Amendments effective January 1, 2012, to Civil Code §3084 now require, in addition to the “Notice of Mechanics’ Lien Attention!” which remains in effect, that the proof of service affidavit “shall show the name and address of the owner or reputed owner upon whom a copy of the mechanics lien and the Notice of Mechanics Lien was served pursuant to paragraphs (1) or (2) of subdivision (c), and the title or capacity in which the person or entity was served.”
Don’t forget also that “the mechanics lien and the accompanying Proof of Service Affidavit must be served on an owner or reputed owner by registered mail, certified mail, or first-class mail, evidenced by a certificate of mailing, postage prepaid, addressed to the owner or reputed owner at the owner’s or reputed owner’s residence or place of business address or at the address shown by the building permit”.
The statute does not allow for service on an agent for service of process per se unless that address happens to be one of those described (residence, business or building permit addresses) which are often different that the address of the agent).
You can anticipate that failure to strictly comply with the section, as amended, will be asserted as a shield and an affirmative defense to enforcement of a mechanics’ lien recorded with a defective or incomplete Affidavit.
The emphasized portions and comments have been added by me by me.
Please contact me if you have any questions.
Robert