(a) (1) At any time within 10 years of the recording of a lien pursuant to Section 11466.33, the department may bring an action, in a superior court in the county in which the lien is filed, seeking a judgment to establish the lien as a judgment lien.
(2) If a judgment is obtained pursuant to paragraph (1), the county recorder shall record the lien as a judgment lien.
(b) An abstract of a judgment obtained pursuant to subdivision (a) or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property of the provider in that county owned by the provider at the time, or that the provider may afterwards, but before the lien expires, acquire. The judgment lien shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a), unless sooner released or otherwise discharged.
(c) The judgment lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of that recording, the lien shall be extended for 10 years, unless sooner released or otherwise discharged.
(d) The department may release any lien imposed pursuant to this chapter, at the provider’s cost, in which case any judgment pertaining to that lien is for all purposes null and void, if all of the following conditions are met:
(1) No temporary suspension order or license revocation actions by the department’s community care licensing division is pending against a provider.
(2) A provider has made at least three timely payments on a voluntary repayment agreement.
(3) The provider submits to the department corroborative evidence that it is unable to obtain a loan from an institutional lender unless the lien is released.
(e) Execution shall issue upon a judgment obtained pursuant to this section upon request of the department in the same manner as execution may issue upon other judgments. Sale shall be held under that execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state.
(Amended by Stats. 2015, Ch. 773, Sec. 99. (AB 403) Effective January 1, 2016.)
Last modified: October 25, 2018