Garcia Carvente, Jose Luis

Lien claimant Cal State Interpreting, through its hearing representative Collective Resources, sought reconsideration of a February 7, 2025 order dismissing its interpreting-services lien for nonappearance at a December 19, 2024 lien conference. The lien claimant contended it never received notice of the lien conference nor the Notice of Intention to Dismiss (NIT), and that the dismissal should be vacated. The Board examined the record and noted the October 14, 2024 DOR was served on defendant but not on lien claimant or its representative, raising serious notice concerns. Because a lien dismissal for nonappearance requires that the lien claimant have been properly noticed, the Board concluded the lien claimant must be given an opportunity to demonstrate why the order should be vacated. The Board dismissed the Petition for Reconsideration and returned the matter to the trial level to treat the petition as one to set aside the order under a procedure analogous to Code of Civil Procedure section 473.