English v. Olympic Auditorium, Inc.

THOMPSON, J.

The plaintiffs have appealed from a portion of the judgment in these consolidated mechanics’ lien actions, which was rendered pursuant to the directions of the Supreme Court upon reversal of the former judgment therein.

(English

v.

Olympic Auditorium, Inc.,

217 Cal. 631, 644 [20 Pac. (2d) 946, 87 A. L. R. 1281].) It is asserted the trial court has added to its final judgment conditions which are not authorized by the specific directions of the Supreme Court, rendering them ineffectual and void.

Twenty suits for foreclosure of mechanics’ liens were filed in Los Angeles County against the Olympic Auditorium Company, the Los Angeles Athletic Club and other defendants. These actions were consolidated for trial. Findings of facts were adopted by the court favorable to the plaintiffs, and a judgment was accordingly rendered in their favor for the various sums to which each plaintiff was entitled. They were awarded liens for the satisfaction of their respective judgments. Upon a subsequent motion made under the provisions of section 663 of the Code of Civil Procedure, the findings and judgment were set aside and other findings were adopted favorable to the defendants with respect to the vesting of liens. A different judgment was then rendered accordingly. From that judgment the plaintiffs, English and Hammond Lumber Company, appealed. The judgment was reversed by the Supreme Court, and the trial court was directed to render judgment awarding the appellants mechanics’ liens on the

[199]

Auditorium building in question to secure the satisfaction of their ascertained claims. The language of the Supreme Court in the case of

English

v.

Olympic Auditorium, Inc., supra,

is very specific in that regard. It reads as follows:

“It is therefore ordered that as to these appellants [English and Hammond Lumber Company] the order of the trial court of September 27, 1928, and the judgment entered October 6, 1928, be and each one of them is hereby reversed. It is further ordered that this cause be and it is hereby remanded with directions to the trial court to enter its conclusions of law granting appellants a lien upon the Auditorium building down to the surface of the ground, and to enter its judgment in accordance with the findings of fact and the conclusions of law thus amended, granting the lien as aforesaid. ’ ’