Acco Contractors, Inc. v. McNamara & Peepe Lumber Co.

Opinion

CALDECOTT, P. J.

The issue presented by this appeal is whether a corporation, as distinguished from a natural person, can qualify for a loggers’ lien under Civil Code section 3065. We conclude that it can. .

Appellant, Acco Contractors, Inc., a corporation (hereinafter “Acco”), filed suit against.. Standard Plywood Corporation (hereinafter “Standard”), not a party to this appeal, and respondent McNamara & Peepe Lumber Company (hereinafter McNamara & Peepe) to foreclose a loggers’ lien in the amount of $218,561.84.

On April 11, 1974, Acco and Standard entered into a contract whereby Acco agreed to “provide all the necessary labor and equipment to fall, buck, skid, yard, and load onto trucks . . . the merchantable timber situated on the timber areas to be designated by Standard for logging from timé to time during the terpi of the Agreement.” In return, Standard agreed “to pay Acco on the basis of 115% of Acco’s actual costs and expenses incurred in the performance of all such work . . . and, in addition . . . Standard agrees to pay Acco an Equipment Charge on the basis equal to 115% of the depreciation on such equipment.” Acco performed under the contract until August 11 or 12, 1975, at which time it ceased active operations as Standard had not paicfoutstanding billings. At the time that Acco filed this suit, some of the logs on which Acco had performed work were in the possession of McNamara & Peepe. Acco had these logs attached as well as those remaining on the premises of Standard. McNamara & Peepe moved for summary judgment. The superior court granted the motion on the grounds that Acco, as a corporation, was not entitled to a loggers’ lien under Civil Code section 3065. The appeal is from the summary judgment.

[295]

This case presents an issue of first impression: that is,’ whether a corporation can qualify under Civil Code section 3065 for a loggers’ lien. Section 3065 reads in its pertinent part:

“Any person

who shall,

by his own labor,

or by using his livestock, machinery or appliances, or both, do or perform any work or render any service in connection with felling, preparing or transporting any logs, or in manufacturing lumber or other timber products from such logs, including the production of tanbark, shall have a lien , upon any and all of such logs and upon any and all of the lumber and other timber products.manufactured therefrom, whether said work was done or service was rendered on the logs themselves, or any of them, or in manufacturing the lumber or other timber products from them, for the value of such labor done and for the value of the use of such livestock, machinery and appliances, or both, whether said work was done or service was rendered at the instance of the owner of such logs ....” (Italics added.)