Del Conte Masonry Co. v. Lewis

Opinion

CHRISTIAN, J.

Appellant Del Conte Masonry Company, a subcontractor on a public works project, has taken judgment against defendant Lewis, the general contractor. Del Conte itself was the judgment debtor of respondent F. P. Lathrop Construction Cbmpany (apparently in connection with some other transaction), and was indebted also to several suppliers of materials on the project and to Blackfield, its attorney, for services rendered in the action against Lewis. It appears that the project creditors had

[680]

not perfected their statutory lien rights and that Blackfield had not obtained by contract a lien on the proceeds of the claim which he was prosecuting against Lewis for his client. Before Del Conte had taken judgment against Lewis, and against the surety on Lewis’ labor and materials bond, Lathrop appeared, moving for an order, under Code of Civil Procedure section 688.1, granting it a lien on the anticipated judgment. Upon receiving notice of Lathrop’s motion, and before the motion could be heard, Del Conte by written agreement granted a lien on its cause of action to Blackfield, both personally (to secure payment of attorney fees), and as trustee (to secure payment to materialmen). The court thereafter granted Lathrop’s motion for a lien upon the anticipated judgment, and Del Conte moved for an order determining the priority of these liens. The court determined that the Lathrop lien was first in priority; Del Conte appeals, contending that the Lathrop lien should have been last.

Respondent’s lien right as a judgment creditor was authorized by statute,

1

but the statute does not expressly regulate lien priorities. As for appellant, in California an attorney does not automatically have a lien for the value of his services upon a judgment obtained through his efforts, but an equitable lien may be created by agreement between the attorney and his client.

(Wagner

v.

Sariotti

(1943) 56 Cal.App.2d 693, 697-698 [133 P. 2d 430].) Similarly, a debtor may grant an equitable lien to creditors such as the materialmen here involved. (31 Cal.Jur.2d, Liens, § 10.)