Grettenberg v. Collman

THOMPSON (R. L.), J.

This is an appeal on the part of Pacific Ready Cut Homes, Inc., from a judgment which

[8]

was rendered in several consolidated cases, denying the validity of appellant’s alleged mechanic’s lien.

The plaintiff brought suit to foreclose a mortgage on lot 4 of tract number 4799, in the county of Los Angeles, which was executed to secure the payment of a promissory note for the sum of $9,000. The owner of the land, the appellant and several other mechanic lienholders were made parties to the action. In November, 1925, the construction of a dwelling-house was commenced on the property. Subsequent to the filing of the suit for mortgage foreclosure above mentioned, the appellant and three other mechanic lien claimants commenced separate actions to foreclose their liens. These five actions were consolidated and tried together. Findings were adopted by the court and a judgment of foreclosure was entered in favor of each of the plaintiffs in these several actions, except the appellant, Pacific Ready Cut Homes, Inc., a corporation, which was awarded a judgment in the sum of $3,147.75, but was denied a lien upon the property as security for the payment of this debt. From this judgment the defendant Pacific Ready Cut Homes, Inc., a corporation, has appealed.

The only question which is involved in this appeal is the contention that the findings of the court to the effect that the appellant’s lien was recorded under section 1187 of the Code of Civil Procedure more than ninety days after the completion of the building, is not supported by the evidence. There is some conflict regarding the actual date of completion. It is conceded the appellant delivered the materials for which judgment was rendered in its favor; that they were actually used in the structure and that they were reasonably worth the sum which was allowed therefor. The owner of the property failed to file the notice of completion of the building which is authorized by section 1187,

supra.

That section provided in part:

“In case such notice be not so filed, then all persons claiming the benefit of this chapter, shall have ninety days after the completion of said improvement within which to file their claims of lien.”