Dixon v. Fredericks

THOMPSON, J.

This is an appeal from a judgment imposing a mechanic’s lien upon the premises of the owners thereof to secure the payment of a claim for painting the building. The contract for the work was made with the lessee of the premises. It is contended the property is not subject to lien because the painting was not done with the knowledge of the owners.

The appellants own lots 35-82, tract 3874, in Los Angeles, together with the building which is situated thereon. The premises were leased to the defendant Fredericks. November 9, 1928, the lessee entered into a contract with the respondents to paint the interior of the building. This contract was completed November 17, 1928. The reasonable value of the services is $374. December 17, 1928, the appellants signed a written acknowledgment of their liability for the claim and agreed to pay the bill. January 7, 1929, the respondents filed their claim of lien pursuant to statute against the appellants’ property to secure the debt. The appellants failed to file or record a notice of nonresponsibility for the claim as provided by section 1192 of the Code of Civil Procedure. The court adopted findings in accordance with the foregoing statement of facts. Judgment was rendered against the appellants for the sum of $374, together with interest thereon and costs. The decree imposes a lien upon the property to secure the debt. From this judgment the defendants Bessolo, Bessolo & Gualano, Inc., and R. E. Hennessey have appealed.

The appellants claim the judgment is not supported by the findings; that their property is not subject to lien for the reason that the painting was not done with their knowledge or consent. We think this contention is without merit. Section 1192 of the Code of Civil Procedure provides in part: “Every building or other improvement or work mentioned in any of the preceding sections of this chapter constructed, altered or repaired upon any land with the knowledge of the owner or of any person having or claiming any estate therein, and the work or labor done or materials furnished mentioned in any of said sections with

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the knowledge oí the owner or persons having or claiming any estate in the land, shall be held to have been constructed, performed or furnished at the instance of such owner or person having or claiming any estate therein, and such interest owned or claimed shall be subject to any lien filed in accordance with the provisions of this chapter, unless such owner or person having or claiming any estate therein shall,