Monarch Metal Weather Strip Co. v. Clynick

JAMISON, J.,

pro

tern.—This

is an action to foreclose a mechanic’s lien. The complaint alleges that defendants contracted in writing with plaintiff to have some painting and

[272]

repair work done on property belonging to them; that plaintiff duly performed the work and furnished the necessary material in accordance with said contract; that the sum of $728 is due and owing it from defendants; that a claim of lien was duly filed. Defendants answered denying plaintiff had performed said work in accordance with said contract or that defendant J. L. L. Clynick had any interest in said property or that defendant Lulu W. Clynick ever entered into any agreement with plaintiff for said work. Defendants also filed a cross-complaint wherein they alleged that plaintiff performed said work in such an unworkmanlike manner as to leave the walls in an unsightly condition, to defendants’ damage in the sum of $5,500. Plaintiff had judgment as prayed for. A motion for new trial was filed and denied and defendants appealed.

Appellants’ first contention is that the complaint does not state a cause of action for the reason that the claim of lien is not a valid claim in this, that it was not signed and verified by respondent or by any of its officers. We find no merit in this contention. Section 1187 of the Code of Civil Procedure provides that the claim must be verified by the oath of the claimant or some other person. In the case of

Arata et al.

v.

Tellurium Gold & Silver Min. Co.,

65 Cal. 340 [4 Pac. 195, 344], the Supreme Court used the following language regarding such verification: “It does not require that the verification shall be in form like that attached to a pleading; indeed such form would probably not comply with the requirement of the section. The affidavit attached to each claim is that the same ‘is true’. . The omission to state ‘of his own knowledge’ is not a defect.”

(Parke & Lacy Co.

v.