Despite its name, a mechanic’s lien is generally utilized by any supplier, contractor, laborer, and/or subcontractor. If you worked on someone’s home, for instance, and were not paid, you can then file a mechanic’s lien. This is essentially a “hold” against the business, commercial, or homeowner’s property. Although this can result in foreclosure if […]
City Estopped From Reneging On Conditional Use Permit After Developer Relied On Promise.
In 1999, City issued a conditional use permit [CUP 4153] permitting development of two hotels near Disneyland by some developers. At that time, the City intended to build an overpass on a portion of the property owned by the developers. In exchange for taking that portion of the property, the City promised to build a parking structure. Relying on the City’s promises and representations, the developers reduced the number of hotel rooms and made other design changes.
Judicial Admission Made In Unverified Complaint Against General Contractor.
This is the scenario: A homeowner sued a general contractor, alleging shoddy work. In his unverified complaint, the homeowner alleged the contractor was licensed at all times. The general contractor responded with a cross-complaint for unpaid work. A local rule required plaintiff to identify all controverted issues, and plaintiff did not identify licensure as a […]
“No Good Deed Goes Unpunished:” Clare Boothe Luce.
A civil engineer, the cross-defendant herein, was hired to prepare plans to build a pier. His plans called for a very particular kind of concrete mixture, which concrete was supplied by defendant/cross-complainant. After defendant/cross-complainant prepared the concrete, cross-defendant gratuitously reviewed the recipe used and approved the prepared concrete. On the day of the concrete pour, […]
Insured Entitled To Conditional Judgment Against Insurance Company.
Three days after an insurance company issued a property policy, burglars caused serious damage to the building by stripping all electrical and other conductive materials. The policy provided two different measures for reimbursing covered damages: the full cost of repairing the damages, so long the repairs were actually made, or the depreciated value of the […]
Lender’s Lien Has Priority Over Mechanic’s Lien.
A construction project fell through when the developer ran out of money. The construction company filed a mechanic’s lien on the development. In connection with the construction loan agreement, the lender required the developer to assign its rights and remedies under the construction contract, but not its obligations, to the lender, and the construction company […]
This Contract Was Definitely Breached…So Was The Sewer Pipe.
Plaintiffs entered into contracts to have their telephone, internet and satellite television services installed. The installation did not go as planned, as a technician drilled through a sewer pipe. Plaintiffs brought an action for breach of contract, negligence and other torts. A jury awarded $109,000 in damages and the court entered judgment. On appeal, the […]
Competitive Bids Not Required For School District.
The question before the court was: Does Education Code section 17406 exempt school districts from obtaining competitive bids when entering into what are known as “lease-leaseback” agreements to improve school property? The appellate court concluded the answer is “yes” because the language of the statute is “plain, unambiguous and explicit, and does not impose bid […]
Duty Of Care Extends To Architects.
A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]
Mechanic’s Lien Eliminated After Deed In Lieu Of Foreclosure.
Property was subject to a first deed of trust and a mechanic’s lien. The property owner defaulted on the loan secured by the trust deed. Faced with foreclosure on that senior debt, the property owner gave the trust deed beneficiary title to the property by means of a grant deed in lieu of foreclosure. The […]
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