Howard S. Wright Const. Co. v. BBIC Investors, LLC (2006) 136 Cal.App.4th 228
Jan 31, 2006OUTCOME: Prevailed on the Appeal, as the Trial Court was reversed.
BACKGROUND: Construction company brought action to foreclose on mechanic's lien on commercial property in connection with construction work performed for tenant, and recorded notice of lis pendens. Lan ... dlord moved to expunge and remove lis pendens and mechanic's lien. The trial court granted landlord's motions, and company petitioned for writ of mandate. The Court of Appeal, 106 Cal.App.4th 314, 130 Cal.Rptr.2d 641, granted petition. After a nonjury trial on remand, the Superior Court, Alameda County, No. 2001-019199, William A. McKinstry, J., determined that recordation of mechanic's lien was premature and lien was therefore void. Company appealed. HOLDING: The Court of Appeal, Stevens, J., held that: (1) contract was “complete†for purposes of commencing recordation period for mechanics' lien when all work was performed, excused, or otherwise discharged, and (2) company “completed†contract by virtue of tenant's anticipatory breach. Reversed and remanded.
