California Court of Appeal

North Bay Constr., Inc. v. City of Petaluma, A111591

Dismissal of complaint seeking to recover for grading work performed on city land, and to foreclose a mechanic's lien against the property and to obtain judgment on theory of quantum meruit, is affirmed as a mechanic's lien cannot be enforced against property owned by municipality, even if the work was not performed as part of a "public work" project, and a contractor cannot recover in quantum meruit for improvements to a municipality's property performed under a contract with a third party.

Appellate Information

• Decided 09/28/2006
• Published 09/28/2006

Judges

• POLLAK, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Delphine S. Adams, for Plaintiff and Appellant.


• For Appellees:
  
• Joseph M. Quinn, Eric W. Danly, Meyers, Nave, Riback, Silver & Wilson, Oakland, for Defendant and Respondent.