California Court of Appeal

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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.
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