California Court of Appeal
T.O. IX v. Superior Court of Ventura County (Asphalt Prof'ls, Inc.), B203794
In a matter in which respondent-contractors recorded a mechanics' lien against each of nine parcels for the full amount due under a contract, developers' petition for writ of mandate is granted, authorizing petitioners to post a single surety bond in the amount mandated by Civil Code section 3143 and to release the nine mechanics' liens where inequity results from requiring petitioners and other property owners to post multiple bonds to release duplicative liens, even though there is only one debt. The superior court is instructed to vacate its order denying petitioners' ex part application and costs are awarded to petitioners.
Appellate Information
- Decided 07/24/2008
- Published 07/24/2008
Judges
Court
- California Court of Appeal
Counsel
- For Appellant:
- Law Offices of David J. Wilzig, David J. Wilzig, Los Angeles,; Howard Posner for Petitioners T.O. IX, LLC, and D and S Homes, Inc., Law Offices of Ray B. Bowen, Jr., Ray B. Bowen, Jr., Tarzana, for Real Party in Interest Asphalt Professionals, Inc.
- For Appellees:
- No appearance for Respondent.