California Court of Appeal

In an action by a tree planting company to enforce its materialman's lien against a construction lender, judgment for the lender is affirmed, where: 1) the plaintiff did not provide the lender with 20-day notice of the lien as required by Civil Code section 3097(b); and 2) the fact that a company has a direct contract with the owner and is therefore not required to give notice to the lender under Civil Code section 3097(a) does not excuse failure to comply with subsection (b), which expressly applies to companies who have directly contracted with the owner.

Appellate Information

• Decided 05/22/2012
• Published 05/22/2012

Judges

• Levy

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Gilmore, Wood, Vinnard & Magness, Law Offices of Michael J. Lampe