California Court of Appeal

In a suit against a city, the city's building department and others, by a seller and installer of manufactured homes, alleging that the issuance of installation for two homes to a foreclosing party pursuant to Health & Safety Code section 18551, prior to plaintiff's filing of a mechanic's lien, violated its substantive due process rights, trial court's grant of summary judgment in favor of the defendants is affirmed, as the common law of fixtures, and not section 18551, applies in this case and the undisputed facts establish that the manufactured homes were fixtures to the real property at the time of foreclosure and therefore plaintiff's property interest in the homes had been extinguished by the time the defendants issued the notices.

Appellate Information

• Decided 08/15/2012
• Published 08/15/2012

Judges

• Lamden

Court

• California Court of Appeal

Counsel