California Court of Appeal

In an action brought by a contractor against a real estate developer and lender to foreclose a recorded mechanic's lien, the trial court's judgment in favor of plaintiff is affirmed as modified where: 1) plaintiff timely recorded its mechanic's lien; 2) developer fails to demonstrate the applicability of judicial estoppel; 3) the property constituted one residential unit; 4) the trial court overstated the principal sum due and failed to subtract the $115,453.50 setoff from the principal sum, but the other claims of error with regard to the lien amount have no merit; and 5) the action against lender is not time-barred because plaintiff timely substituted lender in place of a Doe defendant when plaintiff learned of the bank's interest in the property.

Appellate Information

• Published 2016/02/18

Judges

• MAURO

Court

• California Court of Appeal

Counsel