Hatch Companies Contracting, Inc. v. Arizona Bank

OPINION

VOSS, Presiding Judge.

Hatch Companies Contracting, Inc. (Hatch) appeals from a summary judgment for The Arizona Bank, the predecessor in interest to appellee Security Pacific Bank of Arizona (Bank), awarding it statutory damages of $5,000 pursuant to A.R.S. § 33-420 and costs and attorney’s fees of $3,500 for Hatch’s wrongful filing of a lis pendens. Hatch raises three issues on appeal:

1. Did the bank lack standing to question the validity of the lis pendens and to recover damages and fees under A.R.S. § 33-420(A)?

2. Where a bond has been filed to discharge a mechanics’ lien pursuant…