Tesco Controls, Inc. v. Monterey Mechanical Co.

Opinion

NICHOLSON, J.

Plaintiff sought to recover money owed it on a contract under which it supplied electrical equipment for a public works project. Defendants claimed plaintiff was barred from recovering because it had waived its mechanic’s lien rights up through a date when the funds should have been paid. By grant of summary adjudication, the trial court determined plaintiff’s conditional waiver and release of its mechanic’s lien rights under Civil Code section 3262, subdivision (d)(1), released lien rights only to the extent plaintiff had received payment and not up through the date…