Smith v. Union Bank & Trust Assn.

Opinion

KINGSLEY, J.

From May 12, 1964, through August 7, 1964, plaintiff Smith, a subcontaractor, furnished labor and material for lathing and insulation for a work of construction done on real property. On October 21, 1964, Smith served on a construction lender, defendant Union Bank, a stop notice, together with a bond pursuant to- section 1190.1 of the Code of Civil Procedure. On November 18, 1969, plaintiff Smith filed his summons and complaint to enforce the stop notice.

Smith’s complaint alleged that, after filing the stop notice, defendant obtained a judgment (case No. 84465) against the…