L.A.M. Construction, Inc. v. Kriz

Opinion

SOVEN, J.

Plaintiff filed an action to foreclose a $23,000 lien against defendants’ real property. The trial court granted a summary judgment for defendants. Civil Code section 3144 provides that no lien binds any property for more than 90 days unless within that time an action to foreclose the lien “is commenced in a proper court, . . .” This case involves the meaning of “a proper court,” as applied to the timely filing of a lien action in the superior court and the untimely transfer of that action to the municipal court. We conclude that “a proper court” includes all courts within the…