Cal Sierra Construction, Inc. v. Comerica Bank

Opinion

HULL, J.

In Connolly Development, Inc. v. Superior Court (1976) 17 Cal.3d 803 [132 Cal.Rptr. 477, 553 P.2d 637] (Connolly), the California Supreme Court upheld the constitutionality of the state’s mechanic’s lien and stop notice laws against a claim that they permit a taking of an owner’s property without due process. The court concluded the procedures available to a property owner to obtain interim relief from unjustified claims before the claimant files suit on the lien or stop notice provide sufficient safeguards against such claims delaying or otherwise interfering with a…