Legal Opinion

Munger & Munger v. McBratney

California Court of Appeal

Decided February 24, 1955No. Civ. A. 8543PublishedCited by 4 opinions

1Opinion of the CourtBishop, Acting P. J.

The plaintiff unsuccessfully sought to foreclose a mechanic’s lien for work done by it under a plumbing and heating subcontract, recovery being denied on the theory that the plaintiff had filed its claim of lien too late. We have concluded that the theory was ill founded; the judgment should be reversed.

After repeated amendments, section 1187, of the Code of Civil Procedure, has become section 1193.1. Certain of its provisions are material to our problem. A subcontractor is authorized to file a claim of lien “after he has ceased to perform labor or furnish material, or both . . . and before…

2Cases cited5 opinions

  1. Capital National Bank v. SmithCalifornia Court of Appeal · 1944
  2. Hammond Lumber Co. v. Barth Investment Corp.California Supreme Court · 1927
  3. Hammond Lumber Co. v. Barth Investment Corp.California Supreme Court · 1927
  4. Nevada County Lumber Co. v. JanissCalifornia Court of Appeal · 1938
  5. Orlandi v. GrayCalifornia Supreme Court · 1899

3Cited by4 opinions

  1. Grand v. GriesingerCalifornia Court of Appeal · 1958
  2. Picerne Construction Corp. v. Castellino VillasCalifornia Court of Appeal · 2016
  3. Fontana Paving, Inc. v. Hedley Brothers, Inc.California Court of Appeal · 1995
  4. Howell v. GundersonAppellate Division of the Superior Court of California · 1967

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