Walker v. Lytton Savings & Loan Ass'n

Opinion

BURKE,

J.—In this mechanic’s lien case, a deed of trust given defendant Lytton Savings and Loan Association (Lytton), to secure a construction loan, was recorded after plaintiff architects had prepared plans and specifications for the proposed construction, but before any actual physical construction had commenced. The trial court decreed that plaintiffs’ mechanic’s lien had priority over the deed of trust, and defendant appeals. As hereinafter appears, we have concluded the court erred in its application of the priority rules set forth in section 1188.1 of the Code of Civil Procedure,…