Callahan v. Chatsworth Park, Inc.

Plaintiff appeals from a summary judgment rendered against him in an action for foreclosure of a mechanic’s lien. The matter arose upon motion made by defendant (before answering) to strike the complaint and dismiss the action as sham and frivolous, invoking the authority of section 435, Code of Civil Procedure (enacted in 1955) ; also Lincoln v. Didak, 162 Cal.App.2d 625, 631 [328 P.2d 498]. The court elected to treat the motion as one for summary judgment, thus following the procedure outlined by the Supreme Court in Pianka v. State of California, 46 Cal.2d 208, 211-212 [293 P.2d 458].

The…