Richards v. Hillside Development Co.

In this case the court sustained a demurrer without leave to amend to appellants’ first amended complaint for foreclosure of a mechanic’s lien. Respondents’ demurrer rested upon the proposition that the complaint showed upon its face that Code of Civil Procedure, section 1198.1, barred the action. This appeal, which lies from the resulting judgment for respondents, is predicated upon three grounds: (1) the section does not preclude the action; (2) the complaint states a cause of action on a common count; and (3) the court should have granted leave to amend. For the reasons which we set out…