Legal Opinion
Lambert v. Superior Court
California Court of Appeal
Decided March 11, 1991No. A052158PublishedCited by 16 opinions
1Opinion of the Court
Opinion
CHIN, J.
This petition presents novel procedural and substantive questions about recording and removing mechanics’ liens. Real party in interest William MacEwen, a licensed general contractor (contractor), recorded a lien for $117,328.05 against property owned by petitioners Claude and Micheline Lambert (owners). By contractor’s own admission, most of the lien is based upon “delay/interest damages” which the construction contract regards as “extra work.” Owners filed a motion to remove the lien, but the court denied the motion on procedural grounds. We conclude that the court erred.
In…
2Cases cited3 opinions
- Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
- Connolly Development, Inc. v. Superior CourtCalifornia Supreme Court · 1976
- Reifler v. Superior CourtCalifornia Court of Appeal · 1974
3Cited by16 opinions
- Newman v. Valleywood Associates, Inc.Supreme Court of Rhode Island · 2005
- Howard S. Wright Construction Co. v. Superior CourtCalifornia Court of Appeal · 2003
- Abbett Electric Corp. v. California Federal Savings & Loan Ass'nCalifornia Court of Appeal · 1991
- Forsgren Associates, Inc. v. Pacific Golf Community Development LLCCalifornia Court of Appeal · 2010
- Mai Steel Service Inc. v. Blake Construction Co.Court of Appeals for the Ninth Circuit · 1992
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