South Bay Expressway, L.P. v. Otay River Constructors (In Re South Bay Expressway, L.P.)

MEMORANDUM DECISION

LOUISE DE CARL ADLER, Bankruptcy Judge.

I

INTRODUCTION

Plaintiffs and Debtors, South Bay Expressway, L.P. (“SBX”) and California Transportation Ventures, Inc. (“CTV”), collectively (“Debtors”), move for summary judgment that the mechanic’s liens asserted against the toll road portion of State Route 125, also known as the South Bay Expressway (the “SR 125 Tollway”), are invalid as a matter of law. The SR 125 Tollway is one of the four experimental privately constructed public toll road projects authorized by Streets and Highways Code § 143, which the legislature enacted to help…