T.O. IX, LLC v. Superior Court

Opinion

GILBERT, P. J.

Unlike a cat, the mechanic’s lien here has one life, not nine.

Asphalt Professionals, Inc. (API), the real party in interest, contracted with petitioners T.O. IX, LLC, and D and S Homes, Inc., to build a street through a nine-home subdivision developed by petitioners. API alleges that it has not been paid $79,831.18 due under the contract. It recorded a mechanic’s lien against each of the nine parcels for the full amount due under the contract: nine separate liens, at $79,831.18 each, to secure API’s right to be paid once. After API filed this action to foreclose on the…