Legal Opinion
Howard S. Wright Construction Co. v. BBIC Investors, LLC
California Court of Appeal
Decided January 31, 2006No. A109876PublishedCited by 8 opinions
1Opinion of the Court
Opinion
STEVENS, J.
Howard S. Wright Construction Co. (Wright) sought to foreclose a mechanic’s lien recorded against the property of BBIC Investors, LLC. After a nonjury trial, the court determined that Wright’s recordation of its mechanic’s lien was premature and the lien was therefore void. On appeal, Wright contends this was error.
In the published portion of this opinion, we conclude the trial court erred because Wright recorded its claim of lien after its contract was completed, within the meaning of Civil Code section 3115, upon the anticipatory breach of the other contracting party. In…
2Cases cited17 opinions
- Norgart v. Upjohn Co.California Supreme Court · 1999
- Romano v. Rockwell International, Inc.California Supreme Court · 1996
- Doers v. Golden Gate Bridge, Higway & Transportation DistrictCalifornia Supreme Court · 1979
- Richmond v. Dart Industries, Inc.California Court of Appeal · 1987
- Yeap v. LeakeCalifornia Court of Appeal · 1997
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wilson & Wilson v. City CouncilCalifornia Court of Appeal · 2011
- Picerne Construction Corp. v. Castellino VillasCalifornia Court of Appeal · 2016
- Ferguson v. City of Cathedral CityCalifornia Court of Appeal · 2011
- Vieira Enterprises, Inc. v. City of East Palo AltoCalifornia Court of Appeal · 2012
- Cavu/Rock Properties Project I, LLC v. Gold Star Construction, Inc. (In re Cavu/Rock Properties Project I, LLC)United States Bankruptcy Court, W.D. Texas · 2014
3 more not listed; retrieve them via the Exa API.