Dodds

Gary C. Tanko Well Drilling, Inc. v. Dodds

Good Law
117 Cal. App. 3d 588·172 Cal. Rptr. 829·1981 Cal. App. LEXIS 1578
Court of Appeal of CaliforniaMarch 31, 1981Civ. 19369California1,958 words

Opinion

Opinion

Reynoso, J.

We are asked to interpret one of the notice provisions relating to mechanics’ liens. (Civ. Code, § 3093.) Must an effective notice of completion (Civ. Code, § 3093, subd. (a)) when the owner is the builder, name each of the contractors? Alternatively, when no general contractor exists does it suffice to name the owner?

We hold that if no general contractor is involved and the owner is the builder, substantial compliance with the provisions of Civil Code section 3093 is found when the name of the owner is cited in place of the nonexistent general contractor. Our opinion, as we explain below, is founded on our view that the statute aims at fair notice.

Plaintiff Gary C. Tanko Well Drilling, Inc., appeals from the judgment after trial by court which denied him a judgment of foreclosure of his claim of mechanics’ lien against defendant Christine Tinney. Rather, the court declared her real property free and clear of his claim of lien. The judgment also awarded plaintiff Tanko judgment against defendants Dale Dodds and Mary Dodds in the sum of $3,300 plus interest.

I

Plaintiff is a California corporation as well as a duly licensed drilling contractor. On or about April 1,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.