Vitek, Inc. v. Alvarado Ice Palace, Inc.

After a trial by the court, the plaintiff Vitek, Inc. (Vitek) was awarded judgment against Alvarado Ice Palace, Iric. (Alvarado) for $86,062.33 together with interest, costs and attorney fees based on its claims under a written construction contract. The court also recognized as valid the mechanic’s lien filed by Vitek and authorized enforcement by sale of the improved real property owned by Leonard A. Bloom and Deanne H. Bloom. Liberty National Life Insurance Company was beneficiary of a deed of trust on the property but the encumbrance held by Liberty was inferior to the plaintiff’s lien.

In accordance with the law requiring this court to view the facts in the light most favorable to sustain the judgment of the trial court, we will recount the pertinent events giving rise to the controversy.

In 1968 the defendant Alvarado was incorporated to build and operate an ice skating rink in the City of La Mesa. It leased certain real property from the Blooms. Leonard Bloom was president of Alvarado and its principal agent negotiating the contract in question. In June of that year an architect, Donald Goldman, was hired and in September negotiations were begun with Vitek, a…