Galardi

This is an appeal from a judgment entered after trial, without jury, in an action to foreclose a mechanic’s lien upon certain real property. We find that appellant’s foreclosure action is barred by Civil Code section 3144 and affirm the judgment of the trial court.

The appellant herein, Sawyer Nurseries (hereinafter Sawyer), plaintiff below, is a contractor who provided labor and materials to improve certain real property located in Malibu, California (hereinafter Eagle Pass Property), owned by Lawrence J. Galardi, dba Lawrence J. Galardi, a professional corporation and Shari J. Galardi (hereinafter, jointly, Galardi). The respondents, defendants below, are the beneficiaries of a first (Tokai Bank, hereinafter, Tokai) and second (Cambridge Group, hereinafter, Cambridge) deed of trust. Galardi, the owner of the Eagle Pass Property and the trustor of the first trust deed to Tokai and the second trust deed to Cambridge is not a party to the proceedings herein by reason of his prior bankruptcy.

In the course of Galardi’s bankruptcy, Cambridge, the holders of the second deed of trust, sought relief from the United States Bankruptcy Court from the automatic stay imposed…