Howard A. Deason & Co. v. Costa Tierra Ltd.

Defendants appeal from a judgment decreeing the foreclosure of plaintiffs’ mechanic’s liens for work performed in connection with the construction of 34 apartments consisting of separate multiple units in a subdivided tract located in the City of Palm Springs.

This controversy involves two actions brought by various subcontractors to foreclose their mechanic’s liens. The actions were consolidated for trial and the appeals from the judgments in both cases have been consolidated.

Defendant Costa Tierra Ltd., a corporation, constructed the apartment units which are the subject of these claims for mechanic’s liens. Defendant Palo Fierro Estates, a general partnership, in which defendants William Aiken and Herbert Rauch were partners, purchased the apartment units from Costa Tierra Ltd. prior to the institution of these actions. Defendants Coachella Valley Savings & Loan Association and Silver Gate Savings & Loan Association were construction lenders under a participating loan agreement. The appeal is from those portions of the judgment establishing the amount of the liens, holding them valid and ordering their foreclosure. No appeal has been taken from that portion of the…