Baker

Nathan M. Hubbard, a general building contractor (Contractor), appeals a judgment on his cross-complaint denying him the right to foreclose on a mechanic’s lien, against Adams, a landowner (Owner) upon whose improved real property Contractor made certain modifications pursuant to a contract with a lessee in possession. We affirm the judgment.

Factually, Owner purchased a 50-year-old building and its site which was then licensed as a convalescent hospital. After one month of unsuccessful self-operation as an intermediate-care facility, Owner entered into a five-year lease with Hartley (Lessee) who assumed control July 1, 1972, and continued to operate the facility as an intermediate-care center although the lease was not specifically restricted to this use. Owner, and later Lessee, relied primarily on Medi-Cal patients as the major source of clientele and revenue.

The lease was prepared by Owner in a cut-and-paste method from various samples he obtained. It reads in part as follows: “5 [the second one]. Use of the Premises’. The premises are let to Tenant for use as a nursing retirement-convalescent home/hospital with related operations. Tenant shall not use or permit…