McCarthy

Plaintiff Selby Constructors, a California corporation, filed a complaint alleging breach of a residential construction contract and seeking enforcement of a mechanic’s lien on the subject property, located at 3445 Ocean Drive, Oxnard, California. Named as defendants were the home owners, John L. and Pat McCarthy, husband and wife, and Security Pacific National Bank.

Total price of the project was $67,314. The McCarthys had paid $45,306.41 to plaintiff, the general contractor, who sought the balance due of $22,277.59. Defendants answered the complaint, setting forth affirmative defenses of nonperformance and negligent performance; they also cross-complained for damages on the same grounds.

Trial was by the court, sitting without a jury. Plaintiff Selby received judgment of $22,277.59 and attorney fees of $7,500. Defendants have appealed from the judgment.

I

Appeal Not Moot Even Though Judgment Has Been Satisfied

While this appeal was pending, defendants paid $35,213.34 to plaintiff, thereby satisfying the judgment. According to the declaration of their counsel filed in this court, payment of the judgment was made by defendants to prevent further running of interest…