Wilson's Heating & Air Conditioning v. Wells Fargo Bank

Plaintiffs appeal (Code Civ. Proc., § 904.1, subd. (b)) from an order of the trial court (made after entry of a stipulated judgment in their favor) ruling they were not entitled to attorney’s fees. We agree with the trial court and shall affirm.

Facts

The plaintiffs are subcontracting suppliers of materials and labor to Mount Lassen Development Corporation (Mt. Lassen), the owner of and general contractor for a completed condominium complex known as The Northwoods, located in Redding. Wells Fargo Bank (Bank) was the construction lender.

In 1981, the plaintiffs filed a complaint asserting a number of causes of action. In the first cause of action, denominated Breach of Contracts, they asserted they had fully performed under subcontracts formed with Mt. Lassen and were owed money on them. It was alleged that Mt. Lassen was the alter ego of individual defendants Winning, Gordon, and Lisle. In the second cause of action, denominated Foreclosure of Mechanics’ Liens, they asserted they had complied with all the rerequisites for establishing their mechanics’ liens which were superior to all claims against the real property asserted by defendants “named herein.” They prayed…