Cal-West National Bank v. Superior Court

Petitioner Cal-West National Bank, a construction lender, demurred to a complaint charging it with conspiracy to defraud several subcontractors and materialmen, who were the plaintiffs below and are the real parties in interest (real parties) in this writ proceeding. Respondent superior court overruled petitioner’s demurrer and directed it to answer the complaint. Petitioner now seeks a peremptory writ of mandate compelling respondent superior court to sustain the demurrer, arguing real parties’ claim for damages is barred under a provision of the California Mechanics’ Lien Law (Civ. Code, § 3082 et seq.). Petitioner’s contention is not meritorious. Accordingly, issuance of a peremptory writ will be denied.

Facts

Rush Development, Inc. (Rush), a defendant in real parties’ lawsuit but not a party to this writ proceeding, was the general contractor for several works of improvement in Riverside County. Real parties contracted with Rush as subcontractors and materialmen on the projects. The bulk of the causes of action included in real parties’ second amended complaint are directed at Rush and defendants other than petitioner on claims of breach of contract, common counts…