Truestone, Inc. v. Simi West Industrial Park II

Truestone, Inc. (Truestone) seeks to recover the cost of materials delivered and used in construction on real property owned by Simi West Industrial Park II, aka Atoian & Associates (Atoian). The trial court granted a motion for summary judgment and dismissed the complaint as to Atoian. We reverse the summary judgment as to Truestone’s actions to foreclose its mechanic’s lien and to recover on an account stated.

Facts

On June 9, 1981, Truestone filed a complaint joining an action for breach of contract against Vista Builders, Inc. (Vista) with an action to foreclose a mechanic’s lien against Atoian. The first amended complaint filed April 12, 1982, also incorporated common counts for unjust enrichment and an account stated.

In the action to foreclose the mechanic’s lien, Truestone alleges that Atoian owned property on Easy Street in Simi Valley and entered a construction contract with Vista, directly or through a general contractor. On August 20, 1979, Vista purchased construction materials worth over $21,000 from Truestone on an open account. Between January 10 and April 30, 1981, Truestone delivered construction materials to the Atoian property where they were used…