A. A. Baxter Corp. v. Home Owners & Lenders

Plaintiff, a grading and excavating contractor, appeals from that part of a judgment denying foreclosure of an asserted mechanic’s lien upon property owned by those defendants who were homeowners of and lenders having liens on a part of the property described in the claim of lien.

The action arose out of two contracts; one under date of December 12, 1963, for excavating and grading an undeveloped tract of land, described as the West one-half of Pueblo Lot No. 1786, Pueblo Lands of San Diego, owned by Harbor Crest, a partnership; and the other under date of March 9, 1964, for the construction of storm drains on that tract.

Harbor Crest planned development of the whole tract. The initial development contemplated a three-unit subdivision of a portion of the tract to be known respectively as Harbor Crest Unit No. 1, consisting of 32 lots, Harbor Crest Unit No. 2, consisting of 14 lots and Harbor Crest Unit No. 3, consisting of 46 lots. As a part of the preliminaries to this development, Harbor Crest applied for and obtained a special land development permit from the City of San Diego issued February 13, 1964, authorizing the excavating, grading and storm drain work covered…