Packard Bell Electronics Corp. v. Theseus, Inc.

In a foreclosure of mechanics lien action, plaintiff appeals from those portions of the judgment of foreclosure denying foreclosure of 42 out of 44 lots.

Questions Presented

1. Can a mechanic’s lien be foreclosed without joining parties who purchased the liened properties within 90 days of the recordation of the lien 1

2. Can a mechanic’s lien be foreclosed against parties who purchased the liened properties after foreclosure suit filed but before filing of a Us pendens ?

3. Can a mechanic’s lien be foreclosed without joining parties who purchased the liened properties prior to the recordation of the lien?

Record

There is no conflict in the evidence, the facts being stipulated by the parties.

On September 28, 1962, plaintiff recorded a mechanic’s lien against 44 lots in Orange County owned by defendant Theseus, Inc., for materials supplied to Valley Wood Products, a corporation, engaged in the construction of certain buildings on said lots. On December 17, plaintiff filed this action to foreclose said lien and on February 18, 1964, recorded a lis pendens thereof.

The court ordered foreclosure of one lot which was sold within 90 days of the recording of the lien and of a…