Windsor Mills v. Richard B. Smith, Inc.

This case and 4 Civil 9073, Windsor Mills v. Broadmoor Somes, Inc. post, p. 343 [77 Cal.Bptr. 304] are companion cases. They are treated as separate appeals. The points raised on appeal are the same and the briefs pertaining thereto are identical.

Plaintiff appeals in this case from an order sustaining a demurrer to its third amended complaint without leave to amend.

The third amended complaint attempts to allege a cause of action by a materialman against a landowner to foreclose a mechanic’s lien. The amount sought is the sum of $17,253.10.

The demurrer was sustained upon the ground that plaintiff did not allege compliance with the requirement of section 1193, Code of Civil Procedure, viz., the serving in the manner prescribed in said section of a pre-lien written notice.

Plaintiff was supplying special order carpeting to a carpet contracting house, defendant Orange County Plastics, a corporation. Orange County Plastics was installing this carpeting, under contract, in tract homes owned by defendants Irvine Company, a West Virginia Corporation, and Bichard B. Smith, Inc., described in plaintiff’s complaint as 70 lots on “A” and “B” Streets, Tract 6113 as per Map recorded in…