Robinson

This is an appeal from that part of a judgment of the Municipal Court of the Los Angeles Judicial District which decreed the foreclosure of a mechanic’s lien. The Appellate Department of the Superior Court for Los Angeles County affirmed the judgment. On its certification to us, we transferred the appeal to this court under rule 62, California Rules of Court.

The question before us is whether the 90-day period for commencing proceedings for enforcement of mechanic’s liens provided by section 1198.1 of the Code of Civil Procedure is a statute of limitations affecting the remedy only which may be tolled by the provisions of section 11, subdivision (e), of the federal Bankruptcy Act ( 11 U.S.C.A. § 29 , subd. (e)) pertaining to actions by a trustee in bankruptcy.

The facts are admitted. Plaintiff, Gilbert Robinson, is the trustee in bankruptcy of the estate of West Valley Plastering, Inc., a plastering contractor, which had furnished work and labor on certain real property of which the defendants are alleged to be the owners and reputed owners. On May 13, 1964, West Valley Plastering, Inc., recorded a mechanic’s lien on the property in the office of the county recorder pursuant to…