Halspar, Inc. v. La Barthe

On this appeal from a judgment entered ■ pursuant to section 631.8.of the. Code of Civil Procedure, the only question, presented is whether the trial court properly concluded that plaintiff’s mechanic’s lien was invalid because, plaintiff failed to give the requisite statutory prelien notice.(Code Civ. Proc., § 119.3) to defendants, the owners of -"■the real property. Plaintiff corporation argues that it is = exieihpt from the statutory notice requirement as an original ■ contractor because defendants had actual knowledge of the " wofif performed.

The facts are not in dispute. Plaintiff, Halspar, Inc., a "• licensed - general contractor, contracted ■ with defendants ’ lésseé, Best Music, Inc. (hereafter referred to as Best) for the construction of.certain improvements on a parcel of real property then occupied by Best under a lease from defendants. Plaintiff completed the improvements between July 15, .-1961,- and January 22, 1962. Best paid $16,990.13 of the con- , tract price .of- $29,973.82, leaving • an ■ unpaid balance of $12,983.69. On April 6, 1962, plaintiff filed a claim of lien against the parcel of real property. About April 4, 1962, a creditor’s involuntary petition…