Slatkin

Slatkin v. White

Good Law
102 Cal. App. 4th 963·126 Cal. Rptr. 2d 54·2002 Cal. App. LEXIS 4772·2002 Daily Journal DAR 11824·2002 Cal. Daily Op. Serv. 10291
Court of Appeal of CaliforniaOctober 8, 2002A096741California3,213 words

Opinion

Opinion

Pollak, J.

Plaintiffs appeal from an order denying their application for a preliminary mandatory injunction directing defendant to release a mechanic’s lien filed against one of plaintiffs’ residences. They contend that defendant is not entitled to file a mechanic’s lien because he was not licensed as a contractor at all times during the performance of his work on the property. We conclude that the trial court properly denied the requested injunctive relief.

Facts

On April 8, 1998, defendant Barry L. White doing business as Western Estates Construction (White) entered into a contract with Edgar Slatkin to build a residence (the Slatkin residence). On or about July 19, 1999, Edgar Slatkin transferred ownership of the Slatkin residence to Lawrence J. Slat-kin. After the completion of the house in April 2001, White recorded a mechanic’s lien against the property for monies allegedly owed for the construction of the residence. Thereafter, the Slatkins filed a complaint seeking damages for breach of contract and a mandatory injunction to vacate the mechanic’s lien and to prohibit the filing of any further liens on the ground that White did not have a current valid contractor’s license…

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