Olsen

Alex Moving & Storage (Alex) filed a third party claim asserting that it had a lien for transport and storage fees on personal property owned by respondents Robert B. Olsen and Elrita Olsen. Alex appeals from a judgment denying its claim, contending that the trial court erred in failing to enforce its lien. We agree and reverse.

Facts and Procedural History

Robert B. and Elrita Olsen (Seller) owned a business providing residential care for the elderly. In January 2001, Seller entered into an agreement, called a “letter of intent,” to sell the business to defendants Santa Barbara’s Gracious Living, Inc., Steven Wall, and Ruth Wall (Buyer). The business consisted of several houses in which small numbers of elderly persons would reside under the care of Seller’s staff. The sale of the business included the fixtures, furnishings and other personal property located in the houses.

Before completion of the sale, Seller allowed Buyer to take possession of three of the houses to facilitate the issuance of a license to Buyer. Buyer obtained a license and commenced operation of the business at the houses.

While Buyer was in possession, Buyer contracted with Alex to transport and…