Howard S. Wright Construction Co. v. BBIC Investors, LLC

Good Law
136 Cal. App. 4th 228·2006 Cal. App. LEXIS 122·2006 Daily Journal DAR 1339·38 Cal. Rptr. 3d 769·2006 Cal. Daily Op. Serv. 975
Court of Appeal of CaliforniaJanuary 31, 2006A109876California5,749 words

Opinion

Opinion

Stevens, J.

Howard S. Wright Construction Co. (Wright) sought to foreclose a mechanic’s lien recorded against the property of BBIC Investors, LLC. After a nonjury trial, the court determined that Wright’s recordation of its mechanic’s lien was premature and the lien was therefore void. On appeal, Wright contends this was error.

In the published portion of this opinion, we conclude the trial court erred because Wright recorded its claim of lien after its contract was completed, within the meaning of Civil Code section 3115, upon the anticipatory breach of the other contracting party. In the unpublished portion of the opinion, we conclude as an alternative basis for reversal that the trial court’s key factual finding was not supported by substantial evidence. Although Wright’s remaining arguments lack merit, for the foregoing reasons we reverse the judgment.

I. FACTS AND PROCEDURAL HISTORY

Respondent BBIC Investors, Inc. (BBIC), owned a former warehouse building located at 2201 Poplar Street in Oakland, California. 360networks (USA) inc. (360), a telecommunications company, leased space in the premises from BBIC. 360 retained Wright to perform the construction work necessary for…

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