Parsons Brinckerhoff Quade & Douglas, Inc. v. Kern County Employees Retirement Ass'n
Opinion
Opinion
Dibiaso, J.
Defendant Kern County Employees’ Retirement Association (KCERA) appeals from a judgment ordering foreclosure of a mechanic’s lien against improved property owned by KCERA. The lien was recorded by plaintiff Parsons Brinckerhoff Quade & Douglas, Inc. (Parsons). We will affirm. In the published portion of this opinion, we will determine Government Code section 31452 is unconstitutional when applied to the enforcement of a mechanic’s lien by a claimant whose lien rights are guaranteed by article XIV, section 3, of the California Constitution.
In 1985 Mosesian Development Corporation (Mosesian) contracted with Parsons, an architectural firm, to design the Beale Memorial Library and administer its construction on land which Mosesian owned. On October 15, 1987, Mosesian recorded a “Notice of Completion” with respect to the project. The same day Mosesian sold the library property to KCERA.
Thereafter, on November 16, 1987, Parsons recorded a claim of lien, for unpaid architectural design services, against the property. Parsons then filed suit for breach of contract, for goods and services rendered, and for foreclosure of the lien.