Coates

Coates v. Shell Western E & P, Inc.

Good Law
1992 Cal. App. LEXIS 526·5 Cal. App. 4th 904·7 Cal. Rptr. 2d 187·92 Daily Journal DAR 5359·119 Oil & Gas Rep. 450
Court of Appeal of CaliforniaApril 22, 1992F014930California3,745 words

Opinion

Opinion

Martin, J.

Summary judgment was entered against appellant Gary Coates and in favor of respondent Shell Western E & P, Inc. (Shell) in appellant’s action to foreclose an oil and gas lien against certain oil and gas leasehold interests of Shell.

Both parties agree that this is a case of first impression in construing the Oil and Gas Lien Act (Code Civ. Proc., §§ 1203.50-1203.66); that there are no questions of fact and only one issue of law presented, i.e., whether appellant performed work, labor and services on real property covered by an oil and gas lease entitling appellant to an oil and gas lien as opposed to a mechanic’s lien.

Statement of the Case and Facts

There is no dispute between the parties as to the facts of this case and therefore the statement of the case as set forth in appellant’s opening brief is hereby adopted with appropriate modifications.

Appellant Gary Coates is a sole proprietor who does business under the name of Tes-Key Backhoe & Dumptruck Service. Appellant is in the construction business. A portion of his business is the provision of construction services at oil and gas production facilities.

Respondent is a lessee under several oil and gas leases…

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