Travelers Casualty etc. v. Berger Foundation CA4/3

INTRODUCTION

Travelers Casualty & Surety Company of America (Travelers) was substituted into this action as real party in interest to assert plaintiff Granite Construction Company’s (Granite) claim for foreclosure of a mechanic’s lien. Travelers appeals from the judgment entered after the trial court granted defendant The H.N. & Frances C. Berger Foundation’s (Berger) motion for summary judgment. We reverse. Triable issues of material fact exist as to whether Granite’s mechanic’s lien was effective under Civil 1 Code former section 3097. The trial court therefore erred by granting summary judgment. In our opinion, we address the most significant triable issues of material fact in parts III., IV., and V. of the Discussion section.

SUMMARY OF THE PARTIES’ EVIDENCE

In 2003, Berger, a charitable foundation, acquired a 446-acre tract of land in Palm Desert. Berger developed part of the property into a fully functional 240-acre golf course and chose not to develop the remainder of the property. Berger gifted the golf course to the Bob Hope Desert Classic golf tournament and sought a developer to purchase the remainder of the property. In September 2006, Desert Gold Ventures, LLC…