de Langis v. Hermanne CA4/3

FACTS AND PROCEDURAL HISTORY

In 2006 defendant entered into a construction contract with CBI Technology Group, Inc., (CBI) to act as a general contractor to build two residences (Property) for just under $2.1 million. Plaintiff was an officer, director, and shareholder 1 Plaintiff’s separate claim for injunctive relief is not a cause of action but a remedy. (Marlin v. Aimco Venezia, LLC (2007) 154 Cal.App.4th 154, 162.)

2 of CBI and acted as its responsible managing officer. Plaintiff and CBI failed to supervise and pay subcontractors and to timely complete construction, ultimately abandoning the project. Litigation began when one of the subcontractors filed a mechanic’s lien and sued defendant and CBI to foreclose on the lien. CBI defaulted. Defendant settled the action by paying off the mechanic’s lien, and filed a cross-complaint against CBI. CBI and plaintiff then recorded a mechanic’s lien for just over $69,000 on the Property. Defendant amended the cross-complaint, adding plaintiff, and other parties, alleging several causes of action arising out of the failed construction project. Defendant then made multiple futile attempts, both personally and by mail, to serve the…