Union Tank & Pipe Co. v. Mammoth Oil Co.

This is an action to foreclose a mechanic’s lien upon real property. The two defendants other than respondents having defaulted, judgment was entered in favor of appellant as to them. Respondents pleaded the provisions of section 1190 of the Code of Civil Procedure as a defense to appellant’s cause of action as against them, which plea was sustained by the trial court and judgment accordingly entered in favor of respondents. From this portion of the judgment plaintiff appeals.

The claim of lien was filed on September 10, 1930. On December 3, 1930, well within the period of ninety days thereafter prescribed by section 1190 of the Code of Civil Procedure, the original complaint in the action was filed naming as party defendants the Mammoth Oil Company, Ltd., Signal Oil and Gas Company, Ltd., and as fictitious defendants several Does. With respect to the latter defendants, it was alleged in the usual form that they claimed some interest in the premises either as owners or otherwise, that their true names and the exact nature of their interest were unknown and that when ascertained request to amend would be made. Summons was issued thereon, served upon the two defendant companies and…