Los Angeles Pressed Brick Co. v. Los Angeles Pacific Boulevard & Development Co.

The action is to foreclose a mechanic’s lien. The defendant’s demurrer to the complaint was sustained, and from the judgment which followed the plaintiff appeals.

The complaint shows that plaintiff furnished materials to defendant Leonard, subcontractor under Brown & Alcorn, contractors, to be used, and which were used, in the construction of the building belonging to defendant corporation, the Los Angeles Pacific Boulevard and Development Company. The complaint is in the usual form in such cases, and sets forth that at the time the statutory notice was given by the plaintiff to the owner $4,609 was yet unpaid to the contractors, Brown & Alcorn, but contains no allegation that anything was due and unpaid from the contractors to the subcontractor at the time this notice was given; and it is claimed that for this reason alone the complaint is fatally defective, and that the demurrer was therefore properly sustained.

We do not think this contention can be upheld. The plaintiff is not asking for a personal judgment against the contractor. All he seeks is to enforce his claim upon and against a certain fund which he in effect alleges to be in the hands of the defendant, owner of the…