Hathaway

This is an appeal from a judgment for defendants and from an order denying motion for new trial in an action to foreclose a mechanic’s lien. The only question involved in the appeal is as to whether or not the claim of lien was filed by plaintiff within the period of thirty days allowed it by law. The findings of fact of the trial court, the correctness of which are not disputed, support the claim of the plaintiff and entitle it to judgment.

The court found that the contract in question was completed, and the buildings occupied by the defendants, on the seventh day of August, 1913, and that notice by the owners of the completion of the contract was filed in the office of the county recorder of Los Angeles County on the sixteenth day of August, 1913; and that the claim of lien was filed on the eleventh day of September, 1913, within thirty days of the date of the filing of the notice of completion, but more than thirty days after the actual completion, acceptance, and occupancy of the buildings in question.

In its conclusions of law the court held that the plaintiff was not entitled to judgment by reason of the claim of lien having been filed more than thirty days after the…