McCrea

The plaintiff is the assignee of the claims of certain laborers who performed work for a subcontractor in tbe erection of a building belonging to the respondent, Kate Johnson. Her codefend-ants are the original contractors and the subcontractors. After the aforesaid assignment was made the assignee proceeded under section 1184 of the Code of Civil Procedure, and served a notice upon said Johnson stating that he was such assignee, and, among other things, requesting her to withhold from the contractor sufficient funds to meet his demands therein stated. Plaintiff subsequently filed his claim of lien, and brought this action to recover thereon.

Two questions only are involved in this appeal: 1. Has an assignee of the claim of a mechanic'or a mate-rialman the right to file in the recorder’s office the notice of claim of lien provided by the statute? 2. Has such assignee the right to serve upon the owner the notice provided by the terms of section 1184 of the Code of Civil Procedure? We are compelled to answer both interrogatories in the negative. It is squarely decided in Mills v. La Verne Land Co., 97 Cal. 254 , 33 Am. St. Rep. 168 , that the right to create and assert a mechanic’s…