Durrell

This action was brought to enforce an alleged lien for twenty-four dollars and seventy-five cents upon certain land of the defendant for work done upon a street in front of said land in grading said street, curbing etc., under section 1191 of the Code of Civil Procedure. The defendant demurred to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action, and also because it is uncertain in several named respects. The court sustained the demurrer without leave to amend, and judgment was entered for the defendant. Plaintiff appeals from the judgment.

The demurrer was properly sustained. The lien provided for in section 1191 can be acquired and enforced only against a lot in an “incorporated city or town”; and the whole complaint taken together shows, we think, quite clearly that the land with respect to which the alleged contract for grading was made was not within any incorporated city or town. The complaint set forth the written contract for grading and other work, and the contract shows upon its face that the work was to be done at a place in the county of Los Angeles outside of any incorporated city or town, or was to be done “in…