Hellen

The plaintiff, as trustee in bankruptcy of the estate of Lakeside Lumber Co., Inc., a bankrupt, brought this proceeding to foreclose a mechanic’s lien upon property owned by defendants Stephenson. The trial court sustained the demurrer without leave to amend and entered judgment thereon, and this appeal followed.

The sole question involved is the validity of section 1193 of the Code of Civil Procedure added by the Legislature in 1959. It is admitted that there was no compliance by the plaintiff with the provisions of that section, and it is an admitted fact that in the present state of the record compliance is impossible. If, therefore, section 1193 is a valid enactment the court properly sustained the demurrer.

The section provides: “(a) Except one under direct contract with the owner or one performing actual labor for wages, every person who furnishes labor, service, equipment or material for which a lien otherwise can be claimed under this chapter, must, as a necessary prerequisite to the validity of any claim of lien subsequently filed, cause to be given not later than 15 days prior to the filing of a claim of lien a written notice as prescribed by this section, to the owner…