Kane

The question is whether appellant’s alleged cause of action on a mechanic’s lien is barred by the statute of limitations.

Facts.

Appellant is a civil engineer. He performed engineering services for the subdivision of a parcel of land for one Saunders, who was the owner, valued at $4,289.05, of which $1,850.59 is unpaid. Appellant has judgment against Saunders, who is not a party to this appeal. He sought judgment enforcing a mechanic’s lien against the proceeds of a sale under a deed of trust, but did not succeed because of the limitations statute.

The work was commenced January 7, 1956, and was completed September 30, 1958. Mechanic’s lien was filed October 30, 1958. Suit to foreclose the lien was filed December 18, 1958. Saunders was named defendant in the action, but respondents were not. Respondents were named for the first time in litigation relevant to appellant’s claim in a cross-complaint to a quiet title action, on January 25, 1962, about three and a half years after completion of the work. On March 20, 1962, appellant filed a complaint, essentially the same as his earlier cross-complaint, against respondents.

Respondents’ first connection with the property on which…