Div. of Labor Law Enf't v. Egnew Inv. Inc.

Plaintiff, assignee of one Davis, filed this action on October 23, 1964, to foreclose a mechanic’s lien, in the Los Angeles Judicial District of the Municipal Court. On July 28, 1965, defendant demurred generally and moved to change venue to Santa Anita Judicial District wherein the liened real property was located. Upon consent of the parties, the motion was granted, the cause ordered transferred to Santa Anita Judicial District, and the demurrer was placed off calendar. The latter court received the file on August 10, 1965. Defendant answered, generally and specifically denying the averments of the complaint. At the time of trial, defendant successfully moved to exclude all evidence and moved to dismiss on the ground that the court lacked jurisdiction, because the action had not been filed in the “proper court” within 90 days as specified in Code of Civil Procedure, section 1198.1. That section provides in pertinent part: “(a) No lien provided for in this chapter binds any property for a longer period than 90 days after the same has been filed . . . unless within that time, proceedings to enforce the same be commenced in a proper court. ’ ’

This action was commenced in the…