Park

This is an action to foreclose a mechanic’s lien of $11,845.23 for excavation and grading. The court made findings to the effect that plaintiff contracted to do certain work for $9,000; the work for which plaintiff seeks compensation was a part of the work to be done for that price; plaintiff had been paid $9,000 and that defendants owe plaintiff nothing. Judgment was for defendants and plaintiff appealed.

Plaintiff is a corporation managed by Leslie J. Owens. Cameo Park is a partnership having as its general partners Robert S. Harvey and United Western Lands, Inc.; United Western Lands, Inc., is a corporation; C. Fred Smith is its president. Cameo owned tract 10260, a subdivision of 79 lots in Santa Barbara County. Under contract dated March 21, 1963, Owens Corporation graded the tract, as far as it was staked for grading, for a price of approximately $15,000, which was paid.

It became necessary to raise the proposed level of Patterson Avenue adjacent to the tract, to do certain other excavating and grading work, and a new grading plan was prepared by Holmes, then the engineer for Cameo, which indicated some excavation to be done and the change of levels of practically all the…