Sukut Construction, Inc. v. Rimrock CA

*822 Opinion

Construction, Inc. (Sukut), appeals from a summary adjudication of its cause of action for foreclosure of a mechanic’s lien. The court ruled in favor of Otay Valley Quarry LLC (Otay) and Rimrock CA LLC (Rimrock), the owner and operator, respectively, of Otay Valley Quarry (Quarry), located in Chula Vista, California. Sukut contends that Quarry is a “mine” and the hard rock products extracted from it are “minerals” within the meaning of the Public Resources Code; therefore, Sukut was entitled to record and enforce a mining lien under Civil Code 1 section 3060. Sukut alternatively contends it could enforce a conventional mechanic’s lien under section 3110. Based on our conclusion the quarry at issue here was not a mine within the meaning of section 3060 and, further, that under the doctrine of judicial estoppel Sukut is barred from arguing it was entitled to enforce a mechanic’s lien, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Sukut alleged in its complaint a cause of action for foreclosure of a mechanic’s lien against Rimrock, Otay and Doe defendants, and alleged causes of action for breach of contract, common counts and enforcement of promissory note…