Shady Tree Farms, LLC v. Omni Financial, LLC

Appellant, Shady Tree Farms, LLC (Shady Tree), delivered mature trees for the landscaping of a development known as Granite Park. When Shady Tree did not receive payment, Shady Tree recorded a materialman’s lien.

In this appeal, Shady Tree challenges the judgment on the pleadings entered in favor of respondent, Omni Financial, LLC (Omni), on Shady *134 Tree’s complaint to foreclose on its materialman’s lien. Shady Tree argues the trial court erred in finding that Shady Tree’s failure to serve a preliminary 20-day notice under Civil Code section 3097 1 prevented it from foreclosing on the lien.

The trial court correctly granted Omni’s motion for judgment on the pleadings. Accordingly, the judgment will be affirmed.

BACKGROUND

The Granite Park development covered several acres of property and was to be filled with a sports complex, restaurants and entertainment for all ages. The entities developing Granite Park were the Zone Sports Center, LLC (Zone), Granite Park Kids’ Foundation (Foundation), JEG Ventures, LLC (JEG), and High Speed Development, LLC.

Omni provided an $18 million construction loan to the Zone that was secured by a deed of trust on the properties owned…