Appel

Appel v. Superior Court

Good Law
153 Cal. Rptr. 3d 798·2013 Cal. App. LEXIS 180·214 Cal. App. 4th 329·2013 WL 870983
Court of Appeal of CaliforniaMarch 11, 2013No. B244590California4,689 words

Opinion

Lead Opinion

Zelon, J.

INTRODUCTION

Webcor Construction, Inc., executed a contract with Wilshire Landmark to construct a condominium development. After the parties became involved in *332 a payment dispute, Webcor filed an action for breach of contract against Wilshire and foreclosure of mechanic’s lien against numerous individuals who had purchased condominium units from Wilshire. Webcor entered into a settlement agreement with Wilshire and proceeded against the unit owners on the mechanic’s lien claim.

Prior to trial, Webcor filed a motion in limine to preclude the unit owners from introducing any evidence related to the value of its constmction contract with Wilshire. The unit owners opposed the motion, arguing that, under Civil Code former section 3123, subdivision (a), the value of the constmction contract was relevant to determining the proper amount of the mechanic’s lien. The trial court, however, mled that because the unit owners were not parties to the constmction contract, the amount of the lien was to be determined based solely on the reasonable value of Webcor’s work. The court further concluded that, in light of this mling, the value of the contract was not relevant to any issue…

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