Is a mechanic's lien enforceable?

California, United States of America


The following excerpt is from Connolly Development, Inc. v. Superior Court of Merced County, 116 Cal.Rptr. 191, 41 Cal.App.3d 543 (Cal. App. 1974):

Unlike the mechanic's lien, the claimant does not contribute to or improve or increase the fund by labor or material and interference with the use of the 'fund' is total. Moreover, merely because the claimant has posted a bond to protect the debtor against damages from wrongful seizure is not sufficient to justify a summary taking of his property. (Fuentes v. Shevin, supra, 407 U.S. at pp. 79-80, 92 S.Ct. 1983.)

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