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217 Cal. 95

17 P.2d 105

Progress Lumber Co. v. Davis

California Supreme Court

Decided December 27, 1932

California Supreme Court · decided 1932-12-27

Good law ✅— No negative treatment on recordhow we know

Decided 1932-12-27

How this case has been cited

Cited by 10 later decisions — most recently March 1970

2 federal appellate · 8 state decisions

5019321940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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THE COURT.

¶1 This is an action to foreclose a material-man’s lien. A personal judgment was given against defendants, but a lien against the building was denied, for the reason that plaintiff did not file his claim within thirty days of the filing of notice of completion. Plaintiff contends that the notice of completion was invalid, and that therefore he had ninety days to file, in which event his claim was in time. The alleged defect in the notice is the statement made therein that Edward Davis is the owner of the property. Plaintiff points out that the property is owned in joint tenancy by Edward Davis and June Davis, his wife, and argues that as to her interest the notice is void. We are of the opinion that section 1187 of the Code of Civil Procedure, providing for such notices, does not require the arbitrary construction urged by plaintiff. The notice fully described the property, gave the own *96 er’s address, and the verification states that Edward Davis is “one of the owners”. We think that as a joint tenant his interest was sufficient to justify such a description, and no prejudice has resulted to this particular lien claimant by reason of the form of the notice.

¶2 The judgment is affirmed.

¶3 Rehearing denied.

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