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T.O. IX, LLC v. SUPERIOR COURT

No. B203794.

165 Cal.App.4th 140 (2008)

T.O. IX, LLC, et al., Petitioners, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; ASPHALT PROFESSIONALS, INC., Real Party in Interest.

Court of Appeals of California, Second District, Division Six.

July 24, 2008.

Attorney(s) appearing for the Case

Law Offices of David J. Wilzig, David J. Wilzig; and Howard Posner for Petitioners.

No appearance for Respondent.

Law Offices of Ray B. Bowen, Jr., and Ray B. Bowen, Jr., for Real Party in Interest.

OPINION

GILBERT, P. J.

Unlike a cat, the mechanic's lien here has one life, not nine.

Asphalt Professionals, Inc. (API), the real party in interest, contracted with petitioners T.O. IX, LLC, and D and S Homes, Inc., to build a street through a nine-home subdivision developed by petitioners. API alleges that it has not been paid $79,831.18 due under the contract. It recorded a mechanic...

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