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RICHARDS v. HILLSIDE DEVELOPMENT CO.

Docket No. 18571.

177 Cal.App.2d 776 (1960)

2 Cal. Rptr. 693

WELDON L. RICHARDS et al., Appellants, v. HILLSIDE DEVELOPMENT COMPANY, INC. (a Corporation) et al., Respondents.

Court of Appeals of California, First District, Division One.

February 15, 1960.

Attorney(s) appearing for the Case

Byers, Howell & Elson for Appellants.

Robert J. Foley and Lawrence D. Saler for Respondents.

TOBRINER, J.

In this case the court sustained a demurrer without leave to amend to appellants' first amended complaint for foreclosure of a mechanic's lien. Respondents' demurrer rested upon the proposition that the complaint showed upon its face that Code of Civil Procedure, section 1198.1, barred the action. This appeal, which lies from the resulting judgment for respondents, is predicated upon three grounds: (1) the section does not preclude the action; (2) the...

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