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HALBERT'S LUMBER, INC. v. LUCKY STORES, INC.

Docket No. G009097.

6 Cal.App.4th 1233 (1992)

8 Cal. Rptr.2d 298

HALBERT'S LUMBER, INC., Plaintiff and Appellant, v. LUCKY STORES, INC., et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

May 26, 1992.

Attorney(s) appearing for the Case

COUNSEL

Hunt, Ortmann, Blasco, Palffy & Rossell, Gordon Hunt and Ronald E. White for Plaintiff and Appellant.

Voss, Cook, Casselberry & Thel and Edward L. Laird for Defendants and Respondents.

OPINION

SILLS, P.J. —

INTRODUCTION

This case presents a real doozy of a puzzle in mechanic's lien law. What is the scope of the "conditional waiver release" of mechanic's lien rights prescribed by Civil Code section 3262, subdivision (d)(1)? This statute specifies the language and format of a release of mechanic's lien rights in return for a progress payment. The parties here used a release form following the statutory...

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