The trial court concluded that the dispositive issue on the motion was "whether the owner, Kitano, consented to plaintiff's work on the project". Apart from the fact that the evidence presented to the trial court merely raises an issue of fact as to whether such consent was given, it is clear that the issue, in any event, was not one that could be resolved upon defendant's motion to vacate the lien. It has been stated that "[i]n the absence of a defect upon the face of the...
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