Procedural Posture

Appellant land developers sought review of the judgment of the Superior Court of Los Angeles County (California), which awarded attorney fees against the release bond on the mechanic’s lien claim.

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Overview

Appellant land developers entered into a contract with respondent construction company for respondent to act as grading subcontract. Appellant terminated the agreement and respondent filed two mechanic’s liens and brought suit for breach of contract and to foreclose the liens. The trial court found in favor of respondent. The court modified the judgment to delete the award of attorney fees against the release bond on respondent’s mechanic’s lien claim. It held that attorney’s fees were not recoverable on a mechanic’s lien claim and the action against the release bond surety did not change the cause of action to foreclose the mechanic’s lien in any way. The court determined that since the rights of the parties were not changed by the posting of a release bond, and the cause of action to foreclose the mechanic’s lien was also unchanged as a result, respondent’s remedies remained the same, including the bar against recovery of attorney fees.

Outcome

The court modified the judgment to delete the award of attorney fees against the release bond on respondent construction company’s mechanic’s lien claim. It held that damages recoverable on a mechanic’s lien claim did not include attorney fees and the posting of a release bond did not change the remedies available to respondent.