ADVENT, INC. v. ASHLAND AVE. APARTMENTS, LLC

No. B230182.

ADVENT, INC., Plaintiff and Appellant, v. ASHLAND AVENUE APARTMENTS, LLC, et al. Defendants and Respondents.

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

Filed April 2, 2012.


Attorney(s) appearing for the Case

Advent Companies , Treg A. Julander ; Edward M. Picozzi for Plaintiff and Appellant.

Freeman, Freeman & Smiley, John P. Godsil , Jared A. Barry for Defendant and Respondent Ashland Avenue Apartments, LLC.

Troutman Sanders , Dan E. Chambers , Amy A. Hoff for Defendant and Respondent California Bank & Trust.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

BOREN, P.J.

For purposes of determining priority, a mechanic's lien relates back to the time of "commencement of the work of improvement." (Civ. Code, § 3134.) Following a bench trial, the trial court found that the plaintiff, appellant Advent, Inc. (Advent), failed to establish the priority of its mechanic's lien over a deed of trust held by respondent California Bank & Trust (CB&T). Based on evidence...

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