Appellant challenged the order of the Superior Court of Ventura County (California), which granted summary judgment in favor of respondent industrial park and against appellant building supplies corporation in appellant’s action to foreclose a mechanic’s lien and for unjust enrichment and an account stated.
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Trial court granted summary judgment in favor of respondent industrial park in action to foreclose a mechanic’s lien brought by appellant building materials corporation with counts for unjust enrichment and an account stated. On appeal, appellant contended that factual issues concerning the existence of a contractual relationship between the parties precluded grant of summary judgment. The court agreed, holding that while respondent had right to 20-day preliminary notice under Cal. Civ. Code § 3097, the fact the statute was not strictly adhered to was not controlling where, as here, there was evidence that respondent promised to pay appellant for all past and future deliveries of building materials to a specified contractor. The court thus reversed the grant of summary judgment as to appellant’s mechanic’s lien claim. However, appellant’s count in unjust enrichment was deemed properly dismissed, as the complaint did not set forth facts demonstrating such claim. As to claim premised on an account stated, the court reversed the dismissal, finding that appellant could use a letter as an admission against interest to show an account stated, thereby framing a triable issue of fact.
The court affirmed the summary judgment in favor of respondent industrial park and against appellant building supplies corporation on the cause of action for unjust enrichment, while reversing the order of the trial court with respect to appellant’s claims premised on a mechanic’s lien and an account stated, because, as to the latter two, triable issues of fact existed, thus precluding grant of summary judgment.