B. J. Constr. Co. v. Spacious Homes, Inc.

1 Citing case

  1. Guam Resorts, Inc. v. G.C. Corp

    2012 WL 4054145 (Guam 2012)   Cited 4 times

    At first blush, it may appear that some California decisions have conflated section 1193.1(k) with section 1196.1 by requiring intent to defraud in both sections. See, e.g., Distefano v. Hall, 218 Cal. App. 2d 657, 32 Cal. Rptr. 770 (Ct. App. 1963); B. & J. Constr. Co. v. Spacious Homes, Inc., 204 Cal. App. 2d 216, 22 Cal. Rptr. 41 (Ct. App. 1962); Henley v. Pac. Fruit Cooling & Vaporizing Co., 19 Cal. App. 728, 127 P. 800 (Cal. Ct. App. 1912). However, a closer examination of these cases reveals that—where an intent to defraud standard was required—did not involve a claimant willfully including work not performed or materials not furnished for a property.