Legal Question in Real Estate Law in California

A lien is an economic charge against property. One generally acquires a mechanic's lien by contributing labor or materials to a work of improvement of real estate. If one forecloses on the lien, it is usually not via negligence or other tort claim. It is more likely to be breach of contract, quantum meruit or something similar. "Foreclosure on mechanic's lien" may be a cause of action in and of itself - or it may just be a type of remedy. I will defer to other attorneys who know more about these technical details.

Technically it's neither as it's not a case. A mechanic's lien is a lien put on property when a seller does not get paid. It could be a result of a lawsuit but typically is a result of a breach of contract suit.

In this forum you are probably better off asking a question after briefly describing the facts of your situation. It doesn't seem that finding out what type of a case a lien is will help you out.

No, neither one. It is a remedy for failure to pay money owed. The failure to pay money owed may either be a breach of contract or a claim under what are known as "common counts," in this case a claim for payment for services, labor and/or materials provided.

As you've seen above, a mechanic's lien is not a case, but rather a security interest (another way to describe an economic charge) in a piece of real property. A mechanic's lien is a creature of the California Constitution. With a few exceptions, anyone who provides labor and materials to a work of improvement on real property, e.g., actual construction, supplying materials that get incorporated in the work, etc., has a mechanics lien. It simply exists by operation of law, for entities that contribute to a work of improvement. Just as a trust deed - also a lien on real property - is a security interest protecting the lender's right to be paid on the note, a mechanics lien protects a person's right to be paid for the work they performed to improve the property. In each case, the real property is collateral. If not paid, the lender or "mechanic" forecloses the lien, i.e., has it sold, and takes the proceeds in payment of the debt they are owed.

The "wrong" that usually triggers the use of the mechanic's lien as a remedy is a breach of contract, i.e., someone refuses or fails to pay someone else for labor and materials provided to a work of improvement.

Negligence has nothing to do with mechanics liens. Negligence is a unique cause of action based on tort law. Foreclosure of a mechanic's lien is a statutory cause of action involving real property law and contract law.

Hope this helps; let me know if you need further info.

Regards,