Does the court have inherent power to order that a building be removed from the premises upon the sale of the building to satisfy a mechanic's lien?

California, United States of America


The following excerpt is from Ecker Bros. v. Jones, 186 Cal.App.2d 775, 9 Cal.Rptr. 335 (Cal. App. 1960):

In English v. Olympic Auditorium, 10 Cal.App.2d 196, 200, 52 P.2d 267, 269, it was set forth that the court has inherent power upon a proper showing to grant a reasonable time within which a building may be removed from the premises upon the sale of a building to satisfy a mechanic's lien, '* * * as a necessary incident to the fulfillment of its judgment.' Appellants' argument is tantamount to saying that the court is impotent and incapable of making an order to effectuate its judgment unless there is some special statutory authority for such a procedure. Such is not the law.

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