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Firm Sues to Foreclose on Disneyland Theater

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Times Staff Writer

What’s new at Disneyland?

The possibility that the sheriff will show up someday and auction off a piece of Tomorrowland.

A construction firm has filed suit to foreclose on a Tomorrowland theater, but a spokesman concedes that is only a slight possibility.

“Disneyland isn’t necessarily the culprit, but they got the benefit of our work,” said Michael Futch, general counsel for the Penhall Co. of Anaheim.

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Futch said his firm did work under a subcontract on the Tomorrowland attraction this year and still is owed $36,000 for the job.

The lawsuit, to foreclose a mechanic’s lien, seeks the money from the prime contractor, Bernards Bros. Inc. of Huntington Beach, or from the amusement park.

“If you win, ultimately you foreclose on the mechanic’s lien and you’d have a claim to the property,” Futch said. “If you get a judgment, you can actually request the sheriff to sell the property.”

“Obviously, that’s not going to happen here,” Futch said. “Somebody’s going to pay the claim.”

Futch said the practice is “typical in the construction industry.”

“It doesn’t matter who it is, we’re going to get paid,’ Futch said.

Attempts to reach a Disneyland spokesman for comment were unsuccessful.

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