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California Court of Appeal


Performance Plastering v. Richmond Am. Homes of Cal., Inc., C052768

In case involving contract dispute between home builder, a subcontractor, and the subcontractor's insurer, regarding alleged violation of El Nino and Air Design settlement agreements, sustaining of demurrer based on plaintiff subcontractor being a suspended corporation and insurer lacking standing is reversed where the insurer was a party to the Air Design settlement agreement and was a third party beneficiary of the El Nino settlement agreements.

Appellate Information

  • Decided 07/24/2007
  • Published 07/24/2007

Judges

  • ROBIE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Farmer, Murphy, Smith & Alliston, Murphy, Campbell, Guthrie & Alliston, George E. Murphy, Suzanne M. Nicholson, Sacramento;  Mackenroth & Laird, Ralph E. Laird for Plaintiffs and Appellants and Defendants and Appellants., Payne & Fears, Scott S. Thomas, Irvine, J. Kelby Van Patten, Sean T. Nguyen, Irvine, for Defendants and Respondents and Plaintiffs and Respondents.
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