California Court of Appeal

In a breach of contract action, trial court judgment in favor of plaintiff-insurer is reversed where plaintiff was not entitled to attribute any of a particular loss to its other bond with defendant, and was thus not entitled to indemnity from defendant-contractor for either the sum paid to a supplier or for attorneys' fees it incurred in that action. Trial court's judgment for defendant in its action against subcontractor and plaintiff-insurer is amended so that plaintiff is jointly and severally liable for the attorney's fee award as well as damages, as plaintiff was subcontractor's surety.

Appellate Information

• Decided 05/15/2009
• Published 05/15/2009

Judges

• ARMSTRONG, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Lanak & Hanna, Jennifer M. Schildbach and Francis J. Lanak, Santa Ana, for Defendants and Appellants., Wilson Elser Moskowitz Edelman & Dicker, John J. Immordino and Susannah M. Dudley, Los Angeles, for Plaintiffs and Respondents.