California Court of Appeal
California Paving & Grading Co., Inc. v. Lincoln General Insurance Co., B228930
In a paving subcontractor's suit against the surety on a labor and material payment bond that the project developer had filed with a city, the trial court's judgment of dismissal in favor of the surety is affirmed, where: 1) the subcontract was for a work of improvement contracted for by a public entity, and thus the action was governed by the statutory scheme pertaining to payment bonds for public works; and 2) the plaintiff failed to allege it duly served the city with a preliminary 20-day notice before filing suit on the bond, as required by Civil Code sections 3098 and 3252.
Appellate Information
- Decided 05/21/2012
- Published 05/21/2012
Judges
- Klein
Court
- California Court of Appeal
Counsel
- For Appellant:
- Gill and Baldwin, Lewis Brisbois Bisgaard & Smith