California Court of Appeal

In this case involving an underlying dispute between defendant-contractor and plaintiff school district about a construction project that the contractor did not complete, plaintiff attempted (after a hiring a replacement contractor to complete the work and while its litigation with defendant was pending) to withdraw funds from an escrow account in which it had deposited “retention.” The district court’s order denying defendant’s motion for a preliminary injunction to prevent that withdrawal is affirmed, where a public project owner need not wait for judicial resolution of the underlying contract dispute before it can withdraw retention funds.

Appellate Information

• Decided 12/22/2014
• Published 12/22/2014

Judges

• Stewart

Court

• California Court of Appeal

Counsel