Varco-Pruden, Inc. v. Hampshire Construction Co.

Opinion

BRAY, J. *

Plaintiff appeals from summary judgment of the Monterey County Superior Court in favor of defendant.

Issues Presented

1) The pertinent contracts do not provide that plaintiff indemnify defendant for the expenditures in question.

2) Defendant’s declaration does not establish that plaintiff subsequently assumed liability for the cost of repairs.

3) Section 2509, subdivision (3), of the California Uniform Commercial Code is not applicable.

4) Varco-Pruden, Inc. is not entitled to attorney’s fees on this appeal.

Record

Plaintiff Varco-Pruden, Inc. (hereinafter “Vareo”) filed a complaint…