California Paving & Grading Co. v. Lincoln General Insurance

Opinion

KLEIN, P. J.

Plaintiff and appellant California Paving & Grading Co., Inc. (hereafter, Paving or plaintiff), a subcontractor, appeals a judgment of dismissal following the sustaining without leave of a demurrer interposed by *38defendant and respondent Lincoln General Insurance Company (Lincoln) to Paving’s second amended complaint seeking recovery on a payment bond.

The essential issue presented is whether the instant contract was for public work or for private work. The proper characterization of the nature of the contract determines whether this action is governed by Civil Code section…