Jack Davis Painting Co. v. Eller Enterprises, Inc.

In its complaint, filed on February 4, 1981, plaintiff, Jack Davis Painting Co., Inc., asserted a claim for the balance due it as a subcontractor. Named as defendants were the prime contractor, Eller Enterprises, Inc., and “John Doe Surety Company (real name and address unknown).” The complaint alleged that Eller had refused to provide plaintiff with the name and address of the surety company which provided a performance bond to Eller, and that plaintiff would seek to amend its complaint when that information was discovered. Written interrogatories, directed to Eller and seeking that…