N v. Heathorn, Inc. v. County of San Mateo

Opinion

RUVOLO, J.

I

Introduction

In this action, plaintiff N.V. Heathorn, Inc. (Heathorn), an unpaid subcontractor on a public project, sought to hold defendant County of San Mateo (the County) liable after it discovered that the County failed to obtain a payment bond from the bankrupt general contractor as required by Civil Code section 3247. Heathorn appeals from a judgment of dismissal entered after the trial court sustained the County’s demurrer without leave to amend. We reverse, finding the injury resulting from a public entity’s failure to discharge its statutory duty to obtain a payment…