George F. Kennedy, Inc. v. Miles & Sons Construction Division

Opinion

COUGHLIN, J.

Defendant, a prime contractor on a state highway project, appeals from a judgment in favor of plaintiff, a supplier of tires and tire services, in an action following stop notice proceedings pursuant to Code of Civil Procedure sections 1190.1 and 1192.1.

We reverse upon the ground the evidence is insufficient as a matter of law to support material findings. Determinative of the appeal is the lack of any substantial evidence establishing (1) Fratiano Trucking Company, the recipient of plaintiff’s tires and tire services, was a subcontractor under defendant as distinguished…