Legal Opinion
United States Fid. & Guar. Co. v. OAK GROVE UNION SCH. DIST. OF SONOMA CTY.
California Court of Appeal
Decided June 28, 1962No. Civ. 20188PublishedCited by 14 opinions
1Opinion of the CourtBray, P. J.
Defendant school district appeals from a judgment in favor of plaintiff for $7,988.40 and interest from December 10, 1957.
Questions Presented
1. (a) Is the contractor’s surety subrogated to the rights to foreclose a stop notice lien of laborers and materialmen whose claims the surety has paid? Yes.(b) Is filing of a claim with the school district a prerequisite to this type of action? No.
2. (a) How may a stop notice be filed?(b) Were stop notices filed? Yes.
3. Did the district make a premature payment? Yes.
4. Did the surety, by the terms of its bond, waive its rights arising from a premature…
2Cases cited25 opinions
- Natural Soda Products Co. v. City of Los AngelesCalifornia Supreme Court · 1943
- Bloom v. BenderCalifornia Supreme Court · 1957
- Mock v. City of Santa RosaCalifornia Supreme Court · 1899
- Theisen v. County of Los AngelesCalifornia Supreme Court · 1960
- In Re Estate of ElizaldeCalifornia Supreme Court · 1920
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Allstate Insurance v. OrlandoCalifornia Court of Appeal · 1968
- Leatherby Ins. Co. v. City of TustinCalifornia Court of Appeal · 1977
- Golden Eagle Insurance v. First Nationwide Financial Corp.California Court of Appeal · 1994
- Pacific Employers Insurance v. State of CaliforniaCalifornia Supreme Court · 1970
- Sunlight Electric Supply Co. v. McKeeCalifornia Court of Appeal · 1964
9 more not listed; retrieve them via the Exa API.