Legal Opinion
Westamerica Bank v. City of Berkeley
California Court of Appeal
Decided December 5, 2011No. A124238PublishedCited by 12 opinions
1Opinion of the Court
Opinion
RIVERA, J.
The City of Berkeley (the City) and Amtz Builders entered into a construction contract. Under the contract, the City was entitled to retain a percentage of the moneys earned by Amtz to ensure satisfactory completion of the work (the retention funds). As permitted by law, Amtz placed securities into escrow as a substitute for the retention funds. The terms of the escrow agreement are dictated by statute; they provide, among other things, that the City has the right to draw upon the securities if the contractor defaults, and that the escrow agent (here, Westamerica Bank (the…
2Cases cited22 opinions
- Cates Construction, Inc. v. Talbot PartnersCalifornia Supreme Court · 1999
- Lazar v. Hertz Corp.California Court of Appeal · 1999
- Cooper v. Leslie Salt Co.California Supreme Court · 1969
- Zalkind v. Ceradyne, Inc.California Court of Appeal · 2011
- Aragon-Haas v. Family Security Insurance ServicesCalifornia Court of Appeal · 1991
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3Cited by12 opinions
- Baldwin v. AAA Northern California, Nevada & Utah Insurance ExchangeCalifornia Court of Appeal · 2016
- Orlando Millenia, LC v. United Title Services of Utah, Inc.Utah Supreme Court · 2015
- Pittsburg Unified School District v. S.J. Amoroso Construction Co.California Court of Appeal · 2014
- Southern California Gas Co. v. FlanneryCalifornia Court of Appeal · 2014
- Michael Leslie Productions, Inc. v. City of Los AngelesCalifornia Court of Appeal · 2012
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