Murrish v. Industrial Indemnity Co.

Opinion

RACANELLI, P. J.

This appeal concerns the timeliness of appellant-claimant’s 90-day notice to a payment bond surety pursuant to Civil Code section 3091. The trial court determined that the required notice was untimely and granted judgment on the pleadings in favor of defendant. We affirm for the reasons stated.

Procedural Background

The relevant procedural background reveals the following: On September 14, 1981, appellant Murrish and R & D Watson, Inc., (hereafter Watson Company) entered into a contract whereby Watson Company would remove dirt from appellant’s land for use in a public…