CLACK v. ST. OF CALIFORNIA EX REL. DEPT. PUB. WKS

Docket No. 11948.

275 Cal.App.2d 743 (1969)

80 Cal. Rptr. 274

JAMES B. CLACK. Plaintiff and Appellant, v. THE STATE OF CALIFORNIA EX REL. DEPARTMENT OF PUBLIC WORKS, Defendant and Respondent; COUNTY OF BUTTE, Intervener and Respondent.

Court of Appeals of California, Third District.

August 20, 1969.


Attorney(s) appearing for the Case

Dinkelspiel & Dinkelspiel, John F. Taylor and Gary J. Shapiro for Plaintiff and Appellant.

Harry S. Fenton, Benjamin Hagan, Jr., John D. Reynen, Kingsley T. Hoegstedt and Orrin T. Finch for Defendant and Respondent.

George P. Kading, County Counsel, for Intervener and Respondent.


FRIEDMAN, Acting P.J.

This is a breach of contract action against the state growing out of disputes over performance of a highway construction project. Plaintiff sues both as a subcontractor and as assignee of the general contractor. The trial court denied plaintiff's motion for leave to amend his complaint and granted the state's motion for judgment on the pleadings. Plaintiff appeals from the ensuing judgment.

[1] The complaint seeks damages...

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