MERCO CONSTR. ENGR. v. LOS ANGELES UNIFIED SCH.

Docket No. 32044.

274 Cal.App.2d 154 (1969)

79 Cal. Rptr. 23

MERCO CONSTRUCTION ENGINEERS, INC., Plaintiff and Appellant, v. LOS ANGELES UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

June 19, 1969.


Attorney(s) appearing for the Case

Grant & Popovich and Irvin Grant for Plaintiff and Appellant.

John D. Maharg, County Counsel, and Ron Apperson, Deputy County Counsel, for Defendant and Respondent.

Henry B. Ely as Amicus Curiae on behalf of Defendant and Respondent.


KAUS, P.J.

Plaintiff appeals from a judgment which followed an order sustaining defendant's general demurrer to plaintiff's amended complaint without leave to amend.

The gravamen of plaintiff's action is that the defendant Los Angeles Unified School District of Los Angeles County ("District") acted illegally in assessing a $77,000 penalty against certain sums due plaintiff for the construction of the Crenshaw High School.

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