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PACIFIC EMPLOYERS INS. CO. v. STATE OF CALIFORNIA

Docket No. L.A. 29749.

3 Cal.3d 573 (1970)

477 P.2d 129

91 Cal. Rptr. 273

PACIFIC EMPLOYERS INSURANCE COMPANY, Plaintiff and Appellant, v. STATE OF CALIFORNIA, Defendant and Respondent.

Supreme Court of California. In Bank.

December 1, 1970.

Attorney(s) appearing for the Case

COUNSEL

Luce, Forward, Hamilton & Scripps, J. Mark Rhoads and Robert G. Steiner for Plaintiff and Appellant.

Thomas C. Lynch, Attorney General, Walter S. Rountree, Assistant Attorney General, David B. Stanton, Paul J. Richmond, James L. Markman and Charles R. Kocher, Deputy Attorneys General, for Defendant and Respondent.

OPINION

BURKE, J.

The controlling issue in this action by plaintiff insurance comany is whether its complaint against the state for money paid out on a labor and material bond furnished on a public works contract states a cause of action when it fails to recite that statutory stop notices or verified claims were filed. The trial court sustained a general demurrer to the complaint with leave...

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