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UNION ASPHALT, INC. v. PLANET INS. CO.

Docket No. B068332.

21 Cal.App.4th 1762 (1994)

27 Cal. Rptr.2d 371

UNION ASPHALT, INC., et al., Plaintiffs and Appellants, v. PLANET INSURANCE COMPANY, Defendant and Respondent.

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

January 26, 1994.

Attorney(s) appearing for the Case

COUNSEL

Gerald C. Weaver, Donley & McKenzie and William H. McKenzie for Plaintiffs and Appellants.

Knecht, Haley, Lawrence & Smith, Anne M. Bevington and John L. Condrey for Defendant and Respondent.

OPINION

GILBERT, Acting P.J.

Here we hold that Civil Code1 section 3267 does not preclude third tier subcontractors and material suppliers from a right of action on a payment bond.

FACTS

Riverglen Investments, Ltd., sought to develop a subdivision in the City of El Paso de Robles (the City). The subdivision agreement with the City required...

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