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GOLDEN EAGLE INS. CO. v. FIRST NATIONWIDE FIN. CORP.

Docket Nos. A063545, A062789.

26 Cal.App.4th 160 (1994)

31 Cal. Rptr.2d 815

GOLDEN EAGLE INSURANCE COMPANY, Plaintiff and Appellant, v. FIRST NATIONWIDE FINANCIAL CORPORATION, Defendant and Respondent; GOLDEN EAGLE INSURANCE COMPANY, Plaintiff and Appellant, v. GDC/BROADMOOR/VALLEJO ASSOCIATES, Defendant and Respondent.

Court of Appeals of California, First District, Division Two.

June 27, 1994.

Attorney(s) appearing for the Case

COUNSEL

Capps, Staples, Ward, Hastings & Dodson and Michael Mee for Plaintiff and Appellant.

Lillick & Charles, James J. Ficenec and Richard Birnholz for Defendants and Respondents.

Daniel J. Modena and Edmund L. Regalia Amici Curiae on behalf of Defendants and Respondents.

OPINION

POLLAK, J.*

These are consolidated appeals from two summary judgments entered in the same action in favor of different parties with identical legal positions. The common issue presented is whether a surety on a construction payment bond who pays the claim of a subcontractor who had perfected a mechanics' lien on the improved property may by subrogation acquire the right to enforce the mechanics...

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