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KALFOUNTZOS v. HARTFORD FIRE INS. CO.

Docket No. C019445.

37 Cal.App.4th 1655 (1995)

44 Cal. Rptr. 714

NIKIFOROS P. KALFOUNTZOS, Cross-complainant and Appellant, v. HARTFORD FIRE INSURANCE COMPANY, Cross-defendant and Respondent.

Court of Appeals of California, Third District.

August 30, 1995.

Attorney(s) appearing for the Case

COUNSEL

John S. Sargetis for Cross-complainant and Appellant.

Kenney, Burd & Markowitz and Mark O. Rorem for Cross-defendant and Respondent.

OPINION

NICHOLSON, Acting P.J.

A subcontractor on a public works project sued the general contractor for money claimed due. The subcontractor also sued the surety on the contractor's payment- and stop-notice release bonds. At trial, the subcontractor asserted the surety could not raise the contractor's defenses and setoffs because the contractor was in corporate suspense because of...

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