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CITY OF LOS ANGELES v. AMWEST SURETY INS. CO.

Docket No. B111189.

63 Cal.App.4th 378 (1998)

CITY OF LOS ANGELES, Plaintiff and Appellant, v. AMWEST SURETY INSURANCE COMPANY, Defendant and Respondent.

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

March 31, 1998.

Attorney(s) appearing for the Case

COUNSEL

James K. Hahn, City Attorney, Ronald Tuller, Assistant City Attorney, and Fay A. Chu, Deputy City Attorney, for Plaintiff and Appellant.

Busch & Berger and Stanley Haren for Defendant and Respondent.

OPINION

BARON, J.

(1) In this case we are called on to resolve the issue of whether and under what circumstances a developer's failure to commence construction of subdivision improvements will relieve a surety of its obligation to pay for such improvements under a performance bond. We conclude that where the local governing authority does not revoke the final subdivision map or cause the parcel to revert to acreage and...

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