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SCHMITT v. TRI COUNTIES BANK

No. C028478.

83 Cal.Rptr.2d 257 (1999)

70 Cal.App.4th 1234

William SCHMITT et al., Plaintiffs and Respondents, v. TRI COUNTIES BANK, Defendant and Appellant.

Court of Appeals of California, Third District.

March 26, 1999.

Attorney(s) appearing for the Case

John P. Dunlap, Bruce L. Belton, Redding, David R. Mazzi, Irvine, Bothel & Long, and Peter Brian Bothel, San Francisco, for Defendant and Appellant.

Carr, Kennedy, Peterson & Frost, Robert M. Harding, Bandell & Swanson and Leonard Bandell, Redding, for Plaintiffs and Respondents.

CALLAHAN, J.

Northstate Asphalt, Inc. (Northstate), a corporation owned by William and James Schmitt (the Schmitts), installed site improvements at the Sylvan Trails subdivision in Shasta County. Northstate was not paid for the work. It sued defendant Tri Counties Bank (TCB), successor in interest to the construction lender, as well as the developer and others, for breach of contract and to foreclose on a mechanics' lien. TCB appeals from the judgment entered in favor...

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