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WALT RANKIN & ASSOCIATES v. CITY OF MURRIETA

No. E024139.

101 Cal.Rptr.2d 48 (2000)

84 Cal.App.4th 605

WALT RANKIN & ASSOCIATES, INC., Plaintiff and Appellant, v. CITY OF MURRIETA, Defendant and Respondent.

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

October 31, 2000.

Attorney(s) appearing for the Case

Ashley, Brady & Cerniglia and Sam J. Cerniglia, San Diego, for Plaintiff and Appellant.

Harper & Burns and John R. Harper, Orange, for Defendant and Respondent.

Bill Lockyer, Attorney General, Richard W. Bakke, Supervising Deputy Attorney General, Leslie Branman Smith and Gregory S. Price, Deputy Attorneys General, for J. Clark Kelso, Acting Insurance Commissioner, as Amicus Curiae.

OPINION

HOLLENHORST, J.

In an action by a subcontractor for negligent breach of a mandatory duty against the City of Murrieta ("City"), the trial court entered judgment for the City. The subcontractor appeals, contending the trial court erred in finding the City did not have a mandatory duty to require the surety providing a payment bond under Civil Code sections 3247 and 32481 to be an admitted surety insurer or to confirm the...

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