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SESSIONS PAYROLL MANAGEMENT v. NOBLE

No. B128565.

101 Cal.Rptr.2d 127 (2000)

84 Cal.App.4th 671

SESSIONS PAYROLL MANAGEMENT, INC., Plaintiff and Appellant, v. NOBLE CONSTRUCTION COMPANY, INC., Defendant and Appellant.

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

October 31, 2000.

Attorney(s) appearing for the Case

Cohon and Gardner, Steven H. Gardner, Jeffrey M. Cohon, Los Angeles; Law Offices of Philip A. Metson and Philip A. Metson, Los Angeles, for Plaintiff and Appellant.

Norman, Dowler, Sawyer, Israel, Walker & Barton and Michael G. Walker, Ventura, for Defendant and Appellant.

KITCHING, J.

INTRODUCTION

Plaintiff Sessions Payroll Management, Inc. ("Sessions") did not sign and was not a party to a written contract between defendant general contractor Noble Construction Company, Inc. ("Noble") and David Mackey Drywall ("Mackey"). The Noble-Mackey contract provided that the prevailing party in an action to enforce the contract would receive attorney fees. After sustaining a demurrer...

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