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WALT RANKIN & ASSOCIATES v. CITY OF MURRIETA

No. E024139.

95 Cal.Rptr.2d 893 (2000)

80 Cal.App.4th 1255

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

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

Rehearing Granted June 13, 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.

Rehearing Granted June 13, 2000. See 101 Cal.Rptr.2d 48.

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...

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