DENVER D. DARLING, INC. v. CONTROLLED CONST.

No. B135510.

108 Cal.Rptr.2d 213 (2001)

89 Cal.App.4th 1221

DENVER D. DARLING, INC., Plaintiff, Cross-Defendant and Appellant, v. CONTROLLED ENVIRONMENTS CONSTRUCTION, INC., et al., Defendants, Cross-Complainants and Appellants.

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

June 13, 2001.


Attorney(s) appearing for the Case

Snell & Wilmer, Richard A. Derevan and Steven T. Graham for Plaintiff, Cross-defendant and Appellant.

Millar, Hodges & Bemis, Richard W. Millar, Jr., and David A. St. Clair, Newport Beach, for Defendants, Cross-complainants and Appellants.


CHARLES S. VOGEL, P.J.

INTRODUCTION

Plaintiff Denver D. Darling, Inc., doing business as Darco Construction (Darco), a subcontractor, sued the general contractor, defendant Controlled Environments Construction, Inc. (Controlled) to recover the retention proceeds being withheld by Controlled. Darco also filed suit against Aetna Casualty & Surety Company of America (formerly Travelers' Insurance, referred to hereafter as Travelers), the surety on the statutory...

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