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POLIBRID COATINGS, INC. v. SUPERIOR COURT

No. G032459

6 Cal.Rptr.3d 7 (2003)

112 Cal.App.4th 920

POLIBRID COATINGS, INC., Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; SSC Construction, Inc., Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three

As Modified October 21, 2003.

Attorney(s) appearing for the Case

Pamela Dunn, Dunn Koes LLP, Pasadena, Mark Albert Mellor, Mellor Law Firm, Riverside, for Petitioner Polibrid Coatings, Inc.

No appearance for Respondent.

Lisa Anne Stolzy, Gresham Savage et al LLP, Riverside, Jordan Neal Gray, Lewis D'Amato et al LLP, San Bernardino, for Real Party in Interest KNK Painting & Coating, Inc.

David Lawrence Lynch, Robins Kaplan, Miller & Ciresi, LLP, Los Angeles, for Real Party in Interest Surety and Indemnity Company, Developers.

Bernard S. Kamine, Phyllis Ungerer, Los Angeles, for Real Party in Interest SSC Construction.

Thomas B. Wait, Wait & Childs, Claremont, for Real Party in Interest Carboline.

Robert A. Olson, Greines, Martin, Stein & Richland, Los Angeles, for Amicus Curiae Association of Southern California Defense Counsel on behalf of Petitioner.

OPINION

SILLS, P.J.

I

SSC Construction contracted with a water authority to build a water reclamation plant. It subcontracted with a painter, KNK Painting, to do the paint and waterproofing work. (Wastewater is apparently highly corrosive, so the interior coating of a tank must be good.) In October 2001 SSC sued KNK Painting for defective and dilatory work on the reclamation project.

More than 14 months later, in January 2003, KNK Painting...

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