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SCOTT CO. OF CAL. v. U.S. FIDELITY & GUAR. INS. CO.

No. H022467.

132 Cal.Rptr.2d 89 (2003)

107 Cal.App.4th 197

SCOTT CO. OF CALIFORNIA, Plaintiff and Appellant, v. UNITED STATES FIDELITY & GUARANTY INSURANCE COMPANY, et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

Review Denied July 16, 2003.

Attorney(s) appearing for the Case

McInerney & Dillon and Timothy F. Winchester and Jewell J. Hargleroad, Oakland, for Appellant.

Morgenstein & Jubelirer and Eliot S. Jubelirer, Rocky N. Unruh, Bruce A. Wagman, San Francisco, for Respondent American Insurance Company.

The Banchero Law Firm and E. Jeffery Banchero and Robert M. Lichtman, San Francisco, for Respondents United States Fidelity & Guaranty Insurance Company and Aetna Casualty and Surety Company.

ELIA, J.

This is the second appeal arising from a subcontractor's effort to recover damages for cost overruns in a public works project. After succeeding at trial against the general contractor, plaintiff Scott Co. of California (Scott) sought damages and attorney fees against the contractor's sureties on the payment bond. The trial judge denied the sureties' summary judgment motion, but a different judge granted the sureties' motion to reconsider and then granted...

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