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BLACK DIAMOND ASPHALT v. SUPERIOR COURT

No. C042523.

7 Cal.Rptr.3d 466 (2003)

114 Cal.App.4th 109

BLACK DIAMOND ASPHALT, INC., Petitioner, v. The SUPERIOR COURT of San Joaquin County, Respondent; Jesus Garcia Adames, Real Party in Interest.

Court of Appeals of California, Third District.

Review Denied March 24, 2004.

Attorney(s) appearing for the Case

Law Offices of Brunn & Flynn, Roger S. Matzkind and Michael G. Donovan, Modesto, for Petitioner.

No appearance for Respondent.

Gray, York & Duffy, Barry D. Brown, Redwood City, and Thomas Yen for Real Party in Interest.

SCOTLAND, P.J.

Jesus Garcia Adames, the owner of a truck, leased two trailers from Black Diamond Asphalt, Inc. (Black Diamond), a material supplier and trucking company, and contracted with Black Diamond to transport freight for the company. The contracts required Adames to maintain liability insurance naming Black Diamond as an additional insured, and to indemnify and hold it harmless for any liability arising out of Adames's performance of the contracts.

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