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TESCO CONTROLS v. MONTEREY MECH. CO.

No. C042184.

21 Cal.Rptr.3d 751 (2004)

124 Cal.App.4th 780

TESCO CONTROLS, INC., Plaintiff, Cross-defendant and Respondent, v. MONTEREY MECHANICAL COMPANY, Defendant, Cross-complainant and Appellant; Fireman's Fund Insurance Company et al., Defendants and Appellants.

Court of Appeals of California, Third District.

Rehearing Denied December 22, 2004.

Attorney(s) appearing for the Case

McInerney & Dillon and Timothy L. McInerney, Oakland, for Defendants Cross-complainant and Appellants.

Jay-Allen Eisen Law Corporation, Jay-Allen Eisen, Sacramento, C. Athena Roussos; The Office of Michael L. Gums and Michael L. Gums for Plaintiff, Cross-defendant and Respondent.

OPINION ON REHEARING

NICHOLSON, J.

Plaintiff sought to recover money owed it on a contract under which it supplied electrical equipment for a public works project. Defendants claimed plaintiff was barred from recovering because it had waived its mechanic's lien rights up through a date when the funds should have been paid. By grant of summary adjudication, the trial court determined plaintiff's conditional...

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