ALPHA v. TRAVELERS CAS. & SUR. CO.

No. D044616.

35 Cal.Rptr.3d 496 (2005)

133 Cal.App.4th 1319

ALPHA MECHANICAL, HEATING & AIR CONDITIONING, INC., Plaintiff and Respondent, v. TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

November 4, 2005.


Attorney(s) appearing for the Case

Watt, Tieder, Hoffar & Fitzgerald, Ali Salamirad, Robert C. Niesley, Irvine, and John A. Elworth for Defendant and Appellant.

McAteer & McAteer, Theresa C. McAteer and Christopher E. McAteer, San Diego, for Plaintiff and Respondent.


O'ROURKE, J.

Travelers Casualty and Surety Company of America (Travelers) appeals from a judgment in favor of respondent Alpha Mechanical, Heating and Air Conditioning, Inc, (Alpha) following a bench trial on Alpha's complaint seeking payment from Travelers as surety on a payment bond for R.A.S. Builders, Inc. (RAS). The parties had earlier settled a cross-complaint filed by RAS against Alpha, which RAS had dismissed with prejudice before trial. At trial on Alpha...

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