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TORO ENTERPRISES, INC. v. PAVEMENT RECYCLING SYSTEMS, INC.

No. B234627.

205 Cal.App.4th 954 (2012)

140 Cal. Rptr. 3d 264

TORO ENTERPRISES, INC., Cross-complainant and Respondent, v. PAVEMENT RECYCLING SYSTEMS, INC., Cross-defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

As modified May 1, 2012.

Attorney(s) appearing for the Case

Hunter, Molloy & Salcido, John Logan Hunter and David A. Delgado , for Cross-defendant and Appellant.

Haffner, Haffner & Kirwin, Matthew M. Haffner and Brian S. Dewey , for Cross-complainant and Respondent.

OPINION

GILBERT, P. J.—

Here two provisions in a construction contract demonstrate that the greater does not always include the lesser. Subcontractor Pavement Recycling Systems, Inc. (Pavement), appeals from an order denying its motion for attorney's fees after it prevailed against general contractor Toro Enterprises, Inc. (Toro), on a cross-complaint for contractual indemnity. We reverse because Pavement was entitled to recover its attorney...

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