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CALIFORNIA PAVING & GRADING CO., INC. v. LINCOLN GENERAL INS. CO.

No. B228930.

206 Cal.App.4th 36 (2012)

141 Cal. Rptr. 3d 405

CALIFORNIA PAVING & GRADING CO., INC., Plaintiff and Appellant, v. LINCOLN GENERAL INSURANCE COMPANY, Defendant and Respondent.

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

May 21, 2012.

Attorney(s) appearing for the Case

Gill and Baldwin, Kirk S. MacDonald and Stanley Haren , for Plaintiff and Appellant.

Lewis Brisbois Bisgaard & Smith, Raul L. Martinez , Mark A. Oertel and Julissa Galvan for Defendant and Respondent.

OPINION

KLEIN, P. J.—

Plaintiff and appellant California Paving & Grading Co., Inc. (hereafter, Paving or plaintiff), a subcontractor, appeals a judgment of dismissal following the sustaining without leave of a demurrer interposed by defendant and respondent Lincoln General Insurance Company (Lincoln) to Paving's second amended complaint seeking recovery on a payment bond.

The...

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