Procedural Posture

May 18, 2021 Off By Glespynorson

Plaintiff contractor appealed the decision of the Superior Court of Los Angeles County (California), which granted defendant City of Los Angeles’ motions to exclude evidence, for summary judgment, and for judgment on the pleadings and ordered a nonsuit in the contractor’s action for breach of the contract he was awarded under Cal. Sts. & High. Code §§ 5000 et seq.

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Under a contract with the city, the contractor constructed sidewalks, curbs, driveways, and a roadway but on completion, the city refused to accept the work and refused to compensate him until he made certain repairs. The contractor sought to recover for the cost of the repairs but was dismissed. On appeal, the court reversed. The court found the contractor stated a cause of action. Under §§ 5360-5365, the city had a duty to prepare an assessment and submit it to the city clerk once the contractor complied with the contract and its failure to do so constituted a breach of its duty under the contract. Because the contractor would not receive compensation until he did the repairs, the court found he was not a volunteer not entitled to compensation. The court also found that the contractor’s breach of contract action did not fit under the appeal provision, § 5366, because that appeal procedure related to the appeal of the city’s assessment, which in this case the city refused to do until after the repairs were done.


The court reversed the trial court’s dismissal of the contractor’s breach of contract action against the city.