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NISSHO OF CALIFORNIA, INC. v. BOND SAFEGUARD INS. CO.

No. E052746.

220 Cal.App.4th 974 (2013)

163 Cal. Rptr. 3d 575

NISSHO OF CALIFORNIA, INC., Plaintiff and Appellant, v. BOND SAFEGUARD INSURANCE COMPANY, Defendant and Appellant.

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

October 22, 2013.

Attorney(s) appearing for the Case

Mordy Law Offices and Christopher R. Mordy for Plaintiff and Appellant.

Voss, Cook & Thel, Francis T. Donohue III, Jessica T. Elmassian; Harris Beach and Bruce L. Maas for Defendant and Appellant.

Robins, Kaplan, Miller & Ciresi, David C. Veis and Laura P. Nash for The Surety & Fidelity Association of America as Amicus Curiae on behalf of Defendant and Appellant.

OPINION

MILLER, J. —

Prior to entering into a subdivision improvement agreement (SIA) with the City of Palm Springs (City) for the development of a private residential community called the Avalon Palm Springs Village project (Avalon), Suncal PSV, LLC (Suncal), the owner of the property in a joint venture partnership with Lehman Brothers, obtained a maintenance and warranty bond,...

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