Shephard Mechanical Contractors v. Circo System Balance CA3

Filed 8/26/13 Shephard Mechanical Contractors v. Circo System Balance CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

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SHEPHARD MECHANICAL CONTRACTORS, INC., C069614

Cross-complainant, (Super. Ct. No. 05AS00595)

v.

CIRCO SYSTEM BALANCE, INC.,

Cross-defendant and Appellant,

ZURICH NORTH AMERICA,

Intervener and Respondent.

This dispute arises out of the construction of an Embassy Suites Hotel. When the owner of the hotel sued the general contractor for construction defects, the general contractor cross-complained against various subcontractors, including J & A Mechanical, Inc., the HVAC (heating, ventilation, and air conditioning) subcontractor. J & A Mechanical then filed a cross-complaint…