Murrish

This appeal concerns the timeliness of appellant-claimant’s 90-day notice to a payment bond surety pursuant to Civil Code section 3091. The trial court determined that the required notice was untimely and granted judgment on the pleadings in favor of defendant. We affirm for the reasons stated.

Procedural Background

The relevant procedural background reveals the following: On September 14, 1981, appellant Murrish and R & D Watson, Inc., (hereafter Watson Company) entered into a contract whereby Watson Company would remove dirt from appellant’s land for use in a public work project. The complaint alleged that prior to October 30, 1981, Watson Company completed the contract, paid plaintiff, and “the contract did become fully executed and at an end”; that on or about October 30, 1981, Watson Company requested but was denied permission to remove additional dirt from appellant’s land; that thereafter Watson Company trespassed on appellant’s property and wrongfully converted some 11,670 additional cubic yards of dirt-fill for use in the public project.

On December 10, 1982, appellant served a preliminary bond notice on Watson Company and respondent Industrial Indemnity…