Acoustics, Inc. v. Trepte Construction Co.

Statement of the Case

On April 9, 1964, plaintiff Acoustics, Inc. (hereafter Acoustics) filed its complaint in action number 836618, upon a stop notice and performance bond, against defendants Trepte Construction Co., Inc. (hereafter Trepte), Reliance Insurance Company, a corporation, Planet Insurance Company, a corporation, and the Department of Public Works of the State of California (hereafter State). Acoustics sought payment for the reasonable value of claimed extra work and materials furnished Trepte in connection with the construction of a classroom building on the campus of San Fernando Valley State College, Northridge, California, under a subcontract with Trepte. Trepte cross-complained against Steiny & Mitchell, Inc. (hereafter Steiny), and State, for a sum equal to any judgment rendered in favor of Acoustics against Trepte on Acoustics’ complaint on the stop notice and performance bond.

On April 29, 1964, Acoustics filed its action number 837741 against Steiny, General Insurance Company of America (hereafter General), and State, on the stop notice and performance bond, seeking recovery for the reasonable value of labor and materials claimed to have been…