Swinerton & Walberg Co. v. City of Inglewood-Los Angeles County Civic Center Authority

Cross-complainant, Argo Construction Co., Inc. (Argo), appeals from a judgment (Code Civ. Proc., § 58Id) dismissing, pursuant to Code of Civil Procedure section 581, subdivision 3, Argo’s cross-action against cross-defendants, City of Inglewood-Los Angeles County Civic Center Authority (Authority), City of Inglewood (City), County of Los Angeles (County), and Swinerton & Walberg Co. (Swinerton). The dismissal of Argo’s cross-action followed the sustaining, without leave to amend, of the general demurrers of the Authority, the City, and Swinerton to Argo’s cross-complaint and answer, the striking of these pleadings and the entry of Argo’s default as to the Authority and the City’s cross-complaint.

Argo, the lowest monetary bidder on a public works contract awarded by the Authority, in its cross-complaint against the Authority, the City, the County and Swinerton, the second lowest monetary bidder and the recipient of the contract, alleged against the public entities three causes of action—the first in tort for breach of statutory duty, the second in contract (promissory estoppel) and the third for declaratory relief. The last cause of action was pled against Swinerton as…