Hill
Hill v. City of Clovis
Opinion
Opinion
Dibiaso, J.
This appeal arises out of a dispute about developer fees between plaintiff and cross-defendant N.T. Hill (Hill) and defendant and cross-complainant City of Clovis (Clovis). In the trial court, Hill claimed that Clovis owed Hill money and had waived its right to fees related to certain road improvements. The trial court granted summary adjudication (Code Civ. Proc., § 437c) in favor of Clovis. Thereafter, Hill, Clovis and cross-defendant Developers Insurance Company (Developers), the surety on Hill’s performance bond, stipulated to the judgment from which Hill and Developers now appeal. We will dismiss the appeal because the stipulated “judgment” did not dispose of all the causes of action at issue between the parties under the complaint and cross-complaint and therefore was not a final, appealable judgment.
Statement of Case and Facts
On February 5, 1990, Clovis entered into a “Subdivision Agreement” for tract No. 4154 with subdivider William R. Tatham, Jr. In relevant part, this agreement provided, in paragraph 6(d): “Subdivider shall construct the center 32 feet of permanent paving plus median island with landscaping and irrigation on Temperance Avenue from the north…