Westcon Construction Corp. v. County of Sacramento

Good Law
152 Cal. App. 4th 183·2007 Cal. App. LEXIS 1002·61 Cal. Rptr. 3d 89
Court of Appeal of CaliforniaJune 6, 2007C050668California6,924 words

Opinion

Opinion

Hull, J.

Plaintiff, Westcon Construction Corporation (Westcon), appeals from a judgment of dismissal following a grant of summary judgment to defendant, County of Sacramento (the County). The trial court concluded Westcon’s claim for breach of contract stemming from a construction project was barred by Westcon’s failure to provide the County with notice of its claim within one year of accrual, as required by the Government Claims Act (Gov. Code, § 900 et seq.). Westcon contends the period for submitting a Government Claims Act claim was tolled while the parties attempted to resolve a related claim submitted by Westcon under the Public Contract Code. Westcon further contends it substantially complied with the claim-filing requirement of the Government Claims Act. We reject these contentions and affirm the judgment.

Facts and Proceedings

On review of an order granting summary judgment, we construe the evidence in the light most favorable to the opposing party. (Molko v. Holy Spirit Assn. (1988) 46 Cal.3d 1092, 1107 [ 252 Cal.Rptr. 122 , 762 P.2d 46 ].)

On August 15, 2000, the County awarded a contract to Westcon to construct a security fence at the Sacramento County Boys Ranch…

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