N v. Heathorn, Inc. v. County of San Mateo

I.

Introduction

In this action, plaintiff N.V. Heathorn, Inc. (Heathorn), an unpaid subcontractor on a public project, sought to hold defendant County of San Mateo (the County) liable after it discovered that the County failed to obtain a payment bond from the bankrupt general contractor as required by Civil Code section 3247. Heathorn appeals from a judgment of dismissal entered after the trial court sustained the County’s demurrer without leave to amend. We reverse, finding the injury resulting from a public entity’s failure to discharge its statutory duty to obtain a payment bond from the original contractor on a public project qualifies as an “injury” to support a cause of action under the Government Tort Claims Act. (See Gov. Code, § 815.6.)

II.

Facts and Procedural History

Because this is an appeal from a judgment of dismissal sustaining a demurrer without leave to amend, we accept as true all properly pleaded factual allegations in the complaint other than contentions, deductions, or conclusions of fact or law. (White v. Davis (1975) 13 Cal.3d 757, 765 [ 120 Cal.Rptr. 94 , 533 P.2d 222 ]; Serrano v. Priest (1971) 5 Cal.3d 584, 591 [ 96 Cal.Rptr. 601 , 487 P.2d…