Southgate Recreation & Park District v. California Ass'n for Park & Recreation Insurance
Opinion
Opinion
Davis, J.
Southgate Recreation and Park District (Southgate) appeals from a summary judgment and from a postjudgment order of attorney fees in favor of California Association for Park and Recreation Insurance (CAPRI). CAPRI is a joint powers authority that administers a liability risk-pooling arrangement on behalf of its approximately 60 park and recreation member districts. We consolidated the two appeals.
The trial court found that CAPRI did not have to defend or indemnify Southgate against lawsuits filed by unpaid subcontractors on the Wildhawk Golf Course construction project undertaken by Southgate. We agree and shall affirm the judgment in the published parts of our opinion.
In the unpublished portions of our opinion we conclude the trial court did not err in denying Southgate’s request to continue the summary judgment hearing. Additionally, for separate reasons, Justice Blease and I hold that the trial court did err in awarding CAPRI its attorney fees. Consequently, we shall reverse the attorney fee order. Justice Morrison would affirm the award of attorney fees.
Background
In June 1996, Southgate contracted with Flint Construction (Flint), a general contractor, to build…