Dynalectric

BACKGROUND

Dynalectric was a respondent and Point Center was the appellant in Brewer Corp.,

supra, 223 Cal.App.4th 831, which concerned the liability of Point Center (the

construction lender) to Dynalectric (a construction contractor) on a bonded stop notice.

In Brewer Corp., Point Center contended the trial court erroneously ruled that as a matter

of law Dynalectric did not have to serve Point Center with a preliminary notice in order

to maintain a stop notice claim. (Id. at p. 848.) We concluded this legal ruling was error,

but also concluded the parties had not had a full and fair opportunity to litigate a

potentially dispositive factual issue of excuse for not serving a preliminary notice.

(Id at pp. 851, 853.) We therefore provisionally reversed the judgment in favor of

Dynalectric and remanded the matter for further proceedings on the excuse issue.

(Id. at p. 856.) The disposition portion of the opinion further stated: "If the trial court

finds in favor of Dynalectric on the existence of a factual excuse for not serving a

preliminary notice on [Point Center], the judgment in favor of Dynalectric is affirmed and

Dynalectric is to recover its costs on appeal.…