Sampson

FACTS AND PROCEDURAL BACKGROUND

The County of Orange contracted with TRG to rehabilitate and expand a county facility. In turn, TRG entered into an agreement with plaintiff to perform electrical work on the project. The electrical subcontract contained a clause authorizing TRG to recover attorney fees in any action on the agreement. A dispute arose over the amount owed to plaintiff for his work on the project. In March 2010, plaintiff served the County with a stop notice, claiming over $202,000 under the electrical subcontract. He also sued TRG, Richardson, and others on the subcontract. The complaint alleged Richardson was personally liable for TRG’s actions under an alter ego theory. Richardson subsequently moved for summary judgment. The trial court granted the motion and dismissed him from the action. In September, TRG filed a declaratory relief action against plaintiff claiming the amount sought in his stop notice was excessive. (The Richardson Group, Inc. v. Sampson (Super. Ct. Orange County, 2010, No. 30-2010-00411946.) The trial court ruled the declaratory relief action was procedurally defective. Later, TRG voluntarily dismissed this action.

2 It then filed a second…