Reiter

Reiter v. C.Martin Co. CA1/2

Good Law
Court of Appeal of CaliforniaApril 7, 2015A141477California4,928 words

Opinion

Opinion

BACKGROUND

On May 3, 2013, represented by attorney Mark Clausen, Reiter filed a complaint in the Mendocino County Superior Court naming three defendants: “Gilbert Duran, individually and dba Duran Construction; Becky Duran; and C. Martin Corporation.” Under “General Allegations,” the complaint alleged in pertinent part as follows: “7. On or about February 7, 2013, plaintiff and DURAN entered into a written contract, a true copy of which is attached as exhibit 1. The core terms of the contract called for DURAN to install a 450 feet sewer line and 2 manholes on a 4 lot minor subdivision in Covelo, California. DURAN was to obtain the necessary permits and approvals for the required excavation of the property and installation of the sewer line and manholes. DURAN was to be paid a total of $49,500—$24,750 up front, with 2 additional payments of $12,375 upon completion of specified work due under the contract.

1 “8. DURAN knew the subdivision is located adjacent to Indian tribal land and that the sewer line called for by the contract requires entry on and excavation of Indian tribal land, such that both tribal and Mendocino County permits and approval are needed to complete the work…

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