Vigil

I.

INTRODUCTION

Cross-complainants Juan C. Vigil and Belinda L. Vigil appeal from a judgment in

favor of cross-defendant Wesco Insurance Company (Wesco), entered after the trial court

sustained Wesco's demurrer to the Vigils' cross-complaint without leave to amend.

Wesco, a construction license surety, issued a bond to a construction company with

which the Vigils were engaged in a dispute. The trial court concluded that the allegations

in the Vigils' cross-complaint failed to state a cause of action against Wesco, because the

alleged default of Wesco's principal occurred prior to Wesco's issuance of the bond. On

appeal, the Vigils contend that the trial court abused its discretion in failing to grant them

leave to amend with respect to Wesco. The Vigils assert that they could amend their

cross-complaint in two different ways in order to state a viable claim against Wesco. We

affirm the trial court's judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

According to the Vigils' cross-complaint, they entered into a contract with Houle

Construction, Inc. (Houle) in December 2011 for construction services at the Vigils'

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