Cast In Place Construction, Inc. v. Hamilton Co. 1, LLC CA2/1

BACKGROUND

The appellate record consists of a clerk’s transcript and appendices filed by the interveners. It does not include a reporter’s transcript of the trial or a statement of decision. Moreover, the clerk’s transcript, which conforms to Hamilton’s designation of the record, omits numerous documents that must have been filed in the case, including Hamilton’s answer to the operative second amended complaint. Accordingly, we recount the facts alleged in the operative complaint and exhibits thereto. Notably, the facts appear to be undisputed. CIP entered into a July 5, 2007 written subcontract with general contractor Pulsar Development to supply materials, equipment, and labor for the concrete work entailed in the construction of condominiums in Beverly Hills on land then owned by Springhouse Hamilton Park, LLC (SHP). From September 1, 2007, to July 31, 2008, CIP provided materials and equipment and performed labor. CIP paid its laborers and suppliers, but neither the general contractor nor the land owner paid $123,178 owed to CIP.

2 On October 3, 2007, CIP sent a “Preliminary 20-Day Notice” to Pulsar, SHP, and lender East West Bank by certified mail with return receipt…