Southern California Acoustics Co. v. C. V. Holder, Inc.

Plaintiff appeals from a judgment of dismissal entered after a demurrer to its second amended complaint was sustained without leave to amend.

Plaintiff alleged that it is a licensed specialty subcontractor. On November 24, 1965, it submitted by telephone to defendant C. V. Holder, Inc., a general contractor, a subcontract' bid in the amount of $83,400 for the furnishing and installation of acoustical tile on a public construction job. Later that day Holder submitted a bid for the prime contract to codefendant Los Angeles Unified School District. As1 required by law, Holder listed the subcontractors who would perform work on the project of a value in excess of one-half of one percent of the total bid. 1 Holder listed plaintiff as the *722 acoustical tile subcontractor. Holder was subsequently awarded the prime contract for construction of the. facility and executed a written contract with the school district on December 9, 1965. A local trade newspaper widely circulated among subcontractors reported that Holder had been' awarded the contract and included in its report the names of' the subcontractors listed in Holder’s bid. Plaintiff read the report and, acting on the assumption…