Tri-State, Inc. v. Long Beach Community College District

*226 Opinion

—Tri-State, Inc. (Tri-State), appeals a judgment dismissing its complaint against Long Beach Community College District (the District). The judgment awards the District $10,974 in attorney fees as costs pursuant to Civil Code section 3186. Tri-State contends Civil Code section 3186 does not authorize an attorney fee award in favor of a public entity against a stop notice claimant. We agree and therefore will reverse the fee award and otherwise affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Tri-State, doing business as Journey Electrical Technologies, performed work as a subcontractor on a construction project owned by the District. Taisei Construction Corporation (Taisei) was the general contractor. Tri-State delivered a stop notice to the District in August 2009 stating that $1,134,998.06 of the total contract price of $6,504,714.45 remained unpaid and was due and owing.

Tri-State filed a complaint against Taisei, the District and others in March 2010 alleging counts against the District for (1) the reasonable value of labor and materials furnished and (2) enforcement of the stop notice. Tri-State also alleged several other counts against Taisei and…