Insurance Co. of the West v. Engineered Systems and Construction CA4/1

Filed 2/26/13 Insurance Co. of the West v. Engineered Systems and Construction CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

INSURANCE COMPANY OF THE WEST, D059661

Plaintiff, Cross-defendant and Respondent, (Super. Ct. No. 37-2008-00088812- v. CU-BC-CTL)

ENGINEERED SYSTEMS AND

CONSTRUCTION, INC.,

Defendants, Cross-complainants and Appellants.

APPEAL from a judgment of the Superior Court of San Diego County, Joel

Pressman, Judge. Reversed.

A public entity typically requires a successful bidding contractor to obtain a

performance bond to ensure the work will be fully performed. To obtain this bond, the

contractor must generally enter into an indemnity contract with a surety in which the

surety agrees to…