Pacific Employers Insurance Co. v. California

The controlling issue in this action by plaintiff insurance company is whether its complaint against the state for money paid out on a labor and material bond furnished on a public works contract states a cause of action when it fails to recite that statutory stop notices or verified claims were filed. The trial court sustained a general demurrer to the complaint with leave to amend. Plaintiff declined to amend, and appeals from the judgment of dismissal which ensued. As will appear, we have concluded that the trial court correctly determined that the complaint did not state a cause of action, and that the judgment should be affirmed.