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Walt Rankin & Associates, Inc. v. City of Murrieta (2000), California Court of Appeals. Justia › US Law › Case Law › California Case Law › Cal. App. 4th › Volume 84 › Walt Rankin & Associates, Inc. v. City of Murrieta (2000) Walt Rankin & Associates, Inc. v. City of Murrieta (2000) [No. E024139. Fourth Dist. Div. Two. Oct. 31, 2000.] WALT RANKIN & ASSOCIATES, INC., Plaintiff and Appellant, v. CITY OF MURRIETA, Defendant and Respondent. (Superior Court of Riverside County, No. CIV277293, Victor Miceli, Judge.) (Opinion by Hollenhorst, J., with Ramirez, P. J., and Gaut, J., concurring.) Ashley, Brady & Cerniglia and Sam J. Cerniglia for Plaintiff and Appellant. Harper & Burns and John R. Harper for Defendant and Respondent. Bill Lockyer, Attorney General, Richard W. Bakke, Leslie Branman Smith and Gregory S. Price, Deputy Attorneys General, for J. Clark Kelso, Acting Insurance Commissioner, as Amicus Curiae. [84 Cal. App. 4th 609] In an action by a subcontractor for negligent breach of a mandatory duty against the City of Murrieta (City), the trial court entered judgment for the City. The subcontractor appeals, contending the trial court erred in finding the City did not have a mandatory duty to require the surety providing a payment bond under Civil Code sections 3247 and [84 Cal. App. 4th 610] 3248 fn. 1 to be an admitted surety insurer or to confirm the sufficiency of the surety prior to accepting the bond. The resolution of this appeal requires us to determine several issues of first impression, including: (1) must the statutory scheme under sections 3247 and 3248, requiring a payment bond as a condition of being awarded a contract by a public entity, be construed with reference to the Bond and Undertaking Law, Code of Civil Procedure section 995.010 et seq; and (2) if so, do those sections construed together impose a mandatory duty under Government Code section 815.6 on a government entity awarding a public contract to take certain measures to ensure the payment bond surety is a sufficient admitted surety insurer under Code of Civil Procedure 995.310. We answer these questions in the affirmative and reverse the judgment of the trial court. Other issues will be addressed in this opinion as they arise.
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