# Los Angeles City School District v. Tucker

> California Court of Appeal · June 11, 1929 · 99 Cal. App. 390

URL: https://www.frixlaw.com/law-library/cases/9864540

## Case

- **Full name:** LOS ANGELES CITY SCHOOL DISTRICT OF LOS ANGELES COUNTY, Plaintiff, v. LEWIS TUCKER Et Al., Defendants; PATTEN & DAVIES LUMBER COMPANY (A Corporation) Et Al., Cross-Complainants and Respondents; SOUTHERN SURETY COMPANY (A Corporation), Cross-Defendant and Appellant
- **Court:** California Court of Appeal
- **Decided:** June 11, 1929
- **Citations:** 99 Cal. App. 390; 278 P. 507; 1929 Cal. App. LEXIS 514
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Preston
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9864540

## Opinion text

THE COURT.
The petition for a rehearing is denied. .
Appellant contends in the petition • for a rehearing that the Noyes Marble & Tile Company, is not entitled to judgment because its stop notice was not filed in time. This point was not urged in the original briefs. There is, however, no merit in this contention. The Noyes Marble & Tile Company had thirty days after filing of notice of completion of contract within which to file its stop notice. (Bird v. American Surety Co., 175 Cal. 625 [ 166 Pac. 1009 ]; Hughes Mfg. Co. v. Hathaway, 174 Cal. 44 [ 161 Pac. 1159 ]; Simons Brick Co. v. Hetzel et al., 72 Cal. App. 1 [ 236 Pac. 657 ].)
The notice of completion was not filed until May 9, 1925, and said stop notice was filed June 8, 1925; therefore, the stop notice was in time and the surety is liable to Noyes Marble & Tile Company.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9864540. Public record. Not legal advice.