DeSilva Gates Construction v. M. Bumgarner, Inc.















Filed 8/2/10 DeSilva Gates Construction v. M. Bumgarner,
Inc. CA1/2









NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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.







IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST
APPELLATE DISTRICT



DIVISION
TWO




>

DESILVA GATES CONSTRUCTION, L.P., Cross-complainant and Appellant, v. M. BUMGARNER, INC., Cross-defendant and Respondent.

A122576 (Alameda County Super. Ct. Nos. VG-03-134125, VG-03-122358, VG-04-140656)

INTRODUCTION

DeSilva
Gates Construction, L.P. (DeSilva Gates) appeals from a determination of the
Alameda County Superior Court, following a jury
trial, that subcontractor M. Bumgarner, Inc. (MBI) owed DeSilva Gates
neither a duty to defend nor a duty to indemnify under the terms of the
subcontract between the two. DeSilva
Gates and others had been sued by Ramona Schlicker and other plaintiffs for
personal injuries and other damages plaintiffs had sustained in two separate
automobile accidents occurring in February 2003 on Interstate 580. The central question presented here is
whether the trial court properly allowed the jury to determine whether the
plaintiffs' claims â€