Rubino v. Lolli

California Court of Appeal Aug 31, 1970 No. 12341Published

Before: Janes

AI Brief

AI-generated · verify before citing

Holding. The lowest responsible bidder on a state public works contract does not have a cause of action for money damages against the state or its officers for the wrongful rejection of their bid, as such officials are protected by statutory immunity for discretionary acts.

Issues

Does the lowest responsible bidder have a cause of action for money damages against the state for an abuse of discretion in awarding a public works contract?
Are state officials immune from liability for damages resulting from the exercise of discretion in awarding public contracts?

Disposition. affirmed

Quotations verified verbatim against the opinion

“competitive bidding statutes are not passed for the benefit of bidders but for the benefit and protection of the public.”

“the statutory immunities provided by sections 815.2 and 820.2 preclude any liability on respondents' part even if, as alleged, the director abused his discretion when he awarded the contract to plaintiffs' competitor.”

10 Cal.App.3d 1059 (1970) 89 Cal. Rptr. 320 FRANK RUBINO et al., Plaintiffs and Appellants,

ANDREW R. LOLLI, as Director, etc., et al., Defendants and Respondents.

Docket No. 12341. Court of Appeals of California, Third District.

August 31, 1970. [1061] COUNSEL

Richard E. Macey for Plaintiffs and Appellants.

Thomas C. Lynch, Attorney General, and Richard D. Martland, Deputy Attorney General, for Defendants and Respondents.

OPINION

JANES, J.

Plaintiffs appeal from a judgment dismissing their first cause of action against the State of California and the director of its Department of General Services after the general demurrer of those defendants was sustained without leave to amend. A second cause of action, directed only against the Builders Exchange of Stockton, is not involved on this appeal.

The sole issue presented is the question whether, in a case where the state is required to award its contract to the lowest responsible bidder, such bidder acquires a cause of action for money damages against the state and its responsible officers when they award the contract to a higher bidder for reasons which constitute an abuse of discretion.[1]

(1a) Plaintiffs' complaint alleged that they, as partners and licensed general contractors, were the lowest responsible bidders on a state public works contract administered by defendant director under the State Contract Act (Gov. Code, § 14250 et seq.), but that, on February 16, 1968, the director awarded the contract to a competitor whose bid was $11,836 higher than plaintiffs' bid. It was further alleged that defendant state refused to award the contract to plaintiffs on the sole ground that plaintiffs "had obtained one or more of [their] bids from a bid depository"; that plaintiffs had in fact received some of their bids from a bid depository maintained by the Builders Exchange of Stockton, but that this circumstance did not constitute a violation either of any state law or of the bid depository certificate which plaintiffs submitted with their bid;[2] that defendants' failure

Rubino v. Lolli

AI Brief

OPINION

JANES, J.

More from California Court of Appeal

Related research

NOTES

AI Brief