Southern Check Exchange v. County of San Diego

Opinion

WHELAN, J.

Plaintiffs Southern Check Exchange (Southern) and James W. Martin appeal from a summary judgment in favor of defendant San Diego County (County) and three of its officials.

[83]

On January 24, 1967, Southern and Martin commenced action for breach of contract to lease certain County-owned real property.

A fourth amended complaint .alleged breach of contract by County and, in a second cause of action, fraudulent misrepresentation and concealment on the part of County and of three officials: T. M. Heggland (Heggland), Chief Administrative Officer, Verne O. Gehringer (Gehringer), County Purchasing Agent, and Carlton Pippin (Pippin), Gehringer’s assistant in charge of property management. The defendants answered and filed a motion for summary judgment, which was granted.

Statement of Facts

On March 1, 1966, the San Diego County Board of Supervisors (Board) adopted a resolution declaring its intention to lease certain County-owned real property as a parking lot according to terms set forth in a document on file in the office of Board, to which reference was made for further particulars. One of the terms of the filed document was that County employees working in the courthouse be given preference for monthly daytime parking at a rate of no more than $12 per month each. The resolution called for sealed bids. Board reserved the right to reject any and all bids.

A notice calling for bids was published. Southern attempted to obtain a copy of the bid conditions; its James W. Martin (Martin) went to the office of Board on or about March 24 but was told by Gehringer a copy of the bid conditions could not be located at that time. Gehringer stated he would deliver a copy of the bid conditions to Martin the next day.

Purported bid conditions, contained in a sealed envelope, were delivered to Martin next day by Gehringer’s subordinate but did not contain a provision for a preference for courthouse employees at a $12 per month rate, providing rather that any bid should state a monthly rate for such parking.

Southern submitted its bid which met the specifications of the document delivered to Martin and provided for a $13 monthly rate for courthouse employees. That was the only bid received by Board.