Willingham v. San Diego Unified School District

MUSSELL, J. This is a taxpayer’s action for declaratory relief and for an injunction in which plaintiff seeks a judgment determining whether a certain contract between defendant San Diego Unified School District and defendant San Diego Transit System, a corporation, is unlawful and whether public moneys of said school district paid to said transit system under the terms of the contract are being lawfully expended. The trial court granted a motion for summary judgment and a dismissal of the action, and plaintiff appeals [13]from the summary judgment entered pursuant to said motion.

There is no dispute as to the material facts. The school district furnishes transportation to pupils in the city of San Diego by regular bus service provided for in contracts let on bids. The defendant transit system is a California corporation operating, under franchises from the city of San Diego, a bus system serving the general public on regular routes over various streets in the city. It is subject to and operates under the jurisdiction of the Public Utilities Commission of the State of California and complies with all orders and regulations of said commission. The transit system bid for and was awarded the contract (for the school year September 5, 1956-June 30, 1957), to provide school bus service to and from three schools of the district within the “Kearney Mesa District,” operating the school bus along what is called the “Kearney Mesa Route.” During said school year the transit system has been transporting pupils over this route and the school district has been paying to it the sum specified in the contract for such operation. The school district advertises for bids to furnish school bus service. The bid specifications require bidders to comply with all regulations of the California Department of Education relating to the operation and equipment of school buses and the safe transportation of pupils; that the bidders furnish proof that all school buses used to transport students have been accepted by the California Highway Patrol and meet all rules and regulations of the California Vehicle Code, the California Education Code and the Department of Education of California for school buses, if applicable. However, the bid specifications then provide that these requirements do not apply to motor vehicles subject to and meeting all requirements of the Public Utilities Commission operated by carriers operating under the jurisdiction of the Public Utilities Commission as provided for in Education Code, section 16273.

The regulations of the Department of Education from which the transit system herein was exempted are found in California Administrative Code, tit. 5, sections 1060-1171. These regulations provide that they are in addition to the provisions of the Vehicle Code; that except as otherwise indicated, the term “school bus” refers to and includes every motor vehicle defined as a school bus by Education Code, section 16273, and Vehicle Code, section 54; that a written agreement must be entered into between the governing board of each school district with each party contracting with such board for the