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 Appeal Not Moot Issue Affects General Public Interest.
(Marshall v. Pasadena Unified School Dist.)

Appeal Not Moot-Issue Affects General Public Interest-
(Marshall v. Pasadena Unified School Dist.)

DISCUSSION

            1.  Procedural issues.

                        a.  Appeal not moot; issue affects general public interest.

            In accordance with the trial court’s ruling, which invalidated the award of the contract to Hayward and directed the District to advertise publicly for bids to complete the work, the District advertised for bids and awarded the contract to NBM Construction Corporation.  Marshall and PW then filed a motion to dismiss the District’s appeal as moot, contending that because the contract for the project had been awarded to a different entity, after public advertisement and competitive bidding, no justiciable controversy remained concerning the contract award to Hayward.

            We denied the motion to dismiss because even if the matter were moot, it presented an issue of public interest concerning the definition of an emergency which allows a school district to dispense with the competitive bidding process.  “ ‘It is now established law that where . . . issues on appeal affect the general public interest . . . , and there is reasonable probability that the same questions will again be litigated and appealed, an appellate court may, although the appeal be subject to dismissal, nevertheless adjudicate the issues involved.  [Citations.]’  [Citation.]”  (California Ins. Guarantee Assn. v. Liemsakul (1987) 193 Cal.App.3d 433, 437, fn. 1.)

            Further, at least one portion of the appeal is not moot.  The District contends that if, as the trial court found, Hayward’s emergency contract with the District is invalid, the trial court erred in ruling Hayward is entitled to recover for its work and Hayward must be ordered to disgorge any funds it has received.  We conclude Hayward’s entitlement to payment must be addressed by this court.

            For these reasons, the appeal is not subject to dismissal as moot.[6]

Marshall v. Pasadena Unified School Dist.-B160520 --6/29/04 CA2/3
 

Jun 29 2004

B160520 [PDF] [DOC]

Marshall v. Pasadena Unified School Dist.-B160520 --6/29/04 CA2/3

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