California Court of Appeal

Writ of mandate enjoining requirement that the state, with certain exceptions, make every effort to use state employees to perform architectural and engineering services for public works projects, before resorting to contracts with private companies, is affirmed where requirement conflicts with state constitution and implementation would: 1) disrupt ongoing public works projects and waste public funds by terminating existing contracts; 2) produce great and irreparable injury to the public and to the parties to existing architectural and engineering services contracts; and 3) result in the loss of benefits that would flow to the public from such future contracts.

Appellate Information

• Decided 06/14/2006
• Published 06/14/2006

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Law Offices of Kelley Stimpel Martinez, Kelley Stimpel Martinez;  Law Offices of James E. McGlamery and James E. McGlamery, Sacramento, for Defendant and Appellant., Stoel Rives and James P. Corn, Sacramento, for Plaintiffs and Respondents., Bill Lockyer, Attorney General, Louis R. Mauro, Senior Assistant Attorney General, Christopher E. Krueger, Vickie P. Whitney and Leslie R. Lopez, Deputy Attorneys General, for the Department of Transportation as Amicus Curiae on behalf of Plaintiffs and Respondents.