California Court of Appeal

In this case, the mayor of defendant-city refused to sign a contract duly approved by the city council. After some weeks passed without the mayor signing the contract, the mayor pro tempore signed it. Plaintiff brings this action against the City seeking a writ of mandate to invalidate the contract, and the trial court entered judgment in favor of plaintiff, finding that the contract was void ab initio because it had not been executed by the mayor as required by Government Code section 40602. The judgment is affirmed, where neither the City Attorney nor the mayor pro tempore had the authority to deem the mayor "absent" under section 40602, and thus, the mayor pro tempore's signature was ineffective to enter the contract on the City's behalf.

Appellate Information

• Decided 02/13/2015
• Published 02/13/2015

Judges

• Kitching

Court

• California Court of Appeal

Counsel