Supreme Court of California

In a writ proceeding, a state employees' union and a taxpayer challenged Caltrans's interpretation of Proposition 35, which expressly removed a constitutional restriction on the ability of governmental entities to contract with private firms for architectural and engineering services on public works projects. A ruling in favor of Caltrans in the proceeding is affirmed as Proposition 35 implicitly repealed prior statutes regulating private contracting, but did not invalidate the prior procedure for selecting private contractors.

Appellate Information

• Decided 04/12/2007
• Published 04/12/2007

Judges

• MORENO, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Law Office of Kelley Stimpel Martinez, Kelley Stimpel Martinez, Sacramento;  Law Offices of James E. McGlamery and James E. McGlamery, Sacramento, for Plaintiffs and Appellants., David L. Alexander and Christopher H. Alonzi, Berkeley, for City of Oakland, acting by and through its Board of Port Commissioners as Amicus Curiae on behalf of Plaintiffs and Appellants., Davis & Reno and Duane W. Reno, San Francisco, for Local 21 of the International Federation of Professional and Technical Engineers, AFL-CIO, as Amicus Curiae on behalf of Plaintiffs and Appellants., Olson, Hagel & Fishburn, Deborah B. Caplan, N. Eugene Hill, Sacramento, and Richard C. Miadich, for the President of the State Senate, Don Perata, and the Speaker of the State Assembly, Fabian Nunez, as Amici Curiae on behalf of Plaintiffs and Appellants.


• For Appellees:
  
• Bruce A. Behrens, Thomas C. Fellenz, Brelend C. Gowan, José Aguirre, Stephanie G. Sakai, Sacramento, and Laurie Epstein-Terris, for Defendants and Respondents., John P. Carpenter, for The Associated General Contractors of California as Amicus Curiae on behalf of Defendants and Respondents., Best Best & Krieger, Steven C. Debaun, Marc S. Ehrlich and Robert Abiri, Irvine, for Amador County Transportation Authority as Amici Curiae on behalf of Defendants and Respondents., Stoel Rives, James P. Corn and Barbara A. Brenner, Sacramento, for Interveners and Respondents., Sheppard, Mullin, Richter & Hampton and David P. Lanferman, San Francisco, for the California Building Industry Association and California Chamber of Commerce as Amici Curiae on behalf of Defendants and Respondents and Interveners and Respondents., Nossaman, Guthner, Knox & Elliott, Stephen N. Roberts, Stanley S. Taylor and Katrina J. Lee, San Francisco, for Self-Help Counties Coalition and Contra Costa Transportation Authority as Amici Curiae on behalf of Defendants and Respondents and Interveners and Respondents., Fred J. Hiestand, Sacramento, for The Civil Justice Association of California as Amicus Curiae on behalf of Interveners and Respondents.