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BAY CITIES PAVING & GRADING, INC. v. CITY OF SAN LEANDRO

No. A137971.

223 Cal.App.4th 1181 (2014)

167 Cal. Rptr. 3d 733

BAY CITIES PAVING & GRADING, INC., Plaintiff and Appellant, v. CITY OF SAN LEANDRO, Defendant and Respondent; OLIVER DESILVA, INC., Real Party in Interest and Respondent.

Court of Appeals of California, First District, Division Two.

January 28, 2014.

Attorney(s) appearing for the Case

Diepenbrock Elkin , Eileen M. Diepenbrock , Chris Andrew McCandless and Jonathan R. Marz for Plaintiff and Appellant.

Meyers Nave Riback Silver & Wilson, Benjamin T. Reyes II , Eric S. Cahser and Julia L. Bond for Defendant and Respondent.

Jarvis, Fay, Doporto & Gibson and Clare Marie Gibson for League of California Cities as Amicus Curiae on behalf of Defendant and Respondent.

Smith & Brockhage, Steven Francis Brockhage ; Archer Norris and William Eric Blumhardt for Real Party in Interest and Respondent.

OPINION

HAERLE, J. —

I. INTRODUCTION

Appellant Bay Cities Paving & Grading, Inc. (hereafter appellant or Bay Cities), appeals from an order and judgment denying its petition for a writ of mandate. Pursuant to that petition, Bay Cities challenged the action of the City of San Leandro (hereafter City) in awarding a public works contract to a competing contractor, real party in interest and respondent Oliver DeSilva, Inc.,...

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