All Towing Services LLC v. City of Orange

All Towing Services LLC (All Towing) appeals from the summary judgment entered in favor of the City of Orange (city) and its city council members, Denis Bilodeau, Jon Dumitru, and Fred Whitaker on All Towing’s conflict of interest claims arising from the award of a vehicle towing contract. All Towing contends triable issues of fact prevented summary judgment. As we explain, however, All Towing failed in its opposition to summary judgment to identify any disputed facts suggesting Whitaker had a conflict of interest, and as a matter of law the $250 or more in campaign contributions Bilodeau and Dumitru received in an earlier election cycle do not create a conflict of interest. We publish our discussion of the latter issue to explain the error of a contrary statement in BreakZone Billiards v. City' of Torrance (2000) 81 Cal.App.4th 1205, 1227 [ 97 Cal.Rptr.2d 467 ] (BreakZone).

I

FACTUAL AND PROCEDURAL BACKGROUND

In the fall of 2010, the Orange Police Department solicited bid proposals to perform towing services for the official police towing and services storage (OPTS) program under contract with the city (OPTS agreement, or OPTS A). Under the OPTSA, the police…