Smith v. Mt. Diablo Unified School District
Opinion
Opinion
Caldecott, J.
The question presented by this appeal is whether Code of Civil Procedure sections 860-870 (the validating statutes) govern a school district’s contract for the purchase of a computer. We conclude that they do not.
Appellants, as taxpayers, commenced this action for injunctive and declaratory relief against respondents Mt. Diablo School District (District), the members of the board of education (Board), superintendent of the District, and International-Business Machines Corporation (IBM).
On November 13, 1973, the Board passed a motion that bids be called for on the purchase of a computer, based upon certain stated specifications. These specifications, set forth in a notice to bidders on November 14, listed items allegedly “available from only one supplier and/or manufacturer,” namely, IBM, and therefore allegedly prevented open competitive bidding from other responsible bidders as required by state law. (Gov. Code, § 4380.)
On December 7, 1973, bids were opened and summarized. The Board determined that the three bids lower than that of IBM did not meet the specifications, and they were therefore disqualified. At its meeting on January 29, 1974, the Board passed a…