Rubino

Plaintiffs appeal from a judgment dismissing their first cause of action against the State of California and the director of its Department of General Services after the general demurrer of those defendants was sustained without leave to amend. A second cause of action, directed only against the Builders Exchange of Stockton, is not involved on this appeal.

The sole issue presented is the question whether, in a case where the state is required to award its contract to the lowest responsible bidder, such bidder acquires a cause of action for money damages against the state and its responsible officers when they award the contract to a higher bidder for reasons which constitute an abuse of discretion. [1]

(1a) Plaintiffs' complaint alleged that they, as partners and licensed general contractors, were the lowest responsible bidders on a state public works contract administered by defendant director under the State Contract Act (Gov. Code, § 14250 et seq.), but that, on February 16, 1968, the director awarded the contract to a competitor whose bid was $11,836 higher than plaintiffs' bid. It was further alleged that defendant state refused to award the contract to…