Balliet Bros. Construction Corp. v. Regents of University of California

Appellant Balliet Bros. Construction Corp., a general contractor, submitted a bid on a construction contract to be awarded by the University of California. The bid was accompanied by a “bid bond” in which appellant and a corporate surety obligated themselves to the University in the penal sum of 10 percent of the amount bid. Appellant subsequently brought this action against the University, seeking to avoid a forfeiture of the bond pursuant to a chapter of the Government Code (hereinafter chapter 3) which may be invoked by a bidder on a public construction contract who claims to have made an excusable mistake in its bid. The trial court sustained a general demurrer to appellant’s complaint, without leave to amend, and dismissed the action. The appeal is from the judgment of dismissal.

By reason of the procedural sequence indicated, the question is whether appellant’s complaint states a cause of action. (Glaire v. La Lanne-Paris Health Spa, Inc. (1974) 12 Cal.3d 915, 918 [ 117 Cal.Rptr. 541 , 528 P.2d 357 ].) We first observe that it omits certain factual allegations, and unclearly states others, which are necessary or desirable in the statement of a cause of action under…