KLISTOFF

INTRODUCTION

Defendants Michael Klistoff, Jr. (Klistoff), and All City Services, Inc., bring a petition for writ of mandate or prohibition challenging the overruling of the demurrer to a cause of action for conspiracy to violate Government Code section 1090 in the complaint by plaintiff City of South Gate (the City). The complaint alleges that Klistoff, through All City Services, made payments to Albert Robles (Robles), an official of the City, in exchange for Robles’s efforts to ensure that Klistoff & Sons, Inc. (K&S), in which Klistoff was vice-president and operations manager, obtained a $48 million 10-year contract from the City to provide refuse collection and recycling services.

The question in this petition is whether Klistoff and his company, All City Services, who are not officials or employees of a public entity as defined in section 1090 and who are not parties to the contract between the City and K&S, can be held liable for conspiracy to violate section 1090. We conclude that because only public officials or employees can violate section 1090, Klistoff and All City Services, who are not public officials or employees, cannot be held liable for conspiracy to…