Driving School Ass'n v. San Mateo Union High School District

Driving School Association of California (hereafter Driving School) appeals from a judgment dismissing a petition for writ of mandate to compel San Mateo Union High School District (hereafter School District) to desist from charging high school students fees for driver training classes offered in its adult school and to refund fee payments that it has received.

Driving School, a nonprofit corporation representing licensed driving schools throughout California, including several schools that are based in San Mateo County or do substantial business in the county, filed the petition on July 16, 1991, and the School District responded by filing a demurrer for failure of the petition to allege standing or facts sufficient to constitute a cause of action. The trial court initially sustained the demurrer with leave to amend on the ground of lack of standing. After Driving School filed an amended petition elaborating facts relating to standing, the School District countered with a second demurrer. In a judgment entered December 12, 1991, the trial court sustained the demurrer without leave to amend and denied the petition, finding both that Driving School lacked standing in the…