Daily Journal Corp. v. County of Los Angeles

Daily Journal Corporation appeals from the dismissal of its mandate petition after the trial court sustained without leave to amend the demurrers of respondent Los Angeles County (County) and real party in interest Metropolitan News Company. We hold that the petition is moot to the extent it seeks to “unwind” the County’s 2004 contract with Metropolitan News to place ads for various legal notices. To the extent the petition seeks to force the County to seek reimbursement from Metropolitan News in order to recoup certain alleged overpayments as waste, we affirm because the action does not fall within the parameters of a taxpayer claim for government waste.

PROCEDURAL HISTORY

In October 2004, Los Angeles County awarded the Metropolitan News Company (Met News) a contract to place legal advertising in its own and various others newspapers throughout the County. Met News was selected over its competitor, Daily Journal Corporation, after both companies submitted bids in response to the County’s invitation to bid for the contract. The three-year contract took effect in November 2004, and could be extended for up to another two years. Daily Journal protested the decision and…