Marshall

Defendant and appellant Pasadena Unified School District, a California public school district (the District), appeals a judgment granting a petition for writ of mandate filed by plaintiffs and respondents Paul G. Marshall, Jr. (Marshall) and PW Construction, Inc. (PW) (collectively, petitioners).

The District awarded a construction contract pursuant to an emergency resolution which enabled it to dispense with public bidding. The trial court set aside the District’s action, finding no emergency existed.

The essential issue presented is what constitutes an emergency which allows a school district to bypass regular competitive bidding procedures.

Public Contract Code section 20113 allows a school district in an “emergency” to “[m]ake a contract... for the performance of labor and furnishing of materials or supplies . . . without advertising for or inviting bids.” Section 1102 states: “ ‘Emergency,’ as used in this code, means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” (Italics added.) Because section 1102 defines…