Fairview Valley Fire v. CA Dept. of Forestry

Filed 1/9/15; pub. order 1/30/

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

FAIRVIEW VALLEY FIRE, INC., D065971

Plaintiff and Appellant,

v. (Super. Ct. No. CIVVS901308)

CALIFORNIA DEPARTMENT OF

FORESTRY,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of San Bernardino County, Steve

Malone and John P. Vander Feer, Judges. Affirmed.

Pope & Gentile and Daniel K. Gentile for Plaintiff and Appellant.

Kamala D. Harris, Attorney General, Mark Beckington and Michael Glenn

Witmer, Deputy Attorneys General, for Defendant and Respondent.

In this government contracting dispute between defendant and respondent

California Department of Forestry and Fire Protection (Cal Fire) and plaintiff and

appellant Fairview Valley Fire, Inc. (Fairview), we affirm a judgment entered in favor of Cal Fire on an order sustaining Cal Fire's demurrer.

We agree with Cal Fire that, in approving in advance the vendors from whom Cal

Fire will actually later hire emergency fire equipment, the agency is not required to

employ the formal competitive bid process set forth in the…