Kagan

Kagan v. Victor Valley Community College Dist. CA4/2

Good Law
Court of Appeal of CaliforniaJuly 21, 2016E065165California2,544 words

Opinion

Opinion

INTRODUCTION

This appeal involves a dispute about college bond proceeds. Plaintiffs Marshall J.

1 Kagan and Larry E. Hoover brought an action against the Victor Valley Community

College District (the college district) and three individuals.1 The trial court denied

plaintiffs’ petition for writ of mandate.

On appeal, plaintiffs contend the trial court erred in ruling plaintiffs failed to

establish that bond proceeds were used for an illegal purpose; abused its discretion by not

allowing oral testimony; erred in its finding that plaintiffs did not submit new facts or law

at the motion for reconsideration; and erred in citing plaintiffs for contempt and awarding

$750 attorney’s fees as costs to defendants. We reject these contentions and affirm the

judgment.

II

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs are members of a citizen’s oversight committee, charged with reviewing

bond expenditures. Acting in propria persona, plaintiffs filed a second amended petition

in August 2015. In their petition, they allege the college district has violated the

California Constitution by spending $53 million in bond proceeds on payroll and

operating expenses instead of capital…

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