Peerless Stages, Inc. v. Santa Clara County Transit District

Appellant Peerless Stages filed a. complaint for injunctive relief against respondent Santa Clara County Transit District and its director. Pursuant to stipulation, a first amended complaint was filed adding causes of action for damages and fraud. After trial by the court without a jury, judgment was entered for respondents and this appeal followed. Appellant is a bus company operating in Northern California. Prior to December 31, 1972, it was divided into five divisions: The Oakland Division, the Santa Clara County Division, Santa Cruz County Division, Palo Alto Division and the Charter Division. The Santa Clara County Division operated wholly within Santa Clara County and, including the operations of this division, more than 40 percent of appellant’s revenue vehicle miles were logged in Santa Clara County. As of the close of business on December 31, 1972, respondent purchased appellant’s Santa Clara County Division and thereafter less than 40 percent of appellant’s revenue vehicle miles were in Santa Clara County.

*506 Respondent district was created by the Santa Clara County Transit District Act codified in section 100000 et seq. of the Public Utilities Code of the…