Gananian

Gananian v. Wagstaffe

Good Law
132 Cal. Rptr. 3d 487·199 Cal. App. 4th 1532·2011 Cal. App. LEXIS 1324
Court of Appeal of CaliforniaOctober 21, 2011No. A127698California5,409 words

Opinion

Lead Opinion

Margulies, J.

Jeffrey S. Gananian appeals from a judgment dismissing his cause of action for declaratory relief against former San Mateo County District Attorney James P. Fox. Gananian sought a declaration that Education Code section 15288 required Fox to investigate and prosecute alleged violations of law associated with the expenditure of voter-approved school bond funds. We disagree, and affirm the judgment.

I. BACKGROUND

In April 2009, Gananian filed his original complaint against the La Honda-Pescadero Unified School District (the District) and its then superintendent, Timothy Beard, alleging waste and misuse of bond proceeds obtained *1536 pursuant to a districtwide school construction bond measure known as “Measure I.” The suit was filed under Education Code section 15284, which authorizes taxpayer suits to enjoin the misuse of bond funds obtained for school construction and rehabilitation from bond measures approved by voters under the provisions of Proposition 39. Proposition 39, known as the “Smaller Classes, Safer Schools and Financial Accountability Act,” amended the California Constitution in 2000 to, among other things, “reduce from two-thirds to 55 percent the number…

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