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KAJIMA/RAY WILSON v. MTA

No. S077461.

96 Cal.Rptr.2d 747 (2000)

23 Cal.4th 305

1 P.3d 63

KAJIMA/RAY WILSON, Plaintiff and Respondent, v. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied August 23, 2000.

Attorney(s) appearing for the Case

DeWitt W. Clinton and Lloyd W. Pellman, County Counsel, and Richard P. Chastang, Deputy County Counsel, for Defendant and Appellant.

Manuela Albuquerque, City Attorney (Berkeley) and Christopher H. Alonzi, Deputy City Attorney, for 99 California Cities and the California State Association of Counties as Amici Curiae on behalf of Defendant and Appellant.

Kamine, Steiner & Ungerer, Bernard S. Kamine, Los Angeles, Maurya K. Hogan and Joseph M. Rossini for Plaintiff and Respondent.

The Diepenbrock Law Firm, Eileen M. Diepenbrock, Sacramento; Dauer & Thompson, James E. Thompson, Jennifer L. Dauer and Paul F. Dauer, Sacramento, for the Associated General Contractors of California as Amicus Curiae on behalf of Plaintiff and Respondent.

Monteleone & McCrory, Thomas P. McGuire, Los Angeles, and Joseph C. Malpasuto, Glendale, for Southern California Contractors Association and Engineering Contractors Association as Amici Curiae on behalf of Plaintiff and Respondent.

John H. Findley, Sacramento, for Pacific Legal Foundation and Kellogg Construction as Amici Curiae on behalf of Plaintiff and Respondent.

BROWN, J.

We consider in this case whether the lowest responsible bidder that is wrongfully denied a public contract has a cause of action for monetary damages against the public entity, and if so, whether those damages include bid preparation costs and lost profits. We conclude bid preparation costs but not lost profits are available under a theory of promissory estoppel. We therefore reverse the judgment of the Court of Appeal.

I. FACTUAL AND PROCEDURAL...

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