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SMITH v. MT. DIABLO UNIFIED SCH. DIST.

Docket No. 36871.

56 Cal.App.3d 412 (1976)

128 Cal. Rptr. 572

JERRY L. SMITH et al., Plaintiffs and Appellants, v. MT. DIABLO UNIFIED SCHOOL DISTRICT et al., Defendants and Respondents; INTERNATIONAL BUSINESS MACHINES CORPORATION, Real Party in Interest and Respondent.

Court of Appeals of California, First District, Division Four.

March 23, 1976.

Attorney(s) appearing for the Case

COUNSEL

Boatwright, Adams & Safine, Stuart A. Safine and Bruce Board for Plaintiffs and Appellants.

John B. Harmon and Harold L. Howard as Amici Curiae on behalf of Plaintiffs and Appellants.

John B. Clausen, County Counsel, and Silvano Marchesi, Deputy County Counsel, for Defendants and Respondents.

Pillsbury, Madison & Sutro, Walter R. Allan and James J. Walsh for Real Party in Interest and Respondent.

OPINION

CALDECOTT, P.J.

The question presented by this appeal is whether Code of Civil Procedure sections 860-870 (the validating statutes) govern a school district's contract for the purchase of a computer. We conclude that they do not.

Appellants, as taxpayers, commenced this action for injunctive and declaratory relief against respondents Mt. Diablo School District (District), the members of the board of education (Board...

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