AMELCO ELECTRIC v. CITY OF THOUSAND OAKS

No. S091069.

115 Cal.Rptr.2d 900 (2002)

27 Cal.4th 228

38 P.3d 1120

AMELCO ELECTRIC, Plaintiff and Respondent, v. CITY OF THOUSAND OAKS, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied March 13, 2002.


Attorney(s) appearing for the Case

Mark G. Sellers, City Attorney; Negele & Associates, James R. Negele, Los Angeles; Lascher & Lascher and Wendy C. Lascher, Ventura, for Defendant and Appellant.

Parker, Milliken, Clark, O'Hara & Samuelian, Brown, Winfield & Canzoneri, Nowland C. Hong, Michael M. Mullins and Michael S. Simon, Los Angeles, for the League of California Cities as Amicus Curiae, on behalf of Defendant and Appellant.

Watt, Tieder, Hoffar & Fitzgerald, Michael G. Long, Gregory J. Dukellis, Irvine, and Dwight C. Hirsh, Newport Beach, for Plaintiff and Respondent.

Kamine, Steiner & Ungerer, Kamine Ungerer, Bernard S. Kamine, Los Angeles, Matt Steiner, Cerritos, and Joseph M. Rossini, for Engineering Contractors' Association, as Amicus Curiae on behalf of Plaintiff and Respondent.

Monteleone & McCrory, Thomas P. McGuire, Santa Ana, and Joseph C. Malpasuto, Glendale, for Southern California Contractors Association, as Amicus Curiae on behalf of Plaintiff and Respondent.

Crowell & Moring, Donald E. Bradley, Irvine; Rogers Joseph O'Donnell & Phillips, Neil H. O'Donnell and Aaron P. Silberman, San Francisco, for the Associated General Contractors of California, as Amicus Curiae on behalf of Plaintiff and Respondent.

Perkins & Miltner, San Diego, and Timothy E. Salter, Modesto, for the National Electrical Contractors Association, District Nine, as Amicus Curiae on behalf of Plaintiff and Respondent.

Case, Ibrahim & Clauss, Brian S. Case, F. Albert Ibrahim, Costa Mesa, and Charles W. Losness, Irvine, for Associations of Specialty Contractors, as Amici Curiae on behalf of Plaintiff and Respondent.


BROWN, J.

In this case we determine whether the abandonment theory of liability applies against a public agency, and whether plaintiff public works contractor, which sued for breach or abandonment of the public works contract, is entitled to compensation under a total cost method of measuring damages. The jury found the contract was breached and abandoned, and awarded total cost damages. The Court of Appeal affirmed...

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