C & C CONST. v. SACRAMENTO MUN. UTIL. DIST.

No. C040761.

18 Cal.Rptr.3d 715 (2004)

122 Cal.App.4th 284

C & C CONSTRUCTION, INC., Plaintiff and Respondent, v. SACRAMENTO MUNICIPAL UTILITY DISTRICT et al., Defendants and Appellants.

Court of Appeals of California, Third District.

Rehearing Denied October 13, 2004.

Review Denied December 15, 2004.


Attorney(s) appearing for the Case

Arlen R. Orchard; Namba Law Offices, Curtis R. Namba, Sacramento; Hansen, Culhane, Kohls, Jones & Sommer, Kevin R. Culhane, Sacramento, and Betsy S. Kimball, for Defendants and Appellants.

Oren Sellstrom, Woodland, for Lawyers' Committee for Civil Rights of the San Francisco Bay Area; Mark D. Rosenbaum and Dan Tokaji, Los Angeles, for American Civil Liberties Union Foundation of Southern California; Sheila Thomas, Oakland, for Equal Rights Advocates; Alan Schlosser for American Civil Liberties Union of Northern California; Ruthe Catolico Ashley for National Asian Pacific American Bar Association; Patricia N. Canites for Human Rights/Fair Housing Commission of the City and County of Sacramento, Greater Sacramento Urban League, National Indian Contractors Association, Sacramento Asian Pacific Chamber of Commerce, Sacramento Black Chamber of Commerce, Sacramento Filipino Chamber of Commerce, Sacramento Hispanic Chamber of Commerce, Women Construction Owners & Executives, USA; Joanne Speers, Sacramento, for League of California Cities; and Dennis J. Herrera, City Attorney, Burk E. Delventhal, Randy Riddle, Ellen M. Forman and Teresa L. Stricker, San Francisco, for City and County of San Francisco, as Amici Curiae on behalf of Defendants and Appellants.

Pacific Legal Foundation, Sharon L. Browne, Sacramento, Stephen R. McCutcheon, Jr., and Sharon M. Mathew, for Plaintiff and Respondent.


NICHOLSON, J.

Defendant Sacramento Municipal Utility District (SMUD) discriminates on the basis of race in some of its public contracting activities. This case presents the question of whether this discrimination is permissible under section 31 of article I of the California Constitution (hereafter section 31).

Plaintiff C & C Construction (C & C) moved for summary judgment on its complaint for declaratory...

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