D.H. WILLIAMS CONST. v. CLOVIS UNIFIED SCHOOL DIST.

Nos. F049526, F049632.

53 Cal.Rptr.3d 345 (2007)

146 Cal.App.4th 757

D.H. WILLIAMS CONSTRUCTION, INC., Plaintiff and Respondent, v. CLOVIS UNIFIED SCHOOL DISTRICT, Defendant and Appellant; Emmett's Excavation, Inc., Real Party in Interest and Appellant.

Court of Appeal of California, Fifth District.

January 10, 2007.


Attorney(s) appearing for the Case

Lozano Smith, Jerome M. Behrens, Christine A. Goodrich and Stephen A. Mendyk, Fresno, for Defendant and Appellant.

Coleman & Horowitt, Darryl J. Horowitt, Fresno, and Karel G. Rocha, for Real Party in Interest and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

VARTABEDIAN, Acting P.J.

This is an appeal from a judgment granting a petition for writ of mandate. The issue before us is whether a bid on a public agency contract can be declared nonresponsive by the public agency when the bidder has listed an unlicensed subcontractor on the bid forms. We agree with the trial court that such a bid, in the circumstances of the present case, could not be declared...

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