McGEE v. BALFOUR BEATTY CONSTRUCTION, LLC

No. B262850.

247 Cal.App.4th 235 (2016)

202 Cal.Rptr.3d 251

JAMES D. McGEE et al., Plaintiffs and Appellants, v. BALFOUR BEATTY CONSTRUCTION, LLC, et al., Defendants and Respondents; KEVIN R. CARLIN, Objector and Appellant.

Court of Appeals of California, Second District, Division Eight.

April 12, 2016.


Attorney(s) appearing for the Case

Carlin Law Group and Kevin R. Carlin for Plaintiffs and Appellants.

Leibold McClendon & Mann and John G. McClendon for Objector and Appellant.

Finch, Thornton & Baird, Jason R. Thornton and Louis J. Blum for Defendant and Respondent Balfour Beatty Construction, LLC.

Atkinson, Andelson, Loya, Ruud & Romo, Martin A. Hom and Jennifer D. Cantrell for Defendant and Respondent Torrance Unified School District.

Lozano Smith, Harold M. Freiman , Devon B. Lincoln and Travis E. Cochran for California Association of School Business Officials as Amicus Curiae on behalf of Defendants and Respondents Balfour Beatty Construction, LLC, and Torrance Unified School District.

Law Office of Lawrence H. Kay and Lawrence H. Kay for Construction Employers Association as Amicus Curiae on behalf of Defendant and Respondent Balfour Beatty Construction, LLC.

Fagen, Friedman & Fulfrost, Paul G. Thompson , Cynthia Smith ; California School Boards Association/Education Legal Alliance, Keith Bray and Joshua R. Daniels for California School Boards Association/Education Legal Alliance as Amicus Curiae on behalf of Defendant and Respondent Torrance Unified School District.


OPINION

This is an appeal from the judgment of dismissal following the trial court's order sustaining defendants' demurrers without leave to amend. This case concerns the application of Education Code section 17406 (section 17406) which governs lease-leaseback construction agreements. Section 17406 provides an exception...

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