Talley Amusements v. The 32nd District Agricultural Association
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The case revolves around a dispute over a public contract for services to be rendered to the state. The plaintiffs, Talley Amusements, Inc. and others, alleged that the 32nd District Agricultural Association and others violated the Public Contract Code section 10339 when they solicited proposals for a master carnival operator contract for the county fair. The plaintiffs claimed that the request for proposal (RFP) was written in such a way that only one carnival operator in the United States could qualify, thereby limiting the bidding process.
The Superior Court of Orange County initially reviewed the case. The court found that section 10339, which prohibits a state agency from drafting an RFP in a way that directly or indirectly limits bidding to any one bidder, did not apply to this particular contract. As a result, the court denied the plaintiffs' request for a temporary injunction under section 10421, which allows a court to issue a temporary injunction preventing further dealings on a public contract awarded in violation of section 10339.
The case was then brought before the Court of Appeal of the State of California Fourth Appellate District Division Three. The main issue on appeal was whether the competitive bidding requirements of section 10339 apply to a district agricultural association’s RFP on a master carnival contract. After reviewing the matter de novo, the court held that section 10339 did not apply to the contract at issue because it was not a contract for services to be rendered to the state. Therefore, the court affirmed the trial court’s order denying injunctive relief under section 10421.
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