Legal Opinion

Barlow v. Davis

California Court of Appeal

Decided July 12, 1999No. A084574PublishedCited by 13 opinions

1Opinion of the Court

Opinion

SWAGER, J.

In this action for writ of mandate and injunctive and declaratory relief, the trial court determined that section 10115.5 of the Public Contract Code 1 must be declared void as an unseverable part of a statutory scheme previously found constitutionally invalid. We agree and affirm the judgment.

Statement of Facts and Procedural History

Section 10115.5 was enacted in 1988 as part of division 2, part 2, chapter 1, article 1.5 (article 1.5) of the Public Contract Code (§ 10115 et seq.). The Legislature in enacting this article declared that one of its purposes was to “improve the…

2Cases cited15 opinions

  1. City of Richmond v. J. A. Croson Co.Supreme Court of the United States · 1989
  2. Calfarm Insurance v. DeukmejianCalifornia Supreme Court · 1989
  3. Birkenfeld v. City of BerkeleyCalifornia Supreme Court · 1976
  4. Santa Clara County Local Transportation Authority v. GuardinoCalifornia Supreme Court · 1995
  5. Sonoma County Organization of Public Employees v. County of SonomaCalifornia Supreme Court · 1979

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3Cited by13 opinions

  1. Benito Acosta v. City of Costa MesaCourt of Appeals for the Ninth Circuit · 2013
  2. Connerly v. State Personnel BoardCalifornia Court of Appeal · 2001
  3. County of Sonoma v. Superior CourtCalifornia Court of Appeal · 2009
  4. MHC Financing Limited Partnership Two v. City of SanteeCalifornia Court of Appeal · 2005
  5. Vivid Entertainment v. Jonathan FieldingCourt of Appeals for the Ninth Circuit · 2014

8 more not listed; retrieve them via the Exa API.

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