Diablo Beacon Printing & Publishing Co. v. City of Concord

Plaintiffs appeal from judgment entered on order sustaining demurrer without leave to amend.

Question Presented

Does the complaint, which alleges that defendant city council unlawfully accepted a higher bid for the publication of legal notices in a newspaper where the successful bidder did not state the paper’s circulation within the city, as called for in the notice to bidders, state a cause of action?

Record

Plaintiff Diablo Beacon Printing & Publishing Company, Inc., a California corporation and taxpayer in the City of Concord, sued the City of Concord, and certain officials thereof, on behalf…