Ponte v. County of Calaveras

Plaintiff performed repair work on a collapse of soil under an street intersection allegedly caused by some fault of the county, but he could not recover the value of the work performed because he could not fit his case within the narrow limits governing estoppel against a government entity.  Plaintiff sued the county on a promissory estoppel theory to recover the value of work he performed repairing a collapse of soil under an street intersection allegedly caused by some fault of the county.  This opinion affirms dismissal of the suit on the ground that the contract was not entered into in accordance with proper government contracting procedures and plaintiff could not fit his case within the narrow limits governing estoppel against a government entity.  The decision also affirms an award of attorney fees against the plaintiff under CCP 1038 as his claim was not pursued with reasonable cause and good faith belief in its merit.

California Court of Appeal (Duarte, J.); July 17, 2017 (published August 15, 2017); 2017 WL 3521653

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