California Supreme Court Watch

Jun 10, 2015
#15-70 Roy Allen Slurry Seal, Inc. v. American Asphalt South, Inc., S225398

#15-70 Roy Allen Slurry Seal, Inc. v. American Asphalt South, Inc., S225398. (B255558; 234 Cal.App.4th 748; Riverside County Superior Court; RIC1308832.) Petition for review after the Court of Appeal reversed the judgment in a civil action. This case presents the following issues: (1) In the context of competitive bidding on a public works contract, may the second lowest bidder state a claim for intentional interference with prospective economic advantage against the winning bidder based on an allegation that the winning bidder did not fully comply with California’s prevailing wage law after the contract was awarded? (2) To state a cause of action for intentional interference with prospective economic advantage, must the plaintiff allege that it had a preexisting economic relationship with a third party with probable future benefit that preceded or existed separately from defendant’s interference, or is it sufficient for the plaintiff to allege that its economic expectancy arose at the time the public agency awarded the contract to the low bidder?

Review granted 06/10/2015

See the Petition for Review.

Decision made 2/16/2017 

See the California Supreme Court opinion.