Oct 5, 2015

This is the Supreme Court case that Mr. Bertain cited today, does it apply to Commissioner Greg Dale and the Harbor District?

http://law.justia.com/cases/california/supreme-court/3d/38/633.html

This is a link to the case referred to by Mr. William Bertain at today's press conference. Supreme Court of California from 1985.

BRUCE THOMSON et al., Plaintiffs and Appellants, v. HUBERT CALL et al., Defendants and Appellants; CITY OF ALBANY et al., Defendants and Respondents

Excerpt 1:

The truism that a person cannot serve two masters simultaneously finds expression in California's statutory doctrine that no public official shall be financially interested in any contract made by that person or by any body or board of which he or she is a member. 

Excerpt 2:

 the court found (1) Call's financial interest in the transaction violated Government Code section 1090; fn. 2 (2) the Calls were liable to the city for the $258,000 they received from the sale, plus interest; (3) the city was nevertheless to retain title to the land; and (4) relief was to be denied as to the other defendants. Judgment was entered accordingly.

Excerpt 3:

Decision of the Trial Court
The trial court filed a memorandum of decision reviewing the evidence in detail and stating the following conclusions: the complex transaction had produced a "single contract" in which Call had a financial interest in violation of section 1090; 

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