May 31, 2017

CTAN v. Mt Diablo Unified School District Opinion Published

BY: Martin A. Hom

On May 2, 2017, the First District Court of Appeal issued an unpublished opinion in CTAN v. Mt. Diablo Unified School District, (see AALRR Alert) which specifically rejected the Davis v. Fresno lease-leaseback requirements of a “genuine” lease and contractor financing.   AALRR on behalf of the amici curiae Coalition for Adequate School Housing and the Association of California Construction Managers requested that the First District Court of Appeal publish the opinion on the grounds that it was an issue of first impression in that appellate district and also because it rejected Davis v. Fresno, agreed with McGee v. Torrance and further addressed the conflicting interpretations of Education Code section 17406 between the appellate districts.  Today, the First District Court of Appeal ordered that the opinion be published which means that it is now a precedential opinion that school districts may rely upon.




Comments are closed.

Post Comment

Attorney Bio(s)

Martin A. Hom

Martin A. Hom



Martin Hom is a partner in the San Diego office. Mr. Hom has litigation and trial experience in a broad range of contract interpretation issues and disputes, such as delay and inefficiencies, acceleration, differing site conditions, changes, terminations for default, extended performance and home office overhead issues (i.e., Eichleay damages), and various close-out issues. In addition to trial experience, Mr. Hom also has experience in the use of various forms of alternative dispute resolution. Also, he represents California school districts, community college districts, and special districts in employment law, administrative law, and labor relations.

full bio