Garvey Equipment v. Dept. of General Services CA3
The California Department of Transportation (CalTrans), acting through the Department of General Services (DGS), solicited bids for brush and tree chippers and training, repair, and associated services. Garvey Equipment Company (Garvey) and RKU Distributing, Inc. (RKU) submitted bids. The contracts were awarded to RKU. Garvey then sued DGS, CalTrans, and later the Controller’s Office, to obtain a judicial declaration that RKU contracted to provide chippers with certain features and services using its own workforce, and the State has the right to recover monies paid to RKU for chippers and services that differed from what was required under the contracts. Garvey also sought to enjoin the State from paying RKU for chippers and services that differed from what was required under the contracts and to require RKU to repay all monies it received for non-compliant chippers and services. The trial court granted motions by DGS and RKU for summary judgment and summary adjudication.
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