EdLawConnect Blog

On May 2, 2017, the First District Court of Appeal issued an unpublished opinion in CTAN v. Mt.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.