Scholl v. City of Dixon CA1/4
Plaintiff David J. Scholl, owner of Dixon’s Independent Voice, a newspaper of general circulation, appeals a judgment entered in favor of defendants City of Dixon and various present and former city officials, including Suellen Johnston, Jim Lindley, Jack Batchelor, Steven Bird, Jerry Castanon, Sr., and Scott Pederson (collectively the city). He contends the court erred in sustaining without leave to amend the city’s demurrer to his second amended complaint and petition for writ of mandate, which sought damages and declaratory and injunctive relief on claims arising out of the means by which the city effectively denied his newspaper a contract for the publication of legal notices. We conclude that the demurrer was properly sustained to some of his causes of action but that the court erred in sustaining the demurrer to causes of action for violations of Scholl’s First Amendment rights and of section 20169 of the Public Contract Code.
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