Chapman v. Superior Court

CERTIFIED FOR PUBLICATION Government Code1 section 1090 prohibits an officeholder from having a financial interest in any contract made by the public agency of which he or she is a member. Section 1090 is intended to protect the public agency's interests and those of its constituency by assuring undivided loyalty and allegiance, removing direct and indirect influence of an interested officer and discouraging dishonesty. (Thorpe v. Long Beach Community College Dist. (2000) 83 Cal.App.4th 655, 659-660 (Thorpe).) In an underlying criminal matter, David Malcolm, a former member of the Board of Commissioners (Board) of the San Diego Unified Port District (Port District), pleaded guilty to violating section 1090 while on the Board. We hold here that as a matter of public policy, Malcolm may not maintain this legal malpractice action against the Port District, under a respondeat superior theory, and its former counsel, David Chapman, based on Chapman's advice to Malcolm that allegedly caused Malcolm's damages arising from the criminal matter. As there is no triable issue of material fact requiring trial, the Port District and Chapman are entitled to summary judgment. Accordingly, we grant the petition.