LOS ANGELES : Caterer Wins Right to Sue DWP for Bill During Strike

A judge refused Friday to throw out a lawsuit filed by a caterer who says the city’s Department of Water and Power owes him $70,874 for food delivered to managers during last year’s nine-day strike.

City lawyers tried to show that Beck & Call Catering could not recover damages, which would have allowed the judge to throw the case out. But Superior Court Judge David Horowitz ruled that the caterer has a strong enough case to proceed. He gave the DWP 20 days to answer the allegations.

The catering DWP ordered was done under an emergency provision that allows managers to make a contract without getting bids or authorization from superiors. But the DWP came under fire when city accountants reviewed the bill--which averaged out to $120 a day per manager.

Beck & Call catered the first day’s meals, but after that managers clamored for better food, including more fresh fruit and vegetables and better overall quality. The emergency contract was renegotiated.

The city has paid $273,174 of the $344,048 bill, but city lawyers contend DWP officials did not have the authority for the renegotiation so they refused to pay the difference.