A civil lawsuit that has already cost Fresno Unified taxpayers more than $1.7 million in lawyer and court costs looks to be heading back to appellate court.

Kevin Carlin, the San Diego lawyer representing Fresno building contractor Stephen Davis in a 12-year-old lawsuit over the financing and construction of Rutherford P. Gaston Middle School, filed a notice of appeal this week with the Fresno County Superior Court.

Davis, who sued Fresno Unified and Harris Construction, lost the latest legal round when Fresno County Superior Court Judge Jeffrey Hamilton ruled that the district and Harris did not violate state law when the district employed Harris to oversee construction of the southwest Fresno school in a lease-leaseback contract.

Hamilton’s decision noted that although Davis’ company, Davis Moreno Construction, was not selected as a contractor or subcontractor on the Gaston project, the company has been paid more than $224 million for district construction projects since 2016 — $200 million more than its closest competitor. The decision also noted that Davis did not object when his company won lease-leaseback contracts in other Valley districts.

Davis’ lawsuit sought to have Harris repay the entire cost of the Gaston construction contract — $36 million-plus — as well as interest, totaling more than $60 million.

When asked about the new appeal, Fresno Unified spokeswoman Nikki Henry provided this statement to School Zone: “We have always maintained that Fresno Unified’s lease-leaseback contracts were appropriate and followed California Law. This position was reaffirmed by Judge Hamilton’s recent decision in our favor at the trial court. We will continue to vigorously defend Fresno Unified in this action to preserve our ability to utilize all methods of public construction financing as allowed by statute.”

The other defendant, Harris Construction, provided this statement: “Unlike the two previous appeals, this time there was a full trial where all the facts were laid out. Mr. Davis had every chance to present his case, and he lost; plain and simple. Based on the thorough and well-reasoned decision from the trial court, Harris is confident we will ultimately prevail. Harris will be filing a motion to recover our legal fees from Mr. Davis, which now exceed one million dollars. After nearly 13 years, perhaps Mr. Davis will finally realize it is time to stop wasting our taxpayer money on this case — money that we can all agree, would be much better spent on our community’s children.”

Carlin did not respond to an email seeking comment.

The latest appeal will mark the third go-round in the Fifth District Court of Appeal, which overturned two prior decisions by the Superior Court in favor of the defendants, FUSD and Harris.

According to the Fifth DCA website, the case may be considered for mediation.

School Zone, who never misses an opportunity to provide a little extra education for her loyal readers, wondered how this lawsuit compares with other long-running lawsuits. According to an internet search, the record for the lengthiest civil lawsuit was 57 years, and the case had the kind of juicy details that TMZ and the tabloids would be salivating over, if they had existed in 1834.

Myra Clark Gaines was a 19th-century woman who discovered that she was adopted, her parents had been bigamists, and her real father had been a wealthy New Orleans businessman who had named her in a will that was later destroyed to deprive her of her inheritance. Her case wound its way through state and federal courts, all the way to the U.S. Supreme Court. Gaines never did see a penny of her inheritance — she died in 1885 and her heirs settled the case in 1891 — but she used her notoriety and prominence to speak out on issues such as women’s suffrage. Her first husband had to file her suit — at that time women were not allowed to initiate lawsuits.

How Much Is Central Paying Its Interim Superintendent?

The Central Unified School Board this week approved a contract for Dr. Eimear O’Brien, who started work on March 26 as interim superintendent.

O’Brien, who was superintendent of Clovis Unified until her retirement in 2023, will be paid $1,056.58 per day — that comes to $5,282.90 for five-day weeks — and no fringe benefits, board president Naindeep Singh Chann said at Tuesday’s meeting.

The contract is standard for a CalSTRS retiree, he said. CalSTRS is the pension system for California’s public-school educators.

O’Brien stepped in as interim superintendent after the board terminated the contract of Superintendent Ketti Davis. O’Brien’s got her eye on elected office — she’s planning to run for Fresno County Superintendent of Schools in 2026.

Vintage Days Returns to Fresno State

One of School Zone’s favorite annual outings is the three-day Vintage Days spring festival at Fresno State, especially when the weather will be as nice as it’s forecast for this weekend.

Vintage Days, which began in the 1970s, is a chance for the public to support student groups (many of which will be selling yummy foodstuffs), check out arts and crafts from vendors who travel from far and wide to sell their wares, and listen to live music.

Plus, there are lots of fun activities for kids, which this year includes the Dave and Buster’s Fun Zone, with inflatables, a Ferris wheel, and a zip line.

School Zone has been a Vintage Days regular, shopping for birthday presents in the arts and crafts area and snagging a county fair cinnamon roll because they are so yummmm. But School Zone liked Vintage Days better when it was spread out in the grassy area north of the Maple Avenue entrance off of Shaw Avenue. It got moved a few years ago to parking lots 30 and 31 between the library and Resnick Student Union, which is where it’s being held this year.

Vintage Days is 11 a.m. to 6 p.m. Friday and Saturday, and 10 a.m. to 5 p.m. on Sunday. Admission and parking are free. Service animals are allowed, but pets need to stay home.

Scholarships!

High school seniors who are heading to college or career training may be eligible for scholarship assistance through the CalKIDS program.

The ScholarShare Investment Board estimates that seven out of 10 Fresno County public school students are eligible for a CalKIDS Scholarship, which can be used at accredited colleges, universities, trades schools, and career programs nationwide. Once students are enrolled they can request a distribution directly to their school to help cover qualifying educational costs.

Since 2022, about $1 billion in CaslKIDS Scholarships have been provided to more than 2 million California students.

Every child born in California on or after July 1, 2022 is awarded a CalKIDS scholarship worth up to $175, and families also can open savings accounts to set aside more funds for their kids’ education.

Don’t leave money on the table: For more information on eligibility, scholarship amounts, and how to claim a CalKIDS Scholarship account, go to CalKIDS.org.