Los Angeles Dredging Co. v. Long Beach

In Los Angeles Dredging Co. v. Long Beach (1930) 210 Cal. 348, the court recognized that any rule that void contracts cannot be ratified is limited to contracts which are beyond the powers of the public entity, or those in which some prescribed formality has irrevocably been disregarded. The court explained that such contracts cannot be ratified because ratification must be (1) based upon a previously existing power to make the particular contracts and (2) made in the manner prescribed for the making of such contract. In other words, where a public entity is without power to enter into a particular type of contract, it lacks the power to ratify it after performance. And, where the contract is one that is within the power of the public entity to make but requires a specific formality that was ignored, it is not subject to ratification where the mode of entering into it has irrevocably been disregarded. ( Id. at p. 359.) However, void municipal contracts that are fully within the powers of the public entity may be effectively ratified if done so in the manner prescribed for the making of the contract. ( Id. at pp. 359-360.) "Upon such ratification the contracts become binding upon the city as fully as though they had been previously entered into in the prescribed manner." ( Id. at p. 360.)