State alleged that Donald Sherwin and Brian Hofer of Santa Barbara’s Valley Foods participated with four other food distribution companies in a bid-rigging scheme which undermined California’s small business preference. The complaint alleged that Sherwin, Hofer and eight co-defendants rigged bids, committed perjury and submitted false evidence to the state. The defendants filed a motion to suppress evidence gathered in a general search, the trial court agreed, and dismissed the indictment as unsupported without such evidence. The Court of Appeal affirmed the trial court’s decision.