Were the plaintiffs incidental or donee beneficiaries?

The California Department of Parks and Recreation (DPR) and Delaware North Companies (DNC) entered into a contract giving DNC the right to operate a concession stand at a state park in San Diego for 10 years. Four years into the contract, DNC assigned its rights to operate the stand to another company.

DNC fired many of its employees, and the new operator did not rehire them. Some of these workers were members of the union Unite Here Local 30. Local 30 sued to block the assignment. It was joined in the suit by Bridgette Browning, who lived in the area and seemed to care who provided her hot dogs.

The trial court rejected the plaintiff’s claims, and the plaintiffs appealed.