California Court of Appeal

Trial court judgment denying plaintiff's petition for a peremptory writ of mandate requiring that defendant comply with California's prevailing wage law in the construction of its public works projects is affirmed where: 1) the prevailing wage law does not address matters of statewide concern and therefore defendant, as a charter city, is not required to comply with the wage law with respect to public works contracts financed solely from city revenues; and 2) charter cities, not the Legislature, retain the power to determine whether the wage law provisions will govern their public works in light of California Constitution article XI, section 5 (a) and in light of the manner in which the wage law operates.

Appellate Information

• Decided 04/28/2009
• Published 04/28/2009

Judges

• BENKE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Altshuler Berzon, Stephen P. Berzon, Scott A. Kronland, San Francisco, and Peter E. Leckman, for Plaintiff and Appellant., Edmund G. Brown, Jr., Attorney General, Christopher E. Krueger, Assistant Attorney General, Douglas J. Woods and Peter M. Williams, Deputy Attorneys General, for State Building and Construction Trades Council of California, AFL-CIO, as Amicus Curiae on behalf of Plaintiff and Appellant., Davis, Cowell & Bowe and John J. Davis, Jr., for Northern California Mechanical Contractors Association, Air Conditioning, Refrigeration and Mechanical Contractors Association of Southern California, California Plumbing and Mechanical Contractors Association, California Sheet Metal Air Condintioning Contractors National Association, Associated Plumbing and Mechanical Contractors Association and Mechanical Contractors Council of Central California as Amici Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• McDougal, Love, Eckis, Smith, Boehmer & Foley, James P. Lough, David M. Stotland;  Darold D. Pieper, City Attorney, and Jonathan B. Stone, Deputy City Attorney, for Defendants and Respondents., Atkinson, Andelson, Loya, Ruud & Romo, Robert Fried and W. Bryce Chastain, Pleasanton, for Associated Builders & Contractors of California as Amicus Curiae on behalf of Defendants and Respondents., Weinberg, Roger & Rosenfeld, Sandra Rae Benson, Patricia M. Gates, Alameda and Roberta D. Perkins, for Northern California Basic Crafts Alliance as Amicus Curiae on behalf of Defendents and Respondents.