California Court of Appeal

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Alameda County Joint Apprenticeship & Training Comm. v. Roadway Elec. Works Inc., A125494

In a suit for unfair and unlawful competition under Business and Professions Code section 17200 and interference with prospective economic advantage, claiming that defendants are using unauthorized workers in the rebuilding of the San Francisco-Oakland Bay Bridge to perform certain tasks that must be performed by certified electricians, trial court's order sustaining the demurrer to the complaint is reversed as, plaintiffs' claims brought under section 3099 arise independently of the prevailing wage law and do not challenge the authority of the Director of the California Department of Industrial Relations to determine the scope of work or the prevailing wage. Therefore, there was no requirement that plaintiffs exhaust their administrative remedy before filing suit.

Appellate Information

  • Submitted 06/29/2010
  • Decided 06/29/2010
  • Published 06/29/2010

Judges

  • Siggins, J.

Court

  • California Court of Appeal

Counsel