Margarito VIOLANTE et al., Plaintiffs and Appellants,
v.
COMMUNITIES SOUTHWEST DEVELOPMENT AND CONSTRUCTION COMPANY et al., Defendants and Respondents.
Court of Appeals of California, Fourth District, Division Two.https://leagle.com/images/logo.png
March 16, 2006.
March 16, 2006.
Attorney(s) appearing for the Case
Law Offices of Herb Fox, Herb Fox, Santa Barbara; Donahoo & Associates and Richard E. Donahoo, Santa Ana, for Plaintiffs and Appellants.
Mundell, Odlum & Haws and James A. Odlum, San Bernardino, for Defendant and Respondent Yucaipa Valley Acres.
Gresham, Savage, Nolan & Tilden, Theodore K. Stream, Riverside, William C. Holzwarth, San Bernardino; Cox, Castle & Nicholson, John S. Miller, Jr. and Dwayne P. McKenzie Los Angeles, for Defendants and Respondents Communities Southwest Development et al.
Weinberg, Roger & Rosenfeld, Sandra Rae Benson, Pasadena, Patricia M. Gates and Roberta D. Perkins, Oakland, for Northern California Electrical Construction Industry Labor-Management Cooperative Trust and Work Preservation Fund, a non-profit labor/management cooperative venture and Northern California Basic Crafts Alliance on behalf of Plaintiff and Appellant Margarito Violante.
Court of Appeals of California, Fourth District, Division Two.
OPINION
GAUT, J.
1. Introduction
We hold that a subcontractor's employee on a public works project cannot sue the prime or general contractor on theories of statutory or contractual liability for the nonpayment of prevailing wages by the subcontractor, the employee's direct employer. Although both sides on this issue have advanced compelling public policy arguments in favor of their respective...
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