STATE BUILDING AND CONSTRUCTION TRADES COUNCIL OF CALIFORNIA, Plaintiff and Respondent,
v.
John C. DUNCAN as Director, etc., et al., Defendants and Appellants;
Southern California Housing Development Corporation, Real Party In Interest and Appellant.
State Building and Construction Trades Council of California, Plaintiff and Respondent,
v.
John C. Duncan as Director, etc., et al., Defendants and Appellants;
Southern California Housing Development Corporation, Real Party In Interest and Respondent.
Court of Appeal of California, First District, Division Two.https://leagle.com/images/logo.png
April 23, 2008.
As Modified on Denial of Rehearing May 16, 2008.
Attorney(s) appearing for the Case
Department of Industrial Relations, Office of Director—Legal Unit, Vanessa L. Holton, Chief Counsel, Douglas P. Elliot, Staff Counsel, Anthony Mischel, Industrial Relations Counsel, for Defendants and Appellants.
Altshuler Berzon LLP, Stephen P. Berzon, Scott A. Kronland, Rebekah Evenson, San Francisco; Altshuler, Berzon, Nussbaum, Rubin & Demain, for Plaintiff and Respondent.
Cox, Castle & Nicholson LLP, John S. Miller, Jr., Dwayne P. McKenzie, Los Angeles, for the California Building Industry on behalf of Plaintiff and Respondent.
Edmund G. Brown, Jr. Attorney General, Stacy Boulware Eurie, Senior Assistant Attorney General, Christopher E. Krueger, Senior Assistant Attorney General, Erin V. Peth, Deputy Attorney General for State Treasurer Bill Lockyear on behalf of Plaintiff and Respondent.
Sonnenschein Nath & Rosenthal LLP and John L. Williams, Walnut Creek; Cook Brown, LLP, Dennis B. Cook, Lisa V. Ryan, Sacramento, for Real Party in Interest.
Goldfarb & Lipman, Lee C. Rosenthal, Lynn Hutchins, Oakland, on behalf of Real Party in Interest.
Court of Appeal of California, First District, Division Two.
RICHMAN, J.
Labor Code section 1720 embodies the long-standing public policy of California to require employers engaged on public works projects to pay the prevailing wage to their workers if the project is "paid for in whole or in part out of public funds."1 The novel question presented here is whether tax credits provided by the state to facilitate construction of low-income housing comes within this definition. The trial court concluded...
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