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CITY OF EL CENTRO v. LANIER

No. D066755.

245 Cal.App.4th 1494 (2016)

200 Cal.Rptr.3d 376

CITY OF EL CENTRO et al., Plaintiffs and Appellants, v. DAVID LANIER, as Secretary, etc., et al., Defendants and Respondents; STATE BUILDING & CONSTRUCTION TRADES COUNCIL OF CALIFORNIA, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

March 29, 2016.

Attorney(s) appearing for the Case

Lounsbery Ferguson Altona & Peak, James P. Lough , Alena Shamos ; Richards, Watson & Gershon, T. Peter Pierce and Youstina N. Aziz for Plaintiffs and Appellants.

Altshuler Berzon, Scott A. Kronland and Zoe Palitz for Real Party in Interest State Building and Construction Trades Council of California, AFL-CIO.

Kamala D. Harris , Attorney General, Douglas J. Woods , Assistant Attorney General, Mark R. Beckington , Kim L. Nguyen and Paul Stein , Deputy Attorneys General, for Defendants and Respondents David Lanier, Christine Baker, Julie A. Su and the State of California.

Renne Sloan Holtzman Skai, Jonathan V. Holtzman , Randy Riddle and Steve Cikes for League of California Cities as Amicus Curiae on behalf of Plaintiffs and Appellants.

Jennifer B. Henning for California State Associations of Counties as Amicus Curiae on behalf of Plaintiffs and Appellants.

Atkinson, Andelson, Loya, Ruud & Romo, Robert Fried and W. Bryce Chastain for Associated Builders & Contractors of California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Olson, Hagel & Fishburn, Lance H. Olson , Deborah B. Caplan and Richard C. Miadich for California State Legislature as Amicus Curiae on behalf of Defendants and Respondents.

OPINION

In 2013, the Legislature adopted Labor Code section 1782, which prohibits a charter city from receiving or using state funding or financial assistance for a public construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with the state prevailing wage laws. (Lab...

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