Mobley
Mobley v. Los Angeles Unified School District
Opinion
Opinion
Curry, J.
Appellant Craig A. Mobley brought suit against the Los Angeles Unified School District (LAUSD), the Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE), and five individuals in a dispute arising out of his alleged failure to pay prevailing wages to his workers in connection with a school construction project. Demurrer was sustained on the ground that the petition was barred by a 60-day statute of limitations, other claims were barred by a one-year statute of limitations, and the individuals were immune from suit. We conclude that DLSE failed to afford appellant the hearing to which he was entitled and that the claim was not barred by the statute of limitations, and therefore reverse as to DLSE. We affirm as to all other parties.
Factual and Procedural Background
The Subcontract
In April 1996, appellant entered into a subcontract with general contractor Lewis Jorge Construction Management, Inc. (the contractor) to perform, in the words of the subcontract, “All ‘Lath & Plaster System’ work” on the Queen Anne Place Elementary School project for LAUSD. Under the contract, every worker was to be paid “not less than the prevailing wage rate for…