Kray Cabling Co. v. County of Contra Costa

The Division of Labor Standards Enforcement (DLSE) appeals a judgment by court trial in favor of respondent Kray Cabling Company, Inc., on the DLSE’s action for wage deficiencies. It contends the trial court erred in concluding its action was time barred, and in awarding respondent attorney fees under Code of Civil Procedure section 1028.5. We affirm.

Facts

The facts are not disputed. On July 8, 1992, Contra Costa County (County) issued a purchase order to Data General Corporation for computer hardware and its installation at Merrithew Hospital, a County facility. On September 9, 1992, Data General entered into a contract with Premises One for the installation. In November 1992 Premises One subcontracted the installation to respondent. During installation the California Office of Statewide Health Planning and Development (State) determined that the hospital’s existing electrical system was inadequate to support the new computer system. On February 25, 1993, the County issued a purchase order directly to respondent to bring the electrical system up to state requirements.

The State required the County to engage an approved inspector to monitor the electrical work and…