Vasquez

Plaintiff Cristina Vasquez appeals a judgment of dismissal entered after the court sustained without leave to amend the demurrer of defendants the State of California and Noreen Blonien (together the State when appropriate). We reverse the judgment and hold, as a matter of first impression, that a taxpayer action (Code Civ. Proc., § 526a) may be brought to compel the State to discharge its duty under Proposition 139, the Prison Inmate Labor Initiative of 1990, to require a private sector manufacturer’s payment of prevailing wages to inmates, given the State’s right to a percentage of inmates’ wages to defray expenses of their room and board.

Factual and Procedural Background

A discussion of legal provisions is required to place the facts in context. In November 1990 the voters approved Proposition 139 (codified in Pen. Code, § 2717.1 et seq.), which requires the Director of Corrections (the Director) to “establish joint venture programs within state prison facilities to allow joint venture employers [private businesses] to employ inmates confined in the state prison system for the purpose of producing goods or services.” (Pen. Code, § 2717.2.) The purposes of…