Department of Industrial Relations v. Seaboard Surety Co.

Good Law
1996 Cal. App. LEXIS 1078·50 Cal. App. 4th 1501·58 Cal. Rptr. 2d 532·96 Daily Journal DAR 14023·3 Wage & Hour Cas.2d (BNA) 997
Court of Appeal of CaliforniaNovember 21, 1996D024620California4,048 words

Opinion

Opinion

Nares, J.

This case requires determination of the appropriate statute of limitation in an action by the Division of Labor Standards Enforcement of the State of California Department of Industrial Relations (DLSE), on behalf of workers on a public works project (Lab. Code, §§ 96.7, 98.3, subd. (a) ), for prevailing wages (§§ 1771, 1774) against the surety furnishing the payment bond required for the project (Civ. Code, §§ 3247, 3248). The trial court ruled the 90-day limitation period in section 1775 applies to bar this action by DLSE against the surety. Thus, the trial court granted the motion of Seaboard Surety Company (Seaboard) for judgment on the pleadings. DLSE appeals from the ensuing judgment.

Concluding the longer limitation period of Civil Code section 3249 applies and this action against the surety for prevailing wages is not barred under the Civil Code section, we reverse. We also determine the doctrine of collateral estoppel does not prevent DLSE from litigating this issue.

Facts

The public work in question is known as the Thornton Hospital project, with the University of California, San Diego, as the body awarding the contract to Centex Golden Construction Company…

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