Landeros

*273 Opinion

1. Introduction

Plaintiffs were construction workers on a prison built by Maranatha Production Company, L.L.C. (Maranatha) for the Department of Corrections of the State of California (Department). When plaintiffs were not paid prevailing wage on the project, they filed a class action lawsuit against various defendants, including Maranatha and the Department. After several procedural skirmishes, the lower court sustained the Department’s demurrer to the second amended complaint without leave to amend. Now plaintiffs appeal, arguing their claims are viable against the Department for failure to discharge a mandatory statutory duty and for breach of contract as a third party beneficiary.

We reject plaintiffs’ reliance on two cases, Aubry v. Tri-City Hospital Dist., 1 and Walt Rankin & Associates, Inc. v. City of Murrieta. 2 As a general rule, construction workers on a public project cannot recover prevailing wages from a public entity on either the tort or contract theory advanced by plaintiffs. We affirm the judgment.

2. Standard of Review

The Aubry case articulates the proper standard of review: “On appeal from a judgment dismissing an action after sustaining a…