Baker
Cinema W., LLC v. Baker
Opinion
Lead Opinion
Stewart, J.
*197 This appeal concerns whether the construction of a movie theater built by Cinema West, LLC in Hesperia, California qualifies as a "public work" within the meaning of California's prevailing wage law ( Lab. Code, §§ 1720 - 1861 1 ) (the PWL), which provides that, with certain exceptions, the prevailing wage "shall be paid to all workers employed on public works." (§ 1771.) In administrative proceedings initiated by a labor union, respondent Christine Baker, Director of the State Department of Industrial Relations (Director), 2 concluded that it did. Cinema *418 West filed a petition for writ of mandate challenging the Director's decision, which the superior court denied. This appeal followed. Applying substantial evidence review to the superior court's factual findings and de novo review to its application of the PWL to the facts, we find no error and therefore affirm. *198 BACKGROUND
Facts
In 2004, the City of Hesperia (City) 3 began acquiring vacant property in its downtown to facilitate development of a Civic Plaza, which was to include a city hall, public library, other government buildings and "complimentary retail, restaurant, and entertainment establishments." The…