Becerra
Associated Builders & Contractors of California Cooperation Committee, Inc. v. Becerra
Opinion
Lead Opinion
Honbenitez, J.
ORDER:
(1)GRANTING DEFENDANT BECERRA’S MOTION TO DISMISS [ECF No. 6];
(2) DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION [ECF No. 11]; and
(3) GRANTING DEFENDANT SU’S MOTION TO DISMISS AND DEFENDANT BAKER’S MOTION FOR JUDGMENT ON THE PLEADINGS [ECF No. 17]
This case concerns the constitutionality of California Senate Bill (“SB”) 954, a law that amends part of California’s prevailing wage law. Before passage of the law, both unionized and non-union employers were entitled to the same benefit. However, with the enactment of SB 954, the Legislature of the State of California made a political decision to take away that benefit from non-union employers. Unionized employers retain the benefit. The fight over the constitutionality of SB 954 continues the ongoing fight between unions and open shops in this state.
Unlike the California Legislature, this Court is not a political institution. It does not act politically or personally. It is a court of law bound by prior precedent. As such, upon consideration of the issues and controlling authority, the Court is compelled to grant Defendants’ motions and disrhiss Plaintiffs’ complaint.