Filed 11/22/05; pub. order 12/21/05 (see end of opn.)

 

 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

FIRST APPELLATE DISTRICT

 

DIVISION TWO

 

 

GREYSTONE HOMES, INC., Plaintiff and Appellant, v. CHUCK CAKE, as Acting Director, etc., et al. Defendants and Respondents;	A107763 A107769   (Contra Costa County Super. Ct. No. MSN 03-1234)
PLEASANT HILL REDEVELOPMENT AGENCY, Defendant and Appellant.

 

 

I. INTRODUCTION

The question presented by this appeal is whether a project to build a housing development in Pleasant Hill constituted a public work subject to California's Prevailing Wage Law (PWL).[1] Both the Department of Industrial Relations (DIR) and the lower court found that the project was a public work. The Developer, Greystone Homes, Inc. (Greystone), and the Pleasant Hill Redevelopment Agency (the Agency) disagree and have filed separate appeals from a judgment denying Greystone's petition for writ of mandate.

This court consolidated the two appeals. Respondents are the DIR, the Acting Director of the DIR at the relevant time, Chuck Cake (the Director), and four labor organizations who obtained the public work determination from the Director in this case (the Union respondents). We hold that the project at issue was not a public work and, therefore, reverse the judgment.

II. STATEMENT OF FACTS

A. The Redevelopment Project

The Agency solicited proposals from interested parties to redevelop the â€