MONTEREY/SANTA CRUZ COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL v. CYPRESS MARINA HEIGHTS LP Part-I
Plaintiffs,[1] who are labor organizations, an association of contractors, and two City of Marina taxpayers, prevailed in their action for declaratory and injunctive relief against Cypress Marina Heights LP (CMH). CMH had acquired Fort Ord land from the City of Marina's Redevelopment Agency (MRDA) for the development of CMH's Marina Heights project. MRDA had acquired that land from the Fort Ord Reuse Authority (FORA). Deed covenants in the FORA/MRDA deeds required payment of the prevailing wage to workers on all development of the land. CMH refused to commit to pay the prevailing wage to workers on the Marina Heights project. It claimed that its purchase agreement with MRDA did not require payment of the prevailing wage. The trial court granted plaintiffs' summary adjudication motion and found that it was undisputed that CMH was required to pay the prevailing wage on the Marina Heights project. The court thereafter entered judgment for plaintiffs and awarded plaintiffs their attorney's fees under Code of Civil Procedure section 1021.5.
CMH appeals. It claims that triable issues of fact precluded summary adjudication of the prevailing wage issue. CMH also contends that the trial court abused its discretion in awarding plaintiffs their attorney's fees and awarded plaintiffs an excessive amount of fees. We find no error or abuse of discretion in the trial court's rulings and affirm the judgment.
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