Vasquez v. St. of CA 4/12/06 CA4/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: D045592

Case Date: 08/16/2006

Preview:Filed 4/12/06

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

CRISTINA VASQUEZ, Plaintiff and Respondent, v. STATE OF CALIFORNIA, Defendant and Appellant.

D045592

(Super. Ct. No. GIC 740832)

APPEAL from a judgment of the Superior Court of San Diego County, William C. Pate, Judge. Affirmed with directions. Archer Norris, Thomas S. Clifton, Colin C. Munro, Sonny T. Lee; Niddrie, Fish & Buchanan LLP, and Martin N. Buchanan for Defendant and Appellant. Law Offices of Robert Berke, Robert Berke and Joseph A. Pertel for Plaintiff and Respondent. In Vasquez v. State of California (2003) 105 Cal.App.4th 849, 851 (Vasquez I), we held as a matter of first impression that the State of California (the State) has a duty under Proposition 139, the Prison Inmate Labor Initiative of 1990, to require a private sector manufacturer's payment of comparable or prevailing wages to inmate employees. We

reversed a judgment entered for the State after the sustaining of a demurrer to Cristina Vasquez's taxpayer waste cause of action. (Code Civ. Proc.,1

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