People v. Valdivia

State: Illinois

Court: 2nd District Appellate

Docket No: 2-10-0998 Official Reports

Case Date: 08/16/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

People ex rel. Department of Labor v. Valdivia, 2011 IL App (2d) 100998

Appellate Court Caption

THE PEOPLE ex rel. THE DEPARTMENT OF LABOR, Plaintiff, v. PEDRO VALDIVIA, Individually and d/b/a V&A Landscaping, Defendant and Third-Party Plaintiff-Appellant (Pasqualino Divito, Individually and d/b/a Patnick Construction, Inc., Third-Party DefendantAppellee).

District & No.

Second District Docket No. 2-10-0998 August 16, 2011 In an action alleging that defendant subcontractor violated the Prevailing Wage Act, the trial court properly dismissed the subcontractor's thirdparty complaint against the general contractor seeking contribution for any judgment entered against it based on the allegation that the general contractor failed to comply with the notice requirements of the Act.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of Du Page County, No. 09-L-1345; the Hon. John T. Elsner, Judge, presiding.

Judgment

Affirmed.

Counsel on Appeal

Lance C. Ziebell, of Lavelle Law, Ltd., of Palatine, for appellant. David N. Michael and Joseph P. Bonavita, both of Gould & Ratner LLP, of Chicago, for appellee.

Panel

JUSTICE ZENOFF delivered the judgment of the court, with opinion. Justices Hutchinson and Birkett concurred in the judgment and opinion.

OPINION

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