Department of Industrial Relations v. Seaboard Surety Co.

Opinion

NARES, Acting P. J.

This case requires determination of the appropriate statute of limitation in an action by the Division of Labor Standards Enforcement of the State of California Department of Industrial Relations (DLSE), on behalf of workers on a public works project (Lab. Code, §§ 96.7, 98.3, subd. (a) 1 ), for prevailing wages (§§ 1771, 1774) against the surety furnishing the payment bond required for the project (Civ. Code, §§ 3247, 3248). The trial court ruled the 90-day limitation period in section 1775 applies to bar this action by DLSE against the surety. Thus, the trial court…