U.S. Court of Appeals for the Ninth Circuit, 2009

Wood v. Valentine Surfacing

U.S. Court of Appeals for the Ninth Circuit · Decided March 20, 2009 · Bea, Callahan, Hug

320 F. App'x 542

Counsel

Mark R. Thierman, Esq., Thierman Law Firm, Reno, NV, for Plaintiffs-Appellants., Mark R. Thierman, Esq., Porter-Simon, P.C., Truckee, CA, for Defendant-Appel-lee.

Cases that cite this one

1 later published case cites this decision.

Trustees of Operating Engineers Pension Trust v. Thornton Concrete Pumping, Inc. (District Court, D. Nevada 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MEMORANDUM **

Scott Wood and other truck driver plaintiffs sued Valentine Surfacing (“Valentine”) because Valentine did not ensure that plaintiffs’ employer, Harco Company (“Harco”), paid the plaintiffs salaries at “prevailing wage” rates for work performed on California and Nevada public works contracts. Valentine successfully moved for summary judgment on the ground that since it did not employ Wood and his fellow plaintiffs, it was not obligated under California law1 to ensure Harco paid them “prevailing wages”; similarly, since Valentine had not contracted with the State of Nevada2 and was not an “original contractor” under Nevada law,3 it was under no such obligation. The record supports Valentine. Thus, we affirm the judgment of the district court.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

. Violante v. Cmts. Sw. Dev. and Constr. Co., 138 Cal.App.4th 972, 978, 41 Cal.Rptr.3d 673 (2006).

. Nev.Rev.Stat. § 338.020.

. Nev.Rev.Stat. § 608.150(1); see Black's Law Dictionary, “original contractor” (8th ed. 2004); Schuler v. Golden, 37 Nev. 281, 142 P. 221, 224 (1914) (differentiating an "original contractor” from a "subcontractor”).

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