Internat. Brotherhood of Elec. Workers Local 595 v. B Side
The International Brotherhood of Electrical Workers, Local 595 (the Union) commenced this action in an effort to enforce a stop notice, and to recover $159,262.72 against B Side, Inc. (B Side), the primary contractor on a construction project for the Oakland Unified School District (the School District). The Union appeals after the trial court granted B Side’s motion for judgment on the pleadings without leave to amend based on the trial court’s finding that the Union had failed to establish standing to enforce the stop notice on a public work of improvement.[1] We conclude that while the trial court’s finding was correct based on the allegations made in the Union’s original complaint, this case must be reversed and remanded because the trial court abused its discretion by granting the motion without leave to amend. The Union should be allowed an opportunity to remedy deficiencies in its complaint, such as adding: (1) additional named plaintiffs; (2) allegations clarifying the basis for the Union’s argument that it was a proper claimant under the stop-notice statutes because it conferred “skill or other necessary services on†the project (§§ 3110; 3181); and (3) allegations attempting to fit within the statutory definition of “laborer†(§ 3089, subd. (b)). Consequently, we reverse with directions to grant the motion with leave to amend.[2]
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