Bain

FACTS AND PROCEDURAL HISTORY

As set forth in detail in Bain II, Bain worked for TRI for seven weeks in January and February 2005 as a tax preparer and accountant. Bain left the job in February 2005. A dispute arose between the parties on the question whether Bain was an employee or an independent contractor. Bain filed a claim with the Labor Commissioner, who determined that Bain was an employee and awarded Bain $7,700 in wages, and $6,600 as a waiting time penalty (Lab. Code, § 203). After adding interest, the total award was $15,105.86. TRI appealed the Labor Commissioner’s decision to the superior court in Santa Clara County Superior Court Case No. 1-06-CV063080. In December 2006, on the eve of trial, the parties entered into a judicially supervised settlement and the case was placed

2 All further statutory references are to the Code of Civil Procedure unless otherwise stated. 2 on the dismissal calendar. After that, however, the parties were unable to agree on the terms of a written release. Later, after confirming that TRI’s lawsuit (Case No. 1-06-CV063080) had been dismissed, Bain filed a new case in May 2008, the instant action, to enforce the judicially supervised…