Sales Dimensions v. Superior Court

Access Personnel, Inc., seeks a writ directing respondent superior court to vacate its orders denying discovery sought by petitioner in an underlying action and denying petitioner’s motion for consolidation of the same action with another pending in the same court.

Access Personnel, Inc., operates several employment agencies in San Francisco; one office, known as Sales Dimensions, specializes in placing individuals in sales related positions. For several years until he quit on May 10, 1977, real party in interest Andrew J. Whelan was employed by Access Personnel as the manager of the Sales Dimensions office.

After Whelan quit, Access sued him and other persons, alleging that defendants had wrongfully appropriated petitioner’s files, while they were employed by petitioner, for the purpose of competing with petitioner through Personnel Resource Corporation, a new employment agency which was established after Whelan left petitioner’s service. An amended complaint was filed, and defendants answered.

Whelan then filed a complaint with the Labor Commissioner against Access Personnel, claiming $4,500 in unpaid commissions allegedly accrued during the period of Whelan’s…