Humes

This is an appeal from judgment confirming a determination of the Labor Commissioner.

I

Facts

In 1978, Mary-Margaret Humes, an actress, and Gilbert A. Cabot entered into an oral agreement whereby Cabot would act as personal manager for Humes. In 1980, Humes and Cabot formed a theatrical production company, MarGil Ventures, Inc., for the purpose of developing and advancing Humes’ professional acting career. Humes entered into a written exclusive employment agreement with MarGil. The relationship between Humes and Cabot deteriorated, and, in May 1981, Humes brought an action against Cabot and MarGil in superior court (No. C366499) seeking involuntary dissolution of the corporation, removal of Cabot as director, rescission of the written employment agreement, accounting, and damages for fraud. Ca bot and MarGil cross-complained against Humes. Various motions were brought, and extensive discovery conducted.

With the superior court action still pending, Humes filed a petition to determine controversy under Labor Code section 1700.44 on August 26, 1981, with the California Labor Commissioner, alleging that Cabot and MarGil acted on her behalf in the capacity of “talent…