Miller v. Foremost Motors, Inc.

Good Law
16 Cal. App. 4th 1271·1993 Cal. App. LEXIS 677·20 Cal. Rptr. 2d 503·93 Daily Journal DAR 8131·93 Cal. Daily Op. Serv. 4887
Court of Appeal of CaliforniaJune 25, 1993G014114California1,516 words

Opinion

Opinion

Sills, J.

We transferred this case from the appellate department of the superior court on our own motion (Cal. Rules of Court, rule 62(a)) to determine whether an employer can unilaterally dismiss an action after it had appealed a Labor Commission award by seeking a trial de novo in municipal court. Consistent with the practice concerning trial de novo following arbitration, we hold an employer does not have a unilateral right to dismiss once it has filed a request for trial de novo. Accordingly, we reverse the order of the municipal court.

Facts

We adopt, in substance, the statement of facts contained in the opinion of the appellate department of the superior court. On November 25, 1991, plaintiff Stella R. Miller obtained an award of $655.35 from the Labor Commissioner for a commission due on a mobilehome sale. Defendant Foremost Motors, Inc. (Foremost), Miller’s employer, appealed the Labor Commissioner’s award pursuant to Labor Code section 98.2. Under that statute, an “appeal” takes the form of a trial de novo in the appropriate court; here, because of the amount of the award, the trial de novo would take place in municipal court.

Shortly before trial was scheduled to…

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