Martin

Plaintiffs REO Broadcasting Consultants (REO), Richard E. Oppenheimer (Oppenheimer), and Gilbert A. Cabot (Cabot) (collectively plaintiffs) sued defendant Michelle Edith Martin, also known as Michelle Wright (defendant), in superior court for breach of a contract whereby Cabot, through REO, a partnership composed of Cabot and Oppenheimer, was to render marketing and career consulting services to defendant, a country-western singer. In response, defendant filed a “petition to determine controversy” with the Labor Commissioner (the Commissioner), pursuant to Labor Code section 1700 et seq., and filed a motion to stay the superior court action pending a determination by the Commissioner, which motion was granted.

The Commissioner issued a ruling voiding the contract in question. Plaintiffs failed to file a timely notice of appeal from the Commissioner’s determination, which therefore became final. Defendant then moved to dismiss the superior court action, and plaintiffs moved for leave to file an amended complaint which would allege, in addition to the existing breach of contract claim against defendant, a cause of action for declaratory relief in the form of a declaration…