Business Management Corp. v. Department of Industrial Relations

— Petitioner sought a writ of mandamus in the District Court of Appeal, Second District, Division Two, to compel the respondent department to grant petitioner a license to conduct business as a motion picture employment agency under a statutory classification applicable to the location of its office in the city of Beverly Hills. The writ issued as prayed. Thereafter a petition by respondents for hearing in this court was granted.

There is no conflict as to the material facts upon which this proceeding was predicated. On January 26, 1942, petitioner filed with respondents an application for a license to operate a motion picture employment agency in the city of Beverly Hills, pursuant to the provisions of the Labor Code of California, division II, part 6, chapter 1. The city of Beverly Hills has a population in excess of 25,000 and not exceeding 100,000.

In the form of application furnished petitioner by respondents was the query “Places where agency will operate,” which question petitioner answered as follows:

At the time of filing with respondents the aforesaid application petitioner tendered a check in the sum of $50 as payment of the annual license fee. On January 28, 1942,…