Prieto

Plaintiff, Geraldo Macias Prieto, appeals from a condition in the superior court order granting him, pursuant to Code of Civil Procedure section 473, relief from a default. The condition is that he pay defendant, Esperanza Rivero, $300 in attorney’s fees.

The appeal lies. (Code Civ. Proc., § 904.1, subd. (b); 6 Witkin, Cal.Procedure (2d ed. 1971) Appeal, pt. I, § 88, p. 4097.) For reasons that follow, we intend to modify the order under appeal and affirm it as modified.

Facts

Pursuant to Labor Code section 98.2, subdivision (a), defendant appealed from an order of the Labor Commissioner awarding plaintiff $1,125.63 from her. The appeal was duly set for trial on August 7, 1978, and the clerk of the superior court duly gave notice by mail of this setting to both parties to the appeal. (See Code Civ. Proc., § 594, subd. (b).) 1 *277 Plaintiff received such notice on or about July 3, 1978, but he did not then realize that, pursuant to Labor Code section 98.4, the Labor Commissioner was going to represent him in the appeal. 2 Apparently the attorney in the Labor Commissioner’s office in Los Angeles, to whom the appeal had been assigned, never received this notice or any…