Greenfield

Petitioner, Jeffrey Greenfield (Greenfield), seeks a writ of mandate directing the trial court to vacate its order denying Greenfield’s motion for summary adjudication as to real party in interest’s, Billy Blanks (Blanks), first cause of action—a violation of the Talent Agencies Act—and to enter instead an order granting the motion. Greenfield asserts the trial court erred in determining Blanks had timely filed his Talent Agencies Act cause of action pursuant to the provisions of Labor Code section 1700.44, subdivision (c).

We determine the trial court erred in denying Greenfield’s motion for summary adjudication. For the reasons stated below, we conclude that in order to toll the statute of limitations in matters involving the Talent Agencies Act, one must file the action or proceeding before the Labor Commissioner within one year of the alleged violation of the Act. Filing the action in the superior court will not serve to toll the statute of limitations. Accordingly, we grant Greenfield’s petition for writ of mandate.

Factual and Procedural Background

According to his complaint, real party in interest and plaintiff in the underlying action, Blanks is a professional…