Division of Labor Law Enforcement v. Moroney

CARTER, J.

Petitioner, a division of the Department of Industrial Relations of the State of California, seeks a writ of mandate to compel the respondent, County Clerk of Los Angeles County, to accept for filing without charge a complaint in an action in which plaintiff seeks to recover as the assignee of wage claims pursuant to chapter 4, of division 1 of the Labor Code, authorizing the division to bring actions for the collection of wages where the employee needs assistance. Respondent’s refusal to accept the complaint for filing without the payment of a fee is based upon

People

v.

Moroney,

24 Cal.2d 638 [150 P.2d 888].

The issue involved is the construction of section 261b of the Code of Civil Procedure, and section 101 of the Labor Code in the light of

People

v.

Moroney, supra.

[345]

Section 261b as added to the Code of Civil Procedure in 1943 (Stats. 1943, ch. 1031) and amended in 1945 (Stats. 1945, ch. 965) after providing for the payment of annual salaries to phonographic reporters in superior courts in counties of a certain class, and establishment of a salary fund from which to pay such salaries and that no other fees shall be paid to the reporters in taking down testimony, requires that parties shall pay a fee of $3.00 when certain papers are filed or steps taken in actions in addition to any other fees. Eeference is made to section 4300a of the Political Code in regard to the instances in which fees are collected. The latter section provides what and when fees shall be charged by the clerk. In the reference to section 4300a, section 261b provides that the $3.00 fee shall be collected “where” section 4300a requires the payment of a fee to the clerk. Section 4300a contains a provision stating that “No fee shall be charged by the clerk for any service ... to the State of California.” Opposed to that is the provision in section 261b that: “Such fee [the $3] shall not be subject to Section 6103 of the Government Code.” That section (6103) reads: “Neither the State nor any county, city, district, or other political subdivision, nor any public officer or body, acting in his official capacity on behalf of the State, or any county, city, district or other political subdivision, shall pay or deposit any fee for the filing of any document or paper, for the performance of any official service, or for the filing of any stipulation or agreement which may constitute an appearance in any court by any other party to the stipulation or agreement. This section does not apply where a public officer is acting with reference to private assets or obligations which have come under his jurisdiction by virtue of his office, or where it is specifically provided otherwise.” We held in