Bollotin v. Workman Service Co.

SHINN, P. J.

Appellant brought this proceeding against Workman Service Company, Office Workers (Agency) of California, doing business as Office Workers Agency, Division of Labor Law Enforcement, Department of Industrial Relations, State of California, and certain of its officers and employees, naming also numerous individuals as respondents. She petitioned for a writ of mandate; her application for an alternative writ was denied and she appeals.

None of the persons or bodies named as respondents appeared in the trial court. The Division of Labor Law Enforcement, Department of Industrial Relations, State of California, has moved to dismiss the appeal as against it upon the ground that by means of proceedings had before it, subsequent to the institution of the instant proceeding, the real matter in controversy between appellant and the division was ended by a determination duly and regularly made by the division with respect to the matters of which appellant complains against the division and its officers. In support of the claim that the issues raised by the petition have become moot and that any judgment rendered against the division would be fruitless, an affidavit of a deputy attorney general was filed, and petitioner having presented an opposition, the motion was submitted. Subject to the court’s ruling on the motion, the appeal was submitted on the merits.

Reduced to their essentials, insofar as they relate to the actions of the department, the facts are as follows: Workman Service Company and Office Workers Agency are private employment agencies; certain individuals named as defendants are employees of said agencies. In August and in November 1953, appellant applied to said agencies for employ

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ment and was referred to a certain lawyer; she was engaged by the lawyer and obtained his written verification that she had worked 26 hours; she demanded payment from Office Workers Agency on November 12th and 13th and was informed the agency paid only on the 5th and 19th of the month; on November 25th she received a check for $40.46 from Office Workers Agency; on November 30th she received a communication from the Labor Commissioner to the effect that his office had been unable to secure an adjustment of the claim; that he had no power to render judgment in disputed matters and advising appellant to go to the small claims court. The foregoing are allegations found in the petition. They are all the facts alleged which relate to the duty of the division to take official action in the matter of appellant’s application to the division with respect to her claim for compensation for her services.