Business Management Corp. v. Department of Industrial Relations

CURTIS, J. — 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:

“Tour applicant maintains a suite of offices which are utilized by applicant in the pursuit of said occupation and the rendition of said services at 9484 Wilshire Boulevard, Beverly Hills, California, and the applicant’s business will be conducted and transacted at said offices. The applicant on an average of several times a week will call on behalf of its clients at RKO motion picture studios, Paramount motion picture studios, and other motion picture studios in the City of Los Angeles and at motion picture studios located elsewhere in the County of Los Angeles at such localities as Culver City and upon employers of motion picture artists wherever such employers may be found and interviewed, in [28]places of business other than the premises of applicant; in hotels, restaurants or private homes in any locality in the State of California for the purpose of securing and negotiating employment for clients represented by applicant, and occasionally at such motion picture studios or elsewhere on locations where motion pictures are being produced, for the purpose of counseling or advising with said clients in connection with the rendition of artistic services by them at such places under existing contracts of employment.”

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, respondents denied petitioner’s request for a license on the ground that petitioner, under the foregoing statement detailing the proposed scope of its field operations, intended to conduct its business not only in the city of Beverly Hills but also in the city of Los Angeles, which latter place had a population in excess of 100,000, and, therefore, the annual license fee would be $100 pursuant to the provisions of section 1588 of the Labor Code, which reads as follows: