Breazell v. Marquez




Filed 6/2/11 Breazell v. Marquez CA5







NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT

MICHAEL BREAZELL, Plaintiff and Appellant, v. JOHN MARQUEZ et al., Defendants and Respondents.

F058491 (Fresno Sup. Ct. No. 09CECG00858) OPINION

APPEAL from a judgment of the Superior Court of Fresno County. Jeffrey Y. Hamilton, Judge.
Michael Breazell, in pro. per., for Plaintiff and Appellant.
No appearance by John Marquez and Cora Marquez, Defendants and Respondents.
-ooOoo-
STATEMENT OF THE CASE
On or about March 5, 2009, the Labor Commissioner of the State of California filed an order in state case No. 04-45258 bm. The Commissioner ordered that appellant Michael Breazell take nothing by virtue of his complaint against respondents John Marquez and Cora Marquez,^[1] each individually doing business as J & C Transport.
On June 12 and 26, 2009, the Fresno County Superior Court conducted a contested trial de novo of appellant's claim against the Marquezes.
On June 29, 2009, the superior court filed a judgment following the Labor Commissioner's order finding respondents delayed appellant's final wage payment by three days and ordering that respondents pay appellant a penalty under Labor Code section 203 of $465 ($15.50 x 10/hours per day x 3 days).
On July 30, 2009, appellant filed a timely notice of appeal.^[2]
STATEMENT OF FACTS
Findings of Fact of the Labor Commissioner
The following facts are taken from the order, decision, or award of the Labor Commissioner dated March 5, 2009:

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