Brewer v. Premier Golf Properties
Christine Brewer, a waitress employed at the Cottonwood Golf Club restaurant, filed an action against her employer, Premier Golf Properties, LP, dba Cottonwood Golf Club (Cottonwood) asserting numerous causes of action. Among her claims were causes of action for violations of various Labor Code[1]sections, including the meal break and rest break requirements ( 226.7), the pay stub requirements ( 226) and the minimum wage requirements ( 203/1197). Brewer's action sought wages, penalties and attorney fees under the provisions of the Labor Code.
In this appeal, Cottonwood challenges the trial court's order denying its motion to set aside portions of the judgment as void under Code of Civil Procedure section 473, subdivision (d) (section 473, subdivision (d)). Cottonwood's motion principally argued the judgment granting various forms of relief under the Labor Code was void because (1) Brewer had not exhausted her administrative remedies, and (2) the statute of limitations barred the award of some of the penalties. The trial court denied the motion, and this appeal followed. The order is affirmed.
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