Murphy v. Dell
Appellants and real parties in interest, Same Day Air Couriers of Illinois, Inc. and its affiliated corporations (the Employer) appeal from an order in favor of Plaintiff and Respondent Brian Murphy (Murphy), in this action for a writ of mandate or administrative mandamus.[1] (Code Civ. Proc., 1085, 1094.5.) In 2000, Murphy filed a claim for unpaid wages against Employer (the underlying claim) with Respondent, the California Division of Labor Standards Enforcement (the DLSE).[2] That underlying claim has never been adjudicated on the merits, although it has been the subject of several administrative and superior court proceedings. On appeal, the Employer contends that the trial court should not have granted Murphy's petition and motion to set aside an order by the Labor Commissioner's (the Commissioner) hearing officer (an order of dismissal of his underlying claim, dated May 9, 2007). According to the Employer, when Murphy filed a 2004 superior court action, which was ultimately dismissed for lack of prosecution, he made a binding election of remedies, and his underlying claim is no longer subject to adjudication on the merits. Additionally, the Employer argues this petition was untimely filed.
Comments on Murphy v. Dell