Legal Opinion
Department of Industrial Relations v. Atlantic Baking Co.
California Court of Appeal
Decided June 5, 2001No. B141841PublishedCited by 2 opinions
1Opinion of the Court
Opinion
BOLAND, J. *
Summary
This case addresses whether the 45-day period specified in Labor Code section 3725 for filing a petition for writ of mandate from an order of the Labor Commissioner is extended five days under the provisions of Code of Civil Procedure section 1013. We conclude that section 1013 does not apply to the jurisdictional time limit for filing a writ petition from a commissioner’s order.
Factual and Procedural Background
This case arises out of a citation by the Labor Commissioner issued to Atlantic Baking Company, Inc., for failing to provide workers’ compensation insurance…
2Cases cited6 opinions
- Camper v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1992
- Citicorp North America, Inc. v. Superior CourtCalifornia Court of Appeal · 1989
- Mario Saikhon, Inc. v. Agricultural Labor Relations BoardCalifornia Court of Appeal · 1983
- Cole v. Los Angeles Unified School DistrictCalifornia Court of Appeal · 1986
- L. C. Rudd & Son, Inc. v. Superior CourtCalifornia Court of Appeal · 1997
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3Cited by2 opinions
- Vitkievicz v. ValverdeCalifornia Court of Appeal · 2012
- Ventura Coastal v. Occupational Safety & Health Appeals Bd.California Court of Appeal · 2020