Starving Students, Inc. v. Department of Industrial Relations

Opinion

KRIEGLER, J.

Appellant Starving Students, Inc. (Employer), appeals from a judgment denying its petition for writ of mandate pursuant to Code of Civil Procedure section 1094.5. Employer sought an order directing respondent Division of Labor Standards Enforcement (DLSE) to withdraw or reduce a $100,000 penalty assessment for Employer’s failure to obtain workers’ compensation insurance from an authorized insurer. Employer contends: (1) the DLSE has discretion under Labor Code section 3727.1 to withdraw or reduce the penalty and the DLSE refused to exercise that discretion; (2) a mandatory…