Legal Opinion

Baker v. Aubry

California Court of Appeal

Decided December 22, 1989No. A045093PublishedCited by 29 opinions

1Opinion of the Court

Opinion

MERRILL, J.

Appellant Nancy Jane Baker filed a complaint with respondent State of California Labor Commissioner (hereinafter Commissioner), seeking overtime pay from her former employer, respondent Fidelity Brokerage Services, Inc. (hereinafter Fidelity). At the hearing on Baker’s complaint, Fidelity challenged the Commissioner’s jurisdiction by asserting that the matter was subject to arbitration. After taking the jurisdictional objection under submission, the Commissioner dismissed Baker’s complaint “[f]or want of statutory jurisdiction.”

By her petition for writ of mandate, Baker…

2Cases cited11 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  3. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  4. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
  5. Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981

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3Cited by29 opinions

  1. Lorrie Poublon v. C.H. Robinson Co.Court of Appeals for the Ninth Circuit · 2017
  2. Stirlen v. Supercuts, Inc.California Court of Appeal · 1997
  3. Shaw v. Regents of University of CaliforniaCalifornia Court of Appeal · 1997
  4. Hoover v. American Income Life InsuranceCalifornia Court of Appeal · 2012
  5. Cione v. Foresters Equity Services, Inc.California Court of Appeal · 1997

24 more not listed; retrieve them via the Exa API.

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