Abraham Lehr, Inc. v. Cortez

BISHOP, J. pro tem.

It was error to enter a judgment dismissing plaintiff’s amended complaint, even though it appeared that plaintiff’s cause of action arose in connection with an employment agency contract and it did not appear that plaintiff had referred its controversy with the defendant to the State Labor Commissioner before appealing to the superior court for relief.

The contention of the defendant in support of the judgment is that this action was prematurely brought because there had been no prior compliance with the first sentence of section 1647, Labor Code, which reads: “In all eases…