Miller v. Foremost Motors, Inc.

Opinion

SILLS, P. J.

We transferred this case from the appellate department of the superior court on our own motion (Cal. Rules of Court, rule 62(a)) to determine whether an employer can unilaterally dismiss an action after it had appealed a Labor Commission award by seeking a trial de novo in municipal court. Consistent with the practice concerning trial de novo following arbitration, we hold an employer does not have a unilateral right to dismiss once it has filed a request for trial de novo. Accordingly, we reverse the order of the municipal court.

Facts

We adopt, in substance, the statement…