California Court of Appeal

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JKH Enter., Inc. v. Dep't of Indus. Relations, H028762

Denial of mandamus petition to overturn administrative stop work order is affirmed as plaintiff failed to show defendant abused its discretion in issuing order based on conclusion that plaintiff's drivers are properly classified as employees, instead of independent contractors as characterized by plaintiff, and that plaintiff failed to procure workers' compensation insurance for their benefit in violation of Labor Code section 3700.

Appellate Information

  • Decided 08/22/2006
  • Published 09/11/2006

Judges

  • DUFFY, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Rona Page Layton, Sims & Layton, San Jose, CA, for Plaintiff and Appellant.

  • For Appellees:
  • David M. Balter, Division of Labor Standards Enforcement, Dept. of Industrial Relations, San Francisco, CA, for Defendant and Respondent.
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