Cuadra v. Bradshaw
Decision Date | 24 March 1997 |
Docket Number | Nos. A073632,A075040,s. A073632 |
Citation | 53 Cal.App.4th 869,62 Cal.Rptr.2d 102 |
Parties | Previously published at 53 Cal.App.4th 869 53 Cal.App.4th 869, 3 Wage & Hour Cas.2d (BNA) 1448, 97 Cal. Daily Op. Serv. 2123, 97 Daily Journal D.A.R. 3890 Maria Luisa CUADRA et al., Plaintiffs and Respondents, v. Victoria BRADSHAW, as Labor Commissioner, etc., Defendant and Appellant. |
Court | California Court of Appeals Court of Appeals |
H. Thomas Cadell, Jr., Division of Labor Standards Enforcement, San Diego, for Appellant.
Laura Ho, Lora Jo Foo, Asian Law Caucus, San Francisco, Cynthia L. Rice, Salinas, William G. Hoerger, California Rural Legal Assistance, San Francisco, for Respondents.
In this case, we decide that the statute of limitations for an administrative claim filed under LABOR CODE SECTION 981 is tolled upon the date the claim is filed. Labor Commissioner Victoria Bradshaw contends that the applicable statute of limitations period is tolled only upon the date of the administrative hearing determining the claim. We disagree and affirm the trial court's judgment granting the petition for writ of mandate.
Petitioners filed claims for unpaid wages with the Labor Commissioner pursuant to section 98, subdivision (a). They alleged that due to the Labor Commissioner's policy of not tolling the statute of limitations upon the filing of claims, their claims for unpaid wages were limited to the three year period immediately preceding the hearing or decision on the claims. As a result, petitioners claimed that they were denied back wages due to routine delays of months and in some cases over a year in hearing and resolving claims. Petitioners therefore brought this declaratory relief action seeking a writ of mandate directing the Labor Commissioner to rescind its "no tolling policy." The trial court granted the writ, finding that the Labor Commissioner's act in not tolling the statute of limitations upon the date of a claim's filing was an abuse of discretion. The court entered judgment declaring that "for all claims processed under the Labor Code Section 98 administrative ("Berman") 2 hearing process by any office of the Labor Commissioner and not finally resolved as of January 5, 1996, the Labor Commissioner shall calculate wages, damages, penalties and interest due, using the applicable statute of limitation, from the date of the claim filing, not the date of the actual administrative [h]earing." This appeal followed.
Pursuant to Code of Civil Procedure section 1085, a writ of mandamus "may be issued by any court ... to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...." The writ must be issued in all cases in which there is not a plain, speedy and adequate remedy at law. (Code Civ.Proc., § 1086.)
The Labor Commissioner contends that her interpretation that section 98 affords her no authority to toll the statute of limitations is entitled to great weight. Citing two bills that were introduced to toll the statute of limitations, she argues that the Legislature has acquiesced in her interpretation.
" " (Hudgins v. Neiman Marcus Group, Inc. (1995) 34 Cal.App.4th 1109, 1125, 41 Cal.Rptr.2d 46, quoting Steelgard, Inc. v. Jannsen (1985) 171 Cal.App.3d 79, 88, 217 Cal.Rptr. 152.) Here, however, the Labor Commissioner did not act contemporaneously with the enactment of section 98 in implementing its policy on the statute of limitations. Although the Labor Commissioner asserts that its policy was adopted in 1977, a year after section 98 was promulgated, she fails to cite to anything in the record to support this fact. As the appellant, it is the Labor Commissioner's duty to cite evidence to support her position. (Cal. Rules of Court, rule 15.) We are not required to make an independent search of the record when that duty is ignored. (See 9 Witkin, Cal. Procedure (3d ed. 1985) Appeal, § 475, pp. 467-468; Haynes v. Gwynn (1967) 248 Nor is the Labor Commissioner's reliance on two unpassed bills 6 entitled to any consideration. First, the proposed legislation was not presented to the trial court, and the general rule is that an appellate court should not take judicial notice of matters that have not been presented and considered by the trial court in the first instance. (See People v. Hardy (1992) 2 Cal.4th 86, 134, 5 Cal.Rptr.2d 796, 825 P.2d 781; Coy v. County of Los Angeles (1991) 235 Cal.App.3d 1077, 1083, fn. 3, 1 Cal.Rptr.2d 215.) Second, it is well settled that very limited guidance can be drawn from the Legislature's inaction on a proposed amendment to an existing statute. (Grupe Development Co. v. Superior Court (1993) 4 Cal.4th 911, 922-923, 16 Cal.Rptr.2d 226, 844 P.2d 545.) ' " " ' (Ibid., quoting Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721, 735, fn. 7, 180 Cal.Rptr. 496, 640 P.2d 115.)
Cal.App.2d 149, 151, 56 Cal.Rptr. 82.) Petitioners cite evidence to the effect that the policy was not contemporaneous as it was either formulated "at least twenty years [ago]" (see Letter from H. Thomas Cadell, Jr., Chief Counsel, Division of Labor Standards Enforcement to Lora Jo Foo and Laura Ho (August 28, 1995), p. 1) antedating the enactment of section 98 or on October 28, 1994, the date of the issuance of the "DLC (Division of Labor Standards Enforcement) Policy and Procedure Guidelines No. 94-5 DLC." 5 In either event, the Labor Commissioner did not establish that the policy was contemporaneous with the enactment of section 98 and we need not defer to her interpretation of the statutory scheme
The Labor Commissioner also argues that tolling the statute of limitations is improper because it would interfere with her administration of wage claims. She contends that section 98 requires her to investigate claims and that she cannot notify an employer of a potential claim until this investigation is complete. Hence, she...
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Cuadra v. Bradshaw
...Respondents, v. Victoria BRADSHAW, etc., Appellant. No. S061138. Supreme Court of California. June 25, 1997. Prior report: Cal.App., 62 Cal.Rptr.2d 102 Appellant's petition for review GEORGE, C.J., and MOSK, KENNARD, BAXTER and CHIN, JJ., concur. ...