The Motion of Defendant Daniel Maltzman for Relief from Default Judgment is DENIED. CCP Labor Code §§ 98(f), 98.1, 98.2.
In order for a person or entity to move for relief in the Superior Court from a judgment by the Labor Commissioner, that person or entity must first exhaust the administrative remedies available for an order issued pursuant to Labor Code section 98. Gonzalez v. Beck (2007) 158 Cal.App.598, 606. A party may appeal the decision or request relief from the Labor Commissioner. Labor Code §§ 98(f), 98.1, 98.2. “No right to relief, including the claim that the findings or award of the Labor Commissioner or judgment entered thereon are void upon their face, shall accrue to the defendant in any court unless prior application is made to the Labor Commissioner in accordance with this chapter.” Labor Code § 98(f).
Here, there is no indication that Defendant appealed the order of the Labor Commissioner pursuant to Labor Code section 98.2. There is no indication that the
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ENF. OF JUDGMENT - CONF. LABOR COMM AWARD (Limited Jurisdiction)
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The Motion of Defendant Daniel Maltzman for Relief from Default Judgment is DENIED. CCP Labor Code §§ 98(f), 98.1, 98.2.
In order for a person or entity to move for relief in the Superior Court from a judgment by the Labor Commissioner, that person or entity must first exhaust the administrative remedies available for an order issued pursuant to Labor Code section 98. Gonzalez v. Beck (2007) 158 Cal.App.598, 606. A party may appeal the decision or request relief from the Labor Commissioner. Labor Code §§ 98(f), 98.1, 98.2. “No right to relief, including the claim that the findings or award of the Labor Commissioner or judgment entered thereon are void upon their face, shall accrue to the defendant in any court unless prior application is made to the Labor Commissioner in accordance with this chapter.” Labor Code § 98(f).
Here, there is no indication that Defendant appealed the order of the Labor Commissioner pursuant to Labor Code section 98.2. There is no indication that the