Minako America Corporation v. California Department of Industrial Relations, et al., 19STCP00679
Tentative decision on petition for writ of mandate: granted
Petitioner Minako America Corporation dba Minco Construction, (“Minco”) petitions for a writ of mandate compelling Respondents California Department of Industrial Relations and Andre Schoorl, in his capacity of Acting Director (“Director”) (collectively, the “Department”) to overturn its decision upholding the issuance of Civil Wage and Penalty Assessment (“CWPA”) against Minco in DIR Case No. 15-0275-PWH, DLSE Case No. 40-40582-412 (“Decision”).
The court has read and considered the moving papers, opposition, and reply,[1] and renders the following tentative decision.
A. Statement of the Case
Petitioner Minco commenced this proceeding on March 6, 2019, alleging causes of action for mandamus and declaratory relief. The verified Petition alleges in pertinent part as follows.
Minco is the prime contractor on a Job Order Contrac
Hearing Date
February 20, 2020
Type
Writ - Administrative Mandamus (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Minako America Corporation v. California Department of Industrial Relations, et al., 19STCP00679
Tentative decision on petition for writ of mandate: granted
Petitioner Minako America Corporation dba Minco Construction, (“Minco”) petitions for a writ of mandate compelling Respondents California Department of Industrial Relations and Andre Schoorl, in his capacity of Acting Director (“Director”) (collectively, the “Department”) to overturn its decision upholding the issuance of Civil Wage and Penalty Assessment (“CWPA”) against Minco in DIR Case No. 15-0275-PWH, DLSE Case No. 40-40582-412 (“Decision”).
The court has read and considered the moving papers, opposition, and reply,[1] and renders the following tentative decision.
A. Statement of the Case
Petitioner Minco commenced this proceeding on March 6, 2019, alleging causes of action for mandamus and declaratory relief. The verified Petition alleges in pertinent part as follows.
Minco is the prime contractor on a Job Order Contrac