TENTATIVE RULING:
Writ Petition
Petitioners Barry Konier and KS Carwash LLC (dba Town & Country Hand Car Wash) seek a writ of administrative mandate compelling the Labor Commissioner to vacate its 7/13/17 decision to impose damages and penalties for various wage and hour violations. The initial citation sought $180,070 jointly and severally from each petitioner, but the hearing officer reduced that amount to $104,541.92 for Konier and $148,210.92 for KS Carwash LLC. (CCP 1094.5.)
The court is inclined to GRANT the petition as to issue 5 (f) and issue 7 below and to DENY the petition as to all other issues. However, at the parties’ election, the court is inclined to permit further briefing as to issue 7 below.
A. Standard of Review
Petitioners argue correctly that where the underlying facts are not in dispute, then the ultimate question of procedural fairness -- whether Petitioners received a fair administrative hearing -- is a pure question of law subject to de novo review by the court
Hearing Date
May 02, 2018
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TENTATIVE RULING:
Writ Petition
Petitioners Barry Konier and KS Carwash LLC (dba Town & Country Hand Car Wash) seek a writ of administrative mandate compelling the Labor Commissioner to vacate its 7/13/17 decision to impose damages and penalties for various wage and hour violations. The initial citation sought $180,070 jointly and severally from each petitioner, but the hearing officer reduced that amount to $104,541.92 for Konier and $148,210.92 for KS Carwash LLC. (CCP 1094.5.)
The court is inclined to GRANT the petition as to issue 5 (f) and issue 7 below and to DENY the petition as to all other issues. However, at the parties’ election, the court is inclined to permit further briefing as to issue 7 below.
A. Standard of Review
Petitioners argue correctly that where the underlying facts are not in dispute, then the ultimate question of procedural fairness -- whether Petitioners received a fair administrative hearing -- is a pure question of law subject to de novo review by the court