DEACON CORP VS LABOR COMMISSIONER STATE OF CALIFORNIA ET AL

Case No.: BS170083    



Deacon Corp. v. Labor Commissioner, State of California, Department of Industrial Relations, Division of Labor Standards Enforcement, BS 170083

Tentative decision on petition for writ of mandate: granted

Petitioner Deacon Corp. (“Deacon”) seeks a writ of mandate compelling Respondent Labor Commissioner of California (“Commissioner”) to set aside its Findings and Order on the Civil Penalty Citation issued on May 16, 2017 (“Decision”).

The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision.

A. Statement of the Case

Petitioner Deacon commenced this proceeding on June 29, 2017. The Petition alleges in pertinent part as follows.

Deacon is a general building contractor whose business involves superintending and managing construction projects. Deacon’s work customarily consist of selecting subcontractors to carry out the vari........