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HESTAND v. SAUNDERS

No. G024918.

101 Cal.Rptr.2d 909 (2000)

85 Cal.App.4th 334

Andy L. HESTAND et al., Plaintiffs and Appellants, v. Marcy SAUNDERS, as Labor Commissioner, etc., et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

As Modified on Denial of Rehearing January 8, 2001.

Review Denied February 21, 2001.

Attorney(s) appearing for the Case

Law Offices of Carroll & Scully, Inc., Donald C. Carroll and Charles P. Scully, II, San Francisco, for Plaintiffs and Appellants.

Miles E. Locker, Chief Counsel, Division of Labor Standards Enforcement, for Defendants and Respondents Marcy Saunders, as Labor Commissioner, and Division of Labor Standards Enforcement.

Morrow, Golenor & Salisbury, Laura J. Bintliff and Richard J. Golenor, Westlake Village, for Defendant and Respondent Odebrecht Contractors of California, Inc.

Littler Mendelson, Daniel K. Klingenberger, Fresno, and Jason H. Borchers, for Association of Energy Service Companies, California Chapter as Amicus Curiae on behalf of Defendant and Respondent Odebrecht Contractors of California, Inc.

Archbald & Spray and Douglas B. Large, Santa Barbara, for Veco Drilling, Inc. as Amicus Curiae.

OPINION

BEDSWORTH, J.

Andy L. Hestand, Rick A. Bishop and Fred M. Matthiesen (collectively "Hestand" except where clarity dictates they be considered individually) appeal from a judgment denying their petition for a peremptory writ of mandate. They sought to compel Marcy Saunders, as Labor Commissioner of California,1 and the Division of Labor Standards Enforcement (DLSE) which she heads, to process this complaint for overtime...

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