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DEPT. OF IND. REL. v. ATLANTIC BAKING

No. B141841.

108 Cal.Rptr.2d 44 (2001)

89 Cal.App.4th 891

DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF LABOR STANDARDS ENFORCEMENT, Plaintiff and Respondent, v. ATLANTIC BAKING COMPANY, INC., Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

Rehearing Denied June 28, 2001.

Review Denied August 22, 2001.

Attorney(s) appearing for the Case

Edwin M. Rosenberg, Los Angeles, for Defendant and Appellant.

Timothy J. Kolesnikow, for Plaintiff and Respondent.

BOLAND, J.1

SUMMARY

This case addresses whether the 45 day period specified in Labor Code section 3725 for filing a petition for writ of mandate from an order of the Labor Commissioner is extended five days under the provisions of Code of Civil Procedure section 1013. We conclude that section 1013 does not apply to the jurisdictional time limit for filing a writ petition from a...

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