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WESTSIDE CONCRETE v. DLSE

No. B167037.

20 Cal.Rptr.3d 717 (2004)

WESTSIDE CONCRETE COMPANY, INC., Plaintiff and Appellant, v. DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF LABOR STANDARDS ENFORCEMENT, et al., Defendants and Respondents.

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

Rehearing Denied December 3, 2004.

Ordered Not Officially Published March 16, 2005.

Attorney(s) appearing for the Case

Atkinson, Andelson, Loya, Ruud & Romo, Steven D. Atkinson, Robert R. Roginson and Christopher S. Milligan, Cerritos, for Plaintiff and Appellant.

Miles E. Locker, San Francisco, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California, for Defendant and Respondent Division of Labor Standards Enforcement, Department of Industrial Relations, State of California.

Bill Lockyer, Attorney General, Randall P. Borcherding, Supervising Deputy Attorney General, Marguerite C. Stricklin, Deputy Attorney General, for Defendant and Respondent Industrial Welfare Commission.

BOLAND, J.

A plaintiff seeks judicial declarations that one state agency acted in excess of its statutory rulemaking authority, and that a second administrative agency exceeded its authority by promulgating penalties for labor violations. As to the first contention, we conclude the trial court erred in sustaining the agencies' demurrers without leave to amend because factual disputes preclude resolution of the claims...

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