De novo appeal of labor commissioner

Asked 11 months ago - Folsom, CA

The superior court judge argues that I, plaintiff "did not file discovery and filed no motions to move the case to trial, for example, a motion to set the matter for trial or even a case management conference motion for trial" . I disagree with the trial judge, because under Labor Code section 98.2 a "de novo hearing Literally means a new hearing, that is , a new trial." Why do I need to file a motion for discovery of trial?

Attorney answers (2)

  1. Pamela Koslyn

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . There's no such thing as "a motion for discovery of trial," and I think you mean that you didn't file a request for a trial setting. You're appealing an adverse Labor Commission decision, so you get a de novo hearing, but once in Superior Court, you need to follow procedure and you apparently haven't done that, having served no discovery to prove the facts of your case or filed a Case Management Conference Statement so the judge knows the status of the case.

    Judges don't like pro per litigants because they make the judge's job harder than it already is. Pro per litigants need to know the procedural rules and the substantive law of their cases, and they don't. Don't expect your judge to have endless patience.

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  2. Kelvin P. Green

    Contributor Level 18


    Lawyer agrees


    Answered . Although I don't don't labor appeals, you are right it is a de novo but notice it does not say it is a de novo hearing but the appeal is de novo. Means the entire process starts over...Since it is moved to Superior Court you now play under Superior Court rules and start over..

    I wonder why you would disagree with the judge? Did you go to a better law school than the judge? A judge is not going to tell you that you did not file all that stuff if you don't need to. As underfunded and overworked as the California Courts system is, the judge can't afford to do anything that slows down the process or adds to the workload.

    Sounds like you were doing this pro per and are in over your head. You need an attorney

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more

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