Judge: Elaine W. Mandel, Case: 24SMCV04749, Date: 2025-02-21 Tentative Ruling

Case Number: 24SMCV04749    Hearing Date: February 21, 2025    Dept: P

Tentative Ruling

Konigsberg v. Hyland, Case no. 24SMCV04749

Hearing date February 21, 2025

Defendants’ Motion for Stay Pending Labor Commission Proceedings

Plaintiff Richard Konigsberg dba RK Management sues defendants Sarah Hyland and Sarah Hyland, Inc. for breach of contract arising from defendants’ alleged failure to pay plaintiff owed commission. Plaintiff served as Hyland’s personal and professional manager and allegedly earned a commission prior to Hyland’s dismissal of plaintiff.

Hyland asserts plaintiff served as a talent manager pursuant to Cal. Labor Code §1700.4 but did not obtain a talent agent license. Hyland filed a petition 11/8/24 with the California Labor Commission to determine whether the parties’ commission agreement is void. Hyland asserts the pending Labor Commission proceedings removes jurisdiction from the court and necessitates a stay. “When the Talent Agencies Act is invoked in the course of a contract dispute, the Commissioner has exclusive jurisdiction to determine his jurisdiction over the matter, including whether the contract involved the services of a talent agency....It follows that a claim to this effect must first be submitted to the Commissioner, and that forum must be exhausted, before the matter can be determined by the superior court.” Styne v. Stevens (2001) 26 Cal. 4th 42.

Plaintiff concurs that the stay is in place and requests the court ensure “quick resumption of this action once the Labor Commission proceeding has ended.” Response 2: 23-24. Plaintiff requests an order automatically lifting the stay upon, and an order that the parties submit a joint status report within one week of, the completion of the Labor Commission’s proceedings.

The stay of proceedings pending the completion of the Labor Commission’s proceedings is GRANTED. The stay will lift upon the completion of the proceedings. The parties are to submit a joint status update report within ten court days of completion, to be filed by plaintiff, after which the court will set a status conference.