Germann v. Calmat Co., 2002-STA-28 (ALJ Aug. 29, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105 (415) 744-6577 (415) 744-6569 (FAX)

Issue Date: 29 August 2003

CASE NO. 2002-STA-00028

In the Matter of:

ROBERT E. GERMANN,
    Complainant,

    v.

CALMAT COMPANY,
    Respondent.

   On July 11, 2002, I issued an Order indicating that summary decision in favor of Respondent was warranted as I found that a California Superior Court judgment, returning a verdict in favor of Respondent, should be given preclusive effect. Because I could not issue a summary decision in favor of Respondent as Complainant had appealed the state court judgment and therefore that judgment was not final, I granted Respondent's motion to suspend administrative proceedings pending the outcome of the California state court appeal initiated by the Complainant.

   On August 29, 2003, this court received the remittur of the California Court of Appeal, Fourth Appellate District, Division One, dated August 25, 2003, which states that the Court of Appeal's decision—which affirmed the judgment of the California Superior Court—is now final.

   As the Court of Appeal's decision is now final, the stay on administrative proceedings is hereby lifted and it is HEREBY ORDERED that Respondent is entitled to summary decision consistent with my findings and discussion in my Order of July 11, 2002.

      DONALD B. JARVIS
      Administrative Law Judge