Legal Question in Appeals and Writs in California

Re: Former employer appealed labor boards ruling and lied in court

Labor complaint:

Your question is confusing because you state that your employer appealed the Labor Commission's determination, but later state that you are the appellant. These are inconsistent. Generally, a challenge of the Labor Commission determination results in a trial de novo on the merits. An appeal results from a challenge to the trial court's determination. After the trial court's proceeding and determination you can move for reconsideration by the trial court, but only on a showing that there are new facts, i.e., facts not previously available to you. Your recitation suggests that you were aware of these facts at time of trial. Additionally, you may seek a new trial within 15 days of the judgment. In a motion for new trial you can present new evidence if it meets same criteria noted above. Otherwise must convince trial court that insufficient evidence or error committed in a ruling affecting the determination. As noted, the only other remedy is to appeal the trial court determination, but again you are limited to errors at trial and not a new determination of merits of the evidence. As indicated your remedy may be to present your facts to the local District Attorney for prosecution. This will not recover your lost sanctions.

Re: Former employer appealed labor boards ruling and lied in court

I dont know the answe to your question but i suggest getting copies to the DA and see if he will put them in jail.