Decision of Note

But ruling for Greenfield, the court of appeal concluded, 'Blanks is not merely defending against a claim for relief initiated by another [as actress Connie Stevens had done when manager Norton Styne sued her for commissions in Styne]. Blanks initiated the suit against Greenfield.'

The Court of Appeal of California, Second Appellate Division, has decided that to toll the statute of limitations of the California Talent Agencies Act, an 'action' must be filed with the state labor commissioner, rather than state court, within one year of the alleged Act violation. Greenfield v. The Superior Court of Los Angeles County, B159313 (Feb. 27).

Actor/fitness expert Billy Blanks sued his manager Jeffrey Greenfield alleging, among other things, that Greenfield had functioned as an unlicensed talent agent. Blanks argued that filing suit constituted an 'action' within the meaning of Calif. Labor Code Sec. 1700.44, thus meeting the Act's one-year limitations period. The trial court stayed the suit pending the decision on a petition Blanks had filed before the state labor commissioner. The labor commissioner ruled that, though Greenfield violated the Act, Blanks had last paid a commission to Greenfield more than one year before filing the labor petition, which thus was time-barred. The trial court, however, later denied Greenfield's motion for summary adjudication.

Blanks had argued in the trial court that he filed his petition with the labor commissioner in defense of Greenfield's cross-complaint. Citing Styne v. Stevens , 26 Cal.4th 42, 26 P.3d 343, 109 Cal. Rptr. 2d 14 (2001), Blanks claimed that there was no time limit for filing a petition with the labor commissioner if a one was defensively using the Act.

But ruling for Greenfield, the court of appeal concluded, 'Blanks is not merely defending against a claim for relief initiated by another [as actress Connie Stevens had done when manager Norton Styne sued her for commissions in Styne]. Blanks initiated the suit against Greenfield.'