Hollingsworth v. Superior Court of Los Angeles County
Annotate this CaseThe Supreme Court has made clear that when a civil action and a workers' compensation proceeding are concurrently pending, "the tribunal first assuming jurisdiction" should determine exclusive jurisdiction. The Court of Appeal granted plaintiffs' petition for writ of mandate, holding that the superior court exercised jurisdiction first and thus it had jurisdiction to decide which tribunal has exclusive jurisdiction. Therefore, the superior court erred by staying the civil case to allow the WCAB to decide the issue, and the WCAB erred by proceeding without deference to the superior court.
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