Brenelli Amedeo, S.P.A. v. Bakara Furniture, Inc‪.‬

Appellant Kirby Hudgins (hereafter appellant or Hudgins) seeks review of a judgment entered upon stipulated facts presented in connection with the parties cross-motions for summary judgment. After a long and tortuous series of proceedings involving first an order granting appellants motion, then a mistaken issuance of an order granting the motion of respondent Neiman Marcus Group, Inc. (hereafter respondent or Neiman Marcus), a motion for clarification, a second order granting appellants motion, a motion by respondent for reconsideration, belated intervention by the state labor commissioner in support of respondents position, and, finally, an order granting respondents motion the San Francisco Superior Court concluded that a policy under which respondent deducts the amount of commissions previously paid for "unidentified returns" on a pro rata basis from the wages of their commissioned sales associates does not violate Labor Code sections 221 and 400 through 410, or Business and Professions Code section 17200 et seq.