California Court of Appeal

In an action involving whether defendants, as shareholders, officers, or managing agents of several corporations may be held personally liable for various violations of the Labor Code which occurred when plaintiff-employees were not paid and the corporations went out of business, judgment for defendants is affirmed where: 1) under the common law definition, the underlying corporations were the employers liable for the alleged violations of the Labor Code arising out of the failure to pay its employees; 2) there was no factual basis for "piercing the corporate veil" under the alter ego doctrine; and 3) the underlying remedy sought under the Unfair Competition Law was not "restitutionary".

Appellate Information

• Decided 04/16/2008
• Published 04/16/2008

Judges

• STEIN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Department of Labor Standards Enforcement, David Balter, Napa, for Plaintiff and Appellant., Women's Employment Rights Clinic, Marci Seville, Doris Ng, Hina B. Shah, San Francisco, Nira Geevargis, for Intervener.


• For Appellees:
  
• Corporate Counsel Law Group, John Chu, Beverly Hills, for Defendants and Respondents.