California Court of Appeal

Judgment in favor of defendant, entered after a trial de novo in the superior court, concerning a wage claim plaintiff initially brought and won before the Labor Commissioner, is reversed, where: 1) the statutory deadline for an employer to post an undertaking, which the Legislature has identified as "a condition to" the filing of the notice that commences the court's jurisdiction, is a jurisdictional deadline that cannot be extended; and therefore, 2) the trial court should have granted plaintiff's motion to dismiss defendant's appeal proceeding.

Appellate Information

• Decided 12/16/2013
• Published 12/16/2013

Judges

• NEEDHAM

Court

• California Court of Appeal

Counsel