California Court of Appeal

Reset A A Font size: Print

Tabarrejo v. Super. Ct., H040377

In this unpaid wages case in which petitioner was awarded his claim, employer real party in interest Princess Retirement Homes (PRH) appealed the Labor Commissioner's order awarding petitioner the unpaid wages and posted the undertaking required by Labor Code section 98.2. Petition for writ relief directing the trial court to vacate its order releasing the undertaking to the PRH owners and entering a new order denying PRH’s request for return of cash deposit and granting petitioner’s request to disburse the undertaking to him is granted, where: 1) although the appeal was invalid when filed because PRH lacked the capacity to sue since its corporate powers had been suspended, PRH could have retroactively validated the appeal by reviving its corporate powers; 2) that PRH elected not to revive its corporate powers did not retroactively deprive the court of jurisdiction to accept the appeal and the undertaking for filing or to dismiss the appeal based on PRH's incapacity to sue.

Appellate Information

  • Decided 12/23/2014
  • Published 12/23/2014

Judges

  • Marquez

Court

  • California Court of Appeal

Counsel