Tabarrejo v. Super. Court
Annotate this CaseAfter Tabarrejo left his employment as a PRH caregiver, he filed a claim with the Labor Commissioner for unpaid wages. He was awarded $131,096.77. PRH appealed to the superior court and posted the undertaking required by Labor Code 98.2.1. The trial court granted Tabarrejo’s motion to dismiss on the ground that PRH was a suspended corporation that lacked capacity to sue. PRH failed to pay within 10 days, so Tabarrejo asked the court to release the undertaking to him. PRH disputed Tabarrejo’s entitlement, primarily arguing that since PRH’s corporate powers were suspended, the court lacked jurisdiction over the matter ab initio and should never have accepted the undertaking. The court concluded that PRH did not have standing to appeal and ordered the release of the undertaking to PRH’s owner. The court of appeal reversed, holding that the issue was one of legal capacity, not standing. Although the appeal was invalid when filed because PRH lacked capacity to sue, PRH could have retroactively validated the appeal by reviving its corporate powers. That PRH elected not to do so did not retroactively deprive the court of jurisdiction. The trial court was directed to enter an order releasing the undertaking to Tabarrejo.
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