Patel v. Chavez
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Appellants Balubhai Patel, DTWO & E, Inc. (DTWO), and Stuart Union, LLC (Stuart Union) (collectively, appellants) have been before this court numerous times in connection with a labor dispute with a former employee, Defendant, that resulted in two California Labor Commissioner orders (ODAs) in Defendant’s favor. The instant appeal challenges a superior court order forfeiting a bond Appellants had posted in an unsuccessful attempt to challenge the ODAs, as well as a judgment against them as bond principals.
The Second Appellate District affirmed. The court explained that the only bonds Appellants posted here were for the exact amount owed under the ODAs— not double or one and one-half times that amount. Thus, aside from the fact that, when Appellants posted the bonds, Appellants identified the bonds as undertakings related to their attempted section 98.2 appeal to the trial court, not an appeal with this court, the bonds were insufficient to stay the actions below based on the pendency of any appeal with this court. The trial court, therefore, did not lack jurisdiction based on the pendency of related appeals in this court.
Further, the court held that Appellants’ jurisdictional arguments misunderstand the relationship between bonds issued pursuant to section 98.2 and jurisdiction. The statute expressly contemplates a situation in which an attempted section 98.2 appeal has failed without there necessarily having been an adjudication on the merits or jurisdiction to hear a section 98.2 appeal, and the court is not only empowered but required to satisfy the relevant ODA from a bond posted under such circumstances.
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