New CA Employment Case (Pay Your Appeal Bond!)

Uncategorized Feb 21, 2023
 
  • Know the New 2022 Cases to Win Your Cases in 2023. 

To make 2023 your best year yet, quickly learn about the new 2022 civil cases in your practice areas, and apply this knowledge to your current cases in 2023.  

To get all of my 2022 civil case summaries and to keep getting my one paragraph summaries throughout 2023, subscribe today to California Case Summaries Complete™. Subscribers get all of my California Case Summaries™ publications (monthly, quarterly and annual) at a savings of over $1,550 per year compared to subscribing to each publication separately. My one paragraph summaries, that you can read in 2 minutes, help California lawyers easily keep current with the new case law in their practice areas, work up their cases better, get bigger settlements, and win more trials to make more money. To subscribe today to California Case Summaries Complete™click here.

Below is a free sample of one of my new civil case summaries.


Does Payment of the Bond Required by Labor Code Section 2055 Satisfy
the Appeal Bond Requirement of Labor Code section 98.2?

When a defendant files a surety bond under Labor Code section 2055, a bond required of all car wash owners as a condition of operating a car wash, will the filing of that bond satisfy the appeal bond requirement in Labor Code Section 98.2? Last month, the Second District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my case summary below.

New CA Code of Employment Decision  

Adanna Car Wash Corp. v. Gomez (2023) _ Cal.App.5th _ , 2023 WL 225122: The Court of Appeal affirmed the trial court’s order dismissing plaintiff’s trial de novo appeal from the Labor Commissioner’s award of back wages and other damages in favor of plaintiff’s former employee, Jesus Gomez. The trial court properly dismissed the appeal for lack of jurisdiction because plaintiff failed to post with the trial court an appeal bond required by Labor Code section 98.2. It also properly concluded that plaintiff’s earlier filing of a surety bond under Labor Code section 2055, a bond required of all car wash owners as a condition of operating a car wash business, did not satisfy the appeal bond requirement under section 98.2. (C.A. 2nd, January 18, 2023.)


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Published early each January with our short civil case summaries, organized by legal topic, of every new civil case published each year in these practice areas, with the official case citations.

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Mediation, Arbitration & Referee Services

I help attorneys and their clients settle cases as a mediator, and decide cases or issues as an arbitrator or referee at ADR Services, Inc. I handle cases in the areas of business, employment, insurance bad faith, insurance coverage, legal malpractice, medical malpractice, personal injury, real property and wrongful death. I conduct Zoom and in-person hearings throughout California.
To schedule a matter, please contact my case managers at ADR Services, Inc., Haward Cho, (213) 683-1600, [email protected] or Rachael Boughan, (619) 233-1323, 
[email protected]. 

 

Stay safe and healthy.


Best regards,
Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™

CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected] 

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