Dobarro v. Kim / Dobarro v. Queens SF, LLC

Summary

The California Court of Appeal affirmed the superior court’s dismissal of an untimely appeal from a Labor Commissioner decision awarding Nicole Dobarro $74,419.82 in unpaid wages and related damages. The court held that the deadlines under Labor Code section 98.2 for filing the appeal and posting or seeking a waiver of the required undertaking are mandatory and jurisdictional, and are not subject to equitable tolling for electronic filing errors. The court declined to impose sanctions but published the opinion to address counsel’s failure to adequately develop the tolling argument.

Holdings

1. The deadline for seeking superior-court review of a Labor Commissioner decision under Labor Code section 98.2 is mandatory and jurisdictional and cannot be extended or excused for mistake, inadvertence, or excusable neglect. The only statutory exception identified by the court is fraud, which was not claimed.
2. The deadline for an employer to post the undertaking required by Labor Code section 98.2 or apply for a waiver based on indigency is also mandatory and jurisdictional and may not be extended.
3. Code of Civil Procedure section 1010.6, subdivision (e)(4)(E), does not toll the statutory deadlines for filing an appeal from a Labor Commissioner decision or for seeking a waiver of the undertaking requirement.

Questions Presented

1. Whether the statutory deadline for appealing a Labor Commissioner decision under Labor Code section 98.2 is subject to equitable tolling when an electronic filing is rejected and the documents are filed one day late.
2. Whether the deadline for posting an undertaking or applying for a waiver of the undertaking requirement under Labor Code section 98.2 may be extended or tolled under Code of Civil Procedure section 1010.6.
3. Whether the superior court had jurisdiction over the untimely appeal.

Disposition

affirmed