Judge: Daniel S. Murphy, Case: 25STCP00316, Date: 2025-02-28 Tentative Ruling

Case Number: 25STCP00316    Hearing Date: February 28, 2025    Dept: 32

BACKGROUND

            On January 28, 2025, Appellant LAVB, Inc. initiated this appeal of a Labor Commissioner award in favor of Respondent Olesya Golub.

            On January 28, 2025, Appellant filed the instant motion for waiver of the undertaking requirement.

LEGAL STANDARD

            “As a condition to filing an appeal pursuant to this section, an employer shall first post an undertaking with the reviewing court in the amount of the order, decision, or award.” (Lab. Code, § 98.2(b).) “The undertaking shall consist of an appeal bond issued by a licensed surety or a cash deposit with the court in the amount of the order, decision, or award.” (Ibid.) However, “[t]he court may, in its discretion, waive a provision for a bond in an action or proceeding and make such orders as may be appropriate as if the bond were given, if the court determines that the principal is unable to give the bond because the principal is indigent and is unable to obtain sufficient sureties.” (Code Civ. Proc., § 995.240.)

DISCUSSION

            Appellant claims that it lacks the assets to satisfy the undertaking amount of $13,408, attaching its bank statements as support. (Farhadi Decl., Ex. 2.) However, these statements are only current through December 2024. Additionally, the mere fact that certain bank statements in the name of LAVB show assets below $13,408 does not mean Appellant does not possess or cannot obtain the needed amount. Moreover, the award was imposed against two individual defendants in addition to LAVB, one of whom (defendant Farhadi) is the owner of LAVB. There is no indication that defendant Farhadi lacks the assets to post the undertaking.

            Ultimately, Appellant has not sufficiently demonstrated that it “is indigent and is unable to obtain sufficient sureties.” (See Code Civ. Proc., § 995.240.) There is no indication that Appellant is unable to obtain “an appeal bond issued by a licensed surety or a cash deposit with the court in the amount of the order, decision, or award.” (See id., § 98.2(b).)    

CONCLUSION

            Appellant LAVB, Inc.’s motion for waiver of undertaking is DENIED.