Judge: Thomas D. Long, Case: 24STCP03679, Date: 2025-03-06 Tentative Ruling

Case Number: 24STCP03679    Hearing Date: March 6, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 24, 2024, the Labor Commissioner issued an award of $1,288.76 for Plaintiff Jonathan Perez’s claim against Defendants Yoshinoya America Inc. and Bowl Group Inc.  Notice was provided by U.S. Mail on October 28, 2024.

On November 13, 2024, Plaintiff filed this Appeal of Labor Commissioner Award.

Within ten days after service of notice of a Labor Commission order, decision, or award, the parties may file an appeal to the superior court.  (Lab. Code, § 98.2, subd. (a).)  “The time for filing a notice of appeal from a decision of the Labor Commissioner is mandatory and jurisdictional.  A late filing may not be excused on the grounds of mistake, inadvertence or excusable neglect.”  (Pressler v. Donald L. Bren Co. (1982) 32 Cal.3d 831, 837.)

Because notice of the award was mailed on October 28, 2024, the deadline to appeal was extended by five days.  (Code Civ. Proc., § 1013, subd. (a); see Lab. Code, § 98.2, subd. (a) [“For purposes of computing the 10-day period after service, Section 1013 of the Code of Civil Procedure is applicable.”].)  Accordingly, the deadline to appeal was November 12, 2024—fifteen days after the notice was mailed.

Plaintiff’s appeal, signed and filed on November 13, 2024, is untimely, and this Court lacks jurisdiction.

This action is DISMISSED WITH PREJUDICE.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 6th day of March 2025