Rogers v. Municipal Court

In this case, we are asked to decide whether a corporation, through its president who is not an attorney, may file a notice of appeal from an order, decision or award of the labor commissioner pursuant to Labor Code section 98.2. We conclude that the notice of appeal filed in this manner is valid.

The Labor Commissioner issued a decision awarding petitioner Stanley Rogers $1,925.90 for back wages against his employer Solar Electric Engineering, Inc., real party in interest (Solar). The award was served on Solar on November 4, 1985. Solar did not appear at the hearing on the wage claim, asserting that it did not receive notice of the hearing. The award provided in pertinent part: “If an appeal is filed by a corporation, present law requires that the corporation must be represented by an Attorney-at-Law, licensed to practice in the State of California, during all phases, including the filing of Notice of Appeal. A corporation’s failure to be represented by an attorney may be cause for dismissal.” Within 10 days, Solar filed a notice of appeal signed on behalf of the corporation by its president, Gary Starr, who is not an attorney. Counsel for the corporation did not appear…