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PROGRESSIVE CONCRETE, INC. v. PARKER

No. D045798.

38 Cal.Rptr.3d 939 (2006)

136 Cal.App.4th 540

PROGRESSIVE CONCRETE, INC., Plaintiff and Respondent, v. Ron PARKER, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

February 7, 2006.

Attorney(s) appearing for the Case

Joe B. Cordileone & Associates, Joe B. Cordileone, Cynthia L. Stratton, San Diego, and Silvia V. Townsend for Defendant and Appellant.

Law Offices of Robert A. Waller, Jr., and Robert A. Waller for Plaintiff and Respondent.

McDONALD, J.

This case presents the question of whether an employer's failure to post an undertaking pursuant to Labor Code section 98.2, subdivision (b)1 deprives the trial court of jurisdiction to consider the employer's appeal of the State of California Labor Commissioner's (Commissioner) award in favor of the employee. The trial court implicitly denied employee Ron Parker's motion to dismiss employer Progressive Concrete, Inc.'s (Progressive...

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