Suspended Corporation Could Not Have Its Cake And Eat It Too.

After a man left his employment at a retirement home, he filed a claim with the Labor Commissioner, who awarded him $131,096.77 for unpaid wages. The retirement home appealed the Labor Commissioner’s order to the Superior Court, posting an undertaking. The man moved to dismiss the appeal, arguing the retirement home lacked the capacity to appeal because it was a suspended corporation. Instead of releasing the undertaking to the man after the retirement home failed to pay, the court released the money to the retirement home, analyzing it lacked the jurisdiction to accept the money in the first place. The Court of Appeal reversed and ordered the lower court to release the money to the man, finding the retirement home could have revived its corporate powers, but chose not to do so. (Tabarrejo v. Sup. Ct. (Princess Retirement Homes) (Cal. App. Sixth Dist.; December 18, 2014) 232 Cal.App.4th 849, [182 Cal.Rptr.3d 30].) http://www.courts.ca.gov/opinions/documents/H040377.PDF