Pressler v. Donald L. Bren Co.

BROUSSARD, J., Concurring and Dissenting.

I concur in the result, but I cannot agree with the majority opinion’s holding that the time for filing a notice of appeal pursuant to Labor Code section 98.2 is not only mandatory but also jurisdictional. I do not think that the Legislature intended to preclude a reviewing court from conducting a hearing de novo after an informal administrative wage claim proceeding merely because the appealing party failed to file a notice of appeal within 10 days. Instead, I believe that the time period, although mandatory, is not jurisdictional, and that the…