Section 13077 Of Chapter 5. Collections From California Unemployment Insurance Code >> Division 6. >> Chapter 5.
13077
. (a) For purposes of Sections 13020 and 13070, if a lender,
surety, or other person, who is not an employer under such sections
with respect to an employee or group of employees, pays wages
directly to such an employee or group of employees, employed by one
or more employers, or to an agent on behalf of such employee or
employees, such lender, surety, or other person shall be liable in
his or her own person and estate to the State of California in a sum
equal to the taxes (together with interest) required to be deducted
and withheld from such wages by such employer.
(b) If a lender, surety, or other person supplies funds to or for
the account of an employer for the specific purpose of paying wages
of the employees of such employer, with actual notice or knowledge
that such employer does not intend to or will not be able to make
timely payment or deposit of the amounts of tax required by this part
to be deducted and withheld by such employer from such wages, such
lender, surety, or other person shall be liable in his or her own
person and estate to the State of California in a sum equal to the
taxes (together with interest) which are not paid over to the State
of California by such employer with respect to such wages. However,
the liability of such lender, surety, or other person shall be
limited to an amount equal to 25 percent of the amount so supplied to
or for the account of such employer for such purpose.
(c) Any amounts paid to the State of California pursuant to this
section shall be credited against the liability of the employer.