The Second District, Division 5 in McGaha v. Mountain High Resort Assn., Case No. B2227086 (2d Dist., Div. 5 Nov. 22, 2011) (unpublished) affirmed a denial of $50,319.50 attorney’s fees to defendant employer after dismissal without prejudice of various work-related claims brought by plaintiff employee. The fee refusal was sustained based on an issue before the California Supreme Court in Kirby and UPS Wage & Hour Cases involving the interplay between Labor Code sections 218.5 and 1194 on overtime, meal break, and rest break claims. The appellate court found that employee should not face fee exposure based on the plain meaning of the statutes and legislative history indicating the Legislature so intended.