Fee Award Was Reduced From The “Asked” $63,550 In Requested Fees.
In Bastida v. Zairi, Case No. B301319 (2d Dist., Div. 5 Sept. 29, 2021) (unpublished), an employee (although that characterization was disputed) won about $23,646 in compensatory damages under wage/hour claims. Plaintiff then sought $63,550 in attorney’s fees under California wage/hour fee-shifting statutes, with the attorney asking for $410 per hour—an hourly rate deemed reasonable. However, the trial judge reduced the claimed hours such that plaintiff was awarded $41,000 in fees. That was affirmed on appeal because the defense did not demonstrate how the award was an abuse of discretion as far as amount.