Cases: Employment

Allocation, Costs, Employment: Trial Court Did Not Abuse Its Discretion In Denying Costs To The Winning Defendant On Non-FEHA Claim

Cases: Allocation, Cases: Costs, Cases: Employment

Defense Should Have Apportioned In Its Moving Papers Or Asked For Supplemental Briefing Opportunity.             In Janisse v. MLK-L.A. Healthcare Corp., Case No. B326593 et al. (2d Dist., Div. 4 Sept. 3, 2025) (unpublished), plaintiff brought FEHA/whistleblower, and non-FEHA claims against defendant. Plaintiff lost all of her claims after a jury trial. The defense […]

Arbitration, Employment, Reasonableness Of Fees: Lower Court Did Not Err By Reducing $17,653.50 Fee Request For CCP § 1281.98 Sanctions Down To A $2,060 Fee Award

Cases: Arbitration, Cases: Employment, Cases: Reasonableness of Fees

Fee Entitlement Still Allowed A Determination Of Reasonableness, With Record Supporting An Excessive Fee Request.                Reasonableness of a fee request is simply an important issue all clients and attorneys must consider when a fee/sanctions petition is filed.  Where an excessive, unreasonable request is made, the lower court has a range of options, from denying

Employment, Lodestar, Multipliers: Plaintiffs Prevailing On Wage Claims Were Properly Awarded $1,767,649.50 In Attorney’s Fees As Against Employer

Cases: Employment, Cases: Lodestar, Cases: Multipliers

Although Reducing The Requested Hourly Rates For Sonoma County, The Rest Of The Lodestar Request And 1.5 Positive Multiplier Request Were Affirmed.                In Pelayo v. Utility Partners of America, LLC, Case No. A171211 (1st Dist., Div. 1 Aug. 7, 2025) (unpublished), plaintiff employees settled with employer, after contentious litigation on the eve of trial,

Costs, Employment, POOF!, Prevailing Party: Plaintiff Proving Whistleblower Case, But Obtaining No Relief As Employer Proved A “Same-Decision Defense,” Was Erroneously Awarded Attorney’s Fees Under One-Way Whistleblower Statute, Labor Code 1102.5

Cases: Costs, Cases: Employment, Cases: POOF!, Cases: Prevailing Party

$400,000 Fee Award Reversed As A Matter Of Law, With County Entitled To Routine Costs As The Prevailing Party Below.                In a “mixed-motive” whistleblower case, plaintiff proved the elements of his whistleblower claim, but he obtained no relief because defendant employer proved the “same-decision defense.”  The lower court in Lampkin v. County of Los

Employment, Multiplier, Reasonableness Of Fees: Plaintiff’s Win On Some FEHA Claims Justified A $1,385,546 Fees/Costs Award

Cases: Employment, Cases: Multipliers, Cases: Reasonableness of Fees

Compensatory Award Was $709,555, With Counsel’s Skill And Multiplier Request Supporting The Fee Award Affirmed On Appeal.                The trial judge in Ramirez v. Bala, Case No. H049689 (6th Dist. June 30, 2025) (unpublished) awarded a FEHA plaintiff $1,385,546 in attorney’s fees and costs (about the full request, inclusive of a 1.5 multiplier) after plaintiff

Arbitration, Employment: 30-Day Arbitration Payment Deadline Under CCP § 1281.98 Runs From Invoice Issuance Date By ADR Provider

Cases: Arbitration, Cases: Employment

. . . And It Is Extended By CCP § 12 Extensions If Deadline Falls on a Holiday or Weekend.                We have seen an uptick on decisions considering CCP § 1281.98, the section requiring employers to timely pay arbitration expenses invoiced by an ADR provider within 30 days under penalty of returning the case

Arbitration, Employment: Where Employer Did Not Timely Pay Arbitration Expenses Within 30 Days And Employee Opted To Stay In Arbitration, Employee Can Get Recovery Of All Arbitration Expenses, Including Fees Through The End Of The Arbitration

Cases: Arbitration, Cases: Employment

Although Unpublished, This Is An Important Reminder To Employers On Timely Paying Arbitration Fees, Under Penalties Even If Employee Opts For Arbitration.                Although unpublished, Lehman v. MediaLab.AI, Inc., Case No. B336814 (2d Dist., Div. 5 May 19, 2025) (unpublished), is an opinion that employers need to pay attention to in case they are delinquent

Costs, Employment: On Remand From California Supreme Court, Third District Reverses Appellate Costs Award To Prevailing Defendant In A FEHA Action

Cases: Costs, Cases: Employment

Pollock Analysis Dictated The Overturn.                In York v. City of Sacramento, Case No. C097761 (3d Dist. May 14, 2025) (unpublished), the Third District in an earlier opinion affirmed a summary adjudication order against plaintiff in a FEHA case and awarded appellate costs to the prevailing employer.  The California Supreme Court granted review and remanded

Costs, Employment: Prevailing Defendant Employer Improperly Awarded Costs In PAGA Action Against LWDA Where It Did Not Participate In The Underlying Litigation

Cases: Costs, Cases: Employment

$124,585.24 Costs Award Vacated As A Matter Of Law On Appeal.                In Rose v. Hobby Lobby Stores, Inc., Case No. A169640 (1st Dist., Div. 2 May 14, 2025) (published), defendant employer prevailed in a PAGA action brought by plaintiff employee, with the California Labor and Workforce Development Agency (LWDA) not participating in the litigation

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