End Result Was That $50,591.69 Costs And $689,310.04 Fee Award Was Sustained Even Though Compensatory Recovery Was Only $280,500. Quiles v. Parent, Case No. G054353 (4th Dist., Div. 3 Nov. 2, 2018) (published) is an important decision establishing that costs and fees recovery for a prevailing employee in a Fair Labor Standards Act (FLSA) […]
Labor Code Section 2699(g) Is The Predicate Fee/Costs Entitlement Statutory Provision. The Fourth District, Division 1, in Atempa v. Pedrazzani, Case No. D069001 (4th Dist., Div. 1 Sept. 28, 2018) (published) held that an individual officer/agent of a corporate employer can be held liable for civil penalties, attorney’s fees, and costs under PAGA for
Most Of Arbitration And Fees Were Sustained Except For A Remand To Arbitrator On Unwaivable Nonallowance Of Wage/Hour Fees To Employer Unless Employee’s Claims Brought In Bad Faith. In Dorne v. Vascular and Interventional Specialists, Case No. G054213 (4th Dist., Dist. 3 Aug. 27, 2018, received for posting Aug. 28, 2018, unpublished), a medical
Labor Is Not Property Under Section 496(c) From Statutory Or Policy Perspectives. In Lacagnina v. Comprehend Systems, Inc., Case No. A147559 (1st Dist., Div. 4 Aug. 3, 2018) (partially published; Penal Code section 496 and fee discussion published), plaintiff, a former vice president of business development, sued defendant former employer and defendant’s co-founders on
Limited Success Argument Does Not Diminish Fee Recovery In This Particular Context. In Nishiki v. Danko Meredith P.C., Case No. A147733 (1st Dist., Div. 4 Aug. 1, 2018) (published), an employer suffered an adverse Berman hearing award before the Labor Commissioner for waiting time penalties for failure to deliver a check for final wages
Vacation Pay Award Totaled $28,500, With Prevailing Plaintiff Winning Subsequent Fees Of $495,549.75 And Costs Of $84,035.40. Curran v. Schools of the Sacred Heart-San Francisco, Case Nos. A142615/A143646 (1st Dist., Div. 2 June 5, 2018) (unpublished) was a case where plaintiff, dean of students at defendant, did not have her contract extended after 37
Appellate Court Did Modify Judgment To Exclude UPS Services And Copy Of Amended Summons Expense Recoupment As Routine Costs. In Lepe v. Luft Enterprises, Case No. E067382 (4th Dist., Div. 2 May 10, 2018) (unpublished), three plaintiffs won wage/hour awards against the defendant to the tune of $140,016. They then moved for fees and
Replacement By Younger Person Another Indicator To Prevent Routine Costs Award Under The Circumstances. By now, our readers will know that plaintiffs losing FEHA claims generally, unless the facts are austere, avoid attorney’s fees or costs even though they ultimately lost at pleading, summary judgment, or trial stages. (To be fair, only a general
Section 1021.5 Elements Were Met In This Case. In Kane v. Valley Slurry Seal Co., Case No. C079558 (3d Dist. May 8, 2018) (unpublished), plaintiffs in a wage/hour class action prevailed after a bench trial under California’s Unfair Competition Law (UCL). Specifically, plaintiffs prevailed on some claims and the defense prevailed on others, but a
Confirms That Deadlines To File Fees Motion Extended For Weekends and Holidays. On April 20, 2018, we posted on Maldonado v. Epsilon Plastics, Inc., Case Nos. B278022/B281129 (2d Dist., Div. 8 Apr. 18, 2018) (unpublished; published May 8, 2018), which decided that a fee motion deadline was extended for a weekend and Holiday which intervened.
