Failure To Mention PAGA Fee Entitlement, Much Less Segregate Fees, Resulted In Overturn. This next post is an ouch! In Makabi v. Gedalia, Case No. B261005 (2d Dist., Div. 1 Mar. 2, 2016) (unpublished), plaintiff employees sued two defendant employers for a host of Labor Code wage/hour violations and four plaintiffs sued […]
State Court Is Different Than Federal On This Issue, Such That Retroactivity Prevailed Here. USS-POSCO Industries v. Case, Case Nos. A140457/A142145 (1st Dist., Div. 1 Jan. 26, 2016) (published) decided that the fee-shifting statute in effect at the time of the fee motion, which was different than the one at the time the
Plaintiff Requested $212,287.50 (Inclusive Of A 1.5 Multiplier), But Lower Court’s Award Of A Reasonable Lodestar Was No Abuse of Discretion. Plaintiff employee eventually obtained recovery of $43,654.50 in an unpaid commission dispute even though he at one point was willing to accept $75,000 to settle which included a $30,000 component to reimburse
Meyer v. Brown, Case No. D066226 (4th Dist., Div. 1 Oct. 14, 2015) (Unpublished)—Family Law. In this one, after an evidentiary hearing in which the court dismissed a domestic violence restraining order (DVRO), the prevailing party recovered $7,500 out of a requested $15,800 in fees. The fee-assessed, losing party appealed, but to no
Bill To Governor Jerry Brown, Attempting To Curtain Mandatory Employment Arbitration/Class Waiver Situations, Has Fee Shifting. AB465 has drawn a lot of press. It is a California bill designed to end mandatory workplace arbitration; it has passed the Legislature and awaits Governor Jerry Brown’s decision. If he vetoes by October 11, 2015, it
Case Dealt With Fee Recovery Under Labor Code Section 98.2. On July 30, 2015, we posted on Royal Practice Funding Corp. v. Arneson, Case No. G050158 (4th Dist., Div. 3 July 28, 2015), which decided that an ex-employer’s withdrawal of a superior court petition respecting an ex-employee’s Labor Commissioner wage claim award did
Fee Recovery Properly Denied, With Lower Court Correctly Construing Jury Special Verdict. In Letizia v. Wentworth, Paoli & Purdy, LLP, Case No. G050132 (4th Dist. Div. 3 Aug. 17, 2015) (unpublished), cross-complainant obtained a jury verdict in her favor, with the jury making these specific findings: (1) cross-complainant was terminated by cross-defendant as
We Came To The Same Conclusion In A July 6, 2009 Prior Post. The Second Circuit Court of Appeals, in Gortat v. Capala Brothers, Inc., No. 14-3304-cv (2d Cir. July 29, 2015), decided that prevailing plaintiffs in a Fair Labor Standards Act (FLSA) case are not entitled to reimbursement of expert witness expenses
Labor Code Section 98.2 Is Not Symmetrical, Never Intending To Incentivize Employers To File Frivolous Appeals And Then Withdraw Them. Royal Pacific Funding Corp. v. Arneson, Case No. G050158 (4th Dist., Div. 3 July 28, 2015) (unpublished) concerned an employee who won a Labor Commissioner wage claim of $29,500, prompting an appeal to
Although Meal And Rest Break Claims Would Not Trigger Fee Recovery, Other Claims Did The Trick. Barnes v. Cedars-Sinai Medical Center, Inc., Case No. B255034 (2d Dist., Div. 1 July 29, 2015) (unpublished) is an interesting 998/apportionment case which has some lessons for both plaintiffs and the defense in the Labor Code violations
