Cases: Employment

Arbitration, Employment, Sanctions: Trial Court’s Grant Of 1281.98 Motion To Return Case To Court When Employer Failed To Pay Arbitration Fees Within 30 Days And Award Of Related Monetary Sanctions Reversed On Appeal

Cases: Arbitration, Cases: Employment, Cases: Sanctions

Section 1281.98 Was Inapplicable Because The Arbitration Agreement Was Governed By The Provisions Of The Federal Arbitration Act. In Howitson v. Evans Hotels, Case No. D085078 (4th Dist., Div. 1 October 20, 2025) (unpublished), defendant employer failed to pay an arbitration retainer within 30 days, leading Plaintiff to successfully move under CCP section 1281.98 of […]

Employment, Private Attorney General: Labor Code Section 432.6 Polygraph Rights Provision Did Not Justify Fee Award For September 2018 Firing And Where Waiver Of Employment Rights Was Not Involved

Cases: Employment, Cases: Private Attorney General (CCP 1021.5)

CCP Section 1021.5 Was Inapt Because Plaintiff Was Only Vindicating Personal Wrongs. In McDoniel v. Kavry Mgt., LLC, Case No. D084660 (4th Dist., Div. 1 Sept. 30, 2025) (published), plaintiff was not advised of rights to refuse to submit to a polygraph test as a condition of continued employment under Labor Code section 432.2 and

Employment, Lodestar, Multipliers, Reasonableness Of Fees:  Trial Judge Did Not Abuse Its Discretion In Awarding Almost $4.9 Million In Attorney’s Fees To Successful FEHA Plaintiff

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

Defense Litigating Long And Hard, If Unsuccessful, Can Anticipate Large Fee Award Against It. Bronshteyn v. Dept. of Consumer Affairs, Case No. B329890, et al. (2d Dist., Div. 8 Sept. 17, 2025) (published) illustrates how a defendant litigating hard by bringing multiple unsuccessful motions, prosecuting an unsuccessful merits appeal, and rejecting a lower CCP section

Employment, Prevailing Party: FEHA Plaintiff Did Not Prevail For Fee Award Purposes Where Employer Won A Same Decision Defense And No Damages Were Awarded To Plaintiff . . . .

Cases: Employment, Cases: Prevailing Party

Despite Plaintiff Proving Disability Discrimination Was A Substantial Motivating Factor In The Termination Decision. Because FEHA contains a pro-plaintiff fee shifting provision, plaintiff claimed she was the prevailing party, in Jong v. Kaiser Foundation Hospitals, Case No. B328357 (2d Dist., Div. 8 Sept. 9, 2025) (unpublished), because a jury found that disability discrimination was a

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

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