First District, Division 3 Applies Analogous Civil Code Section 1717 Principles. Labor Code section 218.5 allows for recovery of attorney’s fees by the prevailing party in certain wage/hour/benefits disputes. However, what happens if a plaintiff sues a corporate owner as an alter ego and loses? Does the winning individual defendant get fees?
Plaintiff’s Request for Over $58,500 In Fees Is Firmly Rejected. Labor Code section 218.5 holds that a prevailing party in an action for nonpayment of wages, fringe benefits, or health/welfare/pension fund contributions must be awarded reasonable attorney’s fees. It was that pesky word “reasonable” that resulted in a much diminished fee award than
FEHA-Based Fees Not Allowable to Other Defendants. In our July 30, 2010 post, we reviewed Silguero v. Creteguard, Inc., Case No. B215179 (2d Dist., Div. 1 July 30, 2010) (certified for partial publication), where a fee award went POOF! upon reversal of a demurrer sustained in favor of certain defendants. However, apparently other
Second District, Division One Holds that a Tameny Claim Exists When Subsequent Employer Honors Putatively Invalid Restraint on Competition Entered Into Between Employee and Previous Employer – and Reversal of Attorney’s Fee Award Follows. A Tameny claim is a claim for wrongful termination in violation of public policy, under Tameny v. Atlantic Richfield Co.,
