Cases: Employment

Employment, Settlement: $226,000 Stipulated Amount For Attorney’s Fees To Plaintiffs Under PAGA Settlement Validated On Appeal

Cases: Employment, Cases: Settlement

The Defense Could Not Retract From Its Agreed-Upon Settlement Amount.                In Loudon v. DHSE, Inc., Case No. E081497 (4th Dist., Div. 2 Aug. 8, 2024) (unpublished), defendants agreed to settle a PAGA action through a written settlement agreement providing plaintiffs were entitled to attorney’s fees of $226,000, or one-third of the PAGA settlement amount.  […]

Appealability, Arbitration, Employment, Preemption: $176,687.96 Fees And Sanctions Award For Employer’s Failure To Advance Fees Affirmed On Appeal

Cases: Appealability, Cases: Arbitration, Cases: Employment, Cases: Preemption

Employers Not Paying Fees Upfront Can Be Exposed To Further Arbitration Expenses Before the Axe Comes Down; Appellate Court Found No FAA Preemption, With This Preemption Issue Now Being Reviewed By The California Supreme Court.                Although unpublished, Costa-Fleeson v. Americor Funding, Inc., Case No. G062962 (4th Dist., Div. 3 Aug. 1, 2024) (unpublished) is

Arbitration, Employment: Arbitrator’s Failure To Consider Unwaivable Fee Request Under Labor Code Section 226(e)(1) For Prevailing Employee Was Erroneous

Cases: Arbitration, Cases: Employment

Employee Won $4,000 For Employer’s Failure To Issue Accurate Itemized Wage Statements.                In Sanzone v. DCH Korea Imports, LLC, Case No. G063483 (4th Dist., Div. 3 July 3, 2024) (unpublished), an arbitrator awarded an employee $4,000 on a Labor Code failure to issue accurate itemized wage statements, after denying several other Labor Code claims,

Employment: Partially Dismissed/Frivolous Claims For Unpaid Commissions Under Labor Code Resulted In Substantial Adverse Fee And Cost Awards Against Plaintiff

Cases: Employment

$245,531 Was The Fee Award And $8,489.76 Was The Cost Award.                In Doustkam v. Sage, Case No. B321390 et al. (2d Dist., Div. 2 July 1, 2024) (unpublished), plaintiff claimed $747,000 in unpaid commissions under the Labor Code, dismissing some claims and losing other claims because of a lack of evidentiary support.  The trial

Costs, Employment: Labor Code § 1194(a) Mandatory Prevailing Employee Statute Prevails Over Discretionary Routine Costs Provision Giving Discretion To Deny Fees For Limited Success

Cases: Costs, Cases: Employment

Reasonableness Of Fees Will Be An Issue On Remand.                Justice Viramontes, in Gramajo v. Joe’s Pizza on Sunset, Inc., Case Nos. B322697 et al. (2d Dist., Div. 8 Mar. 25, 2024) (published), confronted a situation where an employee recovering $7,659.93 for minimum wage and overtime claims in a long jury trial then sought $296,920

Employment, Fee Clause Interpretation, Prevailing Party, Settlement, Special Fee Shifting Statutes: Denial Of Labor Code Section 1194 Attorney Fees To Plaintiffs Who Incurred Post-Settlement Fees After Employer Breached The Settlement Agreement Reversed

Cases: Employment, Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Settlement, Cases: Special Fee Shifting Statutes

Because The Fees Provision In The Parties’ Settlement Agreement Did Not Address Fees Incurred Post-Settlement, Plaintiffs Were Entitled To Recovery Under Section 1194, But Only As To Fees Incurred In Conducting Discovery And Litigating To Trial, Not In Enforcing The Settlement Agreement.             In Lorta v. Bishop, Case No. G062166 (4th Dist., Div. 3

Allocation, Employment, Section 998: Lower Court Did Not Abuse Its Discretion In Finding Employer Alter Ego Was Dismissed Under Section 998 Offer And Then Awarding Reduced Fees Against Employer For Unpaid Overtime Employee Claim

Cases: Allocation, Cases: Employment, Cases: Section 998

In The End, Only $10,000 In Fees Awarded Against Employer.             This next case addresses many issues we have posted on over the years—specificity in CCP § 998 offers and seeking reasonable fees on claims which should be allocated but are not.  Wu v. ABC Lucky Transportation, Inc., Case Nos. B323494/B326800 (2d Dist., Div. 1

Employment: 2/2 DCA Decides That Routine Costs To Prevailing Party Employer Parties Are Recoverable Under PAGA

Cases: Employment

It Found No Language Precluding The Result, Disagreeing With Cruz On This Issue.             Unpublished decisions can be very instructive.  A recent one, Knowles v. Longwood Mgt. Corp., Case No. B314165 et al. (2d Dist., Div. 2 Jan. 3, 2024) (unpublished), is very instructive—prevailing PAGA defendants may be able to get routine costs under CCP

Costs, Employment: Employee Assessed With Routine Costs For Not Prevailing On Labor Code Violations, Intertwined With Other Claims, Obtained Reversal As A Matter Of Law Where Employee’s Case Was Not Brought In Bad Faith

Cases: Costs, Cases: Employment

Where Wage Claims Are Not Brought In Bad Faith, Intertwined Claims Do Not Give Rise To Costs Exposure.             In Schwade v. South Pasadena Rehabilitation Center, LLC, Case No. B318644 (2d Dist., Div. 2 Dec. 5, 2023) (unpublished), employee lost a wage/hour claim lawsuit, although involving intertwined claims, on a summary judgment.  The lower court

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