Cases: Employment

Costs, Employment: Trial Court’s Costs Award To Defendant Prevailing Against FEHA And DJOA Claims Proper Where The Costs Were Awarded Only For The DJOA Claims

Cases: Costs, Cases: Employment

Costs May Not Be Awarded To Prevailing FEHA Defendants Unless Plaintiff’s Action Was Frivolous, Unreasonable, Or Groundless When Brought Or Continued, But A Trial Court May Award Costs To A Prevailing Defendant For Non-FEHA Claims Litigated With FEHA Claims.             In Jones v. Quality Coast, Case No. B297425 (2d Dist., Div.5 February 22, 2021) (unpublished), […]

Deadlines, Employment, Reasonableness Of Fees: $84,107.50 Fee Award, With Stipulated-To Small Reduction, Affirmed On Appeal In Wage/Hour Win After Two-Day Bench Trial

Cases: Deadlines, Cases: Employment, Cases: Reasonableness of Fees

Small Claims Work Excluded, So The Ultimate Modified Award Was $83,555; Compensatory Award Was $30,929.94 Plus Interest.             In Ojeda v. Azulay, Case No. B302440 (2d Dist., Div. 3 Feb. 10, 2021) (unpublished), plaintiff employee prevailed against defendant employers on three of eight Labor Code claims after a two-day bench trial, and was awarded $30,929.94

Appealability, Employment, Intervenors, Prevailing Party, Section 1717: Bevy Of Appealability Issues And Prevailing Party Issues Were Resolved By 4/1 DCA Dispute Between Former Employer And Employee Over Return And Use Of Documents On A Jump Drive

Cases: Appealability, Cases: Employment, Cases: Intervenors, Cases: Prevailing Party, Cases: Section 1717

Employee Did Prevail On Employer’s Contract Claims, But Lower Court’s Reduced Fee Award For Prevailing On Labor Code Claims Was No Abuse Of Discretion—Given Attorney Intervenors Did Timely Appeal And Contest Merits Based On Their Attorney’s Lien Interest In Fees/Costs Awards.             This next case, Premier Mechanical Group, Inc. v. Harvey (Edwards), Case No. D075663

Employment: Reversal Of Shoulder Injury Portion Of Jury Verdict Required A Retrial And Reversal Of $503,273.50 FEHA Fee Recovery Award Until Retrial/Settlement Is Achieved

Cases: Employment

Case Is Must Reading On Reasonable Accommodation/Interactive Process FEHA Claims.             FEHA plaintiff in Shirvanyan v. L.A. Community College Dist., Case Nos. B296593/B297419 (2d Dist., Div. 1 Nov. 30, 2020 unpublished; Dec. 29, 2020 published) won a $2,899,670 economic/emotional distress damages award based on claims that District failed to make reasonable accommodations and engage in

Employment, Section 998: 998 Offer During Arbitration Did Not Allow Arbitrator To Determine There Was A Prevailing Party, Just Reasonable Fees/Costs Under Wage/Hour Statutes

Cases: Employment, Cases: Section 998

Arbitrator’s “Prevailing Party” Determination Properly Corrected By Superior Court.             In Geiger v. Floyd’s 99-California, LLC, Case No. G056747 (4th Dist., Div. 3 Nov. 18, 2020) (unpublished), employee sued for wage/hour violations, with the individual claims ordered to arbitration.  The employer served a CCP § 998 offer offering to settle those claims for $10,000, with

Allocation, Employment, Section 998: Cruz v. Fusion Buffet, Inc. Is Now A Published Decision

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

Labor Code Cost-Shifting Provisions Trumped Code of Civil Procedure Section 998’s Cost-Shifting And Meant No Fees/Costs Recovery For Successful Section 998 Defendants.             We discussed Cruz v. Fusion Buffet, Inc., Case No. D075479 (4th Dist., Div. 1), in our October 17, 2020 post, which was unpublished at the time.             In Cruz, defendants

Employment, Multipliers, Costs: Employee Obtaining Partial Success In FEHA Case Properly Awarded $695,000 In Attorney’s Fees, No Expert Witness Fees, And Some Routine Costs

Cases: Costs, Cases: Employment, Cases: Multipliers

Plaintiff’s $2 Million Request, Inclusive Of A 2.0 Positive Multiplier, Did Not Gain Traction.             Partial success and high hourly rates can often lead to reductions and rejection of a multiplier in contingency-driven cases under FEHA.  That is what basically occurred in Do v. Raytheon Co., Case No. B293950 (2d Dist., Div. 4 Oct 27,

Allocation, Employment, Section 998: Plaintiff Employee, In Unlimited Civil Case, Winning Limited Jurisdiction Damages Properly Awarded Wage/Hour And Break Claim Intertwined Fees

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

Section 998 Cost-Shifting Did Not Preempt Labor Code Cost-Shifting Provisions So As To Allow Fee and Costs Recovery To Certain Defendants.             Cruz v. Fusion Buffet, Inc., Case No. D075479 (4th Dist., Div. 1 Oct. 15, 2020) (unpublished) is an interesting unpublished decision discussing the intersection of Labor Code costs shifting and CCP § 998

Arbitration, Employment: Although Arbitration Clause Had Invalid Attorney’s Fees/Costs Provision Relating To FEHA Claims, It Was Severed Such That Motion Denying Arbitration Was Reversed

Cases: Arbitration, Cases: Employment

Severability Saved The Day!             In Conyer v. Hula Media Services, LLC, Case No. B296738 (2d Dist., Div. 8 Aug. 26, 2020) (published), the appellate court reversed a trial judge’s decision denying arbitration to an employer even though employee acknowledged receiving a handbook with the arbitration clause but argued that there was an employer duty

Costs, Employment: Plaintiff Obtaining Only $900 In Statutory Penalties And A Minor Statutory Fees Award On A Single Claim Properly Denied Costs

Cases: Costs, Cases: Employment

Defense, Also, Properly Denied Costs Because Plaintiff’s Claims Were Found To Be Nonfrivolous.             In Wergechik v. Anaheim Arena Management, LLC, Case Nos. G056079/G056318 (4th Dist., Div. 3 June 3, 2020) (unpublished), plaintiff did prevail on FEHA claims against defendants, but she was only awarded a $750 penalty and $150 in statutory attorney’s fees on

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