Cases: Employment

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             In Geiger v. Floyd’s 99-California, LLC, Case No. G056747 (4th Dist., Div. 3 Nov. 18, 2020) (unpublished), employee sued for wage/hour violations, with the individual claims ordered to arbitration.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We discussed Cruz v. Fusion Buffet, Inc., Case No. D075479 (4th Dist., Div. 1), in our October 17, 2020 post, which was unpublished at the time.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             Cruz v. Fusion Buffet, Inc., Case No. D075479 (4th Dist., Div. 1 Oct. 15, 2020) (unpublished) is an interesting unpublished decision discussing the intersection of Labor Code costs shifting and CCP § 998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

Employment: $280,794 Fee Award In Rest/Meal Break Case Reversed As A Matter Of Law On Appeal

Cases: Employment

Case Demonstrates How Fee Claimant Must Have Solid Fee Entitlement Basis (Not Shifting Grounds At The Last Moment) And Discusses When Settlement Demands Are Admissible In Fee Proceedings.             This next opinion discusses several aspects of fee motions, oppositions, replies, and supplemental papers all pointing to a universal truth:  that fee motions primarily involve credibility

Employment, Special Fee Shifting Statutes, Undertaking: 1/4 DCA Affirms Labor Code § 98.2 Attorney Fees Award In Favor Of Employees Retaining Labor Commissioner’s Award After Employer’s Notice Of Appeal Dismissed

Cases: Employment, Cases: Special Fee Shifting Statutes, Cases: Undertaking

Appeal To Superior Court Of Labor Commissioner’s Ruling Was Dismissed For Employer’s Failure To Post The Required Undertaking Or Otherwise Obtain A Waiver Of Same.             Labor Code section 98.2(c) provides for costs and reasonable attorney’s fees against the unsuccessful party appealing a decision of the Labor Commissioner to the superior court.  Rather than

Costs, Employment, Prevailing Party: $3,881.39 In Routine Costs, Out Of A Requested $38,813.96, To A Prevailing Wage Claim Plaintiff Was No Abuse Of Discretion

Cases: Costs, Cases: Employment, Cases: Prevailing Party

Reason Was That Plaintiff Only Had Limited Success, So No Abuse Of Discretion In The Reduction By The Lower Court.             So, a plaintiff prevails on a wage/hour claim for unpaid wages under Labor Code section 218.5, but only gets a minimal award which was limited success when other claims are considered?  Does that plaintiff

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