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We discussed Cruz v. Fusion Buffet, Inc., Case No. D075479 (4th Dist., Div. 1), in our October 17, 2020 post, which was unpublished at the time.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 […]
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,
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 Cruz v. Fusion Buffet, Inc., Case No. D075479 (4th Dist., Div. 1 Oct. 15, 2020) (unpublished) is an interesting unpublished decision discussing the intersection of Labor Code costs shifting and CCP § 998
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
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 G056079/G056318 (4th Dist., Div. 3 June 3, 2020) (unpublished), plaintiff did prevail on FEHA claims against defendants, but she was only awarded a $750 penalty and $150 in statutory attorney’s fees on
Reversal Of $280,794 Fee Recovery As A Matter Of Law Because No Fee Entitlement Was Found. On May 1, 2020, we posted on Betancourt v. OS Restaurant Services, LLC, Case No. B293625 (2d Dist., Div. 8 April 30, 2020), an unpublished decision at the time, where the 2/8 DCA reversed as a matter of
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
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
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
“Weinsten Tax” Meant To Disincentivize Sexual Perpetrators/Harassing Employers From Trying To Prevent Reporting By Victims. As a response to some sexual harassers/abusers requiring use of confidentiality agreements to silence victims, Congress in December 2017 amended the Tax Code in what has been dubbed the “Weinstein tax.” Several bloggers indicate the repercussions of this.
