$45,017.50 Fee Award Against Losing Employee Sustained on Appeal.
Losing employee was hit with attorney’s fees under Labor Code section 218.5 when she lost an employment case. The fee award was $45,017.50, one-fourth of the total fees expended by defendant on an apportioned basis in line with the defense request to the lower court.
On appeal, employee claimed the postjudgment fee motion was untimely because it was filed after employee had applied to the appellate court’s mediation program, which had the effect of suspending further trial court proceedings according to employee.
Wrong, the appellate court said in Mitchell v. GigOptix, LLC, Case No. H036131 (6th Dist. Nov. 29, 2011) (unpublished). The appellate mediation procedures only apply to proceedings on appeal, but do not cause a suspension of postjudgment proceedings in the trial court. Fee award affirmed.