Fee Entitlement Existed And Amount Of Requested Fees Was Reasonable In Nature.
In Gonzalez v. Lucky Seven Dragons, Inc., Case No. B289269 et al. (2d Dist., Div. 3 June 20, 2019) (unpublished), in pro per plaintiff, ex-employee appealed an adverse Labor Commissioner decision in favor of ex-employer. Plaintiff gained nothing on his appeal to the superior court, which later awarded employer its requested $6,845.50 in attorney’s fees and some other costs. The 2/3 DCA affirmed. Fee entitlement was mandatory under Labor Code section 98.2(c), which is enacted to discourage meritless appeals from Labor Commissioner rulings. (The losing party only needs to be unsuccessful; the other side does not have to prove the appeal was frivolous.) With respect to amount, employer claimed $375 per hour rates for a practitioner licensed since 2005 and $155 for a paralegal, very reasonable for the Los Angeles venue.