Reason Was That Respondents Wanted 1.33 Positive Enhancement To The Lodestar Appellate Fee Request, Necessitating A Remand To The Trial Court To Determine Appellate Fees.
In Frattini v. First American Title Co. of Napa, Case No. A158995 (1st Dist., Div. 1 Mar. 30, 2021) (unpublished), three misclassified employees won a total of $414,743.80 against defendant, as well as mandatory costs and attorney’s fees of an undisclosed amount under wage/hour fee shifting provisions. Defendant appealed the merits determination, but not the costs and fees awards. The defense lost on appeal. Respondent employees then requested appellate fees from the 1/1 DCA (which were also allowed under the wage/hour fee shifting provisions), but their greed may have got the better of them. The appellate court remanded to the trial court given that employees asked for a 1.33 positive lodestar enhancement from the reviewing panel (which they received by the lower court). The lower court was best to adjudge appellate fees in light of the enhancement request being added to the mix.