CCP Section 1021.5 Was Inapt Because Plaintiff Was Only Vindicating Personal Wrongs.
In McDoniel v. Kavry Mgt., LLC, Case No. D084660 (4th Dist., Div. 1 Sept. 30, 2025) (published), plaintiff was not advised of rights to refuse to submit to a polygraph test as a condition of continued employment under Labor Code section 432.2 and was fired when the results were negative, obtaining a $100,000 non-economic jury verdict based on a wrongful discharge theory—with the appellate court affirming this damages award. However, the lower court also awarded about $212,000 in fees against employer under Labor Code section 432.6. The fee award was reversed for two reasons: (1) the fee entitlement under this section only applied to contracts entered into on January 1, 2020, prospective only and not applying to a September 2018 firing; and (2) it also only applies to employment waiver situations, not a situation where an employer failed to apprise of rights in the first place. With respect to the lower court’s refusal to award fees under the private attorney statute, CCP section 1021.5, that determination was affirmed because plaintiff was vindicating his own personal wrongs and he had a substantial financial incentive to pursue the case given he asked the jury to award $350,000 in damages as well as punitive damages (even though jurors only awarded $100,000 in damages).