$120,000 Fee Award Went POOF!
Labor Code section 218.5 requires a fee award to the prevailing party in any action brought for nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, except an action for which fees are recoverable under section 1194 and certain other actions. Employer obtained summary adjudication of three wage/hour counts in a class action, with the trial judge awarding $120,000 in fees under section 218.5 (out of a requested $512,272.88!).
The fee award went POOF! in Bell v. H.F. Cox, Inc., Case Nos. B229982/B233136 (2d Dist., Div. 3 Sept. 5, 2012) (published) when the appellate court reversed summary adjudication on one count for alleged failure to pay vacation benefits upon termination of employment. It did, however, observe the fee issue could be revisited on remand at the conclusion of the litigation. However, the fees did go POOF! for now.