California Court of Appeal

Under Labor Code 98.2(c), in order to obtain attorneys' fees for successfully appealing a labor commissioner's award of wages and benefits, appealing party must obtain an award greater than the commissioner's award, not merely a favorable one.

Appellate Information

• Decided 05/21/2001
• Published 05/21/2001

Judges

• WUNDERLICH, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Timothy L. Smith, in pro. per., Gregg L. Kays, Norland & Kays, San Jose, for Plaintiff and Appellant.


• For Appellees:
  
• Stephen J. Hirschfeld, Felicia R. Reid, Donna M. Rutter, Curiale, Dellaverson, Hirschfeld, Kelly & Kraemer, San Francisco, for Defendant and Appellant.