California Court of Appeal

In plaintiffs' suit against defendant-employer as well as 750 Doe defendants for violating various labor laws and unfair competition law, trial court's award of $49,846.05 in attorneys' fees to defendant following plaintiffs' dismissal of the suit after the trial court denied class certification, is affirmed in part, reversed in part and remanded where: 1) trial court did not err in ruling that section 1194 did not impose a complete bar on defendant's recovery of attorney's fees in this case; 2) the trial court did not err in awarding attorney's fees to defendant for its defense against rest-period claim; 3) the trial court erred in awarding attorney's fees for its defense against the alleged violations of section 2810, which prohibits entry into contracts lacking funds sufficient to comply with all wage and labor laws; and 4) defendant's request for attorney's fees on appeal is denied as there is no prevailing party in this appeal.

Appellate Information

• Decided 07/27/2010
• Published 07/27/2010

Judges

• SIMS

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Ellyn Moscowitz, Robert L. Rediger