California Court of Appeal
United Assn. Local Union 246 v. OSHA, C065265
In an appeal from a judgment of the trial court granting a writ of mandate vacating appellant-OSHA's order in Harris-Board Decision and denying petitioner‘s request for attorney's fees, judgment is affirmed because OSHA improperly held that the Department of Industrial Relations had to demonstrate, as an element of its prima facie case against a controlling employer cited for a general violation of Cal–OSHA, that the employer was in a position to abate the violative condition, and where the trial court correctly denied the writ petitioner‘s Civil Procedure section 1021.5 request for attorney's fees.
Appellate Information
- Decided 09/16/2011
- Published 09/16/2011
Judges
- BUTZ
Court
- California Court of Appeal