California Court of Appeal

The judgment of the superior court awarding $6,395 in attorney fees and costs against the plaintiff, arising from a wage claim suit in which she was awarded $6,319.69 by the California Labor Commissioner, is reversed as the trial court erred in assessing attorney fees and costs against the plaintiff following the dismissal of her appeal on jurisdictional grounds because in light of the statutory language, the legislative purpose of the one-way fee-shifting provision, and the amendment to favor employees, Labor Code section 98.2(c) does not become operative against an employee unless the employee has a new trial in the superior court on the wage claim.

Appellate Information

• Decided 07/26/2012
• Published 07/26/2012

Judges

• Aldrich

Court

• California Court of Appeal

Counsel