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California Court of Appeal


USS-POSCO Industries v. Case, 140457

In a suit for breach of contract and unjust enrichment, in which defendant cross-complained asserting the reimbursement agreement was unenforceable and plaintiff-employer had violated the Labor Code and other statutory provisions in seeking reimbursement, the trial court's grant of summary judgment to plaintiff is: 1) affirmed as to summary judgment; but 2) reversed and remand as to the attorney fees award, where under California Supreme Court precedent, statutory provisions that alter the recovery of attorney fees are deemed procedural in nature and apply to pending litigation.

Appellate Information

  • Published 2016/01/26

Judges

  • BANKE

Court

  • California Court of Appeal

Counsel

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