California Court of Appeal

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Rhule v. WaveFront Technology, Inc., 267359

In plaintiff's suit against his former employer for wrongful termination, the trial court's grant of attorney fees to defendant, which the court purportedly authorized defendant to seek an award of attorney fees as a condition of permitting plaintiff to withdraw admissions he mistakenly made in response to two requests for admission served by defendant, are affirmed over plaintiff's contentions that the trial court's attorney fees award was made without statutory authority and was an abuse of the trial court's discretion, where the record on appeal includes no reporter's transcript (or a suitable substitute therefor) of either the hearing on plaintiff's motion to withdraw his mistaken admissions or the subsequent hearing at which the trial court ruled on defendant's motion for attorney fees.

Appellate Information

  • Decided
  • Published 2017/02/23




  • California Court of Appeal