Mata v. Import Stone, Inc. (GIC866480) (2006)

California Superior Court

County of San Diego, Appellate Division

Bruce represented the employee on appeal in a wage-and-hour case involving unpaid meal breaks and vacation pay. The trial court ultimately awarded approximately $772 in damages and $35,000 in attorney’s fees. The employer challenged the damage award and the attorney’s fee award. On appeal, Bruce successfully defended both. The appellate division affirmed the judgment without an opinion.

Case Note

Many labor statutes provide that a prevailing employee, but not a prevailing employer, may obtain an attorney's fee award. In this case, the attorney's fee award was considerably higher than the amount recovered. The trial court awarded less than the amount requested, but still an amount considerably above the amount recovered, because the employer had failed to offer a reasonable settlement that took attorney's fees into account and forced the case to trial. On remand, the trial court awarded additional appellate attorney's fees to Bruce for his work on the appeal.

Rich v. Koi Restaurant (B196078)

California Court of Appeal

Second Appellate District, Division Four

Bruce represented a restaurant and its owners in a sexual harassment case. The trial court granted summary judgment for the owners and a related company. The jury awarded the plaintiff $37,500 joint damages against the restaurant and the two harassers. On appeal, the plaintiff argued that summary judgment was erroneously granted for the three other defendants and that the damages should be larger or a new trial on damages should be granted. Bruce successfully defended against both claims, and the Court of Appeal affirmed.

Garces v. Cannon Pacific Services (D044540) (2005)

California Court of Appeal

Fourth Appellate District, Division One

Bruce represented three street sweeper drivers who sued a company for unpaid overtime under Labor Code, section 1194. The company had classified the workers as independent contractors, but Bruce successfully argued the trial court erred by denying them employee status. The Court of Appeal agreed and held the drivers were employees entitled to overtime.

Young v. Westpac Air Conditioning (E036184) (2005)

California Court of Appeal

Fourth Appellate District, Division Two

Bruce represented an employee in an appeal challenging the denial of attorney fees following settlement of a wage-and-hour dispute. The employee had sued his employer for unpaid overtime under Labor Code § 1194 and other wage violations. The case settled, and the trial court denied attorney fees under § 1194, reasoning that fees were only available upon judgment. Bruce successfully reversed that ruling. The Court of Appeal held that a settlement constitutes a “recovery in a civil action” under § 1194 and that denying fees would undermine the statute’s purpose of encouraging enforcement of wage laws. The court remanded for a proper fee award.