Kirby v. Immoos Fire Protection
For those of you following Kirby v. Immoos Fire Protection, Case No. S185827, there is an interesting article by Cynthia Foster in an March 6, 2012 post from The Recorder (Essential California Legal Content). The article suggests that the California Supreme Court appears wary from the flow of the oral argument to find plaintiffs are subject to fee exposure under Labor Code section 1194 with respect to suits centering on meal/rest break claims. However, the question seemed more open to debate is whether it holds that fees can be sought by the defense under a different CCP provision, which one plaintiffs’ attorney is quoted as saying are “not as automatic.” We shall find out soon given that opinions normally are issued within 90 days of submission after oral argument.