Deadlines/Employment: Successful Plaintiff Employee Class Timely Filed Fee Motion

Fee Award Remanded For A Restudy After Some Damage Components Reversed Or Remanded For Recalculation.

            Most fee requests in California are done by noticed motion and follow California Rules of Court deadlines in most instances, which generally track the time within which to appeal the underlying judgment or appealable order.   Under CRC 3.1702(b)(1) and 8.104(a), one such deadline is 60 days after a party provides Notice of Entry of judgment or an appealable order.  However, even absent a stipulation procedure to be approved by the trial judge, the 60 days can get extended depending the date upon which the deadline falls.

            In Maldonado v. Epsilon Plastics, Inc., Case Nos. B278022/B281129 (2d Dist., Div. 8 Apr. 18, 2018) (unpublished), plaintiff class of employees won $935,897.40 in damages based on various wage/hour claims, with the trial judge later awarding statutory Labor Code attorney’s fees of $888,811.50, inclusive of a 1.5 multiplier on a reduced lodestar.  (This does illustrate how the fees in wage/hour cases can match if not eclipse the base compensatory damages award.)  Although the fee award was remanded for a restudy after the appellate court reversed a wage statement award and sent back for recalculation damages on the unpaid overtime claim, the defense argued that the fee motion was untimely filed after the 60-day deadline.  Nope, said the 2/8 DCA panel.  The 60^th day fell on a Sunday, which by law pushed the deadline to Monday, but that Monday was a Columbus Day holiday, which in turn pushed the deadline one more day out.  Plaintiff class filed on that last extended date, so the motion was timely.