Small Claims Work Excluded, So The Ultimate Modified Award Was $83,555; Compensatory Award Was $30,929.94 Plus Interest.
In Ojeda v. Azulay, Case No. B302440 (2d Dist., Div. 3 Feb. 10, 2021) (unpublished), plaintiff employee prevailed against defendant employers on three of eight Labor Code claims after a two-day bench trial, and was awarded $30,929.94 in damages plus interest. That, of course, gave rise to wage/hour fee entitlement, with plaintiff moving for $126,161.25 (lodestar of $84,107.50 plus a 1.5 multiplier) in fees and $4,910.99 in costs. Plaintiff had to admit that he was a couple of days late in filing the fee motion, but he explained why. Despite an opposition, the lower court awarded the $84,107.50 lodestar request without a multiplier, prompting an appeal by the other side.
The untimeliness argument did not resonate because plaintiff fell on his sword and the lower court impliedly found good cause to consider the merits of the fee motion, all the more so because there was no reporter’s transcript of the fee hearing to show otherwise. On the merits as to the amount of the fee award, no abuse of discretion was shown, with plaintiff admitting that a minor $552.50 for related small claims work should not have been included—something the lower court failed to deduct, but the appellate court did, affirming the remainder of the award. Requesting compensation for a 2-day bench trial, 197.9 hours at $425/hour, was not seen as being patently outrageous as far as a lodestar fee request.
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