My Photo

July 2008

Sun Mon Tue Wed Thu Fri Sat
    1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31    
Blog powered by TypePad
Member since 12/2004

« No Expert Fees Recoverable Under Code of Civil Procedure § 1021.5 | Main | DLSE Hearings Do Not Preclude Other Civil Claims »

The Cautionary Tale of the Day

If the son of Aeacides had ever become a lawyer, this is exactly the kind of case he'd have taken, all the way to the Supreme Court. Technically, the wage and hour attorney representing the plaintiff/employee won the appeal. Technically. But make no mistake about it, when the parties read the opinion issued this morning in Harrington v. Payroll Entertainment Services, Inc. (2008) __ Cal.App.4th __, it wasn't Mr. Harrington who was smiling.

Here's what the Second District Court of Appeal had to say in its opening paragraph:

This was a dispute about $44.63 in unpaid overtime, which was settled for $10,500, after which the plaintiff asked the trial court for about $46,000 for his attorneys’ fees. The trial court denied the motion outright, and the plaintiff now appeals on the ground that he has a statutory right to recover his reasonable fees. We agree, reverse the order, and award him $500 for his fees.

No, those are not typos. Those are the numbers. Suffice it to say, the rest of the opinion included little praise for the plaintiff or his lawyers. We suspect, although we didn't attend Tuesday's oral argument (yes, the opinion was published just a day and a half later), that the justices were quite hostile to the appellant during those proceedings. If you want to read their entire opinion, you can find it here in pdf or word format.

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/t/trackback/228935/26625148

Listed below are links to weblogs that reference The Cautionary Tale of the Day:

Comments

You were six days ahead of the Recorder with this story. Nice job.

http://www.law.com/jsp/article.jsp?id=1204631587748&rss=newswire

Post a comment

If you have a TypeKey or TypePad account, please Sign In

Your email address:


Powered by FeedBlitz

AddThis Social Bookmark Button