Global Compliance, Inc. v. American Labor Law Co

Filed 5/15/06  Global Compliance, Inc. v. American Labor Law Co. CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

            APPEAL from an order of the Superior Court of Los Angeles County, C. Edward Simpson, Judge.  Appeal dismissed.

            Gary Hollingsworth for Defendant and Appellant.

            Law Offices of Ernest J. Francheschi, Ernest J. Francheschi; Sedgwick, Detert, Moran & Arnold, Warren J. Krauss, James Yuanxin and Kirk C. Jenkins for Plaintiff and Respondent.

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            American Labor Law Company (ALLC) appeals from the order denying its motion for attorney fees in the amount of $174,174.50 for bad faith pursuit of a misappropriation of trade secrets claim (Civ. Code, §  3426.3).

            Judgment was entered in favor of ALLC and against Global Compliance, Inc., doing business as Compliance Poster Company (CPC) on its claim for misappropriation of trade secrets.  On February  23, 2004, the trial court granted ALLC $62,721 as attorney fees under Civil Code section 3426.3.  CPC appealed from the judgment and the attorney fee order.  ALLC made a second motion for attorney fees on the ground that it had inadvertently forgotten to include in its original request the amount of $174,174.50 as attorney fees incurred with regard to ALLC's former attorneys, the law firm of Arter & Hadden.  On April  15, 2004, the trial court denied this motion on the grounds that ALLC had already filed an attorney fees motion and did not cite any authority which would allow a second motion, a second motion would be â€