KIRBY
v. IMMOOS FIRE PROTECTION
Filed 7/27/10
CERTIFIED
FOR PUBLICATION
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE
DISTRICT
(Sacramento)
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ANTHONY KIRBY et al.,
Plaintiffs and Appellants,
v.
IMMOOS FIRE PROTECTION, INC.,
Defendant and Respondent.
C062306
(Super.
Ct. No. 07AS00032)
STORY CONTINUE
FROM PART I….
The Earley
court surveyed the legislative history of section 218.5 in order to conclude
that â€
| Description | This appeal challenges an award of attorney's fees to an employer who successfully defended against allegations of labor law violations brought by two former employees. Appellants Anthony Kirby and Rick Leech, Jr. (collectively Kirby) sued respondent Immoos Fire Protection, Inc. (Immoos) as well as 750 Doe defendants for violating various labor laws as well as the unfair competition law (Bus. & Prof. Code, § 17200 et seq.). Kirby dismissed the case after the trial court denied class certification. The court subsequently awarded $49,846.05 in attorney's fees to Immoos for its defense of the first, sixth and seventh causes of action. For reasons that follow, we shall reverse the award of attorney's fees and remand to the trial court with directions to award Immoos reasonable fees for its defense of the sixth cause of action only. |
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