California Appellate Tracker

Cruz v. Fusion Buffet, Inc. (2020)

November 9, 2020

Disagreeing with Plancich v. United Parcel Service, Inc. (2011) 198 Cal.App.4th 308, this decision holds that Labor Code 218.5 and 1194 prescribe one-way fee and cost awards in employee suits for minimum wage and overtime pay, precluding the application of CCP 1032 and CCP 998, which only changes the normal prevailing party determination under CCP 1032. An employer may recover fees or costs in such an action only on a showing that the suit was brought in bad faith, and not merely because the employee failed to recovr more than the employer’s 998 offer.

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Cruz v. Fusion Buffet, Inc. (2020)

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