Dawson v. Westerly Investigations, Inc.

California Court of Appeal Jun 21, 1988 No. 17773Published

Before: Roberson

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Holding. Labor Code section 98.2, subdivision (b) authorizes the assessment of costs and attorneys' fees only against an unsuccessful appellant who sought review of a labor commissioner's award; it does not authorize such awards to a successful appellant.

Issues

Whether Labor Code section 98.2, subdivision (b) permits the recovery of costs and attorneys' fees by a successful appellant in an appeal of a labor commissioner's order.
Whether Labor Code section 98.2, subdivision (b) violates equal protection, due process, or constitutional prohibitions against special statutes.

Disposition. reversed

Quotations verified verbatim against the opinion

“Costs (and attorneys' fees) are not awarded to a successful appellant under Labor Code section 98.2, but are only allowed against an unsuccessful appellant.”

“In the case at bar, appellant did not seek review of the order, decision or award in the lower court, respondent did. Further, respondent was successful in the appeal.”

204 Cal.App.3d 20 (1988) 251 Cal. Rptr. 633 STEPHEN DAWSON, Plaintiff and Appellant,

WESTERLY INVESTIGATIONS, INC., Defendant and Respondent.

Docket No. 17773. Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

June 21, 1988. [22] COUNSEL

Marjorie J. Weinzweig for Plaintiff and Appellant.

Leonard R. Milstein for Defendant and Respondent.

OPINION

ROBERSON, J.

STATEMENT OF THE CASE

This case was brought by defendant (respondent herein) to the municipal court as an appeal from an order, decision or award of the California State Labor Commissioner in the amount of $3,562.55. A court trial (as an appeal de novo) was held pursuant to Labor Code section 98.2 on February 10, 11, 12, 13, and 18, 1987, and was conducted in the municipal court. On February 20, 1987, judgment was entered in favor of respondent.

On February 27, 1987, respondent served on plaintiff (appellant herein) its memorandum of costs in the amount of $4,988.35, including $4,618.75 [23] for "attorneys' fees authorized by statute." Appellant filed its motion to strike and/or tax respondent's cost bill on March 13, 1987. Respondent filed its opposition to the motion to strike and/or tax the cost bill on March 27, 1987. The matter was argued to the court on June 3, 1987. On June 8, 1987, the trial court issued its order taxing costs awarding respondent $2,678.60, including $2,309 in attorneys' fees. Appellant filed this appeal from the order taxing costs on June 24, 1987.

Dawson v. Westerly Investigations, Inc.

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OPINION

STATEMENT OF THE CASE

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NOTES

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