Ramos v. Garcia
Annotate this CaseAppellant Rogelio Ramos sued his former employers, Jose Robledo and Dora Garcia (nonparties in this appeal), seeking to recover unpaid overtime, minimum wages and other compensation, and to impose job-related penalties. Appellant obtained some of the monetary recovery he requested against the two employers. However, Appellant had also sued respondent Manuel Garcia, claiming he was an employer, but Appellant lost on all those claims as to Respondent, when the court found that Respondent was a manager and co-employee of the business, not an owner/employer. Following trial, the court awarded Respondent attorney fees, as the "prevailing party." Appellant argued on appeal that the award of attorney fees to Respondent should have been reversed because the statutory requirements of the applicable statutes allowed an award of attorney fees under these circumstances, in which Respondent was a prevailing employee defendant. The Court of Appeal agreed that the attorney fees award was not supported by the record and reversed with directions.
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