Kirby, et al. v. Imoos Fire etc.Annotate this Case
Plaintiffs sued IFP and multiple DOE defendants for violating various labor laws as well as the unfair competition law (UCL)(Bus. & Prof. Code, 17200 et seq.). The amended complaint stated seven claims, the sixth of which alleged the failure to provide rest breaks as required by Labor Code 226.7. Plaintiffs ultimately dismissed this claim with prejudice after settling with the DOE defendants. IFP subsequently moved for attorney's fees under Labor Code 218.5. The trial court awarded fees and the Court of Appeal affirmed. The court concluded, in light of the relevant statutory language and legislative history, that neither Labor Code 1194 nor 218.5 authorized an award of attorney's fees to a party that prevailed on a section 226.7 claim. Accordingly, the court reversed on this claim and affirmed the judgment on plaintiffs' other claims.