Barboza v. West Coast Digital
This is the second appeal by plaintiffs and appellants Jesus Barboza, Juan Gonzalez, and Adolfo Sanchez in this case against defendant West Coast Digital GSM, Inc. (WCD). In the first appeal, we reversed the trial courts denial of class certification. While that appeal was pending, trial went forward on plaintiffs individual claims of wage and hour violations. At trial, plaintiffs prevailed on most of their damages and penalties claims, but the trial court denied their request for injunctive relief. They moved for statutory attorney fees in the amount of $79,712. The trial court disallowed certain categories of fees and awarded a total of $49,393. Plaintiffs appeal only the portion of the trial courts ruling that disallowed fees for trial and trial preparation related to two of the plaintiffs, Sanchez and Gonzalez. The trial court based its ruling as to those fees on its finding that Sanchez and Gonzalez declined an informal settlement offer that exceeded the amounts they recovered at trial, and that an experienced class action attorney would have accepted the offer as to those two plaintiffs. Court conclude that the trial court erred. The evidence shows that WCD did not make separate offers to Sanchez and Gonzalez. Rather, WCDs offer was a joint offer that included plaintiff Barboza. Therefore, Sanchez and Gonzalez could not alone have accepted the offer. Also, when considered in light of pre offer attorney fees, the amounts specified in the informal offer for Sanchez and Gonzalez did not exceed their recovery at trial. Thus, we conclude that the trial court erred in its attorney fee order to the extent it disallowed $16,807 in fees for trial and trial preparation.
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