QUIGLEY vs BIS CLUB AND
Motion for Attorney's Fees by CAROLINA
RIC2001940
BAR, INC.
QUIGLEY, VERONICA MAYA
Tentative Ruling:
The Motion for Attorney’s Fees is granted in part. All fees associated with the
wage
and
hour
code
violations
are
recoverable.
Although
there
is no
statutory
fee-shifting
provision applicable to meal and rest break violations, these claims are based on common factual
and
legal
issues
as
the
wage
violation
claims
for
which
fees
are
recoverable.
Therefore,
no
apportionment is necessary. Because Plaintiff Maya prevailed on her FEHA claims as well as the
wage
and
hour
claims,
the
fees
for
her
wrongful
termination
and
sexual
battery
claims
are
recoverable since they are intertwined with the FEHA claims. However, because Plaintiff Quigley
did not prevail on the FEHA causes of action, the fees for her FEHA and sexual battery claims
should
be
apportioned.
The
hearing
is continued
to
9/14/2022
at 8:30
a.m.
in Dept.
2 to
allow
Plaintiffs
to provide
further
evidence
of
fee