Have any of you been curious about what happened on remand in On-Line Power, Inc. v. Mazur (2007) 149 Cal.App.4th 1079? That was a case in which an employee, as a cross-complainant, sued his former employer for unpaid wages. The action was settled pursuant to a statutory offer of compromise under Code of Civil Procedure § 998, and the employee moved for attorney fees. The Superior Court denied the motion for attorney fees, and the employee appealed.
Cross-complainant David Mazur appeals from an order denying his motion for attorney’s fees after settling his action for unpaid wages pursuant to a statutory offer of compromise. (Code Civ. Proc., § 998.) Because the trial court erred in ruling that the Labor Code provisions ensuring an employee’s right to payment of wages did not apply to salaried corporate executives, we reverse and remand for further proceedings.
So the employee is entitled to seek attorney fees after settling his action pursuant to statutory offer of compromise, and the Labor Code provisions ensuring an employee's right to payment of wages applied to employee, as a salaried corporate executive, not just to hourly workers. Great. But what happened on remand?
Nothing.
A month later, On-Line Power, Inc. filed for bankruptcy and nothing more happened in the case.
Case Number: BC294513
ONLINE POWER INC VS MILTON HANSONFiling Date: 04/23/2003
Case Type: Other Employment Complaint (General Jurisdiction)
Status: Other Judgment 10/20/2005
Future Hearings
None06/26/2007 Remittitur (REVERSED AND REMANDED REMITTITUR ISSUED ON 6-21-07 S/T D-30 6-29-07 )
Filed by Clerk05/21/2007 Notice of Bankruptcy Stay
Filed by Atty for Defendant and Cross-Compl
It would have been interesting, perhaps.
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