Kirby v. Immoos Fire Protection 7/27/10 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C062306

Case Date: 11/18/2010

Preview:Filed 7/27/10

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

ANTHONY KIRBY et al., Plaintiffs and Appellants, v. IMMOOS FIRE PROTECTION, INC., Defendant and Respondent. APPEAL from a judgment of the Superior Court of Sacramento County, Loren E. McMaster, Judge. Reversed with directions. Law Offices of Ellyn Moscowitz, Ellyn Moscowitz and Enrique Gallardo for Plaintiffs and Appellants. Rediger, McHugh & Hubbert, Rediger, McHugh & Owensby, Robert L. Rediger, Laura C. McHugh and Jimmie E. Johnson for Defendant and Respondent. C062306 (Super. Ct. No. 07AS00032)

This appeal challenges an award of attorneys fees to an employer who successfully defended against allegations of labor law violations brought by two former employees. Appellants

Anthony Kirby and Rick Leech, Jr. (collectively Kirby) sued respondent Immoos Fire Protection, Inc. (Immoos) as well as 750

1

Doe defendants for violating various labor laws as well as the unfair competition law (Bus. & Prof. Code,

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