Chavez

Filed 12/10/

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

JORGE CHAVEZ et al., Plaintiffs and Appellants,

A167658

v. CALIFORNIA COLLISION, LLC, et (Alameda County al., Super. Ct. Nos. RG17865765,

RG18895257)

Defendants and Respondents.

Jorge Chavez, Aldo Isas, and Samuel Zarate (collectively, plaintiffs) sued California Collision, LLC (CCL) and George Osorio (collectively, defendants) for various wage and hour and employment claims. Defendants made settlement offers to each plaintiff pursuant to Code of Civil Procedure section 998 (section 998 offers).1 Chavez and Isas accepted. Zarate proceeded to trial—the jury found in his favor on two causes of action but awarded him damages lower than the section 998 offer amount. After trial and entry of judgment, the court awarded costs for defendants and against Zarate under section 998 as Zarate failed to obtain a more favorable judgment at trial. The court also awarded attorney fees to plaintiffs in amounts much lower than those requested.

* Pursuant to California Rules of Court, rules…