Harrington
Harrington v. Payroll Entertainment Services, Inc.
Opinion
Opinion
Vogel, J.
This was a dispute about $44.63 in unpaid overtime, which was settled for $10,500, after which plaintiff asked the trial court for about $46,000 for his attorney fees. The trial court denied the motion outright, and plaintiff now appeals on the ground that he has a statutory right to recover his reasonable fees. We agree, reverse the order, and award him $500 for his fees.
FACTS
A.
For one 14-hour day, Michael J. Harrington (an off-duty police officer) provided traffic and crowd control services for a movie, Man in the Chair (Outsider Pictures 2007). The movie’s payroll services provider, Payroll Entertainment Services, Inc. (PESI), relying on a formula provided by the Los Angeles Police Protective League, underpaid Harrington by $44.63 (his gross pay should have been $803 instead of $758.37). Two weeks later, Harrington filed this class action against PESI, alleging various Labor Code violations on behalf of himself and a class comprised of retired and off-duty police officers to whom PESI had issued checks. PESI answered.
Harrington filed a formulaic motion for class certification. In opposition, PESI explained there were only 16 officers who had worked on the film,…