Harrington

Harrington v. Payroll Entertainment Services, Inc.

Good Law
160 Cal. App. 4th 589·2008 Cal. App. LEXIS 289·2008 D.A.R. 2967·72 Cal. Rptr. 3d 922
Court of Appeal of CaliforniaFebruary 28, 2008B198883California1,286 words

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,…

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