Lan

DISCUSSION

Section 98.2, subdivision (c) provides: “If a party seeking review by filing an appeal to the superior court is unsuccessful in the appeal, the court shall determine the costs and reasonable attorney’s fees incurred by the other parties to the appeal, and assess that amount as a cost upon the party filing the appeal.” The “‘purpose and intent behind section 98.2(c) is to discourage frivolous and unmeritorious appeals from the commissioner’s awards, regardless of whether they are taken by employers or employees.’ [Citation.]” (Arneson v. Royal Pacific Funding Corp. (2015) 239

1 We grant Comcast’s unopposed request for judicial notice of certain court records –– including our opinion –– in Lan’s prior appeal, Lan v. Comcast Corporation, LLC (Apr. 24, 2015, A140039/A149398) [nonpub.opn.] (Lan I)). (Evid. Code, §§ 452, 459.) All undesignated statutory references are to the Labor Code. Section 98.2, subdivision (c) provides for an award of attorney fees and costs against a party who appeals the Labor Commissioner’s award through a trial de novo in the superior court and is “unsuccessful in the appeal[.]” 2 Cal.App.4th 1275, 1279, fn. 5.) “‘[S]ection 98.2(c) is designed to…