Reymundo Perez v. Safety-Kleen Systems, Inc.

MEMORANDUM

Plaintiffs Remundo Perez and Jerrel Doane brought a class action lawsuit in state court against their employer, Defendant Safety-Kleen Systems, Inc. The First Amended Complaint (“FAC”) listed four claims: (1) Failure to Provide Meal Periods and Rest Breaks; (2) Failure to Provide Itemized Wage Statements; (8) Waiting Time Penalties; and (4) Unfair Competition. The district court granted partial summary judgment to Defendant and certified portions of the remaining claims, reserving its ruling on the third claim. After settlement, Plaintiffs claimed attorney’s fees of $640,995.25 and requested a multiplier of 2.5. The district court awarded half the claimed fees, with no multiplier. Defendants appeal that award.

We review attorneys’ fees awards under state law for an abuse of discretion. Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 898 (9th Cir.2006); Powers v. Eichen, 229 F.3d 1249, 1256 (9th Cir.2000). California Labor Code section 226(e) makes an award of reasonable attorney’s fees mandatory to an employee suffering an injury cognizable under section 226(a). See Cal. Labor Code § 226 (e); Harrington v. Payroll Entm’t Servs., Inc., 160 Cal.App.4th 589 , 72…