Maciel

Maciel v. City of Los Angeles

Good Law
336 F. App'x 678
United States Court of Appeals for the Ninth CircuitJune 23, 2009No. 08-55958California377 words

Opinion

Lead Opinion

MEMORANDUM **

After a bench trial, the district court entered judgment for the City of Los An-geles (the “City”) on all claims in Edward Maciel’s (“Maciel”) action alleging violations under the Fair Labor Standards Act (“FLSA”). The district court determined that Maciel did not establish that he worked above the required number of hours to prove any violation of the FLSA. Notwithstanding the judgment entered in its favor, the City asks us to review the district court’s determinations that Ma-ciel’s donning and doffing of his Kevlar vest and his Sam Browne belt is compen-sable work under the FLSA, and that the time spent completing these tasks is not de minimis. We conclude that we have no jurisdiction to give an advisory opinion on those determinations and that thus we cannot review the issues that are raised by the prevailing party. The district court’s conclusions on those challenged issues were not necessary to its judgment and will not create a collateral estoppel against *680 the City in future cases. We dismiss the City’s appeal.

As a general rule: “A prevailing party usually may not appeal a decision in its favor.” Ruvalcaba v. City of Los Angeles, 167 F.3d 514, 520 (9th…

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