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BELL v. FARMERS INS. EXCHANGE

No. A091134.

105 Cal.Rptr.2d 59 (2001)

87 Cal.App.4th 805

Rose M. BELL et al., Plaintiffs and Respondents, v. FARMERS INSURANCE EXCHANGE, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

Rehearing Denied March 29, 2001.

Review Denied June 20, 2001.

Attorney(s) appearing for the Case

Horvitz & Levy LLP, Ellis J. Horvitz, Barry R. Levy, Encino, Jon B. Eisenberg, Oakland, Winston & Strawn, Lee T. Paterson, Laura R. Petroff, Jessie A. Kohler, Los Angeles, for Defendant and Appellant.

Rudy, Exelrod, Zieff & True, LLP, Steven G. Zieff, Marcie E. Berman, Michael Rubin, San Francisco, Altshuler, Berzon, Nussbaum, Rubin & Demain, for Plaintiffs and Respondents.

SWAGE R, J.

In this class action lawsuit to recover for nonpayment of overtime compensation, the defendant, Farmers Insurance Exchange (hereafter FIE), appeals an interim order awarding attorney fees, which was entered following an order granting summary adjudication in favor of plaintiffs on defendant's fourth affirmative defense. We find no error in the decisional underpinning of the award but reverse it on statutory grounds.

PROCEDURAL BACKGROUND

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