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LOLLEY v. CAMPBELL

No. S093597.

121 Cal.Rptr.2d 571 (2002)

28 Cal.4th 367

48 P.3d 1128

Chris LOLLEY, Plaintiff and Appellant, v. Shawn CAMPBELL, Defendant and Respondent.

Supreme Court of California.

As Modified on Denial of Rehearing September 25, 2002.

Attorney(s) appearing for the Case

William A. Reich, Ventura, for Plaintiff and Appellant.

Asian Law Caucus, Hina B. Shah; California Rural Legal Assistance, Cynthia L. Rice, Santa Rosa; The Employment Law Center, Michael T. Gaitley, San Francisco, David P. Pogrel; La Raza Centro Legal and Virginia Villegas as Amici Curiae on behalf of Plaintiff and Appellant.

Lascher & Lascher, Gabriele Mezger Lashly; Law Offices of James L. Spencer and James L. Spencer, Ventura, for Defendant and Respondent.

Paul, Hastings, Janofsky & Walker, Paul Grossman, Leslie L. Abbott and Patricia M. Berry, Los Angeles, for California Employment Law Council as Amicus Curiae on behalf of Defendant and Respondent.

MORENO, J.

The issue we decide is whether the superior court may assess attorney fees against an employer who unsuccessfully appeals an administrative order to pay wages if the employee cannot afford counsel and is represented without charge by the Labor Commissioner. The Court of Appeal held that attorney fees could not be awarded in such circumstances, because an indigent employee who is represented by the Labor Commissioner has not "incurred" attorney fees within...

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