No. S185827.

53 Cal.4th 1244 (2012)

140 Cal. Rptr. 3d 173

274 P.3d 1160

ANTHONY KIRBY et al., Plaintiffs and Appellants, v. IMMOOS FIRE PROTECTION, INC., Defendant and Respondent.

Supreme Court of California.

April 30, 2012.

Attorney(s) appearing for the Case

Law Offices of Ellyn Moscowitz, Ellyn Moscowitz , Jennifer Lai , Enrique Gallardo ; Law Offices of Scot D. Bernstein and Scot Bernstein for Plaintiffs and Appellants.

Pollard Bailey and Matt C. Bailey for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Bryan Schwartz Law and Bryan Schwartz for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Cynthia L. Rice , Shannon Going and Christina Medina for California Rural Legal Assistance Foundation, Worksafe, Inc., State Building and Construction Trades Council of California, AFL-CIO, California Labor Federation, AFL-CIO, Legal Aid Society-Employment Law Center and Hastings Civil Justice Clinic as Amici Curiae on behalf of Plaintiffs and Appellants.

Rediger, McHugh & Hubbert, Rediger, McHugh & Owensby, Robert L. Rediger , Laura C. McHugh and Jimmie E. Johnson for Defendant and Respondent.

Paul, Hastings, Janofsky & Walker, George W. Abele and Jessica Pae Boskovich for California Employment Law Council as Amicus Curiae on behalf of Defendant and Respondent.



In general, a prevailing party may recover attorney's fees only when a statute or an agreement of the parties provides for fee shifting. (Santisas v. Goodin (1998) 17 Cal.4th 599, 606 [71 Cal.Rptr.2d 830, 951 P.2d 399].) Labor Code section 218.5 requires the awarding of attorney's fees to the prevailing party "[i]n any action...

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