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Modification: Moreno v. Bassi

Lower Court

Madera County Superior Court

Lower Court Judge

James E. Oakley
When Labor Code Section 1194 and Code of Civil Procedure Section 1031 overlap, Labor Code Section 1194 controls because it is more specific and its attorney fees provision is more recently enacted.



Court

California Courts of Appeal 5DCA

Cite as

2021 DJDAR 6670

Published

Jul. 1, 2021

Filing Date

Jun. 30, 2021

Opinion Type

Modification

Disposition Type

Reversed and Remanded

Case Fully Briefed

Jun. 15, 2020

Oral Argument

Jun. 3, 2021


MARIA MORENO,

Plaintiff and Appellant,

v.

PARMJIT SINGH BASSI et al.,

Defendants and Appellants.

 

No. F078400

(Super. Ct. No. MCV064243)

 

MARIA MORENO,

Plaintiff and Appellant,

v.

PARMJIT SINGH BASSI et al.,

Defendants and Respondents.

 

No. F078593

 

California Courts of Appeal

Fifth Appellate District

Filed June 30, 2021

 

Order Modifying Opinion

[No Change in Judgment]

 

THE COURT:

It is hereby ordered that the opinion filed on June 8, 2021, be modified as follows:

On page 20, the text of footnote 6 is deleted in its entirety and the following text is inserted in its place:

 

6 This opinion does not imply the trial court would abuse the discretion granted by section 1033, subdivision (a) if, on remand, it did not reduce the costs awarded to Moreno under section 1032.  Because the trial court chose not to exercise the discretionary authority granted by section 1033, subdivision (a) in its initial award of costs and the parties have not briefed the issue on appeal, we do not address whether that discretionary authority to reduce extends, or does not extend, to the costs recoverable pursuant to Labor Code section 1194, subdivision (a).

 

There is no change in judgment.

 

 

FRANSON, Acting P.J.

 

WE CONCUR:

SMITH, J.

SNAUFFER, J.

#277625

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