Villalva v. Bombardier Mass Transit Corp., 108 Cal. App. 5^th 211 (2025)

Mark Villalva and Bobby Jason Yelverton are train dispatchers who sued their employer (Bombardier) for allegedly unpaid wages. Rather than filing their claims in court, the employees first sought relief from the California Labor Commissioner, using the so-called “Berman” hearing process pursuant to Cal. Lab. Code § 98, et seq. After the labor commissioner denied their claims, the employees filed a request for de novo hearing in the superior court where they prevailed in a bench trial and received an award of $140,000 in back wages and penalties. The trial court also granted the employees’ motion for attorneys’ fees and costs in the amount of $200,000. On appeal, Bombardier asserted that the employees were not entitled to recover their fees and costs because Labor Code § 98.2(c) only authorizes an award of fees and costs against an unsuccessful appellant in a de novo superior court trial. The Court of Appeal disagreed and held that “nothing in section 98.2 suggests that the Legislature intended to make this remedy unavailable to employees who first attempt to obtain relief from the labor commissioner through the expedited Berman hearing.” Compare In re Kirsten v. California Pizza Kitchen Inc., 129 F.4^th 667 (9^th Cir. 2025) (court approves $950,000 class action settlement but remands case for district court to determine the settlement’s actual value to class members before approving an award of $800,000 in attorney’s fees).