The Central District of California just issued an order denying a request for a new trial and granting attorney fees in the amount of nearly $460,000.
In the case of Monagahan v. Telecom Italia Sparkle of North America, Inc. (TISNA), our client Kevin Monaghan alleged that he had been misclassified as an independent contractor and that TISNA had terminated his employment because he complained about the misclassification and failure of TISNA to pay earned wages. Plaintiff Monaghan sought damages for wrongful termination and the failure to pay wages, plus additional penalties recoverable under the Labor Code.
The jury agreed with Mr. Monaghan on most points, finding that TISNA had terminated his employment because of his complaints about misclassification as an independent contractor and the failure to pay wages. The jury awarded Mr. Monaghan over $1.2 million in damages and assorted penalties.
After trial, TISNA moved for judgment on the wages portion of Mr. Monaghan’s case, saying that the jury verdict wrongly awarded Mr. Monaghan various commission wages, and TISNA moved for a new trial on a similar basis.
Mr. Monaghan, for his part, moved for an award of attorney’s fees.
The court denied TISNA’s motions and granted Mr. Monaghan’s motion for attorney fees, awarding him everything but a requested “lodestar multiplier” on the base amount of his attorney fees. Each of the decisions is below.
Court Order on Motion for Attorney Fees
Court Order on Motion for Judgment as a Matter of Law and for New Trial