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PanelGranted in Part

Beatriz Moreno — ADJ7998608

BEATRIZ MORENO, Applicant vs. RTJ HOME SWEET HOME, INC., a California Corporation; ROSALINDA GALO, a substantial shareholder of RTJ HOME SWEET HOME, INC.; TORINO JAVIER, a substantial shareholder of RTJ HOME SWEET HOME, INC., illegally uninsured, Defendants

ADJ number: ADJ7998608
Decision date: Apr 19, 2021
District office: Van Nuys
WCJ: Greenberg
Claim administrator: —
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

LC §5801LC §5811

Summary

After the Second District Court of Appeal denied defendant's Petition for Writ of Review, finding no reasonable basis for it under Labor Code section 5801, it remanded to the WCAB to determine a supplemental attorney's fee award for applicant's counsel for services rendered in responding to the Writ. Applicant's attorney Jennifer Ryan sought $16,897.21 for 37.5 hours at $450/hour, plus a $22.20 filing fee cost bill. Defendant opposed, arguing forfeiture for improper service, an inflated fee request, misrepresentations, and proposing only $2,875 (or no fee) based on Mota and Chavez. The Board rejected defendant's arguments, finding the hours and rate reasonable given the 60-page Writ's rambling and acrimonious nature, and awarded $16,897.20 in fees but denied the $22.20 cost bill because section 5801 authorizes fees, not costs.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

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