Robles v. Emp't Dev. Dep't

250 Cal. Rptr. 3d 611, 38 Cal. App. 5th 191
CourtCalifornia Court of Appeal, 5th District
DecidedJuly 31, 2019
DocketA148803
StatusPublished
Cited by6 cases

This text of 250 Cal. Rptr. 3d 611 (Robles v. Emp't Dev. Dep't) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robles v. Emp't Dev. Dep't, 250 Cal. Rptr. 3d 611, 38 Cal. App. 5th 191 (Cal. Ct. App. 2019).

Opinion

BROWN, J.

*194This is the third chapter in our appellate review of this controversy, which involves the wrongful denial of unemployment benefits by respondents Employment Development Department (EDD) and the California Unemployment Insurance Board (Board). After both EDD and the Board rejected a claim for unemployment benefits filed by Jose Robles-and the trial court denied Robles's petition for writ of mandate challenging this administrative decision-we issued our first opinion in the matter, concluding that Robles was entitled to unemployment benefits as a matter of law. (See Robles v. Employment Development Dept. (2012) 207 Cal.App.4th 1029, 144 Cal.Rptr.3d 36 ( Robles I ).) Three years later, EDD continued to refuse to *195award Robles all of the benefits to which he would have been entitled absent its error, despite multiple court orders that it do so. As a result, we filed a second opinion, upholding the trial court's order demanding immediate payment by EDD to Robles of all withheld benefits, costs, and interest. (See Robles v. Employment Development Dept. (2015) 236 Cal.App.4th 530, 186 Cal.Rptr.3d 707 ( Robles II ).)

After EDD paid the amounts due, Robles filed a motion in the trial court for attorney fees under California's private attorney general statute, Code of Civil Procedure section 1021.5 ( section 1021.5 ). He now appeals the trial court's order denying in part his fee request. Because we agree with Robles that the trial court improperly *615limited the scope of permissible fees in this case to those incurred solely in connection with the Robles II litigation, we affirm in part, reverse in part, and remand for further proceedings in accordance with this opinion.

BACKGROUND

The lengthy history of this litigation is described in detail in our two previous published decisions in this matter. ( Robles I , supra , 207 Cal.App.4th at pp. 1032-1034, 144 Cal.Rptr.3d 36 and Robles II , supra , 236 Cal.App.4th at pp. 534-545, 186 Cal.Rptr.3d 707.) We summarize only the facts relevant to this most recent appellate challenge.

Robles was terminated from his employment in January 2010 after he tried to use his annual employee shoe allowance to buy a pair of shoes for an injured friend. Robles figured that his friend needed the shoes more than he did, as Robles already had a good pair of safety shoes. His intent was to help a friend without jeopardizing his employer. When the store clerk told Robles that he could not go through with his plan, however, he dropped it. He was fired nonetheless. ( Robles II , supra , 236 Cal.App.4th at p. 534, 186 Cal.Rptr.3d 707.)

Robles applied to EDD for unemployment benefits, but his claim was denied. Although his employer provided no information regarding the incident, EDD concluded Robles was ineligible for benefits because he broke a reasonable employer rule. Robles filed an administrative appeal, and the administrative law judge (ALJ) upheld the EDD determination, finding " 'that Robles was discharged for misconduct connected with work.' " ( Id. at p. 536, 186 Cal.Rptr.3d 707.) Robles next appealed to the Board, which endorsed the ALJ decision, noting that "an employee's misappropriation of employer property is conclusive evidence of misconduct." ( Ibid. )

Robles initially sought advice from Maria Garfinkle before the ALJ hearing. After the ALJ upheld the EDD determination, Maria and Gary Garfinkle (collectively, Garfinkle) represented Robles pro bono before the *196Board. Thereafter, they continued to represent Robles on a pro bono basis, filing a petition for a writ of administrative mandate. The trial court denied the petition, concluding that the administrative findings were supported by the weight of the evidence. Robles appealed. ( Ibid. )

In June 2012, "we issued our opinion in Robles I , holding that Robles's conduct in this case-which evinced at most a good faith error in judgment-was insufficient to support a finding of misconduct within the meaning of section 1256 of the Unemployment Insurance Code ( section 1256 )." ( Robles II , supra , 236 Cal.App.4th at p. 536, 186 Cal.Rptr.3d 707.) Rather, "employee behavior constitutes misconduct for purposes of section 1256 only if it somehow demonstrates culpability or bad faith-i.e., a willful or wanton disregard of an employer's interests." ( Ibid. ) We additionally noted that, under section 1256, an employee is presumed to have been discharged for reasons other than misconduct, absent written notice from the employer to the contrary. Because Robles's employer had presented no evidence to rebut the statutory presumption, we found that the EDD determination was erroneous on this additional ground. (Id. at p. 537, 186 Cal.Rptr.3d 707.) We therefore "reversed the trial court's judgment and directed it to issue a writ of mandate ordering EDD and the Board 'to award Robles the unemployment insurance benefits withheld plus interest on those benefits under Civil Code section 3287, subdivision (a).' " ( Ibid. )

*616Although initially unpublished, we issued an order to publish Robles I in July 2012, after receiving requests for publication from Garfinkle, the Legal Aid Society-Employment Law Center, the Civil Justice Law Clinic at Hastings School of Law, and an attorney who had a client in similar circumstances.

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Cite This Page — Counsel Stack

Bluebook (online)
250 Cal. Rptr. 3d 611, 38 Cal. App. 5th 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robles-v-empt-dev-dept-calctapp5d-2019.