Does Section 98.2(c) of the California Labor Code require a trial court to assess costs and reasonable attorney fees against an appellant who is unsuccessful in an appeal?
California, United States of America
The following excerpt is from Smith v. Rae-Venter Law Group, 127 Cal.Rptr.2d 516, 29 Cal.4th 345, 58 P.3d 367 (Cal. 2002):
Section 98.2(c) provides that the trial court "shall" assess costs and reasonable
[127 Cal.Rptr.2d 526]
attorney fees against an appellant who is unsuccessful in the appeal. As used in the Labor Code, "shall" is mandatory. ( 15; see Morris v. County of Marin (1977) 18 Cal.3d 901, 908, 136 Cal.Rptr. 251, 559 P.2d 606 [construing 3800].)[127 Cal.Rptr.2d 526]
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