Goldbaum v. Regents: UC Regents Immune from 218.5 Attorney Fees

In Goldbaum v. Regents (1/6/11) --- Cal.App.4th ----, the Court of Appeal held that the Regents of the University of California are constitutionally immune from Labor Code section 218.5’s requirement that a prevailing party in an "action brought for the nonpayment of wages, fringe benefits, or...pension fund contributions" be awarded attorney fees and costs.

The plaintiff was a tenured professor at UC San Diego. He sued the Regents for declaratory relief and breach of contract regarding his pension rights. The parties settled, and the plaintiff moved for an award of attorney fees. The court (San Diego Superior, Judge Bloom) denied the motion, and the Court of Appeal affirmed.

The opinion is available here.