· 4/11/1994
Sanborn v. Brooker & Wake Property Management, Inc.
Citations
- 874 P.2d 982
- 178 Ariz. 425
- 162 Ariz. Adv. Rep. 40
- 1 Wage & Hour Cas.2d (BNA) 1603
- 1994 Ariz. App. LEXIS 65
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “only the portion of wages which is disputed in good faith is exempted from treble damages.”
- holding 15 that treble damages should not be awarded under the Arizona wage statute where the 16 amount of wages owed was not ascertainable at the time of discharge
- explaining that treble damages are allowed for unpaid wages under Arizona law and that “[withholding wages is forbidden unless there is a reasonable good faith dispute as to the amount of wages owed” (citation, brackets, and internal quotation marks omitted)
- finding treble damages were not 8 warranted when employer withholds wages “based on a good faith belief that they owe 9 nothing more”
- affirming award of $25,767.15, consisting of $8,589.05 in unpaid wages and $17,178.10 in penalties under statute allowing recovery of \an amount which is treble the amount of the unpaid wages\
- stating that the Warner factors “are not a guide for deciding who is the prevailing party but rather are intended ‘to assist the trial judge in determining whether attorney’s fees should be granted . . . once eligibility has been established.’” (alteration in original
Source: CourtListener parenthetical corpus (CC0).
Judges: Ehrlich, Grant, Voss
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.