Produce worker's bonus claim against Ralphs to proceed.

AN appeals court has revived a produce manager's claims that Ralphs Grocery Co. illegally calculates the bonuses it pays to employees.

The 2nd Appellate panel ruled that Eddy Prachasaisoradej's collective bargaining agreement does not prohibit him from suing his employer for violations of state labor codes. In ruling against Ralphs, a unit of Kroger Co., the panel reversed a lower court's award of $275,000 in attorneys' fees to the Compton based grocery chain and sent the case back to Los Angeles Superior Court for trial.

The lawsuit, filed in July 2001 as a proposed class action, claims that Ralphs calculates bonuses to employees by deducting costs associated with expenses and losses, merchandise shortages, workers' compensation and tort claims. The plaintiffs claim state labor codes do not allow employers to include those deductions when calculating bonuses.

Lawyers for Ralphs tried to shift the case to federal court by arguing that collective bargaining agreements were governed by federal law. A Los Angeles Superior Court judge agreed, but Associate Justice Kathryn Doi Todd, in a reversal opinion issued on Sept. 8, wrote: "Appellant's dispute does not involve the issue addressed in the CBA of whether bonuses are used to defeat the employees' regular wages. Rather, the dispute centers on the independent issue of whether the calculation of bonuses--a calculation not provided in the CBA--violates California law."

In October 2003, a separate 2nd Appellate District panel ruled against Ralphs in a similar wage case involving a non-union store manager.

Fred Kumetz and Stephen Glick, lawyers representing the plaintiffs in both cases, did not return calls. Thomas Hill, a partner at Thelen Reid & Priest LLP who represents Ralphs, did not return calls.

ABC Duo

Two former attorneys at Walt Disney Co.'s ABC Cable Networks Group opened Doyle & Miller LLP, an entertainment boutique on Sept. 1 on North Canon Drive in Beverly Hills.

Chris Doyle, former senior counsel of legal affairs for ABC, specializes on reality television and worked on ABC's "Extreme Makeover" and the upcoming series, "Wife Swap." Doyle previously was counsel for business and legal affairs at the Fox Family Channel, purchased by ABC in 2001.

Brad Miller, who was director of business affairs for the Cable Networks Group, handled scripted programming for the ABC Family Channel. Previously, he was director of legal affairs at Warner Bros. Television, overseeing "Smallville," "Good Morning Miami" and other shows.

Court Report

Los Angeles Superior Court may add seven more judgeships during the next three years under an updated 2001 plan approved by the Judicial Council of California late last month.

The local court system is authorized for 429 judgeships, eight of which now are vacant, said L.A. Superior Court spokesman Allan Parachini. The new plan would boost judgeships to 436.

The report calls for 150 additional judgeships statewide from fiscal 2005-06 through fiscal 2007-08.

L.A. Superior, however, was one of a handful of courts that were allocated fewer judgeships than in the original 2001 report, which would have added nine.

Judicial Council spokeswoman Lynn Holton said the new study reflected an average of three years' of filings, rather than filings collected in a single year. The next step is for the Judicial Council to draft a bill to be approved by the California Legislature, she said.

Universal Move

A corporate attorney who represented Vivendi Universal SA in its sale of Universal Studios to NBC has joined Gibson Dunn & Crutcher LLP as a partner.

Ruth Fisher, a partner at Munger Tolles & Olson LLP for 17 years, also represented Universal Studios in its distribution agreements with DreamWorks LLC, its acquisition of USA Networks Inc. and the sale of retailer Spencer Gifts LLC.

Gibson Dunn's entertainment clients include Ticketmaster, New Line Cinema, Twentieth Century Fox and Miramax Film Corp.

Staff reporter Amanda Bronstad can be reached at [phone], ext. 225, or at [e-mail].