This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Alter Ego Liability
Failure to Pay Compensation

Christopher Charbonnet, et al. v. Glendale Anesthesia Specialists, A Medical Corporation, Dwight Hiscox

Published: Aug. 10, 2004 | Result Date: Mar. 17, 2004 | Filing Date: Jan. 1, 1900 |

Case number: EC035084 Verdict –  $3,418,930

Judge

David M. Schacter M.D.

Court

L.A. Superior Burbank


Attorneys

Plaintiff

Ryan D. McCortney


Defendant

Douglas L. Day
(Harold G. Becks & Associates)


Experts

Plaintiff

Jack Zuckerman
(technical)

Facts

The plaintiffs consisted of six anesthesiologists and their professional corporations who were employed by the defendant Dwight Hiscox, M.D. and his professional corporation, the defendant Glendale Anesthesia Specialists (GAS). The plaintiffs discovered that GAS was paying excessive compensation to Hiscox after he had inadvertently faxed a payroll sheet to one of the plaintiffs. To placate the plaintiffs, the defendants offered them immediate partnership in the group and access to the financial records. The plaintiffs resigned from the group after the defendants reneged on their promises. The defendants then refused to pay the plaintiffs wages for three months of work. After reviewing GAS' financial records, the plaintiffs discovered that the defendants also owed them unpaid bonus amounts.

Settlement Discussions

On Oct. 7, 2003, the plaintiffs made a settlement demand of $1 million. On Dec. 3, 2003, the defendants offered $230,000 to settle the lawsuit which the plaintiffs rejected.

Other Information

The defendants' motions for new trial and judgment notwithstanding the verdict were denied on June 11, 2004. The plaintiffs' motion for attorneys fees was granted in the amount of $405,212.

Deliberation

1.5 days

Length

23 days


#107546

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390