Facts

Beginning May 2, 2005, plaintiff David Boren worked as a business/sales consultant for defendant Global Medical Mobile Diagnostics Inc., Beverly Hills Pain and Diagnostics Medical Group Inc., Juan Carlos Reyes, and Reza Ray Ehsan. The parties entered into an agreement entitled "Independent Contractors Agreement." Plaintiff claimed that, Hamlet Bellaza, the sales director, told him that irregardless of the agreement terms, plaintiff would receive a $2,000 per month "salary" plus commission.

Plaintiff further claimed that Bellaza told him commission would include 5 percent of earned money for every test completed under leases sold by plaintiff. Bellaza told plaintiff that if the buyer was a doctor who completed only 10 tests each month, plaintiff would receive $10,000 in commissions.

Plaintiff asserted that he was incorrectly categorized as an independent contractor. Plaintiff further stated that upon learning that the defendants' business conduct was possibly illegal, he informed them accordingly. Plaintiff claimed that because of this, defendants retaliated against him and terminated his employment.

Beginning in May 2005, plaintiff Jon Paul Colen was also employed by defendants. He alleged similar claims against defendants. Plaintiff Colen sued separately, but his case was consolidated with plaintiff Boren's.

PLAINTIFF'S CONTENTIONS:
Plaintiff Boren contended that he suffered wrongful termination and was categorized incorrectly as an "independent contractor." He alleged that defendants failed to itemize wage documents, did not give wages when he was terminated, did not pay commission, and violated sections of the California Business and Professions Code. Plaintiff also claimed fraud and negligent misrepresentation.

DEFENDANTS' CONTENTIONS:
The defendants alleged that they fully paid plaintiff Boren for his services.

Result

Plaintiff Boren was awarded $250,000 in past commissions, $3,450 in past economic loss absent past commissions, $7,500 in past non-economic loss, $25,000 for punitive damages from defendant Global Medical Mobile Diagnostics Inc., $25,000 for punitive damages from defendant Beverly Hills Pain and Diagnostics Medical Group Inc., $25,000 in punitive damages from defendant Juan Carlos Reyes, $100,000 in punitive damages from defendant Reza Ray Ehsan, $200,000 in punitive damages from defendant Edward Mehdi Ehsan, $1,950 in penalties for violations pursuant to Labor Code section 226, and $3,450 waiting time penalties for failure to offer wages upon discharge under Labor Code section 203. Plaintiff Colen was awarded $27,500 in past commissions owed, $3,450 in past economic loss absent past commissions, $12,500 in past non-economic loss, $25,000 for punitive damages from defendant Global Medical Mobile Diagnostics Inc., $25,000 for punitive damages from defendant Beverly Hills Pain and Diagnostics Medical Group Inc., $25,000 in punitive damages from defendant Juan Carlos Reyes, $100,000 in punitive damages from defendant Reza Ray Ehsan, $200,000 in punitive damages from defendant Edward Mehdi Ehsan, $2,150 in penalties for violations pursuant to Labor Code section 226, and $3,450 waiting time penalties for failure to offer wages upon discharge under Labor Code section 203.

Other Information

FILING DATE: Aug. 3, 2006.