Chris Wymore, Erik Swenson, Linda Catlett v. EWM Corporation dba The Roman Shade Company, Edgar Minto
Published: Aug. 8, 2009 | Result Date: Apr. 22, 2009 | Filing Date: Jan. 1, 1900 |Case number: CGC-08-474602 Settlement – $400,000
Court
San Francisco Superior
Attorneys
Facts
Chris Wymore, Erik Swenson, and Linda Catlett were employed at EWM Corporation, dba The Roman Shade Company, as sales personnel. In 2008, Wymore, Swenson, and Catlett terminated their employment with EWM. EWM sued their former employees for unfair competition and/or conversion. Wymore, Swenson, and Catlett cross-complained against EWM and Edgar Minto, the company's owner, alleging unpaid salaries and commissions were owed. EWM dismissed its complaint during the case.
Contentions
CROSS-COMPLAINANTS' CONTENTIONS:
Wymore contended that defendants failed to pay them their full salary and commissions earned during 2007 and 2008.
Specials in Evidence
$211,841
Damages
Cross-complainants sought damages in the amount of $211,841 for unpaid wages and $56,551 in civil penalties.
Result
Stipulated judgment in the amount of $400,000, with $170,000 to Wymore, $205,000 to Swenson, and $25,000 to Catlett. EWM's assets totaled approximately between $20,000 to $30,000 at the time of trial. The trial court denied cross-complainants' request to pierce the corporate veil finding EWM did not act as an alter ego of Minto.
Other Information
Cross-complainants have appealed the trial court's alter ego decision and later award of attorney fees to cross-defendant.
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