Facts

Plaintiff Kyong T. Chin alleged that he was employed as a painter for defendants Tony Numbar, Parviz Nadjat-Haiem, Hollywood 28 LLC, and Pentaco Construction Services Inc. The plaintiff fell from a ladder on May 5, 2004 breaking his right ankle.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged he could not have been an independent contractor because he did not have the required state painting contractor's license at the time of the incident. The plaintiff alleged that defendant did not have workers' compensation insurance. The plaintiff claimed he was improperly treated as an independent contractor while employed with defendant and was owed overtime wages, wages for missed meals and rest periods and penalties.

DEFENDANT'S CONTENTIONS:
The defendant denied all allegations.

Settlement Discussions

Plaintiff made a pre-trial settlement demand of $450,000.

Damages

Plaintiff sought damages for $3,500 in unpaid wages on discharge; $4,855 in penalties; $15,746 in unpaid overtime wages; $3,150 missed meal periods; $3,150 missed rest periods; and $4,000 accounting penalties.

Injuries

The plaintiff suffered a broken ankle.

Result

Verdict was for defendants and they were awarded unspecified attorney fees.

Other Information

FILING DATE: Jan. 24, 2006.