Charles Roy v. Edgetech Services Inc.
Published: Sep. 15, 2007 | Result Date: Apr. 25, 2007 | Filing Date: Jan. 1, 1900 |Case number: BC347933 Verdict – 127172
Court
L.A. Superior Central
Attorneys
Plaintiff
Andre E. Jardini
(Knapp, Petersen & Clarke)
Defendant
David A. Erikson
(Erikson Law Group)
Facts
Before September 2005, Charles Roy, a French citizen, was employed as a consultant with a French company. However, in 2005, he was persuaded by defendants Edgetech Services Inc. and Web's Biggest Inc. to leave his job in France to come to California and enter into a professional services agreement with the defendants to work as a consultant for a guaranteed term of two years. The CEO of these parties was Xavier Roy, Charles' father.
Charles and his company, LeChuck World Co., entered into a services contract with Edgetech and Web's Biggest for a period of two years to work as a consultant for their Internet business with a guaranteed minimum payment of $108,000, in addition to other terms.
Claiming economic damages, Charles sued for breach of contract.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed defendants breached the contract by failing to pay the amounts due on a monthly basis after the first two months. Charles claimed he continued to work under the agreement, without pay, and that defendants broke the law by failing to pay him wages.
DEFENDANTS' CONTENTIONS:
The defendants claimed there was no written contract and that the agreement was on a month-to-month basis or merely at-will. The defendants claimed Xavier Roy's partners, Adam Radly and Paul Aunger only heard about the contract after a dispute arose.
Damages
The plaintiff claimed he was owed $99,000 on the contract and ten percent of the earnings realized by Sponsor Anything as a bonus. The plaintiff also sought $4,500 under Labor Code Section 203 and double damages.
Result
The jury returned a verdict in favor of the plaintiff in the amount of $127,172. The court awarded the plaintiff an additional $6,300 in waiting time penalties and $90,000 in fees.
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