Timothy Scott Thorpe v. Dennis Dillon RV, LLC, an Idaho limited liability company; Dennis Dillon RV, LLC, a California limited liability company; and Does 1 through 20, inclusive
Published: Jul. 7, 2017 | Result Date: Feb. 13, 2017 |Case number: 8:16-cv-00793-JVS (AJWx) Summary Judgment – Defense
Judge
Court
USSC
Attorneys
Plaintiff
Warren D. Morten
(The Morten Law Group PC)
Defendant
Alex W. Craigie
(Arena Hoffman LLP)
Experts
Plaintiff
Thomas M. Neches
(forensic accounting)
Jay Larsen CPA
( forensic accounting)
Facts
Plaintiff Timothy Scott Thorpe was hired by defendant Dennis Dillon RV to manage RV dealerships in Westminster, and in the State of Idaho. The employment relationship was governed by a contract that provided Thorpe would receive a monthly base salary of $20,000, plus a bonus of 10 percent of the dealership's net profits on both RV lots, based on a figure contained in a 13th month financial statement. Thorpe was terminated during the 10th month of this contract and alleged he had not been paid the bonus.
Contentions
PLAINTIFF'S CONTENTIONS: Thorpe challenged defendant Dennis Dillon RV's interpretation of the compensation agreement and accounting practices, claiming he was owed as much as $900,738.
DEFENDANT'S CONTENTIONS: Defendant asserted its interpretation of the agreement and its accounting practices were accurate. Additionally, Thorpe had borrowed $150,000 against his 2015 bonus, which meant he had to establish he was substantially underpaid before he would recover any money.
Damages
Thorpe claimed at the outset that he was owed as much as $900,730, plus waiting time penalties, attorney fees and costs under the California Labor Code.
Result
The court granted defendant's summary judgment.
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