Facts

Plaintiff Caley-Rae Pavillard worked as a model for defendant Ignite International, Ltd. at a photoshoot for defendant's products. The photographs were later featured on Sunset Boulevard in Los Angeles and many other outdoor locations in Los Angeles and Las Vegas.

At completion of the work, plaintiff searched for Ignite personnel to obtain payment for her wages, but could not locate anyone to pay her. Over the next 595 days, plaintiff demanded payment, but Ignite did not pay plaintiff.

Plaintiff was ultimately paid, and filed suit for violation of Labor Code Section 203 (waiting time penalties). Ignite interplead two other defendants--the photographer for the shoot and plaintiff's modeling agency--but both were dismissed before trial.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff was not an employee and/or that it had a good faith dispute as to whether any wages were due to her.

Settlement Discussions

The parties mediated with Panel Mediator Phyllis Cheng before trial, but Ignite rejected Plaintiff's settlement offer of $36,000.

Result

The jury found that plaintiff was an employee and that plaintiff's daily rate was $3,000. The Court, therefore, awarded plaintiff penalties of $90,000. The Court later awarded costs of $7,473, and plaintiff's full lodestar fees of $342,783, finding no evidence of excessive billing.

Other Information

Ignite filed two appeals, which were rejected in the Ninth Circuit in two memorandum decisions. Plaintiff was awarded an additional $153,547.50 in appellate fees which included a 1.5 multiplier.