This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Unfair Competition

Jonathan Abed v. Vyaire Medical Inc., and Does 1 through 50, inclusive

Published: Aug. 23, 2024 | Result Date: May 21, 2024 | Filing Date: May 21, 2024 |

Case number: 8:21-cv-01012-JVS-JDE Bench Decision –  $550,000

Judge

James V. Selna

Court

CD CA


Attorneys

Plaintiff

Christopher E. Gavriliuc
(Stevens & McMillan)

Heather K. McMillan-Delaney
(Stevens & McMillan)

Daniel P. Stevens
(Stevens & McMillan)


Defendant

John J. Shaeffer
(Fox Rothschild LLP)

Daniel V. Kitzes
(Fox Rothschild LLP)


Facts

During his tenure at Defendant Vyaire Medical, Plaintiff Jonathan Abed was eligible for incentive plants, none of which explicitly required continued employment at the time bonus was issued. Plaintiff left the company in November 2020, and he filed this suit after Defendant refused to pay his bonuses accrued under the incentive plans.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that Defendant breached a contract, engaged in unfair competition, and failed to pay wages and penalty.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

The court ordered Defendant to pay $550,000, including $100,932.28 in damages, $4,114.46 in costs, $37,690.97 in interest, and $400,262.29 in attorney fees.


#143319

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390