Richard Gardner v. Langdon Wilson International, and Does 1 through 20
Published: May 28, 2016 | Result Date: May 5, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2015-00803028-CU-OE-CJC Summary Judgment – $68,196
Court
Orange Superior
Attorneys
Plaintiff
Krista DiMercurio
(Magarian & DiMercurio APLC)
Mark D. Magarian
(Magarian & DiMercurio APLC)
Defendant
Emahn Counts
(Counts Law Firm PC)
Facts
Plaintiff Richard Gardner, an architect, sued his former employer Langdon Wilson International, an architecture firm, for failure to pay wages, failure to reimburse expenses, and failure to pay all wages due at termination of employment.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he resigned from his employment with defendant after working for more than two months without being paid any portion of his wages or car allowance. He claimed that defendant never paid him his past-due wages, car allowance or accrued vacation.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations.
Defendant admitted the allegations in discovery except for part of the claim, which plaintiff deleted in its motion for summary judgment. Hence no opposition. The issue was simply non-ability to pay.
Result
The court granted plaintiff's unopposed motion for summary judgment, finding he had established each element of his causes of action. The court awarded him $17,812.48 in wages, $38,504.56 for accrued vacation, $918.64 in unreimbursed approved expenses due upon termination, and $10,960.80 in waiting time penalties, for a total of $68,196.48
Other Information
FILING DATE: Aug. 7, 2015.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390