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Employment Law
Wage and Hour
Failure to Pay All Wages Due at Termination of Employment

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.


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