Case details
Employer claimed commission procedure was acceptable
SUMMARY
$127749.37
Amount
Decision-Plaintiff
Result type
Not present
Ruling
KEYWORDS
FACTS
From 2009 until 2013, plaintiffs Edgar Morales and Marco Ponce, both men in their 20s, worked in auto sales for Midway Jeep Chrysler, an automobile dealership in San Diego. Morales and Ponce did not work at the dealership at the same time, but their employment history did overlap there at times. However, they both alleged that the dealership had a policy of wrongfully holding commissions until a “follow up” was complete and that the dealership’s procedure of “high payoff deductions,” illegally lessened the total amount of commissions they earned. Morales also claimed that he was wrongfully terminated in retaliation for filing the lawsuit. Morales and Ponce sued the operator of Midway Jeep Chrysler, Peck Jeep Eagle Inc., alleging breach of contract, fraud, and violations of California’s Labor Code. Defense counsel disputed the plaintiffs’ claims, contending that the dealership’s commission’s procedure was acceptable under California law. A representative of Midway Jeep Chrysler also testified about Morales’ unsatisfactory conduct, which resulted in Morales’ termination. In addition, defense counsel noted that the dealership was sold in 2015 and that Morales and Ponce were both told there would be nothing to recover against the dealership because even if there was a judgment, the dealership would be going through a Chapter VII bankruptcy proceeding., Morales and Ponce both sought recovery for their alleged lost commission, as well as civil penalties under the Private Attorneys General Act. Morales also sought recovery of damages as a result of his termination. He claimed that he was unemployed for 3.5 years after his termination and testified about his difficulty finding work. Defense counsel disputed the amount sought by the plaintiffs, and did it own analysis of their potential damages.
COURT
Superior Court of San Diego County, San Diego, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury