California Court of Appeal

In an action seeking to recover commissions from a transaction, trial court's grant of summary judgment for defendant is affirmed where: 1) the trial court erred by concluding that plaintiff's failure to procure a broker's license barred his recovery as a matter of law, but the written employment agreement still precludes plaintiff from collecting additional commissions post-termination; 2) there are no triable issues of fact as plaintiff's claim of breach of the implied covenant of good faith and fair dealing; 3) defendant's failure to pay commissions after plaintiff was terminated cannot constitute a violation of the Labor Code or an unfair business practice; and 4) trial court did not abuse its discretion in awarding attorney's fees.

Appellate Information

• Decided 06/03/2009
• Published 06/03/2009

Judges

• SUZUKAWA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Randy Nein, in pro. per., and John Jahrmarkt, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Graves Law Office, Philip J. Graves, and Fredricka Ung, Los Angeles, for Defendants and Respondents.