GRUENDL vs OEWEL PARTNERSHIP INC.

Case No. 939820;

Verdict Date: September 10, 1993

TOPIC: Contract -- Unpaid Commission -- Real Estate Broker

RESULT: $55,830.58 (Plaintiff Verdict)

SPECIALS: Unpaid compensation $30,089.04

STATE: Northern California

AREA: San Francisco County

JUDGE: Judge Jack Halpin

PLAINTIFF ATTORNEY: Harvey Sohnen, for Page & Sohnen, Walnut Creek

DEFENDANT ATTORNEY: William Dritsas, for Seyfarth, Shaw, Et., San Francisco

POLL: Poll was 12 to 0. Jurors deliberated for 2 hours.

FACTS: In 1990, plaintiff (a 32yr real estate broker) entered into an agreement with defendant for obtaining leases for shopping center tenants. Under an incentive program, payments were due based on a formula using projected rents, with subjective factors such as expected profitability of the project, to be considered.

Plaintiff brought the subject suit when defendants failed to pay him his unpaid compensation and under Labor Code Section 203 penalties.

PLAINTIFF CLAIMED that: defendant guaranteed him all past computed payments if he would convert from salary plus commission to commission only; as a result of that guarantee he stayed without salary.

DEFENDANT CONTENDED that: no such guarantee was made; no money was due since the projects turned out to be unprofitable.

OFFER: None

DEMAND: $45,000

TRIAL TIME: 4 Day Trial

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