Opinion
No. C 08-03894 SI.
October 24, 2011
ORDER RE: PLAINTIFFS' MOTION TO AUGMENT EXPERT WITNESS LIST, AND JURY INSTRUCTION DISPUTE
On October 24, 2011, during trial in the above-captioned matter, two issues arose for immediate resolution. The first is whether plaintiffs will be allowed to augment their expert witness list in light of their unanticipated difficulty contacting their damages expert Dr. Paul Wazzan. The second issue is the proposed jury instructions concerning whether monthly draws plaintiffs received were salary or commissions.
I. Plaintiffs' Motion to Augment Expert Witness List
II. Dispute over Jury Instruction Regarding Monthly Draws
Agnew v. Cameron 247 Cal. App. 2d 619 in the absence of express stipulation or convincing circumstances indicated a contrary agreement Id.
DRAW ON COMMISSION — SALARY VERSUS COMMISSION
A draw or advance against commission is considered a commission if there is an express or implied promise from the employee to repay the advance.
A draw or advance against commission is considered a salary if there is no express or implied promise from the employee to repay the advance.