Abrishamcar v. Oracle Am.

Opinion

COMPLEX CIVIL LITIGATION

REPRESENTATIVE ACTION

CASE MANAGEMENT ORDER #16

On March 22, 2018, hearing on the cross-motions for summary adjudication of a stipulated issue was held in Department 2 of this Court before the Honorable Marie S. Weiner. XinYing Valerian of Valerian Law, and Laura Ho of Goldstein Borgen Dardarian & Ho appeared on behalf of Plaintiffs Maryam Abrishamcar and Kavi Kapur, and Brendan Dolan and Brittany Sachs of Vedder Price (CA) LLP appeared on behalf of Defendant Oracle America Inc.

Upon due consideration of the briefs and evidence presented, and the oral argument of counsel for the parties, and having taken the matter under submission for further legal research,

IT IS HEREBY ORDERED as follows:

Defendant Oracle America Inc.'s Motion for Summary Adjudication is DENIED.

Plaintiff Maryam Abrishamcar's [*2]  Motion for Summary Adjudication is GRANTED.

Plaintiff Maryam Abrishamcar has proven on undisputed evidence that she is an "aggrieved employee" as to whom Defendant Oracle America Inc. violated California Labor Code Section 2751 by failing to provide Plaintiff with a signed commission agreement, and thus she may seek civil penalties under the California Private Attorneys General Act, Labor Code §§ 2698, et seq. ("PAGA").

Plaintiff's requests for judicial notice are GRANTED.

Plaintiff's Evidentiary Objections to the Lutz Declaration is GRANTED as to the last sentence of Paragraph 13, and are otherwise OVERRULED.

THE COURT FINDS as follows:

Labor Code Section 2751

The law provides that contracts may be formed and exist as oral, implied, or written. (Civil Code §§1619-1622.) The law requires that some contracts must be in writing in order to be enforceable. The most common recitation of such mandatory written contracts is called the Statute of Frauds, set forth in Civil Code Section 1624. It states in pertinent part: "The following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party's agent. . . . For purposes of this subdivision, the tangible written text produced by telex, telefacsimile, computer retrieval, or other process [*3]  by which electronic signals are transmitted by telephone or otherwise shall constitute a writing, and any symbol executed or adopted by a party with the present intention to authenticate a writing shall constitute a signing. . . ."

Plaintiffs have brought a representative action under PAGA seeking statutory penalties for multiple alleged violations of the Labor Code by Defendant Oracle in regard to commissioned sales employees. One of Plaintiffs' claims is that Defendant Oracle, their employer, violated Labor Code Section 2751, which mandates particular requirements for commission contracts.

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