Ward v. McMahan's of Torrance

215 Cal. App. 2d 511, 30 Cal. Rptr. 213, 1963 Cal. App. LEXIS 2527
CourtCalifornia Court of Appeal
DecidedApril 26, 1963
DocketCiv. No. 26685
StatusPublished
Cited by3 cases

This text of 215 Cal. App. 2d 511 (Ward v. McMahan's of Torrance) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ward v. McMahan's of Torrance, 215 Cal. App. 2d 511, 30 Cal. Rptr. 213, 1963 Cal. App. LEXIS 2527 (Cal. Ct. App. 1963).

Opinion

WOOD, P. J.

This is an action by a former employee of defendant corporations, McMahan’s of Torrance and McMahan’s of Vista, to recover compensation for overtime services and for vacation periods. He also sought to recover a bonus, under an oral contract, and penalties under section 203 of the Labor Code (failure to pay wages immediately). In a cross-complaint McMahan’s of Torrance sought to recover from plaintiff the amount of bonuses it had paid to him and the balance allegedly unpaid for goods sold. After plaintiff had completed his presentation of evidence, the motion of the individual defendants (not the corporations) for judgment in their favor was granted. The judgment (as to the corporations) was (1) for plaintiff against McMahan’s of Torrance for $3,768.81; (2) for plaintiff against McMahan’s of Vista for $383; and (3) for McMahan’s of Torrance (on its cross-complaint) against plaintiff for $139. (There is no provision in the judgment regarding the individual defendants.)

The defendant corporations appeal from the portions of the judgment in favor of plaintiff.

[513]*513Appellants contend that the evidence does not support certain findings or the judgment; that the findings do not support the judgment; and that the court erred in rulings as to the admissibility of evidence.

It may be stated generally that defendants’ principal arguments are that the court erred in receiving in evidence a collective-bargaining contract in which the parties named therein are the Retail Clerks Union, Local No. 905, as first party, and McMahan’s Furniture Co., as second party, and that the portion of the judgment, based on that contract, against McMahan’s of Torrance ($3,263.81) is not supported by the evidence or the findings.

In July 1955 plaintiff was employed by defendant Mc-Mahan’s of Torrance as a salesman in its furniture store, and he continued in that capacity until November 1958, when he became assistant manager of the store. In June 1959, by agreement, his employment by McMahan’s of Torrance was terminated, and he was employed by defendant McMahan’s of Vista as manager of its store. In January 1960, by agreement, his employmeent by McMahan’s of Vista was terminated, and he was reemployed by McMahan’s of Torrance as manager. In May 1960 he was discharged by McMahan’s of Torrance for failure to follow its policies.

While plaintiff was employed by McMahan’s of Torrance as a salesman he received $197 a month as wages and approximately $525 a month as commissions (including vacation pay based on commissions). As assistant manager of McMahan’s of Torrance and as salesman he received $247.18 a month as wages and approximately $1,540 a month as commissions (including vacation pay based on commissions); and as manager there he received $700 a month as salary and approximately $925 a month as bonuses. As manager of Mc-Mahan’s of Vista he received $700 a month as salary and approximately $810 a month as bonuses.

After plaintiff was discharged by McMahan’s of Torrance in 1960, he commenced this action in which he sought to recover: (1) $6,161.80, under collective-bargaining contracts (of 1955 and 1956) allegedly entered into between defendants and the Retail Clerks Union, as compensation for overtime services rendered during the period he was employed as salesman and as assistant manager of McMahan’s of Torrance; (2) $261, under said agreements, as compensation for vacation time which he alleged he was entitled to receive in 1956 and 1959; (3) $350, under a purported oral agreement made [514]*514with defendants about June 15, 1959, as compensation for vacation time he allegedly was entitled to receive in 1959 and I960; and (4) $700 as a penalty under section 203 of the Labor Code.

In a cross-complaint McMahan’s of Torrance sought to recover $26,000 from plaintiff for money had and received, and $22,139 for goods sold and delivered. During the trial the attorney for defendants stated that the cause of action for money had and received would be restricted to $3,713.74, which plaintiff had received as a bonus from McMahan’s of Torrance during 1960. Also during the trial, the parties agreed that judgment on the cause of action of the cross-complaint for goods sold might be entered for $139.

The court received in evidence, over defendants’ objection (hereinafter referred to), a collective-bargaining contract dated April 26, 1956. The first part of the agreement states that the agreement is made between the Retail Clerks Union, Local No. 905, as first party, and McMahan’s Furniture Co., 1306 Sartori, Torrance, California, as second party. The agreement was signed as follows:

“Retail Clerks, Local No. 905
By: Ben N. Scott, Secretary
First Party
By: Orville Trueblood, Manager
Employer-Second Party”

The court found as follows: “On or about the 26th day of April, 1956, a written contract by and between the Retail Clerks Union, Local No. 905, as First Party, and McMahan’s Furniture Co., as Second Party, was signed by Ben N. Scott, Secretary, for First Party, and Orville Trueblood, Manager, for Second Party.” (Italics added.) The court also found, among other things, in substance as follows: Plaintiff was a member of Retail Clerks Union, Local No. 905, from July 12, 1955, until June 15, 1959. He is entitled to recover $3,263.81 from McMahan’s of Torrance, under the union contract, as compensation for overtime and double time services rendered between March 6, 1957, and June 15. 1959. He is entitled to recover $383 from McMahan’s of Vista, as vacation pay for 1959 “based upon weekly earnings for the year 1958, less time received.” He is entitled to recover $505 from Mc-Mahan’s of Torrance as vacation pay for 1960 “based upon average weekly earnings for the first half of 1959 and one-[515]*515half manager’s salary.” Plaintiff’s claim for compensation for overtime services rendered prior to March 6, 1957, is barred by the statute of limitations. Plaintiff is not entitled to recover “for any item accruing prior to March 6, 1957.” McMahan’s of Torrance is entitled to recover $139 from plaintiff, under the cross-complaint, for goods sold and delivered to him. McMahan’s of Torrance is not entitled to recover from plaintiff, under the cross-complaint, the amounts paid to him as bonuses. Plaintiff “did violate company policy during the time he was manager at McMahan’s of Torrance, but . . . [McMahan’s of Torrance] was not damaged thereby.” (The court did not make findings with respect to plaintiff’s claims for a bonus, or for penalties under said section 203.)

Appellants (defendants) contend that the portion of the judgment against McMahan’s of Torrance based upon the union contract ($3,263.81 for overtime) is not supported by the evidence or the findings. They contend further that the court erred in receiving the union contract in evidence.

Appellants argue that the findings do not support said portion of the judgment (for overtime pay) for the reasons that: there was no finding that Mr. Trueblood had authority to sign the contract upon behalf of McMahan’s of Torrance; there was no finding that Mr. Scott had authority to sign the contract upon behalf of the union; there was no finding that McMahan’s of Torrance entered into the contract with the union; there was no finding “to connect” McMahan’s of Torrance with “McMahan Furniture Co.,” which is referred to in the findings as the second party to the union contract.

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Bluebook (online)
215 Cal. App. 2d 511, 30 Cal. Rptr. 213, 1963 Cal. App. LEXIS 2527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-mcmahans-of-torrance-calctapp-1963.