Rydstrom v. Federal Insurance Co.
Rydstrom v. Federal Insurance Co.
Opinion of the Court
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [27] AND DENYING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT [26]
I. INTRODUCTION
This insurance coverage dispute turns on the interpretation of two policy terms, “participants” and “management.” Before the Court are Defendant Federal Insurance Company’s motion for summary judgment and Plaintiffs Jerie and Donald Rydstrom’s motion for partial summary judgment, (ECF Ños. 26-27.) For the following reasons, the Court GRANTS Defendant’s motion' and DENIES Plaintiffs’ motion.
II. FACTUAL BACKGROUND
Plaintiffs are the parents and beneficiaries/potential beneficiaries of insurance policies covering/potentially covering their deceased son Darren Rydstrom. (See Con-sol. Compl. ¶¶ 5, 14-18, 33-45, ECF No. 22.) Defendant is the insurer that underwrote those policies. (Resnick Decl., Exs. A, B, ECF No. 27.)
Darren was a director of photography and camera operator by trade, primarily in the reality television genre,. (Johnson Decl., Ex. C, ECF, No. 27.) On February 2, 2013, Darren formally agreed to be the director of photography for Bongo, LLC’s
Bongo had three insurance policies that functioned to protect it against adverse events arising from the production of “Lone Operator”: a Special Risk Policy (“the AD & D policy”), a Guild Travel Accident Policy (“the Travel policy”), and a workers’ compensation policy. (Resnick Deck, Exs. A, B; Johnson Deck, Ex. A.) The AD & D policy provided $1 million of accidental death, coverage to .“all participants in the production entitled ‘Lone Operator.’ ” (Resnick Deck, Ex. B at 62-68.) The Travel policy provided accident coverage to three classes of persons: (1) employees associated with a guild; (2) employees not associated with a guild; and (3) all management employees. (Id, Ex. A at 21.) The beneficiaries of Class 2 non-guild employees would receive $250,000 in the event of the non-guild employee’s death and the beneficiaries of Class 3 management employees would receive $500,000 in the event of the management employee’s death. (Id. at 22.)
On February 10, 2013, Darren was flying in a helicopter with Michael Donatelli, an “on camera personality” in “Lone Operator,” when it crashed into a hillside killing its occupants. (Johnson Deck, Ex. F at 246; Consol. Compl. ¶ 11.) After the crash, Defendant deemed Darren a Class 2 non-guild- employee under the Travel policy and paid Plaintiffs $250,000. (See Resnick Dep. 35:13-35:20, ECF No. 27; see also Pis. Opp’n 7 n.2, EOF No. 31.)
On February 5, 2016, Plaintiff Jerie Rydstrom filed a complaint in the California Superior Court for the County of Los Angeles alleging that she was owed .$1 million dollars as a beneficiary under the AD & D policy because Darren was a “participant[j in the production ■ of Lone Operator.” (See Compl., ECF No. 1-1 (case ending in 2543).) On February 9, 2016, Plaintiff Donald Rydstrom also filed a complaint' in the California Superior Court for the County of Los Angeles alleging the same. (See Compl.,- ECF No. 1 (case- ending in 2614).) Defendant removed these cases on April 15 and April 13, 2016, respectively.
On July 5, 2016', the Court consolidated Donald Rydstrom’s case with Jerie Rydst-rom’s case.
On May 15, 2017, Defendant moved for summary judgment and Plaintiffs moved for partial summary judgment on causes of action one, three, five, and seven. (EOF Nos. 26-27.) Both motions are now fully briefed and ready for decision. (EOF Nos. 30-33.)
III. LEGAL STANDARD
A court “shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). Courts must view the facts and draw reasonable inferences in the light most favorable to the nonmoving party. Scott v. Harris, 550 U.S. 372, 378, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). A disputed fact is “material” where resolution of that fact might affect the outcome of the suit under the governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1968). The dispute is “genuine” where “the evidence is such that a reasonable jury could return a verdict for the nonmov-ing party.” Id.
When the moving party has carried its burden under Rule 56(c), the opposing party must show more than some metaphysical doubt as to the material facts; the nonmoving party must come forward with “specific facts showing that there is a genuine issue for trial.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (emphasis in original) (citing Fed. Rule Civ. Proc. 56(e)). ‘Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no ‘genuine issue for trial.’ ” Matsushita Elec. Indus. Co., 475 U.S. at 587, 106 S.Ct. 1348 (quoting First Nat. Bank of Ariz. v. Cities Serv. Co., 391 U.S. 253, 288, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968)).
IV. DISCUSSION
The parties disagree over whether “participants” and “management” are subject to more than one interpretation, and if the terms are subject to more than one interpretation, which interpretation controls.
In the first phase, the defendant submits extrinsic evidence to the court that points to a reasonable alternative interpretation of the relevant terms, distinct from the interpretation proposed by the plaintiff. See id. Once this evidence has been “provisionally receive[d],” the court conducts an examination of the evidence to determine whether the proposed alternative interpretation is reasonable. Wolf, 162 Cal.App.4th at 1126, 76 Cal.Rptr.3d 585; Dore v. Arnold Worldwide, Inc., 39 Cal.4th 384, 393, 46 Cal.Rptr.3d 668, 139 P.3d 56 (2006) (‘When a dispute arises over the meaning of contract language, the first question to be decided is whether the language is ‘reasonably susceptible’ to the interpretation urged by the party.”) (quoting Southern Cal. Edison Co. v. Superior Court, 37 Cal.App.4th 839, 847, 44 Cal.Rptr.2d 227 (1995)).
A. Participants
The essence of Plaintiffs’ argument is that “all participants in the production of Lone Operator” should be interpreted in the most literal sense to mean every person involved in the production of “Lone Operator” from the lowliest production assistant to the producer himself. (See Pis. Mot. 10, ECF No. 26-1 (“Federal’s ‘Special Risk’ policy unambiguously provides a $1 million death benefit for ‘All participants in the production entitled Lone Operator’ — not a few and not the anointed participants, but all of them. The analysis should stop there ...” (emphasis in original))). Defendant argues that the breadth of this interpretation far exceeds the parties’ intent at the time of contracting. Defendant argues that the contracting parties intended
1. Whether Defendant’s Alternative Interpretation is Reasonable
After1 reviewing the record, the Court finds that Defendant’s alternative interpretation is reasonable.
a. Both Contracting Parties Explicitly Agree With Defendant’s Interpretation
Defendant presents the declaration and deposition testimony of Matthew Johnson, Bongo’s Senior Vice President for Production, and Alan ReSnick, Defendant’s underwriter, to demonstrate that the two parties’ representatives tasked with negotiation and execution of the AD & D policy expressly intended for “participants” to mean persons in front of the camera/This type of extrinsic evidence is permissible to assist in the interpretation process. See Miller, 454 F.3d at 990 (“Extrinsic evidence includes testimony regarding the circumstances in which a contract was written '... ”); Trident Ctr. v. Conn. Gen. Life Ins. Co., 847 F.2d 564, 569 (9th Cir. 1988) (recognizing' that courts may need to' divine the parties’ intent from “self-serving testimony offered by partisan' witnesses' whose recollection is hazy from passage of time and colored by their conflicting interests.”)
Johnson indicates in his declaration that “In seeking AD & D/AME coverage for the ‘Lone Operator’ production Eye-works/Bongo intended to insure and only paid to insure solely ,., ex Special -Forces individuals as ‘participants’ in the ‘Lone Operator’ production. In seeking AD & D/AME coverage for the ‘Lone Operator’ produetion, Eyeworks/Bongo did not intend to insure any of the production crew for ‘Lone Operator.’ Eyeworks/Bongo did not intend to provide coverage for Mr. Rydstrom under the Federal- AD & D/AME policy.” (Johnson Decl. ¶ 28 (emphasis- in original).)-Johnson made a similar statement during his deposition: “The AD & D/AME. is — I’ve only ever bound.it for on-camera talent and in this case, that was -the same.” (Johnson Dep. 25:16-25:18, EOF No. 27.)
Defendant’s underwriter had the same understanding. Resnick indicates in his declaration that he has:
never issued an AD & D policy to Bongo/Eyeworks, or any other policy holder in which the term ‘participants’ was intended to encompass persons other than those who were in front of the camera. The term ‘participants’ was not intended to include, encompass or provide coverage for,the production crew, even if an individual was in charge of a department, and regardless of their job title or responsibilities,
(Resnick Deck ¶ 13; see also id. ¶ 29 (“we always intended and understood ‘participants’ to mean certain actors ... ‘participants’ did not mean everyone involved with the production,”).) These, statements show that both contracting parties actually believe/believed the policy only provides coverage to persons appearing in front of the camera. ■
b. The Contracting Parties’ Conduct Also Demonstrates That They Believed “Participants” Referred to Persons in Front of the Camera
The contracting parties’ conduct also demonstrates that they believed “partici
Additional evidence supports the proposition that “participants” refers to persons in front of the camera, but it requires an intervening logical step: that “participants” refers to “talent” and “talent” refers to. persons in front of the camera. The Court begins by examining the link between “participants” and “talent.” On November 1, 2012, Bongo’s Johnson requested two quotations for AD & D coverage, one from Defendant and one from insure anee broker MIB in order to compare their prices. (Johnson Decl., Ex. K at 268, Ex. L at 271.) In an email to Hearns, Johnson requested an AD & D quote for “4 participants” for “30 shoot days.” (Johnson Decl., Ex. K at 268.) In an email sent two minutes later to MIB, Johnson requested an AD & D quote for “4 people[,] all talent[,] 30 days.” (Johnson Decl., Ex. L at 271:)
Defendant’s conduct demonstrates the same belief. On November 2, 2012, Defendant provided the aforementioned quote based on “4 participants.” (Resnick Decl., Ex. C at 103.) In the next quote, days later on November 5, 2012, “4 participants” was replaced with “4 Insureds (Talent).” (Id., Ex. D at 106.) This was ultimately the version that Bongo agreed to on December 5, 2012. (Id, Ex. E at 108.) After receiving Plaintiffs’ assent to the policy including the “4 Insureds (Talent)” language, Defendant once again used “participants” when it issued the formal AD & D policy. (Id, Ex. B at 62.) Thus, both parties appear to have used and accepted “participants” and “talent” as interchangeable.
With this understanding in mind, the Court turns its attention to the link between “talent” and pérsons'in front of the
Defendant also presents evidence of pattern and practice in the industry and in the parties’ prior dealings, which suggests that sophisticated parties, such as those contracting for the AD & D policy here, would have used “talent” to mean persons in front of the camera. (See Traylor Decl., Ex D at 40 (Resnick at his deposition “In the normal course of my business, when I say ‘talent,’ I am referring to on camera. I don’t know anyone who refers to ‘talent’ in my business who is referring to anyone else.”); Ex. C at 31 (Johnson at his deposition essentially stating the same)); Res-nick Decl. ¶ 12 (“Talent in both my custom and practice, and in particular my workings with this policy holder and its broker, always meant those persons appearing in front of the camera only.”)
Based on the evidence discussed in the two prior subsections, the Court finds Defendant’s alternative interpretation reasonable. As such, the Court turns to the question of whether Plaintiffs’ or Defendant’s interpretation should control.
2. Which of the Two Interpretations Controls
The Court finds that Defendant’s interpretation expresses the parties’ intended meaning of “participants” at the time of contracting. Plaintiffs’ evidence and arguments in favor of their interpretation and rebuttal of Defendant’s interpretation are not sufficient to avoid summary judgment.
In the event Producer is prevented from or materially hampered in obtaining the materials, labor or facilities necessary for filming ... by reason of any local, municipal, state or United States law or ordinance ... or by .illness or incapacity of any key crew members and/or participants appearing in the series [“Participants”].
(Johnson Decl., Ex. E at 229.) Plaintiffs argue that “participants” in this sentence is used as shorthand for key crew members and those appearing in front of the camera. (Pis. Reply 8, ECF No. 33.) The Court disagrees with Plaintiffs’ proposed reading of the sentence. In the context of the sentence as a whole, the summarizing parenthetical refers only to the final phrase of the sentence after the and/or, to “participants' appearing in the series.” Indeed, if anything, the sentence tends to support Defendant’s interpretation — anyone “appearing in the series” suggests “participants” are persons “appearing” in front of the camera.
Plaintiffs next argue that the Court should adopt its broad interpretation of “participants” because the number of persons falling within Defendant’s interpretation of “participants” could have been four or five.
Finally, Plaintiffs argue that even if Defendant’s interpretation of “participants” to mean “talent” is correct, Darren was talent. Plaintiffs cite an entertainment
• After considering the undisputed evidence, the Court finds that Defendant has shown that its interpretation of “participants” was the one the parties intended at the time of contracting. Having found that the correct interpretation of “participants” is persons appearing in front of the camera, the Court finds that Darren, a person behind the camera, is not covered by the AD & D policy. As such, Defendant did not breach the AD & D policy by withholding payment from Plaintiffs and cannot be held liable for tortious breach of the implied covenant of good faith related to that policy. Fortaleza v. PNC Fin. Servs. Group, Inc., 642 F.Supp.2d 1012, 1021-22 (N.D. Cal. 2009) (“To establish a breach of an implied covenant of good faith and fair dealing, a plaintiff must establish the existence of a contractual obligation .,. ”). Likewise, Plaintiffs .ape not entitled to declaratory relief and are not owed money by Defendant lender the AD & D policy. As such, the Court GRANTS Defendant’s motion for summary judgment as to causes of action one through four and DENIES Plaintiffs’ motion for partial summary judgment as to causes of action one and three.
B.. Management
As with “participants,” Plaintiffs argue that the Court should interpret “management” in accord with its plain and ordinary
1. Whether Defendant’s Alternative Interpretation is Reasonable
As in the “participants” section above, the Court finds that Defendant’s alternative interpretation is reasonable.
a. The Evidence Suggests That “Management” Pertains Only to Twelve Full-Time, Permanent Employees Working at Bongo's Corporate Level
Significant evidence supports ' Defendant’s proposed interpretation. To begin, the two contracting parties’ representatives, Resnick and Johnson, have each submitted declarations indicating that they intended Class 3 of 'the Travel policy to cover a group of twelve, full-time, permanent employees working at Bongo’s corporate level, not Darren or persons similarly situated to Darren. (See Resnick Decl. ¶ 34 (indicating that Class 3 pertains to “permanent management employees of the policyholder”), 41-42; see also Johnson Decl. ¶¶ 34-36 (noting that “management” was intended to reference “Eyeworks’ full time professionals” not “temporary employees”, or “production crew”).) Defendant further indicates that it purchased a workers’ compensation policy to cover crew rather than covering them under Class 3 of this policy or the AD & D policy. (Johnson Deck ¶ 37.)
Further, as Defendant highlights, the' evidence makes clear that the Travel policy was a part of its broader “corporate insurance” intended to cover all of Bongo’s productions (shows, projects, etc.) over a one-year period. Traylor Deck, Ex. F at 63 (Hearns noting this at her deposition); Resnick Deck ¶ 37 (same); Resnick Deck, Ex. P (reaffirming -this understanding to Hearns after being- asked for clarification); Johnson Decl. ¶-32. Therefore, it does not make sense .that the term “management” -would refer to a person with management, responsibilities in only one of Bongo’s .many productions, such as “Lone Operator.” ,
Additionally, emails between -Resnick and Heariis show that the group of twelve persons déemed to be “management” included at least two of Bongo’s corporate officers.' (Resnick Deck, Ex. Q at 14L) This 'suggests that any person falling undér the ■“management” heading would have tó be sufficiently high up' on Bongo’s corporate ladder to warrant consolidation under the same heading as corporate officers. Previous iterations of the Travel policy also support the conclusion that “management” was meant to reference persons high up on Bongo’s corporate'ladder. (Resnick Deck ¶ 39.) These iterations substituted “executives” for “management.” (Id.) Resnick intended for “management” to be consistent with the “previous [year’s] ,.. use of executives” when he wrote the relevant policy. (Id.) .
After reviewing the record, the Court finds Defendant’s proposed interpretation of ■ “management” reasonable. As in the “participants” section, the Court next turns- to which of the two proposed interpretations-should control.
2. Which of the Two Interpretations Controls
The Court again finds that Defendant’s interpretation expresses the parties’ intended meaning at the time of contracting. Plaintiffs have not offered any significant extrinsic evidence to .rebut the evidence Defendant offers in support of its interpretation. Instead, Plaintiffs offer regulatory and dictionary definitions of “management” without regard for how the par
First, Plaintiffs point to a definition of management in 29 C.F.R. § 541.102. (Pis. Mot. 13-14; Pis. Opp’n 11.) Section 541 provides for certain exceptions to federal wage and hour laws for “executive, administrative, or professional” employees. Section 541.100 provides the requirements to be deemed an exempt executive employee. Among other requirements, an executive employee’s “primary duty” must be “management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof.” 29 C.F.R. § 541.100(a)(l)(2). Section 541.102 provides a definition of management for the purposes of evaluating whether the employee in question meets the requirement in subsection 541.100(a)(1)(2). Plaintiffs have not explained how a definition of “management” used to determine whether a person is an exempt executive employee is relevant to the whether an employee was “management” within the context of the travel insurance policy at issue. Therefore, while regulatory definitions can be useful in some instances to assist in the interpretation of a contract, see, e.g., Garamendi v. Golden Eagle Insurance Co., 127 Cal.App.4th 480, 486, 25 Cal.Rptr.3d 642 (2005), the Court gives little to no weight to the regulatory definition of “management” offered here.
Plaintiffs next point to a Merriam Webster Dictionary definition of “manage”: “1: Handle, control: to direct or carry on business or affairs ...” (emphasis supplied). (Pis. Opp’n 23 (emphasis in original).) Plaintiffs argue that because the definition contains “to direct” and Darren was a “director of photography” “[t]his makes him a Class 3 insured.” (Id.) This analysis amounts to a gross oversimplification and relies on the use of false equivalents. Further, as the Court indicated in the “participants” section above, evidence of plain and ordinary meaning will not function to overcome specialized meaning given to terms by the parties.
Even if the Court were willing to consider some colloquial definition of management, Darren was clearly not management, even within the context of the “Lone Operator” production. While he may have overseen the work of five persons in the camera department, he did not make hiring decisions or exercise creative control over the show. (Johnson Deck ¶31 (acknowledging that Darren was “in charge of the camera department for ‘Lone Operator’ ”)); but see id. ¶ 22 (noting that Darren did not exercise creative control); Ex. E at 230 (Crew Deal Memo explaining that “As between the employee [Darren] and Producer, Producer will have full control and final approval over any and all business, financial, creative, artistic, and other elements in connection with the Series.”); Johnson Dep. 38:17-38:20, ECF No. 31-2 (indicating that while the director of photography may be in charge of the camera department he must “answer[ ] to the director and executive producer and exe-cut[e] what their vision is”); Crooke Deck Ex. M at 197 (demonstrating that although Darren made recommendations about potential crew for the camera department, these recommendations were subject to review and approval before offers were extended).
The Court has considered both sides’ proposed interpretations and all of the
y. CONCLUSION
This Court deeply sympathizes with Plaintiffs who lost their son in a tragic aviation accident. However, this sympathy does not change the fact that “the record taken as a whole could not lead a rational trier of fact” to find for Plaintiffs in this insurance coverage dispute. See Matsushita, 475 U.S. at 587, 106 S.Ct. 1348. Accordingly, the Court GRANTS Defendant’s motion for summary judgment (ECF No. 27) and DENIES Plaintiffs’ motion for partial summary judgment (ECF No. 26). Additionally, the Court seals the record (ECF Nos. 26-33) to protect Darren’s personal information. The Clerk of Court shall close the cases.
IT IS SO ORDERED.
. Bongo is a wholly owned subsidiary of parent company Eyeworks USA, LLC ("Eye-works"). (Johnson Decl. ¶ 5.) For purposes of this decision, the Court refers to the entities collectively as "Bongo.”
. Darren and his mother owned Trip 7 Media, LLC ("Trip 7”). -This South Dakota limited liability company would "loan out” Darren’s services and camera equipment to his employers. (Traylor Deck, Ex. A at 13, ECF No. 27.)
, For this reason, the Court references only the docket associated with Jerie Rydstrom's case in adjudicating the instant motion,
. After considering the papers submitted by the parties, the Court deemed these matters appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15.
. Neither of the terms are defined in the policies themselves.
. Plaintiffs argue that California Insurance Code section 10113, California Code of Civil Procedure section 1856, and California Civil Code 1625 prohibit the Court from considering extrinsic evidence to • interpret the two contracts at issue. (See, e.g., Pis. Opp’n 1; see also Pis. Objections to Evidence, ECF No. SI-SO These statutes are inapposite. California Insurance Code section 10113 prohibits use of incorporation by reference in insurance contracts, an issue not present here. California Code of Civil Procedure section 1856 limits the use of parol evidence but contains an explicit exception allowing for the use of such evidence to "interpret the terms of [an] agreement," the task the Court is faced with here. The statute also provides an explicit exception for parol evidence of the parties’ “course'of dealing.” Cal. Code. Civ. P. § 1856. Finally, California Civil Code 1625 indicates that an "executed contract" "in writing” supersedes any version made during negotiations. Defendant is not arguing that a prior version of the contract made during negotiations controls here, it is arguing about what the terms of the "executed” contract mean.
. Plaintiffs argue that Darren's intent is also relevant citing Insurance Company of North America v. Bechtel, 36 Cal.App.3d 310, 317, 111 Cal.Rptr. 507 (1973). (Pls. Mot. 8, 10.) This is absurd, as Darren was not involved with negotiating the policies at issue — there is ■no evidence that he even knew of their existence. Bechtel is not relevant here. The legal issues in Bechtel are materially different from
. The AD & D policy provides a $1 million death benefit for each participant. (Resnick Deck, Ex, B at 63.)
. Emails in the record make clear that the two quotations were obtained for the purpose of comparison with an eye towards driving down the cost of coverage. (See Johnson Decl:, Ex, K at 209.) To make this comparison work, the quotes necessarily had to be for coverage of the same group of persons. . Johnson’s declaration confirms this understanding. (Id. ¶ 27 (“This was the exact same information I communicated to Federal ...”).)
. Plaintiffs argue that Resnick and Johnson are not qualified to offer custom and practice evidence. The Court disagrees. While Resnick and Johnson could have laid out their experience more clearly and more exhaustively in their declarations, their declarations make clear that both have extensive experience in their respective industries. Resnick is an underwriter, has worked sixteen years for Defendant, and has experience with at least some “similar policies.” (Resnick Decl. ¶¶ 2, 7.) Johnson has been an entertainment executive in production for at least five years, a portion of that time in a Senior Vice President of Production role. (Johnson Decl. ¶ 4.) Further, Plaintiffs deposed the two declarants and had an opportunity to question them about the depth and range of their experience. Even if the evidence of custom and practice offered were for some reason deemed inadmissible, the two declarant's personal experience with the parties and types of contracts at issue would still carry weight.
. Conspicuously absent is any rebuttal evi- . dence from Plaintiffs asserting that pattern and practice in the relevant industry is different than Defendant suggests or that the parties did not use “talent” in their prior dealings as Defendant suggests.
. Plaintiffs also argue that there were seven persons falling within the class at one point. (Mot. 4; Reply 4.) In making this argument, Plaintiffs point to the first page of a call sheet that lists seven names under the heading "Cast.” (Crook Deck, Ex. G at 119.) However, Defendant has presented the second page of the same call sheet, which shows that there were at most five persons to be filmed that day, and that all five were not being filmed at the same time. (Def. Objections to Evidence, Ex. A at 6, ECF No. 30-1); see also Fed. R. Evid. 106 (where one party submits an incomplete document, the other party may submit "another part” of the same document for clarification in response).
. Defendant requests that the Court take judicial notice of this bill. (See ECF No. 27-3.) As Plaintiffs do not oppose Defendant's request and the bill is a publically available state government document not subject to reasonable dispute, the Court grants Defendant’s request.
. Plaintiffs also attempt to cobble together a definition of "talent'' using a combination of logic and the two subsections of California Labor Code § 1700.4, While the Court applauds Plaintiffs’ creativity, the definition of a term within a particular statute has little rele-vanee to the definition of a term in a particular contract where, as here, the parties did not express any desire for the term to be interpreted in light of the statute and the statute does not govern the specific contract at issue.
. As Defendant further points out, subsection 541.100 would not apply in any way to Darren because he was hired as an hourly employee. The first consideration in determining whether an employee is “executive” is whether they are salaried. 29 C.F.R. § 541.100(a)(1).
Reference
- Full Case Name
- Jerie S. RYDSTROM Donald Rydstrom v. FEDERAL INSURANCE COMPANY and Does 1 through 50, inclusive
- Status
- Published