Treble Damages To Salespersons Who Had No Written Contract.

Plaintiff agreed to use his experience and connections in the high-tech electronic industry to help grow a company owned by defendants. Plaintiff prepared a written document outlining the business relationship with defendants, which included his understanding he would receive 50 percent of the net profits from all sales resulting from his efforts and contacts. The parties never executed the document, but a jury later determined that defendants ultimately accepted its terms, based upon conduct. The jury awarded plaintiff $2,065,702 for owed commissions, after determining defendants willfully failed to provide him with a written contract. Both the trial and appellate courts applied the Independent Wholesale Sales Representatives Contractual Relations Act of 1990 [Civil Code section 1738.10], which was created to protect sales representatives who receive commissions from, but are not employed by, a manufacturer. The appellate court affirmed, including the Act’s treble damages mandate, so the amount awarded arose to $6,197,106. Reilly v. Inquest Technology (Cal. App. Fourth Dist., Div. 3; July 31, 2013) 218 Cal.App.4th 536.