30-2014-00704628
Demurrer by Defendant Steve McCorkle to Plaintiff’s Complaint:

Defendant Steve McCorkle’s demurrer to the first through seventh causes of action of plaintiff Roman Ruiz Mora’s complaint is sustained with 21 days leave to amend.

In Reynolds v. Bement (2005) 36 Cal. 4th 1075 (abrogated on other grounds in Martinez v. Combs (2010) 49 Cal. 4th 35, 75), the California Supreme Court ruled that California law does not impose personal liability on corporate officers or directors for wages owed by a corporate employer. “Under the common law, corporate agents acting within the scope of their agency are not personally liable for the corporate employer’s failure to pay its employees’ wages.” 36 Cal. 4th at 1087. “And directors or officers of a corporation do not incur personal liability for torts of the corporation merely by reason of their official position.” Id. (citation and internal quote marks omitted).

The Supreme Court also noted that personal liability may still be found based on established common law or statutory theories. Id. at 1089.

Accordingly, a corporate agent could be personally liable for a claim for wages if liability could be established under common law or statutory theories, such as on the basis of having participated in the wrong. United States Liab. Ins. Co. v. Haidinger-Hayes, Inc. (1970) 1 Cal. 3d 586, 595 (cited by Reynolds v. Bement, 36 Cal. 4th at 1089).

Other than a general allegation of employer status, Plaintiff does not allege facts that McCorkle was Plaintiff’s employer or exercised any control over the payment of Plaintiff’s wages, his hours or his work conditions. Plaintiff alleges helping McCorkle move, but at the instruction of Simpson and with the understanding that it was part of his job for Simpson.

Moving Party shall give Notice.