Reilly v. Inquest Tech., Inc., 218 Cal. App. 4th 536 (2013)

Peter Reilly sued Inquest under the Independent Wholesale Representatives Contractual Relations Act of 1990, Civil Code § 1738.10, et seq. (the “Act”), which was created to protect sales representatives who receive commissions from, but who are not employed by, a manufacturer. The jury entered a general verdict in favor of Reilly, awarding him more than $2 million for owed commissions, and determined by a special findings verdict that Inquest had violated the terms of the Act by willfully failing to provide Reilly with a written contract. Pursuant to the Act’s penalty provisions, the trial court awarded Reilly treble damages. The Court of Appeal affirmed the judgment, holding that the Act did apply (Inquest did not oppose Reilly’s motion for summary adjudication on this issue) and that there was sufficient evidence that Inquest breached a contract with Reilly.