Buel v. Chowder House
Filed 6/7/06 Buel v. Chowder House CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| TRACEY BUEL, Plaintiff and Appellant, v. CHOWDER HOUSE, INC., Defendants and Respondents. | A108951 (San Francisco County Super. Ct. No. CGC 03-424462) |
I. Introduction
Plaintiff Tracey Buel (Buel) appeals from a judgment entered on October 6, 2004, following a jury verdict in favor of defendants Chowder House, Inc. (Chowder House) d.b.a. Hungry I, Inc. (Hungry I), BSC Management, LLC (BSC Management), and Isabella Perry (Perry) (collectively, defendants). Buel charged defendants with numerous Labor Code wage and hour violations and retaliatory discharge in violation of California's Fair Employment and Housing Act (Gov. Code, §§ 12900 et seq.) (FEHA). The jury found that Buel was an independent contractor, rather than an employee of Chowder House or BSC Management. Since California's wage and hour laws and FEHA only apply to employees, the trial court entered judgment in favor of defendants. On appeal, Buel contends that the jury erred in finding her to be an independent contractor. We conclude that the jury verdict was supported by substantial evidence and affirm.
II. Factual and Procedural Background
Plaintiff Tracey Buel is an exotic dancer with over 20 years of experience in that occupation. In or about March 1997, Buel began dancing at a San Francisco nightclub called Centerfolds.[1] According to Buel, during the time she danced at Centerfolds, two of the managers (Perry and â€
