Brinson

Brinson v. Linda Rose Joint Venture

Good Law
53 F.3d 1044·1995 WL 248550
United States Court of Appeals for the Ninth CircuitMay 1, 1995No. 93-36067California2,774 words

Opinion

Lead Opinion

Orrick, J.

. Appellant, Kary Brinson (“Brinson”), a cook aboard the factory trawler Linda Rose (“Vessel”), appeals a summary judgment in favor of Linda Rose Joint Venture, Simonson Enterprises III, Inc., Thornton VI, Inc., and the Vessel 1 (collectively “appellees”), involving her contract of employment (“Contract”) as a crew member of the Vessel with Golden Age Fisheries (“Golden Age”), a company owned and controlled by Simonson Enterprises III, Inc., which manages the fisheries business controlling the Linda Rose. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

The gravamen of the action brought by Brinson against the appellees is an alleged breach of contract 2 by Golden Age and ap-pellees, alleging she was not paid the full amount of the compensation set forth in the Contract. Brinson understood she would be paid a guaranteed daily wage with a potential for a bonus, based on a share of the Vessel’s catch. Brinson alleges that appellees, acting through Golden Age, failed to estimate the value of the catch in good faith and improperly deducted from the bonus portion of her pay a share of a commission.payable to their in-house management…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.