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SMITH v. SUPERIOR COURT

No. B176918.

19 Cal.Rptr.3d 766 (2004)

Amanza SMITH, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; L'Oréal USA, Inc., Real Party in Interest.

Court of Appeals of California, Second District, Division Five.

Review Granted January 19, 2005.

Attorney(s) appearing for the Case

Glancy, Binkow & Goldberg, Lionel Z. Glancy, Kevin F. Ruf, Los Angeles, and Avi Wagner for Petitioner.

Morgenstein & Jubelirer, William J. Carroll, Bruce A. Wagman and Bita A. Karabian, San Francisco, for Real Party in Interest.

No appearance on behalf of Respondent.

GRIGNON, J.

In this case, we conclude that an individual hired for one day at a flat fee to model in a hair show is not "discharged" by the hair show promoter, within the meaning of Labor Code section 201, when the hair show is finished and the model leaves. Accordingly, the hair show promoter is not required, under Labor Code section 201, to pay the model "immediately" upon completion of the hair show and the model is not entitled to a "waiting time penalty" pursuant...

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