Nature of Proceedings: Demurrer and Motion to Strike

Defendant Landmark Global, Inc. (Landmark) is in the business of providing shipping and delivery services both in the United States and globally. (Complaint, � 4.) On January 13, 2013, plaintiff Wayne Douglas Pilkington, aka Doug Pilkington, entered into a written agreement with Landmark. (Complaint, � 5 & exhibit 1.) Pilkington was employed by Landmark from January 14, 2013, to December 27, 2013, with the job title of Major Account Executive. (Complaint, � 6.)

The January 13, 2013, agreement provides: �Your employment is at-will. This means that either you or Landmark may end your employment at any time, with or without cause, and with or without notice.� (Complaint, exhibit 1, p. 3.)

The January 13, 2013, agreement provides for a commission draw of $16,667 per month until May 14, 2013, of $12,500 per month from May 15, 2013, to January 14, 2014, and no draw thereafter. (Complaint, exhibit 1, p. 6.) Pilkington�s compensation to J