Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 1 of 27 Page ID #:1
~~~~Q 1 KENNETH P. ROBERTS SBN 74955) MICHAEL B. SMITH(SB 136762) 2 RYAN P. TISH SBN 274284) P~~~ ' KEVIN Y. KAN~ONI SBN 292707 r~ ~; ~ 3 K.P. ROBERTS &ASSOCIATES ~ ~ = _ - ~ ~r-T ~ ,_ A PROFESSIONAL LAW CORPbRATI •SF~ Z ~1~~;`,~ ~.'S 4 6355 Topan~ ~a Canyon Boulevard, Suite 4 3 ~q ~• ~ ~1~i~_;!~w, l.. fig Woodland Hills CA 91367 ~~~rC US Drstri~tC ' --~ ~~ 5 Telephone:(81 ~) 888-3553 `'uFr 1cz1 °"n ~ '---- 6 Attorneys for Defendant Howroyd-Wright Employment Agency, Inc. dba AppleOne 7 Employment Services (erroneously sued as Howro d-Wri ht Em Toyment A enc Inc. 8 /AppleyOne Segr-vices,pLtd.) g y~ 9 ~ C~ 10 UNITED STATES DISTRICT COURT m 11 CENTRAL DISTRICT OF CALIFORNIA ~,owZ~ o W ay" ~ ~^ 12 d D m
O ~ m ~ 3 z u APRIL BECERRA-SUUTH,individually, Lase No.: ~: g~ J 13 and on behalf of other members of the x Q~= general public similarly situated, DEFENDANT HOWROYD-WRIGHT ~'~a~Z 14 z wag0 EMPLOYMENT AGENCY INC.'S Plaintiffs, NOTICE OF REMOVAL O~ CIVIL 3 15 ~ ~~~a m ACTION FROM STATE COURT v. BASED UPON FEDERAL-QUESTION 16 JURISDICTION HOWROYD-WRIGHT EMPLOYMENT [28 U.S.C. §§ 1331 & 1441(b)] 17 AGENCY,INC./APPLE ONE SERVICES, LTD., and DOES 1 through 25, 18 Complaint filed: May 16, 2018 Defendants. 19 20 21 22 23 24 25 26 27 28
- 1- DEF HOWROYD-WRIGHT EMPLOYMENT AGENCY,INC.'S NOTICE OF REMOVAL OF CIVIL ACTION FROM STATE COURT BASED UPON FEDERAL-QUESTION JURISDICTION Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 2 of 27 Page ID #:2
TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR 2 THE CENTRAL DISTRICT OF CALIFORNIA,TO PLAINTIFF APRIL 3 BECERRA-SOUTH, AND HER ATTORNEYS OF RECORD: 4 PLEASE TAKE NOTICE that Defendant Howroyd-Wright Employment 5 gency, Inc. dba AppleOne Employment Services ("AppleOne" or "Defendant") hereby 6 removes this action from the Superior Court in the State of California for the County of 7 Los Angeles to the United States District Court for the Central District of California 8 pursuant to 28 U.S.C. sections 1331 and 1441(b) on the following grounds: 9 Background and Procedural History 10 1. On May 16, 2018, Plaintiff April Becerra-South ("Plaintiff') commenced thf 11 above-entitled civil action in the Superior Court for the County of Los Angeles by filing ~,oWoZ~ ~w ~~"~ 12 Complaint therein entitled April Bece~ra-South, individually, and on behalfof other ~ a o m 0 p ~ m ~"3Z~ma 13 members ~; a~~ ofthe general public similarly situated v. Howroyd-Wight Employment x Qa= ~ ° a Zte 14 Agency, Inc./Apple One Services, Ltd., and Does 1 though 25, Case No. BC705971. z w ¢ 0a
~a ~,~om 0 15 True and correct copies of the Complaint, Civil Case Cover Sheet and Civil Case Cover 16 Sheet Addendum and Statement of Location are attached hereto as Exhibit A. 17 2. The Complaint was served on Defendant by personal delivery on CSC, 18 Defendant's registered agent of process, on August 28, 2018. True and correct copies of 19 the Summons and CSC's Notice Service of Process are attached hereto as E~ibit B. 20 3. On May 16, 2018, the Court issued its Notice of Case Assignment. A true 21 and correct copy of the Notice of Case Assignment is attached hereto as E~ibit C. 22 4. To Defendant's knowledge, the documents attached as E~ibits A through C 23 constitute all the state court pleadings, process, and orders to date. See 28 U.S.C. 1446(a). 24 Venue 25 5. Venue is proper in this Court pursuant to 28 U.S.C. §§ 84(c)(2) and 1446. 26 laintiff filed her Complaint in the Superior Court for the County of Los Angeles. Venue 27 upon removal properly lies in the United States District Court for the Central District of 28 California.
-1- DEF HOWROYD-WRIGHT EMPLOYMENT AGENCY,INC.'S NOTICE OF REMOVAL OF CIVIL ACTION FROM STATE COURT BASED UPON FEDERAL-QUESTION JURISDICTION Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 3 of 27 Page ID #:3
1 This Action Presents A Removable Federal Question Under ERISA 2 6. Plaintiff brings this suit on behalf of herself and other members of the
J general public similarly situated, alleging claims under:(1) California Labor Code § 4 227.3 for failure to pay vacation pay to employee;(2) California Business and 5 Professions Code § 17200 for unfair business practices;(3) California Labor Code § 226 6 for failure to provide correct itemized wage statements to employees;(4) California 7 Labor Code § 201-203 for failure to pay discharged employee; and (5) California Labor 8 Code § 2699, et seq. for claims for a civil penalty under the Private Attorneys General 9 Act("PAGA"). (Complaint ¶¶ 11, 15, 19, 23, and 34). 10 7. Plaintiff seeks for herself, and all similarly situated individuals, among other m 11 things, payment of vacation benefits, civil penalties and restitution.(Complaint ¶¶ 12, ~F, z~owo ~ ate"~ w ~o ~~~~ 12 15, 20, 24, and 36). a 0 m O Q J 01 ~/ U m ~;QoZ j13 8. Since the 1990s, Defendant has maintained a vacation benefits trust and a ~ Z J x Q a = ~ ° a Z~ 14 vacation pay plan called The Howroyd Group of Companies VEBA Trust ("Plan") under z w Q a z o ~ ~ ~ ~~ IS ~ ~a m the Employee Retirement and Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 16 1001 et seq. Defendant's Plan provides to its employees a form of paid time off benefit 17 which is governed by ERISA. Defendant does not offer its California employees a 18 vacation benefit other than the Plan benefits offered through the ERISA plan and nothing 19 in California law requires Defendant to offer such benefits. 20 9. The Plan involves and requires an on-going administrative scheme. Bogue v. 21 Ampex Copp.(9th Cir. 1992) 976 F.2d 1319, 1323, cent. denied,(1993) 507 U.S. 1031 22 [arrangements requiring an ongoing administrative scheme are ERISA plans]. 23 (Declaration of Mike Royal ("Royal Decl.") ¶~ 3-4). Further, the benefits are not paid 24 from Defendant's general assets, but rather are an obligation of a funded trust that is 25 insured against mismanagement and guaranteed through a fidelity bond. Massachusetts v. 26 Mo~ash (1989)490 U.S. 107, 114 ["the creation of a separate fund to pay employees 27 vacations benefits" would be subject to ERISA]; McMahon v. Digital Equip. Corp., (1st 28 Cir. 1998) 162 F.3d 28, 36-38 [paid time off plan funded by a trust and insurance, and
- 2- DEF HOWROYD-WRIGHT EMPLOYMENT AGENCY,INC.'S NOTICE OF REMOVAL OF CIVIL ACTION FROM STATE COURT BASED UPON FEDERAL-QUESTION JURISDICTION Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 4 of 27 Page ID #:4
1 secured by a fidelity bond, rather than from general corporate assets, is covered by 2 ERISA]. Hoyal Decl. ¶¶ 3-4. For these reasons, the Plan is an ERISA-covered welfare 3 benefit plan. 4 10. ERISA defines an "employee benefit plan" as "any plan established or 5 maintained by an employer ... for employees for the purpose of providing medical, 6 unemployment, vacation... or similar benefits or services." 29 U.S.C. § 1002(1). 7 Therefore, Defendant's vacation benefits Plan comes within ERISA's ambit. 8 1 1. As part of her Complaint, Plaintiff seeks to require Defendant to pay 9 "vacation wages," which is only offered by Defendant's employee benefit plan, thus 10 making Plaintiff's claim a claim under Section 502(a) of ERISA, 29 U.S.C. § 1132(a),
m 11 0 which provides that "[a] civil action may be brought — (1) by a participant or beneficiary cn z v ~ p"' `~ a Fte "o w ~ N 12 ...(B) to recover benefits due to him under the terms of his plan, [or] to enforce his right ~ a o m p ~ m v m ~ 3g Z~~ J 13 under the terms of the plan, ..." This is a claim over which the district courts of the x Q a ~w °~Zz a ~ 14 United States have jurisdiction, without respect to the amount in controversy or the z Wag z o ~ ~
~ ~~~a m 15 citizenship of the parties pursuant to Section 502€ and (f~ of ERISA. 29 U.S.C. §§ 1132 16 (e) and (~. 17 12. Although a claim under ERISA is not expressly pled in the Complaint, 18 ERISA completely preempts state law claims that are premised on an employer's or 19 plan's failure to provide benefits due under an employee benefit plan. A plaintiff is not 20 permitted to "artfully plead" the complaint to conceal the true nature of the complaint. 21 Tingey v. Pixley-Richards West, Inc. (9th Cir. 1992) 953 F.2d 1124, 1130; Clorox v. 22 United States District Court(9th Cir. 1985) 779 F.2d 517, 521. Thus, the fact that 23 Plaintiff refers to Defendant's Plan benefits as "vacation wages" will not preclude 24 removal. See Metro Life Ins. Co. v. Taylor ("Taylor")(1987) 481 U.S. 58, 66-67 [because 25 ERISA displaces state law claims and substitutes federal claims, claims pled as state law 26 causes of action are recharacterized as federal and as such are removable to federal 27 court]. 28
-3- DEF HOWROYD-WRIGHT EMPLOYMENT AGENCY, INC.'S NOTICE OF REMOVAL OF CIVIL ACTION FROM STATE COURT BASED UPON FEDERAL-QUESTION JURISDICTION Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 5 of 27 Page ID #:5
1 13. The U.S. Court of Appeals for the Ninth Circuit has held that complete 2 preemption exists under Taylor when "(1) ERISA preempts the plaintiff's cause of action 3 and (2)the cause of action falls within the scope of[ERISA's civil enforcement 4 provisions]." Rutledge v. Seyfarth, Shaw, Fairweather c~ Geraldson (9th Cir. 2000) 201 5 F.3d 1212, 1216 (citations omitted), amended, 208 F.3d 1170 (9th Cir. 2000). 6 14. Consequently, what Plaintiffs have pleaded as state law claims are 7 "recharacterized" as federal claims: "Accordingly, this suit, though it purports to raise 8 only state law claims, is necessarily federal in character by virtue of the clearly 9 manifested intent of Congress. It, therefore, `arise[s] under the ... laws ... of the United 10 States,' 28 U.S.C. § 1331, and is removable to federal court by the defendants, 28
~^ 0 l U.S.C.§ 1441(b)...." Taylor, supra, 481 U.S. at 67. Cn Z V O w o ~Wi a~~~ ~ ~^ IZ 15. Because Plaintiff's Complaint is controlled by and dependent upon ~ a o m ~p ~m ~rn 3 Z U ~ a ~ J 13 important federal law, this action is properly removed from the Los Angeles County ~ Z J ~;aa=
~ ° a Z~a 14 Superior Court to this Court by virtue of 28 U.S.C. § 1441(a) and (b) and pursuant to the a 0 z o o ° ~ ~~° 15 procedures set forth in 28 U.S.C. § 1446(a) and (b). The District Court may exercise a ~~m 16 supplemental jurisdiction over Plaintiff's remaining state claims by virtue of 28 U.S.C. § 17 1441(c). 18 Removal Is Timely 19 16. This Notice of Removal is timely. Under 28 U.S.C. § 1446(b), the notice of 20 removal of a civil action must be filed within thirty (30) days of service of the Summons 21 and Complaint. See Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc. (1999) 526 U.S. 22 344, 356 [the 30-day removal period runs from the service of the summons and 23 complaint]. 24 17. On August 28, 2018, Plaintiff served Defendant's agent with the Summons 25 and Complaint. See paragraph 2, supra. This matter is being removed within 30 days of 26 that service of the Summons and Complaint. The Notice of Removal is timely as a 27 matter of law. 28
-4- DEF HOWROYD-WRIGHT EMPLOYMENT AGENCY,INC.'S NOTICE OF REMOVAL OF CIVIL ACTION FROM STATE COURT BASED UPON FEDERAL-QUESTION JURISDICTION Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 6 of 27 Page ID #:6
1 Notice of Removal 2 18. Contemporaneous with the filing of this Notice of Removal with this Court, 3 Defendant will serve this Notice of Removal on Plaintiff's counsel of record. 4 19. Defendant will also contemporaneously file a copy of this Notice of 5 Removal with the Clerk of the Superior Court of the State of California in and for the 6 County of Los Angeles. 7 8 Dated: September 27, 2018 K.P. ROBERTS &ASSOCIATES, 9 A PROFESSIONAL LAW CORPORATION 10
~ Za0 11 N ~~o By: _/s/ Kevin Y. Kanooni aWs°om~ N N I L O o ~ m Kevin Y. Kanooni Attorneys for Defendant ~ ~ m a ~ 3g Z~~ J 13 Howroyd Wright Employment Agency, Inc. dba x a w ~~Z 14 AppleOne Employment Services (erroneously st z wQg0 as Howroyd-Wright Employment Agency, 3 15 ~ ~~~a m Inc./Apple One Services, Ltd.) 16 17 18 19 20 21 22 23 24 25 26 27 28
- 5- DEF HOWROYD-WRIGHT EMPLOYMENT AGENCY,INC.'S NOTICE OF REMOVAL OF CIVIL ACTION FROM STATE COURT BASED UPON FEDERAL-QUESTION JURISDICTION Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 7 of 27 Page ID #:7
1 Michael A. Gould, ~sq. (SBN 1 S x 851) ~o~~~r:~s~ ,~,~ [email protected] Su'~E~rOr Cp~,r~~of C~, 2 Aarin A. Zeif(SBN 247088) {-~~ ~•,~~..,. , ,,,. form [email protected] ~ ~ P ~~ "~~''~ a 3 GOULD & A.SSOC7ATES ~ `' `~~ ~ ~ ~~t~8 A Professional Law Corporation Sherri R. C~~t~rE~r 7822 ~ C~ecutiv~ pfd«Er 4 1 17th Street, Suite 106 'fCl~ ~'r~~ 01 Court Tustin, ~f~nY California 92780 ~y~ ~r ~t~trth► D~pt1ty S Telephone; ~7~4) 669-2850 Facsimile: (714) 544-0800 6 ~-lttorneys for Plaintiff 7 April Becerra-South . 8 SUPE~tIOR COURT OF THE STATE OF CALIFOR1oIIA
9 COUNTY OT LOS AIo1GEIL~S
10 APRIL BECERR.A.-SOUTH, individually, CASE ld'O.: ~~ ~~ ~ ~ ~d ~ and on behal:E of other memUers of the ~ 11 general public similarly siriiated, } ~OIVIPLAINT FOR DA,.IVIAGES FOR: 12 Plaintiff, 1. rAILU1tE TO PRD`VID~ 13 VACATION PA'Y TO EMl'I,~YE~ {C~cC. LrcboY Code § 227.3}; 14 v. 2. UNFAIR BUSINESS 15 PRACTYCE~ HOWRO~D~WRIGHT EMPLOYMENT (Cal. Bicsiness &Professions Code 16 .AGENCY, INC,/APPLE ONE SERVICES, LTD., and DOSS 1 through 25, ~ 17200 et seq.}; 17 3. I+'AILURE 'I`O PROVIDE 18 CORRECT Defendants, ITEMIZED STATEIV~NT TO 19 ~MPLOYE~ (C~cl. ~nGoj~ Code § 226); 20
21 4, I{'AILURE TO ]PAY T➢ISCI~IARGED EMPL~YE~ (C~l. Lr~bo~ Cote §§ 22 201, 202,203). 23 24 5. ~ CLAIIVI FOR .A~ CYVYx.., PENALTY ~ ~~ (Crtl. Libor `ode §§ 2699 et seq.), 25 ~.Tnlimited Civil 26 Demand for a Jury Trial 27 28 .~_ COMPGACNT FOR DAMAGES
~~:HIBIT ~ Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 8 of 27 Page ID #:8
1 GENERAL ALLEGATIQ~IS
2 Plaintiff, April ~ecerza-South (herein after referred to as "Becerra-South"} individually 3 and on behalF of all other persons similarly situated ~ilege as follows;
4 1. Becerra-South is a citizen o:f the State of Cali#'ornia, Plaintiff performed the wo~•Ic
5 ~ that is the subject of this Complaint in the County of Los Angeles, State of California.
6 2. Becerra-Sough is informed and believes and based on such information alleges
7 that Defendant Howroyd-Wright Employment Agency, Inc./Apple One Services, Ltd, is a 8 California Corporation doing business in the County of Los Angeles, State of California. 9 3. Becerra-South is unaware of the true names and capacities of those Defendants 10 sued as Does 1 through 25, Becexia-South will amend this Complaint when those names and i~ capacities become lcnowz~. Qn information atld belief, each o~'the Defendants, including Doe 12 Defendants, is the agents, employees, representatives, or co-conspirators of each of the other
13 Defendants, and in engaging in the conduct alleged herein, did so in furtherance of such
14 relationship,
15 4. Venue is proper in this judicial district because the conduct alleged in this
16 Complaint occu~~ed in this judicial district.
17 CLASS A.LLEGATXOI~IS 18 S. Plaintiff and other similarly situated class members re-allege and incozporate by
19 zeference each and every allegation contained in paragraphs 1 through 4, inclusive, as though
20 fully set forth herein.
21 6. Plaintiff is informed and believes, and thereon alleges, that she is member of the
22 class she represents,
23 7. Plaintiff brings this action as a class actzon pursuant to California Code ofCivil
24 P~ocedu~e ~ 382. The classes that Plaintiff represents is defined as: all former hourly paid
25 v.~orlcers employed by Defendants in ~h~ state of Calil~rnia~~ for the last foL?r years prior to the 26 filing of the Complaint. 27
28
_2_ COMPLAINT FOR DAMAGES Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 9 of 27 Page ID #:9
1 8. This action has been brought and may properly be maintained as a class action 2 pursuant to t11e provisions of the CalfoNn~a Code ofCivil ~~ocedure § 382, because there is a 3 well-defined community of interest in the litigation and the proposed class is ascertainable;
4 a. Ntunerosity: The Plaintiff Class is so numerous that the individual joinder 5 of all members is impractical under the circumstances of this case. While the 6 exact numbez~ of class members is unknown to Plaintiff at this time, Plaintiff is 7 informed and believe, and thereon allege, that there ate over 75 former hourly 8 paid worlce~•s employed by Defendants That Failed to receive vacation wages,
9 received imp~~oper and false paycheck stubs, oiled to receive all wages at 10 discharge, and were subject ~o Defendants' unfair business practices, 1 1 b. Common Questions Predominate; Common questions of law and fact 12 exist as to all members of the Plainti~'f Class and predominate oven any 13 questions that affect only individual members of the class. The common 14 questions of law and fact include, but are not limited to; 15 i. Whether Defendants are subject to Cal. Labor Code § 227.3; 16 ii. VVhethet• Defendants violated California LaboY Code § 227.3; 17 iii. Whether Defendants are subject to California Labor Code § 18 226;
Z9 iv. Whether De~eildants violated California Labor Code § 226; 20 v. Whether Defendants are subject to Califof•nia ~abo~ Code §§ 21 20I, 202, and 203; 22 vi, Whether Defendants violated California Labor Code §§ 201, 23 242 a~ld 203 ~ 'I 24 vii. Whether Defendants are subject to IWC yYage OrdeYs and 2S C~liforn?a Labor Code § 2~ 8.5; 26 viii. 'Whether Defendants vi~Iated ~IWC Wage Ot~ders and California 27 Labor Code § 21$.5; 28
-3- COMPLAINT TOR DAMAGES Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 10 of 27 Page ID #:10
1 ix. `JVliether Defendants axe suUject to California Bicsiness and
2 Professions Code § 17200 et. seq.; 3 x. Whether Defendants violated California Business c~c PNofessions
4 Code § 17200 et, seq.;
5 xi. Whether class members and Plaintiff previously worlced fox
6 Defendants within the applicable statute of limitation;
7 c. Tvpicalit~: Plaintiff's claims are i:ypical of ~:he claims of the class
S members, Plaintiff and the members of the class sustained damages arising out of
9 Defendants' common practice of failing to pay overtime wages, Ca.iling to provide
10 meal and rest periods, failing to pay alb wages due at termination, failing to
11 provide proper paycheck stubs, and failing to pay all wages for all flours worked.
12 Plaintiff and the class members' claims are based on the same legal theories,
13 paxticu~arly IWC ~Yccge Orders, California Labot~ Code §§ 204, S 10, 1194, 201,
14 202, 203, 226, 218.5, 226.7, 510(a), S 12, Cal, Code ofRegtalc~tions § 11040 and
15 California Bicsiness and PYofessions Code § 17200 et seq.
16 d. Adequacy: Plaintiff will fairly and adequately protect the interests of the 17 members of the class, Plaintiff has no inteiest that is adverse to the
18 ~ interests of the other class members.
19 e. Superiority: A class action is superior to other available means for the fair
20 and efficient adjudication of this controversy since individual joinder of
21 all members of the class is impractical; class action trearinent will permit a
22 large number of similarly situated persons to prosecute their common
23 claims in a single forum simultaneously, efficiently, and without the
24 unnecessary duplicAtion of effort and expense that numeiotls individual
S actions would engender, Furthermore, u~ the dar:~ages suffered by each 26 individual member of tie class may be relatively small, the expenses and 27 burden of individual litigation ~vould make it diffcult or impossible fot• 28 individual members oi' the class to redress the wrongs done to them, while
_ ~_ COMPLAINT FOR DAMAGCS Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 11 of 27 Page ID #:11
1 an important public interest will be served by addressing the matter ~s 2 class action. The cost to the court system of the adjudication of such 3 individual litigation would be substantial, Individualized litigation 4 would also present the potential for inconsistent or contradictory 5 judgments.
6 f Public Policy Consideration: Employers throughout the state violate wage 7 and hour laws, Current employees are often ai'z~aid to assert their rights out 8 of fear of di1•ect or indirect retaliation. Former employees are fearful of 9 bringing actions because they perceive their former employers can
10 blacklist them in their fiiriire endeavors though negative references, Class 11 actions provide the class memUers who are not named on the 12 Complaint with a type of anonymity that allows fog vindication of their. 13 righfis. 14 FIRST CA~US]E OF ACTION IS I`ailure to Pay Vested ~~cation Pay 16 (V~ol~tion of C~1. Labor Code § 227.3) 17 9. Plai~~ti~f re-alleges and incorporates by reference each and every allegation 18 contained in paragraphs 1 through 8, inclusive, as though set forth fully herein. 19 10. At all times mentioned in this Complaint, California Labot~ Code § 227.3 was in 20 full force aild effect and binding on Defendant, Said section requires an employer to pay all 21 vested vacation wages upon termination, 22 11. Plaintiff is informed and believes, and thereon alleges, that Defendants failed to 23 _ _ ..pay_ to Plaintiff and class _members all. of vested vacation.wage~a~_#~n~~t~.Qr~.sZf ~mplQy~i~.en~,_. _ ._ ._ 24 12, As a direct result of the actions of Defendants as alleged above, Plaintiff and class 25 members e~.~i~led to recover aiI u~ipaid vacation wages in an amount according to proo~'a~ iaiai. 26 Plaintiff is also entitled to recover attorney's fees and costs pursuanfi to ~'c~lifoYnia Labor Code 27 218,5. 28
_5_ COMPLAINT TOR DAMAGCS Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 12 of 27 Page ID #:12
2 SECONll CAUSE OI' ACTION Unfair Business Practices 3 (Violation of Business and Professions Code X17200 et, sect.) 4 13. Plaintiff re-alleges and incorporate by refez•ence each and every allegation
S cont~.ined in paragraphs 1 through 13, inclusive, ~s though fully set forth herein.
6 14. At alI times herein mel~tioned, California Business and Pf~ofessions Code , 17200
7 et~, seq, were in dull force and effect and binding upon De~.~endants. Said sections prohibit
8 Defendants from engaging in unfair practices including, but not limited to, failing to pay all
9 vacation wages.
10 1 S. Plainti.fi'is infarined end believes, that Defendants engaged and/or engages in
11 unlawful business practices in violation of Califo~•nia Business crud Professions Code X17200 et.
~2 seq. by failing to pay all vacation wages. As a direct result of the actions of Defendants as
13 alleged above, Plaintiff and class members are entitled to restitution pursuant to California
14 Bzrsiness and Professions Code §§ 17203 and 17208 in an amount according to proof at trial.
15 THY][ CA~TSE OY~' ACTIC)N 16 railu~e to Provide Itemized Stafement to Employee . 17 (Violation of Califor~niu Labor Code § 22G) 18 16, Plaintiff re-alleges and incorporates by reference each and every allegation
19 contained in paragraphs 1, through 15, 1riCIL1S1Ve, as though fully set forth herein. 20 17, Plaintiff is informed aild believes, acid thereon alleges, that Defendants are 21 required by law to provide a proper itemized statement to Piainti~fs under California Labor Code 22 § 226. Said section requires employers to give an itemized statement to an employee at eveay
23 pay period which includes gross wages earned, total hours worked by employee, all deductions, 24 net wages earnecC dates for which t ie period was paid, emp~Ioyee's naive and social security number, applicable hourly ~,~ name and address of employez, and all rates. 26 18. At all times mentioned in this Complaint California Labor Cocle § 226 was in fiill 27 force and effect and binding on Defendants. 28
- G- COMPLAINT FOR DAMAC~S Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 13 of 27 Page ID #:13
1 I9~ Notwithsianding the requirements of Califo~ni~r Labo~~ Code § 226, Plaintiff end 2 class members received improper ~zcl false itemized statements causing injury in violation of 3 Cc~lifo~^nia labor Code ~ 226 by failing to contain the proper vacation wages off'Plaintiff. 4 20. Plaintiff is informed and believes, and thereon alleges, that she and class members S are en~il;led to penalties for failure to maintain proper and correct itemized statements in violation 6~ of California Labor Code § 226, in an amount; according ~o proof at trial.
7 FOURTZ3 CAUSE OI' ACTION g Failure to Pay Disc~iarged Employee (Viot~tion of Cc~lifo~nia LaGo~ Coyle §§ 20~, 2U2, end 203) 9 2~ . Plaintiff re-alleges and incorporates by reference each and every allegation 10 contained in paragraphs 1 through 20, inclusive, as though fu~~y set forth herein, 11 22, At all times mentioned in this Complaint Califoy~nia Labor Code §§ 201, 202, and ~2 203 were in full force and effect and binding on Defendants. Said sections require an employer 13 to pay all unpaid and earned wages to aii employee immediately upon discharge. ~4 23. Plaintiff is informed and believes, and thereon alleges, that Defendant refused ~ 5 and/or willfully failed to pay all wages owed to Plaintiff and class members at the dine of ~~ 16 discharge. ~~ 24. As a result of Defendants' violation of Califo~•nia Lal~o~ Code §§ 201, 202 atld 1$ 243,Plaintiff and class members entailed to penalties udder California Labor Code § 203, which 19 provides that upon violation of Califol•nia LaboY Code § 201,"the wages of the employee shall 20 continue as a penalty from the due date thereof at the same rate until paid or until an action is 2~ commenced; but such wages shoal not continue for more fihan 30 days." 22 F~+'TH CAUSE OF ACTION 23 Claim for Recovery of Civil Penalty - - - . - -.- - -. - - -. . _ .. .- - - -(~'~lif~~~cc_L_rcb_o~ _C_o_rle_~..2~i29_et._s.e.q..). .. _ .- - - - - _ _ .. _ 24 2S. Becerra-South re-alleges and incorporates by reference each and every allegation ~5 confaine~ in parag~°apps ?Through 24, inclusive, as though set forth folly herein. 26 26, Becert~a-South was employed by Defendants as a payroll person. Becel~ra-South 27 is informed and believes, and thereon alleges, that Defendant has, and currently does employ, 28
-~- COMPLAINT FOR DAMAGES Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 14 of 27 Page ID #:14
i one or more hou~•ly paid worlce~s.
2 27. Plaintiff alleges, that California ~abo~ G'ode § 226 requires employers to issue 3 itemized statements containing; gross wages earned, total hours woxlc~cl by employee, all 4 deductions, net wages earned, dates for which the pet~iod was paid, employee's name and social S secuz~ity number, name and address of employer, and all applicable hourly rates. Plaintiff alleges,
6 that California Labor Code § 226.3 allows for civil penalties for violations of California Labor 7 Code § 226(~t},
8 2$. Plaintiff alleges, that Cali, fornia Labor Code §§ 203 and 204 i'~C~Llll~es that
9 employers refrain from wrongfillly and willfully witllholcting wages after termination of
10 employment. Plaintiff alleges, that California labor Cocle § 210 allows foz~ civil penalties for I1 violations of California Labo~~ Code § 204.
12 29. Plaintiff alleges, that Califot~nia Labo~~ Code § 1174 requires employers to keep 13 accurate pay~•o11 records or all holu•s worked and all proper wages earned by its employees.
14 Plainti~r alleges, that Ccclifo~nta Labor Code § 1174.5111ows For civil penalties ~'or violations of ~5 CalifoYnia Labor Code § 1174,
16 30. Plaintiff alleges that California Labor Code § 227.3 requires employers to 17 pay Plaintiff all vested vacation wages. Plaintiff alleges that Califoj~nia Labo~~ Cvde 18 2699 et seq. allows for a recovery of a civil penalty for violations of California LaboY 19 Code § 227 and 227.3.
20 31, At all times mentioned in this complaint California Labor Code §§ 226, 226.3,
21 204, 203, 210, 1174, 1 ~ 74.5, 227.3 and 227, a~ld 2699 et, seq. we~~e in fu11 force and effect and 22 binding on Defendants.
23 34, Notwithstanding the restrictions of California ~abo~ Code § 226, Defendants
24 provided false and improper paychecks as alleged above in violation of CalifoYnia Labor Code §
25 226, therefore entitiin~ Plaintiff and a~gr?P~,~d ~rrpl~yces to recover a civil penalty under 26 California Labor Code § 2699 et. seq, for violations of California Labo~~ Code §§ 226 and 226.3. 27 Notwithstanding the restrictions of California Labor Code § 1174, Defendants failed to properly 28 record Plaintiff and other employees' vacation hours worked in violation oi' Califot~nicr Labor y g_
COMPLAINT FOR DAMAGES Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 15 of 27 Page ID #:15
1 Code § 1174.5, therefore entitling Plaintiff end other aggrieved employees to recover a civil 2 penalty under California Labor Code § 2699 et, seq, for violations of California Labor Code §§ 3 1174 and 1174,5. Notwithstanding the restrictions of California Labor Code §§ 203, 204 and 4 210, Defendants refrained from wrongfully and willfully withholding wages af-~er teriniixation of 5 employment, more specifically, vacation wages and Plaintiff and other aggrieved employees are 6 therefore entitled to civzl penalties under California labor Code § 2699 et seq. for vioiatioi~s of
7 Ccrlifo~nia Lc~bor Code § 203, 204, and 210. Notwithstanding California Labor Code §§ 227.3 S and 227, Defendants failed to pay earned vacation wages to Plaintiff and other employees in
9 violation of Califot~nia Lccbor Code § 227.3 and 227, therefore entitling Plaintiff and aggrieved
10 employees to recovez• a civil penalty under California Labor Code § 2699 et, seq, for violations
11 o~ California Labor Code § 227.3 and 227. 12 35. Plaintiffs have exhausted administrative remedies under California Labor Cnde § 13 2499,3.
14 36. Therefore, PlaintifFbrings this claim on behalf of herself and all former hourly . IS workers for the recovery of civil penalties, as provided by California Labor Code § 2699, for 16 Defendant's violation, in an amount according to proof. 17 PRAYER FOR ItEI,~E~+' 18 WHEREFORE, Becerra-South, on her own behalf, end on behalf of other members of the 19 genera! public similarly situated, pray for judgment against Defendants as follows;
20~ ()1oI T]E~E 1FxRST CE9.US]E Off' AC7CI~Iv
2~ 1. Judgment against Defendants for all vested vacation wages according
22 to proof; 23 2, J'udgrnent against Defendant for all waiting time penalties under
24 Cc~lafornia La1~o1~ Code §§ 201, 202, and 203 owed to Plaintiff 25 according to proof; 26 3. For interest on all wages owed; 27 4. For all reasonable attorney's fees and costs recoverable by law; 28
-9- COMPLAINT FOR DAMACCS Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 16 of 27 Page ID #:16
1 ON T~~~ SECOND CAUSE OI+ ACTION
2 S, ror restitution of all ui~iawfiilly deducted wages for a peiiod
3 commencing four years prior to the filing o:f this action through final
4 judgment; 5 ON TAE THIRD CAUSE OF ACTION 6 6. ,Tudgment against Defel~dants rar damages pursuant to California Labo~~ Code § 7 226; 8 7. For attorney's fees and costs pursuant to California Labor Code 226; 9 ON THE FOURT~I CAUSE OF ACTION 10 $, Judgment againsi~ Defendants far ali waiting time penalties under Califo~nza I1 Labor Code §§ 201, 202 and 203 on all wages owed ~:o Plaintiffs; 12 ON TAE rIrTH CAUSE OF ACTIOl~I 13 9. ror all penalties as provided for under California Lc~bo~° Code § 2699; 14 10, Judgment against DeFendants for reasonable attorney's fees under California 15 Labor Code § 2699; 16 ALL CAUSES OF ACTION 17 11. Judgment against Defendants for reasonable attorney's fees according to proof; 18 12. Judgment against Defendants for prejudgment inteF~ests; 19 13. Judgment against Defendants for costs of sLtit incuired herein; and 20 14, Judgment against De~enda.nts for such further relief as the co~.u-t deems just and 2I proper. p 22 ',
23 Dated; May 8, 2018 ~~ M ~ e -Goul- - - — ..- - -~ ------24 Aaxin A. Zeif GOULD AND ASSOCIATES 25 A Professional Law Corporation Atto~~iey for Plaintiff ~prxl Becerra-South 26 individually and on behalf of other members of the general 27 public similarly sztuated 28
- 10- COMPLAINT FOR DAMAGES Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 17 of 27 Page ID #:17
C -010 A7 ORNEY OR RAF2 Y ITtiOUT ATTORNEY (Na s~Sfafe Bar umber, a d address)' fOR COURT USE ONLY ~ari►~ A. Ze~~ (S~BN 247088) and M'~ch~el ~, Gou~d (SBN 15 i851) Gould &Associates 17822 G, 17th St., Stiite 1Q6 Tustin, Ca 92780 C~1M!F~~i~=~~7~'~ ~C)F~V U 7ELEPNONENO.: 7~4-669-ZgSQ FAXNO,~ 71~-t-5~t~t-0g00 .'li(':lEi'~•-ti?. Fi4_~;;t? Superior Curt of C::3lifomia ATTORNEY FOR (Nsmea : Plaintiff Cni i~it~i r~F I ro /~ ~~i•r~nq SUPERIOf2 COURT OF CALIFORNIA, COUNTY OF Los Angeles ~ ADDRESS; 1~;~r ~+ 7 STREET Z 11 N. Hil( St, ~~i: ~ i ~ ~ C~,,~~ ~~ MAILING ADDRESS: CfTY ~1ND ZIP CODE: LOS AI1g0~eS~ Ca 90012 Sherri R. Carter, Execuciv~ Olf iEerlClerk of Court BRANCH NAPrfE: Cf'17t1'~l~ 8y: Briitny ,CASE NAME: Smiii~, Depute Becerra-South v. Howro d-V~ri ht ~m to tnent ~lgenc Inc. CASE NUMBER: CIVlL CASE COVER SH~ET~ Complex Case Designation 0 Unlimited ~ Limited ~~; ~~ "' ~" (Amount (Amount ~ counter ~ Joinder J demanded demanded is Filed with first appearance by defendant UDGE. exceeds $26,000) $25,000 or less) (Cal. Rules of Court, rule 3,402) DEPT: lie~T15 7—o OBIow ~Tlus! Ue Coin ~ecE~U Sc~t~ rr~s[ruuuw~5 err Naya ~1. 1, Checle one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex CIv1! Lltlgatton Auto (22) 0 Breach of contracUwarranty (06) (Cal, Rules of Court, rules 3.400-3.403) [] Uninsured motorist (48) 0 Rufe 3.740 collections (09) ~ Antltrust/Trade regulation (03) Other P1IPDIWD (Personal InJury/Property 0 Other collectlons X09) 0 Construcflon defect (10) Damago/Wrongful Depth) Tort ~ insurance coverage (18) D Mass tart (4Q} 0 Asbestos (04} 0 Other contract (37) 0 Securities Iltlgatlon (28) 0 Product I(abllity {24) Real Property [J Envlranmental/Toxic tnrt (30) [] Medical malpractice (45) ~ Eminent domainlfnverse 0 Insurance coverage claims aris(ng from the Other PI/PD/WD (23) condemnation (14~ above listed provisionally complex case types (41) Non-PIlPD1WD (Other) Tort Wron g ful eviction ~ 33} Business tort/unfalr business practico (07) ~ Other real property (26) Enforcement of Judgment Civil rights (08) Unlaarfu! Detainer ~ Enforcement of Judgment (20) [~I Defamation (13) ~ Commercial (31) Miscellaneous Clvll Compla(nt 0 Fraud (18) ~ Residential (32) 0 RICO (27) Intellectual property (19) 0 Drugs (38) 0 Other complaint {not specified above) (42) I—J Professional nogflgenca (25) Judicial Review Miscellaneous Civil Petition ~ Asset forfeiture (05) Other non-P(lPDNUD tort (35} [~ Partnership and corporate governance (21) Petliion award Employment ~ re: arbitration (11) a Other petition (not specified above) (43) 0 V~Jrongful termination (36) ~ Wrif ofmandate (02) 0 Other employment (15) ~ Other Judicial review (39) 2. This case U is L_✓_l is not complex under rule 3. 00 of the California Rules of Court, If the case is complex, mark the factors requiring exceptional judicial management: a.0 Large number of separately represented parties d.0 Large number of witnesses b. Q Extensive motion practice raising difficult or novel e. Q Coordination with related actions pending fn one or mare courts issues that wil{ be time-consuming to resolve in other counties, states, or countries, or in a federal court c, ~ Substantial amount of documentary evidence f. Q Substantial postjudgmenf judicial supervision Remedios 3. sought (check sJ/ fhat apply): a.[]✓ monetary b.[~ nonmonetary; declaratory or injunctive relief c,[] punitive 4, Number of causes of action (specify): 5 5. ThEs case ~✓ is [~ fs not a class action suit. — -- -G -If-there-are-any-known-related c~s~s;~flle ~d~~rv~ a~natic~af~~l~ted~s- :-(Y" u r~~ yuse foam CM=01' .- -- " ~ — —
Aarin A. Zeif ~ ~ f f1YPE ~,h PRi~~i ~vAMF+ - - - ~ `- ''~3 AAA G <~F ?ARTY 0 n~yruni.~ , ruM+-ni-.~Y, ~ ~~" NOTICE • Plaintiff must fife this cover sheet with the first paper f!(ed fn the action or proceeding (except small claims case cps f' ed under the Probate Code, Family Code, or Welfare and Institutions Cade). (Cal, Rules of Court, rule 3.220.) Fafl to f(I ay result (n sanctions. • Flle this cover sheet in addition to any cover sheet required by local court rule, ~ If this case is complex under rule 3,400 et seq. of the California Rules of Court, you must servo a copy of this cover sheet on ail other parties to the action or proceeding. • Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statlstica! purposes on~, ono ~ or 2 Farm Adopted for Mendelory Use Cal. Rules of Ccurt, Pules 2.a0, 3.220, 3.400-3,A03, 3.740; Judicial Coundl of Celifomle CIVIL CASE COVER SHEET ~ CaL Standards of Judicial Adminlatratlon, std. 3.10 CM•O10(Rev. July 1, 2007) www.courOnlo,ca.gov Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 18 of 27 Page ID #:18
cM-ova INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To PlaintEffs and Others Fll~ng First Papers. if you are filing a first paper (for example, a complaint) (n a civil case, you must complete and file, along with your first paper, the Civ!! Case Cover Sheet contained on page ~. This information will be used to campife statistics about the types and numbers of cases filed. You must complete Items 1 through 6 on the sheet. In item 1, you must check one box for the case type thaf best describes the case. If the case fits both a general and a more specific Type of case Nsted in item 1, check the more specific one. If the case f~as multiple causes of act(on, check the box that best Indicates the primary cause of action. To assist you in completing the sheet, examples of the casQs that belong under each case type in item 1 are provided below. A cover sheet must b~ filed only with your initial paper. Failure to file a cover sheet with the first paper fled in a civil case may subJect a party, its counsel, or both to sancflons under rules 2,30 and 3.220 of the California Rules of Court, To Parties in Rule 3,74Q Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: S~) tort damages, (2) punitive damages, (3) recovery of real proporty, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The Identification of a case as a rule 3,740 collections case on this form means that it will be exempt from the general time-for-serv(ce requirements and case management rules, unless a defendant fifes a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a Judgment in rule 3,70. To Parties in Complex Cases. In complex cases only, parties must also use the Civl1 Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be Indicated by completing the appropriate boxes In Items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on al! parties to the action. A defendant may file and serve no later than the time of its first appearance a Joinder in the plaintiffsdesignation, acounter-deslgnat(on that the case is nat complex, or, if the plaintiff has made no designation, a designation that the case is complex, CASE TYPES AND EXAMPLES Auto Tort Contract Peovlslonally Complex Clvll Litigation (Cal, Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.ao3) DamagelWrongiul Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (48)(if the Contract (not unlawful detaJner Construction Defect(10) case Involves an uninsured or wrongful evletlor~) Claims involving Mass Tort(46) motorist claim subject to Contract/Warranty Breach-Seller Securities Utlgation (28) arbltrat/on, check fhfs item Plalnilff(not fraud or negligence) Er~vlronmental/Tax(c Tort(30) instead of Auto) Negligent Breach of Contract! Insurance Coverage Claims Other PUPDIWD (Personal lnjuryf Warranty (arising from provJsionally complex Property DamagelWrongful Death) Other Breach of ContracWVarranty case Type listed above)(41) Tort Collections {e.g., money owed, open Enforcement of JudgmenE Asbestos(04) book accounts)(D9} ~ Enforcement of Judgment(20) Asbestos Property Damage Collection Case-Seller Plaintiff Abstract of Judgment (Out of ounty) Asbestos Personal Injury/ ether Promissory NotolCollectfons C Wrongful Death Case Confession of Judgment (non- Product Llabillfy (not asbestos or Insurance Coverage (nod provisionally domestic re/atlons) toxic%nvlronmenfal)(24) complex)(18) Sister Slate Judgment Medical Malpractice (a5) Auto Subrogation Adm(nlstrat(ve Agency Award Medica{ Malpractice- Other Coverage (not unpaid faxos) Physicians &Surgeons Other Contract (37) PetitlonlCertlfEcatlon of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Other Enforcement of Judgment Malpractice Other Contract Dispute Case Other PIlPD/WD (23) Real Property Premises Liability (e.g,, slip Eminent Domalnllnverse Mlscelfaneous Clvll Complaint and fall) Condemnation {14) R(CO (27) intentional Bodily Injury/PDMID Wrongful Ev(ctlon (33) Other Complaint (not specified above)(42) (e.g., assault, vandalEsm) Other Real Property (e.g., quiet title) (26) Intentional Infliction of Declaratory Rel(ef Oniy Writ of Possession of Real Property Injunctive Relief Onfy (non- Emat(onal Ristress Mortgage Foreclosure harassment) Negligent infliction of Qulat Tltfe Mechanics Lfen Emotional Distress eminent Other Reai Property {not Other Commerclaf Complaint Other PI/PD/WD (andlordRenant, or domain, Case (non-torf/non-complex) foreclosure) Non-PUPDIWD (Other) Tort Other Clvll Compla(nt Business Tort/Unfafr Business Unlawful Deta(ner (non-tort/non-complex) Commercial Practice (07) (39) Misceganeous CIvII Petition Civ11 Rights (e.g., discrimination, Residential (32) Partnership and Corporate false arrest) (notclvil Drugs (38)(lfthecaselnvolvesllfega! Governance (21) - — — _ J~at~ssrne~~t)-(9-8 ---._ _. _.. _ - -_ --. ._. -- - - . -.drugs,-speck this-Item,•-ofhenvlso~ ~ --- -. --- Ot~~r P~tltf"6rT(i1~ts`~c~fied . _ ~ ~------Defamatlon (e.g„ slander, 11be1) report as Commercial orResldential) above)(43) (13) Judicial Rev(ew CIvEf Harassment Fraud (16) Asset Forfaliure (05) Workplace Violence lr~tellectual ProperEy (i9) _ P~tltlon RA: Arbltratfan AWa~d l~ 1 f ~ `±-+~r~r?~~~„~ent R~;al! ~',~~assPon.~! NegllgenrQ ~25y WrEt of Mandate ~J2j Abuse Legal MaEpracfice Wrlt-Administrative Mandamus Election Contest Other Professional Mafpractice Wrlt-Mandamus on Llmlted Court pefit(on for Name Change (not medical or legal) Case Metter Petition for Relloi From Late Other Non-P1IPDIWD Tort(35} Writ--Other Llmlted Court Case Claim Employment Rev(ew Other C1vll Petition Wrongful Termination (36) Other Judicial Revlsw {38) Other Employment (15) Review of Health Officer Order Notice of Appeal--Labor Commissioner Appeals CM•010 (Rev. July t, zoa7~ Aago 2 of 2 CIVIL CASE COVER SHEET Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 19 of 27 Page ID #:19
CASE NUMBER ~~v ~~ ~ ~ y~, `~ sHORTr~r~eg~cerra-South v. Howroyd-Wright Employment Agency, Inc.
CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE 4F GROUiVDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)
• This form Is required pursuan#to Loca! Rule 2.3 in a(! new civil case flings In the l.os Angeles Superior Court.
Step 1: After completing the CiviE Case Cover Sheet ~Judiciaf Council form CM-010}, find the exact case type in Column A that corresponds to the case type indicated in the Civii Case Cover Sheet.
Step 2: In Column 6, check the box for the type of action that best describes the nature of the case.
Step 3: !n Column C, circle the number which explains the reason for the court filing location you have chosen, Applicable Reasons for Choosing Court Filing Location (Column C)
1, Ciass actions must be flied fn the Stanley Mosk Courthouse, Central District, 7. Location where petitioner resides, 2. Permissive filing In central district. 8. location wherein defendantlrespondentfunctfons wholly. 3. location where cause of action arose. 9. Locat(on where ona or more of the parties reside. 4. Mandatory personal inJury filing fn {North Dls#rict. 10. Lacatfon of Labor Comm(ssfoner Office. 11, Mandatory filing location (Hub Cases -unlawful deta(ner, limited 5, Location where pertormance required or defendant resides. non-collection, limited collection, or personal InJury). 6. Location of property or permanently garaged vehicle,
A B C Clvtl Case Cover Sheet Type of Actlan Applicable Reasons Category No. (Check only one) See Step 3 Above
Auto (22) ❑ A7100 Motor Vehicle - Personal InjurylProperty Damage/Wrongfui-Death 1, 4, 11 0 4 ~ Uninsured Motorist(46} ❑ A711 d Personal InjurylProperty Damage/Wrongful Death - Uninsured Motorist 1, 4,11
❑ A6070 Asbestos Property Damage 1, 11 Asbestos (04) O A7221 Asbestos -Persona( InJurylWcongfu! Death , 1, 11
c. h~- o r~ Product Lfabilf#y (24) D A7260 Product Liability (not asbestos or toxic/environmental) 1, 4, 11 a ~a Z~ D A7210 Medical Malpractice - PhyslcEans &Surgeons 1, 4, 11 c '~ Medical Malpractice(45} ❑ A724Q Other Professional Health Care Malpraciica ~ ~ ~~ 1 ~ - -~c --~~-- o ~ ❑ A7250 Premises Liability (e.g., slip and fall) ~ ~ 1, 4, 11 a Other Personal p A7230 Intentional Bodll In u /Pro art Dama eJUVron ful Death e. InJu,^,~ Pronert~~ Y 1 ry p Y 8 9 l 9•. ~, a, ":1 :a ~ ~ vamµae E"lrongfu~ sss~ui►., ~~anda.~ism, e;~.} O ~ Oeaih (23) p A7270 Intentional Inilictlon of Emotional Distress 1, 4, 11 4, i1 O A7220 Other Persona! Injury/Property DamagelWrongfuf Death ~,
LACIV 108 (Rev 2/16) C1V{L CASE C{~VER SHEET ADDENDUM ~oca1 Rine 2.3 ~Asc Appro~ea oa-oa AND STATE111~ENT 4~ LOCATION Page ~ of a Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 20 of 27 Page ID #:20
SHORT TITLE: CASE NUMBER Becerra-South v. Howroyd-Wright Employmen#Agency, Inc.
A B C Applicable Clvll Case Cover Sleet Type of Action Reasons -See Stop 3 Category No. (Check only one} Above
Business Tort (07} ❑ A6029 Other Commercial/Business Tort (not fraud/breach of contract) 1, 2, 3 , ~'as ~.. ~0 Cfvt! Rights X08) ❑ A6005 Cavil Rights/Discrlmination 1, 2, 3 a. a e~.. ~, Defamation (13) ❑ A6010 Defamation (slander/libel) 1, 2, 3 ~~ ~ ~ 'c a~ Fraud (16) D A6013 Fraud (no contract) 1, 2, 3 ~c o o ~ ~ ~ D A6017 Legal Malpractice 1, 2, 3 Professional Negligence (25) n~ ~ ❑ A6050 Other Professional Malpractice (not medical or legal) 1, 2, 3 c E a ~a a v Other (35) O A8025 Other Non-Parsonaf InJurylProperty Damaga tort 9, 2, 3
c Wrong#ui Termination (3G) ❑ A6037 Wrongful Termination 1, 2, 3 w
b G~ A6024 O#her Employment Compla}nf Case 1, 2, 3 c. Other Employment(15) D A6109 Labor Coinm(sslonerAppeals 10 w
D A6004 Breach of Rental/Lease Contract(not unlawful detainer or wrongful Z ~ eviction) Breach of ContracU Warranty 2, 5 (48) ❑ A6008 ContractlWar~aniy Breach -Seller Plaintiff (no fraud/negligence) {not insurance) D A6019 Negligent Breach of ContracWVarranty(no fraud) ~' 2'5 1, 2, 5 O A8026 Other Breach of ContracWVarranfy(not fraud or negligence)
C] AG002 Co(lect(ons Case-Seller P!alntiff ~, 6,11 Collections {09) c ❑ 0 A6012 Other ProrttissoryNote/Collecffons Case 5, 71 V Q A6034 Collections Case-Purchased Debt (Charged Off Consumer Qebt 6, 6, 11 Purchased on ar after Janua 1, 2014 Insurance Coverage (18) ❑ A6015 Insurance Coverage (not complex) 1, 2, 5, 8
❑ A6009 Contractual Fraud 1, 2, 3, 5 Other Contract (37) ❑ A6031 Tortious Interference 7, 2, 3, 5 ❑ A6027 Other Contract Disputa(not breachlirtsurance(fraud/negligence) 1, 2, 3, 8, 9
Eminent Domain/Inverse p A7300 Em(nent Domain/Condemnation Number of parcels 2, 6 Condemnation (14) F~ m ❑ Q. Wrongful Eviction (33) AG023 Wrongful Eviction Case 2, 6 a ~v ❑ A6018 Mortgage Foreclosure 2, 6 a~ Other Real Property X28) ❑ A6032 Quiet Title 2, 6 Q A6060~Other Rea! Property (not eminent domain, landlord/tenant, iorec{osure) 2, 6 T
Unlawful Detainer-Commercial ~ ~. ! ~~"3 gg021 Unlawful Defamer-Commercial(not drugs or wrongful eviction) 6, 11 U -Residential nlawful Detainer ~ A6020 Unlawful Detainer-Residential(not drugs or wrongful eviction) 6, 11 0as 32 Unlawful Detainer- ❑ Afi020FUnlavrful Detainer-Post-Foreclosure 2, 6, 11 Post-Foreclosure 34 G Unlawful Detainer-Drugs (38) ❑ A6022 Unlawful Detainer-Drugs 2, 8, 11
LACIV 109 {Rev 2116} CIVIL CASE COVER SHECT ADQENDUNi ~.oca~ Rine 2.s LASC Approved 03-44 AND STATEMENT OF LOCATION Page 2 of 4 Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 21 of 27 Page ID #:21
SHORT?~TLE: CASE NUMBER Becerra-South v. Howroyd-Wright Employment Agency, Inc,
A B C Applicable Civll Case Cover Shaet Type of Actlon Reasons -See Step 3 Category No. (Check only one) Above
Asset Forfeiture (05) Q A6108 Asset Forfeiture Case 2, 3, 6
Petlffon re ArbiEratlon (11) D A617 5 Petition to Compel/ConflrmlVacate Arbitration 2, 5 .~a~ .~ ❑ A6159 Writ - Administrat4ve Mandamus 2, 8 .~ v Writ of Mandate (02) Q A6152 Writ -Mandamus on~ Limited Court Case Matter 2 '~ ❑ 2 -~ A6153 Writ -Other Limited Court Case Review
Other Judicial Review (39) ❑ A6150 Ofher Writ /Judicial Review 2, 8
Antltrust/Trade Regulatfion {03} ❑ A6003 AntitrusUfrads Regulat(on 1, 2,8 c 0 c~ a~ Construction Defect (107 D A6007 Construction Defect 1, 2, 3
Clams Involving Mass Tort d ~ gg006 Claims involving Mass Tort 1, 2,8 a (40) E 0 v Securities Litigation (28) ❑ A8035 Secur[tles Llilgatlon Case 1, 2, 8
oxic Tort c T p Toxic 1, 2, 3, 8 0 Environmental(30) A6036 Tort/Environmentaf 'S I Coverage nsurance Claims p A6014 Insurance CoveragelSubrogatlon(complexcase only) 1, 2, 5, 8 a from Complex Case (41)
D A6141 Sister State Judgment 2, 5,11 ❑ A6160 Abstract of Judgment 2,6 c c a~ m E ~ A6107 Confession of Judgment(non-domesilc relations) 2, 8 d ~ nforcement ~ ~ of Judgment(20) ❑ A6140 Administrative Agency Award (not unpaid taxes) 2, 8 .~ -~ e~ o O A6114 PetitlonlCertiflcate for Entry of Judgment on Unpaid Tax 2, 8 ❑ A8112 Other Enforcement of Judgment Case 2, 8, 9
RICO (27) D A6433 Racketearing (RICO} Case 1, 2, 8
D A8030 Qeclaratory Relief Only 1, 2, 8 ~ `~c:. ~ E Other Complaints ~ A8040 InJunctive Relief On{y (not domesticlharassment) 2, 8 °~ U (Not Specified Above)(42) D A6011 ether Commerclaf Complaint Case (non-tort/non-complex) 1, 2, S v O A6000 ~lher Clvll CompEatnt (non-tortlnon-complex) 1, 2, 8
Partnership Corporation p A6113 Partnership and Corporate Governance Case 2, B Governance(29)
❑ A8121 Civil Harassment 2, 3, 9 ❑ A8123 Workplace Harassment 2, 3, 9 ~ o A612~ Elder/Dependent Adult Abuse Case 2, 3, 9 Ocher Petitions (Not ~ ~, n' ❑ L ~~ ~ ~pecfffed Abov~j(43) A8~9fJ ~lectlo~ ~~^f~~± ~ i ~ .L+ v . D A6110 Petition for Change of Name/Change of Gender 2 ~ ❑ A6170 Petition for Reilsf from Late Claim Law 2~ 3~ g O A6100 Other Civl{ Petiflon 2~ g
LAClV109(Rev2/16j CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 3 of 4 Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 22 of 27 Page ID #:22
SHORT TITLE: CAGE NUMBER Becerra-South v. Howroyd-Wrlght Emp{oyment Agency, Inc.
Sfep 4: Statement of Reason and Address: Check the appropriate boxes for the numbers shown under Column C far the type of action that you have selected, Enter the address which is the basis for the filing location, including zip code. (No address required for class action cases).
ADDRESS; REASON: 327 W. Broadway ~ 1,~2.03.❑4.05.❑6.D7. ❑8.❑ 9.010,0 1.
CITY: STATE: 21P CODE; Glendale Ca 91204
Step 5: Certlficatlon of Assignment: i certify that this case is properly filed in the ~~~~~ District of the Superior Court of California, County of Los Angeles [Code Civ. Proc,, §392 et seq., and Local Rule 2.3(a)(1)(E)].
Dated:.~ay 8, 2018
PLEASE HAVE THE FOLLOIN{NG ITEMS COMPLETED AND READY TO BE AILED iN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE; 1, Or(ginal Complaint or Pe#ition. 2. If filing a Complaint, a completed Summonsform for issuance by the Clerk, 3. Civil Case Cover Sheet, Judicial Council form CM-010. 4~ Civil Case Cover Sheet Addendum and Statement of Location farm, LACIV 109, LASC Approved d3-04 (Rev, 02116). 5. Payment in full of the fil}ng fee, unless there Is court order for waiver, partial or scheduled payments. 6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010,(f the plaintiff or petitioner is a minor under 18 years of age will be required by Courtin order fa issue a summons, 7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum must be served along with the summons and complaint, or other in(tlating pleading in the case,
LACtV 109(Rev 2116) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3 LASC Approved 03-04 AND STATEMENT OF LOCATION rage 4 of 4 Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 23 of 27 Page ID #:23
S U!V I IYI V N~ fOR COURT tJS~ ONLY fSOLO C/TA CION JUDICIAL ~ PARR USQ D~ lA CORTEJ NOTICE TO DE~ENDAf~tT: 4~~t~c:,~~~3:~,?.. ~~~iC.F~;:~ S~~f)erlor Couri of Cac~toml~ (AVISO AL DEIYlAIUDADO): Cn~lftft/ hf ~ !l~ c~~~in~.~s~ -i0~'~jROYD-~+f1ZIGI-~T I~ 4i Pi~C?~'11~1~NT AGENCY,I NC./t~PPLE ONLY ~~'~ ~~s ~ ~ ~ ~~ SER't~ICI S, LTD., end I}OES l through 25, '~' YOU ARE BEING SUED BY PLAtNTI~F; Si~E~ri R. Carter, Executi~re Uffi~;;r1U(erlc of Court (LO ESTA D,EMANDANDO EL QEMANL7AI~ITE): fay: E3rittny Smiih, CIG;)Ufy !APRIL BECFRRA-SOUT~-I, ic~div~dtially, anti on Ueh~lf of other inernbers of the general public similarly situated,
NOTICE! You havo boen sued. The court may ctecEde apalnst you without your bt~lnfl hoard unloss you raspnnd v~ith(n 30 days, Read the fnformaUac~ below, You have 30 CALENDA{~ GAYS a(tor this summons and legal papers a~Q servod on you to fIe a ~vrfiten response at this court and havo a copy served on the plaintiff. A tetfer or pflone call tivill nat protect you, Your written response must ho in proper legal ~Orm !f you ~vartt the cot~ri to boar yo~~r case, There ma~~ be a court form Ilt~t you can use for your res posse. Yau can flied these court forms and more fnfarmatfan at tho CalfFamia ~ottris Online Self-Help Center (~wrw.courftnfo.ca.~ov/selfhelp), your county law Ilbrary~ ar the caurihouse nearest yau. If you canawl pay the filinfl foe, ask he t cvd rt deck for a fee waiver form. If you do not file your response on lime, you may lase the case by default, and your wag os, money, and property may be taken without lurlhtir vrernlnq irorn the court. There are other legal roqulroments. You may want !o call an attorney right away, If you do not know an atfomey, you may w ant to ca[I an aftomey ~eferra(seNice. li you cannot afford an a#torney, you may be ei lgible for free legal services from a nonprofit legal servi~os program. Yau can locate these nvnproflt groups ai tho Cafkfomla Legal Services l~;eb site (~~,~wufaavhslpcaliforr~la.org), the Calffosnie Courts Onllno SQ1f-h3elp Censer (~v~r~vti:courtittfo.ca.goU/solmalp), or by contacting your loot court or county bar assaclatlon, NbTE. T1io court has a statutory lien far wafve~l fees end costs an any soitlemont or arbitr~t(on award of ~10,Q00 or more !n a civil case. The court's lien must be pa(d before Oro court ti~rflt dismiss the case. l AVlSO!Lo hen demandado. Sf rro iespando dantro do 30 dl~~s, la carte puode dpcidlr en su contra s(n esc~char su verslbn. Lei !a rnformacidr~ a conflnuacfbrr. Ilene 30 DIAS DC CAL~'ND~RIQ despu~s de ryue to enfrequen esta citacfan y papeJas le~ales pnra presenter uns r~spuesta por escr~to on osta c~orfr~ y hater que se ertfnegue use c~pia al demandArtre, Una carte o una !tornado telefbn/ca na to prnfegan. Su raspues~a por escri(o tfene que ester en formato faga!cor'reeto si desea q~~o pr~oc~sen su case en la torte, E's posibta qua hays un formufar~o que usted pueda user pare su raspt~osta, Pusde encbntrar estos lormulartos de lA corfQ y rn~s in/ormacl6n en el Csntro de AycrdR de !as Cprtes da Caftfomra (~~Nrw.sucorte.ca.gov), on la blblrofaca d~ Keyes de su c+~ndedo o en ra corfQ qua to quado mks cei~ca. Si no puede ~ac~ar la cuoFa de preserttacldn, plda al sec ratarfo do 1a corto qve !d dc~ un farmular~o de exencl6n de pogo da cuotas. Si no presenfa su respussta e tiempo, puede perder e!caso por Incumptimlanto y !a cote !e podr~ gciltarsu sueJdo, dlnero y bfenes stn mks ed~ertoncla, Hay otros mqutsltos legates. Es recomondabre qua !lame a un ebog~do inmsdlatamento, Si na conoce a u~~ ~bogado, puede 1lamar ~ un senrlclo de rernlsl8r~ a abagados. 5i no puedo pager a un abogado, os pnslbla qua cumpfA coy 1os requlsifos pare abtonor servicios feg~les grafuitas cto un prognma de servrcios legates sfn Vines do lucro. Puedo ortconfr~r astos ~rupos sin Hnas da ludo on vl srtlo wets de Colifo~'n~a Leya! SQrvlces, (tiv~~vay.lawhelpcalifart~f~.org), en al Cerrfro cue Ayuda do l~,s Coates de Catifomia, (~v►~~w,sucorfe,ca,gov) o poni~ndase en contacto con !a torte o of coleglo de ~bogados locales. f1V~S0; Parley, la torte t18no ddrocho a reclom~rlos cuotas y los costos exontas por lmponer un gravamen sobre euulqulorrecuparacidn de $10,000 d mks de valarreclbida modlar~fa un fleuordo o una coneeslbn pie arblfrajo sn urr ca~o de clerecho civic. 7iene qua pager e! gr~vAman c!e !a torte antes da qua 1a torte pueda dcsQchflr of caso. The name And address of the court is: casE auraa~R: {E! norrrt~re y direcclbn de !a cotfa es~: Los t~geles Superior Col~rt c+~~RtBro dBr caso~:~ ~ •~ ~ r~~ ~~~ ~~~ .~ 11 t N, Hill Sti. Los Angeles, Ca 90012 7h~ name, oddness, and telephone number of plaintiffs attorney, or p{ain#iff witt~►out an attorney, is: (El sombre, !a dlrocof6n y al ncirnoro da tsl~fono de! abogado del demandanfe, o del demandanta qus r~o clone abogado, as}: could &Associates, 17822 E. 17th St., Suite 1'06, Tustin, Ca 92780; 714-669-2850; ? 1~4-~~~-08a~ oA~~: ~~Ol~ c~~,~, by ~J ]~ Deputy tFecha~ SAY ~ 6 ~~~~aRi ~, c~~-~~r~~ (Socro tario) ~'~'f t 1'~ ~► ~f~— ~~ (Ac~fun foJ (Forproof ofservice of this summons, use Proof of Sen~ice of Summons (form P05-010),) (Para prueb~ de er~fnaga de esfa clf~tldn trso e! Formerlarro Proof of Service of S~Emmons, (POS-070)}, __ _—_ — _ _ __. .._NOTtCE_TOTHE ~s~~ -PERSON-SERVED: Yau.are-seeved-- — •-. -.- ~i . ~ as an individual defendant. 2. (~ as the pe~san suod under tho fictitious name "of {specif,~}:
3. C~1 on behalf of (spec!/y): Ha~nrroyd-Wright Employment Agency, Inc under: ~ CCP 416.10 (corporation) 0 CCP 416.60 (minor Q CCP 416.20 (defunct corporation) ~ CC(~ 415.70 {conservatee) CCP 416.40 (association or partnership) [~ CAP 416.50 (a~thorizad p~~son) Q other (spacl(y}; 4. [~by p ersonaf deliver y on rdate~ : ~ `~~~ 1~ ~a~o, o„ Form Ac~ptod for PArndxtor~ Use Cado Judfdal Cauncll of Callfocnla S UM(VIONS of Ctvil Ptaceduta §§ 412.20, acs SUL"r10D [ROY. JU1y 1,2009) WiYN.00UIN1110.C13.QDV
E~:HIBIT ,~- Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 24 of 27 Page ID #:24
null I ALL Transmittal Number: 18637929 Notice of Service of Process Date Processed: 08/30/2018
Primary Contact: Kenneth P. Roberts K. P. Roberts & Associates, A Professional Law Corporation 6355 Topanga Boulevard Ste 403 Woodland Hills, CA 91367
Electronic copy provided to: Elizabeth Duong Cindy Hoffman
Entity: Howroyd-Wright Employment Agency, Inc. Entity ID Number 2207281 Entity Served: Howroyd-Wright Employment Agency, Inc Title of Action: Becerra-South vs. Howroyd-Wright Employment Agency Inc. Documents) Type: Summons/Complaint Nature of Action: Labor /Employment CourtlAgency: Los Angeles County Superior Court, California Case/Reference No: BC705971 Jurisdiction Served: California Date Served on CSC: 08/28/2018 Answer or Appearance Due: 30 Days Originally Served On: CSC How Served: Personal Service Sender Information: Aarin A. Zeif 714-669-2850
I nformation contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). It does not constitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action.
To avoid potential delay, please do not send your response to CSC 251 Little Falls Drive, Wilmington, Delaware 19808-1674 (888) 690-2882 ~ [email protected] Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 25 of 27 Page ID #:25
SU.~r~OR CO~C~71~T OT ~ALII'OZtNYA, COUI~ITY ~~`I~OS ~,NGELE~ 1~I4TYC~ OF ~AS~ ASSYG1i1MENT - UNLIMLYTr~ CYVIL — Ci,ASS ACT~QIoI 31.2 N. SPRI~tG STREET COU~t'T~IOUSIC
Case IVuntbe~•~~~ ~ Q~ ~
THIS FORM IS TO B~ SERVED WITI~ TY~~ SUMMQIYS AND COMPLAINT
Your cs~se •is assigned foa• ali pw•poses to t[~c judicial afkicei• iiidic~ted below.
ASSIGNED JUDGE DEPT ROAM ;:w; tLSSIGN~D JUDGE DEPT RO~IYI Hon. Elihu M. ~3erie 6 21 I .,. :,,;r~::,:: Ho». William P. Higliberger 10 lU `"'"~%s~..:.. . :.Y,t "~t ~~;. Tlou. John S~eparil Wiley, Jr. 9 9 t,:::-''~" .,,•..~,;. :tsc Hon. Kennetty Freeman Y 4 14 =~°
~~~~:I I-Ior~. Ann Jones ~ 11 1 Y ~~~'uw;~:~ :k;:.:,: Hon.:M~ren E. Nelson 17 17 ;~Y~"~~~:~ 77.'1 ~:'~: I-Iui~. Carolyn B. I~uhl 12 12 `<< .~:,~~,`~.:::. ',~'.+~:::,,: 'dr»!~ :~r»N,N ~r:i., :ow .:N '!:v:: i:d.:' }i,.~~✓
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~tn a:1.n. . _ . -- — - - . ._ - Currey- -- .- -- ~4::° Hon. ~3ri~n S. 1 S -15 ,,..,.~;: '~~~t..:~; "`Provisional complex (non-class Superv3sIng ..______. " ~:,~ ~t3tl^~ij rase asss~rimN~Zt pe~x~li:~~ ~~~'.. ~ul~l~. ~`_>;;~ ~ complex cleterminatioiz 12 'C'.
Given to the Plaintiff/Cross-Complainant/Attorney oPRecord on ~,~1~ ~ ~ '~~~~, ~'~'Tr r ~Uate}
S~-~rRRI R. CARTER, Executive Officer/Clerk of Court
By ,Deputy Clerk ,r,, '~' iACIV X90 (Rew°~~i~~~ ~~, fVIOTIGE OF CASE ASSIGNMENT -- I~NLlilt'IITED CIVIL ~A~~ LASC Approved 05/0& E~:HII~IT Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 26 of 27 Page ID #:26
INSTRUCTYONS FOR HANDLING UNLIIVCXT~D CIVIL CASES
The followl~i~ ci•.itical provisions of the Califa~~nia Rules ofCourt ; ~'itle 3, Aivision 7, as applicable in tlia Superior Caurt, are summarized for' your• assistAnce. , APPLICATIOI~I Tha Di.visioii ~ Ru1es were effective Janti~.y 1, 2007, They apply to all general civil cases.
PRIORITY OVC12 QrTH~R RYJLES The Division 7 Rubs shall have Priority over X11 atlzer Local Rules to tlia extent the atlaers are inconsistent.
~I~iAI,L~NG~ TO AS5IG~Y~D ,~~C.TDG~ A challenge under Code of Civil Procedure Section 170,6 must be made within 15 days after notice of assigrimei~t far ttII purposes ko a judge, or if a~party Iias not yet appeared, within 1 S days of the first ~ppe~u~ance.
TI11~ STANDARDS Cases assigned to the Independent ~alendaring Courts will bs subject to processing under the following time standards; COIYYPLATNTS All complaints shall be served within 60 days of filing and pt~oaf of service shall be filed within 90 days.
CR,~SS-COMPLAINT5 Withput leave ofcourt fret being obtained, no cross-complaint inay be ~Ied by atyy party after• their answer is ~ilod. Cross-complaints shall be served ~vithin 34 days ofthe filing date and a proof of service filed within 60 days of the filing date,
STATUS CONFER~t~ICE A status conference will be scheduled by the assigned Independent Calendar Judge no later ti~an 270 days after the filing of t ie complaint. Counsel must be fully prepared to discuss the following issues: alternative dispute resolution, bifurcation; settlement, trial date, and expert witnesses,
T~.I~tAL STATUS CONFEI2.ENC~ The Cvt7rt will require the parties to attend a fri sl status conference not ino.re thin 10 days before -the scheduled trial date. All parties shall have rnotioi~s in l~mine, UifUrcation nlations, statements of major evidentiiary issues, dispasltive motions, requested form jury instructions, specialjury instructions, andspecial jury verdicts timely filed and served prior to the conference. These m~t~e~•s nay be heard and xesolveci at this conference. At least five days be#'ore this conference, counsel most also 1~1vc axchang~d lists of exhibits and witnesses, and Dave submitted to the court a brief statenienti ofthe case to b~ read to the 3ury pt~n~l as renuirEd by Chapter Tluee of the T.os Angeles Superior Catu-t Rules.
SANCTIQNS The court will impose appropriate sanctions for the far hire ar refusal to comply with Chapter Tlu ee Rules, orders made by t~~e Court, and~time standards or deadlines established by tl~e Count ar by the Chapter Three Rules, Sucli sanctions may be on a party, or If appropriate, on counsel ~az~ a party.
This js nit a con~ple~a deline~tiois of the Uivfsion 7 or Chapter Tree Rules, and adherence only to tli8 above ~rovisiuns is ttterefare not A gt~ara~itea against the impositYon of sanctions under Trial Court D~is~.y Reduction. Curefitl reading anc~ compliance with the Actua[ C1~aptcr Rriles rs imperative. Class AcEions Pursuant to Local Rule 2.3, ail class actions shall be filed at tli~ Stanley Mask Courthouse and are randomly assigned to a complex judge at tt~e designated complex courtlioase, Tf the case is fou~id not to be a class actia~~ it.will be returned to an Independent Calendar Cotir~roo.m far ali_purl~ases_._ _ _ -~~ ~ -
*:Prav#sionnlly Complex Cases Cases filed as provisionally coYnplex are initially assfgned to the Supervising Judge o~coinplex litigation for determination ofcompiex °~i~t'.IS• ;2' tM~ ~~~fl '!~ ~een~ed to ?~~ com;~!ex ~.~v thir; ~Il~ 1110aT1II1~, dx C~11I!~'_'t'. a RY?i3c ai vQ :]"!' ~.40U et s~ .t., 111 Wl~~ ~~ i'~ndon~:~ assi~;neu to a complex,judge at the designated complex courthouse. If~i~e case is found not to be complex, it will be returned to ~n Independent CalBndar Courtroom for ali. purposes.
lACIV.190 (Rev X 2/17) NC7T1C~ OF ~A~E ASSI~NNiEi~T - UiVLIMITED CIVtL CASE IASC Approved 05/06 Case 2:18-cv-08348-CJC-FFM Document 1 Filed 09/27/18 Page 27 of 27 Page ID #:27
PROOF OF SERVICE
2 STATE OF CALIFORNIA 3 ] ss. COUNTY OF LOS ANGELES ] 4 5 I am employed in the county of Los Angeles, State of California. I am over the agE a party to the within entitled action; my business address is 6355 Topanga 6 of 18 and not Canyon Boulevard, Suite 403, Woodland Hills, CA 91367-2102. 7 On September 27, 2018, I served the foregoin document described as 8 DEFENDANT HOWROYD-WRIGHT EMPLO ENT AGENCY INC.'S NOTICE OF REMOVAL OF CIVIL ACTION FROM STATE CO~JRT BASED 9 UPON FEDERAL-QUESTION JURISDICTION [28 U.S.C. §§ 1331 & 1441(b)] on the interested parties in this action: 10
m c/~ z v H ow o 1 1 Michael A. Gould W a~~ K N Q~ aim Aarin A. Zeif p ~ m ~~ IYi 3U zm Qu Gould &Associates ~x'Q~=g ~ J 13 17822 E. 17th Street, Suite 106 ~W oQZc~ z wag0 14 Tustin. CA 92780 d 3 x ~a ^o 0 15 'by placing a true copy thereof enclosed in a sealed envelope, with postage prepaid, 16 addressed as per the attached service list, for collection and mailings at Woodland Hills, business practices. I am readily familiar with the firm's 17 California following ordinary practice for collection and processing of the document for mailing. Under that practice, 18 the document is deposited with the United States Postal Service on the same day in the 19 ordinary course of business. I am aware that upon motion of any party served, service is presumed valid if the postal cancellation date or postage meter date on the envelope is 20 more than one day after date of deposit for mailing contained in this affidavit. 21 I declare under penalty of perjury under the laws of the United States that I am 22 employed in the office of a member of the bar of this court at whose direction the service 23 is made. 24 Executed on September 27, 2018, at Woodland Hills, California. 25 26 ,_ /J' CINDY L. HOFFMAN 27 Type or Print Name Signa~u e 28
- 6- DEF HOWROYD-WRIGHT EMPLOYMENT AGENCY, INC.'S NOTICE OF REMOVAL OF CIVIL ACTION FROM STATE COURT BASED UPON FEDERAL-QUESTION JURISDICTION Case 2:18-cv-08348-CJC-FFMUNITED STATES DISTRICT Document COURT, 1-1CENTRAL Filed DISTRICT 09/27/18 OF ~4LIFORNIA Page 1 of 4 Page ID #:28 CIVIL COVER SHEET
I.(a) PLAINTIFFS (Check box if you are representing yourself ~ ) DEFENDANTS (Check box if you are representing yourself ~ )
April Becerra-South Howroyd-Wright Employment Agency, Inc./Apple One Services, Ltd.
(b) County of Residence of First Listed Plaintiff Los Angeles County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINT/FF CASES ONLY) (c) Attorneys (Firm Name, Address and Telephone Number) If you are Attorneys (Firm Name,Address and Telephone Number) If you are representing yourself, provide the same information. representing yourself, provide the same information. Gould &Associates K.P. Roberts & Associates, APLC 17822 E. 17th Street, Suite 106 6355 Topanga Canyon Boulevard, Suite 403 Tustin, California 92780 Woodland Hills, California 91367 714-669-2850 818-888-3553 II. BASIS OF JURISDICTION (Place an X in one box only.) II. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant) PTF DEF PTF DEF 1. U.S. Government ~ 3. Federal Question (U.S. Incorporated or Principal Place :itizen of This State ❑ ~ ~ ~ ❑ 4 ~ 4 Plaintiff Government Not a Party) of Business in this State :itizen of Another State ~ 2 ~ 2 Incorporated and Principal Place ❑ 5 ~ 5 of Business in Another State 2. U.S. Government ~4. Diversity (Indicate Citizenship :itizen or Subject of a ❑ 3 ~ 3 Foreign Nation ~ 6 ~ 6 Defendant of Parties in Item III) ~oreign Country
IV. ORIGIN (Place an X in one box only.) 6. Multidistrict 8. Multidistrict 1.Original 2. Removed from 3. Remanded from 4. Reinstated or 5. Transferred from Another Litigation - ~ Litigation - Proceeding State Court Appellate Court Reopened District (Specify) Transfer Direct File
V.REQUESTED IN COMPLAINT: JURY DEMAND: ~ Yes ~X No (Check "Yes" only if demanded in complaint.) CLASS ACTION under F.R.Cv.P. 23: ~X Yes ~ No ~ MONEY DEMANDED IN COMPLAINT: $ VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not citejurisdictionalstatutes unless diversity.) 29 U.S.C. Sections 1001, et seq.(FRIBA); 28 U.S.C. Sections 1331 and 1441(b)
VII. NATURE OF SUIT (Place an X in one box only). OTHER STATUTES ' ' CONTRACT REAL PROPERTY CONT. IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTS 375 False Claims Act ❑ 110 Insurance ~ 240 Torts to Land ~ 462 Naturalization Habeas Corpus: ~ 820 Copyrights Application 245 Tort Product 376 Qui Tam ❑ 120 Marine ❑ ~ 463 Alien Detainee ~ g30 Patent Liability 465 Other 510 Motions to Vacate (31 USC 3729(a)) ~ 130 Miller Act ~ 290 All Other Real ~ Immigration Actions ~ Sentence ~ 835 Patent -Abbreviated Property New Drug Application 400 State 140 Negotiable TORTS ❑ 530 General Reapportionment ❑ Instrument TORTS PERSONAL PROPERTY ❑ 535 Death Penalty ~ 840 Trademark PERSONAL INJURY ❑ 410 Antitrust 150 Recover y of ~ 370 Other Fraud Other: SOCIAL SECURITY 430 Banks and Banking ~ Overpayment & ~ 310 Airplane ~ 861 HIA (1395ffl Enforcement of ❑ 371 Truth in Lending ❑ 540 Mandamus/Other 450 Commerce/ICC ~ 315 Airplane Judgment ❑ 550 Civil Rights ~ 862 Black Lung (923) Rates/Etc. Product Liability 380 Other Personal ❑ 151 Medicare Act ~ 320 Assault, Libel & ~ Property Damage ~ 555 Prison Condition ❑ 863 DIWC/DIWW (405 (g)) 460 Deportation Slander 385 ProP ertY Dama9 e 560 Civil Detainee ❑ 864 SSID Title XVI 470 Racketeer Influ- 152 Recovery of 330 Fed. Employers' ❑ Org. ❑ Defaulted Student ❑ product LiabilitY ❑ Conditions of enced &Corrupt LiabilitY 865 RSI (405 (g)) Loan (Exd. Vet.) BANKRUPTCY Confinement ❑ 480 Consumer Credit ~ 340 Marine FORFEITURElPENALTY 490 Cable/Sat TV 153 Recovery of ~ 422 Appeal 28 FEDERAL TAX SUITS ~ 345 Marine Product USC 158 Overpayment of 625 Drug Related 870 Taxes (U.S. Plaintiff or 850 Securities/Com- Liability Vet. Benefits 423 Withdrawal 28 ~ Seizure of Property 21 ❑ Defendant) modities/Exchange ~ 350 Motor Vehicle USC 881 160 Stockholders ~ USC 157 g71 IRS-Third Party 26 USC ❑ Other 890 Other Statutory ❑ Suits ~ 355 Motor Vehicle CIVIL RIGHTS 690 7609 Actions Product Liability 190 Other ❑ 440 Other Civil Rights LABOR 891 Agricultural Acts 360 Other Personal Contract ❑ Injury ~ 441 Voting ~ 710 Fair Labor Standards 893 Environmental Act 62 Personal Injury- Matters 195 Contract 3 Product Liability ~ Med Malpratice ❑x 442 Em p toY ment ~ 720 Labor/Mgmt. 895 Freedom of Info. 443 Housing/ Relations ❑ 196 Franchise 365 Personal Injury- Act ~ Accommodations ❑ Product Liabilit ~ ❑ 740 Railway Labor Act REAL PROPERTY y 896 Arbitration 367 Health Care/ 445 American with ❑ Disabilities- ~ 751 Family and Medical 210 Land Pharmaceutical Leave Act 899 Admin. Procedures ~ Condemnation ~ Personal Injury Employment Act/Review of Appeal of 790 Other Labor 220 Product Liabilit 446 American with Agency Decision ❑ Foreclosure y ~iti ation 368 Asbestos ~ Disabilities-Other ~ 9 950 Constitutionality of ~ 230 Rent Lease & ❑ X91 Employee Ret. Inc. Personal Injury ~ 448 Education ~ State Statutes E'ectment Product Liabilit Security Act
FOR OFFICE USE ONLY: Case Number: J CV-71 (05/17) S Page 1 of 3 Case 2:18-cv-08348-CJC-FFMUNITED STATES DISTRICT Document COURT, 1-1 CENTRAL Filed DISTRICT 09/27/18 OF ~4LIFORNIA Page 2 of 4 Page ID #:29 CIVIL COVER SHEET
VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will be initially assigned. This initial assignment is subject to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal. QUESTION A: Was this case removed from state court? STATE CASE WAS PENDING IN THE COUNTY OF: INITIAL DIVISION IN CACD IS: ~x Yes ~ No ~x Los Angeles, Ventura, Santa Barbara, or San Luis Obispo Western If "no," skip to Question B. If "yes," check the box to the right that applies, enter the ❑ Orange Southern corresponding division in response to Question E, below, and continue from there. ❑ Riverside or San Bernardino Eastern
QUESTION B: Is the United States, or B.1. Do 50% or more of the defendants who reside in YES. Your case will initially be assigned to the Southern Division. one of its agencies or employees, a the district reside in Orange Co.? ~ Enter "Southern" in response to Question E, below, and continue PLAINTIFF in this action? from there. check one of the boxes to the right ~1 Yes 0 No ~ NO. Continue to Question B.2.
B.2. Do 50% or more of the defendants who reside in YES. Your case will initially be assigned to the Eastern Division. If "no," skip to Question C. If "yes," answer the district reside in Riverside and/or San Bernardino ~ Enter "Eastern" in response to Question E, below,and continue Question B.1, at right. Counties? (Consider the two counties together.) from there.
check one of the boxes to the right ~. NO. Your case will initially be assigned to the Western Division. Enter "Western" in response to Question E, below, and continue from there.
QUESTION C: I5 the United States, or C.1. Do 50% or more of the plaintiffs who reside in the YES. Your case will initially be assigned to the Southern Division. one of its agencies or employees, a district reside in Orange Co.? ~ Enter "Southern" in response to Question E, below, and continue DEFENDANT in this action? from there. check one of the boxes to the right ~~ Yes ~x No NO. Continue to Question C.2.
C.2. Do SO% or more of the plaintiffs who reside in the YES. Your case will initially be assigned to the Eastern Division. If "no," skip to Question D. If "yes," answer district reside in Riverside and/or San Bernardino ~ Enter "Eastern" in response to Question E, below, and continue Question C.l, at right. Counties? (Consider the two counties together.) from there.
check one of the boxes to the right ~~ NO. Your case will initially be assigned to the Western Division. Enter "Western" in response to Question E, below, and continue from there. A. B. C. Riverside or San Los Angeles, Ventura, QUESTION D: Location of plaintiffs and defendants? Orange County Bernardino County Santa Barbara, or San Luis Obispo County Indicate the locations) in which 50% or more of plaintiffs who reside in this district reside. (Check up to two boxes, or leave blank if none of these choices apply.) Indicate the locations) in which 50% or more of defendants who reside in this district reside. (Check up to two boxes, or leave blank if none of these choices ~ ~ ~X apply.)
D.1. Is there at least one answer in Column A? D.2. Is there at least one answer in Column B? Yes DX No ~ Yes OX No
If "yes," your case will initially be assigned to the If "yes," your case will initially be assigned to the SOUTHERN DIVISION. EASTERN DIVISION.
Enter "Southern" in response to Question E, below, and continue from there. Enter "Eastern" in response to Question E, below. If "no," go to question D2 to the right. ~~ If "no," your case will be assigned to the WESTERN DIVISION. Enter "Western" in response to Question E, below. ~,
QUESTION E: Initial Division? INITIAL DIVISION IN CACD
Enter the initial division determined by Question A, B, C, or D above: ~~ WESTERN
QUESTION F: Northern Counties?
Do 50% or more of plaintiffs or defendants in this district reside in Ventura, Santa Barbara, or San Luis Obispo counties? ~ Yes ~X No
CV-71 (05/17) CIVIL COVER SHEET Page 2 of 3 Case 2:18-cv-08348-CJC-FFMUNITED STATE$ DISTRICT Document COURT, 1-1CENTRAL Filed DISTRICT 09/27/18 OF ~4LIFORNIA Page 3 of 4 Page ID #:30 CIVIL COVER SHEET
IX(a). IDENTICAL CASES: Has this action been previously filed in this court? ~X NO ~ YES
If yes, list case number(s):
IX(b). RELATED CASES: Is this case related (as defined below) to any civil or criminal cases) previously filed in this court? OX NO ~ YES If yes, list case number(s):
Civil cases are related when they (check all that apply):
A. Arise from the same or a closely related transaction, happening, or event;
B. Call for determination of the same or substantially related or similar questions of law and fact; or
C. For other reasons would entail substantial duplication of labor if heard by different judges.
Note: That cases may involve the same patent, trademark, or copyright is not, in itself, sufficient to deem cases related.
A civil forfeiture case and a criminal case are related when they (check all that apply):
A. Arise from the same or a closely related transaction, happening, or event;
B. Call for determination of the same or substantially related or similar questions of law and fact; or
C. Involve one or more defendants from the criminal case in common and would entail substantial duplication of labor if heard by different judges.
X. SIGNATURE OF ATTORNEY (OR SELF-REPRESENTED LITIGANT): ---_ _ - DATE: September 27, 2018
Notice to Counsel/Parties: The submission of this Civil Cover Sheet is required by Local Rule 3-1. This Form CV-71 and the information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required bylaw, except as provided by local rules of court. For more detailed instructions, see separate instruction sheet(CV -071 A).
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation Substantive Statement of Cause of Action Atl claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, 861 HIA include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. (42 U.S.C. 1935FF(b))
862 BL All claims for "Black Lung" benefits underTitle 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969.(30 U.S.C. 923) All claims filed by workers for under 863 DIWC insured disability insurance benefits Title 2 of the Social Security Act, as amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g))
863 DIWW All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as amended.(42 U.S.C. 405 (g))
864 SSID All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended.
865 RSI All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405 (g))
CV-71 (05/17) CIVIL COVER SHEET Page 3 of 3 Case 2:18-cv-08348-CJC-FFM Document 1-1 Filed 09/27/18 Page 4 of 4 Page ID #:31
PROOF OF SERVICE
2 STATE OF CALIFORNIA, ] ss. 3 I,COUNTY OF LOS ANGELES 4 I am employed in the county of Los Angeles, State of California. I am over the age of 18 and not 5 a party to the within entitled action; my business address is 6355 Topanga Canyon Boulevard, Suite 403. Woodland Hills, CA 91367-2102. 6 On September 27, 2018, I served the foregoing document described as CIVIL COVER SHEET 7 on the interested parties in this action: 8 Michael A. Gould 9 Aarin A. Zeif Gould &Associates 10 17822 E. 17th Street, Suite 106 ~ Z~m Tustin, CA 92780 H ~~o 11 Q ~ t~~l Michael cr,wa~eandhourlaw.com ~w ~~~ aom 12 Aarin(a~wa~eandhourlaw.com °~ °m~~ Zs ~"g~ J 13 x Q a by placing a true copy thereof enclosed in a sealed envelope, with postage prepaid, addressed as per the ~w'oQZ ~, z Wag0 14 attached service list, for collection and mailings at Woodland Hills, California following ordinary ~ ~~~a ~ 3 business practices. I am readily familiar with the firm's practice for collection and processing of the 15 document for mailing. Under that practice, the document is deposited with the United States Postal Service on the same day in the ordinary course of business. I am aware that upon motion of any party 16 served, service is presumed valid if the postal cancellation date or postage meter date on the envelope is 17 more than one day after date of deposit for mailing contained in this affidavit.
18 I declare, under penalty of perjury, under the laws of the State of California, that the foregoing is and correct. 19 20 Executed on September 27, 2018, at Woodland Hills, California. 21 22 CINDY L. HOFFMAN %~. 23 Type or Print Name Signature 24 25 26 27 28 ClassAction.org
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