224, 221,226j, 22^jwb-m»o3 512,1194,1194.2, ilfii^.i,^l*98 ......county, pursuant tocode ofcivil...

0?

I

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

KNAPP,

PETERSEN

& CLARKE

Stephen M. Harris, Bar No. [email protected], PETERSEN & CLARKE550 North Brand Boulevard, Suite 1500Glendale, California 91203-1922Telephone: (818)547-5000Facsimile: (818)547-5329

Robert L.Starr, Bar No. [email protected] LAW OFFICES OF ROBERT L. STARR23277 Ventura BoulevardWoodland Hills, California 91364-1002Telephone: (818) 225-9040Facsimile: (818) 225-9042

Attorneys for PlaintiffLULU MALONE, individually and on behalfof a classof similarly situated individuals

FILED>r Court of Ce

Sountvof Los Angeles

AUG 212014

Superior Court of CaliforniaCou

Sherri R. Caj

By.aunya

;ive Officef/Clerk

Deputy

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES, CENTRAL DISTRICT

LULU MALONE, individually and on behalfof a class of similarly situated individuals,

Plaintiff,v.

HANDYBOOK, INC., and DOES 1-100,inclusive,

Defendants.

BC 5 5 5 3 6 7NO.[CLASS ACTION]

PLAINTIFF'S CLASS ACTIONCOMPLAINT FOR:

FAILURE TO PAY MINIMUMWAGES; LIQUIDATED DAMAGES;FAILURE TO PAY OVERTIMECOMPENSATION; FAILURE TOPROVIDE MEAL AND RESTPERIODS; FAILURE TOREIMBURSE EXPENSES; WAITINGTIME PENALTIES; FAILURE TOPROVIDE ITEMIZED WAGESTATEMENTS; UNFAIRCOMPETITION; (CAL. B^S* & x TPROF. CODE § 17200 andf£ES EAB£CODE §§ 201, 202,203, 20| &g 221, S224, 221,226J, 22^jWb-M»o 3512,1194,1194.2, ilfii^.i,^l*98,and 2800-2802) m

.*.«t Vr v> OiO O O Ol

o bobo o o o

*• o o'-< OJ o

DEMAND FOR JURY TRIADS I*-> -0•*. CO

oo

<~. CIK> 'S3

•ACO

•1-PLAINTIFF'S CLASS ACTION COMPLAINT FOR:

2080655.1 08000/00997

KNAPP,

PETERSEN

& CLARKE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Comes now Plaintiff Lulu Malone (referred to herein as "Plaintiff), on behalf of

herself and all others similarly situated, and herein alleges:

INTRODUCTION

1. This is a class action, pursuantto Code of Civil Procedure § 382, on behalfof

Plaintiff and all individuals who work or workedas a cleaningperson by Defendant

Handybook, Inc. (referred to herein as "Defendant" or "Handybook"), or any subsidiaries

or affiliated companies doing business as "Handybook," within the state of California.

2. For at least four (4) years prior to the filing of this action and continuing to

the present, Defendant incorrectly classified Plaintiff and other Class Members as

independent contractors. Defendant has had a consistent policy of exercising significant

control over the cleaning persons' behavior and opportunity for profit.


the present, Defendant has had a consistent policy of failing to pay Plaintiff and other Class

Members the minimum wage, or legal overtime. The cleaning personnel are clearly entitled

to such wages (but were not paid for such wages) since they must wear Handybook

uniforms, must report 15 minutes early for each job, must adhere to detailed requirements

governing how they clean a customers' home, how they behave on the job, how they greet

customers, communicate with customers, and the steps to follow in cleaning their residence,

including how long the job is to take. Any referrals or return work is through Handybook

only, and Handybook is to be consulted about any issues the cleaning personnel cannot

answer or solve on their own. Moreover, cleaning personnel are subject to termination for

violating Handybook rules.

4. Each Handybook cleaning person must work the first six hours of their

employment without any compensation, and is not paid for the first 15 minutes ofeach job,

since they must report 15 minutes early at the residence and are not paid for that time.

Moreover, all Handybook cleaning personnel are required to pay for their own cleaning

supplies, and are otherwise required to bear their own business expenses. Nor are

Handybook personnel given rest or meal breaks, or furnished with itemized wage

-2-PLAINTIFFS CLASS ACTION COMPLAINT FOR:

2080655.1 08000/00997

0!

KNAPP,

PETERSEN

& CLARKE

statements.

5. Defendant disavows an employment relationship through unconscionable

constraints and through an invalid adhesion contract.


the present, Defendant has had a consistent policy of requiring cleaningpersonnel

6 employed within the State of California, includingPlaintiff, to work at least five (5) hours

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

without an uninterrupted meal period of at least thirty (30) minutes and failing to pay such

employees one (1) additional hour of pay at the employees' regular rate of compensation

for each workday that the meal period is not provided, or provided after five (5) hours, as

required by California law. Moreover, Defendant routinely refuses to furnish cleaning

personnel statutorily prescribed rest breaks often minutes for each four hours worked and

Defendant fails and refuses to pay each employee one (1) additional hour ofpay at the

employee's regular rate of pay for each workday that a rest break was not provided.


the present, Defendant failed to maintain accurate itemized wage statements reflecting the

Class Members' earned wages, work periods, hours worked, and the hourly value of their

compensation.


the present, Defendant has had a consistent policy of not reimbursing its cleaning personnel

for business expenses incurred in the course and scope of their employment.

9. Plaintiff, on behalf of herself and all Class Members, brings this action

pursuant to Labor Code §§ 201, 202, 203, 204, 210, 221, 224, 226, 226.7, 226.8,401-410,

510,512, 1194, 1194.2, 1197, 1197.1, 1198, and 2800-2802, and California Code of

Regulations, Title 8, Section 11060, seeking unpaid wages, meal periods, meal period

premiums, rest periods and rest period premiums, reimbursement of expenses, wage

statement related violation relief, penalties, injunctive and other equitable relief, and

reasonable attorneys' fees and costs.

///

-3-PLAINTIFF 'S CLASS ACTION COMPLAINT FOR:

2080655 1 08000/00997

KNAPP,

PETERSEN

& CLARKE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

10. Plaintiffwas, at all times relevant herein, an employee of Defendant and

brings this action as a class action onbehalf of herself and others similarly situated.

11. Plaintiff, on behalfof herselfand all Class Members, pursuant to Business &

Professions Code §§ 17200-17208 and Labor Code § 1194, and the other statutes referred

to herein, also seeks injunctive relief, restitution, and disgorgement of all benefits

Defendant enjoyed from its failure to payproper compensation.

VENUE

12. Venue is proper in this Court because Plaintiff and Defendant are located in

Los Angeles County and the acts complained of in this Complaint occurred inLos Angeles

County, pursuant toCode ofCivil Procedure § 395 and Local Rule 2.0(b). The unlawful

acts alleged herein have a direct effect onPlaintiff and those similarly situated.

PARTIES

13. Plaintiff is a resident of the State of California.

14. As cleaningpersons, Plaintiffand the Class were regularly required to:

(1) Work without receiving compensation for all hours worked at the

proper rate and/orwithout receiving a minimum wage, or legal overtime compensation;

(2) Work in excessof five (5) hours per day without beingprovideda

meal period of at least thirty (30) minutes, andwork without being compensated one(1)

additional hour of pay at theemployee's regular rate of compensation for each workday that

a meal period was not provided or provided after five (5) hours, all in violation of

California labor laws, regulations, and Industrial WelfareCommission ("IWC") Wage

Orders;

(3) Work more than four (4) hours each day without being provided a

statutorily prescribed rest break and work without being compensated one (1) additional

hour of pay at the employee's regular rate ofcompensation for each workday that a rest

period was not provided, in violation of California labor laws, regulations, and Industrial

Welfare Commission ("IWC") Wage Orders;

(4) Work without being provided an accurate itemized wage statement

-4-PLAINTIFFX CLASS A CTION COMPLA INT FOR:

2080655! 08000/00997

h)

h)

G)

&

KNAPP,

PETERSEN

& CLARKE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

reflecting all deductions from payment ofwages and accurately reporting total hours

worked by Plaintiff and the Class Members, their rates ofpay, or the compensation paid to

them;

(5) Work without being reimbursed for expenses that were incurred on

Defendant's behalfas a necessary condition of employment.

15. Defendant willfully failed to pay all wages owed at the time of termination or

resignation ofPlaintiffand other Class Members' employment with Defendant.

16. Defendant Handybook, Inc. is a corporation incorporated in the State of

Delaware with its principal place ofbusiness in the State ofMassachusetts. Handybook is .

doing business in the State of California.

17. Plaintiff and the Class Members are and at all relevant times were employed

by Defendant as cleaning personnel in connection with Defendant's business operations.

18. The true names and capacities of defendants sued asDOES 1 through 100,

inclusive, are unknown to Plaintiff at this time. Plaintiff will amend the Complaint when the

true names, identities, and/or capacities ofsaid defendants become known toPlaintiff.

19. Plaintiff alleges that at all times mentioned herein, Defendant Handybook and

the DOEdefendants, DOES 1through 100, inclusive, were the agents, employees, co-

owners, or co-venturers of each of their co-defendants, orare otherwise legally responsible

for the acts alleged herein, and in doing the things alleged in this Complaint, were acting

within the course and scope of that agency and employment, orother capacity, including,

without limitation, as an employer of Plaintiffand the Class Members.

FACTUAL BACKGROUND

20. Defendant hires class members to work as cleaning personnel under its

direction and control, in the State of California. Plaintiffand the Classwereerroneously

classified as"independent contractors" despite their clear employee status. The cleaning

personnel must wear Handybook uniforms, must report 15 minutes early for each job, must

adhere to detailed requirements governing how they clean a customers' home, how they

behave on thejob, how they greet customers, communicate with customers, and thesteps to

-5-PLAINTIFF 'S CLASS ACTION COMPLAINT FOR:

2080655.1 08000/00997

KNAPP,

PETERSEN

& CLARKE

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

follow in cleaning their residence, including how long thejob is to take. Any referrals or

return work is through Handybook only, and Handybook is to be consulted about any issues

the cleaning personnel cannot answer orsolve on their own. Moreover, cleaning personnel

are subject to termination for violating Handybook rules. Each Handybook cleaning person

must work the first six hours of theiremployment without any compensation, and is not

paid for the first 15 minutes ofeach job, since they must report 15 minutes early atthe

residence and are not paid for that time. Moreover, all Handybook cleaning personnel are

required to pay for their own cleaning supplies, and are otherwise required to bear their own

business expenses. Nor are Handybook personnel given rest or meal breaks, or furnished

with itemized wage statements.

21. As stated above, Plaintiffand the Class were given no employee benefits and

were not reimbursed for their employment-related expenses. Further, Plaintiffandother

Class Members are no longer working for Defendant, and at the time of their termination or

within seventy-two (72) hours of their resignation were not paid all wages owed, and were

not paid said wages for thirty (30) days thereafter, thus entitling them to penalties under

Labor Code §203.

22. Plaintiff and the Class Members are and at all times pertinent hereto have

been non-exempt employees within the meaning of the California Labor Code and the

implementing rules and regulations of the IWC Wage Orders, in that Defendant directly or

indirectly employed orexercised control over the wages, hours, and working conditions of

Plaintiff and the Class Members.

23. At all times relevant hereto, and at some time during the period from four (4)

years priorto the filing of this action andcontinuing to thepresent, Defendant has

employed the cleaning personnel, including Plaintiff, pursuant to a sham"independent

contractor" arrangement, which is an unenforceable adhesion contract. Pursuant to the sham

independent contractor agreement, Defendants, andeach of them, fail to payall wages due

to the cleaning personnel, nor did they or do theyprovide to the cleaning personnel anyof

the other fundamental entitlements guaranteed by the law to all California employees,

-6-PLAINTIFF'S CLASS ACT/ON COMPLAINT FOR:

2080655.1 08000/00997

KNAPP,

PETERSEN

& CLARKE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

including, but not limited to, state unemployment and disability insurance, worker's

compensation insurance, and/or payment ofemployee payroll taxes to secure the class

members future eligibility for social security benefits.

24. Plaintiff and the Class Members were regularly required towork inexcess of

five (5) hours per day without being provided athirty (30) minute meal period, and were

routinely required to work in excess offour (4) hours in each day without being provided

statutorily prescribed rest breaks.

25. Defendant did not fully compensate Plaintiff and the Class for Defendants'

failure to provide meal and rest periods during the liability period.

26. Defendants' requirement that Plaintiff and the Class work through meal and

rest periods without paying legal compensation for their failure to provide meal and rest

periods during the liability period was willful and deliberate.

27. Defendants willfully failed to pay one (1) hour ofwages at the employee's

regular rate ofcompensation for each meal or rest period Defendants failed to provide.

28. Defendants have failed to comply with IWC Wage Order 4-2001(7) and/or 2-

2001 (7) and Labor Code Section 226 by failing to maintain time records showing when the

employee begins and ends each work period, meal periods, and total daily hours worked by

itemizing in wage statements all deductions from payment ofwages and accurately

reporting total hours worked and total compensation earned as well as the rate ofpay by

Plaintiff and the members of the Class.

29. Defendants required Handybook cleaning personnel to wear a company

uniform, and buy their own cleaning equipment, as a condition ofemployment, but

Defendants failed to appropriately reimburse Plaintiff and the Class for these employment-

related expenses (and other employment related expenses) as required by Labor Code

§ 2802.

30. Plaintiffand the Class are covered by California Industrial Welfare

Commission Occupational Wage OrderNo. 2-2001, or 4-2001.

///

PLAINTIFF'S CLASS ACTION COMPLAINT FOR:

20806S5.1 08000/00997

Is.'

KNAPP,

PETERSEN

& CLARKE

I

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CLASS ACTION ALLEGATIONS

31. Plaintiff brings this action on herown behalf, and on behalfof the class of all

persons similarly situated.

32. Plaintiffseeks to represent a class defined as follows: All persons whoare

employed or have been employed by Defendants within the State ofCalifornia ascleaning

personnel for Defendants' customers from four years prior tothe filing of this action up to

and including theentry of an appropriate class certification order.

33. This action is maintainable by Plaintiff as a class action under § 382 of the

Code of Civil Procedure because the questions of law and fact common to theClass

Members predominate over any questions affecting individual members and, on balance, a

class action is superior to other methods available for adjudicating thecontroversy. There

is as well-defined community of interest in the litigation and the Class is easily

ascertainable.

a. Numerositv: The potential members of the Class as defined are so numerous

that the individual joinder ofall members is impractical under the circumstances of this

case. Although the exact number ofClass Members isunknown toPlaintiff at this time,

Plaintiffis informed and believes andthereon alleges that during the relevant time period

Defendant employed over 250 Handybook "maids" within the State of California. Plaintiff

alleges that Defendant's employment records would provide information as to the precise

number and location of all Class Members. Joinder of all members of the Class is not

practicable.

b. Commonality: The common questions are such that proof of a statement of

facts common to the members of the Class will entitle each member of the Class to the

reliefrequested in this Complaint. There are questions of lawand fact presented herein

which are common to the entire Class of persons represented by Plaintiff, and which

predominate over any individual issues, including, but not limited to:

(i) Whether Defendants failed to pay wages (including minimum wage and

overtime compensation) for all hours worked at the proper rate, and when such payments

-8-PLAINTIFF 'S CLASS ACTION COMPLA INT FOR:

2080655.1 0S000/00997

KNAPP,

PETERSEN

& CLARKE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

were due, as required by the Labor Code and Wage Orders;

(ii) Whether Defendants failed to pay minimum wages as required by Labor Code

§1197.1;

(iii) Whether Defendants failed to provide meal and rest periods to Class

Members in violationof California law, and whetherDefendants unlawfully failed to pay

Class Members one (1) hour ofwages for each meal and rest period not provided;

(iv) Whether Defendants unlawfully failed to provide Class Members with

accurate itemized wage statements;

(v) Whether Defendants failed to properly reimburse expenses incurred on the

Defendants' behalf;

(vi) Whether Defendants violated §§ 201-203 of the Labor Code by failing to pay

compensation due and owing at the time that any Class Member's employment with

Defendants terminated;

(vii) Whether Defendants violated Labor Code §§ 221-224, and 400-410 by

requiring that Plaintiffs and the Class Members' work the initial six hours of their

employment for free in order to reimburseDefendants for the equipment which Class

Members used in connection with their employment;

(viii) Whether Defendants violated § 17200 et seq. of the Business & Professions

Code by engaging in the acts previously alleged;

(ix) Whether Plaintiff and the members of the Class are entitled to equitable relief

pursuant to Business & Professions Code § 17200, et seq.;

(x) Whether Defendant willfully classified the cleaning personnel as independent

contractors;

c Typicality: Plaintiffs claims are typical of the claims of the Class Members.

Plaintiff and the members of the Class sustained damages arising out of Defendants'

common practices set forth above. Plaintiff and the Class Members performed the same

duties and had the same responsibilities.

d- Adequacy: Plaintiff is qualified to, and will, fairly and adequately protect the

-9-PLAINTIFF'S CLASS ACTION COMPLAINT FOR:

2080655.1 08000/00997

0?

Is.'

KNAPP,

PETERSEN

& CLARKE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

interest of each Class Member. Plaintiff has no interest that isadverse to the interests of the

other Class Members. Counsel who represent Plaintiff are competent and experienced in

litigating wage and hour and employment class actions.

e. Superiority: Class action adjudication is superior to the other available

methods because a classaction will achieve economics of time, effort and expense as

compared to separate lawsuits, and will avoid inconsistent outcomes because the same

issues can be adjudicated in the same manner for the entire Class.

FIRST CAUSE OF ACTION

FAILURE TO PAY MINIMUM WAGES

34. Plaintiff hereby incorporates the preceding paragraphs ofthis Complaint and

re-alleges said allegations as though folly set forth herein.

35. Plaintiff and theClass Members were never paid minimum wages for all

hours worked pursuant to Labor Code §§ 1197 and 1197.1. Moreover, Defendants violated

the provisions of Labor Code Sections 221-224 by deducting expenses from employee

compensation which were incurred by the employees in connection with their employment

duties, thereby reducing compensation below minimum wage.

36. As a result of the unlawful acts ofDefendants, Plaintiff and the Class have

been deprived of wages in amounts to be determined at trial, and are entitled to recovery of

such amounts, plus interest and penalties thereon, attorneys' fees, and costs, pursuant to

Labor Code §1194.

SECOND CAUSE OF ACTION

LIQUIDATED DAMAGES PURSUANT TO LABOR CODE § 1194.2

37. Plaintiff hereby incorporates the preceding paragraphs ofthis Complaint and

re-alleges said allegations as though fully set forth herein.

38. During the course oftheir employment with Defendant, Plaintiff and the

Class were not at all times paid the minimum wage, in that Plaintiff and the class were not

compensated at all for the initial six hours that they worked for Defendants, were not paid

while they travelled from job to job, and were not paid for the initial 15 minutes ofeach job


2080655.1 08000/00997

KNAPP,

PETERSEN

& CLARKE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

since they were required to show up 15 minutes early and were notpaidforthis time.

Pursuant to LaborCode § 1194.2, Plaintiffand the Class are entitled to a penalty equal to

the amount paid less than minimum wage.

THIRD CAUSE OF ACTION

FAILURE TO PAY OVERTIME COMPENSATION

39. Plaintiff incorporates by reference andre-alleges as if fully stated herein the

preceding allegations of the complaint.

40. California LaborCode section 1198 and the applicable Industrial Welfare

Commission ("IWC") Wage Order provide that it is unlawful to employ persons without

compensating them at a rate ofpay either time-and-one-half or two-times that person's

regular rate of pay, depending on the number of hours worked by the person on a daily or

weekly basis.

41. Specifically, the applicable IWC Wage Order provides that Defendants are

and were required to pay Plaintiff and class members employed by Defendants, and

working more than eight (8) hours in a day ormore than forty (40) hours in a workweek, at

the rate of time-and-one-halffor all hours worked in excess of eight (8) hours in a day or

more than forty (40) hours in a workweek.

42. The applicable IWC Wage Order further provides that Defendants are and

were required to pay Plaintiff and class members employed by Defendants, and working

more than twelve (12) hours in a day, overtime compensation at a rate of two times their

regular rate of pay.

43. California Labor Code section 510 codifies the right to overtime

compensation at one-and-one-half times theregular hourly rate for hours worked in excess

of eight (8) hours in a day or forty (40) hours in a weekor for the first eight(8) hours

worked on the seventh day ofwork, and to overtime compensation at twice the regular

hourly rate for hours worked in excess of twelve (12) hours in a day or in excess of eight

(8) hours in a day on the seventh day of work.

44. During the relevant timeperiod, Plaintiffand the class worked in excess of


2080655.1 08000/00997

KJ

J.>

KNAPP,

PETERSEN

& CLARKE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

eight (8) hours in a day, in excess of twelve (12) hours in a day, and/or in excess of forty

(40) hours in a week.

45. During the relevant time period, Defendants willfully failed to pay all

overtime wages owed to Plaintiff and class members.

46. Defendants' failure to pay Plaintiff and other class members the unpaid

balance of overtime compensation, as required by California laws, violates the provisions of

California Labor Code sections 510 and 1198, and is therefore unlawful.

47. Pursuant to California Labor Code section 1194, Plaintiff is entitled to

recover his or her unpaid overtime compensation, as well as interest, costs, and attorneys'

fees.

FOURTH CAUSE OF ACTION

FAILURE TO PROVIDE MEAL PERIODS

48. Plaintiff hereby incorporates the preceding paragraphs of this Complaint and


49. During all times relevant herein, Defendants unlawfully required Plaintiff and

the Class Members to work for more than five (5) hours without providing them a meal

period of at least thirty (30) minutes, in violation of Labor Code §§ 226.7 and 512.

50. Therefore, Plaintiff prays for the relief provided by Labor Code § 226.7 in the

amount equal to an additional one (1) hour of pay at the employee's regular rate of

compensation for each day that a meal period was not provided.

51. Plaintiff is also entitled to costs and attorneys' fees pursuant to California

Labor Code sections 226.7 and 512(a), and any other applicable statute or law.

FIFTH CAUSE OF ACTION

FAILURE TO PROVIDE REST PERIODS

52. Plaintiff incorporates by reference and re-alleges as if folly stated herein the

preceding allegations of the complaint.

53. At all relevant times herein, the applicable IWC Wage Order and California

Labor Code section 226.7 were applicable to Plaintiffs employment by Defendants.


2080655.1 08000/00997

K>

£:»

KNAPP,

PETERSEN

& CLARKE

1 54. At all relevant times, California Labor Code section 226.7 provides that no

2 employer shall require an employee to work during any rest period mandated by an

3 applicable order of the California IWC.

4 55. At all relevant times, the applicable IWC Wage Order provides that "[e]very

5 employer shall authorize and permit all employees to take rest periods, which insofar as

6 practicable shall be in the middle of each work period" and that the "rest period time shall7 be based on the total hours worked daily at the rate often (10) minutes net rest time per

8 four (4) hours or major fraction thereof unless the total daily work time is less than three

9 and one-half (3 Vi) hours.

10 56. During the relevant time period, Defendants required Plaintiff and the class to

11 work four (4) or more hours without authorizing or permitting aten (10) minute rest period

12 per each four (4) hour period worked.

13 57. During the relevant time period, Defendants willfully required Plaintiff and

14 the class to work during rest periods.

15 58. Dyring the relevant time period, Defendants failed to pay Plaintiff and the

16 class the full rest period premium due pursuant to California Labor Code section 226,7.

17 59. Defendants' conduct violates the applicable IWC Wage Orders and California

18 Labor Code section 226.7.

19 60. Pursuant to the applicable IWC Wage Order and California Labor Code

20 section 226.7(b), Plaintiff and each class member is entitled to recover from Defendants

21 one additional hour ofpay at his or her regular hourly rate ofcompensation for each work

22 day that any rest period was not provided.

23 61. Plaintiff is also entitled to costs and attorneys' fees pursuant toCalifornia

24 Labor Code sections 226.7 and 512(a), and any other applicable statute or law.

25 SIXTH CAUSE OF ACTION

26 FAILURE TO REIMBURSE EXPENSES

27 62. Plaintiff hereby incorporates the preceding paragraphs ofthis Complaint and

28 re-alleges said allegations as though fully set forth herein.


2080655.1 08000/00997

03

K}

KNAPP,

PETERSEN

& CLARKE

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

63. LaborCode §§ 2800-2802 require employers to indemnify employees forall

necessary expenditures incurred by the employee in the discharge of his or her duties.

Moreover, Labor Code Sections 400-410 prohibit an employer from imposing a bond on an

employee.

64. At all relevant times herein, Defendants required Plaintiff and the Class to

purchase and maintain uniforms and otherwisepay for other business expenses such as

supplies, equipmentand expenses incurred in connection with travellingfromjob to job.

Defendants required Plaintiffand the Class to bear the burdenof purchasing these

employment related expenses.

65. As a result, Defendants are liable to Plaintiff and the Class for the amounts

expended in purchasing the uniforms and accessories, plus interest, penalties, and attorney's

fees and costs, pursuant to Labor Code §§ 400-410, and 2800-2802.

SEVENTH CAUSE OF ACTION

WAITING TIME PENALTIES



67. California Labor Code § 203 states, in pertinent part:

If an employer willfully fails to pay, without abatement orreduction, in accordance with Sections 201, 201.5, 202 and 205.5,any wages of an employee who is discharged or who quits, thewages of the employee shall continue as a penalty from the duedate thereof at the same rate until paid or until an action therefor iscommenced; but the wages shall not continue for more than 30days.

68. Numerous members of the Class, including Plaintiff, are no longer employed

by Defendants. They were either fired or quit Defendant's employ.

69. Defendants' failure to pay wages, as alleged above, was willful in that

Defendant knew wages to be due but failed to pay them, thus entitling Plaintiff and the

Class to penalties under Labor Code § 203, which provides that an employee's wages shall

continue as a penalty until paid for a period of up to thirty (30) days from the time they


2080655.1 08000/00997

U,'

h*

f~->

KNAPP,

PETERSEN

& CLARKE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

were due.

70. Defendants have failed to pay Plaintiffand other ClassMembers a sum

certain at the time of termination or within seventy-two (72) hours of their resignation, and

have failed to pay those sums for thirty (30) days thereafter. Pursuant to the provisions of

Labor Code § 203, Plaintiff and the members of the Class are entitled to a penalty in the

amount of Plaintiffs and other's daily wage multiplied by thirty (30) days.

EIGHTH CAUSE OF ACTION

FAILURE TO PROVIDE ITEMIZED WAGE STATEMENTS



72. California Labor Code § 226(a)(2) states, in pertinent part:

Every employer shall, semimonthly or at the time of eachpayment of wages, furnish each of his or her employees, either as adetachable part of the check, draft, or voucher paying theemployee's wages, or separately when wages are paid by personalcheck or cash, an accurate itemized statement in writing showing(1) gross wages earned, (2) total hours worked by the employee,except for any employee whose compensation is solely based on asalary and who is exempt from payment of overtime undersubdivision (a) of Section 515 or any applicable order of theIndustrial Welfare Commission.

73. At all relevant times herein, Defendants violated Labor Code § 226(a) (2) by

not providing accurate itemized statements) to Plaintiff and the Class Members.

74. Plaintiff prays for the greater of actual damages or the civil penalty of fifty

dollars ($50) for each aggrieved employee within the Class per pay period for the initial

violation and one hundred dollars ($100) for each aggrieved employeewithin the Class per

pay period for each subsequent violation as provided for in Labor Code § 226, as well as

attorneys' fees, costs, and appropriate injunctive relief.

///

///

///


2080655.1 08000/00997

us

h-''

KNAPP,

PETERSEN

& CLARKE

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

NINTH CAUSE OF ACTION

UNFAIR COMPETITION



76. Atall times relevant herein, Defendants violated the above-cited provisions of

theCalifornia Labor Code andtheapplicable IWC Wage Orders.

77. In addition, Defendants have repeatedly misrepresented to the members ofthe

Class that they were exempt from coverage ofthe above-cited IWC Wage Orders and/or

California laws regarding, e.g., minimum wage, overtime, meal and rest periods,

reimbursement ofexpenses, and other incidents ofemployment which defendants

misrepresented that Plaintiff and the class were not entitled to. These representations were

false and fraudulent and designed to prevent Plaintiff and the Class Members from pursuing

their legal remedies, and have resulted in Plaintiff and the Class Members being required to

pay self-employment tax on monies earned due to their independent contractor status.

78. Defendants' conduct, as alleged in this Complaint, constitutes an unlawful,

unfair and fraudulent business act or practice in violation ofthe provisions ofBusiness &

Professions Code § 17200, et seq.

79. Therefore, Plaintiff demands restitution ofall sums due and owing to her and

the Class. Plaintiff also demands injunctive relief to prevent the continuing violations of

the wage and hour violations identified in this Complaint.

RELIEF REQUESTED

WHEREFORE, Plaintiff, individually and on behalf ofaClass ofsimilarly situated

persons, demands judgment against Defendants, and each ofthem, as hereinafter set forth:

1. For an order certifying this action as a class action and appointing Plaintiffs

counsel as Counsel for the Class;

2. For payment ofall minimum wages, and overtime compensation, on behalf of

all employees who worked for Defendants, and for penalties pursuant to Labor Code §

1194.2;


2080655.1 08000/00997

h)

I—

£'*

KNAPP,

PETERSEN

& CLARKE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3. For the reimbursement of employment-related expenses pursuant to Labor

Code §§ 400-410, and 2800-2802, in an amount to be proven at trial;

4. For penalties pursuant to LaborCode § 203 for Plaintiffand all Class

Members whoquit or were terminated equal to their daily wage multiplied by thirty (30)

days;

5. For restitution of all wages or other sums owed to Plaintiffandthe Class and

for any sums unlawfully deducted from compensation otherwise payable toPlaintiff and the

Class Members in violation of LaborCode §§ 210, 221-224, and Labor Code §§ 2800-2802

and 400-410;

6. Anorderenjoining Defendants and their agents, servants, andemployees, and

all persons acting under or in concert with them, from failing to provide Plaintiff and the

Class with proper minimum wages, meal periods and rest periods inviolation of Labor

Code §§ 226.7, 512, and 1194, and IWC WageOrder 4-2001;

7. Forall reliefprovided for by Labor Code Section 226.7 based on failure to

furnish meal and rest periods;

8. Forall reliefprovided for byLabor Code Section 226 for failure to furnish

accurate itemized wage statements, including damages, or penalties, injunctive relief,

attorneys' fees and costs;

9. For pre-judgment interestat the rate of ten percentper annum;

10. For reasonable attorneys' fees and costs pursuant to LaborCode §§ 218.5,

226, 226.7, 512, 1194, and 2800-2802, California Code of Civil Procedure § 1021.5, or

pursuant to the Common Fund Theory ofRecovery;

11. For costs of this suit; and

12. For any other and former relief the court deemsjust and proper.

///

///

///

///

-17-PLAINTIFF'S CUSS ACTION COMPLAINT FOR:

2080655.1 08000/00997

0?

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

"•• 24

G) 25

T 26

27KNAPP,PETERSEN

& CLARKE ±o

DEMAND FOR JURY TRIAL

Plaintiff hereby demands trial ofherclaims by jury to the extent authorized by law.

Dated: August 21, 2014 KNAPP, PETERSEN &CLARKE

2080655.1 08000/00997

tephen M. HarrisAttorneys for PlaintiffLULU MALONE, individually and onbehalf of a class of similarly situatedindividuals


ATTORNEY OR, PARTY WITHOUT ATTORNEY (Name. S^H' number, and address):Stephen M. Harris (SBN 110626)wKnapp, Petersen &Clarke550 North Brand Boulevard, Suite 1500Glendale, CA 91203

telephone no, 818-547-5000 fax m -818-547-5329attorney for (Name): Plaintiff LULU MALONE, etc., et al.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESstreet address: 111 NORTH HILL STREET

mailing address: 111 NORTH HILL STREETcityandzip code: LOS ANGELES, CA 90012

branch name: CENTRAL DISTRICTcase name: Malone v. Handybook, Inc.

CM-010

FOR COURT USe ONLY

FILED ,Superior Court ofCalifornia

County of Los An^'as

AUG 212014

Sherri R.Xajlive officer/Clerk

Oeputy

CIVIL CASE COVER SHEET_3 Unlimited D Limited

(Amount (Amountdemanded demanded isexceeds $25,000) $25,000 or less)

Complex Case Designation

• Counter D JoinderFiledwith first appearance by defendant

(Cal. Rules of Court, rule 3.402)

CASE NUMBER:

JUDGE:

BC555367

DEPT:

ltems 1-6 below mustbe completed (see instructions onpage 2).1. Check one boxbelowfor the case type that best describes this case:

Auto Tort

• Auto (22)Q Uninsured motorist (46)Other Pj/PD/WD (Personal Injury/PropertyDamage/Wrongful Death) Tortn Asbestos (04)• Product liability (24)Q Medical malpractice (45)• Other PI/PD/WO (23)Non-PI/PD/WD (Other) Tort

Contract

.O Breach ofcontract/warranty (06)n Ruie 3.740 collections (09)• Other collections (09)• Insurance coverage (18)• Other contract (37)Real Property

O Eminent domain/Inversecondemnation (14)

Q Wrongful eviction (33)

•

aaDa

Business tort/unfair business practice (07) Q Other real property (26)Unlawful Detainer

[~~| Commercial (31)G Residential (32)• Drugs (38)Judicial Review

• Asset forfeiture (05)O Petition re: arbitration award (11)• Writ of mandate (02)O Other judicial review (39)

Civil rights (08)

Defamation (13)

Fraud (16)

Intellectual property (19)

Professional negligence (25)Other non-P(/PDAA/D tort (35)

Employment

[3 Wrongful termination (36)^ Other employment (15) -This case • is __ is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark thefactors requiring exceptional judicial management:

Large number of separately represented parties d. • Large number of witnessesExtensive motion practice raising difficult or novel e. • Coordination with related actions pending in one or more courtsissues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court

Ll D Substantial amount of documentary evidence f. • Substantial postjudgment judicial supervision3. Remedies sought (check all that apply): a. __ monetary b. __ nonmonetary; declaratory or injunctive relief c. D punitive4. 'Number of causes of action (specify):9

5> this case _ is D is not a classaction suit.6.Hi there areany known related cases, file and serve a notice of related case. (YouDate: August 21,'2014Stephen M. Harris

••

(TYPE OR PRINT NAME)

Provisionally Complex CivilLitigation(Cal. Rules of Court, rules 3.400-3.403)• Antitrust/Trade regulation (03)Q Construction defect (10)• Mass tort (40)O Securities litigation (28)Q Environmental/Toxic tort (30)C] Insurance coverage claims arising from the

above listed provisionallycomplex casetypes (41)

Enforcement of Judgment

O Enforcement of judgment (20)Miscellaneous Civil Complaint

• RICO (27)Q Other complaint (not specified above) (42)Miscellaneous Civil Petition

Q Partnership and corporate governance (21)• Other petition (not specified above) (43)

iS^NATORrOPI'SR'TY OR ATTORNEY FOR PARTY)

© NOTICE^Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small dairns ^ses <jr casesjfiled^, under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may resultI in sanctions.• File this cover sheet inaddition to anycoversheet required bylocal court rule.. If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve acopy of this cover sheet on all

other parties to the action or proceeding. ,,...., ,. Unless this is acollections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onl^^

Form Adopted lor Mandatory UseJudicial Council of CaliforniaCM-010 (Rsv. July1.JO07|

CIVIL CASE COVER SHEETCal RulesofCourt,rules 2.30.3.220, 3.400-3.403,3.740;

Cal. Standards of JudicialAdministration, std. 3.10www.courttWb.ce.oov

Auto TortAuto (22)-Personal Injury/Property

Damage/Wrongful DeathUninsured Motorist (46) (it the

case involves an uninsuredmotoristclaim subject toarbitration, check this iteminstead ofAuto)

Other PI/PD/WD (Personal Injury/Property Damage/Wrongful Oeath)Tort

Asbestos (04)Asbestos Property DamageAsbestos Personal Injury/

Wrongful DeathProduct Liability (not asbestos or

toxic/environmental) (24)Medical Malpractice (45)

Medical Malpractice-Physicians &Surgeons

Other Professional Health CareMalpractice

Other PI/PD/WD (23)Premises Liability (e.g., slipand fall)Intentional BodilyInjury/PD/WD

(e.g., assault, vandalism)Intentional Infliction of

Emotional DistressNegligent Infliction of

Emotional Distressf-.i Other PI/PD/WD

NorvPI/PD/WD (Other) Tort- "Business Tort/Unfair Business-..• Practice (07). .CivilRights (e.g , discrimination,?'•"' falsearrest)(notcivili_i harassment) (08)

Defamation (e.g., slander, libel)-.. (13)

.Fraud (16)N-! Intellectual Property (19)-•, Professional Negligence (25)-•' Legal MalpracticeH Other Professional Malpractice

(not medical or legal)|i Other Non-PI/PD/WD Tort (35)

EmploymentWrongful Termination(36) Other

Employment (15)

CM-010 (Rev. July 1,2007)

*OCT

Contract

Breach of ContractAVarranty (06)Breach of Rental/Lease

Contract (not unlawfuldetaineror wrongful eviction)

Contract/Warranty Breach-SellerPlaintiff (notfraud ornegligence)

NegligentBreach of Contract/Warranty

Other Breach of Contract/WarrantyCollections (e.g., money owed, open

book accounts) (09)Collection Case-Seller PlaintiffOther Promissory Note/Collections

CaseInsurance Coverage (notprovisionally

complex) (18)Auto SubrogationOther Coverage

Other Contract (37)Contractual FraudOther Contract Dispute

Real PropertyEminent Domain/Inverse

Condemnation (14)Wrongful Eviction (33)Other Real Property (e.g., quiet title) (26)

Writ of Possession of Real PropertyMortgage ForeclosureQuiet TitleOther Real Property (not eminentdomain, landlord/tenant, orforeclosure)

Unlawful DetainerCommercial (31)Residential (32)Drugs (38) (ifthe case involves illegal

drugs, check this item;otherwise,reportas Commercial or Residential)

Judicial ReviewAsset Forfeiture (05)Petition Re: Arbitration Award (11)Writ of Mandate (02)

Writ-Administrative MandamusWrit-Mandamus on Limited Court

Case Matter

Writ-Other Limited Court CaseReview

Other Judicial Review (39)Review of Health Officer OrderNotice of Appeal-Labor

Commissioner Appeals

CIVIL CASE COVER SHEET

_C^ECM-010

INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEETTo Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you mustcomplete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will beused to compilestatistics about the types and numbers ofcases filed. You must complete items 1 through 6 on the sheet. In item 1, you must checkone box for the casetype that best describes the case. If the casefits both a general and a more specific type ofcase listed in item 1,check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause ofaction.To assist you in completing the sheet, examples of the cases that belong under each case type in item 1are provided below. Acoversheet must befiled only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil casemay subject a party,its counsel, or both to sanctionsunder rules2.30and 3.220ofthe California RulesofCourt.To Parties in Rule 3.740 Collections Cases. A"collections case" under rule 3.740 is defined as an action for recovery of moneyowed ina sum statedto be certain that is notmore than$25,000, exclusive of interest and attorney's fees, arising from a transaction inwhich property, services, ormoney was acquired on credit. Acollections case does not include an action seeking the following: (1) tortdamages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ ofattachment. The identification ofa case as a rule 3.740 collections case on this form means that it will be exempt from the generaltime-for-service requirements and case management rules, unless a defendant files a responsive pleading. Arule 3.740 collectionscasewill besubject to the requirements for service and obtaining a judgment in rule 3.740.To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether thecase is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated bycompleting the appropriate boxes in items 1and 2. If a plaintiff designates acase as complex, the cover sheet must be served with thecomplaint on all parties to the action. Adefendant may file and serve no later than the time of its first appearance a joinder in theplaintiffs designation, acounter-designation that the case is not complex, or, if the plaintiff has made no designation, adesignation thatthe case is complex.

CASE TYPES AND EXAMPLESProvisionally Complex CivilLitigation (Cal.Rules of Court Rules 3.400-3.403)

Antitrust/Trade Regulation (03)Construction Defect (10)Claims Involving Mass Tort (40)Securities Litigation (28)Environmental/Toxic Tort (30)Insurance Coverage Claims

(arising from provisionally complexcase typelistedabove) (41)

Enforcement of JudgmentEnforcement of Judgment (20)

Abstract of Judgment (Out ofCounty)

Confession of Judgment (non-domestic relations)

Sister State JudgmentAdministrative Agency Award

(notunpaid taxes)Petition/Certificationof Entry of

Judgmenton Unpaid TaxesOther Enforcement of Judgment

CaseMiscellaneous Civil Complaint

RICO (27)Other Complaint (not specified

above) (42)Declaratory Relief OnlyInjunctive ReliefOnly (non-

harassment)Mechanics LienOther Commercial Complaint

Case (non-tort/non-complex)Other Civil Complaint

(non-tort/non-complex)Miscellaneous Civil Petition

Partnership and CorporateGovernance (21)

Other Petition (not specifiedabove) (43)Civil HarassmentWorkplace ViolenceElder/Dependent Adult

Abuse

Election ContestPetition for Name ChangePetition for Relief From Late

ClaimOther Civil Petition

Page 2 of 2

American LegaiNst, Inc.www. FormsWorkflo w.corrt

SHORT TITLE:

Malone v. Handybook, Inc.CASE NUMBER ^C 5 55 3 67

CIVIL CASE COVER SHEET ADDENDUM AND

STATEMENT OF LOCATION

(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)

This form is required pursuant to Local Rule 2.0 in all new civilcase filings in the Los Angeles Superior Court.

Item I. Check the types of hearing and fill in the estimated length of hearing expected for thiscase:

JURY TRIAL? £3 YES CLASS ACTION? [3 YES LIMITED CASE? |~l YES TIME ESTIMATED FOR TRIAL 7-10 D HOURS/ MDAYS

Item II. Indicate the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to Item III, Pg. 4):

Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for yourcase in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected.

Step 2: Check one Superior Court type ofaction in Column B below which bestdescribes the nature ofthis case.

Step 3: In Column C, circle the reason for the court location choice that applies to the type ofaction you havechecked. For any exception to the court location, see Local Rule 2.0.

Applicable Reasons for Choosing Courthouse Location (see Column C below)

1. Class actions must be filed in the Stanley Mosk Courthouse, central district.2. May be filed in central (other county, or no bodily injury/propertydamage).3. Location where cause of action arose.4. Location where bodily injury, death or damage occurred.5. Location where performance required or defendant resides.

6. Location of property or permanently garaged vehicle.7. Location where petitioner resides.8. Location wherein defendant/respondent functions wholly.9. Location where one or more of the parties reside.

10. Location of Labor Commissioner Office

Step 4: Fill in the information requested on page 4 in Item III; complete Item IV. Sign thedeclaration.

3 O< t=

(•'<

2 •<=0. n— <u

§•-§1'©'*

to' "a>

•MJC It

5°

ACivil Case Cover Sheet

Category No.

BType of Action

(Check only one)

CApplicable Reasons -

See Step 3 Above

Auto (22) O A7100 Motor Vehicle - Personal Injury/Property DamageAA/rongful Death 1., 2.,4.

Uninsured Motorist (46) CD A7110 Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist 1..2..4.

Asbestos (04)(""] A6070 Asbestos Property Damage

l~lA7221 Asbestos -Personal Injury/Wrongful Death

2.

2.

Product Liability (24) O A7260 Product Liability (not asbestos ortoxic/environmental) 1., 2„ 3., 4., 8.

Medical Malpractice (45)O A7210 Medical Malpractice -Physicians &Surgeons

O A7240 Other Professional Health Care Malpractice

1., 4.

1.,4.

OtherPersona! Injury

Property DamageWrongful Death

(23)

• A7250 Premises Liability (e.g., slip and fall)

d] A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g.,assault, vandalism, etc.)

O A7270 Intentional Infliction ofEmotional Distress

C] A7220 Other Personal Injury/Property Damage/Wrongful Death

1„ 4.

1., 4.

1., 3.

1..4.

LACIV 109 (Rev. 03/11)

LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUMAND STATEMENT OF LOCATION

Local Rule 2.0Page 1 of 4

Amcric«» LegtfNet, IncWTO.f'amttWorKF'qw.w"

SHORT TITLE:

Maione v. Handybook, Inc.CASE NUMBER

•5"&~ c<o o

o 5V) —.w m

a. ™

c £o <n

z a

c

E>.o

a

£

T5(0u.

+•*

co

a

p

k>

5

c3


Category No.

BType of Action

(Check only one)


See Step 3 Above

Business Tort (07) C] A6029 Other Commercial/Business Tort (not fraud/breach of contract) 1., 3.

CivilRights (08) C] A6005 Civil Rights/Discrimination 1 , 2.3.

Defamation (13) O A6010 Defamation (slander/libel) 1..2..3.

Fraud (16) O A6013 Fraud (no contract) 1., 2,3.

Professional Negligence (25)(T.A6017 Legal Malpractice

Q A6050 Other Professional Malpractice (not medical orlegal)

1,2,3.

1., 2., 3.

Other (35) O A6025 Other Non-Personal Injury/Property Damage tort 2., 3.

Wrongful Termination (36) • A6037 Wrongful Termination 1., 2., 3.

Other Employment (15)^A6Q24 Other Employment Complaint Case <

C]A6109 Labor Commissioner Appeals

3 2., 3.10.

Breach of Contract/ Warranty(06)

(not insurance)

(T.A6004 Breach ofRental/Lease Contract (not unlawful detainer orwrongfuleviction)

0 A6008 Contract/Warranty Breach -Seller Plaintiff (no fraud/negligence)

0 A6019 Negligent Breach of Contract/Warranty (no fraud)O A6028 Other Breach ofContract/Warranty (not fraud ornegligence)

2„5.

2., 5.

1..2..5.

1., 2., 5.

Collections (09)• A6002 Collections Case-Seller Plaintiff

O A6012 Other Promissory Note/Collections Case

2., 5., 6.

2., 5.

Insurance Coverage (18) C] A6015 Insurance Coverage (not complex) 1,2,5,8.

Other Contract (37)

(T A6009 Contractual Fraud

[~1 A6031 Tortious Interference

O A6027 Other Contract Dispute(not breach/insurance/fraud/negligence)

1., 2., 3., 5.

1., 2., 3., 5.

1., 2., 3., 8.

Eminent Domain/InverseCondemnation (14)

d A7300 Eminent Domain/Condemnation Number ofparcels 2.

Wrongful Eviction (33) LT A6023 Wrongful Eviction Case 2., 6.

Other Real Property (26)

OA6018 Mortgage Foreclosure

DA6032 Quiet Title• A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure)

2,6.

2,6.

2,6.

Unlawful Detainer-Commercial

(31)l~l A6021 Unlawful Detainer-Commercial (notdrugs orwrongful eviction) 2., 6.

Unlawful Detainer-Residential(32)

LT A6020 Unlawful Detainer-Residential (not drugs orwrongful eviction) 2., 6.

Unlawful Detainer-

Post-Foreclosure (34)O A6020F Unlawful Detainer-Post-Foreclosure 2,6.

Unlawful Detainer-Drugs (38) IT A6022 Unlawful Detainer-Drugs 2., 6.

LACIV 109 (Rev. 03/11)

LASC Approved 03-04


Local Rule 2.0

Page 2 of 4Ara«rk»n L«gslNot, Inc.mavw fofmsWorM-'low.com

SHORT TITLE

Malone v. Handybook, Inc.CASE NUMBER

•>

or

T33

en

"£

4)

15.£o

o

c

.2'5'>

o

c C4> o

E £4> O)j£ Tl

J23->

CLU O

in

3 .£O <o

« £

o u.S2-™

o

2 •>

OT >


Category No.

••••'• BType of Action.

(Check only one)


See Step 3 Above

Asset Forfeiture (05) Q A6108 Asset Forfeiture Case 2., 6.

Petition re Arbitration (11) LT3 A6115 Petition toCompel/ConfirmA/acate Arbitration 2„ 5.

Writ of Mandate (02)

[] A6151 Writ -Administrative MandamusLT A6152 Writ - Mandamus on Limited Court Case Matter

D A6153 Writ -Other Limited Court Case Review

2., 8.

2.

2.

Other Judicial Review (39) D A6150 Other Writ/Judicial Review 2., 8.

AntitrustflVade Regulation (03) LT A6003 Antitrust/Trade Regulation 1,2,8.

Construction Defect (10) LTA6007 Construction Defect 1., 2, 3.

Claims Involving Mass Tort(40)

[T, A6006 Claims Involving Mass Tort 1.,2„ 8.

Securities Litigation (28) [U A6035 Securities Litigation Case 1.,2.,8.

Toxic Tort

Environmental (30)(T, A6036 Toxic Tort/Environmental 1., 2,3., 8.

Insurance Coverage Claimsfrom Complex Case (41)

• A6014 Insurance Coverage/Subrogation (complex case only) 1..2, 5., 8.

Enforcementof Judgment (20)

• A6141 Sister State Judgment

(T. A6160 Abstract of JudgmentO A6107 Confession of Judgment (non-domestic relations)• A6140 Administrative Agency Award (not unpaid taxes)

• A6114 Petition/Certificate for Entry ofJudgment on Unpaid Tax

Q A6112 Other Enforcement of Judgment Case

2., 9.

2., 6.

2., 9.

2,8.

2,8.

2., 8., 9.

RICO (27) Q A6033 Racketeering (RICO) Case 1., 2., 8.

Other Complaints(Not Specified Above) (42)

• A6030 Declaratory Relief Only

• A6040 Injunctive Relief Only (not domestic/harassment)

fj] A6011 Other Commercial Complaint Case (non-tort/non-complex)

O A6000 Other Civil Complaint (non-tort/non-complex)

1.,2.,8.

2., 8.

1., 2., 8.

1,2,8.

Partnership CorporationGovernance (21)

C] A6113 Partnership and Corporate Governance Case 2„ 8.

Other Petitions

(Not Specified Above)(43)

(TA6121 Civil Harassment

[T.A6123 Workplace Harassment

Q A6124 Elder/Dependent Adult Abuse Case

(T.A6190 Election Contest

QA6110 Petition for Change ofName

LT A6170 Petition for Relief from Late Claim Law

• A6100 Other Civil Petition

2., 3., 9.

2., 3,9.

2., 3., 9.

2.

2,7.

2., 3,4., 8.

2,9.

LACIV 109 (Rev. 03/11)

LASC Approved 03-04CIVIL CASE COVER SHEET ADDENDUM

AND STATEMENT OF LOCATION

Local Rule 2.0

Page 3 of 4American LcgalNct, Inc.

SHORT TITLE:

Malone v. Handybook, Inc.CASE NUMBER

Item III. Statement ofLocation: Enter theaddressoftheaccident, party's residence or place ofbusiness, performance, orothercircumstance indicated in Item II., Step 3 on Page 1, as theproper reason for filing in thecourt location you selected.

REASON. Check the appropriate boxes for the numbers shownunder Column C for the type of action that you have selected forthis case.

Si. D2. D3. D4. D5. D6. D7. Da. D9. Dio.

CITY:

Los AngelesSTATE:

CAZIP CODE:

90012

AOORESS:

MUST BE FILEDAT STANLEY MOSK COURTHOUSE111 North Hill Street

Item IV. Declaration ofAssignment: Ideclare under penalty of perjury under the laws of the State of California that the foregoing is trueand correct and that the above-entitled matter is properly filed for assignment to the Stanley Mosk courthouse in theCentral District of the Superior Court of California, County of Los Angeles [Code Civ. Proc, §^92)et seq., and Local

Rule 2.0, subds. (b), (c) and (d)|.

Dated: August 21, 2014(SIGNATURE OFATTORNEY/FILING PARTY)

Stephen M. Harris

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLYCOMMENCE YOUR NEW COURT CASE:

1. Original Complaint or Petition.

2. If filing a Complaint, a completed Summons form for issuance by the Clerk.

3. Civil Case Cover Sheet, Judicial Council form CM-010.

4. Civil Case Cover Sheet Addendum and Statement ofLocation form, LACIV 109, LASC Approved 03-04 (Rev.03/11),

5. Payment in full ofthe filing fee, unless fees have been waived.

... 6. Asigned order appointing the Guardian ad Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is a'-"' minor under 18yearsofage will be required by Court in order to issuea summons.Ci'i~ 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 initiating pleading in the case.

LACIV 109 (Rev. 03/11)

LASC Approved 03-04


Local Rule 2.0Page 4 of 4

American LcgslNet, lac

224, 221,226j, 22^jwb-m»o3 512,1194,1194.2, ilfii^.i,^l*98 ......county, pursuant tocode ofcivil...

Documents