GAUNTLETT v. ILLINOIS UNION INSURANCE COMPANY Underlying Lawsuit

8/7/2019 GAUNTLETT v. ILLINOIS UNION INSURANCE COMPANY Underlying Lawsuit

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Case5:11-cv-00455-LHK Document1-2 Filed01/28/11 Page1 of 15

, " ! -- ".'-. 1 ~ K J ) ' l I I h e s . l Esg" BarNo. 210662' ~ ~ 8 'HUG -ClONE APLC. :2. : N ~ Gateway Center(J. '.19800 MacArthur B l " d ~ , -8te. 290.... 3 ' ~ C A 9 2 6 1 2 " ' .' :Tel! ~ / 8 5 1 - 6 3 0 0 4 :'Pax: 949/851-6301

S. .AUorDey.s for Plaintiff,'MAIUJ\M TARZI6 .CONSOLIDATED SUPERIOR COURTS OF CALIFORNIA

COUNTY OF ORANGE - CENTRAL DISTRICTlO:MARlAMTARZI, an individual.1t ' , ' Plaintiff,..12 . v.. ' .13 . D A ~ A. GAUNTLET!, dba14 oAtJm1.ETT & ASSOCIATES, a SoleIS P z 9 P ~ i e t o r s h i p : DOES 1 through 500,

. ~ 1 \ $ i v e

zO . .'l i222:3242S26Z7is

Defendants.

) CaseNo: O'lCC08999) Judge: ... _) ~ ' ( ~ U D G E RANDELL t.WIL1


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Plaintiffalleges:

PAR'flES1. Atall timesherein mentionedp!aintift MARIAM.TARZI (hereiIJaftel:refurred

5 to as "plaintiff') was and is a resident ofthe County of Orange, State ofCalifornia6 2. Defendant. DAV1D A. GAUNnETT (hereinafter referred toas "defendant''),1 .at an times herein mentioned is a married man and a sole proprietor doing bus,iness asS'

. 9 ''GAUNTLETI' & ASSOCIATES" in the county of Orange, State ofCalifornia.1011.t" )

3.AGENCX

Plaintiff is unaware of the true names and capacities, whether corpotate..- ass:iiIte, individual, or otherwise. ofdefendants named as DOES I through X, inclusive.1314 Ptirsuant to Code o!Civil Procedure 474, Plaintiffwi1l seek leave ofcourt to amend dus15 CoziJptaint to sta.te said defendant's true names and capacities when the same have bfien16 ascenruned. Plaintiff is informed and believes and based upon such infonnatiolland belief.17 . .all. that said fictitiously-named defendants are resporulible for the payment ofovertiine18l ' ~ u s a t i o n and/or Labor Code 203 penalties to the P\aintiffby virtue oftheirunlawiful20. practices, and therefore sue thllSe deferulants by such fictitious names. Plaintiffwill a m ~ d 21 this eompJaint to allege the true: names and capacities of the DOE Defendants when2Z aSciMained.2324 '. 4. Plalntiffis infonned andbelieves andupon such infonnation and beliefaUdges25 t h a t D e f e n ~ t , and each ofthem, at aU times herein mentioned were theagents, employees,26 . '" 2 3COMl'LAlNT fOR: I) FAILURE TO PAY OVERTIME WAGES (LAB. CODE, 1194, 1199); 2) YA1LUU TO27 I'AY.WAOES OF TllRMINATEPOR RESIGNBD BMPLOYBES (LAB. CODE, 201-203, 1199); 3) F A I ~ I : J r u ; 28 TO PROVIDE REST BReAKS AND MIlAL. PERIODS (\..ab. Cod! 226.7 & 512); 4) KNOWING AND1N1'ENTIOI'IAL fAILUIUlTO COMPLY WITH ITllMIZED BMPLOYElE WAGS STAT6MI!NT PltOVlstONS

(l.Alt CODE. 226(8; S) VIOLATIONS OF THE UNFAIR COMPETITION LAW (BUS. & PROF. CODE, l'i2OQ.17208); DEMAND fOR JURY TRIAL

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I serv&nlS,jointVerlturers, andlor co-conspirators oftl:teremainingDefendant,and were a c t i n ~ '2'3 In the course and scope ohuch agency, employment, joint venture, and/or conspiracy; that4 'Defendant, and each of them, were doing the things herein alleged, were the actual andlJr5 ostensible agents of the remaining defendants andWere acting within the course and scope61 'o fsaid agency; and that each and everydefendAAt. as aforesaid, when acting as a principalI,wasnegJigent in selecting, hiring, supervising and continuing the employment ofeach arid89 every defendant IlS an agent, employee or joint venturer; and/or that said defendants

)0 appEOVed, supported, participated in, authorized, andlor ratified the acts.111213 , '5 .

FACTSPlaintiffbecame employed by defendant as a file clerk in June of1998. Frdm

14 the'emile!ofber employment, defendant classified her as an "exempt" employee, e a r n i n ~ a15 salary of$3,200. At all times relevant, plaintiff's second line supervisurwasDaVid16 A. Gauntlet! and her first line sllpervisorwas Fiim Administrator, Najwa T. Kruzai.17 In late 2000, in addition to her duties as defendant's file clerk., pJaintiffilS6.1819 given additional job duties in that she began acting lIS defendant GauntJett's persobaliO 'afiistant. As a result of the change in position, plaint\ff's deskWll$ moved to a location

diteetly outside of defendant Gauntlett's office thereby enabling him to monitor ~ h a t 22 , , '23' plaintiff was working On throughout the day. But for her file clerk ,duties, defendant2:4 Gautitlettassigned plaintiff her dailyand weekly list ofprojects to be completed. Some of2S ,ttie, tilsks which, pJaintiff was assigned included, but were not limited to: creating :and26 ,,' 3 '"7' COi\ii'I>LAlNT FOR: I) FAILURE TO PAVO""BRTIMB WMISS (LAB. CODE, tt94. II99); 2) FAILUIUS TO

P ~ T 'IVAGES OF 1'6lWlNATED OR RBSIGNSD EMPLOYEES (LAB. CODE, 201-203, 1199); 3) FAl1.lURli28 1'0 PROVIDE JU!ST BREAKS AND M\!"L PERIOOS (tab. Code 226.7 & 512); 4) J(,NOWlNG VlNDIN't'I1lI'lTlONAL FAILURE TO COMPLY WITH ITEMIZED SMl'LOi'13E WAGE STA1'IlMJlNT PROViSiONS(LAS; CODE, 2215(13; S) VIOLATIONS OF THE UNFAIR COMPETITION l,.AW (BUS. & PI!.OF. COD!;, 172iJO.112Q8); DEMAND FOR JURy TRIAL :-, ,


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Case5:11-cv-00455-LHK Document1-2 Filed01/28/11 Page4 of 15 1 updating new client flIes and indices for those files; updating the fum's calendar entri*2 taking di1tion, transcribing, revisingand proof-reading correspondenceand otherbusineSs34 related :documents; copying, fuxing and mailing correspondence and other business related

i5 :docinnents; drafting, revising andproof-readingpowerpointpresentations;scheduling t r a ~ 1 6 aiTimgen1ents for fu'm staff; perfonning legal reselU'Ch; and compiling exhibits for submissi6n78 to the llOurtS. In assigning these tasks, defendant Gauntlett set forth detailed instructions 'jm9 bow ei.oh one was to be completed. On many occasions, defendant Gauntlett required that

10 plaintiffwork late hours, on holiday and weekends to complete her assigned tasks.11 .: 7. In addition to the tasks set forth above, as part of her "exempt" duties12 deftm1ant Gauntlett assigned plaintiff to: baby-sit his daughter; take his mother to medital1314 appc:iIiitments; drive him to and from the ailport and/or office from his residence; reseatch]5 ' ~ e s for wine, antiques, art lind glass he desired to make as. well as related shippIng16 laWs for areas he 'intended to visit to purchases such items; organize personal files for hlm,11 his Wife, family and friends; translate emaHs so that he could commUnicate with fiunily in1819 fi'an&l; schedule hisDM V and car inspection/repair appointments; xesearch cell phones end20 pfIUIs' for he and his mother; order and picked up his contact lenses; schedule all of'his21niedkal, gym and hair appointments; pickup the fum's grocery supplies and his persdmil22 lundies; seateh for, roount and purchaseframes for his certificates; researchedhis daught&r's2j14 scbtJ;01 calendar and plan his trips accordingly; transcribe his daughter's personal daily2S i i c l t ~ u l e s ; transcribed his Christmas list and description of items to be purchased; located26 .. . 4 ;21 COMl'LAINT fOR: 1) FAILURE TO PAY OVERTlMB WAGES (LAB, CODB, 1194, 1199); 2) I'A1LUl\!'i TOPAYWAGBS OF 'l'llRMINATllD OR RESIGNED I!MPLOYn;S (LAB. COOg, 201-2G3, 1\99); 3) FAll!URE. Tb P'ltOVlDB REST 8RliAKS AND MEAL PEliODS (Lab. Code 22li.1 & S12); 4) KNOWING lAND28 INtENTIONAL FAILURE TO COMPLY WITH ITEMIZED BMPLOYEBWAGB STATllMNT PROViSioNS_ CODE, 226(8); 5) VIOLATIONS OF nIB UNFAIR COMPETITIONLAW (nUS. & PROF. C O P ~ . 1'7200-172.08); IJI!MAND FOR JURY TRJAL


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. , I giftp\lhasesandt:onf\lUledavailabilitytoupdatelist; wrappedms giftpurchases;delivered- .2 rmUl or other documents to his residence; coordinated meals -withhls privatechet; wends and3 '4 fmnily to ensure that the menu selection was acceptable for those who joined him on t r i P ~

- I5 scheduled traveilltTangements for his friends and family; located non-business restauran*6 -and Mots for he, his family and f r i e n ~ , to attend wbile tra.veling; creating travel itinewids7,_ .for he, his family and friends containingmaps, directions, car rental and flight infutmatio*,9 train schedules and Euro-railway schedules. various activities, weather reports.

10 8. As a resultofthe nwnerousand diverse tasksPlaintiffwlISrequired to perfor!n,11. tIY'defendant G.aunt/en, Plaintiff did not take rest periods, often did not take a lunch, &r12 WoUlcieal at her desk. When Plaintiffdid leave the office on a "luneh break," she often s p e ~ t ,14 -thetntirety of her breaks runningpersonal errands for defendant Gauntlett. PlaintiifworkMis oVenbne on adaily basis to meet defendant Gauntlett's demanding needs and deadlines:

9. jPlaintiffhad no decision makingauthority regarding any ofthe finn's polic!es1611tSOrprocedures. She had no managerial authority. Thus she was not involved in the hlrittg,19 d I ~ l i n e (unless, of course, instructed by defendant Gauntlett to send an e-mail to a sM20' mem1>er or attorney reprimanding himlher). reviews, raises or termination d e c i s i ~ n s 21 ~ i n g any of defendant's employees.

10. On May 10,2007, plaintiff provided defendant Gauutlett a letter r e g ~ g 24 wiiaishe reasonably believed to be his choice to mis-classifYher as an "exempt" emplojee.25 _She'r.:questedpayment for her unpaidovertime hours. Wben plaintiff returned to workisbe26 _ 5COMl'LAJNT fOR: I ) FAILURE TO PAY OVERTIME WAGES {LAB. COOl!, 1194, 1-199); 2) FAILURll TO21. PAY'wAGES OF TERMiNATED OR RESIGNED EMPLOYEES (LAB. CODE, 201-203, 1199); 3) FAJliURE...... 'ro'fROV1DE REST BlffiAKS AND MEAL PERIODS (Lab. Code 216.7 &. 512); 4) KNOWING i>.ND.... IN1'I!NTiONAL FAILURE TO


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, . 1 l e a : r n ~ that aU of her stored email communications, over 3000, bad been deleted from h ~ r 2 ' ,'work. Gomputer. Plaintiff immediately brought this to the attention of defendant!s34 TeclID&logy Manager who stated that he knew nothing about the missing documents, Hes lOoked at plaintif'f's computer and did, however, confirm that someone had changed h ~ r

, 6 settinp and deleted ofher stored e-mails. Plaintiff then advised' defendant Gauntlett thiat7f sorn#Orlehad logged into her computer, manipulated the settings and deleted 5 e v e ~ a l 9 1h0USlind a-mails. Defendant Gauntletthad 00 response.

10 11. On May 14, 2007, after no written or verbal response to her demand for11 overtime compensation, Plaintiff gave her resignation. On May 17, 2007, defendlint121314IS

Gauntlett responded to plaintiffs resignation letter, by stating: "Preliminary, I would l i k ~ t o d t h a t the firm absohitely disputes your claim for overtime wages." On May 25, 2007 ~ h e Sent 8.follow up letter again stating that Plaintii'fwas not entitled to overtime wages. .

Hi . . . . . . 12. PlaintiffeStimates that the total number of straight overtime hours worIkd11 betWten August 15,2003 aIld May 14,2007 to be in excess of 1131 hours. Duri!1g this ssbeIS19 iirtteperiod, plaintiff estimates thatthenumber ofhours worked over 1Zin a given work liay20 and/or on legal. holidays to be in excess of 117. Within this time period, plaintiff also21 eiiti'ftiates that the total number ofdays wherein plaintiff was either forced to pennon w'ork2223 .nihtlitd tasksorpersonal ventures for defendantGauntlett during her designated meal periods,24 Of sianply could not take a lunch at all was in excess of 567. Finally. plaintiffestimates (tha.t25 .tIi'C -total number of missed rest breaks was in excess of 1512. To date, and despite: her26.. 6 ,CQMI>LAlNT FOR; I) FAILURE TO pAY OVERTIME WAGES (LAB. coos, 1194, 1199); 2) FAILURE1027 ''''1 WAGES OF TERlNATED OR RESIGNED BMPLOYEES (tAB. CODE, 201-203,1199); 3) FAIIluru;.23 W' l!ROVlDB 'REST BREAKS AND MEAL PERIODS (Lab. Code 226.7 &. 512); 4) KNOWING lANDIl!I1SNTIONAL FAiLURE TO COMPLY WIT ITEMIZED EM'PLOYt!E WAGE STATEMENT PROVIS ONSCODE, 226(8; 5) VIOLATIONS OFTiffi UNFAIR COMPETITION LAW (BUS. &. !'ROF. coDE. 112rJO.17208); DEMAND FOR JURY TRIAL ;


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Case5:11-cv-00455-LHK Document1-2 Filed01/28/11 Page7 of 15 1 denw\ds, plaintiffhas not received any reimbursement for overtime hoUl'S, meal breaks, cit2 milage reimbursement.3 FIRST CAUSE OF ACTIONFailure to Pay Overtime Wages (Lab. Code, l"l94, 1199) ,4.S6, 13. Plalntiff incorporates paragraphs 1 through 12 of this complaint as if fuliy7 alleged herein,8, )4 . During the Liability Period, whioh is defined as four years prior to the filirlg9 ofthi$"complaint, overtime compensation was required, including but not limited to attkr10

11 ~ e t Qr both eight (8) hours of work in one (I ) day or forty (40) hours in one week,12 upon which Wage Order or statute was in effect. Further, the lawful requiremdnt13 tI!at the defendant pay overtime compensation was not subject to a reduction or varidus14 e1Ceeptions, such as an alternative woo.week allowing excessive or non-traditional wclrkIS1617

houns, such as described inLabur Code 51O and 51l, or the applicable Wage Orders., 15. Plaintiffwas a non-exempt employee covered under one or more IndusttiiaJ

~ r n i a regulation and statute, and plaintiffwasnot subject to an exemption for e x e c u t ~ \ r e , 21 aijrnfuistrative and professional employees, which imposed an obligation on the part o f ! ~ e 22 ,~ d a n t to pay the Plaintiff' lawful overtime compensation. As such, Plaintiffis a m e ~ b e r 23 o-(iht class ofpersons for whose protection said statute was enacted liS an employee}md242S 'iletdldant is a member of the class of entities whose wrongful conduct said statute ~ a s 26 727 COMPLAINT FOR: 1) "AlLURE TO PAY OVERTIMEWAOSS (!.AB. CODIl. U 1194. 1199); l) FAILURE TO"PAT WAGES OFTERM1NA"\'ED OR ReSIGNBD EMPLOYEES ( I . . A ~ . CODE, f 201-203, 1199); 3)FAlll'tnul" " , ' TO f,ROVIOO REST BREAKS MlD MEAL l'ERlOOS (Lab. Code lU.7 &. 51l); 4} KNOWING ~ N D as IJIi'I'SNTIONAL FAILURE TO COMPLY WITH l'l'EMIZI!D EMPLOYEE WAGE STATEMeNT PROVIsiONS(lA!l CODB. 2:l6(B); 5) VIOLATIONS OF THE UNFAIR COMl'STlTION LAW (SUS. & PROF. CODE.

1 . ~ - 1 ? 2 0 S ) ; DEMANO FOR JURY TRIAL

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J 1 enacted to prevent as an employer.2 16. By Virtue ofthe conduct set forth inparagraphs 5 through 12 above; defendaht34 \1oJak:a said statute in that plaintiff'primarily performed non-exempt work in excess of ,S trlaximum regular rate hours set by the IWe in the above Wage Orders, regUlations 6r6 statntew.7.s "" 17. As a direct and proximate resultof said statutoI)' violation, P l a i n t i f f s u s t a i n ~ d 9 ewnoitllc damages accor


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1: more 1han 72 hours in provided advance. Labor Code 204 el. seq. states that labpr23 petfonued between the first and

tbe fifteenth days of the month. shall be paid for between4 tile sDtteenth and twenty sixth day of that same month and labor perfor.r;ned between the5 s i ~ and the last day of the month shall be p.i.id between the first and tenth of the6 folloWing month. Labor Code 202 defines the term "wages" to include "all amounts tor1,,;ra..a.- Jlerformed by employees of every description, whether the amount is fixed' or9. .. ~ j n e d by the standard of time, task, piece, commission basis, or other method' of

10 CtdQulatj.on." Labor Code 2DO(a) .includes bonuses as a category ofwages.23. IPlaintiffis a member ofthe class ofpersons for whose protection said statute1112 was


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!1 'J.7. Defendant acted . 'th malice, fraud and oppression toward Plaintiff and with

2 consdous disregard of her r i ~ t s lind Plaintiff isa.ccordlngJy entitled to punitive:. :. ~ l i l r y damages against defendant in sums sufficient to punish him and set an examble5 fa_ofb"__ "'""'6 ' . . mrRD CAUSE OF ACTION7 Failure to Provide Rest Breaks and Meal Periods89 28.

(Lab. Code 226.7 & 512)Plaintiff ineoXl' rate paragrapbs I through 12 of this complaint as if rully

10 allegedherein.11 29. Labor Code 22 .7 provides that "No employer shall require any employeb to: : during any meal orres! period mandated by an applicable order of the IndusJnal14 Commission." Like wise, Labor Code 512 states that "An employer may!not15 . b y an employee f ~ i work period ofmore than five hours p e r ~ d a : y withoutprovidinJ the16

. 17]8 :

,employee with. a meal period fnot less than 3'0 minutes...An employer may not e m p l o ~ anemployee for work period of bm;e than ten hours per-day without providing the e m p l ~ y e e with a second meal period 1f not less thai!'30 minutes. Every employer shall rukheraiidIorize and pennit all emp!byees to take rest periods at the rate often minutes per h o ~ r or

19'20'21:2.223'

fraction thereof.30. Byvirtue ofth conduct set forth inparagraphs 5tlJrough 12 above, defendant

24 ~ t e d said statute in that it ailed or refusedprovide plaintiffwith the rest periods or inea!25 bmiks as statutorily require .2i 10

PLAINT FOR; I) FAlLUll.E Tb PAVOVERTlMEWAOES(LAB. CODE, 1194, 1199); 2) FAILURE TO1.1 p A ~ WAGEs OF TERMINATED diR RF..8laNED EMPLOYEES (LAB. CODE, 201-203, 1199); 3) FAILURE..;t to"JPROV\DE REST BREAKS AND MeAL PllRlODS (lAb. Cod 226.7 &. 512); 4) KNOWfNd AND& ;0 I'KmNTIONAL FAILURE TO COMPLY WITH ITEMIZED EMPLOYE!! WAGE 5TATEMBNT PROVlSlONSCODE. 216(B; 5) VloL.j\nONS OF rilE UNFAIR COMPETITION LAW (BUS. & PROP. cobE.lmo-17208); DEMAND FOR JUH.Y TRIAL :


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Case5:11-cv-00455-LHK Document1-2 Filed01/28/11 Page11 of 15 i1 31. As a direct and pro1(imate result of said violation, plaintiff is entitled2 ' 'IiIatII.tOIy penalties pursuant to Labor Code :5S8 plus statutory penalties equivalent tio3, '. . f4 'paymel1t for an additional hour of pay at plaintiffs' regular rate of compensation for e a ~ h ,5 work day that a rest period was not provided and for each day a meal period was uht6 pi'ovided,

!7 ,:., 32. Defendant acted wIth malice, fraud and oppression toward plaintiffand w i ~ g: , !9 jllOlJSOitlus disregard of his rights and plaintiff is accordingly entitled to punitive Jd

i10 ,exeniplmy damages against defendant in sums sufficient to punish it and set an e1Ullllpie lin. 1I i \liewOf its financial condition. '12

-, 13,141$

FOl.JlITH CAUSE OF ACTIONKnowing and Intentional Failure to Complywith Itemized Employee Wage StatementProvisions (Lab. Code, Z2iJ(B))33.

iPlaintiff incorporate paragraphs 1 through 12 of thls complaint as if tu;lly

t6 '.,,'alICSen herein. 17, ,18 , 34. Labor Code 226 provides that at the time wages are paid. or semimontl}ly,

19, ; ~ ~ e r oCcurs flf8t. every California employer must p r o ~ i d e a statement jdenti1;ying' t b ~ n g ; grosswagos eluned; total hours worked; all deductions made; h01.ll'ly rate orJay;b ~ , ' , I, 22 'netwages earned; inclusive datesofth.e payperiod; name l\nd social security number ofJtbe

i3 emplOyee; name and address of the legal entity which is the employer.24 35. Defendanthaveknowinglyand intentionally failed to complywith Labor O:ode2S seelion 2 2 ~ ( a ) on each and eVery wage statement provided to PlalntUf.26 '11 ;

~ L A l N T FOlt: 1) FAILlJRE TO PAV OVERTIME wAGES (LAS. CODE, 1194, 1199); 2) F A ' L U ~ TO27, PI>YWAOES or TERMINATED OR RESIONED EMPLOYEES (LAB. COPE. 201203. 1199); 3} fAJIlURll.... 'TO PROVIDE REST BREAKS AND MEAL PERIODS (Lab. Code ~ 2 2 ~ 7 & 512); 4) I{NOWTNG lAND.JNTENnONAl. FAILURE TO COMPLY WITH ITEMIZED EMPLOYlSB WAOll STAtEMENT PROVISiONSCODE, 'Zi6(B; S) VIOLATIONS OF THE UNfAIR COMPETITION LAW (BUS. &. PROF. COD!;' 1noo..l7203); DEMAWD FOR JURY 'fRIAL iI

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- I I, 36. As a direct and pro){imate result of said violation, Plaintiff is entitledito2 ;: ,i ':r !!ItatutGlYpenalties, each in the amount of$250 for the initial violation and $1,000 for eath4 i~ l a t i o n occurring iliereafter pursuant to Labor Code 226.3 plus statutory penalties in

I, " 'S of$4-,000 pursuant to Labor Code 226.6' : 37. Plaintiff is further entitled to an award ofstatutorY attorney's fees and c o ~ t s 7: . ' !":: !pumumt to Lab. Code 226.8", 'y; ., 38. Defendant acted wiili malice, fraud and oppression toward Plaintiffand ~ i t l I

10' :,conscioUs disregard of her rights and PJaintlff is accordingly entitled to punitive1112131415/15i11!18/1 ~ ! 2Qi'

iexemplary damages against defendant in sums sufficient to punish him ami setan cxmdpleh r ' Y i ~ w ofltis financial condition.

FIFTH CAUSE OF ACTIONViolations ufilie Unfair Competition Law(Bus. & Prof. Code, 17200-17208)39. Plamtiff incorporate paragraphs] thwugb 12 oftltis complaint as if ~ l I y

BlieIed herein. i40. Section 17200 ofthe CaliforniaBusiness and Professions Codeprohibitsl anyWuawful, unfair or fraudulent business act orpractice.2t !.. .' 41. By virtue ofilie conductsetfortb in paragraphs 5 through 12 above, D e f e ~ a n t '_cd in an unlawful, unfait and fraudulent business practice in v i o l a t i o n o f C l l l i f ~ m l a .,24: Business and ProfessiOns Code 17200.

2 ~ : Iiiz.: ,12 i.. COMPLAIN1' POR: 1JFA IJ.,URE TO Pi\.YOVERTIME WAGES (UB. CODB, 1194, 1199); 2} FAILURE TO2 ~ ' : PAy. WAGES onJ;:RMtNATED OR RESIGNED EMPLOYEES (LAB. CODE, 20 1-203, 1199); 3) I'AriLU/lE, T(), PROVIDE REST BREAKS AND MEAL PERIODS (Ls.b. CQde 226.7 &. 512); 4} !


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1 . 42. By virrueofthe conduct set forth in paragraphs 5through 12 above, d e f e n ~ a n t 2 : engated in policies and pl:3ctices that have hanned Plaintiff, as well as the general p u b l i ~ i n 3 .. ,4 : ~ t h e failure to pay lawful overtime pay compensation to Plaintiff, and timely paYi allis. ovenime compensation due upon termination ofp(aintiff's employment and to keep p r ~ p e r 6' rec:aEtls as alleged herein, constitutes an unlawful and unfair business practice withinithe. ,7' . .:"mearung ofBusiness and Professions Code 17200, et seq. including but not limited a9. violation ofilie applicabJe State ofCalifornia Industrial Welfare Commission Wage Or4eis,

10 . a t i ons and statutes, or is oilie;wise a pl:3ctice which is otherWise unfair and unlavffill,11 inclUding that the defendant did Dot pay tax contributions on the accrued overtime12.; . . icOitlPensation in the fonn ofFICA, Social Security, MedicareandUnemploymentIns\Jl'lI.!lce.d ..14 43. 'This cause ofaction is broughtas a cumulatiV'eremedyas provided in Busihess!15 aridProfessions Code 11205, and is intended as an alternative remedy for r e s t i t u t l o ~ for

ptailltiff for the time period, or any portion thereof, conunencing within four (4) years prior11! 'I t6"tJk filing of this complaint, and as the primary remedy for plaintiff for the time peridd of191 tbe:rourth year prior to the filing ofthis complaint.

20! 44 . . IAs a result ofilie Defendant's unlawfUl and unfair business practiceof ~ l l n g . 21: to fi8y overtime and prompt payment ofwages in violation of California's Labor Jaws,lilg: Pl'liintiff suffered loss ofwages and is entitled to restitutionin an amount according to ph,of.241

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Plaintiffls also entitled to an award ofreasonableattomeys' fees pU1S1ldnt toi45.Ci!1iforniaCode of Civil Procedure 102L5.,. 13 i~ P L A J 1 ' l T !lOR: l) l'AILURB'TOPAV OVERTIME WAOES (LAB. CODE, 1194, 1199); 2)FAILURETOfA'" WAGES 01' TERMINATED OR RESIGNED EMPLOYEES (LAB. coos, 201.203, 1199); 3) FAiLURE'i'Q\'PROVIDE REST BReAKS .ANDMBAL PeRlODS (L3b. Code ' : 2 2 ~ . 1 II< 512); 4) KNowrnd ANP!Ntan'IONAL FAILURE TO COMPLY WITH ITEMIZED EMPLOYEE WAOE STATEMENT PI\.OVISIONS(fiiJ3. CODE, 220(9; S) VIOLATIONS OF THE UNFAIR COMPETmON I.AW (BUS. & PROF. COPE. lmomOS); DEMAND fOR JURY TRIAL i


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. ..-i1 ' : ~ O R E , plaintiff prays judgement against both defendant as follows:2 d34. . iS ~ . ~ 6 ;..:>7 ).,;a ,.=,.9 !

10 l : ~ .',!11 I1213 ,14 iISHi17131920,21. III22i3 III24' III25' III

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As to the First. Second and Fourth Causes of Action Only:1. For economic damages, according to proof;2. For statutory penalties;3. For statutory attorney's fees;4. For prejudgment interest;5. For cost ofsuit; and6. For punitive damages .As to the Third Cause ofAction Only:L For statutory penalties;2. For cost of suit; and3. For punitive damages.As to the Fifth Cause ofActi,on Only:1. Restitutionary damages;2. Reasonable attorneys' fees and costs of this action; and3. For prejudgment interest.

. . . '. 14COiiiAINT FOR: I} FAlWRETO PAY OVERTIME WAGES (LAB. CODE, 1194, 1199); 2) FAILtiRB TOPAY WAGES OF TERMINATED OR RESIGNED BMPLOYllBS (LAB. CODE, 2 0 1 . 2 0 ~ , 1199); 3) FAILlJRB1'0 "ROVIDE REST BREAI


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As to All Causes ofAction:1. Any additional relief the CQlIrt deems proper.

g; ,.I>llted: August 15,2007 By:9.

DEMAND FQR JURYTRIAL

r Plaintiff .10I t12131415 . . Plaintiff, MARIAM TA.RZI does hereby demand trial of her claims by jury to the16 ex1erIt a u t h o r l ~ d by law.11

: : .-1819itl .Dated: August 15, 20072122232425

By:

26 . ~ . . . 15

HUGHES-ClONE, APLC

.. COJIW>LAINTFOJ\.} 1) PAlLURE TO PAY OVERTIME WAGES (LAB. COOS. 1194. \199); 2) FA1WR TO27 PltY.'JIAOES OfTERMiNA'fEO OR RESIGNED EMPLOYEES (LAB. CODE, 201-203, 1199); l) FAlLUKI!2$ 10 fRaVIDB REST BREAKS AND Ji.lBAI. PElUQDS (Lab. CDde 2l6.1 8< 512); 4) KNOWll-jG AND

. . .

.;, .,

INTI!NTIONAL fAILUJl:E TO COMPLY WITH ITEMIZED EMPLOYEll WAGE STATEMENT PROVISIONS(J...A8. CODE, 226(8)); VIOLATIONS OF nJEUNJ'AIRCOMl'ETITlON LAW (Sus. & PROF. CODE, .1'1200-17208); DEMAND FOR JURY TRIAL

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GAUNTLETT v. ILLINOIS UNION INSURANCE COMPANY Underlying Lawsuit