Jan Hubner Bc 591877

1 Keith A. Fink, Bar No. 146841Sarah E. Hernandez, Bar No. 206305

2 Jennifer H. Yeung, Bar No. 280819 CO1FORIvIj 1. rFINK & STEINBERG OF ORIGINAL FILED3 Attorneys at Law To Ancl ini-r (.t11500 Olympic Boulevard, Suite 316

4 Los Angeles, California 90064 AUG 1 9 2015Telephone: (310) 268-0780

5 Facsimile: (310) 268-0790 Shorn R. Carter, Executive Officer/ClerkBy: Moses Soto, Deputy

6 Attorneys for PlaintiffJAN WILLEM HUBNER

7

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 COUNTY OF LOS ANGELES- CENTRAL DISTRICT

10 JAN WILLEM HUBNER, an individual; CASE NO. BC 591 8 7 711 Plaintiff, COMPLAINT FOR DAMAGES FOR:12 vs.

1. WRONGFUL TERMINATION IN13 VIOLATION OF PUBLIC POLICY

AMERICAN APPAREL, INC., a2. VIOLATION OF LABOR CODE 1102.514 Delaware corporation; AMERICAN

_____________

APPAREL RETAIL, INC., a California 3. VIOLATION OF LABOR CODE 201, ET SEQ.15 corporation; AMERICAN APPAREL(USA), LLC, a California limited liability 4. VIOLATION OF LABOR CODE 203, ET SEQ16 company; AMERICAN APPARELMANUFACTURING, INC., a California 5. VIOLATION OF LABOR CODE 204(A),

17 corporation; AMERICAN APPAREL ET SEQ.GROUP, a Delaware corporation;

18 AMERICAN APPAREL 6. VIOLATION OF LABOR CODE 226CORPORATION, a Delaware 7. VIOLATION OF BUSINESS & PROFESSIONS19 corporation; and DOES 1 to 100, inclusive, CODE 17200, ET SEQ.

20Defendants. [JURY TRIAL DEMANDED]21

22

_______________________________________

23 PlaintiffJAN WILLEM HUBNER hereby alleges as follows:

24 VENUE AND PARTIES

25 1. PlaintiffJAN WILLEM HUBNER (PLAINTIFF and/or HUBNER) is, and at all times26 relevant hereto was, a resident of the County of Los Angeles, State of California.

27 2. PLAINTIFF is informed and believes, and thereon alleges, that Defendant AMERICAN

28 APPAREL, INC. (AMERICAN APPAREL and/or DEFENDANTS) is, and at all times

1PLAINTIFFS COMPLAINT FOR DAMAGES

1. relevant hereto was, a Delaware corporation doing substantial business in the County of Los

2 Angeles, State of California.

3 3. PLAINTIFF is informed and believes, and thereon alleges that Defendant AMERICAN

4 APPAREL RETAIL, INC. (AMERICAN APPAREL and/or DEFENDANTS) is, and at5 all times relevant hereto was, a California corporation, doing substantial business in the County

6 of Los Angeles, State of California.


8 APPAREL (USA), LLC (AMERICAN APPAREL and/or DEFENDANTS) is, and at all9 times relevant hereto was, a California limited liability company, doing substantial business in the

10 County of Los Angeles, State of California.


12 APPAREL MANUFACTURING, INC. (AMERICAN APPAREL and/or13 DEFENDANTS) is, and at all times relevant hereto was, a California corporation, doing14 substantial business in the County of Los Angeles, State of California.

15 6. PLAINTIFF is informed and believes, and thereon alleges that Defendant AIVIERICAN

16 APPAREL GROUP (AMERICAN APPAREL and/or DEFENDANTS) is, and at all17 times relevant hereto was, a Delaware corporation, doing substantial business in the County of

18 Los Angeles, State of California.


20 APPAREL CORPORATION (AMERICAN APPAREL and/or DEFENDANTS) is, and21 at all times relevant hereto was, a Delaware corporation, doing substantial business in the

22 County of Los Angeles, State of California.

23 8. PLAINTIFF is informed and believes, and thereon alleges that AMERICAN APPAREL, INC.,

24 AMERICAN APPAREL RETAIL, INC., AMERICAN APPAREL (USA), LLC, AMERICAN25 APPAREL MANUFACTURING, INC., AMERICAN APPAREL GROUP, and AMERICAN

26 APPAREL CORPORATION were joint employers of PLAINTIFF. AMERICAN APPAREL,27 INC., AMERICAN APPAREL RETAIL, INC., AMERICAN APPAREL (USA), LLC,28 AMERICAN APPAREL MANUFACTURING, INC., AMERICAN APPAREL GROUP, and


1 AMERICAN APPAREL CORPORATION hired employees jointly, including PLAINTIFF,2 controlled PLAINTIFFS and other employees work assignments, and paid PLAINTIFFS

3 and other employees wages. Therefore, these entities were at all times joint employers of4 PLAINTIFF.

5 9. PLAINTIFF is unaware of the true names and capacities, whether individual, corporate,

6 associated or otherwise, of Defendants DOES 1 through 100 (DOES and/or7 DEFENDANT DOE) inclusive, and therefore sues said Does by such fictitious names.8 PLAINTIFF will seek leave of Court to amend this Complaint to show the true names and

9 capacities of such DOES when the same has been ascertained. PLAINTIFF is informed and

10 believes, and thereon alleges that each of the fictitiously named Defendants is responsible to

11 PLAINTIFF for the injuries suffered and alleged herein, or is subject to the jurisdiction of the12 Court as a necessary party for the relief herein requested.

13 10. PLAINTIFF is informed and believes, and thereon alleges that AMERICAN APPAREL, INC.,

14 AMERICAN APPAREL RETAIL, INC., AMERICAN APPAREL (USA), LLC, AMERICAN15 APPAREL MANUFACTURING, INC., AMERICAN APPAREL GROUP, and AMERICAN

16 APPAREL CORPORATION are alter-egos of one another because there is such a unity of

17 interest and ownership that their separate corporate personalities are merged so that one

18 corporation is a mere adjunct of another and the companies form a single enterprise.19 PLAINTIFF further alleges that AMERICAN APPAREL, INC., AMERICAN APPAREL

20 RETAIL, INC., AMERICAN APPAREL (USA), LLC, AMERICAN APPAREL21 MANUFACTURING, INC., AMERICAN APPAREL GROUP, and AMERICAN APPAREL

22 CORPORATION commingled their finds and other assets, failed to segregate the funds of the

23 separate entities, allowed the diversion of corporate funds or assets to non-corporate uses,

24 failed to maintain corporate minutes, failed to maintain adequate corporate records, failed to

25 adhere to corporate formalities, failed to conduct transactions by and between one another at

26 arms length, used the same offices and/or business locations, employed the same or largely the

27 same employees, and/or failed to adequately capitalize some or all of the corporations.

28


1 11. PLAINTIFF is informed, believes, and thereon alleges that each DEFENDANT and DOE is

2 now, and was at all times mentioned herein, the agent, principal, partner, officer, joint3 venturer, employee or alter ego of the remaining DEFENDANTS and DOES, and that all of

4 the acts and conduct alleged herein were performed within the course and scope and in the

5 furtherance of such agency, partnership, joint venture, employment or alter ego relationship.6 12. Venue is properly laid in this Court in that the claims and injuries occurred in the County of7 Los Angeles.

8

9 GENERAL ALLEGATIONS

10 13. HUBNER re-alleges and incorporates herein by reference, as though set forth in full herein,

11 and every allegation contained in Paragraphs 1 through 12, inclusive.

12

13 Hubner s Excellent Job Performance

14 14. In or around January 2006, HUBNER was hired by AMERICAN APPAREL as a Sales

15 Associate for one of its European stores. During his tenure in Europe, HUBNER excelled at

16 his position and earned a promotion to the position of Merchandiser. HUBNER also worked

17 as a Store Manager for A1VIERICAN APPAREL, and his duties eventually included

18 overseeing the opening of new AMERICAN APPAREL stores throughout Europe.

19 15. Due to HUBNERS stellar performance and significant contributions, in or around

20 16. August 2009, AMERICAN APPAREL promoted him to Brand Manager and relocated him

21 to the United States.

22 17. As Brand Manager, HUBNER reported directly to the Chief Executive Officer

23 18. (CEO), DOV CHARNEY (CHARNEY), and was responsible for, but not limited to,24 overseeing the brand practices for AMERICAN APPAREL, as well as merchandising,

25 hiring/recruiting, brand visuals and looks, and product development.

26 19. In or around April 2011, again due to his excellent job performance, HUBNER received27 another promotion to the position of Director of Retail Standards and Store Compliance

28 (Director) which entailed him overseeing two hundred fifty stores (250) stores


1 internationally to ensure compliance of AMERICAN APPARELS then high standards for

2 their merchandise and physical stores.

3

4 Hubners Compensation

5 20. HUBNER, as Director, was to receive a One Hundred Thousand Dollar ($100,000.00) salary6 per year, and entitled to yearly bonuses, some of which would be awarded in stock packages. He

7 also was entitled to three (3) weeks of paid vacation per year.8 21. As Director, HUBNER excelled at his position and was awarded bonuses due to his

9 performance for each of the years he was in that position.

10 22. AMERICAN APPARELS practices and policies, involved grossing up the amount of bonus

11 monies awarded to an employee, including HUBNER, so that his or her net bonus would be an

12 exact amount.

13 23. Due to his exemplary performance, in or around January 2014, HUBNER was awarded a

14 grossed up bonus that was to result in a bonus in the net amount of Twenty Five Thousand

15 Dollars ($25,000) in the form of a stock package. However, HUBNER never received this16 package.

17 24. In or around April 2014, HUBNER was awarded another grossed up bonus that was to result in

18 a net amount of Fifty Thousand Dollars ($50,000) in the form of a stock package, which again19 he never received.

20

21 Hubners Wrongful Termination

22 25. On or around, March 19, 2015, HUBNER complained to PAULA SCHNEIDER

23 (SCHNEIDER), the then newly instituted Chief Executive Officer (CEO) of24 AMERICAN APPAREL, that he had not been paid his bonus monies and/or stock packages.

25 26. Despite HUBNERS complaint regarding his unpaid earned bonus monies and/or stock

26 packages, SCHNEIDER did not take any action to arrange for the payment of HUBNERS

27 delinquent bonus monies and/or stock packages.

28 27. On or about April 10, 2015, a mere twenty-two (22) days after he complained to SCHNEIDER


1 regarding his unpaid bonus monies and/or stock packages with SCHNEIDER, HUBNER was2 terminated without cause and without any warning, despite a lack of any previous discipline3 throughout his approximately nine (9) years of employment, and in retaliation for his4 complaints and/or to avoid payment of his earned wages. SCHNEIDER, to whom HUBNER5 had directly reported, refused to confer with HUBNER regarding his abrupt termination.6 28. During his employment, HUBNER only took one (1) week of vacation in or around April 2014,7 from the time he was first promoted to Brand Manager in 2009 until the time of his8 termination.

9 29. At the time of HUBNERS termination, HUBNER was not compensated for his vested unused10 vacation.

11 30. Upon information and belief, SCHNEIDER, CRAIG SIMMONS (SIMMONS), the Chief12 Human Resources Manager, and others, are fully aware of AMERICAN APPARELS written13 policy to pay out unused accrued vacation time, but have purposefully engaged in a pattern and14 practice of failing to, and refusing to compensate for unused vacation time, pursuant to the15 company policy.

16

17 FIRST CAUSE OF ACTION

18 WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY19 (Against All DEFENDANTS and DOES 1 to 100)20 31. HUBNER re-alleges and incorporates herein by reference, as though set forth in full herein,21 and every allegation contained in Paragraphs 1 through 30, inclusive.

22 32. It is the well-established policy of the State of California by and through its statutory and23 common laws, including but not limited to: the California Constitution, Article I, 8, Business24 and Professions Code 17200, et and Civil Code 1770, et and Labor Code as25 identified herein, that it is intolerable and unlawful for an employer to bar or to discharge a26 person from employment or to discriminate against the person in compensation and/or in27 terms, conditions, or privileges of employment in retaliation for opposing an unlawful practice28 or participating in a protected activity. California also has a fundamental, substantial, and

6

__________________________

PLAINTIFFS COMPLAINT FOR DAMAGES

1 well-established public policy against retaliating against an employee for internally raising

2 concerns related to unlawful activities, including failure to pay earned bonuses and/or wages.

3 (See, e.g., Labor Code 1102.5).4 33. In contravention of these policies, HUBNER is informed, believes and thereon alleges that

5 DEFENDANTS retaliated against him, and terminated him because of his complaint(s)6 regarding AMERICAN APPARELS failure to pay his earned bonus monies and/or stock

7 packages, and/or in order to avoid payment of his earned wages.

8 34. DEFENDANTS actions described herein above were in violation of established public policy

9 against termination for participating in a protected activity, such as complaining about

10 DEFENDANTS failure to properly and timely compensate him pursuant to the law and their

11 own policies.

12 35. The conduct, statements and acts described herein were an ongoing part of a continuing

13 scheme and course of conduct. DEFENDANTS were aware of the substance of the

14 above-described facts and circumstances and ratified the wrongs and injuries mentioned herein15 when it was their ability to prevent, remedy and/or correct these wrongs.

16 36. DEFENDANTS have continued to ratifr and have refused to remedy or correct the

17 aforementioned conduct during and/or since HUBNERS employment, notwithstanding the

18 fact that they knew or reasonably should have known of the conduct and its unlawfulness.

19 37. As a direct and proximate result of the aforementioned violations of statute and public policy,

20 HUBNER has suffered and will continue to suffer:

21 a. A substantial reduction in past and current income, and future income

22 potential in sums as may be shown according to proof;

23 b. A substantial injury and damage to his occupation and professional reputation24 in a sum as may be shown according to proof;

25 c. A substantial reduction in loss of work-related benefits; and

26 d. Extreme humiliation, embarrassment, depression, sleeplessness, emotional

27 pain, emotional distress which culminated in physical injury and bodily injury,28 suffering, mental anguish, inconvenience, loss of enjoyment of life, and other


1 losses from the date of said acts all to HUBNERS damage in a sum as may be

2 shown according to proof.

3 38. The amount of HUBNERS damages is not presently known but he will seek leave of Court to

4 amend this Complaint when the exact amount of such damages has been ascertained or will

5 prove the same at trial.

6 39. The above-recited actions of DEFENDANTS were done with malice, fraud, or oppression, and

7 reckless disregard of HUBNER S rights. DEFENDANTS engaged in their offensive conduct

8 despite their awareness of the effect on HUBNER. As a result of these and other actions,

9 HUBNER is entitled to an award of punitive damages.

10

II SECOND CAUSE OF ACTION

12 VIOLATION OF LABOR CODE 1102.513 (Against ALL DEFENDANTS AND DOES 1 TO 100)14 40. HUBNER re-alleges and incorporates herein by reference, as though set forth in full herein,


16 41. California Labor Code 1102.5 provides, in part, that an employer may not retaliate against an17 employee for disclosing information, or because the employer believes that the employee

18 disclosed or may disclose information, to a government or law enforcement agency, to a person

19 with authority over the employee or another employee who has the authority to investigate,

20 discover, or correct the violation or noncompliance...

21 42. HUBNER reasonably believed in, and complained of DEFENDANTS illegal failure to pay his

22 earned bonus monies and/or stock packages to SCHNEIDER, his direct supervisor, and CEO

23 of AMERICAN APPAREL.

24 43. HUBNER is informed and believes and thereon alleges that DEFENDANTS did willfully

25 retaliate against him for engaging in the acts alleged herein by terminating his employment, due

26 to their belief that he would report DEFENDANTS to governmental agencies.

27 44. DEFENDANTS termination of HUBNER has caused him economic and noneconomic harm

28 in an amount to be proven at trial, but which are in excess of the minimum jurisdiction of this


1 court. HUBNER S damages include, but are not limited to, loss of earnings and benefits.

2 45. DEFENDANTS violations subject them to civil penalties of Ten Thousand Dollars ($10,000)3 per violation.

4 46. HUBNER will seek attorneys fees and costs to the extent permitted by any applicable statutes

5 and provisions of the Labor Code.

6

7 THIRD CAUSE OF ACTION

8 VIOLATION OF LABOR CODE 201, et q9 (Against ALL DEFENDANTS and DOES 1-100)



12 48. When DEFENDANTS unlawfully terminated HUBNERS employment on April 10, 2015

13 they failed to pay him all wages due and owing at the time of his termination, including but not

14 necessarily limited to compensation for his earned, unused vacation time, and earned bonus

15 monies and/or stock packages.

16 49. Pursuant to Labor Code 201, it is unlawful for an employer to willfully fail to pay an employee17 earned wages and/or bonuses, vacation pay, and benefits due and unpaid at the time of

18 termination. DEFENDANTS failed to pay HUBNER his wages and/or bonuses and vacation

19 pay, and/or benefits earned and unpaid at the time of his termination.

20 50. HUBNER will seek attorneys fees incurred in prosecuting this action under Labor Code 21 203, 218.5, and/or 1194, et or any other applicable sections.

22

23 FOURTH CAUSE OF ACTION

24 VIOLATION OF LABOR CODE 203, etq25 (Against ALL DEFENDANTS and DOES 1-100)26 51. HUBNER re-alleges and incorporates herein by reference, as though set forth in full herein,


28 52. DEFENDANTS failed to pay HUBNER all of his wages due and owing at the time of his


termination. Pursuant to Labor Code 203, if an employer willfully fails to pay an employee2 who is discharged his or her wages then the wages of the employee shall continue as a penalty

3 from the due date thereof at the same rate until paid...

4 53. DEFENDANTS have continuously and willfully failed to pay HUBNER his due and unpaid

5 wages. More than thirty (30) days have past since HUBNER was terminated by6 DEFENDANTS, yet all of his wages have still not been paid to him.

7 54. As a consequence of DEFENDANTS willful conduct in not paying HUBNER all wages due

8 upon termination, he is entitled to thirty (30) days of wages as penalty wages under Labor Code9 203, together with interest thereon.

10 55. HUBNER will seek attorneys fees incurred in prosecuting this action under Labor Code 11 203, 218.5, and/or 1194, et or any other applicable sections.

12

13 FIFTH CAUSE OF ACTION

14 VIOLATION OF LABOR CODE 204(a)15 [Failure to Pay Earned Bonus]16 (Against ALL DEFENDANTS and DOES 1-100)17 56. HUBNER re-alleges and incorporates herein by reference, as though set forth in full herein,


19 57. DEFENDANTS conduct is in violation of Labor Code 204(a) which provides that all wages20 earned by a person during their employment are due and payable twice a month on the regular

21 paydays as designated in advance by the employer, and such wages include bonuses.

22 58. During HUBNERS employment with DEFENDANTS, he earned monetary bonuses based on

23 his job performance. Plaintiff performed all duties necessary to earning this bonus, and24 DEFENDANTS terminated him prior to paying HUBNER all of his earned bonus monies,

25 despite his previous requests for said payment. Upon information and belief, DEFENDANTS

26 terminated HUBNER, in retaliation for engaging in protected activity and also to avoid paying

27 earned bonuses.

28 59. The exact amount of bonus monies earned by HUBNER is unknown, but is a minimum of


1 Seventy Five Thousand Dollars ($75,000.00) of net bonus monies and/or stock packages.2 HUBNER will seek leave of the Court to include such monies in his damages calculation, and

3 to amend this Complaint, as necessary.

4 60. As such, HUBNER is entitled to receive from DEFENDANTS the full amount of any earned

5 bonus monies, and well as interest until paid in full.

6

7 SIXTH CAUSE OF ACTION

8 VIOLATION OF LABOR CODE 226 Ct g9 (Against ALL DEFENDANTS and DOES 1-100)



12 62. Pursuant to Labor Code 226 et an employer is required to provide accurate wage13 statements in writing, which includes a wage statement reflecting HUBNERS earned bonus

14 monies which were never paid, and accrued and earned vacation pay.

15 63. During his employment with DEFENDANTS, they failed to provide an accurate accounting of

16 HUBNERS earned monies and failed to pay same.

17 64. As a result of the conduct of DEFENDANTS and DOES, HUBNER sustained damages and is

18 entitled to additional pay in an amount to be determined and presented at the time of trial, and

19 at a minimum in a combined excess of the jurisdiction of the Superior Court and Plaintiff is20 entitled to damages pursuant to Labor Code 226.7.21 65. HUBNER will seek attorneys fees incurred in prosecuting this action under Labor Code 22 1194 et and any other applicable code sections.

23

24 SEVENTH CAUSE OF ACTION

25 VIOLATION OF BUSINESS & PROFESSIONS CODE 17200, et q26 (Against ALL DEFENDANTS and DOES 1-100)27 66. HUBNER re-alleges and incorporates herein by reference, as though set forth in full herein,



1 67. California Business and Professions Code 17200, et q, provides that unfair competition2 shall mean and include all unlawful, unfair or fraudulent business act or practices and unfair,

3 deceptive, untrue or misleading advertising.

4 68. PLAINTIFF is informed and believe and thereon alleges that DEFENDANTS have engaged in

5 unfair competition in violation of California Business and Professions Code 17200, et q, by6 maintaining a workplace rife with retaliation and violations of established California public

7 policy including but not limited to the following: California Constitution, Article I, 8, Civil8 Code 1770, et and the above-referenced California Labor Code provisions. The9 maintenance of such unfair business practices allows DEFENDANTS to maintain an unfair

10 advantage over other companies that comply with established California laws and the public

11 policy of the state of California, and personally harmed and injured monetarily or otherwise,12 PLAINTIFF.

13 69. DEFENDANTS fall within the definition of person as set forth at Business and Professions

14 Code 17203 and 17506.15 70. The unlawful, unfair, and fraudulent business practices of DEFENDANTS described above

16 present a continuing threat to members of the public in that DEFENDANTS have or will soon

17 engage in the conduct described above and members of the public are likely to be deceived

18 when they pursue or gain employment with DEFENDANTS. Pursuant to California Business

19 and Professions Code 17203, PLAINTIFF seeks an order from this Court that:20 71. Provides injunctive and declaratory relief finding that DEFENDANTS have violated the21 provisions of California Business and Professions Code 17200, et q; and22 72. For an order enjoining DEFENDANTS and their respective successors, agents, servants,23 officers, directors, employees, and all other persons acting in concert with them, directly or

24 indirectly, from engaging in conduct which violates California Business and Professions Code 25 17200,etq

26 /27 /28 /


1 PRAYER FOR RELIEF

2 WHEREFORE, PLAINTIFF prays for judgment against DEFENDANTS, and each of them,3 as follows:

4 1. For general, special, actual, compensatory and/or nominal damages, including prejudgment5 interest, in an amount to be determined at trial, but no less than five hundred thousand

6 dollars ($500,000.00);7 2. For lost salary, both front and back pay, unpaid wages, bonuses, stock entitlements,

8 vacation pay, severance pay and any other benefits to which PLAINTIFF would have

9 been entitled to by reason of his employment with defendants, according to proof, but no

10 less than five hundred thousand dollars ($500,000.00);11 3. For punitive damages in an amount to be determined at trial sufficient to punish penalize

12 and/or deter DEFENDANTS, and each of them, from further engaging in the conduct

13 described herein, and to deter others from engaging in the same or similar acts;

14 4. For appropriate civil and statutory penalties;

15 5. For restitution and/or disgorgement of all ill-gotten gains (on the Seventh Cause of Action16 only);17 6. For preliminary and permanent injunction against DEFENDANTS from the acts of unfair18 competition as described in the Seventh Cause of Action;

19 7. For reasonable costs and attorneys fees where appropriate;

20 8. For pre- and postjudgment interest on all damages and other relief awarded herein from all21 entities against whom such relief may be properly awarded; and

22 9. For all such other relief as this Court deems just and appropriate.23

24 Dated: August 19, 2015 FINK & STEINBERG

25

26 By: 7 4Keith A. Fink27 Sarah E. HernandezJennifer H. Yeung28 Attorneys for PlaintiffJAN WILLEM HUBNER


FOR COURT USE ONLYCM-O1 0ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address).Jennifer H. Yeung SBN 280819

Fink & Steinberg11500 Olympic Boulevard, Suite 316Los Angeles, California 90064

TELEPHONE NO.. (310) 268-078Q FAX NO. (310) 268-0790ATTORNEY FOR (Name): 1aintiff Jan Willem Hubner

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los AngelesSTREET ADDRESS: 111 North Hill StreetMAIUNG ADDRESS: 111 North Hill Street

C1TYANDZIPCODE: Los Angeles, California 90012BRANCH NAME: Central District

CASE NAME:Hubner v. American Apparel, Inc., et al.

CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:Unlimited El Limited El Counter El Joinder BC 5 9 1 8 7 7(Amount (Amountdemanded demanded is Filed with first appearance by defendant JUDGEexceeds $25000) $25,000 or less) (Cal. Rules of Court, rule 3402) DEPT:

Items 16 below must be completed (see instructions on page 2).1 Check one box below for the case type that best describes this case:

Auto Tort Contract Provisionally Complex Civil LitigationEl Auto (22) El Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.4003.403)El Uninsured motorist (46) El Rule 3.740 collections (09) El Antitrust/Trade regulation (03)Other Pl/PDIWD (Personal InjurylProperty El Other collections (09) El Construction defect (10)DamagelWrongful Death) Tort El Insurance coverage (18) El Mass tort (40)El Asbestos (04) El Other contract (37) El Securities litigation (28)El Product liability (24) Real Property El Environmental/Toxic tort (30)El Medical malpractice (45) El Eminent domain/Inverse El Insurance coverage claims arising from theEl Other PI/PDIrND (23) condemnation (14) above listed provisionally complex caseNon-PIIPD/WD (Other) Tort El Wrongful eviction (33) types (41)El Business tort/unfair business practice (07) El Other real property (26) Enforcement of JudgmentEl Civil rights (08) Unlawful Detainer El Enforcement of judgment (20)El Defamation (13) El Commercial (31) Miscellaneous Civil ComplaintEl Fraud (16) El Residential (32) El RICO (27)El Intellectual property (19) El Drugs (38) El Other complaint (not specified above) (42)El Professional negligence (25) Judicial Review Miscellaneous Civil PetitionEl Other non-PI/PD/WD tort (35) El Asset forfeiture (05) El Partnership and corporate govemance (21)Employment El Petition re: arbitration award (11) El Other petition (not spec/fled above) (43)Wrongful termination (36) El Writ of mandate (02)El Other employment (15) El Other judicial review (39)

2. This case Li is LU is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark thefactors requiring exceptional judicial management:a. El Large number of separately represented parties d. El Large number of witnessesb. El Extensive motion practice raising difficult or novel e. El Coordination with related actions pending in one or more courts

issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal courtc. El Substantial amount of documentary evidence f. El Substantial postjudgment judicial supervisionRemedies sought (check all that apply): a.LZI monetary b. EZI nonmonetary; declaratory or injunctive relief C. L71 punitiveNumber of causes of action (specify): Seven (7)This case El is ELI is not a class action suit.If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)

3.4.5.6.

Date: August 19, 2015Jennifer H. Yeung, SBN 280819

CONFORN1iij ur iOF ORIGINAL FILED

nc \ncepIm

AUG1 92015Shorn H. Carter, Executive Officer/Clerk

By: Moses Soto, Deputy

/((TYPE OR PRINT NAME)/ (SIGNATURE OF PARTY O ATTORNEY OR PARTY)NOTICE

Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filedunder the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may resultin sanctions.

File 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 serve a copy of this cover sheet on all

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 statistical purposes only.

Page 1 012Form Adopted for Mandatory Use CIVIL CASE COVER S H EET Cal Rules of Court, rules 2.30, 3220. 3.4003.403, 3740;Judicial Council of California Cal Standards of Judicial Administration, std 3.10CM-010 [Rev July 1, 2007)

www.courtinfo.ca.gov

CM-O10

Auto TortAuto (22)Personal Injury/Property

Damage/Wrongful DeathUninsured Motorist (46) (if the

case involves an uninsuredmotorist claim subject toarbitration, check this iteminstead of Auto)

Other PIIPDIWD (Personal lnjurylProperty DamagelWrongful Death)Tort

Asbestos (04)Asbestos Property DamageAsbestos Personal lnjury/

Wrongful DeathProduct Liability (not asbestos or

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

Medical MalpracticePhysicians & Surgeons

Other Professional Health CareMalpractice

Other Pl/PDAND (23)Premises Liability (e.g.. slip

and fall)Intentional Bodily lnjury/PDNVD

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

Emotional DistressNegligent Infliction of

Emotional DistressOther Pl/PDIWD

Non-Pl/POIWD (Other) TortBusiness Tort/Unfair Business

Practice (07)Civil Rights (e.g., discrimination,

false arrest) (not civilharassment) (08)

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

Fraud (16)Intellectual Property (19)Professional Negligence (25)

Legal MalpracticeOther Professional Malpractice

(not medical or legal)Other Non-Pl/PDJIND Tort (35)

EmploymentWrongful Termination (36)Other Employment (15)

ContractBreach of Contract/Warranty (06)

Breach of Rental/LeaseContract (not unlawful detainer

or wrongful eviction)Contract/Warranty BreachSeller

Plaintiff (not fraud or negligence)Negligent Breach of Contract/

WarrantyOther Breach of ContractNVarranty

Collections (e.g., money owed, openbook accounts) (09)Collection CaseSeller PlaintiffOther Promissory Note/Collections

CaseInsurance Coverage (not provisionally

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) (if the case involves illegal

drugs, check this item: othe,wise,report as Commercial or Residential)

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

WritAdministrative MandamusWritMandamus on Limited Court

Case MatterWritOther Limited Court Case

ReviewOther Judicial Review (39)

Review of Health Officer OrderNotice of AppealLabor

Commissioner Aooeals

Provisionally Complex Civil Litigation (Cal.Rules of Court Rules 34003.403)

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 type listed above) (41)

Enforcement of JudgmentEnforcement of Judgment (20)

Abstract of Judgment (Out ofCounty)

Confession of Judgment (non-domestic relations)

Sister State JudgmentAdministrative Agency Award

(not unpaid taxes)Petition/Certification of Entry of

Judgment on Unpaid TaxesOther Enforcement of Judgment

CaseMiscellaneous Civil Complaint

RICO (27)Other Complaint (not specified

above) (42)Declaratory Relief OnlyInjunctive Relief Only (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

AbuseElection ContestPetition for Name ChangePetition for Relief From Late

ClaimOther Civil Petition

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 be used to compilestatistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must checkone box for the case type that best describes the case. If the case fits both a general and a more specific type of case 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 of action.To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A coversheet must be filed only with your initial paper Failure to file a cover sheet with the first paper filed in a civil case may subject a party,its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.To Parties in Rule 3.740 Collections Cases. A collections case under rule 3.740 is defined as an action for recovery of moneyowed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorneys fees, arising from a transaction inwhich property, services, or money was acquired on credit. A collections 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 of a 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. A rule 3.740 collectionscase will be subject 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 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with thecomplaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in theplaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation thatthe case is complex. CASE TYPES AND EXAMPLES

cM-O1o [Rev. July 1, 2007] CIVIL CASE COVER SHEET Page 2 of 2

rsH0RTTTLE: CASE NUMSERHubner v. American Apparel, Inc., et al.

CIVIL CASE COVER SHEET ADDENDUM ANDSTATEMENT OF LOCATION

(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court.

Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:JURYTRIAL? YES CSSACTION? D YES LIMITEDCASE? DYES TIMEESTIMATEDFORTRIAL6-7D HOURS/H DAYS

Item II. Indicate the correct district and courthouse location (4 steps If you checked Limited Case, skip to Item Ill, 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 of action in Column B below which best describes the nature of this case.

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

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

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

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LACIV 109 (Rev. 03/11)LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUMAND STATEMENT OF LOCATION

Local Rule 2.0Page 1 of 4

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/property damage).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

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rsH0RTT1TLE Hubner v. American Apparel, Inc., etal. 1A B C

Civil Case Cover Sheet Type of Action Applicable Reasons -Category No. (Check only one) See Step 3 Above

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

Civil Rights (08) El A6005 Civil Rights/Discrimination 1., 2.. 3.

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

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

El A6017 Legal Malpractice 1., 2., 3.Professional Negligence (25)El A6050 Other Professional Malpractice (not medical or legal) 1., 2., 3.

Other (35) El A6025 Other Non-Personal Injury/Property Damage tort 2.3.

Wrongful Termination (36) ll A6037 Wrongful Termination 1.J 3.

El A8024 Other Employment Complaint Case 1.. 2., 3.Other Employment (15)El A6109 Labor Commissioner Appeals 10.

El A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful 2 5eviction)Breach of Contract! Warranty

, .

. 2 5(06) El A6008 Contract/Warranty Breach -Seller Plaintiff (no fraud/negligence)(not insurance) El A601 9 Negligent Breach of Contract/Warranty (no fraud) 1., 2., 5.

El A6028 Other Breach of Contract/Warranty (not fraud or negligence) 1., 2., 5.

El A6002 Collections Case-Seller Plaintiff 2., 5., 6.Collections (09)El A6012 Other Promissory Note/Collections Case 2.. 5.

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

El A6009 Contractual Fraud 1., 2., 3., 5.Other Contract (37) El A6031 Tortious Interference 1., 2., 3., 5.

El A6027 Other Contract Dispute(not breach/insurance/fraud/negligence) 1., 2., 3.. 8.

Eminent Domain/Inverse El A7300 Eminent Domain/Condemnation Number of parcels______ 2.Condemnation (14)

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

El A6018 Mortgage Foreclosure 2.. 6.Other Real Property (26) El A6032 Quiet Title 2.. 6.

El A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure) 2.. 6.

Unlawful Deti;,r-Commercial El A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) 2., 6.

Unlawful Detainer-Residential El A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction) 2. 6.

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

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

LACIV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0LASC Approved 03-04 AND STATEMENT OF LOCATION Page 2 of 4

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LACIV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0

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A B CCivil Case Cover Sheet Type of Action Applicable Reasons -

Category No. (Check only one) See Step 3 Above

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

Petition re Arbitration (11) 0 A61 15 Petition to Compel/ConfirmNacate Arbitration 2., 5.

El A6151 Writ-Administrative Mandamus 2., 8.Writ of Mandate (02) El A6152 Writ - Mandamus on Limited Court Case Matter 2.

El A61 53 Writ - Other Limited Court Case Review 2.

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

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

Construction Defect (1 0) El A6007 Construction Defect 1., 2., 3.

Claims lnvoMng Mass Tort El A6006 Claims Involving Mass Tort 1., 2., 8.

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

Toxic Tort El A6036 Toxic Tort/Environmental 1., 2., 3., 8.Environmental (30)Insurance Coverage Claims El A6014 Insurance Coverage/Subrogation (complex case only) 1., 2., 5., 8.from Complex Case (41)

El A6141 Sister State Judgment 2., 9.El A6160 Abstract of Judgment 2., 6.

Enforcement El A6107 Confession of Judgment (non-domestic relations) 2., 9.of Judgment (20) El A6140 Administrative Agency Award (not unpaid taxes) 2., 8.

El A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax 2., 8.El A61 12 Other Enforcement of Judgment Case 2., 8., 9.

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

El A6030 Declaratory Relief Only 1., 2.. 8.

Other Complaints U A6040 Injunctive Relief Only (not domestic/harassment) 2.. 8.(Not Specified Above) (42) U A601 1 Other Commercial Complaint Case (non-tort/non-complex) 1.. 2., 8.

El A6000 Other Civil Complaint (non-tort/non-complex) 1., 2., 8.

Partnership Corporation El A61 13 Partnership and Corporate Governance Case 2.. 8.Governance (21)

U A6121 Civil Harassment 2.. 3., 9.El A6123 Workplace Harassment 2.. 3., 9.

.. El A6124 Elder/DependentAdultAbuseCase 2., 3., 9.Other Petitions(Not Specified Above) El A6190 Election Contest 2.

(43)El A61 10 Petition for Change of Name 2.. 7.El A6170 Petition for Relief from Late Claim Law 2., 3., 4.. 8.U A6100 Other Civil Petition 2., 9.

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LASC Approved 03-04 AND STATEMENT OF LOCATION Page 3 of 4

SHORT 11TLE: CASE NUMBERHubner v. American Apparel, Inc., et al.

ADDRESS:REASON: Check the appropriate boxes for the numbers shown 747 Warehouse St.under Column C for the type of action that you have selected forthis case.

[11. [12. [13. [14. [15. [16. [17. [18. [19. [110.CITY STATE ZIP CODE

Los Angeles CA 90021

Item IV. Declaration of Assignment I declare 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., 392 et seq., and LocalRule 2.0, subds. (b), (c) and (d)j.

Dated: August 19, 2015 /)(SIGNAPURE OF ATTORNEYIFILING6ARTY)

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 of Location form, LACIV 109, LASC Approved 03-04 (Rev.03/11).

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

6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is aminor under 18 years of age will be required by Court in order to issue a summons.

7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendummust be served along with the summons and complaint, or other initiating pleading in the case.

LACIV 109 (Rev. 03/11)LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUMAND STATEMENT OF LOCATION

Local Rule 2.0Page 4 of 4

Item III. Statementof Location: Entertheaddressoftheaccident, partys residenceorplaceof business, performance, orothercircumstance indicated in Item II. Step 3 on Page 1, as the proper reason for filing in the court location you selected.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESNOTICE OF CASE ASSIGNMENT

- UNLIMITED CIVIL CASE (NON-CLASS ACTION)Case Number

______________________________________________

BC5 9187?THIS FORM IS TO BE SERVED WITH THE SUMMONS AND COMPLAINTYour case is assigned for all purposes to the judge indicated below. There is more information on the reverse side of this form.

*provbionaily ComplexNon-class Action CasesAssignment is PendingComplex Determination

All non-class action cases designated as provisionally complex are forwarded to the Supervising Judge of the Complex Litigation Programlocated in the Central Civil West Courthouse (600 S. Commonwealth Ave., Los Angeles 90005), for complexlnon-complex determinationpursuant to Local Rule 3.3(k). ThIs procedure is for the purpose of assessing whether or not the case Is complex within the meaning ofCalifornia Rules of Court, rule 3.400. Depending on the outcome of that assessment, the case may be reassigned to one of the judges of theComplex Litigation Program or reassigned randomly to a court in the Central DistrictGiven to the Plalntiff/Cross-ComplainantlAttorney of Record on

__________

SHEFIRI R. CAc1TERBy

SHERRI R. CARTER, Executive OfficeriClerkM. Soto

________________________

Deputy Clerk

LACIV CCH 190 (Rev. 04115)LASC Approved 05-06

- NOTICE OF CASE ASSIGNMENT-

UNLIMITED CIVIL CASEPage I of2

[ I ASSIGNED JUDGE DEPT I ROOM I I ASSIGNED JUDGE DEPT ROOMHon. Kevin C. Brazile 1 534

Hon. Barbara A. Meiers 12 636

Hon. Terry A. Green 14 300

Hon. Richard Fruin 15 307

Hon. Rita Miller 16 306

Hon. Richard E. Rico 17 309

Hon. Stephanie Bowick 19 311

Hon. Dalila Corral Lyons 20 310

Hon. Robert L.Hess 24 314

Hon. Yvette M. Palazuelos 28 318

Hon. Barbara Scheper 30 400

Hon. Samantha Jessner 31 407

Hon. Mary H. Strobel 32 406

Hon. Michael P. Linfleld 34 408

Hon. Gregory Alarcon 36 410

Hon. Marc Marmaro 37 413

Hon. Maureen Daffy-LewIs 38 412

Hon. Elizabeth Fetter 39 415

Hon. Michelle R. Rosenblatt 40 414

Hon. Holly E. Kendig 42 416

Hon. Mel Red Recana 45 529

( Hon. Frederick C. Sheller 46 500

Hon. Elizabeth Allen White 48 506

Lion. Deirdre Hill 49 509

Hon. John L. Segal 50 508

lion. Mitchell L. Heckloff 51 511

Hon. Susan Bryant-Deason 52 510

Hon. Steven J. Klemfield 53 513

Hon. Ernest M. Hiroshige 54 512

Hon. Malcolm H. Mackey 55 515

Hon. Michael Johnson 56 514

Hon. Rolf M. Tree 58 516

Hon. Gregory Keosian 61 732

Hon. Michael L. Stern 62 600

Hon. Mark Mooney 68 617

Hon. William F. Fahey 69 621

Hon. Suzanne G. Bruguera 71 729

Hon. Ruth Ann Kwan 72 731

Hon. Rafael Ongkeko 73 733

Hon. Teresa Sanchez-Gordon 74 735

Hon. Gall Ruderman Feuer 78 730

Hon. Emile H. Ellas 324 CCW

Hon. Debre K. Weintraub 47 507

*ComDiex

324 CCW

INSTRUCTIONS FOR HANDLING UNLIMITED CIVIL CASES

The following critical provisions of the Chapter Three Rules, as applicable in the Central District, are summarized for your assistance.APPLICATION

The Chapter Three Rules were effective January 1, 1994. They apply to all general civil cases.

PRIORITY OVER OTHER RULES

The Chapter Three Rules shall have priority over all other Local Rules to the extent the others are inconsistent.

CHALLENGE TO ASSIGNED JUDGE

A challenge under Code of Civil Procedure section 170.6 must be made within 15 days after notice of assignment for all purposes tojudge, or if a party has not yet appeared, within 15 days of the first appearance.TIME STANDARDS

Cases assigned to the Individual Calendaring Court will be subject to processing under the following time standards:COMPLAINTS: All complaints shall be served within 60 days of filing and proof of service shall be filed within 90 days of filing.CROSS-COMPLAINTS: Without leave of court first being obtained, no cross-complaint may be filed by any party after their answer ifiled. Cross-complaints shall be served within 30 days of the filing date and a proof of service filed within 60 days of the filing date.A Status Conference will be scheduled by the assigned Independent Calendar Judge no later than 270 days after the filing of the complaintCounsel must be fully prepared to discuss the following issues: alternative dispute resolution, bifurcation, settlement, trial date, and experwitnesses.

FINAL STATUS CONPERENCE

The Court will require the parties at a status conference not more than 10 days before the trial to have timely filed and served all motiomin limine, bifurcation motions, statements of major evidentiary issues, dispositive motions, requested jury instructions, and special juryinstructions and special jury verdicts. These matters may be heard and resolved at this conference. At least 5 days before this conferencecounsel must also have exchanged lists of exhibits and witnesses and have submitted to the court a brief statement of the case to be read tothe jury panel as required by Chapter Eight of the Los Angeles Superior Court RuLes.SANCTIONS

The court will impose appropriate sanctions for the failure or refusal to comply with Chapter Three Rules, orders made by the Court, andtime standards or deadlines established by the Court or by the Chapter Three Rules. Such sanctions may be on a party or if appropriate oncounsel for the party.

This is not a complete delineation of the Chapter Three Rules, and adherence only to the above provisions is therefore not aguarantee against the Imposition of sanctions under Trial Court Delay Reduction. Careful reading and compliance with theactual Chapter Rules I absolutely Imperative.

LACIV CCH 190 (Rev. 04115)- NOTICE OF CASE ASSIGNMENT Page 2 of 2

LASC Approved 05-06 UNLIMITED CML CASE

VOLUNTARY EFFICIENT LITIGATION STiPULATIONS

Lou Mgi.s CountySAouodlon

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Los AngeI CountyBMsodlon Labor id

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CaouuMunclon of 1.oi MgiIs

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The Early Organizational Meeting Stipulation. DiscoveryResolution Stipulation, and Motions in Limine Stipulation arevoluntary stipulations entered into by the parties. The partiesmay enter into one, two, or all three of the stipulations;however, they may not alter the stipulations as written,because the Court wants to ensure uniformity of application.These stipulations are meant to encourage cooperationbetween the parties and to assist in resolving issues in amanner that promotes economic case resolution and judicialefficiency.

The following organizations endorse the goal ofpromoting efficiency in litigation and ask that counselconsider using these stipulations as a voluntaiy way topromote communications and procedures among counseland with the court to fairly resoWe issues in their cases.

Los Angeles County Bar Association Litigation Sectlofl

Los Angeles County Bar AssociationLabor and Employment Law Sectlon

Consumer Attorneys Association of Los Angeles

Southem California Defense Counsel

Assoclation of Business Trial Lawyers

Califomla Employment Lawyers AssoclatIon

LP4N 230 QEfWyed4-11

Supedor Cau,t of CaliforniaCounty of ias Angeles

14ibsC.II..Jatc1J_

\haEAMAooPEss OF AttOY OR PMTY VdfliOUt A1IORNEY: STATE SN tS*ISEN I R$Id F.2

1?iEPI-iONE NO.: FAX NO. (OpIoa):EUP$L ADDRESS (Ocni):ATTORNEY FOR (Nap.):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES[COURThOUSE ADDRESS:\_PJJNT1FF:

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iCASEffiEI STIPULATION DISCOVERY RESOLUTION

This stipulation Is Intended to provide a fast and Informal resolution of discovery Issuesthrough limited paperwork and an Informal conference with the Court to aid In theresolution of the Issues.The parties agree that

1, Prior to the discovery cut-off in this action, no discovery motion shall be flied Or heard unlessthe moving party first makes a written request for an Informal Discovery Conference pursuantto the temis of this stipulation.V

2. At the Informal Discovery Conference the Court will consider the dispute presented by partiesand determine whether it ca be resolved informally. Nothing set forth herein will preclude aparty from maldng a record at the conclusion of an Informal Discovery Conference, eitherorally orlnwrlling.

3. Following a reasonable and good faith attempt at an informal resolution of each issue to bepresented, a party may request an Informal Discovery Conference pursuant to the followingprocedures:

a. The party requesting the Informal Discovery Conference will:V

I. File a Request for Infonnal Discovery Coflference with the clerWs office on theapproved form (copy attached) and deliver a courtesy onformed copy to thegoeddspaV

ii. Indude a brief summary of the dispute and specify the relief requested; andill. Serve the opposing party pursuant to any authorized or agreed method of servicethat ensures that the opposing party receives the Request for Informal DiscoveryConference no later than the next court day following the lWng.

b. Any Answer to a Request for Informal Discovery Conference mustI. Also be filed on the approved farm (copy attached);

ii. Indude a brief summary of why the requested rehef should be denied;LM3NO3SSWILASC pimd 04111FrOpIa.U.e STIPULATION - DiSCOVERY RESOLUTiON

P1ct3

FnftE

iii. Be filed within two (2) court days of receipt of the Request: andiv. Be served on the opposing party pursuant to any authorized or agreed uponmethod of service that ensures that the opposing party receives the Answer nolater than the next court day following the filing.

c. No other pleadings, including but not limited to exhibits, dedarations, or attachments, willbe accepted.

d. If the Court has not granted or denied the Request for Informal Discovery Conferencewithin ten (10) days following the filing of the Request, then it shall be deemed to havebeen denied., If the Court acts on the Request, the parties will be notified whether theRequest for informal Discovery Conference has been granted or denied and, if granted.the date and time of the Informal Discovery Con1erence which must be within twenty (20)days of the filing of the Request for Informal Discovery Conference.e. If the conference Is not held Within twenty (20) days of the filing of the Request forInformal Discovery Conference, unless extended by agreement of the parties and theCourt, then the Request for the Informal Discovery Conference shall be.deemed to havebeen denied at that time.

4. If (a) the Court has denied a conference or (b) one of the time deadlines above has expiredwithout the Court having acted or (c) the Informal Discovery Conference Is conduded withoutresolving the dispute, then a party may file a discovery motion to address unresolved issues.5. The parties hereby further agree that the time for maldng a motion to compel or otherdiscovery motion Is tolled from the date of filing of the Request for Informal DiscoveryConference qntll (a) the request is denied or deemed denied or (b) twenty (20) days after thefiling of the Request for Informal Discovery Conference, whichever is earlier, unless extendedbyOrderoftheCourt

It Is the understanding and intent of the parties that this stipulation shall, for each discoverydispute to which It applies, constitute a writing memorializing a spedftc later date to whichthe p opounding tor demanding or requestlngj party and the responding party have agreed In.wdtlng, wiUdn the meanlAg of Code CMI Procedure sections 2030300(c), 2031.320(c), and2033.290(c).6. NothIng herein will preclude any party from applying ex paite for appropriate relief, includingan order Shortening time for a motion to be heard concerning discovery.7. Any party may terminate this stipulation by giving twenty-one (21) days notice of Intent toterminate the stipulation.8. References to days mean calendar days, unless othenwise noted. It thedate for performingany act pursuant to this stipulation falls on a Saturday, Sunday or Court holiday, then the timefor performing that act Shall be extended to the next Court day.

AO4fl1 STIPULATION- DISCOVERY RESOLUTIONFarIanLJ..

The following parties stipulate:

Date:>

(TYPE OR PEINT NAME) (MTORNEY FOR PLAINTIFF)Date:

(TYPE CR PRINT NAME)FOR DEFENOANT)Date:

(TYPE OR PRINT NAME)npjy FOR J4DT)Date:

(TYPE CR PRINT NAI) (ATTORNEY FOR DEFENDAN1)Date:

(TYPE OR PRWrNAIIE) ynjpypn______________Oste:

(TYPE CR PRINT NAME) nyFOR______________Date:

(TYPE CR PRINT NAME) ynpjy.j.

P44WQ4I11 STIPULATION- DISCOVERY RESOLUTIONFcrCpIandLbI

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ATTCV C PPT WT)UT A1TY:rA1a.PmIJ.Iem

V. Fl. 5b.

TELEPHONE NO.: FAX NO. (OpUo):E-MAIL ADDRESS (Op*on):ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESOURTHOUSE ADDRESS:PLAINTWF:

OEFENDANT:

V

V CAMeSTIPULATION - EARLY ORGANIZATIONAL MEETING

This stipulation Is IfltOflded to OI)COWa9 cooPeration among the parties at an early stage Inthe litigation and to assist the parties In efficient case resolution.V

The parties agree that:1. The parties commit to conduct, an Initial conference (In-person or via teleconference or davideoconference) wIthin 15 days from the date this stipulation Is signed, to dlsuss and considerwhether the,e can be agreement on the Miowlng

a. Are motions to challenge the pleadings necessary? If the Issue can be resolved byamendment as of right, or if the Court would allow leave to amend could an amendedcomplaint resolve most or all of the issues a demurrer might otherwise raise? If so. the partiesagree to work through pleading Issues so that a demurrer need only raise issues th8y cannotresolve. Is the issue that the defendant seeks to raise amenable to resolution on demurrer, orWould 501115 ottiei tYPe of motion be preferable? Could a volunlaiy targeted exchange ofdocuments or inImiatIon by any party cure an uncertainty In the pleadings?b. . Initial mutual exchanges of documents at the scoW of the litigation. (For example, In anemployment case, the employment records, personnel file and documents relating to theconduct hi question could be considered core. In a personal injury case, an incident orpolice report, medical records, and repair or maintenance records could be considered

c. Exchange of names and contact Information of witnesses;d. Any Insurance agreement that may be available to satisfy part or all of a judgment, or toIndemnify or reimburse (Or payments made to satisfy a judgmente. Exchange of any other infcnnstlon that might be helpfUl to facilitate understanding, handing,or resolution of the case in a manner that preserves objections or privileges by agreementf. Controlling. Issues of law that, If resolved early, will, promote efficiency and economy In otherphases of tile case. Also, when and how such issues can be presented to the Court;g. Miether or when the case should be scheduled with a settlement officer, what discovery orcourt ruling on legal issues is reasonably required to make settlement discussions meanlngM,and whether the parties wish to use a sitting judge or a private mediator or other options as

04111 STIPULATION- EARLY ORGANIZATIONAL MEETINGFarO*niU.

P.u.1at2

Tm.E

discussed in the Alternative Dispute Resolution (ADR) information Package served with thecomplaint;h. Computation of damages, Induding documents, not privdeged or protected from disclosure, onwtch such computation is based;t. Whether the case is suitable for the Expedited Jury Trial procedures (see information at&asuieAoscourt.orr, under CMI and then under General Information).

2. The time for a defending party to respond to acomplaint or cross-complaint will be extendedto for the complaint, and for the cross(SISERT OA1 (INSERT DAIS)complaint, which Is comprised of the 30 days to respond under Government Code 68616(b),and the 30 days permitted by Code of Civil Procedure sectIon 1054(a), good cause havingbeen found by the Clvii Supervising Judge due to the case management benefits provided bythis Stipulation. A copy of the General Order can be found at wviw.laauDerioIcowLom underclidr, click on rGeneral Information, then click on Voluntaiy Efficient Litigation Stipulations.3. The parties v.IU prepare a Joint report tided Joint Status Report Pursuant to Initial Conferenceand Early Organizational Meeting Stipulation, and If desired, a proposed aider summarizingresults of their meet and confer and advising the Court of any way It may assist the partiesefildent conduct or resolution of the case. The parties shall attach the Joint Status Report tothe . Ca5e Management Conference statement, and file the documents wtien the CMCstatement Is due.

4. ReferenceS to days mean calendar days unless ottieiwise noted. if the date for performingany act pursuant to this stipulation falls on a Saturday, Sunday or Court holiday, then the timefor performing that act shall be extended to the next Court dayme tosowing parties stipulate:0

(TYPE OR PRINT NAME)Oak:

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(ATTORNEY FOR DEFENDANT)

(ATTORNEY FOR DEFENDANT)

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(ATTORNEY FOR_______________

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UPER1OR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESOURTHOUSE ADDRESS:tfiJNTIFF:

CASESTIPULATION AND ORDER MOTIONS IN LIMINE

This stipulation Is Intended to provld fast and informal resolution of evidentlaryIssues through diligent efforts to define and discuss such Issues and limit paperwork.

The parties agree that

1. At least___ days before the final status conference, each party will provide aft otherparties with a list containing a one paragraph explanation of each proposed motion inUmine; Each one paragraph explanation must identify the substance of a single proposedmotion in lknlne and the grounds for tjie proposed motion.2. The parties thereafter wW. meet and confer, either in person or via teleconference orvideoconference, concerning aft proposed motions in limine. In that meet and confer, theparties will determine:

a. Vftether the parties can stipulate to any of the proposed motions. If the parties sostipulate, they may flea stipulation and proposed.order with the Courtb. Wiether any of the proposed motions can be briefed and submitted by means of ashort joint statement of issues. For each motion which can be addressed by a shortjoint statement of Issues, a short joint statement of issues must be filed with the Court10 days prior to the final status conference. Each sides portion of the short jointstatement of issues may not exceed three pages. The parties will meet and confer toagree on a date and manner for exchanging the parties respective portions of theshod joint statement of issues and the process for filing the short joint statement of

3. Al proposed motions in limine that are not either the subject of a stipulation or briefed viaa short joint statement of issues will be briefed and flied in accoidancewith the CaliforniaRules of Court and the Los Angeles Superior Court Rules.

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SUM-I 00SUMMONS FOR COURT USE ONLY(SOLO PARA USO bE LA CORTE)(CITA CION JUDICIAL)

NOTICE TO DEFENDANT:(AVISO AL DEMANDADO):AMERICAN APPAREL, INC., a Delaware corporation; COJL.UIAdditional Parties Attachment form is attached. Los AnoelFc nprfn,.YOU ARE BEING SUED BY PLAINTIFF: 1(LO ESTA DEMANDANDO EL DEMANDANTE):JAN WILLEM HUBNER, an individual, Sherri R. Carter, Executive Officer/ClerkPlaintiff. Moses Soto, Deputy

NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the informationbelow.

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copyserved on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear yourcase. There may be a court form that you can use for your response. You can find these court forms and more information at the California CourtsOnline Self-Help Center (www.courtinfoca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, askthe court clerk for a fee waiver form, If you do not file your response on time, you may lose the case by default, and your wages, money, and propertymay be taken without further warning from the court.

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorneyreferral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locatethese nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center(vvvvw.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees andcosts on any settlement or arbitration award of $10,000 or more in a civil case. The courts lien must be paid before the court will dismiss the case.1AVISO! Lo han demandado. Si no responde dentro de 30 dias, Ia code puedo decidir en su contra sin escuchar su versiOn. Lea Ia informacin acontinuacin.

Tiene 30 DIAS DE CALENDARIO despus de que 10 entreguen esta citaciOn y papeles 10gales para presentar una respuesta por escrito en estacode y hacer que se entregue una copia a! demandante. Una carta o una liamada telefOnica no lo protegen. Su respuesta por escrito tiene quo estaren forrnato legal correcto si desea que procesen su caso en Ia corte. Es posible que haya un formulario que usted pueda usar para su respuesta.Puede encontrar estos formularios do Ia corte y ms informacin en el Centro de Ayuda do las Cortes de California (www.sucorte.ca.gov), en Iabiblioteca do feyes de su condado o on Ia code quo le quode ms cerca. Si no puede pagar Ia cuota do presonfaciOn, pida al secretario do Ia codeque le d un formulario de exenciOn do pago do cuotas. Si no prosenta su respuesta a tiempo, puede perder 01 caso por incumplimiento y a code lepodr quitar su sueldo, dinero y bienes sin ms advedencia.

Hay otros requisitos legales. Es recomendable que flame a un abogado inmediatamente. Si no conoce a un abogado, puede Ilamar a un servicio deremisin a abogados. Si no puede pagar a un abogado, es posthle quo cumpla con los requisitos para obtenor seivicios legaies gratuitos de unprograma de servicios legales sin tines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitlo web de California Legal Seniices,(www.lawhelpcalifomia.org), en of Centro do Ayuda do las Codes do California, (www.sucorte.ca.gov) o ponindose en contacto con Ia code o elcolegio de abogados locales. A VISO: Por fey, a code tieno derecho a reclamar las cuotas y los costos exontos por imponer un gravamen sobrecualquier recuperaciOn do $10,000 mOs do valor recibida modiante un acuerdo 0 una concosiOn de arbitraje en un caso de derecho civil. Tiene quepagar el gravamen do Ia code antes do quo Ia code pueda desochar et caso.

The name and address of the court is: CASE NUMBER; fl( I 7 7(Elnombre ydireccidn de Ia corte es): Los Angeles Superior Court (NdmerodelCaso)p U 4! . l1111 North Hill StreetLos Angeles, California 90012

The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:(El nombre, Ia direcciOn y of nUmero do telfono del abogado del demandante, o del demandante que no tiene abogado, es):Jennifer H. Yeung, SBN 280819, Fink & Steinberg, 11500 Olympic Blvd., Ste. 316, Los Angeles, CA 90064(1O2 2(-O7ODATE: Clerk, by , Deputy(Fecha) (Secretarlo) M. $t (Adjunto)(For proof of service of this summons, ummons (form POS-O1 0).)(Para pruoba do entrega do esta citation use of formulario Proof of Service of Summons, (POS-Olo)).

NOTICE TO THE PERSON SERVED: You are servedI5] 1 E1 as an individual defendant.

2. as the person sued under the fictitious name of (specify):

3 on behalf of (specify):

( under: CCP 416.10 (corporation) CCP 416.60 (minor)L CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)

CCP 416.40 (association or partnership) CCP 416.90 (authorized person)other (specify):

4. by personal delivery on (date):Page 1 of 1

Form Adopted for Mandatory Use SUMMONS Code of CMI Procedure 412.20. 465Judicial Council of California www.couiliiifo cagov5UM-100 ]Rev July 1,2009]

SUM-200(A)SHORT TITLE: CASE NUMBER.

Hubner v. American Apparel, Inc., et al.

INSTRUCTIONS FOR USE- This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons.- If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: Additional Parties

Attachment form is attached.

List additional parties (Check only one box. Use a separate page for each type of party.):Plaintiff Defendant Cross-Complainant Cross-Defendant

AMERICAN APPAREL RETAIL, INC., a California corporation; AMERICAN APPAREL (USA), LLC, aCalifornia limited liability company; AMERICAN APPAREL MANUFACTURING, INC., a Californiacorporation, AMERICAN APPAREL GROUP, a Delaware corporation; AMERICAN APPARELCORPORATION, a Delaware corporation; and DOES ito 100, inclusive,

Defendants.

Form Adopted for Mandatory UseJudicial Council of California

SUM-200(A) [Rev. January 1. 2007[ADDITIONAL PARTIES ATTACHMENT

Attachment to Summons

Page 1 of IPage 1 of 1

HubnerComplaintHubnerCCCSHubnerCCCSAddendHubnerNtcCaseAssignStipPktHubnerSummons

Documents

Jan Hubner Bc 591877