At t Overtime Pay Cal Complaint

8/2/2019 At t Overtime Pay Cal Complaint

1/18

, . .'l Andre E. Jardini (State Bar No. 71335)aej@kpc\egal.com2 KNAPP, PETERSEN & CLARKE

500 North Brand Boulevard, 20th Floor3 Glendale, California 91203-1904Telephone: (818) 547-50004 FacsImile: (818) 547-5329

FILEDLOS ANGELES SUPERIORC

FEB 0 [0065 Attorneys for Plainti ffAUSTIN GRAY, an individual, on behalf of herself and6 all others similarly situated7

121314

SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELES

AUSTIN GRAY, an individual, on behalf ofherself and all others similarly situated,Plaintiff,

v.l O. BC384948COMPLAINT FOR DAMAGES) CLASS ACTION (Plaintiff Class)) (California Code of Civil Procedure 382))AT&T, SBC SERVICES, INC.,

SOUTHWESTERN BELL, YELLOWPAGES, INC., YELLOWPAGES.COM LLC,BELL SOUTH, CINGULAR WIRELESS.WHITEP AGES.COM. IYP, LLC ANDSOUTHWESTERN BELLYELLOWPAGES,

) 1. FAILURE TO PAY OVERTIME) COMPENSATION (CAL. LABOR) CODE SECTION 1194)

117\ ~ O

2122

142iif : ~ 26

Defendants.

2. FAILURE TO PROVIDE MEALAND REST PERIODS (CAL. LABORCODE SECTION 226.7)3. WAITING TIME PENALTIES (CAL.LABOR CODE SECTION 203)4. FAILURE TO PROVIDEACCURATE WAGE STATEMENTS(CAL. CIVIL CODE SECTION 226 ET.SEQ.)

:-.0:. -(, ';: . :::0:,. C) 5. UNFAIR BUSINES,S PRAClf,te.l!Sf,',:,', ~ , " ) (CALIFORNIA BUSINESS ;; F,;) PROFESSIONS CODi ~ $ 1 f i I g N ~ 1 ~ O ( ' J ' ) ET SEQ.) ;c' if. :; $! t;" (;

3336, 3294) ",' ". ",. :c, n ,r;:) c:' ~ ~ ~ C.i r-.,.' ,:",' ~ - ; : , l6. CONVERSION ( C A ~ ; . C I : Y I L ~ i , ; ~ ~ l } 27 ,,_______________ ) i i l"

11 - t:,

CLARKE 28

556511.1 90000/00007

-1-COMPLAINT FOR DAMAGES

; ~ ) ,,:,' : " - ~ ..... -',\c ' :;:':;


2/18

, . .' 1 Plaintiff Austin Gray, as an individual, and on behalf of herself and all others2 similarly situated, and the general public, complain and allege the following against3 defendants AT&T, Yellowpages.com, SBC Services, Inc., Southwestern Bell, Bell South,4 Cingular Wireless, Whitepages.Com., IYP, LLC and Southwestern Bell Yellowpages5 (collectively, "defendants").67 1.

JURISDICTION AND VENUEIt is appropriate for this court to exercise jurisdiction over defendants

8 because they are residents of and/or doing business in the State ofCalifornia.9 2. Venue is proper in this Court in accordance with Section 395(a) of the

10 California Code of Civil Procedure because defendants, or some of them, reside in LosI I Angeles County. Moreover, defendants employed Plaintiff in Los Angeles County and the12 harms occurred in Los Angeles County.1314 3.

PARTIESDefendant AT&T is the largest communications holding company in the

15 United State and worldwide. AT&T is incorporated in the state other than the State of16 California and has its principal place ofbusiness in San Antonio, Texas.17 4. In 2005 SBC Communications Inc. acquired AT&T Corp. and created the18 "new" AT&T, the defendant herein.19 5. Yellowpages.com is a California corporation conducting business in the20 County of Los Angeles, State ofCalifornia.21 6. SBC Communications is a corporation incorporated in a state other than the22 State of California with its principal place ofbusiness in San Antonio, Texas.

7. Southwestern Bell is a predecessor of SBC Communications, Inc. and has the24 same corporate citizenship and principal place ofbusiness as SBC Services, Inc.

8. Bell South Corporation merged with AT&T in 2006 and has the same26 corporate citizenship and principal place ofbusiness as defendant AT&T.27 9. Cingular Wireless is a subsidiary corporation ofAT&T and has the same28 corporate citizenship and principal place ofbusiness.


556511.1 90000100007


3/18

CLARKE

1 10. IYP, LLC is a corporation related to AT&T and, based on information and2 belief has the same corporate citizenship and principal place ofbusiness.3 11. Southwestern Bell Yellowpages is an entity, form unknown, related to AT&T4 and, based on information and belief has the same corporate citizenship and principal place5 ofbusiness.6 12. Plaintiff Austin Gray was at all relevant times a nonexempt employee of7 defendants and a resident of the County ofLos Angeles, State of California. Plaintiff8 began employment with defendants during the past four years, whereby plaintiff agreed to9 perform certain duties in exchange for wages to be paid by defendants.

10 13. Plaintiff's job duties concerned a support role in the business operation of11 defendants. Plaintiff performed all obligations as required during her employment.12 Defendants, AT&T, SBC Services, Inc., Southwestern Bell, Yellow Pages, Inc., IWP13 Group, LLC, Yellowpages.Com LLC, Bell South, Cingular Wireless and Whitepages.Com.14 and Does 1 through 25, are, and at all relevant times were, California corporations15 conducting business in the County of Los Angeles, State ofCalifornia.16 14. At all times mentioned herein, defendants, and each of them, were the agents,17 representatives, employees, successors, assigns, parents, subsidiaries and/or affiliates, each18 of the other, and at all times pertinent hereto were acting within the course and scope of19 their authority as such agents, representatives, employees, successors, assigns, parents,20 subsidiaries and/or affiliates.21 CLASS ACTION ALLEGATIONS22 15. Plaintiff brings this action on behalfofherself and all others similarly2:3 situated as a class action pursuant to California Code ofCivil Procedure Section 382.2;4 While defendants assert that business development, product development, marketing

employees and similar such category are exempt from California's mandatory wage and26 hour laws by calling them "managers," the job duties which they performed demonstrate27 clearly that they are misclassified by defendants. The class that plaintiff seeks to represent28 (herein referred to "Plaintiff Class") is composed of and defined of as follows: All


5565\ \. l 90000100007


4/18

.' 1 employees categorized as exempt by defendants working on the business side of said2 defendants, including, but not limited to operations, front end, marketing, business3 development, customer service, front end design team, front end marketing, graphics, info4 space, infrastructure, Netopia, operations, products, product development, product5 marketing, marketing infrastructure, sales, QA, site managements, sub infrastructure,6 vendor-access, web operations, website, brand marketing and business development.7 16. The foregoing class of employees of defendants were misclassified as exempt8 and, therefore, denied overtime pay and meal and rest breaks to which they were entitled9 pursuant to the California Labor Code, the California Industrial Welfare Commission's

10 ("IWC") Wage Orders, the FLSA and other applicable employment laws and regulations.11 17. The members of the Class are so numerous that joinder of all members would12 be unfeasible and not practical. The membership of the entire Class is unknown to plaintiff13 at this time; however, it is estimated that the entire Class is greater than 800 individuals,14 but the identity of such membership is readily ascertainable via inspection of the personnel15 records and other documents maintained by defendants.16 18. There are common questions oflaw and fact as to the class which17 predominate over questions affecting only individual members including, without18 limitation:19 (a) Whether defendants denied the Plaintiff Class overtime pay to which20 they were entitled pursuant to the California Labor Code, California Industrial Welfare21 Commission's ("IWC") Wage Orders, the FLSA and other applicable employment law and22 regulations.

(b) Whether defendants denied the Plaintiff Class meal breaks to which2'4 they were entitled to by law and failed to compensate plaintiff for missed meal breaks.

(c) Whether defendants failed to provide the Plaintiff Class rest breaks to26 which they were entitled by law, and failed to compensate the Plaintiff Class for missed rest27 breaks.28 (d) Whether defendants engaged in unfair business practices.


556511.1 90000100007


5/18

12

(e)(f)

.' Whether defendants converted wages of the Plaintiff Class.Whether defendants failed to provide the Plaintiff Class with accurate

3 itemized pay statements.456789

1011121314151617181920212221M15; - - . ~ .--".262728

(g) Whether defendants acted with malice oppression or fraud therebyjustifying the award ofpunitive and exemplary damages.

(h) The effect upon and the extent of damages suffered by the PlaintiffClass and the appropriate amount of compensation.

19. The claims ofplaintiff pled as class action claims are typical of the claims ofall members of the Class as they arise out of the same course of conduct and are predicatedon the same violations(s) of the law. Plaintiff, as a representative party, will fairly andadequately protect the interests of the Class by vigorously pursuing this suit through theirattorneys who are skilled and experienced in handling matters of this type.

20. The nature ofthis action and the nature of the laws available to the PlaintiffClass make use of the class action format a particularly efficient and appropriate procedureto afford relief to the Plaintiff Class. Further, this case involves a corporate employer anda large number of individual employees possessing claims with common issues oflaw andfact. If each employee were required to file an individual lawsuit, the corporate defendantswould necessarily gain an unconscionable advantage since it would be able to exploit andoverwhelm the limited resources of each individual plaintiff with its vastly superiorfinancial and legal resources. Requiring each Class member to pursue an individualremedy would also discourage the assertion oflawful claims by employees who would bedisinclined to pursue an action against their present and/or former employer for anappreciable and justifiable fear of retaliation and permanent damage to their careers atpresent and/or subsequent employment. Proof of a common business practice or factualpattern, ofwhich the named plaintiff experienced, is representative of the Class mentionedherein and will establish the right of each of the members of the Class to recovery on theclaims alleged herein.IIII


55651 Ll 90000/00007


6/18

' 1 21. The prosecution of separate actions by the individual class members, even if2 possible, would create (a) a substantial risk of inconvenient or varying verdicts or3 adjudications with respect to the individual Class members against the defendants herein;4 andlor (b) legal determinations with respect to individual class members which would, as a5 practical matter, be dispositive of the other class members not parties to the adjudications6 or which would substantially impair or impede the ability of Class members to protect their7 interests. Further, the claims of the individual members of the Class are not sufficiently8 large to warrant vigorous individual prosecution considering all of the concomitant costs9 and expenses attending thereto. Plaintiff is also unaware of any difficulties that are likely

10 to be encountered in the management of this action that would preclude it maintenance as a11 class action.12 FACTS COMMON TO ALL CAUSES OF ACTION1314IS1617181920212223

"''''"t4..e'f$

,i62728

22. Plaintiff was a nonexempt employee of defendants. Defendants routinelyrequired plainti ff to work more than eight hours per day, 12 hours per day and/or 40 hoursper week. However, plaintiffs did not receive overtime compensation for the hours theyworked in excess of eight hours per day, 12 hours per day and/or 40 hours per week.

23. In addition, plaintiff was not provided with an uninterrupted, work-free 30-minute meal period for shifts in excess of 5 hours and was not compensated for missedmeal periods. Defendants also failed to provide plaintiff with rest breaks for shifts inexcess of four hours throughout her employment with defendants.

24. Plaintiff is informed and believes and thereon alleges that the Plaintiff Classwas subjected to the same unlawful practices as plaintiff. Like plaintiff, defendantsroutinely required members of the Plaintiff Class to work more than eight hours per day,12 hours per day, and/or 40 hours per week. However, members of the Plaintiff Class didnot receive the overtime wages that they earned. Plaintiff is informed and believes andthereon alleges that the failure of defendants to pay plaintif f and the Plaintiff Class forovertime work was willful, purposeful, and unlawful and done in accordance with thepolicies and practices of defendants' operations.

-6-COMPLAINTFOR DAMAGES

5565 J1.1 90000100007


7/18

' 1 25. Plaintiff is further informed and believes and thereon alleges that members of2 the Plaintiff Class were also not provided with uninterrupted, work-free 30-minute meal3 periods for shifts in excess of five hours and were not compensated for missed meal4 periods. Plaintiff is informed and believes and thereon alleges that the failure of5 defendants to provide plaintiff and the Plaintiff Class with uninterrupted, work-free 30-6 minute meal periods for shifts in excess of five hours are willful, purposeful, and unlawful7 and done in accordance with the policies and practices of defendants' operations.8 26. In addition, plaintiff is informed and believes and thereon alleges that9 members of the Plaintiff Class were also not provided with rest breaks for shifts in excess

10 of four hours. Plaintiff is informed and believes and thereon alleges that the failure of11 defendants to provide plaintiff and the Plaintiff Class with rest breaks for shifts in excess of12 four hours was willful, purposeful, and unlawful and done in accordance with the policies13 and practices of defendants' operations.14 FIRST CAUSE OF ACTION15 FAILURE TO PAY OVERTIME COMPENSATION16 (CALIFORNIA LABOR CODE SECTION 1194)17 (By Plaintiff in her Individual Capacity and in her Capacity as Representative of all18 Similarly Situated Members of the Plaintiff Class against all Defendants)19 27. Plaintiff realleges and incorporates, by reference, as though fully set forth20 herein, the allegations contained in paragraphs 1 through 26.21 28. Defendants routinely required plaintiff and members of the Plaintiff Class to22 work more than eight hours per day, 12 hours per day, and/or 40 hours per week.:e6 29. Defendants failed to full compensate plaintiff and members of the Plaintiff2=4 Class for all overtime wages they earned.2-5 30. Plaintiff is informed and believes and thereon alleges that the failure of;:1.26 defendants to fully compensate plaintiff and the Plaintiff Class for overtime work was27 willful, purposeful, and unlawful and done in accordance with the policies and practices of28 defendants' operations.


55651 L1 90000100007


8/18

1 31. As a proximate cause of the aforementioned violations, plaintiff and the2 Plaintiff Class has been damaged in an amount according to proof at time of trial, but in an3 amount in excess of the jurisdiction of this court. Plaintiff and the Plaintiff Class are4 entitled to recover the unpaid balance ofwages owed, penalties, including penalties5 available pursuant to California Labor Code section 558,.plus interest, reasonable6 attorneys' fees and costs of suit according to the mandate of California Labor Code7 sections 218.5 and 1194, et seq. and punitive damages for defendants' oppressive,8 malicious, intentional, and fraudulent actions.9 SECOND CAUSE OF ACTION10 FAILURE TO PAY MEAL AND REST PERIOD COMPENSATION11 (CALIFORNIA LABOR CODE SECTION 226.7 AND 512)12 (By Plaintiff in her Individual Capacity and in her Capacity as Representative of all13 Similarly Situated Members of the Plaintiff Class against all Defendants)14 32. Plaintiff realleges and incorporates, by reference as through fully set forth15 herein, the allegations contained in paragraphs 1 through 31.16 33. Defendants failed to provide plaintiff and members of the Plaintiff Class with17 uninterrupted, work-free 30-minute meal periods for shifts in excess of five hours worked18 and to compensate them for these missed meal periods are required by law.19 34. Defendants, throughout plaintiffs employment with defendants, failed to20 give plaintiff any breaks for shifts in excess of four hours as required by law and failed to21 compensate her for missed rest breaks. Defendants also failed to give members of the22 Plaintiff Class breaks for shifts in excess of four hours as required by law and failed to4:3 compensate them for missed rest breaks.44 35. Plaintiff is informed and believes, and thereon alleges that the failure of2::5 defendants to provide meal and rest breaks and to compensate plaintiff and the Plaintiff26 Class for these missed meal and rest breaks was willful, purposeful, and unlawful and done27 in accordance with the policies and practices of defendants' operations.28 IIII


556511.1 90000/0{)007


9/18

1 36. As a proximate cause of the aforementioned violations, plaintiff and2 members of the Plaintiff Class have been damaged in an amount according to proof at time3 of trial, but in an amount in excess of the jurisdiction of this court. Plaintiff and the4 Plaintiff Class are entitled to recover the unpaid balance ofwages owed, penalties,5 including penalties available pursuant to California Labor Code sections 226, 226.7, 558,6 plus interest, reasonable attorneys' fees and costs of suit according to the mandate of7 California Labor Code sections 218.5 and 1194, et. seq. and punitive damages for8 defendants' oppressive, malicious, intentional and fraudulent actions.9 THIRD CAUSE OF ACTION

10 WAITING TIME PENALTIES PURSUANT TO11 (CALIFORNIA LABOR CODE SECTION 203)12 (By Plaintiff in her Individual Capacity and in her Capacity as Representative of all13 Similarly Situated Members of the Plaintiff Class against all Defendants)14 37. Plaintiffrealleges and incorporates, by reference, as though fully set forth15 herein, the allegations contained in paragraphs 1 through 36.16 38. Pursuant to California Labor Code section 201, if an employer discharges an17 employee, the wages earned and unpaid at the time of the discharge are due and payable18 immediately. Pursuant to Labor Code section 202, if an employee quits her employment,19 the wages earned and unpaid at the time of the discharge are due and payable within 7220 hours.21 39. Plaintiff is informed and believes that members of the Plaintiff Class have22 resigned or were terminated from their employment with defendants and have not received: i ~ the overtime compensation and other wages .they rightfully earned.24 40. Defendants, and each of them, willfully refused and continue to refuse to payI I members of the Plaintiff Class all wages earned, including overtime compensation for~ e ~ 26 missed meal and rest breaks, in a timely manner, as required by California Labor Code27 section 203. Plaintiff therefore requests restitution and penalties as provided by California28 Labor Code section 203.


556511.1 9DDDDIDDDD7


10/18

123456789

10111213141516171819202122

2:42 ~ ~ d:62728CLARKE

FOURTH CAUSE OF ACTION

FAILURE TO PROVIDE ACCURATE WAGE STATEMENTS(CAL. CIVIL CODE SECTION 226 ET. SEQ.)

(By Plaintiff in her Individual Capacity and in her Capacity as Representative of allSimilarly Situated Members of the Plaintiff Class against all Defendants)

41. Plaintiff realleges and incorporates, by reference, as though fully set forthherein, the allegations contained in paragraphs 1 through 40.

42. Defendant's failure to provide accurate itemized statements, including theovertime ancl/or unprovided rest and meal periods compensation to which plaintiff and thePlaintiff Class were entitled to, was a violation ofCalifornia Labor Code Section 226.

43. Defendants' failure to provide accurate itemized statements was willful,entitling plaintiff and the Plaintiff Class to penalties under Labor Code 226.

FIFTH CAUSE OF ACTIONUNF AIR COMPETITION AND BUSINESS PRACTICES

(CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 17200, ET SEQ.)(By Plaintiff in her Individual Capacity and in her Capacity as Representative of allSimilarly Situated Members ofthe Plaintiff Class against all Defendants)

44. Plaintiffrealleges and incorporates, by reference, as though fully set forthherein, the allegations contained in paragraphs I through 43.

45. Defendants' violations of the employment laws and regulations, as allegedherein, including (I ) defendants' failure and refusal to pay all overtime wages earned byplaintiff and the Plaintiff Class pursuant to defendants' illegal pay practices describedabove; (2) defendants' failure to provide meal and rest breaks to plaintiff and members ofthe Plaintiff Class and to compensate them for missed meal and rest breaks; (3) defendants'failure to pay wages due to plaintiff in a timely manner upon her termination orresignation; and (4) defendants' wrongful withhold and conversion ofwages andcompensation due to plaintiff and the Plaintiff Class. The aforementioned violationsconstitute unfair business practices in violation of the Unfair Competition law, California


556511.1 90000/00007


11/18

CLARKE

1 Business & Professions Code section 17200, et seq.2 46. As a result of defendants' unfair business practices, defendants have reaped3 unfair benefits and illegal profits at the expense ofplaintiff, the Plaintiff Class and4 members of the public. Defendants should be made to disgorge their ill-gotten gains and5 restore such monies to plaintiff and the Plaintiff Class.6 47. Defendants' unfair business practices entitle plaintiff and the Plaintiff Class7 to seek preliminary and permanent injunctive relief, including but not limited to, orders8 that the defendants account for, disgorge and restore to plaintiff and the Plaintiff Class the9 compensation unlawfully withheld from them, for the last four years together with interest

10 thereon, as well as costs, and reasonable attorneys' fees pursuant to statute including Code11 of Civil Procedure section 1021.5.12131415161718192021224Q

2 . : ~

2728

SIXTH CAUSE OF ACTIONCONVERSION (CAL. CIVIL CODE 3336,3294)

(By Plaintiff in her Individual Capacity and in her Capacity as Representative of allSimilarly Situated Members of the Plaintiff Class against all Defendants)48. Plaintiffrealleges and incorporates, by reference, as though fully set forth

herein, the allegations contained in paragraphs 1 through 47.49. The Labor Code and other applicable law provides that wages become the

property of the employees on the next pay day after they are earned. In failing to pay andretaining the wages owed to plaintiff and the Plaintiff Class on and after the next pay dayafter they were owned, Defendants wrongfully exercised dominion and control overmonies otherwise owed to plaintiff and the Plaintiff Class.

50. As a direct and legal result ofDefendants actions, plaintiff and the PlaintiffClass have been damaged in amounts to be proven at trial.

51. Defendants' conduct, in converting the pay owed to plaintiff and the PlaintiffClass, pursuant to practices and policies that Defendants knew violated applicable law, waswillful, malicious, oppressive and done with conscious disregard ofplaintiff's rights andthe rights of the Plaintiff Class, entitling plaintiff and the Plaintiff Class to punitive


556511.1 90000100007


12/18

' 1 damages,2 PRAYER FOR RELIEF3 WHEREFORE, plaintiff prays for judgment as follows:4 1. That the court determine that all causes of action may be maintained as a class5 action;6 2, For injunctive relief to stop defendants' illegal practices relating to the7 payment of overtime wages as described above;89

3,4.

For general and compensatory damages, according to proof,For restitution of all monies due to plaintiff and the Plaintiff Class and

10 disgorgement of profits from the unlawful business practices of defendants,1112

5,6,

For waiting time penalties pursuant to California Labor Code section 203,For penalties pursuant to California Labor Code section 557, and all other

13 applicable labor code sections, industrial wage orders and/or employment law and14 regulations;15 7, For interest accrued to date;16 8, For costs of the suit incurred herein;17 9. For loss of earnings, according to proof;18 10. For punitive damages and exemplary damages, according to proof;19 11. F or attorneys' fees and costs pursuant to California Labor Code sections20 218.6 and 1194, California Code of Civil Procedure section 1021.5; and21 12. For such other and further relief that the court may deem just and proper.221;3 Dated: February 4, 200824

262728CLARKE

55651 l. l 90000/00007

KNAPP, PETERSEN & CLARKE

By:Andn! E. Jar 'n iAttorneys for ntiAUSTIN GRAY, ndividua1, onbehalf of herself and all otherssimilarly situated



13/18

OR PARTY WITHOUT ATTORNEYE. J a r d i n i , Esq.KNAPP, PETERSEN & CLARKE500 No r t h Brand Bou leva rd20 th F loo rGlenda le , CA 91203

TELEPHONE NO., (818) 547-5000

and address):

FAX NO.' (818) 547-5329SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

STREET ADDRESS, 111 Nor th Hill S t ree tMAILING ADDRESS: same

CITY AND ZIP CODE: Los es , CA 90012CASE NAME: AUSTIN GRAY V. AT&T, ET AL.

ONLYFILED R C . o m ~ ' J : LOS ANGELES S'l.TPft1l.10H_B () 'i ~ Q l l 8

CIVIL CASElC Unlimited Complex Case Designation CASE NUMBER,! . oJ Counter D JoinderFiled with first appearance by defendant JUDGE,(Cal. Rules of Court, rule 3.402) DEPT,

Items 1-6 below must be com leted (see instructions on page 2).1. Check one box below for the case type that best describes this case:Auto Tort

_ . _ ~ Auto (22)' ____ Uninsured motorist (46)Other PIIPDIWD (Personal Injury/PropertyDamageIWrongful Death) Tort.- --.J Asbestos (04). _ ~ Product liability (24)

0.' Medical malpractice (45); Other PI/PDIWD (23)

Non-PI/PDIWD (other) TortBusiness tort/unfair business practice (07)Civil rights (08)

0 Defamation (13)Fraud (16)Intellectual property (19)Professional negligence (25)

.__ Other nonPIIPDIWD tort (35)

Contract[ ~ ~ - - 1 Breach of contractfwarranty (06)L_J Rule 3.740 collections (09)L_ j Other collections (09)i ~ j Insurance coverage (18)L_ .j Other contract (37)Real Property1--- --j Eminent domainllnversecondemnation (14)! ~ - - - - = Wrongful eviction (33)_ _ Other real property (26)Unlawful DetainerLJ Commercial (31)l-.J Residential (32)L_J Drugs (38)Judicial ReviewI I Asset forfeiture (05)

Employment L __ Petition re: arbitration award (11)'_ _ Wrongful termination (36) '_._ Writ of mandate (02)=XJ Other employment (15) r--- -- Other judicial review (39)

Provisiona\ly Complex Civil Litigation(Cal. Rules of Court, rules 3.400-3.403): ' AntitrustiTrade regulation (03)L_ Construction defect (10),---] Mass tort (40)11 Securities litigation (28)J EnvironmentalfToxic tort (30)'=:J Insurance coverage claims arising from theabove listed provisionally complex casetypes (41)Enforcement of JudgmentCJ Enforcement of judgment (20)Miscellaneous Civil ComplaintLJ RICO (27)C ] Other complaint (not specified above) (42)Miscellaneous Civil PetitionD Partnership and corporate governance (21)D Other petition (not specified above) (43)

2. This case is _X, is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark thefactQc'Uequiring exceptional judicial management:a . ' 'Large number of separately represented parties d. D Large number of witnessesb. Extensive motion practice raising difficult or novel e. L:J 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. : Substantial amount of documentary evidence f. D Substantial post udgment judicial supervision3. Remedies sought (check all that apply): a. I X'Oj monetary b. on nonmonetary; declaratory or injunctive relief c. [X.] punitive4. N u m b ~ r of causes of action (specify): S ix

-015.)5. This . ~ a s e IX ] is [0.0. is not a class action suit. &6. If t h ~ . r r . ' are any known related cases, file and serve a notice of related case. y: u rnaDate: F'.E;:bruary 4, 2008 . .Andrel.,E. J a r d i n i , Esg. __ =-- - ; ' = = k ~ ~ = d - = = = = = = , - - - - -; : ; (TYPE OR PRINT NAME) (SIGNAT E OF PARTY 0 ATTORNEY FOR PARTY)

NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except sma 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 allother 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.

Form Adopted for Mandatory UseJudicial Council of CaliforniaeM-OtO [Rev. July 1, 2007]

Pae1of2CIVIL CASE COVER SHEET Legal cal. R,le,,'C,,", coles 2.30.3220, 3.400-3.403, 3.740,Solutlbns- Cal. Standards of JudiCial Administration, sid. 3.10~ P j u s


14/18

INSTRuc6s ON HOW TO COMPLETE' THE COVIA iHEET. '. . CM-010To Plaintiffs and Others Filing First p a ~ . If you are filing a first paper (for e x a m p l ~ complaint) in a civil case. you mustcomplete and ~ I e . along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile. staffstics 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 fils 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, itscounsel, or both to sanctions under rules 2.30 and 3.220 of the Califomia 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 money owedin a sum stated to be certain that is no t more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in whichproperty, 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 of attachment.The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-far-servicerequirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subjectto 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 EXAMPLESAuto TortAuto (22)-Personallnjury/PropertyDamagelWrongful DeathUninsured Motorist (46) (if thecase involves an uninsuredmotodst claim subject toarbitration, check this iteminstead of Auto)Other PIIPDIWD (Personal InjurylProperty DamagelWrongful Death)TortAsbestos (04)Asbestos Property DamageAsbestos Personallnjuryl

Wrongful DeathProduct Liability (not asbestos ortoxic/environmental) (24)Medical Malpractice (45)Medical MalpracticePhysicians & SurgeonsOther Professional Health CareMalpracticeOther PIIPDIWD (23)Premises liability (e.g., slipand fall)Intentional Bodily Injury/PDIWD(e.g., assault. vandalism)Intentional Infliction ofEmotional DistressNegligent Infliction ofEmotional DistressOther PI/PDIWD

Non-PIIPDIWD (Other) TortBusiness Tort/Unfair BusinessPractice (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-PI/PDIWD Tort (35)EmploymentWrongful Termination (36)Other Employment (15)CM-010 [Rev. July 1, 20071

ContractBreach of ContractlWarranty (06)Breach of RentallLeaseContract (not unlawful detaineror wrongful eviction)ContracUWarranty Breach-SellerPlaintiff (not fraud or negligence)Negligent Breach of Contract!WarrantyOther Breach of ContractiWarrantyCollections (e.g., money owed, openbook accounts) (09)Collection Case-Seller PlaintiffOther PromiSSOry Note/CollectionseaseInsurance Coverage (not provisionallycomplex) (18)Auto SubrogationOther CoverageOther Contract (37)Contractual FraudOther Contract Dispute

Real PropertyEminent DomainllnverseCondemnation (14)Wrongful Eviction (33)Other Real PropertY (e.g quiet title) (26)Writ of Possession of Real PropertyMortgage ForeclosureQuiet TitleOther Real Property (not eminentdomain, landlordltenant, orforeclosure)Unlawful DetainerCommercial (31)Residential (32)Drugs (38) (if the case involves illegaldrugs, check this item; otherwise,report as Commercial or Residential)

Judicial ReviewAsset Forfeiture (05)Petition Re: Arbitration Award (11)Writ of Mandate (02)Writ-Administrative MandamusWrit-Mandamus on Limited CourtCase MatterWrit-Other Limited Court Case

ReviewOther Judicial Review (39)Review of Health Officer OrderNotice of Appeal-LaborCommissioner AppealsCIVIL CASE COVER SHEET

Provisionally Complex Civil Litigation (Cal.Rules of Court Rules 3.400-3.403)AntitrusllTrade Regulation (03)Construction Defect (10)Claims Involving Mass Tort (40)Securities Litigation (28)EnvironmentalfToxic 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 (nondomestic relations)Sister State JudgmentAdministrative Agency Award(not unpaid taxes)Petition/Certification of Entry ofJudgment on Unpaid TaxesOther Enforcement of JudgmentCaseMiscellaneous Civil ComplaintRICO (27)

Other Complaint (not specifiedabove) (42)Declaratory Relief OnlyInjunctive Relief Only (non-harassment)Mechanics LienOther Commercial ComplaintCase (non-tortlnon-complex)Other Civil Complaint(non-Iortlnon-complex)

Miscellaneous Civil PetitionPartnership and CorporateGovernance (21)Other Petition (nol specifiedabove) (43)Civil HarassmentWorkplace ViolenceElder/Dependent AdultAbuseElection ContestPetition for Name ChangePetition for Relief from LateClaimOther Civil Petition

Page 2 of 2


15/18

SHORTTITLE, GRAY V. AT&T

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)This form is required pursuant to LASC Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court.Item 1. Check the types of hearing and fill in the estimated length of hearing expected for this case:

JURY TRIAL? Xi YES CLASS ACTION? I X I YES UMITEDCASE? D Y E S TIME ESTIMATED FOR TRIAL 10 II HOURS! :)[1 DAYSItem II. Select the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to Item 111, Pg. 4):Step 1: After first completing the Civil Case Cover Sheet Form, find the main civil case cover sheet heading for your case inthe left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected.Step 2: Check Qillt Superior Court type of action in Column B below which best describes the nature o f this case.Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have checked.For any exception to the court location, see Los Angeles Superior Court Local Rule 2.0.

Applicable Reasons fo r Choosing Courthouse Location (See Column C below)1. Class Actions must be filed in the County Courthouse, Central District. 6. Location of property or permanently garaged vehicle.2. May be filed in Central (Other county, or no Bodily Injury/Property Damage). 7. Location where petitioner resides.3. Location where cause of action arose. 8. Location wherein defendant/respondent functions wholly.4. Location where bodily injury, death or damage occurred. 9. Location where one or more of the parties reside.5. Location where performance required or defendant resides. 10. Location of Labor Commissioner Office.

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

0-'"'"l_: l'-0>C0

'"'"E'"0

ACivil Case Cover SheetCategory No.

Auto (22)Uninsured Motorist (46)

Asbestos (04)

Product Liability (24)

Medical Malpractice(45)

OtherPersonal Injury

Property DamageWrongful Death

(23)

."Business Tort (07),c_Ci-iI1;Rights (08)

..-Del"),,ation (13)>:;-._--Fraud (16)

LACIV 109 (Rev. 01/07)LASe Approved 0304

-I,

I --------l1 - - ,:____ J----- - - ~

~ - , ----.

-

! ~ ' ,----.

------,-lC

BType of Action(Check only one)

A7100 Motor Vehicle - Personal Injury/Property Damage/Wrongful DeathA7110 Personal Injury/Property DamageiWrongful Death - Uninsured MotoristA6070 Asbestos Property DamageA7221 Asbestos - PersonallnjurylWrongful DeathA7260 Product Liability (not asbestos or toxic/environmental)A7210 Medical Malpractice - Physicians & SurgeonsA7240 Other Professional Health Care MalpracticeA7250 Premises Liabili ty (e.g., slip and fall)A7230 Intentional Bodily Injury/Property DamageiWrongful Death (e.g.,

assault, vandalism, etc.)A7270 Intentional Infliction of Emotional DistressA7220 Olher Personal Injury/Property DamageiWrongful Death

A6029 Other Commercial/Business Tort (not fraud/breach of contract)A6005 Civil RightslDiscrimination

A6010 Defamation (slander/libel)

A6013 Fraud (no contract)

CIVIL CASE COVER SHEET ADDENDUMAND STATEMENT OF LOCATION

CApplicable ReasonsSee Step 3 Above

1.,2.,4.1.,2.,4.

2.2.1.,2.,3.,4.,8.

1.,2.,4.1.,2.,4.

1.,2.,4.

1.,2.,4.1.,2.,3.1.,2.,4.

1.,2.,3.

1.,2.,3.

1.,2.,3.

1.,2.,3.

LAse, rule 2.0Page 1 of 4LA-461


16/18

[SHORT TITLE: GRAY V. AT&T-C.E.0U0-m'"0-"0

'E..

Q.Ew

'Eo( )

[e

'"" !

-

ACivil Case CoverSheet Category No.ProfessionalNegligence

(25)Other (35)

Wrongful Termination(36)Other Employment

(15)

Breach of ContracVWarranty(06)

(not insurance)

Collections(09)

Insurance Coverage(18)Other Contract

(37)

EminentDomain/InverseCondemnation (14)Wrongful Eviction(33)

Other Real Property(26)

Unlawful Detainer-Commercial (31)Unlawful Detainer-

Residential (32)Unlawful Detainer -Drugs (38)

Asset Forfeiture (05)

Petition re Arbitration (11)

, LACIV'109 (Rev.,Q1/07)LASC Approved 03-04

__J--,---

-----,

-JL

-- ------,'-.-- -

------

-----,

- - - - ~

.----",- - - ~

- - --~ - - - ~

.------- - -

~ - - ;

-- ----- -- -

-- - - - - -

---

------

-- - --

- -- -

I ASE NUMBERBType of Action(Check only one)

A6017 Legal MalpracticeA6050 Other Professional Malpractice (not medical or legal)A6025 Other Non-Personal Injury/Property Damage tort

A6037 Wrongful TerminationA6024 Other Employment Complaint CaseA6109 Labor Commissioner AppealsA6004 Breach of Rental/Lease Contract (not Unlawful Detainer or wrongfuleviction)A6008 ContractIWarranty Breach -SelJer Plaintiff (no fraud/negligence)A6019 Negligent Breach of Contract/Warranty (no fraud)A6028 Other Breach of ContractIWarranty (not fraud or negligence)A6002 Collections C a s e ~ S e l i e r PlaintiffA6012 Other Promissory Note/Collections Case

A6015 Insurance Coverage (not complex)A6009 Contractual FraudA6031 Tortious InterferenceA6027 Other Contract Dispute(not breachlinsurance/fraud/negligence)

A7300 Eminent Doma in/Condemn ation Numb er of parcels ___

A6023 Wrongful Eviction CaseA6018 Mortgage ForeclosureA6032 Quiet TitleA6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure)

A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction)

A6020 Unlawful D e t a i n e r ~ R e s i d e n t i a l (not drugs or wrongful eviction)

A6022 Unlawful Detainer-Drugs

A6108 Asset Forfeiture Case

A6115 Petition to Compel/ConfirmNacate Arbitration-- --.VIL CASE COVER SHEETADDEN. ,.AND STATEMENT OF LOCATION

CApplicable Reasons- See Step 3 Above1.,2.,3.1.,2.,3.

2.,3.

~ r ; F J 1.,2.,3.10.

2.,5.2.,5.1.,2.,5.1.,2.,5.

2 . 5 . 6.2.,5.

1.,2.,5.,8.

1.,2.,3.,5.1.,2.,3.,5.1.,2.,3.,8.

2.

2.,6.2.,6.2. ,6.2.,6.

2.,6.

2.,6.

2.,6.

2.,6.

2.,5. ----

LAse, rule 2.0Page 2 014


17/18

.c:' 0


18/18

[SHORTTITLE GRAY V. AT&T I ASE NUMBERItem III. Statement of Location: Enter the address of the accident, party's residence or place of business, performance, orother circumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected.REASON: CHECK THE NUMBER UNDER COLUMN C WHICH APPLIES IN THIS CASE ADDRESS:]C1. X'2. ,iC3. -:4. 15. = 6 . =7. [ J a . 9. 1:::J10. 1010 Wi lsh i re BoulevardCITY: STATE: ZIP CODE:Los Angeles CA 90017

Item IV. Declaration ofAssignment: I declare under penalty of perjury under the laws of the State of California that theforegoing is true and correct and that the above-entitled matter is properly filed for assignment to the Los Angeles

courthouse in the Cent ra l District of the Los Angeles Superior Court(Code Civ. Proc., 392 et seq., and LASC Local Rule 2.0, subds. (b), (c) and (d)).

Dated: February 4. 2008.--

OF ATTORNEY/FILING PARTY)ANDRE E. AlroUrI

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TOPROPERLY COMMENCE 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 form CM-010.4. Complete Addendum to Civil Case Cover Sheet form LACIV 109 (Rev 01/07), LASC Approved 03-04.5. Payment in full of the filing fee, unless fees have been waived.6. Signed order appointing the Guardian ad Litem, JC form FL-935, if the plaintiff or petitioner is a minorunder 18 years of age, or if required by Court.7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum

must be served along with the summons and complaint, or other initiating pleading in the case.

. , JCIV 1tl9 (Rev. 0>107)LASe A p ~ r o v e d 0304 ell CAS.E COVER SHEET ADDEND.AND STATEMENT OF lOCATION LAse, rule 2.0Page 4 of 4

At t Overtime Pay Cal Complaint

Documents

Transcript of At t Overtime Pay Cal Complaint