EXHIBIT A · 28-Jul-2017 16:Z1 Gaines Law Firra A 1:_,J C) 8107838984 p.Z SUMMONS SUM·100...

EXHIBIT A

EXHIBIT A

Case 2:17-cv-06488 Document 1-1 Filed 09/01/17 of 21 Page ID #:11

28-Jul-2017 16:Z1 Gaines Law Firra A 1:_,J

C) 8107838984 p.Z

SUMMONS SUM·100

(CITACION JUDICIAL)

NOTICE TO DEFENDANT: WESTLAKE WELLBEING PROPERTIES, (AVISOAL DEMANDADO): LLC, a Delaware limited liability company, FOUR SEASONS HOTELS LIMITED, a Canada corporation, and DOES l through 10, inclusive

YOU ARE BEING SUED BY PLAINTIFF: SCOTT EDELSTEIN, STEVEN (LO ESTA Df:MANDANDO EL DEMANDANTE): BROOKS, individually and on behalf of all similarly situated individuals

FOil COUFiTUSEONlV (SOW PARA USO Ol:LA CORTE)

CONFORMED COPY ORIGINAL FILED

Superior Court o1 Ca!iforn1a County of Los Angeles

JUL 2 B 2017

Sherri R. Carter, Executive 01ficer1Cletk By: Ricardo Perez, Deputy

NOTICE! You have been stied. The court may decide against you w"'1out Vollf being heard unless you respond wilhln 30 days. Read Illa information llelOW.

You have 30 CALENDAR DAYS after this summons ;md legal papers are serwd on you to file a written msponse at this coun and luMI a copy QGl'Ved on the plaintiff. A letter or phone calJ wm not protect you. Y011rwritten re$portSe must be in proper legat form if you want the oourt lo hear your case. There may be a court lorm that you can use ror )'<lur resJ)llnse. You can find these oourt fonns and more lnfonnatlon at the California Courts Onlln& Self.Help Center (www.oourtinfo.co,govlsellhelp}, your county law l!braJY, or ttlt!I courthouse neamst you. If you cannot P•Y the filing fee, ask the court cierk for a fee waiver form. If you do not file your N$p0nse on tfme, you may SOsa the case by defau•1 and your wages, money, and property may be takett without furthl!M" warning from the court.

Thf>re me other legal requirements. You may want to call an attotney fight away. If you do not kll9W an attorney, you may w.mt to ca~ an atiomey referral service. 11 you cannot ~ffOfd an atto:ney, you may be eligibte fer free legal service& from a nonprofit legal services pmgram. You can locate these nonprofit groups at tho Calilomia Legal Services Web sltlo (www.lawhe/pca/lfomle.of!I). the C.lifomia courts Onllne Self-Help Center (www.coul1info.ca.gov/selfholp), or by contacting your local court or ctlunty bar association. NOTE: The court has a statutory lien for waived fees and cost• on any sa!tlemOfll or erblllBtion award ol $10,000 or mor& In a civil cose. The courfs lhln must l>e pal<! before the court \Mlt dismiss the case. 1AVISOI Lo handemandado. $1 no ro$!>0nde dentro de 30 dlas. la corle pueds -•n su contra 3ln oscucharsu 11111Sian. L"" la ir1fomlseilln a continuaci6n

J1ene 30 DIAS DE OALENDARIO do.spu(Js de qu• ls entmguan esta cilsc/6n y papele$ /egates psra prossnlar una J&plJesls par osorito en esiS oorte y hacer que 3fl tmltegue una cop/a Ill demttndante. Una cart a o lJfflJ JfsmacJIJ telefOnlca no 10 protagan. Su raspuesta por escrita tiemt que estsr an h>nnato legal oonecto st de sea que procesan su ceso en le OO!lo. E:s po$ible que hsya 1111 fotmulsno quo listed pueda u..r psrn ""respuesta. Puerte encontrar ·~ rormui.rtos rte ta corlfl y imls lnlblmaciUn en el cantro rte A)'Uda rte his Cortfls 09 CllflfomlB iw.w.suoortll.«1.gov), en ra bibiiol8ca d• teyos de su r:ondado o .,, /8 COl11' que le qUllde mils cerca. Si no puocle pagar la cuol• de ,......,,mcmn, pkle el swetalio de la cone que Is dB un formulor/O de exenc/00 de pago de cuotas. SI no Pf"S811la su ""'1JIJf'sl• e liempo, pueda pordrJT et caso par incumpl/mJonto y /8 cotlB le podt6 quitar .su !usJdo, dinem y bienes m mes advatte1tt1it.t. Hay otros requis./tN 16ga#;Js. Es mcomsndsble qtl9 UamtJ a un abcgada lflmBdiatamento. SI no co.noes a un abogod.o, pUOde llemar a un ssrvlt:lo da

remtsidn s abogados. Si no puode psgar a un abogado. ""1XJs/bla Qlltl cump/B con m requio/tos para obtenor wrv/cios tegsms tlflfuilos de un programs de selVicios legales sin finss d& /U(;(O. Puede encantrar BS100 gl1J/Xl$. sin fintM dtJ h!CIO en el s;m, wsb de CsJifomia Legal Ssrvice:t, l\VWVf.lawhelj>calilomla.otgJ, en el Cen/ro de Ayuda de tss Co!tes de Calililmla, (www.suoorte.ca.g<W} open- en contacto can la cOl18 o et colegia de sbogados locales. AV/SO; POr l&y, la corte liene dorecho • reclarrrlJI las cuol8$ y los costos ••snlas wr impot/'1r l1ll gnwamen sobta cuaiqu/9r f6CUpereci6n de $10,000 6 mas de _, 19C/bkla medianta un scuenJo o una c:onotJs!On Ii<> arll/IJ'aje en un """° de de"""'° civil 1ion• que pegar el .....,.vamen de la corte antes de "UB Is CfJrifJ ""Bda desechar el C8SO.

1 ne name and aaaress OT me coull 1s: CASI'"""'""'' B C 6 6 (El nombre y direcci6n de la cotte es): l""""'"""c.;.,, 9 6 4 6 Superior Court of the State of California 111 North Hill Street

Los Angeles, California 90012 The name, addrass, and telephone number of plaintiffs attorney, or plalnlill without an attorney, Is: (S nombn>, /e direccidn y el nrlmem de teit!fono de! obogado de/ demandante. ode/ damandante que no Ilene abogado, es): Alex P. Katofsky, Esq. (SBN 202754) 818-703-8985 818-703-8984 Gaines ~ Gaines, APLC 27200 Agoura RoadL Suite 101 Calabasas, CA 91~01

~-:/ JUL 2 B 2017 SHERRI R. CARTER ~~,;,~:11-oJ ____ R_IC-~-R-O_O_P_f.R_E_Z_. ~=to/ (For proof of aervice of this summons, use PrlX>f of Service of Summons (frmn POS-010).) (Para proeba de entrega de es/a cilali6n use el formulario Proof of Service of Summons, (POS.()10)).

{SE.ALI

FOlltl Al:roFlled fot Mandalorv Uta JOOtcial COl..ftdl at Cdifomta SUM·100 f.RO't. July t, 20091

NOTICE TO THE PERSON SERVED: You are served 1. D as an individual defendant 2. D as the person sued under the fictitious name of (specify):

3. D on behalf of (specify):

under: D CCP416.10(corpora1ion) D CCP 416.00 (minor)

D CCP 416.20 (defunct cotpOratlon) D CCP 416.40 {association or partnership) D other (specify);

D CCP 416.70 {conservatee) D CCP 416.90 (authorized person)

4. D by personal delivery on (dare):

SUMMONS 13:33:53 2017-07-28 So~u;

~'Pfiis

Page 1 oft

Exhibit A -9-


28-Jul-2017 16:22 Gaines La1J Firm

ATTORNEYMPARlYWfllfOUT ATTORNEY {Ndmrt. Stt11e8Drnumbor, ;;mrJat1dtes$J·

!""""Alex !'. Katofsky, Esq. (SBN 202754) Gaines & Gaines, APLC 27200 Agoura Road, Suite 101

Calabasas, CA 91301 ffiEPHONENO., 818-703-8985 FMNCl 818-703-89$4

ATIORN""'FOA.11.t Plaintiffs ~c~·t edet -~ei"' """'d s~ ... ven srcok!;

8187038984

FOR' COtJRT USE OllL Y

FILED Superior Court of California

County of Los Angeles

JUL 2 8 2017 SUPeRJOR COURT OF CALIFORNIA, COUN"IY O!' Los Ange 1 es

srnEETADORess-111 North Hill Street W<U.r•GAOo•ess, ! ern "Carter E~-icer/Clerk

CnYM101.1Pcooe Los Angeles, California 90012 y ~ '/). _ Deputy t---'BIWl=""Cli._NAM=;E'"'S-'t"'a"'n'"'l'"'e""'v'-'M"-o=s,_,k__,.C"'O"'U"'r'-'t"b.,o"u"'s"e""------------1 Ric•rcto rez

CASE NAME Edelstein, !lrooks v. Westlal<e Wellbeing Properties, et al.

CIVIL CASE COVER SHEET Complex case DesignaHon CllSE NUMB•'.!,. ,.. A - Q A • A

W Unlimited D limited D Counter D Joinder LJ • - Ii "' "' /1 ti ~~';:,':',;J~d ~':,~~~ is Filed wilh first appearance by defendant JUDGE

exceeds ~i"25 0001 $25 ooo or less' (CaL Rules of Court. rule 3.402) oePr

- -Items l.fi below must be CIJ~"'eted tsee ins/11/ctions on naae 2).

1. Ch&ck one bo• below for the case type that best desclibes this case: Auto Tort Contract

BAUlQ (<2) 0 Bfeacl\ of con1taCl/warran1y (06)

Uninsured mototil!t (46) D Role 3. 740 coQeciions (09) 0-r Pl/POIWD (Po"'onal lnju~IPmperty O Other ccllectrons (09) Dama9'11WrongfUI Death) Tort 8 Insurance coverage (18) D Asbestos (04) other contmct (37) D Product 1iabi1~y c24 > Roal -,..riy D Medical malpractita {45) 0 Eminent damain/lnv~se 0 other PllPCIWO (23) condemnation (14)

Non.PUPO/WO (other) Tort D Wrongful eviction (33) D Bu•iness tortlunfalf busioeSs practice (07) D other real property (26)

D Civil rights (08) Unlawful Detainer D Defamation (13) 0 Comrnerclal (31) D Fraud (16) 0 Ro•ldential (32}

D lntelle<tual property (19) 0 Drugs (Ml 0 Professional negligence (25) Jurllclal Review

0 other non·P~POIWD tort (35J 0 Asset fortetture (05) Employment 0 Petition re: arbitration award (11) 0 Wrongful tennination {3&) 0 Wr~ of mandala (02) D Other employment (15) D Other judicial review (39)

Provlslonally Complex CMI LIUgation (Cal. Rul8$ of Court, rules 3.<IG0-3.403)

D Anlitrust!Trade ragulalion (03) D Construction dofeet (10)

D Mass tort (40) 0 Securitles litigation (28)

D Environmonml/Toxie tort (30)

D lnsuranoo coverage claims arising from the above listed provisionally complex case typ9(41)

Enfore<tment of Jurlgment

0 Enforcement of judgment (20) Mlscellan«>us Civil Complaint

D RIC0(27)

GU Other complaint {not SfJ6C/f/&d above) (42)

MISCAffan90U& CtvH Petition

CJ Pertnerslllp and corporate govemanoo (21) 0 Other petition (not spsaifiad above) (43)

2. This case LJ is W Is not complex under rule 3.400 of the California Rules of Court. If the case is complex. maik the fac\!!ruequifing exceptional judicial management a. LJ Large number of separalely represented parties d. D Large number of witnesses b. 0 Extensive motion practice raising difflcull or novel e. D Coordination with related actions pending in one or more courts

issues that will be time-consuming to resolve in other counties. states, or countrles, or in a federal court c. 0 Substarltial amount of documentary evidence f. CJ Substantial postjudgment judicial supervision

3. Remedies sought (check au that apply): a. W monetary b. GU nonmonetaly; declaratory or Injunctive relief c. D puniUve

4. Number of causes of action (specify): One 5. This case W is D is not a class action sutt. 6. If 111ere are any known related cases, file and serve a natlce of related case. (You may use f0171I CM-015.) Date: 7/27/2017 11. Alex P. Katofsky. Esq. (SBN 202754) ~~-"<1.4:~""",g,.,~~~bf:l!,Q,,~<,./,,.,,,,.=-~~~

~~OR PRll't1 NAMfiJ

NOTICE • Plaintiff must file this cove1 sheet with lhe first paper filed in the action or proceeding (except small claims cases or cases filed

under the Probate Code, Family Code, or Welfam and lnstilutians Code). (Cal. Rules of Court. rule 3.220.) Failure to fde may result in sandlons .

• File this cover sheet in addition to any cover sheet required by local court rule. • If lhiscase is complex under rule 3.400 et seq. of lhe Galifornia Rules of Court, you must senie a copy of this cover sheet on all

o1her parties to the action or proceeding. • Unless this i& a collections case under rule 3. 7 40 or a comp le• case. this cover sheet will be used for statistical purposes only.

F°Of?JI Aaoptsd kt' Mandat<lry uso Ji.GICilll Council of Cillifomia CM-OH:! {Rav July 1, ZOOT]

p 1&'2

CIVIL CASE COVER SHEET* c.r."""""'""''"""'·""•-""·'-400-3'°"·"""' Wl $" Cill SttwlardsQf Jutfe181.Aa111inillllatm. std. 3.10

13:33:53 2017-07-28 ~

p.3

Exhibit A -10-


INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010

To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type 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 cover sheet 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 money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment wlit 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 lime-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 colleclions case 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 the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that

the case is complex. CASE TYPES AND EXAMPLES

Auto Tort Auto (22)-Personal Injury/Property

DamageNVrongful Death Uninsured Motorist (46) (if the

case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto)

Other PllPDIWD (Personal Injury/ Property Damage/Wrongful Death) Tort

Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/

Wrongful Death Product Liability (not asbestos or

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

Medical Malpractice-Physicians & Surgeons

Other Professional Health Care Malpractice

Other PllPDNVD (23) Premises Liability (e.g., slip

and fall} Intentional Bodily Injury/PD/WO

{e.g., assault, vandalism} lntentlonal Infliction of

Emotional Distress Negligent Infliction of

Emotional Distress Other PllPDNVD

Non-PllPDIWD (Other) T Ort Business Tort/Unfair Business

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

false arrest) (not civil harassment) (08)

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

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

Legal Malpractice Other Professional Malpractice

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

Employment Wrongful Termination (36) Other Employment (15)

CM-010fRev. July 1, 2007J

Contract Breach of Contract/Warranty (06)

Breach of Rental/Lease Contract (not unlawful detainer

or wrongful eviction) Contract/Warranty Breach-Seller

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

Warranty Other Breach of Contract/Warranty

Collections (e.g .• money owed, open book accounts} (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections

Case Insurance Coverage (not provisionally

complex) (18) Auto Subrogation Other Coverage

Other Contract (37) Contractual Fraud Other Contract Dispute

Real Property Eminent Domain/Inverse

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

Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlord/tenant, or foreclosure)

Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal

drugs, check this item; otherwise, report as Commercial or Residential)

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

Writ-Administrative Mandamus Writ-Mandamus on Limited Court

Case Matter Writ-Other Limited Court Case

Review other Judicial Review (39)

Review of Heatth Officer Order Notice of Appeal-Labor

Commissioner Appeals

CIVIL CASE COVER SHEET

Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403)

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

(arising from provisionally complex case type fisted above) (41)

Enforcement of Judgment Enforcement of Judgment (20)

Abstract of Judgment (Out ot County)

Confession of Judgment (non· domestic relations)

Sister State Judgment Administrative Agency Award

(not unpaid taxes) Petttion/Certification of Entry of

Judgment on Unpaid Taxes Other Enforcement of Judgment

Case Miscellaneous Civil Complaint

RICO (27) Other Complaint (not specified

above) (42) Declaratory Relief Only Injunctive Relief Only (non-

harassment) Mechanics Lien Other Commercial Complaint

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

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

Partnership and Corporate Governance (21)

Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult

Abuse Election Contest Petition for Name Change Petition for Relief from Late

Claim Other Civil Petition

Pag.i 2 of 2

Exhibit A -11-


28-Jul-2017 1&:21 Gaines Law Firm

Edelstein, Stephen Brooks v. Westlake OASENU"8ER

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION

81871138984

(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)

This form is required pursuant to Local Rule 2.3 in all new civil case filings in the Los Angeles Superior Court.

Step 1: After completing the Civil Case Cover Sheet (Judicial Council form CM-010). find the exact case type in Column A that corresponds to the case type indicated in the Civil Case Cover Sheet.

Step 2: In Column B. check the box forthe type of action that best describes the nature of the case.

Step 3; In Column C. circle the number wllich e~plains the reason for the court filing location you have chosen.

Applicable Reasons for Choosing Court Filing Location (Column C)

7. Location where f)f:titioner resides. Qiass actions must be ffled in tM Stanley Mosk Courthous.e. Cantr.al Dlstrict.

2. Permissive filing in central district.

<il.ocation where cause of a<:tlon arose.

s. Loc.ation wherein deferida11tlrespondEmf functions wholly.

\!Mandatory personal injuiy tiling in North Oistrid.

9. lAcation Where ona or more of the parties reside.

10. ~ocation of Labor Oqmmfosio-Office.

5. Location Where performance requfred or clereodant testdea. 11. Mandatory filing location (Hub Caset - uolawfuf detainer, limited non-colleotlon, limited calfeotl<>n, or peroonal injury).

6. L.tieaticm of property or permanently garaged vehide.

t {:. Aulo (22) 0

~ Uninsuted Motorist {46}

~ t: 8. .e

AsbestoS (04)

&! ~ Product LiabDlly (24)

"?!- £! E~ Medical Malpractice (45) - c ~ 2 5l ii: ~& Other Pdnonal ~ ~ Injury Property 8 ,g Damage Wrongful

Death (23)

1.ACIV 109 (Rev 2116)

LASC Approved 03-04

D A?IOO Motor Vehicle· Personal Injury/Property Damage/Wrongful Death 1,4, 11

D A'1110 Personal lnjuty/Property Oamege!W'Jongful Oeatf't - Uninsured Motorist 1, 4, 11

D A8070 Aobestos Property Damage

D A7221 Asbestos· Personal Injury/Wrongful Death

D A72SO Produt:t llallll1ty (not asbestos or toxic/environmental)

D A7210 Medical Malpractil:o ·Physician• & Surgeons

D A7240 otner Prof..,.ional Health care Malpractice

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

0 A7230 Intentional Bo<lily lnjury/Propet!y Damage'1Nrong!ul Death (e.g., assault, vandalism, ete.)

0 A7270 lntent1ona1 tnllletion of Emollonal Otstress

0 A7220 Other Personal Injury/Property Oamage/Wrongful Death


1. 11

1. 11

1, 4, 11

1, 4, 11

1. 4, 11

1. 4, 11

1. 4, 11

1, 4, 11

l,4, 11

Local Rule 2.3 Page1 of4

6

LA·CV10I>

13:33:53 2017-07-28

p.S

Exhibit A -12-


Brooks v. Westlake c•sENUMBER

i:'"" Business Tort (07) IZJ A6029 Other CommerciaVBusiness Tort {not fraud/breach of contract)

., {:: D A6005 Civil Rights/Discrimination Q..c Civil Rights (08) 1, 2, 3 E-a. ..

~~ Defamation (13) D A6010 Defamation (slander/libel) 1,2, 3 "' "' cm - c: D A6013 Fraud (no contract) CG e Fraud (16) 1, 2, 3 50': "' - D A6017 Legal Malpractice ~&

Professional Negligence (25) 1, 2, 3 0. "' .!: E D A6050 Other Professional Malpractice (not medical or legal) 1,2, 3 0 ., zc

Other (35) D A6025 Other Non-Personal Injury/Property Damage tort 1, 2, 3

c Wrongful Termination (36) D A6037 Wrongful Termination 1, 2, 3 .. E D A6024 Other Employment Complaint Case "' 1, 2, 3 0

Other Employment (15) ii D A6109 Labor Commissioner Appeals E 10 w

D A6004 Breach of RentaULease Contract (not unlawful detainer or wrongful 2,5

Breach of Contract/ Warranty eviction)

(06) D A6008 ContracVWarranty Breach -Seller Plaintiff (no fraud/negligence)

{not insurance) D A6019 Negligent Breach of ContracVWarranty (no fraud)

D A6028 Other Breach of ContracVWarranty (not fraud or negligence)

tl D A6002 Collections Case-Seller Plaintiff ., Collections (09) ~ D A6012 Other Promissory Note/Collections Case 0 D A6034 Collections Case-Purchased Debt (Charged Off Consumer Debt ()

Purchased on or after Janua 1, 2014

Insurance Coverage (18) D A6015 Insurance Coverage (not complex)

D A6009 Contractual Fraud

Other Contract (37) D A6031 Tortlous Interference

D A6027 Other Contract Dispute(not breachfinsurance/fraudinegligence)

Eminent Domain/Inverse D A7300 Eminent Domain/Condemnation Number of parcels ___

"' Condemnation (14)

10 .. Wrongful Eviction (33) D A6023 Wrongful Eviction Case CL e c.

<ii D A601 B Mortgage Foreclosure ~ Other Real Property (26) D A6032 Quiet Title

CJ A6060 Other Real Property (not eminent domain, landlord/tenant. foreclosure)

- Unlawful Detainer-Commercial D A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) " ~ (31)

0 Unlawful Detainer-Residential D A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)

I (32)

Unlawful Detainer- D A6020F Unlawful Detainer-Post-Foreclosure Post-Foreclosure (34) :::> D A6022 Unlawful Detainer-Drugs Unlawful Detainer-Drugs (38)

LACIV 109 (Rev 2/16)

LASC Approved 03-04


2, 5

1, 2, 5

1, 2, 5

5, 6, 11

5, 11

5, 6, 11

1, 2, 5, 8

1, 2, 3, 5

1, 2, 3, 5

1,2,3,8,9

2,6

2,6

2,6

2,6

2,6

6, 11

6, 11

2,6, 11

2,6, 11

Local Rule 2.3

Page 2 of 4

Exhibit A -13-


sHoRTTITlE' Scott Edelstein, Stephen Brooks v. Westlake c•sENVMBER

Wellbein

LACIV 109 (Rev 2/16)

LASC Approved 03-04


Local Rule 2.3

Page3of4

Exhibit A -14-


sH0Rn1rLEc Scott Edelstein, Stephen Brooks v. Westlake CASE NUMBER

Wellbein et al.

Step 4: Statement of Reason and Address: Check the appropriate boxes for the numbers shown under Column C for the type of action that you have selected. Enter the address which is the basis for the filing location, including zip code. (No address required for class action cases).

ADDRESS: Two Dole Road REASON:

l:XJ1.02.03.04.05.06.07.08.09.010.011.

CITY: STATE; ZfP CODE:

Westlake Villaae CA 91362

Step 5: Certification of Assignment: I certify that this case is properly filed in the Stanley Mosk District of the Superior Court of California, County of Los Angeles [Code Civ. Proc., §392 et seq., and Local Rule 2.3(a)(1 )(E)].

Dated: 7 /27 /2017 {SIGNATURE OF ATfORNEY/FIUNG PARTY)

Alex P. Katofsky, Esq.

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY 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, Judicial Council form CM-010.

4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev. 02/16).

5. Payment in full of the filing fee, unless there is court order for waiver, partial or scheduled payments.

6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is a minor 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 addendum must be served along with the summons and complaint, or other initiating pleading in the case.

LACIV 109 (Rev 2116)

LASC Approved 03-04


Local Rule 2.3

Page4 of4

Exhibit A -15-


ZB-Jul-2017 16:27 Gaines Law Firm

W»~\1?_ ~~~ KENNETH S. GAINES, ESQ. SBN 049045 [email protected] DANIEL F. GAINES, ESQ. SBN 251488 [email protected] ALEXP. KATOFSKY, ESQ. SBN 202754 [email protected] EV ANS. GAINES, ESQ. SBN 287668 [email protected] GAINES & GAINES, APLC 27200 Agoura Road, Suite l 0 I Calabasas. California 9l367 Telephone: (818) 703-8985 Facsimile: (818) 703-8984

FILED Su8erior Court of California

ounty of Los Angeles

JUL 2 8 2017 1

2

3

4

5

6

7

8

9

JO

Attorneys for Plaintiffs SCOTT EDELSTEIN and STEVEN BROOKS, individually and on behalf of all similarly situated individuals

11

12

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

13 SCOTT EDELSTEIN, STEVEN BROOKS,

14 individually and on behalf of all similarly CASE NO.: BC66BG46

15

16

17

situated individuals,

Plaintiffs,

v.

18 WESTLAKE WELLBEING PROPERTIES, LLC, a Delaware limited liability company,

19 FOUR SEASONS HOTELS LIMITED, a Canada corporation, and DOES I through 10,

20 inclusive,

21

22

23

24

25

26

27

28

Defendants.

CLASS ACTION COMPLAINT

JURY TRIAL DEMANDED

1A?t-30~ Hnvt 1\YIV'i I. JoY1e~

,,_ .... ~ ~ -t>t * 1J! 1:::1 0 !::-}

i.:1 0 Ci ::) '=1 i;::) •=I!::'\

X:G·.l 3.'.: ··:::·

' ·~· l ' ,_ :- ~

~; ~; l :1:.' l >)i

.. rn

Exhibit A -16-


Plaintiffs SCOTT EDELSTEIN and STEVEN BROOKS ("Plaintiffs"), on behalf of

2 themselves and all others similarly situated, complain of Defendants WESTLAKE

3 WELLBEING PROPERTIES, LLC, a Delaware limited liability company and FOUR

4 SEASONS HOTELS LIMITED, a Canadian corporation (collectively "Defendants") as

5 follows:

6 PARTIES AND JURISDICTION

7 I. Plaintiff SCOTT EDELSTEIN is and at all times relevant hereto was a resident of

8 New York, New York.

9 2. Plaintiff STEVEN BROOKS is and at all times relevant hereto was a resident of

10 Thousand Oaks, California.

11 3. Defendant WESTLAKE WELLBEING PROPERTIES, LLC, is a Delaware

12 limited liability company with a principal place of business in Westlake Village, California.

l3 Defendant WESTLAKE WELLBEING PROPERTIES, LLC owns the Four Seasons Westlake

14 Village.

15 4. Defendant FOUR SEASONS HOTELS LIMITED is a Canada corporation with a

16 principal place of business in Toronto, Canada. Defendant FOUR SEASONS HOTELS

17 LIMITED manages more than 30 hotels and resorts across the United States, including, but not

18 limited to, the Four Seasons Hotel Westlake Village.

19 5. Venue as to Defendants is proper in Los Angeles County Superior Court. The

20 violations occurred in Los Angeles County, California.

21 FACTUAL BASIS

22 6. In 2003, Congress passed, and the President signed, the Fair and Accurate

23 Credit Transactions Act ("FACT A") to assist in the prevention of identity theft and credit and

24 debit card fraud. In the statement provided by the President during the signing of the bill, the

25 President declared that:

26 This bill also confronts the problem of identity theft. A growing

27 number of Americans are victimized by criminals who assume

28 their identities and cause havoc in their financial affairs. With this

-1-CLASS ACTION COMPLAINT

Exhibit A -17-


2

3 7.

legislation, the Federal Government is protecting our citizens by

taking the offensive against identity theft.

A main provision of FACTA (codified as 15 U.S.C. § 168lc(g) of the Fair

4 Credit Reporting Act) provides that:

5 Except as provided in this subsection, no person that accepts credit

6 cards or debit cards for the transaction of business shall print more

7 than the last five digits of the card number or the expiration date

8 upon any receipt provided to the cardholder at the point of sale or

9 transaction. (Emphasis added.)

IO 8. By enacting section 1681 c(g), Congress made the determination that the

l I printing of receipts containing more than the last five digits of the credit or debit card number

12 or the card expiration date creates an unacceptable risk of identity theft and fraud to the

13 cardholders.

14 9. FACTA was signed into law on December 4, 2003, but did not become fully

15 effective until December 4, 2006. Despite this three-year window provided to merchants in

16 order to bring their point of sale machines into compliance with F ACTA, many merchants did

I 7 not become compliant and faced liability. In response, the Credit and Debit Card Receipt

18 Clarification Act of 2007 (the "Clarification Act") was enacted to provide additional time for

19 merchants to become compliant. The Clarification Act does not actually "clarify" anything; it

20 merely delayed liability for violations. In accordance with the Clarification Act, beginning

21 June 4, 2008, a merchant that prints more than the last five digits of the credit or debit card

22 number or a credit or debit card's expiration date on an electronically generated receipt given

23 to a customer is in violation ofFACTA. See 15 U.S.C. 168ln(d).

24 10. In 2017, Plaintiff Edelstein used his MasterCard credit card to pay for his hotel

25 stay at the Four Seasons Hotel Westlake Village. The receipt generated and provided to him

26 by Defendants contained more than the last five digits of the credit card account number and

27 the expiration date of his credit card, in violation of 15 U.S.C. § 168lc(g).

28


Exhibit A -18-


11. In 2017, Plaintiff Brooks used his Visa credit card to pay for his hotel stay at

2 Four Seasons Hotel Westlake Village. The receipt generated and provided to him by

3 Defendants contained more than the last five digits of the credit card account number and the

4 expiration date of his credit card, in violation of 15 U .S.C. § 1681 c(g).

5 12. Plaintiffs are infom1ed and believe, and based thereon allege, for some or all of

6 the time period beginning January I, 2015, if not earlier, through at least April 2017,

7 Defendants have provided non-compliant credit and debit card receipts through machines that

8 were provided to customers at the point of sale.

9 13. Despite having more than a decade to become compliant with FACTA,

10 Defendants have willfully violated this law and failed to protect Plaintiffs and others similarly

11 situated against identity theft and credit card fraud by printing more than the last five digits of

12 the account number and the expiration date on credit and debit card cardholders' receipts when

13 they transact business with Defendants.

14 14. Identity theft and fraud is a real ham1 and serious risk to consumers. In 2014,

15 12.7 million consumers were victims of identity thieves who collectively stole $16 billion,

16 according to Javelin Strategy & Research, a research-based consulting firm. The Federal Trade

17 Commission ("FTC") repo1ted in its March 1, 2016 press release that identity theft complaints

18 increased more than 47% from 2014 to 2015 and were the FTC's top category of reported

19 consumer complaints for 15 years until 2015 when debt collection complaints surged into the

20 number one spot due in large part to complaints delivered via a mobile application. See

21 https://www.ftc.gov/news-events/press-releases/2016/03/ftc-releases-annual-summary

22 consumer-complaints. In response to the widespread occurrence of identity theft and credit card

23 and debit card fraud, the FTC has a website providing in-depth information to the public and

24 resources for victims of cybercrimes. See e.g., https://www.consumer.ftc.gov/features/feature-

25 0014-identitv-theft and https://www.fie.gov/news-events/media-resources/identity-theft-and-

26 data-security. Printing the credit card or debit card expiration date on a receipt provides

27 criminals with critical data that is used to steal a person's identity or commit fraud, creating a

28 serious risk of ham1 to the consumer. Skilled criminals are able to use the last few digits of a


Exhibit A -19-


1 credit or debit card account number and certain predictive assumptions and computerized

2 mathematical formulas to determine the full account number. When provided with the card

3 expiration date, such criminals have the data needed to commit identity theft or credit or debit

4 card fraud. In addition, having those key pieces of personal data can provide criminals

5 sufficient credibility to engage in "phishing" email scams or pretext telephone calls through

6 which they are able to gather even more personal confidential data, such as bank account

7 numbers, social security numbers, date of birth, or employment data. Access to such

8 comprehensive personal data allows criminals to potentially obtain additional credit cards,

9 obtain loans for vehicles, obtain home mortgages, obtain a passport in the consumer's name,

I 0 and other similarly serious fraudulent acts that can cause serious harm to the consumer's

11 financial and personal life.

12 15. Adding to the complexity of identity theft and fraud is the fact that victims may

13 not know that they have a problem until long, sometimes years, after the crime occurs.

14 Consumers who suspect that their personal information has been disclosed improperly may

15 spend money and time enrolling in a credit monitoring service and watching and reviewing their

16 credit information. That effort may allow the consumers to learn of the theft or fraud sooner

17 rather than later, but it does not prevent the identity theft or fraud from occurring or repair the

18 resulting financial and personal damage.

19 16. Thus, a violation of FACT A's prohibition against the printing of more than the

20 last five digits of the credit/debit card account number or the expiration date on receipts presents

21 a significant risk of the exact harm that Congress intended to prevent-the unwanted

22 dissemination of sensitive infom1ation that could be exploited by an identity thief.

23 17. Defendants' printing of more than the last five digits of the credit/debit card

24 account nun1ber and the expiration dates on receipts has harmed Plaintiffs and other consumers

25 by failing to provide them with a receipt that does not contain their credit/debit card number and

26 expiration date and by exposing them to a serious risk of identity theft and fraud that could have

27 been avoided if Defendants had complied with their statutory obligations under F ACTA.

28


Exhibit A -20-


I 18. Defendants' violations of FACTA have banned Plaintiff and other consumers

2 by exposing them to a serious risk of identity theft and fraud that could have been avoided if

3 Defendants had complied with their statutory obligations under FACT A.

4 I 9. Defendants' violations of FACTA have harmed Plaintiff and other consumers

5 by requiring them to either secure their receipts in a safe place or destroy them to avoid the risk

6 of identity theft.

7 20. Plaintiffs, on behalf of themselves and all others similarly situated, bring this

8 action against Defendants based on Defendants' violation of 15 U.S.C. § 1681 et seq. and

9 Defendants' invasion of their rights under that statute to obtain a receipt at the point of sale that

I 0 does not contain more than the last five digits of the credit card account number or their

11 expiration date.

12 21. Plaintiffs seek, on behalf of themselves and the Class, statutory damages,

13 punitive damages, costs and attorneys' fees, all of which are expressly made available by

14 statute, 15 U.S.C. §§ 1681 et seq.

15 CLASS ACTION ALLEGATIONS

16 22. Plaintiffs bring this class action on behalf of themselves and all others similarly

17 situated pursuant to California Code of Civil Procedure § 382. In the remainder of this

18 complaint, Plaintiffs refer to the proposed Class as defined below in paragraph 23 as the

19 "'Class."

20

21

22

23

24

25

26

27

28

23. Plaintiffs seek to represent a Class of persons to be defined as follows:

THE CLASS

All persons in the United States to whom, since the date two years

preceding the filing of this Action, Defendant Four Seasons Hotels

Limited and/or Defendant Westlake Wellbeing Properties, LLC

provided an electronically printed hardcopy receipt at the point of

sale or transaction on which was printed more than the last five

digits of a customer's credit or debit card account number and/or

the expiration date of the person's credit or debit card.


Exhibit A -21-


I Numerosity

2 24. The Class described in paragraph 23 is so numerous that joinder of all

3 individual members in one action would be impracticable. The disposition of the individual

4 claims of members of the Class through this class action will benefit the parties and this Court.

5 25. Plaintiffs are informed and believe, and thereon allege, that there are, at

6 minimum, hundreds of members in each of the proposed Class described in paragraph 23.

7 26. The exact size of the Class and the identities of the individual members thereof

8 are ascertainable through Defendants' records, including but not limited to Defendants' sales

9 and transaction records.

IO 27. Plaintiffs reserve the right under Rule 3. 765 of the California Rules of Court to

11 amend or modify the class descriptions with greater specificity or further division into

12 additional sub-classes or limitation to particular issues after further discovery.

13 Adequacy of Representation

14 28. Plaintiffs are adequate representatives of the Class because their interests do not

15 conflict with the interests of the Class that Plaintiffs seek to represent. Plaintiffs will fairly,

16 adequately and vigorously represent and protect the interests of members of the Class and have

17 no interest antagonistic to the members of the Class. Plaintiffs have retained counsel who are

18 competent and experienced in the prosecution of class action litigation.

19 Common Questions of Law and Fact

20 29. Plaintiffs and members of the Class were all customers of Defendants, each

21 having made a purchase or transacted other business with Defendants on or after the start of the

22 applicable liability period, using a credit or debit card and to whom, at the point of such sale or

23 transaction, Defendants provided a hardcopy receipt showing more than the last five digits of

24 the credit/debit card account number and/or the expiration date of their customers' credit/debit

25 cards in violation of 15 U.S.C. § 168lc(g).

26 30. There is a well-defined community of interest and common questions of fact

27 and law affecting the members of the Class.

28


Exhibit A -22-


31. The questions of fact and law common to the Class predominate over questions

2 which may affect individual members and include the following:

3

4

5

6

7

8

9

a.

b.

c.

Whether Defendants' conduct of providing Plaintiffs and members of the

Class with a sales or transaction hardcopy receipt whereon Defendants

printed more than the last five digits of the credit/debit card account number

and/or the expiration date of their customers' credit/debit cards violated

FACT A, 15 U.S.C. § 1681 et seq.;

Whether Defendants' conduct was willful; and

Whether Plaintiffs and members of the Class are entitled to statutory

10 damages, punitive damages, costs and/or attorneys' fees for Defendants'

l l acts and conduct.

12 Typicality

13 32. Plaintiffs' claims are typical of the claims of the proposed Class. The claims of

14 Plaintiffs and the Class are based on the same legal theories and arise from the same unlawful

15 and willful conduct.

16 Nature of the Notice

17 33. Members of the Class may be notified of the pendency of this action by

18 techniques and forms commonly used in class actions, such as by published notice, e-mail

19 notice, website notice, first class mail, or combinations thereof, or by other methods suitable to

20 these Class and deemed necessary and/or appropriate by the Court.

21 Superiority

22 34. A class action is superior to other available means for the fair and efficient

23 adjudication of the claims of the Class. While the aggregate damages which may be awarded

24 to members of the Class are likely to be substantial, the damages suffered by individual

25 members of the Class are relatively small. As a result, the expense and burden of individual

26 litigation makes it economically infeasible and procedurally impracticable for each member of

27 the Class to individually seek redress for the wrongs done to them. Plaintiffs do not know of

28 any other litigation concerning this controversy already commenced by or against any member


Exhibit A -23-


of the Class. The likelihood of the individual members of the Class prosecuting separate

2 claims is remote. Individualized litigation also would present the potential for varying,

3 inconsistent or contradictory judgments, and would increase the delay and expense to all

4 parties and the court system resulting from multiple trials of the same factual issues. In

5 contrast, the conduct of this matter as a class action presents fewer management difficulties,

6 conserves the resources of the parties and the court system, and would protect the rights of

7 each member of the Class. Plaintiffs know of no difficulty to be encountered in the

8 management of this action that would preclude its maintenance as a class action.

9 FIRST CAUSE OF ACTION

10 PLAINTIFFS AND THE CLASS AGAINST ALL DEFENDANTS

11 (Violation of 15 U.S.C. §§ 1681 et seq.)

12 35. Plaintiffs hereby incorporate by reference the allegations contained in the above

13 paragraphs of this Complaint as if fully set forth herein.

14 36. Title 15 U.S.C. § J68lc(g)(l) provides that: "no person that accepts credit cards

15 or debit cards for the transaction of business shall print more than the last five digits of the card

16 number or the expiration date upon any receipt provided to the cardholder at the point of sale

17 or transaction." (Emphasis added.)

18 37. Defendants transact business in the United States, including California, and

19 accept credit and debit cards in the course of transacting business with persons such as

20 Plaintiffs and the members of the proposed Class. In transacting such business, Defendants use

21 machines or devices that electronically print hardcopy receipts for credit and debit card

22 transactions.

23 38. On or after January 2015, Defendants, at the point of sale or transaction with

24 Plaintiffs, provided each of the Plaintiffs with an electronically printed hardcopy receipt on

25 which Defendants printed more than the last five digits of the crediUdebit card account number

26 and the expiration date of Plaintiffs' crediUdebit cards.

27 39. Title 15 U.S.C. § 168lc(g)(J) provides Plaintiffs with the legal right to obtain a

28 receipt at the point of sale that does not show more than the last five digits of Plaintiffs' credit


Exhibit A -24-


I or debit card account number and their expiration dates. Defendants invaded Plaintiffs' right

2 to receive such a receipt and caused Plaintiffs an injury in fact by providing them with an

3 electronically printed hardcopy receipt containing more than the last five digits of the

4 credit/debit card account number and the expiration date of their credit/debit cards. See

5 Hammer v. Sam's East, Inc. (S'h Cir. 2014) 754 F.3d 492, 498-499 (allegation that Plaintiffs

6 was provided with a receipt that violates 15 U .S.C. § I 68 lc(g)(I) is sufficient to allege an

7 injury-in-fact sufficient to confer Article III standing), citing Linda R.S. v. Richard D. (1973)

8 410 U.S. 614, 617 n. 3, 93 S Ct. 1146.

9 40. In addition, Defendants' provision of an electronically printed hardcopy receipt

10 containing more than the last five digits of Plaintiffs' credit/debit card account number and the

11 expiration dates, which is key personal data used by thieves, has subjected Plaintiffs to an

12 increased and material risk of credit card fraud and/or identity theft, which is a further injury in

l3 fact Plaintiffs have suffered.

14 41. On or after January 2015, Defendants, at the point of sale or transaction with

15 members of the Class, provided, through the use of a machine, each member of the proposed

16 Class with one or more electronically printed hardcopy receipts on each of which Defendants

17 printed more than the last five digits of the credit/debit card account number and the expiration

18 date of the Class member's credit/debit card. As set forth above, FACT A was enacted in 2003

19 and originally gave merchants who accept credit/debit cards up to three years to comply with

20 its requirements, requiring compliance for all machines no later than December 4, 2006. This

21 was then extended until June 4, 2008 through the Clarification Act. Defendants thus have had

22 more than a decade to comply with the requirements ofFACTA.

23 42. Defendants knew of, or should have known of, and were informed about the

24 law, including specifically FACTA's requirements concerning the prohibition on printing of

25 more than the last five digits of the credit/debit card account number and the expiration date of

26 credit/debit cards. For example, but without limitation, several years ago, on info!lllation and

27 belief, VISA, MasterCard, the PCI Security Standards Council (a consortium founded by

28 VISA, MasterCard, Discovery, American Express and JCB), companies that sell cash registers

-9-

Exhibit A -25-


1 and other devices for the processing of credit card payments, Jaw finns, and other entities

2 informed Defendants about FACTA, including its specific requirements concerning the

3 prohibition on the printing of expiration dates and card numbers, and Defendants' need to

4 comply with same.

5 43. Despite knowing and being repeatedly informed about FACTA and the

6 importance of preventing the printing of more than the last five digits of the credit/debit card

7 account number and expiration dates on credit card receipts, and despite having years to

8 comply with FACT A's requirements, Defendants willfully violated FACTA's requirements by,

9 inter alia, printing more than the last five digits of the credit card account number and/or the

I 0 expiration date upon the hardcopy receipts provided to members of the proposed Class -

11 persons with whom Defendants transact business.

12 44. Many of Defendants' business peers and competitors readily brought their

13 credit/debit card receipt printing processes into compliance with FACTA by, for example,

14 programming their card machines and devices to prevent them from printing more than the last

15 five digits of the credit/debit card account number and/or the expiration date upon the receipts

16 provided to credit/debit card cardholders. Defendants could have readily done the same.

17 45. In contrast, Defendants willfully disregarded FACTA's requirements and, at

18 least through April 2017, used cash registers or other machines or devices that printed receipts

19 in violation of F ACTA.

20 46. Defendants willfully violated FACT A in conscious disregard of the rights of

21 Plaintiffs and the members of the Class thereby exposing Plaintiffs and the members of the

22 proposed Class to an increased risk of identity theft and credit/debit card fraud.

23 47. As a result of Defendants' willful violations of FACTA, Defendants are liable

24 to Plaintiffs and each member of the Class for the statutory damage amount of "not less than

25 $100 and not more than $!000" for each violation. 15 U.S.C. § 168ln(a)(l)(A).

26 48. As a result of Defendants' willful violations ofFACTA, Plaintiffs and members

27 of the Class are entitled to recover costs of suit and their reasonable attorneys' fees. 15 U.S.C.

28 § l681n(a)(3).

-10-rl A<:.<: ArTI()N rnMPIAfNT

Exhibit A -26-


1 49. As a result of Defendants' willful violations ofFACTA, Plaintiffs and members

2 of the Class are entitled to punitive damages. 15 U.S.C. § 168ln(a)(2).

3 PRAYER FOR RELIEF

4 WHEREFORE, Plaintiffs, on behalf of themselves and the members of the proposed

5 Class, pray for:

6 I. An order certifying the Class and appointing Plaintiffs as the representatives of

7 the Class, and appointing the law film representing Plaintiffs as counsel for the Class;

8 2. An award to Plaintiffs and the members of the Class of statutory damages

9 pursuantto 15 U.S.C. § l68ln(a){l)(A) for Defendants' willfol violations;

JO " .) . An award to Plaintiffs and the members of the Class of punitive damages

l l pursuant to 15 U.S.C. § 168ln(a)(2);

12 4. Payment of costs of suit herein incurred pursuant to, inter a!ia, 15 U.S.C. §

13 168ln(a)(3);

14 5. Payment of reasonable attorneys' fees pursuant to, inter alia, 15 U.S.C. §

15 168ln(a)(3); and

16 6. For other and further relieve as the Court may deem proper.

17 Dated: July 27, 2017

18

19

20

21

22

23

24

25

26

27

28

\\\

\\\

\\\

\\\

\\\

Respectfully submitted,

GAINES & GAINES APLC

By: (JJy P. ~"k / DANIELS. GAi~! v Q ALEX P. KATOFSKY Attorneys for Plaintiffs

-JI-CLASS ACTION COMPLAINT

Exhibit A -27-


2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

JURY TRIAL DEMAND

Plaintiffs demand a trial by jury on all claims and causes of action for which they and

the proposed members of the Class are entitled to a jury trial.

Dated: July 27, 2017 Respectfully submitted,

GAINES & GAINES APLC

By: Q Qw r. ~wfr)lf[~J DA IBL S. GAINES 0 () ALEX P. KATOFSKY Attorneys for Plaintiffs


Exhibit A -28-


EXHIBIT A · 28-Jul-2017 16:Z1 Gaines Law Firra A 1:_,J C) 8107838984 p.Z SUMMONS SUM·100...

Documents

Transcript of EXHIBIT A · 28-Jul-2017 16:Z1 Gaines Law Firra A 1:_,J C) 8107838984 p.Z SUMMONS SUM·100...