Complaint Amended

Cal. Super. - 6th Dist.July 18, 2017

Larry W. Lee, Esq. SBN 228175 DIVERSITY LAW GROUP, P.C. 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213)488-6555 Facsimile: (213)488-6554 Attorneys for Plaintiff ***ADDITIONAL COUNSEL LISTED ON NEXT PAGE 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 12 13 14 Assigned for All Purposes to Honorable Brian C. Walsh in Department 1 Plaintiffs, SHAILENDRA SINGH, as a proxy for Case No. 17CV313202 the State of California and on behalf of all Aggrieved Employees, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. INTER-CON SECURITY SYSTEMS, INC., a Corporation, and DOES 1 through 50, inclusive, Defendants. FIRST AMENDED COMPLAINT FOR: (1) VIOLATION OF LABOR CODE SECTION 2698, ET SEQ. FIRST AMENDED COMPLAINT E-FILED 10/18/2017 10:18 AM Clerk of Court Superior Court of CA, County of Santa Clara 17CV313202 Reviewed By: R. Walker Dennis S. Hyun (State Bar No. 224240) HYUN LEGAL, APC 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 (213) 488-6555 (213) 488-6554 facsimile 10 11 12 13 14 15 16 17 Edward W. Choi, State Bar No. 211334 Paul M. Yi, Esq. SBN 207867 LAW OFFICES OF CHOI k ASSOCIATES, APLC 515 S. Figueroa St. Suite 1250 Los Angeles, CA 90010 Telephone: (213) 381-1515 Facsimile: (213) 465-4885 William L. Marder, Esq. (SSN 170131) POLARIS LAW GROUP 501 San Benito Street, Suite 200 Hollister, CA 95023 Telephone: (831) 531-4214 Facsimile: (831)634-0333 19 20 21 22 23 24 25 26 27 FIRST AMENDED COMPLAINT Plaintiff SHAILENDRA SINGH ("Plaintiff') hereby submits this First Amended Complaint ("Complaint" ) against Defendant INTER-CON SECURITY SYSTEMS, INC. ("Defendant" ) and DOES 1 through 50 (hereinafter collectively referred to as "Defendants" ) as a proxy for the State of California and on behalf of all other similarly aggrieved current and former aggrieved employees of Defendants for penalties under the California Labor Code $ 2698, et. seq. as follows: INTRODUCTION This complaint challenges systemic illegal employment practices resulting in violations of the California Labor Code ( 2698, ei. seq. ("PAGA") against Defendants. 10 2. Plaintiff is informed and believes, and based thereon alleges, that Defendants, 12 13 14 15 16 jointly and severally, have acted intentionally and with deliberate indifference and conscious disregard to the rights of all employees by failing to compensate in accordance with Labor Code $ 201.3. Plaintiff is informed and believes, and based thereon alleges, that Defendants have engaged in, among other things a system of willful violations of the California Labor Code ) 201.3 by creating and maintaining policies, practices and customs that knowingly deny employees the above stated rights and benefits. 17 3. The policies, practices and customs of defendants described above and below 18 19 20 have resulted in unjust enrichment of Defendants and an unfair business advantage over businesses that routinely adhere to the strictures of the PAGA. JURISDICTION AND VENUE 21 22 5. The Court has jurisdiction over the violations of the California Labor Code. Venue is proper in Santa Clara County because Plaintiff performed work for 23 24 Defendant in Santa Clara County. PARTIES 25 6. On or about March 3, 2015, Plaintiff was hired by the Defendant to work as a 26 27 security guard/officer. Plaintiff worked for Defendant until on or about May 19, 2017. During his employment, Plaintiff was paid on an hourly basis as a non-exempt employee. 7. Plaintiff was and is the victim of the policies, practices, and customs of FIRST AMENDED COMPLAINT Defendants complained of in this action in ways that have deprived them of the rights guaranteed by California Labor Codes. Plaintiff is informed and believes, and based thereon alleges, that Defendants provides security services throughout the United States, including numerous locations in the State of California. 9. Plaintiff is informed and believes, and based thereon alleges, that at all times herein mentioned Defendant and Does 1 through 50, are and were corporations, business entities, individuals, and partnerships, licensed to do business and actually doing business in the State of California. As such, and based upon all the facts and circumstances incident to Defendants'0 12 13 business, Defendants are subject to California Labor Code (2698, et. seq.. 10. Plaintiff does not know the true names or capacities, whether individual, partner or corporate, of the Defendant sued herein as Does 1 through 50, inclusive, and for that reason, said Defendants are sued under such fictitious names, and Plaintiff prays for leave to amend this 14 15 complaint when the true names and capacities are known. Plaintiff is informed and believes and based thereon alleges that each of said fictitious Defendants was responsible in some way for the 16 17 19 20 21 22 23 24 25 26 27 28 matters alleged herein and proximately caused Plaintiff and other similarly aggrieved employees to be subject to the illegal employment practices, wrongs and injuries complained of herein. 11 ~ At all times herein mentioned, each of said Defendants participated in the doing of the acts hereinafter alleged to have been done by the named Defendants; and furthermore, the Defendants, and each of them, were the agents, servants and employees of each of the other Defendants, as well as the agents of all Defendants, and at all times herein mentioned, were acting within the course and scope of said agency and employment. 12. Plaintiff is informed and believes, and based thereon alleges, that at all times material hereto, each of the Defendants named herein was the agent, employee, alter ego and/or joint venturer of, or working in concert with each of the other co-Defendants and was acting within the course and scope of such agency, employment, joint venture, or concerted activity. To the extent said acts, conduct, and omissions were perpetrated by certain Defendants, each of the remaining Defendants confirmed and ratified said acts, conduct, and omissions of the acting FIRST A M EN D ED COM P LA IN T Defendants. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 13. At all times herein mentioned, Defendants, and each of them, were members of, and engaged in, a joint venture, partnership and common enterprise, and acting within the course and scope of, and in pursuance of, said joint venture, partnership and common enterprise. 14. At all times herein mentioned, the acts and omissions of various Defendants, and each of them, concurred and contributed to the various acts and omissions of each and all of the other Defendants in proximately causing the injuries and damages as herein alleged. At all times herein mentioned, Defendants, and each of them, ratified each and every act or omission complained of herein. At all times herein mentioned, Defendants, and each of them, aided and abetted the acts and omissions of each and all of the other Defendants in proximately causing the damages as herein alleged. FIRST CAUSE OF ACTION VIOLATION OF LABOR CODE SECTION 2698, ET SEQ. (AGAINST ALL DEFENDANTS BY PLAINTIFF AS PROXY FOR STATE) 15. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 14 as though fully set for herein 16. PLAINTIFF brings this cause of action as a proxy for the State of California and in this capacity, seeks penalties on behalf of all Aggrieved Employees for DEFENDANT s violations of Labor Code $$ 201.3,203 and 226 from March 3, 2015, through the present, arising from DEFENDANT s failure to pay Plaintiff and Aggrieved Employees on a weekly basis. 17. On or about July 11,2017, PLAINTIFF sent written notice to the California Labor 4 Workforce Development Agency ("LWDA") of DEFENDANTS'iolations of Labor Code 8 201.3,203 and 226 pursuant to Labor Code II 2698, et seq., the Private Attorney Generals Act ("PAGA"). 18. As of the date of this filing, the LWDA has not provided written notice regarding whether it intends to investigate the Labor Code violations set forth in PLAINTIFF's written notice and thus allowing PLAINTIFF to proceed under PAGA against DEFENDANTS for said violations. Therefore, PLAINTIFF may seek any and all applicable penalties under PAGA. FIRST AMENDED COMPLAINT 19. As such, pursuant to Labor Code f 2699(a), PLAINTIFF seeks recovery of any and all applicable civil penalties for DEFENDANTS'iolation of Labor Code $( 201.3,203 and 226 for the time periods described above, as a proxy for the State of California and on behalf of other Aggrieved Employees. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment for himself and all others on whose behalf this suit is brought against Defendants, jointly and severally, as follows: 10 12 13 14 15 2. Upon the First Cause of Action, for all applicable penalties under Labor Code f 2698, et seq. For attorneys fees, interest, and costs as provided by California Labor Code $$ 2698, et seq. and Code of Civil Procedure ( 1021.5 and for such other and further relief the Court may deem just and proper. 16 17 DATED: October 16, 2017 LAW OFFICES OF CHOI A ASSOCIATES 18 19 20 21 22 23 24 By: Edward W. Choi Attorneys for Plaintiff 25 26 27 28 FIRST AMENDED COMPLAINT PROOF OF SERVICE I am employed in the County of Los Angeles; I am over the age of 18 years and not a party to the within action; my business address is 515 S. Figueroa Street, Suite 1250, Los Angeles, California 90071. On October 18, 2017, I served the foregoing document(s) described as: FIRST AMENDED COMPLAINT, on the interested parties in this action by placing a true copy thereof, in a sealed envelope(s) addressed as follows: Spencer C. Skeen Marlene M. Moffitt Tim L. Johnson OGLETREE DEAKINS NASH SMOAK 86 STEWART 4370 La Jolla Village Drive, Suite 990 San Diego, CA 92122 Larry W. Lee Nick Rosenthal DIVERSITY LAW GROUP, P.C. 515 South Figueroa Street, Suite 1250 Los Angeles, California 90071 Dennis S. Hyun HYUN LEGAL, APC 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 William L. Marder, Esq. POLARIS LAW GROUP 501 San Benito Street, Suite 200 Hollister, CA 95023 X BY MAIL X As follows: I am "readily familiar" with the practice of Choi 4, Associates, Attorneys at Law for collection and processing of correspondence for mailing with the United States Postal Service and that correspondence placed in the outgoing mail tray in my office for collection would be deposited in the United States Mail that same day in the ordinary course of business. BY PERSONAL SERVICE I caused such envelope to be delivered by hand to the offices of the addressee. BY FACSIMILE TRANSMISSION I caused a true and complete copy of the document(s) described above to be transmitted by facsimile transmission to the telephone number(s) of the person(s) set forth above. x (State) I declare under penalty of perjury that the foregoing is true and correct. (Federal) I declare under penalty of perjury that the foregoing is true and correct, and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed on October 18, 2017, at Los Angeles, California. Cina Kim PROOF OF SERVICE E-FILED 10/18/2017 10:18 AM Clerk of Court Superior Court of CA, County of Santa Clara 17CV313202 Reviewed By:R. Walker