Answer Response No Fee

Cal. Super. - 6th Dist.January 22, 2020

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 200V362060 Santa Clara - Civil AKIN GUMP STRAUSS HAUER & FELD LLP GREGORY W. KNOPP SBN 237615) JONATHAN S. CHRIST E (SBN 294446) LAURA L. VAUGHN (SBN 329470) gknppp ak1ngump.com chrlstle akmgump.com vau hn akln ump.com 199 Avenue o the Stars, Suite 600 Los Angeles, CA 90067-6022 Telephqne: 3 10.229. 1 000 Facmmlle: 310.229.1001 Attorneys for Defendant, Tapestry, Inc. Electronically Filed by Superior Court of CA, County of Santa Clara, on 10l8l2020 3:02 PM Reviewed By: R. Walker Case #20CV362060 Envelope: 5076713 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA JAIME ECHEVERRIA, 0n behalf 0f Case N0. 20CV362060 himself and on behalf of all others similarly situated, fissigned T0 The Honorable Judge Patricia Plaintiff, Lucas, Dept. 3] DEFENDANT TAPESTRY, INC.’S V. ANSWER TO COMPLAINT TAPESTRY, INC., a Corporation dba COACH and DOES 1 through 100, mcluswe, Defendants. Date Action Filed: January 22, 2020 DEFENDANT TAPESTRY, INC.’S ANSWER TO COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant Tapestry, Inc. (“Defendant”) hereby answers the Complaint filed by Plaintiff Jaime Echeverria. GENERAL DENIAL Pursuant t0 Section 43 1 .30(d) 0f the California Code 0f Civil Procedure, Defendant generally and specifically denies each and every allegation 0f the Complaint. Further, Without waiving 0r excusing the burden 0f proof 0f Plaintiff, or admitting that Defendant has any burden of proof, Defendant hereby asserts the following defenses: First Defense (Failure t0 State a Cause ofAction) The Complaint, and each purported cause 0f action contained therein, is barred t0 the extent it fails t0 state facts sufficient t0 constitute a cause 0f action against Defendant. Second Defense (Statute 0f Limitations) The Complaint, and each purported cause of action contained therein, is barred to the extent Plaintiff is seeking relief for conduct occurring outside the applicable statute 0f limitations. Third Defense (Estoppel) The Complaint, and each purported cause 0f action contained therein, is barred t0 the extent the alleged actions 0f Defendant 0r its agents were a result 0f conduct by Plaintiff for Which he cannot equitably seek recovery against Defendant. Fourth Defense (Good Faith) Plaintiff is barred from relief because Defendant and its agents acted in good faith at all times and had reasonable grounds t0 believe that n0 Violation 0f any applicable law, statute, and/or regulation occurred. 1 DEFENDANT TAPESTRY, INC.’S ANSWER TO COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fifth Defense (Waiver) The Complaint, and each purported cause of action contained therein, is barred to the extent Plaintiffby his actions has waived his right t0 recovery. Sixth Defense (Compliance With Statute) Plaintiff is barred from relief because Defendant at all times complied and/or substantially complied With all applicable statutes, regulations, and laws. Seventh Defense (Good Faith Dispute/No Willfulness) Plaintiff brings claims for willful, intentional, or knowing Violations 0f the Labor Code. These claims are barred if a “good faith dispute” exists concerning Whether Defendant violated the Labor Code. A good faith dispute exists here because Defendant has reasonable defenses that it did not Violate the Labor Code provisions regarding paying wages and providing wage statements. Eighth Defense (N0 Willfulness) The Complaint, and each purported cause of action contained therein, is barred because the alleged conduct 0f Defendant and its agents was not willful. Ninth Defense (N0 Knowing or Intentional Conduct) The Complaint, and each purported cause 0f action contained therein, is barred because the alleged wage statement Violations 0f Defendant and its agents was not knowing 0r intentional. Tenth Defense (Standing) Defendant is informed and believes, and on that basis alleges, that Plaintiff lacks the requisite standing t0 assert each purported cause 0f action in the Complaint. 2 DEFENDANT TAPESTRY, INC.’S ANSWER TO COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Eleventh Defense (PAGA Penalties Unjust) Any penalties in this action should be reduced under California Labor Code Section 2699(e)(2) as “unjust, arbitrary and oppressive, 0r confiscatory.” Twelfth Defense (Failure t0 Exhaust Administrative Remedies) Plaintiff s claims are barred in Whole 0r in part t0 the extent Plaintiff failed t0 exhaust his applicable administrative remedies and has therefore failed to satisfy the jurisdictional prerequisites for asserting these claims. Thirteenth Defense (No Injury) The Complaint, and each purported cause of action contained therein, is barred to the extent it seeks penalties for allegedly inaccurate wage statements, because Plaintiff, the putative class members, and the “aggrieved employees” that Plaintiff purports t0 represent suffered no injury from the alleged failure t0 provide properly itemized wage statements. Fourteenth Defense (De Minimis Doctrine) The Complaint, and each purported cause 0f action contained therein, is barred t0 the extent the de minimis doctrine applies t0 Plaintiff” s claims. Fifteenth Defense (N0 Knowledge) The Complaint, and each purported cause 0f action contained therein, is barred because Defendant had n0 knowledge of any uncompensated work performed by Plaintiff, the putative class members, 0r the “aggrieved employees” that Plaintiff purports t0 represent. 3 DEFENDANT TAPESTRY, INC.’S ANSWER TO COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sixteenth Defense (Frivolous Claims) The Complaint, and each purported cause of action contained therein, is barred to the extent that it was not brought in good faith and is frivolous. Accordingly, Defendant is entitled t0 recover its reasonable expenses, including attorneys’ fees, incurred herein as a matter of law pursuant to the Court’s inherent authority and California Code of Civil Procedure § 128.7. Seventeenth Defense (Accord and Satisfaction) The Complaint, and each purported cause 0f action contained therein, is barred t0 the extent that Plaintiff and/or any similarly situated employees on the one hand and Defendant on the other hand entered into an accord extinguishing the obligations that are the basis 0f the complaint. Defendant has satisfied all obligations required 0f it under the accord. E_ighteenth Defense (Failure t0 Mitigate) The Complaint, and each purported cause 0f action contained therein, is barred t0 the extent Plaintiff, the putative class members, or the “aggrieved employees” that Plaintiff purports t0 represent failed t0 mitigate the injury 0r damages alleged in the Complaint. Nineteenth Defense (Paid A11 Sums) The Complaint, and each purported cause 0f action contained therein, is barred because Defendant has paid Plaintiff, the putative class members, and the “aggrieved employees” that Plaintiff purports t0 represent all sums due them, including during the onboarding process. 4 DEFENDANT TAPESTRY, INC.’S ANSWER TO COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Twentieth Defense (Class Certification Requirements Not Met) The Complaint, and each purported cause of action contained therein, is barred because this action does not meet the requirements for class action treatment under Section 382 of the California Code 0f Civil Procedure, and Plaintiff cannot prosecute it 0n behalf of the putative class he purports to represent. Twentv-First Defense (Impermissible Representative Action) Plaintiff is barred from obtaining relief against Defendant, because California Labor Code Section 2699, et seq, and California Business and Professions Code Section 17200, et seq., d0 not permit representative actions Where liability can be determined only through fact-intensive individualized assessments of alleged wage and hour Violations. Twentv-Second Defense (Unjust Enrichment) The Complaint, and each purported cause 0f action contained therein, is barred t0 the extent that any recovery would be a Windfall resulting in unjust enrichment to Plaintiff, the putative class members, or the “aggrieved employees” that Plaintiff purports t0 represent. Twentv-Third Defense (No Injury t0 Competition) The Complaint, and each purported cause 0f action contained therein, is barred because Plaintiff, the putative class members, and the “aggrieved employees” that Plaintiff purports to represent cannot show an injury t0 competition, as distinguished from injury t0 themselves, which such injury Defendant denies. 5 DEFENDANT TAPESTRY, INC.’S ANSWER TO COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Twentv-Fourth Defense (Claim and Issue Preclusion) The Complaint, and each purported cause of action contained therein, is barred by the doctrines 0f claim preclusion and/or issue preclusion. Twentv-Fifth Defense (Alleged Work Not Compensable) The Complaint, and each purported cause 0f action contained therein, is barred t0 the extent the alleged “work” Plaintiff, the putative class members, or the “aggrieved employees” that Plaintiff purports to represent was not compensable. Twentv-Sixth Defense (Unclean Hands) The Complaint, and each purported cause of action contained therein, is barred in Whole 0r in part by the doctrine 0f unclean hands. Twentv-Seventh Defense (Allegedly Unpaid Compensable Time Offset) The Complaint, and each purported cause 0f action contained therein, is barred t0 the extent that any allegedly unpaid compensable time was offset because Defendant provided additional paid time on a daily basis for paid rest breaks t0 Plaintiff, the putative class members, and the “aggrieved employees” that Plaintiff purports t0 represent. RESERVATION OF RIGHTS Defendant reserves the right to add additional defenses as they become known during the course 0f this litigation. WHEREFORE, Defendant prays for judgment as follows: 1. That Plaintiff take nothing by the Complaint; 2. That the Complaint be dismissed With prejudice; 3. For judgment in favor 0f Defendant; 6 DEFENDANT TAPESTRY, INC.’S ANSWER TO COMPLAINT 4; \OOONQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. For attorney’s fees and costs 0f suit herein; and 5. For such other and further relief as the Court may deem proper and just. Dated: October 8, 2020 AKIN GUMP STRAUSS HAUER & FELD LLP GREGORY W. KNOPP JONATHAN S. CHRISTIE LAURA L. VAUGHN Gre 0 W. Kn Attorneys for%)er¥endant 7 EEPP apestry, Inc. DEFENDANT TAPESTRY, INC.’S ANSWER TO COMPLAINT A QQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County pf L05 Angeles, State 0f Califomia. I am over the age of 18 and not a party t0 the W1th1n actlon; my busmess address ls: 1999 Avenue of the Stars, Sulte 600, Los Angeles, CA 90067. On October 8 2020, I served the fore%oinléld0cument(s) desqubed as: DEFENDANT TAPEéTRY, INC.’S ANSWER TO O PLAINT 0n the 1nterested partles below, usmg the followmg means: La W. Lee, Es . State Bar N0. 228175 DI%RSITY LA GRQUP RC. 515 S. F1 eroa S_t., Sulte 1i50 Los Ange es, Cahfornla 90071 Telephqne: 213) 488-6555 Fa031mlle_: ( 1.3) 488-6554 lwlee@dlvers1tvlaw.com Edward W. Choi, Es . SBN 211334 LAW OFFICES OF HOI & ASSOCIATES 515 S. Fi eroa St., Sulte 1250 Los Ange es, CA 90071 Telephqne: 213) 381-1515 Facs1mlle: ( 13 465-4885 . edward.ch01@c 01andass0c1ates.com Dennis S. H n (State Bar N0. 224240) HYUN LE AL, APC . 515 S. F1 ueroa St., Sulte 1250 Los Ange es, CA 90071 Telephqne: 213) 488-6555 Fa051mlle: ( 13) 488-6554 dhvun@hvunlegal.com William L. Marder, Es . (SSN 170131) POLARIS LAW GRO P 501 San Benito Street, Suite 200 Holllster, CA 95023 Telephqne: g83 1) 53 1-4214 F_a051mlle: ( 31) 634-0333 . _ b111@polar1slawgroup.com Attorneys for Plalntlff and the Class E BY UNITED STATES MAIL. I enclosed the documents in a sealed envelope 0r package addressed t_o the respegtwe address 0f the pames stated_above and placed the envelope for collectlon and malhng, followm 0u_r 0rd1nary bus1n_ess practlces. I am readily familiar with the firm’s practice 0f co eptlon and rocessmg correspondencq for malhng. Qn the same day that correqundencq ls laced. 0r collectlon and ma1_11ng2 1t ls deposfied 1n the 0rd1nary course 0f bus1n_ess w1tht e Unlted States Postal Serv1ce, 1n a sealed envelope With postage fully prepald at Los Angeles, Cahforma. g BY ELECTRONIC MAIL OR ELECTRONIC TRANSMISSION. Pursuant t0 CRC, Appendix I, Emergency Rule 12 b), I caused the document(s) to b_e sent to the . _ respectwe e-mall address(es) 0f t e party(1es) as stated below. I d1d not recelve, W1th1n PROOF OF SERVICE 4; KOOONQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a reasonable time after the transmission, any electronic message 0r other indication that the transmlss1on was unsuccessful. X (STATE) I declare under enalty 0f perjury under the laws 0f the State of California that the foregomg ls true an correct. Executed on October 8, 2020, at Los Angeles, Californ;a. Elena Swatek _ [Print Name 0f Person Executing Proof] [Signature] PROOF OF SERVICE