DeclarationCal. Super. - 6th Dist.April 5, 2021410 West Arden Avenue, Suite 203 LAWYERS for JUSTICE, PC Glendale, California 91 203 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV379147 Santa Clara - Civil Edwin Aiwazian (SBN 232943) Arby Aiwazian (SBN 269827) Joanna Ghosh (SBN 272479) Elizabeth Parker-Fawley (SBN 301592) Arman Marukyan (SBN 3271 50) LAWYERSfor JUSTICE, PC 410 West Arden Avenue, Suite 203 Glendale, California 91203 Tel: (818) 265-1020 / Fax: (818) 265-1021 Attorneysfor Plaintiff Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/14/2021 5:38 PM Reviewed By: R. Walker Case #21 CV379147 Envelope: 7469061 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA DEANGELO DANIELS, individually, and 0n behalf 0f other members 0f the general public similarly situated; Plaintiff, vs. GARUDA LABS, INC. DBA INSTAWORK, an unknown business entity; and DOES 1 through 100, inclusive, Defendants. Case N0.: 21CV383683 Honorable Patricia M. Lucas CLASS ACTION DECLARATION OF DEANGELO DANIELS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT GARUDA LABS, INC. DBA INSTAWORK’S MOTION TO COMPEL ARBITRATION, STRIKE CLASS ALLEGATIONS, AND STAY PROCEEDINGS Hearing Date: October 27, 2021 Hearing Time: 1:30 p.m. Department: 3 Complaint Filed: April 5, 2021 Trial Date: None Set 1 DECLARATION OF DEANGELO DANIELS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT GARUDA LABS, INC. DBA INSTAWORK’S MOTION TO COMPEL ARBITRATION, STRIKE CLASS ALLEGATIONS, AND STAY PROCEEDINGS 410 West Arden Avenue, Suite 203 LAWYERS for JUSTICE, PC Glendale, California 91 203 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF DEANGELO DANIELS I, Deangelo Daniels, hereby declare as follows: 1. I am the plaintiff in the above-captioned case. I have personal knowledge of the facts and statements set forth in this declaration, and if called upon to testify, I could and would competently testify thereto. 2. From approximately November 2020 to April 2021, I was an employee 0f Defendant in the State of California. The position I held was called “Materials Handler.” 3. On or about November 9, 2020, I used my mobile phone t0 create an account for myself 0n the Instawork mobile phone application (the “Instawork App” or the “App”). I downloaded the Instawork App to my phone. In order t0 create an account and indicate my availability for work, I was required to scroll through a pop-up screen as part of the account creation process. 4. I was required t0 scroll through that pop-up screen to post my availability for work, and had n0 option t0 avoid scrolling through it in order to post my availability for work. The content of the pop-up screen was not presented t0 me as a document that I could review in my own time, 0r that I could discuss with an attorney. I could not negotiate 0r change the terms 0r language contained in the pop-up screen. I also was not given a copy 0f any arbitration rules at the time. 5. On 0r about April 2, 2021, when I attempted t0 post my availability for work within the App, I was again required to scroll through a pop-up screen. I was required t0 scroll through that pop-up screen t0 post my availability for work, and had n0 option to avoid scrolling through it in order t0 post my availability for work. 6. The content 0f the pop-up screen was not presented to me as a document that I could review in my own time, 0r that I could discuss With an attorney. I could not negotiate or change the terms or language contained in the pop-up screen. I also was not given a copy 0f any arbitration rules at the time. 7. At n0 time did I communicate With anyone at Defendant regarding the content of the pop-up screens, nor was I given an opportunity t0 do so. It was my belief and understanding 2 DECLARATION OF DEANGELO DANIELS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT GARUDA LABS, INC. DBA INSTAWORK’S MOTION TO COMPEL ARBITRATION, STRIKE CLASS ALLEGATIONS, AND STAY PROCEEDINGS 410 West Arden Avenue, Suite 203 LAWYERS for JUSTICE, PC Glendale, California 91 203 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that, by scrolling through the pop-up screens, I was agreeing to arrive to work 0n time on the specified dates, and confirming that I had the ability t0 perform the work offered. I did not understand myself t0 be giving away any legal rights or my ability t0 sue Defendant. I did not know there was language supposedly waiving my right t0 have any claims I had against Defendant be heard in a court 0f law and decided by a jury. 8. When Defendant claimed that I signed an agreement to arbitrate claims, I was surprised. If I had known that scrolling through the pop-up screens would impact my ability t0 sue Defendant in a court 0f law, I would not have scrolled through the pop-up screens. 9. I declare under penalty 0f perjury under the laws of the State 0f California that the foregoing is true and correct. 10/14/2021 10.03am Executed this day 0f October at ' , California. ummkduy igua- zu 1-10-14 17:02:54 UTC - 98.207.112121 3641:9660 Dmu’eh AssueSigrm m26927b-9d53-Ma7-9369-adw01 686343 Deangelo Daniels 3 DECLARATION OF DEANGELO DANIELS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT GARUDA LABS, INC. DBA INSTAWORK’S MOTION TO COMPEL ARBITRATION, STRIKE CLASS ALLEGATIONS, AND STAY PROCEEDINGS