Complaint,Petition: KENT SACHS VS PANKOW OPERATING, INC., ET AL.

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                                LAWYERS for JUSTICE, PC

410 West Arden Avenue, Suite 203

Glendale, California 91203

Edwin Aiwazian (SBN 232943) FILED
LAWYERS for JUSTICE, PC Superior Court of Caitfomia
410 West Arden Avenue, Suite 203 ounty of Los Angeles

Glendale, California 91203
Tel: (818) 265-1020 / Fax: (818) 265-1021 JUL 27 2021

Attcrneys for Plaintiff

KENT SACHS, individually, and on behalf of] CaseNo: 99 ST CV274 60

other members of the general public similarly

situated;

vs.

PANKOW OPERATING, INC., a California | (2) Violation of California Labor Code
corporation; CHARLES PANKOW
BUILDERS, LTD, a California limited

partnership; and DOES 1 through 100, (3) Violation of California Labor Code --
inclusive, § 226.7 (Unpaid Rest Period
Premiums);
Defendants. (4) Violation of California Labor Code

ORIGINAL

Sherti R. Carter, Executive Officer/Cterk of Court
ey__S. DREW _bepuyy

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES

CLASS ACTION COMPLAINT FOR

DAMAGES

Plaintiff,

(1) Violation of California Labor Code
§§ 510 and 1198 (Unpaid
Overtime);

§§ 226.7 and 512(a) (Unpaid Meal
Period Premiums);

§§ 1194, 1197, and 1197.1 (Unpaid
Minimum Wages);

(5) Violation of California Labor Code
§§ 201 and 202 (Final Wages Not
Timely Paid);

(6) Violation of California Labor Code
§ 204 (Wages Not Timely Paid
During Employment); .

(7) Violation of California Labor Code
§ 226(a) (Non-Compliant Wage
Statements);

(8) Violation of California Labor Code
§ 1174(d) (Failure To Keep
Requisite Payroll Records);

(9) Violation of California Labor Code
§§ 2800 and 2802 (Unreimbursed
Business Expenses);

(10) Violation of California Business &
Professions Code §§ 17200, et seq.

DEMAND FOR JURY TRIAL

CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL«2
el
bo
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no
y willfully failing to provide all
rest periods to Plaintiff and the other class members; :

18. That the Court make an award to Plaintiff and the other class members of one
(1) hour of pay at each employee’s regular rate of compensation for each workday that a rest
period was not provided;

19. For all actual, consequential, and incidental losses and damages, according to
proof;

20. For premium wages pursuant to California Lasor Code section 226.7(c);

21. For pre-judgment interest on any unpaid wages from the date such amounts
were due; and

22. For such other and further relief as the Court may deem just and proper.

As to the Fourth Cause of Action
23. That the Court declare, adjudge and decreé that Defendants violated California

Labor Code sections 1194, 1197, and 1197.1 by willfully failing to pay minimum wages to

Plaintiff and the other class members;

24. For general unpaid wages and such general and special damages as may be
appropriate;

25. For statutory wage penalties parsiant to California Labor Code section 1197.1
for Plaintiff and the other class members in the amount as may be established according to
prcof at trial;

26. — For pre-judgment interest on any unpaid compensation from the date such
amounts were due;

27. For reasonable attorneys’ fees and costs of suit incurred herein pursuant to
California Labor Code section 1194(a);

28. — For liquidated damages pursuant to California Labor Code section 1194.2; and

‘99. For such other and further relief as the Court may deein just and proper.

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CLASS ACTION COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIALGS
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LAWYERS for JUSTICE, PC

410 West Arden Avenue, Suite 203

Glendale, California 91203

As to the Fifth Cause of Action

30. That the Court declare, adjudge and.decree that Defendants violated California
Labor Code sections 201, 202, and 203 by willfully failing to pay all compensation owed at the
time of termination of the employment of Plaintiff and the other class members no longer
employed by Defendants;

31. For all actual, consequential, and incidental losses and damages, according to
proof;

32. For statutory wage penalties pursuant to California Labor Code section 203 for
Plaintiff and the other class members who have left Defendants’ employ;

33. For pre-judgment interest on any unpaid compensation from the date such
amounts were due; and ,

34. For such other and further relief as the Court may deem just and proper.

As to the Sixth Cause of Action

35. That the Court declare, adjudge and decree that Defendants violated California
Labor Code section 204 by willfully failing to pay all compensation owed at the time required
by California Labor Code section 204 to Plaintiff and the other class members;

36. For all'actual, consequential, and incidental losses and damages, according to
proof;

37. For pre-judgment interest on any unpaid compensation from the date such
amounts were due; and

38. For such other and further relief as the Court may deem just and proper.

As to the Seventh Cause of Action

39. That the Court declare, adjudge and decree that Defendants violated the record
keeping provisions of California Labor Code section 226(a) and applicable IWC Wage Orders
as to Plaintiff and the other class members, and willfully failed to provide accurate itemized
wage statements thereto; :

40. For actual, consequential and incidental losses and damages, according to proof;

41. For statutory penalties pursuant to California Labor Code section 226(e);

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CLASS ACTION COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL&

Glendale, California

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42. For injunctive relief to ensure compliance with this section, pursuant to
California Labor Code section 226(h); and

43. For such other and further relief as the Court may deem just and proper.

As to the Kighth Cause of Action

44, That the Court declare, adjudge and decree that Defendants violated California
Labor Code section 1174(d) by willfully failing to keep accurate and complete payroll records
for Plaintiff and the other class members as required by California Labor Code section
1174(d); :

45. For actual, consequential and incidental losses and damages, according to proof;

46. For statutory penalties pursuant to California Labor Code section 1174.5; and

47. For such other and further relief as the Court may deem just and proper.

As to the Ninth Cause of Action

48. That the Court declare, adjudge and decree that Defendants violated California
Lator Code sections 2800 and 2802 by willfully ‘failing to reimburse Plaintiff and the other
class members for all necessary business-related expenses as required by California Labor
Code sections 2800 and 2802;

49. For actual, Consequential and incidental losses and damages, according to proof;

50. For the imposition of civil penalties and/or statutory penalties;

51. For reasonable attorrieys’ fees and costs of suit incurred herein; and

52. For such other and further relief as the Court may deem just and proper.

As to the Tenth Cause of Action

53. That the Court decree, adjudge and decree that Defendants violated California
Business and Professions Code sections 17200, et seq. by failing to provide Plaintiff and the
other class members all overtime compensation due to them, failing to provide all meal and
rest periods to Plaintiff and the other class members, failing to pay at least minimum wages to
Plaintiff and the other class members, failing to pay Plaintiff's and the other class members’
wages timely as required by California Labor Code section 201, 202 and 204 and by violating
California Labor Code sections 226(a), 1174(d);2800'and 2802.

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CLASS ACTION COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIALALO West Arden Avenue, Suite 203

LAWYERS for JUSTICE, PC

Glendale, California 91203

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54. For restitution of unpaid wages to Plaintiff and all the other. class members and
all pre-judgment interest from the day such amounts were due and payable;

55. For the appointment of a receiver to receive, manage and-disteibute any and all
funds disgorged from Defendants and determined.to have been wrongfully acquired by
Defendants as a.result of violation of California Business and Professions Code sections
17200, et seq.;

56. For reasonable attorneys’ fees and costs of suit incurred herein pursuant to
California Code of Civil Proceduré section 1021.5;

57. For injunctive relief to ensure conipliance with this section, pursuant to
California Business and Professions Code sections.17200, et seq.; and

58. For such other and further relief as the Court may deem just and proper.

Dated: July 26, 2021 “* "LAWYERS for JUSTICE, PC

By:

Edwin Aiwazian
Attorneys for Plaintiff

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CLASS ACTION COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL