On October 01, 2020 a
64649DECLA10195e
was filed
involving a dispute between
Amaya, Jaime,
Bass, Ryne,
Gonzalez, Paula,
Jaime Amaya, On Behalf Of Themselves And All Others Similarly Situated,
Mazariegos, Alida,
Tello, Adriana,
Tello, Georgina,
and
Buddha Capital Corporation,
Does 1 Through 10, Inclusive,
Rr Franchising, Inc,
Vanguard Cleaning Systems, Inc,
Vanguard Cleaning Systems Of The Central Valley,
Wine Country Ventures, Inc.,
for Complex Civil Unlimited Class Action
in the District Court of San Mateo County.
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1 JESSICA RIGGIN (SBN 281712)
jriggin@rukinhyland.com
2 VALERIE BRENDER (SBN 298224)
vbrender@rukinhyland.com
3 RUKIN HYLAND & RIGGIN LLP
1939 Harrison Street, Suite 290
4 Oakland, CA 94612
Telephone: (415) 421-1800
5 Facsimile: (415) 421-1700
6 MATTHEW C. HELLAND (SBN 250451)
helland@nka.com
7 DANIEL BROME (SBN 278915)
dbrome@nka.com
8 NICHOLS KASTER, LLP
235 Montgomery Street, Suite 810
9 San Francisco, CA 94104
Telephone: (415) 277-7235
10 Facsimile: (415) 277-7238
11 Attorneys for Plaintiffs
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF SAN MATEO
15
ALIDA MAZARIEGOS, PAULA CASE NO.: 20-CIV-04267
16 GONZALEZ, and JAIME AMAYA
DECLARATION OF BENJAMIN EZEB
17 Plaintiffs, on behalf of themselves
and all others similarly situated, Judge: Hon. Nancy L. Fineman
18 v. Dept.: 04
19 VANGUARD CLEANING SYSTEMS,
INC.; RR FRANCHISING, INC., D/B/A
20 VANGUARD CLEANING SYSTEMS OF
SOUTHERN CALIFORNIA AND D/B/A
21 VANGUARD CLEANING SYSTEMS OF
NORTHERN CALIFORNIA; BUDDHA
22 CAPITAL CORPORATION, D/B/A
VANGUARD CLEANING SYSTEMS OF
23 SACRAMENTO, D/B/A VANGUARD
CLEANING SYSTEMS OF THE
24 CENTRAL VALLEY, AND D/B/A
VANGUARD CLEANING SYSTEMS OF
25 THE CENTRAL COAST; AND WINE
COUNTRY VENTURES, INC. D/B/A
26 VANGUARD CLEANING SYSTEMS OF
THE NORTH BAY, AND DOES 1
27 THROUGH 10, INCLUSIVE,
28 Defendants.
DECLARATION OF BENJAMIN EZEB
1 I, Benjamin Ezeb, declare:
2 1. I am over the age of 18 and competent to testify about the matters set forth in this
3 declaration. I could and would testify competently to the matters stated below.
4 2. I was a Vanguard cleaner in California from approximately 1999 until
5 approximately 2019. To work as a cleaner, I had to sign a Franchise Agreement.
6 3. I knew someone who had a Vanguard franchise and became interested in working
7 for Vanguard, so when I had enough money to buy a franchise I contacted Vanguard to learn what
8 was involved in working for Vanguard. I spoke to Mr. Lee and Eric. I can’t recall exactly, but I
9 believe I may have signed my documents with Vanguard during our very first meeting. I know I
10 needed to sign a franchise agreement to work there. I was not able to negotiate any of the terms of
11 the contract—it was take it or leave it.
12 4. Before I started working with Vanguard, I had to attend training at Vanguard’s
13 main office about Vanguard’s cleaning techniques and preferred cleaning products. I was also
14 provided with a manual. After the initial training, I also had to visit any new office I would be
15 cleaning with someone from Vanguard to discuss what was required on each site.
16 5. I worked cleaning commercial businesses for Vanguard. I generally worked on
17 accounts in the East Bay, including Berkeley, Hayward, Richmond, and Walnut Creek.
18 6. As a cleaner at Vanguard, I never marketed or advertised my services. Instead, I
19 received new accounts from Vanguard staff. I recall three individuals (first names Tom, Jim, and
20 Eric) who provided accounts to me. They would tell me about any new account, and explain the
21 time windows I was required to clean that account, and what areas to clean. I had to sign a
22 contract for each new account, and the terms of the contract were set by Vanguard.
23 7. Vanguard decided the price that the cleaning account would pay and collected the
24 money from the cleaning account. My pay was based on what Vanguard charged the account—I
25 had to pay Vanguard a portion of the fees for each account, and then Vanguard paid me the rest.
26 Sometimes I even had to keep paying Vanguard for accounts after I lost those accounts.
27 8. If I lost an account, I learned about it from Vanguard, not from the client. Once,
28 someone from Vanguard told me that one of my cleaning accounts had complained about my
1
DECLARATION OF BENJAMIN EZEB
1 services, but the client specifically told me that they had not complained.
2 9. Because Vanguard controlled my accounts, they also controlled my work hours.
3 Although I sometimes worked more than eight hours in a day, Vanguard never paid me overtime.
4 10. Vanguard had no meal or rest break policy for its cleaners. In practice, I would
5 sometimes stop for a quick bite or to use the bathroom, but I did not generally take a full,
6 uninterrupted, 30 minutes in the middle of the day (for a meal or otherwise). Nor did I regularly
7 take 10-minute rest breaks. Vanguard never paid me premium pay when I missed meal or rest
8 breaks.
9 11. Vanguard required me to pay all work-related expenses, either deducted from my
10 paycheck or separately out of my pocket, including: cleaning supplies; cleaning equipment;
11 insurance; gas and vehicle maintenance; and franchise fees. Vanguard required specific cleaning
12 products and equipment, but never reimbursed me for those expenses.
13
14 I declare under penalty of perjury under the laws of the State of California and the United
15 States of America that the foregoing is true and correct. Executed on November 9, 2021 in
16 Hayward, California.
17
18 By:
Benjamin Ezeb
19
20
21
22
23
24
25
26
27
28
2
DECLARATION OF BENJAMIN EZEB
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1 JESSICA RIGGIN (SBN 281712) jriggin@rukinhyland.com 2 VALERIE BRENDER (SBN 298224) vbrender@rukinhyland.com 3 RUKIN HYLAND & RIGGIN LLP 1939 Harrison Street, Suite 290 4 Oakland, CA 94612 Telephone: (415) 421-1800 5 Facsimile: (415) 421-1700 6 MATTHEW C. HELLAND (SBN 250451) helland@nka.com 7 DANIEL BROME (SBN 278915) dbrome@nka.com 8 NICHOLS KASTER, LLP 235 Montgomery Street, Suite 810 9 San Francisco, CA 94104 Telephone: (415) 277-7235 10 Facsimile: (415) 277-7238 11 Attorneys for Plaintiffs 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SAN MATEO 15 ALIDA MAZARIEGOS, PAULA CASE NO.: 20-CIV-04267 16 GONZALEZ, and JAIME AMAYA DECLARATION OF BENJAMIN EZEB 17 Plaintiffs, on behalf of themselves and all others similarly situated, Judge: Hon. Nancy L. Fineman 18 v. Dept.: 04 19 VANGUARD CLEANING SYSTEMS, INC.; RR FRANCHISING, INC., D/B/A 20 VANGUARD CLEANING SYSTEMS OF SOUTHERN CALIFORNIA AND D/B/A 21 VANGUARD CLEANING SYSTEMS OF NORTHERN CALIFORNIA; BUDDHA 22 CAPITAL CORPORATION, D/B/A VANGUARD CLEANING SYSTEMS OF 23 SACRAMENTO, D/B/A VANGUARD CLEANING SYSTEMS OF THE 24 CENTRAL VALLEY, AND D/B/A VANGUARD CLEANING SYSTEMS OF 25 THE CENTRAL COAST; AND WINE COUNTRY VENTURES, INC. D/B/A 26 VANGUARD CLEANING SYSTEMS OF THE NORTH BAY, AND DOES 1 27 THROUGH 10, INCLUSIVE, 28 Defendants. DECLARATION OF BENJAMIN EZEB 1 I, Benjamin Ezeb, declare: 2 1. I am over the age of 18 and competent to testify about the matters set forth in this 3 declaration. I could and would testify competently to the matters stated below. 4 2. I was a Vanguard cleaner in California from approximately 1999 until 5 approximately 2019. To work as a cleaner, I had to sign a Franchise Agreement. 6 3. I knew someone who had a Vanguard franchise and became interested in working 7 for Vanguard, so when I had enough money to buy a franchise I contacted Vanguard to learn what 8 was involved in working for Vanguard. I spoke to Mr. Lee and Eric. I can’t recall exactly, but I 9 believe I may have signed my documents with Vanguard during our very first meeting. I know I 10 needed to sign a franchise agreement to work there. I was not able to negotiate any of the terms of 11 the contract—it was take it or leave it. 12 4. Before I started working with Vanguard, I had to attend training at Vanguard’s 13 main office about Vanguard’s cleaning techniques and preferred cleaning products. I was also 14 provided with a manual. After the initial training, I also had to visit any new office I would be 15 cleaning with someone from Vanguard to discuss what was required on each site. 16 5. I worked cleaning commercial businesses for Vanguard. I generally worked on 17 accounts in the East Bay, including Berkeley, Hayward, Richmond, and Walnut Creek. 18 6. As a cleaner at Vanguard, I never marketed or advertised my services. Instead, I 19 received new accounts from Vanguard staff. I recall three individuals (first names Tom, Jim, and 20 Eric) who provided accounts to me. They would tell me about any new account, and explain the 21 time windows I was required to clean that account, and what areas to clean. I had to sign a 22 contract for each new account, and the terms of the contract were set by Vanguard. 23 7. Vanguard decided the price that the cleaning account would pay and collected the 24 money from the cleaning account. My pay was based on what Vanguard charged the account—I 25 had to pay Vanguard a portion of the fees for each account, and then Vanguard paid me the rest. 26 Sometimes I even had to keep paying Vanguard for accounts after I lost those accounts. 27 8. If I lost an account, I learned about it from Vanguard, not from the client. Once, 28 someone from Vanguard told me that one of my cleaning accounts had complained about my 1 DECLARATION OF BENJAMIN EZEB 1 services, but the client specifically told me that they had not complained. 2 9. Because Vanguard controlled my accounts, they also controlled my work hours. 3 Although I sometimes worked more than eight hours in a day, Vanguard never paid me overtime. 4 10. Vanguard had no meal or rest break policy for its cleaners. In practice, I would 5 sometimes stop for a quick bite or to use the bathroom, but I did not generally take a full, 6 uninterrupted, 30 minutes in the middle of the day (for a meal or otherwise). Nor did I regularly 7 take 10-minute rest breaks. Vanguard never paid me premium pay when I missed meal or rest 8 breaks. 9 11. Vanguard required me to pay all work-related expenses, either deducted from my 10 paycheck or separately out of my pocket, including: cleaning supplies; cleaning equipment; 11 insurance; gas and vehicle maintenance; and franchise fees. Vanguard required specific cleaning 12 products and equipment, but never reimbursed me for those expenses. 13 14 I declare under penalty of perjury under the laws of the State of California and the United 15 States of America that the foregoing is true and correct. Executed on November 9, 2021 in 16 Hayward, California. 17 18 By: Benjamin Ezeb 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF BENJAMIN EZEB