Legal Document: PENA VS TACO BROS INC., A CALIFORNIA CORPORATION ET AL

On October 06, 2022 a 138687_COMPLAINT_2 was filed involving a dispute between Elijah Pena, and Islam Elgafy, Kayla Shelton, Taco Bros, Inc., in the District Court of Kern County.

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1 DANIEL SORENSON, SBN 149630
ELAN (LONNY) OSTERMAN, SBN 271851
2 Lawyers for Employee and Consumer Rights
4100 West Alameda Avenue, Third Floor
3 Burbank, CA 91505
Phone: (323) 375-5101
4 Fax: (323) 306-5571
5 Attorneys for Plaintiff
6

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 KERN COUNTY

11 ELIJAH PENA, Case No:
Plaintiff,
12 COMPLAINT FOR:
13 vs. 1. Wrongful Termination (Cal.
Govt. Code §§ 12900, et seq.)
14 2. Wrongful Termination in
TACO BROS, INC., a California Corporation; Violation of Public Policy
15 KAYLA DOE, a resident of the State of 3. Failure to Engage in the
California, ISLAM ELGAFY, a resident of the Interactive Process and Reasonably
16 State of California, and DOES 1 through 100, Accommodate (Cal. Govt. Code §§
inclusive. 12940 et seq.)
17 4. Violation of the Supplemental
Defendants, Paid Sick Leave ("SPSL") Act
18 5. Breach of Contract
6. Failure to Pay Earned Wages
19 (Cal. Lab. Code §§ 204, 206, 218.5
and 218.6)
20 7. Failure to Pay Reporting Time
Wages (Cal. Lab. Code §§ 204, 206,
21 216, 218.5, 218.6)
8. Failure to Reimburse for
22 Necessary Expenditures Incurred
UNLIMITED CIVIL MATTER During Discharge of Work Duties
23 (Cal. Lab. Code § 2802)
9. Failure to Furnish Compliant
24 Wage Statements (Cal. Lab. Code §§
226 and 226.3)
25 10. Waiting Time Penalties (Cal.
Lab. Code §§ 201, 202 and 203)
26

27
JURY TRIAL DEMANDED
28

Page 1
COMPLAINT
1 Elijah Pena, Plaintiff, ("PLAINTIFF") hereby complains against TACO BROS,

2 INC., KAYLA DOE, ISLAM ELGAFY, DEFENDANTS, and each of them, and alleges

3 as follows:

4 I.

5 GENERAL ALLEGATIONS

6 1. This is an action for violation of California’s employment and wage and

7 hour laws. PLAINTIFF alleges that DEFENDANT, Taco Bros, Inc., by and through any

8 sole proprietors, owners, shareholders, officers, directors, members and managing agents,

9 and alter egos, KAYLA DOE, ISLAM ELGAFY, and DOES 1 Through 100, inclusive

10 “DEFENDANTS”):

11 2. wrongfully terminated and/or retaliated against PLAINTIFF in violation

12 of Govt. Code §§ 12900, et seq.;

13 3. wrongfully terminated PLAINTIFF'S employment in violation of

14 important public policies of the State of California, as set forth and established by

15 California employment statutes and case law;

16 4. failed to engage in the interactive process with PLAINTIFF and

17 reasonably accommodate PLAINTIFF’S disability, in violation of Govt. Code Sections

18 12900, et seq.;

19 5. violated the Supplemental Paid Sick Leave ("SPSL") Act, Labor Code §

20 248.2;

21 6. breached a contract with PLAINTIFF;

22 7. failed to pay PLAINTIFF earned wages for hours and days worked, in

23 violation of California Labor Code Sections 204, 206, 218.5 and 218.6;

24 8. failed to pay PLAINTIFF reporting time wages; in violation of Labor

25 Code Sections 204, 206, 216, 218.5 and 218.6;

26 9. failed to reimburse and/or indemnify PLAINTIFF for employer-business

27 related costs paid out of PLAINTIFF'S pocket at DEFENDANTS' insistence, in violation

28 of Labor Code Section 2802;

Page 2
COMPLAINT
1 10. failed to furnish PLAINTIFF with compliant wage statements, in violation

2 of Labor Code Sections 226 and 226.3;

3 11. failed to pay PLAINTIFF all wages owed at the time of termination, in

4 violation of Labor Code Sections 201 through 203;

5 12. The foregoing acts and other acts by the DEFENDANTS violated

6 provisions of the Labor Code, including, but not limited to sections 201, 202, 203, 204,

7 206, 207, 210, 216, 218.5, 218.6, 221-223, 225.5, 226, 226.3, 226.7, 401-410, 510, 512,

8 515, 551, 552, 553, 558, 1174, 1174.5, 1182, 1197, 2802 and 3751, the UCL, applicable

9 wage order, other laws and regulations and PLAINTIFF'S rights.

10 13. Venue is proper in this Court because the DEFENDANTS do substantial

11 business in Kern County, California.

12 II.

13 THE PARTIES

14 14. Elijah Pena is, and at all times mentioned herein was a competent adult

15 residing in the State of California.

16 15. Individual DEFENDANT, KAYLA DOE, is and at all times mentioned

17 herein was a competent adult residing and employed in the State of California.

18 16. Individual DEFENDANT, ISLAM ELGAFY, is and at all times

19 mentioned herein was a competent adult residing and employed in the State of

20 California.

21 17. PLAINTIFF is informed and believes, and based thereon alleges, that

22 DEFENDANTS were, at all times relevant herein, the owner, shareholder, sole

23 proprietor, superintendent, officer, director, manager, and managing agent of

24 DEFENDANTS.

25 18. PLAINTIFF is informed and believes, and based thereon alleges, that

26 Defendant, Taco Bros, Inc., is a California Corporation purportedly authorized to do

27 business within the State of California with its principal place of business located in Kern

28 County, California.

Page 3
COMPLAINT
1 19. DEFENDANTS are subject to Labor Code and other California law

2 including, but not limited to, Cal. Bus. & Prof. Code sections 17200, et seq., and the

3 applicable Wage Order(s) issued by the Industrial Welfare Commission.

4 20. At all times herein mentioned, DEFENDANTS participated in the doing

5 of the acts and omissions herein alleged, were acting within the purpose, course and

6 scope of said agency and/or employment to have been done by the named

7 DEFENDANTS; and furthermore, the DEFENDANTS, and each of them, were the

8 agents, managing agents, servants, employees, alter-egos, co-conspirators, joint-

9 venturers, partners, successors in interest and predecessors in interest of each of the other

10 DEFENDANTS.

11 21. At all times herein mentioned, DEFENDANTS were acting within the

12 purpose, course and scope of said agency and/or employment so as to invoke vicarious

13 liability and respondeat superior liability among other theories of liability to hold

14 DEFENDANTS liable and responsible for the injuries and damages to PLAINTIFF.

15 22. At all times herein mentioned, DEFENDANTS were members of and

16 engaged in a joint venture, partnership and common enterprise, and acting within the

17 purpose, course and scope of, and in pursuit of, said joint venture, partnership and

18 common enterprise.

19 23. At all times herein mentioned, the acts and omissions of various

20 DEFENDANTS contributed to the various acts and omissions of each and all of the other

21 DEFENDANTS in proximately causing the injuries and damages as herein alleged.

22 24. At all times herein mentioned, DEFENDANTS, including all

23 DEFENDANTS' managing agents, officers and directors, had advanced knowledge of

24 and/or ratified each and every act or omission complained throughout this complaint. At

25 all times relevant herein, DEFENDANTS and/or their managing agents, officers or

26 directors committed and/or participated in the wrongful acts and omissions complained

27 of throughout this complaint or ratified such acts and omissions. At all times herein

28 mentioned, DEFENDANTS aided and abetted the acts and omissions of each and all of

Page 4
COMPLAINT
1 the other DEFENDANTS in proximately causing the damages as herein alleged.

2 25. PLAINTIFF is informed and believes and thereon alleges that at all times

3 herein mentioned DEFENDANTS and DOES 1 through 100, are and were individuals,

4 sole proprietorships, corporations, business entities, persons, and partnerships, licensed

5 to do business and/or actually doing business in the State of California.

6 26. PLAINTIFF is unaware of the true names and capacities, whether

7 informed and believes and thereon alleges that at all times herein mentioned

8 DEFENDANTS and DOES 1 through 100, are and were individual, corporate, associate,

9 or otherwise, of the DEFENDANTS sued as DOES 1 through 100, inclusive. They are

10 unknown to PLAINTIFF and therefore sues them by such fictitious names. PLAINTIFF

11 will amend this complaint to allege their true names and capacities when they become

12 known to PLAINTIFF. PLAINTIFF is informed and believes, and thereon alleges, that

13 DOES 1 through 100, inclusive, are indebted to PLAINTIFF as hereinafter alleged, and

14 that PLAINTIFF'S rights against such fictitiously named DEFENDANTS arise from such

15 indebtedness.

16 27. PLAINTIFF is informed and believes and on that basis alleges that each

17 Defendant sued in this action, including each Defendant sued by the fictitious names

18 DOES 1 through 100, inclusive, is responsible and liable in some manner for the

19 occurrences, controversies and damages alleged below.

20 28. All references to “Defendant”, “Defendants”, "DEFENDANT,

21 “DEFENDANTS”, “company”, “company’s”, “employer” or any similar language,

22 whether singular or plural, shall mean "DEFENDANTS, and each of them" when used

23 throughout this Complaint.

24 III.

25 SPECIFIC ALLEGATIONS

26 29. DEFENDANTS employed PLAINTIFF from on or about August 28,

27 2021, to January 31, 2022, as a Dishwasher.

28 30. PLAINTIFF tested positive for COVID-19. PLAINTIFF attempted to

Page 5
COMPLAINT
1 engage in the interactive process with DEFENDANTS and requested reasonable

2 accommodations for a disability. However, DEFENDANTS failed to engage in the

3 interactive process and failed to provide PLAINTIFF with a reasonable accommodation

4 as required by the ADA and FEHA.

5 31. PLAINTIFF attempted to exercise rights under the Supplemental Paid

6 Sick Leave ("SPSL") Act to use medical leave to self-quarantine after developing

7 symptoms of COVID-19 or provide medical care for an individual subject to quarantine

8 due to COVID-19 or provide childcare for a child whose school had been closed due to

9 COVID-19. DEFENDANTS denied PLAINTIFF the right to take medical leave in

10 explicit violation of the SPSL.

11 32. DEFENDANTS breached an employment contract with PLAINTIFF.

12 33. DEFENDANTS failed to pay PLAINTIFF earned wages for hours and

13 days worked.

14 34. DEFENDANTS failed to pay PLAINTIFF reporting time wages.

15 35. DEFENDANTS failed to reimburse PLAINTIFF for expenses incurred on

16 behalf of DEFENDANTS.

17 36. DEFENDANTS failed to provide PLAINTIFF with compliant wage

18 statements.

19 37. DEFENDANTS failed to pay PLAINTIFF all wages owed following

20 PLAINTIFF’S termination.

21 38. PLAINTIFF is informed and believes, and based thereon alleges, that

22 DEFENDANTS have engaged in other illegal and wrongful acts, which are currently

23 unknown to PLAINTIFF. Upon discovery of such acts, PLAINTIFF will amend this

24 complaint to allege these unknown illegal and wrongful acts and omissions committed by

25 DEFENDANTS.

26 39. Pursuant to the Labor Code, California law and applicable Wage Orders,

27 PLAINTIFF is entitled to all damages, unpaid wages, statutory penalties, waiting time

28 penalties, interest and attorney’s fees and costs for the illegal and wrongful acts and

Page 6
COMPLAINT
1 omissions of DEFENDANTS, all as alleged throughout this Complaint.

2 IV.

3 CAUSES OF ACTION

4 First Cause of Action

5 Wrongful Termination

6 (Cal. Govt. Code §§ 12900 et seq.)

7 (By PLAINTIFF Against All DEFENDANTS)

8 40. PLAINTIFF incorporates by reference and realleges the above paragraphs

9 as though set forth fully herein.

10 41. This cause of action arises under the public policies of the State of

11 California and the United States, and DEFENDANTS' retaliation against PLAINTIFF

12 and ultimate termination of their employment was in violation of such public policies,

13 including those set forth in statutes and regulations prohibiting discrimination,

14 harassment and retaliation or complaints about violations of the FEHA and/or Labor

15 Code, including, but not limited to the California Fair Employment and Housing Act, the

16 California Labor Code, statutes and regulations prohibiting gender-based and/or

17 disabilities arising from workplace injuries, discrimination/harassment/retaliation, and

18 statutes and regulations prohibiting employers from discriminating/harassing/retaliating

19 employees who seek a safe work environment, seek to be free from harassment in the

20 workplace, to time off to attend to criminal proceeding matters and to have complaints

21 thereto properly addressed by the employer.

22 42. As a direct and proximate result of DEFENDANTS' conduct as set forth

23 above, PLAINTIFF'S emotional well-being has substantially suffered and will continue

24 to suffer; PLAINTIFF has experienced and continues to experience severe emotional

25 distress, in an amount to be proven at trial. PLAINTIFF alleges that they have and will

26 continue to suffer substantial losses in earnings, other employment opportunities,

27 employment benefits and other damages, the precise amounts to be proven at trial.

28 43. DEFENDANTS' conduct as described herein was malicious and

Page 7
COMPLAINT
1 oppressive and done with a conscious disregard of PLAINTIFF'S rights.

2 DEFENDANTS' acts were designed to humiliate and oppress PLAINTIFF; and they had

3 that effect. DEFENDANTS condoned, ratified and encouraged the unlawful conduct.

4 Thus, PLAINTIFF is entitled to punitive damages against DEFENDANTS under

5 California Civil Code Section §3294.

6 Second Cause of Action

7 Wrongful Termination in Violation of Public Policy

8 (By PLAINTIFF Against All DEFENDANTS)

9 44. PLAINTIFF incorporates by reference and realleges the above paragraphs

10 as though set forth fully herein.

11 45. This cause of action arises under the public policies of the State of

12 California and the United States, and DEFENDANTS' retaliation against PLAINTIFF

13 and ultimate termination of their employment was in violation of such public policies,

14 including those set forth in statutes and regulations prohibiting discrimination,

15 harassment and retaliation or complaints about violations of the FEHA and/or Labor

16 Code, including, but not limited to the California Fair Employment and Housing Act, the

17 California Labor Code, statutes and regulations prohibiting gender-based and/or

18 disabilities arising from workplace injuries, discrimination/harassment/retaliation, and

19 statutes and regulations prohibiting employers from discriminating/harassing/retaliating

20 employees who seek a safe work environment, seek to be free from harassment in the

21 workplace, to time off to attend to criminal proceeding matters and to have complaints

22 thereto properly addressed by the employer.

23 46. As a direct and proximate result of DEFENDANTS' conduct as set forth

24 above, PLAINTIFF'S emotional well-being has substantially suffered and will continue

25 to suffer; PLAINTIFF has experienced and continues to experience severe emotional

26 distress, in an amount to be proven at trial. PLAINTIFF alleges that they have and will

27 continue to suffer substantial losses in earnings, other employment opportunities,

28 employment benefits and other damages, the precise amounts to be proven at trial.

Page 8
COMPLAINT
1 47. DEFENDANTS' conduct as described herein was malicious and

2 oppressive and done with a conscious disregard of PLAINTIFF'S rights.

3 DEFENDANTS' acts were designed to humiliate and oppress PLAINTIFF; and they had

4 that effect. DEFENDANTS condoned, ratified and encouraged the unlawful conduct.

5 Thus, PLAINTIFF is entitled to punitive damages against DEFENDANTS under

6 California Civil Code Section §3294.

7 Third Cause of Action

8 Failure to Engage in the Interactive Process and Reasonably Accommodate

9 (Cal. Govt. Code §§ 12940 et seq.)

10 (By PLAINTIFF Against All DEFENDANTS)

11 PLAINTIFF alleges and incorporates herein by this reference each and

12 every allegation set forth in all previous paragraphs of the Complaint.

13 PLAINTIFF was at all times hereto an “employee” within the meaning of

14 California Government Code §12926(c) and California Government Code §§12940(a)

15 and (c), which prohibit disability/medical condition harassment/discrimination in

16 employment.

17 DEFENDANT was at all material times an “employer” within the

18 meaning of California Government Code §12926(d) and California Government Code §§

19 12940(a) and (c) and, as such, was barred from harassment/discrimination of

20 PLAINTIFF on the basis of disability, perceived disability, or medical condition

21 possessed or thought to be possessed by an employee, as set forth in California

22 Government Code §12940.

23 Throughout employment with DEFENDANT, PLAINTIFF suffered from

24 a condition that substantially limits one or more major life activities.

25 Despite having notice of PLAINTIFF’s condition, and notice of

26 PLAINTIFF’s request for reasonable accommodations, DEFENDANT failed to engage

27 in a timely, good faith, interactive process with PLAINTIFF to determine effective

28 reasonable accommodations for PLAINTIFF to continue working effectively in violation

Page 9
COMPLAINT
1 of California Government Code §12940(n).

2 As a result of DEFENDANTS failure to engage in the interactive process

3 of accommodation of known disabilities, PLAINTIFF has suffered and continues to

4 suffer (a) substantial humiliation, serious mental anguish, and emotional and physical

5 distress; and (b) loss of past and future earnings, and employment benefits and

6 opportunities, on account of which PLAINTIFF is entitled to compensatory damages.

7 The exact amount and nature of such damages exceed the jurisdictional limits of this

8 court, but are presently unknown to PLAINTIFF, who will either seek leave to amend

9 this Complaint upon ascertaining such information or will prove the same at the time of

10 trial.

11 As more fully set forth above, DEFENDANT failure to engage in the

12 interactive process to accommodate PLAINTIFF’S known disabilities was committed

13 intentionally, maliciously, wantonly, oppressively, and fraudulently with a conscious

14 disregard for PLAINTIFF’S rights and with the intent to vex, injure, punish, and annoy

15 PLAINTIFF so as to cause the injuries sustained by PLAINTIFF. Such acts amounted to

16 oppression, fraud, and malice, as described in California Civil Code § 3294.

17 PLAINTIFF is therefore entitled to punitive or exemplary damages in an amount

18 sufficient to punish and make an example out of DEFENDANT.

19 Fourth Cause of Action

20 Violation of the Supplemental Paid Sick Leave ("SPSL") Act

21 (Labor Code § 248.2)

22 (By PLAINTIFF Against All DEFENDANTS)

23 55. PLAINTIFF incorporates by reference and realleges the above paragraphs

24 as though set forth fully herein.

25 56. DEFENDANT denied PLAINTIFF the right to receive 80 hours of paid

26 leave for medical leave to self-quarantine or otherwise attend to symptoms of COVID-

27 19.

28 57. DEFENDANT denied PLAINTIFF the right to receive 80 hours of paid

Page 10
COMPLAINT
1 leave for medical leave provide care for an individual who suffered from the symptoms

2 of COVID-19.

3 58. DEFENDANT denied PLAINTIFF the right to 80 hours of wages.

4 59. DEFENDANT terminated PLAINTIFF after exercising the right to take

5 time off pursuant to the SPSL.

6 60. Based on DEFENDANTS' conduct as alleged herein, DEFENDANTS are

7 liable for civil penalties, legal and equitable relief pursuant to Labor Code § 248.2 and

8 other applicable laws and regulations.

9 Fifth Cause of Action

10 Breach of Contract

11 (By PLAINTIFF Against All DEFENDANTS)

12 61. PLAINTIFF incorporates by reference and realleges the above paragraphs

13 as though set forth fully herein.

14 62. PLAINTIFF has performed all conditions, covenants, and promises

15 required on PLAINTIFF'S part to be performed in accordance with the terms and

16 conditions of the contract, except those that were excused or discharged.

17 63. DEFENDANT failed to perform all conditions, covenants, and promises

18 required to be performed by DEFENDANT in accordance with the terms and conditions

19 of the agreement except those that were excused or discharged.

20 64. PLAINTIFF is entitled to the full contract value of wages and

21 commissions due pursuant to contract, in an amount according to proof, plus interest.

22 Sixth Cause of Action

23 Failure to Pay Earned Wages

24 (Cal. Lab. Code §§ 204, 206, 216, 218.5, 218.6)

25 (By PLAINTIFF Against All DEFENDANTS)

26 65. PLAINTIFF incorporates by reference and realleges the above paragraphs

27 as though set forth fully herein.

28 66. In the last four years past, DEFENDANTS failed and refused to pay

Page 11
COMPLAINT
1 PLAINTIFF all the wages earned working for DEFENDANTS as required by the Labor

2 Code and other applicable laws and regulations.

3 67. PLAINTIFF has been deprived of rightfully earned wages as a direct and

4 proximate result of DEFENDANTS' failure and refusal to pay said compensation.

5 PLAINTIFF is entitled to recover such amounts, plus interest thereon, attorney’s fees and

6 costs and applicable civil and statutory penalties.

7 Seventh Cause of Action

8 Failure to Pay Reporting Time Wages

9 (Cal. Lab. Code §§ 204, 206, 216, 218.5, 218.6)

10 (By PLAINTIFF Against All DEFENDANTS)

11 68. PLAINTIFF incorporates by reference and realleges the above paragraphs

12 as though set forth fully herein.

13 69. On multiple occasions, PLAINTIFF was sent home early during scheduled

14 shifts.

15 70. DEFENDANT failed to pay PLAINTIFF reporting time wages for these

16 shifts.

17 71. As a result, PLAINTIFF has been deprived of rightfully earned wages as a

18 direct and proximate result of DEFENDANTS' failure and refusal to pay said

19 compensation. PLAINTIFF is entitled to recover such amounts, plus interest thereon,

20 attorney’s fees and costs and applicable civil and statutory penalties.

21 Eighth Cause of Action

22 Failure to Reimburse PLAINTIFF for Expenditures Made on Employer’s Behalf

23 (Cal. Lab. Code § 2802)

24 (By PLAINTIFF Against All DEFENDANTS)

25 72. PLAINTIFF incorporates by reference and realleges the above paragraphs

26 as though set forth fully herein.

27 73. DEFENDANTS failed to indemnify PLAINTIFF, as their employee, for

28 all necessary expenditures or losses incurred by PLAINTIFF in direct consequence of the

Page 12
COMPLAINT
1 discharge of work-related duties.

2 74. As a proximate cause of DEFENDANTS' failure to indemnify or

3 reimburse PLAINTIFF, PLAINTIFF has been deprived of compensation for work related

4 expenses arising from and in direct consequence of the discharge of work duties and

5 been damaged in an amount according to proof at the time of trial. PLAINTIFF is

6 entitled to recover such amounts, plus interest thereon, attorney’s fees and costs pursuant

7 to Labor Code § 2802 et seq., plus statutory and civil penalties pursuant to the Labor

8 Code and other applicable laws and regulations.

9 Ninth Cause of Action

10 Failure to Furnish Compliant Wage Statements

11 (Labor Code §§ 226 and 226.3)

12 (By PLAINTIFF Against All DEFENDANTS)

13 75. PLAINTIFF incorporates by reference and realleges the above paragraphs

14 as though set forth fully herein.

15 76. DEFENDANTS failed to provide PLAINTIFF with timely and accurate

16 wage statements pursuant to Labor Code § 226(a)(1)-(9) by failing to include one or

17 more of the required items of information: gross wages earned (Cal. Lab. Code §

18 226(a)(1)); total hours worked (Cal. Lab. Code § 226(a)(2)); number of piece rate unites

19 earned and all applicable piece rates (Cal. Lab. Code § 226(a)(3)); all deductions made

20 (Cal. Lab. Code § 226(a)(4)); net wages earned (Cal. Lab. Code § 226(a)(5)); the pay

21 periods’ inclusive dates (Cal. Lab. Code § 226(a)(6)); the employee’s name and either

22 last four (only) Social Security digits or employee ID number (Cal. Lab. Code §

23 226(a)(7)); the name and address of the legal entity employing PLAINTIFF (Cal. Lab.

24 Code § 226(a)(8)); all applicable hourly rates in effect during each pay period and the

25 corresponding number of hours worked at each hourly rate (Cal. Lab. Code § 226(a)(9));.

26 77. DEFENDANTS are liable for statutory penalties and civil penalties

27 pursuant to Labor Code §§ 226, 226.3 and 558 and the other applicable laws and

28 regulations.

Page 13
COMPLAINT
1 Tenth Cause of Action

2 Waiting Time Penalties

3 (Cal. Lab. Code §§ 201 through 203)

4 (By PLAINTIFF Against All DEFENDANTS)

5 78. PLAINTIFF incorporates by reference and realleges the above paragraphs

6 as though set forth fully herein.

7 79. DEFENDANTS willfully failed to pay PLAINTIFF accrued wages and

8 other compensation due to PLAINTIFF immediately upon termination, or within 72

9 hours of PLAINTIFF'S resignation.

10 80. DEFENDANTS are liable for statutory and civil waiting time penalties of

11 up to 30 days of pay pursuant to Labor Code § 203 and other applicable laws and

12 regulations.

16 V.

17 PRAYER

18 WHEREFORE, PLAINTIFF hereby prays that the Court enter judgment in their

19 favor and against DEFENDANTS and DOES 1 Through 100, inclusive, collectively

20 DEFENDANTS, and each of them, as follows:

21 (a) For payment of earned wages, overtime compensation, meal and

22 rest period compensation, waiting time compensation and other damages according to

23 proof in an amount to be ascertained at trial, and in excess of the jurisdictional limit of

24 this Court;

25 (b) For payment of all statutory obligations and penalties as required

26 by law;

27 (c) For civil penalties to the extent permitted by law and Labor Code

28 §§ 2698 and 2699 et seq.

Page 14
COMPLAINT
1 (d) For an accounting, under administration of PLAINTIFF and

2 subject to Court review;

3 (e) For injunctive relief compelling production of PLAINTIFF'S

4 employment file and/or wage records;

5 (f) A declaration of the rights and interests of the parties;

6 (g) For prejudgment interest at the legal rate;

7 (h) For attorney’s fees and costs;

8 (i) For costs of suit incurred herein;

9 (j) For restitution and disgorgement of ill-gotten profits;

10 (k) For punitive damages in an amount sufficient to punish

11 DEFENDANTS for the wrongful conduct alleged herein and to deter such conduct in the

12 future; and,

13 (l) For such further relief as the Court may deem appropriate.

15 10/7/2022 /s/Daniel Sorenson
Dated: ___________________________________
By: Daniel Sorenson, Elan (Lonny) Osterman
16
Attorney for PLAINTIFF
17

Page 15
COMPLAINT

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Document Filed Date

October 07, 2022

Case Filing Date

October 06, 2022

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