Complaint,Petition: Motion for Final Approval of Class Action and PAGA Settlement

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1       LAW CIFFICE OF SCUTT ERNE T W TEELER                                   SEN 2 5      Z
        Scott Emest t1 eeler SBN 18 799
        250 West Fir t Street Suite 21 b
        Claremont Californi    91711                                            M    ISSA PEREZ DEPU
        Telephone   909   621 4988
        Facsimiie 909 621 4622
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        Ernail sew a scottwheelerlawoffice   corn                                                           j
        Attorneyfar Plaintiffand t ee aggrreved employees


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                           SUPERIOR CUURT QF THE STATE 4F CALIFORNIA                                                     w
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                                        COUNTY UF SAN BERNARllINO
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        MfAR IA VILLEGAS inc ividually       and   an           ASE N      V        5i   2Q                         i

        behalfaf all others sirnilarly si uated
                                                              COMPLAINT FQR VIULATIUN O                                 THE
    4                                                         CALIFORNIA LABOR CQDE PRY ATE
                       Plaintif                               ATTCIRNEYS GENERAL ACT 3F 004
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                                                                PAGA
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        MYOJO USA INC a corporation and DUES
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        1 through SQ inclusive

                        Defendants
                                                               llEMAND FCMR JURY TRIAL
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                                                        C   MPLAINT
    I                                                       Ilw I RCIDUCTIQIV

    2            This is                                     brought                     Villegas
                            a   represerrtative action                        by Maria                     Plaintiff     on      half of

    3   aggrieved empioyees            a ainst   Myojo USA               Inc      De   endant       in    vrder   to   hold     fendant

    4   accountable   fQr its     wage theft and vialations of the                Califarnia Labc    x    Cade Plaintiff        akes the


    5   allovti ing allegations an information and belief except as tcr allegatic ns pertaining tQ Plain iff
    6   individually which are based on her respective personal knowledge

    7            1         As private for profit businesses Defendant has implemented cornrnon pal cies arad

    8   practices that have resulted in systematic violations of California s wage and hour laws D fendant

    9   is jointty and sev rally liabie for aII ofthe violations of the California Labor Code alleg ed erein
10               2         In order to minimize labor cr sts Llefendant has implemented unlawful policie

11      with    respect   ta    meal   and   rest     br   aks    F 4r    example      Defendant         requires   their no      xempt


12      ernployees to work through meal and rest                  hreaks       and to remain on Gall
                                                                                                           during   such   br      As a

13      result Plaintiff and other non exempt emgloyees have been denied the ability to take c mpliant
14      rneal and rest breaks that they were and are le ally entitl ci to take
15               3         Defendant al o uniformly faiied to pay Plaintiff and other aggrieved e ployees
16      proper overtime and minimurn wages due the fact that they willfully turn a blind eye ta aff the
i7      alock wark that Ptaintiff and other non exempt ernployees perform as a direct conseq ence of
1       Defendant s understafFng and imposition of an unre sanable warklaad

1                4         Defendant denies that it emplayed Ptaintiff and the oth r aggrieved em loyees

24      1Vloreover Defendant failed to grovide Plai ntiff and the ather aggrieved employees with taernized

21      and    accurate    wage                  in                               Labor Cade        226
                                   statement           Gampliance         with
                                                                                                              by failing tt include
22      Defendant s legal name and address failing to provide for premium payments far non c rnpliant
23      meal and rest periads arnong other items yet ta be discavered
24                                               JURISDYCTIUN AND VENUE

25               5         The Superior Court         af the     State   of    alifornia has jurisdictian in this matter ecause

26      P aintiff is a resident and citi en of Califarnia Defendas t Myojo USA Inc is a C ifornia

27      corporatian that is quatifed to do business in California and regularly cc nducts bus ness in
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                                                                    C    MPLAINT