On August 03, 2020 a
Complaint,Petition
was filed
involving a dispute between
Battle, Naayshon,
Chavez, Maria,
and
Does 1 Through 10,
Telecare Corporation, A California Corporation,
for Employment - Complex
in the District Court of San Bernardino County.
Preview
UPEFtIQR
a
OURT G F CALIF aftN A
OF
1 Robert Drexler SBN 119119 N fNp
5 1 ERtVARDtNC D3STRlCT
Robert Drexler@CapstoneLawyers com
2
Molly DeSario SBN 230763
3
Molly DeSario 7a CapstoneLawyers com
Jonathan Lee SBN 267146
Janathan Lee cr CapstoneLawyers com
4 Capstone Law APC JUSTiN MANASSEE t EPUI Y
5
I875 Century Park East Suite 1000
Los Angeles California 90067
Telephane 314 556 4 11
6 Facsimile 3I0 943 0396
Attorneys for PlaintiffNaayshon Battle
8
4 SUPERIOR C4URT 4F THE
TATE OF CALIFQRNIA
10
FOR THE COUNTY OF SAN BERNARDINO
11
12 NAAYSHON BATTLE
individually and Case No p 2 0 15 7 9 t
13
an behalf af other members af the general
public similarly situated CLASS ACTION COMPLAINT
1 1 Violation
Plaintiff of California Labor Code 510
and 1198 Unpaid Overtime
15 2
vs iolatian af Califarnia Labor Cade
ll 82 12 1194 1197 1197 1 and ll 98
1 TELECARE CORPORATIUN Unpaid Minimum Wages
a Califomia
corparation and DOES 1 through 10 3 Violation of California Labor Code
17 226 512 a 516 and 1198 Failure to
inclusive
Provide Meal Periods
1 4 Violation of California Labor Code
Defendants 22b 7 516 and 198 Failure ta
19 Authorize and Permit Rest Periods
5 Vialation of California Labor Code
22b a i 174 d and 1198 Non
20
Compliant Wage Statements and Failure ta
Maintain Pa ro11 Records
21 6 Violation o Galifornia Labor Code 201
and 2Q2 Wages Not Timely Paid Upon
22 Terrninat2on
7 Vialation of California Labor Code 204
23 Fai1ure ta Time1y Pay Wages During
Employment
z4 8 Vialatlan af California Business
Professians ade 172Q0 et seq
Unlawful Business Practices and
9 Vialation of California Business
Professions Code 17200 et Unfair
2 seq
Business Practices
i ll
c i
Jury Trial Demanded
28
CLASS ACTION COMPLAINT
1
Plaintiff Naayshon Battle individually and on behalf of all other members of the
2 public similarly situated alleges as follows
3 JURISDICTION AND VENUE
4 1 This class action is brought pursuant to California Code of Civil Procedure
5 section 382 The monetary damages penalties and restitution sought by Plaintiff exceed the
6 minimal jurisdiction limits of the Superior Court and will be established according to proof at
7 trial This Court has jurisdiction over this action pursuant to the California Constitution
8 Article VI section 10 The statutes under which this action is brought do not specify any
9 other basis for jurisdiction Plaintiff s share of damages penalties and other relief sought in
10 this action does not exceed 75 000
11 2 This Court has jurisdiction over Defendants because Defendants are either
12 citizens of California have sufficient minimum contacts in California or otherwise
13 intentionally avail themselves of the California market so as to render the exercise of
14 jurisdiction over them by the California courts consistent with traditional notions of fair play
15 justice
and substantial
There is no basis for federal diversity jurisdiction in this action
16 because there is no complete diversity and this case falls within the statutory exceptions to
17 minimal
diversity jurisdiction under the Class Action Fairness Act 28 U S C 1332 d 4
18 Upon information and belief two thirds or more of the class members and Defendants are
19 citizens of California and or a two thirds ofthe class members and Defendants are citizens
20 of California b the alleged wage and hour violations occurred in California c significant
21 relief is being sought against Defendants whose violations of California wage and hour laws
22 form a significant basis for Plaintiff s claims and d no other class action has been filed
23 within the past three 3 years on behalf of the same proposed class against Defendants
24 asserting the same or similar factual allegations
25 3 Venue is proper in this Court because Defendants employ persons in this county
26 and employed Plaintiff in this county and thus a substantial portion of the transactions and
27 occurrences related to this action occurred in this county
28
Page 1
CLASS ACTION COMPLAINT
Document Filed Date
August 03, 2020
Case Filing Date
August 03, 2020
Category
Employment - Complex
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UPEFtIQR a OURT G F CALIF aftN A OF 1 Robert Drexler SBN 119119 N fNp 5 1 ERtVARDtNC D3STRlCT Robert Drexler@CapstoneLawyers com 2 Molly DeSario SBN 230763 3 Molly DeSario 7a CapstoneLawyers com Jonathan Lee SBN 267146 Janathan Lee cr CapstoneLawyers com 4 Capstone Law APC JUSTiN MANASSEE t EPUI Y 5 I875 Century Park East Suite 1000 Los Angeles California 90067 Telephane 314 556 4 11 6 Facsimile 3I0 943 0396 Attorneys for PlaintiffNaayshon Battle 8 4 SUPERIOR C4URT 4F THE TATE OF CALIFQRNIA 10 FOR THE COUNTY OF SAN BERNARDINO 11 12 NAAYSHON BATTLE individually and Case No p 2 0 15 7 9 t 13 an behalf af other members af the general public similarly situated CLASS ACTION COMPLAINT 1 1 Violation Plaintiff of California Labor Code 510 and 1198 Unpaid Overtime 15 2 vs iolatian af Califarnia Labor Cade ll 82 12 1194 1197 1197 1 and ll 98 1 TELECARE CORPORATIUN Unpaid Minimum Wages a Califomia corparation and DOES 1 through 10 3 Violation of California Labor Code 17 226 512 a 516 and 1198 Failure to inclusive Provide Meal Periods 1 4 Violation of California Labor Code Defendants 22b 7 516 and 198 Failure ta 19 Authorize and Permit Rest Periods 5 Vialation of California Labor Code 22b a i 174 d and 1198 Non 20 Compliant Wage Statements and Failure ta Maintain Pa ro11 Records 21 6 Violation o Galifornia Labor Code 201 and 2Q2 Wages Not Timely Paid Upon 22 Terrninat2on 7 Vialation of California Labor Code 204 23 Fai1ure ta Time1y Pay Wages During Employment z4 8 Vialatlan af California Business Professians ade 172Q0 et seq Unlawful Business Practices and 9 Vialation of California Business Professions Code 17200 et Unfair 2 seq Business Practices i ll c i Jury Trial Demanded 28 CLASS ACTION COMPLAINT 1 Plaintiff Naayshon Battle individually and on behalf of all other members of the 2 public similarly situated alleges as follows 3 JURISDICTION AND VENUE 4 1 This class action is brought pursuant to California Code of Civil Procedure 5 section 382 The monetary damages penalties and restitution sought by Plaintiff exceed the 6 minimal jurisdiction limits of the Superior Court and will be established according to proof at 7 trial This Court has jurisdiction over this action pursuant to the California Constitution 8 Article VI section 10 The statutes under which this action is brought do not specify any 9 other basis for jurisdiction Plaintiff s share of damages penalties and other relief sought in 10 this action does not exceed 75 000 11 2 This Court has jurisdiction over Defendants because Defendants are either 12 citizens of California have sufficient minimum contacts in California or otherwise 13 intentionally avail themselves of the California market so as to render the exercise of 14 jurisdiction over them by the California courts consistent with traditional notions of fair play 15 justice and substantial There is no basis for federal diversity jurisdiction in this action 16 because there is no complete diversity and this case falls within the statutory exceptions to 17 minimal diversity jurisdiction under the Class Action Fairness Act 28 U S C 1332 d 4 18 Upon information and belief two thirds or more of the class members and Defendants are 19 citizens of California and or a two thirds ofthe class members and Defendants are citizens 20 of California b the alleged wage and hour violations occurred in California c significant 21 relief is being sought against Defendants whose violations of California wage and hour laws 22 form a significant basis for Plaintiff s claims and d no other class action has been filed 23 within the past three 3 years on behalf of the same proposed class against Defendants 24 asserting the same or similar factual allegations 25 3 Venue is proper in this Court because Defendants employ persons in this county 26 and employed Plaintiff in this county and thus a substantial portion of the transactions and 27 occurrences related to this action occurred in this county 28 Page 1 CLASS ACTION COMPLAINT