On June 10, 2019 a
Complaint,Petition
was filed
involving a dispute between
Alcantar, Alejandro,
and
Does 1 Through 100,
Nitto Tire U.S.A. Inc.,
Toyo Tire Holdings Of Americas Inc. A California Corporation,
Toyo Tire U.S.A. Corp.,
for Employment-Other
in the District Court of San Bernardino County.
Preview
FIL D
1 EC A1WSZ13ri SBN 3294
W1A SCOUNTYOF SAN BERNARDINO
LAWYERS for JU TICE PC SANBERNARDINODISTRICT
2 4I0 West Arden Avenu Suite 243
Glendale Ca ifornia 91103 J U N 1 U 2019
3 Tel 818 265 1020 F x 818 265 1021
gY
Attorneysfor Plaintiff
4 f
MfCHAEL WELCH Ii DEPUTY
5
6
7
g
SUPERIUR COURT OF TI E STATE OF CALIFQRNIA
4 OR THE COUl IT 9 aF SAN BERNARI INU
1
ALEJANDRO ALCAItif TAR Case No T
10 individually
and on behalf of other rziembers of the
t 11 general public simiiarly situated CLAS ACTION COMPLA NT FOR
M
Q DAMAGES
i
w 12 Plaintiff
N 1 Viol tion of California Labor Code
a 13 vs 510 and 1198 Unpaid
o Overtime
lq TOYO TIRE HOLDINC7S OF ERICAS 2 Violation of California Labor Code
Uo b INC a California corp ratic n and DOES I 226 7 and 512 a Unpazd Mea
G 15 through 1 Q4 inclusive Periad Premiums
3 Violation of California Labor Code
o 16 Defenda ts 226 7 Unpaid Rest Period
a 17 4
Prerniums
Violation of California Labor Code
1194 1197 and 1197 1 IJnpa d
18 Minimum Wages
5 Violation of California Labor Code
19 20I and 202 Final Wages Not
Timely Paid
2p b Violation o California Labor Code
204 Wages Not Timely Paid
21 Duriiig EmpIoyment
7 Viol tion of California Labor Cotie
22 22F a Non Compliant Wage
Statements
23 8 Violation of California Labor Code
1174 d Failure To Keep
24 Requisite Payroll Records
9 Violation of California Labor Cocie
z5 2800 and 2802 Unreimbursed
Business Expenses
26 I O Violation of California Business F
Professions Code 17200 et sec
27
DEMAND FOR JURY TRIAIL
28
I LASS AC TION COMYL e t VT ANI i D8MAN7 FOIt JUItY TRIAL
t
1 COMES NOW Plaintiff ALEJANDRb ALCANTAR Plaintiff individually and on
2
behalf of other member ofth general public similarly situated and alleges as follows
3 JURISDICTION AND VENUE
4 1 This class action is brought pursuant to the California Code of Civil Procedure
5 382
sectian
The monetary damages and restitution sought by Plaintiff exceeds the minimal
6
jurisdiction limits of the Superior Court and will be established according to proofat trial
7 2 This Cotzrt has jurisdiction over this action pursuant ta the California
8 Constitution Article VI Section 10 which grants the superior court original jurisdiction in all
9
other causes except thase given by statute to other courts The statutes under which this
10
action is brought do not specify any other basis for jurisdiction
11 3 This Cotu t has jurisdiction over Defendant because upon information and
V
a o
w 12 belief Defendant zs a citizen of Californza has sufficient minimum contacts in California or
0
13 otherwise intentionallY avails itself of the California market so as to render the exercise of
14 jurisdiction over it by Califarnia courts consistent with traditionaI notions of fair play and
v V
b ti
15 substantial justice
Wy
3 0 16 4 Venue is proper in tkus Court because upon information and belief De endant
d
17 maintains offices has agents employs individuals and or transacts business in the State of
18 California Caunty o San Bernardino The majority of acts and omissions alleged herein
19 relating to PIaintiff and the other ciass members took place in the State of California incIuding
20 the County of San Bern rdino
21 PARTIES
22 5 Plaintiff ALEJANDRO ALCANTAR is an individual residing in the State of
23 California County of S m Bernardino
24 6 Defendan t TOYO TIRE HOLDINGS OF AMERICAS INC at aIl times herein
25 mentioned was and is upon information and belief a Califarnia corporation and at all times
26 herein mentioned an employer whose employees are engaged throughout the State of
27 California including th County of Sati Bernardino
Zs ir
z
CLASS ACT10N COMPLAINT FO t DAMAGES AND T EMAND FOR 1URY TRIAL
Document Filed Date
June 10, 2019
Case Filing Date
June 10, 2019
Category
Employment-Other
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FIL D 1 EC A1WSZ13ri SBN 3294 W1A SCOUNTYOF SAN BERNARDINO LAWYERS for JU TICE PC SANBERNARDINODISTRICT 2 4I0 West Arden Avenu Suite 243 Glendale Ca ifornia 91103 J U N 1 U 2019 3 Tel 818 265 1020 F x 818 265 1021 gY Attorneysfor Plaintiff 4 f MfCHAEL WELCH Ii DEPUTY 5 6 7 g SUPERIUR COURT OF TI E STATE OF CALIFQRNIA 4 OR THE COUl IT 9 aF SAN BERNARI INU 1 ALEJANDRO ALCAItif TAR Case No T 10 individually and on behalf of other rziembers of the t 11 general public simiiarly situated CLAS ACTION COMPLA NT FOR M Q DAMAGES i w 12 Plaintiff N 1 Viol tion of California Labor Code a 13 vs 510 and 1198 Unpaid o Overtime lq TOYO TIRE HOLDINC7S OF ERICAS 2 Violation of California Labor Code Uo b INC a California corp ratic n and DOES I 226 7 and 512 a Unpazd Mea G 15 through 1 Q4 inclusive Periad Premiums 3 Violation of California Labor Code o 16 Defenda ts 226 7 Unpaid Rest Period a 17 4 Prerniums Violation of California Labor Code 1194 1197 and 1197 1 IJnpa d 18 Minimum Wages 5 Violation of California Labor Code 19 20I and 202 Final Wages Not Timely Paid 2p b Violation o California Labor Code 204 Wages Not Timely Paid 21 Duriiig EmpIoyment 7 Viol tion of California Labor Cotie 22 22F a Non Compliant Wage Statements 23 8 Violation of California Labor Code 1174 d Failure To Keep 24 Requisite Payroll Records 9 Violation of California Labor Cocie z5 2800 and 2802 Unreimbursed Business Expenses 26 I O Violation of California Business F Professions Code 17200 et sec 27 DEMAND FOR JURY TRIAIL 28 I LASS AC TION COMYL e t VT ANI i D8MAN7 FOIt JUItY TRIAL t 1 COMES NOW Plaintiff ALEJANDRb ALCANTAR Plaintiff individually and on 2 behalf of other member ofth general public similarly situated and alleges as follows 3 JURISDICTION AND VENUE 4 1 This class action is brought pursuant to the California Code of Civil Procedure 5 382 sectian The monetary damages and restitution sought by Plaintiff exceeds the minimal 6 jurisdiction limits of the Superior Court and will be established according to proofat trial 7 2 This Cotzrt has jurisdiction over this action pursuant ta the California 8 Constitution Article VI Section 10 which grants the superior court original jurisdiction in all 9 other causes except thase given by statute to other courts The statutes under which this 10 action is brought do not specify any other basis for jurisdiction 11 3 This Cotu t has jurisdiction over Defendant because upon information and V a o w 12 belief Defendant zs a citizen of Californza has sufficient minimum contacts in California or 0 13 otherwise intentionallY avails itself of the California market so as to render the exercise of 14 jurisdiction over it by Califarnia courts consistent with traditionaI notions of fair play and v V b ti 15 substantial justice Wy 3 0 16 4 Venue is proper in tkus Court because upon information and belief De endant d 17 maintains offices has agents employs individuals and or transacts business in the State of 18 California Caunty o San Bernardino The majority of acts and omissions alleged herein 19 relating to PIaintiff and the other ciass members took place in the State of California incIuding 20 the County of San Bern rdino 21 PARTIES 22 5 Plaintiff ALEJANDRO ALCANTAR is an individual residing in the State of 23 California County of S m Bernardino 24 6 Defendan t TOYO TIRE HOLDINGS OF AMERICAS INC at aIl times herein 25 mentioned was and is upon information and belief a Califarnia corporation and at all times 26 herein mentioned an employer whose employees are engaged throughout the State of 27 California including th County of Sati Bernardino Zs ir z CLASS ACT10N COMPLAINT FO t DAMAGES AND T EMAND FOR 1URY TRIAL