On October 01, 2020 a
SF34021707 III
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.
Preview
DocuSign Envelope ID: DF8EB37B-977B-4295-873C-AA61450B3147
1 JESSICA RIGGIN (SBN 281712)
jriggin@rukinhyland.com
2 RUKIN HYLAND & RIGGIN LLP
1939 Harrison Street, Suite 925
3 Oakland, CA 94612
Telephone: (415) 421-1800
4 Facsimile: (415) 421-1700
5 MATTHEW C. HELLAND (SBN 250451)
helland@nka.com
6 DANIEL BROME (SBN 278915)
dbrome@nka.com
7 NICHOLS KASTER, LLP
235 Montgomery Street, Suite 810
8 San Francisco, CA 94104
Telephone: (415) 277-7235
9 Facsimile: (415) 277-7238
10 Attorneys for Plaintiffs
11
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 COUNTY OF SAN MATEO
14
ALIDA MAZARIEGOS, PAULA CASE NO.: 20-CIV-04267
15 GONZALEZ, JAIME AMAYA, ADRIANA
TELLO, AND RYNE BASS DECLARATION OF RYNE BASS
16
Plaintiffs, on behalf of themselves Judge: Hon. Nancy L. Fineman
17 and all others similarly situated,
Dept.: 04
v.
18
VANGUARD CLEANING SYSTEMS,
19 INC.; RR FRANCHISING, INC., D/B/A
VANGUARD CLEANING SYSTEMS OF
20 SOUTHERN CALIFORNIA AND D/B/A
VANGUARD CLEANING SYSTEMS OF
21 NORTHERN CALIFORNIA; BUDDHA
CAPITAL CORPORATION, D/B/A
22 VANGUARD CLEANING SYSTEMS OF
SACRAMENTO, D/B/A VANGUARD
23 CLEANING SYSTEMS OF THE
CENTRAL VALLEY, AND D/B/A
24 VANGUARD CLEANING SYSTEMS OF
THE CENTRAL COAST; AND WINE
25 COUNTRY VENTURES, INC. D/B/A
VANGUARD CLEANING SYSTEMS OF
26 THE NORTH BAY, AND DOES 1
THROUGH 10, INCLUSIVE,
27
Defendants.
28
DECLARATION OF RYNE BASS
DocuSign Envelope ID: DF8EB37B-977B-4295-873C-AA61450B3147
1 I, Ryne Bass, 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 worked as a Vanguard cleaner in California from approximately 2017 until 2020.
5 To work as a cleaner, I had to sign a Franchise Agreement.
6 3. I understand and agree that my role as a class representative is to represent the class
7 in the litigation, and not to place my own interests above the interests of the class. I understand that
8 my duties as a class representative include, but are not limited to the following: (1) participating
9 actively in the litigation by testifying at depositions and any hearing, answering written
10 interrogatories, producing documents when required, and keeping generally aware of the status and
11 progress of the proceedings; (2) accepting that any resolution of a class action lawsuit, such as by
12 settlement or dismissal, is subject to the Court’s approval and must be in the best interests of the
13 class as a whole; and (3) making every effort to provide my lawyers and the Court with all relevant
14 facts of which I am aware.
15 4. I am not aware of any conflicts between myself and other Vanguard Cleaners, or any
16 reason why I cannot represent their interests in this litigation. I will do my best to represent the
17 other Vanguard Cleaners during the life of this case.
18 5. My interest in this lawsuit is to recover wages, unpaid necessary expenses and losses,
19 and other damages resulting from Vanguard and the Master Franchises’ treatment of me and other
20 Vanguard Cleaners as an employee while classifying me and other Cleaners as independent
21 contractors.
22 6. Before working for Vanguard I had done commercial cleaning with my wife, but I
23 had a hard time finding work. A friend suggested that connecting with a franchise business could
24 help to get more jobs. I contacted Vanguard to learn what was entailed in working for Vanguard.
25 7. I met with Robert from Vanguard to sign my contracts at a Vanguard office in
26 Orange County. I was required to sign a franchise agreement with Vanguard to start working. I was
27 not able to negotiate any of the terms of the contract; he told me there were no negotiations, the
28 franchise agreement was what it was, so I just signed what they offered me. I paid a deposit for the
1
DECLARATION OF RYNE BASS
DocuSign Envelope ID: DF8EB37B-977B-4295-873C-AA61450B3147
1 contract at the same time I signed it, I recall paying $2,500 to begin working at Vanguard, and
2 another $2,500 about two weeks later.
3 8. Before I started working with Vanguard, I recall that they showed me a video about
4 their cleaning procedures. The video covered topics like Vanguard’s system for separating rags,
5 and how to use a backpack vacuum. As a Vanguard cleaner, I was told that I had to accept an
6 account before seeing the building. After accepting, I would visit the new office with someone from
7 Vanguard to do a walkthrough, but the negotiation was already done by Vanguard. Initially, Rob
8 came on the walkthroughs; after some time another Vanguard employee named Steve took over
9 that role. The contract that Vanguard gave me for each new site also told me how and what to clean.
10 9. I worked cleaning commercial businesses for Vanguard. I generally worked on
11 accounts in Los Angeles County and sometimes in Orange County.
12 10. As a cleaner at Vanguard, I never marketed or advertised my cleaning services. I
13 recall that they told me not to advertise myself as an independent business. Instead, I received new
14 accounts directly from Vanguard. I recall two individuals (first names Diana and Steve) who
15 provided accounts to me. They would tell me about any new account and explain the time windows
16 I was required to clean that account, and what areas to clean. I had to sign a contract for each new
17 account, and the terms of the contract were set by Vanguard.
18 11. My pay was based on what Vanguard charged the account—I had to pay Vanguard
19 a portion of the fees for each account, and then Vanguard paid me the rest. Vanguard decided the
20 price that the cleaning account would pay and collected the money from the cleaning account.
21 12. If I ever lost an account, I learned about it from Vanguard, not from the client. I
22 never got a replacement account from Vanguard when I lost accounts, regardless of the reason for
23 losing the account.
24 13. Because Vanguard controlled my accounts, they also controlled my work hours.
25 Although I sometimes worked more than eight hours in a day, Vanguard never paid me overtime.
26 14. Vanguard had no meal or rest break policy for its cleaners. In practice, I would
27 sometimes stop for a quick bite or to use the bathroom, but I did not generally take a full,
28 uninterrupted, 30 minutes in the middle of the day (for a meal or otherwise). Nor did I regularly
2
DECLARATION OF RYNE BASS
DocuSign Envelope ID: DF8EB37B-977B-4295-873C-AA61450B3147
1 take 10-minute rest breaks. Vanguard never paid me premium pay when I missed meal or rest
2 breaks.
3 15. Vanguard required me to pay all work-related expenses, either deducted from my
4 paycheck or separately out of my pocket, including: cleaning supplies; cleaning equipment;
5 insurance; gas and vehicle maintenance; and franchise fees. Vanguard required specific cleaning
6 products and equipment but never reimbursed me for those expenses.
7
8 I declare under penalty of perjury under the laws of the State of California and the United
10/10/2023
9 States of America that the foregoing is true and correct. Executed on _______________ in
Location
10 ___________, California.
11
12 By:
Ryne Bass
13
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3
DECLARATION OF RYNE BASS
Preview
DocuSign Envelope ID: DF8EB37B-977B-4295-873C-AA61450B3147 1 JESSICA RIGGIN (SBN 281712) jriggin@rukinhyland.com 2 RUKIN HYLAND & RIGGIN LLP 1939 Harrison Street, Suite 925 3 Oakland, CA 94612 Telephone: (415) 421-1800 4 Facsimile: (415) 421-1700 5 MATTHEW C. HELLAND (SBN 250451) helland@nka.com 6 DANIEL BROME (SBN 278915) dbrome@nka.com 7 NICHOLS KASTER, LLP 235 Montgomery Street, Suite 810 8 San Francisco, CA 94104 Telephone: (415) 277-7235 9 Facsimile: (415) 277-7238 10 Attorneys for Plaintiffs 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 COUNTY OF SAN MATEO 14 ALIDA MAZARIEGOS, PAULA CASE NO.: 20-CIV-04267 15 GONZALEZ, JAIME AMAYA, ADRIANA TELLO, AND RYNE BASS DECLARATION OF RYNE BASS 16 Plaintiffs, on behalf of themselves Judge: Hon. Nancy L. Fineman 17 and all others similarly situated, Dept.: 04 v. 18 VANGUARD CLEANING SYSTEMS, 19 INC.; RR FRANCHISING, INC., D/B/A VANGUARD CLEANING SYSTEMS OF 20 SOUTHERN CALIFORNIA AND D/B/A VANGUARD CLEANING SYSTEMS OF 21 NORTHERN CALIFORNIA; BUDDHA CAPITAL CORPORATION, D/B/A 22 VANGUARD CLEANING SYSTEMS OF SACRAMENTO, D/B/A VANGUARD 23 CLEANING SYSTEMS OF THE CENTRAL VALLEY, AND D/B/A 24 VANGUARD CLEANING SYSTEMS OF THE CENTRAL COAST; AND WINE 25 COUNTRY VENTURES, INC. D/B/A VANGUARD CLEANING SYSTEMS OF 26 THE NORTH BAY, AND DOES 1 THROUGH 10, INCLUSIVE, 27 Defendants. 28 DECLARATION OF RYNE BASS DocuSign Envelope ID: DF8EB37B-977B-4295-873C-AA61450B3147 1 I, Ryne Bass, 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 worked as a Vanguard cleaner in California from approximately 2017 until 2020. 5 To work as a cleaner, I had to sign a Franchise Agreement. 6 3. I understand and agree that my role as a class representative is to represent the class 7 in the litigation, and not to place my own interests above the interests of the class. I understand that 8 my duties as a class representative include, but are not limited to the following: (1) participating 9 actively in the litigation by testifying at depositions and any hearing, answering written 10 interrogatories, producing documents when required, and keeping generally aware of the status and 11 progress of the proceedings; (2) accepting that any resolution of a class action lawsuit, such as by 12 settlement or dismissal, is subject to the Court’s approval and must be in the best interests of the 13 class as a whole; and (3) making every effort to provide my lawyers and the Court with all relevant 14 facts of which I am aware. 15 4. I am not aware of any conflicts between myself and other Vanguard Cleaners, or any 16 reason why I cannot represent their interests in this litigation. I will do my best to represent the 17 other Vanguard Cleaners during the life of this case. 18 5. My interest in this lawsuit is to recover wages, unpaid necessary expenses and losses, 19 and other damages resulting from Vanguard and the Master Franchises’ treatment of me and other 20 Vanguard Cleaners as an employee while classifying me and other Cleaners as independent 21 contractors. 22 6. Before working for Vanguard I had done commercial cleaning with my wife, but I 23 had a hard time finding work. A friend suggested that connecting with a franchise business could 24 help to get more jobs. I contacted Vanguard to learn what was entailed in working for Vanguard. 25 7. I met with Robert from Vanguard to sign my contracts at a Vanguard office in 26 Orange County. I was required to sign a franchise agreement with Vanguard to start working. I was 27 not able to negotiate any of the terms of the contract; he told me there were no negotiations, the 28 franchise agreement was what it was, so I just signed what they offered me. I paid a deposit for the 1 DECLARATION OF RYNE BASS DocuSign Envelope ID: DF8EB37B-977B-4295-873C-AA61450B3147 1 contract at the same time I signed it, I recall paying $2,500 to begin working at Vanguard, and 2 another $2,500 about two weeks later. 3 8. Before I started working with Vanguard, I recall that they showed me a video about 4 their cleaning procedures. The video covered topics like Vanguard’s system for separating rags, 5 and how to use a backpack vacuum. As a Vanguard cleaner, I was told that I had to accept an 6 account before seeing the building. After accepting, I would visit the new office with someone from 7 Vanguard to do a walkthrough, but the negotiation was already done by Vanguard. Initially, Rob 8 came on the walkthroughs; after some time another Vanguard employee named Steve took over 9 that role. The contract that Vanguard gave me for each new site also told me how and what to clean. 10 9. I worked cleaning commercial businesses for Vanguard. I generally worked on 11 accounts in Los Angeles County and sometimes in Orange County. 12 10. As a cleaner at Vanguard, I never marketed or advertised my cleaning services. I 13 recall that they told me not to advertise myself as an independent business. Instead, I received new 14 accounts directly from Vanguard. I recall two individuals (first names Diana and Steve) who 15 provided accounts to me. They would tell me about any new account and explain the time windows 16 I was required to clean that account, and what areas to clean. I had to sign a contract for each new 17 account, and the terms of the contract were set by Vanguard. 18 11. My pay was based on what Vanguard charged the account—I had to pay Vanguard 19 a portion of the fees for each account, and then Vanguard paid me the rest. Vanguard decided the 20 price that the cleaning account would pay and collected the money from the cleaning account. 21 12. If I ever lost an account, I learned about it from Vanguard, not from the client. I 22 never got a replacement account from Vanguard when I lost accounts, regardless of the reason for 23 losing the account. 24 13. Because Vanguard controlled my accounts, they also controlled my work hours. 25 Although I sometimes worked more than eight hours in a day, Vanguard never paid me overtime. 26 14. Vanguard had no meal or rest break policy for its cleaners. In practice, I would 27 sometimes stop for a quick bite or to use the bathroom, but I did not generally take a full, 28 uninterrupted, 30 minutes in the middle of the day (for a meal or otherwise). Nor did I regularly 2 DECLARATION OF RYNE BASS DocuSign Envelope ID: DF8EB37B-977B-4295-873C-AA61450B3147 1 take 10-minute rest breaks. Vanguard never paid me premium pay when I missed meal or rest 2 breaks. 3 15. Vanguard required me to pay all work-related expenses, either deducted from my 4 paycheck or separately out of my pocket, including: cleaning supplies; cleaning equipment; 5 insurance; gas and vehicle maintenance; and franchise fees. Vanguard required specific cleaning 6 products and equipment but never reimbursed me for those expenses. 7 8 I declare under penalty of perjury under the laws of the State of California and the United 10/10/2023 9 States of America that the foregoing is true and correct. Executed on _______________ in Location 10 ___________, California. 11 12 By: Ryne Bass 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF RYNE BASS