Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 07/19/2021 12:00 AM Sherri R. Carter, Executive Officer/Clerk of Court, by J. Turriaga,Deputy Clerk
MESSRELIAN LAW INC.
1 Harout Messrelian, Esq., SB# 272020
2 500 N. Central Ave., Suite 840
Glendale, California 91203
3 Telephone: (818) 484-6531
Facsimile: (818) 956-1983
4 Email: hm@messrelianlaw.com
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Attorneys for Plaintiff Jamill Murray
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES
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JAMILL MURRAY, ) CASE NO.: 19STCV06662
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Plaintiff, )
11 ) DECLARATION OF PLAINTIFF JAMILL
) MURRAY IN SUPPORT OF REQUEST FOR
12 vs. ) COURT JUDGMENT AFTER DEFAULT
)
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14 GINOSI HT APARTEL CORPORATION; ) DATE: August 2, 2021
GINOSI USA CORPORATION; and DOES ) TIME: 8:30 a.m.
15 1 to 25, inclusive, ) DEPT: 73
)
16 Defendants. )
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21 I, Jamill Murray, declare as follows:
22 1. As the plaintiff, I am a party to this action. I have personal knowledge of the facts
23 set forth herein, and if called as a witness, I could and would competently testify hereto.
24 2. I was employed by Defendant Ginosi Apartel Corporation and Defendant
25 Ginosi USA Corporation as a guest experience manager from July 23, 2018 through October
26 10, 2018, which represents approximately 6 pay periods, assuming each pay period is two
27 weeks.
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1 3. My earnings were based on an hourly rate of $14.50 per hour.
2 4. Between July 23, 2018 and October 10, 2018, I worked approximately 11 weeks
3 and
4 56 days at an average of eight and half hours per day, which equates to approximately half an
5 hour of overtime each day. I generally worked 5 days per week.
6 5. I worked “off the clock” hours while working for Defendants. This work included
7 management emailing me during off hours to complete tasks or me being required to train new
8 employees via telephone when I was not working. I estimate that I spent approximately 3 hours
9 per week working “off the clock” for which I was not compensated whatsoever, not including
10 the 30 minutes per day ( 5 days per week) that I had to work through my meal period for which
11 I was also not compensated. As such, I estimate that I worked approximately 5.5 hours “off the
12 clock” per week.
13 6. Throughout my employment tenure, I was not provided and did not receive a single
14 meal or rest break where I was relieved of all duty. The culture at Defendants’ place of work
15 did not allow for statutory meal and rest breaks. Despite not getting these statutory breaks, I
16 was not provided penalties of one hour of pay for each day I missed a rest and meal break. In
17 addition, although my employer would deduct at least 30 minutes for my meal breaks, since I
18 would not be relieved of all duty and continued to work, I did not get paid for those 30 minutes
19 at all. Moreover, those 30 minutes would have constituted daily overtime since it would have
20 put me at 8.5 hours of work daily as opposed to 8 hours.
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1 7. Since I worked approximately 8.5 hours per day from July 23, 2018 to October 10,
2 2018, my daily rate would have been approximately $126.88, including overtime.
3 I declare under the penalty of perjury under the laws of the State of California that the
4 foregoing is true and correct.
5 Executed this _________th 16 day of July, 2021, at Glendale, California.
6 Verified by PDFFiller
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8 _____________________________
07/16/2021
9 JAMILL MURRAY, Declarant
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1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of eighteen
3 and not a party to the within entitled action. My business address is 500 North Central, Suite
840, Glendale, California 91203.
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5 On July 16, 2021, I served the foregoing document(s) described as DECLARATION OF
PLAINTIFF JAMILL MURRAY IN SUPPORT OF REQUEST FOR COURT
6 JUDGMENT AFTER DEFAULT on the interested parties in this action by placing an [ ]
original or [X] true copies thereof in a sealed envelope and addressed as follows:
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“SEE ATTACHED SERVICE LIST”
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[X] (BY MAIL) I caused such envelope to be deposited in the mail at Glendale, California.
10 The envelope was mailed with postage thereon fully paid. As follows: I am “readily
familiar” with the firm’s practice of collection and processing correspondence from
11 mailing. Under that practice it would be deposited with the U.S. postal service on that
same day with postage thereon fully prepaid at Glendale, California, in the ordinary
12 course of business. I am aware that on motion of the party served, service is presumed
invalid if postal cancellation date or postage meter date is more than one day after the
13 date of deposit for mailing in affidavit.
14 [ ] (BY OVERNIGHT DELIVERY) I caused such envelope to be delivered via overnight
delivery to the addressee listed above.
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[ ] (BY PERSONAL SERVICE) I caused such envelope to be delivered via Ace Attorney
16 Service, Inc. to the addressee listed above.
[ ] (BY ELECTRONIC TRANSMISSION) I caused such document to be delivered via
17 electronic transmission to the addressee listed above.
18 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
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I served the documents by the means described above on July 16, 2021.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is
21 true and correct.
22 Janis Lopez
(Type or Print Name) (Signature of Declarant)
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SERVICE LIST
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2 Agent for Service of Process Address: GINOSI HT APARTEL CORPORATION,
LEGALZOOM.COM, INC. (C2967349) Defendant in Pro Per
3 1137 W. 6th ST.
LOS ANGELES, CA 90017
4 Email: support@legalzoom.com
Email: reservations@ginosi.com
5 Email: partnerships@ginosi.com
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Agent for Service of Process Address: GINOSI USA CORPORATION,
7 LEGALZOOM.COM, INC. (C2967349) Defendant in Pro Per
1137 W. 6th ST.
8 LOS ANGELES, CA 90017
Email: support@legalzoom.com
9 Email: reservations@ginosi.com
Email: partnerships@ginosi.com
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Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 07/19/2021 12:00 AM Sherri R. Carter, Executive Officer/Clerk of Court, by J. Turriaga,Deputy Clerk MESSRELIAN LAW INC. 1 Harout Messrelian, Esq., SB# 272020 2 500 N. Central Ave., Suite 840 Glendale, California 91203 3 Telephone: (818) 484-6531 Facsimile: (818) 956-1983 4 Email: hm@messrelianlaw.com 5 Attorneys for Plaintiff Jamill Murray 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 FOR THE COUNTY OF LOS ANGELES 8 9 JAMILL MURRAY, ) CASE NO.: 19STCV06662 10 ) Plaintiff, ) 11 ) DECLARATION OF PLAINTIFF JAMILL ) MURRAY IN SUPPORT OF REQUEST FOR 12 vs. ) COURT JUDGMENT AFTER DEFAULT ) 13 ) 14 GINOSI HT APARTEL CORPORATION; ) DATE: August 2, 2021 GINOSI USA CORPORATION; and DOES ) TIME: 8:30 a.m. 15 1 to 25, inclusive, ) DEPT: 73 ) 16 Defendants. ) 17 ) ) 18 ) ) 19 ) 20 21 I, Jamill Murray, declare as follows: 22 1. As the plaintiff, I am a party to this action. I have personal knowledge of the facts 23 set forth herein, and if called as a witness, I could and would competently testify hereto. 24 2. I was employed by Defendant Ginosi Apartel Corporation and Defendant 25 Ginosi USA Corporation as a guest experience manager from July 23, 2018 through October 26 10, 2018, which represents approximately 6 pay periods, assuming each pay period is two 27 weeks. 28 1 1 3. My earnings were based on an hourly rate of $14.50 per hour. 2 4. Between July 23, 2018 and October 10, 2018, I worked approximately 11 weeks 3 and 4 56 days at an average of eight and half hours per day, which equates to approximately half an 5 hour of overtime each day. I generally worked 5 days per week. 6 5. I worked “off the clock” hours while working for Defendants. This work included 7 management emailing me during off hours to complete tasks or me being required to train new 8 employees via telephone when I was not working. I estimate that I spent approximately 3 hours 9 per week working “off the clock” for which I was not compensated whatsoever, not including 10 the 30 minutes per day ( 5 days per week) that I had to work through my meal period for which 11 I was also not compensated. As such, I estimate that I worked approximately 5.5 hours “off the 12 clock” per week. 13 6. Throughout my employment tenure, I was not provided and did not receive a single 14 meal or rest break where I was relieved of all duty. The culture at Defendants’ place of work 15 did not allow for statutory meal and rest breaks. Despite not getting these statutory breaks, I 16 was not provided penalties of one hour of pay for each day I missed a rest and meal break. In 17 addition, although my employer would deduct at least 30 minutes for my meal breaks, since I 18 would not be relieved of all duty and continued to work, I did not get paid for those 30 minutes 19 at all. Moreover, those 30 minutes would have constituted daily overtime since it would have 20 put me at 8.5 hours of work daily as opposed to 8 hours. 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 2 1 7. Since I worked approximately 8.5 hours per day from July 23, 2018 to October 10, 2 2018, my daily rate would have been approximately $126.88, including overtime. 3 I declare under the penalty of perjury under the laws of the State of California that the 4 foregoing is true and correct. 5 Executed this _________th 16 day of July, 2021, at Glendale, California. 6 Verified by PDFFiller 7 8 _____________________________ 07/16/2021 9 JAMILL MURRAY, Declarant 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of eighteen 3 and not a party to the within entitled action. My business address is 500 North Central, Suite 840, Glendale, California 91203. 4 5 On July 16, 2021, I served the foregoing document(s) described as DECLARATION OF PLAINTIFF JAMILL MURRAY IN SUPPORT OF REQUEST FOR COURT 6 JUDGMENT AFTER DEFAULT on the interested parties in this action by placing an [ ] original or [X] true copies thereof in a sealed envelope and addressed as follows: 7 “SEE ATTACHED SERVICE LIST” 8 9 [X] (BY MAIL) I caused such envelope to be deposited in the mail at Glendale, California. 10 The envelope was mailed with postage thereon fully paid. As follows: I am “readily familiar” with the firm’s practice of collection and processing correspondence from 11 mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Glendale, California, in the ordinary 12 course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the 13 date of deposit for mailing in affidavit. 14 [ ] (BY OVERNIGHT DELIVERY) I caused such envelope to be delivered via overnight delivery to the addressee listed above. 15 [ ] (BY PERSONAL SERVICE) I caused such envelope to be delivered via Ace Attorney 16 Service, Inc. to the addressee listed above. [ ] (BY ELECTRONIC TRANSMISSION) I caused such document to be delivered via 17 electronic transmission to the addressee listed above. 18 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 19 I served the documents by the means described above on July 16, 2021. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is 21 true and correct. 22 Janis Lopez (Type or Print Name) (Signature of Declarant) 23 24 25 26 27 28 4 SERVICE LIST 1 2 Agent for Service of Process Address: GINOSI HT APARTEL CORPORATION, LEGALZOOM.COM, INC. (C2967349) Defendant in Pro Per 3 1137 W. 6th ST. LOS ANGELES, CA 90017 4 Email: support@legalzoom.com Email: reservations@ginosi.com 5 Email: partnerships@ginosi.com 6 Agent for Service of Process Address: GINOSI USA CORPORATION, 7 LEGALZOOM.COM, INC. (C2967349) Defendant in Pro Per 1137 W. 6th ST. 8 LOS ANGELES, CA 90017 Email: support@legalzoom.com 9 Email: reservations@ginosi.com Email: partnerships@ginosi.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5