Pres of AA Wholesale PAT HONDA VS. AMERICAN APPAREL BC595546

.1

CONFORMED Copy1 Keith A. Fink, Bar No. 146841SLEDSarah B. Hernandez, Bar No. 206305 tcrtorcaJifom

2 Jennifer H. Yeung, Bar No. 280819 S

FINK & STEINBERG SEP 2 3 20153 Attorneys at Law Sherrj Carter,11500 Olympic Boulevard, Suite 316 ye Officer/Clerk4 Los Angeles, California 90064 Shauny6BokJen °OPutyTelephone: (310) 268-07805 Facsimile: (310) 268-0790

6 Attorneys for PlaintiffPATRICIA HONDA

7

8 SUPERIOR COURT OF TIlE STATE OF CALIFORNIA

9 COUNTY OF LOS ANGELES - CENTRAL DISTRICT

10 PATRICIA HONDA, an individual; CASE NO. BC 5955 4 611 Plaintiff, COMPLAINT FOR DAMAGES FOR:

1. VIOLATION OF GOVERNMENT CODE §12 vs.12900, 4 çq. [Discrimination Based on Race

13 and/or National Origin];AMERICAN APPAREL, INC., a Delaware

2. VIOLATION OF GOVERNMENT CODE §14 corporation; AMERICAN APPARELRETAIL, INC., a California corporation; 12940(k) [Failure to Prevent Discrimination]

15 AMERICAN APPAREL (USA), LLC, a 3. WRONGFUL TERMINATION INCalifornia limited liability company; VIOLATION OF GOVERNMENT CODE §16 AMERICAN APPAREL 12900,4 çq.MANUFACTURING, INC., a California17 corporation, AMERICAN APPAREL 4. WRONGFUL TERMINATION INGROUP, a Delaware corporation; VIOLATION OF PUBLIC POLICY18 AMERICAN APPAREL CORPORATION, a

Delaware corporation; and DOES 1 to 100, 5. BREACH OF ORAL CONTRACT19 inclusive,

6. VIOLATION OF LABOR CODE § 1102.520 Defendants.7. VIOLATION OF LABOR CODE § 201,4

21

8. VIOLATION OF LABOR CODE § 203, et22

239. VIOLATION OF LABOR CODE § 204(a),

24

10. VIOLATION OF LABOR CODE § 2262511. VIOLATION OF BUSINESS &

26 PROFESSIONS CODE § 17200, et cq,.27

[JURY TRIAL DEMANDED]28

1COMPLAINT FOR DAMAGES

i Plaintiff PATRICIA HONDA hereby alleges as follows:

2 VENUE AND PARTIES

3 1. Plaintiff PATRICIA HONDA (“PLAINTIFF” and/or “HONDA”) is, and at all times

4 relevant hereto was, a resident of the County of Los Angeles, State of California.

5 2. PLAINTIFF is informed and believes, and thereon alleges, that Defendant AMERICAN

6 APPAREL, INC. (“AMERICAN APPAREL” and/or “DEFENDANTS”) is, and at all times relevant

7 hereto was, a Delaware corporation doing substantial business in the County of Los Angeles, State of

8 California.

9 3. PLAINTIFF is informed and believes, and thereon alleges that Defendant AMERICAN

10 APPAREL RETAIL, INC. (“AMERICAN APPAREL” and/or “DEFENDANTS”) is, and at all times

ii relevant hereto was, a California corporation, doing substantial business in the County of Los Angeles,

12 State of California.


14 APPAREL (USA), LLC (“AMERICAN APPAREL” and/or “DEFENDANTS”) is, and at all times

15 relevant hereto was, a California limited liability company, doing substantial business in the County of

16 Los Angeles, State of California.


18 APPAREL MANUFACTURING, INC. (“AMERICAN APPAREL” and/or “DEFENDANTS”) is, and

19 at all times relevant hereto was, a California corporation, doing substantial business in the County of

20 Los Angeles, State of California.


22 APPAREL GROUP (“AMERICAN APPAREL” and/or “DEFENDANTS”) is, and at all times

23 relevant hereto was, a Delaware corporation, doing substantial business in the County of Los Angeles,

24 State of California.


26 APPAREL CORPORATION (“AMERICAN APPAREL” and/or “DEFENDANTS”) is, and at all

27 times relevant hereto was, a Delaware corporation, doing substantial business in the County of Los

28 Angeles, State of California.


1 8. PLAINTIFF is informed and believes, and thereon alleges that AMERICAN

2 APPAREL, INC., AMERICAN APPAREL RETAIL, INC., AMERICAN APPAREL (USA), LLC,

3 AMERICAN APPAREL MANUFACTURING, INC., AMERICAN APPAREL GROUP, and

4 AMERICAN APPAREL CORPORATION were joint employers of PLAINTIFF. AMERICAN



7 AMERICAN APPAREL CORPORATION hired employees jointly, including PLAINTIFF,

8 controlled PLAINTIFF’S and other employees’ work assignments, and paid PLAINTIFF’S and other

9 employees’ wages. Therefore, these entities were at all times joint employers of PLAINTIFF.

10 9. PLAINTIFF is unaware of the true names and capacities, whether individual, corporate,

ii associated or otherwise, of Defendants DOES 1 through 100 (“DOES” and/or “DEFENDANT DOE”)

12 inclusive, and therefore sues said Does by such fictitious names. PLAINTIFF will seek leave of Court

13 to amend this Complaint to show the true names and capacities of such DOES when the same has been

14 ascertained. PLAINTIFF is informed and believes, and thereon alleges that each of the fictitiously

15 named Defendants is responsible to PLAINTIFF for the injuries suffered and alleged herein, or is

16 subject to the jurisdiction of the Court as a necessary party for the relief herein requested.

17 10. PLAINTIFF is informed and believes, and thereon alleges that AMERICAN



20 AMERICAN APPAREL CORPORATION are alter-egos of one another because there is such a unity

21 of interest and ownership that their separate corporate personalities are merged so that one corporation

22 is a mere adjunct of another and the companies form a single enterprise. PLAINTIFF further alleges

23 that AMERICAN APPAREL, INC., AMERICAN APPAREL RETAIL, INC., AMERICAN

24 APPAREL (USA), LLC, AMERICAN APPAREL MANUFACTURING, INC., AMERICAN

25 APPAREL GROUP, and AMERICAN APPAREL CORPORATION commingled their funds and

26 other assets, failed to segregate the funds of the separate entities, allowed the diversion of corporate

27 funds or assets to non-corporate uses, failed to maintain corporate minutes, failed to maintain adequate

28 corporate records, failed to adhere to corporate formalities, failed to conduct transactions by and

3COMPLPJNT FOR DAMAGES

1 between one another at arm’s length, used the same offices and/or business locations, employed the

2 same or largely the same employees, and/or failed to adequately capitalize some or all of the

3 corporations.

4 11. PLAINTIFF is informed, believes, and thereon alleges that each DEFENDANT and

5 DOE is now, and was at all times mentioned herein, the agent, principal, partner, officer, joint venturer,

6 employee or alter ego of the remaining DEFENDANTS and DOES, and that all of the acts and conduct

7 alleged herein were performed within the course and scope and in the furtherance of such agency,

8 partnership, joint venture, employment or alter ego relationship.

9 12. Venue is properly laid in this Court in that the claims and injuries occurred in the

io County of Los Angeles.

11 GENERAL ALLEGATIONS

12 13. PLAINTIFF re-alleges and incorporates herein by reference, as though set forth in full

13 herein, and every allegation contained in Paragraphs 1 through 12, inclusive.

14 14. HONDA is a female of Asian descent and as such is subject to protection under the

15 California Fair Employment and Housing Act (“FEHA”).

16 15. In or around 2001, HONDA began her employment with AMERICAN APPAREL.

17 After working for the company for over a decade, as of the year 2014, HONDA had worked her way

18 up in the company and held the high level position of President of Wholesale.

19 16. In or around January/February 2015, AMERICAN APPAREL underwent significant

20 executive/corporate changes. These changes included, but were not limited to, PAULA SCHNEIDER

21 (“SCHNEIDER”), being appointed as CEO and officially naming CYNTHIA ERLAND (“ERLAND”)

22 as AMERICAN APPAREL’S Senior Vice President of Marketing.

23 17. After ERLAND commenced working for AMERICAN APPAREL, she and/or

24 DEFENDANTS began instituting swift and dramatic changes to the company, particularly to its

25 marketing campaigns and advertising strategy.

26 18. ERLAND began making comments that she desired utilizing only models of Caucasian

27 descent, and moving away from the DEFENDANTS’ long-standing tradition of incorporating a diverse

28 range of models, including Asian models.


1 19. ERLAND made comments that she desired to work with only European/Caucasian

2 models for future advertising campaigns.

3 20. Upon ERLAND and SCHNEIDER’S appointment as executive management for

4 AMERICAN APPAREL they began to terminate the employment of the tenured Asian employees.

5 For example, Joey Ng, Sophia Wu, Tokiko Miyashiro and Kyung Chung were all terminated from

6 their employment with AMERICAN APPAREL in 2015.

7 21. Upon information and belief, ERLAND and SCHNEIDER replaced these employees

8 with less qualified Caucasian and/or other non-Asian individuals.

9 22. During her tenure of employment, HONDA earned and AMERICAN APPAREL

io authorized raises, bonuses totaling over Twenty Thousand Dollars ($20,000.00) and/or stock grants

ii totaling over One Hundred Twenty Thousand Dollars ($120,000.00). HONDA never received these

12 monies and/or stock grants.

13 23. Immediately after SCHNEIDER’S appointment as CEO, HONDA complained to her

14 regarding the unpaid! earned bonuses and/or stock grants. However, SCHNEIDER ignored those

15 complaints. Because the complaints fell on deaf ears, HONDA hired KEITH FINK, ESQ. (“FINK”)

16 of FINK & STEINBERG to represent her in her claims for unpaid wages.

17 24. On or about February 18, 2015, FINK sent correspondence to AMERICAN APPAREL,

18 informing it that he represented HONDA in her significant employment claims against it.

19 25. On or about February 20, 2015, after the company had been put on notice that HONDA

20 had retained counsel, AMERICAN APPAREL presented her with an Employment Agreement

21 (“Agreement”). The Agreement dated February 19, 2015, confirmed her position as President of

22 Wholesale at American Apparel, Inc., and promised her with a yearly salary rate of One Hundred

23 Eighty Thousand Dollars ($180,000.00), eligibility for a performance bonus of up to forty (40%) of

24 her base salary, and a stock grant of 100,000 as well as numerous other benefits. (A true and cofferct

25 copy is attached hereto as Exhibit A)

26 26. However, the Agreement was more than just a confirmation of new HONDA’S salary

27 and bonus. Page 2 of the Agreement included a release and waiver of all claims, a release of known

28 and unknown claims and a release of claims under the Age Discrimination in Employment Act.


1 27. Despite AMERICAN APPAREL’S knowledge of FINK’S legal representation of

2 HONDA, it demanded that she sign the Agreement in an effort to force her to waive her meritorious

3 employment claims.

4 28. On or about March 2, 2015, FINK informed AMERICAN APPAREL that its attempt

5 to “. . .buffalo Ms. Honda into waiving and releasing her legal claims against the company [was]

6 outrageous and profoundly unethical.” However, FINK informed AMERICAN APPAREL that he

7 would negotiate HONDA’ S Agreement on her behalf only if they removed the language requiring her

8 to waive all legal claims.

9 29. On or about March 17, 2015, DEFENDANTS responded to FINK’S correspondence

io regarding HONDA, merely stating that the release language was standard and “entirely appropriate.”

ii 30. On or about July 1, 2015, AMERICAN APPAREL terminated HONDA in retaliation

12 for her complaints about her unpaid/delinquent wages and/or earned bonus andlor earned stock and/or

13 for retaining counsel to protect her legal interests, and/or in order to avoid paying monies due and

14 owing to HONDA.

15 31. At the time of her termination, HONDA was not paid all of her wages, including bonus

16 monies, her salary raise based on the February 19, 2015 contract terms, and/or stock grants.

17 32. At the time of her termination HONDA was also entitled to one (1) year of severance,

18 due to her longstanding employment relationship. The severance was never paid.

19 33. During her employment, HONDA accrued vacation time. However, at the time of

20 HONDA’S termination, she was not compensated for her vested unused vacation, and to date has not

21 received any compensation for her accrued vacation time.

22 34. Upon information and belief, SCHNEIDER, CEO, CRAIG SIMMONS

23 (“SIMMONS”), the Chief Human Resources Manager, and others, are fully aware of AMERICAN

24 APPAREL’S policy and California law which requires an employer to pay out unused accrued vacation

25 time at the time of termination. However, AMERICAN APPAREL has purposefully engaged in a

26 pattern and practice of failing to, and refusing to compensate for unused vacation time, pursuant to the

27 company policy.

28 35. HONDA timely filed administrative complaints with the Department of Fair


i Employment and Housing (“DFEH”) against DEFENDANTS and received corresponding right to sue

2 letters. Therefore, HONDA exhausted her administrative remedies.

3 FIRST CAUSE OF ACTION

4 VIOLATION OF GOVERNMENT CODE § 12900, et seq.

5 [Discrimination Based On Race/National Origin]

6 (Against All DEFENDANTS and DOES 1 to 100)

7 36. PLAINTIFF re-alleges and incorporates herein by reference, as though set forth in full,

8 each and every allegation contained in Paragraphs 1 through 35, inclusive.

9 37. This cause of action is brought pursuant to Government Code § 12940, et which

io prohibits discrimination in employment on the basis of race/national origin.

ii 38. PLAINTIFF is of Asian descent and DEFENDANTS were aware of this fact throughout

12 her employment and thus she falls within the protected category of Government Code § 12940(a).

13 39. During PLAINTIFF’S employment with DEFENDANTS, she suffered discrimination

14 and harassment in the form of inappropriate racial comments regarding Asians and disparate treatment

15 in comparison to her Caucasian counterparts/colleagues.

16 40. The decision to terminate PLAINTIFF because she is Asian and thereby deprive her of

17 substantial employment benefits guaranteed by state law, was motivated by the forbidden criteria of

18 race/national origin discrimination.

19 41. There was no professional or business justification for the termination of PLAINTIFF

20 and the stated reasons were pretextual for the true reasons and motivations, to wit: discrimination based

21 on race/national origin, and to replace her with a less qualified worker of non-Asian decent.

22 42. At all material points described herein, PLAINTIFF was treated differently than her

23 Caucasian counterparts/colleagues and/or otherwise was subjected to unlawful discriminatory and/or

24 retaliatory employment practices as prohibited by the laws of California. DEFENDANTS, in engaging

25 in the aforementioned conduct, intended to discriminate against PLAINTIFF on the basis of her

26 race/national origin.

27 43. The conduct, statements, and acts described herein were an ongoing part of a continuing

28 scheme and course of conduct. DEFENDANTS, individually and collectively, knew the substance of

7CC)MPT ATNT FOR DAMAGF.S

i the above-described facts and circumstances and ratified the wrongs and injuries mentioned herein

2 when it was their ability to prevent, remedy, and/or correct these wrongs. DEFENDANTS further

3 intentionally and willfully failed to ensure that their employees were informed of the law relevant to

4 their duties or to ensure that employees would not be required to participate in illegal conduct.

5 44. DEFENDANTS have continued to ratify and have refused to remedy or correct the

6 aforementioned conduct during and since PLAINTIFF’S employment, notwithstanding the fact that

7 they knew or reasonably should have known of the conduct and its unlawfulness.

8 45. As a direct and proximate result of the aforementioned violations of statute and public

9 policy, PLAINTIFF has suffered and will continue to suffer:

io a. A substantial reduction in past and current income, and future income potential in

11 sums as may be shown according to proof;

12 b. A substantial injury and damage to her occupation and professional reputation in a

13 sum as may be shown according to proof;

14 C. A substantial reduction in loss of work-related benefits; and

15 d. Extreme humiliation, embarrassment, depression, sleeplessness, emotional pain,

16 emotional distress which culminated in physical injury and bodily injury, suffering,

17 mental anguish, inconvenience, loss of enjoyment of life, and other losses from the

18 date of said acts all to HONDA’S damage in a sum as may be shown according to

19 proof.

20 46. The amount of PLAINTIFF’S damages is not presently known but she will seek leave

21 of Court to amend this Complaint when the exact amount of such damages has been ascertained or will

22 prove the same at trial.

23 47. The above-recited actions of DEFENDANTS were done with malice, fraud, or

24 oppression, and reckless disregard of PLAINTIFF’S rights. DEFENDANTS engaged in their offensive

25 conduct despite their awareness of the effect on PLAINTIFF. As a result of these and other actions,

26 PLAINTIFF is entitled to an award of punitive damages.

27 48. In addition, as a proximate result of the wrongful conduct of DEFENDANTS,

28 PLAINTIFF is entitled to attorneys’ fees and prejudgment interest.

8(flMPT ANT FOR DAM AGFS

1 49. Pursuant to California Government Code § 12965(b), PLAINTIFF requests the award

2 of attorneys’ fees against DEFENDANTS under this cause of action.

3 SECOND CAUSE OF ACTION

4 VIOLATION OF GOVERNMENT CODE § 12940(k)

5 [Failure to Prevent Discrimination]


7 50. PLAINTIFF re-alleges and incorporates herein by reference, as though set forth in full,

8 each and every allegation contained in Paragraphs 1 through 49, inclusive.

9 51. At all times herein mentioned, Government Code § 12940(k) was in full force and

io effect and binding on DEFENDANTS. Government Code § 12940(k) requires DEFENDANTS to

ii take all reasonable steps necessary to prevent discrimination stemming from PLAINTIFF’S

12 race/national origin. As alleged above, DEFENDANTS violated this statutory provision.

13 52. DEFENDANTS knew or should have known of the unlawful conduct undertaken by it

14 against PLAINTIFF, and failed to take reasonable steps to prevent such conduct or provide

15 PLAINTIFF with a workplace free from discrimination and retaliation.

16 53. As a direct and proximate result of the aforementioned violations of statute and public

17 policy, PLAINTIFF has suffered and will continue to suffer:

18 a. A substantial reduction in past and current income, and future income potential in




22 c. A substantial reduction in loss of work-related benefits; and





27 proof.


9(OMP1 ATNTTflP flAMAflP

i of Court to amend this Complaint when the exact amount of such damages has been ascertained or

2 will prove the same at trial.


4 oppression, and reckless disregard of PLAINTIFF’S rights. DEFENDANTS engaged in their

5 offensive conduct despite their awareness of the effect on PLAINTIFF. As a result of these and other

6 actions, PLAINTIFF is entitled to an award of punitive damages.




io of attorneys’ fees against DEFENDANTS under this cause of action.

11 THIRD CAUSE OF ACTION

12 WRONGFUL TERMINATION IN VIOLATION OF GOVERNMENT CODE § 12900, et seq.


14 58. PLAINTIFF re-alleges and incorporates herein by reference, as though set forth in

15 full, each and every allegation contained in Paragraphs 1 through 57, inclusive.

16 59. This cause of action is brought pursuant to FEHA, § 12900, et q. of the California

17 Government Code, making it illegal for an employer to discharge a person from employment on the

18 basis of his/her race/national origin.

19 60. PLAINTIFF was discharged from her employment and discriminated against on the

20 basis of her race/national origin.

21 61. At all material points described herein, PLAINTIFF was treated differently than

22 similarly situated employees and/or otherwise was subjected to unlawful discriminatory and/or

23 retaliatory employment practices as prohibited by the laws of California. DEFENDANTS, in engaging

24 in the aforementioned conduct, intended to discriminate against PLAINTIFF on the basis of her

25 race/national origin.

26 62. The conduct, statements, and acts described herein were an ongoing part of a

27 continuing scheme and course of conduct. DEFENDANTS, individually and collectively, knew the

28 substance of the above-described facts and circumstances and ratified the wrongs and injuries

10ATKT’T’ tCD tAAC’1?C’

i mentioned herein when it was their ability to prevent, remedy, and/or correct these wrongs.

2 DEFENDANTS further intentionally and willfully failed to ensure that their employees were

3 informed of the law relevant to their duties or to ensure that employees would not be required to

4 participate in illegal conduct.


6 aforementioned conduct during and since PLAINTIFF’ S employment, notwithstanding the fact that

7 they knew or reasonably should have known of the conduct and its unlawfulness.

8 As a direct and proximate result of the aforementioned violations of statute and public policy,

9 PLAINTIFF has suffered and will continue to suffer:


ii sums as may be shown according to proof;








19 proof.


21 of Court to amend this Complaint when the exact amount of such damages has been ascertained or will



24 oppression, and reckless disregard of PLAINTIFF’S rights. DEFENDANTS engaged in their offensive

25 conduct despite their awareness of the effect on PLAINTIFF. As a result of these and other actions,

26 PLAINTIFF is entitled to an award of punitive damages.



11COMPT AThJTPflP Th(P’


2 of attorneys’ fees against DEFENDANTS under this cause of action.

3 FOURTH CAUSE OF ACTION

4 WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY




8 69. It is the well-established policy of the State of California by and through its statutory and

9 common laws, including but not limited to: the California Constitution, Article I, § 8, Business and

io Professions Code § 17200, et , and Civil Code § 1770, et Labor Code, and for engaging in

ii protected activity, as identified herein, that it is intolerable and unlawful for an employer to bar or to

12 discharge a person from employment or to discriminate against the person in compensation and/or in

13 terms, conditions, or privileges of employment in retaliation for opposing an unlawful practice or

14 participating in a protected activity, such as for their race/national origin and/or retaining counsel.

15 California also has a fundamental, substantial, and well-established public policy against retaliating

16 against an employee for internally raising concerns related to unlawful activities, including failure to

17 pay earned bonuses and/or wages. (See, e.g., Labor Code § 1102.5).

18 70. In contravention of these policies, HONDA is informed, believes and thereon alleges that

19 DEFENDANTS retaliated against her, and terminated her because of her complaint(s) regarding

20 AMERICAN APPAREL’S failure to pay earned bonus monies and/or stock packages, and/or in order

21 to avoid payment of her earned wages, and/or obtaining legal counsel and/or due to her race/national

22 origin.

23 71. DEFENDANTS’ actions described herein above were in violation of established public

24 policy against termination for participating in a protected activity, such as complaining about

25 DEFENDANTS’ failure to properly and timely compensate her pursuant to the law and their own

26 policies, and obtaining legal counsel.

27 72. The conduct, statements and acts described herein were an ongoing part of a continuing

28 scheme and course of conduct. DEFENDANTS were aware of the substance of the above-described


i facts and circumstances and ratified the wrongs and injuries mentioned herein when it was their ability

2 to prevent, remedy and/or correct these wrongs.


4 aforementioned conduct during and/or since HONDA’S employment, notwithstanding the fact that they

5 knew or reasonably should have known of the conduct and its unlawfulness.

6 As a direct and proximate result of the aforementioned violations of statute and public policy, HONDA

has suffered and will continue to suffer:










17 proof.

18 74. The amount of HONDA’S damages is not presently known but she will seek leave of

19 Court to amend this Complaint when the exact amount of such damages has been ascertained or will



22 oppression, and reckless disregard of HONDA’S rights. DEFENDANTS engaged in their offensive

23 conduct despite their awareness of the effect on HONDA. As a result of these and other actions, HONDA

24 is entitled to an award of punitive damages.

25 FIFTH CAUSE OF ACTION

26 BREACH OF ORAL CONTRACT





2 77. In or around February 2015, the parties entered to an oral contract the terms of which

3 were as follows: (1) HONDA would continue working for DEFENDANTS at yearly salary rate of

4 One Hundred Eighty Thousand Dollars ($180,000.00), (2) HONDA was eligible for a performance

5 bonus of up to forty (40%) of her base salary, (3) and a stock grant of 100,000 as well as severance

6 benefits.

7 78. This oral management contract represents a valid and binding contract, the terms of

8 which are certain and enforceable.

9 79. HONDA at all times performed her obligations under the oral contract with

10 DEFENDANTS, save those obligations excused by DEFENDANTS’ breaches.

ii 80. DEFENDANTS breached the terms of the oral contract by refusing to pay HONDA’s

12 salary at the yearly rate of $180,000. DEFENDANTS further breached the oral contract by refusing

13 upon her termination to pay her the performance bonus, stock grant and/or severance. DEFENDANTS’

14 breach of the oral contract was undertaken without stipulation, justification, or excuse.

15 81. HONDA’S damages are a certain, foreseeable, and measurable consequence of

16 DEFENDANTS’ breaches. As a direct and proximate result of these breaches, HONDA has been

17 damaged in an amount to be proven at trial according to proof, and which HONDA believes to be in

18 excess of $500,000.00.

19 SIXTH CAUSE OF ACTION

20 VIOLATION OF LABOR CODE § 1102.5

21 (Against ALL DEFENDANTS AND DOES 1 TO 100)



24 83. California Labor Code § 1102.5 provides, in part, that an employer may not retaliate

25 against an employee for “disclosing information, or because the employer believes that the employee

26 disclosed or may disclose information, to a government or law enforcement agency, to a person with

27 authority over the employee or another employee who has the authority to investigate, discover, or

28 correct the violation or noncompliance. .


1 84. HONDA reasonably believed in, and complained of DEFENDANTS’ illegal failure to

2 pay her earned bonus monies and/or stock packages to SCHNEIDER, the CEO of AMERICAN

3 APPAREL.

4 85. HONDA is informed and believes and thereon alleges that DEFENDANTS did willfully

5 retaliate against her for engaging in the acts alleged herein by terminating her employment, due to their

6 belief that she would report DEFENDANTS to governmental agencies.

7 86. DEFENDANTS’ termination of HONDA has caused her economic and noneconomic

8 harm in an amount to be proven at trial, but which are in excess of the minimum jurisdiction of this

9 court. HONDA’S damages include, but are not limited to, loss of earnings and benefits.

10 87. Pursuant to Labor Code § 1102.5(f), DEFENDANTS’ violations also subject them to

ii civil penalties of ten thousand dollars ($10,000.00) for each violation of Labor Code § 1102.5(f)

12 88. HONDA will seek attorneys’ fees and costs to the extent permitted by any applicable

13 statutes and provisions of the Labor Code.

14 SEVENTH CAUSE OF ACTION

15 VIOLATION OF LABOR CODE § 201, et seq.

16 (Against ALL DEFENDANTS and DOES 1-100)



19 90. When DEFENDANTS’ unlawfully terminated HONDA’S employment on July 1, 2015

20 they failed to pay her all wages due and owing at the time of her termination, including but not

21 necessarily limited to compensation for her earned, unused vacation time, and earned bonus monies

22 and/or stock packages.

23 91. Pursuant to Labor Code § 201, it is unlawful for an employer to willfully fail to pay an

24 employee earned wages and/or bonuses, vacation pay, and benefits due and unpaid at the time of

25 termination. DEFENDANTS failed to pay HONDA her wages and/or bonuses and vacation pay, and/or

26 benefits earned and unpaid at the time of her termination.

27 92. HONDA will seek attorneys’ fees incurred in prosecuting this action under Labor Code

28 § 203, 218.5, and/or 1194, et.çq or any other applicable sections.


1 EIGHTH CAUSE OF ACTION

2 VIOLATION OF LABOR CODE § 203, et seq.




6 94. DEFENDANTS failed to pay HONDA all of her wages due and owing at the time of

7 her termination. Pursuant to Labor Code § 203, if an employer willfully fails to pay an employee who

8 is discharged her wages then the “wages of the employee shall continue as a penalty from the due date

9 thereof at the same rate until paid. .

10 95. DEFENDANTS have continuously and willfully failed to pay HONDA her due and

ii unpaid wages. More than thirty (30) days have past since HONDA was terminated by

12 DEFENDANTS, yet all of her earned wages have still not been paid.

13 96. As a consequence of DEFENDANTS’ willful conduct in not paying HONDA all wages

14 due upon termination, she is entitled to thirty (30) days of wages as penalty wages under Labor Code §

15 203, together with interest thereon.


17 § 203, 218.5, and/or 1194, any other applicable sections.

18 NINTH CAUSE OF ACTION

19 VIOLATION OF LABOR CODE § 204(a)

20 [Failure to Pay Earned Bonus]




24 99. DEFENDANTS’ conduct is in violation of Labor Code § 204(a) which provides that all

25 wages earned by a person during their employment are due and payable twice a month on the regular

26 paydays as designated in advance by the employer, and such wages include bonuses.

27 100. During HONDA’S employment with DEFENDANTS, she earned monetary bonuses

28 based on her job performance. Plaintiff performed all duties necessary to earning this bonus, and


1 DEFENDANTS terminated her prior to paying HONDA all of her earned bonus monies, despite her

2 previous requests for said payment. Upon information and belief, DEFENDANTS terminated HONDA,

3 in retaliation for engaging in protected activity and also to avoid paying earned bonuses.

4 101. The exact amount of bonus monies earned by HONDA is unknown, but is a minimum of

5 One Hundred Fifty Thousand Dollars ($150,000.00) of net bonus monies and/or stock packages.

6 HONDA will seek leave of the Court to include such monies in her damages calculation, and to amend

7 this Complaint, as necessary.

8 102. As such, HONDA is entitled to receive from DEFENDANTS the full amount of any

9 earned bonus monies, and well as interest until paid in full.

10 TENTH CAUSE OF ACTION

11 VIOLATION OF LABOR CODE § 226 etg




15 104. Pursuant to Labor Code § 226 an employer is required to provide accurate wage

16 statements in writing, which includes a wage statement reflecting HONDA’S earned bonus monies

17 which were never paid, and accrued and earned vacation pay.

18 105. During her employment with DEFENDANTS, they failed to provide an accurate

19 accounting of HONDA’S earned monies and failed to pay same.

20 106. As a result of the conduct of DEFENDANTS and DOES, HONDA sustained damages

21 and is entitled to additional pay in an amount to be determined and presented at the time of trial, and at

22 a minimum in a combined excess of the jurisdiction of the Superior Court and Plaintiff is entitled to

23 damages pursuant to Labor Code § 226.7.


25 § 1194 and any other applicable code sections.

26 //

27 /

28 II


1 ELEVENTH CAUSE OF ACTION

2 VIOLATION OF BUSINESS & PROFESSIONS CODE § 17200, et seq.




6 109. California Business and Professions Code § 17200, ç provides that unfair

7 competition shall mean and include “all unlawful, unfair or fraudulent business act or practices and

8 unfair, deceptive, untrue or misleading advertising.”

9 110. PLAINTIFF is informed and believe and thereon alleges that DEFENDANTS have

io engaged in unfair competition in violation of California Business and Professions Code § 17200, et

ii by maintaining a workplace rife with retaliation and violations of established California public policy

12 including but not limited to the following: California Constitution, Article I, § 8, Civil Code § 1770, et

13 and the above-referenced California Labor Code and Government Code provisions. The

14 maintenance of such unfair business practices allows DEFENDANTS to maintain an unfair advantage

is over other companies that comply with established California laws and the public policy of the state of

16 California, and personally harmed and injured monetarily or otherwise, PLAINTIFF.

17 lii. DEFENDANTS fall within the definition of “person” as set forth at Business and

i Professions Code § 17203 and 17506.

19 112. The unlawful, unfair, and fraudulent business practices of DEFENDANTS described

20 above present a continuing threat to members of the public in that DEFENDANTS have or will soon

21 engage in the conduct described above and members of the public are likely to be deceived when they

22 pursue or gain employment with DEFENDANTS. Pursuant to California Business Professions Code

23 § 17203, PLAINTIFF seeks an order from this Court that:

24 113. Provides injunctive and declaratory relief finding that DEFENDANTS have violated the

25 provisions of California Business pç Professions Code § 17200, et ç; and

26 114. For an order enjoining DEFENDANTS and their respective successors, agents, servants,

27 officers, directors, employees, and all other persons acting in concert with them, directly or indirectly,

28 from engaging in conduct which violates California Business and Professions Code § 17200, et


PRAYER FOR RELIEF

115. WHEREFORE, PLAINTIFF prays for judgment against DEFENDANTS, and each of

them, as follows:

1. For general, special, actual, compensatory and/or nominal damages, including

prejudgment interest, in an amount to be determined at trial, but no less than five

hundred thousand dollars ($500,000);

2. For lost salary, both front and back pay, unpaid wages, bonuses, stock

entitlements, vacation pay, severance pay and any other benefits to which

PLAINTIFF would have been entitled to by reason of her employment with

defendants, according to proof, but no less than five hundred thousand dollars

($500,000);

3. For punitive damages in an amount to be determined at trial sufficient to punish

penalize and/or deter DEFENDANTS, and each of them, from further engaging

in the conduct described herein, and to deter others from engaging in the same or

similar acts;

4. For appropriate civil and statutory penalties;

5. For restitution and/or disgorgement of all ill-gotten gains (on the Eleventh Cause

of Action only);

6. For preliminary and permanent injunction against DEFENDANTS from the acts

of unfair competition as described in the Eleventh Cause of Action;

7. For reasonable costs and attorneys’ fees where appropriate;

8. For pre- and postjudgment interest on all damages and o,ther relief awarded

herein from all entities against whom such relief may be properly awarded; and

9. For all such other relief as this Court deems iUS and appropriate.

Dated: September 22, 2015By:

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A7FTh1CSarah E Hernand9Z’Attornecf2lintiffPATRICIKHONDA


Exhibit A

American Apparele

Crafted With Pride American Apparel, Inc. www.americanapparel.netn the USA HQ!Factory

747 Warehouse St.Los Angeles, CA 90021Phone (213) 488-0226Fax (213)488-0334

February 19, 2015

Pat Honda[Address]

Pat:

By this letter (the “Agreement”), I am pleased to confirm details of your position as President ofWholesale at American Apparel, Inc. (“American Apparel” or the “Company”) in our Los Angelesoffices. As part of the management team, you will continue to report to Paula Schneider — CEO, Thisletter outlines the terms ofyour position, including eligibility for an annual performance bonus andseverance benefits, as detailed below.

Salary and Annual Performance Bonus. Your salary will be paid at a salary rate of $180,000 peryear, which will be reviewed and considered for increase at least once per year (“Base Salary”), and willbe paid in accordance with the Company’s standard payroll practices, In addition, you are eligible for anannual performance bonus of up to 40% of your Base Salary, with the exact amount based on the extent towhich you have achieved mutually agreed-upon deliverables (please see Addendum A, attached). Youmust be employed by the Company at the time of the bonus payment to be eligible. All compensationpayments will be subject to any necessary withholdings and other such deductions as are legally requiredor are taken in accordance with your instructions to us. This position is classified as exempt which is noteligible for overtime or meal and rest periods as provided under California law.

Stock Grant, Pursuant to the terms of the American Apparel, Inc. 2011 Omnibus Stock IncentivePlan (the “Equity Plan”), the Board or the Compensation Committee shall grant to you a restricted stockaward (the “RSA”) covering 100,000 shares of Common Stock as soon as reasonably practicablefollowing the Company’s determination that: (i) it is eligible to issue such shares of Common Stock underthe Company’s Form S-8 Registration Statement covering shares of Common Stock issuable pursuant tothe Equity Plan; and (ii) it has adequate number of shares in the Equity Plan to effectuate such a grant.Subject to your continued employment with the Company, the RSA shall vest in three equal installmentson each of the grant date and thereafter on each of January 1, 2016, and January 1, 2017. The RSA shallbe subject to such other terms and conditions specified by the Compensation Committee in accordancewith the provisions of the Equity Plan and the form of award agreement to be approved by the Board(which award agreement shall be consistent with tile RSA terms set forth in this Agreement).

Severance Benefits. Without limiting the generality of the provisions hereinafter entitled “At-Will Employment Status,” in the event your employment is terinmated without Cause (as hereinafterdefined), you shall be entitled to: (i) your salary as accrued through the date of your termination; and,subject to your execution and delivery of a general release of all claims and the expiration of aiiy releaserevocation period, (ii) a payment equal to the equivalent of six (6) months of your annual base salary; and(iii) that portion of your annual performance bonus earned, if any, for the calendar year in which thetermination occurs, calculated by multiplying your annual performance bonus by a fraction, the numeratorof which shall equal the number of days worked in the calendar year up to and including your last day of

Page I ofd

employment and the denominator of which shall be 365. “Cause” shall mean terminated because of: (I)failure (other than by reason of incapacity due to physical or mental illness) or refusal to perform dutieson behalf of the Company or comply with (or agree to comply with) any Company rule, code, policy orprocedure, or any insubordination, each of which remains uncured for more than three (3) clays afterwriften notice of same from the CEO, Chief Financial Officer or General Counsel; (ii) the conviction of orentering a plea of guilty or nob contendere to (x) a crime that constitutes a felony or (y) a misdemeanorinvolving the perpetration of a dishonest act against the Company or any of its affiliates or subsidiaries;(iii) any misconduct that is materially injurious to the financial condition, assets, business or businessreputation of the company or any of its affiliates or subsidiaries; (iv) any hand, embezzlement, theft orother dishonesty against the Company or any of its affiliates or subsidiaries; or (iv) chronic alcoholism ordrug abuse that materially affects performance.

Release and Waiver. In consideration for the terms of your position, and by signing this offerletter, you hereby fully, irrevocably and unconditionally release and discharge the Company, its affiliates,its subsidiaries, as well as each of their present andfor former shareholders, directors, officers, employees,agents and representatives, (collectively “Releasees”) from any and all claims, actions, causes of action,charges, and complaints of any nature whatsoever (hereinafter called “Claims”) which you have, or claimto have, against the Releasees, whether known or unknown, because of any alleged or actual conduct,acts, or omissions, or any transaction whatsoever from the beginning of time to the date of the executionof this Agreement. The foregoing release does not prevent or prohibit you from filing a claim or chargewith a government agency including, but not limited to, the EEOC or NLRB, or from cooperating,participating or assisting in any government agency or regulatory entity investigation or proceeding.Notwithstanding the foregoing, you will not accept or be entitled to any further personal relief, recoveryor monetaty damages from any source whatsoever with respect to any Claim that has been released.

California Civil Code Section 1542. You waive your rights under Section 1542 of the Civil Codeof California which states: a general release does not extend to claims which the creditor does not knowor suspect to exist in his or her favor at the time of executing the release, which if known by him or hermust have materially affected his or her settlement with the debtor. You understand and agree that claimsor facts in addition to or different from those which are now known or believed by you to exist mayhereafter be discovered, but it is your intention to release all claims she may have against the Releasees.

ADEA Rights; Effective Date. You have twenty-one (21) calendar days to consider thisAgreement, including, but not limited to, release of any claims under the federal Age Discrimination inEmployment Act (ADEA), but you may elect to sign this Agreement in less than 21 days, if you so desire.You further acknowledge and understand that you have the right to consult with your attorneys about thisAgreement before signing it. You may revoke this Agreement after signing it if such revocation is madewithin seven (7) calendar days following the date of your execution hereof. Such a revocation, ifexercised, must be in writing, addressed to Chelsea Grayson, General Counsel, American Apparel, 747Warehouse St., Los Angeles, CA 90021, and must be received not later than 5:00 p.m. on the seventh(7th) calendar day following your execution of this Agreement. If you timely and properly revoke thisAgreement, the entire Agreement shall then not be effective or enforceable, and you will not be eligiblefor any annual performance bonus oi. severance benefits, as set forth above. If you do not mevoke thisAgreement, it shall become effective and enforceable as to all parties at 12:01 a.m. on the eighth (8th)calendar day afler it is executed by you.

Arbitration. You have signed a separate Mutual Agreement to Arbitrate Claims datedthe terms of which are incorporated by reference as if fully set forth herein.

Page2of4

Protection of Confidential Information. In accepting thiS offer, you agree that information youobtain during your employment with the Company, including that which relates to intellectual property,financial information, personnel, projections, strategic planning, or any other work product not readilyavailable to the public (the “Information”), is considered by the Company to be trade secret andconfidential information. You recognize and agree that it is reasonable and necessary to protect theCompany’s Information and that you will maintain the strict confidentiality of the Information, bothduring and following your employment at the Company. Additionally, you are subject to the Company’spolicy against insider trading, which has been concurrently herewith provided to you.

Modification and Waiver. Any modification of this Agreement vill be effective only if it is inwriting signed by the parties. No waiver of any of the provisions of this Agreement will be deemed, orwill constitute, a waiver of any other provision, whether or not similar, nor vill any waiver constitute acontinuing waiver. No waiver will be binding unless executed in writing by the party making the waiver.

Severability. If any portion of this Agreement is void or deemed unenforceable for any reason,the unenforceable portion will be deemed severed from the remaining portions of this Agreement, whichwill otherwise remain in full force.

At-Will Fmployment Status. This letter shall not be construed as a contract of employment for afixed period of time. Your employment is “at will.” Therefore, the Company reserves the might toterminate your employment at any time with or withoit cause and with or without notice; likewise, exceptas otherwise expressly provided for in this Agreement, you are free to terminate your employment at anytime for any reason whatsoever and with or without notice. Upon termination, you will forfeit theutwested portion of any equity awards.

Conditions to Effectiveness. As a condition to the effectiveness of this Agreement, andconcurrently with your execution and delivery to the Company of this Agreement, you will execute anddeliver to the Company the American Apparel Board Confidentiality Policy, the American Apparel Codeof Business Conduct and Ethics, the American Apparel Mutual Agreement to Arbitrate Claims and theAmerican Apparel Insider Trading Policy.

Sincerely,

Craig B. SimmonsChief Human Resources OfficerAmerican Apparel, Inc.

If the foregoing accurately reflects our understanding, please sign below and return one fully executedcopy (both pages) via scanned email to c simmonsamericanappareLneI by close of day, February_,2015.

Acknowledged, accepted and agreed February, 2015

Pat HondaPresident of Wholesale

Page3 of4

ADDENDUM A

Bonus Criteria

As the President of Wholesale, you are eligible each year for an annual performance bonus of upto 40% (i.e., $72,000 for 2015) of your Base Salary pay rate. Your bonus achievement will be calculatedin January 2016 based on end ofFY2Ol5 results and will be payable by March 30, 2016.

Your bonus achievement for 2015 will be based on meeting or exceeding the following criteriaand deliverables in each the three categories listed below. You must achieve a favorable (“Met”) result inboth margin and expenditures to qualify for the threshold amounts listed in in the increase in sales result(#3) categoly.

1. Margin: Must maintain or increase the gross margin percentage in FY20 15 over the marginpercentage in FY20 14. (Criteria 1: Met/Not Met.);

2. Expenditures: Must maintain spending on operations within the FY2OIS budget limits, asagreed upon with CEO. (Criteria 2: Met/Not Met.);

As stated above, if you have achieved the “Met” criteria in both of the above-defined areas, you vil1 beentitled to between a 30% pay-out on the bonus and a I OOYo pay-out on the bonus payment as follows:

3. Sales:

A. Level One Bonus: A bonus payment (30% award) of $21,600 if you achieve anincrease in FY20 15 revenue of between 5% and up to and including 7% over FY20 14 revenue; or,

B. Level Two Bonus: A bonus payment (70% award) of $50,400 if you achieve anincrease in FY20 15 revenue of more than 7% up to and including 9% over FY2014 revenue; or

C. Level Three Bonus: A bonus payment (100% award) of $72,000 if you achieve anincrease in FY20 15 revenue of more than 9% over FY20 14 revenue.

Page4of4

CM-O1OATTORI{EY OR PARTY WITHOUT ATTORNEY CNaee, Scare Sat number, and eddmas): FOR COURT USE ONLYSarah E. Hernandez, SBN 206305

Fink & Steinberg

11500 Olympic Boulevard, Suite 316

Los Angeles, California 90064CONFoRMED CopyORIGiNAL FILEDTELEF’HONE NO.: (310) 268-0780 FAX No.: (310) 268-0790 SuperIor Court of CaliforniaATTORNEY FOR I/Vernal: Plaintiff Patricia Honda “itt’ ‘if Los Anqelg

SUPERIOR COURT OF CALIFORNIA, COUNW OF Los AngelesSTREET ADDRESS: 11 1 North Hill Street SEP 2 3 2915MAILING ADDRESS: 11 1 North Hill Street

Shorn Fl. Caner, &xecu,v Officer/ClerkCITY AND ZIP CODE: Los Angeles, California 90012

BRANCH NAME: Centraltistrict BY Shaur,ya Bolden, OeputyCASE NAME:Honda v. American Apparel, mc,, et al.

CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBO 5 9 5 4 $Unlimited El Limited

Counter El Joinder(Amount (AmountJLIOGE:demanded demanded is Filed with first appearance by defendant

exceeds $25000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEFT:

Items 1—6 below must be completed (see instructions on page 2).1. Check one box below for the ease type that best describes this ease:

Auto Ton Contract Provisionally Complex Civil LitigationEl Auto (22) El Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400—3.403)El Uninsured motorist (46) El Rule 3.740 collections (09) El Antitrust/Trade regulation (03)Other PI/PDIWO (Personal Injury/Property El Other collections (09) El Construction defect (10)Damage/Wrongful Death) Tort El Insurance coverage (18) El Mass tort (40)El Asbestos (04) El Other contract (37) El Securities litigation (28)El Product lIability (24) Real Property El Environmental/Toxic tort (30)El Medical malpractice (45) El Bnlnent domain/inverse El Insurance coverage claims arising from theEl Oiher Pi/PDNVD (23) condemnation (14) above listed provisionally complex caseNon-Pl!PD/WD (Other) tort El wrongful eviction (33) types (41)

El Business tort/unfair business practIce (07) El other real property (26) Enforcement of Judgment

El Civil rights (08) Unlawful Detalner El Enforcement of ludgment (20)El Defamation (13) El Commercial (31) Wscellaneous Civil ComplaintEl Fraud (16) El Residential (32) El RICO (27)El Intellectual property (19) El Drugs (38) El Other complaint (not spec/fled above) (42)El Professional negligence (25) Judicial Review Miscellaneous Civil Petition[El Other non-Pl/PD/WD tort (35) El Asset forfeiture (05) El Partnership and corporate governance (21)Employment El Petition rc arbitration award (Ii) El other petition (not specified above) (43)Wrongful termination (36) El Writ of mandate (02)

El Olher employment (15) El Other judicial review (39)

2. This case L.J Is [Li is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark thefactors requiring exceptional judicial managementa. El Large number of separately represented parties d. El Large number of witnessesb. El Extensive motion practice raising difficult or novel e. El Coordination with related actions pending in one or more courts

issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal courtc. El Substantial amount of documentary evidence t. El Substantial postjudgment judicial supervision

3. Remedies sought (check all that apply): a.El monetary b. Eli nonmonetary; declaratory or injunctive relief c. [71 punitive4. Number of causes of action (specify): (I6. This ease El is is not a class action suit.6. If there are any known related cases, file and serve a notice of related case. m form CM-015.)

Date: September 21, 2015Sarah B. Hernandez, SBN 206305

____________________________________________

(TYPE OR PRINT NAME) (sioNAronrorpARTY OR ATTORNEY FOR PARTY)

NOTICEPlaintiff must file this cover sheet with the first paper flied in the action or proceeding (except small claims cases or cases filedunder the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may resultin sanctions.

• File this cover sheet in addition to any cover sheet required by local court rule.• if this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all

other parties to the action or proceeding.• Unless this is a collections case under rule 3.740 or a complex case, this cover sheet wil be used for statistical purposes only.

vase I of IForm Adopted row Mandatey Use CIVIL CASE COVER SHEET cat Rdeccwt,a22oAoo3Ao3,a74

cuoi lRn’. July 1, 2007]WWW.COWtJnro.ca.gov

Auto TortAuto (22)—Personal Injury/Property

DamagellNrongful DeathUninsured Motorist (46) (if the

case involves an uninsuredmotorist claim subject toarbitration, check this iteminstead of Auto)

Other PIIPDIWD (Personal InjurylProperty Damage/Wrongful Death)Tort

Asbestos (04)Asbestos Property DamageAsbestos Personal lnjury/

Wrongful DeathProduct Liability (not asbestos or

toxic/environmental) (24)Medical Malpractice (45)

Medical Malpractice—Physicians & Surgeons

Other Professional Health CareMalpractice

Other PI/PDflND (23)Premises Liability (e.g., slip

and fall)Intentional Bodily lnjury/PD/WD

(e.g., assault, vandalism)Intentional Infliction of

Emotional DistressNegligent Infliction of

Emotional DistressOther PI/PDI\ND

Non-PIIPDIWD (Other) TortBusiness Tort/Unfair Business

Practice (07)Civil Rights (e.g., discrimination,

false arrest) (not civilharassment) (08)

Defamation (e.g., slander, libel)(13)

Fraud (16)Intellectual Property (19)Professional Negligence (25)

Legal MalpracticeOther Professional Malpractice

(not medical or legal)Other Non-Pl/PD/WD Tort (35)

EmploymentWrongful Termination (36)Other Employment (15)

CASE TYPES AND EXAMPLESContract

Breach of Contract/Warranty (06)Breach of Rental/Lease

Contract (not unlawful detaineror wrongful eviction)

Contract/Warranty Breach—SellerPlaintiff (not fraud or negligence)

Negligent Breach of Contract!Warranty

Other Breach of Contract/WarrantyCollections (e.g., money owed, open

book accounts) (09)Collection Case—Seller PlaintiffOther Promissory Note/Collections

CaseInsurance Coverage (not provisionaily

complex) (18)Auto SubrogationOther Coverage

Other Contract (37)Contractual FraudOther Contract Dispute

Real PropertyEminent Domain/Inverse

Condemnation (14)Wrongful Eviction (33)Other Real Property (e.g., quiet title) (26)

Writ of Possession of Real PropertyMortgage ForeclosureQuiet TitleOther Real Property (not eminentdomain, landlordñenant, orforeclosure)

Unlawful DetainerCommercial (31)Residential (32)Drugs (38) (if the case involves illegal

drugs, check this item; othe,wise,report as Commercial or Residential)

Judicial ReviewAsset Forfeiture (05)Petition Re: Arbitration Award (11)Writ of Mandate (02)

Writ—Administrative MandamusWrit—Mandamus on Limited Court

Case MatterWrit—Other Limited Court Case

ReviewOther Judicial Review (39)

Review of Health Officer OrderNotice of Appeal—Labor

Commissioner Appeals

Provisionally Complex Civil Litigation (Cal.Rules of Court Rules 3.400—3.403)

Antitrust/Trade Regulation (03)Construction Defect (10)Claims Involving Mass Tort (40)Securities Litigation (28)Environmental/Toxic Tort (30)Insurance Coverage Claims

(arising from provisionaily complexcase type listed above) (41)

Enforcement of JudgmentEnforcement of Judgment (20)

Abstract of Judgment (Out ofCounty)

Confession of Judgment (non-domestic relations)

Sister State JudgmentAdministrative Agency Award

(not unpaid taxes)Petition/Certification of Entry of

Judgment on Unpaid TaxesOther Enforcement of Judgment

CaseMiscellaneous Civil Complaint

RICO (27)Other Complaint (not specified

above) (42)Declaratory Relief OnlyInjunctive Relief Only (non-

harassment)Mechanics LienOther Commercial Complaint

Case (non-tort/non-complex)Other Civil Complaint

(non-tort/non-complex)Miscellaneous Civil Petition

Partnership and CorporateGovernance (21)

Other Petition (not specifiedabove) (43)Civil HarassmentWorkplace ViolenceElder/Dependent Adult

AbuseElection ContestPetition for Name ChangePetition for Relief From Late

ClaimOther Civil Petition

INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET -

To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you mustcomplete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compilestatistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must checkone box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A coversheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.To Parties in Rule 3.740 Collections Cases. A “collections case” under rule 3.740 is defined as an action for recovery of moneyowed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney’s fees, arising from a transaction inwhich property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tortdamages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ ofattachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the generaltime-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collectionscase will be subject to the requirements for service and obtaining a judgment in rule 3.740.To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether thecase is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated bycompleting the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with thecomplaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in theplaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation thatthe case is complex.

CM-01O [Rev. JiIy 1,2007]CIVIL CASE COVER SHEET Page 2 of 2

SUM-I OnSUMMONS FOR COURT USE ONLY

(SOLO PAM Usa DC LA tORTE)(TACION JUDICIAL)NOTICE TO DEFENDANT: CONFORMED Copy(‘AVISO AL DEMANDADO,): Surrfor Court of CaliforniaOufltjt of toe AnodesAMERICAN APPAREL, INC., a Delaware corporation;Additional Parties Attachment form is attached, oEP 2 82015YOU ARE BEING SUED BY PLAINTIFF: Shorn ft Caner, tXUCtJflve utucer/CIork(LO ESTA DEMANDANDO EL DEMANDANTE): BY Shauny Boldon, DeputyPATRICIA HONDA, an individual,Plaintiff.

NOTiCE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the inforrii&Wbelow.You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copyserved on the plaintiff. A letter or phone cell will not protect you. Your written response must be in proper legal form If you want the court to hear yourcase. There may be a court form that you can use for your response. You can find these court forms and more information at the California CourtsOnline Self-Help Center (www.courtinfa.ce.gov/selfhalp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, askthe court clerk for a fee waIver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and propertymay be taken without further warning from the court.There are other legal requirements. You may want to call an attorney right away. if you do not know an attorney, you may want to call an attorneyreferral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locatethese nonprofit groups at the California Legal Services Web site (www.1awhe1pcaIifarnia.org), tho California Courts Online Self-Help Center(www.courtlnlb.ca.gov/selthelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees andcosts on any settlement or arbitration award of $10,000 or more In a civil case. The courts lien must be paid before the court will dismiss the case.JAVISQI La hen demandado. Si no responde dentro do 30 dIes, Ia carte puedo decidir en so contra sin escuchar so version. Lee (a infonnacion acontinuacidn.flene 30 01,43 DE CALENDARIO despues do qua le entregoon esta citeciOn y papoles Jogales pare presentar una respuesfa par escrita en asiacarte y hater quo se entregue una capia el dernandante, Una carte a one Ilamada telefdnica no Jo protegen. .Su respuesta par escrita (lone quo esteren farmato legal carrecta 51 desea quo pracesen su aasa en ía carte. Es pasible quo haya on form ularia qua ustedpueda usar pare su respuesta.Poede encantrar estos forrnolarics do ía carte y mds lnformacion en el Contra de Ayuda do las Codes do California frvm.sucorte.ca.gov), en (abibliateca do leyes do su tondado o en Ia carte quo le quede mas coma. Si no puede pagar Ia cuata do presentation, pida al secretaria do Ia cartequo Ic dé un-form ulerlo do exenciOn do pago do cuotas. Si no prosenla so respuesta a tiempa, puede perder el caso por incumplirnienta y Ia carte lepadrá quitar su suekfo, dlnera y blenes sin nibs advertencia.

Hay otras requisitos legates. Es recamendabla quo flame a on abogada lnrnodiatamento. Si no conoce a on abogado, puede ilemar a un sen’icia doramlsión a abogadas. Si no puede pager a un abogado, es paslble quo crimp/a con los reqoisitos pam obtoner serviclos legales gratuitas do onprograma do servicios legales sin fines do lucra. Puede ancontrar estas grupas sin fines do lucra en el sltla web do California Legal Seniicos,(www.lawhelpcallfornia.org), en el Centm do Ayuda do las Codes do California, (www.sucorte.ca.gov) o ponidndase en contacto con le carte a elcologlo do abogados locales. A VISO: Parley, Ia carte tieno derocha a reclamar las cuotas y los castas exentos par impaner un gravamon sabrecualqoler recuperaciOn de $10,000 6 mbs do valor reclbida medlanto un acuerda a una canceslOn do arbitraje en on çasa do derecho civil. Tiena quopager ci grevamen do ía carte antes do quo ía carte pueda desechar el caso.

The name and address of the court is: CASE NuMe5R:(El nambre y direcciôn de Ia carte es): Los Angeles Superior Court (Nmero del cfl

95 5 4 6111 North Hill StreetLos Angeles, California 90012

The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:(El nambre, Ia directiOn y el nr2mero do telOfano del abogada del demandante, a del demandante quo no tiene abogado, es):Sarah E. Hernandez, SBN 206305, Finlc & Steinberg, %4ra0 Olympic Blvd., Ste. 316, Los Angeles, CA 90064(‘olo)usotwJJ “a0DATE: SEP 2 7iHr Cleric by ....rM(JNV48oLub... , Deputy‘Fecha ‘1 —VI,J Secretario,I Adjuntg(Far proof of sen/ice of this summons, use Proof of Service of Summons (farm P03-010).)(Para prueba do entrega do esta citation use a! farmulada Proof of Service of Summons, (P05-010)).

NOTiCE TO THE PERSON SERVED: You are servedl5EALi 1, LJJ as an individual defendant

2. [JJ as the person sued under the fictitious name of (specify):

,EEl on behalf of (specify):

under: EEl CCP 416.10 (corporation) CCP 416.60 (minor)CCP 416.20 (defunct corporation) [] CCP 416.70 (conservatee)CCP 416.40 (association or partnership) U COP 416.90 (authorized person)

EEl other (specify):4. EEl by personal delivery an (data):

_______

Page 1 olHForm Adopted for Mandatory use SUMMONS code of civil Pmoedure §5 ‘112.20,465Ju,jcal cooed) of catfonda

www.cowsrtca.govsuM-ice fRey. Jt$ 1,20091

SUM-200(A)SHORT TITLE: CASE NUMBER:

Honda v. American Apparel, Inc., et al.

INSTRUCTIONS FOR USE- This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons.+ If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: “Additional Parties

Attachment form is attached.

List additional parties (Check only one box. Use a separate page for each type of party.):

Plaintiff 7J Defendant j Cross-Complainant Cross-Defendant

AMERICAN APPAREL RETAIL, INC., a California corporation; AMERICAN APPAREL (USA), LLC, aCalifornia limited liability company; AMERICAN APPAREL MANUFACTURING, INC., a Californiacorporation, AMERICAN APPAREL GROUP, a Delaware corporation; AMERICAN APPARELCORPORATION, a Delaware corporation; and DOES ito 100, inclusive,

Defendants.

Page 1 of

Page 1 of 1Form Adopted for Mandatory Use ADDITIONAL PARTIES ATTACHMENT

SUM-200(A) lRev. January 1, 20071 Attachment to Summons

SUPERIOR COURT OF CAL1IORNIA, COUNTY OF LOS ANGELES 8 5 5NOTICE OF CASE ASSIGNMENT - UNLIMITED CIVIL CASE (NON-CLASS ACTION)Case Number

________________________________________

THIS FORM IS TO BE SERVED WITH THE SUMMONS AND COMPLAINTYour case is assigned for all purposes to the judge indicated below. There is more information on the reverse side of this form.

Hon. Kevin C. Brazile 1 534

Hon. Barbara A. Meiers 12 636

Hon. Terry A. Green 14 300

Hon. Richard Fruin 15 307

Hon. Rita Miller 16 306

Hon. Richard E. Rico 17 3419

Hon. Stephanie Bowick 19 311

Hon. Dalila Corral Lyons 20 310

Hon. Robert L. Hess 24 314

Hon. Yvette M. Palazuelus 28 318

Hon. Barbara Scheper 30 400

Hon. Samantha Jessner 31 407

Hon. Mary H. Strobel 32 406

Hon. Michael P. Linfield 34 408

Hon. Gregory Alarcon 36 410

Hon. Marc Marmaro 37 413

Hon. Maureen Duffy-Lewis 38 412

Hon. Elizabeth Feffer 39 415

Hon. Michelle R. Rosenblatt 40 414

Hon. Holly E. Kendig 42 416

lion. Mel Red Recana 45 529

lion. Frederick C. Shaller 46 500

Hon. Elizabeth Allen White 48 506

Hun. Deirdre Hill 49 509

Hon. Teresa A. Beaudet 50 508

Hon. Michael J. Raphael 51 511

Hon. Susan Bryant.Deason 52 510

Ron. Steven 3. Kleifleld 53 513

Hon. Ernest M. Hiroshige 54 512

Hon. Malcolm H. Mackey 55 515

Hon. Michael Johnson 56 514

Hon. Rolf M. Treu 58 516

Hon. Gregory Keosian 61 732

Hon. Michael L Stern 62 600

Hon. Mark Mooney 68 617

Hon. William F. Fahey 69 621

Hon. Suzanne 6. Bruguera 71 729

Hon. Ruth Ann Kwan 72 731

Hon. Rafael Ongkeko 73 733

Hon. Teresa Sanchez—Gordon 74 735

Hon. Gail Ruderman Feuer 78 730

Hon. Emile H. EHas 324 CCW

All non-class action cases designated as provisionally complex are forwarded to the Supervising Judge of the Complex Litigation Programlocated in the Central Civil West Courthouse (600 S. Commonwealth Ave., L,os Angeles 90005), for complex)non-complex determinationpursuant to Local Rule 3.3(k). This procedure Is for the purpose of assessing whether or not the case is complex within the meaning ofCalifornia Rules of Court, rule 3.400. Depending on the outcome of that assessment, the case may be reassigned to one of the judges of theComplex Litigation Program or reassigned randomly to a court in the Central District.

Given to the Plaintiff/Cross-Complainant/Attorney of Record on‘

SFIERRI R. CARTER, Executive Officer/Clerk

._____________

- NOTICE OF CASE ASSIGNMENT -

-

UNLIMITED CML CASE

ASSIGNED JUDGE I DEPT - ROOM ASSIGNED JUDGE DEPT ROOM

Hon. Debre K. Weintraub 47 507

*CoIflplex

*provisionally ComplexNon-class Action CasesAssignment is PendingCarnnIv flpfgrmnqtinn 324 CCW

LACIVCCH 190 (Rev. 09115)

LASC Approved 05-06

Deputy Clerk

Page 1 of 2 I

SHORT TIRE: CASE NUMBER BC 5 U 5 4 6Honda v. American Apparel, Inc., et at.

CIVIL CASE COVER SHEET ADDENDUM ANDSTATEMENT OF LOCATION

(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)

r This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court.

Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:JURY TRIAL? YES CLASS ACTION? LI YES LIMITED CASE? DYES TIME ESTIMATED FOR TRIAL 8-10 El HOURS! IZi DAYS

Item II. Indicate the correct district and courthouse location (4 steps — If you Checked “Limited Case”, skip to Item Ill, Pg. 4):

Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for yourcase in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected.

Step 2: Check gj Superior Court type of action in Column B below which best describes the nature of this case.

Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you havechecked. For any exception to the court location, see Local Rule 2.0,

Applicable Reasons for Choosing Courthouse Location (see Column C below)

Step 4: Fill in the information requested on page 4 in Item Ill; complete Item IV. Sign the declaration.

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1. Class actions must be tiled in the Stanley Mosk Courthouse, central district.2. May be filed in central (other county, or no bodily injury/property damage).3. LocatIon where cause of action arose.4, Location where bodily injury, death or damape occurred,5. Location where performance required or defendant resides.

6. Location of property or permanently garaged vehicle.7. Location where petitioner resides.8. Location wherein defendant/respondent functions wholly.9, Location where one or more of the parties reside.

10, Location of Labor Commissioner Office

‘StDO4’-

• A B CClvii Case Cover Sheet Type of Action Applicable ReasonsCategory No (Check only one) See Step 3 Above

Auto (22) LI A71 00 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death 1., 2., 4.

Uninsured Motorist (46) LI A71 10 Personal Injury/Property Damage/Wrongful Death — Uninsured Motorist 1., 2., 4.

LI A6070 Asbestos Property Damage 2.Asbestos (04)LI A7221 Asbestos - Personal Injury/Wrongful Death 2.

Product Uability (24) D A7260 Product Liability (not asbestos or toxic/environmental) 1., 2., 3., 4., 8.

LI A7210 Medical Malpractice - Physicians & Surgeons 1.14,Medical MalpractIce (45)LI A7240 Other Professional Health Care Malpractice 1., 4.

LI A7250 Premises Liability (e.g., slip and fall)1., 4

persrniury U A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g.,1 4Property Damage assault, vandalism, etc.)

Wrongful Death LI A7270 Intentional InflIction of Emolional Distress 1,,(23)

1 4U A7220 Other Personal In)ury)Property Damage/Wrongful Death

LACIV 109 (Rev. oS/Il) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0LASC Approved 03-04 AND STATEMENT OF LOCATION Page i or 4

SHORT TITLE:

Honda v. American Apparel, Inc., et al.CASE NUMBER

A B CCivil Case Cover Sheet Type of Action Applicable Reasons

Category No. (Check only one) See Step 3 Above

Business Tort (07) El A6029 Other Commercial/Business Tort (not fraud/breach of contract) 1., 3.

Civil Rights (08) El A6005 Civil Rights/Discrimination 1., 2., 3.

Defamation (13) El A601 0 Defamation (slander/libel) 1., 2., 3.

Fraud (16) El A6013 Fraud (no contract) 1., 2., 3.

El A6017 Legal Malpractice 1., 2., 3.Professional Negligence (25)

El A6050 Other Professional Malpractice (not medical or legal) 1., 2., 3.

Other (35) El A6025 Other Non-Personal Injury/Property Damage tort 2.,3.

Wrongful Termination (36) 0 A6037 Wrongful Termination i.Ø 3.

El A6024 Other Employment Complaint Case 1., 2., 3.Other Employment (15)

El A6109 Labor Commissioner Appeals 10.

El A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful2 5eviction)

Breach of Ccn0tcU WarrantyEl A6008 ContractANarranty Breach -Seller Plaintiff (no fraud/negligence) 2., 5.

(not insurance) El A6019 Negligent Breach of ContractANarranty (no fraud) 1., 2., 5.

El A6028 Other Breach of Contract/Warranty (not fraud or negligence) 1., 2., 5.

El A6002 Collections Case-Seller Plaintiff 2., 5., 6.Collections (09)

El A6012 Other Promissory Note/Collections Case 2., 5.

Insurance Coverage (18) El A6015 Insurance Coverage (not complex) 1., 2., 5., 8.

El A6009 Contractual Fraud 1., 2., 3., 5.

Other Contract (37) El A6031 Tortious Interference 1., 2., 3., 5.

El A6027 Other Contract Dispute(not breach/insurance/fraud/negligence) 1., 2., 3., 8.

Eminent Domain/InverseEl A7300 Eminent Domain/Condemnation Number of parcels______ 2.Condemnation (14)

Wrongful Eviction (33) El A6023 Wrongful Eviction Case 2., 6.

El A6018 Mortgage Foreclosure 2., 6.

Other Real Property (26) El A6032 Quiet Title 2., 6.

El A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure) 2., 6.

Unlawful Detainer-CommercialEl A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) 2., 6.

Unlawful Detainer-ResidentialEl A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction) 2., 6.

Unlawful Detainer-El A6020F Unlawful Defamer-Post-Foreclosure 2., 6.Post-Foreclosure (34)

Unlawful Detainer-Drugs (38) El A6022 Unlawful Detainer-Drugs 2., 6.

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:1LACIV 109 (Rev. 03/11)

LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUMAND STATEMENT OF LOCATION

Local Rule 2.0

Page 2 of 4

SHORT TITLE:


C.)

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LACIV 109 (Rev. 03/1 1) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0

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A B CCivil Case Cover Sheet Type of Action Applicable Reasons -

Category No. (Check only one) See Step 3 Above

Asset Forfeiture (05) El A61 08 Asset Forfeiture Case 2., 6.

Petition re Arbitration (11) El A6115 Petition to Compel/ConfirmNacate Arbitration 2., 5.

El A61 51 Writ - Administrative Mandamus 2., 8.

Writ of Mandate (02) El A61 52 Writ - Mandamus on Limited Court Case Matter 2.

El A6153 Writ - Other Limited Court Case Review 2.

Other Judicial Review (39) El A61 50 Other Writ /Judicial Review 2., 8.

Antitrust/Trade Regulation (03) El A6003 Antitrust/Trade Regulation 1., 2. 8.

Construction Defect (10) 0 A6007 Construction Defect 1., 2., 3.

Claims Involving Mass TortEl A6006 Claims Involving Mass Tort 1., 2., 8.

Securities Litigation (28) El A6035 Securities Litigation Case 1., 2., 8.

Toxic TortEl A6036 Toxic Tort/Environmental 1., 2., 3., 8.Environmental (30)

Insurance Coverage ClaimsEl A6014 Insurance CoveragelSubrogation (complex case only) 1., 2., 5., 8.

El A6141 Sister State Judgment 2., 9.

El A6160 Abstract of Judgment 2., 6.

Enforcement El A6107 Confession of Judgment (non-domestic relations) 2., 9.of Judgment (20) El A61 40 Administrative Agency Award (not unpaid taxes) 2., 8.

El A61 14 Petition/Certificate for Entry of Judgment on Unpaid Tax 2., 8.

El A61 12 Other Enforcement of Judgment Case 2., 8., 9.

RICO (27) El A6033 Racketeering (RICO) Case 1., 2., 8.

El A6030 Declaratory Relief Only 1., 2., 8.

Other Complaints Li A6040 Injunctive Relief Only (not domestic/harassment) 2., 8.(Not Specified Above) (42) El A601 1 Other Commercial Complaint Case (non-tort/non-complex) 1., 2., 8.

El A6000 Other Civil Complaint (non-tort/non-complex) 1., 2., 8.

Partnership CorporationEl A61 13 Partnership and Corporate Governance Case 2., 8.Govemance (21)

El A6121 Civil Harassment 2., 3., 9.

El A6123 Workplace Harassment 2., 3., 9.

•, El A6124 Elder/DependentAdultAbuseCase 2., 3., 9.Other Petitions(Not Specified Above) El A6190 Election Contest 2.

(43)El A61 10 Petition for Change of Name 2., 7.

El A6170 Petition for Relief from Late Claim Law 2., 3., 4., 8.

El A6100 Other Civil Petition 2., 9.

LASC Approved 03-04 AND STATEMENT OF LOCATION Page 3 of 4

SHORT TITLE:


Item IV. Declaration of Assignment: I declare under penalty of perjury under the laws of the State of California that the foregoing is trueand correct and that the above-entitled matter is properly filed for assignment to the Stanley Mosk courthouse in theCentral District of the Superior Court of California, County of Los Angeles [Code Civ. Proc., § 392 et seq., and LocalRule 2.0, subds. (b), (c) and (d)].

Dated: September 21 2015

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READYCOMMENCE YOUR NEW COURT CASE:

1. Original Complaint or Petition.

2. If filing a Complaint, a completed Summons form for issuance by the Clerk.

3. Civil Case Cover Sheet, Judicial Council form CM-OlD.

4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev.03111).

5. Payment in full of the filing fee, unless fees have been waived.

6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is aminor under 18 years of age will be required by Court in order to issue a summons.

7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendummust be served along with the summons and complaint, or other initiating pleading in the case.

LACIV 109 (Rev. 03/11)

LASC Approved 03-04

CML CASE COVER SHEET ADDENDUMAND STATEMENT OF LOCATION

Local Rule 2.0

Page 4 of 4

Item III. Statement of Location: Enter the address of the accident, party’s residence or place of business, performance, or othercircumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected.

CITY

Los Angeles

ADDRESS:

REASON: Check the appropriate boxes for the numbers shown 747 Warehouse St.under Column C for the type of action that you have selected forthis case.

Lii. E12. L13. L14. L15. L16. E7. L18. E9. Lb.

STATE:

CA

ZIP CODE

J90021

(SIGNATURE I

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