Iris Alonzo Bc592105

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Keith A. Fink, Bar No. 146841Sarah E. Hernandez, Bar No. 206305Jennifer H. Yeung, Bar No. 280819FINK & STEINBERGAttorneys at Law11500 Olympic Boulevard, Suite 316Los Angeles, California 90064Telephone: (310) 268-0780Facsimile: (310) 268-0790

Attorneys for PlaintiffIRIS ALONZO

OF ORIGINAL FILED)ns Ancelpc

AUG 202015SherrJ H. Carter, Executive OtficerICerkBy: Moses Soto, Deputy

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES - CENTRAL DISTRICT

AMERICAN APPAREL, INC., a Delawarecorporation; AMERICAN APPARELRETAIL, INC., a California corporation;AMERICAN APPAREL (USA), LLC, aCalifornia limited liability company;AMERICAN APPARELMANUFACTURING, INC., a Californiacorporation; AMERICAN APPARELGROUP, a Delaware corporation;AMERICAN APPAREL CORPORATION,a Delaware corporation; and DOES 1 to 100,inclusive,

Defendants.

CASE NO.

COMPLAINT F(JAJGF)R:

1. WRONGFUL TERMINATION INVIOLATION OF PUBLIC POLICY;

2. BREACH OF CONTRACT - ORAL;3. BREACH OF CONTRACT - WRITTEN;4. BREACH OF THE COVENANT OF GOOD

FAITH AND FAIR DEALING;5. VIOLATION OF LABOR CODE § 201 &

203, ET SEQ.;6. VIOLATION OF LABOR CODE § 2067. VIOLATION OF LABOR CODE § 1102.58. VIOLATION OF LABOR CODE § 1198.59. VIOLATION OF BUSINESS AND

PROFESSIONS CODE § 17200, ET SEQ.

[JURY TRIAL DEMANDED]

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VENUE AND PARTIES

1. Plaintiff IRIS ALONZO (“ALONZO” and/or “PLAINTIFF”) is, and at all times relevant

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

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

1PLAINTIFF’S COMPLAINT FOR DAMAGES

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IRIS ALONZO, an individual;

Plaintiff,

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23 Plaintiff IRIS ALONZO hereby alleges as follows:

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

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

3 Angeles, State of California.

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

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

6 all times relevant hereto was, a California corporation, doing substantial business in the County

7 of Los Angeles, State of California.


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

10 times relevant hereto was, a California limited liability company, doing substantial business in

ii the County of Los Angeles, State of California.


13 APPAREL MANUFACTURING, INC. (“AMERICAN APPAREL” and/or

14 “DEFENDANTS”) is, and at all times relevant hereto was, a California corporation, doing

15 substantial business in the County of Los Angeles, State of California.


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

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


20 7. PLAINTIFF is informed and believes, and thereon alleges that Defendant AMERICAN APPAREL

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

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


24 8. PLAINTIFF is informed and believes, and thereon alleges that AMERICAN APPAREL, INC.,

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

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

27 APPAREL CORPORATION were joint employers of PLAINTIFF. AMERICAN APPAREL,

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

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PLAINTIFF’S COMPLAINT FOR DAMAGES

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

2 AMERICAN APPAREL CORPORATION hired employees jointly, including PLAINTIFF,

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

4 other employees’ wages. Therefore, these entities were at all times joint employers of

5 PLAINTIFF.

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

7 associated or otherwise, ofDefendants DOES 1 through 100 (“DOES” and/or “DEFENDANT

8 DOE”) inclusive, and therefore sues said Does by such fictitious names. PLAINTIFF will seek

9 leave of Court to amend this Complaint to show the true names and capacities of such DOES

io when the same has been ascertained. PLAINTIFF is informed and believes, and thereon alleges

ii that each of the fictitiously named Defendants is responsible to PLAINTIFF for the injuries

12 suffered and alleged herein, or is subject to the jurisdiction of the Court as a necessary party for

13 the relief herein requested.

14 10. PLAINTIFF is informed and believes, and thereon alleges that AMERICAN APPAREL, INC.,

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

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

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

18 interest and ownership that their separate corporate personalities are merged so that one

19 corporation is a mere adjunct ofanother and the companies form a single enterprise. PLAINTIFF

20 further alleges that AMERICAN APPAREL, INC., AMERICAN APPAREL RETAIL, INC.,

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

22 AMERICAN APPAREL GROUP, and AMERICAN APPAREL CORPORATION commingled

23 their funds and other assets, failed to segregate the firnds of the separate entities, allowed the

24 diversion of corporate funds or assets to non-corporate uses, failed to maintain corporate

25 minutes, failed to maintain adequate corporate records, failed to adhere to corporate formalities,

26 failed to conduct transactions by and between one another at arm’s length, used the same offices

27 and/or business locations, employed the same or largely the same employees, and/or failed to

28 adequately capitalize some or all of the corporations.

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

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

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

4 conduct alleged herein were performed within the course and scope and in the furtherance of

5 such agency, partnership, joint venture, employment or alter ego relationship.

6 12. Venue is properly laid in this Court in that the claims and injuries occurred in the County ofLos

7 Angeles.

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9 GENERAL ALLEGATIONS

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

11 every allegation contained in Paragraphs 1 through 12, inclusive.

12 14. ALONZO was employed by AMERICAN APPAREL from February 16, 2004, through June 25,

13 2014, and then again from October 20, 2014, through February 19, 2015.

14 15. During her eleven-year tenure with DEFENDANTS, ALONZO made many meaningful and

15 tangible contributions to AMERICAN APPAREL in the areas of product design, retail

16 development, and brand growth that resulted in over one billion dollars in sales and global

17 recognition for the apparel company.

18 16. In the area of product development, ALONZO was instrumental in the development and

19 execution of the company’s Tn-Blend Jersey fabric, which alone was responsible for

20 approximately twenty five million dollars of sales annually since 2005, the Cotton Spandex

21 Legging, a top seller since its launch, the now classic 3 stripe Tube Socks (2006), the “Disco

22 Pant” (2007), the “Deep V Neck” (2007), the launch of the company’s first Denim line

23 (2010), the top selling Fisherman Sweater (2012), and hundreds of other products.

24 17. In 2008, after the passing of Proposition 8 in California, ALONZO and her team were

25 responsible for conceiving the groundbreaking and globally recognized “Legalize Gay”

26 campaign and was an early supporter of partnering with innovative gay culture publications and

27 organizations.

28 18. ALONZO also stewarded important collaborations and relationships between the American

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i Apparel brand and world-class art museums, international art groups, independent artists and

2 art non-profits, solidifying the brand’s place in the contemporary art sector.

3 19. ALONZO’S commitment to AMERICAN APPAREL and its success was undying since the

4 outset of her employment. Throughout her tenure with DEFENDANTS, ALONZO’S job

5 performance was stellar and DEFENDANTS continually acknowledged her work product and

6 contributions to the company.

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8 Exactly one weekfollowing the ousting ofFormer CEO Dov Charney,

9 Alonzo was terminated without severance or cause.

10 20. PLAINTIFF is informed and believes that in or around 2013 and early to mid-2014,

11 DEFENDANTS secretly looked for ways to fire CEO Dov Charney (“Mr. Charney”) and to

12 compromise his control of stock in the company. On or about June 18, 2014, Mr. Charney was

13 officially terminated as CEO of AMERICAN APPAREL.

14 21. Exactly one week later on or aboutJune 25, 2014, ALONZO received a telephone call from

15 AMERICAN APPAREL’S Interim CEOJohn Luttrell (“Mr. Luttrell”). During this call, Mr.

16 Luttrell asked ALONZO if she had been speaking with Mr. Charney since his termination.

17 ALONZO affirmed that she had been, but only because he was her friend. ALONZO also made

18 clear to Mr. Luttrell that her job duties at AMERICAN APPAREL were her top priority and

19 that she had been diligently performing all of her job responsibilities notwithstanding Mr.

20 Charney’s departure, as she had been for the ten years prior. In response, Mr. Luttrell told

21 ALONZO, “I’ll have to think about how I feel about that.”

22 22. Approximately two (2) hours later, ALONZO received an email from Interim General Counsel,

23 Tobias Keller (“Mr. Keller”), informing her that she was terminated, effective immediately.

24 DEFENDANTS refused to provide ALONZO with a one-year severance as they had promised

25 her, and as a condition of her employment. DEFENDANTS also provided no reason for her

26 termination.

27 23. Following this abrupt termination, ALONZO was forced to borrow money to supplement her

28 lost wages and to pay her bills, including rent and utilities. ALONZO was forced to take out a


i loan in the amount of $30,000.00 from Mr. Charney in order to survive.

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3 Due to the loss ofPlaintiff’s creative leadership, the Interim CEO begs Plaintiffto

4 return to American Apparel to restore the company brand.

5 24. On or about September 29, 20:14, Scott Brubaker (“Mr. Brubaker”) was hired as Interim CEO.

6 In the second week of October 2014, Mr. Brubaker requested a meeting with ALONZO. Over

7 the course of a three-hour dinner meeting, Mr. Brubaker told ALONZO that there was no

8 creative leadership at the company and pleaded for ALONZO to return to her position as

9 Senior Creative Director as soon as possible. Additionally, recognizing ALONZO’S advertising

10 talent as well, Mr. Brubaker told ALONZO he wanted her to fill the role of Interim Marketing

11 Director as well as head of the E-commerce division at AMERICAN APPAREL to save the

12 company’s falling online sales.

13 25. ALONZO agreed to return to the company as AMERICAN APPAREL’S Senior Creative

14 Director, without an increase in gross pay, on the following terms:

15 • (1) ALONZO would be reimbursed for the $30,000.00 loan she had borrowed from Mr.

16 Charney to supplement her lost wages over the summer of 2014;

17 • (2) ALONZO ‘S employee stock plans, which were cancelled when she was terminated

18 on June 25, 2014, would be reinstated and any shares of stocks that vested since her

19 termination would be paid to her including taxes by AMERICAN APPAREL

20 (ALONZO was promised two tranches that vested following her termination for 50,000

21 shares and 53,333 shares, respectively, plus taxes); and

22 • (3) AMERICAN APPAREL promised ALONZO additional bonuses if she was able to

23 improve the E-commerce sales, which were approximately 20% negative compared to

24 the year prior, by the end of the 2014 fiscal calendar.

25 26. DEFENDANTS and ALONZO agreed to the above terms and ALONZO was officially re

26 hired by AMERICAN APPAREL on October 20, 2014. Mr. Brubaker acted as ALONZO’S

27 supervisor from the date of her rehire until a new Chief Executive Officer was appointed on or

28 about January 5, 2015.


1 27. Following her rehire, ALONZO excelled in her three roles as Senior Creative Director, Interim

2 Marketing Director, and head of the E-commerce division. ALONZO’S job duties, included

3 but were not limited to, the following:

4 • Overseeing all print and digital advertising campaigns, email campaigns, and brand

5 collaborations;

6 • Supervising all photo shoots and presiding over all charitable contributions made by

7 AMERICAN APPAREL;

8 • Designing and implementing billboard campaigns, product design, and store design;

9 • Creating and managing DEFENDANTS’ first-ever marketing budget which totaled

10 approximately $12,000,000.00; and

11 • Reestablishing communication channels between various creative departments in an

12 effort to recapture the original brand aesthetics, which had been neglected in her

13 absence.

14 28. Mr. Brubaker frequently praised ALONZO’S stellar performance, including but not limited to:

15 her efforts to increase online sales by twenty-two percent (22%) in approximately three months.

16 Prior to ALONZO’S rehire, the E-commerce division, which is responsible for online sales, was

17 operating at a negative fifteen point three percent (-15.3%) year-to-date growth rate, primarily as

18 a result of the chaos that ensued following Mr. Charney’s and ALONZO’s respective

19 terminations. With the improvement brought about by ALONZO ‘S strategic decisions and

20 communication alignment, online sales were operating at a two percent (2%) year-to-date

21 growth rate by December 31, 2014.

22 29. On or about December 24, 2014, Mr. Brubaker sent an email to ALONZO praising her for her

23 dedication and contributions to the growth of AMERICAN APPAREL stating, in part, “Thank

24 you for your undying dedication, positive energy and leadership throughout this year. I am so

25 impressed with your abilities and your drive. Thank you for all that you do for American

26 Apparel...” A true and correct copy of this email is attached hereto as Exhibit A.

27 /

28 II


1 Defendantsfail to compensate Alonzo aspromised and instead continue to delay

2 taking any action on what she is rightfully owed.

3 30. In or around mid-December 2014, ALONZO sent an email to Mr. Brubaker inquiring about the

4 stock grants she lost when she was terminated on June 25, 2014, as well as the reimbursement

5 of $30,000.00 loan. Despite ALONZO’S request for a resolution of these issues by year-end,

6 DEFENDANTS failed to issue payment.

7 31. In or around mid-January 2015, ALONZO sent another email to Mr. Brubaker expressing her

8 concern that she still had not been paid the $30,000.00 pursuant to one of the conditions of her

9 rehire. ALONZO informed Mr. Brubaker that she was compelled to borrow $30,000.00 from

io her parents to pay back Mr. Charney for the loan and needed AMERICAN APPAREL to issue

11 payment to her immediately. Mr. Brubaker responded that ALONZO should not have paid Mr.

12 Charney back and assured her that Standard General, the controlling interest in AMERICAN

13 APPAREL, would be issuing payment of $30,000.00 to Mr. Charney directly, an amount which

14 was never paid, not even a fraction thereof.

15 32. ALONZO made similar complaints to Standard General Partner David Glazek (“Mr. Glazek”)

16 from November 2014 to January 2015, but again received no definitive response and/or

17 resolution regarding the $30,000.00 or shares of stock owed, resulting in further delay. A true

18 and correct copy of text messages exchanged between Mr. Glazek and ALONZO is attached

19 hereto as Exhibit B.

20 33. On or about January 5, 2015, Paula Schneider (“Ms. Schneider”) became the new Chief

21 Executive Officer of AMERICAN APPAREL. Throughout her employment under Ms.

22 Schneider, ALONZO also received praise for her creativity, hard work, and tangible

23 contributions to AMERICAN APPAREL.

24 34. On or about February 5, 2015, ALONZO sent an email to Ms. Schneider to address the still

25 unpaid sum of $30,000.00 as well as her lost shares due to her termination. Ms. Schneider gave

26 assurances to ALONZO that any amount owed to her would be forthcoming. However, as was

27 the case with the Interim CEO and the Standard General Partner, Ms. Schneider also refused to

28 pay ALONZO her wages.

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1 Alonzo is wrongfully terminated in retaliationfor her retention ofan attorney to

2 resoh’e the issue ofher unpaid wages, which Defrndants still refuse to pay.

3 35. Frustrated with DEFENDANTS’ refusal to pay in breach of their promises to ALONZO, and

4 realizing the Interim CEO, Standard General Partner, and new CEO had been stringing her

5 along with empty promises that she would be “made whole” on all monies she was owed,

6 ALONZO retained an attorney, Keith A. Fink, Esq. (“Mr. Fink”) of FINK & STEINBERG.

7 36. On or about February 16, 2015, ALONZO’S attorney Mr. Fink wrote an email to Chelsea A.

8 Grayson (“Ms. Grayson”), General Counsel for AMERICAN APPAREL, to advise her of his

9 representation of ALONZO and to formally request ALONZO’S personnel file pursuant to

io Labor Code Section 1198.5. A true and correct copy of this email is attached hereto as Exhibit

11 C.

12 37. That same day, ALONZO also informed Ms. Schneider in writing of her decision to retain legal

13 counsel. In her email, ALONZO told Ms. Schneider she did not want anything to get between

14 herself and Ms. Schneider and ALONZO explained that she felt it would be best to have a

15 lawyer address the issues surrounding her unpaid compensation.

16 38. Less than seventy-two (72) hours later, on or about February 19, 2015 (erroneously dated

17 February 19, 2014), DEFENDANTS terminated ALONZO’S employment with AMERICAN

18 APPAREL in retaliation for retaining an attorney and/or for demanding payment of her wages.

19 At around 3:30 p.m. that day, Director of Asset Protection and Risk Management Blue Montez

20 (“Mr. Montez”) and Chief Human Resources Officer Craig Simmons (“Mr. Simmons”)

21 barged into a meeting ALONZO was conducting and instructed all other employees to

22 “evacuate” the office, at which point ALONZO was presented with a termination letter.

23 DEFENDANTS provided no reason for ALONZO’S termination. Upon information and

24 belief, DEFENDANTS made the decision to terminate ALONZO due to the complaint written

25 by ALONZO’S attorney Mr. Fink on her behalf just a few days prior. A true and correct copy of

26 the termination letter is attached hereto as Exhibit D.

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1 39. Instead of allowing ALONZO to leave her place of employment with respect and dignity, Mr.

2 Montez, together with a group of security guards, escorted ALONZO out of the building to her

3 vehicle like a common criminal.

4 40. ALONZO is informed and believes that DEFENDANTS have a pattern and practice of firing

5 employees who retained legal counsel to complain of a host of unlawful practices by

6 DEFENDANTS and/or complaining of DEFENDANTS’ failure to pay their employees

7 rightfully owed monies, including but not limited to wages, reimbursements, and vested shares

8 of stock.

9 41. On or about March 6, 2015, AMERICAN APPAREL produced ALONZO’S personnel file, but

10 it was incomplete. Tellingly several documents relative to her compensation, terms of her

11 rehire, her requests to be compensated, and eventual firing were removed. Additionally,

12 PLAINTIFF is informed and believes that AMERICAN APPAREL now has a practice of

13 sanitizing illegally fired employees by stuffing personnel files with backdated memorandums

14 that the employees were never shown while working at AMERICAN APPAREL and removing

15 select documents from files that demonstrate illegal practices by the company.

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17 Defrndants unlawfully withheld vacation payfrom Alonzo.

18 42. Pursuant to the terms of her employment with DEFENDANTS, ALONZO was entitled to

19 three (3) weeks of vacation. However, from 2004 to 2011, ALONZO was unable to take time off

20 for vacation due to her workload, which required her to work approximately ninety (90) to one

21 hundred (100) hours per week. It was not until 2011, approximately seven years after her initial

22 hire date, that ALONZO took a vacation.

23 43. ALONZO is informed and believes that DEFENDANTS have a pattern and practice, under

24 new management, of not paying out accrued and/or unused vacation. ALONZO is further

25 informed and believes that this has been a pattern and practice established by Ms. Grayson and

26 Ms. Schneider.

27 44. Upon termination, DEFENDANTS failed to pay ALONZO her accrued and/or unused

28 vacation.


1 FIRST CAUSE OF ACTION

2 WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY

3 (Against All DEFENDANTS and DOES 1 to 100)



6 46. It is the well-established policy of the State ofCalifornia by and through its statutory and common

7 laws, including but not limited to California Constitution, Article I, § 8, Business and Professions

8 Code § 17200, etçq, Civil Code § 1770, etq, and the various Labor Code sections within this

9 Complaint, that it is intolerable and unlawful for an employer to bar or to discharge a person from

io employment or to discriminate against the person in compensation or in terms, conditions, or

11 privileges of employment in retaliation for opposing an unlawful and/or discriminatory practice

12 and/or for participating in a protected activity and/or for requesting payment of wages.

13 47. In contravention of these policies, PLAINTIFF is informed, believes and thereupon alleges that

14 DEFENDANTS retaliated against her, and terminated her because of her complaints ofunlawful

15 practices, including but not limited to, DEFENDANTS’ failure to compensate PLAINTIFF

16 pursuant to the terms ofher rehire and because PLAINTIFF hired an attorney to address the issues

17 surrounding the unpaid compensation and various Labor Code violations and/or to avoid payment

18 of wages.

19 48. DEFENDANTS’ actions described herein above were in violation of established public policy

20 against termination for participating in a protected activity as alleged above.

21 49. The conduct, statements and acts described herein were an ongoing part of a continuing scheme

22 and course of conduct. DEFENDANTS were aware ofthe substance of the above-described facts

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

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

25 50. DEFENDANTS have continued to ratify and have refused to remedy or correct the

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

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

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1 51. As a direct and proximate result of the aforementioned violations of statute and public policy,

2 PLAINTIFF has suffered and will continue to suffer:

3 a. A substantial reduction in past and current income and future income potential in sums as

4 may be shown according to proof

5 b. A substantial injury and damage to her occupation and professional reputation in a sum as

6 may be shown according to proof;

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

8 d. Extreme humiliation and embarrassment and other losses from the date of said acts all to

9 PLAINTIFF’S damage, in a sum as may be shown according to proof.

10 52. The amount of PLAINTIFF’S damages is not presently known but she will seek leave of Court

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

12 prove the same at trial.

13 53. The above-recited actions of DEFENDANTS were done with malice, fraud, oppression, and/or

14 reckless disregard ofPLAINTIFF’S rights. DEFENDANTS engaged in offensive conduct despite

15 their awareness of the effect on PLAINTIFF. As a result ofthese and other actions, PLAINTIFF is

16 entitled to an award of punitive damages.

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18 SECOND CAUSE OF ACTION

19 BREACH OF CONTRACT - ORAL


21 54. PLAINTIFF re-alleges and incorporates herein by reference, as though set forth in full, each

22 and every allegation contained in Paragraphs 1 through 53, inclusive.

23 55. In or around 2004, DEFENDANTS and PLAINTIFF entered into an employment contract.

24 During her employment, Mr. Charney, acting on behalf of DEFENDANTS, verbally

25 represented to PLAINTIFF that the terms of her employment would include one (1) year

26 severance pay upon termination. During her employment, PLAINTIFF was also promised

27 three (3) of vacation annually.

28 56. Following her initial termination, in or around mid-October 2014, ALONZO agreed to return to

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i the company as AMERICAN APPAREL’S Senior Creative Director, without an increase in

2 gross pay, on the following terms:



5 • (2) ALONZO’S employee stock plans, which were cancelled when she was terminated

6 on June 25, 2014, would be reinstated and any shares of stocks that vested since her







13 57. DEFENDANTS and ALONZO agreed to the above terms and ALONZO was officially re

14 hired by AMERICAN APPAREL on October 20, 2014.

15 58. PLAINTIFF at all times performed her obligations under the employment contract.

16 DEFENDANTS breached the employment contract by terminating PLAINTIFF without

17 severance or cause, and by failing to pay accrued and/or unused vacation, the $30,000.00 she

18 loaned from Mr. Charney, or her vested shares of stock, which amounted to a total of 103,333

19 shares of stock.

20 59. As a result of DEFENDANTS’ breach, PLAINTIFF was damaged, including but not limited to,

21 severance, vacation pay, lost wages and stock entitlements.

22 60. DEFENDANTS’ refusal to perform on the employment agreement was undertaken without

23 stipulation, justification, or excuse.

24 61. PLAINTIFF’S damages are a certain, foreseeable, and measurable consequence of

25 DEFENDANTS’ breaches. As a direct and proximate result of said breaches, PLAINTIFF has

26 been damaged in an amount to be proven at trial according to proof, which she believes to be in

27 excess of five hundred thousand dollars ($500,000.00).

28 //


1 TIIIRI) CAUSE OF ACTION

2 BREACH OF CONTRACT - WRITTEN


4 62. PLAINTIFF re-alleges and incorporates herein by reference, as though set forth in full, each

5 and every allegation contained in Paragraphs 1 through 61, inclusive.

6 63. In or around 2004, DEFENDANTS and PLAINTIFF entered into an employment contract.

7 During her employment, Former CEO Mr. Charney, acting on behalf of DEFENDANTS,

8 represented in writing to PLAINTIFF that the terms of her employment would include one (1)

9 year severance pay upon termination. During her employment, PLAINTIFF was also promised

10 three (3) of vacation annually.

i 64. Following her initial termination, in or around mid-October 2014, ALONZO agreed to return to

12 the company as AMERICAN APPAREL’S Senior Creative Director, without an increase in

13 gross pay, on the following terms:



16 • (2) ALONZO’S employee stock plans, which were cancelled when she was terminated

17 onJune 25, 2014, would be reinstated and any shares of stocks that vested since her







24 65. DEFENDANTS and ALONZO agreed to the above terms which were documented in a series

25 of email exchanges between Mr. Brubaker and ALONZO. ALONZO was officially re-hired by

26 AMERICAN APPAREL on October 20, 2014.

27 66. PLAINTIFF at all times performed her obligations under the employment contract.

28 DEFENDANTS breached the employment contract by terminating PLAINTIFF without


i severance or cause, and by failing to pay accrued and/or unused vacation, the $30,000.00 she

2 loaned from Mr. Charney, or her vested shares of stock, which amounted to a total of 103,333

3 shares of stock.

4 67. As a result of DEFENDANTS’ breach, PLAINTIFF was damaged, including but not limited to,

5 severance, vacation pay, lost wages and stock entitlements.

6 68. DEFENDANTS’ refusal to perform on the employment agreement was undertaken without

7 stipulation, justification, or excuse.

8 69. PLAINTIFF’S damages are a certain, foreseeable, and measurable consequence of

9 DEFENDANTS’ breaches. As a direct and proximate result of said breaches, PLAINTIFF has

10 been damaged in an amount to be proven at trial according to proof which she believes to be in

ii excess of five hundred thousand dollars ($500,000.00).

12

13 FOURTH CAUSE OF ACTION

14 BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AN]) FAIR DEALING


16 70. PLAINTIFF re-alleges and incorporates herein by reference, as though set forth in frill, each and


18 71. Implied in every California contract is a covenant of good faith and fair dealing. This implied

19 covenant prevents one party to a contract from acting in bad faith in the performance of its

20 contractual obligations and prevents it from intentionally depriving the other party of the

21 benefit he or she bargained for in the agreement.

22 72. In or around October 2014, and through various representations, DEFENDANTS and

23 PLAINTIFF entered into oral and written contracts under which PLAINTIFF would be paid

24 $30,000.00 to make her whole on the $30,000.00 loan she had borrowed from Mr. Charney to

25 supplement her lost wages following her termination; payment of stock entitlements that had

26 vested since her termination, and additional incentives for increasing AMERICAN

27 APPAREL’ S online sales. This constituted a valid and binding contract, the terms of which are

28 certain and enforceable.

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1 73. PLAINTIFF at all times performed her obligations under the agreement. DEFENDANTS

2 breached the agreement by terminating PLAINTIFF without cause and in retaliation for her

3 protected complaints.

4 74. As a result of DEFENDANTS’ breach of the covenant of good faith and fair dealing,

5 PLAINTIFF has suffered damages.

6 75. PLAINTIFF has suffered and continues to suffer:

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

8 in sums as may be shown according to proof;

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

10 a sum as may be shown according to proof;

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

12 d. Extreme humiliation, embarrassment, emotional pain, and distress, which

13 culminated in suffering, mental anguish, inconvenience, and other losses from the date of her

14 termination, all of PLAINTIFF’S damages in a sum as may be shown according to proof.

15 76. The amount ofPLAINTIFF’S damages is not presently known, but she will seek leave ofCourt to

16 amend this Complaint when the exact amount of such damages has been ascertained and/or will




20 their awareness of the effect on PLAINTIFF. As a result of these and other actions, PLAINTIFF is


22

23 FIFTH CAUSE OF ACTION

24 VIOLATION OF LABOR CODE § 201 AN]) 203, et q




28 79. DEFENDANTS failed to pay PLAINTIFF her wages earned and unpaid upon termination,


i including the $30,000.00, accrued and/or unused vacation, and vested shares of stock. Pursuant to

2 Labor Code § 201, it is unlawful for an employer to fail to pay an employee the wages earned and

3 unpaid at the time of termination.

4 80. As a consequence of DEFENDANTS’ willful conduct in not paying PLAINTIFF all wages due

5 and owing to her upon termination, PLAINTIFF is entitled to penalty wages under Labor Code

6 § 203, together with interest thereon. Pursuant to Labor Code § 203, if an employer willfully

7 fails to pay any wages and benefits of an employee who is discharged or quit within specified

8 times, the wages of such employee shall continue to accrue from the date thereof at the same

9 rate until paid, or until an action is commenced, up to a maximum of thirty (30) days.

10 81. PLAINTIFF will seek attorneys’ fees incurred in prosecuting this action under Labor Code §

11 201, 202, 218.5, and/or 1194, etq1

12

13 SIXTH CAUSE OF ACTION

14 VIOLATION OF LABOR CODE § 206, et çq




18 83. PLAINTIFF is owed unpaid wages, bonuses, stock entitlements, vacation pay, severance pay, and

19 other benefits to which PLAINTIFF was entitled to by reason of her employment with

20 DEFENDANTS;

21 84. DEFENDANTS acknowledged orally and in writing that PLAINTIFF was entitled to payment of’

22 $30,000.00 to make her whole on her $30,000.00 loan, payment of her vested shares of stock

23 (ALONZO was promised two tranches that vested following her termination for 50,000 shares and

24 53,333 shares, respectively, plus taxes), vacation pay, severance pay, and other bonuses for

25 improving AMERICAN APPAREL’S online sales by the end of2014. However, DEFENDANTS

26 refused to issue payment.

27 85. Labor Code § 206 provides in pertinent part, “.. . the employer shall pay, without condition and

28 within the time set by this article, all wages, or parts thereof, conceded by him to be due...”.


1 DEFENDANTS have not paid the aforementioned sums, which they acknowledged was rightfully

2 due to PLAINTIFF.

3 86. PLAINTIFF has not received payment and it has been over the applicable time period set by

4 statute for unpaid wages (over 10 days and over 30 days).

5 87. As a consequence of DEFENDANTS’ willful conduct in their failure to pay PLAINTIFF all

6 wages due upon termination, including stocks, bonuses, vacation pay, and severance pay,

7 PLAINTIFF is entitled to penalties and treble damages under Labor Code § 206, together with

8 interest thereon.

9 88. PLAINTIFF will seek attorneys’ fees incurred in prosecuting this action under Labor Code §

10 218.5, and/or any other applicable Labor Code sections.

11

12 SEVENTH CAUSE OF ACTION

13 VIOLATION OF LABOR CODE § 1102.5




17 90. Pursuant to Labor Code § 1102.5, an employer may not retaliate against an employee for

18 “disclosing information, or because the employer believes that the employee disclosed or may

19 disclose information, to a government or law enforcement agency, to a person with authority over

20 the employee or another employee who has the authority to investigate, discover, or correct the

21 violation or noncompliance... “.

22 91. PLAINTIFF reasonably believed and complained ofDEFENDTS’ illegal failure to pay her

23 earned wages, stock entitlements, and vacation pay to many of DEFENDANTS’ employees,

24 agents, or officers, including but not limited to Scott Brubaker, David Glazek, Paula Schneider,

25 and Chelsea Grayson.

26 92. PLAINTIFF is informed, believes, and thereon alleges that DEFENDANTS did willfully

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

28 the belief that she would report DEFENDANTS to governmental agencies.


1 93. As a direct and proximate result ofDEFENDANTS’ conduct, PLAINTIFF has suffered and will

2 continue to suffer:

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

4 in sums as may be shown according to proof;

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

6 a sum as may be shown according to proof;

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

8 d. Extreme humiliation and embarrassment and other losses from the date of said

9 acts all to PLAINTIFF’S damage, in a sum as may be shown according to proof.

10 94. The amount of PLAINTIFF’S damages is not presently known but she will seek leave of Court

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




15 their awareness of the effect on PLAINTIFF. As a result of these and other actions, PLAINTIFF is


17 96. Pursuant to Labor Code § 1102.5(f), DEFENDANTS’ violations also subject them to civil

18 penalties often thousand dollars ($10,000.00) for each violation of Labor Code § 1102.5.

19 97. PLAINTIFF will seek attorneys’ fees and costs to the extent permitted by any applicable statutes

20 and provisions of the Labor Code.

21

22 EIGHTH CAUSE OF ACTION

23 VIOLATION OF LABOR CODE § 1198.5



26 every allegation contained in Paragraphs 1 through 97 inclusive.

27 99. Pursuant to Labor Code § 1198.5, an employer who receives an employee’s request to inspect or

28 copy records ofthat employee’s file pursuant to subdivision (b) pertaining to a current or former


i employee shall comply with the request as soon as practicable, but no later than 21 calendar days

2 from the date of the request. Additionally, pursuant to Labor Code § 1198.5, former employees

3 are allowed access to their personnel files and records that relate to their performance or to any

4 grievance concerning them.

5 100. DEFENDANTS failed to comply with PLAINTIFF’S written request for her employment file,

6 in violation of Labor Code § 1198.5. Tellingly several documents relative to her compensation,

7 terms of her rehire, her requests to be compensated, and eventual firing were removed.

8 Additionally, PLAINTIFF is informed and believes that AMERICAN APPAREL now has a

9 practice of sanitizing illegally fired employees by stuffing personnel files with backdated

10 memorandums that the employees were never shown while working at AMERICAN APPAREL

ii and removing select documents from files that demonstrate illegal practices by the company.

12 101. The amount ofPLAINTIFF’S damages is not presently known, but she will seek leave ofCourt

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


15

16 MNTH CAUSE OF ACTION

17 VIOLATION OF BUSINESS & PROFESSIONS CODE § 17200, et




21 103. California Business and Professions Code § 17200, etq, provides that unfair competition shall

22 mean and include “all unlawful, unfair or fraudulent business act or practices and unfair, deceptive,

23 untrue or misleading advertising.”

24 104. PLAINTIFF is informed and believes and thereon alleges that DEFENDANTS have engaged

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

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

27 policy including but not limited to the following: California Constitution, Article I, § 8 and Civil

28 Code § 1770, et çg The continuation of such unfair business practices allows DEFENDANTS


i to maintain an unfair advantage over other companies which comply with established California

2 laws and the public policy of the state of California.

3 105. DEFENDANTS falls within the definition of “person” as set forth in Business and Professions

4 Code § 17203 and 17506.

5 106. The unlawful, unfair, and fraudulent business practices of DEFENDANTS described above

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

7 engage in the conduct described above, and members of the public are likely to be deceived

8 when they pursue or gain employment with DEFENDANTS. Pursuant to California Business

9 and Professions Code § 17203, PLAINTIFF seeks an order from this Court that:

10 a. Provides injunctive and declaratory relief finding that DEFENDANTS have violated

11 the provisions of California Business and Professions Code § 17200, et çq; and

12 b. For an order enjoining DEFENDANTS and their respective successors, agents,

13 servants, officers, directors, employees, and all other persons acting in concert with

14 them, directly or indirectly, from engaging in conduct which violates California Business

15 and Professions Code § 17200, et çq1

16

17 PRAYER FOR REUEF

18 WHEREFORE, PLAINTIFF prays for judgment against DEFENDANTS, and each of them, as

19 follows:

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

21 interest, in an amount to be determined at trial, but no less than five hundred thousand dollars

22 ($500,000.00);

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

24 pay, severance pay, and any other benefits to which PLAINTIFF would have been entitled to

25 by reason of her employment with DEFENDANTS, according to proof, but no less than five

26 hundred thousand dollars ($500,000.00);

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

28 and/or deter DEFENDANTS, and each of them, from further engaging in the conduct


i described herein, and to deter others from engaging in the same or similar acts;

2 4. For appropriate civil and statutory penalties;

5. For restitution and/or disgorgement of all ill-gotten gains (on the Ninth Cause of Action only);

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

5 competition as described in the Ninth Cause of Action;

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

7 8. For pre- and postjudgment interest on all damages and other relief awarded herein from all

8 entities against whom such relief may be properly awarded; and

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

10

DATED: August 19, 2015 FINK & STEINBERG

By: (/iL--,)13 KeifhA.Fink /

Sarah E. Hernandez14 Jennifer H. Yeung

Attorneys for Plaintiff15 IRIS ALONZO

16

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19

20

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22

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CM-OiOATTORNEY OR PARTY WiTHOUT ATTORNEY (Name, State Barnumber, and address):

Jennifer H. Yeung SBN 280819Fink & Steinberg11500 Olympic Boulevard, Suite 316Los Angeles, California 90064

TELEPHONE NO.: L310) 268-0780ATTORNEY FOR (Name): Plaintiff Iris Alonzo

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los AngelesSTREET ADDRESS: 111 North Hill StreetMAILING ADDRESS: 111 North Hill Street

CITY AND ZIP CODE Los Angeies, California 90012BRANCH NAME: Central District

CASE NAME:

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

FAX NO.: (310) 268-0790

- FORCOURTUSEOIVLY

COM’ORMEI) COPOF ORIGINAL FILED

Tç 4riaplc ,rnr(’otirf

AUG20 2015Shorn R. Carter, Executive Officer/Clerk

By: Moses Soto, Deputy

CIVIL CASE COVER SHEET Complex Case Designation CASENUMBC 5 9 2 1 0 5Unlimited LEJ Limited El Counter El Joinder(Amount (Amount

JUDGEdemanded demanded is Filed with first appearance by defendantexceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) OEPT:

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

Auto Tort Contract Provisionally Complex Civil LitigationEl Auto (22) EEl 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 Pl/PDIWD (Personal Injury/Property LZI 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 Eminent domain/Inverse El Insurance coverage claims arising from theEl Other Pl/PDPND (23) condemnation (14) above listed provisionally complex caseNon-PI/PDIWD (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 Detainer El Enforcement of judgment (20)

El Defamation (13) El Commercial (31) Miscellaneous Civil ComplaintEl Fraud (16) El Residential (32) El RICO (27)El Intellectual property (19) El Drugs (38) El Other complaint (not specified above) (42)El Professional negligence (25) Judicial Review Miscellaneous Civil PetitionEl Other non-PIIPDAND tort (35) El Asset forfeiture (05) El Partnership and corporate governance (21)Employment El Petition re: arbitration award (11) El Other petition (not specified above) (43)EZI Wrongful termination (36) El Writ of mandate (02)

El Other employment (15) El Other judicial review (39)2. This case L._J is LU is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the

factors requiring exceptional judicial management:

a. 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 f. El Substantial postjudgment judicial supervision

3. Remedies sought (check all that apply): a.L1 monetary b. EZ1 nonmonetary; declaratory or injunctive relief c. punitive4. Number of causes of action (specify): Nine (9)5. This case El is is not a class action suit.6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)

Date: August 19, 2015Jennifer H. Yeung, SBN 280819 /

(TYPE OR PRINT NAME) / (SIGNAT0EOF PARTYR ATTOR Y FOR PARTY)

NOTICE• Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed

under 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 will be used for statistical purposes only.

Page 1 of 2Foss Adopted (or Mandatory Use Cal. Rules of Court, rules 2.30, 3.220, 3.400—3.403, 3.740;

Judicial Council of California Cal. Standards 0f Judicial Administration, std. 3.10CM-O1O [Rev. July 1,20071 WWW.CoUitiflfo.ca.gov

CIVIL CASE COVER SHEET

CM-OW

Auto TortAuto (22)—Personal Injury/Property

Damage/Wrongful DeathUninsured Motorist (46) (if the

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

Other PI!PD/WD (Personal lnjurylProperty DamagelWrongful Death)Tort

Asbestos (04)Asbestos Property DamageAsbestos Personal Injuryl

Wrongful DeathProduct Liability (not asbestos or

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

Medical Malpractice—Physicians & Surgeons

Other Professional Health CareMalpractice

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

and fall)Intentional Bodily Injury/PDIWD

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

Emotional DistressNegligent Infliction of

Emotional DistressOther Pl/PDIWD

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/PDAND 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 provisionally

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, landlordftenant, 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 provisionally 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-tortfnon-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 SHEETTo 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 I 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-ole ]Rev July 1,2007]CIVIL CASE COVER SHEET Page 2 of 2

ESHORT TITLE: CASE NUMBERAlonzo v. American Apparel, Inc., et al. BC 5 9 2 1 0 5

CIVIL CASE COVER SHEET ADDENDUM ANDSTATEMENT OF LOCATION

(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)

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? El YES LIMITED CASE? El YES TIME ESTIMATED FOR TRIAL 7-8 E HOURS/ 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 one 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)

1. Class actions must be filed in the Stanley Mosk Courthouse, central district. 6. Location of property or permanently garaged vehicle.2. May be filed in central (other county, or no bodily injury/property damage). 7. Location where petitioner resides.3. Location where cause of action arose. 8. Location wherein defendant/respondent functions wholly.4. Location where bodily injury, death or damage occurred. 9. Location where one or more of the parties reside.5. Location where performance required or defendant resides. 10. Location of Labor Commissioner Office

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

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

Category 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 Liability (24) 0 A7260 Product Liability (not asbestos or toxic/environmental) 1., 2., 3.. 4., 8.

LI A7210 Medical Malpractice - Physicians & Surgeons 1., 4.Medical Malpractice (45)

LI A7240 Other Professional Health Care Malpractice 1.. 4.

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

Personal injury LI A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g.,1 4

Property Damage assault, vandalism, etc.)

Wrongful Death LI A7270 Intentional Infliction of Emotional Distress 1., 3.(23)

1 4LI A7220 Other Personal Injury/Property Damage/Wrongful Death

0-I--

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. Ca

=0<I—

LACIV 109 (Rev. 03/11)

LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUMAND STATEMENT OF LOCATION

Local Rule 2.0

Page 1 of 4

rSHORT TITLE:

Alonzov. American Apparel, Inc., et al.

CASE NUMBER

- -tI-0a’—o -=

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_____________ ____________________________________ _________

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______________________ _________________________________________________________________________

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LACIV 109 (Rev. 03/11)

LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM

AND STATEMENT OF LOCATION

Local Rule 2.0

Page 2 of 4

0

=0

C-,



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 A6010 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 1. 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 Contract! Warranty. .

. 2 5(06) El A6008 Contract/Warranty Breach -Seller Plaintiff (no fraudineghgence)

(not insurance) El A601 9 Negligent Breach of Contract/Warranty (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/fraudlnegligence) 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 Ouiet Title 2., 6.

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

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

Unlawful Detaner-ResidentialEl A8020 Unlawful Detainer-Residential (not drugs or wrongful eviction) 2., 6.

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

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

=

ci,

I

SHORT TITLE:

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



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

Petition re Arbitration (11) 0 A61 15 Petition to Compel/ContirmNacate Arbitration 2., 5.

El A6151 Writ-Administrative Mandamus 2., 8.

Writ of Mandate (02) 0 A61 52 Writ - Mandamus on Limited Court Case Matter 2,

El A61 53 Writ - Other Limited Court Case Review 2.

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

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

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

Claims lnvoMng Mass Tort El A6006 Claims Involving Mass Tort 1., 2., 8.

Securities Litigation (28) 0 A6035 Securities Litigation Case 1., 2., 8.

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

Insurance Coverage ClaimsEl A6014 Insurance Coverage/Subrogation (complex case only) 1., 2., 5., 8.from Complex Case (41)

Li A6141 Sister State Judgment 2., 9.

0 A6160 Abstract of Judgment 2., 6.

Enforcement El A6107 Confession of Judgment (non-domestic relations) 2., 9.of Judgment (20) El A6140 Administrative Agency Award (not unpaid taxes) 2., 8.

LI A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax 2.. 8.

El A6112 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 El A6040 Injunctive Relief Only (not domestic/harassment) 2.. 8.(Not Specified Above) (42) LI A601 1 Other Commercial Complaint Case (non-tort/non-complex) 1., 2.. 8.

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

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

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

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

El A6124 Elder/Dependent Adult Abuse Case 2., 3., 9.Other Petitions(Not Specified Above) LI 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.

LACIV 109 (Rev. 03/11)

LASC Approved 03-04


Local Rule 2.0

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rsHoRT TITLE: CASE NUMBER

I Alonzo v. American Apparel, Inc., et al.

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.

El. R12. E3. E14. E5. E6. E7. E8. E9. ElO.

CITY STATE: ZIP CODE:

Los Angeles CA 90021

Item IV. Declaration of Assignment: I declare under penalty of perjury under the laws of the State of California that the foregoing is true

and 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 Local

Rule 2.0, subds. (b), (c) and (d)].

Dated: August 19, 2015

(SIGN(fURE OF ATTORNEY/FILIN6PARTY)

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLYCOMMENCE 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-010.

4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev.03/11).

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

A signed order appointing the Guardian ad Litem, Judicial Council form CIV-01 0, 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


Local Rule 2.0Page 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.

5.

6.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESNOTICE OF CASE ASSIGNMENT - UNLIMITED CIVIL CASE (NON-CLASS ACTION)

Case Number

____________________________________________

8C592 105THIS 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.

*provbionally ComplexNon-class Action CasesAssignment is PendingComniex Determination

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., Los 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 PlaintifflCross-ComplalnantlAttorney of Record on

___________

SHERRI R. CARTER, Executive Officer/Clerk

SI4ERRI R. CARTERB U. SOIl) De I” Clerky —-, Pu,

I.ACIVCCH 190 (Rev. 04115)LASC Approved 05.06

NOTICE OF CASE ASSIGNMENT -

UNLIMITED CML CASEPage I of 2

I ASSIGNED JUDGE-- I DEPT ROOM I ASSIGNED JUDGE DEPT ROOM

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 17 309

Hon. Stephanie Bowick 19 311

Hon. Dalila Corral Lyons 20 310

Hon. Robert L.Hess 24 314

Hon. Yvette M. Palazueles 28 318

Hon. Barbara Scheper 30 400

Hon. Samantha Jessner 31 407

Hon. Mary H. Strobel 32 406

Hon. Michael P. Llnfield 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. Kendlg 42 416

Hon. Mel Red Recana 45 529

Hon. Frederick C. Shaller 46 500

Hon. Elizabeth Allen White 48 506

Hon. Deirdre Hill 49 509

Hon. John L. Segal 50 508

Hon. Mitchell L. Beckloff 51 511

Hon. Susan Bryant-Deason 52 510

Hon. Steven J. Kleifleld 53 513

Hon. Ernest M. Hiroshige 54 512

Hon. Malcolm H. Mackey 55 515

Hon. Michael Johnson 56 514

Hon. RoIf M. Treu 58 516

Hon. Gregory Keosian 61 732

Hon. Michael L. Stern 62 600

Hon. MsrkMooney 68 617

Hon. William F. Fahey 69 621

Hon. Suzanne G. 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. ElIas 324 CCW

Hon. Debre K. Weintraub 47

*ComDlex

507 324 CCW

INSTRUCTIONS FOR HANDLING UNLIMITED CIVIL CASES

The following critical provisions of the Chapter Three Rules, as applicable in the Central District, are summarized for your assistance.

APPLICATION

The Chapter Three Rules were effective January 1, 1994. They appLy to all general civil cases.

PRIORiTY OVER OTHER RULES

The Chapter Three Rules shall have priority over all other Local Rules to the extent the others are inconsistent.

CHALLENGE TO ASSIGNED JUDGE

A challenge under Code of Civil Procedure section 170.6 must be made within 15 days after notice of assignment for all purposes tojudge, or if a party has not yet appeared, within 15 days of the first appearance.

TIME STANDARDS

Cases assigned to the Individual Calendaring Court will be subject to processing under the following time standards:

COMPLAINTS: All complaints shall be served within 60 days of filing and proof of service shall be filed within 90 days of filing.

CROSS-COMPLAINTS: Without leave of court first being obtained, no cross-complaint may be filed by any party after their answer ifiled. Cross-complaints shall be served within 30 days of the filing date and a proof of service fiLed within 60 days of the filing date.

A Status Conference will be scheduled by the assigned Independent Calendar Judge no later than 270 days after the filing of the complaintCounsel must be fully prepared to discuss the following issues: alternative dispute resolution, bifurcation, settlement, trial date, and experwitnesses.

FINAL STATUS CONFERENCE

The Court will require the parties at a status conference not more than 10 days before the trial to have timely filed and served all motionsin limine, bifurcation motions, statements of major evidentiary issues, dispositive motions, requested jury instructions, and special juryinstructions and special jury verdicts. These matters may be heard and resolved at this conference. At least 5 days before this conference,counsel must also have exchanged lists of exhibits and witnesses and have submitted to the court a brief statement of the case to be read tothe jury panel as required by Chapter Eigit of the Los Angeles Superior Court Rules.

SANCTIONS

The court will impose appropriate sanctions for the failure or refusal to comply with Chapter Three Rules, orders made by the Court, andtime standards or deadlines established by the Court or by the Chapter Three Rules. Such sanctions may be on a party or if appropriate oncounsel for the party.

This is not a complete delineation of the Chapter Three Rules, and adherence only to the above provisions is therefore not aguarantee against the Imposition of sanctions under Trial Court Delay Reduction. Careful reading and compliance with theactual Chapter Rules Is absolutely Imperative.

LACIV CCH 190 (Rev. 04/15) - NOTICE OF CASE ASSIGNMENT — Page 2 of 2LASC Approved 05-08 UNLIMITED CIVIL CASE

VOLUNTARY EFFICIENT LITIGATION STIPULATIONS

Supedor Court of CaliforniaCounty of Los Angeles

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Assoton ofBesle.iaTili Lawysra

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• The Early Organizational Meeting Stipulation, DiscoveryResolution Stipulation, and Motions in Limine Stipulation arevoluntary stipulations entered into by the parties. The partiesmay enter into one, two, or all three of the stipulations;however, they may not alter the stipulations as written,because the Court wants to ensure uniformity of application.These stipulations are meant to encourage cooperationbetween the parties and to assist in resolving issues in amanner that promotes economic case resolution and judicialefficiency.

The following organizations endorse the goal ofpromoting efficiency in litigation and ask that counselconsider using these stipulations as a voluntary way topromote communications and procedures among counseland with the court to fairly resolve issues in their cases.

•Los Angeles County Bar Association Litigation Sectlofl•

• Los Angeles County Bar AssociationLabor and Employment Law Sectlon•

•Consumer Attorneys Association of Los Angeles•

•Southern California Defense Counsel•

•Associatlon of Business Trial LawyersO

•Calilornia Employment Lawyers Assoclatlon•

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IEM MTCEY Oft PMTY wnsr ATTOftI€YaTATE8M Ie*6ER

TELEPHONE NO.: FAX NO. (Opdond):I E-MAIL AOURESS (OØc’):ATTORNEY FOR (Name):

[SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES[OURThQUSE AORESS:

PIJdN11FF:

i—STIPULATION - DISCOVERY RESOLUTION

This stipulation Is Intended to provide a fast and informal resolution of discovery issuesthrough limited paperwork and an Informal conference with the Court to aid In theresolution of the Issues.

The parties agree that

1. Prior to the discovery cut-off in this action, no discovery motion shall be filed or heard unlessthe moving party first makes a written request for an Informal Discovery Conference pursuantto the temis of this stipulation.V

2. At the Informal Discovery Conference the Court will consider the dispute presented by partiesand determine whether it can be resolved informally. Nothing set forth herein will preclude aparty from making a record at the conclusion of an Informal Discovery Conference, eitherorally or in writing. V

3. FollowIng a reasonable and good faith attempt at an informal resolution of each issue to bepresented, a party may request an Informal Discovery Conference pursuant to the foflowingprocedures.

a. The party requesting the Informal Discovery Conference will:V

I. File a Request for Informal Discovery Coliference with the c1erks office on theapproved fomi (copy attached) and deliver a courtesy öonformed copy to theaseddepaV V

ii. Indude a brief summary of the dispute and specify the relief requested; and• IL Serve the opposing party pursuant to any authorized or agreed method of servicethat ensures that the opposing party receives the Request for Informal DiscoveryConference no later than the next court day following the filing.

b. My Answer to a Request for Informal Discovery Conference mustI. Also be filed on the approved farm (copy attached);

IL Include a brief summary of why the requested relief should be denied;LFdIVO3LASC P4çIowed 04011FIai UI.

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STIPULATION - DISCOVERY RESOLUTIONP I I3

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iii. Be filed within two (2) court days of receipt of the Request; andiv. Be served on the opposing party pursuant to any authorized or agreed uponmethod of service that ensures that the opposing party receives the Answer nolater than the next court day following the filing.

c. No other pleadings, indtgling but not limited to exhibits, dedarations, or attachments, willbe accepted.

d. If the Court has not granted or denied the Request for Informal Discovery Conference =within, ten (10) days following the filing of the Request, then it shall be deemed to havebeen denied.. If the Court acts on the Request, the parties will be notified whether theRequest for lflformal Discovery Conference has been granted or denied and, if granted,the date and time of the Informal Discovery Conference which must be within twenty (20)days of the filing of the Request for Informal Discovery Conference.e. If the conference Is not held Within twenty (20) days of the filing of the Request forInformal Discovery Conference, unless extended by agreement of the parties and theCowl, then the Request for the Infomial Discovery Conference shall be.deemed to havebeen dènisd at that time.

4. If (a) the Court has denied a conference or (b) one of the time deadlines above has expiredwithout the Court having acted or (c) the Informal Discovery Conference is conduded withoutresolving the dispute, then a party may file a discovery motion to address unresolved issues.5. The parties hereby further agree that the time for making a motion to compel or otherdiscovery •fl)fl IS tolled from the data of filing of the Request for Informal DiscoveryConference untli (a) the request is denied or deemed denied or (b) twenty (20) days after theIding of the Request for Informal Discovery Conference, whichever is earlier, unless extendedbyOrderoftheCourt

It I. the understanding and intent of the pasties that this stipulation shall, for each discoverydispute to which It applies, constitute a writing memorializing a ‘speciftc later date to whichthe p opounding [or demanding or requestIng pasty and the responding pasty have agreed In.wdling, within the meaning of Code CMI Procedure sections 2030300(c), 2031.30(c), and2033.290(c).

6. NothIng herein wil preclude any party from applying ax paite for appropriate relief, indudingan order Shortering time for a motion to be heard concerning discovery.7. Any party may terminate this stipulation by gMng twenty-one (21) days notice of Iqtent toteminate the sidation.

8. References to “days mean calendar days, unless otherwise noted. If the date for performingany act pursuant to this stipulation falls on a Saturday, Sunday or Court holiday, then the timefor performing that act Shall be exte ded to the next Court day.

• LAsc 04111 STIPULATION - DISCOVERYFcrandUi

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1ELEPHONE NO.: FAX NO. (Opdon):EMAN. ADDRESS (Oplon):ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESJRTHOUSE ADORESS:

P4MNTIFF:

DEFENDANT:

STIPULATION - EARLY ORGANIZATIONAL MEETING

This stipulation Is Intended to encourage cooperation among the parties at an early stage Inthe litigation and to assist the parties In efficient case resolution.The parties agree that

1. The parties commit to conduct, an Initial conference (in-person or via teleconference or viavideoconference) wIthin 15 days from the date this stipulation is signed, to dlsáuss and considerwhether there can be agreement on the following:

a. Are mOtions to challenge the pleadings necessary? It the Issue can be resolved byamendment as of right, or if the Court would allow leave to amend, could an amendedcomplaint resolve most or all of the issues a demurrer might otherwise raise? If so, the partiesagree t work through pleading lsues so that a demurrer need only raise Issues they cannotresolve. Is Ih issue that the defendant seeks to raise amenable to resolution on demurrer, orwould some Other type of motion be preferable? Could a voluntary targeted exchange ofdocuments or Information by any party cure an uncertainty In the pleadings?b. . Initial mutual exchanges of documents at the score” of the litigation. (For example, In anemployment case, the oyment records, personnel file and documents relating to theconduct In question could be considered core. In a personal injury case, an Incident orpolice report, medical records, and repair or maintenance records could be considered‘core.;

c. Exchange of names and contact Information of witnesses;d. Any Insurance agreement that may be available to satisfy part or all of a judgment, or toindemnify or reimburse for payments made to satisfy a judgmente. Exchange of any other information that might be helphi to facilitate understanding, handing,or resolution of the case In a manner that preserves objections or privileges by agreementf. Controlling. issues of law that, if resolved early, will promote efficiency and economy In other• phases of tie case. Also, when and how such Issues can be presented to the Court;g. ‘Miether or when the case should be scheduled with a settlement officer, what discovery orcourt ruling on legal issues Is reasonably required to make settlement discussions meaningful,and Whether the parties wish to use a silting judge or a private mediator or other options as

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discussed in the “Alternative Dispute Resolution (ADR) Information Package” served with thecomplaint;

h. Computation of damages, Induding documents, not privileged or protected from dlsdosure, onwhich such computation is based;

i. Whether the case is suitable for the Expedited Jury Trial procedures (see information atrwwjasu,,eliorcourLom under “Civil’ and then under “General Information”).2. The time for a defending party to respond to a complaint or cross-complaint will be extendedto for the complaint, and for Itie crossON8ERT1)

complaint, which Is comprised of the 30 days to respond under Government Code §66616(b),and the 30 days permitted by Code of Civil Procedure section 1054(a), good cause havingbeen found by the Civil Superi4skig Judge due to the case management benefits provided bythis Stipulation. A copy of the General Order can be found at wtw.lasuDeAorcourLom underCIvIr, dick on General lnforn,alion”, then click on Voluntaiy Efficient Utigatlon St4iulatlons”.3. The parties will prepare a joln report titled ‘Joint Status Report Pursuant to Initial Conferenceand Early Organizational Meeting Stipulation, and If desired, a proposed order summarizingmeijfts of their meet and confer and advising the Court of any way it may assist the parties’effldent conduct or resdufton of the case. The parties shall attach the Joint Status Report tothe Ca8e Management Conference statement, and file the documentS when the CMCstatement Is due.

4. ReferenceS to “days” mean calendar days, unless othewlse noted. If the date for performingany ad pursuant to this stIpulation falls on a Saturday, Sunday or Court holiday, then the timefor performing that act shall be extended to the next Court dayThe following parties stipulate:

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TELEPHONE NO.: FAX NO. (Opdoa):E-MAIL ADDRESS (Op*on):ATTORNEY FOR (Ni1e).

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESOURThOUSE ADDRESS:

CAMGSTIPULATION AND ORDER — MOTIONS IN UMINE

This stipulation Is Intended to providO fast and Informal resolution of evidentlaryissues through diligent efforts to define and discuss such issues and limit paperwork.

The parties agree thatV

1. At least

____

days before the final Status conference, each party will provide all otherparties with a list containing a one paragraph explanation of each proposed motion inUmine; Each one paragraph explanation must identify the substance of a single proposedmotion In mime and the grounds for the proposed motion.2. The parties thereafter wil meet and confer, either in person or via teleconference orvideoconference, concerning all proposed motions in limine. In that meet and confer, theparties will determine:

a. VWiether the parties can stipulate to any of Ue proposed motiw. fl ti parties sostipulate, they may file a stipãiation and proposed.oider with the Courtb. Whether any of the proposed motions can be briefed and submitted by means of aV short joint statement of issues. For each motion which can be addressed by a shortjoint statement of issues, a short joint statement of issues must be filed with the Court10 days prior to the final status conference. Each side’s portion of the short jointstatement of issues may not exceed three pages. The parties will meet and confer toagree on a date and manner for exchanging the parties’ respective portions of theV

Vj statement of issues and the process for filing the short joint statement ofissues.V

3. Al proposed motions in limine that are not either the subject of a stipulation or briefed viaa short joint statement of issues will be briefed and ifled in accoi’dance with the CaliforniaRules of Court and the Los Angeles Superior Court Rules.

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SUM-100SUMMONS FOR COURT USE ONLY(SOLO PARA USO DE LA CORTE)(CITA CION JUDICIAL)

NOTICE TO DEFENDANT:(AVISO AL DEMANDADO):

AMERICAN APPAREL INC., a Delaware corporation COIFORN1N) UOI YAdditional Parties Attachment form is attached.YOU ARE BEING SUED BY PLAINTIFF:(LOESTADEMANDANDOELDEMANDANTE): AUG20 2015IRIS ALONZO, an individual, Shern R. Carter, Executive OfficerlClerkPlaintiff.

By: Moses Soto, DeputyNOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the informationbelow.

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 call 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.courtinfo.ca.gov/selfhelp), 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.lawhe!pcalifornia.org), the California Courts Online Self-Help Center(www.courtinfo.ca.gov/selfhelp), 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 court’s lien must be paid before the court will dismiss the case.1AVISO! Lo han demandado. Si no responde cientro de 30 dIas, Ia code puede decidir en su Contra STh escuchar su version. Lea Ia infonriaciOn acontinuacidn.

Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacidn y papeles legates para presentar una respuesta por escrito en estacorte y hacer que se entregue una copia al demandante. Una carta o una Ilamada telefOnica no /0 protegen. Su respuesta por escrito tiene que estaren form ato legal correcto Si desea que procesen su caso en Ia code. Es posible que haya un formularlo que usted pueda usar para su respuesta.Puede encontrar estos form u/ar/os de Ia code y más informaciOn en el Centro de Ayuda de las Codes de California (www.sucorte.ca.gov), en Iabiblioteca de leyes de su condado o en Ia code que le quede ms cerca. Si no puede pagar Ia cuota de presentaciOn, pida at secretario de Ia codeque le dé un form ulario de exencibn de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y Ia code lepodra quitar su sue/do, dinero y bienes sin más advedencia.Hay otros requisitos legates. Es recomendable que Ilame a un abogado inmediatamenfe. Si no conoce a un abogado, puede Ilamar a un servicio deremisiOn a abogados. Si no puede pagar a un abogado, es posibie que cumpla con los requisitos para obtener servicios legates gratuitas de unprograma de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Sen,ices,(www.lawhelpcalifornia.org), en el Centro de Ayuda de las Codes de California, (www.sucorte.ca.gov) o poniéndose en contacto con Ia code o elco!egio de abogados locales. A V/SO: Por fey, ía code tiene derecho a rectamar las cuotas ylos costos exentos por imponer un gravamen sobrecualquierrecuperaciOn de $10,000 0 más de valor recibida med/ante un acuerdo o una concesiOn de arbifraje en un caso de derecho civil. Tiene quepagar el gravamen de Is code antes de que Ia code pueda desechar el caso.

The name and address of the court is: CASE NUMBER:(El nombre y dirección do Ia corte es): Los Angeles Superior Court (Ntimero del Caso). BC 5 92 1 o111 North Hill StreetLos Angeles, California 90012

The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:(El nombre, Ia direcciOfl ye! nUmero do telbfono del abogado del demandante, 0 del demandante quo no tiene abogado, es):Jennifer H. Yeung, SBN 280819, Fink & Steinberg, 11500 Olympic Blvd., Ste. 316, Los Angeles, CA 90064DATE: SiIERRLC Clerk, by M.SOto ,Deputy(Fecha) (Secretarlo)

_____________________________________

(Adjunto)(For proof of service of this summons, use Proof of Service of Summons (form POS-OlO).)(Pars prueba de entrega de esta citatiOn LI.se el formulario Proof of Service of Summons, (POS-01Q)).NOTICE TO THE PERSON SERVED: You are served[SEAL]1. as an individual defendant.2. as the person sued under the fictitious name of (specify):

3. on behalf of (specify):

under: CCP 416,10 (corporation) CCP 416.60 (minor)CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)CCP 416.40 (association or partnership) CCP 416.90 (authorized person)other (specify):

4. by personal delivery on (date):

Form Adopted for Mandatory UseSUMMONS Code of Civil Procedure § 41220.465

Judicial Council of California

wwwcOurfinfo.ca.govSUM-leO lRev. July 1.2009]

SUM-200(A)

roRT TITLE: CASE NUMBER:

jAlonzo 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 pan’y.):

Plaintiff 7J Defendant Cross-Complainant j 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.

Form Adopted for Mandatory UseJudicial Council of Cailfornia

SUM-200(A) [Rev. January 1, 2007[

ADDITIONAL PARTIES ATTACHMENTAttachment to Summons

Page 1 of 1

________

Page 1 of I

Documents

Iris Alonzo Bc592105