FIRST CAUSE OF ACTION. Relief Against AIG)
FIRST CAUSE OF ACTION. Fair Labor Standards Act: Unpaid Overtime Wages Brought by Plaintiff Individually and on Behalf of the Collective
FIRST CAUSE OF ACTION. Unlawful Business Practices
FIRST CAUSE OF ACTION. (Violation of the Trust Indenture Act of 1939, 53 Stat. 1171)
FIRST CAUSE OF ACTION. 1' Each and every allegation in Paragraphs I through IV, inclusive, above are 18 incorporated by this reference as if fully set forth herein.
FIRST CAUSE OF ACTION. 10 (Breach of Contract)
FIRST CAUSE OF ACTION. 10 (By Plaintiffs, Individually and on behalf of the Class, Against ACA for Violations of the 11 Xxxx-Xxxxxxxx Act)
12 23. Plaintiffs reallege and incorporate herein by reference the allegations of all 13 paragraphs above.
14 24. The conditional sale contracts entered into by plaintiffs and the Class are subject to 15 and governed by the provisions of the Xxxx-Xxxxxxxx Act. At all times relevant, ACA was a 16 “seller” or “holder” of the contracts, as those terms are used in the statute.
17 25. ACA violated the Xxxx-Xxxxxxxx Act in that the Statutory Notice provided to 18 plaintiffs and other Class members, ostensibly pursuant to Civil Code § 2983.2, did not contain the 19 disclosures and information required by Civil Code § 2983.2(a). ACA thus deprived plaintiffs and 20 other Class members of substantial rights granted to them under the Xxxx-Xxxxxxxx Act, including 21 the right to make an informed decision about whether to reinstate their contract or redeem their 22 vehicle. Plaintiffs and other Class members are not liable under the explicit terms of Civil Code 23 §§ 2983.2(a) and 2983.8 for any deficiency following the disposition of their repossessed motor 24 vehicle. Nevertheless, without any legal right to do so, ACA has demanded that plaintiffs and 25 other Class members owe them a deficiency balance, as alleged herein.
26 26. As a direct and proximate result of ACA’s violations of the Xxxx-Xxxxxxxx Act, 27 plaintiffs and other Class members have suffered damages in an amount to be proven at trial. 28
1 27. Plaintiffs and the Class are entitled to a declaration that they do not owe any 2 deficiency balances on their accounts, due to ACA’s defective Statutory Notices and violations of 3 the Xxxx-Xxxxxxxx Act.
4 28. Plaintiffs seek recovery of their attorney’s fees, costs and expenses incurred in the 5 investigation, filing and prosecution of this action.
FIRST CAUSE OF ACTION. 10 FAILURE TO PAY ALL OVERTIME WAGES 11 (AGAINST ALL DEFENDANTS)
12 27. Plaintiff re-alleges and incorporates by reference all previous paragraphs.
13 28. This cause of action is brought pursuant to Labor Code §§ 204, 510, 558, 1194 and 14 1198 which provide that all non-exempt employees are entitled to all overtime wages for all 15 overtime worked (hours in excess of 8 in one day and/or 40 in one week), and provide a private 16 right of action for the failure to pay all overtime compensation for overtime work performed.
17 29. At all times relevant herein, Defendants were required to properly compensate 18 Plaintiff and the members of the Overtime Class for all overtime hours worked pursuant to 19 California Labor Code §§ 510 and 1194, and Wage Order 1. Labor Code § 510 and Wage Order
20 1, Section 3 require an employer to pay an employee “one and one-half (1½) times the regular 21 rate of pay” for work in excess of 8 hours per workday and/or in excess of 40 hours per workweek. 22 Labor Code § 510 and Wage Order 1, Section 3 also require an employer to pay an employee 23 double the employee’s regular rate for work in excess of 12 hours each workday and/or in excess 24 of 8 hours on the seventh consecutive day of work in the workweek. Defendants caused Plaintiff 25 and the members of the Overtime Class to work in excess of 8 hours in a workday and/or 40 hours 26 in a workweek but did not properly compensate Plaintiff and the members of the Overtime Class 27 at one and one-half their regular rate of pay for such hours. Defendants also caused Plaintiff and 28 the members of the Overtime Class to work in excess of 12 hours in a workday but did not 1 properly compensate Plaintiff and the members of the Overtime Class at double their regular rate 2 of pay for such hours.
3 30. The foregoing practices and policies are unlawful and create entitlement to 4 recovery by Plaintiff and the members of the Overtime Class in a civil action for the unpaid 5 amount of overtime premium owing, including interest thereon, as well as statutory penalties, 6 civil penalties, and attorneys’ fees and costs of suit, pursuant to Labor Code §§ 204, 218.5, 218.6,
FIRST CAUSE OF ACTION. 18 FAILURE TO PAY ALL MINIMUM WAGES OWED 19 (BY PLAINTIFF XXXXXXX AGAINST ALL DEFENDANTS)
20 32. Plaintiff Xxxxxxx re-alleges and incorporates by reference all previous paragraphs.
21 33. This cause of action is brought pursuant to Labor Code §§ 1182.12, 1194 and 1197, 22 which provide that all non-exempt employees are entitled to all minimum wages for all hours 23 worked, and provide a private right of action for the failure to pay all minimum wage 24 compensation for all work performed.
25 34. At all times relevant herein, Defendants were required to properly compensate 26 Plaintiff Xxxxxxx and the members of the Minimum Wage Class for all hours worked pursuant to 27 California Labor Code §§ 1182.12, 1194, and 1197, and Wage Order 4. Wage Order 4, Section
FIRST CAUSE OF ACTION. 22 (Breach Of Contract) 23 135. u-blox re-alleges and incorporates by reference the allegations set forth 24 in the foregoing paragraphs. 25 136. InterDigital entered into contractual commitments with ETSI, 3GPP 26 and their respective members, participants, and implementers relating to the 2G, 3G, 27 and 4G standards. As a member of ETSI and to comply with XXXX’s IPR Policy, 28 InterDigital made a binding commitment to ETSI, ETSI members, and third party 1 implementers to grant irrevocable licenses to InterDigital’s SEPs on FRAND terms 2 and conditions.
