1. BreaCh of Contract   1. For waiting time penalties pursuant to Labor Code § 203;  m. For statutory penalties according to proof;  -17- 16. Plaintiffs, Bernadette Pauley and Thomas Clark are actors and comedians who  were hired to work on the television show Comedy.TV in approximately May and August of  2009. The show was produced by Comics Unleashed Productions, Inc. the a1ter-ego,  -5- 2. Failure to Indemnify Employees for  Necessary Expenditures   3. Failure to Provide Accurate Itemized  Statements to Employees   33. This action is appropriately suited for a Class Action because:  a. The potential class is a significant number. Plaintiffs are informed and  believe that the class includes at least 112 actors and comedians which  perfonned on the show Comedy.TV. Joinder of all putative class members  individually would be impractical.  b. This action involves common questions of law and fact to the potential  class because the action centers on contracts using a standardized language  entitling Plaintiffs and putative class members to residual payments.  -8- 34. Plaintiffs incorporate herein by specific reference as though fully set forth the  17  allegations in paragraphs I through 33.  18   35. Plaintiffs and class members entered into standardized union engagement contracts  19  with Defendants where Plaintiffs would work on the show Comedy.TV and in exchange  20  Defendants would, in addition to other things, pay Plaintiffs an upfront monetary cost and  21  22  provide each Plaintiff with a residual payment for each episode that subsequently aired.   36. Plaintiffs and putative class members did all or substantially all of the things that  were required of them under their contracts.  23   37. All conditions required by the contract for Defendants' performance had either  24  occurred or been excused.  2S   38. Despite repeated attempts on the part of Plaintiffs to inquire as to the status of  26  residual payments, Defendants have failed to properly pay Plaintiffs and putative class  27  members residual payments for subsequent airings as required under the contract. Moreover,  28  Defendants have acted in bad faith either misrepresenting to Plaintiffs the status of their  ·9·  4. FaDure to Pay All Wages Due  S. Unfair Business Practices   41. Plaintiffs incorporate herein by specific reference as though fully set forth the  16  allegations in paragraphs 1 through 40.  17   42. Labor Code § 2802(8) requires an employer to indemnify an employee for all  necessary expenditures or losses incurred by the employee in direct consequence of the  18  discharge of his or her duties. or of his or her obedience to the directions of the employer.  19   43. During the class period. Defendants have knowingly and willfully failed to  20  indemnify Plaintiffs and class members for all business expenses andlor losses incurred in  21  direct consequence of the discharge of their duties while working under the direction of  22  Defendants.   44. As a proximate result of Defendants' unlawful actions and omissions. Plaintiffs and  23  class members have been damaged in an amount according to proof at trial. and seek  24  reimbursement of all necessary expenditures. plus interest thereon pursuant to Labor Code §  2S  2802(b). Additionally. class members are entitled to all available statutory penalties and an  26  award of costs. expenses. and reasonable attorneys' fees, including those provided in Labor  27  Code § 2802(c). as well as all other available remedies.  45. Plaintiffs incorporate herein by specific reference as though fulJy set forth the  7  alJegations in paragraphs I through 44.  8   46. During the class period. as part of their illegal payroll policies and practices to  ,  deprive their non-exempt employees all wages earned and due. Defendants knowingly and  10  intentionally failed to provide their non-exempt employees with accurate wage statements as  required by Labor Code § 226.  11   47. As a proximate result of Defendants unlawful actions and omissions. Plaintiffs and  12  putative class members have been damaged in an amount according to proof at trial. and seek  13  all wages earned and due. plus interest thereon. Additionally. Plaintiffs and putative class  14  members are entitled to all available statutory penalties, including but not limited to civil  15  penalties pursuant to Labor Code §§ 226.3, and an award of costs, expenses, and reasonable  attorneys' fees, including those provided in Labor Code § 226(e}. as well as all other  16  17  18  l'  20  21  22  23  24  2S  available remedies.  48. Plaintiffs incorporate herein by specific reference as though fully set forth the  allegations in paragraphs 1 through 47.   49. Pursuant to California Labor Code §§ 201. 202, and 203. upon former employee  Plaintiffs' respective dates of discharge or quitting. Defendants were required to pay  26  Plaintiffs all earned wages. Pursuant to California § 202. Defendants were required to pay all  27  wages due to a quitting employee who did not provide 72-hour notice no later than 72 hours  28  -11- 53. Plaintiffs incorporate herein by specific reference as though fully set forth the  22  allegations in paragraphs 1 through S2.  23   54. By violating the foregoing statutes and regulations, breaching Plaintiffs' and  24  putative class members' contracts, and engaging in the aforementioned conduct, Defendants'  25  acts constitute unfair and unlawful business practices under California Business and  26  Professions Code §§ 17200, et seq.  27  28  -12- 57. Plaintiffs incorporate herein by specific reference as though fully set forth the  allegations in paragraphs 1 through 56.   58. Plaintiffs are informed an believe that Defendants CF Entertainment, Comics  12  Unleashed Productions, Entertainment Studios, and Byron Allen Folks have engaged in  13  pervasive, deceptive, and fraudulent practices of affirmatively misrepresenting including but  14  not limited to the number of episodes in existence for Comedy.TV and the number of times  15  each episode has aired, downloaded, played, re-played, andlor been distributed, in addition to  16 other facts, in an effort to reduce the amount of payments, including but not limited to  residual payments, owed to Plaintiffs and putative class members.  17   59. These misrepresentations were made by officers and/or directors or they were  18  authorized andlor ratified by officers andlor directors of Defendants.  19   6. Fraud aDd Intentional Deceit   60. Such misrepresentations were false and of a material nature.  20   61. Defendants made these misrepresentations with knowledge of their falsity or  21  recklessly and without regard for their truth, with the intent that Plaintiffs and putative class  22  members would rely on these misrepresentation.   62. Plaintiffs and putative class members reasonably relied on these misrepresentations  23  and their reliance was a substantial factor in causing Plaintiff and putative class members  24  harm.  2S   63. As a proximate cause of Defendants misrepresentations, Plaintiffs and putative  26  class members have suffered monetary damage, consequential damage, past lost profits,  27  future damage, lost wages, unreimbursed expenses, unpaid residual payments, and hann  -13- 64. Plaintiffs incorporate herein by specific reference as though fully set forth the  7  allegations in paragraphs 1 through 63.  8   65. Plaintiffs are informed an believe that Defendants CF Entertainment, Comics  9  Unleashed Productions, Entertainment Studios, and Byron Allen Folks intentionally failed to  10  disclose including but not limited to the number of episodes in existence for Comedy.TV and  the number of times each episode has aired, downloaded, played, replayed, andlor been  11  distributed, in addition to other facts which were concealed in an effort to reduce the amount  12  of payments, including but not limited to residual payments, owed to Plaintiffs and putative  13  class members.  14  15  16   66. These facts were known only to Defendants, and Plaintiffs and putative class  members could not have discovered them.   67. Plaintiffs and putative class members did not know of these concealed facts.   68. Defendants intended to deceive Plaintiffs and putative class members by  17  concealing these facts.  18  19  20  21   69. Such fraudulent concealments were made by officers andlor directors or they were  authorized andlor ratified by officers andlor directors of Defendants.   7. Fraud by Concealment   70. Plaintiffs and putative class members reasonably relied on Defendants' deception  and concealment and their reliance was a substantial factor in causing Plaintiff and putative  22  class members harm.  23   71. As a proximate cause of Defendants misrepresentations, Plaintiffs and putative  class members have suffered monetary damage, consequential damage, past lost profits,  24  future damage, lost wages, unreimbursed expenses. unpaid residual payments, and harm  25  subject to proof at trial. Plaintiffs and putative class members seek prejudgment interest,  26  punitive damages, and reasonable attorneys' fees.  27  II/  28  II/  -14- 72. Plaintiffs incorporate herein by specific reference as though fully set forth the  allegations in paragraphs 1 through 71.  6   73. Plaintiffs are informed an believe that Defendants CF Entertainment, Comics  7  Unleashed Productions. Entertainment Studios. and Byron Allen Folks have engaged in  8  9  pervasive. deceptive, and fraudulent practices of affinnatively misrepresenting including but  not limited to the number of episodes in existence for Comedy.TV and the number of times  each episode has aired. downloaded, played, re-played. anellor been distributed, in addition to  10  11  12  13  14  15  16  17  other facts, in an effort to reduce the amount of payments, including but not limited to  residual payments. owed to Plaintiffs and putative class members.   74. These misrepresentations were made by officers and/or directors or they were  authorized anellor ratified by officers and/or directors of Defendants.   75. Such misrepresentations were false and of a material nature.   76. Although Defendants may have known or honestly believed that such  representations were true. Defendants had no reasonable grounds for believing such  representations were true when they were made.  77 • Defendants made these misrepresentations with the intent that Plaintiffs and  18  putative class members would rely on these misrepresentations.  19  20  21  22  23   78. Plaintiffs and putative class members reasonably relied on these misrepresentations  and their reliance was a substantial factor in causing Plaintiffs and putative class members  hann.   79. As a proximate cause of Defendants misrepresentations, Plaintiffs and putative  class members have suffered monetary damage. consequential damage. past lost profits,  future damage, lost wages, unreimbursed expenses, unpaid residual payments, and bann  24  subject to proof at trial. Plaintiffs and putative class members seek prejudgment interest,  2S  punitive damages, and reasonable attorneys' fees.  26  III  27  III  28  III  -15- 8. Negligent Misrepresentation   80. Plaintiffs incorporate herein by specific reference as though fully set forth the  allegations in paragraphs 1 through 79.   81. AFTRA owed Plaintiff's and putative class members a duty offair representation.   82. AFI'RA breached its duty to fairly represent Plaintiffs and putative class members  7  by arbitrarily andlor in bad faith ignoring a meritorious grievance or processing it in a  8  perfunctory fashion. Plaintiffs and putative class members informed AFTRA of their  9 meritorious grievance. Acting arbitrarily andlor in bad faith AFTRA failed to process the  grievance in a timely manner, thereby allowing portions of the time limit mandated by the  10  applicable collective bargaining agreement to expire and ultimately prejudicing Plaintiffs and  11  putative class members.   83. As a result of AFTRA's breach, Plaintiffs and putative class members have  13  suffered harm in the form of monetary damages, compensatory damages, past lost profits,  14  future damages, unpaid wages, unreimbursed expenses, unpaid residual payments, and harm  15  subject to proof at trial. Plaintiffs and putative class members seek prejudgment interest,  16  punitive damages, and reasonable attorneys' fees.  17  18  19  20  11  11  REPRESENTATrvEACTlON  84. Plaintiffs incorporate herein by specific reference as though fully set forth the  allegations in paragrapbs 1 through 84 with exception to the allegations concerning class  23  action designation, paragraph 33 (A-D).   85. Pursuant to California Labor Code sections 2698-2699.5, Plaintiffs are entitled to  15  collect civil penalties from Defendants in a representative action for the California Labor  16  Code violations set forth above. Plaintiffs are aggrieved employees and seek to collect civil  27  penalties on behalf of the State of California for Defendants violations of California Labor  28  Code including, but not limited to, sections 201, 202, 203, 221,226.226.7,227.3,512,558,  -16- 86. Plaintiffs have given written notice by certified mail to the Labor and Workforce  Development Agency of the specific Labor Code provisions alleged to have been violated.  4  including the facts and theories to support the alleged violations.  5   87. Plaintiffs have complied with the requirements set forth in California Labor Code  6  section 2699.3.  7  8  WHEREFORE. Plaintiffs. on behalf of themselves and all others similarly situated.  9  respectfully pray for relief against Defendants as follows:  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  a. For certification of the action as a class action on behalf of the proposed class and  subclasses;  b. For an order appointing Plaintiffs as class and subclass representatives. and Plaintiffs'  counsel as counsel for the class and subclasses;  c. For compensatory damages;  d. For consequential damages, past lost profits, and future lost profits;  e. For punitive damages;  f. For preliminary and permanent injunction enjoining Defendant AFrRA from failing  to process grievances in a timely manner and to release all sums due to class members  held by AFI'RA;  g. For unpaid wages. residuals payments. and damages stemming from AFI'RA's failure  to process Plaintiffs and putative class members' grievances in a timely manner.  h. For back wages. reimbursement, andlor restitution of all monies due to Plaintiffs and  disgorged profits from the unlawful business practices of Defendants;  i. For actual and statutory damages andlor penalties pursuant to Labor Code § 226(e);  j. For all penalties authorized under Labor Code § 2699;  k. For a preliminary and permanent injunction enjoining Defendants from violating the  relevant provisions of the Labor Code and common law causes of action. and  requiring Defendants to cease and desist from engaging in the unlawful acts and  unlawful business practices complained of herein;   9. Breach of Duty of Fair  Representation  BERNADE1TE PAULEY, an individual,  12  THOMAS CLARK, an individual, on  behalf of themselves and all others  13  similarly situated,  14  15  16  Plaintiffs,  vs.  17  CF ENTERTAINMENT. a California  corporation; COMICS UNLEASHED  18  PRODUCTIONS. INC .• a California  19  corporation; ENTERTAINMENT  STUDIOS, INC., a California  20  corporation; BYRON ALLEN FOLKS.  an individual; SCREEN ACTORS  21  GUn..D - AMERICAN FEDERATION  22  Breach of Contract  (Plaintiffs and Oass Members against CF Entertainment, Comics Unleashed  Productions, Entertainment Studios, IDe., Byron Allen Folks, and Does 2 through 100)   Breach of Duty of Fair Representation/FaDure to Adequately Represent  (Plaintiffs and Class Members against AFI'RA, and Does 2 througb 100)   By electronic service (via electronic filing service provider) - electronically transmitting  7  the documents listed above to Case Anywhere, an electronic filing service provider, at  8 www.caseanywhere.com pursuant to the Court's Order Authorizing Electronic in the matter of  Bernadette Pauley v. CF Entertainment, et al., LASC Case No. BC498061 mandating electronic  9 service. The transmission(s) was reported as complete and without error to the addresses as  10  11  12  13  14  15  16  17  stated on the attached service list  .  Ivy Kagan Biennan, Esq.  Email: ibiennan@Joeb.com  Ramon Ramirez, Esq.  Email: rramirez@loeb.com  DATE: 09/24/13  DEFf.  310  FaDure to Indemnify Employees for Necessary Expenditures  [Cal. Labor Code § 2802]  (plaintiffs and Class Members against CF Entertainment, Comics Unleashed  Productions, Entertainment Studios, InC., Byron AUen Folks, and Does 2 througb 100)  15   FaHure to Provide Accurate Itemized Statements to Employees  [Cal. Labor Code §§ 226; and 226.3)  (plaintiffs and Class Members against CF Entertainment, Comics Unleashed  Productions, Entertainment Studios, Inc., Byron Allen Folks, and Does 2 through  100)  6   Fallure to Pay AU Wages Due  [Cal. Labor Code §§ 201, 202, 203]  (plaintiffs and Class Members against CF Entertainment, Comics Unleashed  Productions, Entertainment Studios, InC., Byron AUen Folks, and Does 2 through  100)   Fraud by Concealment  (plaintiffs and Class Members against CF Entertainment, Comics Unleashed  Productions, Entertainment Studios, Inc., Byron Allen Folks, and Does 2 through 100)  6   Fraud and Intendonal Deceit  (plaintiffs and Oass Members against CF Entertainment, Comics Unleashed  Productions, Entertainment Studios, Inc., Byron Allen Folks, and Does 2 through 100)   Negligent Misrepresentation  (plaintiffs and Class Members against CF Entertainment, Comics Unleashed  Productions, Entertainment Studios, Inc., Byron Allen Folks, and Does 2 through 100)   Representative Action for Civil Penalties  (California Labor Code §§ 2698·2699.5)  (plaintiffs and Aggrieved Employees against CF Entertainment, Comics Unleashed  Productions, Entertainment Studios, Inc., Byron Allen Folks, and Does 1 through 100)   Unfair Business Practices  [California Business and Professions Code §t 17200·17208)  (plaintitTs and Class Members against all Defendants, and Does 2 through 100)  18  19  20  21  