‘Superior Court of California, Santa Clara County 10/2/09 11:05 AM Register of Actions/Docket Nate: The Superior Cet of Califia, Couns of Sata Clara declares the information provided by and obtained fom hs. (we sceeaf ar) ened for soma case by ate as deal by parts of record an parcipns. an dct nt consi the ofl record of he ct tay wr oft retest ery ied ht being provided and tthe information maybe ject ctor or asin. The wer ackwtedes and arc ia he Speier Ca of Cabri, County of Santa Carats na ae or ‘he ery oe of the infomation odd Case Information Associated Cases Number: 1-09-CV-152551 Title: Y. Wang Vs The Tds Group Inc Category: Breach Of Contract/Warranty - Unlimited Filed: 9/18/2009 Disposed: None Status: Open Calendared Events Involved Parties __Type Name I Disposition : Plaintiff [Ya Hui Emily Wang [None ‘None ta | [Attorney: [Richard K. Abdalah oie ___|Abdalah Law Offices , 10455 Torre Avenue, Cupertino, Ca 95014 Defendant ‘The Tds Group Inc None [None L Involved Parties Calendared Events Documents Date | Time Event Description ___Result Notice Printed] Reset [Description| By [Date ‘To [From| [2/9/2010103:00PM|CV CMC-Case Management Conf [None INone|None|None [None!None. vol ies Documents ‘alendared Ever [_Number-Sequence | __Document Description |__ Filed | Ruling] Date [0003-000 {Cv Summons Filed 09/18/2009 [None [09/18/2009 | i \For: Ya Hui Emily Wang / PLT : |Against: The Tds Group Inc / DEF -000 [Cv Complaint Filed/Summs Issued [09/18/2009 [None [09/18/2009 _ For: Ya Hui Emily Wang / PLT. : ________|Against: The Tds Group Inc / DEF i: oe 1-000 [Cv Case Cover Sheet ~ [09/18/2009 [None [09/18/2009 For: Ya Hui Emily Wang / PLT = | |Against: The Ts Group Inc / DEF RETURN, apf sccaseino.org/ehi. him Page LoftABDALAH LAW OFFICES 'A PROFESSIONAL LAW CORPORATION Somer dsb eB oN Richard K. Abdalah, Esq. (#60380) Miriam H. Wen-Lebron, Esq. (#191429) Meghan E. Juhl, Esq. (#248750) ABDALAH LAW OFFICES ‘A Professional Law Corporation 10455 Torre Avenue Cupertino, CA 95014-3203 Telephone: (408) 252-5211 Facsimile: (408) 996-2004 Attorneys for Plaintiff YA HUI (EMILY) WANG SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA CASENP' 90152551 COMPLAINT FOR DAMAGES FOR: 1, BREACH OF CONTRACT} 2, BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING; 3. INTENTIONAL INTERFERENCE WITH ECONOMIC RELATIONSHIP; 4, INTENTIONAL INTERFERENCE WITH PROSPECTIVE BUSINESS RELATIONSHIP YA HUI (EMILY) WANG, Plaintiff, vs. THE TDS GROUP, INC., a California Corporation, as successor in all rights and interest to TAX DEFERRED SERVICES, INC., a California Corporation, and DOES | through 7 [AMOUNT DEMANDED EXCEEDS $25,000] 50, inclusive, Defendants, COMES NOW PLAINTIFF, YA HUI (EMILY) WANG, and submits the following Complaint against defendants, THE TDS GROUP, INC., a California Corporation, as successor in all rights and interest to TAX DEFERRED SERVICES, INC., a California Corporation, and DOES 1 through 50, inclusive, as follows: I. GENERAL ALLEGATIONS 1, Plaintiff, YA HUI (EMILY) WANG (“Plaintiff”), resided in Santa Clara County at all times mentioned herein except as indicated. 2. Defendant, THE TDS GROUP, INC., a California Corporation, as successor in all rights and interest to TAX DEFERRED SERVICES, INC., a California Corporation, (“Defendant” or| a ‘COMPLAINT FOR DAMAGESABDALAH LAW OFFICES "AFROFESSIONAL LAW CORPORATION 1015s TORRE AVENUE FACSIMILE. 108} 956-2008 Corauneoun 10 I 12 13 4 15 16 17 18 19 20 21 2 23 4 25 26 28 “TDS"), is a corporation organized and existing under the General Corporation Law of California, doing business in Santa Clara County and in many other of the 58 counties in California. Defendant is a third party plan administrator for public school districts and non-profit organizations. 4, Plaintiff does not know of the true names and capacities of defendants sued herein as, DOES 1 through 50, inclusive, and therefore sues said defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacities when ascertained, 5. Atall times herein mentioned, DOES 1 through 50 were the agents, servants and/or employees of their co-defendants, and in doing the things hereinafter alleged were acting in the course and scope of their authority as agents, servants and/or employees, with the permission and consent of their co-defendants, 6. In late September of 2004, Plaintiff filed a cross-complaint in Santa Clara County Superior Court entitled Ya Hui (Emily) Wang, Chun Dok (Chris) Wong, and Eric Lee v. Tax Deferred| Services, Inc., Individual Retirement Account Center and Insurance Services, Inc., and Randy Scianna, Case No. 104CV027974, In that cross-complaint, Plaintiff claimed Discrimination Based on Race and Sex, Fraud: False Promise, Interference with Prospective Economic Advantage, Wrongful Termination in Violation of Public Policy, Misrepresentations Regarding Business Opportunities, Breach of Implied Covenant of Good Faith and Fair Dealing, Infringement of Software Copyright, Intentional Infliction of Emotional Distress, Fraud During Hiring Process, Fraud: Non-disclosure, Constructive Discharge, Breach of Contract and Negligent Hiring or Supervision of Employees. 7. Prior to the lawsuit, Plaintiff was unaware that her prior employer, Individual Retirement Account Center and Services, Inc. (“IRAC"), had designated her a “Non- Commissionable Agent” (“NCA”), or the equivalent thereof, while she was employed by IRAC. Because she had been designated an NCA by IRAC, any commissions which she received after she 2 ‘COMPLAINT FOR DAMAGES