Paul R. Kiesel, Esq. (SBN 119854) Patrick DeBlase, Esq. (SBN 167138) Elaine Mandel, Esq. (SBN 162950) KIESEL BOUCHER LARSON LLP 8648 Wilshire Boulevard Beverly Hills, California 90211 Telephone: 310/854.4444 Facsimile: 310/854.0812 Neville Johnson, Esq. (SBN 66329) Douglas L. Johnson, Esq, (SBN 209216) JOHNSON & JOHNSON LLP 439 North Canon Drive, Suite 200 Beverly Hills, California 90210. Telephone: 310/975.1080 Facsimile: 310/975.1095 Attorneys for Plaintiffs NIKKI GREENBERG. and all those similarly situated SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT NIKKI GREENBERG, and all those similariyy CASE NUMBER: BC360152 situated, FIRST AMENDED CLASS ACTION Plaintiffs, COMPLAINT FOR DAMAGES ve 1. INVASION OF PRIVACY; 2 NEGLIGENCE; E-TRADE FINANCIAL CORPORATION, ) 3. VIOLATION OF COMMON LAW and DOES 1 through 50, inclusive, RIGHT OF PRIVACY; and 4 VIOLATION OF CALIFORNIA Defendants. i BUSINESS AND PROFESSIONS CODE, SECTION 17200 ET SEQ. Plaintiffs, NIKKI GREENBERG, an individual, for herself and on behalf of all others similarly situated, hereby alleges as follows: NATURE OF THE ACTION 1. Defendant E-Trade Financial Corporation provides consumers with a variety of financial services, including banking, lending, investing and trading services. Without informing consumers or obtaining their consent and permission to do so, defendant E- Trade Financial Corporation engaged in a practice of monitoring, recording, and/or eavesdropping on consumers’ telephone conversations with employees of defendant E- Trade Financial Corporation, 4 FIRST CLASS ACTION COMPLAINT FOR DAMAGESSS eo emvoananeon a 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. During the course of these conversations with employees of defendant E- Trade Financial Corporation, consumers disclosed the most sensitive of personal identifying and financial information. 3. Defendant E-Trade Financial Corporation's practice of monitoring, recording, and/or eavesdropping on consumers’ telephone conversations with employees of defendant E-Trade Financial Corporation violated plaintiffs’ common law right of privacy and California Penal Code Section 630, et seq., and is an unfair business practice in violation of California Business and Professions Code Section 17200, et seq. 4. Plaintiffs are members of a class whose telephone conversations with certain employees of defendant E-Trade Financial Corporation were, without the knowledge or consent of the plaintiffs, eavesdropped upon, bugged, wiretapped and/or recorded by defendant. 5. Plaintiffs bring this class action seeking all appropriate damages and remedies available to them. 6. _Alllallegations in this Complaint are based upon information and belief except for those allegations which pertain to the plaintiffs named herein and their counsel Plaintiffs’ information and belief are based upon inter alia, the investigation conducted to. date by plaintiffs and their counsel. Each allegation in this Complaint either has evidentiary support or is likely to upon further investigation and discovery. THE PARTIES 7. Plaintiff Nikki Greenberg is an individual and a resident of the County of Los Angeles, State of Califomia. Plaintiff Greenberg had telephonic communications with certain employees, officers, and/or directors of defendant. Plaintiffs are informed and believe and thereupon allege that each of these conversations was, without plaintiffs’ knowledge or consent, bugged, recorded, wire-tapped and/or eavesdropped upon by defendants and each of them, ail to plaintiffs’ harm and damage. 8. Plaintiffs are informed, believe and thereupon allege that defendant E-Trade Financial Corporation is a corporation organized under the laws of Delaware, legally -2- sare secant sam FIRST CLASS ACTION CONPLANNT FOR DAMAGESoperating and authorized to so legally operate and conduct business under the laws of the State of California. 9. Plaintiffs are informed, believe and thereupon allege that defendant E-Trade Financial Corporation has its principal place of business in Menlo Park, California. 10. Defendant E-Trade Financial Corporation provides a variety of financial services, including banking, lending, investing and trading services, to consumers. 11. Plaintiffs are informed, believe and thereupon allege that the acts of defendant E-Trade Financial Corporation, as herein alleged, were performed or occurred in the County of Los Angeles, at 9454 Wilshire Boulevard, Beverly Hills, California 90212. 12. _ Plaintiffs are further informed, believe and thereupon allege that additional calls have been bugged, recorded, wire-tapped and/or eavesdropped upon by defendants, and each of them, without plaintiffs’ consent from various other locations within the State of California, including, but not limited to, defendant E-Trade Financial's call center in Rancho Cordova and financial service center locations in Menlo Park, Costa Mesa, Monterey Park, San Francisco, Torrance, Palo Alto and La Jolla, all located within the State of California. 13. The true names and/or capacities, whether individual, corporate, associate or otherwise of defendants Does 1 through 50, inclusive, and each of them, are unknown to plaintiffs, who therefore sue said defendants by such fictitious names. Plaintiffs are informed and believe, and upon such information and belief hereby allege, that each of the defendants fictitiously named herein as DOE is legally responsible, negligently or in some other actionable manner, for the events and happenings hereinafter referred to and proximately caused the damages to plaintiffs as hereinafter alleged. Plaintiffs will seek eave of Court to amend this complaint to insert the true names and/or capacities of such fictitiously named defendants when the same have been ascertained. 14, Plaintiffs are informed and believe, and thereupon allege, that at all times mentioned herein, defendants, and each of them, including DOES 1 through 50, inclusive, and each of them, were the agents, servants, employees and/or joint venturers of their co defendants, and were, as such, acting within the course, scope and authority of said -3- FIRST CLASS ACTION COMPLAINT FOR DAMAGES