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Patrick DeBIase (SBN 167138) Michael Eyerly (SBN 178693)

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10990 Wilshire Blvd., Suite 1060 Los Angeles, CA 90024 Telephone: (310) 575-9955 Facsimile: (310) 575-9919

DEBLASE BROWN EYERLY LLP


APR 052012

Oren S. Giskan (Pro Hac Pending) Catherine E. Anderson (Pro Hac Pending) David Fiege (Pro Hac Pending) 11 Broadway, Suite 2150 New York, NY 10004 Telephone: (212) 847-8315 Facsimile: (646) 520-3237
GISKAN SOLOT AROFF ANDERSON & STEWART, LLP

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Attorneys for Plaintiff and the Class

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SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

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PATRICIA ALLEN, individually and on . behalf of all those similarly situated, Plaintiff, v. VERIZON COMMUNICATIONS INC., and DOES 1-100, Defendan -ts,

. CASE NO,

8C482385

CLASS ACTION COMPLAINT FOR:

BY FAX

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1. BREACH OF CONTRACT
2,·VIOLATIONS OF BUS. & PROF. CODE § 17200 - UNLA WFU L BUSINESS PRACTICES 3. VIOLATIONS OF BUS. & PROF. CODE § 17200 - UN.FAIR BUSINESS
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PRACTICES

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4. VIOLATIONS OF ~lJ§'t~~~JtQF.~ ~ ..:, CODE § 17200 -- FRAUDUEIi'NT .-;:-; BUSINESS PRACTICt$ .. :;: :;g 0 2
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2 3
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INTRODUCTION


on bchal f of consumers

1.

Plaintiff Patricia Allen ("Plaintiff')

individually and on behalf of the proposed

class defined below brings this action for damages, restitution and injunctive relief against Defendant Verizon Communications Inc. ("Verizon" or "Defendant")

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who purchased the Verizon DSL Internet service advertised to perform at a rate of 1.5Mb per second ("DSL service"), alleging breach of contract and violations of the consumer protection laws of the State ofCalifomia.

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10 11 12 13 14 15
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2.

Verizon provides, markets, advertises, promotes, distributes and knowingly

continues to.sell DSL service despite known technical problems with the service that make it impossible for the service to perform at the rate of 1.5Mb per second when delivered to consumers located more than a certain distance known to Verizon from a Vcrizon central offiee. Instead, where a consumer is located remotely from a Verizon central office, the DSL service can only be consistently provided at a much slower rate of approximately second.
3.

768Kb per

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As alleged below, Verizon has made material misrepresentations in the marketing, advertising; and sale of the DSL service,

and concealed

material information 4.

Verizon markets, advertises and represents to consumers that its DSL service

performs at a rate of 1.5Mb per second. 5. Verizon concealed material facts regarding its DSL service, including the fact that,

due to known technical limitations, Verizon cannot deliver the DSL service at the advertised rate of 1.5Mb per second to consumers in locations exceeding a certain distance known to Verizon from a Verizon central office and that, in such remote locations, Vcrizon's DSL service will perform only at a slower rate of approximately 768 Kb per second,

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6.

Despite Verizon' s knowledge at all relevant times of the technical limitations

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CLASS ACTION COMPLAINT

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making it impossible for Verizon to deliver the DSL service at the advertised and promised rate 2 3
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of 1.5Mb per second to locations greater than a certain distance known to Vcrizon from the Verizon central offices, Verizon has failed and refused to warn consumers accordingly and also

has failed to provide consumers who are remotely located from the Verizon central offices with

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a refund.
.JUlUSDICTION AND VENUE over HerbThyme because it is a corporation avails itself of

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7.

The Court has personal jurisdiction

that has sufficient minimum contacts with California or otherwise intentionally the California market through regularly conducting

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business, marketing and selling its products

in California and/or by having such other contacts with California so as to render the exercise of jurisdiction over it by the California courts consistent with notions of fair play and

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substantial justice,

8.

Venue is proper in Los Angeles County, California pursuant to Section 395(b) of

the California Code of Civil Procedure because Verizon transacts business, maintains offices, or is otherwise found within this District; and Defendant's Plaintiffs unlawful acts giving rise to

claims occurred, and a substantial portion of the affected trade and commerce

described below has been carried out, in Los Angeles County:

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THE PARTIES
9. Plaintiff Patricia Allen is an adult residing in Santa Monica Califomia. In March

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of 20 11, Plaintiff had Verizon Internet service which performed at a rate of approximately 768Kb per second and paid approximately Vcrizon. $23.99 per month for this Internet service from
an

In or around March 2011, Verizon sold Plaintiff

upgrade to the DSL service.

At

all relevant times, Verizon knew or reasonably should have known that based on Plaintiff's location she would not be able to receive the DSL service at the represented
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rate of 1.5Mb per

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CLASS ACTION COMPLAINT

second. Plaintiff paid approximately 2 3 4 5 6 7 8 9

$34.99 per month for the DSL service from Verizon,

Plaintiff realized that her DSL service was not performing at a rate faster than her previous Internet service, and in or around March 2012, Plaintiff contacted Verizon concerning this problem. Verizon technical support informed Plaintiff that because she was approximately

11,000 feet, or 2.083 miles, from the Verizon central office, the DSL service could not perform at a rate of 1.5 Mb per second. In other words, she was too remote from the Veri zan central Verizon technical support Verizon

office to receive the DSL service at a rate of 1.5 Mb per second. explained to Plaintiff that this was caused by a technological

limitation on the syslem.

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technical support at so explained that because Verizon was attempting to push the 1 .5 Mb service through a line that would not support it, this would cause a number of interference interruptions and other problems. Verizon technical support recommended that Plaintiff

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downgrade the service because the line on which she was being serviced could only accept rates of up to approximately 76&Kb per second. Plaintiff requested a refund from Verizon for

the DSL service for which she had paid but did not receive, but Verizon refused to provide a
refund. Plaintiff has downgraded 10. her service. telecommunications and Internet service at 140 Water

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19 Verizon is a publicly traded, diversified in Delaware. provider incorporated Verizon maintains its corporate headquarters

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Street, New York, New York 10007. 11. Defendants, The true names and capacities, whether individuals, corporate, or otherwise of

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sued herein as DOES 1 through 100, inclusive, are unknown to Plaintiff at this by such fictitious names and capacities. Plaintiff will .

time, who therefore sues said Defendants

seek leave to amend this Complaint to include said Defendants' been ascertained.

true names when they have and belief or in

Plaintiff is informed and believes, and upon such information

hereby alleges, that each of the Defendants some other manner liable or responsible

sued herein as a DOE Defendant is negligent alleged in this

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for the events and happenings

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CLASS ACTION COMPLAINT

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Complaint and by their conduct directly and proximately

caused Plaintiff and the Class to

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sustain the injuries and damages alleged herein. 12. At all relevant times, each of the' Defendants, including Does 1 through 100, inclusive,

was the agent, servant, employee, co-conspirator

andlor joint venturer of each of the other

6 Defendants.
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In doing the things herein alleged, each and every Defendant was acting within the conspiracy, andlor joint venture, and was acting of each of the other Defendants. All actions of

course and scope of this agency, employment, with the consent, permission and authorization

cach Defendant, as alleged in the causes of action stated herein, were ratified, approved andlor

10 authorized by every other Defendant with full knowledge of such acts. Defendants are thus i1 . ointly and severally liable for such actions. 12 13. The term "Defendants," as used herein, shall mean the Defendant named in

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paragraph 6 and all Defendant Does 1 through 100. CLASS ACTION ALLEGA TIONS

t 4.

Plaintiff brings this action on behalf of herself, and, pursuant to California Code of

Civil Procedure § 382 on behalf ofthe following cLass: All persons and entities in California who are located more than a certain distance known to Verizon from a Verizon central office and who purchased the Verizonl.5 Mh per second DSL service.
15.

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Plaintiff does not know the exact number of class members because such is in the exclusive control of Defendant. However, upon information and belief,

information

class members are sufficiently

numerous (as of December 3 L, 2011, Verizon had 92.2 million dispersed throughout California that joinder of all class as to the identity of the class members can be

retail customers) and geographically members is impracticable.

The information

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CLASS ACTION COMPLAINT

readily determined from records maintained by Defendant and its agents and by publication 2
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notice. 16. Plaintiff's claims are typical of and not antagonistic to the claims of the other class

members and, by prosecuting her claims, Plaintiff will also advance the claims of all members

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of the class who were damaged by the same wrongful conduct of Verizon.
relief sought is common to the class.
17.

Furthermore, the

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. The common legal and factual questions which do not vary between class

members and which may be determined without reference to circumstances class member include, but are not limited to, the following: a. whether Verizon's

of any individual

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DSL service is incapable ofperfonning

at a rate of 1.5Mb per

second when delivered to locations at a certain geographical distance from a Verizon central office; b. whether Verizon's DSL service suffers from a technical failure which prevents it

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from performing at a rate of 1.5 MB per second when delivered to locations at a certain geographical c. d.
constitute

distance from a Verizon central office; whether Verizon engaged in unfair, unlawful and/or fraudulent business practices; whether Verizori's use of advertising, point-of-sale, and other representations .

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unfair competition

and unfair, deceptive, untrue or misleading advertising; concerning the performance of its DSL service

e. at

whether Verizon' s representations

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1.5 Mb per second are material to a reasonable

consumer;

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f.

whether Vcrizon failed to disclose material facts about its DSL service, including,

but not limited to, its inability to perform at a rate of 1.5Mb per second at a certain known distance from a Verizon central office; and

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CLASS ACTION COMPLAINT

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g. 2 3
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whether class members arc entitled to monetary recovery including punitive

damages, restitution, and injunctive relief, and the proper measure, nature and extent of such relief. 18. Thesecomrnon questions and others predominate over questions,if any, that

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affect only individual class members. 19. Plaintiff and her counsel will fairly and adequately represent the interests of the

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class because Plaintiff is a typical purchaser of the Verizon DSL service. There is no material conflict with any other member of the class that would render certification inappropriate. . Plaintiff has retained attorneys experienced in the prosecution of class actions, including complex cases and consumer actions, and Plaintiff intends to prosecute this action vigorously. 20. A class action is superior to other available methods for the fair and efficient

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adjudication of this controversy because individual litigation of the claims of all class members

15 .. is impracticable. Even if every class member could afford to bring individual claims, the court 16
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system could not: It would be unduly burdensome on the courts if individual litigation of numerous cases would proceed. By contrast, the conduct of this action as.a class action, with respectto some or all of the issues presented in this Complaint, presents fewer management difficulties, conserves the resources of the Parties and of the court system, and protects the rights of each class member. 21. Prosecution of separate actions by individual class members would create the risk

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of inconsistent or varying adjudications, establishing incompatible standards of conduct for Defendant, and would magnify the delay and expense to the Parties and to the court system resulting from multiple trials of the same complex factual issues. 22. Injunctive relief is appropriate as to the class as a whole because Defendant has

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acted or refused to act on grounds generally applicable to the class. 7 CLASS ACTION COMPLAINT

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Whatever difficulties may exist in the management

of the class action will be

greatly outweighed by the benefits of the class action procedure, including, but not limited to, providing class members with a method for the redress of claims that may not otherwise warrant individual litigation. FACTUAL ALLEGATIONS

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24.
manufactured,

At all times relevant and material hereto, Defendant Verizon designed, tested, labeled, packaged, distributed, supplied, marketed, advertised, sold, and

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otherwise distributed into interstate commerce the DSL service at issue in this complaint. 25. Verizon marketed, promoted, advertised, and otherwise represented to consumers

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that its DSL service would perform at a rate of 1.5Mb per second. 26. Contrary to these representations, Verizon has failed to deliver to Plaintiff and

class members its DSL service at a rate of 1.5Mb per second. Rather, Verizon has delivered to Plaintiff and the 'other class members a DSL service at a rate much slower than represented promised.
and

FIRST CAUSE OF ACTION
(Breach of Contract) 27. Plaintiff incorporates and realleges all of the foregoing paragraphs, as though fully

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set forth herein. 28. Verizon provided Plaintiff and the other members of the class with a standard

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form contract reflecting Verizon's promise to provide DSL se~vice to consumers at a rate of 1.5Mb per second for $34.99 per month. 29. Plaintiff and other class members paid Verizon $34.99 per month for the DSL $11 more per month than the 768Kb service. However,

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service, which is approximately

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Plaintiff and other class members did not receive the DSL service at a rate of 1.5Mb per second.
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CLASS ACTION COMPLAINT

30.

Verizon's

failure to provide Plaintiff and other class members with DSL service at

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a rate of 1.5Mb per second constitutes a breach of contract. Plaintiff and the other class members have suffered damages as a result of Verizon's breach of contract.

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SECOND CAUSE OF ACTION (Violations of Cali fomi a Business & Professions Code 17200 et seq.) (Unfair Business Practices) 31. Plaintiff incorporates and realleges all of the foregoing paragraphs, as though fully

set forth herein. 32. Defendant has engaged in unfair competition within the meaning of California conduct is unfair as

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Business & Professions Code Section 17200 et seq. because Defendant's herein alleged. 33. Defendant's

conduct constitutes an unfair business practice because Defendant is

marketing and selling its DSL service in a manner likely to deceive the public by representing that its DSL service will perform at a rate of 1.5Mb per second, while at ail relevant times Verizon knew and failed to disclose that technical problems prevented this service from performing at a rate of 1.5Mb per second when delivered to consumers at locations a certain distance from a Verizon central office. Plaintiff relied on Defendant's omissions and was deceived and has suffered actual harm as a result. 34, Defendant's business practices, and each of them, are unfair because they offend representations and

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established public policy and/or are immoral, unethical, oppressive, unscrupulous and/or substantially injurious to consumers because consumers are led to believe that Verizon's DSL

service will perform at a rate of 1.5Mb per second when, in fact, Verizon's DSL service cannot perform at a rate of 1.5Mb per second when delivered to consumers at locations a certain distance from a Verizon central office,

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35.

Additionally, when Plaintiff and class members report problems to Verizon DSL service to perform at a rate of 1.5 Mb per second,

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concerning the failure ofVerizon's Verizon fails to provide a refund. 36.

Plaintiff has suffered a loss of money and services as a result of the wrongful

conduct here alleged. Defendant's unfair business practices have caused injury to Plaintiff, the class, and the public. 37. Plainti ff and the class are entitled to relief, including full restitution of all revenues

which may have been obtained by Defendant from Plaintiff and the class as a result of such business acts or practices, and enjoining Defendant to cease and desist from engaging in the practices described herein which continue to ham the consumer public. TIDRD CAUSE OF ACTION (Violation of California Business & Professions Code 17200) (Unlawful Business Practice)

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17

38.

Plaintiff incorporates and rcalleges all of the foregoing paragraphs, as though fully

set forth herein. 39. Defendant has engaged in an unlawful business practice within the meaning of

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California Business & Professions Code Section 17200 et seq. because Defendant's conduct violates the California False Advertising Law and the written and express warranties created by Defendant's representations concerning the speed of its DSL service (i.e., that it performs at a rate of 1.5Mb per second). 40. Defendant's wrongful business acts constituted, and constitute, a continuing

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course of conduct of unlawful business practices because Defendant is selling its products and marketing them in a manner that is likely to deceive the public, and Plaintiff has suffered actual harm as a result.

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41.

Defendant's business practices, and each of them, arc unlawful because they

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3 4

offend established public policy and/or are immoral, unethical, oppressive, unscrupulous andlor substantially injurious to consumers in that consumers are led to believe that the Verizon's DSL service will perform at a rate of 1.5Mb per second when, in fact, the DSL service cannot perform at this rate when delivered to consumers located at a certain known distance from a Verizon central office. 42. Defendant's unlawful business acts constituted, and constitute, a continuing

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6 7 8 9 . 10 11 12 13 14 15 .. 16 17 18 19 20 21

course of conduct of unlawful business practices because Defendant is selling its products and services and marketing them in a manner that is likely to deceive the public, and Plaintiff, who relied on Verizon's representations and material omissions, has suffered actual harm as a result. . 43. Plaintiff has suffered a loss of money and property as a result of the wrongful

conduct here alleged. Defendant's unlawful business practices have caused injury to Plaintiff, the class, and the public. Plaintiff and the class are entitled to reiief, including full restitution of all revenues which may have been obtained by Defendant from Plaintiff and the class as a result of such business acts or practices, and enjoining Defendant to cease and desist from engaging in the practices described herein. FOURTH CAUSE OF ACTION (Violation of California Business & Professions Code 17200) (Fraudulent Conduct) 44. Plaintiff incorporates and realleges all of the foregoing paragraphs, as though fully

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set forth herein. 45. Defendant's wrongful business acts constituted, and constitute, a continuing

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course of fraudulent conduct because Defendant is selling its products and services and marketing them in a manner that is likely to deceive the public, and Plaintiff relied on Defendant's misrepresentations and material omissions and has suffered actual harm as a result.

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46,

Plaintiff is informed and believes that Defendant knew that its representations the speed of its DSL service were false, and that at all relevant times, Defendant

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5

concerning

knew and failed to disclose that due to a technical problem, its DSL service could not perform at a rate of 1.5Mb per second, and would perform at a much slower rate when provided to consumers at locations at a certain distance from a Verizon central office. misrepresentation conduct. Furthcnnore, ,

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9

Plaintiff relied on Defendant's result of Defendant's fraudulent

and suffered a loss of money and services as a fraudulent practices have caused injury

Defendant's

to Plaintiff, the class, and the public.

Plaintiff and the class are entitled to relief, including full from Plaintiff and the to cease and desist

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16

restitution of all revenues which may have been obtained by Defendant class as a result of such business acts or practices, from engaging in the practices described herein.

and enjoining Defendant

PRAYER FOR RELIEF

Plaintiff, on behalf of herself and all others similarly situated requests that the Court enter .udgment against Defendant, as follows: herein; responsible for notifying all class members

1("

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19

1. 2.

certifying

the class as requested

ordering that Defendant

is financially

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of the alleged misrepresentations

discussed herein;

3.

awarding Plaintiff

and

the class members compensatory

damages in an amount

according to proof at trial;

4.

awarding restitution

and disgorgement

of Defendant's

revenues to Plaintiff and the

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2("

class members;

5.

awarding declaratory

and injunctive

relief as permitted

by law or equity,

including: enjoining Defendant directing Defendant

from continuing

the unlawful practices as set forth herein; and victims of its conduct and pay them

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to identify, with Court supervision,

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12 CLASS ACTION COMPLAINT

restitution and disgorgement

of all monies acquired by Defendant by means of any act or

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practice declared by this Court to be wrongful;

6.
7.

ordering Defendant to engage in corrective advertising; awarding interest on the monies wrongfully obtained from the date of collection in this action; fees and costs pursuant to California Code of Civil

through the date of entry of judgment

8.

an award of attorneys'

Procedure Section 1021.5, the common fund theory. or any other applicable statute, theory, or contract; and

9.

all such other and further relief as the Court deems just and proper.

.JURY DEMAND
Plaintiff, on behalf of herself and all others simil arly situated, hereby requests a jury trial on the claims so triable. Dated: April 5, 2012 By: DEBLASE BROWN EYERLY

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Patrick DeBIase

PJJflZp

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Oren S. Giskan Catherine E. Anderson David Feige

GISKAN SOLOTAROFF ANDERSON & STEWART, LLP

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ATTORNEY QR PARTY WJH9UT

Patrick Defllase (167138) DEBLASE BROWN EYERLY LL? 10990 Wilshire Boulevard, Suite 1060 Los Angeles, California 90024
TELEPHONENO:

ATTORNEY

IName. Sta'" Barnumb8r. .od

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••
APR 052012
John
BY1~;T!-i~;"'_ _ _'

ATT'ORNEYFOR(N~m~)'

310-575-9955 FAX NO. 310-575-9919 Plaintiffs PATRICIA ALLEN et al.
COUNTY OF

SUPERIOR

III North Hill Street '111 North Hill Street ow AND ZIP cODE: Los Angeles 90012 . BRANCH NAME: Stanle ~osk Courthouse CASE NAME Patricia Allen, Individually and on behalfofall similarl situated. vs. Verizon I"
STREET ADDRESS: MAILING ADDRESS:
r

COURT OF CALIFORNIA,

those
CASE NUMBER:

CIVil CASE COVER SHEET

CZJ

(Amount demanded. exceeds $25,000)

Unlimited

0

(Amount demanded is $25,000 or less)

LimIted

0

Complex Case Designation Counter

0

Joinder
JUDGE: OEPT:

Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402)

Items 1-6 below must be romplsted see instructions on page 2).
1. Check one box below for the case type that best describes this case;

o o
D D
D

Auto Tort

Auto (22) Uninsured motorist (46)

D 0

Contract

Breach of cornractwananty
Rule 3,740 collections (09} Other coltecflons (09)

(06)

Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.(03)

Othllr PIIPDIWD jPersonallnjurylProporty DamagelWrongful Death) Tort Asbestos (04) Produci IisDility (24)

D

D D

Insurance coverage (18)
Other contract (37)

o

D Constructlon defecl (10) D Mass lort (40) D
Securities litigation (28)

D AnlitrustITrade

regulation (03)

D Defamation (13)

D
U

o
o

o o o o

Medical malpractice (45)
Other PIIPDIWD (23)

D

Non·PI/pemO

IOther) Tort

Business tort/unfair business practice (07)

Civil rights (06) Fraud (16)

Intellectual property (19) Professional negligence (25) Other non-PI/PDiWD tort (35) Wrongful termination (36)
(15)

o o o o o
0

Real Property Eminent domain/Inverse
condemnalion (14)

o

EnvironmentalfToxic tort (30)
Insurance coverage claims ansing from the above listed provisionally complex case types (41)

Wrongful evlelion (33) Other real property (2.6)
Detainer

Unlawful

o
o
D

Enforcement of Judgment Enforcement of judg ment (20)
RICO (27) complaInt (not speC/fied above) (42) Civil Petition

Cornmerclal (31)
ReSidential (32)

Miscellaneous Civil Comptalnt

Drugs (38) Asset forfeiture (05) Petition ~e: arbitration award (11) Writ of mandate (02)
Olher udiclal revIew 39

D Other

Judicial Review

Miscellaneous

~Ioyment

D Other employment
B.

D 0

D o'iher

Partnership and corporate governance (21)
petition

(not speGified

above) (43)

2. This case is 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: b. [l] Extensive motion practice raising difficult or novel c. 3. 4.

0

Large number of separately represented parties issues that will be tima-consuminq to resolve Substantial amount of documentary evidence monetary

d.
e. f.

0 0

Large number of witnesses Coordination wilh related actions pending in one or more. courts in other counties, states, or countries, or in a federal court

W

Remedies sought (check all that apply): a.[ZJ Number of causes of action (specify):

5.. This case [Z] is is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case.

0

(4) I-Breach of Contract, 2-Codc 17200 Unlawful, 3- Code 17200 Unfair
au mar. use form C -015.)

CZJ Substantial postjudgmenl judicial supervision b.O nonmonetary: declaratory or injunctive relief

c. Dpunitive

4- Code 17200 Fraud~,

April 5, 2012 Patrick DeBiase
Data:
TYPE OR PRim NAME

DJ

FA X

• 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 result in 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 oll1er parties to the action or proceedi ng. • Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onlv,
Form AdoC>lOd for ManClalOt,' U ... Judlclat Counol of Cillifomia CM·OJ 0 IRow. July 1, 20071

rtcs

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CIVIL CASE COVER SHEET

Col. Rule. ofCourI. ru:•• 2.30. 3.220. 3.4CD-3'<OO, 3.7~1l; Cat Standards of Judicial AdmIr... tra::o~.• td. 3.10 ~~'r'W.couitjnfO.eiJ,rPV

Amon""" l.egalN,I, Inc. 'tMN.FormIWoridlow.co:'r1

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INSTRUCTIONS

ON HOW TO COMPLETE

THE COVER SHEET

CM-010

To Plaintiffs and Others Filing First Papers. If you are filing a first· paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. ln item 1, you must check one 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 cover sheet 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 money owed 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 in which property, services, or money was acquired on credit A collections case does nollnclude an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this.fonn means that it will be exemptfrom the general time-for-service requrernents and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case 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 the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder In the plaintiffs designation, a counter-designation that the case IS not complex, or, if the plaintiff has made no designation, a deSignation that the case is complex.
CASE TYPES AND EXAMPLES

Auto Tort Auto (22)-Parsonal Injury/Property OamageMirongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbilration, check Ihis item instead of Auto) Other PIJPDIWO (PersonaltnJuryl Property DamageIWrongfut Ooath) Tort Asbestos (04) Asbestos Property Damage Asbestos Personallnjuryi Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice. Physicians & Surgeons Other Professional Health Care Malp raclice Other P\lPOrND (23) Premises Liability (e.g .. slip and fall) Intenlional Bodily InjurylPDMlD (e.9., assault, vandalism) intentianallnflielion of Emotional Distress NeQIi"ent Inmctlon of Emotional Distress Other PllPOrND Non-PI/POJWD (Other) Tort Business TortJUnfair Business Practice (07) Civil Rights (e.g.. discrimination, false arrest) (not civil harassment) (08) Defamallon (e.g., slander, libel)
(13)

Fraud (16) Intelll'lctual Property (t 9) P'rofesslonal Negligence (25) Legal Malpractice Other ProfeSSional Malpracllce (not medica/ Of legal) Other Non-PI/POrNO Tort (35) Employment Wrongful Termination (36) Other Employment (15)

Contract Breach of ContractMiarranty (06) Breach of Renlal/Lease Contract (not unlawful detainer or wrongflJl eviction) ContracliWarranty Breach-5eller Plaintiff (not fraud or negligence) Negligent Breach of Contract! Warranty Other Breach of Contract/\Narranty CoJlectiOl1s (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (1 S) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/l nversa Condemnation (14) Wrongful Eviction (33) Other Real Property [e.g., quiet tille) (26) Writ of Poss asslon of Re'al Property Mortgage Foreclosure QuielTilie Other Real Property (not eminent domain, landlordttenanl, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (If the case involves (IIegal drugs. Cl1eck this ilem; otherwise, report as Commercial or Residential) Judicial Reviaw Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicia I Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals

Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3,400--3.4C3) AntilrustITrade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Uligation (28) EnvlronmentallToxlc Tort (30) Insurance Coverage Claims (arising from provisionally complex case type lisled above) (41) Enforcement of J udg ment Enforcement of Judgmenl (20) Abstract of Judgment (Out of County) Conlesslon 01 Judgment (noodomestic reletions) Sisler State Judgment Administrative Agency Award (not (Jnpeid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (1I0t specified above) (42) Declaratory Relief Only Injunctive Relief Only (nonharassment) Mechanics Lien Other Commercial Complaint Case (non-!ort!nan·comp/ex) Other Civil Complaint (non-toTtlnon-complax) Mistellaneous Civil PeUtlon Partnership and Corporate Governance (21) Other Petition (not specified above) (43} Civil Harassment Workplace Violence ElderlDependent Adult Abuse Election Contest Petition for Name Change Petition for ReUef From Late Claim Other Civil Petition

eM·Ol0IRe v. July 1,2007]

CIVIL CASE COVER SHEET

Pago%o!%

._---------------

.. __ .

-_

_-

..


SHORT TITLE: CASE NUM6ER


Inc., et al.
length

ALLEN, ec al, VS. Verizon Communications

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCA nON CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION This form Is required pursuant to LASC Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court.
Item

I.

Check

the types of hearing YES correct

and fill in the estimated

of hearing

expected

for this case:

JURY TRIAL? [{] Item II. Selectthe

CLASS ACTION? [{]YES district

Step 1: After
the left margin

first completing
below,

DYES TIME ESTIMATED FOR TRIAL 20 0 HOURStlll DAYS (4 steps -If you checked "Limited Case", skip to Item III, Pg. 4): the Civil Case Cover Sheet Form, find the main civil case cover sheet heading for your case in LlMITEDC·ASE? location and courthouse

and, to Step 2: Check ~ Superior Step 3: In Column C, circle
For any exception

the right in Column Court Iype of action

A, the

Civil Case Cover

Sheet case type you selected. best describes the nature of this case. you have checked.

in Column

B

below which

the reason for the court location choice thai applies to the type of action to the court location, se.e Los Angeles Superior Court Local Rule 2.0.

Applicable Reasons for Choosing Courthouse Location (see Column
1. Class Actions must be flied In the County Courthouse, Central District. 2. May be filed In Central (Other county, or no Bodily Injury/Property Damage). 3. Location where cause of acnon arose. 4, Location where bodily Injury. death or damage occurred. 5 Loc allan whe re performance required or defendant resides 6 8,
7,

C below)

9, 10

location of properly or permanently garaged vehicle. Location whsre petitioner resides. Location whsreln defendant/respondent functions wholly. location where one or more of the parties reside. Lccetlcn of Labor Commlssionsr Office Sign the declaration.

Step

4: Fill in the information

r~uested

on pane 4 in Item 111;complete

Item IV,

B

y FA X

A
Civil CBse Cover Sheet

B
Type Qr ActlQn (Check only ona]

C
Applicable Reasons· See Step J Above 1.• 2.,4. 1.,2 .. 4. 2.
2.

Category No. Auto (22) Uninsured Motorist (46)

0 0 0 0 0 0 0

A7100 Motor Vehicle· Personal InJury/Property DamagelWrongful Death A7110 Personal Inlury/Property DamagelWrongful Dealh':' Uninsured Motorist A6070 Asbestos Property Damage A7221 Asbestos - Personal InjurylWrongful Death A72S0 Product Lia bIHty (not asbestos or toxictenvironmental) A7210 MedIcal Malpraclice - PhYSicians & Surgeons A7240 Other Professional Health Care Malpracllce A7250 Premises Liability (e.g., slip and fall) A7230 Intenlional Bodily Injury/Properly Damagerwrongrul Death (e.g., assault, vandalism, etc.) A7270 Intention al Infliction of Emotional Distress A7220 Other Personal Injury/Property Damagerwrongful Dealh

~t: a..
'-

Asbestos (04) Product liability (24)

'-0 ~I-

o~

..
co
<11

1.,2 .• 3.• 4.,6.
1.,2.,4.

::1.= ::I c_

~O

Medical Malpractice (45)

~~
c

a..

<11

~~<II
'- co

e

1.,2.,4. 1.,2.,4, 1.,2.,4, 1.,2.,3.
1.. 2" 4,

o
Other Persona I Injury Property Damage Wrongful Death (23)

0:

o

<II ~

00

E «I

~a
'-I-

0 0 0

BUsiness Tort (O7) Civil Rights (08) Defamalion (13) Fraud (IS)

e~ a.. -0 ~........
<II :;l

~~

A6029

Other Commercial/Business Tort (not fraud/breach of contract)

1.,2",3.
1.,2.,3.

D ABOO5 Civil Righls/Discrlmlnalion

::I

.E~
'i\i

E 5~
111'<II <II C'I

0
0

AB010 Oefamation (slander/libel) A6D13 Fraud (no contract)

1,,2.,3 . 1.,2.,3,

a.. co

~I: 0 2
,0«1

c. E
LACIV 109 (Rev. 01/07) LASC Approved 03'()4

~i
~~
I~'-

CIVIL

CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION

LAse, rule 2.0

Page 1 or 4

I"

-1':1

III CI III


SHORT TITLE:


CASE NU~BeR

E

c-

ALLEN, et al. va. Verizon Communication~

Inc., et al.

e::t:III C.

l:~ ... ...
c: 00

...

o.

A
Civil Case Cover Sheet Category No.

~o
~1-

Type of Action .. (Check only one)

B

..

Applicable Reasons -SIlII Step 3 Above
1.• 2 .• 3. 1 .. 2 .. 3.

C

£-E
-

1':1

'" 1:0III ;]-

Professional Negligence
(25)

0 0 0

A60n

Legal MalprOictice

~ ,

C1J

.. :l
...

2$

c o ...

'" 0
c:

A6050 Other Professional Malpraclice (not medical or 'Iegal) A6025 Other Non-Personallnjury/Property Damage tort

Other (35) Wrongful Termination
(36)

2.,3.

1:
G)

Q. w

> e

c

0 A6037 Wrongful Termination 0 A6024 Other Employment Complaint Case 0 A6t09
Labor Commissioner A?peals

I" 2., 3.
1.. 2.• 3.

Other Employment
(15)

E

10. 2.. 5. 2.,5. 1..2.,5. t, 2., 5. 2.,5.,6. 2.,5. 1.,2.,5., B. 1.. 2., 3., 5. 1.,2 .. 3.,5. 1.,2.,3., B. 2.

Breach of Con tract! Warranty
(DB)

0 A6004 Breach of Rental/Lease Contract (not Unlawful Delalner or wrongful eviction)

...
E
o

(not insurance)

...

I.) III

0 0 0 0 0 0 III 0 0 0 0

A600S A6019 A6028 ASOO:?: ASOl2 A60l5

Conlract/INarranty Breech -Seller Plaintiff (no fraud/negligence) Negligent Breach of Contract/INarranty (no fraud) otMr Breach of Contract/INarrantv (not fraud or negligence) Collections Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not complex)

(J

Collections
(0\1)

Insurance Coverage (18) Other Contract
(37)

A6009 Contractual Fraud A6031 Tortious Interference A6027 Other Contract Dispute(not breacMnsurancelfraudlnegligence) A7300 Eminent Domain/Condemnation Number of p.arcels __

~
0CIJ

Eminent Dome in/Inverse Condemnatlon_(11l_ Wrongful Eviction
(33)

Jt

C

A6023

wrongful Eviction Case

2.,6. 2.,6. 2.,6. 2.,6. 2.,6. 2.,6 . 2.,6. 2.. 6. Z.. 5.

n; III a:

Other Real Property (26)

0 0
0

AGOIS Mortgage Foreclosure A6032 Quiet Title A6060 Other Real property (not eminent domain,landlord/tenant. foreclosure)

'iii
Q
III

...

4i I:

Unlawful DetainerComrnerclal (31) Unlawful DetainerResidential (32) Unlawful DetainerDrugs (36) Asset Forfelture (05) Petition .re Arbitration (II)

0

A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction)

'3 .... 'E
:::I

~ 1':1
III

0 A6020 Unlawful Detainer-Resldenllal (not drugs or wrongful eviction)

0

A6022 Unlawful Detainer-Drugs Asset Forieilura Case

~ 's
a:'
<I)

0 A6ta8

(I' ,.
II'

1'i '0
:J

0 A6115 Patlllan to CompeUConlirmNacate Arbitration

15

iI

B' '.. If·

'~.

.,

LACIV I09-(Rav. 01/07) LASe Approved 03-04

CIVIL CASE COVER SHEET ADOr:NDUM AND STATEMENT OF LOCATION

LAse, rule 2.D Page 2 af4


SHORTTITLE; CASE NUMBER


Type of Action (Check only one)

ALLEN, et al. vs. Verizon Communications Inc., et al.

A
Civil Case COlier Sheet Category 1110.

B

C
Applicable Reasons See Step 3 Above Z.. 8. 2.

Writ of Mandate
(02)

0 0 0

A6151 Writ - Administra tive Mandamus
A6152

Writ - Mandamus on limited Court Case Matter Writ - Other limited Court Case Review Other Writ /Judlclal Review
.'

M1S3 A6150

,

2.

Other Judicial Review
(39)

o

2.,8.

AntllrustfTrade Reg~ll?tion (03) Construction Defect (1 0) Claims Involving Mass Tort (40) Securities Litigatloll (28)
Toxlc Tort Environmental

o A6003 o ABOOe o A6035
0 0 0 0

AntltrusttTrade Regulation
'~

1.,2.,8.

o ABOO7 Construction detect
Claims Involving Mass Tort Securities Litigation Case

.'

1.,2.,3.
1.,2.,8.

t, 2., 8.

(30)

A6036 Toxic Tort/Environmental A6014 Insurance coverage/Subrogation (complex case only)

1.,2.,3.,8. 1" 2.,5.,8.

Insu ranee Coverage· Claims' from Complex Case (41)

A6141 Sister State Judgment A6160 Abstract of Judgment A6107 Confession of Judgmenl (non-domestic relations)

2.,9.
2 .• B.

.......c c:
U"C
<I)

~~

EE 0'1
0

Enforcemenl of Judgment (20)

o

2 .. 9. 2.,8.
2., B. 2., B., 9.

~~ C.,_
W

0 0 0 0 0

A6140 Administrative Agency Award (not unpaid taxes) A6114 Petition/Certificate tor Entry of Judgment on Unpaid Tax A6112 Other Enforcement of Judgment Case A6033 Ae030 Racketeering (RICO) Case Declaratory Relief Only Injunctive Relief Only (not domestic/harassment) Other Commercial Complaint Case (non-tortlnon-complex) Other Civil Complain! (non-tortuon-cornplex) Partnership and Corporate Governance Case

RICO (27)

"

1.,2.,8. 1.,2,8. 2.,8. 1.,2" 8. 1" 2" 8. 2..,8. 2.,3" 9_ 2.,3.,9. 2.,3., S. Z. 2" 7. 2.,3.,4.,8. 2.,9.

',"

Other Complaints (Not Specified Above)
(42)

0 A6040

o A6011
o
A6000

Partnership c::orporation Governance(21)

o A6113
n
0

A6121 Civil Harassment A6123 Workplace Harassment

Other Petitions (Not Spsclfled Above)
(43)

0 A(l124 Elder/Dependent Adult Abuse Case

0

o

o A6110 o A6170

A6190 Election Contest Petllion for Change of Name Petition for ReUef from Late Claim Law

A6100 Other Civil Pet ilion

lACIV 109 (Rev. 01/07) LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION:,

LAse, rule 2.0 Page30f4


SHORTiITLE:


Inc., at al ,
ADORESS;

ALLEN,..et

al.

vs . Varizon

Communications

Item III. Statement of Location: Enter the address of the accident, party's residence or place of business, performance, or other clrcumstance.indicated in Item 11.,Step 3 on Page 1, as the proper reason for filing in the court location you selected.
REASON: CHECK THE NUMBER UNDER COLUMN C INHICH APPLIES IN THIS CASE

'6L.{e:; Z.o4-Vr

$v-taf"

1lI1. 2. 03. 04. 05. 06. 07. 08. 09. 010. 0

~h~

iYJoniCt1

Ie;:

IqD~i:03
Stanley Mosk

Item IV. Declaration of ASSignment: I declare und~r penally of pe~ury under the laws 01the State of California that the (oregolng is true and correct and that the above-entltled matter is properly filed for assignment to the
Central s~bds. (b), (e) and (d)).

eourtho~se in the

District of the Los Angeles Superior Court (Code Civ. Proc., § 392 et seq., and LASC Local Rule 2.0,

Dated: APRIL 5, 2012

PLEASE HAVE THE FOLLOWING PROPERLY

ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO COMMENCE YOUR NEW COURT CASE:

1. Original Complaint or Pelition.
2. 3. 4. 5. 6. 7. If filing a Complaint, a completed Summons form for issuance by the.Clerk. Civil Case Cover Sheet form CM-010. Complete Addendum to Civil Case Cover Sheet form LACIV 109 (Rev: 01/07), LASC Approved 03-04. Payment in full of the filing fee, unless fees have been waived. Signed order appointing the Guardian ad Litem, JC form FL-935, if the plaintiff or petitioner is a minor under 18 years of age, or if required by Court. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendu IT) must be served along with the summons and complaint, or other initialing pleading in the case.

LACIV 109 (Rev. 01/07) LASC Approved 03·04

CIVIL CASE COVER SHEET ADDENDUM

LASC. rule 2.0 Page 4 of 4

AND STATEMENT OF LOCATION

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