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CLASS ACTION COMPLAINT
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7.
UNFAIR COMPETITION (Business and Professions Code §§ 17200 et seq.) JURY TRIAL DEMANDED
Plaintiffs KATHERINE PAGE and ASJA SEVER, as individuals and on behalf of others similarly situated (hereinafter referred to separately as “Page” or “Sever,” or jointly as “Plaintiffs”), hereby submit their Class Action Complaint against Defendants GRUPPO CHIARELLO LLC, a California limited liability company (“GRUPPO CHIARELLO”); SERRA HOSPITALITY GROUP, LLC, a California limited liability company (“SERRA”); MICHAEL CHIARELLO, an individual; and DOES 1 through 50, inclusive, (hereinafter referred to collectively as “Defendants”) on behalf of themselves, and the class of others similarly situated, as follows:
INTRODUCTION 1.
This class action arises out of the work experience of Page and Sever and all similarly situated employees and similarly aggrieved employees of GRUPPO CHIARELLO and/or SERRA who worked at COQUETA, a restaurant located on Pier 5 in San Francisco, California, between approximately April 2013 and the present.
2.
This class action is within the Court’s jurisdiction under California
Labor Code
, California
Business and Professions Code
§ 17200, et seq., (Unfair Practices Act) and the applicable wage order(s) issued by the Industrial Welfare Commission (“IWC”) including IWC Wage Order No. 5.
3.
This complaint challenges systemic illegal employment practices resulting in violations of the California
Labor Code
,
Business and Professions Code
and applicable IWC wage orders against employees of Defendants.
4.
Plaintiffs are informed and believe and based thereon allege that Defendants, jointly and severally, have acted intentionally and with deliberate indifference and conscious disregard
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CLASS ACTION COMPLAINT
12345678910111213141516171819202122232425262728to the rights of all employees in receiving all lawful wages for all hours worked and lawful meal and rest periods.
5.
Plaintiffs are informed and believe and based thereon allege that Defendants have engaged in, among other things a system of willful violations of the California
Labor Code
,
Business and Professions Code
and applicable IWC wage orders by creating and maintaining policies, practices and customs that knowingly deny employees: (a) all wages due for all hours employees were suffered and permitted to work, including by manipulating employees’ time clocks and time sheets to unlawfully deduct time from hours worked, (b) lawful overtime compensation, (c) lawful meal and rest breaks, (d) tip income; (e) accurate, itemized wage statements, (f) lawful expense reimbursements, and (g) required payments into employee health funds. The policies, practices and customs of Defendants, as described above and below, have resulted in unjust enrichment of Defendants and an unfair business advantage over businesses that routinely adhere to the strictures of the California
Labor Code
,
Business and Professions Code
and applicable IWC wage orders.
JURISDICTION AND VENUE 6.
The Court has jurisdiction over the violations of the California
Labor Code
, California
Business and Professions Code
§ 17200, et seq., (Unfair Practices Act) and the applicable wage order(s) issued by the Industrial Welfare Commission including IWC Wage Order No. 10 claims alleged herein.
7.
Venue is proper because Defendants are located within San Francisco County.
PARTIES 8.
Plaintiffs were victims of the policies, practices and customs of Defendants complained of in this action in ways that have deprived them of the rights guaranteed to them by California
Labor Code
, California
Business and Professions Code
§ 17200, et seq., (Unfair Practices Act) and the applicable wage order(s) issued by the Industrial Welfare Commission including IWC Wage Order No. 5. Defendants employed Plaintiffs at all times relevant to this complaint.
