Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.22 Page 1 of 17
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`EXHIBIT B
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`EXHIBIT B
`PAGE 6
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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.23 Page 2 of 17
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`Ryan Stygar (SBN 332764)
`CENTURION TRIAL ATTORNEYS
`8880 Rio San Diego Drive, Suite 800
`San Diego, California 92108
`Telephone:
`(858) 206-8833
`Email:
`ryan@centurionta.com
`Robert A. Waller, Jr. (SBN 169604)
`LAW OFFICE OF ROBERT A. WALLER, JR.
`P.O. Box 999
`Cardiff-by-the-Sea, California 92007
`Telephone:
`(760) 753-3118
`Facsimile:
`(760) 753-3206
`Email:
`robert@robertwallerlaw.com
`Attorneys for Plaintiff BRIANA GALLLARDO, Individually and on behalf of all other
`employees similarly situated
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`IN AND FOR THE COUNTY OF SAN DIEGO
`
`BRIANA GALLARDO, Individually and
`on behalf of all employees similarly
`situated,
`Plaintiffs,
`
`v.
`AMAZON.COM SERVICES, LLC, A
`Delaware Limited Liability Company
`f.k.a. AMAZON.COM SERVICES, INC.;
`and DOES 1 through 25, inclusive,
`Defendants.
`
`CASE NO.
`
`CLASS ACTION COMPLAINT FOR
`DAMAGES
`
`DEMAND FOR JURY
`
`Plaintiff BRIANA GALLARDO (“Plaintiff”), for herself and all others similarly
`situated, alleges as follows:
`1.
`Plaintiff is an individual and is now and at all times referenced mentioned
`in this complaint was a resident of San Diego County, California. At all times herein
`mentioned Plaintiff was employed by Defendant AMAZON.COM SERVICES LLC.
`2.
`Defendant AMAZON.COM SERVICES, LLC is and at all times mentioned
`herein was a Delaware limited liability company organized, existing, and conducting
`business in California under and by virtue of the laws of California (Entity Number
`
`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-1-
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`EXHIBIT B
`PAGE 7
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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.24 Page 3 of 17
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`202001010303). Defendant AMAZON was formerly known as AMAZON.COM SERVICES,
`INC. (California Secretary of State Entity Number C3678136) before reorganizing itself in
`January 2020. Because the claims asserted herein pre-date the reorganization both the LLC
`and INC entities are referred to herein as “Defendant AMAZON.”
`3.
`Plaintiff is unaware of the true identities and/or capacities of those
`defendants sued herein as “DOES 1 through 25, inclusive,” and are for that reason sued by
`such fictitious names. Plaintiff will amend this complaint to allege the true names,
`capacities and identities of such “DOE” defendants if, and when, ascertained. Plaintiff is
`informed, believes and thereon alleges that each of the fictitiously named defendant(s)
`is/are thereon responsible in some manner for the occurrences herein alleged, and that
`Plaintiffs’ injuries as herein alleged were proximately caused by such acts.
`4.
`Plaintiff is informed, believes and thereon alleges that at all times mentioned
`herein, each of the defendants was the agent, employee, servant, partner and/or
`representative of each of the remaining defendants, and in doing the things hereinafter
`alleged, was acting within the course and scope of such agency, employment, servitude,
`partnership and/or other relationship and with the consent of each other.
`I.
`FACTUAL BACKGROUND AND GENERAL ALLEGATIONS
`
`Plaintiff was employed by Defendant AMAZON in a position titled “Area
`5.
`Manager.” Plaintiff was hired by AMAZON in January 2021.
`6.
`In the position of “Area Manager” Plaintiff and all other similarly situated
`employees were designated and categorized by Defendant AMAZON as exempt from
`receiving overtime compensation for hours worked in excess of eight (8) hours in a day or
`forty (40) hours in a workweek. Defendant AMAZON stated on Plaintiff’s wage
`statements/pay stubs, as well as those of all other similarly situated employees, that their
`“Basis of Pay” was “salary.” Throughout Plaintiff’s employment she was paid $28.00 per
`hour.
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`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-2-
`
`EXHIBIT B
`PAGE 8
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`

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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.25 Page 4 of 17
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`Plaintiff alleges based on the job duties and/or responsibilities of an “Area
`7.
`Manager” she and all other similarly situated employees did not meet the criteria of any
`recognized test in California for being exempt from receiving overtime compensation.
`Plaintiff alleges neither she nor any similarly situated “Area Managers” met the criteria for
`Executive Exemption, Administrative Exemption, and/or Professional Exemption
`regardless of whether she/they were/are paid an hourly rate equivalent to two times the
`applicable minimum wage.
`8.
`Plaintiff alleges that at no time during her and all other “Area Manager”
`employees’ employment by Defendant AMAZON were they paid overtime wages at the
`statutory rate of one and one-half (1½) times their regular rate of pay when they were
`employed for more than eight (8) hours any workday or in excess of forty (40) hours in a
`workweek.
`Plaintiff alleges throughout her and all similarly situated employees’
`9.
`employment Defendant AMAZON stated on their wage statements/pay stubs that they
`were paid, at most, eighty (80) hours per two-week pay period without regard to the actual
`number of hours Plaintiff and all other similarly situated employees were employed in a
`given day or workweek.
`10.
`Plaintiff alleges not only did Defendant AMAZON fail to pay overtime
`wages, but Defendant AMAZON also failed to pay minimum wage to Plaintiff and all
`others similarly situated for all hours they worked and were employed in excess of eighty
`(80) in any given pay period.
`11.
`Plaintiff alleges Defendant AMAZON failed to maintain records of hours
`worked by Plaintiff and all other similarly situated employees including but not limited
`to all hours worked beyond eighty (80) in a two week pay period.
`12.
`Plaintiff alleges Defendant AMAZON stated on her and all other similarly
`situated employees’ wage statements/pay stubs that she/they performed work in
`categories identified as “Regular Hours”, “Personal Time”, and/or “Vacation Pay” for
`which they were compensated at their regular hourly rate of pay. Plaintiff alleges that, to
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`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-3-
`
`EXHIBIT B
`PAGE 9
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`

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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.26 Page 5 of 17
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`her knowledge and understanding, she did not perform work which would be properly
`and accurately categorized as “Personal Time” for which she and all other similarly
`situated employees would be compensated in their pay checks.
`13.
`Plaintiff alleges that, to her knowledge and understanding, she did not
`perform work which would be properly and accurately categorized as “Vacation Pay” for
`which she and all other similarly situated employees would be compensated in her pay
`check.
`
`Plaintiff alleges “Personal Time” is an employment benefit offered by
`14.
`Defendant AMAZON which accrues incrementally during the course of employment
`which can be used by the employee for situations such as when they have a last minute
`absence and want to be paid for that time and preserve other benefits such as Unpaid Time
`Off and/or Vacation Time. Plaintiff alleges “Personal Time” is not a category of labor or
`services for which an employee would be compensated, as opposed to accruing the benefit
`for later use, during any given pay period. Plaintiff and all other similarly situated
`employees are therefore unable to readily ascertain from their wage statement/pay stubs
`the information about why they are paid “Personal Time” without reference to other
`documents or information and they are unable to identify what labor or services they
`performed in the “Personal Time” category which is separate and apart from their Regular
`Hours worked as identified on their wage statements/pay stubs.
`15.
`Plaintiff alleges “Vacation Pay” is an employment benefit offered by
`Defendant AMAZON which accrues incrementally during the course of employment and
`which can be used by the employee for situations such as a preplanned vacation. Plaintiff
`alleges “Vacation Pay” is not a category of labor or services for which an employee would
`be compensated, as opposed to accruing the benefit for later use, during any given pay
`period. Plaintiff and all other similarly situated employees are therefore unable to readily
`ascertain the information about why they are paid “Vacation Pay” without reference to
`other documents or information and they are unable to identify what labor or services they
`performed in the “Vacation Pay” category which is separate and apart from their Regular
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`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-4-
`
`EXHIBIT B
`PAGE 10
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`

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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.27 Page 6 of 17
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`Hours worked as identified on their wage statements/pay stubs.
`16.
`Plaintiff alleges that throughout her employment Defendant AMAZON failed
`and/or refused to provide Plaintiff and all other similarly situated employees with
`adequate seating even though the nature of the work reasonably permits the use of seats.
`II.
`CLASS ACTION ALLEGATIONS
`(California Code of Civil Procedure §382)
`
`Plaintiff incorporates by this reference each and every previous paragraph
`17.
`and all allegations contained therein as though set forth in full herein.
`18.
`Plaintiff alleges the number of employees affected by Defendant AMAZON’s
`actions, conduct and unlawful policy and/or practice as herein alleged are so numerous
`as to make joinder of individual cases impractical, a waste of judicial resources, and not
`judicially economical. Based on information and belief Plaintiff alleges there are more than
`500 employees of Defendant AMAZON located in California who during the applicable
`limitations period were affected by Defendant AMAZON’s practice of not paying overtime
`compensation to Area Managers, failing to pay Area Managers minimum wage for hours
`they were employed but did not receive compensation, Defendant AMAZON’s failure to
`provide accurate wage statements/pay stubs, failure to maintain records, and failing to
`provide adequate seating, as herein alleged.
`19.
`Plaintiff alleges for herself and all other employees similarly situated the
`actions of AMAZON as herein alleged involve common questions of law and fact including
`but not limited to whether AMAZON violated the provisions of California Labor Code
`§204 (failure to pay wages earned), §226 (failure to provide accurate wage statements), §510
`(failure to pay overtime wages), §1194 (failure to pay minimum wage and overtime wages),
`§226 and §1174 (failure to maintain records) and California Business & Professions Code
`§17200 (unlawful business practice).
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`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
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`-5-
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`EXHIBIT B
`PAGE 11
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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.28 Page 7 of 17
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`Plaintiff alleges her claims against Defendant AMAZON, as herein alleged,
`20.
`are typical of all other similarly situated employees who are part of the class and/or
`subclasses as herein alleged.
`21.
`Plaintiff GALLARDO alleges the class and/or subclasses are defined as
`follows:
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`C.
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`D.
`
`A.
`
`B.
`
`titled
`All “Area Managers” or similarly
`employees of Defendant AMAZON located in
`California who were not paid overtime wage for
`hours worked in excess of eight (8) hours per
`day or forty (40) hours per workweek;
`titled
`All “Area Managers” or similarly
`employees of Defendant AMAZON located in
`California who were not paid minimum wage
`for all hours worked;
`All employees of Defendant AMAZON.COM
`SERVICES, INC located in California who were
`not given accurate wage statements/pay stubs;
`All employees of Defendant AMAZON.COM
`SERVICES, INC located in California whom
`Defendant failed to maintain proper records of
`hours worked.
`Plaintiff alleges neither she nor her counsel of record herein have any real or
`22.
`potential conflicts with members of the putative class and that he will adequately represent
`the interests of the class. Plaintiff further alleges her counsel of record herein are qualified,
`experienced and capable of effectively and adequately prosecuting this class action for the
`benefit of the class as a whole. Plaintiff is therefore an adequate class representative and
`his counsel of record herein are adequate to representative the putative class.
`III.
`FIRST CAUSE OF ACTION
`FAILURE TO PAY OVERTIME WAGES
`(Cal. Labor Code §1194, §510, §204, et seq.)
`Plaintiff incorporates by this reference each and every previous paragraph
`23.
`and all allegations contained therein as though set forth in full herein.
`
`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-6-
`
`EXHIBIT B
`PAGE 12
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`

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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.29 Page 8 of 17
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`At all times herein mentioned Defendant AMAZON and/or DOES failed to
`24.
`pay Plaintiff and all other similarly situated employees wages for all overtime hours
`worked, permitted, directed and/or suffered in excess of eight (8) hours in any workday
`or in excess of 40 hours in any workweek as herein alleged.
`25.
`At all times herein mentioned Defendant AMAZON and/or DOES failed to
`pay Plaintiff and all other similarly situated employees minimum wages for all hours
`worked, permitted, directed and/or suffered in excess of the eighty (80) hours that are
`identified on Plaintiff’s and all other similarly situated employees’ wages statements/pay
`stubs as herein alleged.
`26.
`As a direct and proximate result of Defendants’ and each of their failure to
`pay wages in violation of California Labor Code §204, §510 and/or §1194, et seq., Plaintiff
`and all other similarly situated employees suffered damages in an amount according to
`proof at trial including interest thereon.
`27.
`As a further direct and proximate result of Defendants’ and each of their
`conduct as herein alleged, Plaintiffs and each of them have retained legal counsel and are
`thereon entitled to an award of attorney’s fees and costs of suit pursuant to applicable
`statute(s) including but not limited to California Labor Code §98.2(c), §218.5, §1194(a), in
`an amount according to proof at trial.
`
`IV.
`SECOND CAUSE OF ACTION
`FAILURE TO PAY MINIMUM WAGE
`(Cal. Labor Code §1194, §510, §204, et seq.)
`Plaintiff incorporates by this reference each and every previous paragraph
`28.
`and all allegations contained therein as though set forth in full herein.
`29.
`Plaintiff alleges Defendant AMAZON and/or DOES failed to pay Plaintiff
`and all other similarly situated employees minimum wage for all hours worked, permitted,
`directed and/or suffered in excess of the eighty (80) hours identified on Plaintiff’s and all
`other similarly situated employees’ wages statements/pay stubs as herein alleged.
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`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-7-
`
`EXHIBIT B
`PAGE 13
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`

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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.30 Page 9 of 17
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`As a direct and proximate result of Defendants’ and each of their failure to
`30.
`pay wages in violation of California Labor Code §204, §510 and/or §1194, et seq., Plaintiff
`and all other similarly situated employees suffered damages in an amount according to
`proof at trial including interest thereon.
`31.
`As a further direct and proximate result of Defendants’ and each of their
`conduct as herein alleged, Plaintiffs and each of them have retained legal counsel and are
`thereon entitled to an award of attorney’s fees and costs of suit pursuant to applicable
`statute(s) including but not limited to California Labor Code §98.2(c), §218.5, §1194(a), in
`an amount according to proof at trial.
`
`V.
`THIRD CAUSE OF ACTION
`INACCURATE PAY STUBS /WAGE STATEMENTS
`(Cal. Labor Code §226, et seq.)
`Plaintiff incorporates by this reference each and every previous paragraph
`32.
`and all allegations contained therein as though set forth in full herein.
`33.
`Defendant AMAZON and/or DOES failed to provide Plaintiff and all other
`similarly situated employees accurate itemized pay stubs/wage statements in violation of
`California Labor Code §226 as herein alleged.
`34.
`Plaintiff and all other similarly situated employees allege Defendant
`AMAZON and/or DOES provided Plaintiff and all other similarly situated employees with
`inaccurate wage statements/pay stubs to the extent Defendant paid Plaintiff and all other
`similarly situated employees for “Personal Time” and/or “Vacation Pay” as identified on
`their wage statements/pay stubs when Plaintiff and all other similarly situated employees,
`to the beset of their knowledge, did not work the categories of hours referred to as
`“Personal Time” and/or “Vacation Pay” as herein alleged.
`35.
`Plaintiff alleges that, to the best of her/their knowledge “Personal Time”
`and/or “Vacation Pay” are benefits which are accrued as opposed to hours worked for
`which they would be paid on a regular wage statement/pay stub.
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`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-8-
`
`EXHIBIT B
`PAGE 14
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`

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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.31 Page 10 of 17
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`Based thereon, Plaintiff and all other similarly situated employees are unable
`36.
`to readily ascertain from their wage statements/pay stubs information about why they
`were paid “Personal Time” and/or “Vacation Pay” without reference to other documents
`or information and they are unable to identify what labor or services they performed in the
`“Personal Time” and/or “Vacation Pay” category which is separate and apart from their
`Regular Hours worked as identified on their wage statements/pay stubs.
`37.
`Plaintiff and all other similarly situated employees allege Defendant
`AMAZON’s and/or DOES’ conduct in failing to provide accurate wage statements/pay
`stubs as required, as herein alleged, was knowing and intentional.
`38.
`As a direct and proximate result of Defendant AMAZON’s and/or DOES’
`failure to provide accurate wage statements/pay stubs as required Plaintiff and all other
`similarly situated employees are entitled to recover a civil penalty of $500 in accordance
`with California Labor Code §1174.5.
`39.
`As a direct and proximate result of Defendants’ and each of their failure to
`provide itemized accurate wage statements/pay stubs as required Plaintiffs and each of
`them are entitled to recover the greater of all actual damages or fifty dollars ($50) for the
`initial pay period in which a violation occurs and one hundred dollars ($100) per employee
`for each violation in a subsequent pay period, not to exceed an aggregate penalty of four
`thousand dollars ($4,000) in accordance with California Labor Code §226(e)(1).
`40.
`As a further direct and proximate result of Defendants’ and each of their
`conduct as herein alleged, Plaintiffs and each of them have retained legal counsel and are
`thereon entitled to an award of attorney’s fees and costs of suit pursuant to applicable
`statute(s) including but not limited to California Labor Code§226(e)(1), in an amount
`according to proof at trial.
`/ / /
`/ / /
`/ / /
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`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-9-
`
`EXHIBIT B
`PAGE 15
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`

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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.32 Page 11 of 17
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`VI.
`FOURTH CAUSE OF ACTION
`FAILURE TO MAINTAIN ACCURATE RECORDS
`(Cal. Labor Code §226, §1174, §1174.5, et seq.)
`Plaintiff incorporates by this reference each and every previous paragraph
`41.
`and all allegations contained therein as though set forth in full herein.
`42.
`Defendant AMAZON and/or DOES failed to maintain accurate records of
`the hours Plaintiff and all other similarly situated employees worked in violation of
`California Labor Code §226 and/or §1174 as herein alleged.
`43.
`Plaintiff and all other similarly situated employees allege Defendant
`AMAZON and/or DOES failed to maintain accurate records of all hours worked by
`Plaintiff and all other similarly situated employees beyond the eighty (80) hours as
`identified on their wage statements/pay stubs regardless of how many hours they worked.
`44.
`Plaintiff and all other similarly situated employees allege Defendant
`AMAZON’s and/or DOES’ conduct in failing to maintain accurate records as required, as
`herein alleged, was knowing and intentional.
`45.
`As a direct and proximate result of Defendant AMAZON’s and/or DOES’
`failure to maintain accurate records as required Plaintiff and all other similarly situated
`employees are entitled to recover a civil penalty of $500 in accordance with California
`Labor Code §1174.5.
`46.
`As a direct and proximate result of Defendants’ and each of their failure to
`provide itemized accurate pay stubs as required Plaintiffs and each of them are entitled to
`recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in
`which a violation occurs and one hundred dollars ($100) per employee for each violation
`in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars
`($4,000) in accordance with California Labor Code §226(e)(1).
`/ / /
`/ / /
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`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-10-
`
`EXHIBIT B
`PAGE 16
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`

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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.33 Page 12 of 17
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`As a further direct and proximate result of Defendants’ and each of their
`47.
`conduct as herein alleged, Plaintiffs and each of them have retained legal counsel and are
`thereon entitled to an award of attorney’s fees and costs of suit pursuant to applicable
`statute(s) including but not limited to California Labor Code§226(e)(1), in an amount
`according to proof at trial.
`
`VII.
`FIFTH CAUSE OF ACTION
`WAITING TIME PENALTIES
`(Cal. Labor Code §203)
`
`Plaintiff incorporates by this reference each and every previous paragraph
`48.
`and all allegations contained therein as though set forth in full herein.
`49.
`Plaintiff alleges for herself and all other similarly situated employees their
`unpaid overtime and/or minimum wage compensation constitute wages in accordance
`with California Labor Code §200, §515 and/or §1194.
`50.
`Defendant AMAZON and/or DOES failed to pay Plaintiff and all other
`similarly situated employees overtime and/or minimum wages when due in violation of
`California Labor Code §204, §510, and/or §1194.
`51.
`Plaintiff for herself and all other employees similarly situated alleges
`Defendant AMAZON violated California Labor Code §203 by willfully failing to pay
`Plaintiff and all other similarly situated employees all earned and accrued overtime and/or
`minimum wages as required by California Labor Code §204, §510 and/or §1194.
`52.
`Plaintiff alleges for herself and all employees similarly situated Defendant
`AMAZON’s and/or DOES’ conduct in failing to pay overtime and/or minimum wages as
`herein alleged was willful or intentional because AMAZON and/or DOES knew Plaintiff
`and all other similarly situated employees were not exempt from overtime compensation
`under any applicable test and as such Defendant AMAZON had a legal obligation law to
`pay such overtime and/or minimum wages in accordance with California Labor Code
`§204, §510, §1194.
`
`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-11-
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`EXHIBIT B
`PAGE 17
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`

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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.34 Page 13 of 17
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`Plaintiff alleges for herself and all other employees similarly situated that as
`53.
`a direct and proximate result of Defendant AMAZON’S and/or DOES’ actions as herein
`alleged Plaintiff and all other similarly situated employees are entitled to recover all
`additional and continuing wages provided by California Labor Code §203 including
`interest thereon in an amount according to proof at trial.
`54.
`Plaintiff alleges for herself and all other similarly situated employees that as
`a direct and proximate result of Defendant AMAZON’s and/or DOES’ conduct as herein
`alleged Plaintiff and all other employees were denied use and benefit of their wages,
`including but not limited to having lost interest on those monies, all in an amount
`according to proof at trial.
`55.
`In addition, as a proximate result of Defendant AMAZON’s and/or DOES’
`conduct as herein alleged Plaintiff did employ attorneys and/or other legal professionals
`to prosecute this action and is thereon entitled to an award of attorney fees in an amount
`according to proof in accordance with California Labor Code §218.5.
`56.
`As a direct and proximate result of Defendant AMAZON’s and/or DOES’
`conduct and actions as alleged herein the court shall award pursuant to California Labor
`Code §218.6, interest on all due and unpaid wages at the rate of interest specified in
`subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the
`wages were due and payable as provided in Part 1 (commencing with Section 200) of
`Division 2, in an amount according to proof at trial.
`57.
`As a further direct and proximate result of Defendant AMAZON’s and/or
`DOES’ actions as herein alleged Plaintiff was required to and did retain attorneys and other
`legal professionals to represent her in this action and because this action confers a
`substantial benefit on a large group of persons and/or the general public and enforces
`significant rights Plaintiff is entitled to an award of attorney fees and costs in accordance
`with C.C.P. §1021.5.
`
`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-12-
`
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`EXHIBIT B
`PAGE 18
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`

`

`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.35 Page 14 of 17
`
`VIII.
`SIXTH CAUSE OF ACTION
`UNLAWFUL BUSINESS PRACTICE
`(Cal. Bus. & Prof. Code §17200)
`
`Plaintiff incorporates by this reference each and every previous paragraph
`58.
`and all allegations contained therein as though set forth in full herein.
`59.
`Plaintiff alleges Defendant AMAZON and/or DOES engaged in an unlawful
`business practice by categorizing Plaintiff and all other similarly situated employees as
`exempt from being paid overtime and/or minimum wage compensation when Plaintiff
`and all other similarly situated employees did not meet the criteria under any test for
`exempt status including but not limited to the fact neither Plaintiff nor any similarly
`situated “Area Managers” met the criteria for Executive Exemption, Administrative
`Exemption, and/or Professional Exemption regardless of whether she/they were/are paid
`an hourly rate equivalent to two times the applicable minimum wage.
`60.
`Defendant AMAZON and/or DOES failed to pay Plaintiff and all other
`employees similarly situated their earned and accrued overtime and/or minimum wages
`as required by California Labor Code §204, §510, §1194.
`61.
`Plaintiff alleges as a result of Defendant AMAZON’s and/or DOES’s actions
`and conduct as herein alleged Plaintiff has suffered an injury in fact and actual damage in
`the form of lost wages and money.
`62.
`Plaintiff alleges Defendant AMAZON’s and/or DOES’s conduct as herein
`alleged constitutes an unlawful business practice in violation of California Business &
`Professions Code §17200.
`63.
`Plaintiff alleges for herself and all other employees similarly situated that
`Defendant AMAZON and/or DOES engaged in the unlawful business practice herein
`alleged within four (4) years of the date of filing this action as specified in Cal. Bus. & Prof.
`Code §17208, and Defendant AMAZON continues to engage in the unlawful business
`practice(s) that are alleged in this complaint.
`
`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
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`EXHIBIT B
`PAGE 19
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`

`

`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.36 Page 15 of 17
`
`As a direct and proximate result of Defendant AMAZON’s and/or DOES’s
`64.
`unlawful business practice of violating California Labor Code §204, §510, and/or §1194, as
`herein alleged, Plaintiff and all other employees similarly situated are entitled to restitution
`of all unpaid wages and other benefits including interest thereon in an amount according
`to proof at trial so as to restore Plaintiff and all other employees to the money acquired by
`Defendant AMAZON’s and/or DOES’s from its unlawful business practice as herein
`alleged.
`Pursuant to California Business & Professions Code §17204, Defendant
`65.
`AMAZON and/or DOES should be enjoined from engaging in or continuing its unlawful
`business practice as herein alleged.
`66.
`As a further direct and proximate result of Defendant AMAZON’s and/or
`DOES’s actions as herein alleged Plaintiff was required to and did retain attorneys and
`other legal professionals to represent him and all other employees similarly situated in this
`action and because this action confers a substantial benefit on a large group of persons and
`enforces significant rights Plaintiff is entitled to an award of attorney fees and costs in
`accordance with C.C.P. §1021.5.
`
`IX.
`PRAYER FOR RELIEF
`
`Plaintiff BRIANA GALLARDO, for herself and all other similarly situated
`employees, hereby prays for the following relief:
`1.
`That this action be certified as a class action;
`2.
`For special and/or economic damages in an amount according to proof at
`
`trial;
`
`For restitution of Plaintiff’s and all similarly situated employees’ unpaid
`3.
`overtime and/or minimum wages including interest thereon as specified in California
`Labor Code §200, §204, §510, and/or §1194 for Defendant AMAZON’s and/or DOES’s
`violation of California Business & Professions Code §17200 in an amount according to
`proof at trial;
`
`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
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`EXHIBIT B
`PAGE 20
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`

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`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.37 Page 16 of 17
`
`For injunctive relief prohibiting Defendant AMAZON and/or DOES from
`4.
`continuing its alleged unlawful business practice pursuant to California Business &
`Professions Code §17204;
`5.
`For Plaintiff’s and all similarly situated employees’ unpaid wages including
`interest thereon for Defendant AMAZON’s and/or DOES’s violation of California Labor
`Code §200, §204, §510, and/or §1194, respectively, in an amount according to proof at trial;
`6.
`For Plaintiff’s and all similarly situated employees’ continuing wages as
`specified in California Labor Code §203 for Defendant AMAZON’s and/or DOES’s
`violation of California Labor Code §200, §204, §510, and/or §1194, respectively, in an
`amount according to proof at trial;
`7.
`For damages and/or penalties for Defendant AMAZON’s and/or DOES’
`failure to provide accurate wages statements/pay stubs in violation of California Labor
`Code §226 an amount according to proof at trial;
`8.
`For damages and/or penalties for Defendant AMAZON’s and/or DOES’
`failure to maintain records in violation of California Labor Code §226 and/or §1174 in an
`amount according to proof at trial;
`9.
`For attorney fees in an amount according to proof pursuant to California
`Labor Code §98, §218.5 and/or §1194.
`10.
`For costs of suit according to proof;
`11.
`For prejudgment interest according to proof; and
`12.
`For such other relief as may be fair just and equitable.
`
`Dated: January 13, 2022
`
`By,
`/s/ Robert A. Waller, Jr.
`ROBERT A. WALLER, JR.
`Attorneys for Plaintiff
`BRIANA GALLARDO, Individually and
`on behalf of all other employees similarly
`situated
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`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-15-
`
`EXHIBIT B
`PAGE 21
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`

`

`Case 3:22-cv-00297-LAB-AHG Document 1-3 Filed 03/04/22 PageID.38 Page 17 of 17
`
`X.
`DEMAND FOR JURY
`
`Plaintiff BRIANA GALLARDO for herself and all other employees similarly situated
`hereby demands a jury trial on each and every cause of action for which a jury trial is
`available.
`
`Dated: January 13, 2022
`
`By,
`/s/ Robert A. Waller, Jr.
`ROBERT A. WALLER, JR.
`Attorneys for Plaintiff
`BRIANA GALLARDO Individually and
`on behalf of all other employees similarly
`situated
`
`Gallardo v. Amazon.com Services LLC;
`CLASS ACTION COMPLAINT
`
`-16-
`
`1