GARY ROBINSON
C/o
EL CASTILLO
12000 Washington Blvd.
Los Angeles, CA
90066
310-398-0000
Plaintiff in Pro Per
SUPERIOR COURT OF CALIFORNIA
UNLimited Jurisdiction Court
COUNTY OF LOS ANGELES
Southwest District
Torrance Courthouse,
825 Maple Avenue, Torrance 90503
|
GARY ROBINSON, and on behalf of all other
similarly situated current and former employees of Skycar, Inc., or Laura L. Nelson dba Metropolitan Express (Metro) per Labor Code � 2699,
Plaintiff,
vs.
Skycar, Inc., Laura L. Nelson dba Metropolitan (Metro), Express and Does One through Fifty inclusive,
Defendants
|
)
)
)
)
)
)
)
)
)
) ) ) ) ) ) |
Case No.:
COMPLAINT FOR DAMAGES
(Labor Code violations:
Failure to Pay Minimum Wage and Overtime Compensation
in Violation of California Labor Code
' 1194 , 2699)
|
Plaintiff, Gary Robinson, alleges:
FIRST CAUSE OF ACTION
(Failure to Pay Minimum Wage and Overtime Compensation
in Violation of California Labor Code' 1194 , and penalties related to Labor Code �2699)
- Plaintiff Robinson is and at all times mentioned in this complaint was, a resident of Los Angeles County, California.
- Defendant Skycar, Inc. resides at 7135 W. Manchester Blvd., Los Angeles, CA 90045.
- Defendants Laura L. Nelson dba: Metro. Express resides at 8523 Flight Ave., Los Angeles, CA 90045.
- Plaintiff Robinson has worked for Skycar since February of 2001 to the present day as a driver.
- Defendant Skycar is an airport limousine service (TCP 7934).
- Defendant Metropolitan Express is also an airport transportation company that shuttles passengers to and from LAX in vans.
- Many of the assets of Skycar and Metropolitan Express are commingled. These include vehicles, TCP licenses , office space, insurance, and employees.
- Both businesses are family owned and operated with Laura L. Nelson, Ruth Kardashian, and Dona Kardashian associated with the ownership of assets and operations of the business.
- Skycar has a TCP license and is registered to work at LAX. None of the cars has a meter and the drivers are not allowed to pickup customers who have not been dispatched to them. Ninety-eight percent of the fares are to or from LAX. All customers are charged a flat fee.
- The only qualification for employment was a valid driver�s license and a clean DMV printout..
- Employee training consisted of riding along with another driver for one day
- Drivers worked either of two shifts: Morning shift ( 4:30 AM to 12:30 PM): Evening shift (12:30 PM to 12:30 AM): (note: the shift times vary bases on business for the day with overtime being common.)
- All of the drivers for both Skycar and Metro. Express are treated as independent contractors.
- Skycar drivers receive 45% of the fares less a $5 administrative fee and less cost of gasoline.
- On most days drivers received less than the California minimum wage excluding tips.
- Plaintiff�s average hourly compensation excluding gratuities was about $5 per hour.
- Plaintiffs frequently work overtime.
- Drivers are charged for damages to cars up to $500 per incident and may be terminated anyway.
- Drivers must deposit $500 to cover the cost of these damages. The deposit is collect at $5 per day until $500 is collected.
- Plaintiff broke a taillight and was charged $450.
- Management has told the drivers that they are independent contractors and are not eligible for unemployment or workers compensation.
- Management does not withhold for social security or SSI.
- Two former drivers were in disabling accidents while on the job, but did not receive workers compensation.
- Defendant Skycar, in the spring of 20003, attempted to change it�s employment relationship with Plaintiff�s by offering to sell Plaintiff�s the cars used by Skycar. Some, but not all of Skycar�s employee�s agreed to purchase the car�s. Skycar revoked the offer and decided to continue the operation with Skycar owning all of the cars.
- Plaintiffs do not know the true names or capacities of Defendants sued herein as Does 1 through 50, inclusive and will amend their Complaint toward the same as soon as ascertained
- Plaintiffs are informed and believe and, on that basis allege, that each of the fictitiously named Defendants were in some manner legally responsible for the unlawful actions, unlawful policies, and unlawful practices, including the refusal to pay minimum wage and overtime as required by California law.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS pray for judgment as follows:
1. For nominal damages;
2. For compensatory damages $10,999.00;
3. For restitution of all monies due to PLAINTIFFS, and disgorged profits from the
unlawful business practices of DEFENDANTS;
4. For waiting time penalties pursuant to Labor Code � 203;
5. For penalties pursuant to Labor Code �� 218.5, 218.6, 225.5, 226,510, 512, 558,
1194, 1194.2 and 2699;
6. For interest accrued to date;
7. For costs of suit and expenses incurred herein pursuant to Labor Code �� 218.5, 226,
and 1194;
8. For reasonable attorney�s fees pursuant to Labor Code �� 218.5, 226, and 1194;
9. For punitive and exemplary damages in an amount commensurate with Defendants�
ability to pay and sufficient to deter such conduct in the future.
10. For Labor Code � 2699 penalties, costs and fees.
11. For all such other and further relief that the Court may deem just and proper.
Respectfully submitted,
Dated 7-21-2004.
_________________________________
Gary Robinson