GARY ROBINSON

C/o

EL CASTILLO

12000 Washington Blvd.

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

Plaintiff, Gary Robinson, alleges:

1. Plaintiff Gary Robinson is the sole Plaintiff and at all times mentioned in this complaint was a resident of Los Angeles County, California.
2. Defendant SkyCar is headquarted at 7135 W. Manchester Blvd., Los Angeles, CA 90045.
3. Defendant Laura L. Nelson dba: Metro. Express resides at 8523 Flight Ave., Los Angeles, CA 90045.
4. Plaintiff Robinson worked for SkyCar since February of 2001 until August 2, 2004.
5. Defendant SKYCAR is an airport limousine service (TCP 7934).
6. Defendant Metro (TCP 4928) is also an airport transportation company that shuttles passengers to and from LAX in vans.
7. Plaintiff is informed and believes and thereupon alleges that many of the assets of Defendant Skycar and Defendant Metro are commingled. These include vehicles, TCP licenses, office space, insurance, and employees.
8. Both Defendant Skycar and Defendant Metro are family owned and operated with Defendant Laura L. Nelson, and Defendant Ruth Kardashian, associated with the ownership of assets and operations of the business
9. Defendant Skycar is registered to work at LAX. None of its cars has a meter and the drivers are not allowed to pickup customers who have not been dispatched to them. Ninety-eight percent more or less of the fares are to or from LAX. All customers are charged a flat fee.
10. The only qualification for employment was a valid driver�s license and a clean DMV printout.
11. Employee training consisted of riding along with another driver for one day
12. 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.)
13. The Plaintiff and all of the drivers for both Defendant Skycar and Defendant Metro are treated as independent contractors.
14. Skycar drivers receive 45% of the fares less a $5 administrative fee and less cost of gasoline.
15. On most days Plaintiff received less than the California minimum wage excluding tips.
16. Plaintiff�s average hourly compensation excluding gratuities was about $5 per hour the precise amount to be determined at trial.
17. Plaintiff frequently worked more than eight hours in a day.
18. Drivers are charged for damages to cars up to $500 per incident and may be terminated anyway.
19. Drivers must deposit $500 to cover the cost of these damages. The deposit is collected at $5 per day until $500 is collected.
20. Plaintiff broke a taillight and was charged $450. Said breakage was neither intentional nor involved gross negligence.
21. Management has told the drivers that they are independent contractors and are not eligible for unemployment or workers compensation benefits.
22. Management did not withhold for social security or SSI.
23. Two former drivers were in disabling accidents while on the job, but did not receive workers compensation.
24. Defendant Skycar, in the spring of 20003, attempted to change its 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.
25. Plaintiff does 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
26. Plaintiff is informed and believes and, on that basis alleges, 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.
27. Defendants Skycar (SKYCAR) is a business organization form unknown.
28. Plaintiff is informed and believes and thereupon alleges that Defendant Skycar, Inc. is a corporation; that defendant SKYCAR is a partnership; that Defendant Ruth Kardashian is a partner of SKYCAR; that Defendant Ruth Kardashian is a sole proprietor doing business as SKYCAR; that Defendant Laura L. Nelson is a partner of SKYCAR; that Defendant Laura L. Nelson is a sole proprietor doing business as SKYCAR; that Defendant Laura L. Nelson is a sole proprietor doing business as Metropolitan Express (METRO).
29. Defendant METRO is headquarted at 7135 W. Manchester Blvd., Los Angeles, CA 90045.
30. SKYCAR and METRO drivers have received EITHER W-2�s or 1099�s.

FIRST CAUSE OF ACTION

(Failure to pay minimum and overtime wages, Labor Code ��1094, 510, & 1197)

31. The allegations of Paragraphs 1 through 30 are incorporated herein as though fully set forth.
32. All work done by Plaintiff for SkyCar was as an employee of Defendant Skycar.
33. The laws of the State of California require an employer, such as Defendant, to pay minimum wage and overtime compensation to all non-exempt employees. Plaintiff was an employee and not exempt from overtime pay requirements under California law.
34. Plaintiff was not exempt from the right to receive overtime pay under California law and was not exempt from the requirement that his employer pay him overtime compensation under California law. Plaintiff was always and employee and did not have at any time under any exemption from the requirement that their employer pay overtime compensation under California law. Plaintiff is entitled to be paid minimum wage and overtime compensation for all overtime hours worked.
35. Defendants have failed and refused to pay Plaintiff the minimum wage and overtime compensation owed to the Plaintiff for hours worked as required by California wage and hour laws.
36. As a result of the actions of Defendants in failing and refusing to pay overtime compensation, the Plaintiff was damaged by not receiving overtime compensation, which he should have received, but did not receive. Plaintiff is entitled to compensation for unpaid overtime, together with pre-judgment interest.
37. Plaintiff is entitled to receive an award of reasonable attorneys� fees and costs pursuant to Labor Code '1194.

SECOND CAUSE OF ACTION

(Declaratory Relief to Hold Defendant�s Laura Nelson and/or Ruth Kardashian liable for the legal obligation of SkyCar, Inc.)

38. The allegations of Paragraphs 1 through 37 are incorporated herein as though fully set forth.
39. California law holds that "where the recognition of the fiction of separate corporate existence would foster an injustice or further a fraud the courts will refuse to recognize it"
40. SKYCAR and METRO both operate out of the same room at 7135 W. Manchester Blvd., Los Angeles, CA 90045.
41. Defendant Skycar in 2004 started using Defendant Metro�s TCP license.
42. Plaintiff is informed and believes and thereupon alleges that Defendant Skycar, has failed to meet the formal requirements of the California Corporate law to maintain its status as a separate legal entity, its limited liability status and other separate entity privileges.
43. Plaintiff is informed and believes and thereupon alleges that Defendant SkyCar Inc. is no longer a separate legal entity, and that there is no legal separation between Defendant SkyCar Inc. and Defendant Laura Nelson and/or Defendant Ruth Kardashian.
44. Plaintiff is informed and believes and thereupon alleges that Defendant Laura Nelson is using Defendant SkyCar Inc�s. assets while using its limited liability status as a shield for the purpose of evading creditors and other legal obligation.

THIRD CAUSE OF ACTION

(Civil Penalties under the Private Attorney General Act of 2004, Labor Code �2699)

45. The allegations of Paragraphs 1 through 44 are incorporated herein as though fully set forth.
46. California Labor Code �2699(f)(2) provide that "If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation."
47. Plaintiff is informed and believes and thereupon alleges that Defendant Skycar has violated the following Labor code sections as references in Labor Code �2699.5: 98.6, 201, 202, 203, 208, 221, 222, 223, 226, 226.7, 232, 232.5, 351, 353, 403, 404(b), 510, 512, 1174(c), & (d), 1094, 1197, and 1199.
48. Facts proving the above said violations are contained herein.

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.

11. For all such other and further relief that the Court may deem just and proper.

Respectfully submitted,

Dated ______________ _________________________________