case 5:19-cv-00790-vkd document 1-1 filed 02/13/19 page 1 of 25€¦ · shaun setareh, 315 south...

Case 5:19-cv-00790-VKD Document 1-1 Filed 02/13/19 of 25

Notice of Service of Processnull / ALL

Transmittal Number: 19233893Date Processed: 01/17/2019

Primary Contact: Debbie CramletDeluxe Corporation3680 Victoria St NShoreview, MN 55126-2906

Electronic copy provided to: Michelle Weinberg Melissa Wisher

Entity: Deluxe CorporationEntity ID Number 3216157

Entity Served: Deluxe Corporation

Title of Action: James M. Mansapit vs. Deluxe Corporation

Document(s) Type: Summons/Complaint

Nature of Action: Class Action

Court/Agency: Santa Clara County Superior Court, CA

Case/Reference No: 19CV340921

Jurisdiction Served: California

Date Served on CSC: 01/16/2019

Answer or Appearance Due: 30 Days

Originally Served On: CSC

How Served: Personal Service

Sender Information: Shaun Setareh310-888-7771

Information contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). It does notconstitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action.

To avoid potential delay, please do not send your response to CSC251 Little Falls Drive, Wilmington, Delaware 19808-1674 (888) 690-2882 | [email protected]


NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. as the person sued under the fictitious name of (specify):

3. ® on behalf of (specify): Deluxe Corporation, a Minnesota corporation

under: ® CCP 416.10 (corporation) 0 CCP 416.60 (minor)

0 CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)

~ CCP 416.40 (association or partnership) CCP 416.90 (authorized person)

= other (specify): 4. 0 by personal delivery on (date):

Code of Civil Procediae §§ 412.20, 465 www.courNnfo.a.gov

Form Atloptetl for Mandatory Use JOdi(7al Cnundl of Califomla SUM-100 [Rev. July 1, 20091

SUMMONS

S U M MO NS ~~ ,E

F{O~R COURT USE ONLY

r"" (CITACION JUDIC/AL) E- 9A USO DE LA CORTE)

1/14/2019 5:45 PM NOTICE TO DEFENDANT: ' Clerk of COurt (AVISO AL DEMANDADO): DELUXE CORPORATION a Minnesota corporation; DELUXE Superior Court of CA, CHECK P TEff ,S a Minnesota corporation; and DOES 1 through County of Santa Clara 50, inclusive, 19CV340921 YOU ARE BEING SUED BY PLAINTIFF: Reviewed By: R. Walker (LO ESTA DEMANDANDO EL DEMANDANTE):

JAMES M. MANSAPIT, on behalf of himself, all others similarly Envelope: 2376711

situated,

NOTICEI You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below.

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the ptaintiff. A letter or phone call will not protect you. Your written response rnust be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information al the Cardomia Courts Online Setf-Heip Center (www.courtinfo.ca.gov/selthelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waNer form. If you do not file your response on Gme, you may lose the case by default, and your wages, money, and property may be taken without further waming from the court.

There are other iegal requirements. You may want to call an attomey right away. If you do not know an attomey, you may want to call an attomey referral service. If you cannot afford an attomey, you may be et(gible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the Califomia Legal Services Web site (www.lawhelpcardomia.org), the Califomia Courts Online 8eff-Help Center (www.courtinfo.ca.gov/sellhelp), or by contading your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. 1AV/S01 Lo han demandado. Si no responde dentro de 30 dias, la corte puede dec7dfren su contra sin escucharsu versibn. Lea la informacibn a continuaci6n.

Tiene 30 DIAS DE CALENDARIO despuds de que le entreguen esta cftacl6n y papeles legales para presentar una respuesta por escrtto en esta corte y hacer que se entregue una copfa al demandante. L/na carta o una l/amada felef6nica no lo protegen. Su rospuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en /a corte. Es posible que haya un formulado que usted pueda usar para su respuesta. Puede encontrar estos fonnularfos de la corte y mSs informacibn en el Cenfro de Ayuda de las Cortes de Ca/ifomia (www.sucorte.ca.gov), en la bibliotece de leyes de su condado o en la corte que !e quede mAs cerca. Sf no puede peger la cuota de presentacl6n, pida al secrelario de la corte que le dA un formulario de exenci6n de pago de cuotas. Si no presenta su respuesta a tiempo, puede penier el caso por incumplimiento y la corte le podrra quitar su sueldo, dinero y bienes sin m3s advettencia.

Hay otros n;quisitos lega/es. Es n;comendable que Ifame a un abogado inmedlatamente. Si no conoce a un abogado, puede llamar a un servk/o de remisl6n a abogados. Si no puede pagar a un abogado, es.posib/e que cump/a con los requistlos para obtener servfclos legales gratultos de un programa de servicios legales sfn Tnes de lucro. Puede encontrar estos grupos sin lrnes de lucro en el sitio web de Califomfa Legal Serviees, 6vww.lawhelpca1ifomia.org), en e/ Centro de Ayuda de las Cortes de Califomia, 6&rowv.sucorte.ca.gov) a poni8ndose en contacto con la corte o el colegio de abogados locales. AVISO: Por /ey, /a corte tiene derecho a reclamer las cuotas y los co.stos exentos por imponer un gravamen sobre cualquier r+ecuperacl6n de $10,000 6 mgs de valor mcfbida mediante un acuerdo o una concesl6n de arbifraje en un caso de derecho civiL Tiene que pagar el gravamen de la corte antes de que la corte pueda desechar el caso.

The name and address of the court is: I cnsE o~

(El nombre y dfrecci6n de la corte es): Downtown Superior Court ~SM40921

191 North First Street San Jose, California 95113

The name, address, and telephone number of plaintiffs attomey, or piaintiff without an attorney, is: (El nombn:, la direccl6n y el numero de tel6fono del abogado del demandante, o del demandante que no tiene abogado, es):

Shaun Setareh, 315 South Beverly Drive, Ste 315, Beverly Hills, CA 90212 (310)888-7771

DATE: 1/14/2019 5:45 PM Clerk of Court clerk, by R. Walker Deputy (Fecha) (Secretario) (Adjunto)

(For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citati6n use e! formulario Proof of Senrice of Summons, (POS-010)).


0

E-FILED 1 /14/2019 5:45 PM Clerk of Court Superior Court of CA, County of Santa Clara 19CV340921 Reviewed By: R. Walker

1 Shaun Setareh (SBN 204514) [email protected]

2 H. Scott Leviant (SBN [email protected]

3 William M. Pao (SBN 219846) [email protected]

4 SETAREH LAW GROUP 315 South Beverly Drive, Suite 315

5 Beverly Hills, California 90212 Telephone (310) 888-7771

6 Facsimile (310) 888-0109

7 Attorneys for Plaintiff JAMES M. MANSAPIT

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13 JAMES M. MANSAPIT, on behalf of himself, all others similarly situated,

14 Plaintiff.

15 vs.

16 DELUXE CORPORATION, a Minnesota

17 corporation; DELUXE CHECK PRINTERS, a Minnesota corporation; and DOES 1 through

18 50, inclusive,

19 Defendants.

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CaSeNo.19CV340921

CLASS ACTION

COMPLAINT

1. Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (Fair Credit Reporting Act);

2. Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681 g(c) (Fair Credit Reporting Act);

3. Violation of Califomia Civil Code § 1786 et

seq. (Investigative Consumer Reporting Agencies Act);

4. Violation of California Civil Code § 1785 et

seq. (Consumer Credit Reporting Agencies Act);

5. Unfair Competition (Bus. & Prof. Code §§ 17200 et seq.)

JURY TRIAL DEMANDED

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SANTA CLARA

UNLIMITED JURISDICTION

CLASS ACTION COMPLAINT


1 COMES NOW, Plaintiff JAMES M. MANSAPIT ("Plaintiff'), on behalf of himself, all

2 others similarly situated, complains and alleges as follows:

3 INTRODUCTION

4 1. Plaintiff brings this class action against defendants DELUXE CORPORATION, a

5 Minnesota corporation; and DELUXE CHECK PRINTERS, a Minnesota corporation; and DOES 1

6 through 100, inclusively (collectively referred to as "Defendants") for alleged violations of the Fair

7 Credit Reporting Act ("FCRA") and similar California laws.

8 2. Plaintiff alleges that Defendants routinely acquire consumer, investigative consumer

9 and/or consumer credit reports (referred to collectively as "credit and background reports") to

10 conduct background checks on Plaintiff and other prospective, current and former employees and

11 use information from credit and background reports in connection with their hiring process without

12 providing proper disclosures and obtaining proper authorization in compliance with the law.

13 3. Plaintiff, individually and on behalf of all others similarly situated current, former

14 and prospective employees, seeks compensatory and punitive damages due to Defendants'

15 systematic and willful violations of the FCRA (15 U.S.C. §§ 1681 et seq.), the California

16 Investigative Consumer Reporting Agencies Act ("ICRAA") (Cal. Civ. Code § 1786 et seq.); and

17 the California Consumer Credit Reporting Agencies Act ("CCRAA") (Cal. Civ. Code § 1785, et

18 seq.).

19 .TURISDICTION AND VENUE

20 4. This Court has subject matter jurisdiction to hear this case because Plaintiff is

21, informed and believes, and thereupon alleges that the monetary damages and restitution sought

22 , herein for Defendants' conduct exceeds the minimal jurisdictional limits of the Superior Court.

23 5. Venue is proper in Santa Clara County pursuant to Code of Civil Procedure sections

24 395(a) and 395.5 in that liability arose in the county because at least some of the transactions that

25 are the subject inatter of this Complaint occurred therein and/or each defendant is found, maintains

26 offices, transacts business and/or has an agent therein.

27I 6. Venue is proper in Santa Clara County because Defendants' principal place of

28 i business is in Minnesota, is incorporated under the laws of Minnesota, does business in Santa Clara



1 County, and has not registered a California place of business with the California Secretary of State.

2 As such, venue is proper in any county in California.

3 PARTIES

4 7. Plaintiff is, and at all relevant times mentioned herein, an individual residing in the

5 I State of California.

6 8. Plaintiff is informed and believes, and thereupon alleges that Defendant DELUXE

7 CORPORATION is, and at all relevant times mentioned herein, a Minnesota corporation doing

8 business in the State of California.

9 9. Plaintiff is informed and believes, and thereupon alleges that Defendant DELUXE

10 CHECK PRINTERS is, and at all relevant times mentioned here, a Minnesta corporation doing

11 business in the State of California.

12 10. Plaintiff is ignorant of the true names, capacities, relationships, and extent of

13 participation in the conduct alleged herein, of the defendants sued as DOES 1 through 100,

14 inclusive, but is informed and believes and thereupon alleges that the defendants are legally

15 responsible for the wrongful conduct alleged herein and therefore sues these defendants by such

16 fictitious names. Plaintiff will amend the Complaint to allege the true names and capacities of the

17 DOE defendants when ascertained.

18 11. Plaintiff is informed and believes and thereupon alleges that, at all relevant times

19 mentioned herein, all defendants were the agents, employees and/or servants, masters or employers

20 of the remaining defendants, and in doing the things hereinafter alleged, were acting within the

21 course and scope of such agency or employment, and with the approval and ratification of each of

22 the other defendants.

23 12. Plaintiff alleges that each and every one of the acts and omissions alleged herein

24 were performed by and/or attributable to all defendants, each acting as agents and/or employees,

25 and/or under the direction and control of each of the other defendants, and that the alleged acts and

26 failures to act were within the course and scope of the agency, einployment and/or direction and

27 control.

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CLASS ALLEGATIONS

13. This action is brought and may be maiiitained as a class action pursuant to Code of

Civil Procedure section 382 because there is a well-defined community of interest among the

I I persons who comprise the readily ascertainable classes defined below and because Plaintiff is

I I unaware of any difficulties likely to be encountered in managing this case as a class action.

14. Class DeFinitions: The classes are defined as follows:

FCRA Class: All of Defendants' current, former and prospective applicants for employment in the United States who applied for a job with Defendants at any time during the period for which a background check was performed beginning five years prior to the filing of this action and ending on the date that final judgment is entered in this action.

ICRAA Class: All of Defendants' current, former and prospective applicants for employment in California, at any time during the period beginning five years prior to the filing of this action and ending on the date that final judgment is entered into this action.

CCRAA Class: All of Defendants' current, former and prospective applicants for employment in California, at any time during the period beginning seven years prior to the filing of this action and ending on the date that final judgment is entered in this action.

15. Reservation of Ri2hts: Pursuant to Rule of Court 3.765(b), Plaintiff reserves the

I right to amend or modify the class definitions with greater specificity, by further division into sub-

classes and/or by limitation to particular issues.

16. Numerosity: The class members are so numerous that the individual joinder of each

individual class member is impractical. While Plaintiff does not currently know the exact number

of class members, Plaintiff is infonmed and believes that the actual nuinber exceeds the minimum

required for numerosity under California law.

17. Commonality and Predominance: Common questions of law and fact exist as to

I all class members and predominate over any questions which affect only individual class members.

These questions include, but are not limited to:

A. Whether Defendants failed to comply with the requirements of 15 U.S.C. §

7001 section 101(c)(1);

B. Whether Defendants willfully failed to provide the class with stand-alone

written disclosures before obtaining a credit or background report in


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compliance with the statutory inandates;

C. Whether Defendants willfully failed to identify the name, address, telephone

number, and/or website of the investigative consumer reporting agency

conducting the investigation;

D. Whether Defendants willfully failed to identify the source of the credit report

to be performed;

E. Whether Defendants willfully failed to comply with the FCRA, ICRAA

and/or the CCRAA.

18. Typicality: Plaintiff's claims are typical of the other class members' claims.

Plaintiff is informed aiid believes and thereupon alleges that Defendants have a policy, practice or

lack of a policy or practice which resulted in Defendants failing to comply with the FCRA, ICRAA

I and CCRAA as alleged herein.

19. Adeguacy of Class Renresentative: Plaintiff is an adequate class representative in

that she has no interests that are adverse to, or otherwise in conflict with, the interests of the absent

class members. Plaintiff is dedicated to vigorously prosecuting this action on behalf of class

members. Plaintiff will fairly and adequately represent and protect the interests of class members.

20. Adeguacy of Class Counsel: Plaintiff's counsel are adequate class counsel in that

they have no known conflicts of interest with Plaintiff or absent class members, are experienced in

I class action litigation and are dedicated to vigorously prosecuting this action on behalf of Plaintiff

I and absent class members.

21. Suneriority: A class action is vastly superior to other available means for fair and

efficient adjudication of class members' claims and would be beneficial to the parties and the Court.

Class action treatment will allow a number of similarly situated persons to be simultaneously and

efficiently prosecute their common claims in a single forum without the unnecessary duplication of

effort and expense that numerous individual actions would entail. In addition, the monetary

I amounts due to many individual class members are likely to be relatively small and would therefore I

~ make it difficult, if not impossible, for individual class members to both seek and obtain relief.

I Moreover, a class action will serve an important public interest by permitting class members to



1 effectively pursue the recovery of inonies owed to thern. Further, a class action will prevent the

2 potential for inconsistent or contradictory judgments inherent in individual litigation.

3 GENERAL ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

4 22. Plaintiff worked for Defendants as a non-exempt, hourly employee from

5 I approximately March 2, 2016 through January 4, 2018.

6 23. When Plaintiff applied for employment, Defendants performed a background

7 I investigation on Plaintiff.

8 24. Defendants did not furnish Plaintiff a background check disclosure form that

9 I contained "solely" of the disclosure.

10 FIRST CAUSE OF ACTION

11 FAILURE TO PROVIDE PROPER DISCLOSURE IN VIOLATION OF THE FCRA

12 (15 U.S.C. §§ 1681b(b)(2)(A))

13 (Plaintiff and FCRA Class Against All Defendants)

14 25. Plaintiff incorporates the preceding paragraphs of this Complaint as if fully alleged

15 I herein.

16 26. Defendants are "persons" as defined by Section 1681a(b) of the FCRA.

17 27. Plaintiff and class members are "consumers" within the meaning of Section 1681a(c)

18 of the FCRA because they are "individuals."

19 28. Section 1681a(d)(1) of the FCRA defines "consumer report" as:

20 "The term "consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit

21 worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in

22 whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for—

23 (A) credit or insurance to be used primarily for personal, family, or household

24 purposes;

25 (B) employment purposes; or

26 (C) any other purpose authorized under section 1681b of this title."

27 Accordingly, a credit and background report qualifies as a consumer report.

28 29. Section 1681a(e) of the FCRA defines "investigative consumer report" as:



"The term `investigative consumer report' means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews witli neighbors, friends, or associates of the consumer reported on or with otliers with whom he is acquainted or who may have knowledge concerning any such iteins off information. However, such information shall not include specific factual

4 information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such infonnation was obtained

5 directly from a creditor of the consumer or from the consumer."

6 Accordingly, a credit and background report qualifies as an investigative consumer report.

7 30. Section 1681b(b)(2)(A) of the FCRA provides:

8 Conditions for furnishing and using consumer reports for employment purposes Except as provided in subparagraph (B), a person may not procure a consumer

9 report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless—

10 (i) A clear ay:d conspicuous disclosure has been made in writing to the

11 consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report

12 may be obtained for employment purposes; and

13 (ii) The consumer has authorized in writing (which authorization may.be made on the document referred to in clause (i)) the procurement of the report by

14 that person. (Emphasis added.)

15 31. Section 168 1 b(b)(2)(A)(i) requires that a clear and conspicuous disclosure be made

16 in writing.

17 32. Because Defendants' disclosures do not meet the requirement of 15 U.S.C. section

18 7001(c), the disclosures do not satisfy the written requirement.

19 33. Plaintiff alleges, upon information and belief, that in evaluating her and other class

20 I members for employment, Defendants procured or caused to be procured credit and background

21 reports (i.e. a consuiner report and/or investigative consumer report as defined by 15 U.S.C. section

22 1681a(d)(1)(B) and 15 U.S.C. section 1681a(e)).

23 34. The purported disclosures do not meet the requirements under the law because they

24 I I are embedded with extraneous information, and are not clear and unambiguous disclosures in stand-

25 alone documents.

26 35. Under the FCRA, it is unlawful to procure or caused to be procured, a consumer

27 11 report or investigative consumer report for employment purposes unless the disclosure is made in a

28 document that consists solely of the disclosure and the consumer has authorized, in writing, the

2

CLASS ACTION COMPLAIN'T


procureinent of the report. (15 U.S.C. § 1681b(b)(@0(A0(0-(i1).) The inclusion of a release and

21 other extraneous infonnation therefore violates section 1681 b(b)(2)(A) of the FCRA.

3 36. Although the disclosure and authorization may be combined in a single document,

4, I the Federal Trade Commission ("FTC") has warned that the form should not include any extraneous

5I information or be part of another document. For example, in response to an inquiry as to whether

6 I the disclosure may be set forth within an application for employinent or whether it must be included

7 I in a separate document, the FTC stated:

"The disclosure may not be part of an employment application because the language [of 15 U.S.C. section 1681b(b)(2)(A) is] intended to ensure that it appears

9 conspicuously in a document not encumbered by any other information. The reason for requiring that the disclosure be in a stand-alone document is to prevent

10 consumers from being distracted by other information side-by-side within the disclosure."

]ll

12 37. The plain language of the statute also clearly indicates that the inclusion of a liability

13 release in a disclosure form violates the disclosure and authorization requirements of the FCRA,

14 because such a form would not consist "solely" of the disclosure. In fact, the FTC expressly warned

15 that the FCRA notice may not include extraneous information such as a release. In a 1998 opinion

16 I letter, the FTC stated:

17 "[W]e note that your draft disclosure includes a waiver by the consumer of his or her rights under the FCRA. The inclusion of such a waiver in a disclosure form will

18 violate section 604(b)(2)(A) of the FCRA, which requires that a disclosure consist `solely' of the disclosure that a consumer report may be obtained for employment

19 purposes."

20 38. In a report dated July 2011, the FTC reiterated that "the notice [under 15 U.S.C.

21 section 1681b(b)(2)(A))] may not include extraneous or contradictory information, such as a request

22 for a consumer's waiver of his or her rights under the FCRA."

23 39. By including a release and other extraneous information, Defendants willfully

24 I disregarded the FTC's regulatory guidance and violated section 168 1 b(b)(2)(A) of the FCRA.

25 Additionally, the inclusion of the extraneous provisions causes the disclosure to fail to be "clear and

26 conspicuous" and "clear and accurate" and therefore violates sections 168 1 b(b)(2)(AO and

27 1681 d(a).

28 40. Defendants' conduct in violation of section 168 1 b(b)(2)(A) of the FCRA was and is



1 I willful. Defendants acts in deliberate or reckless disregard of their obligations and the rights of

2 applicants and employees, including Plaintiff and class members. Defendants' willful conduct is

3 reflected by, among other things, the following facts:

4 A. Defendants are a large corporation with access to legal advice;

5 B. Defendants required a purported authorization to perform credit and

6 background checks in the process of employing the class members which,

7 although defective, evidences Defendants' awareness of and willful failure to

8 follow the governing laws concerning such authorizations;

9 C. The plain language of the statute unambiguously indicates that inclusion of a

10l liability release and other extraneous information in a disclosure form

11 I violates the disclosure and authorization requirements; and

12 D. The FTC's express statements, pre-dating Defendants' conduct, which state

13 that it is a violation of section 1681b(b)(2)(A) of the FCRA to include a

14 liability waiver in the disclosure form.

15 41. Defendants required a liability release in the disclosure form, along with other

16 extraneous information, that releases all parties involved from any liability and responsibility for

17 releasing information they have about the Plaintiff to Defendants.

18 42. Based upon the facts likely to have evidentiary support after a reasonable

19 opportunity to further investigation and discovery, Plaintiff alleges that Defendants have a policy

20 and practice of procuring investigative consumer reports or causing investigative consumer reports

21 to be procured for applicants and employees without informing them of their right to request a

22 summary of their rights under the FCRA at the same tiine as the disclosure explaining that an

23 investigative consumer report may be made. Pursuant to that policy and practice, Defendants

24 procured investigative consumer reports or caused investigative consumer reports to be procured for

25 Plaintiff and class members, as described above, without informing class members of their rights to

26 request a written summary of their rights under the FCRA.

27 43. Accordingly, Defendants willfully violated and continue to violate the FCRA,

28 including but not limited to, sections 1681 b(b)(2)(A) and 1681d(a). Defendants' willful conduct is



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1 I reflected by, arnong otlier things, the facts set forth above.

2 44. As a result of Defendants' unlawful procurement of credit and background reports by

3 way of their inadequate disclosures, as set forth above, Plaintiff and class inembers have been

4 injured, including but not limited to, having their privacy and statutory rights invaded in violation of

5 I the FCRA.

6 45. Plaintiff, on behalf of himself and all class members, seek all available reinedies

I pursuant to 15 U.S.C. section 1681n, including statutory damages and/or actual damages, punitive

damages, injunctive and equitable relief and attorneys' fees and costs.

46. In the alternative to Plaintiff's allegation that these violations were willful, Plaintiff

alleges that the violations were negligent and seeks the appropriate remedy, if any, under 15 U.S.C.

section 1681 o, including statutory damages and attorneys' fees and costs.

SECOND CAUSE OF ACTION

FAILURE TO GIVE PROPER SUMMARY OF RIGHTS IN VIOLATION OF TIIE FCRA

, (15 U.S.C. § 1681d(a)(1) and 1681g(c))

(Plaintiff and FCRA Class Against All Defendants)

47. Plaintiff incorporates the preceding paragraphs of this Complaint as if fully alleged

I herein.

48. Section 1681d(a) states:

(a) Disclosure of fact of preparation A person may not procure or cause to be prepared an investigative consumer report on any consumer unless—

(1) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, which are applicable, may be made, and such disclosure

(A) is made in a writing mailed, or otherwise delivered, to tlTe consumer, not later than three days after the date on which the report was first requested, and

(B) includes a statement infornzing the consumer of his right to request tlie additional disclosures provided for under subsection (b) of this section and the written sun:mary of the rights of the consumer prepared pursuant to section 1681g(c) of this title; and

(Emphasis added.)



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49. Section 1681d(b) states:

(b) Disclosure on request of nature and scope of investigation Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection (a)(1), make a complete and accurate disclosure of the itature and scope of tl:e investigation requested. This disclosure shall be made in a writing mailed, or after the date on which the request for such disclosure was received from the consuiner or such report was first requested, whichever is the later. (Emphasis added.)

50. As previously alleged, because Defendants' disclosures do not meet the requirement

of Section 101(c)(1) of 15 U.S.C. section 7001, the disclosures do not satisfy the written

requirement.

51. Moreover, even if Defendants' disclosures are deemed to satisfy Section 101(c)( I),

Defendants did not comply with Section 168 1 d(a)(1)(b) because the disclosures fail to inform the

consumer of the riglit to have the person who procured the report provide a complete and accurate

disclosure of the nature and scope of the investigation requested.

52. Section 1681 g(c) further provides for summary of rights to obtain and dispute

information in consumer reports and to obtain credit scores:

(c) Summary of rights to obtain and dispute information in consumer reports and to obtain credit scores

(1) Commission Summary of rights required

(A) In general The Commission shall prepare a model summary of the rights of consumers under this subchapter.

(B) Content of summary The surnmary of rights prepared under subparagraph (A) shall include a description of—

(i) the right of a consumer to obtain a copy of a consumer report under subsection (a) from each consumer reporting agency;

(ii) the frequency and circumstances under which a consuiner is entitled to receive a consumer report without charge under section 1681 j of this title;

(iii) the right of a consurner to dispute information in the file of the consumer under section 1681 i of this title;

(iv) the right of a consumer to obtain a credit score from a consumer



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reporting agency, and a description of how to obtain a credit score;

(v) the inethod by which a consuiner can contact, and obtain a consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau prescribed under section 211(c) of the Fair and Accurate Credit Transactions Act of 2003; and

(vi) the metliod by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency described in section 1681a(w) of this title, as provided in the regulations of the Bureau prescribed under section 1681j(a)(1)(C) of this title.

53. Defendants did not comply with 1681 g(c)(B)(1) because the disclosures did not state

the right of a consumer to obtain a copy of a consumer report from each consumer reporting agency.

54. Defendants did not comply with 1681g(c)(B)(2) because the disclosure did not state

the frequency and circumstances under which a consuiner is entitled to receive a consumer report

without charge.


the right of a consumer to dispute information in the file of the consumer.

56. Defeiidants did not comply with 1681 g(c)(B)(4) because the disclosure did not state

the right of a consumer to obtain a credit score from a consumer reporting agency and a description

of how to obtain a credit score.


the method by which a consumer can contact, and obtain a consumer report from, a consumer

reporting agency without charge.

58. Defendants did not comply with 1681 g(c)(B)(6) because the disclosure did not state

the method by which a consumer can contact, and obtain a consumer report from, a consumer

reporting agency described in section 1681 a(w) of this title, as provided in the regulations of the

Bureau prescribed under section 1681 j(a)(1)(C) of this title.

THIRD CAUSE OF ACTION

FAILURE TO MAKE PROPER DISCLOSURE IN VIOLATION OF TIIE ICRAA

(Cal. Civ. Code §§ 1786 et seq.)

(Plaintiff and ICRAA Class Against All Defendants)

59. Plaintiff incorporates the preceding paragraphs in the Complaint as if fully alleged



herein.

2 60. Defendants are "persons" as defined by section 1786.2(a) of the ICRAA.

61. Plaintiff and ICRAA Class members are "consumers" within the meaning of section

4I 1 1786.2(b) of the ICRAA because they are "individuals."

62. Section 1786.2(c) of the ICRAA defines "investigative consumer report" as:

6 "The term investigative consumer report means a consumer report in which information on a consumer's character, general reputation, personal characteristics,

7 or mode of living is obtained through any means."

8 63. Accordingly, a background check qualifies as an investigative consuiner report under

9 the ICRAA.

10 64. Section 1786.16(a)(2) of the ICRAA provides:

11 (2) If, at any time, an investigative consumer report is souglit for employrnent

12 purposes other than suspicion of wrongdoing or misconduct by the subject of the investigation, the person seeking the investigative consumer report may procure

13 the report, or cause the report to be made, only if all of the following apply:

14 (A) The person procuring or causing the report to be made has a permissible purpose, as defined in Section 1786.12.

15 (B) The person procuring or causing the report to be made provides a clear and

16 conspicuous disclosure in writing to the consumer at any time before the report is procured or caused to be made in a document that consists solely of

17 tl:e disclosure, that:

18 (i) An investigative consumer report may be obtained.

19 (ii) The permissible purpose of the report is identified.

20 (iii) The disclosure may include information on the consumer's character, general reputation, personal characteristics, and mode of living.

21 (iv) Identifies the name, address, and telephone nunaber of the investigative

22 consumer reporting aget:cy conducting the investigation.

23 (v) Notifies the consumer in writing of the nature and scope of the investigation requested, including a summary of the provisions of Section

24 1786.22.

25 (vi) Notifies the consumer of tlze Internet Web site address of the investigative consumer reporting agency identified in clause (iv), or, if

26 the agency has no Internet Web site address, the telephone number of the agency, where the consumer may find information about the

27 investigative reporting agericy's privacy practices, including whether the consumer's personal information will be sent outside the United States or

28 its territories and information that complies with subdivision (d) of Section



1 1786.20. This clause shall be operative on January 1, 2012.

2 (C) The consumer has authorized in writing the procureinent of the report.

3 (Einphasis added.)

4 65. As previously alleged, because Defendants' disclosures do not meet the requirements

5 of section 101(c)(1) of 15 U.S.C. section 7001, the disclosures do not satisfy section 1786.16(a)(2)

6 I of the ICRAA requirement that the disclosures be made in writing.

7 66. As described above, Plaintiff alleges that in evaluating her and otlier class members

8' for employment, Defendants procured or caused to be prepared investigative consumer report (e.g.

9 background checks) as described by Civil Code section 1786.2(c).

10 67. Because the purported disclosures are embedded with extraneous information and

11 I are not clear and unambiguous disclosures in stand-alone documents, they do not meet the

12. requirements under the law.

13 68. Under the ICRAA, it is unlawful to procure or caused to be procured, a consumer

14 I report or investigative consumer report for employment purposes unless the disclosure is made in a

15 document that consists solely of the disclosure and the consumer has authorized, in writing, the

16 procurement of the report. Cal. Civ. Code § 1786.16(a)(2)(B)-(C). The inclusion of a Release and

17 other extraneous infonnation therefore violates section 1786.16(a)(2)(B) of the ICRAA.

18 69. The plain language of the statute clearly indicates that the inclusion of a liability

19 release in a disclosure form violates the disclosure and authorization requirements of the ICRAA

20 because such a form would not consist "solely" of the disclosure.

21 70. By including the Release and other extraneous information, Defendants willfully

22 violated section 1786.16(a)(2)(B) of the ICRAA. Additionally, the inclusion of the extraneous

23 provisions causes the disclosure to fail to be "clear and conspicuous" and thus violates section

24 1786.16(a)(2)(B).

25 71. Based upon facts that are likely to have evidentiary support after a reasonable

26 opportunity for investigation and discovery, Plaintiff alleges that Defendants have a policy and

27 practice of failing to provide adequate written disclosure to applicants and employees, before

28 procuring background checks or causing background checks to be procured, as described above.



1 Pursuant to that policy and practice, Defendants procured background checks or caused background

2 checks to be procured for Plaintiff and class members without first providing a writteii disclosure in

3 compliance with section 1786.16(a)(2)(B) of the ICRAA, as described above.

4 72. Defendants' conduct in violation of Section 1786.16(a)(2)(B) of the ICRAA was and

5 is willful and/or grossly negligent. Defendants acted in deliberate or reckless disregard of their

6 obligations and the rights of applicants and employees, including Plaintiff and class members.

7 Defendants' willful conduct is reflected by, among other things, the following facts:

8 (a) Defendants are large corporations with access to legal advice;

9 (b) Defendants required a purported authorization to perform credit and background

10 checks in the process of employing the class meinbers which, although defective,

11 evidences Defendants' awareness of and willful failure to follow the governing

12 laws concerning such authorizations; and

13 (c) The plain language of the statute unambiguously indicates that inclusion of a

14 liability release and other extraneous information in a disclosure form violates

15' the disclosure and authorization requirements, and that the disclosure form must

16I contain the name, address, phone number, and/or website address of the

17 investigative consumer reporting agency conducting the investigation.

18 73. As a result of Defendants' illegal procurement of background reports by way of their I

19 inadequate disclosures, as set forth above, Plaintiff and class members have been injured including,

20 but not limited to, having their privacy and statutory rights invaded in violation of the ICRAA.

21 74. Plaintiff, on behalf of himself and all class members, seeks all available remedies

22 II pursuant to Civil Code section 1786.50, including statutory damages and/or actual damages,

23 punitive damages, and attorneys' fees and costs.

24 75. In the alternative to Plaintiff s allegation that these violations were willful or grossly

25 negligent, Plaintiff alleges that the violations were negligent and seeks the appropriate remedy, if

26 any, under Civil Code section 1786.50(a), including actual damages and attorneys' fees and costs.

27

28



FOURTH CAUSE OF ACTION

2 FAILURE TO MAKE PROPER DISCLOSURE IN VIOLATION OF THE CCRAA

(Cal. Civ. Code §§ 1785 et seq.)

(Plaintiff and CCRAA Class Against All Defendants)

76. Plaintiff incorporates all paragraphs of this Complaint as if fully alleged herein.

77. Defendants are "persons" as defined by Section 1785.30) of the Consumer Credit

I Reporting Agencies Act ("CCRAA").

78. Plaintiff and CCRAA Class inembers are "consumers" within the meaning Section

9 1785.3(b) of the CCRAA, because they are "natural individuals."

10 79. Section 1785.3(c) of the ICRAA defines "consumer credit report" as:

11 I any written, oral, or other communication of any information by a consuiner credit reporting agency bearing on a consumer's credit worthiness, credit standing, or credit

12 capacity, which is used or is expected to be used, or collected in whole or in part, for the purpose of serving as a factor in establishing the consumer's eligibility for: ...(2)

13 employment purposes...

14 I Thus, a credit report qualifies as a consumer credit report under the CCRAA.

15 80. Section 1785.20.5(a) of the CCRAA provides, in relevant part:

16 Prior to requesting a consumer credit report for employment purposes, the user of the

17 I person that a report will be used, and sliall identify the specific basis under subdivision report shall provide written notice to the person involved. The notice shall inform the

(a) of Section 1024.5 of tlze Labor Code for use of the report. The notice shall also inform the person of the source of tlze report... 18

(Emphasis added.) 19

81. As described above, Plaintiff alleges that in evaluating her and other class 20

I members for employment, Defendants procured or caused to be prepared consumer credit reports 21

I(e.g. credit reports), as defined by Section 1785.3(c). 22

82. The disclosure provided by Defendants does not identify the specific basis under 23

I subdivision (a) of Section 1024.5 of the Labor Code for use of the credit report. This omission 24

clearly violates Section 1785.20.5(a) of the CCRAA, as delineated above. 25

83. Based upon facts that are likely to have evidentiary support after a reasonable 26

I opportunity for investigation and discovery, Plaintiff alleges that Defendants have a policy and 27

practice of failing to provide adequate written disclosures to applicants and employees, before 28



1 procuring credit reports or causing credit reports to be procured, as described above. Pursuant to

2 that policy and practice, Defendants procured credit reports or caused credit reports to be procured

3 for Plaintiff and class members without first providing a written notice in compliance with Section

4 1 1785.20.5(a) of the CCRAA, as described above.

5 84. Defendants' conduct in violation of Section 1785.20.5(a) of the CCRAA was and is

6 willful and/or grossly negligent. Defendants acted in deliberate or reckless disregard of their

7 obligations and the rights of applicants and employees, including Plaintiff and class members.

8 Defendants' willful conduct is reflected by, among other things, the following facts:

9 (a) Defendants are large corporations with access to legal advice;

10 (b) Defendants required a purported autliorization to perform credit checks in the

11 process of employing the class members which, although defective,

12 evidences Defendants' awareness of and willful failure to follow the

13 I governing laws concerning such authorizations; and

14 (c) The plain language of the statute unambiguously indicates that failure to

15 include the provisions identified above violates the CCRAA's notice

16 requirements, and that the notice must identify the specific basis under

17 subdivision (a) of Section 1024.5 of the Labor Code for use of the credit

18 report and must identify the source of any credit report.

19 85. As a result of Defendants' illegal procurement of credit reports by way of their

20 inadequate notice, as set forth above, Plaintiff and class members have been injured including, but

21 not limited to, having their privacy and statutory rights invaded in violation of the CCRAA.

22 86. Plaintiff, on behalf of himself and all class members, seeks all available remedies

23 pursuant to Civil Code section 1785.31, including statutory dainages and/or actual damages,

24 punitive damages, injunctive relief, and attorneys' fees and costs.

25 87. In the alternative to Plaintiffls allegation that these violations were willful, Plaintiff

26 alleges that the violations were negligent and seeks the appropriate remedy, if any, under Civil

27 Code section 1785.31(a)(1), including but not limited to actual damages and attorneys' fees and

28 costs.



1 FIFTH CAUSE OF ACTION

2 UNFAIR COIiZPETITION

3 (Bus. & Prof. Code §§ 17200, et seq.)

4 (Plaintiff and FCRA, ICRAA and CCRAA Class Against All Defendants)

5 88. Plaintiff incorporates the preceding paragraphs of the Complaint as if fully alleged

6 I herein.

7 89. Business and Professions Code section 17200 defines "unfair competition" to

8 include any unlawful business practice.

9 90. Business and Professions Code sections 17203-17204 allow a person who has

10 lost money or property as a result of unfair competition to bring a class action in accordance with

11 Code of Civil Procedure section 382 to recover money or property that may have been acquired

12 from similarly situated persons by means of unfair competition.

13 91. Federal and California laws require certain disclosures and proper authorization

14 before conducting background checks and obtaining infonnation from credit and background

15 reports in connection with a hiring process.

16 92. Plaintiff and the FCRA, ICRAA and CCRAA Class re-alleges and incorporates by

17 reference the FIRST, SECOND, THIRD aiid FOURTH causes of action herein.

18 93. Plaintiff lost money or property as a result of the aforementioned unfair

19 competition.

20 94. Defendants have, or may have, acquired money by means of unfair competition.

21 95. Defendants have violated Federal and California laws through their policies and

22 practices of, intei- alia, routinely acquiring consumer, investigative consumer and/or consumer

23 credit reports (referred to collectively as "credit and background reports") to conduct background

24 checks on Plaintiff and other prospective, current and former employees and use information from

25 credit and background reports in connection with their hiring process without providing proper

26 disclosures and obtaining proper authorization in compliance with the law.

27 96. The unlawful conduct of Defendants alleged herein amounts to and constitutes

28 unfair competition within the meaning of Business and Professions Code sections 17200, et seq.



1 Business and Professions Code section 17200, et seq., protects against unfair coinpetition and

2 allows a person who has suffered an injury-in-fact and has lost inoney or property as a result of an

3 unfair, unlawful, or fraudulent business practice to seek restitution on his own behalf and on behalf

4 of other similarly situated persons in a class action proceeding.

5 97. Plaintiff is informed and believes that other similarly situated persons have been

6 subject to the same unlawful policies or practices of Defendants.

7 98. Due to its unfair and unlawful business practices in violation of Federal and

8 California laws as alleged herein, Defendants have gained a competitive advantage over other

9 comparable companies doing business in the State of California that comply with their legal

10 obligations.

11 99. Pursuant to Business and Professions Code section 17203, Plaintiff, on behalf of

12 I himself and the other members of the FCRA, ICRAA and CCRAA Class, seeks declaratory relief

13 and restitution of all monies rightfully belonging to them that Defendants did not pay thein or

14 otherwise retained by means of its unlawful and unfair business practices.

15 100. California's Unfair Competition Law ("UCL") permits civil recovery and injunctive

16 for "any unlawful, unfair or fraudulent business act or practice," including if a practice or act

17 violates or is considered unlawful under any other state or federal law.

18 101. Accordingly, pursuant to Business and Professions Code sections 17200 and 17203,

19 I Plaintiffs request the issuance of temporary, preliininary and permanent injunctive relief enjoining

20 Defendants, and each of them, and their agents and employees, from further violations of the

21 FCRA, ICRAA and CCRAA; and upon a final hearing seek an order pennanently enjoining

22 Defendants, and each of them, and their respective agents and einployees, from further violations

23 of the FCRA, ICRAA and CCRAA.

24 102. Pursuant to Code of Civil Procedure section 1021.5, the substantial benefit doctrine

25 I and/or the common fund doctrine, Plaintiff and the other members of the FCRA, ICRAA and

26 CCRAA Class are entitled to recover reasonable attorneys' fees in connection with their unfair

27 competition claims.

28



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PRAYER FOR RELIEF

WHEREFORE, Plaintiff, on belialf of himself and all others similarly situated, prays for

relief and judgment against Defendants as follows:

A. An order that the action be certified as a class action;

B. An order that Plaintiff be appointed class representative;

C. An order that counsel for Plaintiff be appointed class counsel;

D. Statutory penalties;

E. Civil penalties;

F. Punitive damages;

G. Injunctive relief;

H. Costs of suit;

I. Interest;

J. Restitution;

K. Reasonable attorneys' fees; and

L. Such other relief as the Court deeins just and proper.

DEMAND FOR JURY TRIAL

Plaintiff, on behalf of himself and all others siinilarly situated, hereby deinands a jury trial

on all issues so triable.

DATED: January 14, 2019 SETAREH LAW GROUP

r ~. .

SHAUNSETAREH Attorneys for Plaintiff JAMES M. MANSAPIT



CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, 3tate Bar number, and address): .

Shaun Setareh (SBN 204514) FOR COURT USE ONLV

SETAREH LAW GROUP 315 South Beverly Drive, Suite 315 Beverly Hil(s, California 90212 Electronically Filed

TELEPHONENO.: (310) 888-7771 FAXNO.: (310) 888-0109 y Superior Court of CA, ATTORNEY FOR (Name): JameS M. Mansaplt

ounty of Santa Clara, SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREETADDRESS: 191 Nortli First Street n 1/14/2019 5:45 PM MAILINGADDRESS: 191 NOrth Flrst Street , eviewed By: R. Walker

CITY AND ZIP CODE: San Jose, California 95113 Case #19CV340921 BRANCHNAME: DOWntOWn SU erior Court

nvelope: 2376711 CASE NAME:

Mansa it v. Deluxe Corporation, et al. CIVIL CASE COVER SHEET Complex Case Designation i`§CV340921

2-1 Unlimited 0 Limited ~ Counter 0 Joinder (Amount (Amount

demanded demanded is Filed with first appearance by defendant JUDGE:

exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:

rcaah~ra•>.•iar•r.~rurti7~aae.~rq•u-ic~t.~.Yaaue.Yrmnrmrr.Y.~u•r.i•La~ Check one box below for the case type that best describes this case:

Auto Tort

Q Auto (22)

Contract

0 Breach of contract/warranty (06)

~ Uninsured motorist (46) Rule 3.740 collections (09)

Other PI/PDIWD (Personal Injury/Property Damage/Wrongful Death) Tort

0 Other co[lections (09)

0 Asbestos (04) Q Insurance coverage (18)

Other Q Produd liability (24)

contract (37) Real Property

0 Medical malpractice (45) Q Eminent domaiNlnverse ~ Other PI/PD/WD (23) condemnation (14)

Non-PI/PD/WD (Other) Tort 0

~

Wrongful eviction (33)

~ Business torUunfair business practice (07) Other real property (26)

~ Civil rights (08) Unlawful Detainer

~ Defamation (13) 0

Commercial (31)

Q Fraud (16) Residential (32)

0 Intellectual property (19) 0 Drugs (38)

0 Professional negligence (25) Judicial Review

~ Other non-PI/PDNVD tort (35) Asset forfeiture (05)

Employment Petition re: arbitration award (11)

Q Wrongful termination (36) Q Writ of mandate (02)

Provisionally Comptex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403)

0 Antitrustlfrade reguiation (03)

~ Construction defect (10)

0 Mass tort (40)

0 Securities litigation (28)

0 Environmentalffoxic tort (30)

~ Insurance coverage claims arising from the above listed provisionally complex case types (41)

Enforcement of Judgment

= Enforcement of judgment (20)

Miscellaneous Civil Complaint

~ RICO (27)

~ Other complaint (not specffied above) (42)

Miscelianeous Civil Petition

0 Parinership and corporate governance (21)

Q Other petition (not specified above) (43)

U Other employment (15) (_j Other judicial review (39)

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:

a. 0✓ Large number of separately represented parties

b. EE Extensive motion practice raising difficult or novel

issues that will be time-consuming to resolve

c. ~✓ Substantial amount of documentary evidence

d. 0✓ Large number of witnesses

e. Q✓ Coordination with related actions pending in one or more courts

in other counfies, states, or countries, or in a federal court

✓0 Substantial postjudgment judicial supervision

3. Remedies sought (check a!1 thatapply): a.~✓ monetary b.~✓ nonmonetary; declaratory or injunctive relief c. Qpunitive

4. Number of causes of action (specify): Five 5. This case ~✓ is E] is not a class action suit.

6. If there are any known related cases, file and serve a notice of related case. (YgQ may use fo

Date: January 14, 2019 Shaun Setareh, Esq.

• Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small c[aims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, ru[e 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

other parties to the action or proceeding. • Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onl.

aae 1 of 2

Fonn Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal. Rutes of Courl, rules 2.30, 3.220, 3.400-3.403, 3.740; Judicial Councll of Califomia Cal. Standards of Judicial AdministraGon, std. 3.10 CM-010 [Rev. July 1, 20071 www.courtinro.ca.gov


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. In 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 aftorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real properry, (4) recovery of personal property, or (5) a prejudgmerit writ of aftachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements 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 plaintifPs 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 Contract Provisionally Complex Civil Litigation (Cal.

Auto (22)—Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrustlfrade Regulation (03)

Uninsured Motorist (46) (if the Contract (not unlawfu/ detafner Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach—Seller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud orneglfgence) EnvironmentallToxic Tort (30) instead ofAuto) Negligent Breach of ContracU Insurance Coverage Claims

Other PI/PD/WD (Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of ContracUWarranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment

Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection Case—Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Collections County)

Wrongful Death Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations)

toxic%nvironmental) (24) comp/ex) (18) Sister State Judgment Niedical Malpractice (45) Auto Subrogation Administrative Agency Award

Medical Malpractice— Other Coverage (not unpaid taxes) Physicians 8 Surgeons Other Contract (37) Petition/Certification of Entry of

Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment

Other PI/PD/WD (23) Real Property Case Premises Liability (e.g., siip Eminent Domain/Inverse Miscellaneous Civii Complaint

and fall) Condemnation (14) RICO (27) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) OtherComplaint (notspecffied

e. assault, vandalism Other Real Pro e above) (42) ( 9, ) p rty (e.g., quiet title) (26) Intentional Infliction of Writ of Possession of Real Property Injunctive

Declaratory Relief Only

Relief Onl (non- Emotional Distress Mortgage Foreclosure harassment) Negligent Infliction of Quiet Title

Mechanics Llen Emotional Distress Other Real Property (not eminent Other Commercial Complaint Other PI/PD/WD domain, landlord/tenant, or

Non-PI/PD/IRID (Other) Tort foreclosure) Case (non-tort/non-complex)

Business TorWnfair Business Unlawfui Detainer Other Civil Complaint

Practice (07) Commercial (31) (non-tort/non-complex)Miscellaneous Civil Petition Civil Rights (e.g., discrimination, Residential (32) Partnership and Corporate false arrest) (not civil Drugs (38) (if the case involves illegal Govemance (21) harassment) ( 08) drugs, check this ftem; otherwise, Other Petition (not specified Defamation (e.g., slander, libel) report as Commercial or Residential) above) (43) (13) Judicial Review Civil Harassment Fraud (16) Asset Forfeiture (05) Workplace Violence Intellectual Property (19) Petition Re: Arbitration Award (11) Elder/Dependent Adult Professional Negligence (25) Writ of Mandate (02) Abuse Legal Malpractice Writ—Administrative Mandamus Election Contest Other Professional Malpractice Writ—Mandamus on Limited Court Petition for Name Change (notmedical orlegal) Case Matter Petition for Relief From Late Other Non-PI/PD/WD Tort (35) Writ—Other Limited Court Case Claim Employment Review

Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition

Other Employment (15) Review of Health Officer Order Notice ofAppeal—Labor

Commissioner Appeals CM-010 tRev. July 1, 2007]

CIVI L CASE COVER SHEET Page 2 of 2


case 5:19-cv-00790-vkd document 1-1 filed 02/13/19 page 1 of 25€¦ · shaun setareh, 315 south...

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