gonzales v. jenny craig - automatic renewal law.pdf
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GENEVA GONZALES, on behalfof herself andall others similarly situated,
Plaintiff,
JENNY CRAIG, INC., a Delaware Corporation,and DOES 1-100,
Defendant.
9,
Michael Louis Kelly - State Bar No. 82063 r [email protected] (K>Behram V. Parekh - State Bar No. [email protected] Baker Dobbs - Bar No. [email protected] & PACKARD LLP2041 Rosecrans Avenue, Third FloorEl Segundo, California 90245 .Tel: (310) 536-1000; Fax: (310) 536-1001 J)^^ tOdU&^ V.Counselfor Plaintiffand all others similarly situated V\ vC^\c$4S<J^t/^J
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES, CENTRAL DISTRICT
Case No. BC 6 0 \ 7 8 0
CLASS ACTION
Superior Court of CaliforniaCounty of Los Angeles
NOV 1 9 2015
Sherri R. Carter, Executive Officer/Clerk
Cristina Qrijatfa
COMPLAINT FOR:
1. Violation of California's Automatic Renewal
law (Bus. & Prof. Code §§ 17600-17604;2. Violation of California's Unfair Competition
Law ("UCL") (Bus. & Prof. Code §§ 17200-17204); and
3. Injunctive Relief (Bus. & Prof. Code §17535)
JURY TRIAL DEMANDED
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CLASS ACTION COMPLAINT
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PlaintiffGeneva Gonzales (hereafter "Plaintiff)bring this class action onbehalf ofherself
and all others similarly situated against Jenny Craig, Inc. and DOES 1-100 (collectively "Defendant"
or "Jenny Craig"), as aresult ofthe unlawful practices with regard to Defendant's automatic
continuous service agreement for Defendant's weight management services, to obtain injunctive
relief, restitution, and all damages available against Defendant under each respective cause ofaction
as alleged herein. Plaintiff makes the following allegations upon information and belief, except as to
her own actions, the investigation of her counsel, and the facts that are a matter ofpublic record.
NATURE OF CLAIM
1. Plaintiffbrings this class action lawsuit on behalfofherself and onthe behalfofthe
consumers who enrolled in Defendant's "JennyAll Access" weight lossprogram, (hereafter "Auto-
renewal Weight Loss Program" or"Auto-renewal Membership") and were automatically charged on
theirdebitor credit card, or third partyaccount (hereafter "Payment Method").
2. Defendant's Auto-renewal Weight Loss Program offers an array of weight
management services, which include, among other things, a"personal consultant" that will contact
themember to start their "weight loss journey" and to set other weight loss goals, instant access to
Defendant's "ready-to-enjoy perfectly proportioned meals," a personalized account where the
member can track their progress and utilize Defendant's online tools, and guaranteed weight loss
results from the nutritious food and support from the consultant.
3. To enroll in Defendant's Auto-renewal Weight LossProgram, Defendant requires an
initial enrollment fee of $99.99' and a recurring monthly fee of $19.00 for theAuto-renewal Weight
Loss Program.
4. Defendant's Auto-renewal Weight Loss Program, however, is in violation of
California's Automatic renewal laws. Specifically, Defendant: (a)At the time of making the Auto-
renewal Membership, failed topresent the continuous service agreement ina clear and conspicuous
manner and invisual proximity to the request for consent to the offer before the subscription or
purchasing agreement was fulfilled in violation ofCal. Bus. &Prof. Code § 17602(a)(1); (b) charged
1$99.99 is the listed price before any promotional discount Defendant may offer.
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CLASS ACTION COMPLAINT
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Plaintiffs credit or debit cards,or third party account,without first obtainingPlaintiffs affirmative
consent to the agreement containing the Auto-renewal Membership terms in violation of Cal. Bus. &
Prof. Code § 17602(a)(2); and (c) failed to provide an acknowledgement that included the Auto-
renewal Membership terms,cancellation policy, and information regarding how to cancel in a manner
that is capable ofbeing retained by Plaintiff in violation of Cal. Bus. & Prof.Code § 17602(a)(3).
5. As a result, Plaintiff, on the behalfof herself and all others similarly situated
(hereafter, "the Class" or "Class members"), seeksdamages, restitution, declaratory relief, injunctive
relief and reasonable attorneys' fees and costs pursuant to Cal. Bus. & Prof. Code §§ 17603,17203,
and 17535.
PARTIES
6. Plaintiff is a resident of Los Angeles County, California and on September 25, 2015
enrolled in Defendant's Auto-renewal Weight Loss Program for S68.002 and was automatically
charged $19.00 on October 24, 2015 for theensuing cycle. Plaintiffwassubject to Defendant's
unlawful Auto-renewal Membership as set forth herein. Furthermore, Plaintiff and the Class are
"consumers" as defined by Cal. Bus. & Prof. Code § 17601(d).
7. Defendant, JennyCraig, Inc., on information and belief, is a Delaware corporation
with itsprincipal place ofbusiness inCarlsbad, California. Defendant operates and, at all times
during thestatutory class period (hereafter "Class Period"), hasdone business in theState of
California and throughout the Nation.
8. Plaintiff is unaware of the true names and capacities of the defendants sued as DOES
1-100, and therefore sues thesedefendants by fictitious names. Plaintiffwill seek leave to amend this
Complaint when and if the true identities of these DOE defendants arediscovered. Plaintiff is
informed and believeand thereon allegethat eachof the defendants designated as a DOE is
responsible in somemanner for theacts and occurrences alleged herein, whethersuch actsor
occurrences were committed intentionally,negligently, recklessly or otherwise, and that each said
DOE defendant therebyproximately caused injuries and damages to Plaintiff and the Classas herein
alleged, and is thus liable for Plaintiffs and the Class's injuries.
!Plaintiff received a $50 discount.
CLASS ACTION COMPLAINT
1 9. At all times herein mentioned, Defendants, and each of them, were the agents, principals,
2 servants, employees, and subsidiaries of each of the remaining Defendants, and were at all times
3 actingwithin the purposeand scopeof such agency, service, andemployment, anddirected,
4 consented, ratified, permitted, encouraged, and approved the acts ofeach remaining Defendant.
5 JURISDICTION AND VENUE
6 10. This Court has jurisdiction over all causes of action asserted herein under the
7 California Constitution.
8 11. Venue is proper in this District pursuant to Los Angeles County Superior Court Rule
9 2.3(a)(1)(A) because this is a class action.
10 12. Out-of-state participants can be broughtbefore this Court pursuantto California's
11 "long-arm" jurisdictional statute.
12 FACTUAL ALLEGATIONS
13 Plaintiffs Enrollment in Defendant's "Jenny AH Access" Weight Loss Program
14 13. Plaintiff, Geneva Gonzales, enrolled in Defendant's Auto-renewal Weight Loss
15 Program on September 25,2015, for $68.00 from Defendant's website, www.jennycraig.com, after
16 reviewing Defendant'swebsite andclicking the "Join Now" linkon the "Overview" webpage.
17 Thereafter, she was prompted through Defendant's check-out process, which is fully laidout below.
18 14. On the same day, but after her purchase, Plaintiff received an email from Defendant
19 titled"YourJennyCraig Membership Details." This emailwas devoid of any acknowledgement that
20 includes the automatic renewal or continuous service offer terms, cancellation policy, and
21 information regardinghow to cancel in a mannerthat is capableofbeing retainedby Plaintiff.
22 Instead, Defendant provided a customary note, "Questions? Please call customer service anytime at
23 Jenny Craig (800) 536-6922." Despite the purchase price of Defendant's Auto-renewal Membership,
24 the email contained no other pertinent information.
25 15. Thereafter, Plaintiffs Payment Method was charged $19.00 on October 24, 2015, for4
26 an additional cycle of the Auto-renewal Weight Loss Program.
27 16. Defendant's correspondencewith Plaintiff did not disclose any clear and conspicuous
28 way for Plaintiff to cancel the Auto-renewal Membership or offer directions on how Plaintiffcan
CLASS ACTION COMPLAINT
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cancel the Auto-renewal Membership.
California Business & Professions Code §§ 17600-17606
17. In December 2010, Cal. Bus. & Prof. Code §§ 17600-17606 came into effect after the
California State Legislature decided that they wanted to end the practice ofongoing charges to
consumers' Payment Methods without consumers' explicit consent for ongoing shipments of a
product or ongoing deliveries or services. See Cal. Bus. & Prof. Code §17600.
18. Cal. Bus. & Prof. Code § 17602(a) makes it unlawful for any business making an
automatic renewal offer terms or continuous service offer terms, like Defendant's Auto-renewal
subscription, to a consumer, if the business:
a. Fails to present the automatic renewal offer terms or continuous serviceoffer terms in a clear and conspicuous manner before the subscription or
purchasing agreement is fulfilled and in visual proximity, or in the caseof an offer conveyed by voice, in temporal proximity, to the request for
consent to the offer.
b. Charges the consumer's credit or debit card or the consumer's account
with a third party for an automatic renewal or continuous service without
first obtaining the consumer's affirmative consent to the agreement
containing the automatic renewal offer terms or continuous service offerterms.
c. Fails to provide an acknowledgement that includes the automaticrenewal or continuous service offer terms, cancellation policy, andinformation regarding how to cancel in a manner that is capable ofbeing
retained by the consumer. If the offer includes a free trial, the business
shall also disclose in the acknowledgment how to cancel and allow theconsumer to cancel before the consumer pays for the goods or services.
19. Cal. Bus. & Prof. Code § 17601(a) defines the term "Automatic renewal" as a "plan or
arrangement in which a paid subscription or purchasing agreement is automatically renewed at the
end of a definite term for a subsequent term."
20. Cal. Bus. & Prof. Code § 17601(b) states that ""Automatic renewal offer terms"
means the following clear and conspicuous disclosures: (1) That the subscription or purchasing
agreement will continue until the consumer cancels. (2) The description of the cancellation policy
that applies to the offer. (3) The recurring charges that will be charged to the consumer's credit or
CLASS ACTION COMPLAINT
1 debit card or payment account witha thirdpartyas part of the automatic renewal plan or
2 arrangement, and that the amount of thechargemaychange, if that is the case, and the amount to
3 which thecharge will change, if known. (4) The length of the automatic renewal term or thatthe
4 service is continuous, unless the lengthof the term is chosenby the consumer. (5) The minimum
5 purchase obligation, if any."
6 21. Cal. Bus. & Prof. Code § 17601(c) defines "clear and conspicuous" or "clearly and
7 conspicuously" to mean "in larger than the surrounding text, or in contrasting type, font, or color to
8 the surrounding textof the same size, or setoff from the surrounding textof thesame sizeby
9 symbols or other marks, in a manner thatclearly calls attention to the language."
10 22. Cal. Bus. & Prof. Code § 17603 provides: "In any case in which a businesssendsany
11 goods, wares, merchandise, or products to a consumer, under a continuous service agreement or
12 automatic renewal of a purchase, without firstobtaining the consumer's affirmative consent as
13 described in Section 17602, the goods, wares, merchandise, or products shall for all purposes be
14 deemed an unconditional gift to theconsumer, who may useor dispose of thesame in any manner he
15 or she sees fit without any obligation whatsoever on the consumer's partto the business, including,
16 butnot limited to,bearing thecost of,or responsibility for, shipping anygoods, wares, merchandise,
17 or products to the business."
18 Defendant's Business: Jenny Craig
19 23. Defendant JennyCraig, Inc. is "designed to provide structure andsupport to help
20 members lose weight and learn how tokeep it off. [Jenny Craig's brand] was built on thebelief that
21 successful weight loss and weight management can beachieved through a healthy relationship with
22 food, an active lifestyle and a balanced approach to living. These fundamentals make up three
23 cornerstonesof the Jenny Craig Program: Food, Body and Mind."
'>•*•'" 24 24. Furthermore, throughout Defendant's thirty year tenure, they built over 600 brick and
25 mortarlocations throughout the United States, Canada, Australia, NewZealand andPuerto Rico with
26 approximately 2,500 consultants worldwide, built anonline "Jenny Anywhere" program that gives
27 access to the consultants over the internet and/orphone, and created"Jenny CraigFood," whichis a
28 customized food plan that offers nearly "100 delicious menus items" for themember for additional
U"CLASS ACTION COMPLAINT
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charges.
25. In order to enroll in Defendant's "Jenny All Access," "Jenny Anywhere," or "Jenny
Craig Food," the member will have to deposit their enrollment fee into a Jenny Craig account, which
will guarantee them access to Jenny Craig's services for a month. Additionally, the member will
have access to a suite of member-only online tools and content, private weekly weight loss
consultations, guidanceplanningweekly menus, program materials, and upon reaching goal weight:
private, ongoing weight maintenance consultations.
26. Thereafter, the member will be charged S19.00 every thirty days (monthly) until the
member affirmatively cancels. In order to cancel without penalty or obligation, the member must
submit their intent to cancel at any time prior to midnight of the third business day after the thirty day
monthly cycle has expired.
Defendant's Check-out Process
27. Upon knowledge and belief, Plaintiff and the Class followed the same check-out
process on Defendant's Website as described below.
28. Defendant's first page of the check-process, like many common online check-out
pages, seeks to acquire the member's first and last name, email address, and a password to make a
JennyCraig account, which as mentioned herein, provides the memberwith an opportunity to use the
online tools that come with the Auto-renewal Membership. Additionally, the first page of the check
out provides a snapshot of the price and themembership fee. However, no otherconspicuous notice
is provided that calls to attention that the membershipwill auto-renew and charge the member's
Payment Method every thirty days or how the member can exercise their control over the Auto-
renewal Membership so they can cancel upon request as defined by Cal. Bus. & Prof. Code §
17601(b).
3Cost of food, which averages $15-$22 perday. Plus the costof shipping.
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CLASS ACTION COMPLAINT
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MEMBERSHIP SIGN UP I STEP 1OF 2
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HERE'S A LOOK AT WHAT YOU PAY-
MEMBERSHIP FEE S19/M0NTH
Call us directly to enroll ifyou have diaheies, ate Breastfeeding or have a serious health condition.
CREATE NEW AGCOUNT
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Defendant'sfirstpage ofthecheck-out process] didnot, anddoes not, contain the Automatic-renewal Weight Loss Program's terms as definedby Call Bus. & Prof. Code§ J7601(b).
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29. Once the member provides the applicable information to create a new account on the
first page of the check-out process, they are redirected to the second page of the check-out process; ij
and are asked to input their payment information and their billing address. Moreover, no conspicuous
notice is provided that calls to attention that'the memberships will auto-renew and charge the
member's Payment Method every thirty days or how the member can exercise their control over the
Auto-renewal Membership so they can cancel upon request as defined by Cal. Bus. & Prof. Code §
17601(b). • ' ;
• •• i :'f • . i ' •
• 8 :CLASS ACTION COMPLAINT
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CRAIG
MEMBERSHIP SIGN UP I STEP 2OF 2
Bold fields required.
BILLING ADDRESS
Address
City
State Zip
Select
Phone
PAYMENT INFORMATION£ This is a secure encryptedpayment.
Full Name on Card
Credit Cord Number
Expiration Date CW Code
Imm" ' 'I/Iyy ^1 | JOPromo Code
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O I agreeto iha Jpnny Craig Program. PaymentTerins Bnri Health Acknowledgment, a
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MEMBERSHIP PAYMENT DETAILS
Summary of Today's Charges
Jenny All Access Enrollment
Recurring Billing Fee
[ CHAT UVE »]
$99.00
$19.00
TODAY'S TOTAL
Defendant's secondpage ofthe check-out process did not, and does not. contain the Automatic-renewal Weight Loss Program's terms as defined by Cal. Bus. &Prof Code § 17601(b).
30. Despite providing the "Jenny Craig Program, Payment Terms and Health
Acknowledgement" (hereafter "Terms and Conditions") link, Defendant failed to provide the
member with the terms of theAuto-renewal Membership in a clear and conspicuous manner before
the subscription or purchasing agreement was fulfilled and in visualproximity, to the request for
CLASS ACTION COMPLAINT
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consent to the Auto-renewal WeightLoss Programoffer. See Cal. Bus. & Prof. Code § 17602(a)(1).
Further, the Terms and Conditions link fails to provide an acknowledgment that includes the
automatic renewal or continuous service offer terms, cancellation policy, and information regarding
how to cancel in a manner that is capable ofbeing retained by the consumer. See Cal. Bus. & Prof.
Code § 17602(a)(3).
Defendant Failed to Present the Automatic Renewal Offer Terms or Continuous Offer Termsin a Clear and Conspicuous Manner Before the Subscription or Purchasing Agreement wasFulfilled and in Visual Proximity to the Request for Consent to the Offer in violation ofCal.Bus. & Prof. Code § 17602(a)(1)
31. Upon knowledge and belief, during the Class Period, Defendant's Terms and
Conditionsfailed to meet the requirements set out in Cal. Bus. & Prof. Code § 17603. Specifically,
Defendant failed to state the auto-renewal terms in a clear and conspicuous manner (i.e. text that is
larger than the surrounding text, or in contrasting type, font, or color to the surrounding text of the
same size, or set off from the surrounding text) before the Auto-renewal Weight Loss Program's
subscription was fulfilled. Id. Defendant also failed to present the Terms and Conditions in visual
proximity to the request for consent to the offer, in a manner that calls attention to the reader that:
a. Defendant's Auto-renewal Weight Loss Program will continue until the
Plaintiff and Class members cancel;
b. Describes the cancellation policy that applies to Defendant's Auto-renewal
Weight Loss Program;
c. Charges will be made to Plaintiffs and Class member's Payment Method
after the Auto-renewal Weight Loss Program cycle has expired, and that
the amount of the charge may change, if that is the case, and the amount to
which the charge will change, in known;
d. The length ofDefendant's Auto-renewal Wight Loss Program or that the
Auto-renewal Weight Loss Program is continuous, unless the length of the
term is chosen by the consumer.
Id.
32. Defendant thus made, and continues to make, an automatic renewal or continuous
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service offer to consumers, including Plaintiff and the Class, yet failed, and continues to fail, to
present the automatic renewal offer terms,or continuous service offer terms, in a clear and
conspicuous manner and in visual proximityto the request for consent to the offer beforethe
subscription or purchasingagreementwas and is fulfilled in violationofCal. Bus. & Prof. Code §
17602(a)(1).
Defendant Failed to Obtain Affirmative Consent to the Terms and Conditions of Defendant'sAuto-renewal Weight Loss Program in Violation of Cal. Bus. & Prof. Code § 17602(a)(2)
33. Upon information and belief, throughout the Class Period, after clicking the "Sign Up"
box on the second and final page of the check-out process, Plaintiffs and the Class member's
Payment Method were, and are, charged for their enrollment. Thereafter, Defendant charged, and
continues to charge, Plaintiffs and the Class member's Payment Method on a recurring basis after
the thirtieth day of the cycle has expired, and as such, is an automatic renewal plan within the
meaning ofCal. Bus. & Prof. Code § 17601(a). Furthermore, the Auto-renewal Weight Loss-
Program's subscription continues until cancelled, and therefore is, and was, a continuous service plan
or arrangement as defined by Cal. Bus. & Prof. Code § 17601(e).
34. Prior to charging Plaintiffs and the Class member's Payment Method, Defendant
failed, and continues to fail, to obtain Plaintiffs and the Class member's affirmative consent to
Defendant's Auto-renewal Weight Loss Program. Defendant, failed, and continues to fail, to include,
the Auto-renewal Weight Loss Program's terms and conditions on the second and final page of the
check-out process before the transaction is complete.
35. Defendant's violation of Cal. Bus. & Prof. Code § 17602(a) has in turn, deemed "all
goods, wares, merchandise, or products" sent to Plaintiff and the Class under Defendant's Auto-
renewal subscription, to be unconditional gifts pursuant to Cal. Bus. & Prof. Code § 17603. As a
result, Plaintiff and the Class may use or dispose of the same in any manner they see fit without any
obligation whatsoever on their part to Defendant, including, but not limiting to, bearing the cost of, or
responsibility for, shipping any goods, wares, merchandise, or products to the business.
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CLASS ACTION COMPLAINT
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Defendant Failed to Provide an Acknowledgement That Includes the Auto-renewal WeightLoss Program's Terms and Conditions, Cancellation Policy, and Information on How to Cancelin aManner That is Capable ofBeing Retained by the Consumer as Required by Cal. Bus. &Prof. Code § 17602(a)(3)
36. Upon knowledge and belief, Defendant sent an email to Plaintiff and the Class after
their purchase of the Auto-renewal Subscription program that failed, and continues to fail, to providean acknowledgement that includes the Auto-renewal terms and conditions, cancellation policy, and
information on how to cancel in amanner that is capable ofbeing retained by the Plaintiff and Class,
in violation ofCal. Bus. &Prof. Code § 17602(a)(3). Instead, Defendant provided, or provides, a
customary note, "Questions? Please call customer service anytime at Jenny Craig (800) 536-6922."
Despite the purchase price ofDefendant's Auto-renewal Subscription program, the email containedno other pertinent information that gives Plaintiffor the Class any indication on how to cancel.
37. As a result ofthe above, Defendant's unlawful policies and/or practices, as alleged
herein, are inviolation of Cal. Bus. &Prof. Code § 17600, et seq.
CLASS ACTION ALLEGATIONS
38. Plaintiffbrings this class action individually and on behalfofthe Class and seeks to
represent:
All persons within California who enrolled into Defendant's "Jenny AllAccess" weight loss program as part ofan automatic renewal plan orcontinuous service offer and was subsequently charged for suchbyDefendant within the four years prior to the filing of this Complaint(hereafter, the "Class").
39. Excluded from the Class are Defendant's: officers, directors, and employees; any
entity in which Defendant has acontrolling interest; the affiliates, legal representatives, attorneys,
heirs, and assigns ofthe Defendant; and any Judge who isassigned to this case.
40. Numerosity: The proposed Class is so numerous that individual joinder ofall its
members are impracticable. Due to the nature of the trade and commerce involved, Plaintiffbelieves
that the total number ofClass members is at least in the thousands and that members ofthe Class are
numerous and geographically dispersed across California and the Nation. While the exact number
and identities ofthe Class members are unknown at this time, such information can be ascertained
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CLASS ACTION COMPLAINT
1 through appropriate investigation and discovery. The disposition ofthe claims ofthe Class members
2 in a single class action will provide substantial benefits toallparties and to the Court.
3 41. Common Questions of Law and Fact Predominate: There are many questions of
4 lawand fact common to the representative Plaintiffand theClass, and those questions substantially
5 predominate over any questions that may affect individual Class members. The common questions of
6 fact and law include, but are not limited to, the following:
7 a. Whether Defendant charged Plaintiffs and Class member's Payment
8 Method for an automatic renewal or continuous service without first
9 obtainingPlaintiffs and the Class member's affirmative consent to the
10 agreement containing the automatic renewal offer terms or continuous
11 offer terms;
12 b. Whether Defendant's Terms and Conditions contains the automatic
13 renewal offer terms and/or continuous service offer terms as defined by
14 Cal. Bus. & Prof. Code § 17601;
15 c. Whether Defendant failed to present the automatic renewal offer terms or
1g continuous service offerterms in a clearand conspicuous manner before
17 the subscription or purchasing agreement was fulfilled, and in visual or
18 temporal proximity to the request forconsent to theoffer;
19 d. Whether Defendant failed to present a cancellation policy and information
20 regarding how to cancel in a manner that is capable of being retained by
21 Plaintiff and the Class;
22 e. Whether Cal. Bus. & Prof. Code § 17603 provides for restitution for
23 moneypaid by class members in circumstances where the goods and
'*"" 24 services provided byDefendant are deemed anunconditional gift;
,._, 25 f Whether Plaintiff and the Class are entitled to restitution under Cal. Bus.
'"* 26 &Prof. Code § 17200 - 17203;
-., 27 g- Whether Plaintiffand the Classmembers are entitled to declaratory relief,
28 injunctive relief and/or restitution; and
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CLASS ACTION COMPLAINT
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ll. The proper formula(s) for calculating and/or restitution owed to Plaintiff
and the Class.
42. Typicality: Plaintiffs claims are typical ofthe claims ofthe members ofthe Class.
Plaintiffand the Class have been similarly affected byDefendant's conduct since Plaintiff and the
Class were a customer ofDefendant, did not receive adequate notice of the automatic renewal offer
orcontinuous service offer ina clear and conspicuous manner, and inclose proximity to the request
for consent to the offer, and were not presented with acancellation policy and information regarding
how to cancel ina manner that is capable ofbeing retained by both Plaintiff and the Class. Plaintiff
and the Class are entitled to relief under the same causes of actions.
43. Adequacy ofRepresentation: Plaintiff will fairly and adequately represent and
protect the interests ofthe Class. Plaintiffhas retained counsel with substantial experience in
handling complex class action litigation. Plaintiff and her counsel are committed to prosecuting this
Action vigorously on behalfofthe Class and have the financial resources to do so.
44. Superiority ofClass Action: Plaintiff and the Class have suffered and will continue
tosuffer harm asa result ofDefendant's unlawful and wrongful conduct. Aclass action is superior to
other available methods for the fair and efficient adjudication of the present controversy. Class
members have little interest inindividually controlling the prosecution ofseparate actions because the
individual damage claims ofeach Class member are not substantial enough to warrant individual
filings. In sum, for many, ifnot most, Class members, aclass action is the only feasible mechanism
that will allow an opportunity for legal redress and justice.
45. Adjudication ofindividual Class members' claims with respect to Defendant would, as
apractical matter, be dispositive ofthe interests ofother members not parties to the adjudication, and
could substantially impair orimpede the ability ofother Class members to protect their interests.
FIRST CAUSE OF ACTION
Violation of Cal. Bus. & Prof. Code SS 17600. et sea.
(California's Automatic Purchase Renewal Statute)
(By Plaintiff and the Class Against Defendant)
40. Plaintiff incorporates byreference allof the above paragraphs of this Complaint as
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though fully stated herein.
41. Cal. Bus. & Prof. Code § 17600(a)(1)provides:
(a) Itshall be unlawful for any business making an automatic renewal orcontinuous service offer to a consumer in this state to do any of thefollowing:
(1) Fail to present the automatic renewal offer terms orcontinuous serviceofferterms in a clear andconspicuous manner before thesubscriptionorpurchasing agreement is fulfilled and in visual proximity, orin thecase of anoffer conveyed byvoice, in temporal proximity, to therequest for consent to the offer.
42. Defendant failed to present the Auto-renewal Weight Loss Program's terms in aclear
and conspicuous manner and in visual proximity to the request for consent to the offer before the
agreementwas fulfilled.
43. As a result of Defendant's violations of Cal.Bus. & Prof. Code § 17602(a)(1),
Defendant is subject under Cal. Bus. &Prof. Code § 17604 to all civil remedies that apply to a
violation ofArticle 9,ofChapter I, ofPart 3, ofDivision 7of the Cal. Bus. &Prof. Code
("Automatic Purchase Renewals").
44. Cal. Bus. & Prof. Code § 17602(a)(2) provides:
(a) It shall be unlawful for any business making an automatic renewal or continuousservice offer to a consumer in this state to do any of the following:
(2) Charge the consumer's credit or debit card or the consumer's account with a thirdparty for an automatic renewal or continuous service without first obtaining theconsumer's affirmative consent to theagreement containing theautomatic renewaloffer terms or continuous service offer terms.
45. Defendant charged Plaintiffs, and continues tocharge, the Class member's Payment
Method for the Auto-renewal Weight Loss Program monthly subscription without first obtaining
Plaintiffs and theClass member's affirmative consent to theterms and conditions of theautomatic
renewal or continuous service offer.
46. As a result of Defendant's violations of Cal. Bus. & Prof Code § 17602(a)(2),
Defendant is subject under Cal. Bus. &Prof. Code § 17604 to all civil remedies that apply toa
15
CLASS ACTION COMPLAINT
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violation of Article 9, of Chapter 1,of Part3, of Division 7 of the Cal. Bus. & Prof. Code.
47. Cal. Bus. & Prof. Code § 17602(a)(3) provides:
(a) It shall beunlawful for any business making anautomatic renewal orcontinuousservice offer to a consumer in this state to do any of the following:
(3) Fail toprovide anacknowledgement that includes the automatic renewal orcontinuous service offer terms, cancellation policy, and information regardinghowto cancel in a mannerthat is capableofbeing retainedby the consumer. If theoffer includes a free trial, the business shall also disclose in the acknowledgementhow to cancel and allow the consumer to cancel before the consumer pays for thegoods or services.
48. Defendant failed to providean acknowledgement that includes the Auto-renewal
Weight Loss Program's terms, cancellation policy, and information onhow to cancel the automatic
renewal or continuous serviceoffer in a mannerthat is capableofbeing retained by the Plaintiffand
the Class.
49. As a result of Defendant's violations of Cal. Bus. & Prof. Code § 17602(a)(3),
Defendant is subject under Cal. Bus. &Prof Code § 17604 to allcivil remedies that apply to a
violation ofArticle 9, ofChapter 1 of Part 3, of Division 7 of the Cal. Bus. & Prof Code.
SECOND CAUSE OF ACTION
Violation of Cal. Bus. & Prof. Code §§ 17200, et sea.
(California's Unfair Competition Law)
(By Plaintiff and the Class Against Defendant)
46. Plaintiffincorporates by reference all of the aboveparagraphs of this Complaint as
though fully stated herein.
47. Cal. Bus. & Prof. Code § 17200, etseq. (the"UCL") prohibits unfaircompetition in
the form of any unlawful, unfair, or fraudulent business acts or practices. Cal. Bus. & Prof. Code §
17204 allows "a personwho has suffered injuryin fact and has lost money or property" to prosecute
a civil action for violation of the UCL. Such person may bring such an action on behalf of himself or
herself and others similarly situated who areaffected bytheunlawful, unfair, or fraudulent business
practice.
16
CLASS ACTION COMPLAINT
1 48. Upon knowledge and belief, since four years prior to the filing of this Complaint,
2 Defendant has committed, and continues to commit, uniawful, unfair, and/or fraudulent business acts
3 and practices as defined by the UCL, by violating Cal. Bus. &Prof. Code §17600, et seq.4 49. As adirect and proximate result ofDefendant's unlawful, unfair, and/or fraudulent
5 acts and practices described herein, Defendant has received, and continues to hold, unlawfully
6 obtained property and money belonging to Plaintiffand the Class in the form ofpayments made for
7 Defendant's Auto-renewal Weight Loss Program by Plaintiff and the Class. Defendant has profited
8 from its unlawful, unfair, and/or fraudulent acts and practices in the amount ofthose business
9 expenses and interest accrued thereon.
10 50. Plaintiffand the Class members are entitled to restitution pursuant to Cal. Bus. &Prof.
11 Code §§ 17203 and 17208 for all monies paid by Plaintiff and the Class under the Auto-renewal
12 Weight Loss Program as rates specified by law. Defendant should be required to disgorge all the
13 profits and gains it has reaped and restore such profits and gains to Plaintiffand the Class, from
14 whom they were unlawfully taken.
15 51. Plaintiffand the Class members are entitled to enforce all applicable penalty
16 provisions pursuant to Cal. Bus. &Prof. Code § 17202.
17 52. Plaintiff has assumed the responsibility ofenforcement ofthe laws and public policies
18 specified herein by suing on behalfofherself and others similarly-situated Class members. Plaintiffs
19 success in this Action will enforce important rights affecting the public interest. Plaintiffwill incur a
20 financial burden in pursuing this action in the public interest. An award ofreasonable attorneys' fees
21 ofPlaintiff is thus appropriate pursuant to California Code ofCivil Procedure § 1021.5.
22 THIRD CAUSE OF ACTION
23 Violation of Cal. Bus. & Prof. Code S 17535. et sea.
24 (Injunctive ReliefandRestitution)
2c (By Plaintiff and the Class Against Defendant)
26 40. Plaintiff incorporates byreference all ofthe above paragraphs ofthis Complaint, as
27 though fully stated herein.
28 41. Cal. Bus. &Prof. Code § 17535 allows "any person who has suffered, injury in fact
17
CLASS ACTION COMPLAINT
I,,l,
1 and has lost money or property" to prosecute a civil action for violation of thisCode. Sucha person
2 may bringsuch an actionon behalfof herselfand otherssimilarly situated who are affected by the
3 unlawful, unfair, or fraudulent business practice.
4 42. Upon knowledge and belief, at least four years prior to the filingof this Complaint,
5 and continuing to date, Defendant has committed unlawful, unfair, and/or fraudulent businessacts
6 andpractices as defined by Cal. Bus. & Prof. Code § 17535, by violating Cal.Bus. & Prof. Code §
7 17600, etseq.
8 43. As a direct and proximate result ofDefendant's unlawful, unfair, and/or fraudulent
9 acts and practices described herein, Defendant has received andcontinues to receive unlawfully
10 obtainedproperty and moneybelongingto Plaintiff and the Class members in the formof payments
11 made for the Auto-renewal Weight Loss Program.
12 44. Defendant has profited from its unlawful, unfair, and/or fraudulent acts and practices
13 in the amount of those unlawful Auto-renewal Weight Loss Program subscription charges and
14 interests accrued.
15 45. Plaintiff and the Class are entitled to injunctive relief under restitution as set out in
16 Cal. Bus. & Prof. Code § 17535,et seq. for all monies paid by Plaintiff and Class members under the
17 Defendant's Auto-renewal Weight Loss Program from the date of first enrollment to the date of such
18 restitution, at rates to be determined at trial. Defendant should be required to disgorge all the profits
19 and gains it has reaped as a result of the unlawful conduct alleged herein.
20
21 PRAYER FOR RELIEF
22 WHEREFORE Plaintiff prays for judgment as follows:
23 A. For an order certifying this Action as a class action and appointing Plaintiff and her
24 Counsel to represent the Class;
25 B. For equitable relief enjoining Defendant from engaging in the wrongful conduct
26 complained of herein pertaining to Defendant's Auto-renewal Subscription;
27 C. For restitution and disgorgement of all money or property wrongfully obtained by
28 Defendant by means of their herein-alleged unlawful, unfair, and fraudulent business practices;
18 . .CLASS ACTION COMPLAINT
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D. For an accounting by Defendant for any and all profits derived by Defendant from
their herein-alleged unlawful, unfair, and/or fraudulent conduct and/or business practices;
E. An award of general damages according to proof;
F. An award of special damages according to proof;
G. An award of statutory damages according to proof;
H. Exemplary damages;
I. For an award of costs of suit and attorneys' fees, as allowable by law;
J. For an award ofpre- and post-judgment interest, to the extent allowable; and
K. Such other and further relief as this Court may deem just and proper.
Dated: November 18, 2015 KTRTLAND & PACKARD LLP
By: ^Uk^ h~ l£-C^MICHAEL LOUIS KELLY
BEHRAM V. PAREKH
HEATHER BAKER DOBBS
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JURY TRIAL DEMANDED
Plaintiffdemands a jury trial on all issuesso triable.
Dated: November 18,2015 KIRTLAND & PACKARD LLP
MICHAEL LOUIS KELLY
BEHRAM V. PAREKH
HEATHER BAKER DOBBS
By
Counselfor Plaintiff, andallotherssimilarlysituated
20
CLASS ACTION COMPLAINT
~1
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address):
"Michael Louis KellyKIRTLAND & PACKARD LLP
2041 Rosecrans Avenue
Third Floor
El Segundo, CA 90245TELEPKONENO.: (310) 536-1000 FAX NO.: (310) 536-1001
attorneyfor (Name). Plaintiff and all others similarly sitSUPERIOR COURT OFCALIFORNIA, COUNTY OFLOS ANGELES
STREET ADDRESS: 111 N. Hill Streetmailingaddress: 111 N. Hill Street
city and zipcode: Los Angeles, CA 90012branch name: Central District (Stanley Mosk)
CASE NAME:
al.
GENEVA GONZALES v. JENNY CRAIG, INC., et
CM-Q10,FOR COURT USE ONLY
. FILED:Superior Court of California
County of Los Angeles
NOV 1 9 2015
SherhR. Carter, Executive Officer/ClerkBy UiaA^aJM^.^^ j ncplrty
Cristina Grijalva
CIVIL CASE COVER SHEETm Unlimited CZD Limited
(Amount (Amountdemanded demanded isexceeds $25,000) $25,000 or less)
Complex Case Designation1 I Counter I I Joinder
Filed with first appearance by defendant(Cal. Rules of Court, rule 3.402)
CASE NUM!
ttH0l7»BJUDGE:
OEPT:
Items 1-6 below must be completed (see Instructions on page 2).1. Check one box below for the case type that best describes this case:
Auto Tort
Auto (22)Uninsured motorist (46)
Other PI/PD/WD (Personal Injury/PropertyDamage/Wrongful Oeath) Tort
I IAsbestos (04)I IProduct liability (24)I | Medicalmalpractice (45)
I | OtherPI/PD/WD (23)Non-PI/PD/WD (Other) Tort
I X IBusiness tort/unfair business practice (07)I ICivil rights (08)I I Defamation (13)
I I Fraud(16)i IIntellectual property (19)[ IProfessional negligence (25)
[ | Othernon-PI/PD/WD tort(35)EmploymentI | Wrongful termination (36)
i IOther employment (15)
Contract
Breach of contract/warranty (06)
Rule 3.740 collections (09)
Other collections (09)
Insurance coverage (18)Other contract (37)
Real Property
i I Eminent domain/Inversecondemnation (14)
I ]Wrongful eviction (33)I IOtherrealproperty (26)
Unlawful Oetainer
I i Commercial (31)I IResidential (32)I IDrugs (38)Judicial Review
f IAsset forfeiture (05)I | Petition re: arbitration award (11)I IWrit of mandate (02)I | Other judicial review (39)
d
Provisionally Complex Civil Litigation(Cal. Rules of Court, rules 3.400-3.403)
I . I Antitrust/Trade regulation (03)[ I Construction defect (10)I I Mass tort (40)I | Securities litigation (28)I | Environmental/Toxic tort (30)
I ! Insurancecoverage claims arising from theabove listed provisionally complex casetypes (41)
Enforcement of Judgment
[ I Enforcement of judgment (20)Miscellaneous Civil Complaint
I I RICO (27)I I Othercomplaint (not specified above) (42)Miscellaneous Civil Petition
I I Partnership and corporate governance (21)I I Other petition (notspecifiedabove) (43)
2. This case [JD is CZD is not complex underrule 3.400 ofthe Ca'ifomia Rules ofCourt. If the case is complex, mark thefactors requiring exceptional judicial management:a. II Large number of separately represented parties d. LXH Large number of witnessesb. I X I Extensive motion practice raising difficult or novel e. I I Cocrdination with relatedactionspendinginoneormorecourts
issues that will be time-consuming to resolve inother counties, states, or countries,or ina federal courtc. I X I Substantial amount of documentary evidence f. I I Substantial postjudgment judicial supervisionRemedies sought (check all that apply): a. DO monetary b. EEU nonmonetary; declaratory or injunctive relief c. QJD punitive3.
4.
I--6.
Number of causes of action (specify): 3This case I X I is I I is not a class action suit.
If there are any known related cases, file and serve a notice of related case. (You mayuse form CM-015.)Date: November 19, 2015 k "Id AU \£L , Jd J -^'Michael Louis Kellv t fl'flfWg^ P^C—
(TYPE OR PRINT NAME) (SIGNATURE OF PARTYOR ATTORNEYFOR PARTY)
NOTICEPlaintiff must file this cover sheet with the first paper filed in the actionor proceeding (except small claimscases or cases filedunder the Probate Code, Family Code, orWelfare and Institutions Code). (Cal. Rules ofCourt, rule 3.220.) Failure tofile may resultin sanctions.File this cover sheet in addition to any cover sheet required by local court rule.If thiscase is complex underrule 3.400 et seq. ofthe California Rules of Court, you mustserve a copy of this cover sheet onallother 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 only.
Page 1 of 2U'
Form Adopted for Mandatory UseJudicial Council of CaliforniaCIVW10(Rev. July1.2007|
CIVIL CASE COVER SHEETSoft*
Cal. Rules of Court, rules 2.30, 3.220,3.400-3.403, 3.740:HIS* Standards ofJudicial Administration, std. 3.10
INSTRWIONS ON HOW TO COMPLETE THE CCWR SHEETTo Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case you mustcomplete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compilestatistics about the types and numbers of cases filed. You must complete items 1through 6 on the sheet. In item 1, you must checkone 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. Acoversheet 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 itscounsel, 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 asan action for recovery of money owedin a sum stated to becertain that is not more than $25,000, exclusive ofinterest and attorney's fees, arising from a transaction in whichproperty, services, or money was acquired on credit. Acollections case does not include an action seeking the following: (1) tortdamages, (2) punitive damages, (3) recovery ofreal property, (4) recovery of personal property, or(5) a prejudgment writ of attachment.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-servicerequirements and case management rules, unless a defendant files a responsive pleading. Arule 3.740 collections case will be subjectto the requirements for service and obtaining a judgment inrule3.740.To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether thecase is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated bycompleting the appropriate boxes in items 1and 2. If a plaintiff designates a caseas complex, the cover sheetmust beserved with thecomplaint on all parties to the action. Adefendant may file and serve no later than the time of its first appearance a joinder in theplaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation thatthe C3SP is mmnlsv
CM-010
the case is complex.
Auto Tort
Auto(22)—Personal Injury/PropertyDamage/Wrongful Death
Uninsured Motorist (46) (// thecase involves an uninsuredmotoristclaim subject toarbitration, check thislteminstead of Auto)
Other PI/PD/WD (Personal Injury/Property Damage/Wrongful Death)Tort
Asbestos (04)Asbestos Property DamageAsbestos Personal Injury/
Wrongful DeathProduct Liability (not asbestos or
toxic/environmental) (24)Medical Malpractice (45)
Medical Malpractice-Physicians &Surgeons
Other Professional Health CareMalpractice
Other PI/PO/WD(23)Premises Liability (e.g., slip
and fall)Intentional Bodily Injury/PD/WD
(e.g., assault, vandalism)Intentional Infliction of
Emotional DistressNegligent Infliction of
Emotional Distress
Other PI/PD/WD
Nort-PI/PD/WD (Other) TortBusiness Tort/Unfair Business
Practice (07)l-iCivil Rights (e.g., discrimination,, . false arrest) (not civil•"" harassment) (08),, Defamation (e.g., slander, libel)
(13)'""Fraud (16), ..Intellectual Property (19)'"'Professional Negligence (25)•-... Legal Malpractice
. Other Professional Malpractice(not medical or legal)
."Other Non-PI/PD/WD Tort (35)Efiftployment'"'Wrongful Termination (36)!;Other Employment (15)
CM-0t0lRev. July 1.2007)
CASE TYPES AND EXAMPLES
Contract
Breach of Contract/Warranty(06)Breach of Rental/Lease
Contract (not unlawful detaineror wrongfuleviction)
Contract/Warranty Breach—SellerPlaintiff (notfraud ornegligence)
Negligent Breach of Contract/Warranty
Other Breach of Contract/WarrantyCollections (e.g., money owed,open
book accounts) (09)Collection Case—Seller PlaintiffOther Promissory Note/Collections
Case
Insurance Coverage (notprovisionallycomplex) (18)Auto SubrogationOther Coverage
Other Contract (37)Contractual FraudOther Contract Dispute
Real PropertyEminent Domain/Inverse
Condemnation (14)Wrongful Eviction (33)Other Real Property' (e.g., quiet title) (26)
Writof Possession of Real PropertyMortgage ForeclosureQuiet TitleOther Real Property (not eminentdomain, landlord/tenant, orforeclosure)
Unlawful Detainer
Commercial (31)Residential (32)Drugs(38) (ifthecase involves illegal
drugs, check this item; otherwise,report as Commercial or Residential)
Judicial ReviewAsset Forfeiture (05)Petition Re: Arbitration Award (11)Writ of Mandate (02)
Writ-Administrative MandamusWrit-Mandamus on Limited Court
Case Matter
Writ-Other Limited Court CaseReview
Other Judicial Review (39)Review of Health Officer OrderNotice of Appeal-Labor
Commissioner Appeals
CIVIL CASE COVER SHEET
Provisionally Complex Civil Litigation (Cal.Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)Construction Defect (10)Claims Involving Mass Tort (40)Securities Litigation (28)Environmental/ToxicTort (30)Insurance Coverage Claims
(arising fromprovisionallycomplexcase type listed above) (41)
Enforcement of JudgmentEnforcement of Judgment (20)
Abstract of Judgment (Out ofCounty)
Confession of Judgment (non-domestic relations)
Sister State JudgmentAdministrative Agency Award
(not unpaid taxes)Petition/Certification of Entryof
Judgment on Unpaid TaxesOther Enforcementof Judgment
Case
Miscellaneous Civil ComplaintRICO (27)Other Complaint (notspecified
above) (42)Declaratory Relief OnlyInjunctive Relief Only (non-
harassment)Mechanics Lien
Other Commercial ComplaintCase (non-tort/non-complex)
Other CivilComplaint(non-tort/non-complex)
Miscellaneous Civil PetitionPartnership and Corporate
Governance (21)Other Petition (not specified
above) (43)Civil Harassment
Workplace ViolenceElder/Dependent Adult
AbuseElection Contest
Petition for Name ChangePetition for Relief from Late
Claim
Other Civil Petition
Page 2 of 2
& •'•'
short title: GENEVA GONZALES v. JENNY CRAIG, INC., et
al. •
CASE number§01736
CIVIL CASE COVER SHEET ADDENDUM ANDSTATEMENT OF LOCATION
(CERTIFICATE OF GROUNDS FOR ASSIGNMENTTO COURTHOUSE LOCATION)
This form is required pursuant to Local Rule 2.3 in all new civil case filings in the Los Angeles Superior Court.
Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:
JURY TRIAL?CZ]YES CLASS ACTION? CD YES LIMITED CASE? • YES TIME ESTIMATED FOR TRIALlOx I IHOURS/1 IDAYS
Item II. Indicate the correct district and courthouse location (4 steps - If you checked "LimitedCase", skip to Item III, Pg. 4):
Step 1: After first completing the Civil Case CoverSheet form, find the main Civil Case CoverSheet heading for yourcase in the left margin below, and, to the right in Column A, the Civil Case CoverSheet case type you selected.
Step 2: Check one Superior Court type ofaction in Column B below which best describes the nature ofthis case.
Step 3: In Column C, circle the reason for the courtlocation choice that applies to the type of action you havechecked. For any exception to the court location, see Local Rule 2.3.
Applicable Reasons for Choosing Courthouse Location (see Column C below)
1. Class actions must be filed in the Stanley Mosk Courthouse, central district.2. May be filed in central (other county, or no bodily injury/property damage).3. Location where cause of action arose.4. Location where bodily injury, death or damage occurred.5. Location where performance required or defendant resides.
6. Location of'property or permanently garaged vehicle.7. Location where petitioner resides.8. Locationwherein defendant/respondent functions wholly.9. Location where one or more of the parties reside.
10. Location of Labor Commissioner Office
11. Mandatory Filing Location (Hub Case)
Step 4: Fill in the information requested on page 4 in Item III; complete Item IV: Sign the declaration.
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Civil Case ©over Sheet
Category No*jf
Auto (22)
Uninsured Motorist (46)
Asbestos (04)
Product Liability (24)
Medical Malpractice (45)
Other Personal
Injury PropertyDamage Wrongful
Death (23)
UCACIV109 (Rev 3/15)
LASC Approved 03-04
: i,m¥ss> «w^*t wP^ TvpewActionF^ 7*Type^of?Action!I, « ,,(Check|?nly one)
4c
I I A7100 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death
j^P Applicable M"Reasons - See Step 3*
Above
1., 2.. 4.
[ I A7110 Personal Injury/Property Damage/Wrongful Death- Uninsured Motoris 1., 2., 4.
I I A6070 Asbestos Property Damage
I I A7221 Asbestos-Personal Injury/Wrongful Death:
I I A7260 Product Liability (notasbestos or toxic/environmental)
I I A7210 Medical Malpractice - Physicians &Surgeons
I I A7240 Other Professional HealthCare Malpractice
I I A7250 Premises Liability (e.g., slipand fall)
| J A7230 Intentional Bodily Injury/Property Damage/Wrongful Death(e.g.,assault, vandalism, etc.)
I I A7270 intentional Infliction of Emotional Distress ••
f I A7220 Other Personal Injury/Property Damage/Wrongful Death
CIVIL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
1., 2., 3„4., 8.
1..4.
1..4.
1..4.
1., 4.
1..3.
1., 4.
Local Rule 2.3 zS^Page 1 of 4
LA-CV109
