OMAN SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jan-20-2016 12:21 pm Case Number: CGC-16-549980 Filing Date: Jan-20-2016 12:05 Filed by: ARLENE RAMOS Juke Box: 001 Image: 05239905 COMPLAINT SPENCER JANSSEN VS. SQUARE, INC., ET AL 001005239905 Instructions: Please place this sheet on top of the document to be scanned.SUM SUMMONS onerrsaa ey (CITACION JUDICIAL) al ae NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): SQUARE, INC., a California Corporation doing business as ‘rycaviar.com; and DOES | through 50, inclusive, YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): SPENCER JANSSEN, TNOTIGE] Vou have been sued, The cor may decide agalat you wie your bong heard nieve you respond win 30 day. Read tw Ifomnalion below "YoU have 30 CALENDAR DAYS after this summons and logal papers ae served on yout lea writen response a this court and have a copy served on he plain. A let or phone cl wl ot protect you. Your wren response mat be mn proper legal orm i you want fhe court fo hea Your ‘caso. There may be a court form tat you can use for your reponse. You can find hese cout fers and more formation at fe Calforia Cours nine Sai Help Center (mew.courn.ca gowselhe), your court law Bray, o the courthouse rwaret you you cannot pay the ng foo, ack the cout ler for a foo water frm. you donot le your respones on te, you may lose the case by Gesu, ond your wages, money, aNd property tay be taken without frter warning fom the cout “There are oe lal requraments. You may want o call anelomey right ny. i you donot know anatomy, you may wat call an attorney referral svc. you cannot ard a etomey, you my be eg fa ee legal services ‘rom a nonprotiegal sevices program. You can fcale ‘hese nonprofit groups atthe Calforra Legal Sentces Web ste (wine awelpealomia. or), he Catfonia Cours Onine Sei-eip Conse (nna. courtntec2.gewselPab), of by contacing yor local cout or county bar soecaaton. NOTE: The cout has a altery fen fr waved oes and {ats on any seflerent or arbiration award of $10,000 o ore na cil case. The cous on must be pald bate the cout wal leis te cae, JAVISO! Lo han demandece. Sino respende dente de 0 as, le cote puede deca en su conta sin escuchar versén Le le hformaciin & ‘eantinvscn “ane 30 DIAS DE CALENDARIO deapuss de que le entrequon est cack ypapees legal pare presentr una respuesta por ascrto en esta cate y hacer que senrecue une copie al omarono, Una carta une famede eietnica noo potegen, Su respuesta por asco ten que estar ‘on formato legal correct s desea que procasen su caso ona cot. Es posible que aya un formar que usted pueda War para Su respuesta. Puede eneonrw estos formulae do a cote y mas iformactn anal Canto de Ayude dol Cotes de Callen (wun. ucore gov) on la Dbletece doles desu condado en la carts que le quede ms coca. Sno puede pagar I cote de presenta, pts a secrete def corte {ue fe un formula de exanein de pogo de cuctes So pocenta su respuesa a lempe, puede parse el caso par Reunite nto yf cote fe ‘Peds quite su suelo, diner benes sins adverts. ay oes requstos legates. Es recomendable que fare a un sbogadoInmeditament, SI no conoce a un abogade, puede amar a un servicio do ramison a abogados. Sine puede pagar a un abogado, es posble que cup con bs requlstos para obtener servos egaesgretulloe do un ‘programa de sercis legals sn fhes de ro. Puede enconrar estos grupos ah es deuce en a sto wad de Calfomi Legal Serdces, (ou lawtelpcalfomia.ory), an af Cento de Ajuda de las Cortes ce Calo, ww sucre ca. gov 9 pontndose on contacto con la corte oa! agi do locales. AVISO: Por, corte Uone reco a recta’ las cubis Ys costo exertos par mponerun grvaman sobre ‘uniter racipercién de $10,000 6 mis de vaor rca medanto un acuero 0 una cancel de arirae on un caso Ge deve Gl. iene Ue ‘aga el gravamen dela cote ants de que la cot pueda devecha casa. “The name and address of the court ase | Elnombre y dreccién dele cote es): Superior Court for the State of California [Cet = 1.6 549980 ‘San Francisco Superior Court 400 McAllister Strect, San Francisco, California 94102 “The name, address, and telephone number of plaints attomey, or plainti without an attorney, is (Elnombra, fa droccién y ol nimero de teléfono del abogedo del demendante, 0 del domandarte que.no tiene abogado, 0s): oar JAN 2.02016 GLERK OF THE COURBiox. oy Meee aes Deputy (Fecha) (Socrotario) ______________ (Adjunto) Ea pa aa oT as PTT OT RAG POST Fern ee a ee eT ET oem. = ONGETO Mer PamaoM eee mood 1. C2) asan individual defendant. 2 [] as the person sued under the Rtious name of (pci: ! BY FAX 1 on behatt of spect): under: =] cop 416.10 (corporation) CCP 416.60 (minor) [Ey Copatez0 ott cprainy — FE} cor +1870 comrvate) [cop 416.40 (assoctation or parmership) [—] CCP 418.00 (authortzed person) TO other (specity: 4. 1 by personal delivery on (date): "halourt Caran ‘SUMMONS aaoeroman meant ies i av wa wn ee ae 25 26 27 28 CAMBER WALACE (TRL NEC © ° Jeremy Pasternak (SBN 181618) LAW OFFICES OF JEREMY PASTERNAK 445 Bush Street, Sixth Floor ‘San Francisco, California 94108 Tel: (415) 693-0300 FI Fax: iy 693-0393 odes ook D Joshua G. Konecky (SBN 182897) JAN 20.2016 ‘SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 180 Montgomery Street, Suite 2000 cur re COURT San Francisco, California 94104 Tel: (415) 421-7100 Fax: (415) 421-7105 TTY: (415) 421-1665 Attorneys for Plaintifis CALIFORNIA SUPERIOR COURT COUNTY OF SAN FRANCISCO SPENCER JANSSEN, Plaintiffs, COMPLAINT UNDER CALIFORNIA CIVIL CODE §§ 1750, ef seq. AND FOR UNFAIR COMPETITION UNDER SQUARE, INC., a California Corporation doing) CALIFORNIA BUSINESS AND business as trycaviar.com; and DOES | through | PROFESSIONS CODE §§17200, et seq. 50, inclusive, oe CLASS ACTION DEMAND FOR A JURY TRIAL BY FAX caere: 666-16-5499 80 (COMPLAINT FOR CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION Janssen. Square, Inc.we on aa 10 ul 12 2B 14 15 16 7 18 19 20 21 24 25 27 SOHNEDER WALACE (ORE OKT Plaintiff Spencer Janssen (“Plaintif?”) on behalf of himself, all others similarly situated, aggrieved individuals, the State of California, complains and alleges as follows: INTRODUCTION 1 This is a class action against Square, Inc. and its related entities (“Square, Inc.” or “the Company”) who misrepresented that funds it charged to and collected from its Customers (Plaintiff and the proposed class) in connection with the “trycaviar.com” food delivery business were “gratuities” that would be paid to the delivery drivers, when in fact the Company retained these funds for itself. 2. trycaviar.com Customers pay for goods and services either on-line or through ‘rycaviar.com’s smartphone “app.” 3. Through approximately August, 2015, at the time trycaviar.com Customers paid (Cither on-line or through the app) they were provided with, first, the total cost of the food ordered, and then immediately below this, a line item for “Tax and Gratuity.” This amount equaled the region’s sales tax on the purchased items plus approximately eighteen percent (18%) of the purchased items. 4. No portion of this “gratuity” was provided to the delivery drivers. 5. The members of the purported class believed, that customers of trycaviar.com understood that the gratuity was- as its name suggested — going to be paid to the drivers. 6. In fact, there was no means at the on-line “checkout” page for customers to provide al separate or additional tip. 7. 100% of this ostensible “gratuity” was kept by the Company, and that none of these funds were actually transmitted to the drivers. 8. Square, Inc. and Square, Inc. doing business as trycaviar.com are therefore liable to Plaintiff and the members of the proposed class for equitable relief, including restitution going back three years prior to the filing of this Complaint, pursuant to the Consumer Legal Remedies Act (“CLRA”) California Civil Code §§ 1750, et seq. and four years prior to the filing of this T ‘COMPLAINT FOR VIOLATION OF CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION Janssen v. Square, Ine.Cmrnnaeen 10 uM 12 2B 14 15 16 7 18 19 20 21 22 25 26 ea 28 scence WALACE Core EAE Complaint, pursuant to California's Unfair Competition Law (“UCL”) California Business and Professions Code §§17200, et seq. PARTIES Plaintiff Spencer Janssen is a customer of Square Ine. and Square Ine. doing busine: as trycaviar.com utilizing their food delivery service since approximately February, 2015. 10, Plaintiffs a resident of California, 11. Defendant is a corporation headquartered in San Francisco, California, and has its principal place of business in San Francisco, California. Pursuant to the holding of Hertz. Corp. v. Friend (2010) 130 S. Ct. 1181, “principal place of business” is best read as referring to the place where a corporation's officers direct, control, and coordinate the corporation's activities, the location referred to therein as the corporation’s “nerve center.” As the Hertz case held, in practice | it should normally be the place where the corporation maintains its headquarters so as to perform those functions referenced above. 12, Plaintiffs do not know the true names and capacities of Defendants sued herein as DOES 1-50, and therefore sues these Defendants by fictitious names. Plaintiffs will amend their complaint to state the true names and capacities when ascertained. Each of the fictitiously named Defendants is responsible in some manner for the occurrences and injuries alleged herein, and that Plaintiffs’ injuries as hereinafter set forth were proximately caused by said Defendants, 13, Defendants acted in concert with each and every other Defendant, intended to and did participate in the events, acts, practices and courses of conduct alleged herein, and were a proximate cause of injury thereby to Plaintifis as alleged herein. 14, Atall times herein mentioned, each Defendant was the agent or employee of each of| the other Defendants and was acting within the course and scope of such agency or employment. 15, Throughout this Complaint, any reference to “Defendant,” “Defendants” “the Company,” “Square, Inc.” “trycaviar.com,” and/or “Square Inc., doing business as trycaviar.com” is intended to refer to each and every Defendant jointly. z ‘COMPLAINT FOR VIOLATION OF CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION Janssen v. Square, Ine.ear auawn 10 u 2 13 4 15 16 7 18 19 20 21 24 25 26 at 28 ScoNEDER WALLACE (OMRON r JURISDICTION 16. This Court has jurisdiction over Plaintiffs’ and the Class Members’ claims pursuant to the California Civil Code §1750 et seq, and California Business and Professions Code §17200 ef| seq. 17, This Court has jurisdiction over Plaintiffs? and the Class Members’ claims for equitable and injunctive relief, including restitution, pursuant to Business & Professions Code §§17203 and 17204 and California Civil Code §1782(4). 18. The San Francisco Superior Court has jurisdiction because the individual claims of the members of the Class herein are under the seventy five thousand dollar ($75,000) jurisdictional threshold for Federal Court. Furthermore, there is no federal question at issue. This Court has jurisdiction because the aggregate amount in controversy is less than five milion dollars. VENUE 19. Venue as to Defendants is proper in this County pursuant to Code of Civil Procedure| §395(a). Defendants conduct business in this County, and are headquartered in this County. FACTUAL ALLEGATIONS 20. The policies and practices of Defendants and Does 1 - 50, including collecting from consumers “gratuities” on behalf of drivers and then not paying those gratuities to drivers, at all relevant times, have been substantially similar, if not identical, with respect to the Plaintiffs and the class of similarly situated employees alleged herein. 21. The Company operates and provides services in four locations in California (San Francisco, South San Francisco, “East Bay” and Los Angeles). 22. Asis set forth above, the Company’s on-line and app-based ordering systems required customers to pay a line item for “tax and gratuity”; the gratuity portion of this is approximately eighteen percent (18%) of the total purchase. Atal times, through its system, it ‘was represented to customers that this isin fact a “tip”, as opposed to a service fee. In fact, under the line item “delivery fee” appeared the word “free.” z ‘COMPLAINT FOR VIOLATION OF CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION anssen. Square Ine1 23. No portion of this “gratuity” was provided to the delivery drivers, nor were the funds| 2 || in any other way treated as a gratuity. 3 24. — Defendants represented to the customers of trycaviar.com that the gratuity in the line 4 || item “tax and gratuity” is—as its name suggests — going to be paid to the drivers. This 5 || representation is false, 6 25, 100% of this ostensible “gratuity” were kept by the Company, and that none of these 7 || funds are actually transmitted to the drivers. 8 26, Defendants ended this practice in or around August, 2015, but did not refund the 9 |) customers. 10 CLASS ALLEGATIONS u 27. Plaintiffs bring Causes of Action One and Two on behalf of themselves and all 12 || others similarly situated pursuant to California Code of Civil Procedure §382. The Class that 13 |) Plaintiffs seek to represent is defined as follows: a All individuals who were customers ordering from, and paying “gratuity” to, trycaviar.com 15 in California at any Se within hoe years before he fling of this complaint until August, 2 28, This action has been brought and may properly be maintained as a class action under "7 || Code of Civil Procedure §382 because ther i a well-defined community of interest in the "8 | gation and the proposed clas is easily ascertainable: » 2. Numerosity: The potential members of the Class as defined are so numerous 70 that joinder of all the members of the Class is impracticable. 2 >. Commonality: There are questions of law and fact common to Plaintiffs and 2 the Class that predominate over any questions affecting only individual members of the 2 Class. ‘These common questions of law and fact include, without limitation: ” i, Whether or not trycaviar.com falsely and misleadingly charged _ customers for a “gratuity” that was not actually a gratuity. % os ‘Why trycaviar.com kept the gratuity for itself, 2 "Whether trycavine.com must repay the “gratuity” tothe customers. 7 sowenee wauxc || COMPLAINT FOR VIOLATION OF CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION corre LORE Janssen . Square, Ine10 u 12 B 14 15 16 17 18 19 20 21 22 23 25 26 28 SOOMEDER WALACE CTL EWE © 9 iv. Whether trycaviar.com’s practice of collecting a “gratuity” that was not actually being paid to any individual service providers (the drivers) constituted a violation of the Consumer Legal Remedies Act. vy. Whether trycaviar.com’s practice of collecting a “gratuity” that was not actually being paid to any individual service providers (the drivers) constituted a violation of the Unfair Competition Law. vi. Whether trycaviar.com acted with a malicious and callous disregard ‘for the rights ofits customers, whereby it should be subject to the assessment of punitive damages pursuant to the Consumer Legal Remedies Act. vii. The determination of appropriate relief, including restitution and interest owed to Plaintiffs and the Class as alleged herein. ‘Whether damages can be established on a class-wide basis and, if so, what is the proper measure of damages. ©. Typicality: The Plaintiff's claims are typical of the claims of the Class. ‘trycaviar.com’s common course of conduct in violation of law as alleged herein has caused Plaintiffs and Class Members to sustain the same or similar injuries. ‘The Plaintiff's claims are thereby representative of and co-extensive with the claims of the class. d. Adequacy of Representation: Plaintiff is a member of the Class, does not have any conflicts of interest with other Class Members, and will prosecute the case vigorously on behalf of the Class. Counsel representing Plaintiff are competent and experienced in litigating large class actions, including those premised on violations of the same statutes alleged herein. Plaintiffs will fairly and adequately represent and protect the interests of the Class Members. €. Superiority of Class Action: A class action is superior to other available means for the fair and efficient adjudication of this controversy. Individual joinder of all (Class Members is not practicable, and questions of law and fact common to the Class ‘predominate over any questions affecting only individial members of the Class.” Each Class|" 3 COMPLAINT FOR VIOLATION OF CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION Janssen v. Square, Ine.somes wauact CML KOEN ‘Member has been injured and is entitled to recovery by reason of Defendants’ illegal policies and/or practices. Class action treatment will allow those similarly situated persons to litigate their claims in the manner that is most efficient and economical for the parties and] the judicial system. FIRST CAUSE OF ACTION Liability Pursuant to the Consumer Legal Remedies Act (Against All Defendants — on Behalf of the Class) Plaintiff re-alleges and incorporate the foregoing paragraphs as though fully set forth herein | 29. The Consumer Legal Remedies Act, California Civil Code §1770(a) provides: The following unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer are unlawful: (9) Advertising goods or services with intent not to sell them as advertised; (14) Representing that a transaction confers or involves rights, remedies, or obligations which it doesn’t not have or involve... 30, Square, Inc, and Square, Inc. doing business as trycaviar.com is a “person” within the meaning of §§ 1761 (c) and 1770(a) and provides “goods” within the meaning of Civil Code § 1761(a) and 1770(a). 31, Plaintiff and Class members are “consumers” within the meaning of Civil Code §§ 1761(d) and 1770(@) and each food delivery purchase and payment of the “gratuity” constitutes “transaction” within the meaning of Civil Code §§ 1761(¢) and 1770(a).. 32, Square, Inc, doing business as trycaviar.com’s misrepresentation of “gratuity” as intended to be used for the benefit of the delivery drivers constitutes a violation of the California Civil Code § 1750(a)(9) and (14) in that: (a) trycaviar.com presented a line item labeled “tax and ‘gratuity” to the consumer for each transaetion; (b) trycaviar.com then charged approximately 18% of the total purchase for the gratuity portion of this line item, after accounting for the applicable taxes; (c) trycaviar.com simultaneously represented to the consumers that this gratuity charge was not for any service fee, both by calling it a “gratuity” as well as by representing in the same~ 6 (COMPLAINT FOR VIOLATION OF CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION Janssen. Square, Ine.a aueon COTE, ON transaction that the “delivery fee” was “free”; and (4) trycaviar.com did not provide the gratuity collected to the delivery drivers, but instead retained 100% of the funds for itself 33, Asa proximate result ofthe aforementioned actions, Square, Inc. and Square, Ine. doing business as trycaviar.com have damaged Plaintiffs and the Class in amounts to be determined according to proof at time of trial as compensatory and/or restitutionary relief, but in an] amount in excess of the jurisdictional requirements of this Court. 34, Square, Inc.’s and Square, Inc. doing business as trycaviar.com’s actions were done intentionally, maliciously and in callous disregard for Plaintiff's and the Class” interests. Defendants knew that its conduct would have the effect of deceptively misleading its customers with respect to the allocation of the “gratuity”. . 35. Plaintiff and the Class members are entitled to court costs and attorney’s fees pursuant to Civil Code §1780(4). 36. | Wherefore, Plaintiffs and the Class request relief as hereinafter provided. SECOND CAUSE OF ACTION ‘Violation of the Unfair Competition Law (Against Al Defendants) 37, Plaintiffs re-allege and incorporate the foregoing paragraphs as though fully set forth herein. 38, California Business and Professions Code §§17200 et seq., prohibits unfair competition in the form of any unlawful, unfair or fraudulent business acts or practices. 39. California Business and Professions Code §17204 allows a person injured by the ‘unfair business acts or practices to prosecute a civil action for violation of the UCL. 40. Beginning at an exact date unknown to Plaintiffs, Defendants have committed acts of unfair competition as defined by the UCL, by engaging in the unlawful, unfair and fraudulent business practices and acts described in this Complaint, including, but not limited to: (@ Maintaining a service the primary function of which is to engage delivery drivers to deliver food to Plaintiff and members of the class; 7 ‘COMPLAINT FOR VIOLATION OF CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION Janssen v. Square, IneCea aneen 10 W 12 13 14 15 16 7 18 19 20 21 23 24 25 = 27 Scmener wuace COTE NEC ° Q (b) Collecting from Plaintiff and members of the class an approximately eighteen percent (18%) charge for “gratuity”, but then keeping this for itself rather than forwarding it to the delivery drivers as falsely represented. 41, Defendants’ conduct was “unlawful” in that it violated the CLRA as alleged herein, 42. Defendants’ conduct was “unfair” in that the gravity of the harm to Plaintiff, Class members, and general public outweighs the utility of Defendants’ conduct and/or was immoral, unethical, oppressive, unscrupulous or substantially injurious to the Plaintiff, Class members, and general public. 43. Defendants’ conduct was “fraudulent” in that it was likely to deceive Plaintiff, Class ‘members, and the public in general into believing that the eighteen percent (18%) charge for “gratuity” would be conferred to the delivery drivers. 44, — The acts and practices of Defendants have taken from Plaintiffs and the Class funds for purposes other than those for which they were represented, while enabling Square, Inc, and ‘Square, Inc. doing business as trycaviar.com to gain an unfair competitive advantage over law- abiding competitors 45. Business and Professions Code §17203 provides that a court may make such orders or judgments as may be necessary to prevent the use or employment by any person of any practice which constitutes unfair competition. Injunctive relief is necessary and appropriate to prevent Square, Inc. and Square, Inc. doing business as trycaviar.com from repeating its unlawful, unfair and fraudulent business acts and business practices alleged above. 46. Asadirect and proximate result of the aforementioned acts and practices, Defendants have been unjustly enriched by the retention of monies paid for the ostensible “gratuity” by Plaintiffs and the Class Members, which are refundable to them, 47, Business and Professions Code §17203 provides that the Court may restore to any. person in interest any money or property which may have been acquired by means of such unfair competition. Plaintiffs and the Class are entitled to restitution pursuant to Business and. Professions Code §17203 for all gratuities and payments made by Plaintiff and the Class’ Meinbers = (COMPLAINT FOR VIOLATION OF CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION Janssen v. Square, Ine.Cor aneen 10 a 12 1B 14 15 16 7 18 19 20 21 24 25 26 ll 28 cee WALA COTE KEM wr which were unlawfully withheld from the delivery drivers during the four-year period prior to the filing of this Complaint. 48. Plaintiffs’ success in this action will enforce important rights affecting the public interest and in that regard Plaintiffs sue on behalf of themselves as well as others similarly situated, Plaintiffs and the Class seek and are entitled to declaratory and injunctive relief, and all other equitable remedies owing to them. 49. Plaintiffs herein take upon themselves enforcement of these laws and lawful claims, ‘There is a financial burden involved in pursuing this action, the action is seeking to vindicate a ‘public right, and it would be against the interests of justice to penalize Plaintiffs by forcing them to ‘pay attorneys’ fees from the recovery in this action. Attorneys’ fees are appropriate pursuant to Code of Civil Procedure §1021.5 and otherwise. 50. Wherefore, Plaintiffs and the Class request relief as hereinafter provided. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for relief as follows: 1, Foran order certifying this action as a class action under California Code of Civil Procedure §382, as alleged herein, appointing Plaintiff as Class Representative, and Plaintiff's attorneys as Class Counsel; 2. For a declaratory judgment that Square, Inc. and Square, Inc, doing business as trycaviar.com has violated California Law and public policy as alleged herein; 3. Fora declaratory judgment that Square, Inc. and Square, Inc. doing business as ‘trycaviar.com has violated Business and Professions Code §§17200 et seq., as a result of the aforementioned violations; 4. For preliminary, permanent and mandatory injunctive relief probibiting Square, Inc. and Square, Inc. doing business as trycaviar.com and its officers, agents and all those acting in concert with them, from committing in the future those violations of law herein alleged; 5. For an equitable accounting to identify, locate and restore to all customers the sgzatuities they are due in the form of restitution, with interest thereon; “~~~ ~~ d ‘COMPLAINT FOR VIOLATION OF CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION Janssen v. Square, Inc.° Qe 1 6. For an award of reasonable attorneys’ fees as provided by California Code of Civil 2 || Procedure §1021.5, and/or other applicable law; 3 7. Forall costs of suit; and 4 8. For such other and further relief as this Court deems just and proper. 5 || Respectfully submitted, 6 7 || Dated: January 13, 2016 LAW OFFICES OF JEREMY PASTERNAK 8 9 10 W R Dated: January 13, 2016 SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 13 14 is maa 16 7 18 19 20 2 23 25 To ‘COMPLAINT FOR VIOLATION OF CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION Janssen y, Square, Ine never wus i ire DEMAND FOR. TRIAL Plaintiff hereby demands a jury trial on all claims and issues for which Plaintiff is entitled to| ajmy. Respectfully submitted, Dated: January 13, 2016 ‘LAW OFFICES OF JEREMY PASTERNAK PASTERNAK for Plaintiffs Date: January 13, 2016 SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP iT COMPLAINT FOR VIOLATION OF CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION Janssen v. Square, Ina.ctr ana Gr ao aaeeeiaael oo ‘Schneider Wallace Cottrell Konecky Wotkyns LLP 2000 Poxrll Street, Suite 1400, Emeryville, CA 94608, ae FE D ‘eurmcrave: (415) 421-7100 roves (415) 421-7105 Se as) Seger Seas ranaaco SUPERIOR COURT oF CALFONNA.SoORTYOF San Francisco ‘strezrAponess: 400 McAllister Street YAN 20 2016 wave anonese Same Siacsae Coe Cons Canteens CERF oe Bie |S aeen eecmna ‘Spencer Janssen v. Square, Inc., et cmnig CIVIL CASE COVER SHEET Complex Cave Belralion =6-549980 | ralitesee a ears ee T6-54 (Amount (amount cunt nse mae Cmarded _ Sermeds_ | Flodwih at pporre by detndat ineascoo) $6t00cresn| "Manse ear na 6 | “con ‘Henis 4-6 below must be completed (see instructions Gn page 2). [i- Check one box below forthe case type that best describes this case: et mae Provalnay Compt Ci itton oF ry et et trl ‘Uninsured motorist (46) TZ) Rilo 3.740 collections (09) {) Anttrust Trade regulation (03) ‘Other PUPDIWD (Personal injuryiProperty — __]Otver collections (09) 1 construction defect (10) Pamage/Wrongful Death) Tort 1 tnaurance coverage (18) 2) Mass tort 40) FEF Asbestos (09) oterconact @7 TE secures mignon 26) Product Habily (24) Real Property [5 emeonmenta ene tort (90) Meal mace 45) ceaert domaine peeicleloniet [El (cee apenas Dy eepetecrer ‘Sorciespomme cera fo Non-PUPDIWD (Other) Tort 1 wongh evttion (33) ‘types (41) Business tnt busines practice (7) L_] Othe rea property (26) Enforcement of Judgment J coxa rights (08) Unlawful Detainer 1 entorcement of utgment (20) Defamation (13) [J commercat (31) Miscellaneous Civil Complaint TO Fraud (10) TE) Residential (32) © rcoen Intelectual property (19) 1 ngs 0) 1 otter complaint snot specitiod above) (42) Lowreenelanrny petteee ances tt tere PIPE ot ware (05) : nce ern [1 Pemenmc atin) =] Pattison gomrane 20 Wrongful termination (36) (J Witt of mandate (02) o ten Fy otter jus review (20) 2 This case is [_Tisnot “complex under rule 3.400 of the Califomia Rules of Court Ifthe case is complex, mark the factors requiring exceptional judicial management: 2.) Large number of seperately represented parties. LZ] Large number of witnesses ». LZ) Extensive motion practice raising dificult ornovel _e. [_] Coordination with related actions pending in one or more courts issues that wil be time-consuming to resolve Inoher counties, states, or counties, or ina federal court ¢.[1 Substantial amount of documentary evidence —_¢. [7] Substantial postudgment judicial supervision ‘3. Remedies sought (check ail that apply): @.[ 7] monetary b.[7] nonmonetary; declaratory or injunctive reliet¢. [—]punitive ‘4, Number of causes of action (spect) 5, Thiscase [ZJis [_Jisnot a ciass action suit. 6. fthore are any known related cases, fle and sarve a notice of related case, (You may use form CM-O15,) Date: January 19, 2016 Joshua G. Konecky ane TERRI ca + Plain must fle tis cover sheet withthe frst paper fled in thy’ or procaeding (except smal lame cases or oases fled Lnder the Probate Code, Family Code, or Welfare and Code). (Cal. Rules of Court, rule 3.220.) Fale to fle may result Insanctons.. ‘ Flo tha cover sheet inaction to any cover sheet required by local court ru, * If this case fs complex under rule 3.400 et seq ofthe California Rules of Cour, you must serve a copy ofthis cover sheet on ail ‘other parties to the action or procoeding.. —— ‘VIL GASE COVER SHEET Sauer eoneeaents cps eae Soa BY FAX° 3 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET cee To Plaintiffs and Others Filing Fist Papers. If you ae fing a fat paper (fr example, a complain) ina cl case, you must comple and lo slong wit yout ft paper, the Cll Case Cover Sheet coraned on pege 1 Ths lvereton wil bo used compis Salts about tho types and numbers of ses fled, You must compete lms 1 though 6 on te shee Inlem “You Must check ‘one box forthe case ype that best decrbes the caso. Ifthe case ft both a general and a more speetic type of ease std in mn 1: hock to more specie one. If he caso has multiple causes of acon, check the box that best ndeates the primary cause of eco ‘To assist you In completing tho sheet, examples of tho cases that belong under each case ype inter tare proved below A cover sheet must be fled ony with your nal paper, Fae to flea cover sheet with the fst paper fled in'a Gl caso may subject pay, is counsel, or both o sanctions under rl 2.30 and 3.220 of the Cafomia Rus of Court To Parties In Rule 3.740 Colloctons Cases. A “callectons case" under rue 3,740 ls defined as an action for recovery of money ‘owed ina sum sated to be certain that is not more than $25,000, excite of terest and attomey' fees, arsing tom ansacon which property, serves, or money was acqued on ered. ealleons case does not ncide an acon seoking the follwing: (1) tt damages, (2) puntve damages, (3) recovery of real property, (4) recovery of personal propery, of (8) a preludgment wt cf ttochment. Tho Wentfcaton ofa caso aa a Yue 2740 cofectons case on tis frm means tat til bs exempt fon the gens {imo-or-serce roquremerts end case management rls, unless defender fles a responsive plading, Arle 3.740 eslciona azo Wil be subject to the requirement for sence and obaring judgment in tue 3.740, ‘To Parties in Complox Cases. In complex cases on, patos must slo use tho Chi Case Cover Shoot to designate whether the caso ls complex. «paint Boeves the case fs compcx under uo 3400 ofthe Calfomia Rules of Cour, is must be inacated by Cempletng the eppropiete bores in tame 1 and 2 Ifa plant designates a case as complex, ths cover shoot must bo served wt ‘amplenton all partes t the acon. A defendant may flo and sere no lator than the Smo fs st appoarance a Joiner In the Dian’ designation, a counter designation thatthe case not compl or, Ifthe plintf has made no designation. & designation tat fhe case complex CASE TPES AND EOMPLES ‘oT cont Provlonay Compl Cet gation (a 76 2-Pesonal uy ronety cht Cortana) Rome Cob Rabe sa) Coon Vorgt Soe ess aiReahae “vtltet Remaion Umar ret te connie Ce neh es Po 4 eae contact Se ater Some Slate om Wart fe ar tprc) erent 00) easertaca veka gece rns Comte cate Stee PURO Peron cet St of corescnaranty soca cee nS os = Tort ca ao Collections (e.9.. money owed, open Enforcement of Jt enon) oat aS 08 Satr o e 2) ace pea slr Cate er Para ‘ictal hla Got bers Povey oe Ste heron Nelsteons i a oy cant eat no ae Irnranis Choe rovionaty 7 7 ty sea Ba ome decent Saeen Sathitahs Mey Ane wieder Cites Coe, me Physicians & Surgeons ‘Other Contract (37) Vache tet po pl gt Aa ner oot ea Cae Garena ger ry tn ‘ Cee ont feesnat Store ome orp raters recy Say 9. sp Poe smut omit ma mcrae ern ay ino wont Eton 3) Cola rt wt ‘crooner ter eat Prev, et sor va ino pie enya Dresden tem ion eecresae Negligent infliction of i harassment) ers Sats omer fieone Non Bur OnND (ey Tent oes Tora enree mee on cua fo, dain, ‘eae toa out st, ul Cero, ae Legal Malpractic Oneal a ota Nas UPOING te Ret Tene) Soetensoret OS Sea aa CIVIL CASE COVER SHEET aa