Pres of AA Wholesale PAT HONDA VS. AMERICAN APPAREL BC595546

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CONFORMED
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Keith A. Fink, Bar No. 146841

Sarah B. Hernandez, Bar No. 206305
Jennifer H. Yeung, Bar No. 280819
FINK & STEINBERG
Attorneys at Law
11500 Olympic Boulevard, Suite 316
Los Angeles, California 90064
Telephone: (310) 268-0780
Facsimile: (310) 268-0790
tcrtorcaJifom
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Sherrj
SEP 2 3 2015
Carter,
ye
Shauny BokJen Officer/Clerk
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OPuty
Attorneys for Plaintiff

PATRICIA HONDA
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SUPERIOR COURT OF TIlE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
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PATRICIA HONDA, an individual;
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CENTRAL DISTRICT
CASE NO.
Plaintiff,
BC 5955 4 6
COMPLAINT FOR DAMAGES FOR:

1. VIOLATION OF GOVERNMENT CODE
12900, 4 q. [Discrimination Based on Race
and/or National Origin];
vs.
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AMERICAN APPAREL, INC., a Delaware

corporation; AMERICAN APPAREL
RETAIL, INC., a California corporation;
AMERICAN APPAREL (USA), LLC, a
California limited liability company;
AMERICAN APPAREL
MANUFACTURING, INC., a California
corporation, AMERICAN APPAREL
GROUP, a Delaware corporation;
AMERICAN APPAREL CORPORATION, a
Delaware corporation; and DOES 1 to 100,
inclusive,
2. VIOLATION OF GOVERNMENT CODE

12940(k) [Failure to Prevent Discrimination]
3. WRONGFUL TERMINATION IN
VIOLATION OF GOVERNMENT CODE
12900,4 q.
4. WRONGFUL TERMINATION IN
VIOLATION OF PUBLIC POLICY
5. BREACH OF ORAL CONTRACT

6. VIOLATION OF LABOR CODE
Defendants.
1102.5
7. VIOLATION OF LABOR CODE 201,4
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8. VIOLATION OF LABOR CODE 203, et
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9. VIOLATION OF LABOR CODE 204(a),
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10. VIOLATION OF LABOR CODE 226
11. VIOLATION OF BUSINESS &
PROFESSIONS CODE 17200, et cq,.
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[JURY TRIAL DEMANDED]
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COMPLAINT FOR DAMAGES
Plaintiff PATRICIA HONDA hereby alleges as follows:
VENUE AND PARTIES
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1.
Plaintiff PATRICIA HONDA (PLAINTIFF and/or HONDA) is, and at all times
relevant hereto was, a resident of the County of Los Angeles, State of California.
2.
PLAINTIFF is informed and believes, and thereon alleges, that Defendant AMERICAN
APPAREL, INC. (AMERICAN APPAREL and/or DEFENDANTS) is, and at all times relevant
hereto was, a Delaware corporation doing substantial business in the County of Los Angeles, State of
California.
3.
PLAINTIFF is informed and believes, and thereon alleges that Defendant AMERICAN
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APPAREL RETAIL, INC. (AMERICAN APPAREL and/or DEFENDANTS) is, and at all times
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relevant hereto was, a California corporation, doing substantial business in the County of Los Angeles,
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State of California.
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4.
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APPAREL (USA), LLC (AMERICAN APPAREL and/or DEFENDANTS) is, and at all times
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relevant hereto was, a California limited liability company, doing substantial business in the County of
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Los Angeles, State of California.
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5.
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APPAREL MANUFACTURING, INC. (AMERICAN APPAREL and/or DEFENDANTS) is, and
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at all times relevant hereto was, a California corporation, doing substantial business in the County of
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Los Angeles, State of California.
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APPAREL GROUP (AMERICAN APPAREL and/or DEFENDANTS) is, and at all times
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relevant hereto was, a Delaware corporation, doing substantial business in the County of Los Angeles,
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State of California.
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APPAREL CORPORATION (AMERICAN APPAREL and/or DEFENDANTS) is, and at all
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times relevant hereto was, a Delaware corporation, doing substantial business in the County of Los
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Angeles, State of California.
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8.
PLAINTIFF is informed and believes, and thereon alleges that AMERICAN
APPAREL, INC., AMERICAN APPAREL RETAIL, INC., AMERICAN APPAREL (USA), LLC,
AMERICAN APPAREL MANUFACTURING, INC., AMERICAN APPAREL GROUP, and
AMERICAN APPAREL CORPORATION were joint employers of PLAINTIFF. AMERICAN
AMERICAN APPAREL CORPORATION hired employees jointly, including PLAINTIFF,
controlled PLAINTIFFS and other employees work assignments, and paid PLAINTIFFS and other
employees wages. Therefore, these entities were at all times joint employers of PLAINTIFF.
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9.
PLAINTIFF is unaware of the true names and capacities, whether individual, corporate,
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associated or otherwise, of Defendants DOES 1 through 100 (DOES and/or DEFENDANT DOE)
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inclusive, and therefore sues said Does by such fictitious names. PLAINTIFF will seek leave of Court
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to amend this Complaint to show the true names and capacities of such DOES when the same has been
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ascertained. PLAINTIFF is informed and believes, and thereon alleges that each of the fictitiously
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named Defendants is responsible to PLAINTIFF for the injuries suffered and alleged herein, or is
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subject to the jurisdiction of the Court as a necessary party for the relief herein requested.
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10.
PLAINTIFF is informed and believes, and thereon alleges that AMERICAN
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AMERICAN APPAREL CORPORATION are alter-egos of one another because there is such a unity
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of interest and ownership that their separate corporate personalities are merged so that one corporation
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is a mere adjunct of another and the companies form a single enterprise. PLAINTIFF further alleges
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that AMERICAN APPAREL, INC., AMERICAN APPAREL RETAIL, INC., AMERICAN
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APPAREL (USA), LLC, AMERICAN APPAREL MANUFACTURING, INC., AMERICAN
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APPAREL GROUP, and AMERICAN APPAREL CORPORATION commingled their funds and
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other assets, failed to segregate the funds of the separate entities, allowed the diversion of corporate
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funds or assets to non-corporate uses, failed to maintain corporate minutes, failed to maintain adequate
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corporate records, failed to adhere to corporate formalities, failed to conduct transactions by and
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COMPLPJNT FOR DAMAGES
between one another at arms length, used the same offices and/or business locations, employed the
same or largely the same employees, and/or failed to adequately capitalize some or all of the
corporations.
11.
PLAINTIFF is informed, believes, and thereon alleges that each DEFENDANT and
DOE is now, and was at all times mentioned herein, the agent, principal, partner, officer, joint venturer,
employee or alter ego of the remaining DEFENDANTS and DOES, and that all of the acts and conduct
alleged herein were performed within the course and scope and in the furtherance of such agency,
partnership, joint venture, employment or alter ego relationship.
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County of Los Angeles.
GENERAL ALLEGATIONS
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Venue is properly laid in this Court in that the claims and injuries occurred in the
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PLAINTIFF re-alleges and incorporates herein by reference, as though set forth in full
herein, and every allegation contained in Paragraphs 1 through 12, inclusive.

14.
HONDA is a female of Asian descent and as such is subject to protection under the
California Fair Employment and Housing Act (FEHA).

15.
In or around 2001, HONDA began her employment with AMERICAN APPAREL.
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After working for the company for over a decade, as of the year 2014, HONDA had worked her way
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up in the company and held the high level position of President of Wholesale.
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16.
In or around January/February 2015, AMERICAN APPAREL underwent significant
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executive/corporate changes. These changes included, but were not limited to, PAULA SCHNEIDER
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(SCHNEIDER), being appointed as CEO and officially naming CYNTHIA ERLAND (ERLAND)
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as AMERICAN APPARELS Senior Vice President of Marketing.
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After ERLAND commenced working for AMERICAN APPAREL, she and/or
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DEFENDANTS began instituting swift and dramatic changes to the company, particularly to its
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marketing campaigns and advertising strategy.
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ERLAND began making comments that she desired utilizing only models of Caucasian
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descent, and moving away from the DEFENDANTS long-standing tradition of incorporating a diverse
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range of models, including Asian models.
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ERLAND made comments that she desired to work with only European/Caucasian
models for future advertising campaigns.

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Upon ERLAND and SCHNEIDERS appointment as executive management for
AMERICAN APPAREL they began to terminate the employment of the tenured Asian employees.
For example, Joey Ng, Sophia Wu, Tokiko Miyashiro and Kyung Chung were all terminated from
their employment with AMERICAN APPAREL in 2015.
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Upon information and belief, ERLAND and SCHNEIDER replaced these employees
with less qualified Caucasian and/or other non-Asian individuals.

22.
During her tenure of employment, HONDA earned and AMERICAN APPAREL
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authorized raises, bonuses totaling over Twenty Thousand Dollars ($20,000.00) and/or stock grants
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totaling over One Hundred Twenty Thousand Dollars ($120,000.00). HONDA never received these
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monies and/or stock grants.
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Immediately after SCHNEIDERS appointment as CEO, HONDA complained to her
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regarding the unpaid! earned bonuses and/or stock grants. However, SCHNEIDER ignored those
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complaints. Because the complaints fell on deaf ears, HONDA hired KEITH FINK, ESQ. (FINK)
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of FINK & STEINBERG to represent her in her claims for unpaid wages.
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On or about February 18, 2015, FINK sent correspondence to AMERICAN APPAREL,
informing it that he represented HONDA in her significant employment claims against it.
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On or about February 20, 2015, after the company had been put on notice that HONDA
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had retained counsel, AMERICAN APPAREL presented her with an Employment Agreement
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(Agreement).
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Wholesale at American Apparel, Inc., and promised her with a yearly salary rate of One Hundred
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Eighty Thousand Dollars ($180,000.00), eligibility for a performance bonus of up to forty (40%) of
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her base salary, and a stock grant of 100,000 as well as numerous other benefits. (A true and cofferct
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copy is attached hereto as Exhibit A)
The Agreement dated February 19, 2015, confirmed her position as President of
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However, the Agreement was more than just a confirmation of new HONDAS salary
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and bonus.
Page 2 of the Agreement included a release and waiver of all claims, a release of known
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and unknown claims and a release of claims under the Age Discrimination in Employment Act.
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27.
Despite AMERICAN APPARELS knowledge of FINKS legal representation of
HONDA, it demanded that she sign the Agreement in an effort to force her to waive her meritorious
employment claims.
28.
On or about March 2, 2015, FINK informed AMERICAN APPAREL that its attempt
to
outrageous and profoundly unethical.
would negotiate HONDA S Agreement on her behalf only if they removed the language requiring her
to waive all legal claims.
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. .
.buffalo Ms. Honda into waiving and releasing her legal claims against the company [was]
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However, FINK informed AMERICAN APPAREL that he
On or about March 17, 2015, DEFENDANTS responded to FINKS correspondence
regarding HONDA, merely stating that the release language was standard and entirely appropriate.
30.
On or about July 1, 2015, AMERICAN APPAREL terminated HONDA in retaliation
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for her complaints about her unpaid/delinquent wages and/or earned bonus andlor earned stock and/or
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for retaining counsel to protect her legal interests, and/or in order to avoid paying monies due and
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owing to HONDA.
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At the time of her termination, HONDA was not paid all of her wages, including bonus
monies, her salary raise based on the February 19, 2015 contract terms, and/or stock grants.
32.
At the time of her termination HONDA was also entitled to one (1) year of severance,
due to her longstanding employment relationship.

33.
The severance was never paid.
During her employment, HONDA accrued vacation time. However, at the time of
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HONDAS termination, she was not compensated for her vested unused vacation, and to date has not
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received any compensation for her accrued vacation time.
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34.
Upon
information
and
belief,
SCHNEIDER,
CEO,
CRAIG
SIMMONS
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(SIMMONS), the Chief Human Resources Manager, and others, are fully aware of AMERICAN
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APPARELS policy and California law which requires an employer to pay out unused accrued vacation
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time at the time of termination.
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pattern and practice of failing to, and refusing to compensate for unused vacation time, pursuant to the
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company policy.
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35.
However, AMERICAN APPAREL has purposefully engaged in a
HONDA timely filed administrative complaints with the Department of Fair
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Employment and Housing (DFEH) against DEFENDANTS and received corresponding right to sue
letters.
Therefore, HONDA exhausted her administrative remedies.

FIRST CAUSE OF ACTION
12900, et seq.
[Discrimination Based On Race/National Origin]
(Against All DEFENDANTS and DOES 1 to 100)
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36.
PLAINTIFF re-alleges and incorporates herein by reference, as though set forth in full,
each and every allegation contained in Paragraphs 1 through 35, inclusive.

37.
This cause of action is brought pursuant to Government Code
12940, et
which
prohibits discrimination in employment on the basis of race/national origin.

38.
PLAINTIFF is of Asian descent and DEFENDANTS were aware of this fact throughout
her employment and thus she falls within the protected category of Government Code
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12940(a).
During PLAINTIFFS employment with DEFENDANTS, she suffered discrimination
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and harassment in the form of inappropriate racial comments regarding Asians and disparate treatment
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in comparison to her Caucasian counterparts/colleagues.
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40.
The decision to terminate PLAINTIFF because she is Asian and thereby deprive her of
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substantial employment benefits guaranteed by state law, was motivated by the forbidden criteria of
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race/national origin discrimination.
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41.
There was no professional or business justification for the termination of PLAINTIFF
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and the stated reasons were pretextual for the true reasons and motivations, to wit: discrimination based
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on race/national origin, and to replace her with a less qualified worker of non-Asian decent.
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42.
At all material points described herein, PLAINTIFF was treated differently than her
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Caucasian counterparts/colleagues and/or otherwise was subjected to unlawful discriminatory and/or
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retaliatory employment practices as prohibited by the laws of California. DEFENDANTS, in engaging
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in the aforementioned conduct, intended to discriminate against PLAINTIFF on the basis of her
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race/national origin.
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43.
The conduct, statements, and acts described herein were an ongoing part of a continuing
scheme and course of conduct. DEFENDANTS, individually and collectively, knew the substance of
CC)MPT ATNT FOR DAMAGF.S
the above-described facts and circumstances and ratified the wrongs and injuries mentioned herein
when it was their ability to prevent, remedy, and/or correct these wrongs. DEFENDANTS further
intentionally and willfully failed to ensure that their employees were informed of the law relevant to
their duties or to ensure that employees would not be required to participate in illegal conduct.
44.
DEFENDANTS have continued to ratify and have refused to remedy or correct the
aforementioned conduct during and since PLAINTIFFS employment, notwithstanding the fact that
they knew or reasonably should have known of the conduct and its unlawfulness.
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45.
As a direct and proximate result of the aforementioned violations of statute and public
policy, PLAINTIFF has suffered and will continue to suffer:
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a. A substantial reduction in past and current income, and future income potential in
sums as may be shown according to proof;
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b. A substantial injury and damage to her occupation and professional reputation in a
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sum as may be shown according to proof;
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A substantial reduction in loss of work-related benefits; and
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C.
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d. Extreme humiliation, embarrassment, depression, sleeplessness, emotional pain,
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emotional distress which culminated in physical injury and bodily injury, suffering,
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mental anguish, inconvenience, loss of enjoyment of life, and other losses from the
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date of said acts all to HONDAS damage in a sum as may be shown according to
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proof.
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46.
The amount of PLAINTIFFS damages is not presently known but she will seek leave
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of Court to amend this Complaint when the exact amount of such damages has been ascertained or will
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prove the same at trial.
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47.
The above-recited actions of DEFENDANTS were done with malice, fraud, or
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oppression, and reckless disregard of PLAINTIFFS rights. DEFENDANTS engaged in their offensive
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conduct despite their awareness of the effect on PLAINTIFF. As a result of these and other actions,
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PLAINTIFF is entitled to an award of punitive damages.
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48.
In addition, as a proximate result of the wrongful conduct of DEFENDANTS,
PLAINTIFF is entitled to attorneys fees and prejudgment interest.
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(flMPT ANT FOR DAM AGFS
49.
Pursuant to California Government Code
12965(b), PLAINTIFF requests the award
of attorneys fees against DEFENDANTS under this cause of action.
SECOND CAUSE OF ACTION
12940(k)
[Failure to Prevent Discrimination]
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50.
PLAINTIFF re-alleges and incorporates herein by reference, as though set forth in full,
each and every allegation contained in Paragraphs 1 through 49, inclusive.

51.
At all times herein mentioned, Government Code
12940(k) was in full force and
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effect and binding on DEFENDANTS. Government Code
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take all reasonable steps necessary to prevent discrimination stemming from PLAINTIFFS
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race/national origin. As alleged above, DEFENDANTS violated this statutory provision.
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52.
12940(k) requires DEFENDANTS to
DEFENDANTS knew or should have known of the unlawful conduct undertaken by it
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against PLAINTIFF, and failed to take reasonable steps to prevent such conduct or provide
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PLAINTIFF with a workplace free from discrimination and retaliation.
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53.
As a direct and proximate result of the aforementioned violations of statute and public
policy, PLAINTIFF has suffered and will continue to suffer:

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A substantial reduction in loss of work-related benefits; and
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c.
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proof.
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54.
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(OMP1 ATNTTflP flAMAflP
of Court to amend this Complaint when the exact amount of such damages has been ascertained or
will prove the same at trial.
55.
oppression, and reckless disregard of PLAINTIFFS rights. DEFENDANTS engaged in their
offensive conduct despite their awareness of the effect on PLAINTIFF. As a result of these and other
actions, PLAINTIFF is entitled to an award of punitive damages.
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57.
Pursuant to California Government Code

THIRD CAUSE OF ACTION
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WRONGFUL TERMINATION IN VIOLATION OF GOVERNMENT CODE
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12900, et seq.
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12965(b), PLAINTIFF requests the award
58.
PLAINTIFF re-alleges and incorporates herein by reference, as though set forth in
full, each and every allegation contained in Paragraphs 1 through 57, inclusive.
59.
This cause of action is brought pursuant to FEHA,
12900, et q. of the California
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Government Code, making it illegal for an employer to discharge a person from employment on the
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basis of his/her race/national origin.
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60.
PLAINTIFF was discharged from her employment and discriminated against on the
basis of her race/national origin.

61.
At all material points described herein, PLAINTIFF was treated differently than
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similarly situated employees and/or otherwise was subjected to unlawful discriminatory and/or
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retaliatory employment practices as prohibited by the laws of California. DEFENDANTS, in engaging
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in the aforementioned conduct, intended to discriminate against PLAINTIFF on the basis of her
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race/national origin.
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62.
The conduct, statements, and acts described herein were an ongoing part of a
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continuing scheme and course of conduct. DEFENDANTS, individually and collectively, knew the
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substance of the above-described facts and circumstances and ratified the wrongs and injuries
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ATKTT tCD tAAC1?C
mentioned herein when it was their ability to prevent, remedy, and/or correct these wrongs.
DEFENDANTS further intentionally and willfully failed to ensure that their employees were
informed of the law relevant to their duties or to ensure that employees would not be required to
participate in illegal conduct.
63.
aforementioned conduct during and since PLAINTIFF S employment, notwithstanding the fact that
they knew or reasonably should have known of the conduct and its unlawfulness.
As a direct and proximate result of the aforementioned violations of statute and public policy,
PLAINTIFF has suffered and will continue to suffer:

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c. A substantial reduction in loss of work-related benefits; and
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proof.
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64.
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of Court to amend this Complaint when the exact amount of such damages has been ascertained or will
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65.
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oppression, and reckless disregard of PLAINTIFFS rights. DEFENDANTS engaged in their offensive
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conduct despite their awareness of the effect on PLAINTIFF. As a result of these and other actions,
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PLAINTIFF is entitled to an award of punitive damages.
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COMPT AThJTPflP Th(P
67.
Pursuant to California Government Code 12965(b), PLAINTIFF requests the award
FOURTH CAUSE OF ACTION
WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY

68.
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69.
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It is the well-established policy of the State of California by and through its statutory and
common laws, including but not limited to: the California Constitution, Article I,
8, Business and
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Professions Code 17200, et
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protected activity, as identified herein, that it is intolerable and unlawful for an employer to bar or to
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discharge a person from employment or to discriminate against the person in compensation and/or in
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terms, conditions, or privileges of employment in retaliation for opposing an unlawful practice or
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participating in a protected activity, such as for their race/national origin and/or retaining counsel.
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California also has a fundamental, substantial, and well-established public policy against retaliating
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against an employee for internally raising concerns related to unlawful activities, including failure to
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pay earned bonuses and/or wages. (See, e.g., Labor Code

70.
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and Civil Code
1770, et
Labor Code, and for engaging in
1102.5).
In contravention of these policies, HONDA is informed, believes and thereon alleges that
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DEFENDANTS retaliated against her, and terminated her because of her complaint(s) regarding
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AMERICAN APPARELS failure to pay earned bonus monies and/or stock packages, and/or in order
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to avoid payment of her earned wages, and/or obtaining legal counsel and/or due to her race/national
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origin.
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71.
DEFENDANTS actions described herein above were in violation of established public
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policy against termination for participating in a protected activity, such as complaining about
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DEFENDANTS failure to properly and timely compensate her pursuant to the law and their own
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policies, and obtaining legal counsel.
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72.
The conduct, statements and acts described herein were an ongoing part of a continuing
scheme and course of conduct. DEFENDANTS were aware of the substance of the above-described
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facts and circumstances and ratified the wrongs and injuries mentioned herein when it was their ability
to prevent, remedy and/or correct these wrongs.
73.
aforementioned conduct during and/or since HONDAS employment, notwithstanding the fact that they
knew or reasonably should have known of the conduct and its unlawfulness.
As a direct and proximate result of the aforementioned violations of statute and public policy, HONDA
has suffered and will continue to suffer:
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c. A substantial reduction in loss of work-related benefits; and
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proof.
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74.
The amount of HONDAS damages is not presently known but she will seek leave of
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Court to amend this Complaint when the exact amount of such damages has been ascertained or will
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75.
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oppression, and reckless disregard of HONDAS rights. DEFENDANTS engaged in their offensive
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conduct despite their awareness of the effect on HONDA. As a result of these and other actions, HONDA
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is entitled to an award of punitive damages.
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FIFTH CAUSE OF ACTION
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BREACH OF ORAL CONTRACT

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76.
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In or around February 2015, the parties entered to an oral contract the terms of which
77.
were as follows:
One Hundred Eighty Thousand Dollars ($180,000.00), (2) HONDA was eligible for a performance
bonus of up to forty (40%) of her base salary, (3) and a stock grant of 100,000 as well as severance
benefits.
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(1) HONDA would continue working for DEFENDANTS at yearly salary rate of
This oral management contract represents a valid and binding contract, the terms of
which are certain and enforceable.

79.
HONDA at all times performed her obligations under the oral contract with
DEFENDANTS, save those obligations excused by DEFENDANTS breaches.

80.
DEFENDANTS breached the terms of the oral contract by refusing to pay HONDAs
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salary at the yearly rate of $180,000.
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upon her termination to pay her the performance bonus, stock grant and/or severance. DEFENDANTS
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breach of the oral contract was undertaken without stipulation, justification, or excuse.
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81.
DEFENDANTS further breached the oral contract by refusing
HONDAS damages are a certain, foreseeable, and measurable consequence of
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DEFENDANTS breaches.
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damaged in an amount to be proven at trial according to proof, and which HONDA believes to be in
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excess of $500,000.00.
SIXTH CAUSE OF ACTION
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VIOLATION OF LABOR CODE
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1102.5
(Against ALL DEFENDANTS AND DOES 1 TO 100)
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As a direct and proximate result of these breaches, HONDA has been
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83.
California Labor Code
1102.5 provides, in part, that an employer may not retaliate
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against an employee for disclosing information, or because the employer believes that the employee
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disclosed or may disclose information, to a government or law enforcement agency, to a person with
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authority over the employee or another employee who has the authority to investigate, discover, or
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correct the violation or noncompliance.
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84.
HONDA reasonably believed in, and complained of DEFENDANTS illegal failure to
pay her earned bonus monies and/or stock packages to SCHNEIDER, the CEO of AMERICAN
APPAREL.
85.
HONDA is informed and believes and thereon alleges that DEFENDANTS did willfully
retaliate against her for engaging in the acts alleged herein by terminating her employment, due to their
belief that she would report DEFENDANTS to governmental agencies.
86.
DEFENDANTS termination of HONDA has caused her economic and noneconomic
harm in an amount to be proven at trial, but which are in excess of the minimum jurisdiction of this
court. HONDAS damages include, but are not limited to, loss of earnings and benefits.
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87.
Pursuant to Labor Code 1102.5(f), DEFENDANTS violations also subject them to
civil penalties of ten thousand dollars ($10,000.00) for each violation of Labor Code 1102.5(f)
88.
HONDA will seek attorneys fees and costs to the extent permitted by any applicable
statutes and provisions of the Labor Code.

SEVENTH CAUSE OF ACTION
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(Against ALL DEFENDANTS and DOES 1-100)
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201, et seq.
89.

90.
When DEFENDANTS unlawfully terminated HONDAS employment on July 1, 2015
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they failed to pay her all wages due and owing at the time of her termination, including but not
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necessarily limited to compensation for her earned, unused vacation time, and earned bonus monies
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and/or stock packages.
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91.
Pursuant to Labor Code
201, it is unlawful for an employer to willfully fail to pay an
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employee earned wages and/or bonuses, vacation pay, and benefits due and unpaid at the time of
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termination. DEFENDANTS failed to pay HONDA her wages and/or bonuses and vacation pay, and/or
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benefits earned and unpaid at the time of her termination.
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92.
HONDA will seek attorneys fees incurred in prosecuting this action under Labor Code
203, 218.5, and/or 1194, et.q or any other applicable sections.

5
EIGHTH CAUSE OF ACTION
1
2
4
5
6
93.
203, et seq.

94.
DEFENDANTS failed to pay HONDA all of her wages due and owing at the time of
her termination. Pursuant to Labor Code
is discharged her wages then the wages of the employee shall continue as a penalty from the due date
thereof at the same rate until paid.
10
95.
203, if an employer willfully fails to pay an employee who
DEFENDANTS have continuously and willfully failed to pay HONDA her due and
ii
unpaid wages. More than thirty (30) days have past since HONDA was terminated by
12
DEFENDANTS, yet all of her earned wages have still not been paid.
13
96.
As a consequence of DEFENDANTS willful conduct in not paying HONDA all wages
14
due upon termination, she is entitled to thirty (30) days of wages as penalty wages under Labor Code
15
203, together with interest thereon.
16
17
97.
203, 218.5, and/or 1194,
any other applicable sections.

NINTH CAUSE OF ACTION
18
19
204(a)
20
[Failure to Pay Earned Bonus]
21
22
23
24
98.

99.
DEFENDANTS conduct is in violation of Labor Code
204(a) which provides that all
25
wages earned by a person during their employment are due and payable twice a month on the regular
26
paydays as designated in advance by the employer, and such wages include bonuses.
27
28
100.
During HONDAS employment with DEFENDANTS, she earned monetary bonuses
based on her job performance. Plaintiff performed all duties necessary to earning this bonus, and
6
DEFENDANTS terminated her prior to paying HONDA all of her earned bonus monies, despite her
previous requests for said payment. Upon information and belief, DEFENDANTS terminated HONDA,
in retaliation for engaging in protected activity and also to avoid paying earned bonuses.
101.
The exact amount of bonus monies earned by HONDA is unknown, but is a minimum of
One Hundred Fifty Thousand Dollars ($150,000.00) of net bonus monies and/or stock packages.
HONDA will seek leave of the Court to include such monies in her damages calculation, and to amend
this Complaint, as necessary.

102.
8
9
As such, HONDA is entitled to receive from DEFENDANTS the full amount of any
earned bonus monies, and well as interest until paid in full.

TENTH CAUSE OF ACTION
10
11
12

103.
13
14
226 etg

104.
15
Pursuant to Labor Code
226
an employer is required to provide accurate wage
16
statements in writing, which includes a wage statement reflecting HONDAS earned bonus monies
17
which were never paid, and accrued and earned vacation pay.
105.
18
19
During her employment with DEFENDANTS, they failed to provide an accurate
accounting of HONDAS earned monies and failed to pay same.

106.
20
As a result of the conduct of DEFENDANTS and DOES, HONDA sustained damages
21
and is entitled to additional pay in an amount to be determined and presented at the time of trial, and at
22
a minimum in a combined excess of the jurisdiction of the Superior Court and Plaintiff is entitled to
23
damages pursuant to Labor Code

107.
24
25
1194
26
//
27
28
II
226.7.
and any other applicable code sections.
7
ELEVENTH CAUSE OF ACTION
VIOLATION OF BUSINESS & PROFESSIONS CODE 17200, et seq.
4
5
6
108.

109.
California Business and Professions Code
17200,
provides that unfair
competition shall mean and include all unlawful, unfair or fraudulent business act or practices and
unfair, deceptive, untrue or misleading advertising.
110.
PLAINTIFF is informed and believe and thereon alleges that DEFENDANTS have
io
engaged in unfair competition in violation of California Business and Professions Code
ii
by maintaining a workplace rife with retaliation and violations of established California public policy
12
including but not limited to the following: California Constitution, Article I, 8, Civil Code
17200, et
1770, et
13
and the above-referenced California Labor Code and Government Code provisions. The
14
maintenance of such unfair business practices allows DEFENDANTS to maintain an unfair advantage
is
over other companies that comply with established California laws and the public policy of the state of
16
California, and personally harmed and injured monetarily or otherwise, PLAINTIFF.
17
lii.
DEFENDANTS fall within the definition of person as set forth at Business and
Professions Code
19
112.
17203 and 17506.
The unlawful, unfair, and fraudulent business practices of DEFENDANTS described
20
above present a continuing threat to members of the public in that DEFENDANTS have or will soon
21
engage in the conduct described above and members of the public are likely to be deceived when they
22
pursue or gain employment with DEFENDANTS. Pursuant to California Business
23
17203, PLAINTIFF seeks an order from this Court that:
24
25
26
113.
Provides injunctive and declaratory relief finding that DEFENDANTS have violated the
provisions of California Business p Professions Code

114.
Professions Code
17200, et ; and
For an order enjoining DEFENDANTS and their respective successors, agents, servants,
27
officers, directors, employees, and all other persons acting in concert with them, directly or indirectly,
28
from engaging in conduct which violates California Business and Professions Code
8
17200, et
PRAYER FOR RELIEF
1
2
115.
WHEREFORE, PLAINTIFF prays for judgment against DEFENDANTS, and each of
them, as follows:
1.
For general, special, actual, compensatory and/or nominal damages, including
prejudgment interest, in an amount to be determined at trial, but no less than five
hundred thousand dollars ($500,000);
2.
For lost salary, both front and back pay, unpaid wages, bonuses, stock
entitlements, vacation pay, severance pay and any other benefits to which
PLAINTIFF would have been entitled to by reason of her employment with
10
defendants, according to proof, but no less than five hundred thousand dollars
11
($500,000);
12
3.
For punitive damages in an amount to be determined at trial sufficient to punish
13
penalize and/or deter DEFENDANTS, and each of them, from further engaging
14
in the conduct described herein, and to deter others from engaging in the same or
15
similar acts;
16
4.
For appropriate civil and statutory penalties;
17
5.
For restitution and/or disgorgement of all ill-gotten gains (on the Eleventh Cause
of Action only);
18
19
6.
For preliminary and permanent injunction against DEFENDANTS from the acts
of unfair competition as described in the Eleventh Cause of Action;
20
21
7.
For reasonable costs and attorneys fees where appropriate;
22
8.
For pre- and postjudgment interest on all damages and o,ther relief awarded
herein from all entities against whom such relief may be properly awarded; and
23
24
25
9.
For all such other relief as this Court deems
iUS
and appropriate.
Dated: September 22, 2015

By:
26
A7FTh1C
Sarah E Hernand
Z
9
lintiff
2
Attornec f
PATRICIKHONDA
27
28
9
Exhibit A
American Apparele
Crafted With Pride
n the USA
American Apparel, Inc.
www.americanapparel.net
HQ! Factory
747 Warehouse St.
Los Angeles, CA 90021
Phone (213) 488-0226
Fax (213)488-0334
February 19, 2015

Pat Honda
[Address]
Pat:
By this letter (the Agreement), I am pleased to confirm details of your position as President of
Wholesale at American Apparel, Inc. (American Apparel or the Company) in our Los Angeles
offices. As part of the management team, you will continue to report to Paula Schneider CEO, This
letter outlines the terms of your position, including eligibility for an annual performance bonus and
severance benefits, as detailed below.
Salary and Annual Performance Bonus. Your salary will be paid at a salary rate of $180,000 per
year, which will be reviewed and considered for increase at least once per year (Base Salary), and will
be paid in accordance with the Companys standard payroll practices, In addition, you are eligible for an
annual performance bonus of up to 40% of your Base Salary, with the exact amount based on the extent to
which you have achieved mutually agreed-upon deliverables (please see Addendum A, attached). You
must be employed by the Company at the time of the bonus payment to be eligible. All compensation
payments will be subject to any necessary withholdings and other such deductions as are legally required
or are taken in accordance with your instructions to us. This position is classified as exempt which is not
eligible for overtime or meal and rest periods as provided under California law.
Stock Grant, Pursuant to the terms of the American Apparel, Inc. 2011 Omnibus Stock Incentive
Plan (the Equity Plan), the Board or the Compensation Committee shall grant to you a restricted stock
award (the RSA) covering 100,000 shares of Common Stock as soon as reasonably practicable
following the Companys determination that: (i) it is eligible to issue such shares of Common Stock under
the Companys Form S-8 Registration Statement covering shares of Common Stock issuable pursuant to
the Equity Plan; and (ii) it has adequate number of shares in the Equity Plan to effectuate such a grant.
Subject to your continued employment with the Company, the RSA shall vest in three equal installments
on each of the grant date and thereafter on each of January 1, 2016, and January 1, 2017. The RSA shall
be subject to such other terms and conditions specified by the Compensation Committee in accordance
with the provisions of the Equity Plan and the form of award agreement to be approved by the Board
(which award agreement shall be consistent with tile RSA terms set forth in this Agreement).
Severance Benefits. Without limiting the generality of the provisions hereinafter entitled AtWill Employment Status, in the event your employment is terinmated without Cause (as hereinafter
defined), you shall be entitled to: (i) your salary as accrued through the date of your termination; and,
subject to your execution and delivery of a general release of all claims and the expiration of aiiy release
revocation period, (ii) a payment equal to the equivalent of six (6) months of your annual base salary; and
(iii) that portion of your annual performance bonus earned, if any, for the calendar year in which the
termination occurs, calculated by multiplying your annual performance bonus by a fraction, the numerator
of which shall equal the number of days worked in the calendar year up to and including your last day of
Page I ofd
employment and the denominator of which shall be 365. Cause shall mean terminated because of: (I)
failure (other than by reason of incapacity due to physical or mental illness) or refusal to perform duties
on behalf of the Company or comply with (or agree to comply with) any Company rule, code, policy or
procedure, or any insubordination, each of which remains uncured for more than three (3) clays after
wriften notice of same from the CEO, Chief Financial Officer or General Counsel; (ii) the conviction of or
entering a plea of guilty or nob contendere to (x) a crime that constitutes a felony or (y) a misdemeanor
involving the perpetration of a dishonest act against the Company or any of its affiliates or subsidiaries;
(iii) any misconduct that is materially injurious to the financial condition, assets, business or business
reputation of the company or any of its affiliates or subsidiaries; (iv) any hand, embezzlement, theft or
other dishonesty against the Company or any of its affiliates or subsidiaries; or (iv) chronic alcoholism or
drug abuse that materially affects performance.
Release and Waiver. In consideration for the terms of your position, and by signing this offer
letter, you hereby fully, irrevocably and unconditionally release and discharge the Company, its affiliates,
its subsidiaries, as well as each of their present andfor former shareholders, directors, officers, employees,
agents and representatives, (collectively Releasees) from any and all claims, actions, causes of action,
charges, and complaints of any nature whatsoever (hereinafter called Claims) which you have, or claim
to have, against the Releasees, whether known or unknown, because of any alleged or actual conduct,
acts, or omissions, or any transaction whatsoever from the beginning of time to the date of the execution
of this Agreement. The foregoing release does not prevent or prohibit you from filing a claim or charge
with a government agency including, but not limited to, the EEOC or NLRB, or from cooperating,
participating or assisting in any government agency or regulatory entity investigation or proceeding.
Notwithstanding the foregoing, you will not accept or be entitled to any further personal relief, recovery
or monetaty damages from any source whatsoever with respect to any Claim that has been released.
California Civil Code Section 1542. You waive your rights under Section 1542 of the Civil Code
of California which states: a general release does not extend to claims which the creditor does not know
or suspect to exist in his or her favor at the time of executing the release, which if known by him or her
must have materially affected his or her settlement with the debtor. You understand and agree that claims
or facts in addition to or different from those which are now known or believed by you to exist may
hereafter be discovered, but it is your intention to release all claims she may have against the Releasees.
ADEA Rights; Effective Date. You have twenty-one (21) calendar days to consider this
Agreement, including, but not limited to, release of any claims under the federal Age Discrimination in
Employment Act (ADEA), but you may elect to sign this Agreement in less than 21 days, if you so desire.
You further acknowledge and understand that you have the right to consult with your attorneys about this
Agreement before signing it. You may revoke this Agreement after signing it if such revocation is made
within seven (7) calendar days following the date of your execution hereof. Such a revocation, if
exercised, must be in writing, addressed to Chelsea Grayson, General Counsel, American Apparel, 747
Warehouse St., Los Angeles, CA 90021, and must be received not later than 5:00 p.m. on the seventh
(7th) calendar day following your execution of this Agreement. If you timely and properly revoke this
Agreement, the entire Agreement shall then not be effective or enforceable, and you will not be eligible
for any annual performance bonus oi. severance benefits, as set forth above. If you do not mevoke this
Agreement, it shall become effective and enforceable as to all parties at 12:01 a.m. on the eighth (8th)
calendar day afler it is executed by you.
Arbitration. You have signed a separate Mutual Agreement to Arbitrate Claims dated
the terms of which are incorporated by reference as if fully set forth herein.
Page2of4
Protection of Confidential Information. In accepting thiS offer, you agree that information you
obtain during your employment with the Company, including that which relates to intellectual property,
financial information, personnel, projections, strategic planning, or any other work product not readily
available to the public (the Information), is considered by the Company to be trade secret and
confidential information. You recognize and agree that it is reasonable and necessary to protect the
Companys Information and that you will maintain the strict confidentiality of the Information, both
during and following your employment at the Company. Additionally, you are subject to the Companys
policy against insider trading, which has been concurrently herewith provided to you.
Modification and Waiver. Any modification of this Agreement vill be effective only if it is in
writing signed by the parties. No waiver of any of the provisions of this Agreement will be deemed, or
will constitute, a waiver of any other provision, whether or not similar, nor vill any waiver constitute a
continuing waiver. No waiver will be binding unless executed in writing by the party making the waiver.
Severability. If any portion of this Agreement is void or deemed unenforceable for any reason,
the unenforceable portion will be deemed severed from the remaining portions of this Agreement, which
will otherwise remain in full force.
At-Will Fmployment Status. This letter shall not be construed as a contract of employment for a
fixed period of time. Your employment is at will. Therefore, the Company reserves the might to
terminate your employment at any time with or withoit cause and with or without notice; likewise, except
as otherwise expressly provided for in this Agreement, you are free to terminate your employment at any
time for any reason whatsoever and with or without notice. Upon termination, you will forfeit the
utwested portion of any equity awards.
Conditions to Effectiveness. As a condition to the effectiveness of this Agreement, and
concurrently with your execution and delivery to the Company of this Agreement, you will execute and
deliver to the Company the American Apparel Board Confidentiality Policy, the American Apparel Code
of Business Conduct and Ethics, the American Apparel Mutual Agreement to Arbitrate Claims and the
American Apparel Insider Trading Policy.
Sincerely,
Craig B. Simmons
Chief Human Resources Officer
American Apparel, Inc.
If the foregoing accurately reflects our understanding, please sign below and return one fully executed
copy (both pages) via scanned email to c
simmonsamericanappareLneI by close of day, February_,
2015.
Acknowledged, accepted and agreed
February, 2015
Pat Honda
President of Wholesale
Page3 of4
ADDENDUM A
Bonus Criteria
As the President of Wholesale, you are eligible each year for an annual performance bonus of up
to 40% (i.e., $72,000 for 2015) of your Base Salary pay rate. Your bonus achievement will be calculated
in January 2016 based on end ofFY2Ol5 results and will be payable by March 30, 2016.
Your bonus achievement for 2015 will be based on meeting or exceeding the following criteria
and deliverables in each the three categories listed below. You must achieve a favorable (Met) result in
both margin and expenditures to qualify for the threshold amounts listed in in the increase in sales result
(#3) categoly.
1. Margin: Must maintain or increase the gross margin percentage in FY20 15 over the margin
percentage in FY20 14. (Criteria 1: Met/Not Met.);
2. Expenditures: Must maintain spending on operations within the FY2OIS budget limits, as
agreed upon with CEO. (Criteria 2: Met/Not Met.);
As stated above, if you have achieved the Met criteria in both of the above-defined areas, you vil1 be
entitled to between a 30% pay-out on the bonus and a I OOYo pay-out on the bonus payment as follows:
3. Sales:
A. Level One Bonus: A bonus payment (30% award) of $21,600 if you achieve an
increase in FY20 15 revenue of between 5% and up to and including 7% over FY20 14 revenue; or,
B. Level Two Bonus: A bonus payment (70% award) of $50,400 if you achieve an
increase in FY20 15 revenue of more than 7% up to and including 9% over FY2014 revenue; or
C. Level Three Bonus: A bonus payment (100% award) of $72,000 if you achieve an
increase in FY20 15 revenue of more than 9% over FY20 14 revenue.
Page4of4
CM-O1O
ATTORI{EY OR PARTY WITHOUT ATTORNEY CNaee, Scare Sat number, and eddmas):
Sarah E.
Hernandez,
FOR COURT USE ONLY
SBN 206305
Fink & Steinberg

11500 Olympic Boulevard, Suite 316
CONFoRMED
(310) 268-0780
FAX No.: (310) 268-0790
ATTORNEY FOR I/Vernal: Plaintiff Patricia Honda
SUPERIOR COURT OF CALIFORNIA, COUNW OF Los Angeles
STREET ADDRESS: 11 1 North Hill Street
MAILING ADDRESS: 11 1 North Hill Street
CITY AND ZIP CODE: Los Angeles, California 90012
BRANCH NAME: Centraltistrict
ORIGiNAL
TELEFHONE NO.:
itt if
Shorn Fl.
Caner, &xecu,v
Officer/Clerk
BY Shaur,ya Bolden, Oeputy
CASE NAME:
CASE NUMBO
Complex Case Designation
Unlimited
El
(Amount
demanded
exceeds $25000)
Los Anqelg
SEP 2 3 2915
Honda v. American Apparel, mc,, et al.

CIVIL CASE COVER SHEET
Copy
SuperIor Court ofFILED

California
5 95
4$
Limited
Counter
El Joinder
(Amount
demanded is
Filed with first appearance by defendant JLIOGE:
$25,000 or less)
DEFT:
(Cal. Rules of Court, rule 3.402)
Items 16 below must be completed (see instructions on page 2).
1. Check one box below for the ease type that best describes this ease:
Auto Ton
Auto (22)
El
El
Contract
Uninsured motorist (46)
Other PI/PDIWO (Personal Injury/Property

Damage/Wrongful Death) Tort
Asbestos (04)
El
El
El
El
Product lIability (24)
Medical malpractice (45)

Oiher Pi/PDNVD (23)
Non-Pl!PD/WD (Other) tort
El
El
El
El
El
El
[El
Business tort/unfair business practIce (07)

Civil rights (08)
Defamation (13)
Fraud (16)
Intellectual property (19)
Professional negligence (25)

Other non-Pl/PD/WD tort (35)
Employment
Wrongful termination (36)
El
Olher employment (15)
El
El
El
El
El
Breach of contract/warranty (06)

Rule 3.740 collections (09)
Other collections (09)
Insurance coverage (18)
Other contract (37)

Real Property
Bnlnent domain/inverse
condemnation (14)
El
El
El
other real property (26)
Residential (32)
Drugs (38)
Judicial Review
Asset forfeiture (05)
Petition rc arbitration award (Ii)
Writ of mandate (02)
El
El
El
El
(Cal. Rules of Court, rules
El
El
El
El
El
El
3.4003.403)
Antitrust/Trade regulation (03)

Construction defect
Mass tort (40)
(10)
Securities litigation (28)

Environmental/Toxic tort (30)
Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
wrongful eviction (33)
Unlawful Detalner
Commercial (31)
El
El
El
Provisionally Complex Civil Litigation
Enforcement of Judgment
El
Enforcement of ludgment (20)
Wscellaneous Civil Complaint
El
El
RICO (27)
Other complaint (not spec/fled above) (42)
Miscellaneous Civil Petition

Partnership and corporate governance (21)
other petition (not specified above) (43)
El
El
Other judicial review (39)
2. This case L.J Is

[Li 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. El Large number of separately represented parties
d. El Large number of witnesses
b. El Extensive motion practice raising difficult or novel
e. El Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve
in other counties, states, or countries, or in a federal court
c. El Substantial amount of documentary evidence
t. El Substantial postjudgment judicial supervision
Remedies sought (check all that apply): a.El monetary b. Eli nonmonetary; declaratory or injunctive relief
Number of causes of action (specify): (I
This ease El is
is not a class action suit.
If there are any known related cases, file and serve a notice of related case.
m
form CM-015.)
Date: September 21, 2015
3.
4.
6.
6.
c.
[71 punitive
Sarah B. Hernandez, SBN 206305

(TYPE OR PRINT NAME)
(sioNAronrorpARTY OR ATTORNEY FOR PARTY)
NOTICE
Plaintiff must file this cover sheet with the first paper flied in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 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 wil be used for statistical purposes only.
Form Adopted
row Mandatey Use
cuoi lRn. July 1, 2007]
vase I of I
cat Rdeccwt,a22oAoo3Ao3,a74
WWW.COWtJnro.ca.gov
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET

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 attorneys 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 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-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
plaintiffs 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 3.4003.403)
Breach of Rental/Lease
DamagellNrongful Death
Antitrust/Trade Regulation (03)
Contract (not unlawful detainer
Construction Defect (10)
Uninsured Motorist (46) (if the
or wrongful eviction)
Claims Involving Mass Tort (40)
case involves an uninsured
Contract/Warranty BreachSeller
Securities Litigation (28)
motorist claim subject to
Plaintiff (not fraud or negligence)
Environmental/Toxic Tort (30)
arbitration, check this item
Negligent Breach of Contract!
Insurance Coverage Claims
instead of Auto)
Warranty
(arising from pro visionaily complex
Other PIIPDIWD (Personal Injuryl
Other Breach of Contract/Warranty
case type listed above) (41)
Property Damage/Wrongful Death)
Collections (e.g., money owed, open
Enforcement of Judgment
Tort
book accounts) (09)
Enforcement of Judgment (20)
Asbestos (04)
Collection CaseSeller Plaintiff
Abstract of Judgment (Out of
Asbestos Property Damage
County)
Other Promissory Note/Collections
Asbestos Personal lnjury/
Case
Confession of Judgment (nonWrongful Death
Insurance Coverage (not pro visionaily
domestic relations)
Product Liability (not asbestos or
complex) (18)
Sister State Judgment
toxic/environmental) (24)
Auto Subrogation
Administrative Agency Award
Medical Malpractice (45)
Other Coverage
(not unpaid taxes)
Medical Malpractice
Petition/Certification of Entry of
Other Contract (37)
Physicians & Surgeons
Judgment on Unpaid Taxes
Other Professional Health Care
Contractual Fraud
Other Enforcement of Judgment
Malpractice
Other Contract Dispute
Case
Real Property
Other PI/PDflND (23)
Miscellaneous Civil Complaint
Eminent Domain/Inverse
Premises Liability (e.g., slip
RICO (27)
Condemnation (14)
and fall)
Other Complaint (not specified
Wrongful Eviction (33)
Intentional Bodily lnjury/PD/WD
above) (42)
(e.g., assault, vandalism)
Other Real Property (e.g., quiet title) (26)
Declaratory Relief Only
Intentional Infliction of
Writ of Possession of Real Property
Injunctive Relief Only (nonEmotional Distress
Mortgage Foreclosure
harassment)
Negligent Infliction of
Quiet Title
Mechanics Lien
Emotional Distress
Other Real Property (not eminent
Other Commercial Complaint
Other PI/PDI\ND
domain, landlordenant, or
Case (non-tort/non-complex)
Non-PIIPDIWD (Other) Tort
foreclosure)
Other Civil Complaint
Unlawful Detainer
Business Tort/Unfair Business
(non-tort/non-complex)
Commercial (31)
Practice (07)
Miscellaneous Civil Petition
Civil Rights (e.g., discrimination,
Residential (32)
Partnership and Corporate
false arrest) (not civil
Drugs (38) (if the case involves illegal
Governance (21)
harassment) (08)
drugs, check this item; othe,wise,
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
WritAdministrative Mandamus
Election Contest
Other Professional Malpractice
WritMandamus on Limited Court
Petition for Name Change
(not medical or legal)
Case Matter
Petition for Relief From Late
Other Non-Pl/PD/WD Tort (35)
WritOther Limited Court Case
Claim
Employment
Review
Other
Civil Petition
Wrongful Termination (36)
Other Employment (15)
Other Judicial Review (39)
Review of Health Officer Order

Notice of AppealLabor
Commissioner Appeals
CM-01O [Rev. JiIy 1,2007]
Page 2 of 2
SUM-I On
SUMMONS
FOR COURT USE ONLY

(SOLO PAM Usa DC LA tORTE)
(TACION JUDICIAL)
CONFORMED
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO,):
Copy
Court of California
Surrfor
Oufltjt of toe Anodes
AMERICAN APPAREL, INC., a Delaware corporation;

Additional Parties Attachment form is attached,
oEP 2 82015
Shorn ft Caner, tXUCtJflve
utucer/CIork
BY Shauny Boldon, Deputy
YOU ARE BEING SUED BY PLAINTIFF:

(LO ESTA DEMANDANDO EL DEMANDANTE):
PATRICIA HONDA, an individual,

Plaintiff.
NOTiCE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days.
Read the inforrii&W
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 plaintiff. A letter or phone cell will not protect you. Your written response must 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 at the
California Courts
Online Self-Help Center (www.courtinfa.ce.gov/selfhalp), your county law library, or the courthouse nearest you. If you cannot pay
the filing fee, ask
the court clerk for a fee waIver form. If you do not file your response on time, you may lose the case by default, and your wages,
money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. if you do not know an attorney, you may want
to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program.
You can locate
these nonprofit groups at the California Legal Services Web site (www.1awhe1pcaIifarnia.org), tho California Courts Online Self-Help
Center
(www.courtlnlb.ca.gov/selthelp), or by contacting 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 courts lien must be paid before the court will
dismiss the case.
JAVISQI La hen demandado. Si no responde dentro do 30 dIes, Ia carte puedo decidir en so contra sin escuchar so version. Lee
(a infonnacion a
continuacidn.
flene 30 01,43 DE CALENDARIO despues do qua le entregoon esta citeciOn y papoles Jogales pare presentar una respuesfa par
escrita en asia
carte y hater quo se entregue una capia el dernandante, Una carte a one Ilamada telefdnica no Jo protegen. .Su respuesta par escrita
(lone quo ester
en farmato legal carrecta 51 desea quo pracesen su aasa en a carte. Es pasible quo haya on form ularia qua ustedpueda usar pare su
respuesta.
Poede encantrar estos forrnolarics do a carte y mds lnformacion en el Contra de Ayuda do las Codes do California frvm.sucorte.ca.gov),
bibliateca do leyes do su tondado o en Ia carte quo le quede mas coma. Si no puede pagar Ia cuata do presentation, pida al secretaria do en (a
Ia carte
quo Ic d un-form ulerlo do exenciOn do pago do cuotas. Si no prosenla so respuesta a tiempa, puede perder el caso por incumplirnie
nta y Ia carte le
padr quitar su suekfo, dlnera y blenes sin nibs advertencia.
Hay otras requisitos legates. Es recamendabla quo flame a on abogada lnrnodiatamento. Si no conoce a on abogado, puede ilemar a un
senicia do
ramlsin a abogadas. Si no puede pager a un abogado, es paslble quo crimp/a con los reqoisitos pam obtoner serviclos legales
gratuitas do on
programa do servicios legales sin fines do lucra. Puede ancontrar estas grupas sin fines do lucra en el sltla web do California Legal Seniicos,
(www.lawhelpcallfornia.org), en el Centm do Ayuda do las Codes do California, (www.sucorte.ca.gov) o ponidndase en contacto con
le carte a el
cologlo do abogados locales. A VISO: Parley, Ia carte tieno derocha a reclamar las cuotas y los castas exentos par impaner
un gravamon sabre
cualqoler recuperaciOn de $10,000 6 mbs do valor reclbida medlanto un acuerda a una canceslOn do arbitraje en on asa do derecho civil.
Tiena quo
pager ci grevamen do a carte antes do quo a carte pueda desechar el caso.
The name and address
of the court is:
CASE NuMe5R:
(Nmero del cfl
(El nambre y direccin de Ia carte es): Los Angeles Superior Court
111 North Hill Street

95 5 4 6
The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
(El nambre, Ia directiOn y el nr2mero do telOfano del abogada del demandante, a del demandante quo no tiene abogado, es):
Sarah E. Hernandez, SBN 206305, Finlc & Steinberg, %4ra0 Olympic Blvd., Ste. 316, Los Angeles, CA 90064
0
a
(olo)usotwJJ
DATE:
Fecha
Cleric by
7iHr
SEP 2 1 VI,J
Secretario,I
....rM(JNV48oLub...
Deputy
Adjuntg
(Far proof of sen/ice of this summons, use Proof of Service of Summons (farm P03-010).)
(Para prueba do entrega do esta citation use a! farmulada Proof of Service of Summons, (P05-010)).
l5EALi
NOTiCE TO THE PERSON SERVED: You are served

1, LJJ as an individual defendant
2.
[JJ
as the person sued under the fictitious name of (specify):
EEl
on behalf of (specify):
under:
4.
Form Adopted for Mandatory use
Ju,jcal cooed) of catfonda
suM-ice fRey. Jt$ 1,20091
EEl
EEl
CCP 416.10 (corporation)

CCP 416.20 (defunct corporation)
CCP 416.40 (association or partnership)
EEl
[]
U
CCP 416.60 (minor)

CCP 416.70 (conservatee)
COP 416.90 (authorized person)
other (specify):
by personal delivery an (data):
SUMMONS
Page 1 olH
code of civil Pmoedure 5 112.20,465
www.cowsrtca.gov
SUM-200(A)
SHORT TITLE:
CASE NUMBER:
Honda v. American Apparel, Inc., et al.
INSTRUCTIONS FOR USE

This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons.
If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: Additional Parties
Attachment form is attached.
List additional parties (Check only one box. Use a separate page for each type of party.):
Plaintiff
7J
Defendant
j Cross-Complainant
Cross-Defendant
AMERICAN APPAREL RETAIL, INC., a California corporation; AMERICAN APPAREL (USA), LLC, a
California limited liability company; AMERICAN APPAREL MANUFACTURING, INC., a California
corporation, AMERICAN APPAREL GROUP, a Delaware corporation; AMERICAN APPAREL
CORPORATION, a Delaware corporation; and DOES ito 100, inclusive,
Defendants.
Page
of
Page 1 of 1
Form Adopted for Mandatory Use
ADDITIONAL PARTIES ATTACHMENT
SUM-200(A) lRev. January 1, 20071
Attachment to Summons
85
SUPERIOR COURT OF CAL1IORNIA, COUNTY OF LOS ANGELES

NOTICE OF CASE ASSIGNMENT UNLIMITED CIVIL CASE (NON-CLASS ACTION)
Case Number
-
THIS FORM IS TO BE SERVED WITH THE SUMMONS AND COMPLAINT
Your case is assigned for all purposes to the judge indicated below. There is more information on the reverse side of this form.
ASSIGNED JUDGE
DEPT
ROOM
ASSIGNED JUDGE
DEPT
ROOM
Hon. Elizabeth Allen White
48
506
636
Hun. Deirdre Hill
49
509
14
300
Hon. Teresa A. Beaudet
50
508
Hon. Richard Fruin
15
307
Hon. Michael J. Raphael
51
511
Hon. Rita Miller
16
306
Hon. Susan Bryant.Deason
52
510
Hon. Richard E. Rico
17
3419
Ron. Steven 3. Kleifleld
53
513
Hon. Stephanie Bowick
19
311
Hon. Ernest M. Hiroshige
54
512
Hon. Dalila Corral Lyons
20
310
Hon. Malcolm H. Mackey
55
515
Hon. Robert L. Hess
24
314
Hon. Michael Johnson
56
514
Hon. Yvette M. Palazuelus
28
318
Hon. Rolf M. Treu
58
516
Hon. Barbara Scheper
30
400
Hon. Gregory Keosian
61
732
Hon. Samantha Jessner
31
407
Hon. Michael L Stern
62
600
Hon. Mary H. Strobel
32
406
Hon. Mark Mooney
68
617
Hon. Michael P. Linfield
34
408
Hon. William F. Fahey
69
621
Hon. Gregory Alarcon
36
410
Hon. Suzanne 6. Bruguera
71
729
Hon. Marc Marmaro
37
413
Hon. Ruth Ann Kwan
72
731
Hon. Maureen Duffy-Lewis
38
412
Hon. Rafael Ongkeko
73
733
Hon. Elizabeth Feffer
39
415
Hon. Teresa SanchezGordon
74
735
Hon. Michelle R. Rosenblatt
40
414
Hon. Gail Ruderman Feuer
78
730
Hon. Holly E. Kendig
42
416
lion. Mel Red Recana
45
529
Hon. Emile H. EHas
324
CCW
324
CCW
Hon. Kevin C. Brazile
534
Hon. Barbara A. Meiers
12
Hon. Terry A. Green
lion. Frederick C. Shaller
46
500
Hon. Debre K. Weintraub
47
507
*provisionally Complex
Non-class Action Cases
Assignment is Pending
CarnnIv flpfgrmnqtinn
*CoIflplex
All non-class action cases designated as provisionally complex are forwarded to the Supervising Judge of the Complex Litigation Program
located in the Central Civil West Courthouse (600 S. Commonwealth Ave., L,os Angeles 90005), for complex)non-complex determination
pursuant to Local Rule 3.3(k). This procedure Is for the purpose of assessing whether or not the case is complex within the meaning of
California Rules of Court, rule 3.400. Depending on the outcome of that assessment, the case may be reassigned to one of the judges of the
Complex Litigation Program or reassigned randomly to a court in the Central District.
Given to the Plaintiff/Cross-Complainant/Attorney of Record on
SFIERRI R. CARTER, Executive Officer/Clerk

. _____________
LACIVCCH 190 (Rev. 09115)

LASC Approved 05-06
- NOTICE OF CASE ASSIGNMENT

UNLIMITED CML CASE
Deputy Clerk
Page 1 of 2
SHORT TIRE:
BC 5 U 5 4 6
CASE NUMBER
Honda v. American Apparel, Inc., et at.
CIVIL CASE COVER SHEET ADDENDUM AND

STATEMENT OF LOCATION
(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)
This form is required pursuant to Local Rule 2.0 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?
YES
CLASS ACTION?
LI
YES LIMITED CASE?
DYES
Item II. Indicate the correct district and courthouse location (4 steps
TIME ESTIMATED FOR TRIAL 8-10
El HOURS! IZi DAYS
If you Checked Limited Case, skip to Item Ill, Pg. 4):
Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your
case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected.
Step 2: Check gj Superior Court type of action in Column B below which best describes the nature of this case.
Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have
checked. For any exception to the court location, see Local Rule 2.0,
Applicable Reasons for Choosing Courthouse Location (see Column C below)
1.
2.
3.
4,
5.
Class actions must be tiled in the Stanley Mosk Courthouse, central district.
May be filed in central (other county, or no bodily injury/property damage).
LocatIon where cause of action arose.
Location where bodily injury, death or damape occurred,
Location where performance required or defendant resides.
6.
7.
8.
9,
10,
Location of property or permanently garaged vehicle.

Location where petitioner resides.
Location wherein defendant/respondent functions wholly.
Location where one or more of the parties reside.
Location of Labor Commissioner Office
Step 4: Fill in the information requested on page 4 in Item Ill; complete Item IV. Sign the declaration.
Clvii Case Cover Sheet

Category No
St
DO
4-
Auto (22)
Uninsured Motorist (46)
Asbestos (04)
4)0
0. &-.
Product Uability (24)
Type of Action
(Check only one)
Applicable Reasons
See Step 3 Above
LI A71 00 Motor Vehicle Personal Injury/Property Damage/Wrongful Death
1., 2., 4.
LI A71 10 Personal Injury/Property Damage/Wrongful Death
1., 2., 4.
Uninsured Motorist
LI A6070 Asbestos Property Damage
2.
LI A7221 Asbestos
2.
Personal Injury/Wrongful Death
D A7260 Product Liability (not asbestos or toxic/environmental)
1., 2., 3., 4., 8.
LI A7210 Medical Malpractice Physicians & Surgeons
1.14,
LI A7240 Other Professional Health Care Malpractice
1., 4.
C)
Medical MalpractIce (45)
C,
LI A7250 Premises Liability (e.g., slip and fall)

persrniury
Property Damage
Wrongful Death
(23)
LACIV 109 (Rev. oS/Il)

LASC Approved 03-04
U A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g.,

assault, vandalism, etc.)
1., 4
1 4
LI A7270 Intentional InflIction of Emolional Distress
1,,
U A7220 Other Personal In)ury)Property Damage/Wrongful Death
1 4
CIVIL CASE COVER SHEET ADDENDUM

AND STATEMENT OF LOCATION
Local Rule 2.0

Page i
or 4
SHORT TITLE:
CASE NUMBER

A
Civil Case Cover Sheet

Category No.
Type of Action
(Check only one)
C
Applicable Reasons
See Step 3 Above
Business Tort (07)
El
A6029 Other Commercial/Business Tort (not fraud/breach of contract)
1., 3.
Civil Rights (08)
El
A6005 Civil Rights/Discrimination
1., 2., 3.
Defamation (13)
El
A601 0 Defamation (slander/libel)
1., 2., 3.
Fraud (16)
El
A6013 Fraud (no contract)
1., 2., 3.
G)
El
A6017 Legal Malpractice
1., 2., 3.
El
A6050 Other Professional Malpractice (not medical or legal)
1., 2., 3.
Other (35)
El
A6025 Other Non-Personal Injury/Property Damage tort
2.,3.
Wrongful Termination (36)
A6037 Wrongful Termination
i. 3.
El
A6024 Other Employment Complaint Case
1., 2., 3.
El
A6109 Labor Commissioner Appeals
10.
El
A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful

eviction)
2 5
El
A6008 ContractANarranty Breach -Seller Plaintiff (no fraud/negligence)
2., 5.
El
A6019 Negligent Breach of ContractANarranty (no fraud)
1., 2., 5.
El
A6028 Other Breach of Contract/Warranty (not fraud or negligence)
1., 2., 5.
El
A6002 Collections Case-Seller Plaintiff
2., 5., 6.
El
A6012 Other Promissory Note/Collections Case
2., 5.
El
A6015 Insurance Coverage (not complex)
1., 2., 5., 8.
El
A6009 Contractual Fraud
1., 2., 3., 5.
El
A6031 Tortious Interference
1., 2., 3., 5.
El
A6027 Other Contract Dispute(not breach/insurance/fraud/negligence)
1., 2., 3., 8.
Eminent Domain/Inverse
Condemnation (14)
El
A7300 Eminent Domain/Condemnation
2.
Wrongful Eviction (33)
El
A6023 Wrongful Eviction Case
El
A6018 Mortgage Foreclosure
2., 6.
El
A6032 Quiet Title
2., 6.
El
A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure)
2., 6.
El
A6021
2., 6.
El
A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)
Professional Negligence (25)
oc
>
0.
Other Employment (15)
LU
Breach of Ccn
tcU Warranty
0
(not insurance)
(3
Collections (09)
0
C-,
Insurance Coverage (18)
Other Contract (37)
0
0.
Number of parcels______
2., 6.
0
U
Other Real Property (26)
Unlawful Detainer-Commercial
Unlawful Detainer-Commercial (not drugs or wrongful eviction)
U
0
:1
Unlawful Detainer-Residential
Unlawful DetainerPost-Foreclosure (34)
Unlawful Detainer-Drugs (38)
LACIV 109 (Rev. 03/11)

LASC Approved 03-04
2., 6.
El A6020F Unlawful Defamer-Post-Foreclosure
2., 6.
El
2., 6.
A6022 Unlawful Detainer-Drugs

Local Rule 2.0

Page 2 of 4
SHORT TITLE:
CASE NUMBER

A
Civil Case Cover Sheet

Category No.
Type of Action
(Check only one)
Applicable Reasons
See Step 3 Above
Asset Forfeiture (05)

Petition re Arbitration (11)
El A61 08 Asset Forfeiture Case
2., 6.
El A6115 Petition to Compel/ConfirmNacate Arbitration
2., 5.
El A61 51 Writ Administrative Mandamus
2., 8.
El A61 52 Writ
Mandamus on Limited Court Case Matter
2.
Other Limited Court Case Review
2.
Writ of Mandate (02)
C.)
El A6153 Writ
Other Judicial Review (39)
El A61 50 Other Writ /Judicial Review
2., 8.
Antitrust/Trade Regulation (03)
El A6003 Antitrust/Trade Regulation
1., 2. 8.
a,
Construction Defect (10)
1., 2., 3.
A6007 Construction Defect
-J
Claims Involving Mass Tort
a)
El A6006 Claims Involving Mass Tort
1., 2., 8.
Securities Litigation (28)
El A6035 Securities Litigation Case
1., 2., 8.
Toxic Tort
Environmental (30)
El A6036 Toxic Tort/Environmental
1., 2., 3., 8.
El A6014 Insurance CoveragelSubrogation (complex case only)
1., 2., 5., 8.
El A6141 Sister State Judgment
2., 9.
El A6160 Abstract of Judgment
2., 6.
El A6107 Confession of Judgment (non-domestic relations)
2., 9.
El A61 40 Administrative Agency Award (not unpaid taxes)
2., 8.
El A61 14 Petition/Certificate for Entry of Judgment on Unpaid Tax
2., 8.
El A61 12 Other Enforcement of Judgment Case
2., 8., 9.
El A6033 Racketeering (RICO) Case
1., 2., 8.
El A6030 Declaratory Relief Only
1., 2., 8.
Li A6040 Injunctive Relief Only (not domestic/harassment)
2., 8.
0
C,
>
Ca
=
0
U,
Insurance Coverage Claims
a)
)
C.)
C
Ui
C
G)
0)
-o
Enforcement
of Judgment (20)
RICO (27)
U)
Other Complaints
(Not Specified Above) (42)
Partnership Corporation
Govemance (21)
U)
o
o
1., 2., 8.
El A6000 Other Civil Complaint (non-tort/non-complex)
1., 2., 8.
El A61 13 Partnership and Corporate Governance Case
2., 8.
El A6121 Civil Harassment
2., 3., 9.
U)
00
El A601 1 Other Commercial Complaint Case (non-tort/non-complex)
a)
U),.
,
Other Petitions
(Not Specified Above)
(43)
LACIV 109 (Rev. 03/1 1)
LASC Approved 03-04
El A6123 Workplace Harassment
2., 3., 9.
El A6124 Elder/DependentAdultAbuseCase
2., 3., 9.
El A6190 Election Contest
2.
El A61 10 Petition for Change of Name
2., 7.
El A6170 Petition for Relief from Late Claim Law
2., 3., 4., 8.
El A6100 Other Civil Petition
2., 9.

Local Rule 2.0
Page 3 of 4
SHORT TITLE:
CASE NUMBER
Item III. Statement of Location: Enter the address of the accident, partys residence or place of business, performance, or other
circumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected.
ADDRESS:
REASON: Check the appropriate boxes for the numbers shown

under Column C for the type of action that you have selected for
this case.
747 Warehouse St.
Lii. E12. L13. L14. L15. L16. E7. L18. E9. Lb.
CITY
STATE:
Los Angeles
CA
ZIP CODE
J90021
Item IV. Declaration of Assignment: I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that the above-entitled matter is properly filed for assignment to the Stanley Mosk
courthouse in the
Central
District of the Superior Court of California, County of Los Angeles [Code Civ. Proc., 392 et seq., and Local
Rule 2.0, subds. (b), (c) and (d)].
Dated: September 21 2015

(SIGNATURE I
PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY

COMMENCE YOUR NEW COURT CASE:
1.
Original Complaint or Petition.
2.
If filing a Complaint, a completed Summons form for issuance by the Clerk.
3.
Civil Case Cover Sheet, Judicial Council form CM-OlD.
4.
Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev.
03111).
5.
Payment in full of the filing fee, unless fees have been waived.
6.
A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is a
minor under 18 years of age will be required by Court in order to issue a summons.
7.
Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum
must be served along with the summons and complaint, or other initiating pleading in the case.
LACIV 109 (Rev. 03/11)

LASC Approved 03-04
CML CASE COVER SHEET ADDENDUM

Local Rule 2.0
Page 4 of 4

Pres of AA Wholesale PAT HONDA VS. AMERICAN APPAREL BC595546

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Pres of AA Wholesale PAT HONDA VS. AMERICAN APPAREL BC595546

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Hak Cipta:

Format Tersedia

.

Keith A. Fink, Bar No. 146841

Attorneys for Plaintiff

SUPERIOR COURT OF TIlE STATE OF CALIFORNIA

PATRICIA HONDA, an individual;

COMPLAINT FOR DAMAGES FOR:

AMERICAN APPAREL, INC., a Delaware

2. VIOLATION OF GOVERNMENT CODE

5. BREACH OF ORAL CONTRACT

7. VIOLATION OF LABOR CODE 201,4

8. VIOLATION OF LABOR CODE 203, et

9. VIOLATION OF LABOR CODE 204(a),

[JURY TRIAL DEMANDED]

COMPLAINT FOR DAMAGES

Plaintiff PATRICIA HONDA hereby alleges as follows:

VENUE AND PARTIES

Los Angeles, State of California.

APPAREL MANUFACTURING, INC. (AMERICAN APPAREL and/or DEFENDANTS) is, and

Los Angeles, State of California.

APPAREL CORPORATION (AMERICAN APPAREL and/or DEFENDANTS) is, and at all

Angeles, State of California.

PLAINTIFF is informed and believes, and thereon alleges that AMERICAN

AMERICAN APPAREL MANUFACTURING, INC., AMERICAN APPAREL GROUP, and

AMERICAN APPAREL CORPORATION were joint employers of PLAINTIFF. AMERICAN

AMERICAN APPAREL MANUFACTURING, INC., AMERICAN APPAREL GROUP, and

AMERICAN APPAREL CORPORATION hired employees jointly, including PLAINTIFF,

PLAINTIFF is informed and believes, and thereon alleges that AMERICAN

AMERICAN APPAREL MANUFACTURING, INC., AMERICAN APPAREL GROUP, and

that AMERICAN APPAREL, INC., AMERICAN APPAREL RETAIL, INC., AMERICAN

APPAREL (USA), LLC, AMERICAN APPAREL MANUFACTURING, INC., AMERICAN

partnership, joint venture, employment or alter ego relationship.

County of Los Angeles.

herein, and every allegation contained in Paragraphs 1 through 12, inclusive.

California Fair Employment and Housing Act (FEHA).

In or around 2001, HONDA began her employment with AMERICAN APPAREL.

In or around January/February 2015, AMERICAN APPAREL underwent significant

as AMERICAN APPARELS Senior Vice President of Marketing.

After ERLAND commenced working for AMERICAN APPAREL, she and/or

marketing campaigns and advertising strategy.

range of models, including Asian models.

models for future advertising campaigns.

Upon ERLAND and SCHNEIDERS appointment as executive management for

their employment with AMERICAN APPAREL in 2015.

with less qualified Caucasian and/or other non-Asian individuals.

During her tenure of employment, HONDA earned and AMERICAN APPAREL

monies and/or stock grants.

Immediately after SCHNEIDERS appointment as CEO, HONDA complained to her

On or about February 18, 2015, FINK sent correspondence to AMERICAN APPAREL,

copy is attached hereto as Exhibit A)

Despite AMERICAN APPARELS knowledge of FINKS legal representation of

outrageous and profoundly unethical.

to waive all legal claims.

However, FINK informed AMERICAN APPAREL that he

On or about March 17, 2015, DEFENDANTS responded to FINKS correspondence

On or about July 1, 2015, AMERICAN APPAREL terminated HONDA in retaliation

due to her longstanding employment relationship.

The severance was never paid.

received any compensation for her accrued vacation time.

time at the time of termination.

However, AMERICAN APPAREL has purposefully engaged in a

HONDA timely filed administrative complaints with the Department of Fair

Therefore, HONDA exhausted her administrative remedies.

VIOLATION OF GOVERNMENT CODE

[Discrimination Based On Race/National Origin]