San Bernardino County Superior Court For use only San Bernardino District 247 W. Third Street San Bernardino, CA 92415-0210 .. 1? CI SAN EERNARDINO iFt-?Nii-inoIMO DISTRICT PLAINTIFF: STATE LABOR COMMISSIONER CHIEF, MAR 0 Sr 2015 DIVISION OF LABOR STANDARDS ENFORCEMENT DEFENDANT: ILM EMPLOYMENT GROUP, INC, a California ,ssiea Garaez corporation Case Number: NOTICE OF ENTRY OF JUDGMENT .r I To the parties and their attorneys of record: You are hereby noti?ed that ?16 attached copy of the Judgment in the above-entitled matter was entered on: 0 . CERTIFICATE OF SERVICE I hereby certify that I am a clerk Of the above-named court and not a party to this cause, that I served a copy ofthis NOTICE and a copy ofthe judgment, on the below date, by placing a copy thereofin separate envelope(s) addressed to: James Berry Daniel Ponce DIR/Division of Labor Standards ILM Employment Group, Inc. Judgment Enforcement Unit 4335 E. Airport Drive, #100 2031 Howe Avenue, #100 Ontario, CA 91762 Sacramento, CA 95 825 and by then sending said envelope(s) and depositing same with postage fully prepaid thereon, in the United States mail at San Bernardino California on it) I rC Jess?ca Ga 6 Clerk of the Court BqurW%W Deputy Conn Use Only NOTICE OF ENTRY OF JUDGMENT nneoi SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN State Labor Commissioner Chief, Divis? Case No vs. CERTIFICATE OF ASSIGNMENT ILM Employment Group, Inc., a Califor? A civil action or proceeding presented for filing must be accompanied by this certificate. Ifthe ground is the residence of a party. name and residence shall be stated. The undersigned declares that the above-entitled matter is filed for proceedings in the San Bernardino District of the Superior Court under Rule 404 of this court for the checked reason: I: General I: Collection Nature Of Action Ground i:i 1 Adoption Petitioner resides within the district. Ci 2 Conservator Petitioner or conservatee resides within the district. 3 Contract Performance in the district is expressly provided for. El 4 Equity The cause Of action arose within the district. El 5 Eminent Domain The property is located within the district. 6 Family Law Plaintiff, defendant, petitioner or respondent resides within the district. El 7 Guardianship Petitioner or ward resides within the district or has property within the district. l: 8 Harassment Plaintiff, defendant, petitioner or respondent resides within the district. Ci 9 Mandate The defendant functions wholly within the district. l: 10 Name Change The petitioner resides within the district. 11 Personal injury The injury occurred within the district. Cl 12 Personal Property The property is located within the district. El 13 Probate Decedent resided or resides within the district or had property within the district. 14 Prohibition The defendant functions wholly within the district. Cl 15 Review The defendant functions wholly within the district. Cl 16 Title to Real Property The property is located within the district. 17 Transferred Action The lower court is located within the district. CI 18 Unlawful Detainer The property is located within the district. 19 Domestic Violence The petitioner, defendant, plaintiff or respondent resides within the district. 20 Other 21 THIS FILING WOULD NORMALLY FALL WITHIN JURISDICTION OF SUPERIOR COURT. The address of the accident, performance, party. detention, place of business, or other factor which qualifies this case for filing in the above-designated district is: ILM Employment Group, Inc. 4335 E. Airport Drive, #100 (NAME . INDICATE TITLE OR OTHER QUALIFYING FACTOR) AooREss Ontario CA 91762 (CITY) (STATE) (ZIP CODE) i declare, undpr penalty of perjury, that the foregoing is true and correct and that this declaration was executed on as v/ 5:4 ,3 at Sacramentp i i 3?7 If Diem?hi" Sign?t?ofAtforney/Pa?y 13-16503-360 Rev. 1094 i . 58?15503 California .- - CM-010 (Name, Stale Barnumber, and address). I . - .. cgupr U35 DIR/Division of Labor Standards Enforcement, State of California i 2031 Howe Avenue, Suite 100 Sacramento, CA 95 825 TELEPHONE 916-263-2999 FAX NO: Win? ATTORNEY State Labor Commissioner ., {ti (.3, 9013 SUPERIOR COURTOF CALIFORNIA.COUNTY OF San Bernardino smrmomss. 247 w. Third Street MAILING ADDRESS. I .3192? AND ZIP CODE San Bernardino, CA 92415-0210 3316a" Cez i?r? BRANCH NAME: CASE NAME: Chief, DLSE v. Employment Group, Inc., a California corporation CASE COVER SHEET COmplex Case Designation CASE =1 Unlimited Cl Limited i (Amount (Amount Counter Jolnder I demanded demanded is Filed with ?rst appearance by defendant JUDGE exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: items 1?6 beiow must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation Uninsured motorist (46) Rule 3.740 collections (09) Other (Personal lnjuryiProperty Other collections (09) DamageNllrongful Death) Tort Insurance coverage (18) (04) Other contract (37) Product liability (24) eal property Madlcal maiDFaCtice (45) Eminent do-mainilnverse l:l Other (23) condemna?ion (14) AntitrustiTrade regulation (03) Construction defect (10) Mass tort (40) Securities litigation (28) Environmentali?Toxic tort (30) DU Insurance coverage claims arising from the above listed provisionally complex case (Other) Tort Wrongful eviction (33) types (41) Business tonguan business practice (07) Other real property (26) Enforcement of Judgment Civil rights (08) Unlawful Detainer Enforcement of judgment (20) Defamation (13) Commercial (31) Miscellaneous Civil Complaint DD Fraud (16) Residential (32) RICO (27) Intellectual property (19) Drugs (33) Other complaint (not specified above) (42) Professional negligence (25) JUdiCia' ReVieW Miscellaneous Civil Petition Other non-P'iPDiWD to? (35) l: forfenure (05) Partnership and corporate governance (21) Employment I: Petition re: arbitration award (11) El Other petition (not speci?ed above) (43) Wrongful termination (36) El Writ of mandate (02) Other employment (15) C, Other judicial review (39) 2. This case CI is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. :1 Large number of separately represented parties d. Large number of witnesses b. l: Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve c. Substantial amount ofdocumentary evidence a. Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. i:i Substantial postjudgmentjudicial supervision Remedies sought (check ail that apply): a. monetary nonmonetary; declaratory or iniunctive relief 0. I:lpunitive Number of causes of action (specify): 1 This case i: is is not a class action suit. lf known related cases, file and serve a notice of related case/(You may use form (SM-015.) Date: if); Ef?e) James Berry (TYPE on PRINT NAME) NOTICE 0 Plaintiff must file this cover sheet with the ?rst paper ?led in the action or pro ,eeding (except small claims cases or cases ?led under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal'; Rules of Court, rule 3220.) 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 ofthis cover sheet on all other parties to the action or proceeding. 0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onl . $3391.43?? V-t a i . (SIGNATURE Oi? PARTY OR ATTORNEY FOR age-1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30. 3.220, 3400?3403, 3.740: Judicial Council otCalilornia Cal Standards of Judicaal Administration. sld. 3.10 July 1, 2007] gov (i INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM 010 To Plaintiffs and Others Filing First Papers. If you are ?ling a first paper (for example, a complaint) in a civil case. you must complete and tile, along with your ?rst paper, the Civii 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 attorney?s fees, arising from a transaction in which property. services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment Writ of attachment. The identification of a case as a rule 3.?40 collections case on this form means that it will be exempt from the general time?ior-service requirements and case management rules. unless a defendant flies 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 Civii 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. Auto Tort Auto (22)?Personal InjuryiProperty DamageiWrongfui Death Uninsured Motorist (48) (if the case invoives an uninsured motorist ciaim subject to arbitration, check this item instead of Auto) Other (Personal Injury! Property DamageiWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury! -Wrongful Death Product Liability (not asbestos or toxic/environments!) (24) Medical Malpractice (45) Medical Malpractice? Physicians Surgeons Other Professional Health Care Malpractice Other (23) Premises Liability slip and fall) Intentional Bodily InjuryiPDiWD assault. vandalism) Intentional In?iction of Emotional Distress Negligent Infliction of Emotional Distress Other (Other) Tort Business TortiUnfair Business Practice (07) Civil Rights discrimination, false arrest) (not civil harassment) (08) Defamation slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medicai or iegai) Other Tort (35) Employment Wrongful Termination (36) Other Employment (15) (Rev. July 1. 2007] CASE TYPES AND EXAMPLES Contract Breach of ContractiWarranty (06) Breach of RentaliLease . Contract (not uniawfui detainer or wrongfui eviction) ContractiWarranty Breach?Seller Plaintiff (not fraud or negiigence) Negligent Breach of Contracti Warranty Other Breach of ContractiWarranty Collections money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory NoteiColleotions Case insurance Coverage (not provisionaiiy compiex) (18) Auto Subrogatlon Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domainilnverse Condemnation (14) Wrongful Eviction (33) Other Real Property quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, iandiord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case invoives drugs, check this item; otherwise, report as Commerciai or Residentiai) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ?Administrative Mandamus Writ?Mandamus on Limited Court Case Matter Writ?Other Limited Court Case Review Other Judicial Review (39) Review of Health Of?cer Order Notice of Appeal?Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3400?3403) AntitrustiTrade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) EnvironmentaliToxic Tort (30) Insurance Coverage Claims (arising from provisionaiiy compiex case type iisted above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic rotations) Sister State Judgment Administrative Agency Award (not unpaid taxes) PetitioniCertlfication of Entry of Judgment on Unpaid Taxes Othe?ellisrgorcemeni of Judgment Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only lnjunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-torb?non-compiex) Other Civil Complaint Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not speci?ed above) (43) Civil Harassment Workplace Violence EideriDependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2 LABOR COMMISSIONER, STAT CALIFORNIA For Court Use Only Chiefofthe Division of Labor Standards Enforcement. Department ofIndustrial Relations BY: JAMES E. BERRY, Attorney SBN 192148 2031 Howe Avenue, Suite 100 Sacramento, CA 95825 It; I -l 1:3: in? L. .1.-. Es Uzi) COURT OF SAN BERNARDINO TEL: DISTRICT I'vi AR t1 7.015 SUPERIOR COURT OF THE STATE OF CALIFORNIA Limited or Unlimited . County of: SAN BERNARDINO Districth: CIVIL DIVISION .. EPI lT'v? essrca Garcez Plaintiff STATE LABOR COMMISSIONER. CHIEF, DIVISION OF LABOR STANDARDS ENFORCEMENT STATE OF CALIFORNIA NO Filing Fee Defendant Per Labor Code Section 101 et. seq. ILM EMPLOYMENT GROUP, INC, a California corporation Court Number stud? Tt=h=ii=?_ State Case Number REQUEST THAT CLERK ENTER JUDGMENT AND JUDGMENT 35-130533 LABOR CODE SECTIONS 226.5, 1023. 1289, OR 2054 REQUEST THAT CLERK ENTER JUDGMENT I. The Citation or Proposed Civil Penalty ofthe Labor Commissioner has become final. The clerk is requested to enter judgment immediately in conformity with the accompanying certi?ed copy. 2. The Penalty Assessment Order and Findings of the Labor Commissioner have become final. The clerk is requested to enter judgment immediately in conformity with the aCCOmpanying certi?ed copies. LABOR CO STATE OF CALIFORNIA By r; 4. NAMES E. BERanomey Dated: [6 . I II 1 JUDGMENT 1. A celtified copy ofa Citation or Proposed Civil Penalty ofthe Labor Commissioner has been ?led with this court. Judgment therefore is entered in favor ofthe State Labor Commissioner and against the defendant named above in the amount of: $144,250.00 . the amount ofthe penalty assessment. 2. I: Certified copies ofa Penalty Assessment Order and of Findings ofthe Labor Commissioner, have been ?led with this court. Judgment therefore is entered in favor ofthe State Labor Commissioner and against the defendant named above in the amount of: the amount ofthe penalty assessment as affirmed or modified after hereinpursuant to C. C. P. 668. 5. Deputy Clerk Jessica Garmz I cernfv this to be a true copy of?l/Iejudgmem entered on in Judgment Book CIVIL NO: JEU15-153 DLSE 3 83A REQUEST THAT CLERK ENTER JUDGMENT AND JUDGMENT LABOR CODE SECTIONS 2054 . - . . if i - . 1' of California Department of Industrial - OF LABOR STANDARDS ENFORCEMENT Office?of the State Labor Commissioner CITATION Case. Number: I Citation NumberDate of Issue 2. Time I 3. Day of Week 4. State Employer Identification No. (SF.le .I . e/e/N Mg" - Mondowt 5. Garment Industr'y Cei'ti?eate of Registration No. 6. State Contract?or License No. (CSLB) '4 7. Farm Labor Contractor Liter)? No. pitymeni? (soup; line. a @[r?mh 8. Legal! Entity 9. Doing Business As (don) 10? Business Address - H555- a may at; moo} oft-ago; at totes/lbs; moms-5 sat art, Name of Person Served - . . itle of Person Served 13. Residence Address . lint/moon l4. Place SerVed. if different from item [0 above 65m sanctitch Bat. CA easel 15? Date or Period of Vi lalion - - - Time of Violation -. .. .Location of Violation I I gswwug?af ls. 69 The investigation revealed the following violation(5) of the California Labor Code Seetioni a! Ethel tit/368 arts, mid. item": mil ting (rift-in} nin? Vatians" Veiled they; mermaid 6355 52660 N, i. .. . -. mamas?ta 5n? mampleb angry-mariner? 19. Dates of Prior Violations 20. CIVIL PENALTY - - - -. -- -- . - . - - -. -. .- . Pursuant to Labor Code 5 the penalty assessment total of k6 Overtime wages assessed: Total Assessed I (Q It Minimum wages assessed: 21. The civil penalty must be received by the below listed office no later than ?111 1 unless appealed. See reverse side for appeal rightshereby certifv that tmmn.? ,1 -. 22. Issued by (Nellie) WU ?\wunwut - - - fit-ii, lI?lle, and of the Uri inf? . -- - the files of digs Labor 23? We . Commissioner served on the parties lienulu labor (Elm/mg?tonttf mg - Executed the 0?93 7575 Merripblilzm day 01" 9' I i? ?rst 25. Telephone (6m 97min? CW (m 0 LABOR COMMISSIONER fits-7 ":26 1t; i Personai Service Certi?ed Mail Registered Mail 24. District Office Address 26. Service Oi'iginaFWhite: DLSE issuing Of?ce Duplicate-Blue: Employer DLSE State Master File DLSE 140A (Revised ?-Zlil l} STATE OF CALIFORNIA INDUSTRIAL RELATIONS DIVISION OF LABOR STANDARDS ENFORCEMENT CERTIFICATION OF SERVICE BY MAIL (C.C.P. 1013A) OR CERTIFIED MAIL Elizabeth Nguyen do hereby certify that I am a resident or employed in the County of San Diego, California; over 18 years of age, not a party to the within action, and that I am employed and my business address is: DIVISION OF LABORSTANDARDS ENFORCEMENT 7575 Metropolitan Dr., Ste. 210 San Diego. CA 92108 On ,me 14 2014 i served the within NOTICE OF HEARING - PENALTY ASSESS. STOP ORDER by placing a true cepy thereof in an enveIOpe addressed as follows: ILM Employment Group, Inc. Attn: Daniel Ponce 4335 E. Airport Drive, Suite 100 Ontario, CA 91762 and then sealing the envelope and with postage and certified mail fees (if applicable) thereon fully prepaid, depositing it in the United States mail in this city by IZI Ordinary First?Class Mail Certified mail Personal Service Executed on: JUIY 14. 2014 at San Diego, California. State Case Number: 35?120532-531 I. By: A. Eliz?Nguyen DLSE 544 (Rev.5i86) CERTIFICATION OF SERVICE BY MAIL (C.C.P. 1013a) OR CERTIFIED MAIL STATE OF CALIFORNIA I OF INDUSTRIAL LABOR STANDARDS ENFORCEMENT CERTIFICATION OF SERVICE BY MAIL Elizabeth Nguyen do hereby certify that I am a resident or employed in the County of San Diego, California; over 18 years of age, not a party to the within action, and that I am employed and my business address is: DIVISION OF LABOR STANDARDS 7575 Metropolitan Dr., Ste. 210 San Diego, CA 92108 On 7I14I2014 I served the withinNOTICE OF HEARING - PENALTY ASSESS. I STOP ORDER by placing a true copy thereof in an envelope addressed as follows: Richard Falcone, Esq LittlerMendelson= PC .2050 Main Street! Suite 900 Irvine= CA 92614 and then sealing the envelope and with postage and certified mail fees (if applicable) thereon fully prepaid, depositing it in the United States mail in this city bv OrdinaryFirst?Class Mail El Certified Mail El Personal Service Executed on: 7I1412014 at San Diego, California. State Case Number: 35420532531 . Nguyen DLSE 544 (Rev.5!86) CERTIFICATION OF SERVICE BY MAIL (COP. 10138) OR CERTIFIED MAIL PROOF or SERVICE (C.C.P. 1013) CASE NAME: Chief, Division of Labor Standard Enforcement v. ILM Employment Group, Inc. a California corporation CASE NO: San Bernardino County Superior Court Case No. TBA I, Audrey Ong, hereby certify that I am employed in the County of Sacramento, over 18 years of age, not a party to the within action, and that I am employed at and my business address is: DIVISION OF LABOR STANDARDS ENFORCEMENT, Judgment Enforcement Unit, 2031 Howe Avenue, Suite 100, Sacramento, California 95825. On I served the following documents: REQUEST THAT CLERK ENTER JUDGMENT AND JUDGMENT LABOR CODE SECTIONS 226.5, 1023, 1289, OR 2054 By First Class Mail - A true copy of said document was placed in a sealed envelope with postage fully prepaid and I placed the sealed envelope for collection and processing by the United States Postal Service for mailing to the office of the following addressee in accordance with this agency?s usual practices in Sacramento, California, with which I am readily familiar. Daniel Ponce ILM Employment Group, Inc. 4335 E. Airport Drive, #100 Ontario, CA 91762 I declare under penalty of perjury that the foregoing is true and correct. Executed on 3 i 5 AUDREY) Qua San Bernardino County Superior Court For ?011? use only San Bernardino District 247 W. Third Street San Bernardino, CA 92415?0210 OF SAN BERNARDINO SAN DISTRICT PLAINTIFF: STATE LABOR COMMISSIONER CHIEF, MAR 2015 DIVISION OF LABOR STANDARDS ENFORCEMENT j. W. . I -. f) DEFENDANT: ILM EMPLOYMENT GROUP, INC, a California 1&4 933" t. Jes Ica Gare an .- corpora lOI?l Case Number: NOTICE OF ENTRY OF JUDGMENT Tia?? a, a: mtg? hr if?; as} To the parties and their attorneys of record: You are herebyongtifzmgiat the attached copy Of the Judgment in the above?entitled matter was entered on: MAR CERTIFICATE OF SERVICE I hereby certify that I am a clerk of the above?named court and not a party to this cause, that I served a copy Of this NOTICE and a COpy Of the judgment, on the below date, by placing a copy thereofin separate envelope(s) addressed to: James Berry Daniel Ponce DIR/Division of Labor Standards ILM Employment Group, Inc. Judgment Enforcement Unit 4335 E. Airport Drive, #100 2031 Howe Avenue, #100 Ontario, CA 91762 Sacramento, CA 95825 and by then sending said envelope(s) and depositing same with postage fully prepaid thereon, in the United States mail at San Bernardino California on 325* la a i 6 I'an Jesswa Ga Clerk of the Court 13%;;an i Deputy Clea Court Use Only CLERICS NOTICE OF ENTRY OF JUDGMENT SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINQ g. 31.53% ?33* I Emlt??g?? State Labor Commissioner Chief, Divie? Case NO vs. CERTIFICATE OF ASSIGNMENT ILM Employment Group, Inc. a Califor? A civil action or proceeding presented for filing must be accompanied by this certificate. if the ground is the residence of a party, name and residence shall be stated. The undersigned declares that the above-entitled matter is filed for proceedings in the San Bernardino District of the Superior Court under Rule 404 of this court for the checked reason: I: General I: Collection Nature of Action Ground 1 Adoption Petitioner resides within the district. 2 Conservator Petitioner or conservatee resides within the district. 3 Contract Performance in the district is expressly provided for. CI 4 Equity The cause of action arose within the district. 5 Eminent Domain The property is located within the district. 6 Family Law Plaintiff, defendant, petitioner or respondent resides within the district. 7 Guardianship Petitioner or ward resides within the district or has property within the district. 8 Harassment Plaintiff, defendant, petitioner or respondent resides within the district. 9 Mandate The defendant functions wholly within the district. 10 Name Change The petitioner resides within the district. - 11 Personal Injury The injury occurred within the district. 12 Personal Property The property is located within the district. 13 Probate Decadent resided or resides within the district or had property within the district. 14 Prohibition The defendant functions wholly within the district. 15 Review The defendant functions wholly within the district. 16 Title to Real Property The property is located within the district. 17 Transferred Action The lower court is located within the district. CI 18 Unlawful Detainer The property is located within the district. :1 19 Domestic Vioience The petitioner, defendant, plaintiff or respondent resides within the district. 20 Other 21 THIS FILING WOULD NORMALLY FALL WITHIN JURISDICTION OF SUPERIOR COURT. The address of the accident, performance, party, detention, place of business, or other factor which qualifies this case for filing in the above-designated district is: ILM Employment Group, Inc. 4335 E. Airport Drive, #100 (NAME - TITLE OR OTHER QUALIFYING FACTOR) ADDRESS Ontario - CA 91762 (CITY) declare. un er penalty of perjury, that the foregoing is true and correct and that this declaration was executed on 3 [Iii-'1? )6 at Sacramentl? California i as . am I Signa?fAllorneylParty 13?16603-360 Rev. 10l94 83-16503 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number. and address): FOR COURT USE ONLY ?James E. Berry. SBN l92148 of Labor Standards Enforcement, State of" California 203i Howe Avenue, Solte 100 i 122': it} Sacramento. CA 95825 COURT TELEPHONENO: 916?263?2999 FAX no . . ?irt-3t gar-.5 ex ATTORNEY State Labor ?ll-?it?ll '0 SUPERIOR COURTOF CALIFORNIA. COUNTY OF San Bernardino MAR y, a; 2815- STREET ADDRESS: 247 W. Third Street 3 ADDRESS: San Bernardino, CA 92415?0210 BRANCH NAME: CASE NAME: Chief, DLSE v. ILM Employment Group, lnc._. a California corporation it K: CIVIL CASE COVER SHEET Complex Case Designation Unlimited Limited (Amount (Amount l:i Counter l:l Jomder JUDGE- demanded demanded is Filed with ?rst appearance by defendant exceeds $25,000) $25000 or less) (Cal. Rules of Court. rule 3.402) DEPT: items 1?6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation Auto (22) Breach of contrawwarranty (05) (Cal. Rules of Court. rules 3.400?3.403) Uninsured motorist (46) Rule 3.740 collections (09) Other (Personal Injuryl'Property Other collections (09) i:i regulation (03) Death} Tort El Insurance coverage (18) Construction defect (10) Mass tort (40) Securities litigation (28) Environmentalfioxic tort (30) Asbestos (04) Other contract (37) Product liability (24) Medical malpradice (45) i:l Eminent domalnl'li?wefse Insurance coverage claims arising from the Other PUPDIWD (23) condemnation (14) above listed provisionally complex case (Other) Tort i:l Wrongfu' EViCth? (33) types (41) i:i Business tortlunfair business practice (07) El Other real property (26) Enforcement Of Judgment i:l Civil rights (08) Unlawful Detainer Enforcement ofjudgment (20) i:i Defamation (13) commerCial (31) Miscellaneous Civil Complaint Fraud (16) El Residential (32) l:l RICO (27) l:l Intellectual property (19) El Drugs (38) Other complaint (not specified above) (42) Professional negligence (25) Judicla' Review Miscellaneous Civil Petition El Other 100(35) :1 A3531 forfeiture (05) Partnership and corporate governance (21) Petition re: arbitration award (11) Other petition (norspecm-ed above} (43) Wrongful termination (as) Writ of mandate (02) Other employment (15) I: Other judicial review (39) 2. This case Cl is is not complex under rule 3.400 of the California Rules of Court. Ifthe case is complex. mark the factors requiring exceptional judicial management: a. El Large number of separately represented parties d. l:l Large number of witnesses b. l:l Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve c. Substantial amount of documentary evidence e. l: Coordination with related actions pending in one or more courts in other counties. states. or countries. or in a federal court f. Ci Substantial postjudgmentjudicial supervision 3. Remedies sought (check all that apply): a. monetary b.l:l nonmonetary'. declaratory or injunctive relief C. :lpunitive 4. Number of causes of action (specify): 1 5. This case Cl is is not a class action suit. 6. If inertia aria any known related cases. file and serve a notice of related case." (l?ou mayause form Cid-015.) r'r? l5 . Date. i James E. erry (l 2 (TYPE on PRINT NAME) i (SIGNATURE cannery on ATTORNEY FOR PARTY) NOTICE 0 Plaintiff must file this cover sheet with the first paper ?led 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 3220.) Failure to file may result in sanctions. File this cover sheet in addition to any cover sheet required by local court rule. 0 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. 0 Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes onl . age 1 of 2 Form Adapted for Mandatory Use Cal. Rules of Court. miss 2 so. 3.220. moo-3.403. 3.740. Jud'Cial Come? Dicalilomia CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration. std. 3.10 Civil?010 (Rev. July 1. 200?] p, . 1 . INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM 010 To Plaintiffs and Others Filing First Papers. if you are ?ling 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 ?ts both a general and a more specific type of case listed in item 1. check the more speci?c 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 covar sheet with the ?rst 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 attorney's fees. arising from a transaction in which property. services. or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages. (2) punitive damages. (3) recovery of real 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. It 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 ?le and servo no later than the time of its ?rst appearance a joinder in the plaintiff's 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. Auto Tort Auto (22)?Personal DamageNVrongful Death Uninsured Motorist (45) (little case involves an uninsured motorist claim subject to arbitration. checir this item instead of Auto) Other (Personal Injuryl Property DamagelWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal lnjuryl Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians 81 Surgeons Other Professional Health Care Malpractice Other (23) Premises Liability slip and fall) intentional Bodily assault, vandalism) Intentional ln?iction of Emotional Distress Negligent lntiiction of Emotional Distress Other (Other) Tort Business TortlUnfair Business Practice (07) Civil Rights discrimination. false arrest) {not civil harassment) (08) Defamation slander. libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-010 [Rev. July 1. 2007] CASE TYPES AND EXAMPLES Contract Breach of Contractharranty (06) Breach of RentaliLease Contract (not unlawful detainer or wrongful eviction) Breach?Seller Plaintiff (not fraud or negligence) Negligent Breach of Contractl Warranty Other Breach of Contractharranty Collections money owed, open book accounts) (09) Collection Case?Seller Plaintiff Other Promissory NotelCoIlections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract Contractual Fraud Other Contract Dispute Real Property - Eminent Condemnation (14) Wrongful Eviction (33) Other Real Property quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain. landlord/tenant. or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs. check this item; otherwise. report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ?Administrative Mandamus Writ?Mandamus on Limited Court Case Matter Writ?Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal?Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3400-3403) Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation {28) EnvironmentallToxic Tort (30) Insurance Coverage Claims {arising from provisionally complex case type llsted above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment {non- domesfic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) PetitionlCerti?cation of Entry of Judgment on Unpaid Taxes Othe?ellisr?iaforcement of Judgment Miscellaneous Civil Complaint RICO Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only {non- harassment) Mechanics Lien Other Commercial Complaint Case Other Civil Complaint (non-torUnon?complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence ElderiDependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2 LABOR COMMISSIONER, STAT CALIFORNIA 'or Court Use Only Chief of the Division ofLabor Standards Enforcement Department of Industrial Relations BY: JAMES E. BERRY, Attorney SBN 192148 F) '1 -031 Howe Avenue, Stute 100 SUPERIOR COURT Sacramento, CA 93825 OF SAN BERNARDINO 24AM apatite-iatoiixio DISTRICT TEL: (916) 263-2999 MAR $29 31115 SUPERIOR COURT OF THE STATE OF CALIFORNIA Limited or Unlimited County of: SAN BERNARDINO ssica a; District of: CIVIL DIVISION Plaintiff STATE LABOR COMMISSIONER CHIEF, DIVISION OF LABOR STANDARDS ENFORCEMENT STATE OF CALIFORNIA No Filing Fee Defendant Per Labor Code Section 101 et. seq. ILM EMPLOYMENT GROUP. NC. a California corporation Court Number 3? is \i??lr \1?3 State Case Number REQUEST THAT CLERK ENTER JUDGMENT AND JUDGMENT 35-120532 LABOR CODE SECTION 119?.1 REQUEST THAT CLERK ENTER JUDGMENT I. The Citation or Proposed Civil Penalty ofthe Labor Commissioner has become ?nal. The clerk is requested to enter judgment immediately in conformity with the accompanying certi?ed copy. 2. El The Penalty Assessment Order and Findings ofthe Labor Commissioner have become ?nal. The clerk is requested to enter judgment immediately in conformity with the accompanying certi?ed copies. 3? 1 I A: LABOR CCIQMMISSIONER, STATE OF CALIFORNIA By N. ttAMEs EBERRY??gorney Dated: \l JUDGMENT l. A certi?ed copy ofa Citation or Proposed Civil Penalty of the Labor Commissioner has been ?led with this court. Judgment therefore is entered in favor ofthe State Labor Commissioner and against the defendant named above in the amount of: $10.000.00 the amount ofthe penalty assessment. 2. El Certi?ed copies ofa Penalty Assessment Order and of Findings ofthe Labor Commissioner, have been ?led with this court. Judgment therefOTe is entered in favor of the State Labor Commissioner and against the defendant named above in the amount of: the amount ofthe penalty assessment as af?rmed or modi?ed after herein. MAR 11 9 2016 a! page or nucro?lmed. pursuant to C. C. P. 668. 5. By?gw?i?gu Deputy Clerk JessiciOarcez I certi?! {his to be a true copy ofthejudgmem entered on in Judgment Book CIVIL NO: JEU15-153A DLSE 383D REQUEST THAT CLERK ENTER JUDGMENT AND JUDGMENT LABOR CODE SECTION 1197.1 I of California Department ol? Industrial Relatio?TiF ON OF LABOR STANDARDS ENFORCEMENT mil-ii": I Of?ce of the State Labor Commissioner CITATION Case Number: Citation NumberDate of Issue Week G??j Miriam 4. State Employer Identi?cation No. (SEIN) 5. Garmetit Industry Certi?cate of Registration No. State Contractt?leense No. . lin-lieenss 8. Legal Entity 7. Farm Labor Contractor Lynse No. -. TLM Mgaymefll? Grain inc; 9. Doing Business ((lba) ct (Elliemla Business Address ll. Name of Person Served . Daniel Ponce 42,55 Atrle are 14 @529, sweetener: no: l'Z. Title of Person Ser?f 3. Residence Address Dial/Lem: . Place Served. lt?dil?l?erent from item 10 above 53.31 ere/He. meme eat Date or Period of Violation cafe/e- Web/14g. . 16. .Time of Violation - (loan 1' - AM - PM l7. Location of Violation 73.5? Valle; fiercely; metals, an;j tsaee Ham-mm ?m on . VIOLATION The investigation revealed the following violation(s) of the California Labor Code Section: Mag as a ?9m {any Ltd-mm! a lime)- N. l9. Dates of Prior Violations 10M l3 +0 era/13 {.mdnj 20. CIVIL PENALTY Pursuant to Labor Code the penalty assessment is 55 too .g.'larmmeaa Plus it?) leer mienr?afdm/l Overtime wages assessed: Sale) Total Assessod for a total ol'mlbyee? and Cl?i' 22; (??llj Minimum wages assessed: 21. The civil penaltyI must be received by the below listed office no later than See reverse side for appeal rights. \Jltt?lc .50.. Jill-l unless appealed. - 22? [ma hy-{Nam I. . 4. :reby certify that the herein don I. anent IS a Dacha 1 -- fill ._trne,__ancl_ correct copy of-the original 23' we I U, 2110i contained .in the files of the Labor no . . ntniss'io'ner served on-tbe parties herein. 24. District Of?ce Address routed on the ?7975 Malawian Dz. eate- 2. Sam one. Ce was) M) "7697/ .2020 IN.) Certi?ed Mail (1. Service Xi?ersonal Service Registered Mail tin} at EA STATE LABOR COMMISSIONER By. - OrlginaLWhite: DLSE Issuing Office Duplicate?Blue: Employer DLSE 240A (Revised I) ?l?riplicztteLQYello_w: DLSE State Master File- I STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STANDARDS ENFORCEMENT CERTIFICATION OF SERVICE BY MAIL (C.C.P. 1013A) OR CERTIFIED MAIL I, Elizabeth Nguyen do hereby certify that I am a resident or employed in the County of San Diego, California; over 18 years of age, not a party to the within action, and that I am employed and my business address is: DIVISION OF LABOR STANDARDS ENFORCEMENT 7575 Metropolitan Dr., Ste. 210 San Diego. CA 92108 on July 14; 2014 I served the within NOTICE OF HEARING PENALTY ASSESS. I STOP ORDER by placing a true copy thereof in an envelope addressed as follows: ILM Employment Group,- Inc. Attn: Daniel Ponce 4335 E. Airport Drive, Suite 100 Ontario, CA91762 and then sealing the envelope and with postage and certified mail fees (if applicable) thereon fully prepaid, depositing it in the United States mail in this city by IXI Ordinary First-Class Mail IE Certified mail Personal Service Executed on: 14. 2014 at San Diego, California. State Case Number: 35-120532-531 ?nd" a .. ,r By: ?a Eli?Nguyen DLSE 544'IRevjsraS) CERTIFICATION OF SERVICE BY MAIL (CCP. 1013a) OR CERTIFIED MAIL STATE OF CALIFORNIA OF INDUSTRIAL RELATIOI. STANDARDS ENFORCEMENT CERTIFICATION OF SERVICE BY MAIL I, Elizabeth Nguyen do hereby certify that I am a resident or employed in the County of San Diego, California; over 18 years of age, not a party to the within action, and that I am employed and my business address is: DIVISION STANDARDS 7575 Metropolitan Dr., Ste. 210 San Diego, CA 92108 on 7/14/2014 I served the withinNOTiCE OF HEARING - PENALTY ASSESS. I STOP ORDER by placing a true copy thereof in an envelope addressed as follows: Richard S. Falcone? Esq. Littler Mendelson, PC 2050 Main Street) Suite 900 irvine; CA 92614 and then sealing the envelope and with postage and certified mail fees applicable) thereon fully prepaid, depositing it in the United States mail in this city by Ordinary First-Class Mail CI Certified Mail Personal Service Executed on: 7r14r2014 at San Diego, California. State Case Number: [gs-120532.531 I y. .- .-Eliz"abeth Nguyen DLSE 544 I I I CERTIFICATION OF SERVICE BY MAIL (C.C.P. 1013a) OR CERTIFIED MAIL PROOF OF SERVICE (C.C.P. 1013) CASE NAME: Chief, Division of Labor Standard Enforcement v. ILM Employment Group, Inc. a California corporation CASE NO: San Bernardino County Superior Court Case No. TBA I, Audrey Ong, hereby certify that I am employed in the County of Sacramento, over 18 years of age, not a party to the within action, and that I am employed at and my business address is: DIVISION OF LABOR STANDARDS ENFORCEMENT, Judgment Enforcement Unit, 2031 Howe Avenue, Suite 100, Sacramento, California 95825. On 5, I served the following documents: REQUEST THAT CLERK ENTER JUDGMENT AND JUDGMENT LABOR CODE SECTION 1197.1 By First Class Mail - A true copy of said document was placed in a sealed enveIOpe with postage fully prepaid and I placed the sealed envelope for collection and processing by the United States Postal Service for mailing to the office of the following addressee in accordance with this agency?s usual practices in Sacramento, California, with which I am readily familiar. Daniel Ponce ILM Employment Group, Inc. 4335 E. Airport Drive, #100 Ontario, CA 91762 I declare under penalty of perjury that the foregoing is true and correct. Executed on 3? fl 1 ?53 Ma AUDREY