Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 1 of 39

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1 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 1 of KAI-CHING CHA, Bar No kcha@littler.com BLAIR A. COPPLE, Bar No bcopple@littler.com LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, California Telephone: Facsimile: Attorneys for Defendant ULTA SALON, COSMETICS & FRAGRANCE, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA SHERRI A. MEDEIROS on behalf of herself and all others similarly situated, v. Plaintiff, ULTA SALON, COSMETICS & FRAGRANCE, INC., a Delaware corporation, and DOES 1 through 50, inclusive, Defendants. DECLARATION IN SUPPORT OF REMOVAL Case No. DECLARATION OF KAI-CHING CHA IN SUPPORT OF DEFENDANT ULTA SALON, COSMETIC & FRAGRANCE, INC. S NOTICE OF REMOVAL [28 U.S.C. 1332, 1441 and 1446] Complaint Filed: September 25, 2018 Removal Filed: November 9, 2018 Trial Date: None Set CASE NO.

2 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 2 of I, Kai-Ching Cha, declare as follows: 1. I am an attorney at law duly licensed to practice and associated with the law firm of Littler Mendelson, P. C., attorneys of record for Defendant Ulta Salon, Cosmetics & Fragrance, Inc. ( Defendant ). As such I am intimately familiar with the matters in this case and if called as a witness, could and would testify competently thereto. 2. Attached hereto as Exhibit A is a true and correct copy of the Complaint, filed on September 25, Attached hereto as Exhibit B is a true and correct copy of the Summons, filed on September 25, Attached hereto as Exhibit C is a true and correct copy of the Civil Cover Sheet, filed on September 25, Attached hereto as Exhibit D is a true and correct copy of the Notice of Case Management Conference and Notice of Assignment of Judge For All Purposes, filed on September 25, Attached hereto as Exhibit E is a true and correct copy of the Notice of Service of Process, served on October 11, Attached hereto as Exhibit F is a true and correct copy of Defendant s Answer, filed on November 8, I declare under penalty of perjury pursuant to the laws of the United States of America and the State of California that the foregoing is true and correct. Executed in San Francisco, California on the 9th day of November, /s/ Kai-Ching Cha KAI-CHING CHA 25 FIRMWIDE: LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA DECLARATION IN SUPPORT OF REMOVAL 1. CASE NO.

3 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 3 of 39 Exhibit A

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17 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 17 of 39 Exhibit B

18 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 18 of 39 SUMMONS I FORcOURTUSEONLY (SOLOPARAUSOOEUICORrE) ` (CITACIOhI JUDICIAl.) NOTICE TO D)rFENDANT:, (AVISO AL DEMANDADO): ' ULTA SALON COSMf?TICS & FRAGRANCE INC. a Delaware corporation, and DOES 1 throu 0, inclusive, ' YOU ARE BEING SUED BY PLA(NTlFF:, (LO ESTA DEMANDANDO EL DEMANDANTE): SHERRI A. MBDEIROS on behalf of herself and a11 others similarly situated NOTlCEI You have been sued. The court may decide againstyou without your being heard unless you respond within 30 days. Read the information below. You have 80 CALENDAR DAYS a8er this summons and legal papers are served on you to file a written response at this ccurt and have a copy served 'on the plaintis. A letter or phone calt wilt not protect you. Your written response must be in proper legal form if you want the ccurt to hear your case. There maybe a court farm that you can use foryour response. You can find these court forms and more information at the Califomia Coutts Onllne Self-Help Center ( your ccunty law library, or the courthouse nearest you. If you cannot pay the fging 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 futther waming from the court. There are other legai requirements. You may want to cail an attorney dght away. If you do not know an attomey, you may want to call an attorney referral service. If you cannot afford an attomey, you may be eilgible for free tegal services from a nonprofit legal services program. You can locate these nonprorit groups at the Califomia Legal Sefvices Web site ( the Calirornia Courts Online Self-Help Center ( or by contacting your locaf courtor county barassoclatton. NOTE: The court has a siatutory lien forwaived fees and costs on any settlement or arbitration awani of $10,000'or more In a civil case. The court's lien must be paid before the courtwiil dismiss the csse. fav1s0! Lo han demandado. Si no responde dentro de 30 dlas, la corte puede decidiren su cnntra sln escucharsu versibn. Lea /a infonnacidn a continuacidn. Trene 30 D(AS DE CALENDARIO despu6s de que le entreguen esta citacidn ypapeles legales para presentar una respuesta por escrito en esta corte y hacer que se enfregue una cop[a al demandante. Una carta o una I[amada telefdnica no o protegen. Su respuesta por escrito tiene que estar en formato legal correcto sl desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mas informact6n en el Cenfro de Ayuda de las Cortes de Califomia ( en la biblioteca de leyes de su condado o en la corte que le quede mas ceroa. Si no puede pagar la cuota de presenteci6n, pide al secretarlo de la code que le dd un fonnulario de exencf6n de pago de cuotas. Si no presenta su respuesta a tiempo, puede perderel caso por tncumplimtento y la corfe le podra quitarsu sueldo, dlnero ybienes sin mas advertencia. Hay otros requisitos lega/es. Es recomendable que llarne a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remistdn a abogados. Sf no puede pagar a un abogado, es posrble que cumpla con /os nsquisitbs para obtener servlcroslegales gratuftos de yn programa de servicios /egales sin flnes de lucro. Puede encontr-ar estos grupos sin fines de lucro en el sitio web de Callfomta Legal Services, (www_lawhelpcalifomia.org), en el Centro de Ayuda de fas Cortes de Califomia, (6vww.sucorte.ca.gov) o pontendose en c>zntacfo con la corte o el co/egio de abogados locales. AVISO: Porley, la corte tfene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre cualquierrecuperacidn de $10,000 6 mes de valor rec)blda mediante un aouerdo o una concesl6n de adu7raje en un oaso de dereaho civfl. Tiene que pagarel gravamen de la code antes de que la corte pueda desechar el caso. The name and address of the court is: II case NUMesR: (EI nombre y direcci6n de la corte es): Old SoIano Courthottse fnomeradel casal: 580 Texas Street Fairfield, CA ~,~~ 5 0 ~/ s z The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attomey, is: (EI nombre, la direcci(in y el ngmera de telefono del abogado del derrlandante, o de1 demandante que no tiene abogado, es): JAMES HAWKINS APLC 9880 Research Drive Suite 200 Irvine; CA TEL: DATE: SEp % F Clerk, by J. W o Deputy (Fecha) (Secretario) (AdJunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citatf6n use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED; You are served 1. C] as an individuai defendant 2. C] as the person sued under the ffctftious name of (specify): ULTA SALON, COSMETICS & FRAGRANCE, INC., 3. on behalf of (specify): a Delaware corporation under. CCP (corporation) CCP (minor) ~J CCP (defunct corporation) CCP (conservatee) 0 CCP (association or partnership) 0 CCP (authorized person) I I = other (specify): 4. C] by personal delfvery on (date): _ Pas. i af 1 Fartn Adopted for Mandatary Uee S UMMONS code of ctvil PraeadEire , 465 Jddlcial CauncQ of CaQfomla SUM-100 [Rev. July 1, 20091

19 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 19 of 39 Exhibit C

Case 2:18-cv-02947-TLN-AC Document 1-1 Filed 11/09/18 Page 20 of 39 SUMMONS I FORcOURTUSEONLY (SOLOPARAUSOOEUICORrE) ` (CITACIOhI JUDICIAl.

20 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 20 of 39 SUMMONS I FORcOURTUSEONLY (SOLOPARAUSOOEUICORrE) ` (CITACIOhI JUDICIAl.) NOTICE TO D)rFENDANT:, (AVISO AL DEMANDADO): ' ULTA SALON COSMf?TICS & FRAGRANCE INC. a Delaware corporation, and DOES 1 throu 0, inclusive, ' YOU ARE BEING SUED BY PLA(NTlFF:, (LO ESTA DEMANDANDO EL DEMANDANTE): SHERRI A. MBDEIROS on behalf of herself and a11 others similarly situated NOTlCEI You have been sued. The court may decide againstyou without your being heard unless you respond within 30 days. Read the information below. You have 80 CALENDAR DAYS a8er this summons and legal papers are served on you to file a written response at this ccurt and have a copy served 'on the plaintis. A letter or phone calt wilt not protect you. Your written response must be in proper legal form if you want the ccurt to hear your case. There maybe a court farm that you can use foryour response. You can find these court forms and more information at the Califomia Coutts Onllne Self-Help Center ( your ccunty law library, or the courthouse nearest you. If you cannot pay the fging 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 futther waming from the court. There are other legai requirements. You may want to cail an attorney dght away. If you do not know an attomey, you may want to call an attorney referral service. If you cannot afford an attomey, you may be eilgible for free tegal services from a nonprofit legal services program. You can locate these nonprorit groups at the Califomia Legal Sefvices Web site ( the Calirornia Courts Online Self-Help Center ( or by contacting your locaf courtor county barassoclatton. NOTE: The court has a siatutory lien forwaived fees and costs on any settlement or arbitration awani of $10,000'or more In a civil case. The court's lien must be paid before the courtwiil dismiss the csse. fav1s0! Lo han demandado. Si no responde dentro de 30 dlas, la corte puede decidiren su cnntra sln escucharsu versibn. Lea /a infonnacidn a continuacidn. Trene 30 D(AS DE CALENDARIO despu6s de que le entreguen esta citacidn ypapeles legales para presentar una respuesta por escrito en esta corte y hacer que se enfregue una cop[a al demandante. Una carta o una I[amada telefdnica no o protegen. Su respuesta por escrito tiene que estar en formato legal correcto sl desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mas informact6n en el Cenfro de Ayuda de las Cortes de Califomia ( en la biblioteca de leyes de su condado o en la corte que le quede mas ceroa. Si no puede pagar la cuota de presenteci6n, pide al secretarlo de la code que le dd un fonnulario de exencf6n de pago de cuotas. Si no presenta su respuesta a tiempo, puede perderel caso por tncumplimtento y la corfe le podra quitarsu sueldo, dlnero ybienes sin mas advertencia. Hay otros requisitos lega/es. Es recomendable que llarne a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remistdn a abogados. Sf no puede pagar a un abogado, es posrble que cumpla con /os nsquisitbs para obtener servlcroslegales gratuftos de yn programa de servicios /egales sin flnes de lucro. Puede encontr-ar estos grupos sin fines de lucro en el sitio web de Callfomta Legal Services, (www_lawhelpcalifomia.org), en el Centro de Ayuda de fas Cortes de Califomia, (6vww.sucorte.ca.gov) o pontendose en c>zntacfo con la corte o el co/egio de abogados locales. AVISO: Porley, la corte tfene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre cualquierrecuperacidn de $10,000 6 mes de valor rec)blda mediante un aouerdo o una concesl6n de adu7raje en un oaso de dereaho civfl. Tiene que pagarel gravamen de la code antes de que la corte pueda desechar el caso. The name and address of the court is: II case NUMesR: (EI nombre y direcci6n de la corte es): Old SoIano Courthottse fnomeradel casal: 580 Texas Street Fairfield, CA ~,~~ 5 0 ~/ s z The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attomey, is: (EI nombre, la direcci(in y el ngmera de telefono del abogado del derrlandante, o de1 demandante que no tiene abogado, es): JAMES HAWKINS APLC 9880 Research Drive Suite 200 Irvine; CA TEL: DATE: SEp % F Clerk, by J. W o Deputy (Fecha) (Secretario) (AdJunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citatf6n use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED; You are served 1. C] as an individuai defendant 2. C] as the person sued under the ffctftious name of (specify): ULTA SALON, COSMETICS & FRAGRANCE, INC., 3. on behalf of (specify): a Delaware corporation under. CCP (corporation) CCP (minor) ~J CCP (defunct corporation) CCP (conservatee) 0 CCP (association or partnership) 0 CCP (authorized person) I I = other (specify): 4. C] by personal delfvery on (date): _ Pas. i af 1 Fartn Adopted for Mandatary Uee S UMMONS code of ctvil PraeadEire , 465 Jddlcial CauncQ of CaQfomla SUM-100 [Rev. July 1, 20091

21 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 21 of 39 Exhibit D

Case 2:18-cv-02947-TLN-AC Document 1-1 Filed 11/09/18 Page 22 of 39 SUPERIOR COURT OF CALIFORNIA 0 COUNTY OF SOLANO CIVIL DIVISION OLDSOLANOCOURTHOUSE - 580 Texas Street Fairfield, CA 94533 (707)

22 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 22 of 39 SUPERIOR COURT OF CALIFORNIA 0 COUNTY OF SOLANO CIVIL DIVISION OLDSOLANOCOURTHOUSE Texas Street Fairfield, CA (707) ' ~ FiALL OF JUSTICE ' 600 Union Avenue Fairf9eld, CA ' (707) , Plaintiff(s): MEDEIROS, SHERRI A. Defendant(s): ULTA SALON, COSMETICS & FRAGRANCE, INC. A DELAWARE CORP. Case No. FCS NOTICE OF CASE MANAGEMENT CONFERENCE ONE ~ AND NOTICE OF ASSIGNMENT OF JUDGE FOR ALL PURPOSES ~ :.:.; -.. ;.>_,..:: : ~.._ -....: _. ':P:URSUANT:TQ. LOCAL RULES AND.BY ORDER,:OF, THIS,C.OURT; THIS MATTER HAS-BEEN '--,--;.. ~ p CALENDARED FOR: CASE MANAGEMENT:CQNFERENCE. ONE;... _ ~. a ~ -,~...:~.,y sj _ ~~'l'::;f.. :. ::... > e r'. rr' ~. '.~.~:. 1J15/19 ~ :~.a Tinie...:::,<.:9:OO,.a:rrr: f- :,.; r -, ~ ;~:;.,r ~;..,.:.i 'k.~,_.. _.- +z ''t..*':. ~...,...Kri.. :.. ;~~i - _ ~~ '~~if.s ~ 2.".`.. J ' F"':~~ ~'~ `.~~ - Y e ~ ` i 2"u - :.` ;':~'.~, ti~n+.. ~.~..., i..3':r:.a -..~ ~Y~ F' ~ s. ~ -- ~ `.a.~.' :. :...~. - ' 5- S J ua" ~ + 'a : J.~ - _.ii:.y'al : +r ~ -Pt!, r ^'.. S r' ~"' ~' " w!..':". rm 9~ : y' Izs:<_.'.R~ _... r' '. g`~'k`'`- :.~ y ~ : - ~ y,~, ~ THISfl1liATTER HAS BEEN, A_SSIG(~IED FOR"AL'L~PURPOSE8 TO ~ ~ A. '. 5,., ~'t'i _j~..,... _ i~.:..44. ~ ~' ~.i:' -.,+.. j 'r. ~ ` : :~.~ '. : L. r~'~^ :i..ri ` r4 _ `r:." :~~ y: _:q`-...`. e'alesia:.;~one's' D` aa e men r~ t :22 -,~.~ ~~.- ~:'r ~...;..:::.:.~::...:9.:k :,, '~ ~:.. ;.,_ i :::,.:3 s....,...:..r: :.....,: <..e::~d,.a;.:~, p 5:,.. -.:~. ' _.. ~... r':. _ - ~..:~: -.-..,.. ' '... _ { - ---~~ALL:HlrARIN,GS;WILL.B_EHELD;`AT:"'`600`U,iiio _.:.~ _..., - ~..::...:-.,:r,r :. n: Avenue;~Fairt eltl=`c a Iif- or nia 94:533 ".....;.,... ~ ~..i~. c.....~.: +...,.. :~;. ~,.-. :.-..:;:a:. _. q,. ~ ~ "~.:,.....:,.y:;.:r: F ~..:.:.-. +`' r~. ~ The obligations of counsel, or any party not represented by an attorney, in regard to Case Management Conference One and any Case Management Conference Two set by the court are as follows: 1. Service of the complaint must be within sixty (60) calendar days of the date of fiiing. 2. Service and filing of ariy responsive pleadings must be within thirty (30) days after service of the complaint..the time for filing responsive pleadings may not be extended except as authorized by law. Appearance at the Case Management Conference does not excuse a litigant from.the requirement of filing and serving a responsive pleading within this_ deadline. 3:. Plaintiff shall serve a copy of this Notice of Case Management Conference- One and Notice of Assignment of Judge for All Purposes ("Notice of CMC One') on all defendants with the complaint. 4. Any party serving a cross-complaint shall serve a copy of this Notice of CMC One on each crossdefendant with the cross-complaint. 5. Any cross-complaint served after. Case Management Conference One has been held shall'have a Notice of Case Nlanagement Conference Two served with it, 6. At least thirty days before the date set for Case Management Conference One., all counsel and self.-. represented parties shall compiy with the meet and confer obligations of California Rules of Court, rule A Case Management Statement.(Judicial Councfl form CM-110) shall be filed with the court and served on all parties by each counsel by the 15th calendar day before "the date set for Case Management Conference One. 8. ' At least one party demanding a jury on each side of a civil case must pay a nonrefundable-fee of $ on or before the initial case management conference or as otherwise provided by statute. NOTICE OF CMC ONE AND NOTICE OF ASSIGNMENT OF JUDGE 0900-CV REV Page 1 of 2

23 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 23 of At Case Management Conference One the court shall inform counsel and self-represented parties of the date, time and place for Case Management Conference Two and shall make any orders regarding what is expected that counsel and self-represented parties will accomplish in regard to the case before the filing of the Case Management Statement for Case Management Conference Two. 10. Each counsel shall complete, file, and serve on all parties a cornpleted Case Management Statement by. the 15th calendar day before the date set for Case Management Conference Two 11. At any Case Management Conference, counsel shall be completely aware of all procedural, factual, and legal aspects of the case, and have full authority to discuss and resolve any issues that arise at the conference, including settlement of the case. This applies equally to both attorneys of record and specially-appearing counsel. 12. The court may im.pose sanctions pursuant to Solano County Local Rules, rule 4.6, in the event that a Case Management Statement is not timely filed and/or served, or is not fully completed, or the requirements of Rule 4.6 are not met. ~'p:y.:r3.~r.^s~2i.^ayr'~r.;x::_,."':~;,.;.~xrti..:d:.~:,:.._.:s'i. :x.oa. "v:;~.e`.r_,.- r:.j:.:,..rr.%s;i.~...».?:,..:i.><:.".i:: :: :,et;:...tSe?::::;~.J, ~.-r.. :;e:i~tr... '_...`..'.:~'}':~w~ -~^' ~"COCJNSEL~AND SELF P.EPRESEN~T,Ep PARTIES ARE OBLIGATED TO REVIEWAfVDwC'OMPLY,W1TH; ' r ~OCAL AND=STA`TEVIJIDE R~LES REGARQING CIVILsL~TIGATION They a~e available at r.,~ 'http /www courfs ca gov/ruces htm, ~ ~.. /ww /i,v solano co urt s ca gou/localrulesof._court..v: AFFIDAVIT OF SERVICE 1, the undersigned, declare under penalty of perjury that 1 am employed as a.deputy clerk of the above-entitled court and not a party to the within-entitled action, and that I served this notice as follows: I personally served the person named below on (date): 9/25/18 at (time) Name:- MATT CARBAJAL Party 91 Attorney of Record Representative I. MATT CARBAJAL, acknowledge receipt of a copy of this Notice of Case Management Conference One and Notice ofassignme t of Judge forall Purposes. Date: 9/25/18 i Signature I caused to be placed a true copy of this notice in an envelope which was then sealed and postage fully prepaid on the date shown below; that I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service; that the above stated document will be deposited in the Superior Court of California, County of Solano's outgoing mailbox for collection by county mail carriers on the date indicated. Said envelope was addressed to the attorneys for the parties, or the parties, as shown below: Date: 9/25/1 S See attached for additional service addresses Clerk of the Court Superior Court of CaliforMg 0900-CV REV By: t Deputy Clerk. NOTICE OF CMC ONE AND NOTICE OF ASSIGNMENT OF JUDGE Page2of2

24 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 24 of 39 Exhibit E

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27 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 27 of 39 Exhibit F

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29 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 29 of Defendant ULTA SALON, COSMETICS & FRAGRANCE, INC. ( Defendant ) hereby answers the Complaint filed by Plaintiff SHERRI A. MEDEIROS ( Plaintiff ) as follows: GENERAL DENIAL Pursuant to California Code of Civil Procedure section (d), Defendant denies generally and specifically each and every allegation contained in the Complaint. Defendant further denies that Plaintiff, or any alleged putative class member, has been injured or damaged in any way or because of any conduct, action, error, or omission on the part of Defendant or any agent, employee or other person acting under Defendant s authority or control. Additionally, Defendant denies that Plaintiff and/or any alleged putative class member is entitled to any legal or equitable relief in any amount or manner whatsoever from Defendant. DEFENSES Defendant asserts the following affirmative and other defenses, which they have designated, collectively, as Defenses. Defendant has not yet completed a thorough investigation or completed discovery of all facts and circumstances of the subject matter of the Complaint, and accordingly, reserves the right to amend, modify, revise, or supplement its Answer, and to plead such further defenses and take such further actions as it may deem proper and necessary in its defense upon the completion of said investigation and study. Without waiving or excusing Plaintiff s burden of proof or admitting that Defendant has any burden of proof whatsoever, Defendant asserts the following separate and distinct defenses and affirmative defenses: FIRST AFFIRMATIVE DEFENSE (Affirmative Defenses Asserted Against Each and Every Putative Class Member) As a separate and distinct affirmative defense, and to each purported cause of action therein, without waiving its ability to oppose class certification and explicitly asserting its opposition to the propriety of class treatment, if the Court does certify a class in this case over Defendant s objections, then Defendant asserts the affirmative defenses set forth below against each and every member of the certified class LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA Case No. FCS DEFENDANT S ANSWER TO PLAINTIFF S COMPLAINT

30 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 30 of LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA SECOND AFFIRMATIVE DEFENSE (Failure to State a Claim) As a separate and distinct affirmative defense, Defendant alleges that the Complaint and each claim set forth therein, or some of them, fail to state facts sufficient to state a claim upon which relief may be granted. THIRD AFFIRMATIVE DEFENSE (Statutes of Limitation) As a separate and distinct affirmative defense, and to each cause of action thereof, Defendant alleges that the applicable statute of limitation bars the purported causes of action asserted in the Complaint, in whole or in part, including but not limited to, California Code of Civil Procedure sections 338, 339, 340, and Business and Professions Code section FOURTH AFFIRMATIVE DEFENSE (After Acquired Evidence) As a separate and distinct affirmative defense, Defendant is informed and believes that a reasonable opportunity for investigation and discovery will reveal and, on that basis, alleges that the Complaint, and each cause of action set forth therein, or some of them, cannot be maintained against Defendant because after-acquired evidence bars and/or reduces any remedies or damages, which Defendant denies are appropriate or available. FIFTH AFFIRMATIVE DEFENSE (Avoidable Consequences Doctrine) As a separate and distinct affirmative defense, Defendant alleges that any recovery by Plaintiff and/or any putative class member(s) is barred in whole or in part by the avoidable consequences doctrine. SIXTH AFFIRMATIVE DEFENSE (Waiver) As a separate and distinct affirmative defense, Defendant alleges that by virtue of Plaintiff s conduct, actions and statements, Plaintiff has waived any and all causes of action against Defendant asserted in the Complaint. 3. Case No. FCS DEFENDANT S ANSWER TO PLAINTIFF S COMPLAINT

31 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 31 of LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA SEVENTH AFFIRMATIVE DEFENSE (Consent) As a separate and distinct affirmative defense, Defendant alleges that the Complaint and each cause of action set forth therein, or some of them, are barred, in whole or in part, by Plaintiff s express or implied consent to the conduct attributed to Defendant. EIGHTH AFFIRMATIVE DEFENSE (Estoppel) As a separate and distinct affirmative defense, Defendant alleges that, by virtue of Plaintiff s conduct, actions and statements, upon which Defendant reasonably relied, Plaintiff is estopped from asserting any right, claim or defense, if any, which she otherwise might assert against Defendant. NINTH AFFIRMATIVE DEFENSE (Unclean Hands) As a separate and distinct affirmative defense, Defendant alleges that Plaintiff s claims are barred, in whole or in part, by the doctrine of unclean hands. Defendant is informed, believes, and thereon alleges that any of its conduct that is alleged to have been unlawful or improper was taken because of Plaintiff s misrepresentation or other wrongful conduct. TENTH AFFIRMATIVE DEFENSE (Doctrine of Laches) As a separate and distinct affirmative defense, Defendant alleges that the Complaint is barred in whole or in part by the doctrine of laches. ELEVENTH AFFIRMATIVE DEFENSE (Unjust Enrichment) As a separate and distinct affirmative defense, Defendant alleges that Plaintiff and/or the putative class members received all money owed to her and/or them and therefore any recovery by Plaintiff or any putative class members would be unjust and inequitable under the circumstances of the case, to the extent that Plaintiff and any of the putative class members have already received compensation for the claims alleged in the Complaint. 4. Case No. FCS DEFENDANT S ANSWER TO PLAINTIFF S COMPLAINT

32 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 32 of TWELFTH AFFIRMATIVE DEFENSE (Failure to Exhaust Contractual/Administrative/Statutory Remedies) As a separate and distinct affirmative defense, Defendant alleges that Plaintiff failed to properly exhaust all of the contractual, administrative and/or statutorily required remedies prior to filing suit, and that such failure bars this suit in whole or in part. THIRTEENTH AFFIRMATIVE DEFENSE (Failure to Mitigate Damages) As a separate and distinct affirmative defense, Defendant is informed and believe that a reasonable opportunity for investigation and discovery will reveal and, on that basis alleges, that Plaintiff failed to exercise reasonable care to mitigate damages, if any, such as by reporting any allegations of missed rest periods, or failure to provide timely or accurate wage statements, and that if it is determined that they have the right to any recovery against Defendant, such recovery should be reduced and/or eliminated by such failure. FOURTEENTH AFFIRMATIVE DEFENSE (Offset) As a separate and distinct affirmative defense, Defendant alleges that any award to Plaintiff, and/or putative class member must be offset by the value of monies and/or benefits Defendant paid to Plaintiff that was not owed, and to the extent any sums are found due and owing to Plaintiff, Defendant is entitled to an offset against said sum to the extent paid, tendered, waived, compromised, and/or released prior to the adjudication herein, including but not limited to those amounts paid, tendered, waived, compromised, and/or released through any other proceeding, either formal or informal, or to the extent any additional compensation was paid to Plaintiff and/or the putative class members over and above their wages LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA Case No. FCS DEFENDANT S ANSWER TO PLAINTIFF S COMPLAINT

33 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 33 of SIXTEENTH AFFIRMATIVE DEFENSE (Accord and Satisfaction) As a separate and distinct affirmative defense, Defendant alleges that Plaintiff s claims fail because Plaintiff has been fully paid all amounts legally owed by Defendant, and by accepting the payments made to her, Plaintiff has effectuated an accord and satisfaction of her claims. SEVENTEENTH AFFIRMATIVE DEFENSE (Substantial Compliance with Labor Code) As a separate and distinct affirmative defense, Defendant alleges that even assuming arguendo Defendant failed to comply with any provision of the Labor Code, which Defendant denies, Defendant substantially complied with the Labor Code, thus rendering an award of civil penalties inappropriate under the circumstances. For the same reason, should the Court find a violation of the Labor Code occurred, and such violation gives rise to potential penalties, the Court must exercise its discretion and significantly discount or eliminate any potential penalties owed by Defendant due to Defendant s good faith efforts to comply with the Labor Code or substantial compliance with the Labor Code. EIGHTEENTH AFFIRMATIVE DEFENSE (Waiver of Rights) As a separate and distinct affirmative defense, Defendant alleges that civil penalties pursuant to Labor Code sections and 512 are inappropriate because, to the extent, if any, that Plaintiff or any class member did not take rest breaks because she/they: (1) voluntarily elected not to take rest breaks; or (2) waived her/their right to rest breaks. NINETEENTH AFFIRMATIVE DEFENSE (Failure to Comply with Policies) As a separate and distinct affirmative defense, Defendant alleges that any damages suffered were the result of failure by Plaintiff and/or the putative class members to comply with the reasonable expectations of Defendant and/or follow Defendant s reasonable instructions and/or 28 LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA policies. 6. Case No. FCS DEFENDANT S ANSWER TO PLAINTIFF S COMPLAINT

34 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 34 of TWENTIETH AFFIRMATIVE DEFENSE (No Injury) As a separate and distinct affirmative defense to the Complaint, Defendant alleges that Plaintiff and/or the putative class members are not entitled to any penalties because they did not suffer injury as a result of a knowing and intentional failure by Defendant to comply with California Labor Code 226(a). TWENTY-FIRST AFFIRMATIVE DEFENSE (No Intent or Knowledge) As a separate and distinct affirmative defense to the Complaint, Defendant alleges that, even assuming arguendo that Plaintiff and/or the putative class were not provided with a proper itemized statement of wages and deductions, or that an electronic wage statement does not comply with the Labor Code, Plaintiff and/or the putative class are not entitled to recover damages or penalties because Defendant s alleged failure to comply with California Labor Code section 226(a) was not a knowing and intentional failure under California Labor Code section 226(e). TWENTY-SECOND AFFIRMATIVE DEFENSE (Bona Fide Dispute) As a separate and distinct affirmative defense, Defendant alleges that, should any wages be found to be due Plaintiff and/or the putative class members, there is a bona fide dispute as to the obligation to pay such wages and, therefore, no waiting time penalty can be awarded under section 203 of the Labor Code. TWENTY-THIRD AFFIRMATIVE DEFENSE (No Willful or Intentional Violation) As a separate and distinct affirmative defense, Defendant alleges that, should any wages be found to be due Plaintiff and/or the putative class members, no waiting time penalty can be awarded under section 203 of the Labor Code because Defendant did not willfully or intentionally fail to pay any such wages LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA Case No. FCS DEFENDANT S ANSWER TO PLAINTIFF S COMPLAINT

35 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 35 of TWENTY-FOURTH AFFIRMATIVE DEFENSE (Discontinued Violations) As a separate and distinct affirmative defense, Defendant alleges that Plaintiff s prayer for penalties and relief under California Business and Professions Code sections 17200, et seq., is barred with respect to any alleged violations that have discontinued, ceased, or are not likely to reoccur. TWENTY-FIFTH AFFIRMATIVE DEFENSE (Violation of Due Process Rights) As a separate and distinct affirmative defense, Defendant alleges that the prosecution of this action as a class action, or a representative action on behalf of the general public under California Business and Professions Code section 17200, et seq., as applied to the facts and circumstances of this case, would constitute a denial of Defendant s due process rights, both substantive and procedural, in violation of the California Constitution and the Fourteenth Amendment to the United States Constitution. TWENTY-SIXTH AFFIRMATIVE DEFENSE (Adequate Remedies at Law) As a separate and distinct affirmative defense, Defendant alleges that to the extent that Plaintiff is asserting claims for equitable relief, such claims are barred, in whole or in part, on the grounds that Plaintiff has adequate remedies at law. TWENTY-SEVENTH AFFIRMATIVE DEFENSE (Inadequate Representative) As a separate and distinct affirmative defense, Defendant alleges that Plaintiff fails to satisfy the prerequisites to pursue a representative action, and cannot adequately represent the interests of the putative class members as to each purported cause of action and, therefore, lack standing as a representative of the proposed class LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA Case No. FCS DEFENDANT S ANSWER TO PLAINTIFF S COMPLAINT

36 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 36 of TWENTY-EIGHTH AFFIRMATIVE DEFENSE (Class Treatment is Inappropriate) As a separate and distinct affirmative defense, Defendant alleges that that this suit may not properly be maintained as a class action because: (a) Plaintiff has failed to plead and cannot establish the necessary procedural elements for class treatment; (b) a class action is not an appropriate method for the fair and efficient adjudication of the claims described in the Complaint; (c) individual issues are predominant; (d) Plaintiff cannot satisfy the requirements for class action treatment, and class action treatment is neither appropriate nor constitutional; (d) there is not a welldefined community of interest in the questions of law or fact affecting Plaintiff and the members of the alleged putative class; and (f) Plaintiff lacks standing to assert some or all claims TWENTY-NINTH AFFIRMATIVE DEFENSE (Res Judicata) As a separate and distinct affirmative defense, Defendant alleges that that Plaintiff s Complaint and every cause of action therein is barred by the doctrines of collateral estoppel and/or res judicata because of previous putative class action settlement agreements by Defendant Ulta Salon, Cosmetics & Fragrance, Inc. in the actions respectively titled, Sarah Moore v. Ulta Salon, Cosmetics & Fragrance, Inc., Case No. CV FMO (AGRx) and Quinby et al v. Ulta Salon, Cosmetics & Fragrance, Inc., Case no. CV WHO. RESERVATION OF ADDITIONAL DEFENSES Defendant alleges that because the Complaint is couched in conclusory terms, all defenses that may be applicable cannot be fully anticipated. Accordingly, the right to assert additional defenses, if and to the extent that such defenses are applicable, is reserved. In addition, Defendant reserves the right to amend this Answer should Defendant later discover facts demonstrating the existence of new and/or additional defenses, and/or should a change in the law support the inclusion of new and/or additional defenses LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA Case No. FCS DEFENDANT S ANSWER TO PLAINTIFF S COMPLAINT

37 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 37 of with prejudice; PRAYER FOR RELIEF WHEREFORE, Defendant prays for relief as follows: 1. That Plaintiff take nothing and that the Complaint be dismissed in its entirety 2. That judgment be entered in Defendant s favor; 3. That Defendant be awarded its attorneys fees and costs of suit herein to the extent permitted under applicable law; and and proper. Dated: November 8, 2018 FIRMWIDE: That Defendant be awarded such other, further relief as the Court deems just KAI-CHING CHA BLAIR A. COPPLE LITTLER MENDELSON, P.C. Attorneys for Defendant ULTA SALON, COSMETICS & FRAGRANCE, INC LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA Case No. FCS DEFENDANT S ANSWER TO PLAINTIFF S COMPLAINT

38 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 38 of 39

Case 2:18-cv-02947-TLN-AC Document 1-1 Filed 11/09/18 Page 39 of 39 CASE NAME: MEDEIROS v. ULTA SALON, COSMETICS & FRAGRANCE, INC. CASE NUMBER: FCS051572 POS-040 6. b. By United States mail.

39 Case 2:18-cv TLN-AC Document 1-1 Filed 11/09/18 Page 39 of 39 CASE NAME: MEDEIROS v. ULTA SALON, COSMETICS & FRAGRANCE, INC. CASE NUMBER: FCS POS b. By United States mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one): (1) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. (2) placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state): SAN FRANCISCO, CALIFORNIA c. By overnight delivery. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 5. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. d. By messenger service. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.) e. By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: NOVEMBER 8, 2018 BARBARA PALOMO (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) (If item 6d above is checked, the declaration below must be completed or a separate declaration from a messenger must be attached.) DECLARATION OF MESSENGER By personal service. I personally delivered the envelope or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. At the time of service, I was over 18 years of age. I am not a party to the above-referenced legal proceeding. I served the envelope or package, as stated above, on (date): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (NAME OF DECLARANT) (SIGNATURE OF DECLARANT) POS-040 [Rev. February 1, 2017] PROOF OF SERVICE CIVIL (Proof of Service) Page 2 of 3 American LegalNet, Inc.

Eviction Complaint (Landlords) Use Black Ink!

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