MASTIN KIPP OWES ME MONEY

2. Defendant MASTIN KIPP aka WILLIAM KIPP aka WILLIAM MASTIN KIPP III (“Defendant Kipp”) is an individual over the age of 18, and at all times relevant in this Complaint, was believed to be a resident of Los Angeles County, California. Plaintiff is informed and believes that Defendant Kipp also conducts his business and/or businesses in County of Los Angeles, State of California, with a business address in West Hollywood, California.

3. Plaintiff is informed and believes, and based thereon alleges, that Defendant Claim Your Power LLC (“Defendant Claim Your Power” ), is a Delaware limited liability company, that conducts business in the County of Los Angeles, State of California, and entered into the agreement that is the subject of this Complaint in the County of Los Angeles, State of California. Plaintiff is further informed and believes that Defendant Claim Your Power is not registered with California Secretary of State as a foreign limited liability company doing business in the State of California, despite maintaining a business presence in the State of California.

4. Plaintiff is informed and believes, and based thereon alleges, that at all times herein mentioned, defendants DOES 1 through 50, and each of them, were either individuals, trusts, partnerships or some other form of business or other entity created by virtue of the laws of the State of California or some other state or nation, and/or existing and residing in the County of Los Angeles, State of California. The true names and capacities, whether individual, corporate, trustee, associate or otherwise of the defendants sued herein as DOES 1 through 50 inclusive, and each of them, are unknown to the Plaintiff, and therefore Plaintiff sues said defendants by such fictitious names. Plaintiff will amend this Complaint to state the true names and capacities when the same have been ascertained. Plaintiff is further informed and believes, and based thereon alleges, that each of said Doe Defendants participated in or is otherwise responsible for the acts or matters, and the damages, alleged herein. Plaintiff is informed and believes and based thereon alleges that, at all times herein mentioned, each of the defendants was the agent and/or employee of each of the remaining defendants, and, in doing the things hereafter alleged, was acting within the course and scope of such agency.

GENERAL ALLEGATIONS

5. Defendant Kipp is an author and motivational speaker who launched his most recent book “Claim Your Power”, with the aid of Plaintiff. Unfortunately, Defendant Kipp has failed to do so, and Plaintiff is now required to claim her power by the initiation and filing of this lawsuit.

6. Plaintiff is informed and believes that Defendant Kipp is a manager, member, and/or employee for Defendant Claim Your Power. Plaintiff is further informed and believes that Defendant Kipp is responsible for the payment of wages owed to Plaintiff.

7. In November 2020, Plaintiff was hired by Defendants to help market and sell the “Claim Your Power” brand. Defendant Claim Your Power and Plaintiff entered into the Agreement, with Defendant Kipp being a signatory to same. The Agreement provided that Plaintiff would market and sell Defendant Kipp’s brand and receive compensation and commissions from these services. The Agreement also contains an arbitration clause which Plaintiff is informed and believes is unconscionable, vague, and unenforceable and accordingly not controlling over this suit. Attached hereto as Exhibit 1 is a true and correct copy of the “Independent Contractor and Consulting Agreement,” entered into by the parties, dated November 8, 2020.

8. Although the Agreement is titled an “Independent Contractor and Consulting Agreement,” the Agreement was actually a disguised employment agreement whereby Plaintiff was under the control and direction of Defendant Claim Your Power in connection with the performance of the work, both under the contract for the performance of the work and in fact. Specifically, Defendant Claim Your Power required Plaintiff to provide services for “Sales enrollment and consulting.” In other words, Plaintiff was a salesperson for Defendants.

9. Further, the Agreement was for work that is the usual course of the hiring entity’s business. To wit, Defendant Claim Your Power and Defendant Kipp are in the business of selling motivational and coaching philosophies. Plaintiff was hired to market and sell these motivational and coaching philosophies.

10. Plaintiff performed these sales enrollment services and would provide Defendants with lists of the successful enrollees. Defendants also expected Plaintiff to be on all calls relating to sales and customer service, attend all launches of Defendants Claim Your Power and Kipp’s products. Plaintiff performed as demanded by Defendants.

11. Plaintiff was paid for the first two months of services that she provided. However, from and since March 2021, Defendants failed to make any payments to Plaintiff as agreed to under the Agreement. As a result, Plaintiff made repeated demands on Defendants for payments, and Defendants failed to provide any further payment to Plaintiff. As of the date of this filing, the amount currently owed to Plaintiff is $11,972.33. Of that amount, Plaintiff has also earned commissions in the amount of $3,528.44, which was to be paid over the course of 2021.

12. Plaintiff has requested, on a monthly basis, that Defendants make the payments that are presently due, but Defendants have failed to make any additional payments to Plaintiff and have completely ignored Plaintiff’s requests for payment. Plaintiff has also engaged counsel to send a demand letter, which was sent on April 9, 2021, which Defendants have also ignored.

FIRST CAUSE OF ACTION

(Violation Of Labor Code-- Nonpayment Of Wages (Labor Code, §§ 201, 203, 202, 218) against Defendants Claim Your Power, Kipp, and DOES 1 through 10)

13. Paragraph 1 through 12 are incorporated herein as though fully set forth below.

14. Defendants owes Plaintiff unpaid wages, including commissions, which Plaintiff earned while being employed by Defendant. As set forth above, Plaintiff performed the work required by Defendants. Defendants owe Plaintiff wages that total $11,972.33 under the terms of her employment with Defendants.

15. Pursuant to Labor Code, §§ 203 and 218, Plaintiff is entitled to receive an award of an additional penalties, including waiting time penalties and attorney’s fees, based on the number of days Defendants failed to pay Plaintiff her wages and commissions when due. Plaintiff’s employment with Defendants ended and wages were due on February 26, 2021.

16. Defendants failed to pay Plaintiff all wages when due, and Defendants willfully failed to pay these wages.

17. To date, Defendants have failed to pay any wages to Plaintiff.

SECOND CAUSE OF ACTION

(Breach of Contract against Defendant Claim Your Power and DOES 11 through 50)

18. Paragraph 1 through 17 are incorporated herein as though fully set forth below.

19. Pursuant to the Agreement, Defendant Claim Your Power was to pay Plaintiff $11,972.33. Plaintiff has also incurred attorney’s fees in the amount of $2,500.00, which are available to Plaintiff pursuant to the Agreement .

20. Defendant Claim Your Power defaulted under said agreement and is now in breach under the aforementioned by failing to make payments when due.

21. Plaintiff performed all that was required of her under the Agreement.

22. To date, the total amount due and owing to Plaintiff is $14,472.33. No part of this balance has been paid to date.

23. Plaintiff continues to be damaged by Defendant in an amount of $14,472.33 plus interest, additional attorney’s fees, and costs.

THIRD CAUSE OF ACTION

(Common Count-Quantum Meruit against Defendant Claim Your Power and DOES 1 through 50)

24. Paragraph 1 through 23 are incorporated herein as though fully set forth below.

25. Plaintiff alleges that Defendants became indebted to Plaintiff within the last four years for work, labor, services and materials rendered at the special instance and request of Defendants and for which Defendants promised to pay Plaintiff, the sum of $11,972.33 being the reasonable value.

26. Defendants are indebted to Plaintiffs in the amount of $11,972.33 , which is the reasonable value, is due and unpaid despite Plaintiff’s demand, plus prejudgment interest according to proof at the rate of percent per year from February 21, 2021.

PRAYER

WHEREFORE, Plaintiff prays for judgment in his favor and against DEFENDANTS, and each of them, as follows:

ON THE FIRST CAUSE OF ACTION

1. For damages in the amount of $11,972.33;

2. For waiting-time penalties in an amount according to proof under Labor Code

sections 203 and 218;

2. For attorney’s fees and costs;

3. For interest at the legal rate; and,

4. For such other and further relief as the Court deems just and proper.

and proper.

ON THE SECOND CAUSE OF ACTION

1. For damages in the amount of $14,472.33;