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CLASS ACTION
COMPLAINT FOR DAMAGES FOR: 1) Violation of the California
Consumer Legal Remedies Act (Cal. Civil. Code 1750 et. seq.)
2) Unfair Competition (Cal. Business and Professions Code
17200)
3) Unjust Enrichment 4) Money Had nnd Received
DEMAND FOR JURY TRIAL
(by fax filing)
Plaintiff VANESSA GUTIERREZ individually, and on behalf of all
others similarly situated,
brings this action against defendants CASINO CAREER CENTER, INC.
(4'CCC"), LINDA BASQUEZ, and RAYMOND BASQUEZ, (collectively
referred to hereinaJ1er as '"Defendants'\) and alleges, on
information and belief (except as to those allegations relating to
Plaintiff herself, which arc asserted on personal knowledge), as
follows:
CLASS ACTION COMPLAINT
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2
CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
INTRODUCTION
1) This action is brought as a class action under the provisions
of Civil Code section
1781; Business & Professions Code section 17203; and Code of
Civil Procedure section 382.
PARTIES
2) Plaintiff Vanessa Gutierrez is an individual who resides in
the City of Temecula in the
County of Riverside California.
3) Defendant, CCC is a business entity located at 28780 Front
Street, Suite B-3
Temecula, California 92590.
4) Plaintiff is informed and believes that Defendant Linda
Basquez is an individual who
resides in the City of Temecula in the County of Riverside
California.
5) Plaintiff is informed and believes that Defendant Raymond
Basquez is an individual
who resides in the City of Temecula in the County of Riverside
California.
6) Plaintiff is informed and believes that there is such a unity
of interest and ownership
between CCC and its owners, Defendants Linda and Raymond
Basquez, that the separate
personalities of CCC and its owners do not truly exist, but
that, instead, each of the Defendants
named herein, acted as the agent, joint venturer or alter ego of
or for the other Defendants with
respect to the acts, violations, and common course of conduct
alleged herein.
7) Defendants organized and operated CCC in direct violation of
California Education
Code sections 94886 and 94943(a) for the unlawful purpose of
operating an illegal casino school and
illegally charging and receiving tuition payments from consumers
who Defendants mislead by
numerous misrepresentations and falsehoods including, but not
limited to, Defendants false
advertisement that CCC is a state certified school, and
Defendants fraudulent advertisement and
use of a long defunct Bureau of Private Postsecondary and
Vocational Education license number.
Treating the acts alleged herein as the acts of CCC alone would
sanction Defendants fraud upon
Plaintiff, the members of the class, and the general public and
promote illegal use of the corporate
form.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
8) The true names and capacities, whether individual, corporate,
associate, or otherwise
of Defendants named DOES 1 through 20, inclusive, are unknown to
Plaintiff, who, therefore, sues
such Defendants by such fictitious names. Plaintiff is informed
and believes, and on that basis
alleges, that DOES 1 through 20 are in some manner responsible
and/or liable for the wrongs and
injuries alleged herein. Plaintiff will seek leave of this Court
to amend this Complaint to allege the
true names and capacities of DOES 1 through 20 once they have
been ascertained.
JURISDICTION AND VENUE
9) This Court has subject matter jurisdiction over these
proceedings pursuant to the
general jurisdiction granted by the California Constitution as
set forth in California Code of Civil
Procedure section 410.10.
10) This Court has personal jurisdiction over Defendants because
they are found and are
doing business in the State of California and/or have sufficient
minimum contacts with California so
as to render the exercise of general or specific jurisdiction by
the California courts permissible under
traditional notions of fair play and substantial justice.
11) Venue is proper in Riverside County as against Defendants
pursuant to Sections 394
and 395 of the Code of Civil Procedure because one or more of
the Defendants reside in this County.
Venue is also proper under Civil Code section 1780(d) because
the transactions giving rise to this
Complaint all took place in Riverside County, California where
CCC is located and where all
Defendants reside and do business.
CLASS ACTION ALLEGATIONS
12) Plaintiff brings this action on her own behalf and on behalf
of all persons similarly
situated. Such a representative action is necessary to prevent
and remedy the deceptive, unlawful and
unfair practices alleged herein.
13) This action is brought and may be properly maintained as a
class action pursuant to the
provisions of Civil Code section 1781, Business and Professions
Code section 17203, and Code of
Civil Procedure section 382. Plaintiff brings this action on
behalf of herself and all members of the
class, defined as follows:
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
Any person who, on or after December 24, 2010, paid tuition to
Defendants or any agent or employee of any Defendant, for
enrollment in, or attendance at, CCC.
14) Excluded from the class are Defendants, any officers,
directors, affiliates, attorneys,
heirs, predecessors and successors in interest, employees,
agents, and/or assigns of any of the
Defendants.
15) The members of the class are so numerous that joinder of all
members is
impracticable. While the exact number of class members is
unknown to Plaintiff at this time and can
only be ascertained through discovery, Plaintiff believes that
there are at least two hundred members
of the proposed class.
16) There is a well-defined community of interest among the
members of the proposed
class. Plaintiff, like all other members of the class, paid CCC
and its owners Linda Basquez and
Raymond Basquez tuition based on Defendants false
representations to Plaintiff and to the public
through promotional materials, including, but not limited to,
CCCs website that:
(a) CCC is an state-certified provider of vocational
education;
(b) that CCC classes are taught only by state-certified
instructors;
(c) that 99% of [CCCs] students have found work in the
industry.
(d) that CCCs graduation certificate is SO HIGHLY REGARDED that
one-year
experience requirements are often waived by casinos!;
(e) that a Limited Supply of Scholarships and Grants are
available to pay 65% to
100% of [students] tuition;
(f) that CCCs courses take Up to 8 weeks to complete.
(g) that students may contact the Bureau for Private
Postsecondary and Vocational
Education with any problems or questions concerning CCC; and
(h) that the CCC Enrollment Agreement & Contract is a
legally binding instrument when
signed by the student and accepted by the School
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
17) As set forth in greater detail below, all of Defendants
above-listed statements about
CCC are false. Defendants made those statements as part of CCCs
transactions with Plaintiff and
other class members with the intent to result (and they did
result) in Plaintiff and other class members
paying tuition to Defendants.
18) As an unapproved school, Defendants were statutorily barred
from charging and
collecting tuition from Plaintiff and the class under any
circumstance. See Cal. Educ. Code 94886,
94943 & 94944.
19) Plaintiff and other members of the class would not have paid
tuition to Defendants if
Defendants had not mislead Plaintiff and other class members
with the foregoing false statements.
20) Accordingly, the factual bases of Defendants misconduct are
common to all members
of the class and represent a common practice of unlawful conduct
resulting in damages to all
members of the class.
21) There are numerous questions of fact common to Plaintiff and
the members of the
class, and those questions predominate over any questions that
may effect individual members of the
class. Common questions of fact include, inter alia, the
following:
(a) Whether, CCC has ever obtained approval to operate from the
California Bureau of
Private Postsecondary Education (the BPPE).
(b) Whether Defendants have falsely stated in promotional
materials, including, but not
limited to Defendants business cards, promotional flyers, CCCs
Certificate of
Completion, and CCCs Enrollment Agreement, that CCC is approved
to operate by
the California Bureau of Private Postsecondary and Vocational
Education (the
BPPVE).
(c) whether Defendants have falsely stated in promotional
materials including but not
limited to CCCs website that All instructors at Casino Career
Center are State
Certified;
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6
CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
(d) whether Defendants have falsely stated in promotional
materials, including, but not
limited to, CCCs website that 99% of [CCCs] students have found
work in the
industry;
(e) whether Defendants have falsely stated in promotional
materials, including, but not
limited to, CCCs website, that CCCs Certificate is SO HIGHLY
REGARDED that
one-year experience requirements are often waived by
casinos!;
(f) whether Defendants have falsely stated in promotional
materials, including, but not
limited to, CCCs website, that Scholarships and Grants are
available to pay 65% to
100% of your tuition. Limited supply. Call for an appointment
NOW!;
(g) whether Defendants have falsely advertised that CCC courses
take Up to 8 weeks to
complete.
(h) whether Defendants have falsely stated in CCCs Enrollment
Agreement & Contract
that, Any questions or problems concerning this school which
have not been
satisfactorily answered or resolved by the school, should be
directed to the Bureau for
Private Postsecondary & Vocational Education. 1027 Tenth
Street, Fourth Floor,
Sacramento, CA 95814, (915)445-3427;
(i) whether Defendants have failed to perform all of the acts
and disclosures required by
Education Code section 94902 prior to enrolling any student;
(j) whether Defendants have failed to include all of the
statements, and information
required by Education Code section 94911 in CCCs Enrollment
Agreement;
(k) whether Defendants have failed to make the disclosures and
fulfill the requirements of
Education Code sections 94910 and 94912 prior to having students
execute CCCs
Enrollment Agreement;
(l) whether CCCs Enrollment Agreement and Contract has stated
This agreement is a
legally binding instrument when signed by the student and
accepted by the School;
and
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
(m) whether Defendants have failed to include all of the
information required by
Education Code section 94913 on CCCs website.
22) There are numerous questions of law common to Plaintiff and
the members of the
class and those questions predominate over any questions that
may effect individual members of the
class. Common questions of law include, inter alia, the
following:
(a) Whether Defendants operation of CCC without any approval to
operate violated (and
violates) California Education Code sections 94886 & 94943;
and Business &
Professions Code section 17200;
(b) whether Defendants false statements that CCC is certified by
the Bureau of Private
Postsecondary and Vocational Education (the BPPVE) violates
Civil Code sections
1770(a)(2); (a)(3); and (a)(5); Education Code section
94897(l)(1); and Business &
Professions Code sections 17500 and 17200;
(c) whether Defendants false statement that, All instructors at
Casino Career Center are
State Certified violates Civil Code sections 1770(a)(2), (a)(3),
and (a)(5); and
Business & Professions Code sections 17500, and 17200;
(d) whether Defendants false statement that 99% of our students
have found work in the
industry violates Civil Code section 1770(a)(5); Education Code
sections 94897(b) &
(c); and Business & Professions Code sections 17500, and
17200;
(e) whether Defendants false statement that CCCs Certificate is
SO HIGHLY
REGARDED that one-year experience requirements are often waived
by casinos!
violates Civil Code section 1770(a)(5); and Business &
Professions Code sections
17500, and 17200;
(f) whether Defendants false statement that a Limited supply of
Scholarships and
Grants are available to pay 65% to 100% of [CCC students]
tuition violated Civil
Code section 1770(a)(13); and Business & Professions Code
sections 17500 and
17200;
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
(g) whether Defendants false advertisement in CCCs promotional
flyers that CCC
courses take Up to 8 weeks to complete violates Civil Code
section 1770(a)(7) and
(a)(9); and Business & Professions Code sections 17500 and
17200.
(h) whether Defendants false statement in CCCs Enrollment
Agreement that Any
questions or problems concerning this school which have not been
satisfactorily
answered or resolved by the school, should be directed to the
Bureau for Private
Postsecondary & Vocational Education. 1027 Tenth Street,
Fourth Floor, Sacramento,
CA 95814, (915)445-3427 violates Civil Code sections 1770(a)(2),
(a)(3), (a)(5), and
(a)(14); Education Code sections 94897(l)(1) & 94911(j)(1);
and Business &
Professions Code sections 17500 and 17200.
(i) whether Defendants operation of CCC without approval from
the BPPE in violation
of Education Code section 94886 renders CCCs Enrollment
Agreement illegal and
unenforceable;
(j) whether Defendants failures to perform all of the acts and
disclosures required by
Education Code sections 94902, 94910, 94911, and 94912 renders
CCCs Enrollment
Agreement illegal and unenforceable;
(k) whether Defendants false statement in CCCs Enrollment
Agreement that This
agreement is a legally binding instrument when signed by the
student and accepted by
the School violates Civil Code sections 1770(a)(14); and
Business & Professions
Code sections 17500 and 17200;
(l) whether Defendants failure to include statutorily-required
information on CCCs
website violates Education Code section 94913 and Business &
Professions Code
section 17200;
(m) whether Plaintiff and other class members are entitled to
restitution of all tuition paid
to Casino Career Center;
(n) whether Plaintiff and other class members are entitled to
compensatory damages;
(o) whether Plaintiff and other class members are entitled to
punitive damages; and
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
(p) Whether Defendants should be enjoined from further engaging
in the unlawful
conduct described herein.
23) Plaintiffs claims are typical of the claims of the other
members of the class. Plaintiff
and all the members of the class have sustained economic injury
arising out of Defendants course of
unlawful conduct as alleged herein.
24) Plaintiff will fairly and adequately represent and protect
the interests of the class.
Plaintiff has retained counsel with substantial experience
practicing in the state of California. Plaintiff
and her counsel are committed to vigorously prosecuting this
action on behalf of the class and have
the financial resources necessary to do so. Neither Plaintiff,
nor her counsel have any interest adverse
to those of the class.
25) A class action is superior to other available methods for
the fair and efficient
adjudication of this controversy since individual joinder of all
members of the class is impracticable.
Further, as the damages suffered by each individual member of
the class may be relatively small, the
expense and burden of individual litigation would make it
difficult or impossible for individual
members of the class to redress the wrongs done to them. The
cost to the court system of such
individual adjudication would be substantial. Individualized
litigation would also present the
potential for inconsistent or contradictory judgments and would
magnify the delay and expense to all
parties and the court system in multiple trials of identical
factual issues. By contrast, the conduct of
this action as a class action presents fewer management
difficulties, conserves the resources of the
parties and the court system, and protects the rights of each
class member.
SUMMARY OF RELEVANT FACTS
26) Plaintiff is informed and believes, and on that basis
alleges, that in or about March
2006, Defendants and DOES 1 through 20 knowingly conspired and
agreed among themselves to
unlawfully operate CCC without the required approval to operate
and in violation of the requirements
of the California Education Code as described in detail
below.
27) Defendants further knowingly conspired and agreed among
themselves to advertise
CCC as a state certified school and to lure customers to enroll
at CCC and pay Defendants tuition
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
based on numerous misrepresentations concerning CCCs approval to
operate; the qualifications of
CCCs instructors; the value that casino employers place on CCCs
graduation Certificates; the time
required to attain a CCC Certificate; and the job prospects for
Certificate-holding CCC graduates.
28) Defendants further knowingly conspired and agreed among
themselves to advertise
and use Defendant Raymond Basquezs status as a member and former
councilman of the Pechanga
Band of Luiseo Mission Indians to persuade customers to pay
Defendants tuition by telling current
and prospective students that Defendants could guarantee
employment at the Pechanga Resort and
Casino.
29) Defendants further conspired and agreed among themselves to
lure students to enroll
in CCC by falsely stating that a limited supply of scholarships
and grants were available to pay up to
100% of tuition. Defendants used that lie to create a sense of
urgency and induce prospective students
to hurriedly sign Defendants Enrollment Agreement for fear of
missing out on a substantial discount.
30) Defendants further conspired and agreed among themselves
that, in fact, CCC would
provide no scholarships or grants, but that, instead, Defendants
would simply offer discounts on a
student-by-student basis as part of negotiating tuitionmuch the
same as parties negotiate the sale of
a used car. In order to close the deal with a prospective
student, Defendants also told prospective
students that they probably would not need to take certain
courses listed in CCCs promotional flyers,
only to inform that student weeks or months after enrolling
that, in order to get hired at Pechanga, the
student would need those additional courses--which CCC would
provide for an additional fee. Thus,
once Defendants had a student on the hook, Defendants could
continue to charge that student for
tuition, and assorted gambling equipment such as cards and chips
until the student became wise and
refused any further payments to Defendants. At that point,
Defendants would simply issue CCCs
useless and fraudulent Certificate of Completion to such a
student and wish the student luck.
31) Pursuant to, and in furtherance of Defendants conspiracy,
Defendants engaged in the
acts set forth below.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
A. Defendants Operate CCC without Statutorily-Required Approval
to Operate.
32) The BPPVE was established by legislative enactment under the
Private Postsecondary
and Vocational Education Reform Act of 1989 (the 1989 Act).
33) The BPPVE ceased to exist on January 1, 2007 when the 1989
Act was allowed to
sunset pursuant to former Education Code section 94999.
34) The 1989 Act, at former Education Code section 94931(a),
barred any non-exempt
private postsecondary educational institution from offering
educational services or programs unless
the institution obtained approval to operate from the BPPVE.
35) Plaintiff is informed and believes that during the period
that the 1989 Act was in force,
CCC was fully subject to the 1989 Acts requirements and was not
exempt.
36) Plaintiff is informed and believes and on that basis
alleges, that some time prior to
2003, CCC obtained approval to operate from the BPPVE, however,
CCCs approval to operate
expired in 2003.
37) Effective January 1, 2009, the legislature enacted the
California Private Postsecondary
Education Act of 2009 (the 2009 Act) see Educ. Code 94800 et.
seq. The 2009 Act established
the BPPE to replace the defunct BPPVE and enumerated various
requirements for the lawful
operation of private postsecondary schools in California.
38) The 2009 Act, at Education Code section 94886, requires
that, subject to specific
exemptions, a person shall not open, conduct, or do business as
a private postsecondary educational
institution in this state without obtaining approval to operate
under this chapter.
39) Plaintiff is informed and believes, and on that basis
alleges, that from January 1, 2009
to the present, CCC has been fully subject to the 2009 Acts
requirements and has not been exempt
from the Act.
40) Accordingly, CCC has not had approval to operate since 2003,
notwithstanding that
for nine of those eleven years, the 1989 Act and the 2009 Act
required CCC to have such approval to
operate.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
B. Defendants Falsely Advertise That CCC Is Approved to
Operate.
41) Plaintiff is informed and believes, and on that basis
alleges that Defendants Linda
Basquez and Raymond Basquez (collectively the Basquez
Defendants) acquired ownership of CCC
in March 2006, three years after CCCs BPPVE approval to operate
had expired.
42) Accordingly, as set forth above, CCC has not had approval to
operate at any time that
the school has been under the Basquez Defendants control.
43) Nevertheless, Defendants have advertised CCC as a
BPPVE-licensed vocational
training institution.
44) The Basquez Defendants have a business card that they
provide to the public.
45) Plaintiff received one such business card from Linda Basquez
on or about May 1,
2014.
46) A true and correct copy of that Business card is attached as
Exhibit B to Plaintiffs
Civil Code section 1780(d) affidavit filed with this
Complaint.
47) The business card identifies the Basquez Defendants as the
owners of CCC and
includes the following text State Certified Vocational Training
Lic. #3303011.
48) Defendants also give prospective students who visit CCC a
flyer listing the classes
that CCC offers and the price for each class. That flyer states
prominently at the top, State Certified
Vocational Training Bureau for Private Postsecondary Vocational
Education BPPVE #3303011.
49) Defendants give Certificates of Completion to students who
graduate from CCC.
Upon her completion of courses at CCC, Plaintiff received such a
Certificate dated May 5, 2014
which was signed by Linda Basquez. The Certificate states
prominently at the top, Casino Career
Center, Inc. State Certified BPPVE#3303011.
50) In addition, notwithstanding that the BPPVE ceased to exist
in 2007, Defendants
include the following language in CCCs Enrollment Agreement: Any
questions or problems
concerning this school which have not been satisfactorily
answered or resolved by the school, should
be directed to the Bureau for Private Postsecondary &
Vocational Education. The Enrollment
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CLASS ACTION COMPLAINT
THE
LAW
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780
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Agreement then provides a useless contact address and phone
number. Defendants had Plaintiff
execute that Enrollment Agreement in November 2013.
C. Defendants Violate Numerous Sections of the California
Education Code.
51) The California Legislature enacted the 2009 Act with the
stated purpose of ensuring,
among other things, minimum educational quality standards,
meaningful student protections,
appropriate regulatory oversight, and the prevention of the
deception of the public that results from
conferring, and the use of, fraudulent or substandard degrees.
See Cal. Educ. Code 94801.
52) It is no wonder that CCC does not have approval to operate
because CCC falls grossly
short of meeting the Education Codes requirements for lawfully
operating a vocational school.
Defendants Violations of Education Code section 94897(b)
53) Education Code section 94897(b) provides that An institution
shall not do any of the
following: (b) Promise or guarantee employment, or otherwise
overstate the availability of jobs
upon graduation
54) Notwithstanding the requirements of Education Code section
94897(b), CCCs
website claims that 99% of our students have found work in the
industry and that You can find
exciting work in Indian Casinos, Cruise Ships, Las Vegas,
Foreign Countriesjust about anywhere.
(ellipsis in original).
55) The website also states, Our certificate SO HIGHLY REGARDED
that one-year
experience requirements are often waived by casinos!
56) The website also states that Casinos call us for students!
and provides a list of
nineteen local casino employment opportunities.
57) Additionally, Defendant Linda Basquez regularly tells
students and prospective
students that she can guarantee them employment at the Pechanga
Resort and Casino because her
husband, Defendant Raymond Basquez is a member of the Pechanga
Tribe and former member of the
Pechanga Tribal Council. The CCC website also touted the Basquez
Defendants employment and
membership history with the Pechanga Resort and Casino and the
Pechanga Band of Luiseo Mission
Indians as part of the Basquez Defendants biographical
information.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
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OF
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10
780
Sant
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lvd.
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A 9
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58) That biographical information was removed from the CCC
website after Defendants
received Plaintiffs Civil Code section 1782 Notice and Demand
Letter.
59) Contrary to Defendants public claims, CCCs Certificate of
Completion is not
recognized (much less HIGHLY REGARDED) by any casino employer.
Instead, hiring decisions
at casinos (including the Pechanga Resort and Casino) are made
on the basis of auditions, prior
dealing experience, drug testing and criminal background checks,
licensing, and the employers
particular needswithout regard to any certificate issued by CCC
or any other casino school. No one
can guarantee employment at any casino.
60) Defendants gross overstatement of the availability of jobs
for graduates with a CCC
Certificate of Completion violates Education Code section
94987(b).
Defendants Violations of Education Code section 94897(l)(1)
61) Under Education Code section 94897(l)(1) only an institution
that has been granted
approval to operate may indicate that the institution is
licensed or licensed to operate.
62) Education Code section 94897(l)(1) prohibits institutions
from stating or implying that
The institution or its educational programs are endorsed or
recommended by the state or the
bureau.
63) CCC has not been granted approval to operate. Nevertheless,
Defendants business
cards state State Certified Vocational Training Lic. #3303011;
Defendants promotional flyers for
CCC state State Certified Vocational Training Bureau for Private
Postsecondary Vocational
Education BPPVE #3303011; CCCs Certificate of Completion states
State Certified
BPPVE#3303011; and CCCs Enrollment Agreement falsely states that
students with complaints
may address them to the BPPVE.
64) Defendants false claim to be licensed by the state and the
Bureau violates Education
Code section 94987(l)(1).
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CLASS ACTION COMPLAINT
THE
LAW
OFF
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Sant
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lvd.
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A 9
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Defendants Violations of Education Code section 94911(j)
65) Under Education Code section 94911(j), an enrollment
agreement must include a
statement that students may file complaints with the BPPE, and
it must provide the BPPEs contact
information, and directions to the BPPEs website. See Cal. Educ.
Code 94911(j).
66) Defendants failure to include these required statements
regarding the BPPE in CCCs
Enrollment Agreement while, instead, providing useless and
out-of-date instructions and contact
information for the now-defunct BPPVE violates Education Code
section 94911(j).
Defendants Violations of Education Code section 94909
67) Education Code section 94909 requires that prior to
enrolling any student an
institution must provide the student with, among other things,
(a) a statement that the institution is
approved by the BPPE; (b) the contact information of the BPPE;
(c) it must advise the student that he
or she may file a complaint with the BPPE; (d) a notice if the
vocation for which the student is being
trained may require licensure and the list of eligibility
requirements for such licensure; (e)
information regarding the schools faculty and their
qualifications; and (f) a detailed description of
the schools cancellation, withdrawal, and refund policies
including that the student has the right to
cancel the enrollment agreement and obtain a refund of charges
through the first class session or the
seventh day after enrollment, whichever is later.
68) In violation of Education Code section 94909, Defendants did
not provide Plaintiff or
other members of the class with any of the foregoing. Indeed,
CCCs Enrollment Agreement even
requires students to initial a no refund policy in direct
violation of Education Code section
94909(a)(8)(B).
Defendants Violations of Education Code section 94910
69) Education Code section 94910 requires, among other things,
that prior to enrollment,
an institution shall provide a prospective student with a School
Performance Fact Sheet containing
completion rates, placement rates, license examination passage
rates, salary or wage information, and
other information. The Fact Sheet must include a statement that
the information therein is calculated
pursuant to state law and is filed with the BPPE.
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CLASS ACTION COMPLAINT
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OF
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. TW
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780
Sant
a M
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a B
lvd.
, Sui
te 4
01
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A 9
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70) In violation of Education Code section 94910, Defendants did
not provide Plaintiff or
members of the class with any School Performance Fact Sheet.
Defendants Violations of Education Code section 94911
71) Education Code section 94911 enumerates numerous specific
minimum requirements
for enrollment agreements, including, but not limited to, (a) a
list of the total charges a student is
required to pay in underlined capital letters; (b) a disclosure
with the clear and conspicuous caption
STUDENTS RIGHT TO CANCEL, with an explanation of the
institutions statutorily-required
refund policy; (c) a statement explaining that the institution
is required to provide the student with a
catalog and a School Performance Fact Sheet and to obtain the
students signature on relevant
portions of the School Performance Fact Sheet and a
certification for the Students signature stating
I have received the catalog, School Performance Fact Sheet, and
information regarding completion
rates, placement rates, license examination passage rates,
salary or wage information, and the most
recent three-year cohort default rate, if applicable, included
in the School Performance Fact sheet,
and have signed, initialed, and dated the information provided
in the School Performance Fact
Sheet; and (d) the enrollment agreement must also notify the
student of his or her right to complain
to the BPPE and must provide the BPPEs address and phone
number.
72) CCCs Enrollment Agreement meets none of the foregoing
requirements in violation
of Education Code section 94911.
Defendants Violations of Education Code section 94912
73) Education Code section 94912 requires that Prior to the
execution of an enrollment
agreement, the information required to be disclosed pursuant to
subdivisions (a) to (d), inclusive, of
section 94910 shall be signed and dated by the institution and
the student. Each of these items shall
also be initialed and dated by the student.
74) In violation of Education Code section 94912, Defendants had
Plaintiff and other
members of the class execute CCCs Enrollment Agreement without
Defendants fulfilling any of the
requirements of Education Code section 94912.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
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OF
AN
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EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
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ngel
es, C
A 9
0025
(3
10) 9
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Defendants Violation of Education Code section 94913
75) Education Code section 94913 requires that An institution
that maintains an Internet
Web site shall provide on that Web site all of the following:
(1) the school catalog. (2) A School
Performance Fact Sheet for each educational program offered by
the institution. (3) Student
brochures offered by the institution. (4) A link to the bureaus
Internet Web Site. (5) The institutions
most recent annual report submitted to the bureau.
76) In violation of Education Code section 94913, CCCs website
provides none of the
information required by that section.
Defendants Violation of Education Code section 94920
77) Education Code section 94920 provides in relevant part that
Institutions shall refund
100 percent of the amount paid for institutional charges, less a
reasonable deposit or application fee
not to exceed two hundred fifty dollars ($250), if notice of
cancellation is made through attendance at
the first class session, or the seventh day after enrollment,
whichever is later.
78) Under Education Code section 94922 a student may not waive
his or her rights under
Education Code section 94920.
79) CCCs Enrollment Agreement states, There are no refunds under
the discounted
rates and requires enrollees to initial that they understand the
no refund policy.
80) As set forth in greater detail below, Plaintiff requested to
withdraw from CCC and get
her money back on November 5 after starting classes the prior
day. In response, Linda Basquez
shouted at Plaintiff and told Plaintiff that Plaintiff had
signed a contract, and Basquez stated, Ill
give you something, but its not going to be much.
81) Plaintiff is informed and believes, and on that basis
alleges, that it is Defendants
policy to refuse all refund requests whether timely under
Education Code section 94920 or not.
82) Defendants no-refund policy violates Education Code section
94920.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
D. Defendants Make Numerous False and Unlawful Statements in
CCCs Promotional and
Student Materials.
83) Defendants maintain a website for CCC. The address of the
website is
www.school4dealers.net.
84) The website is registered to Defendant Linda Basquez.
85) Plaintiff is informed and believes, and on that basis
alleges, that CCCs website was
created in January 2010.
86) Plaintiff visited CCCs website which advertised that one can
Earn BIG MONEY in
AN EXCITING CASINO CAREER! On its jobs page, the CCC website
stated, Why train for a
casino career? Casinos are all over the world! Make Big Money!
Glamorous locations! You can find
exciting work in Indian Casinos, Cruise Ships, Las Vegas,
Foreign Countriesjust about anywhere!
(ellipsis in original).
87) At various pages, the website made the following (or
substantially identical) claims:
WHY ARE WE THE BEST?
99% of our students have found work in the industry.
The Casino Career Center Certificate means you are ready to
audition and go to
work!
Casino personnel audition RIGHT HERE AT CASINO CAREER
CENTER!
Our certificate SO HIGHLY REGARDED that one-year experience
requirements are
often waived by casinos!
Casinos call us for students!
NO OTHER SCHOOL IS EVEN CLOSE!
88) The website also stated, on every page, that Scholarships
and Grants are available to
pay 65% to 100% of your tuition. Limited Supply. Call for an
appointment NOW!
89) The website also stated that All instructors at Casino
Career Center are State
Certified and have many years of experience, especially with
local casinos.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
90) Defendants also provide prospective students who visit the
school with a promotional
flyer that states prominently at the top, State Certified
Vocational Training Bureau for Private
Postsecondary Vocational Education BPPVE #3303011.
91) The promotional flyer also states that CCC courses take Up
to 8 weeks to complete.
92) As set forth in greater detail below, all of the foregoing
statements identified at
paragraphs 87 through 91 above are false.
E. Plaintiff Enrolls at CCC Relying on Defendants Numerous
Misrepresentations.
93) In or about October, 2013 Plaintiff went to the CCCs website
and saw all of the
foregoing claims. The prospect of making good money casino
dealing, and the high rate of job
placement for CCC Certificate holders peaked Plaintiffs
interest.
94) Plaintiff called CCCs phone number and spoke with Defendant
Linda Basquez. Ms.
Basquez assured Plaintiff that, provided Plaintiff has no felony
convictions, Plaintiff was sure to be
hired at the Pechanga Resort and Casino. Ms. Basquez told
Plaintiff, that CCC was state-certified,
that CCC had the highest job placement rate of any casino
school, and that Plaintiff should not attend
competing schools because they are a rip off.
95) Ms. Basquez told Plaintiff that she was sure that she could
get Plaintiff a job at the
Pechanga Resort and Casino because Ms. Basquezs husband,
Defendant Raymond Basquez is a
member of the Pechanga Band and former member of the Pechanga
Tribal Council.
96) Ms. Basquez said that Plaintiff could expect to earn $5,000
a month as a table games
dealer at the Pechanga Resort and Casino.
97) Plaintiff then visited CCC on or about October 15, 2013.
98) During her visit, Ms. Basquez gave Plaintiff CCCs
promotional flyer which lists
CCCs available classes and their prices. The flyer lists three
different packages of courses,
Blackjack, Roulette, and Poker.
99) According to the flyer, the Blackjack Package of course
costs $3,000, the Roulette
Package of courses costs $2,200, and the Poker Package of
classes costs $3,000.
100) The flyer states that the classes will take Up to 8 weeks
to complete.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
101) Prominently at the top of the flyer are the words, State
Certified Vocational Training
Bureau for Private Postsecondary Vocational Education BPPVE
#3303011.
102) Ms. Basquez informed Plaintiff that registration for the
Blackjack Package would cost
Plaintiff $3,020, and that Plaintiff might not need the Roulette
Package.
103) Plaintiff explained that she could not afford to pay
$3,020, and Ms. Basquez said that
she would discount Plaintiffs tuition and registration by
$1,500.
104) On November 4, 2013, having been persuaded by Defendants
that she could find a
good job making $5,000 per month if she graduated from CCC, and
believing that she was getting a
significant discount for tuition, Plaintiff went to CCC to
enroll in CCCs Blackjack Package of
classes.
105) Plaintiff filled out and initialed CCCs Enrollment
Agreement and made a $740 down
payment on the $1,520 owed as tuition for the Blackjack
Package.
106) The Enrollment Agreement states There are no refunds under
the discounted rates.
107) After filling out and initialing the Enrollment Agreement,
Plaintiff started classes at
CCC.
108) On November 5, 2014, Plaintiff had second thoughts about
her decision to enroll at
CCC. Plaintiff told Ms. Basquez that she wanted to cancel her
enrollment, and that she wanted her
money back.
109) Ms. Basquez took Plaintiff outside and began shouting at
her, You think you can just
come in here and use me for free? There are no refunds. You
signed a contract.
110) When Plaintiff persisted with her cancellation and refund
request, Ms. Basquez told
Plaintiff, youre not going to get a full refund. Ill give you
something, but its not going to be
much.
111) Ms. Basquez then told Plaintiff that Plaintiff just had to
hang in there, that Plaintiff
was sure to be hired at the Pechanga Resort and Casino, and that
Plaintiff would make $5,000 a
month.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
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ngel
es, C
A 9
0025
(3
10) 9
09-7
138
112) Based on Ms. Basquezs assurances that Plaintiff would be
hired at the Pechanga
Resort and Casino, and further based on Ms. Basquezs insistence
that she would not refund Plaintiff
her entire tuition payment, Plaintiff returned to the
school.
113) On or about March 19, 2014, Linda Basquez told Plaintiff
that Pechanga would not
hire Plaintiff unless Plaintiff knew the games, Ultimate Texas
Holdem, and Roulette, and unless
Plaintiff knew how to pitch deal. Defendant Basquez told
Plaintiff that she could learn those games
and skills at CCC for an additional tuition of $1,100.
114) Plaintiff paid the entire $1,100 but never received any
instruction for either Roulette
or pitch dealing.
115) When Plaintiff complained in or about May 2014 to Defendant
Basquez about not
receiving Roulette and pitch dealing instruction, Defendant
Basquez told Plaintiff, you never paid.
116) Plaintiff insisted that she did pay, and Defendant Basquez
replied Prove it.
117) On May 5, 2014, Plaintiff received a Certificate of
Completion from CCC for the
Blackjack Package of courses.
118) Certificate in hand, Plaintiff sought, work at the Pechanga
Resort and Casino, Pauma
Casino, Oceans Eleven Casino, and Lake Elsinore Card Room. All
of those casinos are listed on
CCCs website as local employment opportunities on the same page
that the website claims that
casinos call CCC for students and that casinos HIGHLY REGARD the
CCC Certificate.
119) Pechanga Resort and Casino refused to hire Plaintiff
because Plaintiff was denied a
gaming license by the Pechanga Gaming Commission.
120) The general manager at Oceans Eleven casino flatly told
Plaintiff, We dont hire
students from Old Town.
121) CCC is located in Old Town Temecula.
122) When Plaintiff applied for work at Pauma Casino the hiring
manager told Plaintiff that
her CCC Certificate is useless, and that he did not even want to
see it.
123) When Plaintiff applied at Lake Elsinore Card Room, the
manager for dealers there told
Plaintiff that her CCC Certificate is useless and that CCC is a
scam.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
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OF
AN
DR
EW W
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IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
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te 4
01
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ngel
es, C
A 9
0025
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10) 9
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138
124) After two failed auditions, Lake Elsinore card room told
Plaintiff that they would hire
Plaintiff, but that they would have to train her first.
125) Plaintiff started her unpaid training at Lake Elsinore card
room on or about November
4, 2014one year after she had enrolled in CCC with Defendants
assurance that Plaintiff would be
certified-ready to audition and go to work in eight weeks.
126) On or about December 10, 2014, after Plaintiff had trained
for more than a month,
Lake Elsinore Card Room finally hired her as a table games
dealer.
127) Plaintiffs experience is typical of the class. Plaintiff
and the other members of the
class would never have enrolled at CCC and paid Defendants
tuition if Defendants had told them the
truth that CCC is not state certified or approved by the BPPE;
that CCCs BPPVE license expired or
was revoked eleven years ago; that CCC can not lawfully charge
and accept tuition from anyone; that
CCC employs teachers who are not state-certified; that CCCs
graduation certificate means nothing to
employers; that CCCs job placement rate is not, in fact, 99%;
and that no student will attain a CCC
Certificate in eight weeks--unless it is clear to Defendants
after eight weeks that they can not make
any more money from that student.
FIRST CAUSE OF ACTION FOR VIOLATION OF THE CALIFORNIA
CONSUMER
LEGAL REMEDIES ACT
(Cal. Civ. Code. 1750 Et. Seq.)
(against all Defendants)
128) Plaintiff incorporates by reference and re-alleges each and
every allegation contained
in paragraphs 1 through 127 above as though fully set forth
herein.
129) Civil Code section 1770(a) enumerates twenty-six unfair or
deceptive acts and
practices that, when undertaken in a transaction intended to
result or which results in the sale or
lease of goods or services to any consumer are unlawful.
130) Civil Code section 1760 provides, This title shall be
liberally construed and applied
to promote its underlying purposes, which are to protect
consumers against unfair and deceptive
business practices and to provide efficient and economical
procedures to secure such protection.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
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ngel
es, C
A 9
0025
(3
10) 9
09-7
138
131) Plaintiff and the members of the class are consumers as
that term is defined in Civil
Code section 1761(d), who purchased services from Defendants for
personal purposes.
132) Defendants have violated, and continue to violate, Civil
Code section 1770 through
the unfair and deceptive acts and practices alleged herein,
which were all undertaken by Defendants
in transactions that were intended to result, and which did
result, in the sale of services to consumers,
thereby entitling Plaintiff and each member of the class to
relief under Civil Code section 1780.
Defendants Violations of Civil Code section 1770(a)(2)
133) Civil Code section 1770(a)(2) makes it unlawful to
misrepresent the sponsorship,
approval, or certification of goods or services
134) Defendants have misrepresented the sponsorship, approval,
and certification of CCCs
services in violation of Civil Code section 1770(a)(2) by:
(a) Falsely claiming to be state-certified by prominently
displaying a defunct BPPVE
certification number on Defendants business cards, promotional
flyers, and
Certificates of Completion; and
(b) falsely stating on CCCs website that all CCC teachers are
state certified.
135) As set forth above, CCC is not in fact state certified.
136) Plaintiff is informed and believes that one or more of her
instructors at CCC were not
state certified. In fact, nine days after receiving Plaintiffs
Civil Code section 1782 Notice and
Demand letter, Defendants removed the false claim that all CCC
teachers are state certified from the
CCC website.
137) Defendants above-listed misrepresentations violated and
violate Civil Code section
1770(a)(2).
Defendants Violations of Civil Code section 1770(a)(3)
138) Civil Code section 1770(a)(3) makes it unlawful to
misrepresent the affiliation,
connection, or association with, or certification by,
another.
139) Accordingly, Defendants misconduct listed at paragraph 134
(a) and (b) above also
violated, and violates, Civil Code section 1770(a)(3).
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780
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es, C
A 9
0025
(3
10) 9
09-7
138
Defendants Violations of Civil Code section 1770(a)(5)
140) Civil Code section 1770(a)(5) makes it unlawful to
represent that services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, or quantities which they do not
have or that a person has a sponsorship, approval, status,
affiliation, or connection which he or she
does not have.
141) Accordingly, Defendants misconduct listed at paragraph
134(a) and (b) above also
violated, and violates, Civil Code section 1770(a)(5)
142) Additionally, Defendants have misrepresented that CCCs
services have
characteristics uses, or benefits which they do not have, by
inter alia:
(a) Falsely stating on CCCs website that 99% of our students
have found work in the
industry;
(b) falsely stating on CCCs website that Our Certificate SO
HIGHLY REGARDED that
one-year experience requirements are often waived by
casinos!;
(c) falsely stating that casinos call CCC for students;
(d) falsely stating the CCCs Certificate means that students are
ready to audition and go
to work; and
(e) falsely stating that CCCs courses take Up to 8 weeks to
complete.
143) Plaintiff is informed and believes, and on that basis
alleges that substantially fewer
than 99% of CCC students have found work in the industry.
144) Indeed, nine days after receiving Plaintiffs Civil Code
section 1782 Notice and
Demand Letter, Defendants removed their false claim that 99% of
[CCCs] students have found
work in the industry from CCCs website.
145) No casino employer has told Plaintiff that they give any
regard (much less HIGH
REGARD) to CCCs Certificate. On the contrary, prospective
employers have told Plaintiff that the
CCC Certificate is useless and that CCC is a scam.
146) Plaintiff is informed and believes, and on that basis
alleges, that casinos do not, in fact,
call CCC for students.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
147) Plaintiff, having failed multiple auditions after being
issued a CCC Certificate, and
having had to be retrained before she was hired by a casino,
further alleges that CCCs Certificate
does not, in fact, mean that a graduate is ready to audition and
go to work.
148) Plaintiff was not issued a CCC Certificate in eight weeks.
On the contrary, Plaintiff
did not receive a CCC Certificate until she had weekly attended
CCC from 9:30 to 4:00 p.m. Monday
through Thursday for six monthswhen she began complaining to Ms.
Basquez about not receiving
instruction in Roulette and pitch dealing.
149) Plaintiff is informed and believes, and on that basis
alleges, that CCC rarely, if ever,
gives its students a Certificate of Completion in only eight
weeks.
150) Defendants above-listed false statements violated and
violate Civil Code section
1770(a)(5).
Defendants Violations of Civil Code section 1770(a)(7)
151) Civil Code section 1770(a)(7) makes it unlawful to
represent that services are of a
particular standard, quality, or grade, if they are of
another.
152) Accordingly, Defendants misconduct listed at paragraph 142
(a) through (e) above
violated, and violates, Civil Code section 1770(a)(7).
Defendants Violations of Civil Code section 1770(a)(9)
153) Civil Code section 1770(a)(9) makes it unlawful to
advertise services with intent not
to sell them as advertised.
154) Plaintiff alleges that at all times relevant to this
Complaint, Defendants knew that
CCC had no approval to operate; that some or all CCC teachers
are not state-certified; that CCCs
Certificate is not highly regarded by casinos; that a CCC
certification has no value for graduates who
audition for casino jobs; that fewer than 99% of CCC graduates
are hired to work in the casino
industry; and that it takes more than eight weeks to get a CCC
Certificate of Completion.
155) Notwithstanding the foregoing knowledge, Defendants
advertised CCC as a state
certified school, and advertised that CCC provides a program of
classes taught only by state
certified instructors that leads to a certificate that is so
HIGHLY REGARDED by casinos that
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
99% of CCC graduates are hired, and that classes for a CCC
Certificate take Up to 8 weeks to
complete.
156) Accordingly, Defendants unfair and deceptive acts listed at
paragraph 134 (a) and (b);
and paragraph 142 (a) through (e) violated, and violate, Civil
Code section 1770(a)(9).
Defendants Violations of Civil Code section 1770(a)(13)
157) Civil Code section 1770(a)(13) makes it unlawful to make
false or misleading
statements of fact concerning reasons for, existence of, or
amounts of price reductions.
158) Until December 3, 2014 (after Defendants had received
Plaintiffs statutory 30-Day
Notice and Demand Letter) Defendants website made the following
(or a substantially identical
advertisement) on every page of its website: Scholarships and
Grants are available to pay 65% to
100% of your tuition. Limited supply. Call for an appointment
NOW!
159) Plaintiff is informed and believes that, in fact, there
have never been scholarships or
grants available for attendance at CCC and that no student ever
received a 100% tuition waiver, but
that, instead, Defendants negotiate and charge tuition
arbitrarily on a student-by-student basis.
160) Plaintiff is informed and believes that tuition at CCC can
vary from student to student
by thousands of dollars for the same classes purely based on
such negotiations.
161) Accordingly, there is not, in fact, a limited supply of (or
any) scholarships or
grants available to attend CCC, and Defendants false
advertisements to the contrary violated Civil
Code section 1770(a)(13).
Defendants Violations of Civil Code section 1770(a)(14)
162) Civil Code section 1770(a)(14) makes it unlawful to
represent that a transaction
confers or involves rights, remedies, or obligations which it
does not have or involve, or which are
prohibited by law.
163) As set forth in greater detail above, Defendants operation
of CCC is prohibited by the
Private Postsecondary Education Act of 2009 because CCC has not
been approved by the BPPE.
164) Accordingly, pursuant to Education Code section
94902(b)(2), CCCs Enrollment
Agreement is not enforceable.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
165) Accordingly, Defendants have violated Civil Code section
1770(a)(14) by falsely
stating in CCCs Enrollment Agreement that This agreement is a
legally binding instrument when
signed by the student and accepted by the School. Your signature
on this agreement acknowledges
that you have been given reasonable time to read and understand
it and understand the no refund
policy.
166) Defendants have also violated Civil Code section
1770(a)(14) by misrepresenting to
Plaintiff and other class members that their transaction with
CCC involved remedies that may be
invoked by contacting the BPPVE.
167) Specifically, Defendants Enrollment Agreement provides: Any
questions or
problems concerning this school which have not been
satisfactorily answered or resolved by the
school, should be directed to the Bureau for Private
Postsecondary & Vocational Education. 1027
Tenth Street, Fourth Floor, Sacramento, CA 95814,
(916)445-3427.
168) As set forth above, in fact, the Bureau for Private
Postsecondary & Vocational
Education ceased to exist on January 1, 2007 and the address and
phone number listed in the
Enrollment Agreement have not been operational since that
time.
169) By certified-mail letter mailed on November 22, 2014 as
directed in Civil Code
section 1782, Plaintiff, by counsel, notified Defendants of
their violations of the Consumer Legal
Remedies Act and demanded that Defendants provide a remedy that
rectifies their conduct. More
than thirty days have elapsed since Plaintiff mailed the
letter.
170) Defendants have failed to give an appropriate correction,
repair, replacement, or other
remedy, as set forth in Civil Code section 1782(b), for the
above-described violations of law.
171) Defendants violations of Civil Code section 1770 present a
continuing threat to class
members and the public in that Defendants are continuing to
engage in these practices, are continuing
to refuse to refund amounts paid by consumers and will not cease
until an injunction is issued by the
Court. Unless Defendants are enjoined from continuing to engage
in these practices, Plaintiff, the
members of the class, and the public will be irreparably
harmed.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
172) Pursuant to Civil Code section 1780(a)(1), Plaintiff and
each member of the class are
entitled to compensatory damages.
173) Pursuant to Civil Code section 1780(a)(3), Plaintiff and
each member of the class are
entitled to restitution of all tuition payments unlawfully
received by Defendants.
174) Defendants actions described above are despicable and have
been carried out with a
willful and conscious disregard of Plaintiffs, and the class
members rights. Defendants intentionally
misrepresented and concealed material facts in order to deprive
Plaintiff and the class members of
their property and their legal rights. Accordingly, Defendants
conduct warrants the imposition of
exemplary damages pursuant to Civil Code sections 1780(a)(4) and
3294 in an amount appropriate to
punish each Defendant and to deter others from engaging in
similar conduct.
175) Pursuant to Civil Code section 1780(a)(2), Defendants
should be enjoined from further
engaging in the unlawful practices alleged herein.
176) Plaintiffs and the class are entitled to an award of
attorneys fees and costs against
Defendants pursuant to the provisions of Civil Code section
1780(e) which provides that The court
shall award court costs and attorneys fees to a prevailing
plaintiff in litigation filed pursuant to this
section.
177) The unfair and deceptive acts and practices of Defendants
described above present a
continuing wrong and threat to Plaintiffs, the class, and the
members of the public in that Defendants
persist and continue to engage in one or more of those
practices, and will not cease doing so unless
and until forced to do so by this Court. Defendants conduct is
causing, and will continue to cause
irreparable injury unless enjoined or restrained.
SECOND CAUSE OF ACTION FOR UNFAIR COMPETITION
(Cal. Bus. & Prof. Code 17200 et. seq.)
(against all Defendants)
178) Plaintiff incorporates by reference and re-alleges each and
every allegation contained
in paragraphs 1 through 177 above as though fully set forth
herein.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
179) Business & Professions Code section 17200 et. seq.,
also known as the California
Unfair Competition Law, prohibits acts of unfair competition,
including any unlawful, unfair or
fraudulent business act or practice and unfair, deceptive,
untrue or misleading advertising and any act
prohibited by Chapter 1 (commencing with Section 17500) of Part
3 of Division 7 of the Business
and Professions Code.
180) Defendants violated the unlawful, unfair, and fraudulent
business practices prongs of
the UCL by operating CCC in violation of Education Code sections
94886, 94897(b), 94897(l)(1),
94909, 94910, 94911, 94912, 94913, 94920, 94943(a) and 94944 as
described in paragraphs 53
through 82 above.
181) Defendants further violated the unlawful, unfair, and
fraudulent business practices
prongs of the UCL by violating Civil Code sections 1770(a)(2),
1770(a)(3), 1770(a)(5), 1770(a)(7),
1770(a)(9), 1770(a)(13), and 1770(a)(14) as described in
paragraphs 133 through 168 above.
182) Defendants violated the deceptive, untrue, or misleading
advertising prongs of the
UCL, and engaged in acts prohibited by Business &
Professions Code section 17500 by inter alia:
falsely advertising that CCC is certified by the BPPVE; falsely
advertising that All instructors at
[CCC] are State Certified; falsely advertising that 99% of
[CCCs] students have found work in the
industry; falsely advertising that CCCs Certificate is highly
regarded by casinos; falsely advertising
that CCC has a limited supply of scholarships and grants to pay
65% to 100% of students tuition;
falsely stating that students may seek recourse from the BPPVE;
falsely telling students that they are
legally bound by CCCs unenforceable Enrollment Agreement;
falsely stating that Defendants can
guarantee employment at the Pechanga Resort and Casino; and
falsely stating that CCCs courses
take Up to 8 weeks to complete.
183) As a direct and proximate result of Defendants unlawful,
unfair, fraudulent, business
acts and Defendants unfair, deceptive, untrue and misleading
advertising, Plaintiff and the members
of the class were wrongfully induced to enroll in CCC and pay
Defendants tuition that Defendants
could not (and can not) lawfully charge or collect.
184) Accordingly, Plaintiff and the other members of the class
have suffered injury in fact.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
185) As a direct and proximate result of Defendants unlawful,
unfair, and deceptive
business practices, and Defendants unfair, deceptive, untrue and
misleading advertising, Defendants
have been unjustly enriched and should be ordered to make
restitution to Plaintiff and the members of
the class pursuant to Business & Professions Code sections
17203 and 17204.
186) The unlawful, unfair and fraudulent business practices of
Defendants described herein
present a continuing wrong and threat to Plaintiffs, the class,
and members of the public in that
Defendants persist and continue to engage in these practices,
and will not cease doing so unless and
until forced to do so by this Court. Defendants conduct is
causing, and will continue to cause
irreparable injury unless enjoined or restrained.
THIRD CAUSE OF ACTION FOR UNJUST ENRICHMENT
(against all Defendants)
187) Plaintiff incorporates by reference and re-alleges each and
every allegation contained
in paragraphs 1 through 186 above as though fully set forth
herein.
188) Under Education Code sections 94886 and 94902, Defendants
were (and are)
statutorily barred from charging or accepting tuition payments
from Plaintiff, or the members of the
class, or anyone, and Defendants are otherwise barred from
conducting business as an educational
institution in California because CCC has not obtained an
approval to operate from the BPPE.
189) Indeed, Defendants operation of CCC without the required
approval is an infraction
subject to Penal Code section 19.6 and 19.7, and punishable by a
fine of $50,000. See Educ. Code
94943, 94944. Stated otherwise, CCC is, quite literally, a
criminal enterprise.
190) Accordingly, Defendants have illegally and unlawfully
charged and collected tuition
payments from Plaintiff and each member of the class for
enrolling at CCC.
191) By receiving those tuition payments, Defendants were
enriched at the expense of
Plaintiff and the other members of the class.
192) The circumstances under which Defendants received
Plaintiffs and each class
members tuition payments were illegal, unlawful, and unjust and
require Defendants to pay
restitution to Plaintiff and each class member in the full
amount of each tuition payment.
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CLASS ACTION COMPLAINT
THE
LAW
OFF
ICE
OF
AN
DR
EW W
. TW
IETM
EYER
10
780
Sant
a M
onic
a B
lvd.
, Sui
te 4
01
Los A
ngel
es, C
A 9
0025
(3
10) 9
09-7
138
FOURTH CAUSE OF ACTION FOR MONEY HAD AND RECEIVED
(against all Defendants)
193) Plaintiff incorporates by reference and re-alleges each and
every allegation contained
in paragraphs 1 through 192 above as though fully set forth
herein.
194) Defendants received money in the form of tuition paid to
Defendants by Plaintiff and
each other member of the class which money was intended to be
used for the benefit of Plaintiff and
each class member.
195) CCCs Enrollment Agreements, pursuant to which Plaintiff and
each member of the
class paid tuition to Defendants, were all void for illegality
pursuant to Education Code sections
94886 and 94902(b) because CCC is not approved to operate.
196) Accordingly, Defendants are indebted to Plaintiff and each
member of the class in the
full amounts that Plaintiff and each member of the class paid
tuition to Defendants.
///
///
///
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1 PRAYER FOR RELIEF
2 WHEREFORE, Plaintiff on behalf of herself and the class, prays
for judgment against Defendants as 3 follows:
4 1. For certification of this action as a plaintiff class
action as set forth hereinabove;
5 2. For an order requiring Defendants to make restitution of
all revenues, earning, compensation,
6 and benefits obtained as a result of Defendants' wrongful
conduct;
7 3. For general, compensatory, special, and consequential
damages according to proof;
8 4. For punitive damages pursuant to California Civil Code
section l 780(a)(4) and Civil Code 9 section 3294 in an amount
sufficient to deter, punish and make an example of Defendants;
10 5. for mandatory attorney's fees and costs of suit pursuant
to California Civil Code section
11
12
14
15
1780(e); 6. For preliminary and permanent injunctive relief
prohibiting Defendants from engaging in the
wrongful practices alleged in this Complaint;
7. for pre-judgment and post-judgment interest according to
proof; and 8. for such other and further relief as the Court may
deem just.
17 DATED: December 23, 2014 THE LAW OFFICE OF ANDREW W.
TWIETMEYER 18
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CLASS ACTION COMPLAINT
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