Filing On Suit Against Raymond Basquez Sr. and Wife Linda Basquez

Andrew W.
Twictmeyer (SBN: 254436)

THE LAW OFFICE OF
ANDREW W. TWIETMEYER
2 I 0780 Santa Monica Blvd., Suite 40 I
Tel: (310) 909-7138
3 Fax: (323) 988-7171
email: awt@twietmeyerlaw.com
rF a IL Jg
SUPERIOR COURT OF CALIFORNIA
comm OF RIVERSIDE
DEC 24 2014
A. Sanche...:
5 Attorney for Plaintiff, VANESSA GUTIERREZ

and all others similarly situated
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF RIVERSIDE
UNLIMITED JURISDICTION
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CASINO CAREER CENTER, INC.; LINDA

BASQUEZ (an individual); RAYMOND
BASQUEZ
(an individual); and DOES 1-20
17
inclusive
18
20
21
) CLASS ACTION
)
)
)
vs.
16
Defendants.
RIC
)
) COMPLAINT FOR DAMAGES FOR:
Plaintiffs,
JS
19
1412598
)
)
)
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)
11---------------------------------------------~----~>
22
23
24
25
26
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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:
28
CLASS ACTION COMPLAINT
INTRODUCTION
2
3
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
5
6
2)
County of Riverside California.
7
8
3)
THE LAW OFFICE OF ANDREW W. TWIETMEYER

10780 Santa Monica Blvd., Suite 401
Los Angeles, CA 90025 (310) 909-7138
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.
11
12
Defendant, CCC is a business entity located at 28780 Front Street, Suite B-3
Temecula, California 92590.
9
10
Plaintiff Vanessa Gutierrez is an individual who resides in the City of Temecula in the
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.
13
6)
Plaintiff is informed and believes that there is such a unity of interest and ownership
14
between CCC and its owners, Defendants Linda and Raymond Basquez, that the separate
15
personalities of CCC and its owners do not truly exist, but that, instead, each of the Defendants
16
named herein, acted as the agent, joint venturer or alter ego of or for the other Defendants with
17
respect to the acts, violations, and common course of conduct alleged herein.
18
7)
Defendants organized and operated CCC in direct violation of California Education
19
Code sections 94886 and 94943(a) for the unlawful purpose of operating an illegal casino school and
20
illegally charging and receiving tuition payments from consumers who Defendants mislead by
21
numerous misrepresentations and falsehoods including, but not limited to, Defendants false
22
advertisement that CCC is a state certified school, and Defendants fraudulent advertisement and
23
use of a long defunct Bureau of Private Postsecondary and Vocational Education license number.
24
Treating the acts alleged herein as the acts of CCC alone would sanction Defendants fraud upon
25
Plaintiff, the members of the class, and the general public and promote illegal use of the corporate
26
form.
27
28
2
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.
7
8
9

Los Angeles, CA 90025 (310) 909-7138
10
11
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
12
doing business in the State of California and/or have sufficient minimum contacts with California so
13
as to render the exercise of general or specific jurisdiction by the California courts permissible under
14
traditional notions of fair play and substantial justice.
15
11)
Venue is proper in Riverside County as against Defendants pursuant to Sections 394
16
and 395 of the Code of Civil Procedure because one or more of the Defendants reside in this County.
17
Venue is also proper under Civil Code section 1780(d) because the transactions giving rise to this
18
Complaint all took place in Riverside County, California where CCC is located and where all
19
Defendants reside and do business.
20
21
CLASS ACTION ALLEGATIONS

12)
Plaintiff brings this action on her own behalf and on behalf of all persons similarly
22
situated. Such a representative action is necessary to prevent and remedy the deceptive, unlawful and
23
unfair practices alleged herein.
24
13)
This action is brought and may be properly maintained as a class action pursuant to the
25
provisions of Civil Code section 1781, Business and Professions Code section 17203, and Code of
26
Civil Procedure section 382. Plaintiff brings this action on behalf of herself and all members of the
27
class, defined as follows:
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3
1
2
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.

Los Angeles, CA 90025 (310) 909-7138
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
10
of the proposed class.
11
16)
There is a well-defined community of interest among the members of the proposed
12
class. Plaintiff, like all other members of the class, paid CCC and its owners Linda Basquez and
13
Raymond Basquez tuition based on Defendants false representations to Plaintiff and to the public
14
through promotional materials, including, but not limited to, CCCs website that:
15
(a) CCC is an state-certified provider of vocational education;
16
(b) that CCC classes are taught only by state-certified instructors;
17
(c) that 99% of [CCCs] students have found work in the industry.
18
(d) that CCCs graduation certificate is SO HIGHLY REGARDED that one-year
19
20
21
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;
22
(f) that CCCs courses take Up to 8 weeks to complete.
23
(g) that students may contact the Bureau for Private Postsecondary and Vocational
24
25
26
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
27
28
4
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.
8
9
10
Los Angeles, CA 90025 (310) 909-7138
17)
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
11
of the class and represent a common practice of unlawful conduct resulting in damages to all
12
members of the class.
13
21)
There are numerous questions of fact common to Plaintiff and the members of the
14
class, and those questions predominate over any questions that may effect individual members of the
15
class. Common questions of fact include, inter alia, the following:
16
17
(a) Whether, CCC has ever obtained approval to operate from the California Bureau of
Private Postsecondary Education (the BPPE).
18
(b) Whether Defendants have falsely stated in promotional materials, including, but not
19
limited to Defendants business cards, promotional flyers, CCCs Certificate of
20
Completion, and CCCs Enrollment Agreement, that CCC is approved to operate by
21
the California Bureau of Private Postsecondary and Vocational Education (the
22
BPPVE).
23
(c) whether Defendants have falsely stated in promotional materials including but not
24
limited to CCCs website that All instructors at Casino Career Center are State
25
Certified;
26
27
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5
1
2
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!;
10
Los Angeles, CA 90025 (310) 909-7138
(d) whether Defendants have falsely stated in promotional materials, including, but not
11
12
(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
13
that, Any questions or problems concerning this school which have not been
14
satisfactorily answered or resolved by the school, should be directed to the Bureau for
15
Private Postsecondary & Vocational Education. 1027 Tenth Street, Fourth Floor,
16
Sacramento, CA 95814, (915)445-3427;
17
18
(i) whether Defendants have failed to perform all of the acts and disclosures required by
Education Code section 94902 prior to enrolling any student;
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(j) whether Defendants have failed to include all of the statements, and information
20
required by Education Code section 94911 in CCCs Enrollment Agreement;
21
(k) whether Defendants have failed to make the disclosures and fulfill the requirements of
22
Education Code sections 94910 and 94912 prior to having students execute CCCs
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Enrollment Agreement;
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(l) whether CCCs Enrollment Agreement and Contract has stated This agreement is a
25
legally binding instrument when signed by the student and accepted by the School;
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and
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6
(m) whether Defendants have failed to include all of the information required by
2
3
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:

Los Angeles, CA 90025 (310) 909-7138
Education Code section 94913 on CCCs website.
(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
10
Postsecondary and Vocational Education (the BPPVE) violates Civil Code sections
11
1770(a)(2); (a)(3); and (a)(5); Education Code section 94897(l)(1); and Business &
12
Professions Code sections 17500 and 17200;
13
(c) whether Defendants false statement that, All instructors at Casino Career Center are
14
State Certified violates Civil Code sections 1770(a)(2), (a)(3), and (a)(5); and
15
Business & Professions Code sections 17500, and 17200;
16
(d) whether Defendants false statement that 99% of our students have found work in the
17
industry violates Civil Code section 1770(a)(5); Education Code sections 94897(b) &
18
(c); and Business & Professions Code sections 17500, and 17200;
19
(e) whether Defendants false statement that CCCs Certificate is SO HIGHLY
20
REGARDED that one-year experience requirements are often waived by casinos!
21
violates Civil Code section 1770(a)(5); and Business & Professions Code sections
22
17500, and 17200;
23
(f) whether Defendants false statement that a Limited supply of Scholarships and
24
Grants are available to pay 65% to 100% of [CCC students] tuition violated Civil
25
Code section 1770(a)(13); and Business & Professions Code sections 17500 and
26
17200;
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1
2
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 &
10
Los Angeles, CA 90025 (310) 909-7138
(g) whether Defendants false advertisement in CCCs promotional flyers that CCC
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Professions Code sections 17500 and 17200.

(i) whether Defendants operation of CCC without approval from the BPPE in violation
12
of Education Code section 94886 renders CCCs Enrollment Agreement illegal and
13
unenforceable;
14
(j) whether Defendants failures to perform all of the acts and disclosures required by
15
Education Code sections 94902, 94910, 94911, and 94912 renders CCCs Enrollment
16
Agreement illegal and unenforceable;
17
(k) whether Defendants false statement in CCCs Enrollment Agreement that This
18
agreement is a legally binding instrument when signed by the student and accepted by
19
the School violates Civil Code sections 1770(a)(14); and Business & Professions
20
Code sections 17500 and 17200;
21
(l) whether Defendants failure to include statutorily-required information on CCCs
22
website violates Education Code section 94913 and Business & Professions Code
23
section 17200;
24
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(m) whether Plaintiff and other class members are entitled to restitution of all tuition paid
to Casino Career Center;
26
(n) whether Plaintiff and other class members are entitled to compensatory damages;
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(o) whether Plaintiff and other class members are entitled to punitive damages; and
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8
(p) Whether Defendants should be enjoined from further engaging in the unlawful
2
3
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.

Los Angeles, CA 90025 (310) 909-7138
conduct described 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
10
to those of the class.
11
25)
A class action is superior to other available methods for the fair and efficient
12
adjudication of this controversy since individual joinder of all members of the class is impracticable.
13
Further, as the damages suffered by each individual member of the class may be relatively small, the
14
expense and burden of individual litigation would make it difficult or impossible for individual
15
members of the class to redress the wrongs done to them. The cost to the court system of such
16
individual adjudication would be substantial. Individualized litigation would also present the
17
potential for inconsistent or contradictory judgments and would magnify the delay and expense to all
18
parties and the court system in multiple trials of identical factual issues. By contrast, the conduct of
19
this action as a class action presents fewer management difficulties, conserves the resources of the
20
parties and the court system, and protects the rights of each class member.
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22
SUMMARY OF RELEVANT FACTS

26)
Plaintiff is informed and believes, and on that basis alleges, that in or about March
23
2006, Defendants and DOES 1 through 20 knowingly conspired and agreed among themselves to
24
unlawfully operate CCC without the required approval to operate and in violation of the requirements
25
of the California Education Code as described in detail below.
26
27
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
28
9
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.
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.

Los Angeles, CA 90025 (310) 909-7138
28)
29)
Defendants further conspired and agreed among themselves to lure students to enroll
10
in CCC by falsely stating that a limited supply of scholarships and grants were available to pay up to
11
100% of tuition. Defendants used that lie to create a sense of urgency and induce prospective students
12
to hurriedly sign Defendants Enrollment Agreement for fear of missing out on a substantial discount.
13
30)
Defendants further conspired and agreed among themselves that, in fact, CCC would
14
provide no scholarships or grants, but that, instead, Defendants would simply offer discounts on a
15
student-by-student basis as part of negotiating tuitionmuch the same as parties negotiate the sale of
16
a used car. In order to close the deal with a prospective student, Defendants also told prospective
17
students that they probably would not need to take certain courses listed in CCCs promotional flyers,
18
only to inform that student weeks or months after enrolling that, in order to get hired at Pechanga, the
19
student would need those additional courses--which CCC would provide for an additional fee. Thus,
20
once Defendants had a student on the hook, Defendants could continue to charge that student for
21
tuition, and assorted gambling equipment such as cards and chips until the student became wise and
22
refused any further payments to Defendants. At that point, Defendants would simply issue CCCs
23
useless and fraudulent Certificate of Completion to such a student and wish the student luck.
24
31)
25
acts set forth below.
Pursuant to, and in furtherance of Defendants conspiracy, Defendants engaged in the
26
27
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10
A. Defendants Operate CCC without Statutorily-Required Approval to Operate.
2
3
32)
and Vocational Education Reform Act of 1989 (the 1989 Act).
4
5
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.
9
10
Los Angeles, CA 90025 (310) 909-7138
The BPPVE was established by legislative enactment under the Private Postsecondary
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.
11
36)
Plaintiff is informed and believes and on that basis alleges, that some time prior to
12
2003, CCC obtained approval to operate from the BPPVE, however, CCCs approval to operate
13
expired in 2003.
14
37)
Effective January 1, 2009, the legislature enacted the California Private Postsecondary
15
Education Act of 2009 (the 2009 Act) see Educ. Code 94800 et. seq. The 2009 Act established
16
the BPPE to replace the defunct BPPVE and enumerated various requirements for the lawful
17
operation of private postsecondary schools in California.
18
38)
The 2009 Act, at Education Code section 94886, requires that, subject to specific
19
exemptions, a person shall not open, conduct, or do business as a private postsecondary educational
20
institution in this state without obtaining approval to operate under this chapter.
21
39)
Plaintiff is informed and believes, and on that basis alleges, that from January 1, 2009
22
to the present, CCC has been fully subject to the 2009 Acts requirements and has not been exempt
23
from the Act.
24
40)
Accordingly, CCC has not had approval to operate since 2003, notwithstanding that
25
for nine of those eleven years, the 1989 Act and the 2009 Act required CCC to have such approval to
26
operate.
27
28
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B. Defendants Falsely Advertise That CCC Is Approved to Operate.
41)
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.
5
6

Los Angeles, CA 90025 (310) 909-7138
Plaintiff is informed and believes, and on that basis alleges that Defendants Linda
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)
training institution.
44)
The Basquez Defendants have a business card that they provide to the public.
10
45)
Plaintiff received one such business card from Linda Basquez on or about May 1,
46)
A true and correct copy of that Business card is attached as Exhibit B to Plaintiffs
11
12
13
14
15
16
Nevertheless, Defendants have advertised CCC as a BPPVE-licensed vocational
2014.
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
17
that CCC offers and the price for each class. That flyer states prominently at the top, State Certified
18
Vocational Training Bureau for Private Postsecondary Vocational Education BPPVE #3303011.
19
49)
Defendants give Certificates of Completion to students who graduate from CCC.
20
Upon her completion of courses at CCC, Plaintiff received such a Certificate dated May 5, 2014
21
which was signed by Linda Basquez. The Certificate states prominently at the top, Casino Career
22
Center, Inc. State Certified BPPVE#3303011.
23
50)
In addition, notwithstanding that the BPPVE ceased to exist in 2007, Defendants
24
include the following language in CCCs Enrollment Agreement: Any questions or problems
25
concerning this school which have not been satisfactorily answered or resolved by the school, should
26
be directed to the Bureau for Private Postsecondary & Vocational Education. The Enrollment
27
28
12
Agreement then provides a useless contact address and phone number. Defendants had Plaintiff
execute that Enrollment Agreement in November 2013.
3
4
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.
8
9
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.

Los Angeles, CA 90025 (310) 909-7138
10
11
Defendants Violations of Education Code section 94897(b)

53)
Education Code section 94897(b) provides that An institution shall not do any of the
12
following: (b) Promise or guarantee employment, or otherwise overstate the availability of jobs
13
upon graduation
14
54)
Notwithstanding the requirements of Education Code section 94897(b), CCCs
15
website claims that 99% of our students have found work in the industry and that You can find
16
exciting work in Indian Casinos, Cruise Ships, Las Vegas, Foreign Countriesjust about anywhere.
17
(ellipsis in original).
18
55)
19
20
21
22
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
23
students that she can guarantee them employment at the Pechanga Resort and Casino because her
24
husband, Defendant Raymond Basquez is a member of the Pechanga Tribe and former member of the
25
Pechanga Tribal Council. The CCC website also touted the Basquez Defendants employment and
26
membership history with the Pechanga Resort and Casino and the Pechanga Band of Luiseo Mission
27
Indians as part of the Basquez Defendants biographical information.
28
13
1
2
3
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.
9
10
Los Angeles, CA 90025 (310) 909-7138
58)
60)
Certificate of Completion violates Education Code section 94987(b).
11
12
13
14
Defendants gross overstatement of the availability of jobs for graduates with a CCC
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
15
The institution or its educational programs are endorsed or recommended by the state or the
16
bureau.
17
63)
CCC has not been granted approval to operate. Nevertheless, Defendants business
18
cards state State Certified Vocational Training Lic. #3303011; Defendants promotional flyers for
19
CCC state State Certified Vocational Training Bureau for Private Postsecondary Vocational
20
Education BPPVE #3303011; CCCs Certificate of Completion states State Certified
21
BPPVE#3303011; and CCCs Enrollment Agreement falsely states that students with complaints
22
may address them to the BPPVE.
23
24
64)
Defendants false claim to be licensed by the state and the Bureau violates Education
Code section 94987(l)(1).
25
26
27
28
14
1
2
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).

Los Angeles, CA 90025 (310) 909-7138
Defendants Violations of Education Code section 94909

67)
Education Code section 94909 requires that prior to enrolling any student an
10
institution must provide the student with, among other things, (a) a statement that the institution is
11
approved by the BPPE; (b) the contact information of the BPPE; (c) it must advise the student that he
12
or she may file a complaint with the BPPE; (d) a notice if the vocation for which the student is being
13
trained may require licensure and the list of eligibility requirements for such licensure; (e)
14
information regarding the schools faculty and their qualifications; and (f) a detailed description of
15
the schools cancellation, withdrawal, and refund policies including that the student has the right to
16
cancel the enrollment agreement and obtain a refund of charges through the first class session or the
17
seventh day after enrollment, whichever is later.
18
68)
In violation of Education Code section 94909, Defendants did not provide Plaintiff or
19
other members of the class with any of the foregoing. Indeed, CCCs Enrollment Agreement even
20
requires students to initial a no refund policy in direct violation of Education Code section
21
94909(a)(8)(B).
22
23

69)
Education Code section 94910 requires, among other things, that prior to enrollment,
24
an institution shall provide a prospective student with a School Performance Fact Sheet containing
25
completion rates, placement rates, license examination passage rates, salary or wage information, and
26
other information. The Fact Sheet must include a statement that the information therein is calculated
27
pursuant to state law and is filed with the BPPE.
28
15
1
2
70)
members of the class with any School Performance Fact Sheet.

Los Angeles, CA 90025 (310) 909-7138
In violation of Education Code section 94910, Defendants did not provide Plaintiff or

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
10
portions of the School Performance Fact Sheet and a certification for the Students signature stating
11
I have received the catalog, School Performance Fact Sheet, and information regarding completion
12
rates, placement rates, license examination passage rates, salary or wage information, and the most
13
recent three-year cohort default rate, if applicable, included in the School Performance Fact sheet,
14
and have signed, initialed, and dated the information provided in the School Performance Fact
15
Sheet; and (d) the enrollment agreement must also notify the student of his or her right to complain
16
to the BPPE and must provide the BPPEs address and phone number.
17
18
72)
of Education Code section 94911.
19
20
CCCs Enrollment Agreement meets none of the foregoing requirements in violation

73)
Education Code section 94912 requires that Prior to the execution of an enrollment
21
agreement, the information required to be disclosed pursuant to subdivisions (a) to (d), inclusive, of
22
section 94910 shall be signed and dated by the institution and the student. Each of these items shall
23
also be initialed and dated by the student.
24
74)
In violation of Education Code section 94912, Defendants had Plaintiff and other
25
members of the class execute CCCs Enrollment Agreement without Defendants fulfilling any of the
26
requirements of Education Code section 94912.
27
28
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1
2
Defendants Violation of Education Code section 94913

75)
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.
7
8
76)
10
In violation of Education Code section 94913, CCCs website provides none of the
information required by that section.

Los Angeles, CA 90025 (310) 909-7138
Education Code section 94913 requires that An institution that maintains an Internet
Defendants Violation of Education Code section 94920

77)
Education Code section 94920 provides in relevant part that Institutions shall refund
11
100 percent of the amount paid for institutional charges, less a reasonable deposit or application fee
12
not to exceed two hundred fifty dollars ($250), if notice of cancellation is made through attendance at
13
the first class session, or the seventh day after enrollment, whichever is later.
14
15
16
17
18
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
19
her money back on November 5 after starting classes the prior day. In response, Linda Basquez
20
shouted at Plaintiff and told Plaintiff that Plaintiff had signed a contract, and Basquez stated, Ill
21
give you something, but its not going to be much.
22
23
24
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.
25
26
27
28
17
1
2
3
4
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
7
8
9

Los Angeles, CA 90025 (310) 909-7138
D. Defendants Make Numerous False and Unlawful Statements in CCCs Promotional and
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
10
casino career? Casinos are all over the world! Make Big Money! Glamorous locations! You can find
11
exciting work in Indian Casinos, Cruise Ships, Las Vegas, Foreign Countriesjust about anywhere!
12
(ellipsis in original).
13
87)
14
WHY ARE WE THE BEST?
At various pages, the website made the following (or substantially identical) claims:
15
99% of our students have found work in the industry.
16
The Casino Career Center Certificate means you are ready to audition and go to
17
work!
18
Casino personnel audition RIGHT HERE AT CASINO CAREER CENTER!
19
Our certificate SO HIGHLY REGARDED that one-year experience requirements are
20
often waived by casinos!
21
Casinos call us for students!
22
NO OTHER SCHOOL IS EVEN CLOSE!
23
24
25
26
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.
27
28
18
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
6
7
8
9
10
Los Angeles, CA 90025 (310) 909-7138
90)
11
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.
12
Basquez assured Plaintiff that, provided Plaintiff has no felony convictions, Plaintiff was sure to be
13
hired at the Pechanga Resort and Casino. Ms. Basquez told Plaintiff, that CCC was state-certified,
14
that CCC had the highest job placement rate of any casino school, and that Plaintiff should not attend
15
competing schools because they are a rip off.
16
95)
Ms. Basquez told Plaintiff that she was sure that she could get Plaintiff a job at the
17
Pechanga Resort and Casino because Ms. Basquezs husband, Defendant Raymond Basquez is a
18
member of the Pechanga Band and former member of the Pechanga Tribal Council.
19
20
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.
21
97)
Plaintiff then visited CCC on or about October 15, 2013.
22
98)
During her visit, Ms. Basquez gave Plaintiff CCCs promotional flyer which lists
23
CCCs available classes and their prices. The flyer lists three different packages of courses,
24
Blackjack, Roulette, and Poker.
25
26
27
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.
28
19
1
2
101) Prominently at the top of the flyer are the words, State Certified Vocational Training
Bureau for Private Postsecondary Vocational Education BPPVE #3303011.
3
4
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.
5
6
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.
7
8
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
10
Los Angeles, CA 90025 (310) 909-7138
104) On November 4, 2013, having been persuaded by Defendants that she could find a
classes.
11
12
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.
13
106) The Enrollment Agreement states There are no refunds under the discounted rates.
14
107) After filling out and initialing the Enrollment Agreement, Plaintiff started classes at
15
CCC.
16
108) On November 5, 2014, Plaintiff had second thoughts about her decision to enroll at
17
CCC. Plaintiff told Ms. Basquez that she wanted to cancel her enrollment, and that she wanted her
18
money back.
19
20
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.
21
110) When Plaintiff persisted with her cancellation and refund request, Ms. Basquez told
22
Plaintiff, youre not going to get a full refund. Ill give you something, but its not going to be
23
much.
24
111) Ms. Basquez then told Plaintiff that Plaintiff just had to hang in there, that Plaintiff
25
was sure to be hired at the Pechanga Resort and Casino, and that Plaintiff would make $5,000 a
26
month.
27
28
20
1
2
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.
8
9
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Los Angeles, CA 90025 (310) 909-7138
112) Based on Ms. Basquezs assurances that Plaintiff would be hired at the Pechanga
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
11
receiving Roulette and pitch dealing instruction, Defendant Basquez told Plaintiff, you never paid.
12
116) Plaintiff insisted that she did pay, and Defendant Basquez replied Prove it.
13
117) On May 5, 2014, Plaintiff received a Certificate of Completion from CCC for the
14
15
Blackjack Package of courses.

118) Certificate in hand, Plaintiff sought, work at the Pechanga Resort and Casino, Pauma
16
Casino, Oceans Eleven Casino, and Lake Elsinore Card Room. All of those casinos are listed on
17
CCCs website as local employment opportunities on the same page that the website claims that
18
casinos call CCC for students and that casinos HIGHLY REGARD the CCC Certificate.
19
20
21
22
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.
23
121) CCC is located in Old Town Temecula.
24
122) When Plaintiff applied for work at Pauma Casino the hiring manager told Plaintiff that
25
26
27
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.
28
21
1
2
3
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.
6
7
8

Los Angeles, CA 90025 (310) 909-7138
124) After two failed auditions, Lake Elsinore card room told Plaintiff that they would hire
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
10
truth that CCC is not state certified or approved by the BPPE; that CCCs BPPVE license expired or
11
was revoked eleven years ago; that CCC can not lawfully charge and accept tuition from anyone; that
12
CCC employs teachers who are not state-certified; that CCCs graduation certificate means nothing to
13
employers; that CCCs job placement rate is not, in fact, 99%; and that no student will attain a CCC
14
Certificate in eight weeks--unless it is clear to Defendants after eight weeks that they can not make
15
any more money from that student.
16
FIRST CAUSE OF ACTION FOR VIOLATION OF THE CALIFORNIA CONSUMER
17
LEGAL REMEDIES ACT
18
(Cal. Civ. Code. 1750 Et. Seq.)
19
(against all Defendants)
20
21
22
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
23
practices that, when undertaken in a transaction intended to result or which results in the sale or
24
lease of goods or services to any consumer are unlawful.
25
130) Civil Code section 1760 provides, This title shall be liberally construed and applied
26
to promote its underlying purposes, which are to protect consumers against unfair and deceptive
27
business practices and to provide efficient and economical procedures to secure such protection.
28
22
1
2
3
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.
7
8
9

Los Angeles, CA 90025 (310) 909-7138
10
11
12
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
13
certification number on Defendants business cards, promotional flyers, and
14
Certificates of Completion; and
15
(b) falsely stating on CCCs website that all CCC teachers are state certified.
16
135) As set forth above, CCC is not in fact state certified.
17
136) Plaintiff is informed and believes that one or more of her instructors at CCC were not
18
state certified. In fact, nine days after receiving Plaintiffs Civil Code section 1782 Notice and
19
Demand letter, Defendants removed the false claim that all CCC teachers are state certified from the
20
CCC website.
21
22
23
24
25
26
27
137) Defendants above-listed misrepresentations violated and violate Civil Code section
1770(a)(2).
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).
28
23
1
2
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.
6
7
8
9
10
Los Angeles, CA 90025 (310) 909-7138
11
12
13
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!;
14
(c) falsely stating that casinos call CCC for students;
15
(d) falsely stating the CCCs Certificate means that students are ready to audition and go
16
17
18
19
20
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
21
Demand Letter, Defendants removed their false claim that 99% of [CCCs] students have found
22
work in the industry from CCCs website.
23
145) No casino employer has told Plaintiff that they give any regard (much less HIGH
24
REGARD) to CCCs Certificate. On the contrary, prospective employers have told Plaintiff that the
25
CCC Certificate is useless and that CCC is a scam.
26
27
146) Plaintiff is informed and believes, and on that basis alleges, that casinos do not, in fact,
call CCC for students.
28
24
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.
4
5
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.
8
9
10
Los Angeles, CA 90025 (310) 909-7138
148) Plaintiff was not issued a CCC Certificate in eight weeks. On the contrary, Plaintiff
11
12
13
14
15
16
17
18
19
20
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).
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).
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
21
CCC had no approval to operate; that some or all CCC teachers are not state-certified; that CCCs
22
Certificate is not highly regarded by casinos; that a CCC certification has no value for graduates who
23
audition for casino jobs; that fewer than 99% of CCC graduates are hired to work in the casino
24
industry; and that it takes more than eight weeks to get a CCC Certificate of Completion.
25
155) Notwithstanding the foregoing knowledge, Defendants advertised CCC as a state
26
certified school, and advertised that CCC provides a program of classes taught only by state
27
certified instructors that leads to a certificate that is so HIGHLY REGARDED by casinos that
28
25
99% of CCC graduates are hired, and that classes for a CCC Certificate take Up to 8 weeks to
complete.
3
4
and paragraph 142 (a) through (e) violated, and violate, Civil Code section 1770(a)(9).
157) Civil Code section 1770(a)(13) makes it unlawful to make false or misleading
7
8
9

Los Angeles, CA 90025 (310) 909-7138
156) Accordingly, Defendants unfair and deceptive acts listed at paragraph 134 (a) and (b);
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
10
advertisement) on every page of its website: Scholarships and Grants are available to pay 65% to
11
100% of your tuition. Limited supply. Call for an appointment NOW!
12
159) Plaintiff is informed and believes that, in fact, there have never been scholarships or
13
grants available for attendance at CCC and that no student ever received a 100% tuition waiver, but
14
that, instead, Defendants negotiate and charge tuition arbitrarily on a student-by-student basis.
15
16
17
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
18
grants available to attend CCC, and Defendants false advertisements to the contrary violated Civil
19
Code section 1770(a)(13).
20
21

162) Civil Code section 1770(a)(14) makes it unlawful to represent that a transaction
22
confers or involves rights, remedies, or obligations which it does not have or involve, or which are
23
prohibited by law.
24
163) As set forth in greater detail above, Defendants operation of CCC is prohibited by the
25
Private Postsecondary Education Act of 2009 because CCC has not been approved by the BPPE.
26
164) Accordingly, pursuant to Education Code section 94902(b)(2), CCCs Enrollment
27
Agreement is not enforceable.
28
26
1
2
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.

Los Angeles, CA 90025 (310) 909-7138
165) Accordingly, Defendants have violated Civil Code section 1770(a)(14) by falsely
167) Specifically, Defendants Enrollment Agreement provides: Any questions or
10
problems concerning this school which have not been satisfactorily answered or resolved by the
11
school, should be directed to the Bureau for Private Postsecondary & Vocational Education. 1027
12
Tenth Street, Fourth Floor, Sacramento, CA 95814, (916)445-3427.
13
168) As set forth above, in fact, the Bureau for Private Postsecondary & Vocational
14
Education ceased to exist on January 1, 2007 and the address and phone number listed in the
15
Enrollment Agreement have not been operational since that time.
16
169) By certified-mail letter mailed on November 22, 2014 as directed in Civil Code
17
section 1782, Plaintiff, by counsel, notified Defendants of their violations of the Consumer Legal
18
Remedies Act and demanded that Defendants provide a remedy that rectifies their conduct. More
19
than thirty days have elapsed since Plaintiff mailed the letter.
20
21
22
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
23
members and the public in that Defendants are continuing to engage in these practices, are continuing
24
to refuse to refund amounts paid by consumers and will not cease until an injunction is issued by the
25
Court. Unless Defendants are enjoined from continuing to engage in these practices, Plaintiff, the
26
members of the class, and the public will be irreparably harmed.
27
28
27
1
2
3
4
5
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
10
Los Angeles, CA 90025 (310) 909-7138
172) Pursuant to Civil Code section 1780(a)(1), Plaintiff and each member of the class are
11
12
13
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
14
Defendants pursuant to the provisions of Civil Code section 1780(e) which provides that The court
15
shall award court costs and attorneys fees to a prevailing plaintiff in litigation filed pursuant to this
16
section.
17
177) The unfair and deceptive acts and practices of Defendants described above present a
18
continuing wrong and threat to Plaintiffs, the class, and the members of the public in that Defendants
19
persist and continue to engage in one or more of those practices, and will not cease doing so unless
20
and until forced to do so by this Court. Defendants conduct is causing, and will continue to cause
21
irreparable injury unless enjoined or restrained.
22
SECOND CAUSE OF ACTION FOR UNFAIR COMPETITION
23
(Cal. Bus. & Prof. Code 17200 et. seq.)
24
25
26
27
28
28
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2
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.
10
Los Angeles, CA 90025 (310) 909-7138
179) Business & Professions Code section 17200 et. seq., also known as the California
181) Defendants further violated the unlawful, unfair, and fraudulent business practices
11
prongs of the UCL by violating Civil Code sections 1770(a)(2), 1770(a)(3), 1770(a)(5), 1770(a)(7),
12
1770(a)(9), 1770(a)(13), and 1770(a)(14) as described in paragraphs 133 through 168 above.
13
182) Defendants violated the deceptive, untrue, or misleading advertising prongs of the
14
UCL, and engaged in acts prohibited by Business & Professions Code section 17500 by inter alia:
15
falsely advertising that CCC is certified by the BPPVE; falsely advertising that All instructors at
16
[CCC] are State Certified; falsely advertising that 99% of [CCCs] students have found work in the
17
industry; falsely advertising that CCCs Certificate is highly regarded by casinos; falsely advertising
18
that CCC has a limited supply of scholarships and grants to pay 65% to 100% of students tuition;
19
falsely stating that students may seek recourse from the BPPVE; falsely telling students that they are
20
legally bound by CCCs unenforceable Enrollment Agreement; falsely stating that Defendants can
21
guarantee employment at the Pechanga Resort and Casino; and falsely stating that CCCs courses
22
take Up to 8 weeks to complete.
23
183) As a direct and proximate result of Defendants unlawful, unfair, fraudulent, business
24
acts and Defendants unfair, deceptive, untrue and misleading advertising, Plaintiff and the members
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of the class were wrongfully induced to enroll in CCC and pay Defendants tuition that Defendants
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could not (and can not) lawfully charge or collect.
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184) Accordingly, Plaintiff and the other members of the class have suffered injury in fact.
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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.

Los Angeles, CA 90025 (310) 909-7138
185) As a direct and proximate result of Defendants unlawful, unfair, and deceptive
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.
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THIRD CAUSE OF ACTION FOR UNJUST ENRICHMENT
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188) Under Education Code sections 94886 and 94902, Defendants were (and are)
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statutorily barred from charging or accepting tuition payments from Plaintiff, or the members of the
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class, or anyone, and Defendants are otherwise barred from conducting business as an educational
17
institution in California because CCC has not obtained an approval to operate from the BPPE.
18
189) Indeed, Defendants operation of CCC without the required approval is an infraction
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subject to Penal Code section 19.6 and 19.7, and punishable by a fine of $50,000. See Educ. Code
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94943, 94944. Stated otherwise, CCC is, quite literally, a criminal enterprise.
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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
26
members tuition payments were illegal, unlawful, and unjust and require Defendants to pay
27
restitution to Plaintiff and each class member in the full amount of each tuition payment.
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FOURTH CAUSE OF ACTION FOR MONEY HAD AND RECEIVED
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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.
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Los Angeles, CA 90025 (310) 909-7138
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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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PRAYER FOR RELIEF
WHEREFORE, Plaintiff on behalf of herself and the class, prays for judgment against Defendants as
follows:
1. For certification of this action as a plaintiff class action as set forth hereinabove;
2. For an order requiring Defendants to make restitution of all revenues, earning, compensation,
and benefits obtained as a result of Defendants' wrongful conduct;
3. For general, compensatory, special, and consequential damages according to proof;
4. For punitive damages pursuant to California Civil Code section l 780(a)(4) and Civil Code
section 3294 in an amount sufficient to deter, punish and make an example of Defendants;
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5. for mandatory attorney's fees and costs of suit pursuant to California Civil Code section
1780(e);
6. For preliminary and permanent injunctive relief prohibiting Defendants from engaging in the
wrongful practices alleged in this Complaint;
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7. for pre-judgment and post-judgment interest according to proof; and
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8. for such other and further relief as the Court may deem just.
17
DATED: December 23, 2014
THE LAW OFFICE OF

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Demand for Jury Trial
Plaintiff, VANES SA GUTIERREZ, on behalf of herself and all others similarly situated,
3 hereby demands that this action be determined by trial by jury.
4
5
Dated: December 23, 2014
THE LAW OFFICE OF

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Andrew W. T 1etmeyer
Attorney for aintiff Vanessa Gutierrez
And the Proposed Class
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Filing On Suit Against Raymond Basquez Sr. and Wife Linda Basquez

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Filing On Suit Against Raymond Basquez Sr. and Wife Linda Basquez

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Andrew W.

Twictmeyer (SBN: 254436)

SUPERIOR COURT OF CALIFORNIA

5 Attorney for Plaintiff, VANESSA GUTIERREZ

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF RIVERSIDE

CASINO CAREER CENTER, INC.; LINDA

1) Violation of the California

CLASS ACTION COMPLAINT

County of Riverside California.

THE LAW OFFICE OF ANDREW W. TWIETMEYER

resides in the City of Temecula in the County of Riverside California.

Temecula, California 92590.

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.

Defendants organized and operated CCC in direct violation of California Education

THE LAW OFFICE OF ANDREW W. TWIETMEYER

JURISDICTION AND VENUE

traditional notions of fair play and substantial justice.

Venue is proper in Riverside County as against Defendants pursuant to Sections 394

Defendants reside and do business.

CLASS ACTION ALLEGATIONS

unfair practices alleged herein.

class, defined as follows:

THE LAW OFFICE OF ANDREW W. TWIETMEYER

of the proposed class.

There is a well-defined community of interest among the members of the proposed

(a) CCC is an state-certified provider of vocational education;

(b) that CCC classes are taught only by state-certified instructors;

(d) that CCCs graduation certificate is SO HIGHLY REGARDED that one-year

experience requirements are often waived by casinos!;

(f) that CCCs courses take Up to 8 weeks to complete.

Education with any problems or questions concerning CCC; and

paying tuition to Defendants.

As an unapproved school, Defendants were statutorily barred from charging and

94943 & 94944.

members of the class.

class. Common questions of fact include, inter alia, the following:

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

one-year experience requirements are often waived by casinos!;

100% of your tuition. Limited supply. Call for an appointment NOW!;

Sacramento, CA 95814, (915)445-3427;

required by Education Code section 94911 in CCCs Enrollment Agreement;

class. Common questions of law include, inter alia, the following:

THE LAW OFFICE OF ANDREW W. TWIETMEYER

Education Code section 94913 on CCCs website.

Professions Code section 17200;

Professions Code sections 17500 and 17200;

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!

17500, and 17200;

Professions Code sections 17500 and 17200.

Agreement illegal and unenforceable;

Code sections 17500 and 17200;

(l) whether Defendants failure to include statutorily-required information on CCCs

unlawful conduct as alleged herein.

THE LAW OFFICE OF ANDREW W. TWIETMEYER

conduct described herein.

to those of the class.

SUMMARY OF RELEVANT FACTS