Claimant says: "I am a sixty-seven-year-old Senior Disabled Veteran and have been a signature gatherer in the State of California since 1979, registering voters and collecting signatures for Ballot Issues. On or about December 13, 2019 while collecting signatures I learned that a Company doing business out of San Diego had two local issues in San Bernardino County where I was gathering signatures for Statewide Ballot Issues. Statewide Ballot Issues require approximately 962,000 signatures to qualify an issue for the ballot.”
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Claimant says: "I am a sixty-seven-year-old Senior Disabled Veteran and have been a signature gatherer in the State of California since 1979, registering voters and collecting signatures for Ballot Issues. On or about December 13, 2019 while collecting signatures I learned that a Company doing business out of San Diego had two local issues in San Bernardino County where I was gathering signatures for Statewide Ballot Issues. Statewide Ballot Issues require approximately 962,000 signatures to qualify an issue for the ballot. Stated another way, to qualify an issue for the ballot requires 8% of the total Votes for the Governor’s Election. The two local issues were “Term Limits” and “Fire Tax”. Term limits as I was told paid $3.50 per valid signature and Fire Tax paid $5 per valid signature. Generally, when you turn in your signatures if your validity is over 75% you get paid 100% on the total signatures turned in and receive an accounting of what signatures were valid and which ones were not. Upon contacting other petitioners, I was told a person by the name of Tyler was involved and given Tyler’s cellphone number. I attempted to contact Tyler and received a response back from a person who identified himself as Sam Gray and referred me to an individual identified as Robert “Komrade” Pounce, providing me Pounce’s cellphone number: 510-467-6002. I contacted Robert Pounce who had me drive to his residence at 1043 Santo Antonio Dr., Colton, California where he provided me with blank petitions for the Term Limits and Fire Tax and advised that Robert Bush did not pay the 75%, to receive 100% pay for the signatures, but only paid for valid signatures. Pounce advised he worked as an assistant to Robert Bush and Bush’s Company, Emerald Ambassadors located at 5173 Waring Rd., #618, San Diego, CA 92120, telephone 760-430-9932. Pounce further advised that Emerald Ambassador’s had regular weekly turn ins at Starbucks, 9015 Central Ave., Montclair, CA and other locations.
On 12-22-2019 I turned an Invoice and Signatures in to Robert Pounce 421 term limits and 97 Fire Tax signatures totaling $1,958.50. On 12-23-2019 Robert Bush came to Room #103 at the Redlands Motel 6 in Redlands, California, where he wrote me a check for 60% of the value of the $1,958.50, stating he would pay me the difference once the signatures were validated. As of the date of this complaint I have not received payment for the balance owed on the December 22nd, 2019 turn in.
On or about January 7th, 2020 I turned in to Robert Pounce 183 Term Limits Signatures and 184 Fire Tax
Signatures valued at $1,560. On January 14, 2020 I turned in to Robert Pounce 80 Term Limits signatures and 89 Fire Tax plus 56 Statewide Dialysis signatures valued at $893. On 1-21-2020 I turned in to Robert Pounce 286 Term Limits signatures and 319 Fire Tax Signatures valued at $2,596. On January 24, 2020 I turned in to Robert Pounce 148 Fire Tax signatures valued at $740. On or about February 9, 2020 I turned in to Robert Pounce 238 Term Limits valued at $833. From the period of time from December 22, 2019 up to through and including February 2020 I submitted a total of $8,580.50 worth of signatures to Emerald Ambassador’s, aka Robert Bush. As of the date of this complaint I have received a total of $4,646 in payment from Robert Bush and his former coordinator Robert Pounce. A check drawn from Emerald Ambassador’s checking account number 1068 in the sum certain amount of $1,175 dated 12/23/2019; a second check drawn on the Emerald Ambassador’s account in the sum certain amount of $907. On 1-13-2020 I received a Zelle Payment from Robert Pounce in the sum certain amount of $478 Wells Fargo Ref of $705 Wells Fargo Ref # PP073JDKLVK; On 2-6-2020 I received a Zelle payment from Robert Pounce in the sum certain amount of $451 Wells Fargo Ref # PP07LNLB56; and on 02-14-2020 I received a Zelle payment from Robert Pounce in the sum certain amount of $930 Wells Fargo Ref #PP07MYTGV2, for total amount of $4,646 with no accounting of any sort showing what I had turned in, what was valid, what was invalid. On numerous occasions I have texted both Robert Pounce and Robert Bush requesting they provide an accounting showing what signatures were turned in, which ones were valid and which ones were not. No accounting has been provided. Accordingly, there is a shortage and discrepancy of over $3,934.50 that I have not been paid. On 2-21-2020 upon checking with Robert Pounce about the shortage of payment, he advised that he no longer worked for Robert Bush as an assistant/coordinator. Pounce further advised that Robert Bush had validated the last signatures turned in and I had 261 valid Fire Tax and I would have to contact Robert Bush for payment. On or about February 14, 2020 I contacted Robert Bush regarding payment and received a text message stating he had just finished validating the Term Limits I had submitted to Robert Pounce on January 24, 2020. Again, I requested copies of the spreadsheets on what I had submitted and was informed by Robert Bush that Robert Pounce was the only one who had the individual spreadsheets because Bush only had the total campaign spreadsheet record. In that text Bush asked who I turned my statewide in to and offered me payment of 95% upfront if I would turn my signatures in to him. I informed him by text who I turned in to and complained about not getting paid by Bush for the work I had already turned in. On Wednesday February 19th, 2020 I texted Bush about getting paid on the Fire Tax signatures I had turned in to him on January 24, 2020 and received no response. I inquired again on February 25, 2020 and received no response. On February 28, 2020 I text Robert Bush again about payment. This time he responded by text that the matter should be cleared up Tuesday. On Tuesday March 3rd, 2020 not having heard from Robert Bush or received any payment I contacted him inquiring. He replied he was busy doing a final turn on in Term Limits. Upon telling him that I had stopped doing Term Limits weeks earlier. He then began making excuses why I was not getting paid. On March 4, 2020 I contacted him again about getting paid. He subsequently texted me he would be paying me that day. Come the close of that day when I still had not received payment, I text him again. He replied at 10:02 pm that he was busy doing turn in. Upon texting him again about payment, Bush text me: My response was defrauding seniors is not a smart move in California. Bush responded I would be paid that day. “We thought you would have more work Doug. You’re on a double final with me. Just making sure they get it figured out right so no one loses. I recommend working with one of the other Coordinators I brought on next time if you had issues with Robert.” Bush then threatened me stating that people who push him for payment he purposefully delays their payment to prove a point. At approximately 5:01 pm I text Robert Bush requesting he provide with his contact information for his Registered Agent for Process of Service as set forth in the nature of California Corporations Code 1700 – 1702. Bush replied I had fallen off the good list (Inferring I am blackballed) and for me to contact Robert Pounce and see if he answers his phone. (Robert Pounce does not answer his phone. Which Robert Bush well knows.) My last conversation with Robert Pounce was that I would have to collect my Payment from Robert Bush. Robert Bush then began trying to spin the matter stating that I worked for Robert Pounce and not him. He stated “Your pay is ready please see your Coordinator.” Robert Bush was my coordinator. He paid me on December 23, 2019 at my Motel Room in Redlands by check. I have copies of every check written to me by Robert Bush consisting of two (2) checks. Robert Pounce was introduced to me as Robert Bush’s assistant. Robert Pounce quit working for Robert Bush as his assistant/coordinator. As of the date of this complaint I have not received payment from Robert Bush.
On January 1, 2020 AB-5 became law in the State of California outlawing 1099 Employment in the State of California requiring Independent Contractors to either become an “employee” or become a corporation requiring registering your entity with the Secretary of State, the California Franchise Tax Board, obtain business licenses for each city you work in or have work performed, have workers compensation insurance and health insurance. Robert Bush and Emerald Ambassador’s employ’s approximately 100 “petitioner’s” Independent Contractors.
Statemen of Claims
Whereas, based upon information and belief acquired through firsthand personal experience having done business with Robert Bush and his entity Emerald Ambassador’s, Robert Bush and his entity Emerald Ambassadors have been engaged in unlawful activities against the Peace and Dignity of the People of the State of California to wit:
1. Operating a business in the State of California without compliance with the Laws of the State of California as set forth by the ABC Test in the Dynamex Operations West, Inc. v. Superior Court case.
2. Operating a business in the State of California without timely issuing IRS form 1099 to its independent contractors paid more than $600 by Robert Bush and Emerald Ambassadors.
3. Failure to provide an accounting on earnings on signatures submitted for payment: How many signatures turned in; How many validated as registered voters, how many did not.
4. Failure to pay the balance on the December 22, 2019 turn in where on December 23, 2019 Robert Bush wrote a check to Claimant for $1,175 promising to pay the difference after validation. To date said balance has not been paid.
5. Claimant invoiced $8,580.50 worth of signatures submitted to Robert Bush dba Emerald Ambassadors and to date has received $4,646.00 in payment and is owed a balance of $3,934.50 which is more than 30 days past due.*” ...Show less »