Preview
21STCV09820
Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Patricia Nieto
Electronically FILED by Superior Court of California, County of Los Angeles on 03/12/2021 02:25 PM Sherri R. Carter, Executive Officer/Clerk of Court, by H. Flores-Hernandez,Deputy Clerk
1 Douglas N. Silverstein, Esq. (SBN 181957)
Catherine J. Roland, Esq. (SBN 266957)
2 KESLUK, SILVERSTEIN, JACOB & MORRISON, P.C.
9255 Sunset Boulevard, Suite 411
3 Los Angeles, California 90069-3309
Telephone: (310) 273-3180
4 Facsimile: (310) 273-6137
dsilverstein@californialaborlawattorney.com
5 croland@californialaborlawattorney.com
6 Attorneys for Plaintiff RIMA KAMALI
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF LOS ANGELES – CENTRAL DISTRICT
10
11 RIMA KAMALI,, an individual,
individual, CASE NO.
12 Plaintiff, PLAINTIFF’S COMPLAINT FOR
DAMAGES
13 vs.
1. Discrimination in Violation of FEHA;
14 DAVID G. DAVTYAN, M.D. A 2. Failure to Take All Reasonable Steps to
Professional Medical Corporation; and Prevent Discrimination;
15 DOES 1 through 25, inclusive, 3. Failure To Pay Wages;
4. Failure To Pay Wages Upon Discharge
16 Defendants. (Labor Code §§ 201-203);
5. Failure To Provide Accurate Itemized
17 Statements Pursuant (Labor Code
§226);
18 6. Failure to Provide Meal and Rest
Breaks;
19 7. Unfair Competition Pursuant To
Business & Professions Code § 17200.;
20 and
8. Wrongful Termination in Violation of
21 Public Policy.
22 DEMAND FOR JURY TRIAL
23 UNLIMITED JURISDICTION
24 PUNITIVE DAMAGES
25
26
27
28
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 1
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 Plaintiff alleges as follows:
2 1. Plaintiff RIMA KAMALI (hereinafter “Plaintiff”) is, and at all material times
3 herein was, an individual residing in the County of Los Angeles, State of California.
4 2. Plaintiff is informed and believes, and based thereon alleges, that Defendant
5 DAVID G. DAVTYAN, M.D. A Professional Medical Corporation (hereinafter “Defendant”) is,
6 and at all material times herein was, a corporation doing business in the County of Los Angeles,
7 State of California at 1141 N. Brand Blvd. #406, Glendale, CA.
8 3. Plaintiff is informed and believes, and based thereon alleges, that at all material
9 times, each of the Defendants was the agent and/or employee of each of the remaining
10 Defendants, and each of them was at all material times acting within the purpose and scope of
11 such agency and employment.
12 4. Plaintiff does not know all of the true names or capacities of the Defendants sued
13 as DOES 1 through 25, inclusive. Thus, Plaintiff sues these Defendants under fictitious names.
14 When their true names and capacities have been ascertained, Plaintiff will amend this Complaint.
15 Plaintiff is informed and believes, and based thereon alleges, that the fictitiously named
16 Defendants were the agents, servants, and employees of each of the named Defendants and, in
17 doing the acts and things alleged, were at all times acting within the course and scope of that
18 agency, servitude, and employment and with the permission, consent, and approval, or
19 subsequent ratification, of each of the named Defendants. Reference to “Defendants” includes
20 the named Defendants and the DOE Defendants.
21 5. All conditions precedent (exhaustion of administrative remedies) to jurisdiction
22 has been complied with. Plaintiff timely filed charges against Defendants with the California
23 Department of Fair Employment and Housing (“DFEH”) and/or EEOC and has received a
24 “Right to Sue” notice as to each Defendant. Plaintiff’s claims have been tolled while pending
25 with the DFEH and/or EEOC.
26 ///
27 ///
28 ///
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 2
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 GENERAL ALLEGATIONS
2 6. Ms. Kamali was born in 1950. She started working with Dr. Davtyan in
3 approximately November 1, 2006.
4 7. Ms. Kamali began working at an hourly rate of $10/hr. Her duties included
5 washing dishes, cooking and cleaning tables, sitting in the front desk and greeting patients,
6 acting as concierge.
7 8. From November 1, 2006 to June 2019, Defendant misclassified Ms. Kamali as a
8 1099 independent contractor.
9 9. Defendant regularly failed to provide meal and rest breaks and failed to pay Ms.
10 Kamali for all hours worked, including failing to pay an overtime rate for all overtime hours
11 worked.
12 10. Ms. Kamali is informed and believes that in approximately June 2019, another
13 employee left the office and complained about Defendant’s wage practices, including the failure
14 to provide meal and rest breaks.
15 11. After approximately November 2019, Defendant reclassified Ms. Kamali as a W2
16 employee but failed to her for the prior years of unpaid wages.
17 12. Ms. Kamali is an Armenian from Iran. Dr. Davtyan and Nune Badalyan are
18 Armenian but from Armenia. The Doctor and office manager Ms. Badalyan often treated
19 Plaintiff with disrespect and treated her harshly because of her national origin. For example,
20 they would claim that she didn't know how to speak English and looked down upon Ms. Kamali.
21 13. Separately, in the last few years of her employment, Ms. Kamali began suffering
22 from Crohn’s disease. She informed Ms. Badalyan and Mr. Davtyan of her need to miss time
23 from work to attend medical appointments. Ms. Kamali is informed and believes that Dr.
24 Davtyan at one point referred her to a gastroenterologist regarding her condition.
25 14. In February 2020, Ms. Kamali notified Ms. Badalyan of a medical condition
26 pertaining her eye and notified Defendant of the need to attend an appointment with her eye
27 doctor. The eye doctor put medicine in her eyes and told her that she need to be off work. Ms.
28 Kamali is informed and believes that her eye doctor sent a fax to Dr. Davtyan's office regarding
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 3
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 her limitations and condition. On her way home, Dr. Davtyan called her on her cell phone asking
2 where she was. She explained to him that Ms. Badalyan was aware of her eye condition and that
3 her eye doctor had faxed a note to the office. Doctor Davtyan started yelling at her. At one point
4 he told her "I don't care ... take the note and shove it up your ass".
5 15. Not long after, on or about March 15, 2020, Dr. Davtyan approached Ms. Kamali
6 and told her that she looked pale and sick and subjected her to adverse employment
7 action/termination.
8 16. He said that she didn't have to come to work, but that he would pay her until end
9 of March 2020. He further told her that starting April 1, 2020, she was laid off. Plaintiff is
10 informed and believes that no other employees were laid off at that time.
11 17. Even though Dr. Davtyan promised to pay Ms. Kamali by March 31, 2020,
12 Defendant didn't provide her with a final check until approximately April 14, 2020.
13
14 FIRST CAUSE OF ACTION
15 DISCRIMINATION
16 (Against All Defendants and DOES 1 to 25, Inclusive)
17 18. As a separate and distinct cause of action, Plaintiff complains and realleges all the
18 allegations contained in this complaint, and incorporates them by reference into this cause of
19 action as though fully set forth herein, excepting those allegations which are inconsistent with this
20 cause of action.
21 19. Defendants, and each of them, including its agents, employees and representatives
22 are subject to suit under Sections 12940, et seq., of the California Fair Employment and Housing
23 Act (“FEHA”). These sections required that Defendants, and each of them, refrain from
24 discrimination against any employee on the basis of age, national origin and disability. These
25 sections further required Defendants, and each of them, to take all reasonable steps necessary to
26 prevent any ongoing discrimination from continuing. Defendants, including Mr. Davtyan, also
27 perceived and regarded Ms. Kamali as disabled.
28 ///
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 4
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 20. By engaging in the above-described acts and omissions, Defendants, and each of
2 them, violated the FEHA, including, but not limited to, Government Code §§ 12940 (a), (i), (j)
3 and (k) and 12941.
4 21. At all times relevant herein, Defendants, and each of them, knew, or reasonably
5 should have known, that its conduct, acts, and failures to act of all other Defendants and/or
6 supervisors, agents and employees as described hereinabove violated Plaintiff’s rights under the
7 law.
8 22. As a direct and proximate result of each Defendant’s willful, knowing, and
9 intentional discrimination as previously described, Plaintiff was subjected to an adverse
10 employment action and sustained substantial losses in earnings and other employment benefits.
11 23. As a direct and proximate result of the actions and conduct of Defendants, and
12 each of them, Plaintiff has suffered non-economic damages in an amount according to proof.
13 24. At all times relevant times herein, Defendants, and each of them, knew, or
14 reasonably should have known, that the incidents, conduct, acts, and failures to act described
15 hereinabove, would and did directly and proximately result in emotional distress to Plaintiff,
16 including, but not limited to, loss of sleep, anxiety, tension, depression and humiliation.
17 25. The acts and conduct of Defendants, and each of them, including but not limited to
18 Dr. Davtyan and Office Manager Badalyan, constituted “malice,” “oppression” and/or “fraud” (as
19 those terms are defined in California Civil Code § 3294(c)), in that it was intended by Defendants,
20 and each of them, to cause injury to Plaintiff or was despicable conduct which was carried on by
21 Defendants, and each of them, with a willful and conscious disregard of the rights of Plaintiff.
22 26. The acts of Defendants, and each of them, including but not limited to Dr. Davtyan
23 and Office Manager Badalyan, were done fraudulently, maliciously and oppressively and with the
24 advance knowledge, conscious disregard, authorization, ratification or act of oppression, within
25 the meaning of Civil Code § 3294 on the part of Defendants’ officers, directors, or managing
26 agents of the corporation. The actions and conduct of Defendants, and each of them, were
27 intended to cause injury to Plaintiff and constituted deceit and concealment of material facts
28 known to Defendants, and each of them, with the intention of Defendants to deprive Plaintiff of
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 5
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 property and legal rights, justifying an award of exemplary and punitive damages in an amount
2 according to proof.
3 27. Plaintiff is further entitled to attorneys’ fees pursuant to Government Code §
4 12965(b).
5
6 SECOND CAUSE OF ACTION
7 FAILURE TO TAKE ALL REASONABLE STEPS TO PREVENT DISCRIMINATION
8 (Against All Defendants and DOES 1 to 25, Inclusive)
9 28. As a separate and distinct cause of action, Plaintiff complains and realleges all the
10 allegations contained in this complaint, and incorporate them by reference into this cause of
11 action as though fully set forth herein, excepting those allegations which are inconsistent with this
12 cause of action.
13 29. At all material times, Government Code § 12940(k) was in full force and effect
14 and was binding upon each Defendant and its agents and supervisors. This subsection required
15 each Defendant to take all reasonable steps necessary to prevent discrimination from occurring in
16 the workplace. As alleged above, each Defendant violated this subsection by failing to take all
17 reasonable steps necessary to prevent the above-described discrimination from taking place.
18 30. Each Defendant’s failure to take all reasonable steps to prevent the above-
19 described discrimination suffered by Plaintiff was a substantial factor in causing adverse
20 employment action, damage and injury to Plaintiff as alleged herein.
21 31. As a direct and proximate result of the conduct of each Defendant and its agents
22 and supervisors, Plaintiff has suffered general and special damages in a sum according to proof.
23 32. As a further direct result of the aforesaid acts of each Defendant, Plaintiff claims
24 general damages for mental and emotional distress and aggravation in an amount to be proven at
25 the time of trial.
26 33. The acts and conduct of defendants, and each of them, including but not limited to
27 Dr. Davtyan and Office Manager Badalyan, constituted “malice,” “oppression” and/or “fraud” (as
28 those terms are defined in California Civil Code § 3294(c)), in that it was intended by Defendants,
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 6
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 and each of them, to cause injury to Plaintiff or was despicable conduct which was carried on by
2 Defendants, and each of them, with a willful and conscious disregard of the rights of Plaintiff.
3 34. The acts of Defendants, and each of them, including but not limited to Defendant’s
4 Academic Affairs Manager Grace Zamora, were done fraudulently, maliciously and oppressively
5 and with the advance knowledge, conscious disregard, authorization, ratification or act of
6 oppression, within the meaning of Civil Code § 3294 on the part of Defendants’ officers,
7 directors, or managing agents of the corporation. The actions and conduct of Defendants, and
8 each of them, were intended to cause injury to Plaintiff and constituted deceit and concealment of
9 material facts known to Defendants, and each of them, with the intention of Defendants to deprive
10 Plaintiff of property and legal rights, justifying an award of exemplary and punitive damages in
11 an amount according to proof.
12 35. Plaintiff will also seek and is entitled to recover attorneys’ fees in connection with
13 this cause of action under Government Code § 12965.
14
15 THIRD CAUSE OF ACTION
16 FAILURE TO PAY WAGES
17 (Against Defendants and DOES 1-25, inclusive)
18 36. As a separate and distinct cause of action, Plaintiff complains and realleges all the
19 allegations contained in this complaint, and incorporates them by reference into this cause of
20 action as though fully set forth herein, excepting those allegations which are inconsistent with this
21 cause of action.
22 37. It is unlawful under California law for an employer to suffer or permit an
23 employee to work without paying wages for all hours worked, including overtime.
24 38. Plaintiff was not properly compensated for hours that she worked, including for
25 minimum wage, straight time and overtime. Defendants unlawfully failed to pay Plaintiff all
26 wages she earned.
27 39. As a direct and proximate result of Defendants’ unlawful conduct, as set forth
28 herein, Plaintiff has sustained damages, including loss of earnings, in an amount to be established
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 7
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 at trial.
2 40. Plaintiff seeks damages in the amount of the respective unpaid wages and
3 overtime, plus penalties, as provided by state law, prejudgment interest, and costs and attorneys’
4 fees, pursuant to statute, and such other legal and equitable relief as the Court deems just and
5 proper.
6 41. Defendants conduct violated various statutes, including but not limited to Labor
7 Code §§ 201-203, 204, 210, 223, 225.5, 226, 226.3, 226.7, 226.8, 510, 512, 558, 1194 and 1197,
8
9 FOURTH CAUSE OF ACTION
10 FAILURE TO PAY WAGES UPON DISCHARGE §§ 201-203
11 (Against Defendants and DOES 1-25, inclusive)
12 42. As a separate and distinct cause of action, Plaintiff complains and realleges all the
13 allegations contained in this complaint, and incorporates them by reference into this cause of
14 action as though fully set forth herein, excepting those allegations which are inconsistent with this
15 cause of action.
16 43. A California employer must compensate an employee all wages owed at the time
17 the employer terminates the employee.
18 44. Defendants, and each of them, knowingly and intentionally failed to pay Plaintiff
19 all compensation she was owed upon her termination.
20 45. As a direct and proximate result of Defendants’ unlawful conduct, as set forth
21 herein, Plaintiff has sustained damages, including loss of earnings, in an amount to be established
22 at trial.
23 46. Plaintiff is entitled to penalties under Labor Code §§ 201-203 equal to Plaintiff’s
24 30-day wages.
25 ///
26 ///
27 ///
28
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 8
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 FIFTH CAUSE OF ACTION
2 FAILURE TO PROVIDE ACCURATE ITEMIZED STATEMENTS
3 PURSUANT TO LABOR CODE § 226
4 (Against Defendants and DOES 1-25, inclusive)
5 47. As a separate and distinct cause of action, Plaintiff complains and re-alleges all the
6 allegations contained in this complaint, and incorporates them by reference into this cause of
7 action as though fully set forth herein, excepting those allegations which are inconsistent with this
8 cause of action.
9 48. Defendants intentionally failed to furnish to Plaintiff upon each payment of wages,
10 accurate itemized statements of actual total hours worked.
11 49. Plaintiff was damaged by these failures because the failures hindered Plaintiff
12 from determining the amounts owed to her. Plaintiff is entitled to the amounts provided for in
13 Labor Code § 226(e).
14 50. Plaintiff is entitled to seek penalties for injuries under Labor Code § 226(e),
15 including the greater of all actual damages or fifty dollars ($50) for the initial pay period in which
16 a violation occurs and one hundred dollars ($100) for each violation in a subsequent pay period
17 not to exceed four thousand dollars ($4,000). Plaintiff is also entitled to seek penalties under
18 Labor Code § 226.3, providing a civil penalty in the amount of two hundred and fifty dollars
19 ($250) per initial violation and one thousand dollars ($1,000) per subsequent citation.
20
21 SIXTH CAUSE OF ACTION
22 FAILURE TO PROVIDE MEAL AND REST PERIODS
23 Cal. Labor Code § 226.7
24 (Against Defendants and DOES 1-25, inclusive)
25 51. As a separate and distinct cause of action, Plaintiff complains and realleges all the
26 allegations contained in this complaint, and incorporates them by reference into this cause of
27 action as though fully set forth herein, excepting those allegations which are inconsistent with this
28 cause of action.
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 9
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 52. California law, as set forth in Labor Code § 226.7, states that an employer must
2 provide meal and rest periods in accordance with the IWC Wage Orders of the Industrial Welfare
3 Commission. The applicable IWC Wage Order provides that:
4
“11. MEAL PERIODS:
5
(A) No employer shall employ any person for a work period of more than five (5)
6 hours without a meal period of not less than thirty (30) minutes, except that when a work
period of not more than six (6) hours will complete the day’s work the meal period may be
7 waived by mutual consent of the employer and employee. Unless the employee is
relieved of all duty during a thirty (30) minute meal period, the meal period shall be
8 considered an “on duty” meal period and counted as time worked. An “on duty” meal
period shall be permitted only when the nature of the work prevents an employee from
9 being relieved of all duty and when by written agreement between the parties an on-the-
job paid meal period is agreed to. The written agreement shall state that the employee
10 may, in writing, revoke the agreement at any time.
11 (B) If an employer fails to provide an employee a meal period in accordance
with the applicable provisions of this Order, the employer shall pay the employee one
12 (1) hour of pay at the employee’s regular rate of compensation for each work day that
the meal period is not provided.”
13
14 “12. REST PERIODS:
15 (A) Every employer shall authorize and permit all employees to take
rest periods, which insofar as practicable shall be in the middle of each work period.
16 The authorized rest period time shall be based on the total hours worked daily at the
rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof.
17 However, a rest period need not be authorized for employees whose total daily work
time is less than three and one half (3 ½) hours. Authorized rest period time shall be
18 counted as hours worked for which there shall be no deduction from wages.
19 (B) If an employer fails to provide an employee a rest period in accordance
with the applicable provisions of this Order, the employer shall pay the employee one
20 (1) hour of pay at the employee’s regular rate of compensation for each workday that
the rest period is not provided.”
21
22
53. Defendants regularly employed Plaintiff for periods of more than five (5) hours
23
without providing a meal period of not less than 30 minutes in which she was relieved of all duty,
24
and Defendants regularly failed to authorize, permit and provide Plaintiff with the rest periods
25
required by law as stated above. Defendants also knew that Plaintiff was interrupted from eating
26
lunch to perform work.
27
///
28
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 10
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 54. Defendants’ records are non-compliant and create a presumption that Defendant
2 did not provide meal and rest breaks.
3 55. Defendants impeded, discouraged and dissuaded Plaintiff from taking meal and
4 rest breaks in which she was relieved of all duty.
5 56. Therefore, Plaintiff is entitled to be paid as stated in subdivision (B) of section 11
6 above and subdivision (B) of section 12 above.
7
8 SEVENTH CAUSE OF ACTION
9 UNFAIR COMPETITION
10 PURSUANT TO BUSINESS & PROFESSIONS CODE §§ 17200 et seq.
11 (Against Defendants and DOES 1-25, inclusive)
12 57. As a separate and distinct cause of action, Plaintiff complains and realleges all the
13 allegations contained in this complaint, and incorporates them by reference into this cause of
14 action as though fully set forth herein, excepting those allegations which are inconsistent with this
15 cause of action.
16 58. The foregoing conduct, as alleged, violates the California Unfair Competition Law
17 (“UCL”), Cal. Bus. & Prof. Code §§ 17200 et seq. Section 17200 of the Cal. Bus. & Prof. Code
18 prohibits unfair competition by prohibiting, inter alia, any unlawful or unfair business acts or
19 practices.
20 59. Defendants committed acts of unfair competition, as defined by the UCL, by,
21 among other things, engaging in the acts and practices described herein. Defendants’ conduct as
22 herein alleged has damaged Plaintiff by denying her earned wage, including overtime, and meal
23 and rest periods and therefore was substantially injurious to Plaintiff.
24 60. Defendants’ course of conduct, acts, and practices in violation of California laws
25 constitute a separate and independent violation of the UCL. Defendants’ conduct described
26 herein violates the policy or spirit of such laws or otherwise significantly threatens or harms
27 competition.
28 ///
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 11
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 61. The harm to Plaintiff in being wrongfully denied lawfully earned wages outweighs
2 the utility, if any, of Defendants’ policies or practices and, therefore, Defendants’ actions
3 described herein constitute an unfair business practice or act within the meaning of the UCL.
4 62. The unlawful and unfair business practices and acts of Defendants, as described
5 above, has injured Plaintiff in that she was wrongfully denied the timely payment of earned
6 compensation, both at her regular rate and overtime wages, as well as meal and rest breaks.
7 63. Plaintiff seeks recovery of attorneys’ fees and costs of this action to be paid by
8 Defendants, as provided by the UCL and applicable law.
9 64. Plaintiff seeks damages in the amount of the respective unpaid wages, restitution,
10 attorneys’ fees, and cost of suit and such other legal and equitable relief from Defendants’
11 unlawful and willful conduct as the Court deems just and proper.
12
13 EIGHTH CAUSE OF ACTION
14 WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY
15 (Against All Defendants and DOES 1 to 25, Inclusive)
16 65. As a separate and distinct cause of action, Plaintiff complains and re-alleges all of
17 allegations contained in this Complaint and incorporates them by reference into this cause of
18 action as though fully set forth herein, excepting those allegations which are inconsistent with this
19 cause of action.
20 66. Defendants’ wrongful termination of Plaintiff as described above occurred in
21 violation of fundamental public policies of the State of California, including but not limited to the
22 right to not be discriminated against because of disability, age and national origin. Such public
23 policies are reflected in Government Code §§ 12900, et seq.
24 67. These public policies inure to the benefit of the public, not just the private interests
25 of the employer and employee, because all individuals within the State are afforded these rights.
26 68. Defendants caused Plaintiff’s employment to terminate in violation of said public
27 policies.
28 ///
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 12
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 69. As a direct and proximate result of the unlawful and wrongful termination by
2 Defendants, and each of them, Plaintiff has suffered substantial losses in earnings and job
3 benefits, and has suffered humiliation and extreme and severe mental anguish and emotional
4 distress. Plaintiff is therefore entitled to general and compensatory damages in an amount to be
5 proven at the time of trial.
6 70. The acts and conduct of Defendants, and each of them, including but not limited to
7 Dr. Davtyan and Office Manager Badalyan, constituted “malice,” “oppression” and/or “fraud” (as
8 those terms are defined in California Civil Code § 3294(c)), in that it was intended by Defendants,
9 and each of them, to cause injury to Plaintiff or was despicable conduct which was carried on by
10 Defendants, and each of them, with a willful and conscious disregard of the rights of Plaintiff.
11 71. The acts of Defendants, and each of them, including but not limited to Dr. Davtyan
12 and Office Manager Badalyan, were done fraudulently, maliciously and oppressively and with the
13 advance knowledge, conscious disregard, authorization, ratification or act of oppression, within
14 the meaning of Civil Code § 3294 on the part of Defendants’ officers, directors, or managing
15 agents of the corporation. The actions and conduct of Defendants, and each of them, were
16 intended to cause injury to Plaintiff and constituted deceit and concealment of material facts
17 known to Defendants, and each of them, with the intention of Defendants to deprive Plaintiff of
18 property and legal rights, justifying an award of exemplary and punitive damages in an amount
19 according to proof.
20 72. Plaintiff is entitled to attorneys’ fees pursuant to California Code of Civil
21 Procedure § 1021.5.
22
23 PRAYER FOR RELIEF
24 WHEREFORE, Plaintiff prays judgment against the Defendants, and each of them, as
25 follows:
26 1. For economic damages according to proof;
27 2. For non-economic damages according to proof;
28 3. For prejudgment interest;
Kesluk, Silverstein,
Silverstein
Jacob & Morrison, P.C. 13
9255 Sunset Blvd., Ste. 411
Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES
Tel: (310) 273-3180
F (310) 273 6137
1 4. For an award of exemplary and punitive damages according to proof;
2 5. For reasonable attorneys' fees pursuant to Government Code § 12965(b) and Code
3 of Civil Procedure § 1021.5;
4 6. For declaratory and injunctive relief, including a declaration that the above acts are
5 unlawful and reinstatement;
6 7. For costs of suit herein incurred; and
7 8. For such other relief as the court deems proper.
8
9
DATED: March 11,2021 KESLUK, SILVERSTEIN, JACOB &
10 MORRISON, P.C.
11
12
13
By
til
Douglas N. Silverstein, Esq.
_
Catherine J. Roland, Esq.
14 Attorneys for Plaintiff RIMA KAMALI
15
DEMAND FOR JURY TRIAL
16
Plaintiff hereby demands trialby jury on allissues so triable herein.
17
DATED: March 11, 2021 KESLUK, SILVERSTEIN, JACOB &
18
MORRISON, P.C.
19
20
21 By -------'-----tiJ__
Douglas N. Silverstein, Esq.
Catherine J.Roland, Esq.
22
Attorneys for Plaintiff RIMA KAMAL!
23
24
25
26
27
28
Kesink,
Silverstein.
Jacob
& Morrison,
P,C. 14
9255 Sunset
Blvd .• Ste.4ll
Los Angeles.
CA 90069 PLAINTIFF'S COMPLAINT FOR DAMAGES
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21STCV09820 Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Patricia Nieto Electronically FILED by Superior Court of California, County of Los Angeles on 03/12/2021 02:25 PM Sherri R. Carter, Executive Officer/Clerk of Court, by H. Flores-Hernandez,Deputy Clerk 1 Douglas N. Silverstein, Esq. (SBN 181957) Catherine J. Roland, Esq. (SBN 266957) 2 KESLUK, SILVERSTEIN, JACOB & MORRISON, P.C. 9255 Sunset Boulevard, Suite 411 3 Los Angeles, California 90069-3309 Telephone: (310) 273-3180 4 Facsimile: (310) 273-6137 dsilverstein@californialaborlawattorney.com 5 croland@californialaborlawattorney.com 6 Attorneys for Plaintiff RIMA KAMALI 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF LOS ANGELES – CENTRAL DISTRICT 10 11 RIMA KAMALI,, an individual, individual, CASE NO. 12 Plaintiff, PLAINTIFF’S COMPLAINT FOR DAMAGES 13 vs. 1. Discrimination in Violation of FEHA; 14 DAVID G. DAVTYAN, M.D. A 2. Failure to Take All Reasonable Steps to Professional Medical Corporation; and Prevent Discrimination; 15 DOES 1 through 25, inclusive, 3. Failure To Pay Wages; 4. Failure To Pay Wages Upon Discharge 16 Defendants. (Labor Code §§ 201-203); 5. Failure To Provide Accurate Itemized 17 Statements Pursuant (Labor Code §226); 18 6. Failure to Provide Meal and Rest Breaks; 19 7. Unfair Competition Pursuant To Business & Professions Code § 17200.; 20 and 8. Wrongful Termination in Violation of 21 Public Policy. 22 DEMAND FOR JURY TRIAL 23 UNLIMITED JURISDICTION 24 PUNITIVE DAMAGES 25 26 27 28 Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 1 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 Plaintiff alleges as follows: 2 1. Plaintiff RIMA KAMALI (hereinafter “Plaintiff”) is, and at all material times 3 herein was, an individual residing in the County of Los Angeles, State of California. 4 2. Plaintiff is informed and believes, and based thereon alleges, that Defendant 5 DAVID G. DAVTYAN, M.D. A Professional Medical Corporation (hereinafter “Defendant”) is, 6 and at all material times herein was, a corporation doing business in the County of Los Angeles, 7 State of California at 1141 N. Brand Blvd. #406, Glendale, CA. 8 3. Plaintiff is informed and believes, and based thereon alleges, that at all material 9 times, each of the Defendants was the agent and/or employee of each of the remaining 10 Defendants, and each of them was at all material times acting within the purpose and scope of 11 such agency and employment. 12 4. Plaintiff does not know all of the true names or capacities of the Defendants sued 13 as DOES 1 through 25, inclusive. Thus, Plaintiff sues these Defendants under fictitious names. 14 When their true names and capacities have been ascertained, Plaintiff will amend this Complaint. 15 Plaintiff is informed and believes, and based thereon alleges, that the fictitiously named 16 Defendants were the agents, servants, and employees of each of the named Defendants and, in 17 doing the acts and things alleged, were at all times acting within the course and scope of that 18 agency, servitude, and employment and with the permission, consent, and approval, or 19 subsequent ratification, of each of the named Defendants. Reference to “Defendants” includes 20 the named Defendants and the DOE Defendants. 21 5. All conditions precedent (exhaustion of administrative remedies) to jurisdiction 22 has been complied with. Plaintiff timely filed charges against Defendants with the California 23 Department of Fair Employment and Housing (“DFEH”) and/or EEOC and has received a 24 “Right to Sue” notice as to each Defendant. Plaintiff’s claims have been tolled while pending 25 with the DFEH and/or EEOC. 26 /// 27 /// 28 /// Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 2 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 GENERAL ALLEGATIONS 2 6. Ms. Kamali was born in 1950. She started working with Dr. Davtyan in 3 approximately November 1, 2006. 4 7. Ms. Kamali began working at an hourly rate of $10/hr. Her duties included 5 washing dishes, cooking and cleaning tables, sitting in the front desk and greeting patients, 6 acting as concierge. 7 8. From November 1, 2006 to June 2019, Defendant misclassified Ms. Kamali as a 8 1099 independent contractor. 9 9. Defendant regularly failed to provide meal and rest breaks and failed to pay Ms. 10 Kamali for all hours worked, including failing to pay an overtime rate for all overtime hours 11 worked. 12 10. Ms. Kamali is informed and believes that in approximately June 2019, another 13 employee left the office and complained about Defendant’s wage practices, including the failure 14 to provide meal and rest breaks. 15 11. After approximately November 2019, Defendant reclassified Ms. Kamali as a W2 16 employee but failed to her for the prior years of unpaid wages. 17 12. Ms. Kamali is an Armenian from Iran. Dr. Davtyan and Nune Badalyan are 18 Armenian but from Armenia. The Doctor and office manager Ms. Badalyan often treated 19 Plaintiff with disrespect and treated her harshly because of her national origin. For example, 20 they would claim that she didn't know how to speak English and looked down upon Ms. Kamali. 21 13. Separately, in the last few years of her employment, Ms. Kamali began suffering 22 from Crohn’s disease. She informed Ms. Badalyan and Mr. Davtyan of her need to miss time 23 from work to attend medical appointments. Ms. Kamali is informed and believes that Dr. 24 Davtyan at one point referred her to a gastroenterologist regarding her condition. 25 14. In February 2020, Ms. Kamali notified Ms. Badalyan of a medical condition 26 pertaining her eye and notified Defendant of the need to attend an appointment with her eye 27 doctor. The eye doctor put medicine in her eyes and told her that she need to be off work. Ms. 28 Kamali is informed and believes that her eye doctor sent a fax to Dr. Davtyan's office regarding Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 3 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 her limitations and condition. On her way home, Dr. Davtyan called her on her cell phone asking 2 where she was. She explained to him that Ms. Badalyan was aware of her eye condition and that 3 her eye doctor had faxed a note to the office. Doctor Davtyan started yelling at her. At one point 4 he told her "I don't care ... take the note and shove it up your ass". 5 15. Not long after, on or about March 15, 2020, Dr. Davtyan approached Ms. Kamali 6 and told her that she looked pale and sick and subjected her to adverse employment 7 action/termination. 8 16. He said that she didn't have to come to work, but that he would pay her until end 9 of March 2020. He further told her that starting April 1, 2020, she was laid off. Plaintiff is 10 informed and believes that no other employees were laid off at that time. 11 17. Even though Dr. Davtyan promised to pay Ms. Kamali by March 31, 2020, 12 Defendant didn't provide her with a final check until approximately April 14, 2020. 13 14 FIRST CAUSE OF ACTION 15 DISCRIMINATION 16 (Against All Defendants and DOES 1 to 25, Inclusive) 17 18. As a separate and distinct cause of action, Plaintiff complains and realleges all the 18 allegations contained in this complaint, and incorporates them by reference into this cause of 19 action as though fully set forth herein, excepting those allegations which are inconsistent with this 20 cause of action. 21 19. Defendants, and each of them, including its agents, employees and representatives 22 are subject to suit under Sections 12940, et seq., of the California Fair Employment and Housing 23 Act (“FEHA”). These sections required that Defendants, and each of them, refrain from 24 discrimination against any employee on the basis of age, national origin and disability. These 25 sections further required Defendants, and each of them, to take all reasonable steps necessary to 26 prevent any ongoing discrimination from continuing. Defendants, including Mr. Davtyan, also 27 perceived and regarded Ms. Kamali as disabled. 28 /// Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 4 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 20. By engaging in the above-described acts and omissions, Defendants, and each of 2 them, violated the FEHA, including, but not limited to, Government Code §§ 12940 (a), (i), (j) 3 and (k) and 12941. 4 21. At all times relevant herein, Defendants, and each of them, knew, or reasonably 5 should have known, that its conduct, acts, and failures to act of all other Defendants and/or 6 supervisors, agents and employees as described hereinabove violated Plaintiff’s rights under the 7 law. 8 22. As a direct and proximate result of each Defendant’s willful, knowing, and 9 intentional discrimination as previously described, Plaintiff was subjected to an adverse 10 employment action and sustained substantial losses in earnings and other employment benefits. 11 23. As a direct and proximate result of the actions and conduct of Defendants, and 12 each of them, Plaintiff has suffered non-economic damages in an amount according to proof. 13 24. At all times relevant times herein, Defendants, and each of them, knew, or 14 reasonably should have known, that the incidents, conduct, acts, and failures to act described 15 hereinabove, would and did directly and proximately result in emotional distress to Plaintiff, 16 including, but not limited to, loss of sleep, anxiety, tension, depression and humiliation. 17 25. The acts and conduct of Defendants, and each of them, including but not limited to 18 Dr. Davtyan and Office Manager Badalyan, constituted “malice,” “oppression” and/or “fraud” (as 19 those terms are defined in California Civil Code § 3294(c)), in that it was intended by Defendants, 20 and each of them, to cause injury to Plaintiff or was despicable conduct which was carried on by 21 Defendants, and each of them, with a willful and conscious disregard of the rights of Plaintiff. 22 26. The acts of Defendants, and each of them, including but not limited to Dr. Davtyan 23 and Office Manager Badalyan, were done fraudulently, maliciously and oppressively and with the 24 advance knowledge, conscious disregard, authorization, ratification or act of oppression, within 25 the meaning of Civil Code § 3294 on the part of Defendants’ officers, directors, or managing 26 agents of the corporation. The actions and conduct of Defendants, and each of them, were 27 intended to cause injury to Plaintiff and constituted deceit and concealment of material facts 28 known to Defendants, and each of them, with the intention of Defendants to deprive Plaintiff of Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 5 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 property and legal rights, justifying an award of exemplary and punitive damages in an amount 2 according to proof. 3 27. Plaintiff is further entitled to attorneys’ fees pursuant to Government Code § 4 12965(b). 5 6 SECOND CAUSE OF ACTION 7 FAILURE TO TAKE ALL REASONABLE STEPS TO PREVENT DISCRIMINATION 8 (Against All Defendants and DOES 1 to 25, Inclusive) 9 28. As a separate and distinct cause of action, Plaintiff complains and realleges all the 10 allegations contained in this complaint, and incorporate them by reference into this cause of 11 action as though fully set forth herein, excepting those allegations which are inconsistent with this 12 cause of action. 13 29. At all material times, Government Code § 12940(k) was in full force and effect 14 and was binding upon each Defendant and its agents and supervisors. This subsection required 15 each Defendant to take all reasonable steps necessary to prevent discrimination from occurring in 16 the workplace. As alleged above, each Defendant violated this subsection by failing to take all 17 reasonable steps necessary to prevent the above-described discrimination from taking place. 18 30. Each Defendant’s failure to take all reasonable steps to prevent the above- 19 described discrimination suffered by Plaintiff was a substantial factor in causing adverse 20 employment action, damage and injury to Plaintiff as alleged herein. 21 31. As a direct and proximate result of the conduct of each Defendant and its agents 22 and supervisors, Plaintiff has suffered general and special damages in a sum according to proof. 23 32. As a further direct result of the aforesaid acts of each Defendant, Plaintiff claims 24 general damages for mental and emotional distress and aggravation in an amount to be proven at 25 the time of trial. 26 33. The acts and conduct of defendants, and each of them, including but not limited to 27 Dr. Davtyan and Office Manager Badalyan, constituted “malice,” “oppression” and/or “fraud” (as 28 those terms are defined in California Civil Code § 3294(c)), in that it was intended by Defendants, Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 6 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 and each of them, to cause injury to Plaintiff or was despicable conduct which was carried on by 2 Defendants, and each of them, with a willful and conscious disregard of the rights of Plaintiff. 3 34. The acts of Defendants, and each of them, including but not limited to Defendant’s 4 Academic Affairs Manager Grace Zamora, were done fraudulently, maliciously and oppressively 5 and with the advance knowledge, conscious disregard, authorization, ratification or act of 6 oppression, within the meaning of Civil Code § 3294 on the part of Defendants’ officers, 7 directors, or managing agents of the corporation. The actions and conduct of Defendants, and 8 each of them, were intended to cause injury to Plaintiff and constituted deceit and concealment of 9 material facts known to Defendants, and each of them, with the intention of Defendants to deprive 10 Plaintiff of property and legal rights, justifying an award of exemplary and punitive damages in 11 an amount according to proof. 12 35. Plaintiff will also seek and is entitled to recover attorneys’ fees in connection with 13 this cause of action under Government Code § 12965. 14 15 THIRD CAUSE OF ACTION 16 FAILURE TO PAY WAGES 17 (Against Defendants and DOES 1-25, inclusive) 18 36. As a separate and distinct cause of action, Plaintiff complains and realleges all the 19 allegations contained in this complaint, and incorporates them by reference into this cause of 20 action as though fully set forth herein, excepting those allegations which are inconsistent with this 21 cause of action. 22 37. It is unlawful under California law for an employer to suffer or permit an 23 employee to work without paying wages for all hours worked, including overtime. 24 38. Plaintiff was not properly compensated for hours that she worked, including for 25 minimum wage, straight time and overtime. Defendants unlawfully failed to pay Plaintiff all 26 wages she earned. 27 39. As a direct and proximate result of Defendants’ unlawful conduct, as set forth 28 herein, Plaintiff has sustained damages, including loss of earnings, in an amount to be established Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 7 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 at trial. 2 40. Plaintiff seeks damages in the amount of the respective unpaid wages and 3 overtime, plus penalties, as provided by state law, prejudgment interest, and costs and attorneys’ 4 fees, pursuant to statute, and such other legal and equitable relief as the Court deems just and 5 proper. 6 41. Defendants conduct violated various statutes, including but not limited to Labor 7 Code §§ 201-203, 204, 210, 223, 225.5, 226, 226.3, 226.7, 226.8, 510, 512, 558, 1194 and 1197, 8 9 FOURTH CAUSE OF ACTION 10 FAILURE TO PAY WAGES UPON DISCHARGE §§ 201-203 11 (Against Defendants and DOES 1-25, inclusive) 12 42. As a separate and distinct cause of action, Plaintiff complains and realleges all the 13 allegations contained in this complaint, and incorporates them by reference into this cause of 14 action as though fully set forth herein, excepting those allegations which are inconsistent with this 15 cause of action. 16 43. A California employer must compensate an employee all wages owed at the time 17 the employer terminates the employee. 18 44. Defendants, and each of them, knowingly and intentionally failed to pay Plaintiff 19 all compensation she was owed upon her termination. 20 45. As a direct and proximate result of Defendants’ unlawful conduct, as set forth 21 herein, Plaintiff has sustained damages, including loss of earnings, in an amount to be established 22 at trial. 23 46. Plaintiff is entitled to penalties under Labor Code §§ 201-203 equal to Plaintiff’s 24 30-day wages. 25 /// 26 /// 27 /// 28 Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 8 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 FIFTH CAUSE OF ACTION 2 FAILURE TO PROVIDE ACCURATE ITEMIZED STATEMENTS 3 PURSUANT TO LABOR CODE § 226 4 (Against Defendants and DOES 1-25, inclusive) 5 47. As a separate and distinct cause of action, Plaintiff complains and re-alleges all the 6 allegations contained in this complaint, and incorporates them by reference into this cause of 7 action as though fully set forth herein, excepting those allegations which are inconsistent with this 8 cause of action. 9 48. Defendants intentionally failed to furnish to Plaintiff upon each payment of wages, 10 accurate itemized statements of actual total hours worked. 11 49. Plaintiff was damaged by these failures because the failures hindered Plaintiff 12 from determining the amounts owed to her. Plaintiff is entitled to the amounts provided for in 13 Labor Code § 226(e). 14 50. Plaintiff is entitled to seek penalties for injuries under Labor Code § 226(e), 15 including the greater of all actual damages or fifty dollars ($50) for the initial pay period in which 16 a violation occurs and one hundred dollars ($100) for each violation in a subsequent pay period 17 not to exceed four thousand dollars ($4,000). Plaintiff is also entitled to seek penalties under 18 Labor Code § 226.3, providing a civil penalty in the amount of two hundred and fifty dollars 19 ($250) per initial violation and one thousand dollars ($1,000) per subsequent citation. 20 21 SIXTH CAUSE OF ACTION 22 FAILURE TO PROVIDE MEAL AND REST PERIODS 23 Cal. Labor Code § 226.7 24 (Against Defendants and DOES 1-25, inclusive) 25 51. As a separate and distinct cause of action, Plaintiff complains and realleges all the 26 allegations contained in this complaint, and incorporates them by reference into this cause of 27 action as though fully set forth herein, excepting those allegations which are inconsistent with this 28 cause of action. Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 9 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 52. California law, as set forth in Labor Code § 226.7, states that an employer must 2 provide meal and rest periods in accordance with the IWC Wage Orders of the Industrial Welfare 3 Commission. The applicable IWC Wage Order provides that: 4 “11. MEAL PERIODS: 5 (A) No employer shall employ any person for a work period of more than five (5) 6 hours without a meal period of not less than thirty (30) minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be 7 waived by mutual consent of the employer and employee. Unless the employee is relieved of all duty during a thirty (30) minute meal period, the meal period shall be 8 considered an “on duty” meal period and counted as time worked. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from 9 being relieved of all duty and when by written agreement between the parties an on-the- job paid meal period is agreed to. The written agreement shall state that the employee 10 may, in writing, revoke the agreement at any time. 11 (B) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this Order, the employer shall pay the employee one 12 (1) hour of pay at the employee’s regular rate of compensation for each work day that the meal period is not provided.” 13 14 “12. REST PERIODS: 15 (A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. 16 The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. 17 However, a rest period need not be authorized for employees whose total daily work time is less than three and one half (3 ½) hours. Authorized rest period time shall be 18 counted as hours worked for which there shall be no deduction from wages. 19 (B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this Order, the employer shall pay the employee one 20 (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided.” 21 22 53. Defendants regularly employed Plaintiff for periods of more than five (5) hours 23 without providing a meal period of not less than 30 minutes in which she was relieved of all duty, 24 and Defendants regularly failed to authorize, permit and provide Plaintiff with the rest periods 25 required by law as stated above. Defendants also knew that Plaintiff was interrupted from eating 26 lunch to perform work. 27 /// 28 Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 10 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 54. Defendants’ records are non-compliant and create a presumption that Defendant 2 did not provide meal and rest breaks. 3 55. Defendants impeded, discouraged and dissuaded Plaintiff from taking meal and 4 rest breaks in which she was relieved of all duty. 5 56. Therefore, Plaintiff is entitled to be paid as stated in subdivision (B) of section 11 6 above and subdivision (B) of section 12 above. 7 8 SEVENTH CAUSE OF ACTION 9 UNFAIR COMPETITION 10 PURSUANT TO BUSINESS & PROFESSIONS CODE §§ 17200 et seq. 11 (Against Defendants and DOES 1-25, inclusive) 12 57. As a separate and distinct cause of action, Plaintiff complains and realleges all the 13 allegations contained in this complaint, and incorporates them by reference into this cause of 14 action as though fully set forth herein, excepting those allegations which are inconsistent with this 15 cause of action. 16 58. The foregoing conduct, as alleged, violates the California Unfair Competition Law 17 (“UCL”), Cal. Bus. & Prof. Code §§ 17200 et seq. Section 17200 of the Cal. Bus. & Prof. Code 18 prohibits unfair competition by prohibiting, inter alia, any unlawful or unfair business acts or 19 practices. 20 59. Defendants committed acts of unfair competition, as defined by the UCL, by, 21 among other things, engaging in the acts and practices described herein. Defendants’ conduct as 22 herein alleged has damaged Plaintiff by denying her earned wage, including overtime, and meal 23 and rest periods and therefore was substantially injurious to Plaintiff. 24 60. Defendants’ course of conduct, acts, and practices in violation of California laws 25 constitute a separate and independent violation of the UCL. Defendants’ conduct described 26 herein violates the policy or spirit of such laws or otherwise significantly threatens or harms 27 competition. 28 /// Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 11 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 61. The harm to Plaintiff in being wrongfully denied lawfully earned wages outweighs 2 the utility, if any, of Defendants’ policies or practices and, therefore, Defendants’ actions 3 described herein constitute an unfair business practice or act within the meaning of the UCL. 4 62. The unlawful and unfair business practices and acts of Defendants, as described 5 above, has injured Plaintiff in that she was wrongfully denied the timely payment of earned 6 compensation, both at her regular rate and overtime wages, as well as meal and rest breaks. 7 63. Plaintiff seeks recovery of attorneys’ fees and costs of this action to be paid by 8 Defendants, as provided by the UCL and applicable law. 9 64. Plaintiff seeks damages in the amount of the respective unpaid wages, restitution, 10 attorneys’ fees, and cost of suit and such other legal and equitable relief from Defendants’ 11 unlawful and willful conduct as the Court deems just and proper. 12 13 EIGHTH CAUSE OF ACTION 14 WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY 15 (Against All Defendants and DOES 1 to 25, Inclusive) 16 65. As a separate and distinct cause of action, Plaintiff complains and re-alleges all of 17 allegations contained in this Complaint and incorporates them by reference into this cause of 18 action as though fully set forth herein, excepting those allegations which are inconsistent with this 19 cause of action. 20 66. Defendants’ wrongful termination of Plaintiff as described above occurred in 21 violation of fundamental public policies of the State of California, including but not limited to the 22 right to not be discriminated against because of disability, age and national origin. Such public 23 policies are reflected in Government Code §§ 12900, et seq. 24 67. These public policies inure to the benefit of the public, not just the private interests 25 of the employer and employee, because all individuals within the State are afforded these rights. 26 68. Defendants caused Plaintiff’s employment to terminate in violation of said public 27 policies. 28 /// Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 12 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 69. As a direct and proximate result of the unlawful and wrongful termination by 2 Defendants, and each of them, Plaintiff has suffered substantial losses in earnings and job 3 benefits, and has suffered humiliation and extreme and severe mental anguish and emotional 4 distress. Plaintiff is therefore entitled to general and compensatory damages in an amount to be 5 proven at the time of trial. 6 70. The acts and conduct of Defendants, and each of them, including but not limited to 7 Dr. Davtyan and Office Manager Badalyan, constituted “malice,” “oppression” and/or “fraud” (as 8 those terms are defined in California Civil Code § 3294(c)), in that it was intended by Defendants, 9 and each of them, to cause injury to Plaintiff or was despicable conduct which was carried on by 10 Defendants, and each of them, with a willful and conscious disregard of the rights of Plaintiff. 11 71. The acts of Defendants, and each of them, including but not limited to Dr. Davtyan 12 and Office Manager Badalyan, were done fraudulently, maliciously and oppressively and with the 13 advance knowledge, conscious disregard, authorization, ratification or act of oppression, within 14 the meaning of Civil Code § 3294 on the part of Defendants’ officers, directors, or managing 15 agents of the corporation. The actions and conduct of Defendants, and each of them, were 16 intended to cause injury to Plaintiff and constituted deceit and concealment of material facts 17 known to Defendants, and each of them, with the intention of Defendants to deprive Plaintiff of 18 property and legal rights, justifying an award of exemplary and punitive damages in an amount 19 according to proof. 20 72. Plaintiff is entitled to attorneys’ fees pursuant to California Code of Civil 21 Procedure § 1021.5. 22 23 PRAYER FOR RELIEF 24 WHEREFORE, Plaintiff prays judgment against the Defendants, and each of them, as 25 follows: 26 1. For economic damages according to proof; 27 2. For non-economic damages according to proof; 28 3. For prejudgment interest; Kesluk, Silverstein, Silverstein Jacob & Morrison, P.C. 13 9255 Sunset Blvd., Ste. 411 Los Angeles, CA 90069 PLAINTIFF’S COMPLAINT FOR DAMAGES Tel: (310) 273-3180 F (310) 273 6137 1 4. For an award of exemplary and punitive damages according to proof; 2 5. For reasonable attorneys' fees pursuant to Government Code § 12965(b) and Code 3 of Civil Procedure § 1021.5; 4 6. For declaratory and injunctive relief, including a declaration that the above acts are 5 unlawful and reinstatement; 6 7. For costs of suit herein incurred; and 7 8. For such other relief as the court deems proper. 8 9 DATED: March 11,2021 KESLUK, SILVERSTEIN, JACOB & 10 MORRISON, P.C. 11 12 13 By til Douglas N. Silverstein, Esq. _ Catherine J. Roland, Esq. 14 Attorneys for Plaintiff RIMA KAMALI 15 DEMAND FOR JURY TRIAL 16 Plaintiff hereby demands trialby jury on allissues so triable herein. 17 DATED: March 11, 2021 KESLUK, SILVERSTEIN, JACOB & 18 MORRISON, P.C. 19 20 21 By -------'-----tiJ__ Douglas N. Silverstein, Esq. Catherine J.Roland, Esq. 22 Attorneys for Plaintiff RIMA KAMAL! 23 24 25 26 27 28 Kesink, Silverstein. Jacob & Morrison, P,C. 14 9255 Sunset Blvd .• Ste.4ll Los Angeles. CA 90069 PLAINTIFF'S COMPLAINT FOR DAMAGES Iel(310) 2~3:3l8~