Preview
1 Abdul “Sal” Wakil (SBN 311534)
SAW LAW GROUP
2
22736 Vanowen Street, Ste 300, West Hills, CA 91307
3 Telephone: 310.765.2009 / sal@sawlawgroup.com
4 Reza Sina, SBN 250428
5 SINA LAW GROUP
3727 W. Magnolia Blvd, #277, Burbank, California 91505
6 Telephone: (310) 957-2057 / reza@sinalawgroup.com
7 Attorneys for Plaintiff HEATHER GARCIA
8
SUPERIOR COURT OF CALIFORNIA
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COUNTY OF LOS ANGELES
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(Central)
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HEATHER GARCIA, an individual, CASE NO.
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Plaintiff, COMPLAINT FOR:
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vs. 1. AGE DISCRIMINATION (FEHA);
14 2. DISABILITY DISCRIMINATION
(FEHA);
15 MEDI-CAL CONSULTING SERVICES,
INC., a California Corporation; and DOES 3. FAILURE TO PROVIDE
16 1-10, inclusive, REASONABLE ACCOMMODATION
(FEHA);
17 4. FAILURE TO ENGAGE IN
Defendants. INTERACTIVE PROCESS (FEHA);
18
5. RETALIATION (FEHA);
19 6. FAILURE TO PREVENT
DISCRIMINATION, HARASSMENT
20 AND RETALIATION (FEHA);
21 7. WRONGFUL TERMINATION IN
VIOLATION OF PUBLIC POLICY;
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JURY TRIAL DEMANDED
23
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Plaintiff Heather Garcia, based on information and belief, states as follows for his
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complaint:
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COMPLAINT
1 FACTS COMMON TO ALL CAUSES OF ACTION
2 Plaintiff Was an Exemplary Employee to His Employer
3 1. Plaintiff brings this action to recover damages against Medi-Cal Consulting
4 Services, Inc. (“MCS”) for unlawful termination of Plaintiff’ employment due taking
5 disability leave and in retaliation for taking disability leave all in violation of the Fair
6 Employment and Housing Act (Govt. Code 12900 et seq.) and public policy.
7 2. Specifically, Plaintiff had been employed by MCS for 6 years without a single
8 incident. Due to severe understaffing and mismanagement, Plaintiff was overworked, forced
9 to work through numerous breaks and eventually began having medical issues due to work-
10 related stress. In February 2022, Plaintiff filed a worker’s compensation claim. On March
11 11, 2022, while on worker’s compensation leave, she was fired.
12 Plaintiff Was Part of a Protected Class Engaging In Protected Activities
13 Yet Was Unlawfully Terminated
14 3. Protected Class. At all times relevant, Plaintiff was disabled and/or had a
15 medical condition as defined by California’s Fair Employment and Housing Act (“FEHA”).
16 4. Protected Activities. Plaintiff engaged in the following protected activities:
17 a. Reported that she was injured;
18 b. Requested time off; and
19 c. Asked that her position remain open.
20 5. Adverse Employment Action. Firing Plaintiff for taking disability leave and
21 filing a worker’s compensation claim.
22 Plaintiff’ Harm
23 6. Plaintiff’ damages are growing with time and include the following:
24 a. Loss of income;
25 b. Loss of future income;
26 c. Loss of stock options;
27 d. Substantial and profound pain and suffering and emotional distress;
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COMPLAINT
1 e. Other forms of economic and non-economic damage; and
2 f. Punitive damages in an amount up to nine times the compensatory
3 damages due to the egregious, willful and malicious conduct of MCS through managing
4 agent Barrios.
5 7. Plaintiff has performed all conditions and obligations required of her to be
6 performed.
7 Right to Sue
8 8. Plaintiff filed a timely charge of retaliation, discrimination, and harassment
9 with the DFEH and, on April 6, 2023 and received a Notice of Case Closure informing them
10 of their rights to sue. As such, Plaintiff has exhausted all of his administrative remedies.
11 9. Due to MCS baseless and wrongful termination of Plaintiff’ employment, she
12 has suffered substantial damages, including loss of income and severe emotional distress,
13 humiliation, anxiety and worrisome. In addition, MCS is subject to exposure for punitive
14 damages based upon their acts of malice, oppression and fraud as those words are used and
15 defined in Civil Code § 3294.
16 PARTIES
17 10. Plaintiff Heather Garcia is a resident of the State of California, County of
18 Riverside. At all relevant times, Plaintiff was employed by MCS.
19 11. Defendant Medi-Cal Consulting Services, Inc. (“MCS”) is a California
20 corporation. At all relevant times, MCS was Plaintiff’s employer.
21 12. Defendants DOES 1 through 10, inclusive, are sued herein under fictitious
22 names. Their true names and capacities are unknown to Plaintiff at this time. When their
23 true names and capacities are ascertained, Plaintiff will amend this complaint by inserting
24 their true names and capacities herein. Plaintiff is informed and believes and thereon alleges
25 that each of the fictitiously named Defendants is responsible in some manner for the
26 occurrences herein alleged, and that Plaintiff’s damages as herein alleged were proximately
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COMPLAINT
1 caused by those Defendants. Each reference in this complaint to “defendants,” “Defendant,”
2 or a specifically named defendant refers also to all Defendants sued under fictitious names.
3 13. Plaintiff is informed and believes and thereon alleges that each of the
4 defendants designated herein as DOE took part in and participated with Defendants in all
5 matters referred to herein and was in some manner responsible for the injuries and losses
6 suffered by Plaintiff.
7 14. Plaintiff is informed and believes and thereon alleges that at all times herein
8 mentioned each of the Defendants was the agent, servant and/or employee or occupied other
9 relationships with each of the other named Defendants and at all times herein mentioned
10 acted within the course and scope of said agency and/or employment and/or other relationship
11 and each other Defendant has ratified, consented to, and approved the acts of his agents,
12 employees, and representatives, and that each actively participated in, aided and abetted, or
13 assisted one another in the commission of the wrongdoing alleged in this Complaint.
14 JURISDICTION AND VENUE
15 15. This Court has jurisdiction over the action under Article 6, Section 10 of the
16 California Constitution, and Section 410.10 of the California Code of Civil Procedure. This
17 Court has personal jurisdiction over the parties because Plaintiff submits to the jurisdiction
18 of the Court and Defendant resides in the County of Los Angeles and the State of California.
19 16. Venue is proper within this judicial district under Section 395 of the California
20 Code of Civil Procedure because a substantial part of the acts, conduct, events or omissions
21 occurred within the State of California, Los Angeles County.
22 FIRST CAUSE OF ACTION
23 DISABILITY DISCRIMINATION (FEHA – DISABILITY)
24 (Against All Defendants)
25 17. The preceding paragraphs of this Complaint are realleged and incorporated by
26 reference.
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COMPLAINT
1 18. At all relevant times, there was an employer/employee relationship between
2 the Plaintiff and Defendants.
3 19. Defendants knew that Plaintiff had work-related stress injuries that manifested
4 in a physical injury, limiting a major life activity and required her to be on temporary
5 disability.
6 20. On or about March 11, 2022, Defendants terminated Plaintiff’s employment
7 due to his medical condition/disability.
8 21. Plaintiff was able to perform the essential job duties with reasonable
9 accommodation for his condition.
10 22. Plaintiff’s disability was a substantial motivating factor for terminating his
11 employment.
12 23. As a proximate result of Defendants’ actions, Plaintiff has suffered and
13 continues to suffer substantial losses incurred in earnings, bonuses, deferred compensation
14 and other employment benefits. As a further proximate result of Defendants' actions, Plaintiff
15 has suffered and continues to suffer emotional distress, mental anguish, embarrassment,
16 humiliation and anxiety all to his damage in an amount to be proved at trial. Plaintiff will
17 seek leave of court to amend his complaint to allege the correct amount at the time of trial or
18 according to proof at trial.
19 24. Defendants committed the acts herein despicably, maliciously, fraudulently,
20 and oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil
21 motive amounting to malice, and in conscious disregard of the rights and safety of plaintiff
22 and others. Plaintiff is thus entitled to recover punitive damages from Defendants in an
23 amount according to proof.
24 25. As a result of Defendants’ discriminatory acts as alleged in this complaint,
25 Plaintiff is entitled to reasonable attorneys' fees and costs of said suit as provided by
26 California Government Code § 12965, subsection (b).
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COMPLAINT
1 SECOND CAUSE OF ACTION
2 FAILURE TO ENGAGE IN INTERACTIVE PROCESS (FEHA)
3 (Against all Defendants)
4 26. The preceding paragraphs of this Complaint are realleged and incorporated by
5 reference.
6 27. Defendants’ actions constitute failure to engage in a timely good faith
7 interactive process in violation of FEHA. Specifically, in or around February 2022, Plaintiff
8 had work-related stress injuries that manifested in a physical injury, limiting a major life
9 activity and required her to be on temporary disability. At no time did Defendants attempt
10 to interact with Plaintiff about her ability to return to work.
11 28. As a proximate result of the wrongful conduct of Defendants, Plaintiff has
12 suffered and continues to suffer a loss in earnings and other employment benefits according
13 to proof at time of trial.
14 29. As a proximate result of the wrongful conduct of Defendants, Plaintiff has
15 suffered humiliation, emotional distress and mental pain and anguish all to his damages in an
16 amount according to proof at trial.
17 30. In doing the acts herein alleged, Defendants acted with oppression, malice,
18 and/or conscious disregard of Plaintiff’s rights and Plaintiff is therefore entitled to punitive
19 damages.
20 31. As a result of Defendants’ discriminatory acts as alleged in this complaint,
21 Plaintiff is entitled to reasonable attorneys' fees and costs of said suit as provided by
22 California Government Code § 12965, subsection (b).
23 THIRD CAUSE OF ACTION
24 FAILURE TO PROVIDE REASONABLE ACCOMMODATION (FEHA)
25 (Against all Defendants)
26 32. The preceding paragraphs of this Complaint are realleged and incorporated by
27 reference.
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COMPLAINT
1 33. Defendants’ actions constitute failure to provide reasonable accommodation in
2 violation of FEHA. Specifically, in or around February 2022, Plaintiff had work-related
3 stress injuries that manifested in a physical injury, limiting a major life activity and required
4 her to be on temporary disability. At no time did Defendants attempt to interact with Plaintiff
5 about her ability to return to work. Plaintiff was ready and willing to return to work upon
6 release from her doctors.
7 34. As a proximate result of the wrongful conduct of Defendants, Plaintiff has
8 suffered and continues to suffer a loss in earnings and other employment benefits according
9 to proof at time of trial. As a proximate result of the wrongful conduct of Defendants,
10 Plaintiff has suffered humiliation, emotional distress and mental pain and anguish all to his
11 damages in an amount according to proof at trial.
12 35. In doing the acts herein alleged, Defendants acted with oppression, malice,
13 and/or conscious disregard of Plaintiff’s rights and Plaintiff is therefore entitled to punitive
14 damages.
15 36. As a result of Defendants’ discriminatory acts as alleged in this complaint,
16 Plaintiff is entitled to reasonable attorneys' fees and costs of said suit as provided by
17 California Government Code § 12965, subsection (b).
18 FOURTH CAUSE OF ACTION
19 RETALIATION IN VIOLATION OF FEHA
20 CAL. GOV. CODE §§ 12940
21 (Against all Defendants)
22 37. The preceding paragraphs of this Complaint are realleged and incorporated by
23 reference.
24 38. At all relevant times, there was an employer/employee relationship between
25 the Plaintiff and Defendants.
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COMPLAINT
1 39. Defendants terminated Plaintiff’s employment for taking disability leave for a
2 work related injury. Defendant’s further retaliated against Plaintiff for protesting against the
3 lack of rest breaks.
4 40. Plaintiff's request for worker’s compensation leave and filing a worker’s
5 compensation claim was a motivating reason for her termination in violation of the Fair
6 Employment and Housing Act, Cal. Gov't Code §§ 12940 et seq. (Disability Discrimination)
7 41. Defendants’ retaliatory conduct was a substantial factor in causing Plaintiff’s
8 harm.
9 42. As a proximate result of Defendants’ actions, Plaintiff has suffered and
10 continues to suffer substantial losses incurred in earnings, bonuses, deferred compensation
11 and other employment benefits. As a further proximate result of Defendants' actions, Plaintiff
12 has suffered and continues to suffer emotional distress, mental anguish, embarrassment,
13 humiliation and anxiety all to his damage in an amount to be proved at trial. Plaintiff will
14 seek leave of court to amend his complaint to allege the correct amount at the time of trial or
15 according to proof at trial.
16 43. Defendants committed the above acts maliciously, fraudulently and
17 oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil
18 motive amounting to despicable conduct, and in conscious disregard of Plaintiff's rights. The
19 acts alleged above were known to, authorized and ratified by Defendants. Plaintiff is,
20 therefore, entitled to recover punitive damages from Defendant in an amount according to
21 proof.
22 44. As a result of Defendant’s discriminatory acts as alleged in this complaint,
23 Plaintiff is entitled to reasonable attorneys' fees and costs of said suit as provided by
24 California Government Code § 12965, subsection (b).
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COMPLAINT
1 FIFTH CAUSE OF ACTION
2 FAILURE TO PREVENT DISCRIMINATION, HARASSMENT AND
3 RETALIATION GOVERNMENT CODE SECTION 12940 ET SEQ.)
4 (Against all Defendants)
5 45. The preceding paragraphs of this Complaint are realleged and incorporated by
6 reference.
7 46. At all times mentioned in this complaint, Government Code § 12940(k) was in
8 full force and effect and was binding on Defendants. This subsection requires Defendants to
9 take all reasonable steps necessary to prevent discrimination, harassment and retaliation from
10 occurring. As alleged above, Defendants violated this subsection by failing to take all
11 reasonable steps necessary to prevent discrimination and retaliation from occurring against
12 Plaintiff. Indeed, Defendants to no steps, let alone reasonable steps.
13 47. As a proximate result of Defendants’ failure to take reasonable steps to prevent
14 discrimination, harassment and retaliation against Plaintiff, Plaintiff has suffered and
15 continues to suffer substantial losses in earnings and the value of other employment benefits
16 and has suffered and continues to suffer severe emotional and mental distress, anguish,
17 humiliation, embarrassment and shock, all to his damage in an amount according to proof.
18 48. Defendants committed the above acts maliciously, fraudulently and
19 oppressively, with the wrongful intention of injuring plaintiff, from an improper and evil
20 motive amounting to despicable conduct, and in conscious disregard of Plaintiff's rights. The
21 acts alleged above were known to, authorized and ratified by Defendants. Plaintiff is,
22 therefore, entitled to recover punitive damages from Defendants in an amount according to
23 proof.
24 49. As a result of Defendants’ acts as alleged in this complaint, Plaintiff is entitled
25 to reasonable attorneys' fees and costs of said suit as provided by California Government
26 Code section 12965, subsection (b).
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COMPLAINT
1 SIXTH CAUSE OF ACTION
2 WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY
3 (Against all Defendants)
4 50. The preceding paragraphs of this Complaint are realleged and incorporated by
5 reference.
6 51. At all relevant times, there was an employer/employee relationship between
7 the Plaintiff and Defendants.
8 52. Plaintiff's employment was terminated as a result of Defendants' violation of
9 fundamental public policies. It is against fundamental California Public Policy to
10 discriminate and harass an employee on the basis disability and reporting illegal activities.
11 53. As a proximate result of Defendants' actions, Plaintiff has suffered and
12 continues to suffer substantial losses incurred in earnings, bonuses, deferred compensation
13 and other employment benefits. As a further proximate result of Defendants' actions, Plaintiff
14 has suffered and continues to suffer emotional distress, mental anguish, embarrassment,
15 humiliation and anxiety all to his damage in an amount to be proved at trial. Plaintiff will
16 seek leave of court to amend his complaint to allege the correct amount at the time of trial or
17 according to proof at trial.
18 54. Defendants, and each of them, did the acts above maliciously, fraudulently and
19 oppressively, amounting to despicable conduct, and in conscious disregard of Plaintiff's
20 rights. The acts alleged herein were known to, authorized and ratified by Defendants. Plaintiff
21 is, therefore, entitled to recover punitive damages from Defendants, and each of them, in an
22 amount according to proof.
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COMPLAINT
1 PRAYER FOR RELIEF
2 WHEREFORE, Plaintiff requests that the Court enter an order or judgment against
3 the Defendants, and each of them, as follows:
4 1. For general and special damages, according to proof;
5 2. For punitive and/or exemplary damages;
6 3. For costs of suit herein, including attorneys’ fees, according to proof and
7 applicable law; and
8 4. For such other and further relief as the Court deems just and proper.
9
10 DEMAND FOR JURY TRIAL
11 Plaintiff demands a trial by jury in this action.
12
Dated: December 12, 2023 SINALAW GROUP
13 SAW LAW GROUP
14
15 By: /s/ Reza Sina
Reza Sina
16 Attorneys for Plaintiff
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COMPLAINT
Preview
1 Abdul “Sal” Wakil (SBN 311534) SAW LAW GROUP 2 22736 Vanowen Street, Ste 300, West Hills, CA 91307 3 Telephone: 310.765.2009 / sal@sawlawgroup.com 4 Reza Sina, SBN 250428 5 SINA LAW GROUP 3727 W. Magnolia Blvd, #277, Burbank, California 91505 6 Telephone: (310) 957-2057 / reza@sinalawgroup.com 7 Attorneys for Plaintiff HEATHER GARCIA 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF LOS ANGELES 10 (Central) 11 HEATHER GARCIA, an individual, CASE NO. 12 Plaintiff, COMPLAINT FOR: 13 vs. 1. AGE DISCRIMINATION (FEHA); 14 2. DISABILITY DISCRIMINATION (FEHA); 15 MEDI-CAL CONSULTING SERVICES, INC., a California Corporation; and DOES 3. FAILURE TO PROVIDE 16 1-10, inclusive, REASONABLE ACCOMMODATION (FEHA); 17 4. FAILURE TO ENGAGE IN Defendants. INTERACTIVE PROCESS (FEHA); 18 5. RETALIATION (FEHA); 19 6. FAILURE TO PREVENT DISCRIMINATION, HARASSMENT 20 AND RETALIATION (FEHA); 21 7. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY; 22 JURY TRIAL DEMANDED 23 24 Plaintiff Heather Garcia, based on information and belief, states as follows for his 25 complaint: 26 27 28 -1- COMPLAINT 1 FACTS COMMON TO ALL CAUSES OF ACTION 2 Plaintiff Was an Exemplary Employee to His Employer 3 1. Plaintiff brings this action to recover damages against Medi-Cal Consulting 4 Services, Inc. (“MCS”) for unlawful termination of Plaintiff’ employment due taking 5 disability leave and in retaliation for taking disability leave all in violation of the Fair 6 Employment and Housing Act (Govt. Code 12900 et seq.) and public policy. 7 2. Specifically, Plaintiff had been employed by MCS for 6 years without a single 8 incident. Due to severe understaffing and mismanagement, Plaintiff was overworked, forced 9 to work through numerous breaks and eventually began having medical issues due to work- 10 related stress. In February 2022, Plaintiff filed a worker’s compensation claim. On March 11 11, 2022, while on worker’s compensation leave, she was fired. 12 Plaintiff Was Part of a Protected Class Engaging In Protected Activities 13 Yet Was Unlawfully Terminated 14 3. Protected Class. At all times relevant, Plaintiff was disabled and/or had a 15 medical condition as defined by California’s Fair Employment and Housing Act (“FEHA”). 16 4. Protected Activities. Plaintiff engaged in the following protected activities: 17 a. Reported that she was injured; 18 b. Requested time off; and 19 c. Asked that her position remain open. 20 5. Adverse Employment Action. Firing Plaintiff for taking disability leave and 21 filing a worker’s compensation claim. 22 Plaintiff’ Harm 23 6. Plaintiff’ damages are growing with time and include the following: 24 a. Loss of income; 25 b. Loss of future income; 26 c. Loss of stock options; 27 d. Substantial and profound pain and suffering and emotional distress; 28 -2- COMPLAINT 1 e. Other forms of economic and non-economic damage; and 2 f. Punitive damages in an amount up to nine times the compensatory 3 damages due to the egregious, willful and malicious conduct of MCS through managing 4 agent Barrios. 5 7. Plaintiff has performed all conditions and obligations required of her to be 6 performed. 7 Right to Sue 8 8. Plaintiff filed a timely charge of retaliation, discrimination, and harassment 9 with the DFEH and, on April 6, 2023 and received a Notice of Case Closure informing them 10 of their rights to sue. As such, Plaintiff has exhausted all of his administrative remedies. 11 9. Due to MCS baseless and wrongful termination of Plaintiff’ employment, she 12 has suffered substantial damages, including loss of income and severe emotional distress, 13 humiliation, anxiety and worrisome. In addition, MCS is subject to exposure for punitive 14 damages based upon their acts of malice, oppression and fraud as those words are used and 15 defined in Civil Code § 3294. 16 PARTIES 17 10. Plaintiff Heather Garcia is a resident of the State of California, County of 18 Riverside. At all relevant times, Plaintiff was employed by MCS. 19 11. Defendant Medi-Cal Consulting Services, Inc. (“MCS”) is a California 20 corporation. At all relevant times, MCS was Plaintiff’s employer. 21 12. Defendants DOES 1 through 10, inclusive, are sued herein under fictitious 22 names. Their true names and capacities are unknown to Plaintiff at this time. When their 23 true names and capacities are ascertained, Plaintiff will amend this complaint by inserting 24 their true names and capacities herein. Plaintiff is informed and believes and thereon alleges 25 that each of the fictitiously named Defendants is responsible in some manner for the 26 occurrences herein alleged, and that Plaintiff’s damages as herein alleged were proximately 27 28 -3- COMPLAINT 1 caused by those Defendants. Each reference in this complaint to “defendants,” “Defendant,” 2 or a specifically named defendant refers also to all Defendants sued under fictitious names. 3 13. Plaintiff is informed and believes and thereon alleges that each of the 4 defendants designated herein as DOE took part in and participated with Defendants in all 5 matters referred to herein and was in some manner responsible for the injuries and losses 6 suffered by Plaintiff. 7 14. Plaintiff is informed and believes and thereon alleges that at all times herein 8 mentioned each of the Defendants was the agent, servant and/or employee or occupied other 9 relationships with each of the other named Defendants and at all times herein mentioned 10 acted within the course and scope of said agency and/or employment and/or other relationship 11 and each other Defendant has ratified, consented to, and approved the acts of his agents, 12 employees, and representatives, and that each actively participated in, aided and abetted, or 13 assisted one another in the commission of the wrongdoing alleged in this Complaint. 14 JURISDICTION AND VENUE 15 15. This Court has jurisdiction over the action under Article 6, Section 10 of the 16 California Constitution, and Section 410.10 of the California Code of Civil Procedure. This 17 Court has personal jurisdiction over the parties because Plaintiff submits to the jurisdiction 18 of the Court and Defendant resides in the County of Los Angeles and the State of California. 19 16. Venue is proper within this judicial district under Section 395 of the California 20 Code of Civil Procedure because a substantial part of the acts, conduct, events or omissions 21 occurred within the State of California, Los Angeles County. 22 FIRST CAUSE OF ACTION 23 DISABILITY DISCRIMINATION (FEHA – DISABILITY) 24 (Against All Defendants) 25 17. The preceding paragraphs of this Complaint are realleged and incorporated by 26 reference. 27 28 -4- COMPLAINT 1 18. At all relevant times, there was an employer/employee relationship between 2 the Plaintiff and Defendants. 3 19. Defendants knew that Plaintiff had work-related stress injuries that manifested 4 in a physical injury, limiting a major life activity and required her to be on temporary 5 disability. 6 20. On or about March 11, 2022, Defendants terminated Plaintiff’s employment 7 due to his medical condition/disability. 8 21. Plaintiff was able to perform the essential job duties with reasonable 9 accommodation for his condition. 10 22. Plaintiff’s disability was a substantial motivating factor for terminating his 11 employment. 12 23. As a proximate result of Defendants’ actions, Plaintiff has suffered and 13 continues to suffer substantial losses incurred in earnings, bonuses, deferred compensation 14 and other employment benefits. As a further proximate result of Defendants' actions, Plaintiff 15 has suffered and continues to suffer emotional distress, mental anguish, embarrassment, 16 humiliation and anxiety all to his damage in an amount to be proved at trial. Plaintiff will 17 seek leave of court to amend his complaint to allege the correct amount at the time of trial or 18 according to proof at trial. 19 24. Defendants committed the acts herein despicably, maliciously, fraudulently, 20 and oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil 21 motive amounting to malice, and in conscious disregard of the rights and safety of plaintiff 22 and others. Plaintiff is thus entitled to recover punitive damages from Defendants in an 23 amount according to proof. 24 25. As a result of Defendants’ discriminatory acts as alleged in this complaint, 25 Plaintiff is entitled to reasonable attorneys' fees and costs of said suit as provided by 26 California Government Code § 12965, subsection (b). 27 28 -5- COMPLAINT 1 SECOND CAUSE OF ACTION 2 FAILURE TO ENGAGE IN INTERACTIVE PROCESS (FEHA) 3 (Against all Defendants) 4 26. The preceding paragraphs of this Complaint are realleged and incorporated by 5 reference. 6 27. Defendants’ actions constitute failure to engage in a timely good faith 7 interactive process in violation of FEHA. Specifically, in or around February 2022, Plaintiff 8 had work-related stress injuries that manifested in a physical injury, limiting a major life 9 activity and required her to be on temporary disability. At no time did Defendants attempt 10 to interact with Plaintiff about her ability to return to work. 11 28. As a proximate result of the wrongful conduct of Defendants, Plaintiff has 12 suffered and continues to suffer a loss in earnings and other employment benefits according 13 to proof at time of trial. 14 29. As a proximate result of the wrongful conduct of Defendants, Plaintiff has 15 suffered humiliation, emotional distress and mental pain and anguish all to his damages in an 16 amount according to proof at trial. 17 30. In doing the acts herein alleged, Defendants acted with oppression, malice, 18 and/or conscious disregard of Plaintiff’s rights and Plaintiff is therefore entitled to punitive 19 damages. 20 31. As a result of Defendants’ discriminatory acts as alleged in this complaint, 21 Plaintiff is entitled to reasonable attorneys' fees and costs of said suit as provided by 22 California Government Code § 12965, subsection (b). 23 THIRD CAUSE OF ACTION 24 FAILURE TO PROVIDE REASONABLE ACCOMMODATION (FEHA) 25 (Against all Defendants) 26 32. The preceding paragraphs of this Complaint are realleged and incorporated by 27 reference. 28 -6- COMPLAINT 1 33. Defendants’ actions constitute failure to provide reasonable accommodation in 2 violation of FEHA. Specifically, in or around February 2022, Plaintiff had work-related 3 stress injuries that manifested in a physical injury, limiting a major life activity and required 4 her to be on temporary disability. At no time did Defendants attempt to interact with Plaintiff 5 about her ability to return to work. Plaintiff was ready and willing to return to work upon 6 release from her doctors. 7 34. As a proximate result of the wrongful conduct of Defendants, Plaintiff has 8 suffered and continues to suffer a loss in earnings and other employment benefits according 9 to proof at time of trial. As a proximate result of the wrongful conduct of Defendants, 10 Plaintiff has suffered humiliation, emotional distress and mental pain and anguish all to his 11 damages in an amount according to proof at trial. 12 35. In doing the acts herein alleged, Defendants acted with oppression, malice, 13 and/or conscious disregard of Plaintiff’s rights and Plaintiff is therefore entitled to punitive 14 damages. 15 36. As a result of Defendants’ discriminatory acts as alleged in this complaint, 16 Plaintiff is entitled to reasonable attorneys' fees and costs of said suit as provided by 17 California Government Code § 12965, subsection (b). 18 FOURTH CAUSE OF ACTION 19 RETALIATION IN VIOLATION OF FEHA 20 CAL. GOV. CODE §§ 12940 21 (Against all Defendants) 22 37. The preceding paragraphs of this Complaint are realleged and incorporated by 23 reference. 24 38. At all relevant times, there was an employer/employee relationship between 25 the Plaintiff and Defendants. 26 27 28 -7- COMPLAINT 1 39. Defendants terminated Plaintiff’s employment for taking disability leave for a 2 work related injury. Defendant’s further retaliated against Plaintiff for protesting against the 3 lack of rest breaks. 4 40. Plaintiff's request for worker’s compensation leave and filing a worker’s 5 compensation claim was a motivating reason for her termination in violation of the Fair 6 Employment and Housing Act, Cal. Gov't Code §§ 12940 et seq. (Disability Discrimination) 7 41. Defendants’ retaliatory conduct was a substantial factor in causing Plaintiff’s 8 harm. 9 42. As a proximate result of Defendants’ actions, Plaintiff has suffered and 10 continues to suffer substantial losses incurred in earnings, bonuses, deferred compensation 11 and other employment benefits. As a further proximate result of Defendants' actions, Plaintiff 12 has suffered and continues to suffer emotional distress, mental anguish, embarrassment, 13 humiliation and anxiety all to his damage in an amount to be proved at trial. Plaintiff will 14 seek leave of court to amend his complaint to allege the correct amount at the time of trial or 15 according to proof at trial. 16 43. Defendants committed the above acts maliciously, fraudulently and 17 oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil 18 motive amounting to despicable conduct, and in conscious disregard of Plaintiff's rights. The 19 acts alleged above were known to, authorized and ratified by Defendants. Plaintiff is, 20 therefore, entitled to recover punitive damages from Defendant in an amount according to 21 proof. 22 44. As a result of Defendant’s discriminatory acts as alleged in this complaint, 23 Plaintiff is entitled to reasonable attorneys' fees and costs of said suit as provided by 24 California Government Code § 12965, subsection (b). 25 26 27 28 -8- COMPLAINT 1 FIFTH CAUSE OF ACTION 2 FAILURE TO PREVENT DISCRIMINATION, HARASSMENT AND 3 RETALIATION GOVERNMENT CODE SECTION 12940 ET SEQ.) 4 (Against all Defendants) 5 45. The preceding paragraphs of this Complaint are realleged and incorporated by 6 reference. 7 46. At all times mentioned in this complaint, Government Code § 12940(k) was in 8 full force and effect and was binding on Defendants. This subsection requires Defendants to 9 take all reasonable steps necessary to prevent discrimination, harassment and retaliation from 10 occurring. As alleged above, Defendants violated this subsection by failing to take all 11 reasonable steps necessary to prevent discrimination and retaliation from occurring against 12 Plaintiff. Indeed, Defendants to no steps, let alone reasonable steps. 13 47. As a proximate result of Defendants’ failure to take reasonable steps to prevent 14 discrimination, harassment and retaliation against Plaintiff, Plaintiff has suffered and 15 continues to suffer substantial losses in earnings and the value of other employment benefits 16 and has suffered and continues to suffer severe emotional and mental distress, anguish, 17 humiliation, embarrassment and shock, all to his damage in an amount according to proof. 18 48. Defendants committed the above acts maliciously, fraudulently and 19 oppressively, with the wrongful intention of injuring plaintiff, from an improper and evil 20 motive amounting to despicable conduct, and in conscious disregard of Plaintiff's rights. The 21 acts alleged above were known to, authorized and ratified by Defendants. Plaintiff is, 22 therefore, entitled to recover punitive damages from Defendants in an amount according to 23 proof. 24 49. As a result of Defendants’ acts as alleged in this complaint, Plaintiff is entitled 25 to reasonable attorneys' fees and costs of said suit as provided by California Government 26 Code section 12965, subsection (b). 27 28 -9- COMPLAINT 1 SIXTH CAUSE OF ACTION 2 WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY 3 (Against all Defendants) 4 50. The preceding paragraphs of this Complaint are realleged and incorporated by 5 reference. 6 51. At all relevant times, there was an employer/employee relationship between 7 the Plaintiff and Defendants. 8 52. Plaintiff's employment was terminated as a result of Defendants' violation of 9 fundamental public policies. It is against fundamental California Public Policy to 10 discriminate and harass an employee on the basis disability and reporting illegal activities. 11 53. As a proximate result of Defendants' actions, Plaintiff has suffered and 12 continues to suffer substantial losses incurred in earnings, bonuses, deferred compensation 13 and other employment benefits. As a further proximate result of Defendants' actions, Plaintiff 14 has suffered and continues to suffer emotional distress, mental anguish, embarrassment, 15 humiliation and anxiety all to his damage in an amount to be proved at trial. Plaintiff will 16 seek leave of court to amend his complaint to allege the correct amount at the time of trial or 17 according to proof at trial. 18 54. Defendants, and each of them, did the acts above maliciously, fraudulently and 19 oppressively, amounting to despicable conduct, and in conscious disregard of Plaintiff's 20 rights. The acts alleged herein were known to, authorized and ratified by Defendants. Plaintiff 21 is, therefore, entitled to recover punitive damages from Defendants, and each of them, in an 22 amount according to proof. 23 24 25 26 27 28 - 10 - COMPLAINT 1 PRAYER FOR RELIEF 2 WHEREFORE, Plaintiff requests that the Court enter an order or judgment against 3 the Defendants, and each of them, as follows: 4 1. For general and special damages, according to proof; 5 2. For punitive and/or exemplary damages; 6 3. For costs of suit herein, including attorneys’ fees, according to proof and 7 applicable law; and 8 4. For such other and further relief as the Court deems just and proper. 9 10 DEMAND FOR JURY TRIAL 11 Plaintiff demands a trial by jury in this action. 12 Dated: December 12, 2023 SINALAW GROUP 13 SAW LAW GROUP 14 15 By: /s/ Reza Sina Reza Sina 16 Attorneys for Plaintiff 17 18 19 20 21 22 23 24 25 26 27 28 - 11 - COMPLAINT