Preview
1
John D. Winer, Esq. (SBN 91078)
2 Matthew P. Vandall, Esq. (SBN 196962)
Jessica L. Hart, Esq. (SBN 331441)
3 WINER, BURRITT & SCOTT LLP
1901 HARRISON STREET, SUITE 1100
4 OAKLAND, CALIFORNIA 94612
matt@wbslawyers.com
5
jessica@wbslawyers.com
6 Tel (510) 433-1000
Fax (510) 433-1001
7
Attorneys for Plaintiff
8 TUNAHAN CEBECI
9
10
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
IN AND FOR THE COUNTY OF SAN MATEO
12
13
14 TUNAHAN CEBECI, an individual, Case No.: 24-CIV-00443
15 Plaintiff, FIRST AMENDED COMPLAINT FOR
16 DAMAGES
v. (Unlimited Jurisdiction)
17
FEDEX OFFICE AND PRINT SERVICES, 1. Sex Harassment (Gov’t Code, §
18 INC., a Texas Corporation; DAVID ROBINS 12940(j));
an individual; and DOES 1-25, inclusive, 2. Failure to Take Reasonable Steps to
19 Prevent and/or Correct Discrimination
Defendants. and Harassment (Gov’t Code, §§
20
12940 (j), (k));
21 3. Negligent Hiring, Supervision, and
Retention;
22 4. Intentional Infliction of Emotional
Distress;
23 5. Sex Discrimination (Gov’t Code, §
24 12940(a)); and
6. Wrongful Constructive Termination in
25 Violation of Public Policy.
26 JURY TRIAL DEMANDED; PUNITIVE
DAMAGES SOUGHT
27
28
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First Amended Complaint for Damages 1
1 Plaintiff TUNAHAN CEBECI (hereinafter sometimes referred to as “Plaintiff” or
2 “CEBECI”) for his complaint against Defendants FEDEX OFFICE AND PRINT SERVICES,
3 INC., (hereinafter sometimes referred to as “Defendant” or “FEDEX”); DAVID ROBINS
4 (hereinafter sometimes referred to as “Defendant” or “ROBINS”); and DOES 1-25, inclusive
5 (hereinafter sometimes collectively referred to as “Defendants”), alleges as follows:
6
7 JURISDICTION AND VENUE
8 1. Venue is proper because the injuries and wrongful acts occurred in San Mateo
9 County.
10 2. Subject matter in this action is properly heard in this Court, as the action
11 incorporates an amount in controversy as set forth in the complaint which exceeds $25,000.00.
12 3. At all times mentioned herein, California Government Code sections 12900, et seq.,
13 were in full force and effect, and was binding upon Defendants, and each of them.
14 4. At all times material to this complaint, Defendants were employers within the
15 meaning of California Government Code section 12926(d) and 12940(j)(4)(A) and, as such, are
16 barred from harassing employees on the basis of sex as set forth in Government Code section
17 12900, et seq., and are further required to take necessary steps to ensure an harassment-free
18 working environment; and, further to not retaliate against employees complaining of harassment
19 in the workplace.
20 5. On or about January 24, 2024, and within the time provided by law, Plaintiff filed
21 verified charges of harassment with the California Civil Rights Department (“CCRD”). On or
22 about January 24, 2024, Plaintiff received his “Right to Sue” Notice. The Complaint and Right to
23 Sue letter hereto are attached as Exhibit A. Plaintiff now timely files this action.
24 PARTIES
25 6. Plaintiff is a male adult natural person who is and was at all times mentioned herein,
26 a resident of California.
27 7. Defendant FEDEX OFFICE AND PRINT SERVICES, INC. (“FEDEX”) is a Texas
28 Corporation, which was at all times relevant to this Complaint, regularly doing business in San
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First Amended Complaint for Damages 2
1 Mateo, California. FEDEX was at all times material to this Complaint the employer of the Plaintiff
2 and of Defendants ROBINS, and/or DOES 1-25.
3 8. Defendant DAVID ROBINS is an adult natural person who Plaintiff is informed
4 and believes, and hereon alleges, is a resident of the state of California, and is therefore subject to
5 the jurisdiction of this Court. Plaintiff is informed and believes, and hereon alleges, that Defendant
6 ROBINS was, at all times relevant to this Complaint, a supervising employee and/or managing
7 agent of FEDEX, and/or DOES 1-25, acting in the course and scope of his employment with
8 Defendants FEDEX, and/or DOES 1-25, with supervisory authority over Plaintiff.
9 9. The true names or capacities, whether individual, corporate, associate or otherwise,
10 of DOES 1-25, inclusive, are unknown to Plaintiff, who therefore sues such defendants by such
11 fictitious names. Plaintiff is informed and believes, and hereon alleges that each of the Defendants
12 designated herein as DOE is legally responsible in some manner (as the agent, alter-ego, partner
13 and/or employee of the co-defendant) for the events and happenings herein referred to and in doing
14 the actions mentioned below was acting individually and as an agent of Defendants, and/or DOES
15 1-25. Plaintiff will amend this Complaint to allege the true names and capacities of such
16 defendants when they are ascertained.
17 10. Plaintiff is informed and believes, and hereon alleges that at all times relevant
18 herein, each of the Defendants, including Does 1-25, were the agent, employee, supervisor,
19 servant, and/or joint venturer of each of the remaining Defendants, and in doing the things hereafter
20 alleged, each Defendant was acting within the course, scope and authority of such agency,
21 employment, and/or joint venture, and with the consent and permission of each of the other
22 Defendants. Plaintiff is informed and believes, and hereon alleges that all actions of each
23 Defendant alleged in the causes of action in which this paragraph is incorporated by reference were
24 ratified and approved by the officers and/or managing agents of every other Defendant.
25 11. At all times mentioned herein, the Defendants FEDEX and/or DOES 1-25 were
26 negligent and/or reckless in that they knew or should have known about ROBINS’s acts of and
27 propensity to commit acts of harassment and failed to take immediate and appropriate corrective
28 action.
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First Amended Complaint for Damages 3
1 12. In doing the acts complained of herein, Defendant ROBINS acted individually, and
2 as an agent of Defendant FEDEX, and/or DOES 1-25, and as such, Defendants FEDEX and/or
3 DOES 1-25 are liable for ROBINS’ acts of unlawful harassment. Defendants FEDEX and/or
4 DOES 1-25 are also strictly liable for ROBINS’ acts of unlawful harassment as alleged herein
5 because ROBINS was at all times relevant to this complaint a supervisor and/or managing agent
6 for Defendants FEDEX and/or DOES 1-25. Defendant ROBINS is also personally liable for his
7 acts of unlawful harassment pursuant to Government Code section 12940(j)(3).
8 FACTS ALLEGED
9
13. Plaintiff TUNAHAN CEBECI began working as a Store Associate at FEDEX
10
Store Number 5182 on January 30, 2023, in Redwood City, California. Plaintiff CEBECI is a
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twenty-one-year-old Muslim man.
12
14. Shortly after CEBECI began working at FEDEX, his immediate supervisor,
13
ROBINS, began sexually harassing him.
14
15. Defendant ROBINS took the following actions against Plaintiff:
15
a. Defendant ROBINS told Plaintiff that he likes minors and that “everyone’s got a
16
little bit of rape in them”;
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b. Plaintiff told Defendant ROBINS that he would never consider a gay relationship.
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Defendant said, “we’ll see about that” and “I can change that if I wanted to”;
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c. Defendant called himself Plaintiff’s “Daddy”;
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d. Defendant ROBINS told Plaintiff, “You’re my boy toy”;
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e. Defendant ROBINS told Plaintiff that Defendant ROBINS waited for his friends’
22
brother to turn legal so he could get him drunk and seduce him;
23
f. Defendant ROBINS sniffed Plaintiff multiple times;
24
g. Defendant ROBINS told Plaintiff that he only hires young people for their looks
25
and that Plaintiff’s good looks were why he hired him;
26
h. Defendant ROBINS told Plaintiff, “you’d look good in this little skirt”;
27
28
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First Amended Complaint for Damages 4
1 i. Defendant ROBINS told Plaintiff many times that he could not wait until Plaintiff
2 turns 21 so that so Defendant ROBINS can take Plaintiff out to bars and get him
3 drunk;
4 j. Defendant ROBINS would constantly and purposefully bump into Plaintiff and
5 lightly push him/block Plaintiff’s way at work;
6 k. Defendant ROBINS told Plaintiff, “I would throw you around like a rag doll”;
7 l. Defendant ROBINS would purposefully drop things at his feet and call Plaintiff
8 over to pick them up.
9 m. On or about October 30, 2023, Defendant ROBINS ran his fingers through
10 Plaintiff’s hair and moaned.
11 n. Defendant ROBINS admitted to Plaintiff that he had been accused of sexual
12 harassment at prior jobs, but got away with it, and laughed about it.
13 o. Upon information and belief, Defendant FEDEX was aware of Defendant
14 ROBINS’ sexual harassment towards Plaintiff and others but did not take any
15 remedial action.
16 16. On or about November 23, 2023, Plaintiff was so distraught by Defendant
17 ROBINS’ harassment that left his FEDEX job and returned to his childhood home. Since
18 Plaintiff left FEDEX, he has been suffering from depression, anxiety, shame, and loss of self-
19 esteem.
20 FIRST CAUSE OF ACTION
(By Plaintiff Against All Defendants, and Each of Them, for Sex-Based Harassment in
21
Violation of Government Code Section 12940(j))
22
17. The allegations set forth above are re-alleged and incorporated herein by reference
23
as though fully set forth herein.
24
18. Within the time provided by law, Plaintiff filed charges with the CCRD, in full
25
compliance with these sections, received a right-to-sue letter, and commenced this action in a
26
timely manner.
27
28
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First Amended Complaint for Damages 5
1 19. At all times mentioned herein, Government Code sections 12900, et seq., were in
2 full force and effect, and were binding on Defendants. These sections require Defendants to refrain
3 from discriminating against or harassing any employee on the basis of sex, and to take all
4 reasonable steps necessary to prevent discrimination and harassment.
5 20. The acts of Defendants, and each of them, as described more fully above, constitute
6 a pattern and continuous course of severe and pervasive unwanted harassment of Plaintiff on the
7 basis of sex in violation of Government Code sections 12940(j)(1).
8 21. The unlawful and unwanted harassment of Plaintiff by Defendants, and each of
9 them, created an oppressive, hostile, intimidating and/or offensive work environment for Plaintiff,
10 and interfered with his emotional well-being and ability to perform his duties. The unlawful
11 harassment was sufficiently severe and/or pervasive as to materially alter the terms and conditions
12 of Plaintiff’s employment, and to create an abusive working environment.
13 22. A reasonable person in Plaintiff’s circumstances would have considered the work
14 environment hostile and/or abusive.
15 23. As a direct and proximate result of the unlawful conduct of Defendants, Plaintiff
16 was harmed and suffered, and continues to suffer, special damages including, but not limited to,
17 losses in earnings, bonuses, deferred compensation, employment benefits, earning capacity,
18 opportunities for employment advancement and work experience, and other damages to be proven
19 at the time of trial.
20 24. As a direct and proximate result of the unlawful conduct of Defendants, and each
21 of them, Plaintiff was harmed and suffered, and continues to suffer, general damages including but
22 not limited to shock, embarrassment, humiliation, emotional distress, personal physical injury, and
23 other damages to be proven at the time of trial.
24 25. The conduct of Defendants, and each of them, was a substantial factor in causing
25 Plaintiff’s harm.
26 26. Defendants, and each of them, committed the acts herein alleged maliciously,
27 fraudulently, and oppressively with the wrongful intention of injuring Plaintiff from an improper
28 and evil motive amounting to malice, and in conscious disregard of the rights of Plaintiff. Plaintiff
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First Amended Complaint for Damages 6
1 is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES 1-25 knew of
2 the probable injurious consequences of Defendant ROBINS’ continued employment, including
3 unlawful harassment, but deliberately failed to avoid these consequences by deliberately choosing
4 to continue his employment and by deliberately failing to restrain him, despite ample notice, from
5 engaging in unlawful, discriminatory harassment. Such conduct was also authorized and/or
6 ratified by an owner, officer, director or managing agent of Defendants FEDEX, and/or DOES 1-
7 25. As a result of Defendants’ willful, knowing, and intentional harassment against Plaintiff, he
8 seeks an award of punitive and exemplary damages in an amount according to proof.
9 27. As a direct cause of the acts alleged above, Plaintiff had to hire the services of an
10 attorney. Plaintiff incurred and continues to incur legal expenses and attorneys’ fees and is entitled
11 to an award of attorneys’ fees and costs pursuant to Government Code section 12965(b). Plaintiff
12 is presently unaware of the precise amount of these expenses and fees and prays leave of court to
13 amend this complaint when the amounts are more fully known.
14 WHEREFORE Plaintiff prays for judgment as set forth below.
15 SECOND CAUSE OF ACTION
(By Plaintiff Against Defendants FEDEX, and/or DOES 1-25, for Failure to Take Steps to
16
Prevent and/or Correct Harassment and Discrimination in Violation of Government Code
17 Sections 12940(j) & (k))
18 28. The allegations set forth in above are re-alleged and incorporated herein by
19 reference as though fully set forth herein.
20 29. Within the time provided by law, Plaintiff filed charges with the CCRD, in full
21 compliance with these sections, received right-to-sue letters, and commenced this action in a
22 timely manner.
23 30. Plaintiff is informed and believes, and hereon alleges, that Defendants FEDEX,
24 and/or DOES 1-25 knew, or reasonably should have known, of defendant ROBINS’ propensity
25 for engaging in unlawful, harassing, and/or discriminatory conduct in the workplace and that he
26 should not have been employed with FEDEX, and/or DOES 1-25. Defendants FEDEX, and/or
27 DOES 1-25 should have restrained its employees from engaging in unlawful, discriminatory,
28 retaliatory, and/or harassing conduct and should have provided training and instruction to its
_____________________________________________________________________________
First Amended Complaint for Damages 7
1 employees on the laws pertaining to harassment, discrimination, and retaliation.
2 31. At all times herein mentioned, Government Code sections 12940(j) and (k) were in
3 full force and effect and were binding on Defendants. These sections require defendants FEDEX,
4 and/or DOES 1-25 to take all reasonable steps necessary to prevent harassment from occurring,
5 and to take immediate steps to investigate and correct such harassment when it occurred. As
6 alleged above, FEDEX, and/or DOES 1-25 violated these subsections by failing to take reasonable
7 steps necessary to prevent harassment from occurring, and/or failed to take appropriate steps to
8 investigate and correct the harassment once it occurred.
9 32. Plaintiff is informed and believes, and hereon alleges that Defendants FEDEX,
10 and/or DOES 1-25 failed to provide adequate training to its owners, directors, supervisors,
11 managers, and/or other employees.
12 33. As a direct and proximate result of the unlawful conduct of Defendants, Plaintiff
13 was harmed and suffered, and continues to suffer, special damages including, but not limited to,
14 losses in earnings, bonuses, deferred compensation, employment benefits, earning capacity,
15 opportunities for employment advancement and work experience, and other damages to be proven
16 at the time of trial.
17 34. As a direct and proximate result of the unlawful conduct of Defendants, and each
18 of them, Plaintiff was harmed and suffered, and continues to suffer, general damages including but
19 not limited to shock, embarrassment, humiliation, emotional distress, personal physical injury, and
20 other damages to be proven at the time of trial.
21 35. The conduct of Defendants FEDEX, and/or DOES 1-25 was a substantial factor in
22 causing Plaintiff’s harm.
23 36. Defendants, and each of them, committed the acts herein alleged maliciously,
24 fraudulently, and oppressively with the wrongful intention of injuring Plaintiff from an improper
25 and evil motive amounting to malice, and in conscious disregard of the rights of Plaintiff. Plaintiff
26 is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES 1-25 knew of
27 the probable injurious consequences of Defendant ROBINS’ continued employment, including
28 unlawful harassment, but deliberately failed to avoid these consequences by deliberately choosing
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First Amended Complaint for Damages 8
1 to continue his employment and by deliberately failing to restrain him, despite ample notice, from
2 engaging in unlawful, discriminatory harassment. Such conduct was also authorized and/or
3 ratified by an owner, officer, director or managing agent of Defendants FEDEX, and/or DOES 1-
4 25. As a result of Defendants’ willful, knowing, and intentional harassment against Plaintiff, he
5 seeks an award of punitive and exemplary damages in an amount according to proof.
6 37. As a direct cause of the acts alleged above, Plaintiff had to hire the services of an
7 attorney. Plaintiff incurred and continues to incur legal expenses and attorneys’ fees and is entitled
8 to an award of attorneys’ fees and costs pursuant to Government Code section 12965(b). Plaintiff
9 is presently unaware of the precise amount of these expenses and fees and prays leave of court to
10 amend this complaint when the amounts are more fully known.
11 WHEREFORE Plaintiff prays for judgment as set forth below.
12 THIRD CAUSE OF ACTION
(By Plaintiff Against Defendants FEDEX and Does 1-25,
13
for Negligent Hiring and Retention)
14 38. The allegations set forth above are re-alleged and incorporated herein by reference
15 as though fully set forth herein.
16 39. At all times relevant to this Complaint, Plaintiff was employed by Defendants
17 FEDEX, and/or DOES 1-25, and each of them.
18 40. Defendant FEDEX hired ROBINS. Plaintiff is informed and believes that ROBINS
19 has sexually harassed employees at prior jobs and that Defendants FEDEX and DOES 1-25, and
20 each of them, knew or should have known about these prior acts of sexual harassment but chose
21 to hire him anyway thereby creating a known threat to FEDEX’s current employees.
22 41. ROBINS further became unfit to be Plaintiff’s manager after he began sexually
23 harassing him.
24 42. Defendants FEDEX, and/or DOES 1-25, and each of them, knew or should have
25 known that ROBINS was unfit to be Plaintiff’s manager, and he was a risk to him.
26 43. As a direct and proximate result of the unlawful conduct of Defendants, Plaintiff
27 was harmed and suffered, and continues to suffer, special damages including, but not limited to,
28
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First Amended Complaint for Damages 9
1 losses in earnings, bonuses, deferred compensation, employment benefits, earning capacity,
2 opportunities for employment advancement and work experience, and other damages to be proven
3 at the time of trial.
4 44. As a direct and proximate result of the unlawful conduct of Defendants, and each
5 of them, Plaintiff was harmed and suffered, and continues to suffer, general damages including but
6 not limited to shock, embarrassment, humiliation, emotional distress, personal physical injury, and
7 other damages to be proven at the time of trial.
8 45. The conduct of Defendants FEDEX, and/or DOES 1-25, was a substantial factor in
9 causing Plaintiff’s harm.
10 46. Defendants FEDEX, and/or DOES 1-25 committed the acts herein alleged
11 maliciously, fraudulently, and oppressively with the wrongful intention of injuring Plaintiff from
12 an improper and evil motive amounting to malice, and in conscious disregard of the rights of
13 Plaintiff. Plaintiff is informed and believes, and hereon alleges that Defendants FEDEX, and/or
14 DOES 1-25 knew of the probable injurious consequences of hiring Defendant ROBINS and
15 continuing to employ him, including unlawful harassment, but deliberately failed to avoid these
16 consequences by deliberately choosing to hire him and continue his employment and by
17 deliberately failing to restrain him, despite ample notice, from engaging in unlawful,
18 discriminatory harassment. Such conduct was also authorized and/or ratified by an owner, officer,
19 director or managing agent of Defendants FEDEX, and/or DOES 1-25. As a result of Defendants’
20 willful, knowing, and intentional harassment against Plaintiff, he seeks an award of punitive and
21 exemplary damages in an amount according to proof.
22 47. As a direct cause of the acts alleged above, Plaintiff had to hire the services of an
23 attorney. Plaintiff incurred and continues to incur legal expenses and attorneys’ fees and is entitled
24 to an award of attorneys’ fees and costs pursuant to Government Code section 12965(b). Plaintiff
25 is presently unaware of the precise amount of these expenses and fees and prays leave of court to
26 amend this complaint when the amounts are more fully known.
27 WHEREFORE Plaintiff prays for judgment as set forth below.
28
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First Amended Complaint for Damages 10
FOURTH CAUSE OF ACTION
1 (By Plaintiff Against All Defendants, and Each of Them,
2 for Intentional Infliction of Emotional Distress)
48. The allegations set forth in paragraphs above are re-alleged and incorporated herein
3
by reference as though fully set forth herein.
4
49. At all times relevant to this Complaint, Plaintiff was employed by Defendants
5
FEDEX, and/or DOES 1-25, and each of them.
6
50. Defendants engaged in outrageous conduct, as established in the facts set forth more
7
fully above.
8
51. Defendants intended to cause and/or exhibited reckless disregard of the probability
9
of causing serious emotional distress to Plaintiff.
10
52. As a direct and proximate result of the unlawful conduct of Defendants, and each
11
of them, Plaintiff was harmed and has suffered, and continues to suffer, general damages including
12
but not limited to shock, embarrassment, humiliation, severe emotional distress, personal physical
13
injury, and other damages to be proven at the time of trial.
14
WHEREFORE, Plaintiff prays for judgment as set forth below.
15
16 FIFTH CAUSE OF ACTION
(By Plaintiff, Against Defendants FEDEX, and/or DOES 1-25, for Sex Discrimination)
17
18 53. The allegations set forth in paragraphs above are re-alleged and incorporated herein
19 by reference as though fully set forth herein.
20 54. At all times relevant to this Complaint, Plaintiff was employed by Defendants
21 FEDEX, and/or DOES 1-25, and each of them.
22 55. At all times relevant to this action, Plaintiff was a member of a protected class
23 within the meaning of California Government Code section 12940(a), because of Plaintiff’s sex. .
24 56. At all times relevant to this action, Defendants unlawfully discriminated against
25 Plaintiff, as previously alleged, on the basis of his sex.
26 57. Defendants committed adverse employment actions against Plaintiff, including but
27 not limited to, failing to address and remedy sexual harassment creating intolerable working
28 conditions for Plaintiff, which lead to his constructive discharge from his employment with
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First Amended Complaint for Damages 11
1 Defendant FEDEX.
2 58. As a direct and proximate result of the unlawful conduct of Defendants, Plaintiff
3 was harmed and suffered, and continues to suffer, special damages including, but not limited to,
4 losses in earnings, bonuses, deferred compensation, employment benefits, earning capacity,
5 opportunities for employment advancement and work experience, and other damages to be proven
6 at the time of trial.
7 59. As a direct and proximate result of the unlawful conduct of Defendants, and each
8 of them, Plaintiff was harmed and suffered, and continues to suffer, general damages including but
9 not limited to shock, embarrassment, humiliation, emotional distress, personal physical injury, and
10 other damages to be proven at the time of trial.
11 60. The conduct of Defendants FEDEX, and/or DOES 1-25, was a substantial factor in
12 causing Plaintiff’s harm.
13 61. Defendants, and each of them, committed the acts herein alleged maliciously,
14 fraudulently, and oppressively with the wrongful intention of injuring Plaintiff from an improper
15 and evil motive amounting to malice, and in conscious disregard of the rights of Plaintiff. Plaintiff
16 is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES 1-25 knew of
17 the probable injurious consequences of Defendant ROBINS’ continued employment, including
18 unlawful harassment and Plaintiff’s subsequent constructive discharge but deliberately failed to
19 avoid these consequences by deliberately choosing to continue ROBINS’ employment and by
20 deliberately failing to restrain him, despite ample notice, from engaging in unlawful,
21 discriminatory harassment. Such conduct was also authorized and/or ratified by an owner, officer,
22 director or managing agent of Defendants FEDEX, and/or DOES 1-25. As a result of Defendants’
23 willful, knowing and intentional harassment against Plaintiff, he seeks an award of punitive and
24 exemplary damages in an amount according to proof.
25 62. As a direct cause of the acts alleged above, Plaintiff had to hire the services of an
26 attorney. Plaintiff incurred and continues to incur legal expenses and attorneys’ fees and is entitled
27 to an award of attorneys’ fees and costs pursuant to Government Code section 12965(b). Plaintiff
28
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First Amended Complaint for Damages 12
1 is presently unaware of the precise amount of these expenses and fees and prays leave of court to
2 amend this complaint when the amounts are more fully known.
SIXTH CAUSE OF ACTION
3 Wrongful Constructive Discharge in Violation of Public Policy, By Plaintiff, Against
4 Defendants FEDEX, and/or DOES 1-25
63. The allegations set forth in paragraphs above are re-alleged and incorporated herein
5
by reference as though fully set forth herein.
6
64. As described above, Plaintiff was at all relevant times an employee of FEDEX
7
and/or DOES 1-25 and each of them.
8
65. Plaintiff was subjected to working conditions FEDEX and/or DOES 1-25,
9
including severe and pervasive harassment and discrimination based on his sex/gender that
10
violated public policy given that the conduct at issue, described generally above, violated
11
provisions of the FEHA that prohibits such conduct.
12
66. FEDEX and/or DOES 1-25, and their owners and executive team, intentionally
13
created or knowingly permitted these intolerable working conditions.
14
67. The working conditions were so intolerable that any reasonable person in Plaintiff’s
15
position would have had no reasonable alternative except to resign.
16
68. Plaintiff was forced to resign because of these intolerable working conditions,
17
including unabated sexual and religious harassment.
18
69. As a direct and proximate result of the intolerable working conditions, Plaintiff was
19
harmed and suffered, and continues to suffer, special damages including, but not limited to, losses
20
in earnings, bonuses, deferred compensation, employment benefits, earning capacity, opportunities
21
for employment advancement and work experience, and other damages to be proven at the time of
22
trial.
23
70. As a direct and proximate result of the intolerable working conditions, Plaintiff was
24
harmed and suffered, and continues to suffer, general damages including but not limited to shock,
25
embarrassment, humiliation, emotional distress, personal physical injury, and other damages to
26
be proven at the time of trial.
27
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First Amended Complaint for Damages 13
1 71. The intolerable working conditions created and/or tolerated by Defendants FEDEX,
2 and/or DOES 1-25, were a substantial factor in causing Plaintiff’s harm.
3 72. Defendants, and each of them, committed the acts herein alleged maliciously,
4 fraudulently, and oppressively with the wrongful intention of injuring Plaintiff from an improper
5 and evil motive amounting to malice, and in conscious disregard of the rights of Plaintiff. Plaintiff
6 is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES 1-25 knew of
7 the probable injurious consequences of Defendant ROBINS’ continued employment, including
8 unlawful harassment and Plaintiff’s subsequent constructive discharge but deliberately failed to
9 avoid these consequences by deliberately choosing to continue ROBINS’ employment and by
10 deliberately failing to restrain him, despite ample notice, from engaging in unlawful,
11 discriminatory harassment. Such conduct was also authorized and/or ratified by an owner, officer,
12 director or managing agent of Defendants FEDEX, and/or DOES 1-25. As a result of Defendants’
13 willful, knowing and intentional harassment against Plaintiff, he seeks an award of punitive and
14 exemplary damages in an amount according to proof.
15
PRAYER FOR RELIEF
16
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
17
1. For general damages in amounts according to proof;
18
2. For special damages in amounts according to proof;
19
3. For punitive damages in an amount sufficient to punish and make an example out
20
of Defendants;
21
4. For attorneys’ fees as provided by law;
22
5. For injunctive relief as provided by law;
23
6. For declaratory relief as provided by law;
24
7. For pre-judgment interest as provided by law;
25
8. For costs of suit incurred herein; and
26
27 ///
28
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First Amended Complaint for Damages 14
1 9. For such other and further relief as the Court deems fair and just.
2
3 DATED: April 15, 2024 WINER, BURRITT & SCOTT LLP
4
5 By: ____________________________________
Matthew P. Vandall, Esq.
6 Jessica L. Hart, Esq.
Attorneys for Plaintiff
7 TUNAHAN CEBECI
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First Amended Complaint for Damages 15
1 Tunahan Cebeci vs. Fedex Office and Print Services, et al.
San Mateo County Superior Court Case No. 24-CIV-00443
2
3 PROOF OF SERVICE
4 I, the undersigned, declare that I am employed in the County of Alameda, California. My
business address is 1901 Harrison Street, Suite 1100, Oakland, California 94612. I am over the age
5 of eighteen (18) years and am not a party to the within action.
6 On the date below, I served the following document(s):
7 (1) FIRST AMENDED COMPLAINT FOR DAMAGES
(2) SUMMONS ON FIRST AMENDED COMPLAINT
8
on the parties listed below, by placing a true and correct copy thereof addressed as follows:
9
10 LISA C. HAMASAKI, CA Bar No. 197628
lisa.hamasaki@ogletreedeakins.com
11 SEAN CHOI, CA Bar No. 312256
sean.choi@ogletreedeakins.com
12 OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
13 One Embarcadero Center, Suite 900
San Francisco, CA 94111
14 Telephone: (415) 442-4810
Facsimile: (415) 442-4870
15
Attorneys for Defendant
16 FEDEX OFFICE AND PRINT SERVICES, INC
17
18 BY E-MAIL OR ELECTRONIC TRANSMISSION – Based on a court order or an
agreement of the parties to accept service by e-mail or electronic transmission, I caused the
19 document(s) to be sent from email address linda@wbslawyers.com to the persons at the e-mail
addresses listed above. I did not receive, within a reasonable time after the transmission, any
20 electronic message or other indication that the transmission was unsuccessful.
21 I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
22
23 Dated: April 15, 2024
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24 Linda M. Carcamo-Rios
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PROOF OF SERVICE
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1 John D. Winer, Esq. (SBN 91078) 2 Matthew P. Vandall, Esq. (SBN 196962) Jessica L. Hart, Esq. (SBN 331441) 3 WINER, BURRITT & SCOTT LLP 1901 HARRISON STREET, SUITE 1100 4 OAKLAND, CALIFORNIA 94612 matt@wbslawyers.com 5 jessica@wbslawyers.com 6 Tel (510) 433-1000 Fax (510) 433-1001 7 Attorneys for Plaintiff 8 TUNAHAN CEBECI 9 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 IN AND FOR THE COUNTY OF SAN MATEO 12 13 14 TUNAHAN CEBECI, an individual, Case No.: 24-CIV-00443 15 Plaintiff, FIRST AMENDED COMPLAINT FOR 16 DAMAGES v. (Unlimited Jurisdiction) 17 FEDEX OFFICE AND PRINT SERVICES, 1. Sex Harassment (Gov’t Code, § 18 INC., a Texas Corporation; DAVID ROBINS 12940(j)); an individual; and DOES 1-25, inclusive, 2. Failure to Take Reasonable Steps to 19 Prevent and/or Correct Discrimination Defendants. and Harassment (Gov’t Code, §§ 20 12940 (j), (k)); 21 3. Negligent Hiring, Supervision, and Retention; 22 4. Intentional Infliction of Emotional Distress; 23 5. Sex Discrimination (Gov’t Code, § 24 12940(a)); and 6. Wrongful Constructive Termination in 25 Violation of Public Policy. 26 JURY TRIAL DEMANDED; PUNITIVE DAMAGES SOUGHT 27 28 _____________________________________________________________________________ First Amended Complaint for Damages 1 1 Plaintiff TUNAHAN CEBECI (hereinafter sometimes referred to as “Plaintiff” or 2 “CEBECI”) for his complaint against Defendants FEDEX OFFICE AND PRINT SERVICES, 3 INC., (hereinafter sometimes referred to as “Defendant” or “FEDEX”); DAVID ROBINS 4 (hereinafter sometimes referred to as “Defendant” or “ROBINS”); and DOES 1-25, inclusive 5 (hereinafter sometimes collectively referred to as “Defendants”), alleges as follows: 6 7 JURISDICTION AND VENUE 8 1. Venue is proper because the injuries and wrongful acts occurred in San Mateo 9 County. 10 2. Subject matter in this action is properly heard in this Court, as the action 11 incorporates an amount in controversy as set forth in the complaint which exceeds $25,000.00. 12 3. At all times mentioned herein, California Government Code sections 12900, et seq., 13 were in full force and effect, and was binding upon Defendants, and each of them. 14 4. At all times material to this complaint, Defendants were employers within the 15 meaning of California Government Code section 12926(d) and 12940(j)(4)(A) and, as such, are 16 barred from harassing employees on the basis of sex as set forth in Government Code section 17 12900, et seq., and are further required to take necessary steps to ensure an harassment-free 18 working environment; and, further to not retaliate against employees complaining of harassment 19 in the workplace. 20 5. On or about January 24, 2024, and within the time provided by law, Plaintiff filed 21 verified charges of harassment with the California Civil Rights Department (“CCRD”). On or 22 about January 24, 2024, Plaintiff received his “Right to Sue” Notice. The Complaint and Right to 23 Sue letter hereto are attached as Exhibit A. Plaintiff now timely files this action. 24 PARTIES 25 6. Plaintiff is a male adult natural person who is and was at all times mentioned herein, 26 a resident of California. 27 7. Defendant FEDEX OFFICE AND PRINT SERVICES, INC. (“FEDEX”) is a Texas 28 Corporation, which was at all times relevant to this Complaint, regularly doing business in San _____________________________________________________________________________ First Amended Complaint for Damages 2 1 Mateo, California. FEDEX was at all times material to this Complaint the employer of the Plaintiff 2 and of Defendants ROBINS, and/or DOES 1-25. 3 8. Defendant DAVID ROBINS is an adult natural person who Plaintiff is informed 4 and believes, and hereon alleges, is a resident of the state of California, and is therefore subject to 5 the jurisdiction of this Court. Plaintiff is informed and believes, and hereon alleges, that Defendant 6 ROBINS was, at all times relevant to this Complaint, a supervising employee and/or managing 7 agent of FEDEX, and/or DOES 1-25, acting in the course and scope of his employment with 8 Defendants FEDEX, and/or DOES 1-25, with supervisory authority over Plaintiff. 9 9. The true names or capacities, whether individual, corporate, associate or otherwise, 10 of DOES 1-25, inclusive, are unknown to Plaintiff, who therefore sues such defendants by such 11 fictitious names. Plaintiff is informed and believes, and hereon alleges that each of the Defendants 12 designated herein as DOE is legally responsible in some manner (as the agent, alter-ego, partner 13 and/or employee of the co-defendant) for the events and happenings herein referred to and in doing 14 the actions mentioned below was acting individually and as an agent of Defendants, and/or DOES 15 1-25. Plaintiff will amend this Complaint to allege the true names and capacities of such 16 defendants when they are ascertained. 17 10. Plaintiff is informed and believes, and hereon alleges that at all times relevant 18 herein, each of the Defendants, including Does 1-25, were the agent, employee, supervisor, 19 servant, and/or joint venturer of each of the remaining Defendants, and in doing the things hereafter 20 alleged, each Defendant was acting within the course, scope and authority of such agency, 21 employment, and/or joint venture, and with the consent and permission of each of the other 22 Defendants. Plaintiff is informed and believes, and hereon alleges that all actions of each 23 Defendant alleged in the causes of action in which this paragraph is incorporated by reference were 24 ratified and approved by the officers and/or managing agents of every other Defendant. 25 11. At all times mentioned herein, the Defendants FEDEX and/or DOES 1-25 were 26 negligent and/or reckless in that they knew or should have known about ROBINS’s acts of and 27 propensity to commit acts of harassment and failed to take immediate and appropriate corrective 28 action. _____________________________________________________________________________ First Amended Complaint for Damages 3 1 12. In doing the acts complained of herein, Defendant ROBINS acted individually, and 2 as an agent of Defendant FEDEX, and/or DOES 1-25, and as such, Defendants FEDEX and/or 3 DOES 1-25 are liable for ROBINS’ acts of unlawful harassment. Defendants FEDEX and/or 4 DOES 1-25 are also strictly liable for ROBINS’ acts of unlawful harassment as alleged herein 5 because ROBINS was at all times relevant to this complaint a supervisor and/or managing agent 6 for Defendants FEDEX and/or DOES 1-25. Defendant ROBINS is also personally liable for his 7 acts of unlawful harassment pursuant to Government Code section 12940(j)(3). 8 FACTS ALLEGED 9 13. Plaintiff TUNAHAN CEBECI began working as a Store Associate at FEDEX 10 Store Number 5182 on January 30, 2023, in Redwood City, California. Plaintiff CEBECI is a 11 twenty-one-year-old Muslim man. 12 14. Shortly after CEBECI began working at FEDEX, his immediate supervisor, 13 ROBINS, began sexually harassing him. 14 15. Defendant ROBINS took the following actions against Plaintiff: 15 a. Defendant ROBINS told Plaintiff that he likes minors and that “everyone’s got a 16 little bit of rape in them”; 17 b. Plaintiff told Defendant ROBINS that he would never consider a gay relationship. 18 Defendant said, “we’ll see about that” and “I can change that if I wanted to”; 19 c. Defendant called himself Plaintiff’s “Daddy”; 20 d. Defendant ROBINS told Plaintiff, “You’re my boy toy”; 21 e. Defendant ROBINS told Plaintiff that Defendant ROBINS waited for his friends’ 22 brother to turn legal so he could get him drunk and seduce him; 23 f. Defendant ROBINS sniffed Plaintiff multiple times; 24 g. Defendant ROBINS told Plaintiff that he only hires young people for their looks 25 and that Plaintiff’s good looks were why he hired him; 26 h. Defendant ROBINS told Plaintiff, “you’d look good in this little skirt”; 27 28 _____________________________________________________________________________ First Amended Complaint for Damages 4 1 i. Defendant ROBINS told Plaintiff many times that he could not wait until Plaintiff 2 turns 21 so that so Defendant ROBINS can take Plaintiff out to bars and get him 3 drunk; 4 j. Defendant ROBINS would constantly and purposefully bump into Plaintiff and 5 lightly push him/block Plaintiff’s way at work; 6 k. Defendant ROBINS told Plaintiff, “I would throw you around like a rag doll”; 7 l. Defendant ROBINS would purposefully drop things at his feet and call Plaintiff 8 over to pick them up. 9 m. On or about October 30, 2023, Defendant ROBINS ran his fingers through 10 Plaintiff’s hair and moaned. 11 n. Defendant ROBINS admitted to Plaintiff that he had been accused of sexual 12 harassment at prior jobs, but got away with it, and laughed about it. 13 o. Upon information and belief, Defendant FEDEX was aware of Defendant 14 ROBINS’ sexual harassment towards Plaintiff and others but did not take any 15 remedial action. 16 16. On or about November 23, 2023, Plaintiff was so distraught by Defendant 17 ROBINS’ harassment that left his FEDEX job and returned to his childhood home. Since 18 Plaintiff left FEDEX, he has been suffering from depression, anxiety, shame, and loss of self- 19 esteem. 20 FIRST CAUSE OF ACTION (By Plaintiff Against All Defendants, and Each of Them, for Sex-Based Harassment in 21 Violation of Government Code Section 12940(j)) 22 17. The allegations set forth above are re-alleged and incorporated herein by reference 23 as though fully set forth herein. 24 18. Within the time provided by law, Plaintiff filed charges with the CCRD, in full 25 compliance with these sections, received a right-to-sue letter, and commenced this action in a 26 timely manner. 27 28 _____________________________________________________________________________ First Amended Complaint for Damages 5 1 19. At all times mentioned herein, Government Code sections 12900, et seq., were in 2 full force and effect, and were binding on Defendants. These sections require Defendants to refrain 3 from discriminating against or harassing any employee on the basis of sex, and to take all 4 reasonable steps necessary to prevent discrimination and harassment. 5 20. The acts of Defendants, and each of them, as described more fully above, constitute 6 a pattern and continuous course of severe and pervasive unwanted harassment of Plaintiff on the 7 basis of sex in violation of Government Code sections 12940(j)(1). 8 21. The unlawful and unwanted harassment of Plaintiff by Defendants, and each of 9 them, created an oppressive, hostile, intimidating and/or offensive work environment for Plaintiff, 10 and interfered with his emotional well-being and ability to perform his duties. The unlawful 11 harassment was sufficiently severe and/or pervasive as to materially alter the terms and conditions 12 of Plaintiff’s employment, and to create an abusive working environment. 13 22. A reasonable person in Plaintiff’s circumstances would have considered the work 14 environment hostile and/or abusive. 15 23. As a direct and proximate result of the unlawful conduct of Defendants, Plaintiff 16 was harmed and suffered, and continues to suffer, special damages including, but not limited to, 17 losses in earnings, bonuses, deferred compensation, employment benefits, earning capacity, 18 opportunities for employment advancement and work experience, and other damages to be proven 19 at the time of trial. 20 24. As a direct and proximate result of the unlawful conduct of Defendants, and each 21 of them, Plaintiff was harmed and suffered, and continues to suffer, general damages including but 22 not limited to shock, embarrassment, humiliation, emotional distress, personal physical injury, and 23 other damages to be proven at the time of trial. 24 25. The conduct of Defendants, and each of them, was a substantial factor in causing 25 Plaintiff’s harm. 26 26. Defendants, and each of them, committed the acts herein alleged maliciously, 27 fraudulently, and oppressively with the wrongful intention of injuring Plaintiff from an improper 28 and evil motive amounting to malice, and in conscious disregard of the rights of Plaintiff. Plaintiff _____________________________________________________________________________ First Amended Complaint for Damages 6 1 is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES 1-25 knew of 2 the probable injurious consequences of Defendant ROBINS’ continued employment, including 3 unlawful harassment, but deliberately failed to avoid these consequences by deliberately choosing 4 to continue his employment and by deliberately failing to restrain him, despite ample notice, from 5 engaging in unlawful, discriminatory harassment. Such conduct was also authorized and/or 6 ratified by an owner, officer, director or managing agent of Defendants FEDEX, and/or DOES 1- 7 25. As a result of Defendants’ willful, knowing, and intentional harassment against Plaintiff, he 8 seeks an award of punitive and exemplary damages in an amount according to proof. 9 27. As a direct cause of the acts alleged above, Plaintiff had to hire the services of an 10 attorney. Plaintiff incurred and continues to incur legal expenses and attorneys’ fees and is entitled 11 to an award of attorneys’ fees and costs pursuant to Government Code section 12965(b). Plaintiff 12 is presently unaware of the precise amount of these expenses and fees and prays leave of court to 13 amend this complaint when the amounts are more fully known. 14 WHEREFORE Plaintiff prays for judgment as set forth below. 15 SECOND CAUSE OF ACTION (By Plaintiff Against Defendants FEDEX, and/or DOES 1-25, for Failure to Take Steps to 16 Prevent and/or Correct Harassment and Discrimination in Violation of Government Code 17 Sections 12940(j) & (k)) 18 28. The allegations set forth in above are re-alleged and incorporated herein by 19 reference as though fully set forth herein. 20 29. Within the time provided by law, Plaintiff filed charges with the CCRD, in full 21 compliance with these sections, received right-to-sue letters, and commenced this action in a 22 timely manner. 23 30. Plaintiff is informed and believes, and hereon alleges, that Defendants FEDEX, 24 and/or DOES 1-25 knew, or reasonably should have known, of defendant ROBINS’ propensity 25 for engaging in unlawful, harassing, and/or discriminatory conduct in the workplace and that he 26 should not have been employed with FEDEX, and/or DOES 1-25. Defendants FEDEX, and/or 27 DOES 1-25 should have restrained its employees from engaging in unlawful, discriminatory, 28 retaliatory, and/or harassing conduct and should have provided training and instruction to its _____________________________________________________________________________ First Amended Complaint for Damages 7 1 employees on the laws pertaining to harassment, discrimination, and retaliation. 2 31. At all times herein mentioned, Government Code sections 12940(j) and (k) were in 3 full force and effect and were binding on Defendants. These sections require defendants FEDEX, 4 and/or DOES 1-25 to take all reasonable steps necessary to prevent harassment from occurring, 5 and to take immediate steps to investigate and correct such harassment when it occurred. As 6 alleged above, FEDEX, and/or DOES 1-25 violated these subsections by failing to take reasonable 7 steps necessary to prevent harassment from occurring, and/or failed to take appropriate steps to 8 investigate and correct the harassment once it occurred. 9 32. Plaintiff is informed and believes, and hereon alleges that Defendants FEDEX, 10 and/or DOES 1-25 failed to provide adequate training to its owners, directors, supervisors, 11 managers, and/or other employees. 12 33. As a direct and proximate result of the unlawful conduct of Defendants, Plaintiff 13 was harmed and suffered, and continues to suffer, special damages including, but not limited to, 14 losses in earnings, bonuses, deferred compensation, employment benefits, earning capacity, 15 opportunities for employment advancement and work experience, and other damages to be proven 16 at the time of trial. 17 34. As a direct and proximate result of the unlawful conduct of Defendants, and each 18 of them, Plaintiff was harmed and suffered, and continues to suffer, general damages including but 19 not limited to shock, embarrassment, humiliation, emotional distress, personal physical injury, and 20 other damages to be proven at the time of trial. 21 35. The conduct of Defendants FEDEX, and/or DOES 1-25 was a substantial factor in 22 causing Plaintiff’s harm. 23 36. Defendants, and each of them, committed the acts herein alleged maliciously, 24 fraudulently, and oppressively with the wrongful intention of injuring Plaintiff from an improper 25 and evil motive amounting to malice, and in conscious disregard of the rights of Plaintiff. Plaintiff 26 is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES 1-25 knew of 27 the probable injurious consequences of Defendant ROBINS’ continued employment, including 28 unlawful harassment, but deliberately failed to avoid these consequences by deliberately choosing _____________________________________________________________________________ First Amended Complaint for Damages 8 1 to continue his employment and by deliberately failing to restrain him, despite ample notice, from 2 engaging in unlawful, discriminatory harassment. Such conduct was also authorized and/or 3 ratified by an owner, officer, director or managing agent of Defendants FEDEX, and/or DOES 1- 4 25. As a result of Defendants’ willful, knowing, and intentional harassment against Plaintiff, he 5 seeks an award of punitive and exemplary damages in an amount according to proof. 6 37. As a direct cause of the acts alleged above, Plaintiff had to hire the services of an 7 attorney. Plaintiff incurred and continues to incur legal expenses and attorneys’ fees and is entitled 8 to an award of attorneys’ fees and costs pursuant to Government Code section 12965(b). Plaintiff 9 is presently unaware of the precise amount of these expenses and fees and prays leave of court to 10 amend this complaint when the amounts are more fully known. 11 WHEREFORE Plaintiff prays for judgment as set forth below. 12 THIRD CAUSE OF ACTION (By Plaintiff Against Defendants FEDEX and Does 1-25, 13 for Negligent Hiring and Retention) 14 38. The allegations set forth above are re-alleged and incorporated herein by reference 15 as though fully set forth herein. 16 39. At all times relevant to this Complaint, Plaintiff was employed by Defendants 17 FEDEX, and/or DOES 1-25, and each of them. 18 40. Defendant FEDEX hired ROBINS. Plaintiff is informed and believes that ROBINS 19 has sexually harassed employees at prior jobs and that Defendants FEDEX and DOES 1-25, and 20 each of them, knew or should have known about these prior acts of sexual harassment but chose 21 to hire him anyway thereby creating a known threat to FEDEX’s current employees. 22 41. ROBINS further became unfit to be Plaintiff’s manager after he began sexually 23 harassing him. 24 42. Defendants FEDEX, and/or DOES 1-25, and each of them, knew or should have 25 known that ROBINS was unfit to be Plaintiff’s manager, and he was a risk to him. 26 43. As a direct and proximate result of the unlawful conduct of Defendants, Plaintiff 27 was harmed and suffered, and continues to suffer, special damages including, but not limited to, 28 _____________________________________________________________________________ First Amended Complaint for Damages 9 1 losses in earnings, bonuses, deferred compensation, employment benefits, earning capacity, 2 opportunities for employment advancement and work experience, and other damages to be proven 3 at the time of trial. 4 44. As a direct and proximate result of the unlawful conduct of Defendants, and each 5 of them, Plaintiff was harmed and suffered, and continues to suffer, general damages including but 6 not limited to shock, embarrassment, humiliation, emotional distress, personal physical injury, and 7 other damages to be proven at the time of trial. 8 45. The conduct of Defendants FEDEX, and/or DOES 1-25, was a substantial factor in 9 causing Plaintiff’s harm. 10 46. Defendants FEDEX, and/or DOES 1-25 committed the acts herein alleged 11 maliciously, fraudulently, and oppressively with the wrongful intention of injuring Plaintiff from 12 an improper and evil motive amounting to malice, and in conscious disregard of the rights of 13 Plaintiff. Plaintiff is informed and believes, and hereon alleges that Defendants FEDEX, and/or 14 DOES 1-25 knew of the probable injurious consequences of hiring Defendant ROBINS and 15 continuing to employ him, including unlawful harassment, but deliberately failed to avoid these 16 consequences by deliberately choosing to hire him and continue his employment and by 17 deliberately failing to restrain him, despite ample notice, from engaging in unlawful, 18 discriminatory harassment. Such conduct was also authorized and/or ratified by an owner, officer, 19 director or managing agent of Defendants FEDEX, and/or DOES 1-25. As a result of Defendants’ 20 willful, knowing, and intentional harassment against Plaintiff, he seeks an award of punitive and 21 exemplary damages in an amount according to proof. 22 47. As a direct cause of the acts alleged above, Plaintiff had to hire the services of an 23 attorney. Plaintiff incurred and continues to incur legal expenses and attorneys’ fees and is entitled 24 to an award of attorneys’ fees and costs pursuant to Government Code section 12965(b). Plaintiff 25 is presently unaware of the precise amount of these expenses and fees and prays leave of court to 26 amend this complaint when the amounts are more fully known. 27 WHEREFORE Plaintiff prays for judgment as set forth below. 28 _____________________________________________________________________________ First Amended Complaint for Damages 10 FOURTH CAUSE OF ACTION 1 (By Plaintiff Against All Defendants, and Each of Them, 2 for Intentional Infliction of Emotional Distress) 48. The allegations set forth in paragraphs above are re-alleged and incorporated herein 3 by reference as though fully set forth herein. 4 49. At all times relevant to this Complaint, Plaintiff was employed by Defendants 5 FEDEX, and/or DOES 1-25, and each of them. 6 50. Defendants engaged in outrageous conduct, as established in the facts set forth more 7 fully above. 8 51. Defendants intended to cause and/or exhibited reckless disregard of the probability 9 of causing serious emotional distress to Plaintiff. 10 52. As a direct and proximate result of the unlawful conduct of Defendants, and each 11 of them, Plaintiff was harmed and has suffered, and continues to suffer, general damages including 12 but not limited to shock, embarrassment, humiliation, severe emotional distress, personal physical 13 injury, and other damages to be proven at the time of trial. 14 WHEREFORE, Plaintiff prays for judgment as set forth below. 15 16 FIFTH CAUSE OF ACTION (By Plaintiff, Against Defendants FEDEX, and/or DOES 1-25, for Sex Discrimination) 17 18 53. The allegations set forth in paragraphs above are re-alleged and incorporated herein 19 by reference as though fully set forth herein. 20 54. At all times relevant to this Complaint, Plaintiff was employed by Defendants 21 FEDEX, and/or DOES 1-25, and each of them. 22 55. At all times relevant to this action, Plaintiff was a member of a protected class 23 within the meaning of California Government Code section 12940(a), because of Plaintiff’s sex. . 24 56. At all times relevant to this action, Defendants unlawfully discriminated against 25 Plaintiff, as previously alleged, on the basis of his sex. 26 57. Defendants committed adverse employment actions against Plaintiff, including but 27 not limited to, failing to address and remedy sexual harassment creating intolerable working 28 conditions for Plaintiff, which lead to his constructive discharge from his employment with _____________________________________________________________________________ First Amended Complaint for Damages 11 1 Defendant FEDEX. 2 58. As a direct and proximate result of the unlawful conduct of Defendants, Plaintiff 3 was harmed and suffered, and continues to suffer, special damages including, but not limited to, 4 losses in earnings, bonuses, deferred compensation, employment benefits, earning capacity, 5 opportunities for employment advancement and work experience, and other damages to be proven 6 at the time of trial. 7 59. As a direct and proximate result of the unlawful conduct of Defendants, and each 8 of them, Plaintiff was harmed and suffered, and continues to suffer, general damages including but 9 not limited to shock, embarrassment, humiliation, emotional distress, personal physical injury, and 10 other damages to be proven at the time of trial. 11 60. The conduct of Defendants FEDEX, and/or DOES 1-25, was a substantial factor in 12 causing Plaintiff’s harm. 13 61. Defendants, and each of them, committed the acts herein alleged maliciously, 14 fraudulently, and oppressively with the wrongful intention of injuring Plaintiff from an improper 15 and evil motive amounting to malice, and in conscious disregard of the rights of Plaintiff. Plaintiff 16 is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES 1-25 knew of 17 the probable injurious consequences of Defendant ROBINS’ continued employment, including 18 unlawful harassment and Plaintiff’s subsequent constructive discharge but deliberately failed to 19 avoid these consequences by deliberately choosing to continue ROBINS’ employment and by 20 deliberately failing to restrain him, despite ample notice, from engaging in unlawful, 21 discriminatory harassment. Such conduct was also authorized and/or ratified by an owner, officer, 22 director or managing agent of Defendants FEDEX, and/or DOES 1-25. As a result of Defendants’ 23 willful, knowing and intentional harassment against Plaintiff, he seeks an award of punitive and 24 exemplary damages in an amount according to proof. 25 62. As a direct cause of the acts alleged above, Plaintiff had to hire the services of an 26 attorney. Plaintiff incurred and continues to incur legal expenses and attorneys’ fees and is entitled 27 to an award of attorneys’ fees and costs pursuant to Government Code section 12965(b). Plaintiff 28 _____________________________________________________________________________ First Amended Complaint for Damages 12 1 is presently unaware of the precise amount of these expenses and fees and prays leave of court to 2 amend this complaint when the amounts are more fully known. SIXTH CAUSE OF ACTION 3 Wrongful Constructive Discharge in Violation of Public Policy, By Plaintiff, Against 4 Defendants FEDEX, and/or DOES 1-25 63. The allegations set forth in paragraphs above are re-alleged and incorporated herein 5 by reference as though fully set forth herein. 6 64. As described above, Plaintiff was at all relevant times an employee of FEDEX 7 and/or DOES 1-25 and each of them. 8 65. Plaintiff was subjected to working conditions FEDEX and/or DOES 1-25, 9 including severe and pervasive harassment and discrimination based on his sex/gender that 10 violated public policy given that the conduct at issue, described generally above, violated 11 provisions of the FEHA that prohibits such conduct. 12 66. FEDEX and/or DOES 1-25, and their owners and executive team, intentionally 13 created or knowingly permitted these intolerable working conditions. 14 67. The working conditions were so intolerable that any reasonable person in Plaintiff’s 15 position would have had no reasonable alternative except to resign. 16 68. Plaintiff was forced to resign because of these intolerable working conditions, 17 including unabated sexual and religious harassment. 18 69. As a direct and proximate result of the intolerable working conditions, Plaintiff was 19 harmed and suffered, and continues to suffer, special damages including, but not limited to, losses 20 in earnings, bonuses, deferred compensation, employment benefits, earning capacity, opportunities 21 for employment advancement and work experience, and other damages to be proven at the time of 22 trial. 23 70. As a direct and proximate result of the intolerable working conditions, Plaintiff was 24 harmed and suffered, and continues to suffer, general damages including but not limited to shock, 25 embarrassment, humiliation, emotional distress, personal physical injury, and other damages to 26 be proven at the time of trial. 27 28 _____________________________________________________________________________ First Amended Complaint for Damages 13 1 71. The intolerable working conditions created and/or tolerated by Defendants FEDEX, 2 and/or DOES 1-25, were a substantial factor in causing Plaintiff’s harm. 3 72. Defendants, and each of them, committed the acts herein alleged maliciously, 4 fraudulently, and oppressively with the wrongful intention of injuring Plaintiff from an improper 5 and evil motive amounting to malice, and in conscious disregard of the rights of Plaintiff. Plaintiff 6 is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES 1-25 knew of 7 the probable injurious consequences of Defendant ROBINS’ continued employment, including 8 unlawful harassment and Plaintiff’s subsequent constructive discharge but deliberately failed to 9 avoid these consequences by deliberately choosing to continue ROBINS’ employment and by 10 deliberately failing to restrain him, despite ample notice, from engaging in unlawful, 11 discriminatory harassment. Such conduct was also authorized and/or ratified by an owner, officer, 12 director or managing agent of Defendants FEDEX, and/or DOES 1-25. As a result of Defendants’ 13 willful, knowing and intentional harassment against Plaintiff, he seeks an award of punitive and 14 exemplary damages in an amount according to proof. 15 PRAYER FOR RELIEF 16 WHEREFORE, Plaintiff prays for judgment against Defendants as follows: 17 1. For general damages in amounts according to proof; 18 2. For special damages in amounts according to proof; 19 3. For punitive damages in an amount sufficient to punish and make an example out 20 of Defendants; 21 4. For attorneys’ fees as provided by law; 22 5. For injunctive relief as provided by law; 23 6. For declaratory relief as provided by law; 24 7. For pre-judgment interest as provided by law; 25 8. For costs of suit incurred herein; and 26 27 /// 28 _____________________________________________________________________________ First Amended Complaint for Damages 14 1 9. For such other and further relief as the Court deems fair and just. 2 3 DATED: April 15, 2024 WINER, BURRITT & SCOTT LLP 4 5 By: ____________________________________ Matthew P. Vandall, Esq. 6 Jessica L. Hart, Esq. Attorneys for Plaintiff 7 TUNAHAN CEBECI 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _____________________________________________________________________________ First Amended Complaint for Damages 15 1 Tunahan Cebeci vs. Fedex Office and Print Services, et al. San Mateo County Superior Court Case No. 24-CIV-00443 2 3 PROOF OF SERVICE 4 I, the undersigned, declare that I am employed in the County of Alameda, California. My business address is 1901 Harrison Street, Suite 1100, Oakland, California 94612. I am over the age 5 of eighteen (18) years and am not a party to the within action. 6 On the date below, I served the following document(s): 7 (1) FIRST AMENDED COMPLAINT FOR DAMAGES (2) SUMMONS ON FIRST AMENDED COMPLAINT 8 on the parties listed below, by placing a true and correct copy thereof addressed as follows: 9 10 LISA C. HAMASAKI, CA Bar No. 197628 lisa.hamasaki@ogletreedeakins.com 11 SEAN CHOI, CA Bar No. 312256 sean.choi@ogletreedeakins.com 12 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 13 One Embarcadero Center, Suite 900 San Francisco, CA 94111 14 Telephone: (415) 442-4810 Facsimile: (415) 442-4870 15 Attorneys for Defendant 16 FEDEX OFFICE AND PRINT SERVICES, INC 17 18 BY E-MAIL OR ELECTRONIC TRANSMISSION – Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the 19 document(s) to be sent from email address linda@wbslawyers.com to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any 20 electronic message or other indication that the transmission was unsuccessful. 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 22 23 Dated: April 15, 2024 _______________________________ 24 Linda M. Carcamo-Rios 25 26 27 28 PROOF OF SERVICE