Preview
Electronically
by Superior Court of California, County of San Mateo
John D. Winer, Esq. (SBN 91078) ON 4/15/2024
Matthew P. Vandall, Esq. (SBN 196962) By /sLAnthony Berini
Jessica L. Hart, Esq. (SBN 331441)
WINER, BURRITT & SCOTT LLP
1901 HARRISON STREET, SUITE 1100
OAKLAND, CALIFORNIA 94612
matt@wbslawyers.com
jessica@wbslawyers.com
Tel (510) 433-1000
Fax (510) 433-1001
Attorneys for Plaintiff
TUNAHAN CEBECI
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF SAN MATEO
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TUNAHAN CEBECTI, an individual, Case No.: 24-CIV-00443
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Plaintiff, NOTICE OF ENTRY OF ORDER
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V.
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17 FEDEX OFFICE AND PRINT SERVICES,
INC., a Texas Corporation; DAVID ROBINS,
18 an individual; and DOES 1-25, inclusive,
19 Defendants.
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PLEASE TAKE NOTICE that on April 10, 2024, the above-entitled Court entered an
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Order Granting Plaintiff Leave to File a First Amended Complaint. A copy of said Order is
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attached hereto as Exhibit A.
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DATED: April 15, 2024 WINER, BURRITT, & SCOTT LLP
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25 » MatoP taba
26 Matthew P. Vandall, Esq.
Jessica L. Hart, Esq.
27 Attorneys for Plaintiff
TUNAHAN CEBECI
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Notice of Entry of Order
EXHIBIT “A”
Electronically
RECEIVED
4/3/2024
CLERK OF THE SUPERIOR COURT
SAN MATEO COUNTY
John D. Winer, Esq. (SBN 91078)
Matthew P. Vandall, Esq. (SBN 196962)
Jessica L. Hart, Esq. (SBN 331441)
WINER, BURRITT & SCOTT LLP Electronically
1901 HARRISON STREET, SUITE 1100
OAKLAND, CALIFORNIA 94612 FILED
By Superior Court of California, County of San Mateo
matthew@wbslawyers.com ON 04/10/2024
jessica@wbslawyers.com By Js! Finau, Unaloto
Tel (510) 433-1000 Deputy Clerk
Fax (510) 433-1001
Attorneys for Plaintiff
TUNAHAN CEBECI
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
Il
IN AND FOR THE COUNTY OF SAN MATEO
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14 TUNAHAN CEBECL an individual, Case No.: 24-CIV-00443
15 Plaintiff, STIPULATION AND [PROPOSED]
ORDER GRANTING PLAINTIFF LEAVE
16 Vv TO FILE A FIRST AMENDED
17 COMPLAIN
FEDEX OFFICE AND PRINT SERVICES,
18 INC., a Texas Corporation, DAVID ROBINS,
an individual; and DOES 1-25, inclusive,
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Defendants.
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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE
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TO FILE A FIRST AMENDED COMPLAINT
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This Joint Stipulation is made and entered into by and through counsel on behalf of
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Plaintiff TUNAHAN CEBECI (Plaintiff), and Defendant FEDEX OFFICE AND PRINT
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SERVICES, INC. (Defendant). These litigants are referred to collectively as the Parties or
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individually as a Party.
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Stipulation and [Proposed] Order Granting Leave to File A First Amended Complaint
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RECITALS
WHEREAS Defendant FEDEX OFFICE AND PRINT SERVICES, INC. filed an
Answer to the Complaint on March 6, 2024;
WHEREAS the Parties have met and conferred and agreed to stipulate to the below order
granting Plaintiff leave to file the First Amended Complaint attached to this Stipulation as
Exhibit A;
WHEREAS Plaintiff seeks to amend the complaint in order to remove all allegations of
religious discrimination and harassment;
WHEREAS leave to amend is liberally granted and the Parties would like to avoid
10 unnecessary motion practice with respect to whether a First Amended Complaint may be filed in
11 this case;
12 WHEREAS in order to avoid the cost associated with motion practice, Defendant has
13 agreed to stipulate to filing of the First Amended Complaint attached as Exhibit A;
14 WHEREAS Defendant expressly reserves its right to file the responsive pleading of its
15 choice once the First Amended Complaint is on file with the Court and has been properly served
16 upon Defendant; and
7 WHEREAS Defendant shall have thirty (30) days to respond to the First Amended
18 Complaint from the date Plaintiff files and serves the First Amended Complaint on Defendant.
19 STIPULATION
20 NOW, THEREFORE, the Parties by and through counsel agree that the Court may enter
21 an order substantially consistent with the proposed order below granting Plaintiff leave to file the
22 First Amended Complaint, which is attached as Exhibit A in the form in which it will be filed,
23 and also as Exhibit B in a form that identifics the proposed changes to the First Amended
24 Complaint marked in redline.
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Stipulation and [Proposed] Order Granting Leave to File A First Amended Complaint
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IT IS SO STIPULATED.
DATED: April 2, 2024 WINER, BURRITT & SCOTT LLP
By:
Matthew P. Vandal, Esq.
Jessica L. Hart, Esq.
Attorneys for Plaintiff
TUNAHAN CEBECI
DATED: April 2, 2024 OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
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bap (hi ema
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Lisa C. Hamasaki, Esq.
12 Scan Choi, Esq.
13 Attorneys for Defendant
FEDEX OFFICE AND PRINT SERVICES, INC
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Stipulation and [Proposed] Order Granting Leave to File A First Amended Complaint
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[PROPOSED] ORDER
Good cause appearing now, therefore, IT IS ORDERED that Plaintiff is granted leave to
file the First Amended Complaint. Plaintiff shall do so within five (5) court days of service of
this order. Defendant shall have thirty (30) days to respond to the First Amended Complaint from
the date Plaintiff files and serves the First Amended Complaint on Defendant.
lecrenicaly
SIGNED
By /a/Finigen. Jey
‘wownrze
DATED;
Judge of the Superior Court
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Stipulation and [Proposed] Order Granting Leave to File A First Amended Complaint
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EXHIBIT “A”
John D. Winer, Esq. (SBN 91078)
Matthew P. Vandall, Esq. (SBN 196962)
Jessica L. Hart, Esq. (SBN 331441)
WINER, BURRITT & SCOTT LLP
1901 HARRISON STREET, SUITE 1100
OAKLAND, CALIFORNIA 94612
matt@wbslawyers.com
jessica@wbslawyers.com
Tel (510) 433-1000
Fax (510) 433-1001
Attorneys for Plaintiff
TUNAHAN CEBECI
10
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
IN AND FOR THE COUNTY OF SAN MATEO
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14 TUNAHAN CEBECI, an individual, Case No.: 24-CIV-00443
15 Plaintiff, FIRST AMENDED COMPLAINT FOR
DAMAGES
16 (Unlimited Jurisdiction)
Vv,
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 Negligent Hiring, Supervision, and
Retention;
22 Intentional Infliction of Emotional
Distress;
23 Sex Discrimination (Gov’t Code, §
12940(a)); and
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Wrongful Constructive Termination in
25 Violation of Public Policy.
26 JURY TRIAL DEMANDED; PUNITIVE
DAMAGES SOUGHT
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First Amended Complaint for Damages
Plaintiff TUNAHAN CEBECI (hereinafter sometimes referred to as “Plaintiff” or
“CEBECI”) for his complaint against Defendants FEDEX OFFICE AND PRINT SERVICES,
INC., (hereinafter sometimes referred to as “Defendant” or “FEDEX”); DAVID ROBINS
(hereinafter sometimes referred to as “Defendant” or “ROBINS”); and DOES 1-25, inclusive
(hereinafter sometimes collectively referred to as “Defendants”, alleges as follows:
JURISDICTION AND VENUE
1 Venue is proper because the injuries and wrongful acts occurred in San Mateo
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 Atall 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 now timely files this action.
Sue letter hereto are attached as Exhibit A. Plaintiff
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.
1
27 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
Mateo, California. FEDEX was at all times material to this Complaint the employer of the Plaintiff
and of Defendants ROBINS, and/or DOES 1-25.
8 Defendant DAVID ROBINS is an adult natural person who Plaintiffis informed
and believes, and hereon alleges, is a resident of the state of California, and is therefore subject to
the jurisdiction of this Court, Plaintiffis informed and believes, and hereon alleges, that Defendant
ROBINS was, at all times relevant to this Complaint, a supervising employee and/or managing
agent of FEDEX, and/or DOES 1-25, acting in the course and scope of his employment with
Defendants FEDEX, and/or DOES 1-25, with supervisory authority over Plaintiff.
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
1 fictitious names. Plaintiffis informed and believes, and hercon 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.
i 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, cach 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
12. In doing the acts complained of herein, Defendant ROBINS acted individually, and
as an agent of Defendant FEDEX, and/or DOES 1-25, and as such, Defendants FEDEX and/or
DOES 1-25 are liable for ROBINS’ acts of unlawful harassment. Defendants FEDEX and/or
DOES 1-25 are also strictly liable for ROBINS’ acts of unlawful harassment as alleged herein
because ROBINS was at all times relevant to this complaint a supervisor and/or managing agent
for Defendants FEDEX and/or DOES 1-25. Defendant ROBINS is also personally liable for his
acts of unlawful harassment pursuant to Government Code section 12940()(3).
FACTS ALLEGED
13; Plaintiff TUNAHAN CEBECI began working as a Store Associate at FEDEX
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Store Number 5182 on January 30, 2023, in Redwood City, California. Plaintiff CEBECT is a
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twenty-one-year-old Muslim man.
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14, Shortly after CEBECI began working at FEDEX, his immediate supervisor,
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ROBINS, began sexually harassing him.
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15. Defendant ROBINS took the following actions against Plaintiff:
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a. Defendant ROBINS told Plaintiff that he likes minors and that “everyone’s got a
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little bit of rape in them”;
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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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Defendant called himself Plaintiff's “Daddy”;
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Defendant ROBINS told Plaintiff, “You’re my boy toy”;
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Defendant ROBINS told Plaintiff that Defendant ROBINS waited for his friends’
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brother to turn legal so he could get him drunk and seduce him;
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Defendant ROBINS sniffed Plaintiff multiple times;
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Defendant ROBINS told Plaintiff that he only hires young people for their looks
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and that Plaintiff's good looks were why he hired him;
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Defendant ROBINS told Plaintiff, “you'd look good in this little skirt”;
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First Amended Complaint for Damages
Defendant ROBINS told Plaintiff many times that he could not wait until Plaintiff
out to bars and get him
turns 21 so that so Defendant ROBINS can take Plaintiff
drunk;
Defendant ROBINS would constantly and purposefully bump into Plaintiff and
lightly push him/block Plaintiff's way at work;
Defendant ROBINS told Plaintiff, “I would throw you around like a rag doll”;
Defendant ROBINS would purposefully drop things at his feet and call Plaintiff
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.
ll 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 Upon information and belief, Defendant FEDEX was aware of Defendant
14 and others but did not take any
ROBINS’ sexual harassment towards Plaintiff
15 remedial action.
16 16. f so distraught by Defendant
On or about November 23, 2023, Plaintifwas
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, anxicty, 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
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Violation of Government Code Section 12940(j))
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17, The allegations set forth above are re-alleged and incorporated herein by reference
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as though fully set forth herein.
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18. Within the time provided by law, Plaintiff filed charges with the CCRD, in full
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compliance with these sections, received a right-to-sue letter, and commenced this action in a
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timely manner.
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First Amended Complaint for Damages
19. At all times mentioned herein, Government Code sections 12900, et seg., were in
full force and effect, and were binding on Defendants. These sections require Defendants to refrain
from discriminating against or harassing any employce on the basis of sex, and to take all
reasonable steps necessary to prevent discrimination and harassment.
20. The acts of Defendants, and each of them, as described more fully above, constitute
a pattern and continuous course of severe and pervasive unwanted harassment of Plaintiff on the
basis of sex in violation of Government Code sections 12940(j)(1).
21. The unlawful and unwanted harassment of Plaintiff by Defendants, and each of
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
ll 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, carning 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 was harmed and suffered, and continues to suffer, general damages including but
of them, Plaintiff
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 cach 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
is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES 1-25 knew of
the probable injurious consequences of Defendant ROBINS’ continued employment, including
unlawful harassment, but deliberately failed to avoid these consequences by deliberately choosing
to continue his employment and by deliberately failing to restrain him, despite ample notice, from
engaging in unlawful, discriminatory harassment. Such conduct was also authorized and/or
ratified by an owner, officer, director or managing agent of Defendants FEDEX, and/or DOES 1-
25. As aresult of Defendants’ willful, knowing, and intentional harassment against Plaintiff, he
secks an award of punitive and exemplary damages in an amount according to proof.
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
1 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
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Prevent and/or Correct Harassment and Discrimination in Violation of Government Code
Sections 12940(j) & (k))
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28. The allegations set forth in above are re-alleged and incorporated herein by
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19 reference as though fully set forth herein.
29: Within the time provided by law, Plaintiff filed charges with the CCRD, in full
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compliance with these sections, received right-to-sue letters, and commenced this action in a
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22 timely manner.
30. Plaintiff is informed and believes, and hereon alleges, that Defendants FEDEX,
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24 and/or DOES 1-25 knew, or reasonably should have known, of defendant ROBINS’ propensity
he
25 for engaging in unlawful, harassing, and/or discriminatory conduct in the workplace and that
should not have been employed with FEDEX, and/or DOES 1-25. Defendants FEDEX, and/or
26
27 DOES 1-25 should have restrained its employees from engaging in unlawful, discriminatory,
its
28 retaliatory, and/or harassing conduct and should have provided training and instruction to
First Amended Complaint for Damages
employees on the laws pertaining to harassment, discrimination, and retaliation.
$1. Atall times herein mentioned, Government Code sections 12940(j) and (k) were in
full force and effect and were binding on Defendants. These sections require defendants FEDEX,
and/or DOES 1-25 to take all reasonable steps necessary to prevent harassment from occurring,
and to take immediate steps to investigate and correct such harassment when it occurred. As
alleged above, FEDEX, and/or DOES 1-25 violated these subsections by failing to take reasonable
steps necessary to prevent harassment from occurring, and/or failed to take appropriate steps to
investigate and correct the harassment once it occurred.
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,
1 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 f harmed and suffered, and continues to suffer, general damages including but
of them, Plaintifwas
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
1-25 knew of
26 is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES
continued employment, including
27 the probable injurious consequences of Defendant ROBINS’
28 unlawful harassment, but deliberately failed to avoid these consequences by deliberately choosing
First Amended Complaint for Damages 8
to continue his employment and by deliberately failing to restrain him, despite ample notice, from
engaging in unlawful, discriminatory harassment. Such conduct was also authorized and/or
ratified by an owner, officer, director or managing agent of Defendants FEDEX, and/or DOES 1-
25. Asa result of Defendants’ willful, knowing, and intentional harassment against Plaintiff, he
seeks an award of punitive and exemplary damages in an amount according to proof.
aT As a direct cause of the acts alleged above, Plaintiff had to hire the services of an
attorncy. Plaintiff incurred and continues to incur legal expenses and attorneys’ fees and is entitled
to an award of attorneys’ fees and costs pursuant to Government Code section 12965(b). Plaintiff
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,
3 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 89; 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. Plaintiffis 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,
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First Amended Complaint for Damages
losses in earnings, bonuses, deferred compensation, employment benefits, earning capacity,
opportunities for employment advancement and work experience, and other damages to be proven
at the time of trial.
44, As a direct and proximate result of the unlawful conduct of Defendants, and each
was harmed and suffered, and continues to suffer, general damages including but
of them, Plaintiff
not limited to shock, embarrassment, humiliation, emotional distress, personal physical injury, and
other damages to be proven at the time of trial.
45. The conduct of Defendants FEDEX, and/or DOES 1-25, was a substantial factor in
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, Plaintiffis informed and believes, and hercon 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. Asa 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.
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First Amended Complaint for Damages 10
FOURTH CAUSE OF ACTION
(By Plaintiff Against All Defendants, and Each of Them,
for Intentional Infliction of Emotional Distress)
48. The allegations set forth in paragraphs above are re-alleged and incorporated herein
by reference as though fully set forth herein.
49. At all times relevant to this Complaint, Plaintiff was employed by Defendants
FEDEX, and/or DOES 1-25, and each of them.
50. Defendants engaged in outrageous conduct, as established in the facts set forth more
fully above.
SL. Defendants intended to cause and/or exhibited reckless disregard of the probability
of causing serious emotional distress to Plaintiff.
10
52, As a direct and proximate result of the unlawful conduct of Defendants, and each
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was harmed and has suffered, and continues to suffer, general damages including
of them, Plaintiff
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but not limited to shock, embarrassment, humiliation, severe emotional distress, personal physical
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injury, and other damages to be proven at the time of trial.
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WHEREFORE, Plaintiff prays for judgment as set forth below.
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16 FIFTH CAUSE OF ACTION
(By Plaintiff, Against Defendants FEDEX, and/or DOES 1-25, for Sex Discrimination)
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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
Defendant FEDEX.
58. As a direct and proximate result of the unlawful conduct of Defendants, Plaintiff
was harmed and suffered, and continues to suffer, special damages including, but not limited to,
losses in earnings, bonuses, deferred compensation, employment benefits, earning capacity,
opportunities for employment advancement and work experience, and other damages to be proven
at the time of trial.
59; As a direct and proximate result of the unlawful conduct of Defendants, and each
of them, Plaintiff was harmed and suffered, and continues to suffer, gencral damages including but
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 cach 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. Asa 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. had to hire the services of an
As a direct cause of the acts alleged above, Plaintiff
26 attorney. Plaintiff incurred and continues to incur legal expenses and attorneys’ fees and is entitled
27 to an award of attomeys’ fees and costs pursuant to Government Code section 12965(b). Plaintiff
28
First Amended Complaint for Damages
12
is presently unaware of the precise amount of these expenses and fees and prays leave of court to
amend this complaint when the amounts are more fully known.
SIXTH CAUSE OF ACTION
Wrongful Constructive Discharge in Violation of Public Policy, By Plaintiff, Against
Defendants FEDEX, and/or DOES 1-25
63. The allegations sct forth in paragraphs above are re-alleged and incorporated herein
by reference as though fully set forth herein.
64. As described above, Plaintiff was at all relevant times an employee of FEDEX
and/or DOES 1-25 and cach of them.
65. Plaintiff was subjected to working conditions FEDEX and/or DOES 1-25,
including severe and pervasive harassment and discrimination based on his sex/gender that
10
violated public policy given that the conduct at issuc, described generally above, violated
ll
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.
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70. Asa was
direct and proximate result of the intolerable working conditions, Plaintiff
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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.
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First Amended Complaint for Damages 13
71. The intolerable working conditions created and/or tolerated by Defendants FEDEX,
and/or DOES 1-25, were a substantial factor in causing Plaintiff's harm.
72. Defendants, and cach of them, committed the acts herein alleged maliciously,
fraudulently, and oppressively with the wrongful intention of injuring Plaintiff from an improper
and evil motive amounting to malice, and in conscious disregard of the rights of Plaintiff. Plaintiff
is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES 1-25 knew of
the probable injurious consequences of Defendant ROBINS’ continued employment, including
unlawful harassment and Plaintiffs subsequent constructive discharge but deliberately failed to
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. Asa 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
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WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
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1 For general damages in amounts according to proof;
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2 For special damages in amounts according to proof,
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For punitive damages in an amount sufficient to punish and make an example out
20
of Defendants;
21
For attorneys’ fees as provided by law;
22
For injunctive relicf as provided by law;
23
For declaratory reliefas provided by law;
24
For pre-judgment interest as provided by law;
25
For costs of suit incurred herein; and
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27 il
28
14
First Amended Complaint for Damages
9 For such other and further relief as the Court deems fair and just.
DATED: April 3, 2024 WINER, BURRITT & SCOTT LLP
By:
Matthew P. Vandall, Esq.
Jessica L. Hart, Esq.
Attorneys for Plaintiff
TUNAHAN CEBECI
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First Amended Complaint for Damages
EXHIBIT “A”
ghtS DED, STATE OF CALIFORNIA | Business, Consumer Services and Housing Agency GAVIN NEWSOM, GOVERNOR
z¢
sy / Civil Rights Department
2218 Kausen Drive, Suite 100 | Elk Grove | CA | 95758
KEVIN KISH, DIRECTOR
‘ 800-884-1684 (voice) | 800-700-2320 (TTY) | California's Rolay Service at 711
at
9B calcivilights.ca.gov | contact.center@calcivilrights.ca.gov
© OF cae
January 25, 2024
Matthew Vandall
1901 Harrison Street, Suite 1100
Oakland, CA 94612
RE: Notice to Complainant’s Attorney
CRD Matter Number: 202401-23394125
Right to Sue: Cebeci / FEDEX OFFICE AND PRINT SERVICES, INC. et al.
Dear Matthew Vandall:
Attached is a copy of your complaint of discrimination filed with the Civil Rights
Department (CRD) pursuant to the California Fair Employment and Housing Act,
Government Code section 12900 et seq. Also attached is a copy of your Notice of Case
Closure and Right to Sue.
Pursuant to Government Code section 12962, CRD will not serve these
documents on the employer. You must serve the complaint separately, to all named
respondents. Please refer to the attached Notice of Case Closure and Right to Sue for
information regarding filing a private lawsuit in the State of California. A courtesy "Notice
of Filing of Discrimination Complaint" is attached for your convenience.
Be advised that the CRD does not review or edit the complaint form to ensure that it
meets procedural or statutory requirements.
Sincerely,
Civil Rights Department
CRD - ENF 80 RS (Revised 02/23)
ots DEpg STATE OF CALIFORNIA | Business, Consumer Services and Housing Agency GAVIN NEWSOM, GOVERNOR
vi - KEVIN KISH, DIRECTOR
S¢xf
Sy Civil Rights Department
2218 Kausen Drive, Suite 100 | Elk Grove | CA] 95758
800-884-1684 (voice) | 800-700-2320 (TTY) | California's Relay Service at 711
Yr os calcivilights.ca.gov | contact.center@calcivirights.ca.gov
OF cave
January 25, 2024
RE: Notice of Filing of Discrimination Complaint
CRD Matter Number: 2
Preview
Electronically by Superior Court of California, County of San Mateo John D. Winer, Esq. (SBN 91078) ON 4/15/2024 Matthew P. Vandall, Esq. (SBN 196962) By /sLAnthony Berini Jessica L. Hart, Esq. (SBN 331441) WINER, BURRITT & SCOTT LLP 1901 HARRISON STREET, SUITE 1100 OAKLAND, CALIFORNIA 94612 matt@wbslawyers.com jessica@wbslawyers.com Tel (510) 433-1000 Fax (510) 433-1001 Attorneys for Plaintiff TUNAHAN CEBECI 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 IN AND FOR THE COUNTY OF SAN MATEO 12 13 TUNAHAN CEBECTI, an individual, Case No.: 24-CIV-00443 14 Plaintiff, NOTICE OF ENTRY OF ORDER 15 V. 16 17 FEDEX OFFICE AND PRINT SERVICES, INC., a Texas Corporation; DAVID ROBINS, 18 an individual; and DOES 1-25, inclusive, 19 Defendants. 20 PLEASE TAKE NOTICE that on April 10, 2024, the above-entitled Court entered an 21 Order Granting Plaintiff Leave to File a First Amended Complaint. A copy of said Order is 22 attached hereto as Exhibit A. 23 DATED: April 15, 2024 WINER, BURRITT, & SCOTT LLP 24 25 » MatoP taba 26 Matthew P. Vandall, Esq. Jessica L. Hart, Esq. 27 Attorneys for Plaintiff TUNAHAN CEBECI 28 Notice of Entry of Order EXHIBIT “A” Electronically RECEIVED 4/3/2024 CLERK OF THE SUPERIOR COURT SAN MATEO COUNTY John D. Winer, Esq. (SBN 91078) Matthew P. Vandall, Esq. (SBN 196962) Jessica L. Hart, Esq. (SBN 331441) WINER, BURRITT & SCOTT LLP Electronically 1901 HARRISON STREET, SUITE 1100 OAKLAND, CALIFORNIA 94612 FILED By Superior Court of California, County of San Mateo matthew@wbslawyers.com ON 04/10/2024 jessica@wbslawyers.com By Js! Finau, Unaloto Tel (510) 433-1000 Deputy Clerk Fax (510) 433-1001 Attorneys for Plaintiff TUNAHAN CEBECI 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA Il IN AND FOR THE COUNTY OF SAN MATEO 12 13 14 TUNAHAN CEBECL an individual, Case No.: 24-CIV-00443 15 Plaintiff, STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFF LEAVE 16 Vv TO FILE A FIRST AMENDED 17 COMPLAIN FEDEX OFFICE AND PRINT SERVICES, 18 INC., a Texas Corporation, DAVID ROBINS, an individual; and DOES 1-25, inclusive, 19 Defendants. 20 21 STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE 22 TO FILE A FIRST AMENDED COMPLAINT 23 This Joint Stipulation is made and entered into by and through counsel on behalf of 24 Plaintiff TUNAHAN CEBECI (Plaintiff), and Defendant FEDEX OFFICE AND PRINT 2 SERVICES, INC. (Defendant). These litigants are referred to collectively as the Parties or 26 individually as a Party. 27 28 Stipulation and [Proposed] Order Granting Leave to File A First Amended Complaint 1 RECITALS WHEREAS Defendant FEDEX OFFICE AND PRINT SERVICES, INC. filed an Answer to the Complaint on March 6, 2024; WHEREAS the Parties have met and conferred and agreed to stipulate to the below order granting Plaintiff leave to file the First Amended Complaint attached to this Stipulation as Exhibit A; WHEREAS Plaintiff seeks to amend the complaint in order to remove all allegations of religious discrimination and harassment; WHEREAS leave to amend is liberally granted and the Parties would like to avoid 10 unnecessary motion practice with respect to whether a First Amended Complaint may be filed in 11 this case; 12 WHEREAS in order to avoid the cost associated with motion practice, Defendant has 13 agreed to stipulate to filing of the First Amended Complaint attached as Exhibit A; 14 WHEREAS Defendant expressly reserves its right to file the responsive pleading of its 15 choice once the First Amended Complaint is on file with the Court and has been properly served 16 upon Defendant; and 7 WHEREAS Defendant shall have thirty (30) days to respond to the First Amended 18 Complaint from the date Plaintiff files and serves the First Amended Complaint on Defendant. 19 STIPULATION 20 NOW, THEREFORE, the Parties by and through counsel agree that the Court may enter 21 an order substantially consistent with the proposed order below granting Plaintiff leave to file the 22 First Amended Complaint, which is attached as Exhibit A in the form in which it will be filed, 23 and also as Exhibit B in a form that identifics the proposed changes to the First Amended 24 Complaint marked in redline. 25 Ml 26 Ml 27 il 28 Stipulation and [Proposed] Order Granting Leave to File A First Amended Complaint 2 IT IS SO STIPULATED. DATED: April 2, 2024 WINER, BURRITT & SCOTT LLP By: Matthew P. Vandal, Esq. Jessica L. Hart, Esq. Attorneys for Plaintiff TUNAHAN CEBECI DATED: April 2, 2024 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 10 bap (hi ema 11 Lisa C. Hamasaki, Esq. 12 Scan Choi, Esq. 13 Attorneys for Defendant FEDEX OFFICE AND PRINT SERVICES, INC 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and [Proposed] Order Granting Leave to File A First Amended Complaint 3 [PROPOSED] ORDER Good cause appearing now, therefore, IT IS ORDERED that Plaintiff is granted leave to file the First Amended Complaint. Plaintiff shall do so within five (5) court days of service of this order. Defendant shall have thirty (30) days to respond to the First Amended Complaint from the date Plaintiff files and serves the First Amended Complaint on Defendant. lecrenicaly SIGNED By /a/Finigen. Jey ‘wownrze DATED; Judge of the Superior Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and [Proposed] Order Granting Leave to File A First Amended Complaint 4 EXHIBIT “A” John D. Winer, Esq. (SBN 91078) Matthew P. Vandall, Esq. (SBN 196962) Jessica L. Hart, Esq. (SBN 331441) WINER, BURRITT & SCOTT LLP 1901 HARRISON STREET, SUITE 1100 OAKLAND, CALIFORNIA 94612 matt@wbslawyers.com jessica@wbslawyers.com Tel (510) 433-1000 Fax (510) 433-1001 Attorneys for Plaintiff TUNAHAN CEBECI 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 DAMAGES 16 (Unlimited Jurisdiction) Vv, 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 Negligent Hiring, Supervision, and Retention; 22 Intentional Infliction of Emotional Distress; 23 Sex Discrimination (Gov’t Code, § 12940(a)); and 24 Wrongful Constructive Termination in 25 Violation of Public Policy. 26 JURY TRIAL DEMANDED; PUNITIVE DAMAGES SOUGHT 27 28 First Amended Complaint for Damages Plaintiff TUNAHAN CEBECI (hereinafter sometimes referred to as “Plaintiff” or “CEBECI”) for his complaint against Defendants FEDEX OFFICE AND PRINT SERVICES, INC., (hereinafter sometimes referred to as “Defendant” or “FEDEX”); DAVID ROBINS (hereinafter sometimes referred to as “Defendant” or “ROBINS”); and DOES 1-25, inclusive (hereinafter sometimes collectively referred to as “Defendants”, alleges as follows: JURISDICTION AND VENUE 1 Venue is proper because the injuries and wrongful acts occurred in San Mateo 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 Atall 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 now timely files this action. Sue letter hereto are attached as Exhibit A. Plaintiff 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. 1 27 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 Mateo, California. FEDEX was at all times material to this Complaint the employer of the Plaintiff and of Defendants ROBINS, and/or DOES 1-25. 8 Defendant DAVID ROBINS is an adult natural person who Plaintiffis informed and believes, and hereon alleges, is a resident of the state of California, and is therefore subject to the jurisdiction of this Court, Plaintiffis informed and believes, and hereon alleges, that Defendant ROBINS was, at all times relevant to this Complaint, a supervising employee and/or managing agent of FEDEX, and/or DOES 1-25, acting in the course and scope of his employment with Defendants FEDEX, and/or DOES 1-25, with supervisory authority over Plaintiff. 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 1 fictitious names. Plaintiffis informed and believes, and hercon 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. i 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, cach 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 12. In doing the acts complained of herein, Defendant ROBINS acted individually, and as an agent of Defendant FEDEX, and/or DOES 1-25, and as such, Defendants FEDEX and/or DOES 1-25 are liable for ROBINS’ acts of unlawful harassment. Defendants FEDEX and/or DOES 1-25 are also strictly liable for ROBINS’ acts of unlawful harassment as alleged herein because ROBINS was at all times relevant to this complaint a supervisor and/or managing agent for Defendants FEDEX and/or DOES 1-25. Defendant ROBINS is also personally liable for his acts of unlawful harassment pursuant to Government Code section 12940()(3). FACTS ALLEGED 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 CEBECT is a 1 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 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 Defendant called himself Plaintiff's “Daddy”; 20 Defendant ROBINS told Plaintiff, “You’re my boy toy”; 21 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 Defendant ROBINS sniffed Plaintiff multiple times; 24 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 Defendant ROBINS told Plaintiff, “you'd look good in this little skirt”; 27 28 First Amended Complaint for Damages Defendant ROBINS told Plaintiff many times that he could not wait until Plaintiff out to bars and get him turns 21 so that so Defendant ROBINS can take Plaintiff drunk; Defendant ROBINS would constantly and purposefully bump into Plaintiff and lightly push him/block Plaintiff's way at work; Defendant ROBINS told Plaintiff, “I would throw you around like a rag doll”; Defendant ROBINS would purposefully drop things at his feet and call Plaintiff 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. ll 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 Upon information and belief, Defendant FEDEX was aware of Defendant 14 and others but did not take any ROBINS’ sexual harassment towards Plaintiff 15 remedial action. 16 16. f so distraught by Defendant On or about November 23, 2023, Plaintifwas 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, anxicty, 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 19. At all times mentioned herein, Government Code sections 12900, et seg., were in full force and effect, and were binding on Defendants. These sections require Defendants to refrain from discriminating against or harassing any employce on the basis of sex, and to take all reasonable steps necessary to prevent discrimination and harassment. 20. The acts of Defendants, and each of them, as described more fully above, constitute a pattern and continuous course of severe and pervasive unwanted harassment of Plaintiff on the basis of sex in violation of Government Code sections 12940(j)(1). 21. The unlawful and unwanted harassment of Plaintiff by Defendants, and each of 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 ll 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, carning 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 was harmed and suffered, and continues to suffer, general damages including but of them, Plaintiff 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 cach 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 is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES 1-25 knew of the probable injurious consequences of Defendant ROBINS’ continued employment, including unlawful harassment, but deliberately failed to avoid these consequences by deliberately choosing to continue his employment and by deliberately failing to restrain him, despite ample notice, from engaging in unlawful, discriminatory harassment. Such conduct was also authorized and/or ratified by an owner, officer, director or managing agent of Defendants FEDEX, and/or DOES 1- 25. As aresult of Defendants’ willful, knowing, and intentional harassment against Plaintiff, he secks an award of punitive and exemplary damages in an amount according to proof. 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 1 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 Sections 12940(j) & (k)) 17 28. The allegations set forth in above are re-alleged and incorporated herein by 18 19 reference as though fully set forth herein. 29: Within the time provided by law, Plaintiff filed charges with the CCRD, in full 20 compliance with these sections, received right-to-sue letters, and commenced this action in a 21 22 timely manner. 30. Plaintiff is informed and believes, and hereon alleges, that Defendants FEDEX, 23 24 and/or DOES 1-25 knew, or reasonably should have known, of defendant ROBINS’ propensity he 25 for engaging in unlawful, harassing, and/or discriminatory conduct in the workplace and that should not have been employed with FEDEX, and/or DOES 1-25. Defendants FEDEX, and/or 26 27 DOES 1-25 should have restrained its employees from engaging in unlawful, discriminatory, its 28 retaliatory, and/or harassing conduct and should have provided training and instruction to First Amended Complaint for Damages employees on the laws pertaining to harassment, discrimination, and retaliation. $1. Atall times herein mentioned, Government Code sections 12940(j) and (k) were in full force and effect and were binding on Defendants. These sections require defendants FEDEX, and/or DOES 1-25 to take all reasonable steps necessary to prevent harassment from occurring, and to take immediate steps to investigate and correct such harassment when it occurred. As alleged above, FEDEX, and/or DOES 1-25 violated these subsections by failing to take reasonable steps necessary to prevent harassment from occurring, and/or failed to take appropriate steps to investigate and correct the harassment once it occurred. 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, 1 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 f harmed and suffered, and continues to suffer, general damages including but of them, Plaintifwas 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 1-25 knew of 26 is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES continued employment, including 27 the probable injurious consequences of Defendant ROBINS’ 28 unlawful harassment, but deliberately failed to avoid these consequences by deliberately choosing First Amended Complaint for Damages 8 to continue his employment and by deliberately failing to restrain him, despite ample notice, from engaging in unlawful, discriminatory harassment. Such conduct was also authorized and/or ratified by an owner, officer, director or managing agent of Defendants FEDEX, and/or DOES 1- 25. Asa result of Defendants’ willful, knowing, and intentional harassment against Plaintiff, he seeks an award of punitive and exemplary damages in an amount according to proof. aT As a direct cause of the acts alleged above, Plaintiff had to hire the services of an attorncy. Plaintiff incurred and continues to incur legal expenses and attorneys’ fees and is entitled to an award of attorneys’ fees and costs pursuant to Government Code section 12965(b). Plaintiff 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, 3 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 89; 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. Plaintiffis 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 losses in earnings, bonuses, deferred compensation, employment benefits, earning capacity, opportunities for employment advancement and work experience, and other damages to be proven at the time of trial. 44, As a direct and proximate result of the unlawful conduct of Defendants, and each was harmed and suffered, and continues to suffer, general damages including but of them, Plaintiff not limited to shock, embarrassment, humiliation, emotional distress, personal physical injury, and other damages to be proven at the time of trial. 45. The conduct of Defendants FEDEX, and/or DOES 1-25, was a substantial factor in 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, Plaintiffis informed and believes, and hercon 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. Asa 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 (By Plaintiff Against All Defendants, and Each of Them, for Intentional Infliction of Emotional Distress) 48. The allegations set forth in paragraphs above are re-alleged and incorporated herein by reference as though fully set forth herein. 49. At all times relevant to this Complaint, Plaintiff was employed by Defendants FEDEX, and/or DOES 1-25, and each of them. 50. Defendants engaged in outrageous conduct, as established in the facts set forth more fully above. SL. Defendants intended to cause and/or exhibited reckless disregard of the probability of causing serious emotional distress to Plaintiff. 10 52, As a direct and proximate result of the unlawful conduct of Defendants, and each 11 was harmed and has suffered, and continues to suffer, general damages including of them, Plaintiff 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 Defendant FEDEX. 58. As a direct and proximate result of the unlawful conduct of Defendants, Plaintiff was harmed and suffered, and continues to suffer, special damages including, but not limited to, losses in earnings, bonuses, deferred compensation, employment benefits, earning capacity, opportunities for employment advancement and work experience, and other damages to be proven at the time of trial. 59; As a direct and proximate result of the unlawful conduct of Defendants, and each of them, Plaintiff was harmed and suffered, and continues to suffer, gencral damages including but 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 cach 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. Asa 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. had to hire the services of an As a direct cause of the acts alleged above, Plaintiff 26 attorney. Plaintiff incurred and continues to incur legal expenses and attorneys’ fees and is entitled 27 to an award of attomeys’ fees and costs pursuant to Government Code section 12965(b). Plaintiff 28 First Amended Complaint for Damages 12 is presently unaware of the precise amount of these expenses and fees and prays leave of court to amend this complaint when the amounts are more fully known. SIXTH CAUSE OF ACTION Wrongful Constructive Discharge in Violation of Public Policy, By Plaintiff, Against Defendants FEDEX, and/or DOES 1-25 63. The allegations sct forth in paragraphs above are re-alleged and incorporated herein by reference as though fully set forth herein. 64. As described above, Plaintiff was at all relevant times an employee of FEDEX and/or DOES 1-25 and cach of them. 65. Plaintiff was subjected to working conditions FEDEX and/or DOES 1-25, including severe and pervasive harassment and discrimination based on his sex/gender that 10 violated public policy given that the conduct at issuc, described generally above, violated ll 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. Asa was direct and proximate result of the intolerable working conditions, Plaintiff 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 71. The intolerable working conditions created and/or tolerated by Defendants FEDEX, and/or DOES 1-25, were a substantial factor in causing Plaintiff's harm. 72. Defendants, and cach of them, committed the acts herein alleged maliciously, fraudulently, and oppressively with the wrongful intention of injuring Plaintiff from an improper and evil motive amounting to malice, and in conscious disregard of the rights of Plaintiff. Plaintiff is informed and believes, and hereon alleges that defendants FEDEX, and/or DOES 1-25 knew of the probable injurious consequences of Defendant ROBINS’ continued employment, including unlawful harassment and Plaintiffs subsequent constructive discharge but deliberately failed to 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. Asa 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 For punitive damages in an amount sufficient to punish and make an example out 20 of Defendants; 21 For attorneys’ fees as provided by law; 22 For injunctive relicf as provided by law; 23 For declaratory reliefas provided by law; 24 For pre-judgment interest as provided by law; 25 For costs of suit incurred herein; and 26 27 il 28 14 First Amended Complaint for Damages 9 For such other and further relief as the Court deems fair and just. DATED: April 3, 2024 WINER, BURRITT & SCOTT LLP By: Matthew P. Vandall, Esq. Jessica L. Hart, Esq. Attorneys for Plaintiff TUNAHAN CEBECI 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 First Amended Complaint for Damages EXHIBIT “A” ghtS DED, STATE OF CALIFORNIA | Business, Consumer Services and Housing Agency GAVIN NEWSOM, GOVERNOR z¢ sy / Civil Rights Department 2218 Kausen Drive, Suite 100 | Elk Grove | CA | 95758 KEVIN KISH, DIRECTOR ‘ 800-884-1684 (voice) | 800-700-2320 (TTY) | California's Rolay Service at 711 at 9B calcivilights.ca.gov | contact.center@calcivilrights.ca.gov © OF cae January 25, 2024 Matthew Vandall 1901 Harrison Street, Suite 1100 Oakland, CA 94612 RE: Notice to Complainant’s Attorney CRD Matter Number: 202401-23394125 Right to Sue: Cebeci / FEDEX OFFICE AND PRINT SERVICES, INC. et al. Dear Matthew Vandall: Attached is a copy of your complaint of discrimination filed with the Civil Rights Department (CRD) pursuant to the California Fair Employment and Housing Act, Government Code section 12900 et seq. Also attached is a copy of your Notice of Case Closure and Right to Sue. Pursuant to Government Code section 12962, CRD will not serve these documents on the employer. You must serve the complaint separately, to all named respondents. Please refer to the attached Notice of Case Closure and Right to Sue for information regarding filing a private lawsuit in the State of California. A courtesy "Notice of Filing of Discrimination Complaint" is attached for your convenience. Be advised that the CRD does not review or edit the complaint form to ensure that it meets procedural or statutory requirements. Sincerely, Civil Rights Department CRD - ENF 80 RS (Revised 02/23) ots DEpg STATE OF CALIFORNIA | Business, Consumer Services and Housing Agency GAVIN NEWSOM, GOVERNOR vi - KEVIN KISH, DIRECTOR S¢xf Sy Civil Rights Department 2218 Kausen Drive, Suite 100 | Elk Grove | CA] 95758 800-884-1684 (voice) | 800-700-2320 (TTY) | California's Relay Service at 711 Yr os calcivilights.ca.gov | contact.center@calcivirights.ca.gov OF cave January 25, 2024 RE: Notice of Filing of Discrimination Complaint CRD Matter Number: 2