Preview
1 AYSE KENT (SBN 251114)
ayse@aklaw.co
2 AK EMPLOYMENT LAW OFFICE
100 Pine Street, Suite 1250
3 San Francisco, CA 94111
Tel: (415) 638-9471
4 E-mail: ayse@aklaw.co
5 Attorneys for Plaintiff Grant E. Bender
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
COUNTY OF NAPA
8
9 ) Case No.:
GRANT E. BENDER,
)
10 ) COMPLAINT FOR DAMAGES
Plaintiff, ) JURY TRIAL DEMANDED
11 )
vs. ) (1) Age Discrimination (Gov. Code § 12940(a));
12 )
) (2) Disability Discrimination (Gov. Code §
13 SALVESTRIN WINE CO., LLC, and DOES 1 ) 12940(a));
through 100, inclusive, ) (3) Failure to Engage in Interactive Process (Gov.
14 ) Code § 12940(m));
) (4) Failure to Accommodate (Gov. Code §
15 Defendants. )
) 12940(n));
16 ) (5) Failure to Prevent Discrimination and
) Retaliation (Gov. Code § 12940(k));
17 ) (6) Retaliation (Gov. Code § 12940(h));
)
18 ) (7) Retaliation (Labor Code § 1102.5, et seq.);
) (8) Fraudulent Concealment;
19 ) (9) Negligent Misrepresentation;
) (10) Promissory Estoppel;
20 ) (11) Wrongful Termination;
)
21 ) (12) Intentional Infliction of Emotional Distress;
) (13) Unfair Competition (Cal. Bus. & Prof. Code
22 ) section 17200, et seq.)
)
23
24
25
26
27
28
COMPLAINT FOR DAMAGES 1
1 Plaintiff Grant E. Bender (“Plaintiff”), by and through his attorney, hereby complains against
2 Defendant Salvestrin Wine Co., LLC (“Defendant” or “Salvestrin”) as follows:
3 I.
JURISDICTION AND VENUE
4
1. Venue is proper in this judicial district, pursuant to California Code of Civil Procedure §
5
395(a). Defendant transacts business in the County of Napa and is within the jurisdiction of this Court
6
for purposes of service of process.
7
8 II.
PARTIES
9
2. Plaintiff Grant E. Bender is a resident of Montana. While Plaintiff was allowed to work
10
remotely, he was employed in Napa, California. He frequently traveled to California to perform his job
11
duties, supervised a team of employees in California, and reported to Salvestrin’s owner, Rich
12
Salvestrin, who is in California.
13
3. Defendant Salvestrin Wine Co., LLC is, and at all times mentioned in this Complaint
14
was, and at all times mentioned in this Complaint, conducting business within the County of Napa,
15
16 California.
17 4. At all relevant times, Defendant was Plaintiff’s employer within the meaning of all
18 applicable California state laws and statutes. Plaintiff alleges that Defendant, directly or indirectly,
19 controlled or affected the working conditions, wages and working hours of Plaintiff.
20 5. Defendants Does 1 to 100, inclusive, are sued under fictitious names pursuant to Code of
21 Civil Procedure section 474. Plaintiff is informed and believes, and on that basis alleges, that each of
22 the Defendants sued under fictitious names is in some manner responsible for the wrongs and damages
23 alleged below. All Defendants compelled, coerced, aided, and/or abetted the discrimination, retaliation,
24 and harassment alleged in this Complaint, which conduct is prohibited under California Government
25
Code section 12940(i). All Defendants were responsible for the events and damages alleged herein,
26
including on the following bases: (a) Defendants committed the acts alleged; (b) at all relevant times,
27
one or more of the Defendants was the agent or employee, and/or acted under the control or supervision,
28
of one or more of the remaining Defendants and, in committing the acts alleged, acted within the course
COMPLAINT FOR DAMAGES 2
1 and scope of such agency and employment and/or is or are otherwise liable for Plaintiff’s damages; (c)
2 at all relevant times, there existed a unity of ownership and interest between or among two or more of
3 the Defendants such that any individuality and separateness between or among those Defendants has
4 ceased, and Defendants are the alter egos of one another. Defendants exercised domination and control
5 over one another to such an extent that any individuality or separateness of Defendants does not, and at
6
all times herein mentioned did not, exist. Adherence to the fiction of the separate existence of
7
Defendants would permit abuse of the corporate privilege and would sanction fraud and promote
8
injustice. All actions of all Defendants were taken by employees, supervisors, executives, officers, and
9
directors during employment with all Defendants, were taken on behalf of all Defendants, and were
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engaged in, authorized, ratified, and approved of by all other Defendants. Plaintiff will seek leave of
11
court to amend this Complaint to show the true names and capacities when the same have been
12
ascertained. The named Defendants and Doe Defendants are hereafter referred to, collectively and/or
13
individually, as “Defendants.”
14
15 III.
FACTUAL ALLEGATIONS
16
6. Salvestrin Wine Co., LLC manufactures and sells wine.
17
7. On November 28, 2016, Plaintiff accepted employment with Salvestrin as its Winery’s
18
National Sales Manager.
19
8. Plaintiff accepted a yearly salary of $95,000 which was far below the national average for
20
such a position based on owner Rich Salvestrin’s written promise of commission payment on the sale of
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the CULT brand, in a sum depending on when the sale was made. (See Exhibit A.)
22
9. Plaintiff gave up other more profitable jobs to take this position with Salvestrin leaving a
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position with Frank Family Vineyards where he was paid over $150,000 per year.
24
10. Plaintiff was hired by Salvestrin for the express purpose of building up CULT and then
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selling it.
26
11. Plaintiff worked tirelessly for seven years to build up the CULT brand and to grow
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distribution from 14 distributors in 16 states to 32 distributors in 44 states and a robust export market.
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COMPLAINT FOR DAMAGES 3
1 12. Under Plaintiff’s management, the wholesale and export sales became Salvestrin’s main
2 source of income. All distributor additions and expansions were directly attributable to the relationships
3 Plaintiff brought with him or negotiated.
4 13. Plaintiff has even mentored Salvestrin’s daughters and assisted Rich Savlestrin in all
5 aspects of the business outside of his job description. During his employment with Salvestrin, Plaintiff
6 has offered services and professional advice far beyond the scope of his employment as the National
7 Sales Manager.
8 14. On January 1, 2022, Plaintiff received a raise in his salary to $142,000 (with a
9 corresponding decrease in quarterly commissions) and his commission for the sale of CULT was
10 increased to 8% of the sale price. (See Exhibit B.)
11 15. Plaintiff, a 55-year-old male, has multiple disabilities, i.e., a heart condition called
12 Enlarged Aortic Root (dilation of the descending aorta) and major depression. Plaintiff’s heart condition
13 is a potentially life-threatening condition that requires constant monitoring and future surgery as it may
14 lead to aortic root aneurysm.
15 16. Plaintiff notified the Salvestrin family of his condition at a dinner in February of 2018.
16 Salvestrin did not engage in interactive process to determine whether Plaintiff needed accommodations.
17 Instead, they overworked Plaintiff, put significant pressure on him for legal costs that were not his
18 responsibility (e.g., litigation related to departure of Scott Lloyd, a former employee, and regarding the
19 CULT trademark (i.e., Salvestrin v ATC)), to a point of causing tremendous stress that negatively
20 impacted Plaintiff’s health.
21 17. In late-2021, Plaintiff requested a meeting to discuss the undue stress he was being put
22 under even though he had delivered a significant revenue increase well over the Forecast goal for 2021.
23 During this meeting, Plaintiff informed Richard Salvestrin that the pressure to deliver unrealistic
24 revenues was raising his blood pressure to uncontrollable levels, which was very harmful for his already
25 compromised health. Salvestrin’s management did not explore or offer accommodations and did
26 nothing to alleviate Plaintiff’s stress. Instead, they increased the CULT revenue goal by 49+ percent to
27 cover the legal loss incurred.
28
COMPLAINT FOR DAMAGES 4
1 18. Throughout 2021 and 2022, Plaintiff informed Rich Salvestrin that he had met with a
2 Cardiac Surgeon several times and that he would need to plan for a surgery in the near future. In 2022,
3 he expressed multiple times that he would like Salvestrin to sell CULT as promised so he could reduce
4 his work responsibilities. Rich Salvestrin continued to lead Plaintiff to believe that this would be the
5 case, while imposing even more unreasonable expectations on Plaintiff.
6 19. In January 2023, Plaintiff brought a prospective buyer to Rich Salvestrin. The buyer was
7 a distributor owner in Texas, with whom Plaintiff had developed relationship over the years. The offer
8 tendered was $1.5 million. Salvestrin countered and the sale fell through. During the negotiations, per
9 Rich Salvestrin’s direction, Plaintiff was removed from having direct conversations with this Buyer
10 related to the sale of the CULT Brand.
11 20. In the course of time between 2022 and 2023, Plaintiff also brought a private equity firm
12 he had known to make an offer to purchase CULT. He offered $1.3 million. Salvestrin rejected that
13 offer outright and the sale fell through.
14 21. The third prospective buyer was another distributor relationship of Plaintiff’s from
15 Georgia. An Associate Representative related to this potential Buyer visited the winery and Rich
16 Salvestrin. Salvestrin demanded $5 million for CULT, which far exceeded the value of the business.
17 The buyer was prepared to offer between $1.5 and $1.8 million. Negotiations stalled and the Buyer
18 moved on stating that the Brand was not of interest.
19 22. Plaintiff brought a fourth party to the table but was again cut out of all talks and was not
20 informed of any offers. Plaintiff was told by Salvestrin that he did not intend to sell CULT and the plan
21 was now to sell the remaining inventory and shutter the brand. Plaintiff felt dupped.
22 23. In recent years, Salvestrin made it impossible for Plaintiff to grow CULT, which he
23 believes was done to force him to quit his employment to deny him his share of the proceeds from the
24 sale of CULT. Plaintiff was given unreasonable forecasts and sales goals, which were sporadically
25 shared with Plaintiff leaving him in the dark as to expectations. Plaintiff’s suggestion to redesign labels
26 to add the name “Cult” was ignored, resulting in lost distribution and sales in 2023. Salvestrin also
27 refused to share the terms of a trademark lawsuit settlement involving CULT, which hampered
28 Plaintiff’s sales efforts and jeopardized distribution.
COMPLAINT FOR DAMAGES 5
1 24. In Spring 2023, Rich Salvestrin hired his daughter Hannah Salvestrin, who is in her 20s,
2 and began asking Plaintiff to train her on his National Sales Manager responsibilities.
3 25. In late-Fall 2023, Mr. Salvestrin’s other daughter Emma Salvestrin, also in her 20s,
4 started working at the winery and Plaintiff was asked repeatedly when he planned to retire and when his
5 surgery was going to take place. He was told that he should retire soon given his heart condition.
6 26. The pressure to resign from his employment caused Plaintiff to have a mental breakdown.
7 In November 2023, Plaintiff told Salvestrins that he had been experiencing extreme stress from work
8 and that he too was having health issues in addition to his heart condition. He reported that he entered
9 counseling at Mayo Clinic and that he was being treated for depression. Salvestrin did not engage in
10 interactive process and did not offer any accommodations. Instead, Plaintiff was repeatedly pressured to
11 resign.
12 27. Salvestrin continued to have his two daughters perform Plaintiff’s job duties while taking
13 away Plaintiff’s responsibilities. Plaintiff’s travel responsibilities were transferred to Hannah Salvestrin
14 to ensure that she developed relationships with Plaintiff’s distributors in anticipation of the termination
15 of Plaintiff’s employment.
16 28. In January 2024, Plaintiff was told to increase his sales of CULT to sell through the
17 inventory. Rich Salvestrin advised Plaintiff that he no longer wants to sell CULT and that he can do
18 Plaintiff’s job, indicating that Plaintiff’s employment will soon be terminated.
19 29. On February 28, 2024, Salvestrin terminated Plaintiff’s employment due to his age,
20 disability and in order to cut Plaintiff out of the sale of CULT and not pay any bonus to him as
21 previously promised.
22 30. Salvestrin falsely told Plaintiff that his position is being eliminated when, in reality,
23 Salvestrin replaced Plaintiff with his young daughters, who are in their 20s.
24 31. In fact, following the termination of Plaintiff’s employment, Salvestrin emailed
25 Plaintiff’s distributors telling them that their new contact person at Salvestrin will be Hannah Salvestrin.
26 32. Salvestrin had a retaliatory motive to terminate Plaintiff’s employment due to his
27 complaints about fraudulent and negligent misrepresentations about payment of commissions for a
28 reasonable value of CULT.
COMPLAINT FOR DAMAGES 6
1 33. As a consequence of Defendants’ conduct, Plaintiff has suffered and will suffer harm,
2 including lost past and future income and employment benefits, damage to his career, and lost wages
3 and penalties, as well as interest, in a sum to be proven at trial.
4 34. As a consequence of Defendants’ conduct, Plaintiff has suffered and will suffer
5 psychological and emotional distress, humiliation, and mental and physical pain and anguish, in a sum to
6 be proven at trial.
7 35. Defendants’ conduct constitutes oppression, fraud, and/or malice under California Civil
8 Code § 3294 and, thus, entitles Plaintiff to an award of exemplary and/or punitive damages.
9 36. Defendants’ conduct was committed with malice within the meaning of California Civil
10 Code § 3294, including that (a) Defendants acted with intent to cause injury to Plaintiff and/or acted
11 with reckless disregard for Plaintiff’s injury, including by terminating Plaintiff’s employment and/or
12 taking other adverse job actions against Plaintiff because of his disabilities, age and/or good faith
13 complaints, and/or (b) Defendants’ conduct was despicable and committed in willful and conscious
14 disregard of Plaintiff’s rights, health, and safety, including Plaintiff’s right to be free of discrimination
15 and wrongful employment termination.
16 37. In addition, and/or alternatively, Defendants’ conduct was committed with oppression
17 within the meaning of California Civil Code § 3294, including that Defendants’ actions against Plaintiff
18 because of his disabilities, age and/or good faith complaints were “despicable” and subjected Plaintiff to
19 cruel and unjust hardship, in knowing disregard of Plaintiff’s rights to a workplace free of discrimination
20 and wrongful employment termination.
21 38. In addition, and/or alternatively, Defendants’ conduct, as alleged, was fraudulent within
22 the meaning of California Civil Code § 3294, including that Defendants asserted false (pretextual)
23 grounds for terminating Plaintiff’s employment and/or other adverse job actions, thereby to cause
24 Plaintiff hardship and deprive him of legal rights.
25 39. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees.
26 40. Prior to filing this action, Plaintiff exhausted his administrative remedies by filing a
27 timely administrative complaint with the Department of Fair Employment and Housing (“DFEH”) and
28 receiving a DFEH right-to-sue letter.
COMPLAINT FOR DAMAGES 7
1
FIRST CAUSE OF ACTION
2 (Against Defendant and DOES 1 Through 100)
Age Discrimination in Violation of Government Code § 12940(a)
3
41. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 40 above
4
and incorporates those Paragraphs by reference into this claim, and further alleges as follows in
5
subsequent paragraphs.
6
42. California Government Code section l2940(a) prohibits discrimination against a person in
7
terms, conditions, or privileges of employment on the basis of, and the corresponding regulations of the
8
9 California Fair Employment and Housing Commission, or its successor.
10 43. Plaintiff is a member of a protected class (i.e., age) within the meaning of the
11 aforementioned Government Code section.
12 44. At all relevant times, Plaintiff performed his responsibilities as expected by Defendants
13 and, in fact, exceeded those expectations by his performance.
14 45. Plaintiff alleges that Defendants discriminated against him and terminated his
15 employment on the basis of his age.
16 46. As a proximate result of Defendants’ willful, knowing, and intentional discrimination,
17 Plaintiff has sustained and continues to sustain substantial losses of earnings and other employment
18 benefits.
19
47. As a proximate result of Defendants’ willful, knowing, and intentional discrimination,
20
Plaintiff has suffered and continues to suffer humiliation, emotional distress, and mental and physical
21
pain and anguish, all to his damage in a sum according to proof.
22
48. Defendants’ discrimination was committed intentionally, in a malicious, oppressive,
23
fraudulent manner, entitling Plaintiff to punitive damages.
24
49. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant
25
to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and
26
costs (including expert costs) in an amount according to proof.
27
28
COMPLAINT FOR DAMAGES 8
1
SECOND CAUSE OF ACTION
2 (Against Defendant and DOES 1 Through 100)
Disability Discrimination in Violation of Government Code § 12940(a)
3
50. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 49 above
4
and incorporates those Paragraphs by reference into this claim, and further alleges as follows in
5
subsequent paragraphs.
6
51. California Government Code section l2940(a) prohibits discrimination against a person in
7
terms, conditions, or privileges of employment on the basis of, and the corresponding regulations of the
8
9 California Fair Employment and Housing Commission, or its successor.
10 52. Plaintiff is a member of a protected class (i.e., disability) within the meaning of the
11 aforementioned Government Code section.
12 53. At all relevant times, Plaintiff performed his responsibilities as expected by Defendants
13 and, in fact, exceeded those expectations by his performance.
14 54. Plaintiff alleges that Defendants discriminated against him and terminated his
15 employment on the basis of his disability.
16 55. As a proximate result of Defendants’ willful, knowing, and intentional discrimination,
17 Plaintiff has sustained and continues to sustain substantial losses of earnings and other employment
18 benefits.
19
56. As a proximate result of Defendants’ willful, knowing, and intentional discrimination,
20
Plaintiff has suffered and continues to suffer humiliation, emotional distress, and mental and physical
21
pain and anguish, all to his damage in a sum according to proof.
22
57. Defendants’ discrimination was committed intentionally, in a malicious, oppressive,
23
fraudulent manner, entitling Plaintiff to punitive damages.
24
58. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant
25
to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and
26
costs (including expert costs) in an amount according to proof.
27
28
COMPLAINT FOR DAMAGES 9
1
THIRD CAUSE OF ACTION
2 Failure to Engage in Interactive Process in Violation of Government Code § 12940(n)
(Against Defendants and Does 1 to 10, Inclusive)
3
59. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 58 above
4
and incorporates those Paragraphs by reference into this claim, and further alleges as follows in
5
subsequent paragraphs.
6
60. Government Code section 12940(n) provides that it is an unlawful employment practice
7
“[f]or an employer or other entity covered by this part to fail to engage in a timely, good faith,
8
9 interactive process with the employee or applicant to determine effective reasonable accommodations, if
10 any, in response to a request for reasonable accommodation by an employee or applicant with a known
11 physical or mental disability of known medical condition.”
12 61. At the time of the termination of his employment, Defendants knew that Plaintiff was
13 suffering from disabilities for which he needed accommodations. Defendants were aware of the
14 restrictions of Plaintiff which would limit his ability to perform his job duties.
15 62. Rather than engage in an interactive process to determine a reasonable accommodation
16 for Plaintiff, including but not limited to work restrictions, Defendants refused to engage in the
17 interactive process with Plaintiff, instead increasing his workload and adding to his stress; thereafter,
18 unjustifiably terminating Plaintiff’s employment under false pretenses.
19
63. As a proximate result of Defendants’ willful, knowing, and intentional failure to engage
20
in interactive process, Plaintiff has sustained and continues to sustain substantial losses of earnings and
21
other employment benefits.
22
64. As a proximate result of Defendants’ willful, knowing, and intentional failure to engage
23
in interactive process, Plaintiff has suffered and continues to suffer humiliation, emotional distress, and
24
mental and physical pain and anguish, all to his damage in a sum according to proof.
25
65. Defendants’ failure to engage in interactive process was committed intentionally, in a
26
malicious, oppressive, fraudulent manner, entitling Plaintiff to punitive damages.
27
28
COMPLAINT FOR DAMAGES 10
1 66. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant
2 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and
3 costs (including expert costs) in an amount according to proof.
4
FOURTH CAUSE OF ACTION
5 Failure to Accommodate Disability in Violation of Government Code § 12940(m)
(Against Defendants and Does 1 to 10, Inclusive)
6
67. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 66 above
7
and incorporates those Paragraphs by reference into this claim, and further alleges as follows in
8
9 subsequent paragraphs.
10 68. California Government Code section 12940(m) provides that it is an unlawful
11 employment practice “[f]or an employer or other entity covered by this part to fail to make reasonable
12 accommodation for the known physical or mental disability of an applicant or employee.”
13 69. At the time of the termination of his employment, Defendants knew that Plaintiff was
14 suffering from disabilities for which he needed accommodations. Defendants were aware of the
15 restrictions of Plaintiff which would limit his ability to perform his job duties.
16 70. At such time, Defendants were under a duty to take affirmative steps to offer Plaintiff
17 accommodation, including but not limited to the work restrictions requested by Plaintiff’s healthcare
18 provider. Defendant failed to provide accommodation and terminated Plaintiff’s employment under
19
false pretenses.
20
71. As a proximate result of Defendants’ willful, knowing, and intentional failure to provide
21
accommodation, Plaintiff has sustained and continues to sustain substantial losses of earnings and other
22
employment benefits.
23
72. As a proximate result of Defendants’ willful, knowing, and intentional failure to provide
24
accommodation, Plaintiff has suffered and continues to suffer humiliation, emotional distress, and
25
mental and physical pain and anguish, all to his damage in a sum according to proof.
26
73. Defendants’ failure to provide accommodation was committed intentionally, in a
27
malicious, oppressive, fraudulent manner, entitling Plaintiff to punitive damages.
28
COMPLAINT FOR DAMAGES 11
1 74. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant
2 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and
3 costs (including expert costs) in an amount according to proof.
4
FIFTH CAUSE OF ACTION
5 Failure to Take All Reasonable Steps to Prevent Discrimination
in Violation of Government Code § 12940(k)
6
(Against Defendants and Does 1 to 10, Inclusive)
7 75. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 74 above
8
and incorporates those Paragraphs by reference into this claim, and further alleges as follows in
9
subsequent paragraphs.
10
76. Government Code section 12940(k) makes it is an unlawful employment practice in
11
California for an employer “to fail to take all reasonable steps necessary to prevent discrimination from
12
occurring.”
13
77. During Plaintiff’s employment, Defendants failed to prevent their employees from
14
engaging in intentional actions that resulted in Plaintiff being terminated because of his protected status
15
(i.e., disability).
16
78. During Plaintiff’s employment, Defendants failed to prevent their employees from
17
18 engaging in unjustified employment practices against employees in such protected classes.
19 79. During Plaintiff’s employment, Defendants failed to prevent a pattern and practice by
20 their employees of intentional discrimination on the bases of disability and age, and/or other protected
21 activities.
22 80. Plaintiff believes, and on that basis alleges, that his disability and age, and/or other
23 protected status and/or protected activity were substantial motivating factors in Defendants’ employees’
24 discrimination against him.
25 81. As a proximate result of Defendants’ willful, knowing, and intentional misconduct,
26 Plaintiff has sustained and continues to sustain substantial losses of earnings and other employment
27
benefits.
28
COMPLAINT FOR DAMAGES 12
1 82. As a proximate result of Defendants’ willful, knowing, and intentional misconduct,
2 Plaintiff has suffered and continues to suffer humiliation, emotional distress, and physical and mental
3 pain and anguish, all to his damage in a sum according to proof.
4 83. Defendants’ misconduct was committed intentionally, in a malicious, despicable,
5 oppressive, fraudulent manner, entitling Plaintiff to punitive damages against Defendants.
6
84. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant
7
to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and
8
costs (including expert costs) in an amount according to proof.
9
SIXTH CAUSE OF ACTION
10
Retaliation in Violation of Government Code § 12940(h)
11 (Against Defendants and Does 1 to 10, Inclusive)
12 85. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 84 above
13 and incorporates those Paragraphs by reference into this claim, and further alleges as follows in
14 subsequent paragraphs.
15 86. Government Code § 12940(h) makes it an unlawful employment practice for an employer
16 to discriminate against any person because the person has opposed any practices forbidden under this
17 part.
18 87. Plaintiff opposed discrimination based on his age and disability. In response to his
19 opposition to discrimination, Defendants retaliated against Plaintiff by terminating his employment
20
under false pretenses.
21
88. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff
22
has suffered and continues to suffer losses in earnings and other employment benefits and has incurred
23
other economic losses.
24
89. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff
25
has suffered substantial emotional distress, humiliation, shame, and embarrassment, all to the Plaintiff’s
26
damage in an amount to be proven at the time of trial.
27
28
COMPLAINT FOR DAMAGES 13
1 90. Defendants committed the acts herein despicably, maliciously, fraudulently, and
2 oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil motive
3 amounting to malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus
4 entitled to recover punitive damages from Defendants in an amount according to proof.
5 91. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant
6
to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and
7
costs (including expert costs) in an amount according to proof.
8
SEVENTH CAUSE OF ACTION
9
Retaliation in Violation of Labor Code § 1102.5, et seq.
10 (Against Defendants and Does 1 to 10, Inclusive)
11 92. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 91 above
12 and incorporates those Paragraphs by reference into this claim, and further alleges as follows in
13 subsequent paragraphs.
14 93. Labor Code section 1102.5 prohibits Defendants from retaliating against any employee,
15 including Plaintiff for raising complaints of illegality.
16 94. Plaintiff raised complaints of illegality while he worked for Defendants, including his
17 claim breach of contract by refusing to sell CULT as promised. In response to Plaintiff’s complaints,
18 Defendants retaliated against Plaintiff by terminating his employment.
19
95. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff
20
has suffered and continues to suffer losses in earnings and other employment benefits and has incurred
21
other economic losses.
22
96. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff
23
has suffered substantial emotional distress, humiliation, shame, and embarrassment, all to the Plaintiff’s
24
damage in an amount to be proven at the time of trial.
25
97. Defendants committed the acts herein despicably, maliciously, fraudulently, and
26
oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil motive
27
28
COMPLAINT FOR DAMAGES 14
1 amounting to malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus
2 entitled to recover punitive damages from Defendants in an amount according to proof.
3 98. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant
4 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and
5 costs (including expert costs) in an amount according to proof.
6
EIGHTH CAUSE OF ACTION
7 Fraudulent Concealment
8 (Against Defendants and Does 1 to 10, Inclusive)
9 99. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 98 above
10 and incorporates those Paragraphs by reference into this claim, and further alleges as follows in
11 subsequent paragraphs.
12 100. Plaintiff was employed by Salvestrin.
13 101. When Plaintiff was hired by Salvestrin, Salvestrin failed to disclose that it never intended
14 to sell CULT.
15 102. Plaintiff had no knowledge that Defendant had no intention to sell CULT.
16 103. Defendant intended to deceive Plaintiff by concealing the fact that it had no intention to
17 sell CULT.
18 104. Had the concealed facts been disclosed to Plaintiff he would have behaved differently.
19
105. As a direct and proximate result of the concealed facts, Plaintiff was harmed.
20
106. Defendant’s concealed facts were a substantial factor in causing Plaintiff’s harm.
21
107. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff
22
has suffered and continues to suffer losses in earnings and other employment benefits and has incurred
23
other economic losses.
24
108. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff
25
has suffered substantial emotional distress, humiliation, shame, and embarrassment, all to the Plaintiff’s
26
damage in an amount to be proven at the time of trial.
27
28
COMPLAINT FOR DAMAGES 15
1 109. Defendants committed the acts herein despicably, maliciously, fraudulently, and
2 oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil motive
3 amounting to malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus
4 entitled to recover punitive damages from Defendants in an amount according to proof.
5 110. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant
6
to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and
7
costs (including expert costs) in an amount according to proof.
8
NINTH CAUSE OF ACTION
9
Negligent Misrepresentation
10 (Against Defendants and Does 1 to 10, Inclusive)
11 111. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 109
12 above and incorporates those Paragraphs by reference into this claim, and further alleges as follows in
13 subsequent paragraphs.
14 112. Defendants represented to Plaintiff that a fact was true, that it was going to sell CULT.
15 113. Defendants’ representation was not true.
16 114. Although Defendants may have honestly believed the representation was true,
17 Defendants had no reasonable grounds for believing the representation was true when it was made to
18 Plaintiff.
19
115. Defendants intended that Plaintiff rely on the representation.
20
116. Plaintiff reasonably relied on the representation.
21
117. Plaintiff was harmed.
22
118. Plaintiff’s reliance on the representation was a substantial factor in causing Plaintiff’s
23
harm.
24
119. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff
25
has suffered and continues to suffer losses in earnings and other employment benefits and has incurred
26
other economic losses.
27
28
COMPLAINT FOR DAMAGES 16
1 120. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff
2 has suffered substantial emotional distress, humiliation, shame, and embarrassment, all to the Plaintiff’s
3 damage in an amount to be proven at the time of trial.
4 121. Defendants committed the acts herein despicably, maliciously, fraudulently, and
5 oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil motive
6
amounting to malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus
7
entitled to recover punitive damages from Defendants in an amount according to proof.
8
122. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant
9
to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and
10
costs (including expert costs) in an amount according to proof.
11
12 TENTH CAUSE OF ACTION
Promissory Estoppel
13 (Against Defendants and Does 1 to 10, Inclusive)
14 123. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 119
15 above and incorporates those Paragraphs by reference into this claim, and further alleges as follows in
16 subsequent paragraphs.
17 124. Defendants promised Plaintiff in clear and unambiguous terms that he would be hired to
18 put CULT in a position to be sold and he would receive a commission on that sale.
19
125. Plaintiff’s reliance on that promise was reasonable and foreseeable.
20
126. Defendants’ representation was not true.
21
127. Defendants intended that Plaintiff rely on the representation.
22
128. Plaintiff reasonably relied on the representation.
23
129. Plaintiff was harmed.
24
130. Plaintiff’s reliance on the representation was a substantial factor in causing Plaintiff’s
25
harm.
26
27
28
COMPLAINT FOR DAMAGES 17
1 131. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff
2 has suffered and continues to suffer losses in earnings and other employment benefits and has incurred
3 other economic losses.
4 132. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff
5 has suffered substantial emotional distress, humiliation, shame, and embarrassment, all to the Plaintiff’s
6
damage in an amount to be proven at the time of trial.
7
133. Defendants committed the acts herein despicably, maliciously, fraudulently, and
8
oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil motive
9
amounting to malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus
10
entitled to recover punitive damages from Defendants in an amount according to proof.
11
134. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant
12
to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and
13
costs (including expert costs) in an amount according to proof.
14
15 ELEVENTH CAUSE OF ACTION
Wrongful Termination in Violation of Public Policy
16 (Against Defendants and Does 1 to 10, Inclusive)
17 135. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 129
18 above and incorporate those Paragraphs by reference into this claim, and further alleges as follows in
19
subsequent paragraphs.
20
136. Defendants terminated Plaintiff’s employment in violation of various fundamental public
21
policies underlying both state and federal laws. Specifically, Plaintiffs’ employments were terminated in
22
part because of their protected status (i.e., disability, age, and/or good faith complaints of illegal
23
conduct). These actions were in violation of Fair Employment and Housing Act, Title VII of the Civil
24
Rights Act of 1964, Americans with Disabilities Act and the California Constitution.
25
137. As a proximate result of Defendants’ wrongful termination of Plaintiff’s employment in
26
violation of fundamental public policies, Plaintiff has suffered and continues to suffer humiliation,
27
28
COMPLAINT FOR DAMAGES 18
1 emotional distress, and mental and physical pain and anguish, all to his damage in a sum according to
2 proof.
3 138. As a result of Defendants’ wrongful termination of their employment, Plaintiff has
4 suffered general and special damages in sums according to proof.
5 139. Defendants’ wrongful termination of Plaintiff’s employment was done intentionally, in a
6
malicious, fraudulent, oppressive, fraudulent manner, entitling Plaintiff to punitive damages.
7
140. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant
8
to Code of Civil Procedure sections 1021.5 and 1032, et seq., Plaintiff is entitled to recover reasonable
9
attorneys’ fees and costs in an amount according to proof.
10
11 TWELFTH CAUSE OF ACTION
Intentional Infliction of Emotional Distress
12 (Against Defendants and Does 1 to 10, Inclusive)
13 141. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 135
14 above and incorporate those Paragraphs by reference into this claim, and further alleges as follows in
15 subsequent paragraphs.
16 142. The conduct of Defendants’ managers, as set forth above, was so extreme and outrageous
17 that it exceeded the boundaries of human decency and was beyond conduct tolerated in a civilized
18 society. This conduct was intended to cause severe emotional distress or was done in reckless disregard
19
of the probability of causing severe emotional distress to Plaintiff.
20
143. As an actual and proximate result of Defendants’ wrongful conduct, Plaintiff has suffered
21
and continues to suffer severe and continuous humiliation, emotional distress, and physical and mental
22
pain and anguish, all to his damage in an amount according to proof at the time of trial.
23
144. Defendants committed the acts alleged herein maliciously, fraudulently, and
24
oppressively, with the wrongful intention of injuring Plaintiff, and acted with an improper and evil
25
motive amounting to malice and in conscious disregard of Plaintiff’s rights. Because the acts taken
26
toward Plaintiff were carried out by Defendants acting in a deliberate, cold, callous, and intentional
27
28
COMPLAINT FOR DAMAGES 19
1 manner in order to injure and damage Plaintiff, he is entitled to recover punitive damages from
2 Defendants in an amount according to proof.
3
THIRTEENTH CAUSE OF ACTION
4 Unfair Business Practices
(Against Defendants and Does 1 to 10, Inclusive)
5
145. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 139
6
above and incorporate those Paragraphs by reference into this claim, and further alleges as follows in
7
subsequent paragraphs.
8
9 146. The foregoing conduct, as alleged, violates California Unfair Competition Law (“UCL”),
10 Cal. Bus. & Prof. Code section 17200, et seq. Section 17200 prohibits unfair competition by
11 prohibiting, inter alia, any unlawful and unfair business practices or business acts.
12 147. Throughout the course of Plaintiffs’ employment, Defendants committed acts of unfair
13 competition, as defined by the UCL, by, among other things, engaging in the acts and practices
14 described herein, including but not limited to discriminating against Plaintiff on the basis of his
15 disability and age, and retaliating against him for requesting accommodations. Defendants’ conduct as
16 herein alleged has damaged the Plaintiff by wrongfully causing him to lose his employment and creating
17 mental and emotional distress, and therefore was substantially injurious to the Plaintiff.
18 148. Defendants’ course of conduct, acts, and practices in violation of the California laws
19
mentioned in the above paragraph constitute a separate and
Preview
1 AYSE KENT (SBN 251114) ayse@aklaw.co 2 AK EMPLOYMENT LAW OFFICE 100 Pine Street, Suite 1250 3 San Francisco, CA 94111 Tel: (415) 638-9471 4 E-mail: ayse@aklaw.co 5 Attorneys for Plaintiff Grant E. Bender 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF NAPA 8 9 ) Case No.: GRANT E. BENDER, ) 10 ) COMPLAINT FOR DAMAGES Plaintiff, ) JURY TRIAL DEMANDED 11 ) vs. ) (1) Age Discrimination (Gov. Code § 12940(a)); 12 ) ) (2) Disability Discrimination (Gov. Code § 13 SALVESTRIN WINE CO., LLC, and DOES 1 ) 12940(a)); through 100, inclusive, ) (3) Failure to Engage in Interactive Process (Gov. 14 ) Code § 12940(m)); ) (4) Failure to Accommodate (Gov. Code § 15 Defendants. ) ) 12940(n)); 16 ) (5) Failure to Prevent Discrimination and ) Retaliation (Gov. Code § 12940(k)); 17 ) (6) Retaliation (Gov. Code § 12940(h)); ) 18 ) (7) Retaliation (Labor Code § 1102.5, et seq.); ) (8) Fraudulent Concealment; 19 ) (9) Negligent Misrepresentation; ) (10) Promissory Estoppel; 20 ) (11) Wrongful Termination; ) 21 ) (12) Intentional Infliction of Emotional Distress; ) (13) Unfair Competition (Cal. Bus. & Prof. Code 22 ) section 17200, et seq.) ) 23 24 25 26 27 28 COMPLAINT FOR DAMAGES 1 1 Plaintiff Grant E. Bender (“Plaintiff”), by and through his attorney, hereby complains against 2 Defendant Salvestrin Wine Co., LLC (“Defendant” or “Salvestrin”) as follows: 3 I. JURISDICTION AND VENUE 4 1. Venue is proper in this judicial district, pursuant to California Code of Civil Procedure § 5 395(a). Defendant transacts business in the County of Napa and is within the jurisdiction of this Court 6 for purposes of service of process. 7 8 II. PARTIES 9 2. Plaintiff Grant E. Bender is a resident of Montana. While Plaintiff was allowed to work 10 remotely, he was employed in Napa, California. He frequently traveled to California to perform his job 11 duties, supervised a team of employees in California, and reported to Salvestrin’s owner, Rich 12 Salvestrin, who is in California. 13 3. Defendant Salvestrin Wine Co., LLC is, and at all times mentioned in this Complaint 14 was, and at all times mentioned in this Complaint, conducting business within the County of Napa, 15 16 California. 17 4. At all relevant times, Defendant was Plaintiff’s employer within the meaning of all 18 applicable California state laws and statutes. Plaintiff alleges that Defendant, directly or indirectly, 19 controlled or affected the working conditions, wages and working hours of Plaintiff. 20 5. Defendants Does 1 to 100, inclusive, are sued under fictitious names pursuant to Code of 21 Civil Procedure section 474. Plaintiff is informed and believes, and on that basis alleges, that each of 22 the Defendants sued under fictitious names is in some manner responsible for the wrongs and damages 23 alleged below. All Defendants compelled, coerced, aided, and/or abetted the discrimination, retaliation, 24 and harassment alleged in this Complaint, which conduct is prohibited under California Government 25 Code section 12940(i). All Defendants were responsible for the events and damages alleged herein, 26 including on the following bases: (a) Defendants committed the acts alleged; (b) at all relevant times, 27 one or more of the Defendants was the agent or employee, and/or acted under the control or supervision, 28 of one or more of the remaining Defendants and, in committing the acts alleged, acted within the course COMPLAINT FOR DAMAGES 2 1 and scope of such agency and employment and/or is or are otherwise liable for Plaintiff’s damages; (c) 2 at all relevant times, there existed a unity of ownership and interest between or among two or more of 3 the Defendants such that any individuality and separateness between or among those Defendants has 4 ceased, and Defendants are the alter egos of one another. Defendants exercised domination and control 5 over one another to such an extent that any individuality or separateness of Defendants does not, and at 6 all times herein mentioned did not, exist. Adherence to the fiction of the separate existence of 7 Defendants would permit abuse of the corporate privilege and would sanction fraud and promote 8 injustice. All actions of all Defendants were taken by employees, supervisors, executives, officers, and 9 directors during employment with all Defendants, were taken on behalf of all Defendants, and were 10 engaged in, authorized, ratified, and approved of by all other Defendants. Plaintiff will seek leave of 11 court to amend this Complaint to show the true names and capacities when the same have been 12 ascertained. The named Defendants and Doe Defendants are hereafter referred to, collectively and/or 13 individually, as “Defendants.” 14 15 III. FACTUAL ALLEGATIONS 16 6. Salvestrin Wine Co., LLC manufactures and sells wine. 17 7. On November 28, 2016, Plaintiff accepted employment with Salvestrin as its Winery’s 18 National Sales Manager. 19 8. Plaintiff accepted a yearly salary of $95,000 which was far below the national average for 20 such a position based on owner Rich Salvestrin’s written promise of commission payment on the sale of 21 the CULT brand, in a sum depending on when the sale was made. (See Exhibit A.) 22 9. Plaintiff gave up other more profitable jobs to take this position with Salvestrin leaving a 23 position with Frank Family Vineyards where he was paid over $150,000 per year. 24 10. Plaintiff was hired by Salvestrin for the express purpose of building up CULT and then 25 selling it. 26 11. Plaintiff worked tirelessly for seven years to build up the CULT brand and to grow 27 distribution from 14 distributors in 16 states to 32 distributors in 44 states and a robust export market. 28 COMPLAINT FOR DAMAGES 3 1 12. Under Plaintiff’s management, the wholesale and export sales became Salvestrin’s main 2 source of income. All distributor additions and expansions were directly attributable to the relationships 3 Plaintiff brought with him or negotiated. 4 13. Plaintiff has even mentored Salvestrin’s daughters and assisted Rich Savlestrin in all 5 aspects of the business outside of his job description. During his employment with Salvestrin, Plaintiff 6 has offered services and professional advice far beyond the scope of his employment as the National 7 Sales Manager. 8 14. On January 1, 2022, Plaintiff received a raise in his salary to $142,000 (with a 9 corresponding decrease in quarterly commissions) and his commission for the sale of CULT was 10 increased to 8% of the sale price. (See Exhibit B.) 11 15. Plaintiff, a 55-year-old male, has multiple disabilities, i.e., a heart condition called 12 Enlarged Aortic Root (dilation of the descending aorta) and major depression. Plaintiff’s heart condition 13 is a potentially life-threatening condition that requires constant monitoring and future surgery as it may 14 lead to aortic root aneurysm. 15 16. Plaintiff notified the Salvestrin family of his condition at a dinner in February of 2018. 16 Salvestrin did not engage in interactive process to determine whether Plaintiff needed accommodations. 17 Instead, they overworked Plaintiff, put significant pressure on him for legal costs that were not his 18 responsibility (e.g., litigation related to departure of Scott Lloyd, a former employee, and regarding the 19 CULT trademark (i.e., Salvestrin v ATC)), to a point of causing tremendous stress that negatively 20 impacted Plaintiff’s health. 21 17. In late-2021, Plaintiff requested a meeting to discuss the undue stress he was being put 22 under even though he had delivered a significant revenue increase well over the Forecast goal for 2021. 23 During this meeting, Plaintiff informed Richard Salvestrin that the pressure to deliver unrealistic 24 revenues was raising his blood pressure to uncontrollable levels, which was very harmful for his already 25 compromised health. Salvestrin’s management did not explore or offer accommodations and did 26 nothing to alleviate Plaintiff’s stress. Instead, they increased the CULT revenue goal by 49+ percent to 27 cover the legal loss incurred. 28 COMPLAINT FOR DAMAGES 4 1 18. Throughout 2021 and 2022, Plaintiff informed Rich Salvestrin that he had met with a 2 Cardiac Surgeon several times and that he would need to plan for a surgery in the near future. In 2022, 3 he expressed multiple times that he would like Salvestrin to sell CULT as promised so he could reduce 4 his work responsibilities. Rich Salvestrin continued to lead Plaintiff to believe that this would be the 5 case, while imposing even more unreasonable expectations on Plaintiff. 6 19. In January 2023, Plaintiff brought a prospective buyer to Rich Salvestrin. The buyer was 7 a distributor owner in Texas, with whom Plaintiff had developed relationship over the years. The offer 8 tendered was $1.5 million. Salvestrin countered and the sale fell through. During the negotiations, per 9 Rich Salvestrin’s direction, Plaintiff was removed from having direct conversations with this Buyer 10 related to the sale of the CULT Brand. 11 20. In the course of time between 2022 and 2023, Plaintiff also brought a private equity firm 12 he had known to make an offer to purchase CULT. He offered $1.3 million. Salvestrin rejected that 13 offer outright and the sale fell through. 14 21. The third prospective buyer was another distributor relationship of Plaintiff’s from 15 Georgia. An Associate Representative related to this potential Buyer visited the winery and Rich 16 Salvestrin. Salvestrin demanded $5 million for CULT, which far exceeded the value of the business. 17 The buyer was prepared to offer between $1.5 and $1.8 million. Negotiations stalled and the Buyer 18 moved on stating that the Brand was not of interest. 19 22. Plaintiff brought a fourth party to the table but was again cut out of all talks and was not 20 informed of any offers. Plaintiff was told by Salvestrin that he did not intend to sell CULT and the plan 21 was now to sell the remaining inventory and shutter the brand. Plaintiff felt dupped. 22 23. In recent years, Salvestrin made it impossible for Plaintiff to grow CULT, which he 23 believes was done to force him to quit his employment to deny him his share of the proceeds from the 24 sale of CULT. Plaintiff was given unreasonable forecasts and sales goals, which were sporadically 25 shared with Plaintiff leaving him in the dark as to expectations. Plaintiff’s suggestion to redesign labels 26 to add the name “Cult” was ignored, resulting in lost distribution and sales in 2023. Salvestrin also 27 refused to share the terms of a trademark lawsuit settlement involving CULT, which hampered 28 Plaintiff’s sales efforts and jeopardized distribution. COMPLAINT FOR DAMAGES 5 1 24. In Spring 2023, Rich Salvestrin hired his daughter Hannah Salvestrin, who is in her 20s, 2 and began asking Plaintiff to train her on his National Sales Manager responsibilities. 3 25. In late-Fall 2023, Mr. Salvestrin’s other daughter Emma Salvestrin, also in her 20s, 4 started working at the winery and Plaintiff was asked repeatedly when he planned to retire and when his 5 surgery was going to take place. He was told that he should retire soon given his heart condition. 6 26. The pressure to resign from his employment caused Plaintiff to have a mental breakdown. 7 In November 2023, Plaintiff told Salvestrins that he had been experiencing extreme stress from work 8 and that he too was having health issues in addition to his heart condition. He reported that he entered 9 counseling at Mayo Clinic and that he was being treated for depression. Salvestrin did not engage in 10 interactive process and did not offer any accommodations. Instead, Plaintiff was repeatedly pressured to 11 resign. 12 27. Salvestrin continued to have his two daughters perform Plaintiff’s job duties while taking 13 away Plaintiff’s responsibilities. Plaintiff’s travel responsibilities were transferred to Hannah Salvestrin 14 to ensure that she developed relationships with Plaintiff’s distributors in anticipation of the termination 15 of Plaintiff’s employment. 16 28. In January 2024, Plaintiff was told to increase his sales of CULT to sell through the 17 inventory. Rich Salvestrin advised Plaintiff that he no longer wants to sell CULT and that he can do 18 Plaintiff’s job, indicating that Plaintiff’s employment will soon be terminated. 19 29. On February 28, 2024, Salvestrin terminated Plaintiff’s employment due to his age, 20 disability and in order to cut Plaintiff out of the sale of CULT and not pay any bonus to him as 21 previously promised. 22 30. Salvestrin falsely told Plaintiff that his position is being eliminated when, in reality, 23 Salvestrin replaced Plaintiff with his young daughters, who are in their 20s. 24 31. In fact, following the termination of Plaintiff’s employment, Salvestrin emailed 25 Plaintiff’s distributors telling them that their new contact person at Salvestrin will be Hannah Salvestrin. 26 32. Salvestrin had a retaliatory motive to terminate Plaintiff’s employment due to his 27 complaints about fraudulent and negligent misrepresentations about payment of commissions for a 28 reasonable value of CULT. COMPLAINT FOR DAMAGES 6 1 33. As a consequence of Defendants’ conduct, Plaintiff has suffered and will suffer harm, 2 including lost past and future income and employment benefits, damage to his career, and lost wages 3 and penalties, as well as interest, in a sum to be proven at trial. 4 34. As a consequence of Defendants’ conduct, Plaintiff has suffered and will suffer 5 psychological and emotional distress, humiliation, and mental and physical pain and anguish, in a sum to 6 be proven at trial. 7 35. Defendants’ conduct constitutes oppression, fraud, and/or malice under California Civil 8 Code § 3294 and, thus, entitles Plaintiff to an award of exemplary and/or punitive damages. 9 36. Defendants’ conduct was committed with malice within the meaning of California Civil 10 Code § 3294, including that (a) Defendants acted with intent to cause injury to Plaintiff and/or acted 11 with reckless disregard for Plaintiff’s injury, including by terminating Plaintiff’s employment and/or 12 taking other adverse job actions against Plaintiff because of his disabilities, age and/or good faith 13 complaints, and/or (b) Defendants’ conduct was despicable and committed in willful and conscious 14 disregard of Plaintiff’s rights, health, and safety, including Plaintiff’s right to be free of discrimination 15 and wrongful employment termination. 16 37. In addition, and/or alternatively, Defendants’ conduct was committed with oppression 17 within the meaning of California Civil Code § 3294, including that Defendants’ actions against Plaintiff 18 because of his disabilities, age and/or good faith complaints were “despicable” and subjected Plaintiff to 19 cruel and unjust hardship, in knowing disregard of Plaintiff’s rights to a workplace free of discrimination 20 and wrongful employment termination. 21 38. In addition, and/or alternatively, Defendants’ conduct, as alleged, was fraudulent within 22 the meaning of California Civil Code § 3294, including that Defendants asserted false (pretextual) 23 grounds for terminating Plaintiff’s employment and/or other adverse job actions, thereby to cause 24 Plaintiff hardship and deprive him of legal rights. 25 39. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. 26 40. Prior to filing this action, Plaintiff exhausted his administrative remedies by filing a 27 timely administrative complaint with the Department of Fair Employment and Housing (“DFEH”) and 28 receiving a DFEH right-to-sue letter. COMPLAINT FOR DAMAGES 7 1 FIRST CAUSE OF ACTION 2 (Against Defendant and DOES 1 Through 100) Age Discrimination in Violation of Government Code § 12940(a) 3 41. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 40 above 4 and incorporates those Paragraphs by reference into this claim, and further alleges as follows in 5 subsequent paragraphs. 6 42. California Government Code section l2940(a) prohibits discrimination against a person in 7 terms, conditions, or privileges of employment on the basis of, and the corresponding regulations of the 8 9 California Fair Employment and Housing Commission, or its successor. 10 43. Plaintiff is a member of a protected class (i.e., age) within the meaning of the 11 aforementioned Government Code section. 12 44. At all relevant times, Plaintiff performed his responsibilities as expected by Defendants 13 and, in fact, exceeded those expectations by his performance. 14 45. Plaintiff alleges that Defendants discriminated against him and terminated his 15 employment on the basis of his age. 16 46. As a proximate result of Defendants’ willful, knowing, and intentional discrimination, 17 Plaintiff has sustained and continues to sustain substantial losses of earnings and other employment 18 benefits. 19 47. As a proximate result of Defendants’ willful, knowing, and intentional discrimination, 20 Plaintiff has suffered and continues to suffer humiliation, emotional distress, and mental and physical 21 pain and anguish, all to his damage in a sum according to proof. 22 48. Defendants’ discrimination was committed intentionally, in a malicious, oppressive, 23 fraudulent manner, entitling Plaintiff to punitive damages. 24 49. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant 25 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and 26 costs (including expert costs) in an amount according to proof. 27 28 COMPLAINT FOR DAMAGES 8 1 SECOND CAUSE OF ACTION 2 (Against Defendant and DOES 1 Through 100) Disability Discrimination in Violation of Government Code § 12940(a) 3 50. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 49 above 4 and incorporates those Paragraphs by reference into this claim, and further alleges as follows in 5 subsequent paragraphs. 6 51. California Government Code section l2940(a) prohibits discrimination against a person in 7 terms, conditions, or privileges of employment on the basis of, and the corresponding regulations of the 8 9 California Fair Employment and Housing Commission, or its successor. 10 52. Plaintiff is a member of a protected class (i.e., disability) within the meaning of the 11 aforementioned Government Code section. 12 53. At all relevant times, Plaintiff performed his responsibilities as expected by Defendants 13 and, in fact, exceeded those expectations by his performance. 14 54. Plaintiff alleges that Defendants discriminated against him and terminated his 15 employment on the basis of his disability. 16 55. As a proximate result of Defendants’ willful, knowing, and intentional discrimination, 17 Plaintiff has sustained and continues to sustain substantial losses of earnings and other employment 18 benefits. 19 56. As a proximate result of Defendants’ willful, knowing, and intentional discrimination, 20 Plaintiff has suffered and continues to suffer humiliation, emotional distress, and mental and physical 21 pain and anguish, all to his damage in a sum according to proof. 22 57. Defendants’ discrimination was committed intentionally, in a malicious, oppressive, 23 fraudulent manner, entitling Plaintiff to punitive damages. 24 58. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant 25 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and 26 costs (including expert costs) in an amount according to proof. 27 28 COMPLAINT FOR DAMAGES 9 1 THIRD CAUSE OF ACTION 2 Failure to Engage in Interactive Process in Violation of Government Code § 12940(n) (Against Defendants and Does 1 to 10, Inclusive) 3 59. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 58 above 4 and incorporates those Paragraphs by reference into this claim, and further alleges as follows in 5 subsequent paragraphs. 6 60. Government Code section 12940(n) provides that it is an unlawful employment practice 7 “[f]or an employer or other entity covered by this part to fail to engage in a timely, good faith, 8 9 interactive process with the employee or applicant to determine effective reasonable accommodations, if 10 any, in response to a request for reasonable accommodation by an employee or applicant with a known 11 physical or mental disability of known medical condition.” 12 61. At the time of the termination of his employment, Defendants knew that Plaintiff was 13 suffering from disabilities for which he needed accommodations. Defendants were aware of the 14 restrictions of Plaintiff which would limit his ability to perform his job duties. 15 62. Rather than engage in an interactive process to determine a reasonable accommodation 16 for Plaintiff, including but not limited to work restrictions, Defendants refused to engage in the 17 interactive process with Plaintiff, instead increasing his workload and adding to his stress; thereafter, 18 unjustifiably terminating Plaintiff’s employment under false pretenses. 19 63. As a proximate result of Defendants’ willful, knowing, and intentional failure to engage 20 in interactive process, Plaintiff has sustained and continues to sustain substantial losses of earnings and 21 other employment benefits. 22 64. As a proximate result of Defendants’ willful, knowing, and intentional failure to engage 23 in interactive process, Plaintiff has suffered and continues to suffer humiliation, emotional distress, and 24 mental and physical pain and anguish, all to his damage in a sum according to proof. 25 65. Defendants’ failure to engage in interactive process was committed intentionally, in a 26 malicious, oppressive, fraudulent manner, entitling Plaintiff to punitive damages. 27 28 COMPLAINT FOR DAMAGES 10 1 66. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant 2 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and 3 costs (including expert costs) in an amount according to proof. 4 FOURTH CAUSE OF ACTION 5 Failure to Accommodate Disability in Violation of Government Code § 12940(m) (Against Defendants and Does 1 to 10, Inclusive) 6 67. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 66 above 7 and incorporates those Paragraphs by reference into this claim, and further alleges as follows in 8 9 subsequent paragraphs. 10 68. California Government Code section 12940(m) provides that it is an unlawful 11 employment practice “[f]or an employer or other entity covered by this part to fail to make reasonable 12 accommodation for the known physical or mental disability of an applicant or employee.” 13 69. At the time of the termination of his employment, Defendants knew that Plaintiff was 14 suffering from disabilities for which he needed accommodations. Defendants were aware of the 15 restrictions of Plaintiff which would limit his ability to perform his job duties. 16 70. At such time, Defendants were under a duty to take affirmative steps to offer Plaintiff 17 accommodation, including but not limited to the work restrictions requested by Plaintiff’s healthcare 18 provider. Defendant failed to provide accommodation and terminated Plaintiff’s employment under 19 false pretenses. 20 71. As a proximate result of Defendants’ willful, knowing, and intentional failure to provide 21 accommodation, Plaintiff has sustained and continues to sustain substantial losses of earnings and other 22 employment benefits. 23 72. As a proximate result of Defendants’ willful, knowing, and intentional failure to provide 24 accommodation, Plaintiff has suffered and continues to suffer humiliation, emotional distress, and 25 mental and physical pain and anguish, all to his damage in a sum according to proof. 26 73. Defendants’ failure to provide accommodation was committed intentionally, in a 27 malicious, oppressive, fraudulent manner, entitling Plaintiff to punitive damages. 28 COMPLAINT FOR DAMAGES 11 1 74. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant 2 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and 3 costs (including expert costs) in an amount according to proof. 4 FIFTH CAUSE OF ACTION 5 Failure to Take All Reasonable Steps to Prevent Discrimination in Violation of Government Code § 12940(k) 6 (Against Defendants and Does 1 to 10, Inclusive) 7 75. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 74 above 8 and incorporates those Paragraphs by reference into this claim, and further alleges as follows in 9 subsequent paragraphs. 10 76. Government Code section 12940(k) makes it is an unlawful employment practice in 11 California for an employer “to fail to take all reasonable steps necessary to prevent discrimination from 12 occurring.” 13 77. During Plaintiff’s employment, Defendants failed to prevent their employees from 14 engaging in intentional actions that resulted in Plaintiff being terminated because of his protected status 15 (i.e., disability). 16 78. During Plaintiff’s employment, Defendants failed to prevent their employees from 17 18 engaging in unjustified employment practices against employees in such protected classes. 19 79. During Plaintiff’s employment, Defendants failed to prevent a pattern and practice by 20 their employees of intentional discrimination on the bases of disability and age, and/or other protected 21 activities. 22 80. Plaintiff believes, and on that basis alleges, that his disability and age, and/or other 23 protected status and/or protected activity were substantial motivating factors in Defendants’ employees’ 24 discrimination against him. 25 81. As a proximate result of Defendants’ willful, knowing, and intentional misconduct, 26 Plaintiff has sustained and continues to sustain substantial losses of earnings and other employment 27 benefits. 28 COMPLAINT FOR DAMAGES 12 1 82. As a proximate result of Defendants’ willful, knowing, and intentional misconduct, 2 Plaintiff has suffered and continues to suffer humiliation, emotional distress, and physical and mental 3 pain and anguish, all to his damage in a sum according to proof. 4 83. Defendants’ misconduct was committed intentionally, in a malicious, despicable, 5 oppressive, fraudulent manner, entitling Plaintiff to punitive damages against Defendants. 6 84. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant 7 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and 8 costs (including expert costs) in an amount according to proof. 9 SIXTH CAUSE OF ACTION 10 Retaliation in Violation of Government Code § 12940(h) 11 (Against Defendants and Does 1 to 10, Inclusive) 12 85. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 84 above 13 and incorporates those Paragraphs by reference into this claim, and further alleges as follows in 14 subsequent paragraphs. 15 86. Government Code § 12940(h) makes it an unlawful employment practice for an employer 16 to discriminate against any person because the person has opposed any practices forbidden under this 17 part. 18 87. Plaintiff opposed discrimination based on his age and disability. In response to his 19 opposition to discrimination, Defendants retaliated against Plaintiff by terminating his employment 20 under false pretenses. 21 88. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff 22 has suffered and continues to suffer losses in earnings and other employment benefits and has incurred 23 other economic losses. 24 89. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff 25 has suffered substantial emotional distress, humiliation, shame, and embarrassment, all to the Plaintiff’s 26 damage in an amount to be proven at the time of trial. 27 28 COMPLAINT FOR DAMAGES 13 1 90. Defendants committed the acts herein despicably, maliciously, fraudulently, and 2 oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil motive 3 amounting to malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus 4 entitled to recover punitive damages from Defendants in an amount according to proof. 5 91. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant 6 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and 7 costs (including expert costs) in an amount according to proof. 8 SEVENTH CAUSE OF ACTION 9 Retaliation in Violation of Labor Code § 1102.5, et seq. 10 (Against Defendants and Does 1 to 10, Inclusive) 11 92. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 91 above 12 and incorporates those Paragraphs by reference into this claim, and further alleges as follows in 13 subsequent paragraphs. 14 93. Labor Code section 1102.5 prohibits Defendants from retaliating against any employee, 15 including Plaintiff for raising complaints of illegality. 16 94. Plaintiff raised complaints of illegality while he worked for Defendants, including his 17 claim breach of contract by refusing to sell CULT as promised. In response to Plaintiff’s complaints, 18 Defendants retaliated against Plaintiff by terminating his employment. 19 95. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff 20 has suffered and continues to suffer losses in earnings and other employment benefits and has incurred 21 other economic losses. 22 96. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff 23 has suffered substantial emotional distress, humiliation, shame, and embarrassment, all to the Plaintiff’s 24 damage in an amount to be proven at the time of trial. 25 97. Defendants committed the acts herein despicably, maliciously, fraudulently, and 26 oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil motive 27 28 COMPLAINT FOR DAMAGES 14 1 amounting to malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus 2 entitled to recover punitive damages from Defendants in an amount according to proof. 3 98. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant 4 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and 5 costs (including expert costs) in an amount according to proof. 6 EIGHTH CAUSE OF ACTION 7 Fraudulent Concealment 8 (Against Defendants and Does 1 to 10, Inclusive) 9 99. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 98 above 10 and incorporates those Paragraphs by reference into this claim, and further alleges as follows in 11 subsequent paragraphs. 12 100. Plaintiff was employed by Salvestrin. 13 101. When Plaintiff was hired by Salvestrin, Salvestrin failed to disclose that it never intended 14 to sell CULT. 15 102. Plaintiff had no knowledge that Defendant had no intention to sell CULT. 16 103. Defendant intended to deceive Plaintiff by concealing the fact that it had no intention to 17 sell CULT. 18 104. Had the concealed facts been disclosed to Plaintiff he would have behaved differently. 19 105. As a direct and proximate result of the concealed facts, Plaintiff was harmed. 20 106. Defendant’s concealed facts were a substantial factor in causing Plaintiff’s harm. 21 107. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff 22 has suffered and continues to suffer losses in earnings and other employment benefits and has incurred 23 other economic losses. 24 108. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff 25 has suffered substantial emotional distress, humiliation, shame, and embarrassment, all to the Plaintiff’s 26 damage in an amount to be proven at the time of trial. 27 28 COMPLAINT FOR DAMAGES 15 1 109. Defendants committed the acts herein despicably, maliciously, fraudulently, and 2 oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil motive 3 amounting to malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus 4 entitled to recover punitive damages from Defendants in an amount according to proof. 5 110. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant 6 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and 7 costs (including expert costs) in an amount according to proof. 8 NINTH CAUSE OF ACTION 9 Negligent Misrepresentation 10 (Against Defendants and Does 1 to 10, Inclusive) 11 111. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 109 12 above and incorporates those Paragraphs by reference into this claim, and further alleges as follows in 13 subsequent paragraphs. 14 112. Defendants represented to Plaintiff that a fact was true, that it was going to sell CULT. 15 113. Defendants’ representation was not true. 16 114. Although Defendants may have honestly believed the representation was true, 17 Defendants had no reasonable grounds for believing the representation was true when it was made to 18 Plaintiff. 19 115. Defendants intended that Plaintiff rely on the representation. 20 116. Plaintiff reasonably relied on the representation. 21 117. Plaintiff was harmed. 22 118. Plaintiff’s reliance on the representation was a substantial factor in causing Plaintiff’s 23 harm. 24 119. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff 25 has suffered and continues to suffer losses in earnings and other employment benefits and has incurred 26 other economic losses. 27 28 COMPLAINT FOR DAMAGES 16 1 120. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff 2 has suffered substantial emotional distress, humiliation, shame, and embarrassment, all to the Plaintiff’s 3 damage in an amount to be proven at the time of trial. 4 121. Defendants committed the acts herein despicably, maliciously, fraudulently, and 5 oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil motive 6 amounting to malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus 7 entitled to recover punitive damages from Defendants in an amount according to proof. 8 122. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant 9 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and 10 costs (including expert costs) in an amount according to proof. 11 12 TENTH CAUSE OF ACTION Promissory Estoppel 13 (Against Defendants and Does 1 to 10, Inclusive) 14 123. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 119 15 above and incorporates those Paragraphs by reference into this claim, and further alleges as follows in 16 subsequent paragraphs. 17 124. Defendants promised Plaintiff in clear and unambiguous terms that he would be hired to 18 put CULT in a position to be sold and he would receive a commission on that sale. 19 125. Plaintiff’s reliance on that promise was reasonable and foreseeable. 20 126. Defendants’ representation was not true. 21 127. Defendants intended that Plaintiff rely on the representation. 22 128. Plaintiff reasonably relied on the representation. 23 129. Plaintiff was harmed. 24 130. Plaintiff’s reliance on the representation was a substantial factor in causing Plaintiff’s 25 harm. 26 27 28 COMPLAINT FOR DAMAGES 17 1 131. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff 2 has suffered and continues to suffer losses in earnings and other employment benefits and has incurred 3 other economic losses. 4 132. As a direct, foreseeable, and proximate result of Defendants’ unlawful actions, Plaintiff 5 has suffered substantial emotional distress, humiliation, shame, and embarrassment, all to the Plaintiff’s 6 damage in an amount to be proven at the time of trial. 7 133. Defendants committed the acts herein despicably, maliciously, fraudulently, and 8 oppressively, with the wrongful intention of injuring Plaintiff, from an improper and evil motive 9 amounting to malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus 10 entitled to recover punitive damages from Defendants in an amount according to proof. 11 134. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant 12 to Government Code section 12965(b), Plaintiff is entitled to recover reasonable attorneys’ fees and 13 costs (including expert costs) in an amount according to proof. 14 15 ELEVENTH CAUSE OF ACTION Wrongful Termination in Violation of Public Policy 16 (Against Defendants and Does 1 to 10, Inclusive) 17 135. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 129 18 above and incorporate those Paragraphs by reference into this claim, and further alleges as follows in 19 subsequent paragraphs. 20 136. Defendants terminated Plaintiff’s employment in violation of various fundamental public 21 policies underlying both state and federal laws. Specifically, Plaintiffs’ employments were terminated in 22 part because of their protected status (i.e., disability, age, and/or good faith complaints of illegal 23 conduct). These actions were in violation of Fair Employment and Housing Act, Title VII of the Civil 24 Rights Act of 1964, Americans with Disabilities Act and the California Constitution. 25 137. As a proximate result of Defendants’ wrongful termination of Plaintiff’s employment in 26 violation of fundamental public policies, Plaintiff has suffered and continues to suffer humiliation, 27 28 COMPLAINT FOR DAMAGES 18 1 emotional distress, and mental and physical pain and anguish, all to his damage in a sum according to 2 proof. 3 138. As a result of Defendants’ wrongful termination of their employment, Plaintiff has 4 suffered general and special damages in sums according to proof. 5 139. Defendants’ wrongful termination of Plaintiff’s employment was done intentionally, in a 6 malicious, fraudulent, oppressive, fraudulent manner, entitling Plaintiff to punitive damages. 7 140. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees. Pursuant 8 to Code of Civil Procedure sections 1021.5 and 1032, et seq., Plaintiff is entitled to recover reasonable 9 attorneys’ fees and costs in an amount according to proof. 10 11 TWELFTH CAUSE OF ACTION Intentional Infliction of Emotional Distress 12 (Against Defendants and Does 1 to 10, Inclusive) 13 141. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 135 14 above and incorporate those Paragraphs by reference into this claim, and further alleges as follows in 15 subsequent paragraphs. 16 142. The conduct of Defendants’ managers, as set forth above, was so extreme and outrageous 17 that it exceeded the boundaries of human decency and was beyond conduct tolerated in a civilized 18 society. This conduct was intended to cause severe emotional distress or was done in reckless disregard 19 of the probability of causing severe emotional distress to Plaintiff. 20 143. As an actual and proximate result of Defendants’ wrongful conduct, Plaintiff has suffered 21 and continues to suffer severe and continuous humiliation, emotional distress, and physical and mental 22 pain and anguish, all to his damage in an amount according to proof at the time of trial. 23 144. Defendants committed the acts alleged herein maliciously, fraudulently, and 24 oppressively, with the wrongful intention of injuring Plaintiff, and acted with an improper and evil 25 motive amounting to malice and in conscious disregard of Plaintiff’s rights. Because the acts taken 26 toward Plaintiff were carried out by Defendants acting in a deliberate, cold, callous, and intentional 27 28 COMPLAINT FOR DAMAGES 19 1 manner in order to injure and damage Plaintiff, he is entitled to recover punitive damages from 2 Defendants in an amount according to proof. 3 THIRTEENTH CAUSE OF ACTION 4 Unfair Business Practices (Against Defendants and Does 1 to 10, Inclusive) 5 145. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 139 6 above and incorporate those Paragraphs by reference into this claim, and further alleges as follows in 7 subsequent paragraphs. 8 9 146. The foregoing conduct, as alleged, violates California Unfair Competition Law (“UCL”), 10 Cal. Bus. & Prof. Code section 17200, et seq. Section 17200 prohibits unfair competition by 11 prohibiting, inter alia, any unlawful and unfair business practices or business acts. 12 147. Throughout the course of Plaintiffs’ employment, Defendants committed acts of unfair 13 competition, as defined by the UCL, by, among other things, engaging in the acts and practices 14 described herein, including but not limited to discriminating against Plaintiff on the basis of his 15 disability and age, and retaliating against him for requesting accommodations. Defendants’ conduct as 16 herein alleged has damaged the Plaintiff by wrongfully causing him to lose his employment and creating 17 mental and emotional distress, and therefore was substantially injurious to the Plaintiff. 18 148. Defendants’ course of conduct, acts, and practices in violation of the California laws 19 mentioned in the above paragraph constitute a separate and