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1 Ramin R. Younessi, Esq. (SBN 175020) ELECTRONICALLY FILED
LAW OFFICES OF RAMIN R. YOUNESSI Superior Court of California
2 A PROFESSIONAL LAW CORPORATION County of Santa Barbara
3435 Wilshire Boulevard, Suite 2200 Darrel E. Parker, Executive Officer
3 Los Angeles, California 90010 4/26/2024 4:50 PM
Telephone: (213) 480-6200 By: Blanca Delabra , Deputy
4 Facsimile: (213) 480-6201
Ok'd per 4/22/24 Order
5 Attorney for Plaintiff,
MARTHA E. RAMIREZ NO SUMMONS FILED
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 FOR THE COUNTY OF SANTA BARBARA
9
MARTHA E. RAMIREZ, an individual, Case No. 22CV03495
10
FIRST AMENDED COMPLAINT FOR
11 Plaintiff, DAMAGES FOR:
12 1. DISCRIMINATION IN VIOLATION OF
v. GOV’T CODE §§12940 ET SEQ.;
13
2. HARASSMENT IN VIOLATION OF
14 JESUS REYES, an individual; REBECCA GOV’T CODE §§12940 ET SEQ.;
REYES, an individual; and DOES 1 through 20,
15 inclusive, 3. RETALIATION IN VIOLATION OF
GOV’T CODE §§12940 ET SEQ.;
16
Defendants. 4. FOR DECLARATORY JUDGMENT;
17
5. BATTERY;
18
6. ASSAULT;
19
7. SEXUAL BATTERY (CIVIL CODE
20 §1708.5);
21 8. GENDER VIOLENCE (CIVIL CODE §
52.4);
22
9. SEXUAL HARASSMENT IN VIOLATION
23 OF CIVIL CODE §51.9;
24 10. VIOLATION OF THE RALPH CIVIL
RIGHTS ACT (CIVIL CODE §51.7); AND
25
11. VIOLATION OF THE TOM BANE CIVIL
26 RIGHTS ACT (CIVIL CODE §52.1)
27 12. NEGLIGENCE
28 13. PREMISE LIABILITY
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FIRST AMENDED COMPLAINT FOR DAMAGES
DEMAND OVER $35,000
1
[DEMAND FOR JURY TRIAL]
2
3
4
5 COMES NOW PLAINTIFF, MARTHA E. RAMIREZ, and for causes of action against the
6 Defendants and each of them, alleges as follows:
7
8 JURISDICTION
9 1. This Court is the proper court, and this action is properly filed in Santa Barbara County,
10 because Defendants’ obligations and liability arise therein, because Defendants transact business within
11 Santa Barbara County, and because the property that is the subject of this action is located in Santa
12 Barbara County.
13
14 THE PARTIES
15 2. Plaintiff, Martha E. Ramirez, is and at all times relevant hereto was a resident of the
16 County of Santa Barbara, State of California.
17 3. Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant
18 hereto, Defendant JESUS REYES (hereinafter referred to as “JESUS”), was and is an individual residing
19 in and doing business in the County of Santa Barbara, State of California.
20 4. Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant
21 hereto, Defendant REBECCA REYES (hereinafter referred to as “REBECCA”) was and is an individual
22 residing in and doing business in the County of Santa Barbara, State of California.
23 5. JESUS and REBECCA are hereinafter collectively referred to as “Landlords”.
24 6. Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant
25 hereto, Landlords owned the real property located at 1027 Barrett Street, Santa Maria, CA 93454 at leased
26 it for rent.
27 7. At all times relevant herein, Landlords and DOES 1-20 were Plaintiff’s rental property
28 owner, managing agency and/or person having legal or equitable right of ownership or possession or the
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 right to rent or lease the property within the meaning of Government Code §§ 12955 and 12927,
2 subdivision (e).
3 8. The true names and capacities, whether individual, corporate, associate, or otherwise, of
4 the Defendants named herein as DOES 1-20, inclusive, are unknown to Plaintiff at this time and therefore
5 said Defendants are sued by such fictitious names. Plaintiff will seek leave to amend this complaint to
6 insert the true names and capacities of said Defendants when the same become known to Plaintiff.
7 Plaintiff is informed and believes, and based thereupon alleges, that each of the fictitiously named
8 Defendants is responsible for the wrongful acts alleged herein, and is therefore liable to Plaintiff as
9 alleged hereinafter.
10 9. Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant
11 hereto, Defendants, and each of them, were the owners, agents, managing agents, brokers, coconspirators,
12 alter egos, successors, and/or joint ventures of the other Defendants, and each of them, and in doing the
13 things alleged herein, were acting at least in part within the course and scope of said agency, conspiracy,
14 ownership, alter ego status, successor status and/or joint venture and with the permission and consent of
15 each of the other Defendants.
16 10. Plaintiff is informed and believes, and based thereupon alleges, that Defendants, and each
17 of them, including those defendants named as DOES 1-20, acted in concert with one another to commit
18 the wrongful acts alleged herein, and aided, abetted, incited, compelled and/or coerced one another in the
19 wrongful acts alleged herein, and/or attempted to do so, including pursuant to Government Code
20 §12955(g). Plaintiff is further informed and believes, and based thereupon alleges, that Defendants, and
21 each of them, including those defendants named as DOES 1-20, and each of them, formed and executed
22 a conspiracy or common plan pursuant to which they would commit the unlawful acts alleged herein,
23 with all such acts alleged herein done as part of and pursuant to said conspiracy, intended to cause and
24 actually causing Plaintiff harm.
25 11. Whenever and wherever reference is made in this complaint to any act or failure to act by
26 a Defendant or co-Defendant, such allegations and references shall also be deemed to mean the acts
27 and/or failures to act by each Defendant acting individually, jointly and severally.
28 ///
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 ALTER EGO, AGENCY, SUCCESSOR AND JOINT LANDLORD
2 12. Plaintiff is informed and believes, and based thereon alleges, that there exists such a unity
3 of interest and ownership between Landlords and DOES 1-20 that the individuality and separateness of
4 defendants have ceased to exist.
5 13. Plaintiff is informed and believes, and based thereon alleges, that despite the formation of
6 purported corporate existence, Landlords and DOES 1-20 are, in reality, one and the same, including, but
7 not limited to because:
8 a. Landlords are completely dominated and controlled by one another and DOES 1-
9 20, who personally committed the frauds and violated the laws as set forth in this complaint, and who
10 have hidden and currently hide behind Defendants to perpetrate frauds, circumvent statutes, or
11 accomplish some other wrongful or inequitable purpose.
12 b. Landlords and DOES 1-20 derive actual and significant monetary benefits by and
13 through one another’s unlawful conduct, and by using one another as the funding source for their own
14 personal expenditures.
15 c. Landlords and DOES 1-20, while really one and the same, were segregated to
16 appear as though separate and distinct for purposes of perpetrating a fraud, circumventing a statute, or
17 accomplishing some other wrongful or inequitable purpose.
18 d. Landlords do not comply with all requisite corporate formalities to maintain a legal
19 and separate corporate existence.
20 e. The business affairs of Landlords and DOES 1-20 are, and at all times relevant
21 were, so mixed and intermingled that the same cannot reasonably be segregated, and the same are in
22 inextricable confusion. Landlords are, and at all times relevant hereto were, used by one another and
23 DOES 1-20 as a mere shell and conduit for the conduct of certain of Defendants’ affairs, and are, and
24 were, the alter ego of one another and DOES 1-20. The recognition of the separate existence of
25 Defendants would not promote justice, in that it would permit Defendants to insulate themselves from
26 liability to Plaintiff for violations of the Government Code and other statutory violations. The corporate
27 existence of Landlords and DOES 1-20 should be disregarded in equity and for the ends of justice because
28 such disregard is necessary to avoid fraud and injustice to Plaintiff herein.
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 14. Accordingly, Landlords constitute the alter ego of one another and DOES 1-20, and the
2 fiction of their separate corporate existence must be disregarded.
3 15. As a result of the aforementioned facts, Plaintiff is informed and believes, and based
4 thereon alleges that Landlords and DOES 1-20 are Plaintiff’s Landlords by virtue of a joint enterprise,
5 and that Plaintiff was a tenant of Landlords and DOES 1-20 property. Plaintiff rented from each and
6 every one of Defendants, and to the mutual benefit of all Defendants, and all Defendants shared control
7 of Plaintiff’s rental property, either directly or indirectly, and the manner in which Defendants’ business
8 was and is conducted.
9 16. Alternatively, Plaintiff is informed and believes and, based thereupon alleges, that as and
10 between DOES 1-20, Landlords, or any of them, (1) there is an express or implied agreement of
11 assumption pursuant to which Landlords and/or DOES 1-20 agreed to be liable for the debts of the other
12 Defendants, (2) the transaction between Landlords and/or DOES 1-20 and the other Defendants amounts
13 to a consolidation or merger of the two corporations, (3) Landlords and/or DOES 1-20 are a mere
14 continuation of the other Defendants, or (4) the transfer of assets to Landlords and/or DOES 1-20 is for
15 the fraudulent purpose of escaping liability for Defendants’ debts. Accordingly, Landlords and/or DOES
16 1-20 are the successors of one or more of the other Defendants and are liable on that basis.
17
18 FACTUAL ALLEGATIONS
19 17. Plaintiff entered into a rental agreement with the Landlord Defendants, JESUS and
20 REBECCA REYES, to lease Defendants’ real property located at 1027 Barrett St., Santa Maria, CA
21 93458 (the “Rental Property”).
22 18. On or about November 28, 2020, without giving prior notice to Plaintiff, JESUS entered
23 the Rental Property through the back door.
24 19. Plaintiff was present and alone at the Rental Property and was shocked to see JESUS.
25 Plaintiff asked JESUS what he was doing on the Rental Property as she did not give him permission to
26 enter. JESUS told Plaintiff to shut up, pulled down his pants, and began to sexually batter Plaintiff.
27 20. Plaintiff fought back and screamed at JESUS to stop, saying that her daughter would be
28 home at any moment. JESUS told Plaintiff that he knew that Plaintiff’s daughter was not coming home
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 because she was in Los Angeles. Plaintiff does not know how JESUS knew this information, but it was
2 true that Plaintiff’s daughter was out of town and would not return that day.
3 21. Thereafter, JESUS forcibly raped Plaintiff.
4 22. JESUS’s conduct alleged in the preceding paragraphs constituted a violation of Penal
5 Code §§ 243.4(e) and 289, and, thus, constituted sexual assault as such term is used pursuant to Code of
6 Civil Procedure §340.16.
7 23. The actions of JESUS were possible because JESUS owned the Rental Property, and arose
8 out of a Landlord-Tenant relationship established by the Parties’ rental agreement. Because of JESUS’s
9 position of power and authority over Plaintiff, causing Plaintiff's fear of eviction from the Rental
10 Property, Plaintiff was unable to, and did not, give meaningful consent to the aforementioned act.
11 24. As a result of Defendants’ actions, Plaintiff has suffered and will continue to suffer general
12 and special damages, including severe and profound pain and emotional distress, humiliation, extreme
13 anxiety, depression, shame, horror, shock, anguish, physical manifestations of these conditions, physical
14 pain to her body, as well as expenses for medical and psychological treatment.
15 25. Plaintiff claims general damages for emotional and mental distress and aggravation in a
16 sum in excess of the jurisdictional minimum of this court.
17 26. Because the acts taken toward Plaintiff were carried out by Defendants acting in a
18 deliberate, cold, callous, cruel and intentional manner, in conscious disregard of Plaintiff’s rights and in
19 order to injure and damage her, Plaintiff requests that punitive damages be levied against Defendants in
20 sums in excess of the jurisdictional minimum of this court.
21
22 FIRST CAUSE OF ACTION
23 FOR DISCRIMINATION IN VIOLATION OF GOV’T CODE §§12940 ET SEQ.
24 AGAINST ALL DEFENDANTS
25 27. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
26 though set forth in full herein.
27 28. At all times hereto, the FEHA was in full force and effect and was binding upon
28 Defendants and each of them.
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 29. As such term is used under FEHA, “on the bases enumerated in this part” means or refers
2 to discrimination on the bases of one or more of the protected characteristics under FEHA.
3 30. FEHA requires Defendants to refrain from discriminating against a tenant on the basis of
4 gender, sex, and to prevent discrimination and harassment on the basis of gender and sex and engagement
5 in protected activities from occurring.
6 31. Plaintiff was a member of multiple protected classes as a result of her gender and sex.
7 32. Plaintiff suffered the adverse housing actions of unlawful harassment, discrimination,
8 failure to investigate, remedy, and/or prevent discrimination, and eviction, and was harmed thereby.
9 33. Plaintiff is informed and believes that Plaintiff’s gender, sex, and/or some combination of
10 these protected characteristics under Government Code §12955(a) were motivating reasons and/or factors
11 in the decisions to subject Plaintiff to the aforementioned adverse housing actions.
12 34. Said conduct violates the FEHA, and such violations were a proximate cause in Plaintiff’s
13 damage as stated below.
14 35. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
15 by reference.
16 36. The foregoing conduct of Defendants individually, or by and through their managing
17 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
18 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff
19 to cruel and unjust hardship in conscious disregard of Plaintiff’s rights such as to constitute malice,
20 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount
21 appropriate to punish or make an example of Defendants.
22 37. Pursuant to Government Code §12980(h), Plaintiff requests a reasonable award of
23 attorneys’ fees and costs, including expert fees pursuant to the FEHA.
24 ///
25 ///
26 ///
27 ///
28 ///
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 SECOND CAUSE OF ACTION
2 FOR HARASSMENT IN VIOLATION OF GOV’T CODE §§12940 ET SEQ.
3 AGAINST ALL DEFENDANTS
4 38. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
5 though set forth in full herein.
6 39. At all times hereto, the FEHA was in full force and effect and was binding upon
7 Defendants and each of them.
8 40. As such term is used under FEHA, “on the bases enumerated in this part” means or refers
9 to harassment on the bases of one or more of the protected characteristics under FEHA.
10 41. These laws set forth in the preceding paragraph require Defendants to refrain from
11 harassing, or creating, or maintaining a hostile environment against a tenant based upon the tenant’s
12 gender, sex, and engagement in protected activities, as set forth hereinabove.
13 42. Defendants’ harassing conduct was severe or pervasive, was unwelcome by Plaintiff, and
14 a reasonable person in Plaintiff’s circumstances would have considered the housing environment to be
15 hostile or abusive.
16 43. Defendants violated the FEHA and the public policy of the State of California which is
17 embodied in the FEHA by creating a hostile environment and harassing Plaintiff because of Plaintiff’s
18 gender, sex, engagement in protected activities, and/or some combination of these protected
19 characteristics, as set forth hereinabove.
20 44. The above said acts were perpetrated upon Plaintiff by a property owner and/or landlord,
21 and/or Defendants knew or should have known of the conduct but failed to take immediate and
22 appropriate corrective action.
23 45. The above said acts of Defendants constitute violations of the FEHA and violations of the
24 public policy of the State of California. Such violations were a proximate cause in Plaintiff’s damage as
25 stated below.
26 46. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
27 by reference.
28 ///
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 47. The foregoing conduct of Defendants individually, or by and through their managing
2 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
3 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff
4 to cruel and unjust hardship in conscious disregard of Plaintiff’s rights such as to constitute malice,
5 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount
6 appropriate to punish or make an example of Defendants.
7 48. Pursuant to Government Code §12980(h), Plaintiff requests a reasonable award of
8 attorneys’ fees and costs, including expert fees pursuant to the FEHA.
9
10 THIRD CAUSE OF ACTION
11 FOR RETALIATION IN VIOLATION OF GOV’T CODE §§12940 ET SEQ.
12 AGAINST ALL DEFENDANTS
13 49. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
14 though set forth in full herein.
15 50. At all times hereto, the FEHA was in full force and effect and was binding upon
16 Defendants and each of them.
17 51. These laws set forth in the preceding paragraph require Defendants to refrain from
18 retaliating against a tenant for engaging in protected activity.
19 52. Plaintiff engaged in the protected activities of complaining about and protesting
20 Defendants’ discriminatory and harassing conduct towards Plaintiff based upon her gender and sex.
21 53. Plaintiff suffered the adverse housing actions of unlawful harassment, discrimination,
22 failure to investigate, remedy, and/or prevent discrimination, and eviction, and was harmed thereby.
23 54. Plaintiff is informed and believes that Plaintiff’s conduct of complaining about and
24 protesting Defendants’ discriminatory and harassing conduct, and/or some combination of these factors,
25 were motivating reasons and/or factors in the decisions to subject Plaintiff to the aforementioned adverse
26 housing actions.
27 55. Defendants violated the FEHA by retaliating against Plaintiff and terminating Plaintiff for
28 attempting to exercise Plaintiff’s protected rights, as set forth hereinabove.
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 56. Plaintiff is informed and believes, and based thereon alleges, that the above acts of
2 retaliation committed by Defendants were done with the knowledge, consent, and/or ratification of, or at
3 the direction of, each other Defendant and the other Managers.
4 57. The above said acts of Defendants constitute violations of the FEHA, and were a
5 proximate cause in Plaintiff’s damage as stated below.
6 58. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
7 by reference.
8 59. The foregoing conduct of Defendants individually, or by and through their managing
9 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
10 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff
11 to cruel and unjust hardship in conscious disregard of Plaintiff’s rights such as to constitute malice,
12 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount
13 appropriate to punish or make an example of Defendants.
14 60. Pursuant to Government Code §12980(h), Plaintiff requests a reasonable award of
15 attorneys’ fees and costs, including expert fees pursuant to the FEHA.
16
17 FOURTH CAUSE OF ACTION
18 FOR DECLARATORY JUDGMENT
19 AGAINST ALL DEFENDANTS
20 61. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
21 though set forth in full herein.
22 62. Government Code §12920 sets forth the public policy of the State of California as follows:
23 It is hereby declared as the public policy of this state that it is necessary to
protect and safeguard the right and opportunity of all persons to seek,
24
obtain, and hold employment without discrimination or abridgment on
25 account of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information,
26 marital status, sex, gender, gender identity, gender expression, age, or
sexual orientation.
27
28 It is recognized that the practice of denying employment opportunity and
discriminating in the terms of employment for these reasons foments
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FIRST AMENDED COMPLAINT FOR DAMAGES
domestic strife and unrest, deprives the state of the fullest utilization of its
1
capacities for development and advancement, and substantially and
2 adversely affects the interests of employees, employers, and the public in
general.
3
Further, the practice of discrimination because of race, color, religion,
4 sex, gender, gender identity, gender expression, sexual orientation,
5 marital status, national origin, ancestry, familial status, source of income,
disability, or genetic information in housing accommodations is declared
6 to be against public policy.
7 It is the purpose of this part to provide effective remedies that will
8 eliminate these discriminatory practices.
9 This part shall be deemed an exercise of the police power of the state for
the protection of the welfare, health, and peace of the people of this state.
10
11 63. Moreover, Government Code §12921, subdivision (b) says in pertinent part:
12 The opportunity to seek, obtain, and hold housing without discrimination
13 because of race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin, ancestry,
14 familial status, source of income, disability, veteran or military status,
genetic information, or any other basis prohibited by Section 51 of the
15 Civil Code is hereby recognized as and declared to be a civil right.
16
17 64. An actual controversy has arisen and now exists between Plaintiff and Defendants
18 concerning their respective rights and duties as it is believed that Defendants may allege that they did not
19 discriminate and retaliate against Plaintiff; that Plaintiff was not evicted as a result of Plaintiff’s gender,
20 sex, engagement in protected activities, and/or some combination of these protected characteristics.
21 Plaintiff contends that Defendants did discriminate and retaliate against Plaintiff on the basis of Plaintiff’s
22 gender, sex, engagement in protected activities, and/or some combination of these protected
23 characteristics; and that Plaintiff was retaliated against and, ultimately evicted as a result of Plaintiff’s
24 gender, sex, engagement in protected activities, and/or some combination of these protected
25 characteristics. Plaintiff is informed and believes, and on that basis alleges, that Defendants shall dispute
26 Plaintiff's contentions.
27 65. Pursuant to Code of Civil Procedure §1060, Plaintiff desires a judicial determination of
28 Plaintiff’s rights and duties, and a declaration that Defendants harassed Plaintiff on the basis of Plaintiff’s
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 gender, sex, engagement in protected activities, and/or some combination of these protected
2 characteristics.
3 66. Pursuant to Code of Civil Procedure §1060, Plaintiff seeks a judicial determination of
4 Plaintiff’s rights and duties, and a declaration that Plaintiff’s gender, sex, engagement in protected
5 activities, and/or some combination of these protected characteristics was a substantial motivating factor
6 in the decision to subject Plaintiff to the aforementioned adverse housing actions.
7 67. A judicial declaration is necessary and appropriate at this time under the circumstances in
8 order that Plaintiff, for Plaintiff and on behalf of employees in the State of California and in conformity
9 with the public policy of the State, obtain a judicial declaration of the wrongdoing of Defendants and to
10 condemn such discriminatory employment policies or practices prospectively. Harris v. City of Santa
11 Monica (2013) 56 Cal.4th 203.
12 68. A judicial declaration is necessary and appropriate at this time such that Defendants may
13 also be aware of their obligations under the law to not engage in discriminatory practices and to not
14 violate the law in the future.
15 69. Government Code §12980(h) provides that an aggrieved party, such as the Plaintiff herein,
16 may be awarded reasonable attorney's fees and costs: "In civil actions brought under this section, the
17 court, in its discretion, may award to the prevailing party, including the department, reasonable attorney's
18 fees and costs, including expert witness fees." Such fees and costs expended by an aggrieved party may
19 be awarded for the purpose of redressing, preventing, or deterring discrimination and harassment.
20
21 FIFTH CAUSE OF ACTION
22 FOR COMMON LAW BATTERY
23 AGAINST JESUS REYES
24 70. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
25 though set forth in full herein.
26 71. A person is liable for battery if the person intentionally caused a harmful or offensive
27 touching of another person.
28 ///
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 72. As alleged herein, JESUS acted with intent to cause a harmful or offensive touching of
2 Plaintiff, and a harmful and offensive touching of Plaintiff resulted.
3 73. As alleged herein, JESUS solicited, encouraged, enabled, and conspired with DOES 1-20
4 to act with intent to cause a harmful or offensive touching of Plaintiff, and a harmful and offensive
5 touching of Plaintiff repeatedly resulted.
6 74. At all times when committing the aforementioned batteries, JESUS was active, at least in
7 part, in the course and scope as owner of the Rental Property and as Plaintiff’s landlord.
8 75. The above said acts of JESUS were a proximate cause in Plaintiff’s damages as stated
9 below.
10 76. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
11 by reference.
12 77. The foregoing conduct of Defendants individually, or by and through their managing
13 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
14 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiffs
15 to cruel and unjust hardship in conscious disregard of Plaintiff’s rights such as to constitute malice,
16 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount
17 appropriate to punish or make an example of Defendants.
18
19 SIXTH CAUSE OF ACTION
20 FOR COMMON LAW ASSAULT
21 AGAINST JESUS REYES
22 78. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
23 though set forth in full herein.
24 79. A person is liable for assault if the person intentionally threatened another person causing
25 a reasonable apprehension of an imminent harmful or offensive bodily contact.
26 80. As alleged herein, JESUS acted with intent to threaten Plaintiff with an imminent harmful
27 or offensive bodily contact and caused Plaintiff a reasonable apprehension of such contact.
28 ///
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 81. As alleged herein, JESUS solicited, encouraged, enabled, and conspired with DOES 1-20
2 to act with intent to threaten Plaintiff with an imminent harmful or offensive bodily contact and caused
3 Plaintiff a reasonable apprehension of such contact.
4 82. At all times when committing the aforementioned batteries, JESUS was acting, at least in
5 part, in the course and scope of owner of the Rental Property and as Plaintiff’s landlord.
6 83. The above said acts of Defendants were a proximate cause in Plaintiff’s damages as stated
7 below.
8 84. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
9 by reference.
10 85. The foregoing conduct of Defendants individually, or by and through their managing
11 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
12 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff
13 to cruel and unjust hardship in conscious disregard of Plaintiff’s rights such as to constitute malice,
14 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount
15 appropriate to punish or make an example of Defendants.
16
17 SEVENTH CAUSE OF ACTION
18 FOR SEXUAL BATTERY IN VIOLATION OF CIVIL CODE §1708.5 ET SEQ.
19 AGAINST JESUS REYES
20 86. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
21 though set forth in full herein.
22 87. At all times hereto, Civil Code §1708.5 was in full force and effect and was binding upon
23 Defendants and each of them. Under Civil Code §1708.5, a person is civilly liable for sexual battery if
24 the person acted with the intent to cause harmful or offensive contact with an intimate part of another,
25 and a sexually offensive contact results.
26 88. As alleged herein, JESUS acted with intent to cause harmful or offensive contact with an
27 intimate part of Plaintiff, including her vagina, and a sexually offensive and harmful contact resulted. At
28 the time of his sexual batteries upon Plaintiff, JESUS was acting, at least in part, in the course and scope
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 of owner of the Rental Property and as Plaintiff’s landlord, and Landlord Defendants and DOES 1-20,
2 ratified JESUS’s sexual batteries upon Plaintiff.
3 89. The above said acts of Defendants constitute violations of Civil Code §1708.5, and were
4 a proximate cause in Plaintiff’s damages as stated below.
5 90. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
6 by reference.
7 91. Pursuant to Civil Code §1708.5(c), Plaintiff requests an award of punitive damages, in
8 addition to general and special damages.
9 92. Pursuant to Civil Code §1708.5(c) and this court’s statutory authority to award any other
10 relief the court deems proper, Plaintiff requests a reasonable award of attorneys’ fees and costs, including
11 expert fees, and any other relief the court deems proper.
12
13 EIGHTH CAUSE OF ACTION
14 FOR GENDER VIOLENCE
15 CIVIL CODE §52.4
16 AGAINST ALL DEFENDANTS
17 93. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
18 though set forth in full herein.
19 94. At all relevant times mentioned in this complaint, Civil Code §52.4 was in full force and
20 effect and was binding on Defendants.
21 95. Civil Code §52.4 declares, in pertinent part, that any person subjected to gender violence
22 may bring a civil action for damages against any responsible party, and may seek actual, compensatory,
23 and punitive damages thereof, or any other appropriate relief.
24 96. For purposes of Civil Code §52.4, gender violence is a form of sex discrimination and
25 means any of the following:
26 a. An act that would constitute a criminal offense under state law that has as an
27 element the use, attempted use or threatened use of physical force against the person of another,
28
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 committed at least in part based on the gender of the victim, whether or not the act has resulted in a
2 criminal complaint, charge, prosecution, or conviction.
3 b. A physical intrusion or physical invasion of a sexual nature under coercive
4 conditions, whether or not the act has resulted in a criminal complaint, charge, prosecution, or conviction.
5 97. As alleged above, JESUS assaulted, battered, raped, sexually assaulted, and sexually
6 battered Plaintiff thereby subjecting her to gender violence within the meaning of Civil Code §52.4.
7 98. As alleged above, JESUS engaged in the foregoing conduct at least in part based on
8 Plaintiff’s gender, thereby subjecting her to gender violence within the meaning of Civil Code §52.4.
9 99. As alleged above, JESUS raped Plaintiff at the Rental Property where Plaintiff had the
10 right to occupy and did not give JESUS permission to enter, and thereby assaulted and battered Plaintiff,
11 thereby subjecting her to gender violence within the meaning of Civil Code §52.4.
12 100. As alleged above, JESUS engaged in the foregoing conduct at least in part based on
13 Plaintiff’s gender, thereby subjecting her to gender violence within the meaning of Civil Code §52.4.
14 101. At the time of the gender violence, JESUS was acting, at least in part, in the course and
15 scope of owner of the Rental Property and as Plaintiff’s landlord, and Landlord Defendants, enabled and
16 ratified JESUS’s gender violence committed against Plaintiff.
17 102. In so doing, JESUS and Landlord Defendants committed gender violence against Plaintiff
18 in violation of Civil Code §52.4.
19 103. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
20 by reference.
21 104. The foregoing conduct of Defendants individually, or by and through their managing
22 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
23 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff
24 to cruel and unjust hardship in conscious disregard of Plaintiff’s right to be free from gender violence,
25 such as to constitute malice, oppression, or fraud under Civil Code §52.4(a), thereby entitling Plaintiff to
26 punitive damages in an amount appropriate to punish or make an example of Defendants.
27 105. Pursuant to Civil Code §52.4(a), Plaintiff requests an award of attorneys’ fees in
28 prosecuting this action.
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 NINTH CAUSE OF ACTION
2 FOR SEXUAL HARASSMENT
3 CIVIL CODE §51.9
4 AGAINST ALL DEFENDANTS
5 106. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
6 though set forth in full herein.
7 107. At all relevant times mentioned in this complaint, Civil Code §51.9 was in full force and
8 effect and was binding on defendants, and makes unlawful sexual harassment in the context of a business,
9 service or professional relationship, expressly including that of landlord or property manager.
10 108. At all relevant times herein, Plaintiff, on the one hand, and Defendants, on the other hand,
11 were in a business, service, or professional relationship, by virtue of Plaintiff’s tenancy at the Rental
12 Property, and Defendants' status as landlord and/or property manager.
13 109. Defendants, by and through JESUS, made sexual advances, solicitations, sexual requests,
14 demands for sexual compliance by the Plaintiff, or engaged in other verbal, visual, or physical conduct
15 of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe.
16 110. Due to Plaintiff’s tenancy at the Rental Property with her daughter, there was an inability
17 by Plaintiff to easily terminate the relationship with Defendants, and each of them.
18 111. Plaintiff is informed and believes, and thereon alleges, that the acts of JESUS alleged
19 herein were done at least in part, in the course and scope of owner of the Rental Property and as Plaintiff’s
20 landlord. This conduct occurred while JESUS was owner of the Rental Property, arose from the very
21 professional services JESUS was to perform pursuant to the Landlord-Tenant relationship, and that this
22 predatory and exploitative sexual conduct was incidental to the Landlord-Tenant relationship between
23 Plaintiff and Defendants.
24 112. Defendants, including Landlord Defendants, are vicariously responsible for the unlawful
25 conduct of JESUS under the plain language of Civil Code §51.9: "The word 'person' includes a
26 corporation as well as a natural person." Hassan v. Mercy American River Hosp. (2003) 31 Cal.4th 709,
27 717; C.R. v. Tenet Healthcare Corp. (2009) 169 Cal.App.4th 1094, 1110.
28 ///
-17-
FIRST AMENDED COMPLAINT FOR DAMAGES
1 113. As a direct and proximate result of Defendants' sexual harassment, Plaintiff has suffered
2 or will suffer economic loss or disadvantage or personal injury, including, but not limited to, emotional
3 distress or the violation of a statutory or constitutional right.
4 114. In failing to protect Plaintiff from JESUS’s aforementioned conduct and, instead, refusing
5 to do anything to protect Plaintiff to the conduct to which the Landlord Defendants subjected Plaintiff by
6 virtue of her tenancy at the Rental Property, Landlord Defendants aided, incited and/or conspired in
7 JESUS's and one another's violation of Civil Code §51.9, which itself is actionable as a violation of Civil
8 Code §51.9 pursuant to Civil Code §52.
9 115. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
10 by reference.
11 116. The foregoing conduct of defendants individually, or by and through their managing
12 agents, was intended by the defendants to cause injury to the Plaintiff or was despicable conduct carried
13 on by the defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff
14 to cruel and unjust hardship in conscious disregard of Plaintiff’s civil rights, such as to constitute malice,
15 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount
16 appropriate to punish or make an example of defendants.
17 117. In addition to and/or in lieu of Plaintiff’s election, Plaintiff is entitled to receive and hereby
18 seeks statutory damages pursuant to Civil Code §52(b), including actual and exemplary damages, as well
19 as a civil penalty pursuant to Civil Code §52(b)(2) of $25,000.00.
20 118. Pursuant to Civil Code §52(b)(3), Plaintiff requests an award of attorneys’ fees in
21 prosecuting this action.
22
23 TENTH CAUSE OF ACTION
24 FOR VIOLATION OF THE RALPH CIVIL RIGHTS ACT
25 CIVIL CODE §51.7
26 AGAINST ALL DEFENDANTS
27 119. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
28 though set forth in full herein.
-18-
FIRST AMENDED COMPLAINT FOR DAMAGES
1 120. At all times mentioned herein, Plaintiff had the right to be from any violence, or
2 intimidation by threat of violence, committed against her person on account of her sex and/or gender.
3 121. As alleged above, Defendants subjected Plaintiff to violence, and/or intimidation by
4 threats of violence against their person on account of their sex and/or gender.
5 122. In so doing, Defendants violated the civil rights of Plaintiff, as set forth in the Ralph Civil
6 Rights Act, which is codified in Civil Code §51.7.
7 123. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
8 by reference.
9 124. The foregoing conduct of Defendants individually, or by and through their managing
10 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
11 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff
12 to cruel and unjust hardship in conscious disregard of Plaintiff’s right to be free from violence, or
13 intimidation by threat of violence, committed against her person on account of her sex and/or gender,
14 such as to constitute malice, oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to
15 punitive damages in an amount appropriate to punish or make an example of Defendants.
16 125. In addition to and/or in lieu of Plaintiff’s election, Plaintiff is entitled to receive and hereby
17 seek statutory damages pursuant to Civil Code §52(b), including actual and exemplary damages, as well
18 as a civil penalty pursuant to Civil Code §52(b)(2) of $25,000.00.
19 126. Pursuant to Civil Code §52(b)(3), Plaintiff request an award of attorneys’ fees in
20 prosecuting this action.
21
22 ELEVENTH CAUSE OF ACTION
23 FOR VIOLATION OF THE TOM BANE CIVIL RIGHTS ACT
24 CIVIL CODE §52.1
25 AGAINST ALL DEFENDANTS
26 127. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
27 though set forth in full herein.
28 ///
-19-
FIRST AMENDED COMPLAINT FOR DAMAGES
1 128. At all relevant times mentioned in this Complaint, Civil Code §51.9 and Ralph Civil
2 Rights Act were in full force and effect and were binding on Defendants. These laws require defendants
3 to refrain, among other things, from harassing any person on the basis of sex, denying them equal access
4 to business establishments, and conferred upon Plaintiff the right to be from any violence, or intimidation
5 by threat of violence, committed against her person on account of her sex.
6 129. Pursuant to the foregoing laws, Plaintiff had the right to be free from violen
Preview
1 Ramin R. Younessi, Esq. (SBN 175020) ELECTRONICALLY FILED LAW OFFICES OF RAMIN R. YOUNESSI Superior Court of California 2 A PROFESSIONAL LAW CORPORATION County of Santa Barbara 3435 Wilshire Boulevard, Suite 2200 Darrel E. Parker, Executive Officer 3 Los Angeles, California 90010 4/26/2024 4:50 PM Telephone: (213) 480-6200 By: Blanca Delabra , Deputy 4 Facsimile: (213) 480-6201 Ok'd per 4/22/24 Order 5 Attorney for Plaintiff, MARTHA E. RAMIREZ NO SUMMONS FILED 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF SANTA BARBARA 9 MARTHA E. RAMIREZ, an individual, Case No. 22CV03495 10 FIRST AMENDED COMPLAINT FOR 11 Plaintiff, DAMAGES FOR: 12 1. DISCRIMINATION IN VIOLATION OF v. GOV’T CODE §§12940 ET SEQ.; 13 2. HARASSMENT IN VIOLATION OF 14 JESUS REYES, an individual; REBECCA GOV’T CODE §§12940 ET SEQ.; REYES, an individual; and DOES 1 through 20, 15 inclusive, 3. RETALIATION IN VIOLATION OF GOV’T CODE §§12940 ET SEQ.; 16 Defendants. 4. FOR DECLARATORY JUDGMENT; 17 5. BATTERY; 18 6. ASSAULT; 19 7. SEXUAL BATTERY (CIVIL CODE 20 §1708.5); 21 8. GENDER VIOLENCE (CIVIL CODE § 52.4); 22 9. SEXUAL HARASSMENT IN VIOLATION 23 OF CIVIL CODE §51.9; 24 10. VIOLATION OF THE RALPH CIVIL RIGHTS ACT (CIVIL CODE §51.7); AND 25 11. VIOLATION OF THE TOM BANE CIVIL 26 RIGHTS ACT (CIVIL CODE §52.1) 27 12. NEGLIGENCE 28 13. PREMISE LIABILITY -1- FIRST AMENDED COMPLAINT FOR DAMAGES DEMAND OVER $35,000 1 [DEMAND FOR JURY TRIAL] 2 3 4 5 COMES NOW PLAINTIFF, MARTHA E. RAMIREZ, and for causes of action against the 6 Defendants and each of them, alleges as follows: 7 8 JURISDICTION 9 1. This Court is the proper court, and this action is properly filed in Santa Barbara County, 10 because Defendants’ obligations and liability arise therein, because Defendants transact business within 11 Santa Barbara County, and because the property that is the subject of this action is located in Santa 12 Barbara County. 13 14 THE PARTIES 15 2. Plaintiff, Martha E. Ramirez, is and at all times relevant hereto was a resident of the 16 County of Santa Barbara, State of California. 17 3. Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant 18 hereto, Defendant JESUS REYES (hereinafter referred to as “JESUS”), was and is an individual residing 19 in and doing business in the County of Santa Barbara, State of California. 20 4. Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant 21 hereto, Defendant REBECCA REYES (hereinafter referred to as “REBECCA”) was and is an individual 22 residing in and doing business in the County of Santa Barbara, State of California. 23 5. JESUS and REBECCA are hereinafter collectively referred to as “Landlords”. 24 6. Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant 25 hereto, Landlords owned the real property located at 1027 Barrett Street, Santa Maria, CA 93454 at leased 26 it for rent. 27 7. At all times relevant herein, Landlords and DOES 1-20 were Plaintiff’s rental property 28 owner, managing agency and/or person having legal or equitable right of ownership or possession or the -2- FIRST AMENDED COMPLAINT FOR DAMAGES 1 right to rent or lease the property within the meaning of Government Code §§ 12955 and 12927, 2 subdivision (e). 3 8. The true names and capacities, whether individual, corporate, associate, or otherwise, of 4 the Defendants named herein as DOES 1-20, inclusive, are unknown to Plaintiff at this time and therefore 5 said Defendants are sued by such fictitious names. Plaintiff will seek leave to amend this complaint to 6 insert the true names and capacities of said Defendants when the same become known to Plaintiff. 7 Plaintiff is informed and believes, and based thereupon alleges, that each of the fictitiously named 8 Defendants is responsible for the wrongful acts alleged herein, and is therefore liable to Plaintiff as 9 alleged hereinafter. 10 9. Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant 11 hereto, Defendants, and each of them, were the owners, agents, managing agents, brokers, coconspirators, 12 alter egos, successors, and/or joint ventures of the other Defendants, and each of them, and in doing the 13 things alleged herein, were acting at least in part within the course and scope of said agency, conspiracy, 14 ownership, alter ego status, successor status and/or joint venture and with the permission and consent of 15 each of the other Defendants. 16 10. Plaintiff is informed and believes, and based thereupon alleges, that Defendants, and each 17 of them, including those defendants named as DOES 1-20, acted in concert with one another to commit 18 the wrongful acts alleged herein, and aided, abetted, incited, compelled and/or coerced one another in the 19 wrongful acts alleged herein, and/or attempted to do so, including pursuant to Government Code 20 §12955(g). Plaintiff is further informed and believes, and based thereupon alleges, that Defendants, and 21 each of them, including those defendants named as DOES 1-20, and each of them, formed and executed 22 a conspiracy or common plan pursuant to which they would commit the unlawful acts alleged herein, 23 with all such acts alleged herein done as part of and pursuant to said conspiracy, intended to cause and 24 actually causing Plaintiff harm. 25 11. Whenever and wherever reference is made in this complaint to any act or failure to act by 26 a Defendant or co-Defendant, such allegations and references shall also be deemed to mean the acts 27 and/or failures to act by each Defendant acting individually, jointly and severally. 28 /// -3- FIRST AMENDED COMPLAINT FOR DAMAGES 1 ALTER EGO, AGENCY, SUCCESSOR AND JOINT LANDLORD 2 12. Plaintiff is informed and believes, and based thereon alleges, that there exists such a unity 3 of interest and ownership between Landlords and DOES 1-20 that the individuality and separateness of 4 defendants have ceased to exist. 5 13. Plaintiff is informed and believes, and based thereon alleges, that despite the formation of 6 purported corporate existence, Landlords and DOES 1-20 are, in reality, one and the same, including, but 7 not limited to because: 8 a. Landlords are completely dominated and controlled by one another and DOES 1- 9 20, who personally committed the frauds and violated the laws as set forth in this complaint, and who 10 have hidden and currently hide behind Defendants to perpetrate frauds, circumvent statutes, or 11 accomplish some other wrongful or inequitable purpose. 12 b. Landlords and DOES 1-20 derive actual and significant monetary benefits by and 13 through one another’s unlawful conduct, and by using one another as the funding source for their own 14 personal expenditures. 15 c. Landlords and DOES 1-20, while really one and the same, were segregated to 16 appear as though separate and distinct for purposes of perpetrating a fraud, circumventing a statute, or 17 accomplishing some other wrongful or inequitable purpose. 18 d. Landlords do not comply with all requisite corporate formalities to maintain a legal 19 and separate corporate existence. 20 e. The business affairs of Landlords and DOES 1-20 are, and at all times relevant 21 were, so mixed and intermingled that the same cannot reasonably be segregated, and the same are in 22 inextricable confusion. Landlords are, and at all times relevant hereto were, used by one another and 23 DOES 1-20 as a mere shell and conduit for the conduct of certain of Defendants’ affairs, and are, and 24 were, the alter ego of one another and DOES 1-20. The recognition of the separate existence of 25 Defendants would not promote justice, in that it would permit Defendants to insulate themselves from 26 liability to Plaintiff for violations of the Government Code and other statutory violations. The corporate 27 existence of Landlords and DOES 1-20 should be disregarded in equity and for the ends of justice because 28 such disregard is necessary to avoid fraud and injustice to Plaintiff herein. -4- FIRST AMENDED COMPLAINT FOR DAMAGES 1 14. Accordingly, Landlords constitute the alter ego of one another and DOES 1-20, and the 2 fiction of their separate corporate existence must be disregarded. 3 15. As a result of the aforementioned facts, Plaintiff is informed and believes, and based 4 thereon alleges that Landlords and DOES 1-20 are Plaintiff’s Landlords by virtue of a joint enterprise, 5 and that Plaintiff was a tenant of Landlords and DOES 1-20 property. Plaintiff rented from each and 6 every one of Defendants, and to the mutual benefit of all Defendants, and all Defendants shared control 7 of Plaintiff’s rental property, either directly or indirectly, and the manner in which Defendants’ business 8 was and is conducted. 9 16. Alternatively, Plaintiff is informed and believes and, based thereupon alleges, that as and 10 between DOES 1-20, Landlords, or any of them, (1) there is an express or implied agreement of 11 assumption pursuant to which Landlords and/or DOES 1-20 agreed to be liable for the debts of the other 12 Defendants, (2) the transaction between Landlords and/or DOES 1-20 and the other Defendants amounts 13 to a consolidation or merger of the two corporations, (3) Landlords and/or DOES 1-20 are a mere 14 continuation of the other Defendants, or (4) the transfer of assets to Landlords and/or DOES 1-20 is for 15 the fraudulent purpose of escaping liability for Defendants’ debts. Accordingly, Landlords and/or DOES 16 1-20 are the successors of one or more of the other Defendants and are liable on that basis. 17 18 FACTUAL ALLEGATIONS 19 17. Plaintiff entered into a rental agreement with the Landlord Defendants, JESUS and 20 REBECCA REYES, to lease Defendants’ real property located at 1027 Barrett St., Santa Maria, CA 21 93458 (the “Rental Property”). 22 18. On or about November 28, 2020, without giving prior notice to Plaintiff, JESUS entered 23 the Rental Property through the back door. 24 19. Plaintiff was present and alone at the Rental Property and was shocked to see JESUS. 25 Plaintiff asked JESUS what he was doing on the Rental Property as she did not give him permission to 26 enter. JESUS told Plaintiff to shut up, pulled down his pants, and began to sexually batter Plaintiff. 27 20. Plaintiff fought back and screamed at JESUS to stop, saying that her daughter would be 28 home at any moment. JESUS told Plaintiff that he knew that Plaintiff’s daughter was not coming home -5- FIRST AMENDED COMPLAINT FOR DAMAGES 1 because she was in Los Angeles. Plaintiff does not know how JESUS knew this information, but it was 2 true that Plaintiff’s daughter was out of town and would not return that day. 3 21. Thereafter, JESUS forcibly raped Plaintiff. 4 22. JESUS’s conduct alleged in the preceding paragraphs constituted a violation of Penal 5 Code §§ 243.4(e) and 289, and, thus, constituted sexual assault as such term is used pursuant to Code of 6 Civil Procedure §340.16. 7 23. The actions of JESUS were possible because JESUS owned the Rental Property, and arose 8 out of a Landlord-Tenant relationship established by the Parties’ rental agreement. Because of JESUS’s 9 position of power and authority over Plaintiff, causing Plaintiff's fear of eviction from the Rental 10 Property, Plaintiff was unable to, and did not, give meaningful consent to the aforementioned act. 11 24. As a result of Defendants’ actions, Plaintiff has suffered and will continue to suffer general 12 and special damages, including severe and profound pain and emotional distress, humiliation, extreme 13 anxiety, depression, shame, horror, shock, anguish, physical manifestations of these conditions, physical 14 pain to her body, as well as expenses for medical and psychological treatment. 15 25. Plaintiff claims general damages for emotional and mental distress and aggravation in a 16 sum in excess of the jurisdictional minimum of this court. 17 26. Because the acts taken toward Plaintiff were carried out by Defendants acting in a 18 deliberate, cold, callous, cruel and intentional manner, in conscious disregard of Plaintiff’s rights and in 19 order to injure and damage her, Plaintiff requests that punitive damages be levied against Defendants in 20 sums in excess of the jurisdictional minimum of this court. 21 22 FIRST CAUSE OF ACTION 23 FOR DISCRIMINATION IN VIOLATION OF GOV’T CODE §§12940 ET SEQ. 24 AGAINST ALL DEFENDANTS 25 27. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 26 though set forth in full herein. 27 28. At all times hereto, the FEHA was in full force and effect and was binding upon 28 Defendants and each of them. -6- FIRST AMENDED COMPLAINT FOR DAMAGES 1 29. As such term is used under FEHA, “on the bases enumerated in this part” means or refers 2 to discrimination on the bases of one or more of the protected characteristics under FEHA. 3 30. FEHA requires Defendants to refrain from discriminating against a tenant on the basis of 4 gender, sex, and to prevent discrimination and harassment on the basis of gender and sex and engagement 5 in protected activities from occurring. 6 31. Plaintiff was a member of multiple protected classes as a result of her gender and sex. 7 32. Plaintiff suffered the adverse housing actions of unlawful harassment, discrimination, 8 failure to investigate, remedy, and/or prevent discrimination, and eviction, and was harmed thereby. 9 33. Plaintiff is informed and believes that Plaintiff’s gender, sex, and/or some combination of 10 these protected characteristics under Government Code §12955(a) were motivating reasons and/or factors 11 in the decisions to subject Plaintiff to the aforementioned adverse housing actions. 12 34. Said conduct violates the FEHA, and such violations were a proximate cause in Plaintiff’s 13 damage as stated below. 14 35. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated 15 by reference. 16 36. The foregoing conduct of Defendants individually, or by and through their managing 17 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried 18 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff 19 to cruel and unjust hardship in conscious disregard of Plaintiff’s rights such as to constitute malice, 20 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount 21 appropriate to punish or make an example of Defendants. 22 37. Pursuant to Government Code §12980(h), Plaintiff requests a reasonable award of 23 attorneys’ fees and costs, including expert fees pursuant to the FEHA. 24 /// 25 /// 26 /// 27 /// 28 /// -7- FIRST AMENDED COMPLAINT FOR DAMAGES 1 SECOND CAUSE OF ACTION 2 FOR HARASSMENT IN VIOLATION OF GOV’T CODE §§12940 ET SEQ. 3 AGAINST ALL DEFENDANTS 4 38. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 5 though set forth in full herein. 6 39. At all times hereto, the FEHA was in full force and effect and was binding upon 7 Defendants and each of them. 8 40. As such term is used under FEHA, “on the bases enumerated in this part” means or refers 9 to harassment on the bases of one or more of the protected characteristics under FEHA. 10 41. These laws set forth in the preceding paragraph require Defendants to refrain from 11 harassing, or creating, or maintaining a hostile environment against a tenant based upon the tenant’s 12 gender, sex, and engagement in protected activities, as set forth hereinabove. 13 42. Defendants’ harassing conduct was severe or pervasive, was unwelcome by Plaintiff, and 14 a reasonable person in Plaintiff’s circumstances would have considered the housing environment to be 15 hostile or abusive. 16 43. Defendants violated the FEHA and the public policy of the State of California which is 17 embodied in the FEHA by creating a hostile environment and harassing Plaintiff because of Plaintiff’s 18 gender, sex, engagement in protected activities, and/or some combination of these protected 19 characteristics, as set forth hereinabove. 20 44. The above said acts were perpetrated upon Plaintiff by a property owner and/or landlord, 21 and/or Defendants knew or should have known of the conduct but failed to take immediate and 22 appropriate corrective action. 23 45. The above said acts of Defendants constitute violations of the FEHA and violations of the 24 public policy of the State of California. Such violations were a proximate cause in Plaintiff’s damage as 25 stated below. 26 46. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated 27 by reference. 28 /// -8- FIRST AMENDED COMPLAINT FOR DAMAGES 1 47. The foregoing conduct of Defendants individually, or by and through their managing 2 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried 3 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff 4 to cruel and unjust hardship in conscious disregard of Plaintiff’s rights such as to constitute malice, 5 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount 6 appropriate to punish or make an example of Defendants. 7 48. Pursuant to Government Code §12980(h), Plaintiff requests a reasonable award of 8 attorneys’ fees and costs, including expert fees pursuant to the FEHA. 9 10 THIRD CAUSE OF ACTION 11 FOR RETALIATION IN VIOLATION OF GOV’T CODE §§12940 ET SEQ. 12 AGAINST ALL DEFENDANTS 13 49. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 14 though set forth in full herein. 15 50. At all times hereto, the FEHA was in full force and effect and was binding upon 16 Defendants and each of them. 17 51. These laws set forth in the preceding paragraph require Defendants to refrain from 18 retaliating against a tenant for engaging in protected activity. 19 52. Plaintiff engaged in the protected activities of complaining about and protesting 20 Defendants’ discriminatory and harassing conduct towards Plaintiff based upon her gender and sex. 21 53. Plaintiff suffered the adverse housing actions of unlawful harassment, discrimination, 22 failure to investigate, remedy, and/or prevent discrimination, and eviction, and was harmed thereby. 23 54. Plaintiff is informed and believes that Plaintiff’s conduct of complaining about and 24 protesting Defendants’ discriminatory and harassing conduct, and/or some combination of these factors, 25 were motivating reasons and/or factors in the decisions to subject Plaintiff to the aforementioned adverse 26 housing actions. 27 55. Defendants violated the FEHA by retaliating against Plaintiff and terminating Plaintiff for 28 attempting to exercise Plaintiff’s protected rights, as set forth hereinabove. -9- FIRST AMENDED COMPLAINT FOR DAMAGES 1 56. Plaintiff is informed and believes, and based thereon alleges, that the above acts of 2 retaliation committed by Defendants were done with the knowledge, consent, and/or ratification of, or at 3 the direction of, each other Defendant and the other Managers. 4 57. The above said acts of Defendants constitute violations of the FEHA, and were a 5 proximate cause in Plaintiff’s damage as stated below. 6 58. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated 7 by reference. 8 59. The foregoing conduct of Defendants individually, or by and through their managing 9 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried 10 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff 11 to cruel and unjust hardship in conscious disregard of Plaintiff’s rights such as to constitute malice, 12 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount 13 appropriate to punish or make an example of Defendants. 14 60. Pursuant to Government Code §12980(h), Plaintiff requests a reasonable award of 15 attorneys’ fees and costs, including expert fees pursuant to the FEHA. 16 17 FOURTH CAUSE OF ACTION 18 FOR DECLARATORY JUDGMENT 19 AGAINST ALL DEFENDANTS 20 61. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 21 though set forth in full herein. 22 62. Government Code §12920 sets forth the public policy of the State of California as follows: 23 It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, 24 obtain, and hold employment without discrimination or abridgment on 25 account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, 26 marital status, sex, gender, gender identity, gender expression, age, or sexual orientation. 27 28 It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment for these reasons foments -10- FIRST AMENDED COMPLAINT FOR DAMAGES domestic strife and unrest, deprives the state of the fullest utilization of its 1 capacities for development and advancement, and substantially and 2 adversely affects the interests of employees, employers, and the public in general. 3 Further, the practice of discrimination because of race, color, religion, 4 sex, gender, gender identity, gender expression, sexual orientation, 5 marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in housing accommodations is declared 6 to be against public policy. 7 It is the purpose of this part to provide effective remedies that will 8 eliminate these discriminatory practices. 9 This part shall be deemed an exercise of the police power of the state for the protection of the welfare, health, and peace of the people of this state. 10 11 63. Moreover, Government Code §12921, subdivision (b) says in pertinent part: 12 The opportunity to seek, obtain, and hold housing without discrimination 13 because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, 14 familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the 15 Civil Code is hereby recognized as and declared to be a civil right. 16 17 64. An actual controversy has arisen and now exists between Plaintiff and Defendants 18 concerning their respective rights and duties as it is believed that Defendants may allege that they did not 19 discriminate and retaliate against Plaintiff; that Plaintiff was not evicted as a result of Plaintiff’s gender, 20 sex, engagement in protected activities, and/or some combination of these protected characteristics. 21 Plaintiff contends that Defendants did discriminate and retaliate against Plaintiff on the basis of Plaintiff’s 22 gender, sex, engagement in protected activities, and/or some combination of these protected 23 characteristics; and that Plaintiff was retaliated against and, ultimately evicted as a result of Plaintiff’s 24 gender, sex, engagement in protected activities, and/or some combination of these protected 25 characteristics. Plaintiff is informed and believes, and on that basis alleges, that Defendants shall dispute 26 Plaintiff's contentions. 27 65. Pursuant to Code of Civil Procedure §1060, Plaintiff desires a judicial determination of 28 Plaintiff’s rights and duties, and a declaration that Defendants harassed Plaintiff on the basis of Plaintiff’s -11- FIRST AMENDED COMPLAINT FOR DAMAGES 1 gender, sex, engagement in protected activities, and/or some combination of these protected 2 characteristics. 3 66. Pursuant to Code of Civil Procedure §1060, Plaintiff seeks a judicial determination of 4 Plaintiff’s rights and duties, and a declaration that Plaintiff’s gender, sex, engagement in protected 5 activities, and/or some combination of these protected characteristics was a substantial motivating factor 6 in the decision to subject Plaintiff to the aforementioned adverse housing actions. 7 67. A judicial declaration is necessary and appropriate at this time under the circumstances in 8 order that Plaintiff, for Plaintiff and on behalf of employees in the State of California and in conformity 9 with the public policy of the State, obtain a judicial declaration of the wrongdoing of Defendants and to 10 condemn such discriminatory employment policies or practices prospectively. Harris v. City of Santa 11 Monica (2013) 56 Cal.4th 203. 12 68. A judicial declaration is necessary and appropriate at this time such that Defendants may 13 also be aware of their obligations under the law to not engage in discriminatory practices and to not 14 violate the law in the future. 15 69. Government Code §12980(h) provides that an aggrieved party, such as the Plaintiff herein, 16 may be awarded reasonable attorney's fees and costs: "In civil actions brought under this section, the 17 court, in its discretion, may award to the prevailing party, including the department, reasonable attorney's 18 fees and costs, including expert witness fees." Such fees and costs expended by an aggrieved party may 19 be awarded for the purpose of redressing, preventing, or deterring discrimination and harassment. 20 21 FIFTH CAUSE OF ACTION 22 FOR COMMON LAW BATTERY 23 AGAINST JESUS REYES 24 70. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 25 though set forth in full herein. 26 71. A person is liable for battery if the person intentionally caused a harmful or offensive 27 touching of another person. 28 /// -12- FIRST AMENDED COMPLAINT FOR DAMAGES 1 72. As alleged herein, JESUS acted with intent to cause a harmful or offensive touching of 2 Plaintiff, and a harmful and offensive touching of Plaintiff resulted. 3 73. As alleged herein, JESUS solicited, encouraged, enabled, and conspired with DOES 1-20 4 to act with intent to cause a harmful or offensive touching of Plaintiff, and a harmful and offensive 5 touching of Plaintiff repeatedly resulted. 6 74. At all times when committing the aforementioned batteries, JESUS was active, at least in 7 part, in the course and scope as owner of the Rental Property and as Plaintiff’s landlord. 8 75. The above said acts of JESUS were a proximate cause in Plaintiff’s damages as stated 9 below. 10 76. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated 11 by reference. 12 77. The foregoing conduct of Defendants individually, or by and through their managing 13 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried 14 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiffs 15 to cruel and unjust hardship in conscious disregard of Plaintiff’s rights such as to constitute malice, 16 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount 17 appropriate to punish or make an example of Defendants. 18 19 SIXTH CAUSE OF ACTION 20 FOR COMMON LAW ASSAULT 21 AGAINST JESUS REYES 22 78. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 23 though set forth in full herein. 24 79. A person is liable for assault if the person intentionally threatened another person causing 25 a reasonable apprehension of an imminent harmful or offensive bodily contact. 26 80. As alleged herein, JESUS acted with intent to threaten Plaintiff with an imminent harmful 27 or offensive bodily contact and caused Plaintiff a reasonable apprehension of such contact. 28 /// -13- FIRST AMENDED COMPLAINT FOR DAMAGES 1 81. As alleged herein, JESUS solicited, encouraged, enabled, and conspired with DOES 1-20 2 to act with intent to threaten Plaintiff with an imminent harmful or offensive bodily contact and caused 3 Plaintiff a reasonable apprehension of such contact. 4 82. At all times when committing the aforementioned batteries, JESUS was acting, at least in 5 part, in the course and scope of owner of the Rental Property and as Plaintiff’s landlord. 6 83. The above said acts of Defendants were a proximate cause in Plaintiff’s damages as stated 7 below. 8 84. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated 9 by reference. 10 85. The foregoing conduct of Defendants individually, or by and through their managing 11 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried 12 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff 13 to cruel and unjust hardship in conscious disregard of Plaintiff’s rights such as to constitute malice, 14 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount 15 appropriate to punish or make an example of Defendants. 16 17 SEVENTH CAUSE OF ACTION 18 FOR SEXUAL BATTERY IN VIOLATION OF CIVIL CODE §1708.5 ET SEQ. 19 AGAINST JESUS REYES 20 86. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 21 though set forth in full herein. 22 87. At all times hereto, Civil Code §1708.5 was in full force and effect and was binding upon 23 Defendants and each of them. Under Civil Code §1708.5, a person is civilly liable for sexual battery if 24 the person acted with the intent to cause harmful or offensive contact with an intimate part of another, 25 and a sexually offensive contact results. 26 88. As alleged herein, JESUS acted with intent to cause harmful or offensive contact with an 27 intimate part of Plaintiff, including her vagina, and a sexually offensive and harmful contact resulted. At 28 the time of his sexual batteries upon Plaintiff, JESUS was acting, at least in part, in the course and scope -14- FIRST AMENDED COMPLAINT FOR DAMAGES 1 of owner of the Rental Property and as Plaintiff’s landlord, and Landlord Defendants and DOES 1-20, 2 ratified JESUS’s sexual batteries upon Plaintiff. 3 89. The above said acts of Defendants constitute violations of Civil Code §1708.5, and were 4 a proximate cause in Plaintiff’s damages as stated below. 5 90. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated 6 by reference. 7 91. Pursuant to Civil Code §1708.5(c), Plaintiff requests an award of punitive damages, in 8 addition to general and special damages. 9 92. Pursuant to Civil Code §1708.5(c) and this court’s statutory authority to award any other 10 relief the court deems proper, Plaintiff requests a reasonable award of attorneys’ fees and costs, including 11 expert fees, and any other relief the court deems proper. 12 13 EIGHTH CAUSE OF ACTION 14 FOR GENDER VIOLENCE 15 CIVIL CODE §52.4 16 AGAINST ALL DEFENDANTS 17 93. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 18 though set forth in full herein. 19 94. At all relevant times mentioned in this complaint, Civil Code §52.4 was in full force and 20 effect and was binding on Defendants. 21 95. Civil Code §52.4 declares, in pertinent part, that any person subjected to gender violence 22 may bring a civil action for damages against any responsible party, and may seek actual, compensatory, 23 and punitive damages thereof, or any other appropriate relief. 24 96. For purposes of Civil Code §52.4, gender violence is a form of sex discrimination and 25 means any of the following: 26 a. An act that would constitute a criminal offense under state law that has as an 27 element the use, attempted use or threatened use of physical force against the person of another, 28 -15- FIRST AMENDED COMPLAINT FOR DAMAGES 1 committed at least in part based on the gender of the victim, whether or not the act has resulted in a 2 criminal complaint, charge, prosecution, or conviction. 3 b. A physical intrusion or physical invasion of a sexual nature under coercive 4 conditions, whether or not the act has resulted in a criminal complaint, charge, prosecution, or conviction. 5 97. As alleged above, JESUS assaulted, battered, raped, sexually assaulted, and sexually 6 battered Plaintiff thereby subjecting her to gender violence within the meaning of Civil Code §52.4. 7 98. As alleged above, JESUS engaged in the foregoing conduct at least in part based on 8 Plaintiff’s gender, thereby subjecting her to gender violence within the meaning of Civil Code §52.4. 9 99. As alleged above, JESUS raped Plaintiff at the Rental Property where Plaintiff had the 10 right to occupy and did not give JESUS permission to enter, and thereby assaulted and battered Plaintiff, 11 thereby subjecting her to gender violence within the meaning of Civil Code §52.4. 12 100. As alleged above, JESUS engaged in the foregoing conduct at least in part based on 13 Plaintiff’s gender, thereby subjecting her to gender violence within the meaning of Civil Code §52.4. 14 101. At the time of the gender violence, JESUS was acting, at least in part, in the course and 15 scope of owner of the Rental Property and as Plaintiff’s landlord, and Landlord Defendants, enabled and 16 ratified JESUS’s gender violence committed against Plaintiff. 17 102. In so doing, JESUS and Landlord Defendants committed gender violence against Plaintiff 18 in violation of Civil Code §52.4. 19 103. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated 20 by reference. 21 104. The foregoing conduct of Defendants individually, or by and through their managing 22 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried 23 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff 24 to cruel and unjust hardship in conscious disregard of Plaintiff’s right to be free from gender violence, 25 such as to constitute malice, oppression, or fraud under Civil Code §52.4(a), thereby entitling Plaintiff to 26 punitive damages in an amount appropriate to punish or make an example of Defendants. 27 105. Pursuant to Civil Code §52.4(a), Plaintiff requests an award of attorneys’ fees in 28 prosecuting this action. -16- FIRST AMENDED COMPLAINT FOR DAMAGES 1 NINTH CAUSE OF ACTION 2 FOR SEXUAL HARASSMENT 3 CIVIL CODE §51.9 4 AGAINST ALL DEFENDANTS 5 106. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 6 though set forth in full herein. 7 107. At all relevant times mentioned in this complaint, Civil Code §51.9 was in full force and 8 effect and was binding on defendants, and makes unlawful sexual harassment in the context of a business, 9 service or professional relationship, expressly including that of landlord or property manager. 10 108. At all relevant times herein, Plaintiff, on the one hand, and Defendants, on the other hand, 11 were in a business, service, or professional relationship, by virtue of Plaintiff’s tenancy at the Rental 12 Property, and Defendants' status as landlord and/or property manager. 13 109. Defendants, by and through JESUS, made sexual advances, solicitations, sexual requests, 14 demands for sexual compliance by the Plaintiff, or engaged in other verbal, visual, or physical conduct 15 of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe. 16 110. Due to Plaintiff’s tenancy at the Rental Property with her daughter, there was an inability 17 by Plaintiff to easily terminate the relationship with Defendants, and each of them. 18 111. Plaintiff is informed and believes, and thereon alleges, that the acts of JESUS alleged 19 herein were done at least in part, in the course and scope of owner of the Rental Property and as Plaintiff’s 20 landlord. This conduct occurred while JESUS was owner of the Rental Property, arose from the very 21 professional services JESUS was to perform pursuant to the Landlord-Tenant relationship, and that this 22 predatory and exploitative sexual conduct was incidental to the Landlord-Tenant relationship between 23 Plaintiff and Defendants. 24 112. Defendants, including Landlord Defendants, are vicariously responsible for the unlawful 25 conduct of JESUS under the plain language of Civil Code §51.9: "The word 'person' includes a 26 corporation as well as a natural person." Hassan v. Mercy American River Hosp. (2003) 31 Cal.4th 709, 27 717; C.R. v. Tenet Healthcare Corp. (2009) 169 Cal.App.4th 1094, 1110. 28 /// -17- FIRST AMENDED COMPLAINT FOR DAMAGES 1 113. As a direct and proximate result of Defendants' sexual harassment, Plaintiff has suffered 2 or will suffer economic loss or disadvantage or personal injury, including, but not limited to, emotional 3 distress or the violation of a statutory or constitutional right. 4 114. In failing to protect Plaintiff from JESUS’s aforementioned conduct and, instead, refusing 5 to do anything to protect Plaintiff to the conduct to which the Landlord Defendants subjected Plaintiff by 6 virtue of her tenancy at the Rental Property, Landlord Defendants aided, incited and/or conspired in 7 JESUS's and one another's violation of Civil Code §51.9, which itself is actionable as a violation of Civil 8 Code §51.9 pursuant to Civil Code §52. 9 115. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated 10 by reference. 11 116. The foregoing conduct of defendants individually, or by and through their managing 12 agents, was intended by the defendants to cause injury to the Plaintiff or was despicable conduct carried 13 on by the defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff 14 to cruel and unjust hardship in conscious disregard of Plaintiff’s civil rights, such as to constitute malice, 15 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount 16 appropriate to punish or make an example of defendants. 17 117. In addition to and/or in lieu of Plaintiff’s election, Plaintiff is entitled to receive and hereby 18 seeks statutory damages pursuant to Civil Code §52(b), including actual and exemplary damages, as well 19 as a civil penalty pursuant to Civil Code §52(b)(2) of $25,000.00. 20 118. Pursuant to Civil Code §52(b)(3), Plaintiff requests an award of attorneys’ fees in 21 prosecuting this action. 22 23 TENTH CAUSE OF ACTION 24 FOR VIOLATION OF THE RALPH CIVIL RIGHTS ACT 25 CIVIL CODE §51.7 26 AGAINST ALL DEFENDANTS 27 119. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 28 though set forth in full herein. -18- FIRST AMENDED COMPLAINT FOR DAMAGES 1 120. At all times mentioned herein, Plaintiff had the right to be from any violence, or 2 intimidation by threat of violence, committed against her person on account of her sex and/or gender. 3 121. As alleged above, Defendants subjected Plaintiff to violence, and/or intimidation by 4 threats of violence against their person on account of their sex and/or gender. 5 122. In so doing, Defendants violated the civil rights of Plaintiff, as set forth in the Ralph Civil 6 Rights Act, which is codified in Civil Code §51.7. 7 123. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated 8 by reference. 9 124. The foregoing conduct of Defendants individually, or by and through their managing 10 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried 11 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff 12 to cruel and unjust hardship in conscious disregard of Plaintiff’s right to be free from violence, or 13 intimidation by threat of violence, committed against her person on account of her sex and/or gender, 14 such as to constitute malice, oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to 15 punitive damages in an amount appropriate to punish or make an example of Defendants. 16 125. In addition to and/or in lieu of Plaintiff’s election, Plaintiff is entitled to receive and hereby 17 seek statutory damages pursuant to Civil Code §52(b), including actual and exemplary damages, as well 18 as a civil penalty pursuant to Civil Code §52(b)(2) of $25,000.00. 19 126. Pursuant to Civil Code §52(b)(3), Plaintiff request an award of attorneys’ fees in 20 prosecuting this action. 21 22 ELEVENTH CAUSE OF ACTION 23 FOR VIOLATION OF THE TOM BANE CIVIL RIGHTS ACT 24 CIVIL CODE §52.1 25 AGAINST ALL DEFENDANTS 26 127. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 27 though set forth in full herein. 28 /// -19- FIRST AMENDED COMPLAINT FOR DAMAGES 1 128. At all relevant times mentioned in this Complaint, Civil Code §51.9 and Ralph Civil 2 Rights Act were in full force and effect and were binding on Defendants. These laws require defendants 3 to refrain, among other things, from harassing any person on the basis of sex, denying them equal access 4 to business establishments, and conferred upon Plaintiff the right to be from any violence, or intimidation 5 by threat of violence, committed against her person on account of her sex. 6 129. Pursuant to the foregoing laws, Plaintiff had the right to be free from violen