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Michael J. Freiman, Esq. (SBN 280716)
Law Office of Michael Freiman
100 Wilshire Blvd., Ste. 700
Santa Monica, CA 90401
(310) 917-1022
mike@employlegal.com
Attorney for Plaintiff BRIAN NITENSON
SUPERIOR COURT FOR THE STATE OF CLAIFORNIA
COUNTY OF SANTA CLARA
BRIAN NITENSON, CASE NO.:
Plaintiff, COMPLAINT FOR:
v. 1, Discrimination in Violation of FEHA
2. Failure to Prevent Discrimination (FEHA)
STANFORD HEALTH CARE; and 3. Harassment in Violation of FEHA.
DOES | through 20, inclusive, 4. Failure to Prevent Harassment (FEHA)
5, Retaliation in Violation of FEHA
Defendants. 6. Retaliation in Violation of Labor Code s. 1102.5
7. Retaliation in Violation of Labor Code s. 6310
8. Violation of California Family Rights Act
9. Failure to Engage in a Good Faith Interactive
Process in Violation of FEHA
10. Failure to Provide Reasonable Accommodation
in Violation of FEHA
DEMAND FOR JURY TRIAL
Plaintiff BRIAN NITENSON for her Complaint against Defendants STANFORD HEALTH CARE;
and DOES 1 through 20, inclusive, hereby complains and alleges as follows:
PARTIES, JURISDICTION AND VENUE
1. Plaintiff Brian Nitenson was at all times relevant to the matters alleged in this
complaint an individual with its residence in California.
2. Plaintiff is informed and believes and thereon alleges that the fictitiously-named
Defendants sued herein as Does 1 through 20 inclusive, and each of them, are in some manner
responsible for the occurrences, acts, and omissions alleged herein and that Plaintiff's damages were
COMPLAINT FOR DAMAGES
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proximately caused by their conduct. The true names and capacities of such fictitiously-named Doe
Defendants, whether individual, corporate, partnership, associate or otherwise, are presently
unknown to Plaintiff, and Plaintiff will seek leave of the Court to amend this Complaint to assert the
true names and capacities of such fictitiously-named Defendants when the same have been
ascertained. For convenience, each reference to the named Defendant herein shall also refer to Does
1 through 20, inclusive.
3. Plaintiff is informed and believes and thereon alleges that in committing certain acts
herein as alleged, some or all of the Defendants herein named were acting as the agents, joint ventures,
partners, representatives, subsidiaries, affiliates and/or employees of some or all of the other
Defendants, and that some or all of the conduct of such Defendants, as complained of herein, was
within the course and scope of such relationship.
4. Pursuant to Article VI, Section 10 of the California Constitution, subject matter
jurisdiction is proper in the Superior Court of California, County of Santa Clara.
5. Pursuant to Section 395 of the California Code of Civil Procedure, venue is proper in
the Superior Court of California for the County of Santa Clara, because the Defendant conducted
business in Santa Clara County.
FACTUAL BACKGROUND
6. Defendants failed to engage in good faith in the interactive process and provide
reasonable accommodation for Plaintiff's disabilities.
7. Defendants subjected Plaintiff to harassment/discrimination/retaliation on the bases of
race, ancestry, national origin, color, sex/gender, request for and exercise of reasonable
accommodation/medical leave, disability, medical condition, association with someone of a protected
COMPLAINT FOR DAMAGES
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class, opposition to/complaints about discrimination/harassment/retaliation, and opposition
to/complaints about threats of physical violence and an unsafe work environment.
8. Defendants subjected Plaintiff to verbal harassment, hostile work environment,
offensive visual displays, requiring Plaintiff remove articles of clothing, threats of physical violence,
increased scrutiny, false and pretextual reviews/warnings/write ups/discipline, failure to transfer,
defamation, failure to investigate Claimant's complaints, failure to accommodate Claimant's
disability, denied an employment benefit or privilege, failed to give equal considerations in making
employment decisions, denied work opportunities or assignments, and other actions adversely
affected Plaintiff's terms and conditions of employment or which would tend to dissuade a worker
from opposing discrimination/harassment/retaliation.
9. Defendants’ actions constitute disparate impact and disparate treatment
discrimination, and are part of a pattern and practice of discrimination/harassment/retaliation.
10. Plaintiff has received a Right to Sue letter from the California Department of Fair
Housing and Employment and has thus exhausted all necessary administrative remedies.
FIRST CAUSE OF ACTION
(iscrimination in Violation of FEHA)
(Against All Defendants)
11. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as
though fully set forth herein.
12. Defendants’ actions constitute discrimination in violation of the Fair Employment and
Housing Act (“FEHA”).
13. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
and continues to suffer a loss in earnings and other employment benefits according to proof at time
of trial.
COMPLAINT FOR DAMAGES
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14. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
humiliation, emotional distress and mental pain and anguish all to its damage in an amount according
to proof at trial.
15. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or
conscious disregard of Plaintiff's rights and Plaintiff is therefore entitled to punitive damages.
SECOND CAUSE OF ACTION
(ailure to Prevent Discrimination in Violation of FEHA)
(Against All Defendants)
16. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as
though fully set forth herein.
17. Under FEHA, it is unlawful for an employer to fail to take all reasonable steps to
prevent discrimination.
18. Defendants had knowledge and/or reasonable notice of the discrimination that took
place against Plaintiff and failed to prevent such.
19. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
and continues to suffer a loss in earnings and other employment benefits according to proof at time
of trial.
20. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
humiliation, emotional distress and mental pain and anguish all to its damage in an amount according
to proof at trial.
21. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or
conscious disregard of Plaintiff's rights and Plaintiff is therefore entitled to punitive damages.
COMPLAINT FOR DAMAGES
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THIRD CAUSE OF ACTION
(Harassment in Violation of FEHA)
(Against All Defendants)
22. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as
though fully set forth herein.
23. Defendants’ actions constitute harassment in violation of the Fair Employment and
Housing Act (“FEHA”).
24. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
and continues to suffer a loss in earnings and other employment benefits according to proof at time
of trial.
25. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
humiliation, emotional distress and mental pain and anguish all to its damage in an amount according
to proof at trial.
26. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or
conscious disregard of Plaintiff’s rights and Plaintiff is therefore entitled to punitive damages.
FOURTH CAUSE OF ACTION
(Failure to Prevent Harassment in Violation of FEHA)
(Against All Defendants)
27. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as
though fully set forth herein.
28. Defendants” actions constitute failure to prevent harassment in violation of the Fair
Employment and Housing Act (“FEHA”).
29. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
and continues to suffer a loss in earnings and other employment benefits according to proof at time
of trial.
COMPLAINT FOR DAMAGES
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30. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
humiliation, emotional distress and mental pain and anguish all to its damage in an amount according
to proof at trial.
31. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or
conscious disregard of Plaintiff's rights and Plaintiff is therefore entitled to punitive damages.
FIFTH CAUSE OF ACTION
(Retaliation in Violation of FEHA)
(Against All Defendants)
32. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as
though fully set forth herein.
33. Defendants’ actions constitute retaliation in violation of the Fair Employment and
Housing Act (“FEHA”).
34. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
and continues to suffer a loss in earnings and other employment benefits according to proof at time
of trial.
35. Asa proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
humiliation, emotional distress and mental pain and anguish all to its damage in an amount according
to proof at trial.
36. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or
conscious disregard of Plaintiff’s rights and Plaintiff is therefore entitled to punitive damages.
SIXTH CAUSE OF ACTION
(Retaliation in Violation of Labor Code s. 1102.5)
(Against All Defendants)
37. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as
though fully set forth herein,
COMPLAINT FOR DAMAGES
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38. Defendants’ actions constitute retaliation in violation of Labor Code s. 1102.5.
39. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
and continues to suffer a loss in earnings and other employment benefits according to proof at time
of trial.
40. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
humiliation, emotional distress and mental pain and anguish all to its damage in an amount according
to proof at trial.
41. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or
conscious disregard of Plaintiff’s rights and Plaintiff is therefore entitled to punitive damages.
SEVENTH CAUSE OF ACTION
(Retaliation in Violation of Labor Code s. 6310)
(Against All Defendants)
42. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as
though fully set forth herein.
43. Defendants’ actions constitute retaliation in violation of Labor Code s. 6310.
44. Asa proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
and continues to suffer a loss in earnings and other employment benefits according to proof at time
of trial.
45. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
humiliation, emotional distress and mental pain and anguish all to its damage in an amount according
to proof at trial.
46. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or
conscious disregard of Plaintiff's rights and Plaintiff is therefore entitled to punitive damages.
COMPLAINT FOR DAMAGES:
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EIGHTH CAUSE OF ACTION
(Violation of California Family Rights Act (“CFRA”))
(Against All Defendants)
47, Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as
though fully set forth herein.
48. Defendants’ actions constitute a violation of CFRA.
49. Asa proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
and continues to suffer a loss in earnings and other employment benefits according to proof at time
of trial.
50. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
humiliation, emotional distress and mental pain and anguish all to its damage in an amount according
to proof at trial.
51. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or
conscious disregard of Plaintiff’s rights and Plaintiff is therefore entitled to punitive damages.
NINTH CAUSE OF ACTION
(Failure to Engage in a Good Faith Interactive Process in Violation of FEHA)
(Against All Defendants)
52. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as
though fully set forth herein.
53. Defendants failed to engage in a good faith interactive process in violation of FEHA.
54. Asa proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
and continues to suffer a loss in earnings and other employment benefits according to proof at time
of trial.
COMPLAINT FOR DAMAGES
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55. Asa proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
humiliation, emotional distress and mental pain and anguish all to its damage in an amount according
to proof at trial.
56. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or
conscious disregard of Plaintiff's rights and Plaintiff is therefore entitled to punitive damages.
cea ASE Oe Mien
(Failure to Provide Reasonable ‘ccommodation in Violation of FEHA)
(Against All Defendants)
57. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as
though fully set forth herein. |
58. Defendants failed to provide reasonable accommodation in violation of FEHA.
59. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
and continues to suffer a loss in earnings and other employment benefits according to proof at time
of trial. |
60. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered
humiliation, emotional distress and mental pain and anguish all to its damage in an amount according
to proof at trial. |
61. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or
conscious disregard of Plaintiff's rights and Plaintiff is therefore entitled to punitive damages.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
1. For payment of earned wages, withheld earnings, and other damages according to
proof in an amount to be ascertained at trial;
2. For payment of all statutory obligations and penalties as required by law;
COMPLAINT FOR DAMAGES
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3. For penalties, special damages, compensatory, and general damages in an amount to
be proven at trial;
4. For punitive damages as allowed by law;
Loss of income incurred and to be incurred according to proof;
For reasonable attorneys’ fees;
For costs of suit incurred herein;
For interest provided by law;
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For restitution and other equitable relief; and
10. For such other and further relief as the court deems just and proper.
Dated: October 17, 2018 By: LAW OFFICE OF MICHAEL FREIMAN
Michael J. Fr > Esq.
Attorney for Plaintiff Brian Nitenson
DEMAND FOR JURY TRIAL
Plaintiff Brian Nitenson demands a jury trial.
Dated: October 17, 2018 By: LAW OFFICE OF MICHAEL FREIMAN
ichael J. Fréiman, Esq.
Attorney for Plaintiff Brian Nitenson
COMPLAINT FOR DAMAGES.
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Co ON DAH FF WN RRM YN NY NY NN NY Be ee Be Be Be Be Be Be od AA KR NH fF SOD MAYDA A RB wYw NKR KE OO Michael J. Freiman, Esq. (SBN 280716) Law Office of Michael Freiman 100 Wilshire Blvd., Ste. 700 Santa Monica, CA 90401 (310) 917-1022 mike@employlegal.com Attorney for Plaintiff BRIAN NITENSON SUPERIOR COURT FOR THE STATE OF CLAIFORNIA COUNTY OF SANTA CLARA BRIAN NITENSON, CASE NO.: Plaintiff, COMPLAINT FOR: v. 1, Discrimination in Violation of FEHA 2. Failure to Prevent Discrimination (FEHA) STANFORD HEALTH CARE; and 3. Harassment in Violation of FEHA. DOES | through 20, inclusive, 4. Failure to Prevent Harassment (FEHA) 5, Retaliation in Violation of FEHA Defendants. 6. Retaliation in Violation of Labor Code s. 1102.5 7. Retaliation in Violation of Labor Code s. 6310 8. Violation of California Family Rights Act 9. Failure to Engage in a Good Faith Interactive Process in Violation of FEHA 10. Failure to Provide Reasonable Accommodation in Violation of FEHA DEMAND FOR JURY TRIAL Plaintiff BRIAN NITENSON for her Complaint against Defendants STANFORD HEALTH CARE; and DOES 1 through 20, inclusive, hereby complains and alleges as follows: PARTIES, JURISDICTION AND VENUE 1. Plaintiff Brian Nitenson was at all times relevant to the matters alleged in this complaint an individual with its residence in California. 2. Plaintiff is informed and believes and thereon alleges that the fictitiously-named Defendants sued herein as Does 1 through 20 inclusive, and each of them, are in some manner responsible for the occurrences, acts, and omissions alleged herein and that Plaintiff's damages were COMPLAINT FOR DAMAGES 1CoO ND KH BF WN Yb NY N YN NN DY ee Be Be Be eB ew eA and ONA SOx DRA AEBHAS proximately caused by their conduct. The true names and capacities of such fictitiously-named Doe Defendants, whether individual, corporate, partnership, associate or otherwise, are presently unknown to Plaintiff, and Plaintiff will seek leave of the Court to amend this Complaint to assert the true names and capacities of such fictitiously-named Defendants when the same have been ascertained. For convenience, each reference to the named Defendant herein shall also refer to Does 1 through 20, inclusive. 3. Plaintiff is informed and believes and thereon alleges that in committing certain acts herein as alleged, some or all of the Defendants herein named were acting as the agents, joint ventures, partners, representatives, subsidiaries, affiliates and/or employees of some or all of the other Defendants, and that some or all of the conduct of such Defendants, as complained of herein, was within the course and scope of such relationship. 4. Pursuant to Article VI, Section 10 of the California Constitution, subject matter jurisdiction is proper in the Superior Court of California, County of Santa Clara. 5. Pursuant to Section 395 of the California Code of Civil Procedure, venue is proper in the Superior Court of California for the County of Santa Clara, because the Defendant conducted business in Santa Clara County. FACTUAL BACKGROUND 6. Defendants failed to engage in good faith in the interactive process and provide reasonable accommodation for Plaintiff's disabilities. 7. Defendants subjected Plaintiff to harassment/discrimination/retaliation on the bases of race, ancestry, national origin, color, sex/gender, request for and exercise of reasonable accommodation/medical leave, disability, medical condition, association with someone of a protected COMPLAINT FOR DAMAGES 2Co eo NY DW PF wWwN NN YP NY YN NN NY Be Be ee Be ee eB es ot DAH BF HH |= SoH ARAA A BRYWDNH ES class, opposition to/complaints about discrimination/harassment/retaliation, and opposition to/complaints about threats of physical violence and an unsafe work environment. 8. Defendants subjected Plaintiff to verbal harassment, hostile work environment, offensive visual displays, requiring Plaintiff remove articles of clothing, threats of physical violence, increased scrutiny, false and pretextual reviews/warnings/write ups/discipline, failure to transfer, defamation, failure to investigate Claimant's complaints, failure to accommodate Claimant's disability, denied an employment benefit or privilege, failed to give equal considerations in making employment decisions, denied work opportunities or assignments, and other actions adversely affected Plaintiff's terms and conditions of employment or which would tend to dissuade a worker from opposing discrimination/harassment/retaliation. 9. Defendants’ actions constitute disparate impact and disparate treatment discrimination, and are part of a pattern and practice of discrimination/harassment/retaliation. 10. Plaintiff has received a Right to Sue letter from the California Department of Fair Housing and Employment and has thus exhausted all necessary administrative remedies. FIRST CAUSE OF ACTION (iscrimination in Violation of FEHA) (Against All Defendants) 11. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as though fully set forth herein. 12. Defendants’ actions constitute discrimination in violation of the Fair Employment and Housing Act (“FEHA”). 13. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered and continues to suffer a loss in earnings and other employment benefits according to proof at time of trial. COMPLAINT FOR DAMAGES 3CO ND HW BF WN PN Ye NY NY NN NN ee Be Be eB ewe eB eB Be eI KDA PB HH F&F SOM KAA AR BONHES 14. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered humiliation, emotional distress and mental pain and anguish all to its damage in an amount according to proof at trial. 15. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or conscious disregard of Plaintiff's rights and Plaintiff is therefore entitled to punitive damages. SECOND CAUSE OF ACTION (ailure to Prevent Discrimination in Violation of FEHA) (Against All Defendants) 16. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as though fully set forth herein. 17. Under FEHA, it is unlawful for an employer to fail to take all reasonable steps to prevent discrimination. 18. Defendants had knowledge and/or reasonable notice of the discrimination that took place against Plaintiff and failed to prevent such. 19. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered and continues to suffer a loss in earnings and other employment benefits according to proof at time of trial. 20. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered humiliation, emotional distress and mental pain and anguish all to its damage in an amount according to proof at trial. 21. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or conscious disregard of Plaintiff's rights and Plaintiff is therefore entitled to punitive damages. COMPLAINT FOR DAMAGES 4Cond Aw FF WYN 10 THIRD CAUSE OF ACTION (Harassment in Violation of FEHA) (Against All Defendants) 22. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as though fully set forth herein. 23. Defendants’ actions constitute harassment in violation of the Fair Employment and Housing Act (“FEHA”). 24. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered and continues to suffer a loss in earnings and other employment benefits according to proof at time of trial. 25. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered humiliation, emotional distress and mental pain and anguish all to its damage in an amount according to proof at trial. 26. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or conscious disregard of Plaintiff’s rights and Plaintiff is therefore entitled to punitive damages. FOURTH CAUSE OF ACTION (Failure to Prevent Harassment in Violation of FEHA) (Against All Defendants) 27. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as though fully set forth herein. 28. Defendants” actions constitute failure to prevent harassment in violation of the Fair Employment and Housing Act (“FEHA”). 29. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered and continues to suffer a loss in earnings and other employment benefits according to proof at time of trial. COMPLAINT FOR DAMAGES 5Co Oo YN DAW BF BN mb oN YY NY NY NR N NN ee ee “ eo ua oR BOKRX SSR dAAAREHR AS 30. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered humiliation, emotional distress and mental pain and anguish all to its damage in an amount according to proof at trial. 31. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or conscious disregard of Plaintiff's rights and Plaintiff is therefore entitled to punitive damages. FIFTH CAUSE OF ACTION (Retaliation in Violation of FEHA) (Against All Defendants) 32. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as though fully set forth herein. 33. Defendants’ actions constitute retaliation in violation of the Fair Employment and Housing Act (“FEHA”). 34. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered and continues to suffer a loss in earnings and other employment benefits according to proof at time of trial. 35. Asa proximate result of the wrongful conduct of Defendants, Plaintiff has suffered humiliation, emotional distress and mental pain and anguish all to its damage in an amount according to proof at trial. 36. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or conscious disregard of Plaintiff’s rights and Plaintiff is therefore entitled to punitive damages. SIXTH CAUSE OF ACTION (Retaliation in Violation of Labor Code s. 1102.5) (Against All Defendants) 37. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as though fully set forth herein, COMPLAINT FOR DAMAGES 6Co YN AH BRB wWN Yb RYN YN NN HY HF ee eS _ _ eA QAARBENKHP SSR ARABDREBR TS 38. Defendants’ actions constitute retaliation in violation of Labor Code s. 1102.5. 39. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered and continues to suffer a loss in earnings and other employment benefits according to proof at time of trial. 40. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered humiliation, emotional distress and mental pain and anguish all to its damage in an amount according to proof at trial. 41. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or conscious disregard of Plaintiff’s rights and Plaintiff is therefore entitled to punitive damages. SEVENTH CAUSE OF ACTION (Retaliation in Violation of Labor Code s. 6310) (Against All Defendants) 42. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as though fully set forth herein. 43. Defendants’ actions constitute retaliation in violation of Labor Code s. 6310. 44. Asa proximate result of the wrongful conduct of Defendants, Plaintiff has suffered and continues to suffer a loss in earnings and other employment benefits according to proof at time of trial. 45. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered humiliation, emotional distress and mental pain and anguish all to its damage in an amount according to proof at trial. 46. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or conscious disregard of Plaintiff's rights and Plaintiff is therefore entitled to punitive damages. COMPLAINT FOR DAMAGES: 7Cor AH PF WN wR YR NN NNN FF ee se Se ee Se So Va aA Fs BNH F&F SFO HAA UH BW NH KF OD EIGHTH CAUSE OF ACTION (Violation of California Family Rights Act (“CFRA”)) (Against All Defendants) 47, Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as though fully set forth herein. 48. Defendants’ actions constitute a violation of CFRA. 49. Asa proximate result of the wrongful conduct of Defendants, Plaintiff has suffered and continues to suffer a loss in earnings and other employment benefits according to proof at time of trial. 50. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered humiliation, emotional distress and mental pain and anguish all to its damage in an amount according to proof at trial. 51. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or conscious disregard of Plaintiff’s rights and Plaintiff is therefore entitled to punitive damages. NINTH CAUSE OF ACTION (Failure to Engage in a Good Faith Interactive Process in Violation of FEHA) (Against All Defendants) 52. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as though fully set forth herein. 53. Defendants failed to engage in a good faith interactive process in violation of FEHA. 54. Asa proximate result of the wrongful conduct of Defendants, Plaintiff has suffered and continues to suffer a loss in earnings and other employment benefits according to proof at time of trial. COMPLAINT FOR DAMAGES 8Cord AH RB WN wm NY NY NY NNN KN SF ee ee Se Be ee So UPA ae DH KF SFO OHA ADAH BF WN KK SO 55. Asa proximate result of the wrongful conduct of Defendants, Plaintiff has suffered humiliation, emotional distress and mental pain and anguish all to its damage in an amount according to proof at trial. 56. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or conscious disregard of Plaintiff's rights and Plaintiff is therefore entitled to punitive damages. cea ASE Oe Mien (Failure to Provide Reasonable ‘ccommodation in Violation of FEHA) (Against All Defendants) 57. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint as though fully set forth herein. | 58. Defendants failed to provide reasonable accommodation in violation of FEHA. 59. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered and continues to suffer a loss in earnings and other employment benefits according to proof at time of trial. | 60. As a proximate result of the wrongful conduct of Defendants, Plaintiff has suffered humiliation, emotional distress and mental pain and anguish all to its damage in an amount according to proof at trial. | 61. In doing the acts herein alleged, Defendants acted with oppression, malice, and/or conscious disregard of Plaintiff's rights and Plaintiff is therefore entitled to punitive damages. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendants as follows: 1. For payment of earned wages, withheld earnings, and other damages according to proof in an amount to be ascertained at trial; 2. For payment of all statutory obligations and penalties as required by law; COMPLAINT FOR DAMAGES 9Cord Aw FF WN PNY NY NY NH NNN eee Se Be ee eS Se Ss Se X’aat oH He SOMA DHA BF WHF SS 3. For penalties, special damages, compensatory, and general damages in an amount to be proven at trial; 4. For punitive damages as allowed by law; Loss of income incurred and to be incurred according to proof; For reasonable attorneys’ fees; For costs of suit incurred herein; For interest provided by law; ween ny For restitution and other equitable relief; and 10. For such other and further relief as the court deems just and proper. Dated: October 17, 2018 By: LAW OFFICE OF MICHAEL FREIMAN Michael J. Fr > Esq. Attorney for Plaintiff Brian Nitenson DEMAND FOR JURY TRIAL Plaintiff Brian Nitenson demands a jury trial. Dated: October 17, 2018 By: LAW OFFICE OF MICHAEL FREIMAN ichael J. Fréiman, Esq. Attorney for Plaintiff Brian Nitenson COMPLAINT FOR DAMAGES. 10