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DAVID L. EDWARDS, (SBN 105638)
LAW OFFICES OF DAVID L. EDWARDS
P.O. Box 993506 F Superior Court of California F
REDDING, CA 96099-3506 County of Butte |
Telephone: (530) 221-0694 |
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Facsimile: (530) 592-3865 JUN 12 2017 E
Email: de4214@gmail.com
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By » Deputy
PATRICIA A. SAVAGE (SBN 236235)
LAW OFFICES OF PATRICA A. SAVAGE
1550 Humboldt Road, Suite 4
Chico, CA 95928
Telephone: (530) 809-1851
Facsimile: (530) 592-3865
Email: psavesq@gmail.com
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10 Attorneys for Plaintiff,
MOLLY STINSON
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF BUTTE
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MOLLY STINSON Case Wo: 17CV 01609
Plaintiff, COMPLAINT FOR DAMAGES
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Vv. DEFAMATION PER SE
17 INTRUSION INTO PRIVATE
GOLDEN FEATHER UNION AFFAIRS
18 ELEMENTARY SCHOOL DISTRICT and NEGLIGENT SUPERVISION
DOES 1-20, inclusive. RETALIATION
19 FALSE LIGHT INVASION
Defendants. OF PRIVACY
20 INTENTIONAL
INFLICTION OF
21 EMOTIONAL DISTRESS
NEGLIGENT INFLICTION
22 OF EMOTIONAL DISTRESS
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24 PLAINTIFF MOLLY STINSON, (hereinafter “Plaintiff” or “MS. STINSON”),
25 respectfully submits the instant Complaint for Damages against GOLDEN FEATHER UNION
26 ELEMENTARY SCHOOL DISTRICT (hereinafter “Defendant” or “GOLDEN FEATHER”) for
27 Damages and Demand for Jury Trial and alleges as follows:
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COMPLAINT FOR DAMAGES David L. Edwards, Esq.
Patricia A. Savage, Esq.
PARTIES AND JURISDICTION
1 Plaintiff, MOLLY STINSON, was at all times relevant to this action, an employee of
Defendant GOLDEN FEATHER UNION ELEMENTARY SCHOOL DISTRICT.
2. Defendant, GOLDEN FEATHER, was at all times relevant hereto, and is a publicly-
funded school district located in Butte County, which provides or purports to provide a certain
prescribed program of academic instruction to students in grades kindergarten through eighth
residing within its attendance area.
3. Venue and jurisdiction are proper because the majority of the events giving rise to this
action took place in Butte County; because GOLDEN FEATHER was doing business in Butte
County; because PLAINTIFF STINSON’S employment was entered into in Butte County;
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because PLAINTIFF STINSON worked for GOLDEN FEATHER in Butte County, because the
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damages sought exceed the jurisdictional minimum of this Court; and because the majority of
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witnesses and events occurred in Butte County.
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4. PLAINTIFF STINSON is ignorant of the true names and capacities of the Defendants
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sued herein as DOES 1 through 50. Defendants Does 1 through 50 are sued herein under
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fictitious names pursuant to California Code of Civil Procedure section 474. PLAINTIFF
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STINSON is informed and believes, and on that basis alleges, that each Defendant sued under
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such fictitious names is in some manner responsible for the wrongs and damages as alleged
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herein. PLAINTIFF STINSON does not at this time know the true names or capacities of said
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Defendants, but prays that the same may be inserted herein when ascertained.
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5. At all times relevant, each and every Defendant was an agent and/or employee of each
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and every other Defendant. In doing the things alleged in the causes of action stated herein, each
22 and every Defendant was acting within the course and scope of this agency or employment, and
was acting with the consent, permission, and authorization of each remaining Defendant. All
24 actions of each Defendant as alleged herein were ratified and approved by every other Defendant
25 or their officers or managing agents.
26 6. PLAINTIFF STINSON submitted a timely complaint to the California Department of
27 Fair Employment and Housing (“DFEH”). The DFEH issued a Right-to-Sue Notice on
28 September 20" 2016.
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Complaint for Damages David L. Edwards, Esq
Patricia A. Savage, Esq
7. Molly STINSON was the target of a series of malicious actions taken in retaliation for
her making protected complaints about unlawful workplace activity, including gender based
discrimination and harassment. Ms. STINSON's lawful complaints resulted in retaliatory actions
toward her on behalf of GOLDEN FEATHER UNION ELEMENTARY SCHOOL DISTRICT,
which created a hostile work environment. The hostile work environment had a severely
negative impact on Ms. STINSON forcing her to quit her teaching position and seek new
employment with the Paradise Union School District (Hereinafter “the Paradise District”).
STATEMENT OF FACTS
8. As the Superintendent of the Schools for the GOLDEN FEATHER UNION
ELEMENTARY SCHOOL DISTRICT, Joshua Peete had and has a duty to use due care in the
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performance of his duties as Superintendent. Included in the legal duty to use due care by
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Superintendent Joshua Peete is the duty to supervise the employees of the GOLDEN FEATHER
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UNION ELEMENTARY SCHOOL DISTRICT. Further, at all times relevant hereto
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Superintendent Peete had a duty to protect the private information that was stored on the laptop
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computer used by Molly STINSON while she was an employee of the GOLDEN FEATHER
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UNION ELEMENTARY SCHOOL DISTRICT, which was secured in Superintendent Peete’s
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office.
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9. Ms. STINSON was hired by Golden Feather in the year 2006 as a full-time multi-
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subjects classroom teacher. Ms. STINSON received praise for her work from her supervisor and
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colleagues, and received excellent evaluations during her tenure with GOLDEN FEATHER.
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While she was a District employee, Ms. STINSON was issued a laptop computer by the
21 GOLDEN FEATHER DISTRICT, for her use as a classroom teacher. Ms. STINSON was
22 authorized to and did use the laptop computer to send and receive both professional and personal
23 email messages. Ms. STINSON was authorized to and did use the laptop computer to perform
24 Internet searches for both professional and personal reasons.
25 10. At the end of the 2012-2013 academic year, Ms. STINSON filed a grievance with the
26 GOLDEN FEATHER UNION ELEMENTARY SCHOOL DISTRICT, alleging that certain of
27 her co-workers, each of whom was then and remains a District employee, had undertaken certain
28 unprofessional actions against her.
3.
Complaint for Damages David L. Edwards, Esq.
Patricia A. Savage, Esq.
11. Molly STINSON was the target of a series of malicious actions taken in retaliation for
her making protected complaints about unlawful workplace activity, including gender based
discrimination and harassment. Ms. STINSON's lawful complaints resulted in retaliatory actions
toward her on behalf of GOLDEN FEATHER UNION ELEMENTARY SCHOOL DISTRICT,
which created a hostile work environment. The hostile work environment had a severely
negative impact on Ms. STINSON forcing her to quit her teaching position and seek new
employment with the Paradise Union School District (Hereinafter “the Paradise District”).
12. Ms. STINSON resigned her employment with the GOLDEN FEATHER UNION
ELEMENTARY SCHOOL DISTRICT effective July 1, 2016, and is currently employed by the
Paradise District as a classroom teacher. Upon termination of her employment with GOLDEN
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FEATHER, Ms. STINSON returned her laptop computer to Superintendent Peete. At which
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time he assured her that he would secure the laptop computer under lock and key in his office
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and that no person would have access to the laptop computer. Ms. STINSON informed
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Superintendent Peete that she had private and personal email correspondence and internet
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research on the laptop computer. Superintendent Peete reassured her that the contents of the
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laptop computer would not be disclosed to any person and that no person would have access to
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it. Based on the representations made to her by Superintendent Peete, as set out hereinabove,
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Ms. STINSON had a reasonable expectation of privacy that the contents of her laptop computer
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would be protected from unauthorized users, and she reasonably believed that no one at the
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school would have access to the information stored on the laptop computer. Ms. STINSON
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therefore left the laptop computer in the exclusive care, custody and control of Superintendent
21 Peete.
22 13. On or about August 6, 2016, Respondents breached their duty to Claimant by permitting
23 persons whose identity is unknown to Plaintiff to have access to her private laptop computer. As
24 a result of the negligence of Superintendent Peete in permitting such access to occur,
25 Respondents gained access to Superintendent Peete’s office where Ms. STINSON’s laptop
26 computer was stored. Respondents then gained access to the information stored in the laptop
27 computer by “hacking” into Ms. STINSON’s private email and the results of her internet
28 searches which were stored on the laptop computer.
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Complaint for Damages David L. Edwards, Esq.
Patricia A. Savage, Esq.
14. On or about August 18, 2016, August 19, 2016, and August 25, 2016, respectively
documents called “Warning Notifications” were left in stacks of bright neon paper throughout
public areas of the campus of Ms. STINSON’s workplace at the Paradise District. The “Warning
Notifications” falsely accused Ms. STINSON of shameful and dishonest behavior. The
“Warning Notifications” stated, of and concerning Ms. STINSON, that: “SHE PURCHASED
POWDERED URINE SO SHE WOULD PASS THE DRUG TEST TO WORK WITH
CHILDREN... **SHE CHEATED ON HER DRUG TEST**...MOLLY K. STINSON... THE
NEW CCCS TEACHER... ***WARNING*** WARNING***.” The referenced “Warning
Notifications” falsely portrayed Ms. STINSON’s character and integrity, and compromised her
ability to continue to work with children as a teacher. The content of the “Warning
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Notifications” constitute libel per se and have caused Ms. STINSON harm to her occupation and
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reputation. Ms. STINSON has suffered extreme shame, and mortification as.a result of
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Respondent’s unlawful conduct. The acts and/or omissions by Respondents, and each of them,
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include but are not limited to Defamation, Negligent Supervision, Negligent Infliction of
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Emotional Distress, Intentional Infliction of Emotional Distress, Defamation, False Light
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Invasion of Privacy, and Negligent Intrusion into Private Affairs.
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15. STINSON served a Government Tort Claim on the governing body of the Defendant
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GOLDEN FEATHER. On January 19, 2017, The GOLDEN FEATHER UNION
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ELEMENTARY SCHOOL DISCTRICT served notice to STINSON that her claim was rejected.
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FIRST CAUSE OF ACTION
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DEFAMATION PER SE
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16. The allegations set forth in this Complaint are hereby re-alleged and incorporated by
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reference.
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17. As the employer, GOLDEN FEATHER is directly responsible for the wrongful acts of its
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employees and/or agents, including Superintendent Peete, who were acting within the course and
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scope of their employment with the GOLDEN FEATHER district at the time each of them
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committed the negligent and intentional acts and/or omissions, as alleged herein.
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Complaint for Damages David L. Edwards, Esq.
Patricia A. Savage, Esq.
18. On or about August 18, 2016, August 19, 2016, and August 25, 2016, respectively,
documents called “Warning Notifications” were left in stacks of bright neon paper throughout
public areas of the campus of Ms. STINSON’s workplace at the Paradise District. The “Warning
Notifications” falsely accused Ms. STINSON of shameful and dishonest behavior. The “Warning
Notifications” stated, of and concerning Ms. STINSON, that: “SHE PURCHASED POWDERED
URINE SO SHE WOULD PASS THE DRUG TEST TO WORK WITH CHILDREN... **SHE
CHEATED ON HER DRUG TEST**... MOLLY K. STINSON... THE NEW CCCS
TEACHER... ***WARNING*** WARNING***.”
19. Anyone and everyone who read the “Warning notifications” would have known or had
reason to know that the published statements were about Molly STINSON because the papers said
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Molly K. STINSON “The new CCCS teacher” directly on their face.
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20. The referenced “Warning Notifications” falsely portrayed Ms. STINSON’s character and
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integrity, and compromised her ability to continue to work with children as a teacher. Attached to
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the warning notifications were copies of emails from STINSON’s laptop, which had been under
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lock and key in the possession of Defendant. Defendant failed to use reasonable care to determine
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the truth or falsity of the matter, and as a result of its unlawful conduct Ms. STINSON has
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suffered harm to her occupation and reputation.
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21. The above described actions were perpetrated and/or ratified by a managing agent or
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officer of Defendant. These acts were done with malice, fraud, oppression, and in reckless
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disregard of PLAINTIFF STINSON’S rights. Further, said actions were despicable in character
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and warrant the imposition of punitive damages in a sum sufficient to punish and deter
21 Defendant’s future conduct.
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SECOND CAUSE OF ACTION
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INTRUSION INTO PRIVATE AFFAIRS
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22. The allegations set forth in this Complaint are hereby re-alleged and incorporated by
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reference.
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23. Atall times relevant MOLLY STINSON had a right to privacy with regards to her
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personal email account. GOLDEN FEATHER intruded into STINSON’s private email account
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Complaint for Damages David L. Edwards, Esq.
Patricia A. Savage, Esq.
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through a laptop computer that was under lock and key in the possession of Superintendent
Peete at GOLDEN FEATHER’s Concow Elementary location.
24. STINSON had a reasonable expectation of privacy in her personal email account. A
special password was required to gain entry into STINSON’s private email, and at no time was
GOLDEN FEATHER or any of its agents or directors given permission to access STINSON’s
private email account.
25. GOLDEN FEATHER’S intrusion into STINSON’s email was intentional, and done with
complete disregard for STINSON’ right to privacy.
26. Any reasonable person would consider GOLDEN FEATHER’: intrusion highly
offensive. As a result of GOLDEN FEATHER’ intrusion into Plaintiffs personal email
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account, STINSON has been harmed and GOLDEN FEATHER’s conduct is a substantial factor
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in causing STINSON’S harm.
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13 27. The above described actions were perpetrated and/or ratified by a managing agent or
officer of Defendant. These acts were done with malice, fraud, oppression, and in reckless
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disregard of PLAINTIFF STINSON’S rights. Further, said actions were despicable in character
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and warrant the imposition of punitive damages in a sum sufficient to punish and deter
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Defendant’s future conduct.
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THIRD CAUSE OF ACTION
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NEGLIGENT SUPERVISION
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28. The allegations set forth in this Complaint are hereby re-alleged and incorporated by
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reference.
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29. As the employer, GOLDEN FEATHER is directly responsible for the wrongful acts of its
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employees and/or agents, including Superintendent Peete, who were acting within the course and
scope of their employment with the GOLDEN FEATHER district at the time each of them
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committed the negligent and intentional acts and/or omissions, as alleged herein.
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30. Peete knew that STINSON used the laptop for both professional and personal use. Peete
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reassured STINSON that he would secure the laptop computer under lock and key in his office and
27 the contents of the laptop computer would not be disclosed to any person and that no person would
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Complaint for Damages David L. Edwards, Esq.
Patricia A. Savage, Esq.
have access to it. On or about August 6, 2016, Defendant’s breached their duty to Plaintiff by the
negligence of Superintendent Peete when he permitted persons whose identity is unknown to
Plaintiff to have access to STINSON’s laptop computer and allowing entry into STINSON’s
private email account.
31. Superintendent Peete’s negligence has caused damages to STINSON in a sum according to
proof. i
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FOURTH CAUSE OF ACTION
RETALIATION |
32. The allegations set forth in this Complaint are hereby re-alleged and keincorporated by
10 reference.
11 33. At all times relevant to this action, the Fair Employment and Housing Act (“FEHA”)
12 and California Government Code Sections 12940 et seq., were in full force and effect and
binding on Defendant. The statements and conduct on the part of the Defendant complained of
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herein represent a violation of FEHA, as codified in California Government Codes Section
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12940 et seq.
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34. Atall relevant times herein, Plaintiff engaged in a protected activity by complaining
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about gender based harassment and discrimination which included being ridiculed in front of her
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students and mistreated when STINSON asked for help. |
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35. STINSON filed a grievance and made several complaints with GOLDEN FEATHER
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regarding the gender based harassment. As a consequence, STINSON and her co-workers were
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called into a sit-down meeting with the then Principal (Greg Blake) and head teacher (Donna
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Mortimer) where it was agreed that the harassment would stop. STINSONS’s activities were
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protected activities pursuant to Government Code Section 12940(h) and Title 2 of the California
Code of Regulations Section 11021.
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36. However, the harassment did not stop but continued to escalate forcing STINSON to
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quit her employment with GOLDEN FEATHER on or about July 1, 2016.
26 37. On or about August 2016, STINSON began new employment with the Paradise District
27 as acclassroom teacher. On or about August 18, 2016, August 19, 2016, and August 25, 2016,
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Complaint for Damages David L. Edwards, Esq.
Patricia A. Savage, Esq
respectively documents called “Warning Notifications” were left in stacks of bright neon paper
throughout public areas of the campus of Ms. STINSON’s workplace at the Paradise District.
38. The “Warning Notifications” falsely accused Ms. STINSON of shameful and
dishonest behavior. The “Warning Notifications” falsely portrayed Ms. STINSON’s character
and integrity, and compromised her ability to continue to work with children as a teacher. The
“Warning Notifications” were undertaken in an ongoing series of actions which constitute
retaliation for Plaintiffs protected activities in complaining about gender based discrimination
in violation of Government Code Section 12940 et cet.
39. Plaintiff's protected activities were a motivating reason for Defendant’s decision to
allow Defendant’s agents and employees access to Plaintiff's laptop which resulted in the
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“Warning Notifications” in Plaintiff's new place of employment.
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40. Plaintiff has suffered severe emotional distress because of Defendant’s actions.
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41. Defendant’s retaliatory conduct was a substantial factor in’ the causing harm to
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Plaintiff.
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42. As a proximate result of the aforementioned violations, Plaintiff has been damaged in
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an amount according to proof, but in an amount in excess of the jurisdiction of this Court.
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Plaintiff also seeks “affirmative relief” or “prospective relief” as defined by Government Code
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§12926(a), including back pay, reimbursement of out-of-pocket expenses, expungement of records
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and any such other relief to correct Defendant’s unlawful practices that this Court deems proper.
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43. The above-described actions were perpetrated and/or ratified by a managing agent or
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officer of Defendant. These acts were done with malice, fraud, oppression, and in reckless
21 disregard of Plaintiff's rights. Further, said actions were despicable in character and warrant the
22 imposition of punitive damages in a sum sufficient to punish and deter Defendants future conduct.
23 FIFTH CAUSE OF ACTION
24 FALSE LIGHT INVASION OF PRIVACY
25 44. The allegations set forth in this Complaint are hereby re-alleged and incorporated by
26 reference.
27 45. On or about August 18, 2016, August 19, 2016, and August 25, 2016, respectively,
28 documents called “Warning Notifications” were left in stacks of bright neon paper throughout
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Complaint for Damages David L. Edwards, Esq.
Patricia A. Savage, Esq.
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public areas of the campus of Ms. STINSON’s workplace at the PARADISE DISTRICT. The
“Warning Notifications” falsely accused Ms. STINSON of shameful and dishonest behavior,
which portrayed STINSON ina false light.
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46. The malicious false light created by the publication has caused damage to STINSON’s
reputation and occupation as a teacher of children. STINSON has had to hire an attorney to help
protect her rights. A reasonable person in STINSON’s position would behighly offended.
47. GOLDEN FEATHER acted with complete disregard for the truth as it knew that the
publication would be detrimental to STINSON and would create a false impression about her.
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48. GOLDEN FEATHER’s conduct was a substantial factor in causing STINSON’s harm.
10 The above described actions were perpetrated and/or ratified by a managing agent or officer of
il Defendant. These acts were done with malice, fraud, oppression, and in reckless disregard of
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PLAINTIFF STINSON’S rights. Further, said actions were despicable in character and warrant
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the imposition of punitive damages in a sum sufficient to punish and deter
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Defendant’s future
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conduct.
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1S SIXTH CAUSE OF ACTION
16 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
17 49. The allegations set forth in this Complaint are hereby re-alleged and incorporated by
reference. |
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50. Defendants GOLDEN FEATHER and DOES 1 through 20 and each of them, intended to
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harm STINSON by placing defamatory publications around her new place of employment.
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GOLDEN FEATHER’s conduct was so outrageous, that it threatened Plaintiff's integrity,
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reputation, and compromised Plaintiff’s ability to work with children. 1
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51. Asa result of Defendant’s conduct STINSON suffered humiliation, mortification
embarrassment, sleep loss, anguish, and depression. GOLDEN FEATHER’s conduct was a
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substantial factor in causing Plaintiff's emotional distress.
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52. The above described actions were perpetrated and/or ratified by amanaging agent or
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officer of Defendant. These acts were done with malice, fraud, oppression, and in reckless
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disregard of PLAINTIFF STINSON’S rights. Further, said actions were despicable in character
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Complaint for Damages David L. Edwards, Esq.
Patricia A. Savage, Esq.
N, ~
and warrant the imposition of punitive damages in a sum sufficient to punish and deter
Defendant’s future conduct.
SEVENTH CAUSE OF ACTION
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
53. The allegations set forth in this Complaint are hereby re-alleged and incorporated by
reference.
54. As the employer, GOLDEN FEATHER is directly responsible for the wrongful acts of
its employees and/or agents, including Superintendent Peete, who were acting within the course
and scope of their employment with GOLDEN FEATHER at the time each of them committed
10 the negligent acts and/or omissions, as alleged herein.
il 55. GOLDEN FEATHER was negligent when it permitted its employees to unlawfully
12 access STINSON’s private email account and publish defamatory notifications all over
STINSON’s new place of employment.
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56. GOLDEN FEATHER’s conduct was a substantial factor in causing STINSON’s harm
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and as a result of GOLDEN FEATHER’s negligent conduct, STINSON suffered severe
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emotional distress such as humiliation, mortification, embarrassment, sleep loss, anguish, and
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depression.
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PRAYER FOR RELIEF
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19 Wherefore, PLAINTIFF STINSON demands judgment against Defendant and any other
20 defendants who may be later added to this action as follows:
21 1 For compensatory damages, including, but not limited to lost wages and
22 emotional distress in the amount according to proof;
23 2. For attorneys’ fees and costs pursuant to all applicable Statues or legal principles;
24 3 For cost of suit incurred;
25 4. For punitive damages or other penalties recoverable by law;
26 5 For prejudgment interest on all amounts claimed pursuant to Civil Code section
27 3287 and/or 3288; and
28 6 For such other and further relief as the court may deem proper.
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Complaint for Damages David L. Edwards, Esq
Patricia A. Savage, Esq,
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Dated: June 12, 2017 By
DAVID
A {/ ARD
PATRICM AVAGE, ESQ.
Attorneys for PLAINTIFF STINSON
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DEMAND FOR JURY TRIAL
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PLAINTIFF STINSON hereby demands trial by jury for this matter. |
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13 Dated: June 12, 2017 By if éP><
DAVID IRDS, ESQ
14 PATRICIA AGE, ESQ.
Attorneys for PLAINTIFF STINSON
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Complaint for Damages David L. Edwards, Esq.
PatriciaA. Savage, Esq.