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1 LISA LIN GARCIA, Bar No. 260582 Electronically Filed
llgarcia@littler.com Superior Court of California
2 LITTLER MENDELSON, P.C. County of San Joaquin
333 Bush Street 2021-12-16 14:31:28
3 34th Floor Clerk: Rocio Pimentel
San Francisco, California 94104
4 Telephone: 415.433.1940 Motion for Summary Judgment/Adj.
Fax No.: 415.399.8490 03/03/2022 09:00 AM in 10A
5
NICHOLAS W. MCKINNEY, Bar No. 322792
6 nmckinney@littler.com
LITTLER MENDELSON, P.C.
7 500 Capital Mall
Suite 200
8 Sacramento, CA 95814
Telephone: 916.830.7200
9 Fax No. 916.561.0828
10 Attorneys for Defendant
UNITED PARCEL SERVICES, INC.
11
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 COUNTY OF SAN JOAQUIN
14
15 SHAUN MEDINA, Case No. STK-CV-UWT-2019-0010377
16 Plaintiff, Hon. George J. Abdallah, Dept. 10A
17 v. DEFENDANT’S REQUEST FOR
JUDICIAL NOTICE IN SUPPORT OF
18 UNITED PARCEL SERVICE, INC. AND DOES ITS MOTION FOR SUMMARY
1-100, inclusive, JUDGMENT OR, IN THE
19 ALTERNATIVE, SUMMARY
Defendant. ADJUDICATION
20
DATE: March 3, 2022
21 TIME: 9:00 AM
DEPT: 10A
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Case No. STK-CV-UWT-2019-0010377
LITTLER MEND ELSO N, P.C.
DEFENDANT’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS MOTION FOR SUMMARY
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940
JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
1 Pursuant to California Evidence Code sections 452, and 453, Defendant UNITED
2 PARCEL SERVICE, INC. (“UPS”) hereby respectfully requests that this Court take judicial notice of
3 the following evidence filed in support of its Motion for Summary Judgment or in the Alternative,
4 Summary Adjudication:
5 1. Plaintiff Shaun Medina’s (“Plaintiff”) Complaint of Discrimination filed with the
6 California Department of Fair Employment and Housing on or about August 23, 2017 and the Equal
7 Employment Opportunity Commission (“EEOC”) (“First DFEH Complaint”) in DFEH Matter No.
8 896497-302502 and EEOC No. 37A-2017-03292-C . A true and correct redacted copy of Plaintiff’s
9 First DFEH Complaint is attached hereto as Exhibit A.
10 2. The Notice of Case Closure and Right to Sue issued to Plaintiff by the DFEH on
11 October 6, 2017 in DFEH Matter No. 896497-302502 and EEOC No. 37A-2017-03292-C. A true and
12 correct redacted copy of the DFEH’s October 6, 2017 Notice of Case Closure and Right to Sue is
13 attached as Exhibit B.
14 3. The Dismissal and Notice of Rights issued to Plaintiff by the EEOC on January 17,
15 2018 in EEOC No. 37A-2017-03292. A true and correct copy of the EEOC’s January 17, 2018
16 Dismissal and Notice of Rights is attached hereto as Exhibit C.
17 4. Plaintiff’s Complaint of Discrimination filed with the DFEH on February 15, 2018
18 (“Second DFEH Complaint”) in DFEH Matter No. 201802-01231916. A true and correct copy of
19 Plaintiff’s Second DFEH Complaint is attached as Exhibit D.
20 5. The Notice of Case Closure and Right to Sue issued to Plaintiff by the DFEH on
21 February 15, 2018 in DFEH Matter No. 201802-01231916. A true and correct copy of the DFEH’s
22 February 15, 2018 Notice of Case Closure and Right to Sue is attached as Exhibit E.
23 6. Plaintiff’s amended Complaint of Discrimination filed with the DFEH on February 11,
24 2019 (“Third DFEH Complaint”) in DFEH Matter No. 201802-01231916. A true and correct copy of
25 Plaintiff’s Third DFEH Complaint is attached as Exhibit F.
26 The Court may take judicial notice of records of administrative agencies, such as the
27 DFEH and EEOC. See Cal. Evid. Code § 452(c); see also Fowler v. Howell, 42 Cal. App. 4th 1746,
28
LITTLER MEND ELSO N, P.C.
2 Case No. STK-CV-UWT-2019-0010377
DEFENDANT’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS MOTION FOR SUMMARY
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940
JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
1 1750 (1996) (courts may take judicial notice of the records and files of state administrative agencies);
2 Smiley v. Citibank, N.A., 11 Cal.4th 138, 145, n. 2 (1995) (taking judicial notice of documents
3 promulgated by a federal administrative agency); Mitchell v. Cal. Dep’t of Pub. Health, 1 Cal. App.
4 5th 1000, 1005 (2016) (acknowledging that trial court took judicial notice of date plaintiff received
5 EEOC right-to-sue notice); El Ranch Unified Sch. Dist. v. Nat’l Educ. Assn., 33 Cal. 3d 946, 950 fn.
6 6 (1983) (holding courts can take judicial notice of “orders, regulations, decisions and records of state
7 administrative agencies.”).
8 California Evidence Code section 453 requires that “the trial court take judicial notice
9 of any matter specified in section 452 if a party requests it and (a) gives each adverse party sufficient
10 notice of the request . . . to enable such adverse party to prepare to meet the request; and (b) furnishes
11 the court with sufficient information to enable it to take judicial notice of the matter.” See O’Keefe v.
12 Atascadero Cty. Sanitation Dist., 21 Cal. App. 3d 719, 728 (1971) (court required to take judicial
13 notice “because respondents requested it, gave appellant sufficient notice of the request and furnished
14 the court with sufficient information to enable it to take judicial notice”). Accordingly, Defendant has
15 satisfied the requirements for the Court to take judicial notice of Plaintiff’s complaint filed with the
16 DFEH and the EEOC and the notices issued by the DFEH and the EEOC.
17 Dated: December 16, 2021
LITTLER MENDELSON, P.C.
18
19
20 LISA LIN GARCIA
NICHOLAS W. MCKINNEY
21 LITTLER MENDELSON, P.C.
Attorneys for Defendant
22 UNITED PARCEL SERVICES, INC.
23
4860-4639-1813.2 / 101661-1006
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LITTLER MEND ELSO N, P.C.
3 Case No. STK-CV-UWT-2019-0010377
DEFENDANT’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS MOTION FOR SUMMARY
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940
JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
EXHIBIT A
COMPLAINT OF EMPLOYMENT DISCRIMINATION
BEFORE THE STATE OF CALIFORNIA
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Lender the California Fair Employment and Housing Act
(Gov. Code, § 12900 et seq.)
Complaint of DFEH No. 896497-302502
Shaun Medina, Complainant. EEOC No. 37A-2017-03292-C
vs.
United Parcel Service, Inc., Respondent.
11800 Harlan Rd
Lathrop, California 95330
THE PARTICULARS ARE:
1. 1, Shaun Medina, allege that I was subjected to Discrimination, Harassment, Retaliation
by respondent. United Parcel Service, Inc. due to one or more Fan Employment and
Housing Act protected bases: Disability [physical or mental].
2. 1 was denied a good faith interactive process, denied a work environment free of
discrimination and/or retaliation, denied or forced to transfer, denied reasonable
accommodation, fForced to quit. The most recent harm occurred on or around April 10,
2017.
3. My belief is based on the following: From December 2016 to April 2017, 1 was subjected
to discrimination, harassment, retaliation, denied a good faith interactive process, denied a
work environment free of discrimination and/or retaliation, denied a transfer, denied
Reasonable accommodation, and forced to quit due to my disability.
-2-
UPS (S. Medina) - 0000195
VERIFICATION
I, Shaun Medina, am the Complainant in the above complaint. I have read the above
complaint and know its contents. I declare under penalty of perjury under the laws of the
State of California that the above is true and correct of my own knowledge, except as to those
matters alleged on information and belief, which I also believe to be true.
Signature of Complainant or Complainant's Legal Representative: Date:
Aug 23, 2017
Shaun Medina (Aug 23, 2017)
-3-
UPS (S. Medina) - 0000196
EXHIBIT B
STATE OF CALIFORNIA | Business Consumer Services and Housing Agency GOVERNOR EDMUND G BROWN JR
< / \\
Department of Fair Employment & Housing DIRECTOR KEVIN KISH
2218 Kausen Drive, Suite 100 I Elk Grove I CA I 95758
800-884-1684 I TDD 800-700-2320
www.dfeh.ca.gov I email: contact.center@dfeh.ca.gov
October 6, 2017
Shaun Medina
RE; Notice of Case Closure and Right to Sue
DFEH Number: 896497-302502
EEOC Number: 37A-2017-03292-C San Joaquin - N
Medina / United Parcel Service, Inc.
Dear Shaun Medina:
The Department of Fair Employment and Housing (DFEH) has closed your case for the
following reason: Investigated and Dismissed - No Basis to Proceed. Based upon its
investigation, DFEH is unable to conclude that the information obtained establishes a
violation of the statute. This does not certify that the respondent is in compliance with
the statutes. No finding is made as to any other issues that might be construed as
having been raised by this complaint.
This is your Right to Sue notice. According to Government Code section 12966,
subdivision (b), a civilaction may be brought under the provisions of the Fair
Employment and Housing Act against the person, employer, labor organization or
employment agency named in the above-referenced complaint. This is also applicable
to DFEH complaints that are filed under, and allege a violation of, Government Code
section 12948, which incorporates Civil Code sections 51 , 51 .7, and 54. The civil action
must be filed within one year from the date of this letter. However, if your civil complaint
alleges a violation of Civil Code section 51 , 51 .7, or 54, you should consult an attorney
about the applicable statutes of limitation.
Your complaint is dual filed with the United States Equal Employment Opportunity
Commission (EEOC). You have a right to request EEOC to perform a substantial
weight review of our findings. This request must be made within fifteen (15) days of
your receipt of this notice. Pursuant to Government code section 12965, subdivision (d)
(1 ),your right to sue may be tolled during the pendency of EEOC's review of your
complaint. To secure this review, you must request itin writing to the State and Local
Coordinator nearest you:
EEOC Northern California EEOC Southern California
1301 Clay Street, Suite 1170-N Roybal Federal Building
Oakland. CA 94612 255 East Temple Ste., 4th Floor
(510) 637-3280 Los Angeles, CA 90012
(213) 894-1100
You may file an appeal with DFEH which is a written request made to the District
Administrator for reconsideration of the decision to close your case. Your appeal should
UPS (S. Medina) - 0000199
Notice of Case Closure and Right to Sue
October 6, 2017
Page 2 of 3
include a 1) summary as to why you disagree with the reason; and/or, 2) any new
detailed information (e.g., documents, records, witness information) that supports your
claim. If you appeal, the information you provide will be carefully considered.
Although DFEH has concluded that the evidence and information did not support a
finding that a violation occurred, the allegations and conduct at issue may be in violation
of other laws. You should consult an attorney as soon as possible regarding any other
options and/or recourse you may have regarding the underlying acts or conduct.
Should you decide to bring a civilaction on your own behalf in court in the State of
California under the provisions of the California Fair Employment and Flousing Act
(FEHA) against the person, employer, labor organization or employment agency named
in your complaint, below are resources for this. Please note that if a settlement
agreement has been signed resolving the complaint, you might have waived the right to
file a private lawsuit.
Finding an Attorney
To proceed in Superior Court, you should contact an attorney. If you do not already
have an attorney, the organizations listed below may be able to assist you:
• The State Bar of California has a Lawyer Referral Services Program which
can be accessed through its Web site at www.calbar.ca.gov or by calling
(866) 442-2529 (within California) or (415) 538-2250 (outside California).
• Your county may have a lawyer referral service. Check the Yellow Pages of
your telephone book under "Attorneys."
Filing in Smaii Claims Court
• The Department of Consumer Affairs (DCA) has a publication titled "The
Small Claims Court: A Guide to Its Practical Use" online at of "The Small
Claims Court: A Guide to Its Practical Use" online at
http://www.dca.ca.gov/publications/small_claims. You may also order a free
copy of "The Small Claims Court: A Guide to Its Practical Use" online, by
calling the DCA Publication Hotline at (866) 320-8652, or by writing to them
at: DCA, Office of Publications, Design and Editing; 1625 North Market Blvd.,
Suite N-1 12; Sacramento; CA; 95834.
• The State Bar of California has information on "Using the Small Claims Court"
under the "Public Services" section of its Web site located at
www.calbar.ca.gov.
UPS (S. Medina) - 0000200
Notice of Case Closure and Right to Sue
October 6, 2017
Page 3 of 3
Sincerely,
Ja4on/Me4xdo~£as
Jason Mendoza
Staff Services Analyst
559-244-4761
jason.mendoza@dfeh.ca.gov
cc: United Parcel Service, Inc.
1 1800 Harlan Road
Lathrop, CA 95330
UPS (S. Medina) - 0000201
EXHIBIT C
EEOC Form 161 (11/16) U.S. Equal Employment Opportunity Commission
Dismissal and Notice of Rights
To: Shaun Medina From: Los Angeles District Office
922 Collins St 255 E. Temple St. 4th Floor
Manteca, CA 95337 Los Angeles, CA 90012
On behalf of person(s) aggrieved whose identity is
CONFIDENTIAL (29 CFR §1601. 7(a))
EEOC Charge No. EEOC Representative Telephone No.
Karrie L. Maeda,
37A-2017-03292 State & Local Coordinator (213) 894-1100
THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON:
The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC.
Your allegations did not involve a disability as defined by the Americans WithDisabilities Act.
The Respondent employs less than the required number of employees or is not otherwise covered by the statutes.
Your charge was not timely filed with EEOC; in other words, you waited too long after the date(s) of the alleged
discrimination to file your charge
The EEOC issues the following determination: Based upon itsinvestigation, the EEOC is unable to conclude that the
information obtained establishes violations of the statutes.This does not certify that the
respondent is in compliance with
the statutes. No finding is made as to any other issues that might be construed as having been raised by this charge.
X The EEOC has adopted the findings of the state or local fair employment practices agency that investigated this charge.
Other (briefly state)
- NOTICE OF SUIT RIGHTS -
(See the additional information attached to this form.)
Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age
Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you.
You may file a lawsuit against the respondent(s) under federal law based on this charge infederal or state court. Your
lawsuit must be filed WITHIN 90 DAYS of your receipt of this notice; or your right to sue based on this charge will be
lost. (The time limit for filingsuit based on a claim under state law may be different.)
Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) of the
alleged EPA underpayment This means that backpay due for any violations that occurred more than 2 years (3 years)
before you file suit may not be collectible.
lission
January 17, 2018
Endosures(s)
Rosa M. Viramontes, (Date Mailed)
District Director
cc:
UNITED PARCEL SERVICE INC.
11800 Harlan Rd
Lathrop, CA 95330
MEDINA 000005
MEDINA 000005
EXHIBIT D
1 COMPLAINT OF EMPLOYMENT DISCRIMINATION
BEFORE THE STATE OF CALIFORNIA
2 DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Under the California Fair Employment and Housing Act
3
(Gov. Code, § 12900 et seq.)
4
In the Matter of the Complaint of
5 Shaun Medina DFEH No. 201802-01231916
6 Complainant,
7 vs.
8 UPS
11800 Harland Road
9 Lathrop, California 95330
10 UPS Lathrop HUB LAHCA
11 11800 Harland Road
Lathrop, California 95330
12
United Parcel Service
13 11800 Harland Road
Lathrop, California 95330
14
15 Chris Unknown
11800 Harland Road
16 Lathrop, California 95330
17 Chauncy Unknown
18 11800 Harland Road
Lathrop, California 95330
19
Dorothy Unknown
20 11800 Harland Road
Lathrop, California 95330
21
22 Vivian Unknown
11800 Harland Road
23 Lathrop, California 95330
24 Luis Unknown
11800 Harland Road
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Lathrop, California 95330
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27 -1-
Complaint – DFEH No. 201802-01231916
28 Date Filed: February 15, 2018
MEDINA 000009
1
Denise Unknown
2 11800 Harland Road
Lathrop, California 93550
3
4 Respondents.
5
6
1. Respondent UPS is an employer subject to suit under the California Fair
7 Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.).
8 2. Complainant Shaun Medina, resides in the City of Santa Monica State of
California.
9
10 3. Complainant alleges that on or about March 7, 2017, respondent took the
following adverse actions:
11
Complainant was harassed because of complainant's family care or medical leave
12 (cfra), disability (physical or mental).
13
Complainant was discriminated against because of complainant's family care or
14 medical leave (cfra), disability (physical or mental), other and as a result of the
discrimination was forced to quit, reprimanded, asked impermissible non-job-related
15 questions, denied a work environment free of discrimination and/or retaliation,
denied any employment benefit or privilege, failed to give equal considerations in
16
making employment decisions, denied reasonable accommodation for a disability,
17 denied family care or medical leave (cfra), other.
18 Complainant experienced retaliation because complainant reported or resisted
any form of discrimination or harassment, requested or used california family rights
19 act or fmla, requested or used a disability-related accommodation and as a result
was forced to quit, reprimanded, asked impermissible non-job-related questions,
20
denied a work environment free of discrimination and/or retaliation, denied any
21 employment benefit or privilege, failed to give equal considerations in making
employment decisions, denied reasonable accommodation for a disability, denied
22 family care or medical leave (cfra).
23
24 Additional Complaint Details: Denied a work environment free of harassment.
Denied a good faith interactive process.
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Complaint – DFEH No. 201802-01231916
28 Date Filed: February 15, 2018
MEDINA 000010
1 VERIFICATION
2 I, Ghazaleh Attaran, am the Attorney in the above-entitled complaint. Ihave read
the foregoing complaint and know the contents thereof. The matters alleged are
3
based on information and belief, which I believe to be true.
4
On February 15, 2018, I declare under penalty of perjury under the laws of the State
5 of California that the foregoing is true and correct.
6 Santa Monica, CA
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Complaint – DFEH No. 201802-01231916
28 Date Filed: February 15, 2018
MEDINA 000011
EXHIBIT E
STATE OF CALIFORNIA | Business, Consumer Services and Housing Agency GOVERNOR EDMUND G. BROWN JR.
DIRECTOR KEVIN KISH
DEPARTMENT OF FAIR EMPLOYMENT & HOUSING
2218 Kausen Drive, Suite 100 I Elk Grove I CA I 95758
(800) 884-1684 I TDD (800) 700-2320
http://www.dfeh.ca.gov I email: contact.center@dfeh.ca.gov
February 15, 2018
Shaun Medina
C/O 225 Santa Monica Boulevard 700
Santa Monica, California 90401
RE: Notice of Case Closure and Right to Sue
DFEH Matter Number: 201802-01231916
Right to Sue: Medina / UPS et al.
Dear Shaun Medina,
This letter informs you that the above-referenced complaint was filed with the
Department of Fair Employment and Housing (DFEH) has been closed effective
February 15, 2018 because an immediate Right to Sue notice was requested. DFEH will
take no further action on the complaint.
This letter is also your Right to Sue notice. According to Government Code section
12965, subdivision (b), a civil action may be brought under the provisions of the Fair
Employment and Housing Act against the person, employer, labor organization or
employment agency named in the above-referenced complaint. The civil action must be
filed within one year from the date of this letter.
To obtain a federal Right to Sue notice, you must contact the U.S. Equal Employment
Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of this
DFEH Notice of Case Closure or within 300 days of the alleged discriminatory act,
whichever is earlier.
Sincerely,
Department of Fair Employment and Housing
MEDINA 000008
EXHIBIT F
1 COMPLAINT OF EMPLOYMENT DISCRIMINATION
BEFORE THE STATE OF CALIFORNIA
2 DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Under the California Fair Employment and Housing Act
3
(Gov. Code, § 12900 et seq.)
4
In the Matter of the Complaint of
5 Shaun Medina DFEH No. 201802-01231916
6 Complainant,
7 vs.
8 UPS
11800 Harland Road
9 Lathrop, CA 95330
10 UPS Lathrop HUB LAHCA
11 11800 Harland Road
Lathrop, CA 95330
12
United Parcel Service
13 11800 Harland Road
Lathrop, CA 95330
14
15 Chris Unknown
11800 Harland Road
16 Lathrop, California 95330
17 Chauncy Unknown
18 11800 Harland Road
Lathrop, California 95330
19
Dorothy Unknown
20 11800 Harland Road
Lathrop, California 95330
21
22 Vivian Unknown
11800 Harland Road
23 Lathrop, California 95330
24 Luis Unknown
11800 Harland Road
25
Lathrop, California 95330
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27 -1-
Complaint – DFEH No. 201802-01231916
28 Date Filed: February 15, 2018
Date Amended: February 11, 2019
MEDINA 000013
1
Denise Unknown
2 11800 Harland Road
Lathrop, California 93550
3
4 Respondents
5
6
1. Respondent UPS is an employer subject to suit under the California Fair
7 Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.).
8 2. Complainant Shaun Medina, resides in the City of Santa Monica State of
California.
9
10 3. Complainant alleges that on or about March 7, 2017, respondent took the
following adverse actions:
11
Complainant was harassed because of complainant's race, ancestry, national
12 origin (includes language restrictions), color, family care or medical leave (cfra)
13 (employers of 50 or more people), disability (physical or mental), age (40 and over),
other.
14
Complainant was discriminated against because of complainant's race, ancestry,
15 national origin (includes language restrictions), color, family care or medical leave
(cfra) (employers of 50 or more people), disability (physical or mental), age (40 and
16
over), other and as a result of the discrimination was forced to quit, reprimanded,
17 asked impermissible non-job-related questions, denied a work environment free of
discrimination and/or retaliation, denied any employment benefit or privilege, denied
18 reasonable accommodation for a disability, denied family care or medical leave
(cfra) (employers of 50 or more people), other.
19
Complainant experienced retaliation because complainant reported or resisted
20
any form of discrimination or harassment, requested or used a disability-related
21 accommodation and as a result was forced to quit, reprimanded, asked
impermissible non-job-related questions, denied a work environment free of
22 discrimination and/or retaliation, denied any employment benefit or privilege, denied
reasonable accommodation for a disability, denied family care or medical leave
23 (cfra) (employers of 50 or more people), other.
24
25 Additional Complaint Details: The facts include but are not limited to
discrimination, harassment, and retaliation from management and coworkers on the
26
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Complaint – DFEH No. 201802-01231916
28 Date Filed: February 15, 2018
Date Amended: February 11, 2019
MEDINA 000014
1 basis of the following protected categories, which include but aren’t limited to:
Disability, Age, Race, Color, National Origin, FMLA, and Other. That, among other
2 things, formed the underlying basis for complainant’s termination and/or subjected
complainant to additional adverse employment action.
3
Additional harms include but aren’t limited to failure to prevent discrimination,
4 harassment, and/or retaliation, denied a work environment free of harassment,
failure to engage in an interactive process, failure to offer reasonable
5 accommodations and retaliation for engaging in protected activity.
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Complaint – DFEH No. 201802-01231916
28 Date Filed: February 15, 2018
Date Amended: February 11, 2019
MEDINA 000015
1 VERIFICATION
2 I, Ghazaleh Attaran, am the Attorney in the above-entitled complaint. Ihave read
the foregoing complaint and know the contents thereof. The matters alleged are
3
based on information and belief, which I believe to be true.
4
On February 11, 2019, I declare under penalty of perjury under the laws of the State
5 of California that the foregoing is true and correct.
6 Santa Monica, CA
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Complaint – DFEH No. 201802-01231916
28 Date Filed: February 15, 2018
Date Amended: February 11, 2019
MEDINA 000016
Preview
1 LISA LIN GARCIA, Bar No. 260582 Electronically Filed llgarcia@littler.com Superior Court of California 2 LITTLER MENDELSON, P.C. County of San Joaquin 333 Bush Street 2021-12-16 14:31:28 3 34th Floor Clerk: Rocio Pimentel San Francisco, California 94104 4 Telephone: 415.433.1940 Motion for Summary Judgment/Adj. Fax No.: 415.399.8490 03/03/2022 09:00 AM in 10A 5 NICHOLAS W. MCKINNEY, Bar No. 322792 6 nmckinney@littler.com LITTLER MENDELSON, P.C. 7 500 Capital Mall Suite 200 8 Sacramento, CA 95814 Telephone: 916.830.7200 9 Fax No. 916.561.0828 10 Attorneys for Defendant UNITED PARCEL SERVICES, INC. 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 COUNTY OF SAN JOAQUIN 14 15 SHAUN MEDINA, Case No. STK-CV-UWT-2019-0010377 16 Plaintiff, Hon. George J. Abdallah, Dept. 10A 17 v. DEFENDANT’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF 18 UNITED PARCEL SERVICE, INC. AND DOES ITS MOTION FOR SUMMARY 1-100, inclusive, JUDGMENT OR, IN THE 19 ALTERNATIVE, SUMMARY Defendant. ADJUDICATION 20 DATE: March 3, 2022 21 TIME: 9:00 AM DEPT: 10A 22 23 24 25 26 27 28 Case No. STK-CV-UWT-2019-0010377 LITTLER MEND ELSO N, P.C. DEFENDANT’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS MOTION FOR SUMMARY 333 Bush Street 34th Floor San Francisco, CA 94104 415.433.1940 JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 Pursuant to California Evidence Code sections 452, and 453, Defendant UNITED 2 PARCEL SERVICE, INC. (“UPS”) hereby respectfully requests that this Court take judicial notice of 3 the following evidence filed in support of its Motion for Summary Judgment or in the Alternative, 4 Summary Adjudication: 5 1. Plaintiff Shaun Medina’s (“Plaintiff”) Complaint of Discrimination filed with the 6 California Department of Fair Employment and Housing on or about August 23, 2017 and the Equal 7 Employment Opportunity Commission (“EEOC”) (“First DFEH Complaint”) in DFEH Matter No. 8 896497-302502 and EEOC No. 37A-2017-03292-C . A true and correct redacted copy of Plaintiff’s 9 First DFEH Complaint is attached hereto as Exhibit A. 10 2. The Notice of Case Closure and Right to Sue issued to Plaintiff by the DFEH on 11 October 6, 2017 in DFEH Matter No. 896497-302502 and EEOC No. 37A-2017-03292-C. A true and 12 correct redacted copy of the DFEH’s October 6, 2017 Notice of Case Closure and Right to Sue is 13 attached as Exhibit B. 14 3. The Dismissal and Notice of Rights issued to Plaintiff by the EEOC on January 17, 15 2018 in EEOC No. 37A-2017-03292. A true and correct copy of the EEOC’s January 17, 2018 16 Dismissal and Notice of Rights is attached hereto as Exhibit C. 17 4. Plaintiff’s Complaint of Discrimination filed with the DFEH on February 15, 2018 18 (“Second DFEH Complaint”) in DFEH Matter No. 201802-01231916. A true and correct copy of 19 Plaintiff’s Second DFEH Complaint is attached as Exhibit D. 20 5. The Notice of Case Closure and Right to Sue issued to Plaintiff by the DFEH on 21 February 15, 2018 in DFEH Matter No. 201802-01231916. A true and correct copy of the DFEH’s 22 February 15, 2018 Notice of Case Closure and Right to Sue is attached as Exhibit E. 23 6. Plaintiff’s amended Complaint of Discrimination filed with the DFEH on February 11, 24 2019 (“Third DFEH Complaint”) in DFEH Matter No. 201802-01231916. A true and correct copy of 25 Plaintiff’s Third DFEH Complaint is attached as Exhibit F. 26 The Court may take judicial notice of records of administrative agencies, such as the 27 DFEH and EEOC. See Cal. Evid. Code § 452(c); see also Fowler v. Howell, 42 Cal. App. 4th 1746, 28 LITTLER MEND ELSO N, P.C. 2 Case No. STK-CV-UWT-2019-0010377 DEFENDANT’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS MOTION FOR SUMMARY 333 Bush Street 34th Floor San Francisco, CA 94104 415.433.1940 JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 1750 (1996) (courts may take judicial notice of the records and files of state administrative agencies); 2 Smiley v. Citibank, N.A., 11 Cal.4th 138, 145, n. 2 (1995) (taking judicial notice of documents 3 promulgated by a federal administrative agency); Mitchell v. Cal. Dep’t of Pub. Health, 1 Cal. App. 4 5th 1000, 1005 (2016) (acknowledging that trial court took judicial notice of date plaintiff received 5 EEOC right-to-sue notice); El Ranch Unified Sch. Dist. v. Nat’l Educ. Assn., 33 Cal. 3d 946, 950 fn. 6 6 (1983) (holding courts can take judicial notice of “orders, regulations, decisions and records of state 7 administrative agencies.”). 8 California Evidence Code section 453 requires that “the trial court take judicial notice 9 of any matter specified in section 452 if a party requests it and (a) gives each adverse party sufficient 10 notice of the request . . . to enable such adverse party to prepare to meet the request; and (b) furnishes 11 the court with sufficient information to enable it to take judicial notice of the matter.” See O’Keefe v. 12 Atascadero Cty. Sanitation Dist., 21 Cal. App. 3d 719, 728 (1971) (court required to take judicial 13 notice “because respondents requested it, gave appellant sufficient notice of the request and furnished 14 the court with sufficient information to enable it to take judicial notice”). Accordingly, Defendant has 15 satisfied the requirements for the Court to take judicial notice of Plaintiff’s complaint filed with the 16 DFEH and the EEOC and the notices issued by the DFEH and the EEOC. 17 Dated: December 16, 2021 LITTLER MENDELSON, P.C. 18 19 20 LISA LIN GARCIA NICHOLAS W. MCKINNEY 21 LITTLER MENDELSON, P.C. Attorneys for Defendant 22 UNITED PARCEL SERVICES, INC. 23 4860-4639-1813.2 / 101661-1006 24 25 26 27 28 LITTLER MEND ELSO N, P.C. 3 Case No. STK-CV-UWT-2019-0010377 DEFENDANT’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS MOTION FOR SUMMARY 333 Bush Street 34th Floor San Francisco, CA 94104 415.433.1940 JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION EXHIBIT A COMPLAINT OF EMPLOYMENT DISCRIMINATION BEFORE THE STATE OF CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING Lender the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) Complaint of DFEH No. 896497-302502 Shaun Medina, Complainant. EEOC No. 37A-2017-03292-C vs. United Parcel Service, Inc., Respondent. 11800 Harlan Rd Lathrop, California 95330 THE PARTICULARS ARE: 1. 1, Shaun Medina, allege that I was subjected to Discrimination, Harassment, Retaliation by respondent. United Parcel Service, Inc. due to one or more Fan Employment and Housing Act protected bases: Disability [physical or mental]. 2. 1 was denied a good faith interactive process, denied a work environment free of discrimination and/or retaliation, denied or forced to transfer, denied reasonable accommodation, fForced to quit. The most recent harm occurred on or around April 10, 2017. 3. My belief is based on the following: From December 2016 to April 2017, 1 was subjected to discrimination, harassment, retaliation, denied a good faith interactive process, denied a work environment free of discrimination and/or retaliation, denied a transfer, denied Reasonable accommodation, and forced to quit due to my disability. -2- UPS (S. Medina) - 0000195 VERIFICATION I, Shaun Medina, am the Complainant in the above complaint. I have read the above complaint and know its contents. I declare under penalty of perjury under the laws of the State of California that the above is true and correct of my own knowledge, except as to those matters alleged on information and belief, which I also believe to be true. Signature of Complainant or Complainant's Legal Representative: Date: Aug 23, 2017 Shaun Medina (Aug 23, 2017) -3- UPS (S. Medina) - 0000196 EXHIBIT B STATE OF CALIFORNIA | Business Consumer Services and Housing Agency GOVERNOR EDMUND G BROWN JR < / \\ Department of Fair Employment & Housing DIRECTOR KEVIN KISH 2218 Kausen Drive, Suite 100 I Elk Grove I CA I 95758 800-884-1684 I TDD 800-700-2320 www.dfeh.ca.gov I email: contact.center@dfeh.ca.gov October 6, 2017 Shaun Medina RE; Notice of Case Closure and Right to Sue DFEH Number: 896497-302502 EEOC Number: 37A-2017-03292-C San Joaquin - N Medina / United Parcel Service, Inc. Dear Shaun Medina: The Department of Fair Employment and Housing (DFEH) has closed your case for the following reason: Investigated and Dismissed - No Basis to Proceed. Based upon its investigation, DFEH is unable to conclude that the information obtained establishes a violation of the statute. This does not certify that the respondent is in compliance with the statutes. No finding is made as to any other issues that might be construed as having been raised by this complaint. This is your Right to Sue notice. According to Government Code section 12966, subdivision (b), a civilaction may be brought under the provisions of the Fair Employment and Housing Act against the person, employer, labor organization or employment agency named in the above-referenced complaint. This is also applicable to DFEH complaints that are filed under, and allege a violation of, Government Code section 12948, which incorporates Civil Code sections 51 , 51 .7, and 54. The civil action must be filed within one year from the date of this letter. However, if your civil complaint alleges a violation of Civil Code section 51 , 51 .7, or 54, you should consult an attorney about the applicable statutes of limitation. Your complaint is dual filed with the United States Equal Employment Opportunity Commission (EEOC). You have a right to request EEOC to perform a substantial weight review of our findings. This request must be made within fifteen (15) days of your receipt of this notice. Pursuant to Government code section 12965, subdivision (d) (1 ),your right to sue may be tolled during the pendency of EEOC's review of your complaint. To secure this review, you must request itin writing to the State and Local Coordinator nearest you: EEOC Northern California EEOC Southern California 1301 Clay Street, Suite 1170-N Roybal Federal Building Oakland. CA 94612 255 East Temple Ste., 4th Floor (510) 637-3280 Los Angeles, CA 90012 (213) 894-1100 You may file an appeal with DFEH which is a written request made to the District Administrator for reconsideration of the decision to close your case. Your appeal should UPS (S. Medina) - 0000199 Notice of Case Closure and Right to Sue October 6, 2017 Page 2 of 3 include a 1) summary as to why you disagree with the reason; and/or, 2) any new detailed information (e.g., documents, records, witness information) that supports your claim. If you appeal, the information you provide will be carefully considered. Although DFEH has concluded that the evidence and information did not support a finding that a violation occurred, the allegations and conduct at issue may be in violation of other laws. You should consult an attorney as soon as possible regarding any other options and/or recourse you may have regarding the underlying acts or conduct. Should you decide to bring a civilaction on your own behalf in court in the State of California under the provisions of the California Fair Employment and Flousing Act (FEHA) against the person, employer, labor organization or employment agency named in your complaint, below are resources for this. Please note that if a settlement agreement has been signed resolving the complaint, you might have waived the right to file a private lawsuit. Finding an Attorney To proceed in Superior Court, you should contact an attorney. If you do not already have an attorney, the organizations listed below may be able to assist you: • The State Bar of California has a Lawyer Referral Services Program which can be accessed through its Web site at www.calbar.ca.gov or by calling (866) 442-2529 (within California) or (415) 538-2250 (outside California). • Your county may have a lawyer referral service. Check the Yellow Pages of your telephone book under "Attorneys." Filing in Smaii Claims Court • The Department of Consumer Affairs (DCA) has a publication titled "The Small Claims Court: A Guide to Its Practical Use" online at of "The Small Claims Court: A Guide to Its Practical Use" online at http://www.dca.ca.gov/publications/small_claims. You may also order a free copy of "The Small Claims Court: A Guide to Its Practical Use" online, by calling the DCA Publication Hotline at (866) 320-8652, or by writing to them at: DCA, Office of Publications, Design and Editing; 1625 North Market Blvd., Suite N-1 12; Sacramento; CA; 95834. • The State Bar of California has information on "Using the Small Claims Court" under the "Public Services" section of its Web site located at www.calbar.ca.gov. UPS (S. Medina) - 0000200 Notice of Case Closure and Right to Sue October 6, 2017 Page 3 of 3 Sincerely, Ja4on/Me4xdo~£as Jason Mendoza Staff Services Analyst 559-244-4761 jason.mendoza@dfeh.ca.gov cc: United Parcel Service, Inc. 1 1800 Harlan Road Lathrop, CA 95330 UPS (S. Medina) - 0000201 EXHIBIT C EEOC Form 161 (11/16) U.S. Equal Employment Opportunity Commission Dismissal and Notice of Rights To: Shaun Medina From: Los Angeles District Office 922 Collins St 255 E. Temple St. 4th Floor Manteca, CA 95337 Los Angeles, CA 90012 On behalf of person(s) aggrieved whose identity is CONFIDENTIAL (29 CFR §1601. 7(a)) EEOC Charge No. EEOC Representative Telephone No. Karrie L. Maeda, 37A-2017-03292 State & Local Coordinator (213) 894-1100 THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON: The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC. Your allegations did not involve a disability as defined by the Americans WithDisabilities Act. The Respondent employs less than the required number of employees or is not otherwise covered by the statutes. Your charge was not timely filed with EEOC; in other words, you waited too long after the date(s) of the alleged discrimination to file your charge The EEOC issues the following determination: Based upon itsinvestigation, the EEOC is unable to conclude that the information obtained establishes violations of the statutes.This does not certify that the respondent is in compliance with the statutes. No finding is made as to any other issues that might be construed as having been raised by this charge. X The EEOC has adopted the findings of the state or local fair employment practices agency that investigated this charge. Other (briefly state) - NOTICE OF SUIT RIGHTS - (See the additional information attached to this form.) Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you. You may file a lawsuit against the respondent(s) under federal law based on this charge infederal or state court. Your lawsuit must be filed WITHIN 90 DAYS of your receipt of this notice; or your right to sue based on this charge will be lost. (The time limit for filingsuit based on a claim under state law may be different.) Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) of the alleged EPA underpayment This means that backpay due for any violations that occurred more than 2 years (3 years) before you file suit may not be collectible. lission January 17, 2018 Endosures(s) Rosa M. Viramontes, (Date Mailed) District Director cc: UNITED PARCEL SERVICE INC. 11800 Harlan Rd Lathrop, CA 95330 MEDINA 000005 MEDINA 000005 EXHIBIT D 1 COMPLAINT OF EMPLOYMENT DISCRIMINATION BEFORE THE STATE OF CALIFORNIA 2 DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING Under the California Fair Employment and Housing Act 3 (Gov. Code, § 12900 et seq.) 4 In the Matter of the Complaint of 5 Shaun Medina DFEH No. 201802-01231916 6 Complainant, 7 vs. 8 UPS 11800 Harland Road 9 Lathrop, California 95330 10 UPS Lathrop HUB LAHCA 11 11800 Harland Road Lathrop, California 95330 12 United Parcel Service 13 11800 Harland Road Lathrop, California 95330 14 15 Chris Unknown 11800 Harland Road 16 Lathrop, California 95330 17 Chauncy Unknown 18 11800 Harland Road Lathrop, California 95330 19 Dorothy Unknown 20 11800 Harland Road Lathrop, California 95330 21 22 Vivian Unknown 11800 Harland Road 23 Lathrop, California 95330 24 Luis Unknown 11800 Harland Road 25 Lathrop, California 95330 26 27 -1- Complaint – DFEH No. 201802-01231916 28 Date Filed: February 15, 2018 MEDINA 000009 1 Denise Unknown 2 11800 Harland Road Lathrop, California 93550 3 4 Respondents. 5 6 1. Respondent UPS is an employer subject to suit under the California Fair 7 Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.). 8 2. Complainant Shaun Medina, resides in the City of Santa Monica State of California. 9 10 3. Complainant alleges that on or about March 7, 2017, respondent took the following adverse actions: 11 Complainant was harassed because of complainant's family care or medical leave 12 (cfra), disability (physical or mental). 13 Complainant was discriminated against because of complainant's family care or 14 medical leave (cfra), disability (physical or mental), other and as a result of the discrimination was forced to quit, reprimanded, asked impermissible non-job-related 15 questions, denied a work environment free of discrimination and/or retaliation, denied any employment benefit or privilege, failed to give equal considerations in 16 making employment decisions, denied reasonable accommodation for a disability, 17 denied family care or medical leave (cfra), other. 18 Complainant experienced retaliation because complainant reported or resisted any form of discrimination or harassment, requested or used california family rights 19 act or fmla, requested or used a disability-related accommodation and as a result was forced to quit, reprimanded, asked impermissible non-job-related questions, 20 denied a work environment free of discrimination and/or retaliation, denied any 21 employment benefit or privilege, failed to give equal considerations in making employment decisions, denied reasonable accommodation for a disability, denied 22 family care or medical leave (cfra). 23 24 Additional Complaint Details: Denied a work environment free of harassment. Denied a good faith interactive process. 25 26 27 -2- Complaint – DFEH No. 201802-01231916 28 Date Filed: February 15, 2018 MEDINA 000010 1 VERIFICATION 2 I, Ghazaleh Attaran, am the Attorney in the above-entitled complaint. Ihave read the foregoing complaint and know the contents thereof. The matters alleged are 3 based on information and belief, which I believe to be true. 4 On February 15, 2018, I declare under penalty of perjury under the laws of the State 5 of California that the foregoing is true and correct. 6 Santa Monica, CA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -3- Complaint – DFEH No. 201802-01231916 28 Date Filed: February 15, 2018 MEDINA 000011 EXHIBIT E STATE OF CALIFORNIA | Business, Consumer Services and Housing Agency GOVERNOR EDMUND G. BROWN JR. DIRECTOR KEVIN KISH DEPARTMENT OF FAIR EMPLOYMENT & HOUSING 2218 Kausen Drive, Suite 100 I Elk Grove I CA I 95758 (800) 884-1684 I TDD (800) 700-2320 http://www.dfeh.ca.gov I email: contact.center@dfeh.ca.gov February 15, 2018 Shaun Medina C/O 225 Santa Monica Boulevard 700 Santa Monica, California 90401 RE: Notice of Case Closure and Right to Sue DFEH Matter Number: 201802-01231916 Right to Sue: Medina / UPS et al. Dear Shaun Medina, This letter informs you that the above-referenced complaint was filed with the Department of Fair Employment and Housing (DFEH) has been closed effective February 15, 2018 because an immediate Right to Sue notice was requested. DFEH will take no further action on the complaint. This letter is also your Right to Sue notice. According to Government Code section 12965, subdivision (b), a civil action may be brought under the provisions of the Fair Employment and Housing Act against the person, employer, labor organization or employment agency named in the above-referenced complaint. The civil action must be filed within one year from the date of this letter. To obtain a federal Right to Sue notice, you must contact the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of this DFEH Notice of Case Closure or within 300 days of the alleged discriminatory act, whichever is earlier. Sincerely, Department of Fair Employment and Housing MEDINA 000008 EXHIBIT F 1 COMPLAINT OF EMPLOYMENT DISCRIMINATION BEFORE THE STATE OF CALIFORNIA 2 DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING Under the California Fair Employment and Housing Act 3 (Gov. Code, § 12900 et seq.) 4 In the Matter of the Complaint of 5 Shaun Medina DFEH No. 201802-01231916 6 Complainant, 7 vs. 8 UPS 11800 Harland Road 9 Lathrop, CA 95330 10 UPS Lathrop HUB LAHCA 11 11800 Harland Road Lathrop, CA 95330 12 United Parcel Service 13 11800 Harland Road Lathrop, CA 95330 14 15 Chris Unknown 11800 Harland Road 16 Lathrop, California 95330 17 Chauncy Unknown 18 11800 Harland Road Lathrop, California 95330 19 Dorothy Unknown 20 11800 Harland Road Lathrop, California 95330 21 22 Vivian Unknown 11800 Harland Road 23 Lathrop, California 95330 24 Luis Unknown 11800 Harland Road 25 Lathrop, California 95330 26 27 -1- Complaint – DFEH No. 201802-01231916 28 Date Filed: February 15, 2018 Date Amended: February 11, 2019 MEDINA 000013 1 Denise Unknown 2 11800 Harland Road Lathrop, California 93550 3 4 Respondents 5 6 1. Respondent UPS is an employer subject to suit under the California Fair 7 Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.). 8 2. Complainant Shaun Medina, resides in the City of Santa Monica State of California. 9 10 3. Complainant alleges that on or about March 7, 2017, respondent took the following adverse actions: 11 Complainant was harassed because of complainant's race, ancestry, national 12 origin (includes language restrictions), color, family care or medical leave (cfra) 13 (employers of 50 or more people), disability (physical or mental), age (40 and over), other. 14 Complainant was discriminated against because of complainant's race, ancestry, 15 national origin (includes language restrictions), color, family care or medical leave (cfra) (employers of 50 or more people), disability (physical or mental), age (40 and 16 over), other and as a result of the discrimination was forced to quit, reprimanded, 17 asked impermissible non-job-related questions, denied a work environment free of discrimination and/or retaliation, denied any employment benefit or privilege, denied 18 reasonable accommodation for a disability, denied family care or medical leave (cfra) (employers of 50 or more people), other. 19 Complainant experienced retaliation because complainant reported or resisted 20 any form of discrimination or harassment, requested or used a disability-related 21 accommodation and as a result was forced to quit, reprimanded, asked impermissible non-job-related questions, denied a work environment free of 22 discrimination and/or retaliation, denied any employment benefit or privilege, denied reasonable accommodation for a disability, denied family care or medical leave 23 (cfra) (employers of 50 or more people), other. 24 25 Additional Complaint Details: The facts include but are not limited to discrimination, harassment, and retaliation from management and coworkers on the 26 27 -2- Complaint – DFEH No. 201802-01231916 28 Date Filed: February 15, 2018 Date Amended: February 11, 2019 MEDINA 000014 1 basis of the following protected categories, which include but aren’t limited to: Disability, Age, Race, Color, National Origin, FMLA, and Other. That, among other 2 things, formed the underlying basis for complainant’s termination and/or subjected complainant to additional adverse employment action. 3 Additional harms include but aren’t limited to failure to prevent discrimination, 4 harassment, and/or retaliation, denied a work environment free of harassment, failure to engage in an interactive process, failure to offer reasonable 5 accommodations and retaliation for engaging in protected activity. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -3- Complaint – DFEH No. 201802-01231916 28 Date Filed: February 15, 2018 Date Amended: February 11, 2019 MEDINA 000015 1 VERIFICATION 2 I, Ghazaleh Attaran, am the Attorney in the above-entitled complaint. Ihave read the foregoing complaint and know the contents thereof. The matters alleged are 3 based on information and belief, which I believe to be true. 4 On February 11, 2019, I declare under penalty of perjury under the laws of the State 5 of California that the foregoing is true and correct. 6 Santa Monica, CA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -4- Complaint – DFEH No. 201802-01231916 28 Date Filed: February 15, 2018 Date Amended: February 11, 2019 MEDINA 000016