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1 RODNEY S. DIGGS, ESQ. (SBN 274459)
rdiggs@imwlaw.com
2 KAELIN S. DAVIS, ESQ. (SBN 340028)
kdavis@imwlaw.com
3 IVIE McNEILL WYATT PURCELL & DIGGS
A Professional Law Corporation
4 444 South Flower Street, Suite 1800
Los Angeles, California 90071
5 Telephone: (213) 489-0028
Facsimile: (213) 489-0552
6
7
Attorneys for Plaintiff, CHAWN THORNTON
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF RIVERSIDE
10
11
CHAWN THORNTON, an individual, ) CASE NO.:
12
)
) COMPLAINT FOR DAMAGES
13 Plaintiff, )
)
14 ) 1. Violation of Gov. Code, Sections
vs. ) 12940(j)(1), (j)(3), 12923– Employer
15 ) Harassment and Employee
) Harassment
16 ) 2. Violation Gov. Code, Section 12940(k)-
RIVERSIDE MEDICAL CLINIC, INC. a ) Failure to Prevent Retaliation,
17 California Corporation; JOSEPH QUAN, an ) Discrimination, and Harassment
individual; AND DOES 1 THROUGH 50, ) 3. Battery
18 ) 4. Violation of Labor Code, Section 226 –
INCLUSIVE, ) Failure to Timely Provide a Personnel
19 ) File
) 5. Violation of Gov. Code, Section
20 Defendants. ) 12940(a) – Gender Discrimination
) 6. Violation of Gov. Code, Section 12940
21 ) (h) – Retaliation
) 7. Violation of Gov. Code, Section
22 ) 12940(j) – Quid Pro Quo Sexual
) Harassment
23
) 8. Intentional Infliction of Emotional
24
) Distress
)
25 ) JURY TRIAL DEMANDED
26 COMES NOW PLAINTIFF, CHAWN THORNTON, by and through her counsel and
27 respectfully alleges as follows:
28
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1
COMPLAINT FOR DAMAGES
1
PARTIES
2
1. PLAINTIFF CHAWN THORNTON (hereinafter “Plaintiff” or “Ms. Thornton”)
3
was an employee of Defendant Riverside Medical Clinic, Inc. (hereinafter “Riverside Medical”).
4
Plaintiff began her employment with Defendant Riverside Medical on or about June 4, 2016.
5
Plaintiff was a Cardiac Diagnostic Technician for Defendant Riverside Medical. Plaintiff was
6
engaged in her role as Cardiac Diagnostic Technician at Defendant Riverside Medical’s Brockton
7
facility located at 7117 Brockton Avenue, Riverside, California 92506.
8
2. Defendant Riverside Medical Clinic, Inc. (hereinafter “Riverside Medical”), is,
9
and at all times mentioned herein was, a California Corporation. Defendant Riverside Medical
10
maintains several locations including but not limited to the Brockton facility located at 7117
11
Brockton Avenue, Riverside, California 92506.
12
3. Defendant Joseph Quan, MD (hereinafter “Quan”) is a Cardiologist employed by
13
Defendant Riverside Medical. Defendant Quan is, and at all times mentioned herein was, a
14
resident of California, and in doing the things herein alleged was acting as an agent and/or
15
employee of Riverside Medical and was acting within the scope of his employment as
16
Cardiologist, and with the permission and consent of each co-defendant.
17 4. Plaintiff is ignorant of the true names and capacities of defendants sued herein as
18 DOES 1-50 (‘hereinafter DOES”), inclusive, and therefore sues these defendants by such
19 fictitious names. Plaintiff will amend this Complaint to allege their true names and capacities
20 when ascertained. Plaintiff is informed and believes and thereon alleges that each of these
21 fictitious named defendants is responsible in some manner for the occurrences herein alleged, and
22 that these occurrences were a substantial factor in causing injuries to Plaintiff as alleged herein.
23 EXHAUSTION OF ADMINISTRATIVE REMEDIES
24 5. Plaintiff filed a complaint with the Department of Fair Employment and Housing
25 (“DFEH”) pursuant to § 12490 of the Government Code alleging that the acts described herein
26 established a violation of the Fair Employment and Housing Act [Gov. Coe § 12900-12966].
27 Plaintiff received a Right to Sue letter from DFEH, and thus Plaintiff has fully exhausted her
28 administrative remedies.
2
COMPLAINT FOR DAMAGES
1
FACTUAL ALLEGATIONS
2
6. Plaintiff is a fifty-two-year-old African American woman.
3
7. On June 4, 2016, Plaintiff started her employment with Riverside Medical as
4
Cardiac Diagnostic Technician in the Cardiac Testing Department.
5
8. As a Cardiac Diagnostic Technician, Plaintiff assisted the doctors in conducting
6
invasive and non-invasive tests and procedures. Plaintiff routinely set patients up for treadmill
7
tests and Electrocardiography (EKG) tests.
8
9. Plaintiff saw as many as a hundred patients a day on any given day when she was
9
scheduled to work.
10
10. Plaintiff’s work duties included but were not limited to walking the patients back
11
and forth from the cardiology department to radiology, answering telephones, and cleaning
12
equipment.
13
11. On Mondays and Fridays, Plaintiff was scheduled to perform treadmill test with
14
the physicians, including but not limited to Defendant Dr. Quan. On these days, Plaintiff called
15
the patient in, prepared him or her for the test, placed EKG patches on various locations on the
16
patient’s body and secured blood pressure monitors on the patient.
17 12. After Plaintiff prepared the patient for the treadmill test, the doctor, typically Dr.
18 Quan, would enter the room to conduct the test. Once the doctor arrived, Plaintiff moved to stand
19 next to the patient and monitored the patient and the patient’s test results.
20 13. Plaintiff enjoyed her work and did not have any problems with any of the doctors
21 she worked with until Dr. Quan started to touch and caress Plaintiff’s buttock.
22 14. Starting in or around early 2019, Dr. Quan started inappropriately touching
23 Plaintiff and making Plaintiff feel extremely uncomfortable while alone in the testing rooms with
24 the patients.
25 15. On one occasion in 2019, Plaintiff and Dr. Quan were having a conversation in the
26 testing room when Dr. Quan patted Plaintiff on her left shoulder with his right hand. Dr. Quan
27 patted Plaintiff so hard that it felt as though he was hitting her shoulder, causing pain and
28 discomfort. Then Dr. Quan dropped his right hand from Plaintiff’s shoulder to her lower back
3
COMPLAINT FOR DAMAGES
1
where he touched and caressed her buttock. Plaintiff could not believe that Dr. Quan had done
2
this while they were working together. On this first occasion, Plaintiff was so stunned that she
3
thought it must’ve been an accident.
4
16. However, Plaintiff suddenly realized that this was no accident, as Dr. Quan
5
continued to touch, rub and caress her lower back and buttock nearly every time, they worked
6
together in the treadmill room.
7
17. Plaintiff started to change the way that she stood at work, her posture and position
8
to avoid any physical contact with Dr. Quan.
9
18. Once Plaintiff realized that Dr. Quan was intentionally touching her buttock, she
10
started to maneuver her body so that she could prevent the continuous unwanted sexual touches.
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Plaintiff would place her left hand behind her back and cover her behind with her hand to intercept
12
Dr. Quan’s sexual advances.
13
19. Plaintiff also told her co-worker Javier Santiago (hereinafter “Mr. Santiago”)
14
about Dr. Quan’s inappropriate sexual touches, specifically that he continuously touched and
15
caressed her buttock while they were alone in the treadmill room with the patients. On numerous
16
occasions, Mr. Santiago switched places with Plaintiff so that she would not be alone with Dr.
17 Quan. When Mr. Santiago was unable to switch places with Plaintiff he tried to walk by the room
18 as much as possible so that he could watch Dr. Quan. However, despite Plaintiff and Mr.
19 Santiago’s efforts, Plaintiff was still forced to endure Dr. Quan’s inappropriate sexual behavior
20 in the treadmill testing rooms on Mondays and Fridays.
21 20. Plaintiff always left the door open so that others could see into the treadmill room
22 during testing, but that did not deter Dr. Quan. For at least two years, Dr. Quan continuously
23 placed his hands on Plaintiff’s shoulders, back and buttock without Plaintiff’s consent.
24 21. As a result of Dr. Quan’s unwanted advances, Plaintiff felt offended, humiliated,
25 distressed, degraded and embarrassed whenever she worked with Dr. Quan.
26 22. Dr. Quan’s unwanted sexual advances made Plaintiff extremely irritable, and her
27 anxiety was at an all-time high.
28
4
COMPLAINT FOR DAMAGES
1
23. Plaintiff was so embarrassed by Dr. Quan’s actions that she could not tell her
2
husband or her family for months, even though they noticed her anxiety and irritability increase
3
as she continued to work with Dr. Quan. Plaintiff would jump and become upset with her husband
4
whenever he walked by her or tried to touch her. Defendants’ actions also caused Plaintiff to
5
sweat profusely when she was at work, and she would have to carry deodorant with her, especially
6
on Mondays and Fridays.
7
24. Plaintiff feared reporting Dr. Quan to her supervisors and human resources
8
department because of his position within the hospital. As such, Plaintiff felt that if she were to
9
report Dr. Quan’s continuous unwanted sexual touches, she may be retaliated against and lose her
10
job.
11
25. Plaintiff eventually had enough, and reported what was going on to her supervisor,
12
Christina Padilla. Plaintiff informed Christina Padilla that she could not take it anymore, her body
13
was hurting because she was so tense, and her nerves were in a ball, and she could not sleep due
14
to insomnia. Plaintiff is informed and believes that Christina Padilla relayed Plaintiff’s concerns
15
to Human Resources Department at Riverside Medical, and Plaintiff, Christina Padilla and
16
Human Resources all sat down to discuss Plaintiff’s problems.
17 26. Despite Plaintiff’s conversation with Christina Padilla and Human Resources,
18 nothing changed, and Dr. Quan continued to touch her, in a sexual manner, when they worked
19 together. After her meeting she did not hear anything from Human Resources. Human Resources
20 Vice-President, Francisca LeDoux-Hernandez suggested that all the nurses, including but not
21 limited to Plaintiff, who had been harassed by Dr. Quan be moved to other facilities. However,
22 the only other facility that Plaintiff could work at was the Temescal Valley facility located at
23 21634 Retreat Parkway Temescal Valley, California 92883 even though Cardiology medical
24 services were only available at the Brockton facility located at 7117 Brockton Avenue, Riverside,
25 California 92506.
26 27. After many nurses came forward with allegations similar to Plaintiff’s, Defendant
27 Riverside Medical did not make any attempt to protect the nurses being harassed by Dr. Quan,
28 but instead protected Dr. Quan and the other doctors accused of sexual harassment.
5
COMPLAINT FOR DAMAGES
1
28. On or about September 27, 2021, Plaintiff attended a birthday breakfast to
2
celebrate Mr. Santiago’s birthday with her co-workers. Plaintiff felt that she would be safe to go
3
to the celebration because there were many other people and co-workers there. Plaintiff first
4
noticed Dr. Quan standing in the doorway. Then as Plaintiff bent down to grab a muffin, Dr. Quan
5
was suddenly beside her and bumped her hip with his causing her to lose her balance.
6
29. While Plaintiff was standing at the table to grab a muffin, another one of her co-
7
workers stood next to her. Plaintiff realized that as her female co-worker bent down to get a
8
muffin, her shirt rose up exposing her lower back and her underwear. Plaintiff quickly realized
9
that Dr. Quan was staring at her co-worker like a dog. These sexual stares and glares made
10
Plaintiff extremely uncomfortable.
11
30. On or about September 30, 2021, Plaintiff’s physician placed her on leave of
12
absence for injuries that she had sustained while at work.
13
31. On or about January 17, 2022, Plaintiff was advised that she was to return to work.
14
Shortly thereafter on January 24, 2022, Plaintiff was the only cardiac technician who was
15
relocated from the cardiology department. Although, Plaintiff was informed that all of the cardiac
16
technicians would be relocated, Plaintiff was the only one in the new office until January 28, 2022,
17 when all other cardiac technicians joined her. Plaintiff is informed and believes that she was
18 intentionally isolated between January 24, 2022, and January 28, 2022, in retaliation for filing
19 making protected complaints against Dr. Quan.
20 32. Since Plaintiff has returned to work, she has experienced heightened levels of
21 stress and anxiety because she is worried she will be forced to work with Dr. Quan again. Plaintiff
22 is informed, believes and hereby alleges that human resources discussed her allegations against
23 Dr. Quan with the other doctors in the office. Plaintiff believes that her reports about Dr. Quan
24 were not kept confidential and now she receives dirty looks from the other doctors.
25 33. Plaintiff is informed and believes that Dr. Quan is still employed at Riverside
26 Medical Clinic, and as a result Plaintiff feels anxious, tense, and overwhelming stress at the
27 thought of working with Dr. Quan again. Plaintiff also believes that she has a target on her for
28 retaliation and further harassment from Dr. Quan and the other doctors at Riverside Medical
6
COMPLAINT FOR DAMAGES
1
Clinic. Furthermore, Plaintiff fears that her employment with Riverside Medical Clinic is at risk
2
and she is afraid she may lose her job.
3
FIRST CAUSE OF ACTION
4
(Violation of Gov. Code, Sections 12940(j) and 12923 – Sexual Harassment)
5
[PLAINTIFF CHAWN THORNTON against DEFENDANTS JOSEPH QUAN and
6
RIVERSIDE MEDICAL CLINIC]
7
34. Plaintiff restates and incorporates by reference each and every allegation contained
8
in all of the preceding paragraphs of this Complaint as though fully set forth herein.
9
35. In violation of Government Code sections 12940 subdivision (j) and 12923
10
Defendant Dr. Quan and Riverside Medical and/or its agents/employees participated in an
11
environment that fostered and promoted sexual harassment.
12
36. The Fair Employment and Housing Act codified in Government Code section
13
12923, sets forth the Legislative intent about the application of the laws about harassment
14
contained in FEHA, including that harassment cases are rarely appropriate for disposition on
15
summary judgment.
16
37. Liability for harassment also extends to individual supervisory employees. Myers
17 v. Trendwest Resorts Inc. (2007) 148 Cal.App.4th 1403.
18 38. Plaintiff claims that Defendants Dr. Quan and Riverside Medical subjected her to
19 harassment based on her gender and that this harassment created a work environment that was
20 hostile, intimidating, offensive, oppressive, and abusive.
21 39. Plaintiff is and at all times relevant was an employee at Riverside Medical, acting
22 as Cardiac Diagnostic Technician.
23 40. Plaintiff was subjected to harassing conduct because she was a woman.
24 41. For approximately two years Dr. Quan has continuously inappropriately touched
25 Plaintiff on her shoulders, back and buttock.
26 42. In early 2019 while Plaintiff was working with Dr. Quan in the treadmill testing
27 room, Dr. Quan patted Plaintiff on her left shoulder with his right hand, so hard that itfelt as
28
7
COMPLAINT FOR DAMAGES
1
though he was hitting her. Then Dr. Quan continued to drop his hand to Plaintiff’s lower back
2
and eventually touched her buttock.
3
43. The harassing conduct was both severe and pervasive as Dr. Quan continued his
4
unwanted sexual touches for nearly two years.
5
44. Plaintiff continued to endure such unwanted sexual touches from Dr. Quan for
6
nearly two years before she was placed on leave of absence by her physician on or about
7
September 30, 2021.
8
45. Dr. Quan continuously placed his hands on Plaintiff without her consent causing
9
her to feel offended, humiliated, distressed, degraded, and embarrassed.
10
46. Plaintiff was unable to explain what was going on at work to her husband or her
11
family. Rather, Plaintiff started to get upset with her husband when he walked by her or tried to
12
touch her.
13
47. Plaintiff became extremely irritable and anxious whenever she anticipated
14
working with Dr. Quan on Mondays and Fridays. Plaintiff started sweating profusely whenever
15
she was around Dr. Quan and always carried deodorant with her.
16
48. A reasonable woman in Plaintiff’s circumstances would have considered the work
17 environment to be hostile, intimidating, offensive, oppressive, and abusive.
18 49. Plaintiff considered the work environment to be hostile, intimidating, offensive,
19 oppressive, and abusive.
20 50. Dr. Quan was a Cardiologist at Riverside Medical and as such, acted as a
21 supervisor to Plaintiff who was employed as Cardiac Diagnostic Technician.
22 51. In doing the things herein alleged, Dr. Quan was one of Plaintiff’s supervisors who
23 engaged in the aforementioned inappropriate and unwanted conduct such as touching Plaintiff’s
24 buttock while working in the treadmill testing room together.
25 52. Furthermore, Defendant Riverside Medical knew or should have known of the
26 aforementioned conduct of Dr. Quan and failed to take immediate and appropriate corrective
27 action.
28 ///
8
COMPLAINT FOR DAMAGES
1
53. Plaintiff accordingly informed Christina Padilla, one of her supervisors, that she
2
could no longer endure Dr. Quan’s unwanted advances. Plaintiff also informed Christina Padilla
3
that due to Dr. Quan’s actions, her nerves were in a ball and her body was hurting from the stress
4
and anxiety. Furthermore, Plaintiff told Christina Padilla that she was unable to sleep and often
5
stayed awake with insomnia.
6
54. However, after Christina Padilla relayed Plaintiff’s concerns to Human Resources
7
Vice-President Francisca LeDoux-Hernandez, Plaintiff had a conversation with Human
8
Resources, but nothing ever happened. In fact, Francisca LeDoux-Hernandez suggested to move
9
Plaintiff to the Temescal Valley facility even though Cardiology medical services were only
10
available at the Brockton facility.
11
55. As a result of the aforementioned hostile, intimidating, offensive, oppressive, and
12
abusive work environment Plaintiff because extremely irritable and anxious.
13
56. Dr. Quan’s conduct was a substantial factor in causing Plaintiff’s irritation and
14
anxiety.
15
57. As a direct and proximate result of Dr. Quan’s unlawful conduct, Plaintiff has
16
sustained prolonged pain and suffering, anxiety, embarrassment, humiliation, loss of self-esteem,
17 and extreme and severe mental anguish and emotional distress. Plaintiff is therefore entitled to
18 general and compensatory damages in amounts to be proven at trial.
19 58. Further, because the decision to harass Plaintiff based on her gender was
20 committed by Defendant Riverside Medical, including its officers, directors, and/or managing
21 agents of the company, who acted with malice, oppression or fraud, or were deliberate, willful
22 and acted in conscious disregard of the probability of causing injury to Plaintiff, as defined in
23 Civil Code § 3294, she seeks exemplary and punitive damages against Defendants and each of
24 them, in order to deter them from such conduct in the future.
25 59. Pursuant to California’s Fair Employment and Housing Act (FEHA), Plaintiff will
26 be entitled to the award of reasonable costs and attorney fees if she is the prevailing party in this
27 action.
28 ///
9
COMPLAINT FOR DAMAGES
1
SECOND CAUSE OF ACTION
2
(Violation of Gov. Code, § 12940(k) – Failure to Prevent Discrimination,
3
Harassment and Retaliation)
4
[PLAINTIFF CHAWN THORNTON against DEFENDANT
5
RIVERSIDE MEDICAL CLINIC]
6
60. Plaintiff restates and incorporates by reference each and every allegation contained
7
in all or the preceding paragraphs of this Complaint as though fully set forth herein.
8
61. In violation of Government Code, section 12940 subdivision (k), Defendant
9
Riverside Medical failed to take all reasonable steps to prevent harassment based on Plaintiff’s
10
gender, female.
11
62. Defendant Riverside Medical failed to take all reasonable steps to prevent
12
discrimination, harassment and retaliation.
13
63. Defendant Riverside Medical is and was at all times relevant an employer under
14
Gov. Code § 12940.
15
64. Plaintiff was an employee of Defendant Riverside Medical. Plaintiff started her
16
employment on or about June 4, 2016, and continued her employment as Cardiac Diagnostic
17 Technician.
18 65. Plaintiff was subjected to harassment in the course of her employment.
19 66. For approximately two years Plaintiff has endured unwanted sexual advances from
20 Riverside Medical employee Dr. Quan. Sometime in or around 2019, Plaintiff was working with
21 Dr. Quan when he patted her on the back so hard, she thought that he had hit her causing pain and
22 discomfort. Then Dr. Quan moved his hand down her back until he reached her buttock.
23 67. Nearly every time Plaintiff worked with Dr. Quan on Mondays and Fridays in the
24 treadmill testing room, she became anxious and stressed in anticipation of the touching that was
25 sure to happen.
26 68. Plaintiff first told her co-worker, Mr. Santiago about Dr. Quan’s conduct. At which
27 time, Mr. Santiago would switch places with Plaintiff whenever he could so that she would not
28 be alone with Dr. Quan. When Mr. Santiago was not able to switch places with Plaintiff, he made
10
COMPLAINT FOR DAMAGES
1
sure to walk by the room as much as possible so that he could watch Dr. Quan and protect Plaintiff.
2
However, despite Mr. Santiago’s efforts, Plaintiff was still forced to endure Dr. Quan’s
3
inappropriate conduct in the treadmill testing rooms.
4
69. Defendant Riverside Medical failed to take all reasonable steps to prevent the
5
discrimination, harassment and retaliation perpetrated by Defendant Dr. Quan and Riverside
6
Medical.
7
70. Plaintiff reported to her supervisor Christina Padilla that she could not take it
8
anymore, her body was hurting because she was so tense, her nerves were in a ball, and she could
9
not sleep due to insomnia. Plaintiff is informed and believes that Christina Padilla relayed
10
Plaintiff’s concerns to the Human Resources Department at Riverside Medical, and Plaintiff,
11
Christina Padilla and a representative from Human Resources all sat down to discuss Plaintiff’s
12
concerns.
13
71. Despite Plaintiff’s conversation with Christina Padilla and Human Resources,
14
nothing changed, and Dr. Quan continued to touch Plaintiff when they worked together. Plaintiff
15
did not hear anything from Human Resources after her meeting. Human Resources Vice-President,
16
Francisca LeDoux-Hernandez eventually suggested that all the nurses, including but not limited
17 to Plaintiff, who had been harassed by Dr. Quan be moved to other facilities.
18 72. As a result of Defendant Riverside Medical’s failure to prevent Dr. Quan’s
19 constant and continuous harassment, Plaintiff was harmed.
20 73. Plaintiff felt that Defendant Riverside Medical was not trying to protect the nurses
21 who were being harassed by Dr. Quan, but instead was trying to protect Dr. Quan and the other
22 doctors who were accused of sexual harassment.
23 74. On January 24, 2022, Plaintiff was the only cardiac technician who was relocated
24 from the cardiology department, into a smaller office. Although, Plaintiff was informed that all
25 of the cardiac technicians would be relocated, Plaintiff was the only one in the new office until
26 January 28, 2022, when all other cardiac technicians joined her. Plaintiff is informed and believes
27 that she was intentionally isolated between January 24, 2022, and January 28, 2022, in retaliation
28 for filing making protected complaints against Dr. Quan.
11
COMPLAINT FOR DAMAGES
1
75. Defendant’s failure to take all reasonable steps to prevent harassment was a
2
substantial factor in causing Plaintiff’s harm. In fact, Defendant removed Plaintiff from the
3
cardiology department into a smaller office. Additionally, Plaintiff is informed and believes that
4
Dr. Quan is still employed by Riverside Medical. Plaintiff fears seeing Dr. Quan at work and is
5
afraid that he may jeopardize her employment.
6
76. As a direct and proximate result of Dr. Quan’s unlawful conduct, Plaintiff has
7
sustained prolonged pain and suffering, anxiety, embarrassment, humiliation, loss of self-esteem,
8
and extreme and severe mental anguish and emotional distress. Plaintiff is therefore entitled to
9
general and compensatory damages in amounts to be proven at trial.
10
77. Further, because the decision to harass Plaintiff based on her gender was
11
committed by Defendant Riverside Medical, including its officers, directors, and/or managing
12
agents of the company, who acted with malice, oppression or fraud, or were deliberate, willful
13
and acted in conscious disregard of the probability of causing injury to Plaintiff, as defined in
14
Civil Code § 3294, she seeks exemplary and punitive damages against Defendants and each of
15
them, in order to deter them from such conduct in the future.
16
78. Pursuant to California’s Fair Employment and Housing Act (FEHA), Plaintiff will
17 be entitled to the award of reasonable costs and attorney fees if she is the prevailing party in this
18 action.
19 THIRD CAUSE OF ACTION
20 (Battery)
21 [PLAINTIFF CHAWN THORNTON against DEFENDANTS JOSEPH QUAN and
22 RIVERSIDE MEDICAL CLINIC]
23 79. Plaintiff restates and incorporates by reference each and every allegation contained
24 in all of the preceding paragraphs of this Complaint as though fully set forth herein.
25 80. Plaintiff was harmed by Dr. Quan, and Riverside Medical is responsible for the
26 harm because Dr. Quan was acting as its agent and/or employee when the incidents of unwanted
27 touching in the treadmill testing room occurred.
28
12
COMPLAINT FOR DAMAGES
1
81. Dr. Quan was Defendant Riverside Medical’s agent and/or employee. Dr. Quan is
2
employed as a Cardiologist at Riverside Medical.
3
82. Dr. Quan was acting within the scope of his agency and/or employment when he
4
continuously subjected Plaintiff to unwanted touching while they worked together in the treadmill
5
testing room on Mondays and Fridays, at Riverside Medical.
6
83. On numerous occasions starting in or around 2019, Dr. Quan started placing his
7
hands on Plaintiff’s shoulders, back and buttock when they worked together in the treadmill
8
testing room.
9
84. Dr. Quan patted Plaintiff’s should so hard that she thought that he was hitting her,
10
then he moved his hand down to her lower back and buttock while Plaintiff was monitoring the
11
patients.
12
85. This touching was unwanted and offensive.
13
86. Plaintiff did not consent to Dr. Quan’s inappropriate touching at any time.
14
87. Dr. Quan’s actions harmed Plaintiff. At first, Plaintiff was in extreme shock and
15
did not believe that Dr. Quan would intentionally do such a thing. However, as it continued to
16
happen, Plaintiff became uncomfortable, stressed, and anxious on Mondays and Fridays when
17 she anticipated working with Dr. Quan again.
18 88. A reasonable person would be offended by Dr. Quan’s unwanted touching.
19 89. As a result of Dr. Quan’s unwanted touching, Plaintiff became extremely irritable
20 and anxious.
21 90. As a direct and proximate result of Dr. Quan’s unlawful conduct, Plaintiff
22 sustained prolonged pain and suffering, anxiety, embarrassment, humiliation, loss of self-esteem,
23 and extreme and severe mental anguish and emotional distress. Plaintiff is therefore entitled to
24 general and compensatory damages in amounts to be proven at trial.
25 ///
26 ///
27 ///
28 ///
13
COMPLAINT FOR DAMAGES
1
FOURTH CAUSE OF ACTION
2
(Violation of Labor Code section 226 – Failure to Timely Provide a Personnel File)
3
[PLAINTIFF against DEFENDANT RIVERSIDE MEDICAL CLINIC]
4
91. Plaintiff restates and incorporates by reference each and every allegation contained
5
in all of the preceding paragraphs of this Complaint as though fully set forth herein.
6
92. Labor Code § 226(c) requires an employer to provide a copy of an employee’s
7
personnel file within twenty-one days of an employee’s request for the file.
8
93. Labor Code § 226(f) makes an employer liable for a civil penalty of $750 plus
9
attorney’s fees and costs, when an employer refuses or fails to send an employee their personnel
10
file within 21 days of a request.
11
94. On October 12, 2021, Plaintiff requested her full and complete personnel file and
12
as of the date of this Complaint, Defendant Riverside Medical has failed to provide Plaintiff with
13
the file.
14
95. Plaintiff sent the following language to Defendant via facsimile “I would like to
15
request that a copy of my complete employee personnel file (including performance reviews) and
16
my payroll records.” Plaintiff requested the aforementioned documents and file be sent to her
17 home address or in the alternative to her email address which was provided in the facsimile.
18 Plaintiff requested that the requested documents be sent within thirty days, but as of the date of
19 this complaint, Plaintiff has not received anything from Riverside Medical regarding her
20 personnel file.
21 96. Pursuant to Labor Code §§ 226 (c) and (f) Defendant Riverside Medical owes
22 Plaintiff $750 plus attorney’s fees and costs for failing to provide her personnel file upon request.
23 FIFTH CAUSE OF ACTION
24 (Violation of Gov. Code section 12940 (a) – Gender Discrimination)
25 [PLAINTIFF against DEFENDANT RIVERSIDE MEDICAL CLINIC]
26 97. Plaintiff restates and incorporates by reference each and every allegation contained
27 in the previous paragraphs as though fully set forth herein.
28
14
COMPLAINT FOR DAMAGES
1
98. In violation of Government Code section 12940, subdivision (a), Defendant
2
Riverside Medical wrongfully discriminated against Plaintiff because of her gender.
3
99. Defendant Riverside Medical was an employer under Government Code § 12940.
4
100. Plaintiff is and was at all times relevant an employee of Defendant Riverside
5
Medical.
6
101. Defendant Riverside Medical subjected Plaintiff to the aforementioned adverse
7
employment actions, including but not limited to forcing her to endure continuous and ongoing
8
sexual harassment perpetrated by Dr. Quan.
9
102. Dr. Quan’s actions and pattern of conduct, taken as a whole, materially, and
10
adversely affected the terms, conditions, and privileges of Plaintiff’s employment. Dr. Quan’s
11
actions as well as the actions of Defendant Riverside Medical’s conduct, included conduct that is
12
and was reasonably likely to impair a reasonable employee’s job performance.
13
103. Defendants and each of their actions or conduct aforementioned were substantial,
14
continuous and ongoing, and as such was reasonably likely to do more than just anger or upset
15
Plaintiff, constituting an adverse employment action.
16
104. Starting approximately two years ago, Dr. Quan started patting Plaintiff so hard
17 on her shoulder that she felt as though she was being hit causing pain and discomfort. Then Dr.
18 Quan would drag his hand down Plaintiff’s back to her buttock, making Plaintiff extremely
19 uncomfortable.
20 105. Dr. Quan continued to touch Plaintiff’s shoulders, back and buttock without her
21 consent whenever they worked together in the treadmill testing room on Mondays and Fridays.
22 106. Plaintiff’s gender was a substantial motivating reason for Dr. Quan’s conduct.
23 Plaintiff is informed and believes that she was not the only female nurse that was subjected to Dr.
24 Quan’s sexual harassment including but not limited to touching other employees on their lower
25 backs and buttock.
26 107. As a result, Plaintiff was harmed by Dr. Quan’s actions.
27 108. Dr. Quan’s conduct was a substantial factor in causing Plaintiff’s harm.
28
15
COMPLAINT FOR DAMAGES
1
109. As a direct and proximate result of Dr. Quan’s unlawful conduct, Plaintiff has
2
sustained prolonged pain and suffering, anxiety, embarrassment, humiliation, loss of sel
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1 RODNEY S. DIGGS, ESQ. (SBN 274459) rdiggs@imwlaw.com 2 KAELIN S. DAVIS, ESQ. (SBN 340028) kdavis@imwlaw.com 3 IVIE McNEILL WYATT PURCELL & DIGGS A Professional Law Corporation 4 444 South Flower Street, Suite 1800 Los Angeles, California 90071 5 Telephone: (213) 489-0028 Facsimile: (213) 489-0552 6 7 Attorneys for Plaintiff, CHAWN THORNTON 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF RIVERSIDE 10 11 CHAWN THORNTON, an individual, ) CASE NO.: 12 ) ) COMPLAINT FOR DAMAGES 13 Plaintiff, ) ) 14 ) 1. Violation of Gov. Code, Sections vs. ) 12940(j)(1), (j)(3), 12923– Employer 15 ) Harassment and Employee ) Harassment 16 ) 2. Violation Gov. Code, Section 12940(k)- RIVERSIDE MEDICAL CLINIC, INC. a ) Failure to Prevent Retaliation, 17 California Corporation; JOSEPH QUAN, an ) Discrimination, and Harassment individual; AND DOES 1 THROUGH 50, ) 3. Battery 18 ) 4. Violation of Labor Code, Section 226 – INCLUSIVE, ) Failure to Timely Provide a Personnel 19 ) File ) 5. Violation of Gov. Code, Section 20 Defendants. ) 12940(a) – Gender Discrimination ) 6. Violation of Gov. Code, Section 12940 21 ) (h) – Retaliation ) 7. Violation of Gov. Code, Section 22 ) 12940(j) – Quid Pro Quo Sexual ) Harassment 23 ) 8. Intentional Infliction of Emotional 24 ) Distress ) 25 ) JURY TRIAL DEMANDED 26 COMES NOW PLAINTIFF, CHAWN THORNTON, by and through her counsel and 27 respectfully alleges as follows: 28 /// 1 COMPLAINT FOR DAMAGES 1 PARTIES 2 1. PLAINTIFF CHAWN THORNTON (hereinafter “Plaintiff” or “Ms. Thornton”) 3 was an employee of Defendant Riverside Medical Clinic, Inc. (hereinafter “Riverside Medical”). 4 Plaintiff began her employment with Defendant Riverside Medical on or about June 4, 2016. 5 Plaintiff was a Cardiac Diagnostic Technician for Defendant Riverside Medical. Plaintiff was 6 engaged in her role as Cardiac Diagnostic Technician at Defendant Riverside Medical’s Brockton 7 facility located at 7117 Brockton Avenue, Riverside, California 92506. 8 2. Defendant Riverside Medical Clinic, Inc. (hereinafter “Riverside Medical”), is, 9 and at all times mentioned herein was, a California Corporation. Defendant Riverside Medical 10 maintains several locations including but not limited to the Brockton facility located at 7117 11 Brockton Avenue, Riverside, California 92506. 12 3. Defendant Joseph Quan, MD (hereinafter “Quan”) is a Cardiologist employed by 13 Defendant Riverside Medical. Defendant Quan is, and at all times mentioned herein was, a 14 resident of California, and in doing the things herein alleged was acting as an agent and/or 15 employee of Riverside Medical and was acting within the scope of his employment as 16 Cardiologist, and with the permission and consent of each co-defendant. 17 4. Plaintiff is ignorant of the true names and capacities of defendants sued herein as 18 DOES 1-50 (‘hereinafter DOES”), inclusive, and therefore sues these defendants by such 19 fictitious names. Plaintiff will amend this Complaint to allege their true names and capacities 20 when ascertained. Plaintiff is informed and believes and thereon alleges that each of these 21 fictitious named defendants is responsible in some manner for the occurrences herein alleged, and 22 that these occurrences were a substantial factor in causing injuries to Plaintiff as alleged herein. 23 EXHAUSTION OF ADMINISTRATIVE REMEDIES 24 5. Plaintiff filed a complaint with the Department of Fair Employment and Housing 25 (“DFEH”) pursuant to § 12490 of the Government Code alleging that the acts described herein 26 established a violation of the Fair Employment and Housing Act [Gov. Coe § 12900-12966]. 27 Plaintiff received a Right to Sue letter from DFEH, and thus Plaintiff has fully exhausted her 28 administrative remedies. 2 COMPLAINT FOR DAMAGES 1 FACTUAL ALLEGATIONS 2 6. Plaintiff is a fifty-two-year-old African American woman. 3 7. On June 4, 2016, Plaintiff started her employment with Riverside Medical as 4 Cardiac Diagnostic Technician in the Cardiac Testing Department. 5 8. As a Cardiac Diagnostic Technician, Plaintiff assisted the doctors in conducting 6 invasive and non-invasive tests and procedures. Plaintiff routinely set patients up for treadmill 7 tests and Electrocardiography (EKG) tests. 8 9. Plaintiff saw as many as a hundred patients a day on any given day when she was 9 scheduled to work. 10 10. Plaintiff’s work duties included but were not limited to walking the patients back 11 and forth from the cardiology department to radiology, answering telephones, and cleaning 12 equipment. 13 11. On Mondays and Fridays, Plaintiff was scheduled to perform treadmill test with 14 the physicians, including but not limited to Defendant Dr. Quan. On these days, Plaintiff called 15 the patient in, prepared him or her for the test, placed EKG patches on various locations on the 16 patient’s body and secured blood pressure monitors on the patient. 17 12. After Plaintiff prepared the patient for the treadmill test, the doctor, typically Dr. 18 Quan, would enter the room to conduct the test. Once the doctor arrived, Plaintiff moved to stand 19 next to the patient and monitored the patient and the patient’s test results. 20 13. Plaintiff enjoyed her work and did not have any problems with any of the doctors 21 she worked with until Dr. Quan started to touch and caress Plaintiff’s buttock. 22 14. Starting in or around early 2019, Dr. Quan started inappropriately touching 23 Plaintiff and making Plaintiff feel extremely uncomfortable while alone in the testing rooms with 24 the patients. 25 15. On one occasion in 2019, Plaintiff and Dr. Quan were having a conversation in the 26 testing room when Dr. Quan patted Plaintiff on her left shoulder with his right hand. Dr. Quan 27 patted Plaintiff so hard that it felt as though he was hitting her shoulder, causing pain and 28 discomfort. Then Dr. Quan dropped his right hand from Plaintiff’s shoulder to her lower back 3 COMPLAINT FOR DAMAGES 1 where he touched and caressed her buttock. Plaintiff could not believe that Dr. Quan had done 2 this while they were working together. On this first occasion, Plaintiff was so stunned that she 3 thought it must’ve been an accident. 4 16. However, Plaintiff suddenly realized that this was no accident, as Dr. Quan 5 continued to touch, rub and caress her lower back and buttock nearly every time, they worked 6 together in the treadmill room. 7 17. Plaintiff started to change the way that she stood at work, her posture and position 8 to avoid any physical contact with Dr. Quan. 9 18. Once Plaintiff realized that Dr. Quan was intentionally touching her buttock, she 10 started to maneuver her body so that she could prevent the continuous unwanted sexual touches. 11 Plaintiff would place her left hand behind her back and cover her behind with her hand to intercept 12 Dr. Quan’s sexual advances. 13 19. Plaintiff also told her co-worker Javier Santiago (hereinafter “Mr. Santiago”) 14 about Dr. Quan’s inappropriate sexual touches, specifically that he continuously touched and 15 caressed her buttock while they were alone in the treadmill room with the patients. On numerous 16 occasions, Mr. Santiago switched places with Plaintiff so that she would not be alone with Dr. 17 Quan. When Mr. Santiago was unable to switch places with Plaintiff he tried to walk by the room 18 as much as possible so that he could watch Dr. Quan. However, despite Plaintiff and Mr. 19 Santiago’s efforts, Plaintiff was still forced to endure Dr. Quan’s inappropriate sexual behavior 20 in the treadmill testing rooms on Mondays and Fridays. 21 20. Plaintiff always left the door open so that others could see into the treadmill room 22 during testing, but that did not deter Dr. Quan. For at least two years, Dr. Quan continuously 23 placed his hands on Plaintiff’s shoulders, back and buttock without Plaintiff’s consent. 24 21. As a result of Dr. Quan’s unwanted advances, Plaintiff felt offended, humiliated, 25 distressed, degraded and embarrassed whenever she worked with Dr. Quan. 26 22. Dr. Quan’s unwanted sexual advances made Plaintiff extremely irritable, and her 27 anxiety was at an all-time high. 28 4 COMPLAINT FOR DAMAGES 1 23. Plaintiff was so embarrassed by Dr. Quan’s actions that she could not tell her 2 husband or her family for months, even though they noticed her anxiety and irritability increase 3 as she continued to work with Dr. Quan. Plaintiff would jump and become upset with her husband 4 whenever he walked by her or tried to touch her. Defendants’ actions also caused Plaintiff to 5 sweat profusely when she was at work, and she would have to carry deodorant with her, especially 6 on Mondays and Fridays. 7 24. Plaintiff feared reporting Dr. Quan to her supervisors and human resources 8 department because of his position within the hospital. As such, Plaintiff felt that if she were to 9 report Dr. Quan’s continuous unwanted sexual touches, she may be retaliated against and lose her 10 job. 11 25. Plaintiff eventually had enough, and reported what was going on to her supervisor, 12 Christina Padilla. Plaintiff informed Christina Padilla that she could not take it anymore, her body 13 was hurting because she was so tense, and her nerves were in a ball, and she could not sleep due 14 to insomnia. Plaintiff is informed and believes that Christina Padilla relayed Plaintiff’s concerns 15 to Human Resources Department at Riverside Medical, and Plaintiff, Christina Padilla and 16 Human Resources all sat down to discuss Plaintiff’s problems. 17 26. Despite Plaintiff’s conversation with Christina Padilla and Human Resources, 18 nothing changed, and Dr. Quan continued to touch her, in a sexual manner, when they worked 19 together. After her meeting she did not hear anything from Human Resources. Human Resources 20 Vice-President, Francisca LeDoux-Hernandez suggested that all the nurses, including but not 21 limited to Plaintiff, who had been harassed by Dr. Quan be moved to other facilities. However, 22 the only other facility that Plaintiff could work at was the Temescal Valley facility located at 23 21634 Retreat Parkway Temescal Valley, California 92883 even though Cardiology medical 24 services were only available at the Brockton facility located at 7117 Brockton Avenue, Riverside, 25 California 92506. 26 27. After many nurses came forward with allegations similar to Plaintiff’s, Defendant 27 Riverside Medical did not make any attempt to protect the nurses being harassed by Dr. Quan, 28 but instead protected Dr. Quan and the other doctors accused of sexual harassment. 5 COMPLAINT FOR DAMAGES 1 28. On or about September 27, 2021, Plaintiff attended a birthday breakfast to 2 celebrate Mr. Santiago’s birthday with her co-workers. Plaintiff felt that she would be safe to go 3 to the celebration because there were many other people and co-workers there. Plaintiff first 4 noticed Dr. Quan standing in the doorway. Then as Plaintiff bent down to grab a muffin, Dr. Quan 5 was suddenly beside her and bumped her hip with his causing her to lose her balance. 6 29. While Plaintiff was standing at the table to grab a muffin, another one of her co- 7 workers stood next to her. Plaintiff realized that as her female co-worker bent down to get a 8 muffin, her shirt rose up exposing her lower back and her underwear. Plaintiff quickly realized 9 that Dr. Quan was staring at her co-worker like a dog. These sexual stares and glares made 10 Plaintiff extremely uncomfortable. 11 30. On or about September 30, 2021, Plaintiff’s physician placed her on leave of 12 absence for injuries that she had sustained while at work. 13 31. On or about January 17, 2022, Plaintiff was advised that she was to return to work. 14 Shortly thereafter on January 24, 2022, Plaintiff was the only cardiac technician who was 15 relocated from the cardiology department. Although, Plaintiff was informed that all of the cardiac 16 technicians would be relocated, Plaintiff was the only one in the new office until January 28, 2022, 17 when all other cardiac technicians joined her. Plaintiff is informed and believes that she was 18 intentionally isolated between January 24, 2022, and January 28, 2022, in retaliation for filing 19 making protected complaints against Dr. Quan. 20 32. Since Plaintiff has returned to work, she has experienced heightened levels of 21 stress and anxiety because she is worried she will be forced to work with Dr. Quan again. Plaintiff 22 is informed, believes and hereby alleges that human resources discussed her allegations against 23 Dr. Quan with the other doctors in the office. Plaintiff believes that her reports about Dr. Quan 24 were not kept confidential and now she receives dirty looks from the other doctors. 25 33. Plaintiff is informed and believes that Dr. Quan is still employed at Riverside 26 Medical Clinic, and as a result Plaintiff feels anxious, tense, and overwhelming stress at the 27 thought of working with Dr. Quan again. Plaintiff also believes that she has a target on her for 28 retaliation and further harassment from Dr. Quan and the other doctors at Riverside Medical 6 COMPLAINT FOR DAMAGES 1 Clinic. Furthermore, Plaintiff fears that her employment with Riverside Medical Clinic is at risk 2 and she is afraid she may lose her job. 3 FIRST CAUSE OF ACTION 4 (Violation of Gov. Code, Sections 12940(j) and 12923 – Sexual Harassment) 5 [PLAINTIFF CHAWN THORNTON against DEFENDANTS JOSEPH QUAN and 6 RIVERSIDE MEDICAL CLINIC] 7 34. Plaintiff restates and incorporates by reference each and every allegation contained 8 in all of the preceding paragraphs of this Complaint as though fully set forth herein. 9 35. In violation of Government Code sections 12940 subdivision (j) and 12923 10 Defendant Dr. Quan and Riverside Medical and/or its agents/employees participated in an 11 environment that fostered and promoted sexual harassment. 12 36. The Fair Employment and Housing Act codified in Government Code section 13 12923, sets forth the Legislative intent about the application of the laws about harassment 14 contained in FEHA, including that harassment cases are rarely appropriate for disposition on 15 summary judgment. 16 37. Liability for harassment also extends to individual supervisory employees. Myers 17 v. Trendwest Resorts Inc. (2007) 148 Cal.App.4th 1403. 18 38. Plaintiff claims that Defendants Dr. Quan and Riverside Medical subjected her to 19 harassment based on her gender and that this harassment created a work environment that was 20 hostile, intimidating, offensive, oppressive, and abusive. 21 39. Plaintiff is and at all times relevant was an employee at Riverside Medical, acting 22 as Cardiac Diagnostic Technician. 23 40. Plaintiff was subjected to harassing conduct because she was a woman. 24 41. For approximately two years Dr. Quan has continuously inappropriately touched 25 Plaintiff on her shoulders, back and buttock. 26 42. In early 2019 while Plaintiff was working with Dr. Quan in the treadmill testing 27 room, Dr. Quan patted Plaintiff on her left shoulder with his right hand, so hard that itfelt as 28 7 COMPLAINT FOR DAMAGES 1 though he was hitting her. Then Dr. Quan continued to drop his hand to Plaintiff’s lower back 2 and eventually touched her buttock. 3 43. The harassing conduct was both severe and pervasive as Dr. Quan continued his 4 unwanted sexual touches for nearly two years. 5 44. Plaintiff continued to endure such unwanted sexual touches from Dr. Quan for 6 nearly two years before she was placed on leave of absence by her physician on or about 7 September 30, 2021. 8 45. Dr. Quan continuously placed his hands on Plaintiff without her consent causing 9 her to feel offended, humiliated, distressed, degraded, and embarrassed. 10 46. Plaintiff was unable to explain what was going on at work to her husband or her 11 family. Rather, Plaintiff started to get upset with her husband when he walked by her or tried to 12 touch her. 13 47. Plaintiff became extremely irritable and anxious whenever she anticipated 14 working with Dr. Quan on Mondays and Fridays. Plaintiff started sweating profusely whenever 15 she was around Dr. Quan and always carried deodorant with her. 16 48. A reasonable woman in Plaintiff’s circumstances would have considered the work 17 environment to be hostile, intimidating, offensive, oppressive, and abusive. 18 49. Plaintiff considered the work environment to be hostile, intimidating, offensive, 19 oppressive, and abusive. 20 50. Dr. Quan was a Cardiologist at Riverside Medical and as such, acted as a 21 supervisor to Plaintiff who was employed as Cardiac Diagnostic Technician. 22 51. In doing the things herein alleged, Dr. Quan was one of Plaintiff’s supervisors who 23 engaged in the aforementioned inappropriate and unwanted conduct such as touching Plaintiff’s 24 buttock while working in the treadmill testing room together. 25 52. Furthermore, Defendant Riverside Medical knew or should have known of the 26 aforementioned conduct of Dr. Quan and failed to take immediate and appropriate corrective 27 action. 28 /// 8 COMPLAINT FOR DAMAGES 1 53. Plaintiff accordingly informed Christina Padilla, one of her supervisors, that she 2 could no longer endure Dr. Quan’s unwanted advances. Plaintiff also informed Christina Padilla 3 that due to Dr. Quan’s actions, her nerves were in a ball and her body was hurting from the stress 4 and anxiety. Furthermore, Plaintiff told Christina Padilla that she was unable to sleep and often 5 stayed awake with insomnia. 6 54. However, after Christina Padilla relayed Plaintiff’s concerns to Human Resources 7 Vice-President Francisca LeDoux-Hernandez, Plaintiff had a conversation with Human 8 Resources, but nothing ever happened. In fact, Francisca LeDoux-Hernandez suggested to move 9 Plaintiff to the Temescal Valley facility even though Cardiology medical services were only 10 available at the Brockton facility. 11 55. As a result of the aforementioned hostile, intimidating, offensive, oppressive, and 12 abusive work environment Plaintiff because extremely irritable and anxious. 13 56. Dr. Quan’s conduct was a substantial factor in causing Plaintiff’s irritation and 14 anxiety. 15 57. As a direct and proximate result of Dr. Quan’s unlawful conduct, Plaintiff has 16 sustained prolonged pain and suffering, anxiety, embarrassment, humiliation, loss of self-esteem, 17 and extreme and severe mental anguish and emotional distress. Plaintiff is therefore entitled to 18 general and compensatory damages in amounts to be proven at trial. 19 58. Further, because the decision to harass Plaintiff based on her gender was 20 committed by Defendant Riverside Medical, including its officers, directors, and/or managing 21 agents of the company, who acted with malice, oppression or fraud, or were deliberate, willful 22 and acted in conscious disregard of the probability of causing injury to Plaintiff, as defined in 23 Civil Code § 3294, she seeks exemplary and punitive damages against Defendants and each of 24 them, in order to deter them from such conduct in the future. 25 59. Pursuant to California’s Fair Employment and Housing Act (FEHA), Plaintiff will 26 be entitled to the award of reasonable costs and attorney fees if she is the prevailing party in this 27 action. 28 /// 9 COMPLAINT FOR DAMAGES 1 SECOND CAUSE OF ACTION 2 (Violation of Gov. Code, § 12940(k) – Failure to Prevent Discrimination, 3 Harassment and Retaliation) 4 [PLAINTIFF CHAWN THORNTON against DEFENDANT 5 RIVERSIDE MEDICAL CLINIC] 6 60. Plaintiff restates and incorporates by reference each and every allegation contained 7 in all or the preceding paragraphs of this Complaint as though fully set forth herein. 8 61. In violation of Government Code, section 12940 subdivision (k), Defendant 9 Riverside Medical failed to take all reasonable steps to prevent harassment based on Plaintiff’s 10 gender, female. 11 62. Defendant Riverside Medical failed to take all reasonable steps to prevent 12 discrimination, harassment and retaliation. 13 63. Defendant Riverside Medical is and was at all times relevant an employer under 14 Gov. Code § 12940. 15 64. Plaintiff was an employee of Defendant Riverside Medical. Plaintiff started her 16 employment on or about June 4, 2016, and continued her employment as Cardiac Diagnostic 17 Technician. 18 65. Plaintiff was subjected to harassment in the course of her employment. 19 66. For approximately two years Plaintiff has endured unwanted sexual advances from 20 Riverside Medical employee Dr. Quan. Sometime in or around 2019, Plaintiff was working with 21 Dr. Quan when he patted her on the back so hard, she thought that he had hit her causing pain and 22 discomfort. Then Dr. Quan moved his hand down her back until he reached her buttock. 23 67. Nearly every time Plaintiff worked with Dr. Quan on Mondays and Fridays in the 24 treadmill testing room, she became anxious and stressed in anticipation of the touching that was 25 sure to happen. 26 68. Plaintiff first told her co-worker, Mr. Santiago about Dr. Quan’s conduct. At which 27 time, Mr. Santiago would switch places with Plaintiff whenever he could so that she would not 28 be alone with Dr. Quan. When Mr. Santiago was not able to switch places with Plaintiff, he made 10 COMPLAINT FOR DAMAGES 1 sure to walk by the room as much as possible so that he could watch Dr. Quan and protect Plaintiff. 2 However, despite Mr. Santiago’s efforts, Plaintiff was still forced to endure Dr. Quan’s 3 inappropriate conduct in the treadmill testing rooms. 4 69. Defendant Riverside Medical failed to take all reasonable steps to prevent the 5 discrimination, harassment and retaliation perpetrated by Defendant Dr. Quan and Riverside 6 Medical. 7 70. Plaintiff reported to her supervisor Christina Padilla that she could not take it 8 anymore, her body was hurting because she was so tense, her nerves were in a ball, and she could 9 not sleep due to insomnia. Plaintiff is informed and believes that Christina Padilla relayed 10 Plaintiff’s concerns to the Human Resources Department at Riverside Medical, and Plaintiff, 11 Christina Padilla and a representative from Human Resources all sat down to discuss Plaintiff’s 12 concerns. 13 71. Despite Plaintiff’s conversation with Christina Padilla and Human Resources, 14 nothing changed, and Dr. Quan continued to touch Plaintiff when they worked together. Plaintiff 15 did not hear anything from Human Resources after her meeting. Human Resources Vice-President, 16 Francisca LeDoux-Hernandez eventually suggested that all the nurses, including but not limited 17 to Plaintiff, who had been harassed by Dr. Quan be moved to other facilities. 18 72. As a result of Defendant Riverside Medical’s failure to prevent Dr. Quan’s 19 constant and continuous harassment, Plaintiff was harmed. 20 73. Plaintiff felt that Defendant Riverside Medical was not trying to protect the nurses 21 who were being harassed by Dr. Quan, but instead was trying to protect Dr. Quan and the other 22 doctors who were accused of sexual harassment. 23 74. On January 24, 2022, Plaintiff was the only cardiac technician who was relocated 24 from the cardiology department, into a smaller office. Although, Plaintiff was informed that all 25 of the cardiac technicians would be relocated, Plaintiff was the only one in the new office until 26 January 28, 2022, when all other cardiac technicians joined her. Plaintiff is informed and believes 27 that she was intentionally isolated between January 24, 2022, and January 28, 2022, in retaliation 28 for filing making protected complaints against Dr. Quan. 11 COMPLAINT FOR DAMAGES 1 75. Defendant’s failure to take all reasonable steps to prevent harassment was a 2 substantial factor in causing Plaintiff’s harm. In fact, Defendant removed Plaintiff from the 3 cardiology department into a smaller office. Additionally, Plaintiff is informed and believes that 4 Dr. Quan is still employed by Riverside Medical. Plaintiff fears seeing Dr. Quan at work and is 5 afraid that he may jeopardize her employment. 6 76. As a direct and proximate result of Dr. Quan’s unlawful conduct, Plaintiff has 7 sustained prolonged pain and suffering, anxiety, embarrassment, humiliation, loss of self-esteem, 8 and extreme and severe mental anguish and emotional distress. Plaintiff is therefore entitled to 9 general and compensatory damages in amounts to be proven at trial. 10 77. Further, because the decision to harass Plaintiff based on her gender was 11 committed by Defendant Riverside Medical, including its officers, directors, and/or managing 12 agents of the company, who acted with malice, oppression or fraud, or were deliberate, willful 13 and acted in conscious disregard of the probability of causing injury to Plaintiff, as defined in 14 Civil Code § 3294, she seeks exemplary and punitive damages against Defendants and each of 15 them, in order to deter them from such conduct in the future. 16 78. Pursuant to California’s Fair Employment and Housing Act (FEHA), Plaintiff will 17 be entitled to the award of reasonable costs and attorney fees if she is the prevailing party in this 18 action. 19 THIRD CAUSE OF ACTION 20 (Battery) 21 [PLAINTIFF CHAWN THORNTON against DEFENDANTS JOSEPH QUAN and 22 RIVERSIDE MEDICAL CLINIC] 23 79. Plaintiff restates and incorporates by reference each and every allegation contained 24 in all of the preceding paragraphs of this Complaint as though fully set forth herein. 25 80. Plaintiff was harmed by Dr. Quan, and Riverside Medical is responsible for the 26 harm because Dr. Quan was acting as its agent and/or employee when the incidents of unwanted 27 touching in the treadmill testing room occurred. 28 12 COMPLAINT FOR DAMAGES 1 81. Dr. Quan was Defendant Riverside Medical’s agent and/or employee. Dr. Quan is 2 employed as a Cardiologist at Riverside Medical. 3 82. Dr. Quan was acting within the scope of his agency and/or employment when he 4 continuously subjected Plaintiff to unwanted touching while they worked together in the treadmill 5 testing room on Mondays and Fridays, at Riverside Medical. 6 83. On numerous occasions starting in or around 2019, Dr. Quan started placing his 7 hands on Plaintiff’s shoulders, back and buttock when they worked together in the treadmill 8 testing room. 9 84. Dr. Quan patted Plaintiff’s should so hard that she thought that he was hitting her, 10 then he moved his hand down to her lower back and buttock while Plaintiff was monitoring the 11 patients. 12 85. This touching was unwanted and offensive. 13 86. Plaintiff did not consent to Dr. Quan’s inappropriate touching at any time. 14 87. Dr. Quan’s actions harmed Plaintiff. At first, Plaintiff was in extreme shock and 15 did not believe that Dr. Quan would intentionally do such a thing. However, as it continued to 16 happen, Plaintiff became uncomfortable, stressed, and anxious on Mondays and Fridays when 17 she anticipated working with Dr. Quan again. 18 88. A reasonable person would be offended by Dr. Quan’s unwanted touching. 19 89. As a result of Dr. Quan’s unwanted touching, Plaintiff became extremely irritable 20 and anxious. 21 90. As a direct and proximate result of Dr. Quan’s unlawful conduct, Plaintiff 22 sustained prolonged pain and suffering, anxiety, embarrassment, humiliation, loss of self-esteem, 23 and extreme and severe mental anguish and emotional distress. Plaintiff is therefore entitled to 24 general and compensatory damages in amounts to be proven at trial. 25 /// 26 /// 27 /// 28 /// 13 COMPLAINT FOR DAMAGES 1 FOURTH CAUSE OF ACTION 2 (Violation of Labor Code section 226 – Failure to Timely Provide a Personnel File) 3 [PLAINTIFF against DEFENDANT RIVERSIDE MEDICAL CLINIC] 4 91. Plaintiff restates and incorporates by reference each and every allegation contained 5 in all of the preceding paragraphs of this Complaint as though fully set forth herein. 6 92. Labor Code § 226(c) requires an employer to provide a copy of an employee’s 7 personnel file within twenty-one days of an employee’s request for the file. 8 93. Labor Code § 226(f) makes an employer liable for a civil penalty of $750 plus 9 attorney’s fees and costs, when an employer refuses or fails to send an employee their personnel 10 file within 21 days of a request. 11 94. On October 12, 2021, Plaintiff requested her full and complete personnel file and 12 as of the date of this Complaint, Defendant Riverside Medical has failed to provide Plaintiff with 13 the file. 14 95. Plaintiff sent the following language to Defendant via facsimile “I would like to 15 request that a copy of my complete employee personnel file (including performance reviews) and 16 my payroll records.” Plaintiff requested the aforementioned documents and file be sent to her 17 home address or in the alternative to her email address which was provided in the facsimile. 18 Plaintiff requested that the requested documents be sent within thirty days, but as of the date of 19 this complaint, Plaintiff has not received anything from Riverside Medical regarding her 20 personnel file. 21 96. Pursuant to Labor Code §§ 226 (c) and (f) Defendant Riverside Medical owes 22 Plaintiff $750 plus attorney’s fees and costs for failing to provide her personnel file upon request. 23 FIFTH CAUSE OF ACTION 24 (Violation of Gov. Code section 12940 (a) – Gender Discrimination) 25 [PLAINTIFF against DEFENDANT RIVERSIDE MEDICAL CLINIC] 26 97. Plaintiff restates and incorporates by reference each and every allegation contained 27 in the previous paragraphs as though fully set forth herein. 28 14 COMPLAINT FOR DAMAGES 1 98. In violation of Government Code section 12940, subdivision (a), Defendant 2 Riverside Medical wrongfully discriminated against Plaintiff because of her gender. 3 99. Defendant Riverside Medical was an employer under Government Code § 12940. 4 100. Plaintiff is and was at all times relevant an employee of Defendant Riverside 5 Medical. 6 101. Defendant Riverside Medical subjected Plaintiff to the aforementioned adverse 7 employment actions, including but not limited to forcing her to endure continuous and ongoing 8 sexual harassment perpetrated by Dr. Quan. 9 102. Dr. Quan’s actions and pattern of conduct, taken as a whole, materially, and 10 adversely affected the terms, conditions, and privileges of Plaintiff’s employment. Dr. Quan’s 11 actions as well as the actions of Defendant Riverside Medical’s conduct, included conduct that is 12 and was reasonably likely to impair a reasonable employee’s job performance. 13 103. Defendants and each of their actions or conduct aforementioned were substantial, 14 continuous and ongoing, and as such was reasonably likely to do more than just anger or upset 15 Plaintiff, constituting an adverse employment action. 16 104. Starting approximately two years ago, Dr. Quan started patting Plaintiff so hard 17 on her shoulder that she felt as though she was being hit causing pain and discomfort. Then Dr. 18 Quan would drag his hand down Plaintiff’s back to her buttock, making Plaintiff extremely 19 uncomfortable. 20 105. Dr. Quan continued to touch Plaintiff’s shoulders, back and buttock without her 21 consent whenever they worked together in the treadmill testing room on Mondays and Fridays. 22 106. Plaintiff’s gender was a substantial motivating reason for Dr. Quan’s conduct. 23 Plaintiff is informed and believes that she was not the only female nurse that was subjected to Dr. 24 Quan’s sexual harassment including but not limited to touching other employees on their lower 25 backs and buttock. 26 107. As a result, Plaintiff was harmed by Dr. Quan’s actions. 27 108. Dr. Quan’s conduct was a substantial factor in causing Plaintiff’s harm. 28 15 COMPLAINT FOR DAMAGES 1 109. As a direct and proximate result of Dr. Quan’s unlawful conduct, Plaintiff has 2 sustained prolonged pain and suffering, anxiety, embarrassment, humiliation, loss of sel