zuua 121: so 415421.BE88 THORNTON TAYLQR PAK 02/05 .- 1* ifi? 1 STEPHEN F. HENRY, SBN 142336 2625 Alcatraz Avenue, No. 615 IL 2 Berkeley, CA 94705 Telephone: (510) 898-1883 . 3 Facsimile: (510) 295-2516 - DEC 1 2005 4 l1enry1aw@comcast.net c?mm6ATTORNEY FOR PLAINTIFF I I 7 8 INTHE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF I 10 CONTRACOSTA (:05-02537 Ig 11 SHAHIMA SHAHEEM, an individual, 5 Case Nc-: - LL 12 Plaintiff} . COMPIAINTFOR DAMD4 GES . FINANCIAL CORP, a 15 Delaware corporation, andDocs 1 through 10, gii? van Ruua mus 16 . CASE IS AS I0 - I-, DEPT 18 - 19 Plan tiff Shahima Shahecm alleges i. 20 1. Plaintiff was at all times mentioned in this complaint a resident of Contra Costa QR 21 County, California. 22 2. Defendant, Countywide Financial Corp, is, and at all times 23 mentioned in this complaint was, a corporation organized and existing under the laws of the 24 State of Delaware, and doing business in Contra Costa County, California. . 25 3. Plaintiff docs not know the true names of defendants DOES 1 through 10, 26 inclusive, and therefore sues them by thosc fictitious names. 27 4. Unless otherwise alleged in this complaint, plaintiff is informed and belicvw. 28 and on the basis of that information and belief alleges, that at all times mentioned in this - 1 COMPLAHVT 12/ -1o: so PAGE as! as complaint,-individual defendants the agents and employees of their corporate eodefcndant, 2 and in doing the things alleged in this complaint, were acting within the course and scope of that 3 agency and employment 4 5.. This action is filed in this court because the wronglirl conduct complained of 5 herein occurred within the County of Contra Costa, Stme of California. This is the proper 6 judicial district because the acts herein alleged occurred within this jurisdictional district. 7 FIRST CAUSE OF ACTION 8 Wrongful Termination in Violation of Public Policy 9 (Against 10 6. Plaintii hereby reallegcs and incorporates by reference, as though set in 11 tirll, the allegations contained in paragraphs through 5. This cause of action is pled against 12 defendant and Does l-10, inclusive. Lg 13 7. There is a strong public policy favoring compliance with state and federal 14 lending laws. See Financial Code 4970 et seq., 24 CFR 203.37 and 203.25bb, 15 12 USC I 2601 et seq, and 24 CFR 3500.I et seq. Retaliation and constructive termination of 16 an employee for voicing concerns about violations of these public policies is a violation of 17 public policy. 18 8. Plaintiff was subjected to severe harassing treatment, iniliction of emotional 19 distress, and constructive termination as a result of her complaints about unethical and 20 fraudulent underwriting practices in violation of state and federal lending laws and regulations. 21 reports of Eaud and retaliation included an e--mail directly to the Chief Executive 22 Oflieer of defendant to which plaintiff received no response. 23 9. Plaintiff was treated in a hostile manner- by Countr-ywide's executives and 24 Human Resource personnel because of her complaints about unethical and Baudulent 25 practices in violation of state and federal lending laws and regulations. The hostile 26 treatment was severe and constituted intolerable working conditions that either 27 intentionally created or knowingly permitted. Under the circumstances of her employment at 28 the time that plaintiff len, a reasonable employe; in her position would have felt compelled to 11142111811.1i1-1211120115 fl0i11All 12/ 81} 2885 18: 38 PAGE 77 1 resign. Such treatment and constructive termination constitutes harassment and wrongful 2 discharge in violation of public policy. 3 10. ln addition, the adverse actions towards Plaintiff violate policy i 4 against retaliation for reporting hand and illegal activity. Plaintiff has been penalized for 5 actively reporting noncompliance with Federal and state laws and regulations to 6 11. As a direct, tbreseeable, and proximate result of defendant employer's wrongful - 7 termination of plaintiff in violation ofthe public policy of the State of California. plaintiff has 8 lost and will continue to lose income and benefits, and has suffered and continues to suffer 9 humiliation, embarrassment, mental and otional distress, and discomfort, all to plaintiffs 10 damage in an amount in excess of $500,000, the precise amount of which will be proven at trial. 11 12. Because the acts taken toward plaintiff were carried out by managerial 12 employees acting in a deliberate, cold, callous, malicious, oppressive, and intentional manner in 5: 5 13 order to iniure and damage plaintiff, plaintiff requests the assessment of punitive damages 14 of EF is gg is saconn cause or Action 17 UNFAIR BUSINESS PRACTICES 18 (Against 19 13. PlaintiH' realleges and incorporates by reference Paragraphs 1 through 12 20 inclusive, as though set forth in full herein. . 21 14. Section 17200 ofthe California Business and Professions Code prohibits any 22 unlawful, unfair or fraudulent business act or practice. 23 15. Defendants have engaged- in, and continue to engage in the following unlawful. 24 unfair and fraudulent business practices in violation of Section 17200 of the California Business 25 and Professions Code: 26 Engaged in unethical and fraudulent underwriting practices in violation of state and 27 federal lending laws and regulations. - 28 3 10421080.lif-12llI2005 30:11 All 12/ 01x2005 10: 00 I PAGE Retaliated against, demoted, and constructively terminated plaintiff and others for 2 complaining about unethical and naudulent underwriting practices in violation of state and 3 federal lending laws and regulations. 4 16. - These challenged policies and practices have banned the named plaintiff and 5 the general public. 6 17. Plaintiff is thus entitled to an order requiring Defendants to disgorge the ill-- 7 gotten gains obtained by engaging in these unlawtirl business practices and to provide 8 to all persons who have suffered damag or injmy as a result of these unlawlitl business 9 practices, during the applicable limitations period. 10 18. Plaintiffis entitled to an award of reasonable attorneys fees pursuant to 11 California Code of Civil Procedure Section 1021.5. I 2 12 PRAYER FOR RELIEF it 13 WHEREFORE, Plaintiff prays for judgment against defendants, and each of them, as follows: 14 1. For compensatory damages according to proof at time of trial; EL Lg 15 2. For general damages uceordingto proof at time of trial; ii gm 16 3. For exemplary and punitive damages; 17 4. For prejudgment interest on all amounts claimed; 18 5. Reasonable attorneys fees and costs of this action; 19 6. Plaintin also is entitled to on order requiring Defendant to disgorge the ill-gotten gains 20 obtained by engaging in these unlawtitl business practices and to provide restitution to all 21 persons who have suffered damages or injury as a result of these Ulliiwflli business practices, 22 during the applicable limitations periodFor any other and further the court considers proper. 24 JURY TRIAL DEMANDED 25 Plaintiff demands trial of all issues by jury. - - 26 DATED: November 30, 2005 /70 ASN gah? 27 28 Attorney Plaintiff 1llAll