AEDDS Dan Simmer, Esq. #113195?) Cindy P?num, Esq. (5.13. #256921) Brian Ding)?, Esq. #293039] 15: REHICK LLP 123 H. Fair Oaks Avenue Pasadena. Calif?mia 911433 'I'Elcphune: Facsimile: [526} Alan Esq. Bar. #12431600] [In?ti?n tn appeal-pm hm: vice Kerry Schunwaid, Esq. Ear. #2405139? {mutiun 1:3 appcarpm Fran: vice furthc?ming} FLEGLE LLP Merit Dr. Suite 900 TSESI TEIep-hnne: Facsimile: Att?meys fur Plaintiffs STEVE SMISIAH and BARK ENTERPRISES, INC. SUPERIDR DF THE STATE 0F CALIFDHNIA FDR THE 0F LDS ANGELES STEVE SARKISIAN and SARI: ENTERPRISES. INC, Plaintiffs. v. UNIVERSITY DF SDUTHERN and DUES l-l?l Caitlin; FDR 2. ~49 . Discri . Vialatinn nfCun?dentiality Inf lg cal Q0039 ORIGINAL 3 in ,nunhr E5 DEC ?015 mm r' PEPPER 50503337 Breach Inf Written Cuntm? [Head C1}th Contract) Breach uf Implied nf ?end Faith and Fair Ming [Head Enact: Failun: to Engage: in the lntm'antiv? Pruness(Ca1. Gnv?t. Clad: .52 Failum to Accommodate Coda-warmth LEE. Discrin?natiun mgg??mnn . . (Cal. Guv?t. Cuda? 1 :1 Kataliatiun (Cal. Gt?r?L Cad: gym) ad I, Retaliation (Cal. Guv?t. Cad: :2 and): Informatiun Act {Ca1+ Civ. Codg??S? a: seq.) 1* I 939% mg 8233 a guild lnvaaian ?f Pfi?r'??jl' Canal. art. I, 1) ID. Negligent Diselname l. Terrainatian in Vinlatian {If Public Paulina}.r {Cal Labor Cede 1 12. Breach of Written (Marketin Agreement} 13. Breach af the Implied Cavenant nf Gaad Faith and Fair Dealing Marketing Agreement} 14+ Negligent Superviaian, Hiring, Training, and Retentian JURY TRIAL DEMAHHED i relying en a leng term eemmitment frern USE, a eernmitrnent USE new refuses te hennr. Steven Sarlrisian left a successful head eeaehing jeh at the University at" Washingten instead ef its Head Eeaeh, Steve Sarkisian, when he needed its help the must, USE ltieked him tn the eurh. Instead nfhenering the eentraet it made with Steve Sarltisian, USE kicked him tn the eurh. Instead ef Steve Sarlrisian?s disability, USE Riel-zed him tn the eurh. By mid?Deteher 2015, Steve Sarkisian, the highly head eeaeh ef the USE Feethall team, came tn grips with the faet that he suffered from aleehelism, a disability reengniaed by medical experts as well as by Ealifnmia law. inspired by the enurage ef ether high prefile individuals with aleehelism had recently seught treatment, ineluding New h'erlc Yankee E.E. Sahathia, Steve Saritisian realized he needed prefessinnal help and time nil" te get that help. Eln Dete'eet ll1 2015, ML Sarkisian pleaded with his bass Pat Haden, the athletie direeter, te give him time eil?te get the help he needed. Rather than express any eeneem er willingness te this request [rem a man whnse history with USE gees bank 23 years tn his days as a student-athlete. Haden?s immediate respense waste deri sively repeat the phrase ?Unbelievable.? thereafter, Haden called back and planed Mr. Sarltisian an inde?nite leave Less than 24 heurs laterl while Mr. Sarltisian was en a plane travelling te get the help he needed Haden nntifiecl lvlr. Sarltisian by email that he had been ?red. Under the eireumstanees nf' this case Ealifemia law required USE te make the reaseuahle ef giving Steve Sarln'sian time eff te get help fer his disability and then retum te hisjeh. Instead, USE ignered heth its ehligatiens under Ealifernia law and the enmminnents it made te Steve Serkisian. Altheugh Steve Sarlti and ready tn return te eeaehing, leved. USE else has refused tn pay Mt. Saritisiau all atinn ef eentraetual eerrnnitments I Sim has n?w mmplet?d an intensive pregram. is seher USE has taken away his team, his ineeme, and ajeh that he the menies he is ewed fer the remainder ef and Califemia?s anti- his eentraeL all in viel enter-Latin D??ummanH seemsmm~bdeassasnn:? discn? mination laws. Mr. Sari-:isian brings this action to redress these v-rongs. PARTIES 1. Plaintiff Steve Sarltisian is, and at all times herein relevant was, an individual residing in the County of Los Angeles, State of Califomia. 2. Plaintiff Bark Enterprises, Inc. (?Saris Enterprises") is, and at all times hareirt' relevant was, a California corporation headquartered in California with its principal place of business in California. 3. Defendant tlte University of Southern California is, and at all times herein relevant was, a corp-oration headquartered in California with its principal place of business in lCalifornia at 355] Trousdale Parkway, ADM 352, Los Angeles, California 9(1039-5013 and a covered employer under the Fair Employment Housing Act Cal. Gov. Code 11940 at sea. 4. The true names of Defendant Does 1 through It], inclusive, are presently unknown to Plaintiffs, who therefore sue these defendants by such ?ctitious names and capacities. Plaintiffs will amend this complaint to allege their true identities when ascertained. Plaintiffs are informed, believe, and on that basis allege, that each ?ctitiously named defendant is responsible in some way for the acts and failures to act herein alleged, and that Plaintiffs? injuries as herein alleged were legally caused by the conduct of each such defendant. 5. Plaintiffs are informed, believe, and thereupon allege that, at all times material herein, each of the Defendants was the agent or empleyee of, aner working in concert with, cc-Defendants and was acting within the scope of such agency, employment, andicr concerted activity. Plaintiffs allege that to the extent that certain acts and emissions were perpetrated by certain Defendants, the remaining Defendant or Defendants confirmed and rati?ed said acts and omissions. ti. Whenever and wherever reference is made in this Complaint to any act or failure to act by a Defendant or Defendants, such allegations and references shall also be deemed to mean the acts and failures of each Defendant acting individually, jointly and severally. Hf COMPLAINT AND EKHAUSTIDH BF ADMINISTRATIVE REMEDIES 2 T- "1 L05 M33135 Emmi? i5 Draper as it is the county in which the [we 3 at issue in this matter were negatiated, where they were tc be per-farmed, where Lit-it: 4 . breached the centracts, where liability far all cf Plaintiffs? claims arcsc, and where USE has its I 5 principal place cf business. 5 3. Cm er abcut December 4, EDIE, Steve Sarkisian ?led a charge cf discriminaticn and retaliaticn with the DFEH. 3 9. Uri er abcut December 4, EDIE, the DFEII issued Steve Sarlrisian a Right ta Sue Letter. ?3 Accerdingly, Steve Sari-:isian has exhausted all administrative remedies under? 1 the Fair Empicyment and chsing Act necessary tc bring this actien. I 13 STEVE ATHLETIC CAREER 13 1. Steve Serkisian was barn and raised in Terrance. Califernia. the 14 children. I 15 t2. Mr. Sarkisian was a talented athlete, and had a high career in bath I baseball and feetball. He began his cellege career at USC playing baseball. was Steve Sarkisiart?s true lave. Alter cne semester at USC, Mr. Sarhisian transferred ta El - Caminc .lunicr Cellege, which pravidcd him an tc play tvtr. Sarhisian was . sc successful at El Carninc that he began te receive cffers Divisicn schema tc playl factball. Cine cf these c??ers was Brigham ?r?cung University. Mr. Sarkisian decided an Em and transferred there for his junior year tc play During his first year at BTU, Mr. Sarlrisian started at quarterback and set a then NCAA reccrd fer cempletien percentage in cnc' game (91.2), a rec-arr! that stand far anather ten years. 13. During his senicr year at Steve Sarkisian became engaged tc his girlfriend, he later married in 199?. His senicr year. Steve Sarldsian led the entire NCAA with a l'l3.e passer rating. 14. evements, he was named Western Athletic Ccnt?erence player In reccgnitien at his achi cf the year. awarded the Sammy Braugh as the natien?s tap passer. and featured an the 3 i cover of Guide. Steve Saritisian?s career 15.? passing ef?ciency rating is fifteenth all-time on the NCAA list. A?er graduating from BTU. hit- Sarisisian played professional football for three seasons in the Canadian Football League from 199? ?trctugh STEVE SARKISIAH BEGINS HIS CDAQHIHG Although a talented athlete, Steve true gift lies in coaching. Mr. IS. Sarltisian's coaching career followed a rapid ascent through the which time he coached multiple Heisman Trophy winners. ln Mr. Saritisian returned to El ranks of college football. during Carnino College to begin his coaching career. serving as quarterback coach. His success at El I Camino once again received attention, this tirne ?oor the coaching ranks. In USE asked Mr. Sarltisian to return to USC. this time as a graduate oii?ensive assistant coach. Mr. Sarhisian spent the next three years coaching at USC. helping lead the University to a cumulative 19-9 In EUIH, l'vir. Saritisian then moved to the professional ranks as a record over that period. quarterback coach for the Dakland Raiders. That year the team ranked eighth out of thirty-two I NFL teams in passing yardage, a dramatic improvement over a ranking of Monty-seventh the prior year. In 2005, Steve Sat-kisian again Was asked to return to USC. now as the quarterback coach and an assistant Head Coach under Head Coach Pete Carroll, which he agreed to do. In 200?, Mr. Sarltisian was promoted to offensive coordinator and assistant Head Coach, and helped lead USC in a record of 1 1-2 that year. Mr. Sarldsian?s success at USC then attracted the attention of the UniversityI of Washington. In December Mr. Sarltisian was hired as the head Football coach for the University;I of Washington. a position he held until he voluntarily 2t 22 resigned to become the Head Coach at USC in December 2013. During his ?rst year coaching at 23 Washington, Mr. Sarkisian spearheaded the team to a dramatic turnaround, leading the Huskies 24 from the depths of a winless season the prior year to bot-vi games during each of the neat four 25 years. 26 SARKISMN HI AS HEAD COACH (F St 2? In December 2013. Steve Sarltisian was approached by Pat Haden the 23 current athletic director at USC, to be the Head Coach of the University?s football program. USU I Eden-List 1 I - I and Mr. entered into a written Head Coach contract (?Head Coach Contract?) malt' . mg 2 I Mr. Sarhisian head football coach for the next ?ve seasons. USC and Steve Sarltisian each thereby made a long~tenn commitment to the other- 13. Also in December 1513, USC and Steve Sarhisiarr?as a representative of a company he owned, Sari: Enterprises. Inc.~executed a separate Marketing Agreement for a term I. to run concurrent with the Head Coach Contract. Under the Marketing Agreement, USE agreed to pay a ,{ltlti??li annual fee to Sari: Enterprises, Inc. in consideration for Marketing Services performed by Steve Sarkisian. STEVE FIRST SEAEUH Fi? HEAD CDAEH AT USE 19. in 2(114, during his ?rst season as head coach at USC, Steve Saritisian led the team to a 9-4 record and a victorious trip to a bowl garne. in addition to success on the ?eld, Haden emphasised to Mr. Sarlcisian during his interview in 1013 that academic performance was also an important component of the job since a college coach is also an educator. in his ?rst season as Head Coach, Steve Sarkisian also led the team to academic success. Under Mr. Sarltisian?s leadership, in the fall of 2914 the USE football team achieved the highest team EPA in the football program?s history. That record was then topped in the spring of EMS, when the team I achieved a team GPA that was the highest in any semester of the program?s history. Steve Sarkisian also implemented a monitoring system that resulted in class and tutorial attendance above 99%. S'I?E?irl SARKISLAN RED FROM MEDICAL 20. At all relevant times, Stave Sarkisian has been a person with a disability under the Fair Employment and Housing Act Government Code Section 129cc, et seq.. in that Mr. Satirisian has su?'ered from alcoholism and this disability limited one or more major life activities. 21. Experts wider agree that chronic alcoholism is a disease, not a choice. As far back as 1956, the American Medical Association declared that alcoholism was an illness. As with many illnesses, alcoholism can control its victims. As with any illness, it needs to he discovered and diagnosed. And as with many illnesses, with proper treatment it can he comm successfully centre-lied- Califcrnia law espresst reccgnizcs as a disability. 22- Steve Sari-tisisn is net alerts in suffering this disability. Accerding tn the - recent data reperted by the National Institute en Aleehel Abuse and 166 millicn adults suffered from an in 2013- 1 I SEESS stress unseen THE mi 5 senses 23. Steve Sarhisian experienced meunting stress ever the cf the 2015 fectball . seasen. Te begin with. despite its glamuur, searching a ccllege fastball team is tremendduslg.r stressful jab under even the best ef circumstances. This is particularly the for a I preminent feetball pregram in the natien?s seeped largest media marlcet. During the eff-seasen, I Mr. Sarltisien wnrked hill?time recnriting high scheel athletes areund the ccuntr].r tc attend USC and join its pregtam. This werlt required Mr. Sarhisian to spend fcur tc fwe days cf each 12 week an the read, separating him his family. The few days he spent each week in Lusl 13 Angeles were consumed with hesiing students in ten-m Mr. was recruiting in jcin 14 i the USE fe-cthall 15 I 24. The fall and winter season was even mere demanding. An average IIS '3 werltweelt ensiler exceeded 100 item's. El'n many days. Steve Sarltisian arrived at week he later i l? than 6:00 AM. and did not when heme until after midnight. There were mansr nights when Mr. IE Esrkisian slept in his office. Even Mr. Sarltisian's few mements at heme were spent ?unreell."i 19' Mr. Saritisian made himself available net only to his llil players at all heurs but alsn tn recruits. 2111 I. Same ef his players weuld call him during the dead cf night seeking help with athletic or even: 21 purer personal crises. Mr. Sarltisian had responsibility fer the athletic perfennanee. academic perfennance. and titrel'all welfare fer each {if his players. and managed ??jl staff. i He spent each the}r under the n?erescepc cf a engaged altmmi nets-tar}: and press. 25. sieve Saritisien embraced this workload and stress because he a cats: 3 with the jeh that he Instead and at WhiCh he escelled. Hnwever, in Steve Serkisian?s wife of 17 years made the dceisien tc seek a distance. The accumulated stress cf his job and crumbling famin life greatly,F aggravated Mr. Serltisian?s anxiety. led tn depressiun. and furthered his aleehul dependency. ?i Ju-I?u?I-q- Notwithstanding these personal issues, Steve continued to perform at a . high level as the Head Coach for USC in EDIE. In the spring of Steve Sarkisisn assembled a recruiting class ranked number one in the nation by Scout.com. SALUTE TD INCIDENT VII-lama; 23. Every year in August, shortly before the start of the football season. USE holds a pep rally called Salute to Troy. The event is attended by coaches, team members, team dancers, band members, administration members, family members, fans, and donors. it is always a loud and raucous event. USE serves free alcohol for all adults. Traditionally, head coaches and MEI-wanes assistant coaches speak to fire up the team and the fans. is 12 I 13 I 29. The E?i? Salute to Troy event was held on Saturday, August 21, EDIE. This was the ninth Salute to Troy that Steve Sarltisian had attended and participated in. Earlier that day, Steve Marl: Jackson then Assistant Athletic Director), and Clay Helton (?Henna?) {the then offensive coordinator) were in Helton?s of?ce to celebrate Jackson?s new job 14 . as Villanova*s Athletic Director. Each coach was given two beers. and Steve Sarltisian drank his 15 IE 17 two. Also that afternoon. lvlr. Saritisian felt anxious and took two different medications that had been prescribed to him for anxiety. lvlr. Sarkisian also tool: a few sips of one light beer that was on the table where he was sitting. As he rose to speak. Mr. Sarkisian did not realise that the 13 combined effect of the two beers he had consumed hours before and the prescription medications 19 2D for anxiety would interact to cause him to slur his words and appear inehriated, but in fact, they did. Mr. spoke to the crowd. His words were slurred and at one point, caught up in the . moment. he repeated the uncensored version of a popular phrase at USC. which includes a single 21 22 . espletive. The use of that capletive had been repeated by many coaches. including Steve Sarkisian, at prior Salute to Troy pep rallies without criticism. 3t]. Following Steve Sarltisian?s remarks to the crowd, Haden told him he could not go ge. Haden then met privately with Mr. Sarkisian and threatened that he could ?re him 11 would have breached the Head Coach Contract. hack on sta on the spot1 even though such an actio 31. Then. within days of the event, Haden demanded that Steve Sarldsian sign a letter requiring. among other things, that he apologize to the team and the media {which only made the 7 . Eli i irtetdeet higher prefile} and attend wealth.r ceunseliag sessiens with at therapist The letter tr 4 almh?l dcpendenc 1r 5 IS E5 5C 5 and Haderi heewledge at" Steve Sarhisian's as earls as August as, sets. use was she aware. that he. 5 Used an Utter service fer tides in the evening haeause Mr. Sarhisiart seught and '5 i received reimbursement frem USU far these charges. 7' - 3 32. Between the Salute te Trey,r event in August EDIE and mid-Deteher 21315, again, 9 netwithstanding the prefessiena] and persena] pressures he faced. Steve Sarltisian perfenrted all 1'3 his jeh duties and perfermed them well, leading the team te a 3-1 Dee ef these wins was 1 a 42-14 victergtr against Arizena Slate Sea-n Frye, writing fer the Bieecher 12 Reperr whe issues grades after every USE game, graded Steve Sarltisian an fer his werlt l3 eeaehing the Trejans ta that victerjv against A513 in September This is the sarne game 14 where it was later asserted that Mr. Sarkisian was inebriated during the game -- an allegatien that 15 is categerieallsr false. 1'5 33. During this time peried. USE chisel}.r meniterecl Steve Sarlcisian*s perfermance l? and never ence cemplained er raised cenecms with Mr. Sarhisian aheut his perferrnance. There 13 . were ne incidents where alcehe] a?eeted Mr. Sarkisiart?s perfermanee at" his jeh duties. ner did 19 Haden raise art}r cancerns with Mr. Sarkisian. 2'9 2! 34. {In Dcteher E, USE last a 'l'hursdajtr night game he Washingten, a leag?time 22 n?eal and Steve Sarkisian?s farmer team. This was a game that USE was favered te win by 17 23 paints. Evervene, including Hadcn, the trustees. and Steve Sarhisian was devastated. 24 35_ In fact, Haden teelt all lessee hard. Haden was the athletic directer and had te 25 I answ?r the. of the University; whe were censtantiv pressuring Haden te achieve wins. 26 Days estate the Washington same Hades Expressed that its ?'55 ?11d? Pm?: 53m? 27 trustees ?re 5mm Sarkisian gv?? theugh he had led the learn te a 3-1 recerd. because the team as had aat ta the deminating level that was assented- cehrs?eam'r i Magazine reported that athletie pregram had an estimated value ef ever STD in EDIE, the Les Angeles Daily News 7 pewerful persm ameng ewners, executives. athletes agents and institutiens in the sperts seene." . but net limited te, Chavren, JetBlue, Sarltisian te be ?red. pertrayed USC, and teelt te - frem an aieehei diserder that he eeuld net eentrel. I began te ?nally came in grips with the feet that he had a prebiem with aleehei, needed serinus help, and needed it new. Steve Sarkisian was alse inspired by the eeurage ef CH3. Sahathia, the playeffs began, that he needed help fer his aleehelism and was geing inte rehab. 3e. Winning is net just a traditien at USC, it is big business. In 2013, Fnrhes listed Haden, athletie direeter, as the 14th mest ?Les Angeles athletics website ean-ies advertisements by eerperate spensers ineluding, State Farm, Bane ef Califemia, Etf?ee Depet, Pewerade, Muscle Milk, United Healtheare, {Idea Cele, and ATSLT- After the less te Washingten, members ef the media began nailing fer Steve It was well-knewn that Haden paid elese attentien te hew the media heart any negative publieity aheut the USE feethall pregram in partieular. 33. wersened and his eensumptien ef aleehel when he was net werking inereased. Mr. Sarltisian Fellewing the less te Washington, Steve Sarkisian?s depressien and anxiety began te thin}: ever the next several days abeut his persenal situatien. Fer same time, like many whe suffer frem aleehelism, Mr. Sarkisian had net censeieusly admitted te himself he suffered That weekend, Mwever, Steve Saritisian Yardrees' star piteher, whe publier earlier that week, and the day befere the baseball 39. Steve Sarkisian was seheduled tn lead a team meeting en Stmday meming, Deteher 11, 2015, and a team practise that a?erneen. He arrived en time fer the team meeting and eendueted the meeting, but did net feel right after drinking the night hefere, net sleeping [a ehrenie preblem Steve Sarltisian had had fer ever years], and suffering frem the anxiety and depressien new spiraling nut ef eentrel in his mind. Mr. Sarkisian was net inehriated at the team meeting. He had been drinking the night befere and had taken medieatien shertly befere the team meeting that meming prescribed fer him by deeter. The eetnhinatien ef these events led I Mr. Sarltisian te net appear to he nerrnal at the team meeting. Steve Sarltisian knew sentething? 9 was very ?Tang, i this reasen, he asked his assistant eeaeh, Helten, te run the praetiee and asked his assistant. Jared . Blank. te take him heme. While there were media reperts that USE I his evm deeisien te leave and left ef his ewn tweertl1 driven heme by had never missed a single praetiee during his entire l5 year eeaehing career. Hewever, en that day, Steve Sarkisian had ?nally decided that he needed seme time away frern sperts te seek the prefessienal help he an badly needed new. whe had teld him that if his treatment plan was net werking, he sheuld ehange it. The ?treatment plan? mandated by USE, such as it was, had net been werking and Mr. Sarkisian realised it and that he was net well eneugh te eenduet the team praetiee that afterneen. Fer effieials asked Mr. Sarkisian leave and that he had te be eseetted effthe USE premises. the truth is that Mr. Sarkisian made his assistant. Mr. Sarkisian 46. Steve Sarkisian was required after the Salute te Trey te see at USC needed te he ehanged. 41. Steve Sarkisian's brether Andrew and his sister Eileen met lvlr. Sarkisian and their father at lvlr. Sarkisian's heme fellewing the team meeting. Ether family members were alse present. Steve Sarkisian was upset, teary, and nearly hyperventilating. Haden ealted lvlr. Sarkisian?s assistant. Jared Blank1 en the telephene and demanded te speak te Mr. Sarkisian, threatening te fire them beth if Mr. Sarkisian did net get en the telephene right away. Steve Sarltisian. surrettnded by his funily. called Haden back and mid him en a speaker ?l?m net right, I need time eff te get well." Rather than engage Mr. Sarkisian in an interaetive te I determine hew much time eff he required and whether sueh leave eeuld reasenahly he er even express any eeneem abeut his ailing empleyee, Haden derisively yelled. ?Unbelievable! Can?t yet: even ge haek tn the ether: te finish the day?? Steve Sarkisian replied ?Ha, I need te get help. I?m net right." Haden then asked te speak with Mr. Sarkisian?s sister, whe teld Haden that Mr. Sarkisian was net at all well and that the family was very eeneernetl fer him. Even Haden later aeknewledged at the press eenferenee he ealled te publier anneunee Mr. Sarkisian?s ?ring that he had talked with Steve Sarkisian that Sunday and determined ?he was net healthy?. Haden?s enly respense at the time was te say that a sperts psyeheiegist named Rehin Sehele?eld {?Sehele?eld??t, whe werlts at USC and had previeusly previded te lvlr. Ht strongest Sari-:isian at Haden?s direction, would contact Mr- shortly and that he must tat-re her call- Schole?eld is not a medical doctor, nor is she an expert in addiction. 42. Haden later called Steve Saritiaian back and told him that he was being placed on an inde?nite leave of absence and that Helton was now the interim Head Canal-t, Hades? new: contacted Steve Sarlrisian again that day or night either to discuss the issues further or even to ask how he was doing. 43. Schole?eld, the USE sports spoke on the telephone later that day with Steve Sarttisian. Her ordy suggestions were more of the same: doubting the dosage of hit. Sarkisian?s medications, having him consult more often with clinical and maybe take a few days off. Steve Sarlrisian was already taking medications prescribed by a USE doctor and consulting on an outpatient basis with a USE The medications were making him feel and act abnonnaily and were not stepping his drinking. The outpatient visits consisted of only a one hour weekly visit to ler. Sarttisian?s office and an occasional visit with the USE to have medicines prescribed. These measures were not working. Steve Sarkisian Icnew he needed inpatient therapy to get well, and that he needed it now. 44. Experts agree. The bene?t of inpatient treatment is that the person can focus on his or her recovery without the distractions of everyday life under the direct supervision of experts in the ?eld, with no access to alcohol. Managed properly, the chances of relapse are extremely low. Gutpatient treatment, on the odier hand, has a higher risk of relapse for many reasons, including that access to alcohol is not limited during the treatment. The only comment Scholefield made about ?inpatient? treatment was to suggest that might be an option months later in January after the conclusion of the football season. Steve Sartrisian needed help now, not in January. 45. suggestions, none of which included Mr. Sarkisian getting inpatient treatment at that point in At some point that a?emoon, Scholefield arrived in person and reiterated her prior time. 46. Hansen, and invited them to his house. When they arrived, lvtr. Saririsian told them he was going it i i A Later that day, Steve Sarldsian called his assistant coaches, Helton and Johnny EE1 hill? and lh?l Haden had agreed to a leave of absence. l'vir. Sari-tisian told Helton that he I would be the interim liead Coaeh and that Mr. Sarltisian would be baelt and in great shape when he returned. The assistant eoaehes responded ?we got you, we love you" and ?you?re going to be great when you some baek." Later that evening. the family hired a Specialist to t?aeilitate Steve Sarltisien?s admission into inpatient therapy. Arrangements were made that evening for Mr. Sarhisian to I travel the next day to an inpatient rehabilitation faeility. 43. Steve Sarlrisian and his family went to bed that night believing that USE would aeeot?runodate his request for time off to seal: the intensive inpatient treatment to equip . him to battle a disease whieh the eurrent onea per week outpatient therapy and medieation were not treating. and, in faet. may have been making worse. They were not alone. A writer for For: Sports, Ryan Phillips, wrote at pm. that night that ?Steve Sarltisian is not being ?red by USE, for new the foens will he on his recovery and straightening - out his personal life.. ..The bottom line here is that a eoaeh at one of the top PBS programs has 5 been going through hell in his personal life and turned to substances to help eope with it. This is an ineredibly sad story and not one that should he ridieuled or laughed at. Right new all anyone should be doing is sending positive thought[s] in Sarkisian?s direetion and hoping he gets healthy. The positive spin on this is that now Sarkisian has the ehanee to write an all-time great eomebaelt story with his life and be a shining example to others. Here?s hoping he does just that.? The nest day1 Steve Barkisian teamed USE was not going to give him that ehanee. 49. Haden and USE now had a Head Coaeh whom many were elamoring to be ?red heeause USC was not winning most of its eoni?erenee games, and who was now requesting to go seek treatment in the middle of the season, whieh was not to USC. In retaliation for 5 his expressed need to seek inunediate inpatient treatment away from the team, heeause he had a I disability that was unaeoeptahle to USC, and because he was no longer satisfying the win-loss - espeetations of USC and its trustees, Haden and USC made the decision to ?re Steve Sarkisian and not pay him the remaining monies due under his Contrasts. ?ll. The following day, on Monday. Detoher 121. 2015, Steve Sarkisian went to the II h?madmLH-hwm airport for a neon ?ight to the inpatient treatment facility. Believing that he was still on leave and that his job was safe, Steve Saritisian left on that plane to get immediate help. However. unbehnownsl to Mr. Saritisian, even though Haden had told him less than twenty-four hours earlier that he was being placed on leave, Haden and USE had since made the decision to ?re Mr. Sarkisian as Head Coach at USC. Mr. Sarltisian did not Iearn about his ?ring until his plane landed and he saw an cmaiI attaching a letter oftenninatien. Not once did Haden as]: Steve Sarhisian what happened at the team meeting. nor even whether he had been drinking shortly before the meeting. That is because Haden did not care what had happened or what the facts were. Haden jumped at what he would Iatw claim was ?cause? to fire Mr. Earl-tisian and not pay him his right?rl salary. SC LACK DCAUSE ID FIRE VEE I 52. The Head Coach Contract that Steve Saririsian signed with USC allowed the UNDER HIS University to terminate him "for cause" only under certain circumstances, which. if present, would then relieve USE of its obligation to pay Mr. Sariisian the rest of the money owed to him under his contract. USE also agreed in that contract that it? it was going to claim a basis to terminate ivlr. Sarhisisn ?for cause." it would be required to provide Mr. Barkisian ten business days? notice and an opportunity to cure any problems it identi?ed. 53. USC and Haden attemmed to seize en the events of Sunday. I.C'tctober 21315. to I try and create an argument that Mr. Satirisian was being ?red ?for cause.? In fact1 nothing Steve Sarldsian did or did not do on {Il?ctober ll. 2e15, constituted a basis under his contract to terminate him for cause. Further. Mr. Sarlrisian was not provided the required ten business days? notice and an oppornuiity to cure any alleged conduct constituting "cause" for tenninatien. Indeed, the very day that Mr. Sarlrisian did not attend the one practice, he was told he would be put on inde?nite leave. and then less than nventy-t'our hours later was ?red by email. 54. USC and Haden have issued a?er-tbe-tiact justi?cations for Steve Sarkisian?s abrupt termination, claiming that there were prior incidents involving alcohol causing ML. Sarkisian to not perform his job as required. These statements are untrue and belied by Haden?s own statements at the press conference after he ?red lvir. Saricisian that ?Steve has been at USC 13 5-D 1] 12 13 i4 15 ?red. use was successful eneugh a: named sac-12 Seuth Champicn and is headed to a howyear and a half bct'cre the Salute te Trey withcut incident." I disability, such as alcuhclism, unless USE cuuld that deing as would have impescd . E??d-?liih, interactive pmeess with Steve Sarhisian te detennine effective and reascnable W?mmhmu - ta what accemmedatiens may be needed. it Steve Saritisian?s request liar leave. Regardless of whether Mr. Saritisian had remained an leave fur the next thirty days er been ?red. Helten, the farmer assistant eeth under Mr. Sarkisian, wnuld have been and was appeinted interim Head Beach. Mares-yer. Helten had already been calling all the plays fer the team the entire scascn. even before Mr. Sarkisian was TY TD ACE MMDDATE STEVE DISABILITIES 55. Califcrnia law imposes a duty en USE tn make reasenablc accenuncdaticns fer a an undue hardship. Furthennure. Califernia law imp-uses a duty en USE tn engage in a timely, accenunudaticns i'er his disability. This is particularly true since Mr. Sartdsian requested an accemrnudatiun. USE else was required under Califemia law tn seek input frem Mr. Sarkisian as SIS. Given the circumstances, it weuld not have placed an undue hardship en USE had ?red. And during the time that Helten acted as interim Head Beach after Steve Sarhisian was game. USE alsc earmet crediny argue that Hclten was incempetent to handle the team?s head cuaching duties while Steve Sarkisian was en leave given that USC has new hired Heltcn ta be the permanent Head {leach far at least the next ?ve years. 53. USC alsc failed to engage in a timely. goedsfaith interactive precess with Steyc Sarkisian te determine an effective and reasonable accemmedaticn. Instead. USE tired Steve Sarkisian by email less than 24 Items after placing him an leaye. Had USC net withdrawn its deeisien, less than 24 hears after annauncing it, to place Mr. Sarkisian en leave, he wauld have been able ta :3an the treatment he needed and then return to successfully perfenn his essential jeb ?mctians as Head Ceach. samslan FINALLY ears THE HELP HE assess an}: 59. The day he was ?red, Steve Sarkisian entered an intensive inpatient rchabilitaticn LAW i I In program. Mr. Sarkisiult completed a detoxification program- He was almost immediately taken - utT all of the medications that a USE doctor had recommended and prescribed. Mr. Sarkisian then over St] days in rehabilitation and successfully completed the program, after which he was discharged. He left the rehab program clean and sober, free of any prescription medications, and for the first time in over years able to sleep restfully and consistently. Steve Saritisian was now ready and equipped to move forward with his life, understanding his disability and how to treat and control it. Steve Sarltisian was ready to retum to work, both physically and emotionally I. and in time to coach USC's remaining two games of the regular season and any games beyond that. Unfortunately, there was no job waiting for him. Steve Sarkisian took responsibility for i getting help for his disability. USC refuses to honor its responsibilities. DAMA FERED B?t? STEVE SARKISIAH AND ENTERPRISES tit]. Plaintiffs are owed at least $12.6 million under the Head Coach Contract and the Marketing Agreement, which USE has wrongfully re?ise-d to pay them. Additionally, Steve Sarkisian has suffered in the past and will likely continue to suffer extreme mental anguish as a result of not only his wrongful termination, but also the manner in which he was terminated and the statements made about that termination by USC. Hr. Sarkisian is entitled to be compensated for that mental anguishI along with alt other damages he has suffered. ill-11S QISPUTE EE BY A. EQUEI In disputes with other employees, USC has attempted to prevent the disputes from being decided by courts and juries by forcing the disputes into arbitration. if USC were to attempt to deny Steve Sarkisian his day in court, and his right to have his case heard by ajury of 2] 22 his peers under public scrutiny, by claiming that the contracts at issue in this dispute require that 23 this dispute be arbitrated, it would fail because any provision in those contracts providing for 24 . arbitration would be both procedurally and substantively unconscionable and thus unenforceable. 25 FIRST cause OF ACTIUN 26 BREACH OF WRITTEN CONTRACT CBACH a? . as. Plaintiff Steve Sarkisian realleges and incorporates herein by reference paragraphs 23 1 through 61, inclusive, as if ?illy set forth herei: 63. The Head Ceaeh L?nntraet prev-ides fer a five year term, subject In terminatinn by either party in with the terms at" the Head Cnaeh Centraet. Article 1 prevides?. ?The term nl' emplevment shall be five years, enmmeneing en 2, EDIE, and ending 1m 1. EDIE {the *?Eapiratien Date"), unless seener terminated as hereinafter previded in this Agreement." 154. Artieie I?ivF addresses termination. Seetien 4.131, entitled ?Terminatien hv Either Party With er Witheut Cause." prevides in pertinent part: ?Emplevee aeitnewledges that this Agreement and the empievment relatienship ma}.r he terminated at any time, with at witheut *eause,? as de?ned helew, at the eptien ei' either the University er Empievee, in with the terms at" this Agreement.? 155. Mr. Sari-tisiarl never eaereised his eptien tn terminate the Head Ceaeh IEarntraet. 55. USC never terminated the Head Ceaeh Centraet in with its terms. Fer USC id have exercised an nptien te terminate the Head Cnaeh it was required tn either: establish that Mr. Sarltisian was terminated ?with eause" and previde prnper netiee and an epp-ertunit}I tn eure, nr ?deliver tn Emplevee [Sarkisian] written netiee ef the University's intent te terminate this Agreement witheut eause" pursuant tn paragraph 4E4 ef the Head Ceaeh Centraet. USE enmplied with neither provisien. 15?. USC lacked eause tn terminate the Head Cnaeh Centraet fer ?eause.? antl' merenver failed tn previde the netiee and an appertaniq.r te eure as required by Paragraph m2 at the eentraet. Nething Steve Sarkiaiatt did, er failed in de. eenstitutes ?eause? under this . paragraph ef the Head Ceaeh Centraet. 63. Pleading in the alternativeI Defendant U51: breaehed the Head Ceaeh Centraet ea er aheut ?eteher 12, 29:5 by failing to previde netiee and at least ten business days te eure the eenstituting cause. Seetiens and 4.03 eaeh previde that ii? USE seeks. tn terminate the eentraet fer eause, a ?Netiee and Cure peried will he business days." 69. USC aise failed te preperlv terminate the eentraet withnut cause because it never previded Mr. Sarldsian netiee that it was terminating the eentraet en this basis. Seetien 4114, entitled ?Tenninatien by University Witheut Cause," prevides in pertinent part that: 16 eemrLamr set forth above, the University also shall have the right to terminate this Agreement prior to its normal expiration on the Expiration Date, without cause. . Termmauon? by the without cause shall be effectuated by deliveringito Employee written notice of the University?s intent to terminate this Agreement without cause, which notice shall be effective upon the earlier of the date set forth fortennmation 1n such notice or three days after the date of such notice if delivered to Employee via regular mail. it}. Contract except for those excused by Defendant USC's breach. T1. by the Contract, it remains liable for dollar values of the base salary, annual incentives, and fringe bene?ts provided for under the Contract. a) The base salary paid by the University to Employee for services and satisfactory performance of the terms and conditions of this Agreement shall be at the annual rate of: Section 3.{ll provides for the following base salary: Two Million Sis Hundred Twenty Five Thousand Dollars for the period from December 2. 2014 through December 1, 5; Two lvtillion Seven Hundred Fifty Thousand Dollars for the period from December 2, 2015 through December lI 2016; Two Million Eight Hundred Seventy Five Thousand Dollars for the period from December 2, ltll? through December l. 201?; and Three Million Dollars for the period from December 2, 2x01? through December 1, Zill?; and Such amounts to be payable in installments by the University to Employee during the term of this Agreement. b) Section 31): provides for the following annual incentives: The University shall provide Employee with an Academic Progress Rate (as de?ned from time to time by the NCAA, the incentive bonus as follows: For each year of the Agreement in which the 4-year APR score for the men?s football program meets or exceeds the 4-year APR score of 95D, Employee shall receive a bonus of payable within thirty (Bil) days of publication of l'i' Steve Sarkisian has complied with all of the material terms of the Head Coach Because USE never terminated the Head Coach Contract in the manner required the ?nal Spring. 5mm fur Each Fm' Of?cial scores, are released each The University shall also provide Employee with a bonus in the amount. of for each year of the Agreement in which the graduation rate for senior scholarship football players on the Team meets or exceeds eighty ?ve percent {sic}, which bonus shall be payable within thirty days of the end of each contract year. The calculation of the graduate rate shall be made by the Athletic Director of the University, in his reasonable discretion. The University shall provide Em lo cc with a boon th of 5 ?tl,tltl? for a Pac~12 Champiirnghip, 52003012! facina the fourrteam College Football Playoff, and a bonus for a victory_1n the ?nal game of the College Football Playoff [National Ch?mPan): Bonuses will be paid within days of any one of these Incentives ts earned under the direction of the Employee. a} Section 3.04 provides for l'ringc hcnelits, including: a. 1 Standard University Fringe Bene?ts. Employee shall be entitled to the standard University fringe beruefits appropriate to Employee's classi?cation and based upon Employee?s salary as set forth in paragraph 3.0! b. Automobile. The University, as additional compensation to Employee. shall make arrangements for and rovide to Employee on a lean basis two automobiles for Emp oyee's use during the term of this Agreement. such automobiles to be selected by the University. University shall be res nsible for gasoline expenses {by means of a gasoline card iss to Employee}, repairs and maintenance, and appropriate liability and comprehensive automobile insurance to cover Employee in the use and operation of said vehicles during the term of this Agreement, T2. Defendant USE has failed to pay any compensation or bene?ts due under the - 2] 3 Contract since terminating Mr. Sarkisian. 22 T3. USE has also anticipatorily breached the Head Coach Contract, repudiating its 23 obligations under that contract before performance of those obligations came due. 24 T4. Pleading in the alternative, USC terminated the Head Coach Contract without 25 cause but breached the contract by failing to pay liquidated damages. Section 4.04 states, in 2,5 pertinent part, that the University exercises its right under this Section 4.tl4 to tcmiinate this 2? . Agreement without cause, Employee shall be entitled to damages only as provided for in Section 23 4.04s below." Section cl??a) in turn provides, in relevant part, that if the University tel-inmates 13 m? Centract, Steve Sarldsian has suffered special damages in the farm ct?lest wages, bene?tsthis Agreement withuut cause prinr In its Expiration Date, the University shall pay te . as liquidated damages. pursuant tc tlte following schedule: breach cf the Head Geach Centract, Steve Sarlrisian has suffered special darnages in the farm cf 5 last wages, benefits, and ether cut of packet expenses and damages in an amcunt aceerding tc ether cut cf expenses in an amuunt tc lire-cf at trial. If the Universityr terminates this Agreement witheut cause an er a?er December 2, 2014 but prinr tn December 1, EMS, the University shall pa},r Empleyee, as liquidated damages, the sum cf Eleven Millien Hundred Fiftyr Theusand Drillers T5. As a direct and prcairnate result cf Defendant breach and anticipath at trial. SECDND CAUSE DF BREACH IDF IMPLIED IDF FAITH AND FAIR DEALING Plaintiff Steve realleges and herein by reference paragraphs 1 thrnugh T5, inclusive, as if fully set herein. W. In wrongly claiming that it was exercising its rights and using its ?scle judgment" under the Head Ccach tn terminate Steve Sarkisian ?fer cause" and by its ether aetiens stated rib-eve. USE unfair];Ir interfered with Steve Sartrisian?s right to receive the bene?t cf the T3. As a direct and prairirnate result cf Defendant breach (if the Head Cuach THIRD CAUSE 0F FAILURE TD ENGAGE IN THE PRDCESS Gev't. Gnde 1194tl[n]} T9. Plaintiff Steve Sarlrisian realleges and herein by reference paragraphs 1 thrcugh Til, inclusive, as if fully set ferth h?ein. 3t}. Defendant USE is, and at all relevant times was, a cevered under the FEHA. 31+ Between December 2.. 2013 and 12, 21115, Defendant UEC ernpleyed 151' CUMPIADIT Wm??sthSteve Sarltisian as its head football coach. SE. 1While employed by USC, Stave Sarkisian had a disability within the meaning of FEE-1A, andfor was perceived by USE to have a disabilityI within the meaning of FEHA. 33. At all relevant times, Defendant USE knew of Steve Sarkisian?s alcoholism and that it limited one or more of his major life activities. lid. As more particularlyr stated above, USE also knew that Steve Sarkisian had a need for accommodation. 35. Du Dctoher ?tl, Steve Saridsian requested that Defendant USC make reasonable accommodation for his alcoholism so that he would be able to perform his essential job requirements. 35. Steve Sarkisian was willing to participate in an interactive process to determine whether reasonable accommodation could be made so that he would be able to perform the essential requirements of hisjob. ST. Defendant USC failed to participate in timely good-faith interactive process with Steve Sarkisian to determine whether reasonable acconunodation could be made. SS. As a direct and proximate result of Defendant unlawful conduct, Steve Sarkisian has suffered and will continue to suffer pain and suffering; anxiety; embarrassment; humiliation; loss of self-esteem; depression; severe mental anguish and emotional distress; and loss of earnings and other employment benefits. Steve Sarkisian is therefore entitled to general and compensatory damages in an amount according to proof at trial. Defendant failure to engage in a good-faith interactive process was a substantial factor in causing Steve Sarkisian?s harm. St]. Defendant of?cem. directors1 or managing agents, acting on behalf of Defendant USE, committed conduct described herein constituting malice, oppression, or fraud; authorized such conduct; andr'or knew of such conduct and approved such conduct after it occurred. Accordingly, Steve Sarldsian is entitled to punitive damages ?om Defendant USE as appropriate. His 11} FDURTH CAUSE ACTIDH FAILURE TD (Cal. Gav. Cede 12940011} 91. Plaintiff Steve Sarltisian realleges and herein by reference paragraphs i threugh 90, inclusive, as if lull}r set forth herein. 92. Defendant USE is, and at all relevant times was, a carered under the FBI-IA. 93. Between December 2, 2913 and Dutch-er l2, 2?15, USE Steve Sarltisian as its head fcethall ccach. 94. While by USE, Steve Saritisian had a disability within the meaning nf . FEHA, andr'cr was perceived by USC tn have a disabilityr within the meaning cf FEHA. 95, At all relevant times, Defendant USE knew {if Stet-re Sarltisiafs alcchelism and that it limited cne er mere majcr life activities. 96. At all relevant times, Steve Sarkisian was able te perferrn the essential duties cf his pnsiticn as head feethall ecaeh with reasunable acenmmedatien. Defendant USE failed tn preside reasonable fer Steve Sarkisian's alcehnlism. 93. As a direct and presimate result nf Defenth unlawful eenduct, Steve I Sarlrisian has suffered and will eentinue to suffer pain and suffering; anxiety; embarrassment; 2i] I humiliatien; less of self-esteem; depressien; severe mental anguish and emctienal distress; and 21 I ices cf earnings and ether empleyment hane?ts. Steve Sari-risian is therefore entitled tn general 22 I and damages in an ameunt aeenrding tn precf at trial. 23 99. Defendant failure tn pretride remenahle was a substantial 24 3 factnr in causing Steve Sarkisian?s harm. 25 Ill-ll. Defendant nffieers, direetur5, er managing agents, eating an behalf of 26 . Defendant DEC, ccmmitted ecnduet described herein certstituting malice, nppreseicn, er fraud; authcriaed such ccnduct; knew cf such conduct and approved such ccnduct after it 23 I occurred. Aceerdingly, Steve Sarkisian is entitled tn punitive damages from Defendant USE as 11 cum-Lam approp riatc, 3 i FIFTH cause: on anneal DH THE BASIS DF DISABILITY (Cal. Gov. Eode ll?dflta? 5 l?l- Plaintiff Stave Sarkisian realieges and incorporates herein by reference paragraphs *5 1 through l?tl, inclusive, as if?illy set forth herein. 7 . I132. Defendant USC is, and at all relevant times was, a covered employer under the FEHA. 9 1'33. Between December 2. 2?13 and Detober 12, 2315, USE employed Steve Sarltisian 113' as its head football coach. I 1 While employed by USE, Steve Sarltisian had a disabilityr within me meaning of 13 PEI-IA, andfor was perceived by USE to have a disability within the meaning of FEHFL. 13 IDS. Fit all relevant times. Defendant USE knew of Steve Saritisian?s alcoholism and 14 that it limited one or more major life activities. I5 . l?ti. At all relevant times, Steve Barkisian was able to perform the essential duties of 16 his position as head fastball coach with reasonable 1? 10?. Steve Sarkisian?s alcoholism or perceived alcoholism was a substantial motivating . IE reason for Defendant USC's decision to terminate him. 19' IDS. As a direct and proximate result of Defendant unlawful conduct, Steve 1 Sarkisian has suffered and will continue to suffer pain and suffering; anxiety; embarrassment; humiliation; loss of self-esteem; depression; severe mental anguish and emotional distress; and loss of eaminga and other employment benefits. Steve Sarkisian is therefore entitled to general' and compensator];r damages in an amount according to proof at uial. 109. Defendant USC's termination of Steve Sarltisian was a substantial factor in causing Steve Sarln'sian?s harm. Defendant USC's officers, directors, or managing agents. acting on behalf of Defendant USU, conduct described herein constituting malice, oppression. or ?-audt' as comm authorized such conduct; andfer knew of such conduct and approved such conduct after it rred Accordingly, Steve :s enbtled to punitive damages from Defendant USC 115 2 appropriate. 3 I SIXTH CAUSE 0F ACHDH a i (Cal. Gov. Code 119411011) I 1 1. Plaintiff Steve Sari-risian realleges and incorporates herein by reference paragraphs 1 through ii?, inelusive, as if fully set forth herein. I 1I2. Defendant USE is, and at all relevant times tans, a envered employer under the FEHA. 113. Between December 2, 2013 and Detober 12, 5, USE employed Steve Saritisian as its head football ooaeh. 114. While employed by USE. Steve Sarldsian had a disability within the meaning of andr'or was perceived by USE to have a disability within the meaning of FEHA. 1 15. At all relevant times, Defendant USE knew of Steve alcoholism and that it limited one or more major life aetivities. 116. Steve Sarkisian engaged in eonduet protected under the FEHA ineluding. t'nt'er' slits, requesting reasonable and attempting to engage in the interactive proeess 13 i with USC. 19 i 11?. Defendant USC retaliated against Steve Sarkisian by failing to provide him 2C1 reasonable aoeommodations, failing to engage in the interactive proeess, and terminating his 21 I employment. 22 i 1 13. Steve Sarkisian?s proteeted nativity was a substantial motivating reason for 23 - retaliatory eonduet against him. 24 i 119. As a direet and proximate result of Defendant unlawful eenduet, Steve 25 . Sarkisian has suffered and will continue to suffer pain and suffering; anxiety; embarrassment; 26 I humiliation; loss of self-esteem; depression; severe mental anguish and emotional distress; and loss of eam'tngs and other employment bene?ts. Steve Sarldsian is therefore entitled to general 1'3 and eontpensatory damages in an amount aeeordzigg to proof at trial. a - responsive manner when Steve Sarkisian gave notice to USC with respect ta his alcoholism and 25 2d 2? 23 Sarltisian*s harm. - autho' used such conduct, andior knew of such conduct and such conduct after it . occurred. Accordingly, Steve Sarkisian is entitled to punitive damages Defendant USE as . appropriate. mug-t, 1213. Defendant retaliatory eenduct was a substantial factcr in causing Steve 12]. Defendant USC of?cers, or managing agents, acting on behalf of Defe an USE, conduct described harem constituting malice, oppression. or hand SEVENTH CAUSE DF ACTIUN FAILURE TD PREVENT DISCRIMINATIDN AND RETALIATIUH Gav. Code 129411{1c]] 122. Plaintiff Steve Sarhisian realleges and herein by reference paragraphs 1 through 121, inclusive, as-if fully set forth herein. 123. Defendant USC is, and at all relevant times was, a covered employer under the FEHA. 124. Between December 2, 2013 and Detoher 12, 21115, USE employed Steve Sarltisian as its head football coach. 125. While employed by USC, Steve Sarltisian had a disability within the meaning of FEHA, andfor was perceived by USU to have a disability within the meaning of FEHA. 126. At all relevant titties, [Jet?endant USE knew of Steve Sarldsian?s alcoholism and that it limited one or more major life activities. 12?. Defendant USE failed to take all reasonable steps to prevent discrimination and retaliation against Steve Sarkisian by, inter failing on ensure that USC are reasonably aware of and appropriately implement reasonable accommodation protocols for alcoholic employees; failing to act and failing to compel USE staff to act in a timely and requested reasonable (3) failing to provide reasonable accenuncdaticn in a lawful manner; (4) failing to develop and implement policies to provide accommodations for alcoholic employees and prohibit discrimination against alcoholic employees; and failing to - chin-man prevent the discriminatory and retaliated},r tenninaticn cf Steve Sarltisian fer exercising his legal - I right ta request and receive apprapriate 123. As a direct and presimate result cf Defendant unlawful ccnduct. Steve Sarltisian has suffered and 1ivill centinue te suffer pain and suffering; anxiety; embarrassment- humlha?mni 1935 ?Jf severe mental anguish and emctienal distress; and 1955 ?f ?Emmi? and Dam" Bmillillr'rnent bene?ts. Steve Earkisiart is therefcre entitled in general and cernpensatcry damages in an amaunt accarding ta precf at trial. . 125i. Defendant failure in talse all reascnable steps in prevent the discriminatien and retaliatien against Steve Sarltisian was a substantial facter in causing Steve Sarkisian?s harm. I3Iii. Defendant af?eers, directors, er managing agents, acting cn behalf ef Defendant USE, ecnunitted cenduct described herein censtituting malice. cppressian, er fraud; authorised such cenduct; andicr knew cf such canduct and such ccnduet after it occurred. Steve Saritisian is entitled tc punitive damages Defendant USE as EIGHTH CAUEE IEIF AC 1 ate. IS 5 15 . CDNFIDENTIALITY DF MEDICAL ACT 1? (Cal. Civ. Cede 56 et seq.) 13 13]. Plaintiff Steve Sarldsian realleges and herein by reference paragraphs 1 thrtiugh 13ft, inclusive, as if full}.r set fetth herein. The Con?dential Medical lnfermatian Act, Cal. Civ. Cede 5+5 at sag. 2a :32. 2] prebibits a previder cf health care fram making an unautharised disclesure cf medical 22 infetmatian regarding her patient. 23 133. While empleyed at USC, Steve Sarkisian was a patient cf twa USE agents, Dr. 24 Sehcle?eld and Dr. Hebert Martin, within the meaning cf ca. Civ. Cede a sauna). 25 134. Dn and belief. Schale?eld Steve Sarkisiafs een?dential medical as de?ned by Cal. Civ. Cede 515.0513], in third parties aithaut Steve Sari:isian*s mitten censent, in vialatian cf secticn 135. Pleading in the alternativeI an inferrnatian and belief, Sehalefteld negligently is 4 mandated not permitted by an}.r cr-tcentiori:I 11nd: Eatsjman mama] mfgmatmn was ?Either 5 131 A5 a dim? Md pmximam "mun. C?dv Stilt} or respectively. 6 Barkigian has suffered and Will mn?nue suffer o. chdole?eld's unlasvful conduct, Stow 7 humiliation loss of self-esteem' de - Pm? an suffenng; embarrassment I pressron, severe mental anguish and emotional distress; and 3 loss of earnings and other employment benefits. Steve Sarkisian is therefore entitled to general 5" and compensatory damages in an amount according to proof at trial. 1'El 13 B. At all relevant times, Schole?eld was Defendant USC's agent andr'ot employee. I 11 139. Sebole?eld was acting within the scope of her agancvfemplovment when she 12 harmed Steve Sarltisian. Consequently, USC is liable for Scholeficld?s unlawful acts. 13 Defendant USC's of?cers, directorsI or managing agents, acting on behalf of 14 I Defendant USE, conunitted conduct described herein constituting n'raliceI oppression, or fraud; 15 authorised such conduct; andfor knew of such conduct and approved such conduct after it 15 occurred. Accordingly. Steve Sarltisian is entitled to punitive damages from Defendant USU as appropriate. 13 . NINTH Ch EDF IDN 19 INVASIDH PRIVACY 2U {California Constitution art. 1} 21 14:. Plaintiff Steve Sarltisian reallcg?? and 1min ht 22 i 1 through 14D, inclusive, as if full}.I set for1h herein142. Steve Sarlo'sian had a legallyr protected privacy interest in his con?dential personal medical information. 143. Steve Sarkisian possessed a reasonable expectation of privacy in his con?dential personal medical information under the circumstances. 144. ?n information and belief, Schole?eld's conduct in disclosing Steve Sarkisian?s personal medical information constituted a serious invasion of privacy. 1b ?y 14?. Schelefield was acting within the scape nf her when she I harmed Steve Sarltisian. Consequently, USE is liable fer unlawful acts. . 143. Defendant ef?cers, directors, er managing agents, acting an behalf cf Defendant USE, cnmmitted conduct described herein ennstituting malice, nppressinn, nr fraud; authnrizecl such cnnduct; knew cf such ennduct and such cnnduct after it 12 eecurred. Steve Sarlrisian is entitled tn punitive damages Defendant USC as 13 14 . TENTH cause 0F 15 NEG LIGENT 15 149. Plaintiff Steve Sarkisian realleges and incorporates herein by reference paragraphs I . 1 thrcugh :43, inclusive, as iffully set forth herein. IE 150. had a preexisting relationship with Steve Sarkisian as his healtheare 19 I previder, Ccnsequentlv, she nwed him a legal duty In exercise due care. l?i. ?it infennatinn and belief, breached her dirt},F by Mr.? Sarkisian?s medical withcut privilege or his censent. [52. As a direct and presimate cause of Schnie?eld?s unlaw?tl Steve I Barkisiatt has suffered and will continue tc suffer pain and suffering; anxiety; embarrassment; -I humiliaticn; less cf self-esteem; depressinn; severe mental anguish and ernnticnal distress; and cf earnings and ether bene?ts. Steve Sarkisian is therefnre entitled tn general and damages in an amcunt to proof at triaL 153. At all relevant times, was Defendant agent andier 154. was acting within the scope cf her when she 27 December 2, 21313 until it unlawfully terminated him an Deteber 12, 21115. he requested leave due ta a disability ar perceived disability, requested leave pursuant ta Faint. after. the fellnwing laws. statutes, and regulatinna: the FEHA. and the CFRA. suffered and will eentinue to suffer pain and suffering; anxiety; embarrassment; humiliatien; less efself-esteern; depressian; severe mental anguish and emetienal distress; and less at? earnings and ether emplayment bene?ts. Steve Sarkisian is therefore entitled to general and eempensatary damages in an amount aeearding te- preaf at trial. neeurred. Steve Sarkisian is entitled to punitive damages ii'em Defendant USE as banned Steve Sari-:isian. Censequently. USE is liable fer Sebeiefield?s unlawful aets. ELEVENTH CAUSE DF TERMINATIIJN IN VIOLATIDN OF PUBLIC Laber Dude 1102.5] 155. Plaintiff Steve Earkisian realleges and inept-perates herein by referenee paragraphs 1 threugh 154, inclusive, as if fully set ferlh herein- 156. Defendant USE empleyed Steve Sarkisian as its head faatball eaaeh frem 15?. Defendant USE terminated Steve Sarkisian in substantial part because, inter aiia, the CaIifernia Fan-tin Rights Act, and was a perann with a disability within the meaning at the 153. The eenduet ef Defenth in terminating Steve Earizisian was abnesieus tn the interests af the state and eutragenus eanduet eentrary ta publie paliey as embodied in, inter 159. As a direet and praitiniate result of USC's unlawful eunduet. Steve Sarltisiaa has 1611. Defendant e?'teers, direettirsI er managing agents. aeting an behalf ef Defendant USC, eernrnitted eenduet described herein eenstituting ntaliee. uppressien. er fraud; autheriaed auel't eenduet; andfer knew pf sueh eenduet and approved sueh ennduet after it apprepriate. CAUSE DF ACFIDN BREACH WRITTEN enNTaaer mmrme Plaintiff Sari: Enterprises realleges and inearperates herein by reference 15 161. 1 paragraphs threugh [69 inclusive as if full}.r set ferth herein. 3 162. Eectien cf the Marketing Agreement prevides in pertinent part that ?[t]he term 3 I ef this Agreement will cemmence en the date hereef and will auteman'callyr terminate upen the I eapiratien er terminatien ef the [Head IEeach] Centract.? 163. Sectien 3.1 prevides in full: In censideratien fer the Marketing Services rendered by {Sark Enterprises} as set ferth herem during the tel-m hereef, USC shall papr te [Earle Enterprises] the sum ef pet?_vear [the USE shall pay the Fee te [Bark Enterprises] in equal menthl}r installments en the ?rst business day.r ef each menth. mm?mmh 164. The Head Ceach Centract has never been terminated. Accerdinglv, USE ?3 has wrengfulljir refused te pa},r Bark Enterprises all menies due under the Marketing Agreement. 11 165. USC has alse anticipaterily breached the Marketing agreementI repudiating its 1? ebligatiens under that centract beferc perfermance ef these ebligatiens came due. 13 idh. Sari: Enterprises has complied with all of the material terms ef the Marketing 14 Agreement except fer these excused by Defendant USC's breach. i5 As a direct and prekimate result ef Defenth breach ef the Head l[leach 16 Centract and anticipaterir breach ef the Marketing Agreement. Sari: Enterprises has suffered special damages in the ferm of last fees in the ameunt ef er accerding te preef at lit trial. 19 TI-IIR EE AUSE ACTID I 2ft BREACH OF THE CUVENANT DF FAITH AND FAIR 2] DEALING MEETING 22 168. Plaintiff Sari: Enterprises reaileges and incerperates herein by reference 23 paragraphs 1 threugh I62, inclusive, as if fully set ferth herein. 24 169. Plainti? Sari: Enterprises entered inte a written centract with USC when it 25 executed the Marketing Agreement effective as ef December 3, 2013. impreper tenninatien ef the Marketing Agreement viclates the implied. 2d cevenant ef geed faith and fair dealing. 23 USE has re?ised te pa}.r Saris Enterprises all menies due under the Marketing. as noel-stenan Agreement. ITE. USE has also anticipatoril},r breached the Marketing Agreement, repudiatng its obligations under that contract before performance of these obligations came due. I H3. Plaintiff Sarlt Enterprises has complied with an er the material isms er the: Marketing Agreement except for those excused by Defendant breach. I 174. Pleading in the alternative, if it is determined that the Head Coach Contract has been terminated; Defendant USE interfered with Sarlt Enterprises? right to receive bencf'tta of the Marketing Agreement by terminating Steve Sarltisian for an unlawful purposes. thereby triggering the termination of the Marketing Agreement pursuant to Section HS. its a direct and proximate result of Defendant breach, Plaintiff Sari: Enterprises has suffered special damages in the form of lost fees. in the amount of and ether out of pocket expenses according to proof at trial. NEGLIGENT SUPERVISIDN, HIRING, AND 1T6. Plaintiff Steve Sarkisian realleges and irreolporates herein by reference paragraphs 1 through HS, inclusive; as if fully set forth herein. 1T7. agents, and to develop and maintain appropriate policies and procedures, so that employees andfor agean refrained from the conduct andfor omissions alleged herein. 113. Such breach constituted negligent hiring. supervision. training; and retention under the laws of the State of California. UP. the a direct and proximate rest?t of USC's unlaw?tl conduct. Steve Saritisian has suffered and will continue to suffer pain and suffering; armiety; embarrassment; humiliation; loss of self-esteem; depression; severe mental anguish and emotional distress; and loss of earnings and other damages in an amount according to proof at trial. USC's breach was a substantial factor in causing Mr. Sarltisian?s harm. 330. so [infantlant USE had a slut}.r to hire; supervise, train, and retain employees and-for Defendant USC breached this duty, causing the acts and failures alleged herein. employment hencfils. Steve Sarkisinn is drerefore entitled to general and compensatory c?MPLattiT PRAYER FDR RELIEF 2 WHERE ~e 3 l" RE, Plaintiffs respectfully request that the Bend enterjudgment in their fairer and against Defendant, and award the fellewing relief: 4 5 . . damages including but net limited te ecenemic leases, lost wages and benefits, mental and emetienal distress, and ether special and general damages 6 a . te prcef but In excess ef thejurisdictienal thresheld ef this EeurtPunitive damages en all claims against USE fer which such punitive damages are 3 5 receverable', 9 3. Reasenahle attemeys? fees and cests; 1? 4. Interest, including but net limited te ere-judgment interest, at the legal rate; and 1 I 5. Such ether relief as this Ceurt 1114.713.r deemjust and equitable. 12 13 DEMAND FDR JURY TRIAL 14 Plaintiff herein}.F demands ajur}r trial en all issues se tria?ele. 15 16 earse: December a, ems Respectfullr submi?si HADSELL STURMER dc RENICK LLP By Den?Stem? fer Plaintiffs STEVE SARIUSLAN and SAHJC. ENTERPRISES, INC. :u cents-Later