SUM-100 SUMMONS FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE} (CITACION JUDICIAL) N O T I C E T O D E F E N D A N T: INC., a California corporation; and DOES 1 through 25, Inclusive. 17 SEP-7 Pii &0I YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): TERESA SPEHAR, Ph.D, J.D., an individual. i 'iE ■G ?"■i iO cU i";NcTcY.UR SAh D OC CAr NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information b e l o w. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal fonn if you want the court to hear your case. There may be a court fonn that you can use for your response. You can find these court forms and more infonnation at the California Courts Online Self-Help Center (wvm.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court dertc for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attomey, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site {www.lawhelpcalifomia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. lAVISOI Lo han demandado. Si no responde dentro de 30 dfas, la corte puede decidir en su contra sin escuchar su versidn. Lea la infbnvadon a continuation. Tiene 30 DfAS DE CALENDARIO despu6s de que le entreguen esta citaa'dn y papeles legates para presenter una respuesta por escrito en esta corte y hacer que se entregue una copia al dentandante. Una carta o una llamada telefdnica no to protegen. Su requests por escrito tiene que estar en fonmato legal conrecto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos fbnvularios de la corte y mis infbrmacidn en el Centra de Ayuda de las Cortes de California (www.sucorte.ca.govj, en la biblioteca de leyes de su condado o en la corte que le quede mis cerca. Si no puede pagar la cuota de presentacidn, pida al secretario de la corte que le d6 un formulario de exencidn de pago de cuotas. Si no presenta su respuesta a tiempo. puede perder el caso por incumplimiento y la corie le podri quitarsu sueldo, dinero y bienes sin mds advertencia. Hay otros requisites legates. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisidn a at>ogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legates gratuitos de un programa de servicios legates sin fines de luao. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services. ^www.lawhelpcalifomia.org;, en el Centra de Ayuda de las Cortes de Califomia, fwww.sucorte.ca.gov; o poni6ndose en contacto con la corte o el colegio de abogados locales. AVISO: Parley, la corte bene derecho a reclamarlas cuotasy los castas exentospor imponer un gravamen sabre cualquier recuperacidn de $10,000 6 mds de valorredbida mediante un acuerdo a una concesldn de arijitraje en un caso de deracho civil. Tiene que pagar el gravamen de la corte antes de que la corte pueda desechar el caso. The name and address of the court is: (Bnombreydireccidndelacortees): case number fi f nc CTL San Diego Superior Court - Central Division 330 West Broadway, San Diego, CA 92101 The name, address, and telephone number of piaintifPs attorney, or plaintiff without an attomey, is: (El nombre, la direccidn y el numero de tel§fono del abogado del demandante, o del demandante que no tiene abogado, es): Joshua D. Gruenberg; Joshua P. Pang; 2155 First ave, San Diego, CA 92101 D AT E : 5lP (Fecha) 0 7 91)17 Clerk, (Secretario) by .Deputy (Adjunto, (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citatidn use el fomiulario Proof of Service of Summons, (POS-010)). N O T I C E TO T H E P E R S O N S E RV E D : Yo u a r e s e r v e d 1. I I as an individual defendant. 2. I I as the person sued under the fictitious name of (specify): 3. I I on behalf of (specify): under: I I CCP 416.10 (corporation) CCP 416.60 (minor) I I CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) I I CCP 416.40 (association or partnership) CCP 416.90 (authorized person) I I other (specify): 4. I I by personal delivery on (date): Form Adopted for Mandatory Use Judicial Council of California SUM-100 [Rev. July 1.2009] SUMMONS Code of Civil Procedure §§ 412,20,465 w w w. c o u r t i n f o . c a . g o v state Barnumber, and address): FOR COURT USE ONLY Joshua P. Pang, Esq. (296371) Gruenberg Law /2155 First Ave, San Diego, CA 619-230-1074 TELEPHONENO- 619-230-1234 Plaintiif, AT TO R N E Y F;■ OR f W a mTeresa eJ; ' Spehar ^ SUPERIOR COURT OF CAUEQRNIA. COUNTY J3F ' :'l?^6WstWcf,Jay STREET ADDRESS: ±Ji^a\xyr aj MAILING ADDRESS: „ oiYANoapcooE: San Diego, CA 92101 Central BRANCH NAME: CLt-'vS:!; COURT SAH DILGO COUNTY, CA CASE NAME: Spehar v. Synthetic Genomics, Inc. CIVIL CASE COVER SHEET 1^1 Unlimited I I Limited (Amount (Amount CASE NUMBER: Complex Case Designation 37-2017-000330^^U-OE-CTL I I Counter I I Joinder demanded is Filed with first appearance by defendant exceeds $25,000) $25,000 or less) (Gal. Rules of Court, rule 3.402) Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: demanded Contract A u t o To r t □ Auto (22) I I Breach of contract/warranty (06) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) I Uninsured motorist (46) d] Rule 3.740 collections (09) I I Antitrust/Trade regulation (03) Other PI/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort I I Other collections (09) I I Construction defect (10) I I Mass tort (40) I I Asbestos (04) □ Product liability (24) I I Medical malpractice (45) □ Other PI/PD/WD (23) I 1 Insurance coverage (18) I I Securities litigation (28) I I Environmental/Toxic tort (30) I I Insurance coverage claims arising from the I I Other contract (37) Real Property I I Eminent domain/Inverse condemnation (14) above listed provisionally complex case types (41) N o n - P I / P D / W D ( O t h e r ) To r t i 1 w rIoInWrongful g f u l e v ieviction c t i o n ((33) ^3) D Business tort/unfair business practice (07) CD Other real property (26) Enforcement of Judgment I I Enforcement of judgment (20) I I C i v i l r i g h t s ( 0 8 ) U n l a w f uUln l aD wfe u l tD aeitna i e n err I I Defamation (13) j j Commercial (31) Miscellaneous Miscellaneous Civil Complaint Civil Complaint I I Fraud (16) I 1 Residential (32) I I RIC O ( 2(27) 7) □ RICO □ Intellectual property (19) CH Drugs (38) □ Othercomplaintrno(spec»edal)ore;(42) I I Other complaint (not specified above) (42) □ Professional negligence (25) Jurtclal Review Miscellaneous M i s c e l l a nCivil e o u s CPetition ivil Petition l_J Other non-Plfl»D/WD tort (35) Asset forfeitgre (05) □ partnership and corporate governance I I Partnership and corporate governance(21) (21) II I I rdiuicidiKfj diiu uuipuiaic veniallue ^ \^=4Petrti Peto itionre:art)i n re: arttrati iltratotonaward(1 n award1) (11)QQOther otherpeti pettiion (tf„ofspec/f ot specffife(/a/«,i edaiove; ^; (43) (43) I Wrongful termination (36) I I Writ of of mandate I I Writ mandate (02) (02) !✓! Other employment (15) I Other judicial review I Other judicial review(39) (39) 2. This case I I is I is not complex under rule 3.400 of the California Rules of Court, if the case is complex, mark the factors requiring exceptional judicial management: a. I I Large number of separately represented parties d. I I Large number of witnesses b. I I Extensive motion practice raising difficult or novel e. I I Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. CZl Substantial amount of documentary evidence f. I I Substantial postjudgment judicial supervision 3. Remedies sought (check ail that apply): a.! ✓! monetary b. I ✓ I nonmonetary; declaratory or injunctive relief c. 1^1 punitive 4. Number of causes of action (specify): Five (5) 5. This case I I is is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You m^yh^ fomnCM-015.) Date: September 5,2017 Joshua D. (jruenberg, Esq. ^ ^ \ (TYPE OR PRINT NAME) (SIGNATURETJlSJfi^ OR ^ORNEY FOR PARTY) NOTICE • Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result In sanctions. • File tills cover sheet in addition to any cover sheet required by local court rule. • If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. • Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. P a fl o 1 o f 2 Form Adopted for Mandatory Use Judidal Council of Cat'ifomia CM-010 [Rev. July 1.2007] CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30. 3.220, 3.400-3.403,3.740; CaL Standards of Judicial Administration, std. 3.10 w w w. c o u / t f / i f o . c a . g o v Josh D. Gruenberg (163281) Joshua P. Pang (296371) GRUENBERG LAW 2 1 5 5 F I R S T AV E N U E SAN DIEGO, CALIFORNIA 92101-2013 TELEPHONE; (619)230-1234 nsEP-i C I C O U R T SAV DIEGO COUNTY. CA TELECOPIER: (619) 230-1074 Attorneys for Plaintiff, TERESA SPEHAR S U P E R I O R C O U R T O F T H E S TAT E O F C A L I F O R N I A COUNTY OF SAN DIEGO, CENTRAL DIVISION TERESA SPEHAR, Ph.D, J.D„ an individual, Case No. 37^17^KM330^U^E^TL PLAINTIFF'S COMPLAINT FOR: Plaintiff, 1. GENDER DISCRIMINATION [Cal Gov't Code § 12940(a)]; 2 . FA I L U R E T O P R E V E N T SYNTHETIC GENOMICS, INC., a California corporation; and DOES 1 through 25, Inclusive, Defendants. DISCRIMINATION [Cal. Gov't Code § 12940(k)]; 3. FAILURE TO PROVIDE EQUAL PAY TO M E M B E R S O F T H E O P P O S I T E SEX [Cal. Lab. Code § 1197.5(a)]; 4. NEGLIGENT SUPERVISION; 5. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. [JURY TRIAL DEMANDED] COMES NOW THE PLAINTIFF, alleging against Defendants as follows: G E N E R A L A L L E G AT I O N S C O M M O N T O A L L C A U S E S O F A C T I O N Plaintiff, TERESA SPEHAR, Ph.D, J.D. (hereinafter "Plaintiff), is a natural person who is, and at all relevant times was, a resident of the United States and a domiciliary of the State of California. Plaintiff is informed and believes and thereon alleges that Defendant SYNTHETIC GENOMICS, INC. (hereinafter "Defendant" or "SYNTHETIC GENOMICS") is, and at all relevant times herein mentioned was, a California corporation doing business in the State of California, County of San Diego. The causes of action for damages herein stated PLAINTIFF'S COMPLAINT FOR DAMAGES GRUENBERG LAW 2155 FIRST AVENUE SAN DIEGO. CALIFORNIA 92101-2013 10. are within the jurisdiction of this Court. Plaintiff is ignorant of the true names and capacities of the defendants sued herein as DOES to 25, and therefore sues these defendants by such ?ctitious names. Plaintiff will amend this complaint to allege the true names and capacities when they are ascertained. Plaintiff is informed and believes and thereon alleges that each ?ctitiously named Defendant is responsible in some manner for the occurrences herein alleged, and Plaintiff?s injuries and damages as herein alleged are directly, proximately and/or legally caused by Defendant. Plaintiff is informed and believes and thereon alleges that the aforementioned DOES are somehow responsible for the acts alleged herein as the agents, employers, representatives or employees of other named Defendant, and in doing the acts herein alleged were acting within the scope of their agency, employment or representative capacity of said named Defendant. The unlawful employment practices complained of herein occurred in San Diego County, State of California. The tortious acts and omissions alleged to have occurred herein were performed by management level employees of defendants. Defendant had constructive knowledge of the tortious acts and/or omissions alleged herein as the result of participating in the wrongful acts or of ratifying or af?nning the acts once heard or known of. - Defendant committed the acts alleged herein maliciously, fraudulently, oppressively, and with the wrongful intention of injuring Plaintiff, and acted with an improper and evil motive amounting to malice or despicable conduct. Alternatively, Defendant?s wrongful conduct was carried out with a conscious disregard for Plaintiff?s rights. Such tortious acts were authorized or rati?ed by upper-level managerial employees of Defendant. The actions of Defendant against the Plaintiff constitute unlawful practices in violation of California law, and have caused, and will continue to cause Plaintiff loss of earnings, loss of employment bene?ts, and other losses in amounts to be proven at trial. COMPLAINT FOR DAMAGES 2 1 11. As a further proximate result of the unlawful actions of Defendant and its agents, against 2 Plaintiff as alleged herein. Plaintiff has been harmed in that she has suffered emotional 3 pain, humiliation, mental anguish, anxiety, loss of enjoyment of life, and emotional 4 distress, and reputational damage. 5 12. Plaintiff seeks compensatory damages, punitive damages, costs of suit herein, and 6 attorney's fees pursuant to California Government Code section 12940. 7 13. 7 1 3Plaintiff . filed a complaint with the Department of Fair Employment and Housing on 8 September 6,2017, and on that same day received a Right-To-Sue Letter, collectively 9 attached hereto as "Exhibit A." 10 SPECIFIC FACTUAL A L L E G AT I O N S 1 1 14. 11 1 4Plaintiff . re-alleges and incorporates by reference each and every allegation contained in 12 the preceding paragraphs as though fully set forth herein. 13 PlaintifPs Stellar Career With Defendant 1 4 15. 14 1 5 On . or around November 17,2008, Plaintiff began her employment with Defendant, as its 15 first in-house attomey, serving as Director of Intellectual Property. On or around 16 November 10, 2009, Plaintiff was promoted to Senior Director of Intellectual Property. 17 Then, on January 1, 2014, Plaintiff was promoted again, to Vice President of Intellectual 18 P r o p e r t y. 19 16. As VP of Intellectual Property, Plaintiff was charged with managing all aspects of 20 Defendant's intellectual property, includmg overseeing Defendant's patent portfolio and 21 counseling management regarding IP issues. She also acted as liaison to the J. Craig 22 Venter Institute to protect synthetic biology advances in collaborations between the 23 organizations, as well as multiple corporate partnerships. 24 17. Plaintiff is one of Defendant's most senior employees, with a tenure of over SVz years. 25 Plaintiff has established Defendant's IP portfolio from the ground up, which has been 26 critical in every one of Defendant's partnerships and collaborations. Defendant's IP 27 portfolio is a meaningful and significant asset to the corporation due to Plaintiffs efforts. 28 As such. Plaintiffs role has grown to a trusted advisor to management and Defendant's PLAINTIFF'S COMPLAINT FOR DAMAGES 3 19. PlaintiflTs success is notable in an environment dominated by men in a "Boys' Club", and an organization where women are routinely discriminated against in hiring, promotion, retention, and inclusion - all most notably at senior levels. 20. Plaintiff was one of a disproportionately small number of women in positions of authority, watching women progressively flee the organization over the years as a result of Defendant's discriminatoiy practices. Plaintiff has seen this behavior worsen significantly over the last 2 to 3 years. 21. Defendant maintains a workplace where its leadership is predominantly male-dominated throughout the Director, Senior Director, and Executive levels. Out of the team of Defendant's 14 executives. Plaintiff was only one of two women at this level. The other woman is Natasha Bowman, Vice President of Human Resources. 22. Moreover, Defendant is aware of this problem, as an analysis and report was presented to Defendant's Board of Directors. Defendant, however, has not taken any tangible steps to remedy this situation. Moreover, the findings of this report have never been disseminated or even discussed amongst management in efforts to improve. PLAINTIFF'S COMPLAINT FOR DAMAGES 4 23. The effect of Defendant's discriminatory practices are startling, as reflected in the representation of women at senior levels: a. C-level 0% female (0/7 total) b. VP level 22% female (2 / 9) (including Plaintiff) c. Senior Director 23% female (3 / 13) d. Director 20% female (2/10) e. Senior Scientist 18% female (3 / 17) 8 24. Women working for Defendant are consistently not promoted despite performance above 9 and beyond their male counterparts. The ongoing pattern of Defendant's systemic failure 0 to promote women have caused some women to "give up" and leave the company. 1 25. Then, when open positions arise, women are consistently overlooked, while males are 2 immediately seen as replacements. 3 Defendant Does Not Provide Resources Equitably For Women, WhUe Simultaneously 4 Expecting More Of Women Than Similarly-Situated Men 5 26. Women working for Defendant, including Plaintiff, are consistently under-resourced and 6 understaffed, and subjected to discriminatory performance expectations in relation to 7 their male counterparts. Women are frequently found overburdened as compared to men 8 - often working evenings and weekends - while the executive hallway is empty, 9 commonly referred to by many as a "ghost town." Simply put. Defendant's bar for 0 success is higher for women. 1 27. On repeated occasions throughout her employment. Plaintiff requested additional 2 staffing, as it was necessary for her department to healthily function. Defendant was 3 aware of this need for additional staffing in Plaintiffs IP department. Instead, however, 4 Plaintiff was simply told she had been "too efficient," and was denied additional hires. 5 28. On the other hand, male-led departments are allowed to hire at will while 6 underperforming. Lame excuses are continually made for underperforming male-led 7 teams, who are publicly characterized by Defendant's executives as "overwhelmed" and 8 "needing to staff up." Those same teams, however, are privately acknowledged among by PLAINTIFF'S COMPLAINT FOR DAMAGES 5 1 the management team as "incompetent." 2 Plaintiff and Other Women Are Excluded From Some Meetings Altogether, And 3 Denigrated In Meetings Into Which They Are Actually Allowed 4 29. Moreover, even for the few women that somehow manage to advance to a leadership 5 role, they are constantly reminded of their subordinate position within a male-dominated 6 company. They are isolated and excluded from meetings. Then, when they are actually 7 allowed into meetings, they are either ignored altogether, or disproportionately 8 challenged and denigrated with gender-based stereotypes. 9 30. Indeed, Plaintiff was repeatedly excluded from critical executive meetings, 10 partnership/deal meetings, and decision-making processes - leaving only the males to 11 decide core Defendant matters behind closed doors. This is particularly striking since 12 Plaintiff is Defendant's only executive with extensive knowledge of IP matters, which is 13 critical to the function of the business, and functions as one of the most important 14 components of partnership agreements. 15 31. Multiple management members have commented to Plaintiff that it is "unbelievable" that 16 someone in Plaintiffs position would be excluded from such meetings, as intellectual 17 property is critical to Defendant's success. 18 32. Further, because there is no intellectual property representation in these "closed-door" 19 meetings, items relating to IP frequently were botched and then placed before Plaintiff to 20 fix or "review" at the last minute. As such, Plaintiff oftentimes had little contextual 21 background as to what caused these errors. 22 33. When Plaintiff is actually included in meetings, there have been several instances in 23 which Plaintiff was completely ignored after voicing a particular opinion. Then, however, 24 after a meile executive would repeat the identical opinion in the very same meeting, that 25 male would be openly praised. 26 34. On other occasions. Plaintiff was asked to prepare materials for executive meetings, and then subsequently excluded while others present and took credit for such work. 28 /// PLAINTIFF'S COMPLAINT FOR DAMAGES 6 GRUENBERG LAW 2155 FIRST AVENUE SAN DIEGO, CALIFORNIA 92101-2013 35. 36. 37. 38. 39. Defendant?s Executives Actively Engaged In Gender-Based Harassment That Leaves Women Feeling Isolated And Vulnerable Upon Plaintiffs information and belief, Defendant?s male executives openly made light of Defendant?s gender leadership inequality issue. On the evening of August 31, 2016, several of Defendant?s executives were present at a dinner meeting held with executive representatives of a major client, General Mills. Besides the now former Director of Nutritional Product Development, Michele Champagne, there were no other women present at this meeting. According to Champagne, who recounted the events to Plaintiff shortly thereafter, J. Craig Venter (Defendant?s Co-Founder, Chairman, and Co-Chief Scienti?c Of?cer) arrived at the meeting later, when everyone else was already present. Upon his arrival, everyone?s attention was ?xed on him. Prior to greeting anyone at the meeting, Venter saw Champagne and placed his arm around her, bringing her close into his upper body. Venter loudly said to Champagne, for everyone else to hear: ?Looks like you?re the only one without a penis words to that effect. Several meeting attendees laughed at Venter?s remark. Champagne told Plaintiff she was morti?ed and humiliated. Upon Plaintiff?s information and belief, despite the fact that several executives witnessed Venter?s offensive and inappropriate action, none of Defendant?s male employees raised a concern with Venter or Human Resources. Since Plaintiff was aware of the incident, Plaintiff kept waiting and expecting a discussion among management or at minimum an immediate re?esher or training on appropriate policies regarding gender discrimination and harassment. Instead, Champagne simply disappeared with no explanation and everything was ?swept under the rug.? In addition, Plaintiff has noticed a pattern where women end up leaving the company with a ?consulting agreement,? which is in effect a ?hush money? settlement payment to guarantee silence. Upon Plaintiff?s information and belief, little to no work is actually performed under such consulting agreements to explain corresponding continuing COMPLAINT FOR DAMAGES 7 1 payments. 2 40. Indeed, Plaintiff was offered exactly such a consulting / severance payment from 3 Defendant. 4 41. In many other instances throughout her employment, Plaintiff has heard Defendant's 5 leadership dismiss strong women in a discriminatory manner based on gender 6 stereotypes. Specifically, Plaintiff has heard of male leadership labeling particular women 7 as "moody," "having a bad day," "fiery," "typical redhead," "indecisive," "flaky," or 8 "confused." Other times, women are simply laughed at. In contrast, similar behavior 9 exhibited by men are characterized as "tough," "holding their ground," "presentmg 10 difficult terms," and "challenging." 11 D e f e n d a n t S u d d e n l y Te r m i n a t e d P l a i n t i f f F o r B o g u s R e a s o n s 12 42. On June 20,2017, Defendant's General Counsel, Rob Cutler, informed Plaintiff she was 13 being terminated. In terminating her. Cutler told Plaintiff she was "not happy." This is 14 false, as Plaintiff enjoyed the challenge of her job, and the relationships she had built 15 with her co-workers, and otherwise took tremendous pride in her work and the progress 1 6 o f t h e c o m p a n y. 17 43. Cutler also told Plaintiff that Todd Peterson (Chief Technology Officer) "did not trust" 18 her, and the relationship was "irreparable." This was also false. Plaintiff had never 19 previously heard Peterson utter a word with regard to her performance or abilities. 20 Further, when Plaintiff mentioned to Peterson directly this "lack of trust" was apparently 21 a reason for her termination, Peterson denied making such a statement. 22 44. Upon Plaintiff's information and belief, throughout Plaintiffs employment with 23 Defendant, Defendant paid Plaintiff less than many male employees for performing 24 substantially similar work, when viewed as a composite of skill, effort, and responsibihty. and which is performed under similar working conditions. 26 /// 27 /// 28 /// PLAINTIFF'S COMPLAINT FOR DAMAGES 8 1 FIRST 2 CAUSE GENDER 3 [Cal. Gov't OF ACTION D I S C R I M I N AT I O N Code §12940(a)] 4 45. Plaintiff re-alleges and incorporates herein by reference each and every allegation 5 contained in the proceeding paragraphs as though fully set forth herein. 6 46. Defendant discriminated against Plaintiff in the terms, conditions and privileges of her 7 employment. 8 47. Plaintiff believes and thereon alleges that her gender, female, was a motivating reason for 9 Defendant's discrimination against her. 10 48. Defendant's conduct of discriminating against Plaintiff on the basis of her gender 11 violated Cal. Gov't Code § 12940(a). C O § 12 49. As a direct, foreseeable, and proximate result of Defendant's conduct, Plaintiff has 0 N 13 sustained and continues to sustain substantial losses m earnings, employment benefits, < 1 14 employment opportunities, and Plaintiff has suffered other economic losses in an amount < 15 to be determined at time of trial. Plaintiff has sought to mitigate these damages. O 0 1 16 50. As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has z 17 suffered and continues to suffer humiliation, emotional distress, loss of reputation, 18 anxiety, and mental and physical pain and anguish, all to her damage in a sum to be 19 established according to proof. 20 51. As a result of Defendant's deliberate, outrageous, despicable conduct. Plaintiff is entitled 21 to recover punitive and exemplary damages in an amount commensurate with 22 Defendant's wrongful acts and sufficient to punish and deter future similar reprehensible 23 conduct. 24 52. In addition to such other damages as may properly be recovered herein. Plaintiff is entitled to recover prevailing party attorney's fees. 26 /// 27 /// 28 /// PLAINTIFF'S COMPLAINT FOR DAMAGES 9 1 SECOND 2 FAILURE 3 [Cal. CAUSE TO Gov't OF ACTION PREVENT Code D I S C R I M I N AT I O N §12940(k)l 4 53. Plaintiff re-alleges and incorporates by reference each and every allegation contained in 5 the preceding paragraphs as though fiilly set forth herein. 6 54. At all times mentioned herein, California Government Code section 12940 et seq. was in 7 full force and effect and was binding on Defendant. This section provide that it is 8 unlawful for Defendant, as an employer, to fail to take all reasonable steps necessary to 9 prevent discrimination from occurring. 10 55. Plaintiff was subjected to discrimination on the basis of her sex, as set forth herein. 11 56. Defendant failed to take reasonable steps to prevent the harassment and retaliation as 12 described herein. 13 57. As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has 14 sustained and continues to sustain substantial losses in earnings, employment benefits, 15 employment opportunities, and Plaintiff has suffered other economic losses in an amoimt 16 to be determined at time of trial. Plaintiff has sought to mitigate these damages. 17 58. As a direct, foreseeable, and proximate resuh of Defendant's conduct. Plaintiff has 18 suffered and continues to suffer humiliation, emotional distress, loss of reputation, 19 anxiety, and mental and physical pain and anguish, all to her damage in a sum to be 20 established according to proof 21 59. As a result of Defendant's deliberate, outrageous, despicable conduct. Plaintiff is entitled 22 to recover punitive and exemplary damages in an amount commensurate with 23 Defendant's wrongful acts and sufficient to punish and deter future similar reprehensible 24 conduct. 25 60. In addition to such other damages as may properly be recovered herem. Plaintiff is 26 entitled to recover prevailing party attorney fees and costs pursuant to Government Code 27 28 section 12965. /// PLAINTIFF'S COMPLAINT FOR DAMAGES 10 THIRD CAUSE OF ACTION FAILURE TO PROVIDE EQUAL PAY TO MEMBERS OF THE OPPOSITE SEX [Cal. Lab. Code § 1197.5(a)] Plaintiff re-alleges and incorporates by reference each and every allegation contained in the preceding and subsequent paragraphs as though fully set forth herein. Plaintiff performs substantially similar work, when viewed as a composite of skill, effort, and responsibility, and which is performed under similar working conditions, as Defendant's male employees. Plaintiff, as a female employee of Defendant, is paid less than Defendant's male employees who performed substantially similar work, as alleged herein. As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has sustained and continues to sustain substantial losses in earnings, employment benefits, employment opportunities, and Plaintiff has suffered other economic losses in an amount to be determined at time of trial. Plaintiff has sought to mitigate these damages. As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has suffered and continues to suffer humiliation, emotional distress, loss of reputation, anxiety, and mental and physical pain and anguish, all to her damage in a sum to be established according to proof In addition to such other damages as may properly be recovered herein, Plaintiff is entitled to recover attorney fees and costs pursuant to Labor Code sections 1197.5(g) and 218.5. Plaintiff is also entitled to recover, as liquidated damages, an amount equal to the balance of wages she is owed, pursuant to Labor Code section 1197.5(g). PLAINTIFF'S COMPLAINT FOR DAMAGES FOURTH CAUSE OF ACTION NEGLIGENT SUPERVISION 67. Plaintiff re-alleges and incorporates by reference each and every allegation contained in the preceding and subsequent paragraphs as though fully set forth herein. 68. Defendant's employee took action against Plaintiff in violation of California law, as set forth herein. 69. Defendant knew or should have known that this conduct was xinlawful and in violation of C a l i f o r n i a l a w, 70. Defendant failed to take steps necessary to prevent unlawful conduct, as described herein. 71. As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has sustained and continues to sustain substantial losses in earnings, employment benefits, employment opportunities, and Plaintiff has suffered other economic losses m an amount to be determined at time of trial. Plaintiff has sought to mitigate these damages. 72. As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has suffered and continues to suffer humiliation, emotional distress, loss of reputation, anxiety, and mental and physical pain and anguish, all to her damage in a sum to be established according to proof FIFTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 73. Plaintiff re-alleges and incorporates by reference each and every allegation contained in the preceding paragraphs as though fully set forth herein. 74. Defendant's intentional conduct, as set forth herein, was extreme and outrageous. 75. Defendant intended to cause Plaintiff to suffer extreme emotional distress. Plaintiff suffered extreme emotional distress. 76. As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has suffered and continues to suffer humiliation, emotional distress, loss of reputation, anxiety, and mental and physical pain and anguish, all to her damage in a sum to be established according to proof PLAINTIFF'S COMPLAINT FOR DAMAGES 12 WHEREFORE, Plaintiff prays for the following relief: 1. For compensatory damages in an amount according to proof; 2. For special damages in an amount according to proof; 3. For mental and emotional distress damages; 4. For punitive damages in an amount necessary to make an example of and to punish defendants, and to deter future similar misconduct; 5. For costs of suit; 6. For an award of interest, including prejudgment interest, at the legal rate as permitted by law; 7. For attorney's fees as permitted by law, including those available pursuant to Government Code section 12965; and 8. For such other and further relief as the Court deems proper and just under all the circumstances. PLAINTIFF TERESA SPEHAR demands a jury trial on all issues in this case. DATED: September , 2017 GRUENBERGLAW JOSHD. GRUENBE;^ JOSHLI^J^P^G ^ Attorneys for Plaintiff, TERESA SPEHAR PLAINTIFF'S COMPLAINT FOR DAMAGES 13 p\ SHOVKva -aoj IMIVI