DAN SIEGEL, SBN 56400 ANNE WEILLS, SBN 139845 EMILYROSE JOHNS, SBN 294319 MICAH SBN 316808 SIEGEL, YEE, BRUNNER 81 MEHTA 475 14th Street, Suite 500 ,Oakland, CA 94612 "Telephone: 510.839.1200 Telefax: 510.444.6698 Attorneys for Plaintiff ANNELIESE HARLANDER . ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 3/4/2019 2:42 PM- Alex Calvo, Clerk SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CRUZ ANNELIESE HARLANDER, Plaintiff, V. GOPAL BALAKRISHNAN, and DOE 1 through DOE 10, Defendants. Case No. COMPLAINT FOR DAMAGES Plaintiff AN ELIESE HARLANDER brings this complaint against defendants GOPAL BALAKRISHNAN, and DOE 1 through DOE 10 and alleges as follows: PRELIMINARY STATEMENT 1. ANNELIESE HARLANDER, a former student at the University of California, Santa Cruz (UCSC), brings this action for damages against GOPAL BALAKRISHNAN, and I assault BALAKRISHNAN committed against her. DOE 1 through DOE 10, based on injuries sustained by plaintiff as a result of the sexual arlander v. Balakrishnan, Case No. Complaint for Damages 1 JURISDICTION AND VENUE 2. The actions and events giving rise to this lawsuit occurred in the City of Santa Cruz, County of Santa Cruz, within the geographical jurisdiction of this Court. PARTIES 3. At all times relevant hereto plaintiff AN NELIESE HARLANDER was a recent graduate of UCSC, a citizen of the State of California, and a resident of Santa Cruz, California. 4. At all times relevant hereto, defendant GOPAL BALAKRISHNAN was a tenured faculty member at UCSC. 5. The true names and capacities of the defendants named herein as Does 1 through 10, inclusive, Whether individual, corporate, associate, or otherwise are unknown to plaintiff Harlander, who therefore sues such defendants by such ?ctitious names pursuant to Code of Civil Procedure 474. Harlander is informed, believes, and therefore alleges that each of the ?ctitiously named defendants is responsible in the manner set forth herein, or some other manner for the occurrences alleged herein and that the damages as alleged herein were proximately caused by their conduct. Harlander is informed, believes, and therefore alleges that each of the ?ctitiously named defendants is a California resident. Harlander will amend this complaint to show the true names and capacities of each of the ?ctitiously named defendants when such names and capacities have been determined. 6. Harlander is informed and believes and, based on that information and belief, alleges that at all times mentioned in this complaint, defendants were the agents and employees of their co?defendants, and in doing the things alleged in this complaint, were acting in the course and scope of such agency and employment. arlander v. Balakrishnan, Case No. Complaint for Damages 2 STATEMENT OF FACTS 7. Plaintiff AN NELIESE was an undergraduate student at UCSC from 2009 through 2013. She received her Bachelor of Arts degree with a major in Anthropology on June 13, 2013. Harlander's date of birth was January 16, 1991. I 8. - Defendant GOPAL BALAKRISHNAN is a professor of Humanities employed at UCSC. 9. Defendant BALAKRISHNAN is well known among fellow faculty members and undergraduate and graduate students who teach and/ or study Humanities at UCSC for his inappropriate and unethical behavior towards students. His actions have included providing students with unlawful drugs including cocaine, providing alCohol to female students in efforts to render them intoxicated and susceptible to his sexual advances, and efforts to impose himself sexually on female students. - 10. On or about June 18, 2013, plaintiff HARLANDER attended a graduation party at the home of a neighbor in Santa Cruz. Defendant BAIAKRISHNAN also attended the party and brought alcohol to share with recent graduates and students in attendance. 11. Plaintiff HARLANDER became obviously intoxicated as a result of drinking alcoholic beverages at the party and lapsed into unconsciousness. Defendant BALAKRISHNAN walked plaintiff back to her home and without her permission let himself into her residence. 12. Defendant BALAKRISHNAN without her permission or consent and by use of force to overcome her resistance removed plaintiff clothes as well as his own clothes and sexually assaulted her. Plaintiff HARLANDER did not consent to engaging in sexual activity with defendant BALAKRISHNAN and/or was incapable of consent to sexual activity dUe to her extreme intoxication. 13. Defendant actions against plaintiff HARLANDER constituted sexual battery within the meaning of Penal Code 243.4, rape or attempted rape Harlander v. Balakrishnan, Case No. Complaint for Damages 3 within the meaning of Penal Code 261, and forced oral copulation within the meaning of Penal Code 287. 14. As a direct result of defendant actions against plaintiff HARLANDER, plaintiff HARLANDER became mentally incapacitated within the meaning of California Code of Civil Procedure 52.4 as of June 18, 2013, and remained incapacitated and incapable of asserting her rights in this matter until September 2017. FIRST CLAIM FOR RELIEF SEXUAL ASSAULT . (Code of Civil Procedure {5 340.16) 15. Plaintiff refers to and incorporates by reference paragraphs 1?14 above as though fully set forth herein. 16. 'By virtue of the foregoing, defendant BALAKRISHNAN committed sexual assault on plaintiff HARLANDER. SECOND CLAIM FOR RELIEF VIOLATION OF THE RALPH CIVIL RIGHTS ACT OF 1976 (Civil Code 51.7) 17. Plaintiff refers to and incorporates by reference paragraphs 1?16 above as though fully set forth herein. 5 18. By virtue of the foregoing, defendant BALAKRISHNAN committed acts of violence and intimidation against plaintiff HARLANDER because of her sex. THIRD CLAIM FOR RELIEF - VIOLATION OF THE TOM BANE CIVIL RIGHTS ACT (Civil Code 52.1) 19. Plaintiff refers to and incorporates by reference paragraphs 1?18 above as though fully set forth herein. Harlander v. Balakrishnan, Case No. Complaint for Damages - 4 virtue of the foregoing, defendant BALAKRISHNAN committed sexual assault on plaintiff HARLANDER and thereby interfered by intimidation or coercion with plaintiff's rights to life, liberty, the pursuit of happiness, due process, and equal protection of the laws. DAMAGES 21. As a result of defendant's actions, AN NELIESE HARLANDER was harmed and suffered damages as follows: She suffered extreme physical and emotional distress and will suffer such physical and emotional distress in the future; She was unable to continue her studies or to maintain regular employment; (0) She incurred damages in the form of expenses for medical and care and will incur such expenses in the future; She suffered damages in the form of lost compensation and will suffer such damages in the future. 22. In taking the actions alleged above, defendant GOPAL BALAKRISHNAN engaged in conduct that was malicious, oppressive, and in reckless disregard of the rights of plaintiff HARLANDER. Accordingly, plaintiff is entitled to punitive damages against defendant BALAKRISHNAN. WHEREFORE, plaintiff ANNELIESE HARLANDER requests that this Court grant her relief as follows: (1) General damages for emotional and physical distress, pain, and suffering, in an amount to be determined; (2) Compensatory damages for lost income and loss of earning capacity, in an amount to be determined; Harlander v. Balakrishnan, Case No. Complaint for Damages 5 (3) Compensatory damages for past and future medical and care, in an amount to be determined; (4) Punitive damages in an amount to be determined; (5) Interest at the legal rate; (6) Attorneys' fees; (7) Costs of suit; and (8) Such other and further relief as the Court may deem proper. Dated: March 4, 2019 SIEGEL, YEEMBRUNNER MEHTA I Dan'Siegel Attorneys for Plaintiff ANNELIESE HARLANDER Harlander v. Balakrishnan, Case No. Complaint for Damages - 6