Electronically FILED by Superior Court of California, County of Los Angeles on 06/19/2019 10:23 AM Sherri R. Carter, Executive Officer/Clerk of Court, by N. Alvarez,Deputy Clerk 19STCV21336 Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Malcolm Mackey GERAGOS 8: GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South ueroa Street Los Angeles. Cali ornla 90017-3411 5 Plaintiff JANE (?Plaintiff?) alleges as follows on personal knowledge as to herself and her own acts, and on information and belief as to all other matters: INTRODUCTION 1. As set out in detail below, Plaintiff?s dream of becoming a well?respected Talent Agent was quickly and cruelly dashed before it could even truly begin by a toxic, pervasive, and sexually abusive environment fomented by the senior management at one of the nation?s leading talent agencies, Defendant Agency for the Performing Arts, Inc., known as the APA Agency 2. Instead of working her way up from the ?mail room? (or in her case, from a senior Executive Assistant to the President/ CEO Jim Gosnell (?Gosnell?)) to Talent Agent as her male counterparts were permitted to do since time immemorial, Plaintiff was incessantly subjected to sexual advances, crude and obscene comments, and retaliation, not at the hands of underlings at APA, but by its most senior apex management. 3. culture promoted sexual harassment, discrimination, retaliation and sexual violence against its female employees. The men in power at APA were allowed to prey upon usually much younger female Subordinates, aided and abetted by Director of Human Resources and General Counsel, both females. 4. This was the result of the ?tone? being set from the top of the organization?Gosnell was a serial abuser himself, hurling invective (and trash cans and staplers when words failed him) at Plaintiff while she was his Executive Assistant. That, and he undermined the agency?s HR function by having an affair with its Director while Plaintiff was employed. 5. These powerful men felt so protected by APA and its senior management and HR and law departments, that they even brazenly put their actions into words, by texting Plaintiff vulgar and inappropriate comments with apparent impunity. Because of the nature of the allegations herein, Plaintiff is identi?ed by a pseudonym in order to preserve her confidentiallty and to avoid any potential opprobrium, pursuant to applicab 6 law, including Starbucks Corp. v. Superior Court (2008) 168 Cal.App.4?? 1436. -2- GERAGOS 8: GERAGOS, APC HISTORIC ENGINE CO. N0. 28 644 South Figueroa Street Los Angeles. Cali ornia 90017-3411 6. In behavior that shocks the conscience, Plaintiff was frequently subjected to crude sexual cormnents and overtures by the very apex of male management. For example, (and with apologies to the Court for having to reproduce word-for?word here the obscene abuse Plaintiff was subjected to), Defendant Humiston, Head of Music, texted Plaintiff comments such as the following: a. ?If you fuck me, I?ll convince [the] to pay you more money.? b. ?Your body is so hot, I?ve never seen it in a bikini. [Y]ou should come over to my pool.? And when Humiston wanted to retaliate against Plaintiff for rebuffing his unwanted advances, he turned even more disgusting and cruel: 0. ?You?re a fucking cunt must suck black cocks. . .to sign clients? and, (1. ?I?m going to get you fired bitch I know you suck pussy and 7. Humiston?s conduct would be enough to subject APA to liability. Unfortunately, he was just one of several powerful members of management team that ran amok and abused Plaintiff. Defendant Santana, the Vice President of Talent Department, also incessantly texted and verbally made sexually graphic remarks to Plaintiff, over her frequent objections, such as: a. . .you make me so horny. Right across from me all day all the thoughts are running through my head.? b. ?If I take you on a weekend getaway I could finally live out these fantasies I have for you.? c. . .come on Your ass looks so hot in those (1. ?Do you know how hard I am right now? All for you.? 8. predatory culture presented women such as Plaintiff in the pre-#metoo world with a cruel choice (which was in fact no choice at all)?suffer the abuse at the hands of those who could make or break careers, or complain and suffer retaliation and termination. 9. And to add ?injury to insult?, this was all done under the watchful of an HR department whose director was unable and unwilling to do her job and protect Plaintiff -3- GERAGOS 8: GERAGOS, APC HISTORIC ENGINE CO. NO. 28 1gueroa Street Los Angeles, Cal: ornla 90017-3411 644 South Fi 5 because she herself was in an inappropriate sexual relationship with President/CEO, and a female general counsel who cared more about protecting a key client relationship than protecting Plaintiff and enforcing the law. This explains precisely why Plaintiff?s frequent reporting of the abuse she suffered fell on deaf ears, and ultimately led to her being retaliated against and fired. 10. Having endured more than most humans could during her short tenure at APA, while still managing to succeed in this male?dominated agency, Plaintiff?s personal horror show culminated in her being sexually assaulted by an ?important? APA client?Defendant Michael Hammond (?Hammond?), the Chief Operating Of?cer of Collins Avenue Productions. When she dutifully reported the assault to APA, she was threatened company?s senior management and Office of the General Counsel, to not report it to law enforcement or she would be terminated. 11. It should come as no surprise that APA ultimately retaliated against Plaintiff, ?ring her on some trumped up, pretextual allegations having no basis in fact. This only months after APA conducted a fake ?investigation? of her allegations. And then in the ultimate act of intimidation and ?Chutzpah,? and to try to silence her, filed an arbitration claim against Plaintiff claiming that her reporting of abusive conduct constituted harassment of the agency! PARTIES 12. Plaintiff Jane Doe, at all relevant times, was an individual residing in Los Angeles County, California. 13. Defendant APA at all relevant times was a Delaware corporation registered to do business in the State of California. Founded in 1962, APA is one of the largest diversified talent agencies in Los Angeles, California, with headquarters in Beverly Hills, New York, Nashville and London. APA represents actors, writers, producers, showrunners, directors, performers, physical production services, film studios, and luxury and lifestyle brands across all media platforms worldwide, including well known past and current talent such as Aziz Ansari, Kevin Hart, Gary Oldman and Amy Schumer. At all times alleged herein, APA -4- GERAGOS GERAGOS, APC HISTOFHC ENGINE CO. NO. 23 _1fgueroa Street Los Angeles, Call ornla 90017-3411 644 South directly employed Plaintiff, as de?ned in the Fair Employment and Housing Act at Government Code ?12926(d). Further, APA compelled, coerced, aided, and abetted the discrimination and harassment, which is prohibited under Government Code ?12940(i). 14. Defendant Jim Gosnell (?Gosnell?), at all relevant times, was an individual residing in Los Angeles County, California and employed by APA at its headquarters in Beverly Hills. Gosnell is President and Chief Executive Of?cer. 15. Defendant Paul Santana (?Santana?), at all relevant times, was an individual residing in Los Angeles County, California and employed by APA at its headquarters in Beverly Hills. Santana is Vice President of Talent Department. 16. Defendant Josh Humiston (?Humiston?), at all relevant times, was an individual residing in Los Angeles, California and employed by APA at its headquarters in Beverly Hills. Humiston is a Partner at APA and the Head of Music Department. 17. Defendant Michael Hammond (?Hammond?), at all times was an individual residing in Los Angeles County, California and the Chief Operating Of?cer of Collins Avenue Productions (?Collins?), which is one of premier clients. Collins Avenue Productions is an American television production company headquartered in Los Angeles, California and owned by its Founder and CEO, Jeff Collins. At all relevant times herein alleged, Defendant APA encouraged, permitted and condoned Mr. Hammond?s conduct. Hammond reports directly to Collins. 18. Defendants DOES 1 to 50, inclusive are sued under ?ctitious names pursuant to Code of Civil Procedure 474. Plaintiff is informed and believes, and on that basis alleges, that each of the defendants sued under ?ctitious names is in some manner responsible for the wrongs and damages alleged below, and in so acting, was functioning as the agent, servant, partner, and employee of the co-defendants, and in taking the actions mentioned below, was acting within the course and scope of his or her authority as such agent, servant, partner, and employee with the permission and consent of the co-defendants. The named defendants and Doc defendants are sometimes hereafter referred to, collectively and/or individually, as ?defendants.? GERAGOS 8: GERAGOS, APC HISTORIC ENGINE co. NO. 25 644 South ueroa Street ?9 ornla 90017-3411 Los Angeles. Call 3 19. All defendants compelled, coerced, aided, and/or abetted the discrimination, retaliation, and harassment alleged in this Complaint, which conduct is prohibited under California Government Code ?12940(i). All defendants were responsible for the events and damages alleged herein, including on the following bases: defendants committed the acts alleged; at all relevant times, one or more of the defendants was the agent or employee, and/or acted under the control or supervision, of one or more of the remaining defendants, and, in committing the acts alleged, acted within the course and scope of such agency and employment and/or is or are otherwise liable for Plaintiff?s damages; at all relevant times, there existed a unity of ownership and interest between or among two or more defendants such that any individuality and separateness between or among two or more defendants has ceased and defendants are the alter egos of one another. Defendants exercised domination and control over one another to such an extent that any individuality or separateness of defendants does not, and at all times herein mentioned, did not exist. Adherence to the ?ction of the separate existence of defendants would permit abuse of the corporate privilege and would sanction fraud and promote injustice. All actions of defendants were taken by employees, supervisors, partners, executives, of?cers and directors during employment with all defendants, and were engaged in, authorized, rati?ed, and approved of by all other defendants. JURISDICTION AND VENUE 20. Venue is proper in this Court, as the conduct giving rise to lawsuit occurred in the County of Los Angeles, State of California. 21. The California Superior Court has jurisdiction over this action pursuant to California Constitution Article VI Section 10, which grants the Superior Court ?original jurisdiction in all causes except those given by statute to other trial courts.? No other basis for jurisdiction is implied. 22. Plaintiff is informed and believes and, based on such information and belief, alleges that this Court is the proper venue for trial because any and all causes of action accrued here, the named Defendants conduct business here and witnesses are located here. -6- GERAGOS GERAGOS, APC HISTORIC ENGINE 00. NO. 28 644 South Fi ueroa Street Los Angeles, Catitgornia 90017-3411 23. Plaintiff is informed and believes and, based on such information and belief, alleges that the intentional acts occurred here and that the remedies sought are within the Court?s jurisdiction as damages exceed the minimum amount for an unlimited case. 24. Plaintiff has timely filed a Notice of Complaint with the California Department of Fair Employment and Housing, and has received a Right to Sue Letter prior to the commencement and filing of this action. GENERAL ALLEGATION 25. Plaintiff?s deep family connections to the entertainment industry provided her, even at the beginning of her career, with unique access to top talent within the industry. Accordingly, Plaintiff committed herself to joining the entertainment industry by pursuing her dream job of becoming a Talent Agent. In May 2015, Plaintiff got her opportunity and was hired on as the Executive Assistant for Gosnell?the President and CEO of APA. 26. It was immediately apparent to everyone at APA that Plaintiff had a very promising future in the entertainment industry and would make an exemplary Talent Agent. At all times, Plaintiff went above and beyond the scope of her obligations and impressed her colleagues and clients alike with her attitude and work ethic. 27. Indeed, on numerous occasions, Gosnell praised Plaintiff?s work ethic commending her as a ?superstar? and noting that she had the likeability and temperament to succeed as a Talent Agent. Unsurprisingly then, Plaintiff regularly received exemplary oral ?performance reviews?, high verbal praise and bonuses throughout her career at APA. However, despite the accolades, Plaintiff quickly became the target of repeated unwanted and offensive, sexual harassment, which was overtly committed and condoned by APA. 28. Throughout Plaintiff? employment at APA, that is, from May 2015 to August 2018, several of executives and members of its management team, routinely subjected Plaintiff to despicable sexual conduct. Moreover, senior executives and members of its management team directly targeted and sexually propositioned Plaintiff on numerous occasions. These senior managers and partners later retaliated against Plaintiff GERAG OS 3: GERAGOS, APC HISTORIC ENGINE CO. No. 28 ueroa Street 644 South FIE Los Angeles. Cali ornia 90017-3411 3 because she would not engage in sexual acts, ultimately culminating in Plaintiff? termination at APA in August 2018. Humiston?s Unrelenting Campaign of Sexual Degradation Against Plaintiff Begins Almost Immediatelv After She is Hired bv APA 29. In early May 2015, Plaintiff became the target of Humiston?s sexual advances. One particular brazen attempt at sexual contact occurred within a matter of weeks after Plaintiff was hired at APA whereby Humiston?the Head of Music at APA?told Plaintiff: know your breasts are not real?, and then proceeded to reach out to squeeze Plaintiff?s breasts. Plaintiff moved out of the way in just enough time to avoid Humiston?s grasp. 30. Thereafter, and on a weekly, and sometimes even a daily basis, Humiston unabashedly asked and even demanded that Plaintiff have sexual intercourse with him. In addition, Humiston would repeatedly make offensive and disparaging remarks to Plaintiff such as: didn?t many a Jewish bitch like you because they don?t take it up the ass?, and ?If you don?t fuck me, you?ll never make agent?, and ?If I don?t like you, you?re gone and I?m getting you fired?, and think you should blow 31. Additionally, Humiston would text Plaintiff deeply disturbing and incredibly offensive comments, including the following messages in quotes below: a. ?If you fuck me I?ll convince Jim [Gosnell] to pay you more money? b. ?Your body is so hot I?ve never seen it in a bikini you should come over to my pooF? 0. ?You?re a fucking cunt[.] [Y]ou must suck black cocks like [a woman who worked at a different Talent Agency] to sign clients? (I. ?I?m going to get you ?red bitch. I know you suck pussy and cock like [a former colleague of Plaintiff? True and correct copies of these referenced and partially redacted text messages from Humiston to Plaintiff are attached hereto as ?Exhibit 2 The undersigned regrets having to reproduce in the pleading the vulgar language APA subjected Plaintiff to, and apologizes in advance to this Honorable Court for its necessity. GERAGOS GERAGOS, APC HISTORIC EN CO. NO. 28 ueroa Street 644 South ijg Los Angeles, Cali ornla 90017-3411 3 32. The fact that Humiston (and others at APA) felt brazen enough to put their bad behavior in writing is re?ective of how toxic, tolerant and protective culture of sexual and racial discrimination is. 33. Humiston?s sexually harassing and wildly inappropriate behavior toward Plaintiff continued throughout Plaintiff?s employment at APA, including numerous instances in which he made extremely offensive racial and sexual remarks, such as those listed in Paragraph above, and other comments like, won?t let you in the Music Department unless you fuck me?, and ?You?ll never be a Talent Agent unless you fuck me, I?m going to make sure of it?, and ?If you fuck me, maybe I?ll make you a Talent Agent?I control Jim Gosnell?so I decide?, and ?Your body is so hot, you should come over to my p001? and, ?show me your boobs, I know they aren?t real?. 34. Plaintiff repeatedly reported Humiston?s unwanted sexual harassment and boorish remarks to Gosnell and Head of Human Resources?Joanne Johnson . Johnson?)?but neither ever disciplined Humiston. Rather, Gosnell and J. Johnson condoned the conduct by dismissing Plaintist complaints and telling her that ?that?s just the way life is working in talent agencies? and that she ?better get used to it.? 35. In addition, and after nearly a year of working at APA, Plaintiff learned from J. Johnson that she and Gosnell maintained a sexual relationship spanning about ?fteen years. 36. Unfortunately, Humiston?s behavior was neither rogue nor isolated, but re?ective of toxic culture as embodied further by Gosnell. Gosnell Also Viciouslv Harassed and Physically Assaulted Plaintiff 37. In working as Gosnell?s Executive Assistant for nearly two years, Plaintiff was forced to endure Gosnell?s mood swings, which would frequently manifest themselves into violent, physical bursts of anger, including, on multiple occasions, with Gosnell referring to Plaintiff as a ?bitch? and a ?fucking cunt.? For example, in August 2016, Gosnell threw a glass of water at Plaintiff after berating her; in January 2017, Gosnell threw a trash can filled with trash and a glass at Plaintiff and called her a ?cunt?, and later that year, in December 2017, Gosnell threw a stapler at Plaintiff?s head and again berated her for two hours; and in GERAGOS GERAGOS, APC HISTORIC CO. NO. 28 .PUEFOE Street Los Angeles, Cali orma 90017-3411 644 South Fi January 2018, Gosnell threw a trashcan again at Plaintiff and called her a ?bitch? and an ?icy cold cunt.? Plaintiff reported this behavior to J. ohnson?the Head of HR at APA, but every time, Plaintist complaints were met with excuses, indifference or opaque warnings that if she continued to complain about such behavior, she would not advance at APA. 38. When Gosnell begrudgingly promoted Plaintiff on or about April 2017 to the position of Talent Agent3 at APA, he still found cruel ways to harass and retaliate against her, including, relocating her workspace (formerly outside of Gosnell?s of?ce) to her new ?office? in the of?ce real estate equivalent of Siberia?the kitchen?. This, of course, was done not only to demean Plaintiffsubordinate position so that she would be ?irther susceptible to advances by the power?il men at APA, who would then offer to ?rescue? her from the kitchen if she succumbed to their inappropriate sexual overtures. 39. For example, in May 2017, Humiston repeatedly told Plaintiff ?everyone needs to fuck me to advance? and ?to go back to the kitchen where women belong? and ?if you fuck me, maybe you?ll get an office?. Additionally, other executives and male colleagues at APA would belittle Plaintiff by: frequently interrupting and chatting with Plaintiff in her kitchen ?of?ce? while she tried to work; calling her ?Cinderella? and asking why she did not have her own office like all the other Talent Agents; and leaving dirty dishes and partially eaten food on her desk. Jim Osborne?APA?S Head of Talent?Is A Virulent Anti-Semite Who Occasionally Subiected Plaintiff to His Rants 40. In addition to the rampant sexual harassment that Plaintiff endured during her employment at APA, Plaintiff, who is Jewish, was subjected to various racially and religiously hostile remarks from various executives at APA, including Jim Osborne (?Osborne?)??a Partner at APA and the co-head of the Talent Department. 3 Gosnell initially promoted Plaintiff to Talent Agent in late 2016, but then reneged on that promotion in January 2017 as part of his retaliation against Plaintiff. Thereafter, Plaintiff was not promoted to Talent Agent until after she signed a music artist to APA in April 2017. 4 This was done despite the fact that there were plenty of other offices available at APA suitable for a Talent Agent such as Plaintiff. -10.. GERAGOS GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, Cali omla 90017-3411 3 41. On several occasions, Osborne would make remarks toward Plaintiff such as: ?You?re OK because you don?t look like a Jew?, and ?the Holocaust never happened?, and ?Hitler was a fabrication of the Jews?, and ?Jews are the reason the world is so fucked up?. 42. On another occasion in November 2017, Gosnell even told Plaintiff to ?take off [your] Star of David necklace because ?it doesn?t work for Thereafter, Gosnell proceeded to tell Plaintiff that one of his partnershLee Dinstman (who is ewish)??is such a penny pinching Jew that he?s going to take it to the grave? and that ?Lee?s cw-y cheapness drives me nuts.? 43. Plaintiff complained about the offensive Jewish remarks to J. Johnson?the Head of Human Resources?and another colleague of hers, but to Plaintiff?s knowledge, nothing was ever done to reprimand and/or otherwise address the misconduct. Rather, Plaintiff would simply receive excuses from J. Johnson for Osbome?s or Gosnell?s behavior. Santana?s Sexual Degradation of Plaintiff Rivals That of Humiston?s 44. Similar to her experiences with Humiston and Gosnell, Plaintiff became a frequent target of Santana?a Vice President within Talent Department. For the majority of Plaintiff 3 employment at APA, she sat diagonally outside of Santana?s of?ce such that he always had a View of her from his of?ce. As such, Santana would routinely make wildly inappropriate and sexually demeaning comments toward Plaintiff on a near daily basis, including comments such as: ?Your booty looks so hot today?, and ?you make me so hard? and ?if I take you on a vacation, I could ?nally live out my fantasies with you?, and ?does it pleasure you to know how hard you make me?, and ?what color lingerie are you wearing?, and ?do the curtains match the drapes?, and ?you make me so fucking horny?, and ?you have no idea about the thoughts that are running through my head while I?m thinking about you?you make me so horny sitting right across from me?. 45. Additionally, Santana would incessantly text Plaintiff sexually inappropriate and unwanted remarks, including the following messages in quotes below: a. ?[Plaintiff?s name] you make me so horny. Right across from me all day all the thoughts running through my head.? GERAGOS 8: GERAGOS, APC HISTORIC ENGINE CO. NO. 23 .Pueroa Street 0 644 South Fi Los Angeles, Call rnia 90017-3411 7 b. ?If I take you on a weekend getaway I could ?nally live out these fantasies I have for you? c. When Plaintiff texted I want you to stop NOW. You?re married and this is not wanted,? Mr. Santana?s response was: (1. ?Those are just logistics sexy et me deal with the wife? and e. ?[Plaintiff?s name] come on your ass looks so hot in those jean? and f. ?Do you know how hard I am right now? All for you.? True and correct copies of these referenced and partially redacted text messages from Santana to Plaintiff are attached hereto as ?Exhibit Plaintiff Regularly Reports The Inappropriate Sexual Conduct and Abuse That She Endures at APA to Gosnell and J. Johnson 46. During her entire tenure at APA, Plaintiff repeatedly reported the sexual abuse and harassment at the hands of executives to its CEO?Gosnell and head of Human Resources?I. Johnson. Neither did anything to stop the abusive behavior. Rather, Gosnell told Plaintiff that shejust had to ?put up with it?, that ?boys will be boys? and that if she ?couldn?t handle it?, then she ?wasn?t cut out for Agency life?. That is, if Plaintiff wanted to keep her job at APA, she was expected to tolerate the constant stream of sexual torment and abuse that she was routinely subjected to. APA Puts Plaintiff In Harm?s Way So That A Key Client?Defendant Hammond?Can Sexually Assault Her 47. Ultimately, the egregious sexual conduct promoted and condoned by APA, and its toxic culture, culminated in Plaintiff?s sexual assault by one of clients. In July 2017, Plaintiff was compelled by APA to attend a meeting with Hammond?one of top clients?in Hammond?s of?ce at Collins Avenue Productions. With the door closed to his of?ce, and under the guise of giving Plaintiff ?a hug?, Hammond thrusted himself onto Plaintiff with an erect penis, forcibly kissing her mouth while placing his hands on her hips and then sliding them up her chest and grabbing her breasts. Plaintiff was terri?ed and shaking during the encounter and was able to escape when there was a knock at Hammond?s -12- GERAGOS 3: GERAGOS, APC HISTORIC ENGINE 00. N0. 28 ueroa Street 644 South Fj? Los Angeles, Cali orma 90017-3411 office door by his secretary, prompting Plaintiff to immediately leave Hammond?s office and return to APA. 48. Plaintiff immediately reported Hammond?s sexual attack to Gosnell, J. Johnson, Osborne and APA Partner Hayden Meyer (?Meyer?). Both Gosnell and Meyer warned Plaintiff that if she reported the sexual assault to the police, she would be immediately ?red. When Gosnell informed General Counseleulia Johnson?about Hammond?s attack on Plaintiff, Julia Johnson verbally told Plaintiff that she needed to ?zip her lips? because ?Collins Avenue is a very important client to Thereafter, Plaintiff was forced by Meyer to continue working with Hammond. 49. Regrettably, Hammond?s harassment of Plaintiff continued. Less than two months after the sexual assault on Plaintiff, Hammond sent Plaintiff text messages such as ?I?m in your hood, I want to take you out for a drink?, and ?we are going to take over the world together sexy? and know you want me.? 50. In October 2017, a scandal erupted at APA when one of its former top Talent Agents was alleged to have sexually assaulted multiple minor boys. As a result, APA came under intense scrutiny. Accordingly, in November 2017, APA finally retained a ?third-party investigator? to investigate Plaintiffs complaints against Santana (and later, Humiston). 51. In December 2017, and before the investigator and lawyer hired by APA?Mattias Wagener (?Wagener?)?was initially scheduled to interview Plaintiff, Gosnell ordered Plaintiff to have ?memory loss? about Santana?s egregious conduct toward her over the years. In order to ?encourage? Plaintiff?s ?memory loss?, Gosnell withheld Plaintiff?s holiday bonus check, which had been regularly issued to her since she began her employment at APA. In January 2018, Gosnell also rescinded Plaintiff?s written employment offer that had recently been extended to Plaintiff (yet backdated to September 2017) in consideration of Plaintiff landing a big-named talent at APA earlier in September 2017. 52. Plaintiff eventually conducted her ?interview? with Wagener on or about ebrualy 6, 2018, with regard to her complaints about Santana?s repeated sexual harassment of her. But shockingly, when Plaintiff raised the fact that Humiston had also sexually -13- GERAGOS GERAGOS, APC HISTORIC ENGINE CO. N0. 28 644 South Figueroa Street Los Angeles, 03!] ornia 90017-3411 harassed her, Wagener shut the conversation down and told Plaintiff that he did not care to hear anything about Humiston?s alleged sexual harassment of her. In fact, Wagener told Plaintiff that any complaints about Humiston?s sexual harassment of Plaintiff were ?outside [his] scope? and that APA did not want to conduct an investigation into Humiston. 53. After Plaintiff?s initial ?interview? on February 6, 2018, she was immediately retaliated against by APA and ostracized as nearly everyone at APA stopped interacting with her. As part of Plaintiff?s isolation at APA, she was left out of meetings and calls with clients and stopped receiving valuable assistance with her projects. In addition, Plaintiff began working from home around this time, and continued to do so up until her termination in August 2018. That is, Plaintiff was not only isolated at APA, but also physically isolated in that she rarely came into of?ces after the investigations began. 54. Subsequent to Mr. Wagener?s ?interview? of her in February 2018, Plaintiff conducted a separate ?interview? with another investigator hired by APA?Julie Yannow (?Yannow?)?on March 8, 2018?in which Yannow and Plaintiff discussed Humiston?s sexual harassment of Plaintiff. 55. Plaintiff was never publicly informed of the outcome or ?ndings of either one of investigations into Santana or Humiston. Seven Months After The Initial ?Investigation? Into the Sexual Harassment Allegations Against Santana and Humiston, APA Retaliated Against Plaintiff Bv Terminating Her Employment 56. In late August 2018, APA terminated Plaintiff?s employment. Speci?cally, the co-Head of Human Resources?Michael Conway5 (?Conway?)?sent Plaintiff an email declaring that she was being let go from her employment at APA for reasons that had no merit in law or in fact and were entirely pretextual in nature. Plaintiff never had an opportunity to either meet in person with anyone at APA to discuss to her termination, or to even have a phone conversation with anyone at APA to discuss her termination. 5 Conway had been hired by APA as a co?Head of HR in October 2017 to assist J. Johnson with her duties when an underage sexual abuse scandal involvin one of top Talent Agents surfaced and brought with it immense public scrutiny, critique and media attention. -14- GERAGOS 8: GERAGOS, APC HISTORIC ENGINE CO. No. 28 644 South Figueroa Street Los Angeles, Cali ornia 90017-3411 3 57. APA terminated Plaintiff?s employment despite the fact that she successfully performed her duties and excelled in her performance throughout the entirety of her employment. Indeed, Plaintiff helped generate significant revenue for APA by landing several big-name talents during her employment. As a further result of mistreatment, which culminated in Plaintiff termination, Plaintiff, to this day, has been unable to secure new employment in the entertainment industry as a Talent Agent. FIRST CAUSE OF ACTION SEXUAL HARRASMENT California Civil Code 51.9 (By Plaintiff against Defendants APA, Gosnell, Humiston, Santana, and Does 1-5 0) 58. Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as though fully set forth herein. 59. California Civil Code section 51.9 provides, in pertinent part: A person is liable in a cause of action for sexual harassment under this section when the plaintiff proves all of the following elements: (l)There is a business, service, or professional relationship between the plaintiff and defendant. (2) The defendant has made sexual advances, solicitations, sexual requests, demands for sexual compliance by the plaintiff, or engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe. (3) There is an inability by the plaintiff to easily terminate the relationship. (4) The plaintiff has suffered or will suffer economic loss or disadvantage or personal injury, including, but not limited to, emotional distress or the violation of a statutory or constitutional right, as a result of the conduct described in paragraph (2). -15- GERAGOS GERAGOS, APC HISTORIC ENGINE CO. NO. 23 644 South Fi ueroa Street Los Angeles. Califdrnia 90017-3411 60. Defendant APA was in a business, service, or professional relationship with Plaintiff in which Plaintiff was unable to easily terminate the relationship due to her contractual obligations to Defendant APA. 61. As detailed above, Defendant agents, employees, and representatives, including Santana and Humiston, made sexual advances, solicitation, sexual requests, demands for sexual compliance by Plaintiff, and engaged in other verbal, visual, and physical conduct of a sexual and hostile nature based on gender that were unwelcome by Plaintiff and pervasive and severe. 62. Defendant representatives, including Santana and Humiston, engaged in such sexual harassment with the intent to cause unwanted, harmful and offensive contact to Plaintiff. As described above, Defendant representatives engaged in inappropriate conduct and created a hostile work environment for Plaintiff by sending her inappropriate text messages, by physically intimidating her with the intent to engage in sexual relations, and by creating a sexually hostile work environment. 63. Defendant APA ratified its agents, servants, employees, and authorized representatives? unlawful conduct and behavior as described herein by: (1) allowing a sexually abusive culture to exist in its Beverly Hills of?ce; (2) continuing to pay its agents, servants, employees, and authorized representatives despite knowledge of the unlawful conduct described herein; and (3) failing to report the unlawful conduct of any of its agents, servants, employees, and/or authorized representatives at any point to any authorities within or outside of APA. 64. As a direct and proximate cause of the tortious, unlawful, and wrongful acts of Defendant APA and its respective agents, servants, employees, and authorized representatives as aforesaid, Plaintiff has suffered past and future special damages and past and future general damages in an amount according to proof at trial. Plaintiff has been damaged emotionally and ?nancially, including but not limited to emotional suffering from emotional distress and ridicule, as well as loss of income, employment, and career bene?ts. -16- GERAGOS 8: GERAGOS, APC HISTORIC ENGINE CO. NO. 23 644 South ijgueroa Street Los Ange-lee, Call ornia 90017-3411 3 65. In engaging in the conduct as hereinabove alleged, Defendant APA and its agents, servants, employees, and authorized representatives acted with malice, fraud, and oppression and/or in conscious disregard to Plaintiff?s health, rights, and well?being, and intended to subject Plaintiff to unjust hardship, thereby warranting an assessment of punitive damages in an amount sufficient to punish Defendants and deter others from engaging in similar conduct. Plaintiff is entitled to an award of attorney?s fees against Defendants pursuant to California Civil Code section 52. SECOND CAUSE OF ACTION GENDER VIOLENCE California Civil Code 52.4 (By Plaintiff against Defendants APA, Gosnell, Humistoa, Santana, and Does 1-50) 66. Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as though fully set forth herein. 67. California Civil Code section 52.4 states that gender violence is a ?form of sex discrimination? and means any of the following; (1) One of more acts that would constitute a criminal offense under state law that has an element the use, attempted use, or threatened use of physical force against the person or property of another, committed at least in part based on the gender of the Victim, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction. (2) A physical intrusion or physical invasion of a sexual nature under coercive conditions, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction. 68. Defendants wrongfully deprived Plaintiff of her right to be free from any use of physical force, violence, or intimidation by threat of violence or use of physical force, committed against her person because of her sex and/or gender in violation of California Civil Code section 52.4. Plaintiff is informed and believes, and thereon alleges, that -17- GERAGOS 8: GERAGOS, APC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles. Cali ornia 90017-3411 Plaintiff gender was a motivating factor in Defendants? unlawful treatment of her, committed at least in part based on Plaintiff? gender. 69. Defendant APA rati?ed its agents, servants, employees, and authorized representatives? unlawful conduct and behavior was described herein by: (1) allowing a sexually abusive culture to exist in its Beverly Hills of?ce; (2) continuing to pay its agents, servants, employees, and authorized representatives despite knowledge of the unlawful conduct described herein; and (3) failing to report the unlawful conduct of any of its agents, servants, employees, and/or authorized representatives at any point to any authorities within or outside of APA. 70. As a direct and proximate cause of the tortious, unlawful, and wrongful acts of Defendant APA and its respective agents, servants, employees, and authorized representatives as aforesaid, as well as those acts of Hammond as herein alleged, Plaintiff has suffered past and future special damages and past and future general damages in an amount according to proof at trial. Plaintiff has been damaged emotionally and ?nancially, including but not limited to emotional suffering from emotional distress and ridicule, as well as loss of income, employment, and career bene?ts. 71. In engaging in the conduct as hereinabove alleged, Defendant APA and its agents, servants, employees, and authorized representatives, acted with malice, fraud, and oppression and/or in conscious disregard to Plaintiff?s health, rights, and well-being, and intended to subject Plaintiff to unjust hardship, thereby warranting an assessment of punitive damages in an amount suf?cient to punish Defendants and deter others from engaging in similar conduct. 72. Plaintiff is entitled to an award of statutory fees and attorneys? fees against Defendants pursuant to California Civil Code section -18- GERAGOS GERAGOS, APC HISTORIC ENGINE CO. NO. 23 644 Scuth Los Angeles. Cali ornia 90017-3411 ueroa Street 3 THIRD CAUSE OF ACTION CIVIL HARRASMENT California Code of Civil Procedure 527.6 (By Plaintiff against Defendants APA, Gosnell, Humiston, Santana, and Does 1-50) 73. Plaintiff incomorates by reference each and eveiy allegation set forth in the preceding paragraphs as though fully set forth herein. 74. .Defendants? conduct, as described above, was ?a knowing and willful course of conduct directed at a speci?c person that seriously alarms, annoys, or harasses the person and that serves no legitimate puipose,? thus constituting civil harassment under California Code of Civil Procedure section 75. Defendants? ?course of conduct [was] such as would cause a reasonable person to suffer substantial emotional distress, and [did] actually cause substantial emotional distress to the plaintif as required by California Code of Civil Procedure. 76. Defendant APA ratified its agents, servants, employees, and authorized representatives? unlawful conduct and behavior was described herein by: (1) allowing a sexually abusive culture to exist in its Beverly Hills office; (2) continuing to pay its agents, servants, employees, and authorized representatives despite knowledge of the unlawful conduct described herein; and (3) failing to report the unlawful conduct of any of its agents, servants, employees, and/or authorized representatives at any point to any authorities within or outside of APA. . 77. Plaintiff suffered severe emotional distress, including experiencing bouts of anxiety, depression and crying repeatedly at work, while also feeling guilty, ashamed, embarrassed, diminutive, powerless and helpless. Defendant APA, including its agents, servants, employees, and authorized representatives, was a substantial factor in causing Plaintiff?s severe emotional distress. 78. As a direct and proximate cause of the tortious, unlawful, and wrongful acts of Defendant APA and its respective agents, servants, employees, and authorized representatives as aforesaid, Plaintiff has suffered past and future special damages and past -19.. GERAGOS 8: GERAGOS, APC HISTORIC ENGINE CO. NO. 23 pueroa Street Los Angeles. Call ornla 9001743411 644 South Fi 9 and future general damages in an amount according to proof at trial. Plaintiff has been damaged emotionally and ?nancially, including but not limited to emotional suffering from emotional distress and ridicule, as well as loss of income, employment, and career bene?ts. 79. In engaging in the conduct as hereinabove alleged, Defendant APA and its agents, servants, employees, and authorized representatives, acted with malice, fraud, and oppression and/or in conscious disregard to Plaintiff?s health, rights, and well-being, and intended to subject Plaintiff to unjust hardship, thereby warranting an assessment of punitive damages in an amount sufficient to punish Defendants and deter others from engaging in similar conduct. FOURTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (By Plaintiff against Defendants APA, Gosnell, Hnmiston, Santana, Hammond, and Does 1-50) 80. Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as though fully set forth herein. Defendants? conduct as described above, was extreme and outrageous and beyond the bounds of decency tolerated in a civilized society. 82. Defendants? conduct was intended to cause Plaintiff emotional distress and Defendants acted with a reckless disregard to the probability that Plaintiff would suffer emotional distress, which Plaintiff did in fact suffer, including experiencing bouts of anxiety, depression and crying repeatedly at work, while also feeling guilty, ashamed, embarrassed, diminutive, powerless and helpless. 83. Defendant APA ratified its agents, servants, employees, and authorized representatives? unlawful conduct and behavior was described herein by: (1) allowing a sexually abusive culture to exist in its Beverly Hills of?ce; (2) continuing to pay its agents, servants, employees, and authorized representatives despite knowledge of the unlawful conduct described herein; and (3) failing to report the unlawful conduct of any of its agents, servants, employees, and/or authorized representatives at any point to any authorities within or outside of APA. -20- GERAGOS 8: GERAGOS, APC HISTORIC ENGINE CO. NO. 23 ,Pueroa Street Los Angeles, Call orma 90017-3411 644 South Fi 3 84. Plaintiff suffered severe emotional distress and Defendants? conduct, as herein, alleged, was a substantial factor in causing Plaintiff?s severe emotional distress. 85. As a direct and proximate cause of the tortious, unlawful, and wrongful acts of Defendant APA and its respective agents, servants, employees, and authorized representatives as aforesaid, and separately as for Hammond, Plaintiff has suffered past and future special damages and past and future general damages in an amount according to proof at trial. Plaintiff has been damaged emotionally and ?nancially, including but not limited to emotional suffering from emotional distress and ridicule, as well as loss of income, employment, and career benefits. 86. In engaging in the conduct as hereinabove alleged, Defendant APA and its agents, servants, employees, and authorized representatives, and separately as for Defendant Hammond, acted with malice, fraud, and oppression and/or in conscious disregard t0 Plaintiff?s health, rights, and well-being, and intended to subject Plaintiff to unjust hardship, thereby warranting an assessment of punitive damages in an amount suf?cient to punish Defendants and deter others from engaging in similar conduct. FIFTH CAUSE OF ACTION NEGLIGENT INF LICTION OF EMOTIONAL DISTRESS (By Plaintiffagainst Defendants APA, Gosnell, Humiston, Santana, Hammond, and Does I -5 0) 87. Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as though fully set forth herein. 88. Defendants owed a duty to use reasonable care in their conduct with regard to the health, safety, and rights of Plaintiff. It was foreseeable and probable that Plaintiff would suffer severe emotional distress from Defendants? conduct, as herein alleged, which resulted in Plaintiff experiencing bouts of anxiety, depression and crying repeatedly at work, while also feeling guilty, ashamed, embarrassed, diminutive, powerless and helpless. 89. Defendants were negligent by breaching the duty of care they owed to Plaintiff when Defendant APA and its agents, employees, and representatives, as well as Hammond, -21- GERAGOS 8: GERAGOS, APC HISTORIC ENGINE C0. NO. 23 644 South Fifg Los Angeles. Call ornIa 90017-3411 ueroa Street 3 abused, harassed, and insulted Plaintiff, and Defendant APA was aware of such conduct by its agents, employees, and representatives and allowed it to continue. 90. Defendant APA rati?ed its agents, servants, employees, and authorized representatives? unlawful conduct and behavior was described herein by: (1) allowing a sexually abusive culture to exist in its Beverly Hills of?ce; (2) continuing to pay its agents, servants, employees, and authorized representatives deSpite knowledge of the unlawful conduct described herein; and (3) failing to report the unlawful conduct of any of its agents, servants, employees, and/or authorized representatives at any point to any authorities within or outside of APA. 91. Plaintiff suffered severe emotional distress and Defendants were a substantial factor in causing Plaintiff?s severe emotional distress. 92. As a direct and proximate cause of the tortious, unlawful, and wrongful acts of Defendant APA and its respective agents, servants, employees, and authorized representatives as aforesaid, and separately as for Hammond, Plaintiff has suffered past and future special damages and past and future general damages in an amount according to proof at trial. Plaintiff has been damaged emotionally and financially, including but not limited to, emotional suffering from emotional distress and ridicule, as well as loss of income, employment, and career bene?ts. 93. In engaging in the conduct as hereinabove alleged, Defendant APA and its agents, servants, employees, and authorized representatives, and separately as for Hammond, acted with malice, fraud, and oppression and/or in conscious disregard to Plaintiff?s health, rights, and well-being, and intended to subject Plaintiff to unjust hardship, thereby wan'anting an assessment of punitive damages in an amount sufficient to punish Defendants and deter others from engaging in similar conduct. -22- GERAGOS 8: GERAGOS, APC HISTORIC ENGINE CO. No. 28 844 South ueroa Street 1,9 Los Angeles. Cali ornia 90017-3411 3 SIXTH CAUSE OF ACTION NEGLIGENT RETENTION AND SUPERVISION (By Plaintiff against Defendants APA and Does I -5 0) 94. Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as though fully set forth herein. 95. Defendant APA has a duty to retain employees who are ?t and competent, to supervise its employees, and to implement measures to protect third persons from the predictable and foreseeable risks posed by its employees. 96. Defendant APA knew, or in the exercise of reasonable diligence, should have known, that Plaintiff?s superiors and colleagues, and in particular Santana and Humiston, as herein alleged, were incompetent and un?t to perform the duties for which they were employed, and that undue risks to persons such as Plaintiff would result by way of their inappropriate conduct. The conduct of Plaintiff?s supervisors occurred in their capacity as employees of Defendant APA, and was done for the bene?t of Defendant APA. 97. Defendant APA was negligent by breaching the duty of care by retaining and failing to supervise Plaintiff?s supervisors and colleagues, all of whom had known propensities for unlawful behavior including abuse, harassment, and misconduct towards females with whom they worked. The conduct towards Plaintiff was foreseeable based on Defendant male employees? treatment towards other female employees. Defendant APA had knowledge of such conduct. Defendant APA breached its duty of care by failing to implement measures to protect third persons from foreseeable risks, unreasonable risks of harm, and the recurrence of employee behavior of which it had prior notice. Instead, Defendant APA failed to terminate the above?named employees or take any disciplinaiy actions against them whatsoever and retained them and allowed them to continue victimizing Plaintiff so that it may continue to reap the ?nancial rewards of their conduct. 98. Defendant failure to train, supervise, terminate, or otherwise reprimand the above?mentioned employees was the direct and proximate cause of Plaintiff?s injuries. -23- GERAGOS 8: GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Los Angeles, Cali ornia SOON-3411 ueroa Street 3 Plaintiff has suffered past and future special damages and past and future general damages in an amount according to proof at trial. 99. Plaintiff has been damaged physically, emotionally, and ?nancially, including, but not limited to suffering from pain, anxiety, depression, emotional distress, ridicule, as well as loss of health, income, employment, and career bene?ts. SEVENTH CAUSE OF ACTION RETALIATION (By Plaintiff against Defendant APA and Does I -5 0) 100. Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as though ?illy set forth herein. 101. Plaintiff opposed the sexual harassment, discrimination, and other offensive conduct as described herein by reporting the conduct, and demanding that it be stopped. 102. APA failed to address Plaintiff?s complaints in any meaningful or satisfactory manner, and frequently callously dismissing or trivializing Plaintiff?s complaints. Further, APA reluctantly initiated an ?investigation? into Plaintiff?s complaints, but nearly three (3) years a?er Plaintiff initially reported the sexual harassment and only after an unrelated matter prompted APA to take Plaintiff?s complaints more seriously. 103. The acts and/or omissions of APA materially and adversely affected the terms and conditions of Plaintiff?s employment, including: delaying and/or preventing Plaintiff from earning more money at APA, delaying and/or preventing her from advancing in her career, and ultimately, culminating in her termination at APA. 104. Plaintiff opposed the sexual harassment, discrimination, and other offensive conduct as described herein and reporting it was a motivating reason for her termination in violation of Government Code Section 12940 and for the continued harassment. 105. Defendant APA rati?ed its agents, servants, employees, and authorized representatives? unlawful conduct and behavior was described herein by: (1) allowing a sexually abusive culture to exist in its Beverly Hills office; (2) continuing to pay its agents, servants, employees, and authorized representatives deSpite knowledge of the unlawful -24- GERAGOS 8x GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Fig Los Angeles. Call ornia 90017-3411 ueroa Street 3 conduct described herein; and (3) failing to report the unlawful conduct of any of its agents, servants, employees, and/or authorized representatives at any point to any authorities within or outside of APA. 106. The acts and/or omissions of Defendant APA caused Plaintiff to suffer harm and economic damages for loss of past and future earning and employee benefits, loss of earning capacity, loss of such employment related opportunities as the opportunity for advancement and promotion within Defendant APA, in amounts according to proof at trial. 107. In engaging in the conduct as hereinabove alleged, Defendant APA and its agents, servants, employees, and authorized representatives acted with malice, fraud, and oppression and/or in conscious disregard to Plaintiff?s health, rights, and well?being, and intended to subject Plaintiff to unjust hardship, thereby warranting an assessment of punitive damages in an amount sufficient to punish Defendant APA and deter others from engaging in similar conduct. EIGHTH CAUSE OF ACTION WRONGFUL TERMINATION (By Plaintiff against Defendant APA and Does 1-50) 108. Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as though fully set forth herein. 109. Plaintiff was required to endure sexual harassment, discrimination, and other offensive conduct described herein during her employment with Defendant APA. 110. Defendant APA terminated Plaintiff?s employment on or around August 2018 based on pretextual grounds. 11]. Plaintiff?s gender and opposition to the sexual harassment, discrimination, and other offensive conduct described herein were motivating reasons for her termination. 112. Defendant APA was aware, or should have been aware, of the likelihood that Plaintiff would suffer severe emotional distress as a result of the above?described outrageous conduct. The outrageous and shocking conduct of Defendant APA and its employees, as -25- GERAGOS GERAGOS, APC HISTORIC ENGINE CO. NO. 25 644 South ueroa Street f? ornia 90017-3411 Los Angeles. Call 3 herein alleged, was done intentionally and for the purpose of in?icting extreme and severe emotional distress upon Plaintiff. 113. Defendant APA knowingly created and intentionally permitted these intolerable working conditions and failed to take appropriate remedial steps to protect Plaintiff from discrimination as well as the in?iction of the extreme and severe emotional distress upon Plaintiff. 114. Plaintiff was harmed and the requirement that she endures sexual harassment, discrimination, and other offensive conduct as described herein during the course of her employment was a substantial factor causing Plaintiff?s harm. 115. Further, Plaintiff was harmed in that she was terminated without notice, warning, or an opportunity to explain the so-called justification for her termination, all in violation of and inconsistent with Defendant own internal procedures and practices. 116. Plaintiff?s termination from her employment was rooted in violation of public policy embodied in California?s Fair Employment and Housing Act (FEHA), California Government Code 12940, et seq., California Constitution Art. 1, Section 8, and case law. 117. As a direct and proximate cause of the tortious, unlawful, and wrongful acts of Defendant APA and its respective agents, servants, employees, and authorized representatives as aforesaid, Plaintiff has suffered past and future special damages and past and future general damages in an amount according to proof at trial. Plaintiff has been damaged emotionally and ?nancially, including but not limited to emotional suffering from emotional distress and ridicule, as well as loss of income, employment, and career benefits. 118. In engaging in the conduct as hereinabove alleged, Defendant APA and its agents, servants, employees, and authorized representatives acted with malice, fraud, and oppression and/or in conscious disregard to Plaintiff?s health, rights, and well-being, and intended to subject Plaintiff to unjust hardship, thereby warranting an assessment of punitive damages in an amount sufficient to punish Defendants and deter others from engaging in similar conduct. -26- GERAGOS 8: GERAGOS, APC HISTORIC ENGINE CD. [40.25 644 South ueroa Street if ornla 90017-341 Los Angeles. Cal 3 NINTH CAUSE OF ACTION SEXUAL BATTERY (Plaintiff against Defendant Michael Hammond) 119. Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as though fully set forth herein. 120. Defendant Hammond engaged in sexual battery with the intent to cause harmful and offensive contact with Plaintiff?s intimate body parts. Hammond?s act directly resulted in sexually offensive contact. As described herein, Hammond thrusted himself onto Plaintiff with an erect penis, forcibly kissing her while reaching his hand around her waist and squeezing her breasts. 121. As a direct and proximate cause of the tortious, unlawful, and wrongful acts of Hammond, Plaintiff suffered past and future special damages and past and future general damages in an amount according to proof at trial. Plaintiff has been damaged emotionally and ?nancially, including but not limited to emotional suffering from emotional distress and ridicule, as well as loss of income, employment, and career benefits. 122. The unlawful acts and practices of Defendant were reckless and willful and cause great harm to Plaintiff. Given such intentional, vexatious, oppressive, despicable, and malicious conduct, and the conscious disregard of Plaintiff?s rights and well?being, Plaintiff is entitled to recover exemplary damages suf?cient to punish Defendant and to serve as an example to deter Defendant from similar conduct in the future. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests for judgment to be entered upon Defendants APA, Jim Gosnell, Josh Humiston, Paul Santana, Michael Hammond, and DOES 1 through 50, inclusive, as follows: 1. For general damages, according to proof, on each cause of action for which such damages are available; 2. For special damages according to proof, on each cause of action for which such damages are available; -27- GERAGOS 8: GERAGOS, APC H13TDFEIC ENGINE CO. NO. 23 644 South Los Angeles, Call ueroa Street Ornia 90017?341 1 3' 3. For compensatory damages, according to proof, on each cause of action for which such damages are available; 4. For punitive damages, according to proof, on each cause of action for which such damages are available; 5. For pre-j udgment and post?judgment interest according to law; 6. For reasonable attorneys? fees incurred in this action on those causes of action for which such fees are recoverable under the law; 7. For costs of suit incurred in this action; and 8. For such other and further relief as the Court may deem proper and just. DEMAND FOR JURY TRIAL Plaintiff hereby demands ajury trial on all causes of action. DATED: June 18, 2019 GERAGOS GERAGOS, APC BY: BEN J. MEISELAS MATTHEW M. HOESLY MATTHEW VALLEJO A troriieys for Pla in ti?r, JANE DOE ZUMPANO PATRICIOS POPOK PLLC MICHAEL S. POPOK Attorneysfor Plaintiff, JANE DOE (Pro Hac Vice Motion Pending) -28- Exhibit 1 4?412019 Verizon 3:35 PM Messages Details ?l?ext Message Mai" 22, 2017, 5:19 PM ?Your body is so hot I've never seen it in a bikini you should come over to iiny pool If you fuck me I'll convince Jim to pay you more money you?re a fucking ount you must suck black cocks like to Sign clients lilm going to get you fired bitch I know you suck pussy and cock like - ..-..- {mat Exhibit 2 Paul - 5533533 -you make me so horny. Right across from me all day all the thoughts running through my head. If I take you on a weekend getaway - Could finally live out these fantasies .l have for you PAUL, want yau to stop NOW. You?re married and this is not wanted. Those are just logistics Sexy let me deal with the wife. -come on your ass war ttyou Yaw re II yuu know hard I am ah"? Haw? VERIFICATION FORM No.2 Veri?cation of Pleading (Code Civ. Proc., 446) Declaration under Penalty of Perjury Form (Code Civ. Proc., 446, 2015.5) by Party JANE DOE V. AGENCY FOR THE PERFORMING ARTS, INC. et. al. CASE TITLE Jane Doe I, declare. (Name) I am the Plal ntl?: in the above?entitled matter. have read the foregoing (pleading, e. complaint) and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein stated on information and belief, and, as to those matters, I believe it to be true. June 18, 2019 Los Angeles County, California. Executed on at I declare (or certify) under penalty of perjury that the foregoing is tme and correct. (Signature of Party)