RAI-IUL (SBN 23 8405) SETI-II LAW FIRM I D. . uperlor Court of Callfornla 5015 Eagle Rock Blvd, Suite 202 county 0f R'Vers'de Los Angeles, CA 90041 6?24?201 9 B. Tucker T: (213) 254?2454 . . . By Fax Attorneys for Plaintiff, COMITE LATINO SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE COMITE LATINO, Case No.: PSC1904258 Plaintiff, COMPLAINT vs. 1. Violation of Civil Code 51 et seq. 2. Violation of Gov?t Code 11135 CITY OF INDIO, and DOES 1?25, Inclusive, DEMAND FOR JURY TRIAL Defendants. Plaintiff COMITE LATINO for its Complaint against Defendant CITY OF INDIO and DOES 1 through 25, and each of them, complains and alleges as follows: NATURE OF THE ACTION 1. This action is brought by Comite' Latino, an association, against the Ciw of Indio, for Violations of their rights to be free from discrimination in business establishments, deprivation of their rights to make and enforce contracts, and violations of their rights to be free from discrimination in a state funded facility or program. 2. City of Indio, (?Defendant? or ?Indio?) denied full and equal access of The Indio Senior Center (?Senior Center?) to Comite' Latino members in Violation of the fundamental public COMPLAINT policies embodied in the Unruh Civil Rights Act, specifically those policies prohibiting discrimination on the basis of ancestry and national origin. 3. City of Indio further denied Comite Latino members access to Senior Center facilities and activities after Comite? Latino members paid an annual membership or participation fees to the City of Indio in violation of Government Code 11135. 4. By way of this lawsuit, Comite? Latino seek injunctive relief giving them equal access to the Senior Center facilities and requiring City of 1ndio to create and enforce fair and equitable rules regarding the use of the Senior Center. PARTIES 5. Plaintiff Comite? Latino, is, and at all relevant times herein was, an association based in the County of Riverside, State of California. Comite? Latino is an association of Latino men, and all its members paid dues to the Senior Center. 6. Defendant City of Indio is, and at all relevant times mentioned herein, was a public government entity formed pursuant to California law. Plaintiff is informed and believes and thereon alleges the City of Indio receives state funds. 7. The true names and capacities of the Defendants named herein as Does 1 through 25, inclusive, whether individual, corporate, associate, or otherwise, are unknown to Plaintiff, who therefore sues such Defendants by fictitious names pursuant to Code of Civil Procedure section 474. Plaintiff is informed and believes, and thereon alleges, that each of the fictitiously named Defendant 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. 8. Plaintiff is informed and believes, and thereon alleges, that each of the fictitiously named Defendant is a California resident. Plaintiff will amend this complaint to show the true names and capacities of each of the fictitiously named Defendant when such names and capacities have been determined. 9. Plaintiff is informed and believes and thereon alleges that each of the Defendants was the agent, servant, employee, joint venturer, joint owner, joint tenant, community property 7 1.1 COMPLAINT owner, guarantor and/ or partner of each of the other co?Defendants, and in doing or failing to do the things alleged herein, each co?Defendant was acting within the scope of authority conferred upon that party by consent, approval and/ or ratification of each of the other co?Defendants, whether said authority was actual or apparent. ?Defendants,? as used hereinafter, means each and all of the Defendants, unless the context requires otherwise. FACTUAL ALLEGATIONS 10. Plaintiff Comite Latino members have been visiting the lndio Senior Center for many years, dating back to approximately 2012. 11. Comite' Latino members paid annual membership or participation fees to City of Indio in exchange for their utilization of the center facilities. 12. Among other activities, members of Comite' Latino have enjoyed the exercise room and the game room, where they particularly liked to play dominos and pool. The game room has included, at various times, up to three pool tables, two game tables (one of which is comfortable for senior participants), and several portable card tables that could be erected as needed. 13. In utilizing the Center facilities, members of Comite were able to find respite from the heat of the desert and to enjoy the company of their friends and neighbors who also used the Center?s facilities; indeed, some of these friendships they developed at the Center. 14. For a time, Comite' member?s recreation at the Center was uncontroversial, until Nancy Vance was hired or promoted to manager of the site. 15. From the inception of Vance?s management of the Center, Comite? members and their Latino counterparts have strongly felt Vance?s discriminatory animus toward them, bolstered by the support of supervisor Jim Curtis. 16. In addition to outwardly negative and personal behavior toward Comite? members, Vance, Curtis, and the other Center staff have also engaged in enforcement and other actions that indicate a disregard for traits and behaviors associated with Latino and Mexican culture. 17. After enduring months or years of this discriminatory behavior, Comite? members began voicing their opposition to discriminatory practices and refusing to submit to the Center?s discriminatory orders. COMPLAINT 18. When their requests for fair and nondiscriminatory treatment failed, Plaintiff members also contacted the media, staged peaceful demonstrations outside the Center, and recorded certain behavior and incidents in public spaces. 19. In response to Comite? Latino?s members? exercise of their rights, the Center?s discriminatory behavior also turned retaliatory. 20. Discriminatory and retaliatory actions that Vance and other Center staff and board members have taken against them include: a. Vance frequently ordered Comite? Latino members to stop playing their domino games before they finished, in order to allow white and/ or female patrons of the Center to use the domino tables. Further, Vance and the Center have refused to replace or lower the second game table, which is too high to be comfortably used. b. The Center regularly disciplines all Latino male participants with suspension or other penalty, based upon the allegedly bad behavior of one or two Latino male participants. This categorical group discipline style does not exist toward white and/ or female patrons c. The Center reprimands and/ or disciplines Latino male participants for the volume of their excitement and celebrations while playing dominos and pool with no regard for cultural sensitivities or other manners of volume control closing the game room doors). d. Center president or board member Silvia (surname unknown) told Comite? Latino members that they caused her to be embarrassed to be Mexican and that they should go to Mexico where they wouldn?t be treated so badly. e. The Center closed off the room to all games altogether starting approximately mid?April of 2019, after Plaintiffs refusal to give up their game table in the middle of a domino game to permit three women to play a different game. Soon after, in a meeting with several Comite? Latino members, Center management indicated that it would relocate the group of Latino men to use space in a building the Center which was purportedly owned by the Ciw. This allegedly ?separate but equal? space, however inappropriate, was never ultimately even opened or offered, in part because it burned down. .4. COMPLAINT 21. When Comite' Latino members realized that their multiple complaints to Center management were not only ineffective, but worse caused increasingly negative and retaliatory behavior, they elevated their complaints to City of Indio councilmembers and city management staff. 22. On or about June 2018, Comite? members met to raise their complaints with Indio City officials including Councilmember Troy Strange, Police Administrative Officer Ben Guitron, an outreach liaison believed to be Alex Franco; and community advocate Lynne O?Neill. 23. Despite several promises of quick resolution made in that meeting, nothing was resolved. 24. More recently, the City of Indio has diverted members of Comite? to the Indio Teen Center for an extremely limited window of time during which they are allowed to use the Teen Center facilities, and has indicated that it will renovate the game room to remove pool tables and domino tables. 25. At all relevant times, Defendant, and each of them, knew of Comite' Latino?s issues through their disclosures, and their requests for remedy including by resorting to the Senior Center manager and members of the City Council. Further, Defendant knew of Comite? Latino?s complaints against the Senior Center regarding discrimination because one of its managers worked in the Senior Center. FIRST CAUSE OF ACTION Violation of Civil Code 51 et seq. (Against All Defendants) 26. Plaintiff re?alleges and incorporates by reference each and every preceding paragraph of this complaint as though fully set forth herein. 27. California Civil Code section 51 61: 5661., also known as the Unruh Act, provides that all persons in this state are entitled to the ?full and equal accommodations, advantages, facilities, privileges, or services in business establishments of any kind whatsoever,? regardless of, inter alia, ancestry, primary language or national origin. 28. Plaintiff is informed and believes and thereon alleges that the aforementioned conduct of Defendant denied Plaintiff equal accommodations to Defendant?s facilities, based solely COMPLAINT upon Plaintiff?s ancestry and national origin or perceived ancestry and national origin (Mexican), and therefore constituted a violation of the Unruh Act. 29. As a proximate cause of Defendants? wrongful conduct as referenced above, Plaintiff suffered harm in that the members? civil rights were violated. 30. Plaintiff seeks statutory penalties and prevailing party attorneys fees. 31. Plaintiff seeks equitable relief including declaratory relief that Defendant violated Civil Code 51 as to treatment of Plaintiff and injunctive relief prohibiting Defendant from continuing to violate Civil Code 51 and also requiring Defendant to create and enforce fair and equitable rules regarding the use of the Senior Center. SECOND CAUSE OF ACTION Violation of Gov?t Code 11135 (Against All Defendants) 32. Plaintiff re?alleges and incorporates hereby by reference each and every preceding paragraph as though fully set forth herein. 33. Government Code 11135 provides in pertinent part that no person in the State of California shall, on the basis of ancestry, national origin, ethnic group identification, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is funded directly by the state or received any financial assistance from the state. 34. Government Code 11135(f) clarifies that any person who is perceived to have, or i. associated with someone who has, any of the characteristics listed under 11135 is also protected from discrimination in state?funded programs. 35. Plaintiff is informed and believes and thereon alleges that the aforementioned conduct of Defendant denied Comite? Latino?s full and equal access to the services, programs, and activities offered by Defendant to members of the Senior Center in violation of Government Code 1 1 135. 36. Defendant?s conduct denied other Comite members, who are ?associated with? members of Comite? Latino, an association, full and equal access to the services, programs, and activities offered in violation of 11135. COMPLAINT 37. As a direct and proximate result of The lndio Senior Center?s violation of Government Code 11135, individual members and Comite Latino have been injured as set forth herein. 38. Government Code 11139 states in pertinent part, ?This article and regulations adopted pursuant to this article may be enforced by a civil action for equitable relief, which shall be independent of any other rights and remedies.? 39. Plaintiff seeks equitable relief including declaratory relief that Defendant violated Government Code 11135 as to treatment of Plaintiff and injunctive relief prohibiting Defendant from continuing to violate Government Code 11135, and also requiring Defendant to create and enforce fair and equitable rules regarding the use of the Senior Center. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, jointly and severally, for all causes of action alleged herein, as follows: 1. For statutory penalties; 2. For statutory attorneys fees, including but not limited to C.C.P. 1021.5; 3. For declaratory relief; 4. For injunctive relief; 5. For costs; 6. For such other and further relief as the Court may deem proper and just. Dated: june 6, 2019 LAW FIRM ?at f] 611) [Cf ft, Rahul Sethi Attorneys for Plaintiff, COMITE LATINO .7. COMPLAINT DEMAND FOR JURY TRIAL Plaintiff COMITE LATINO hereby demands trial by jury. Dated: June 6, 2019 SETHI LAW FIRM BY [gun/ml) [CI/Ilka. RahuI Sethi Attorneys for Plaintiff, LATINO COMPLAINT CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Rahul Sethi (SBN 261539) SETHI LAW FIRM 5015 Eagle Rock Blvd., Suite 202 Los Angeles, CA 90041 TELEPHONE NO.: (213) 254?2454 FAX NO.: ATTORNEY FOR (Name): Plaintiff, COMITE LATINO SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE STREET ADDRESS: 3255 E. Tahquitz Canyon Way MAILING ADDRESS: (same) CITY AND ZIP CODE: Palm Springs, CA 92262 BRANCH NAME: Palm Springs Courthouse CASE NAME: Comite Latino V. City of Indio CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: IZ Unlimited Limited . PSC1904258 l:l Counter l:l JOInder (Amount (Amount JUDGE demanded demanded is Filed With first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: 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: Auto Tort Contract Provisionally Complex Civil Litigation l:l Auto (22) Breach of contract/warranty (06) (Cal. Rules Of Court, rules 3400?3403) Uninsured motorist (4o) Rule 3.740 collections (09) El regulation (03) Other (Personal Injury/Property Other collections (09) l:l Construction defect (10) Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40) l:l Asbegtos (04) l:l Other contract (37) Securities litigation (28) l:l liability (24) Real Property l:l Environmental/Toxic tort (30) l:l MediQal malpractice (45) Eminent domain/Inverse l:l Insurance coverage claims arising from the (23) condemnation (14) above listed provisionally complex case (Other) Tort Wrongful eviction (33) types (41) Busir(ess tort/unfair business practice (07) Other real property (26) Enforcement Of Judgment IE Civil ?ghts (08) Unlawful Detainer l:l Eni?l?emenl Oilu?lgmenl (20) l:l Defabnation (13) Commercial (31) Miscellaneous Civil Complaint Fraud (16) Residential (32) El (27) l:l Intell?lctual property (19) Drugs (38) Other complaint (not specrfled above) (42) l:l Professional negligence (25) Judicial Review Miscellaneous CIVII Petltlon l:l tort (35) Asset forfeiture (05) Partnership and corporate governance (21) Employment Petition re: arbitration award (1 1) Other petltlon (not speCI?ed above) (43) Wrorigful termination (36) Writ of mandate (02) l:l Othercemployment (15) Otherjudicial review (39) 2. This casea is IZI is not complex under rule 3.400 of the California Rules of Court. Ifthe case is complex, mark the factors requiring exceptional judicial management: l:l Large numberof separately represented parties d. Large numberof witnesses b. l:l Extensive motion practice raising difficult or novel e. 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 0. El amount of documentary evidence f. l:l Substantial postjudgmentjudicial supervision 3. RemediesE?sought (check all that apply): a. IZI monetary b. IZI nonmonetary; declaratory or injunctive relief 0. El punitive 4. Number of causes of action (specify): 2 5. This case Nl:lls IXI is not a class action suit. 6. Ifthere ar any known related cases, file and serve a notice of related case. (You may use form Cll/l- -015.) Date. June6, 2019 Rahul Sethi (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE Plaintiff file this cover sheet with the first paper filed In the action or proceeding (except small claims cases or cases filed under the robate Code, Family Code or Welfare and Institutions Code). (Cal. Rules of Court rule 3. 220.) Failure to file may result in sanctions. File this 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. Page 1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220, 3.400?3.403, 3.740; Judicial Council of California CIVIL CASE COVER SH EET Cal. Standards of Judicial Administration, std. 3.10 CM-01O [Rev. July 1, 2007] .. INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET 010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be ?led only with your initial paper. Failure to file a cover sheet with the first paper ?led in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identi?cation of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for?service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. in complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the Caiifornia Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. if a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400?3.403) Auto Injury/Property Breach of ContractNVarranty (O6) Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other (Personal lnjuryl Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal lnjuryl Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice? Physicians Surgeons Other Professional Health Care Malpractice Other (23) Premises Liability slip and fall) Intentional Bodily assault, vandalism) Intentional Infiiction of Emotional Distress Negligent Infliction of Emotional Distress Other (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights discrimination, false arrest) (not civil harassment) (08) Defamation slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-010 [Rev. July 1, 2007] Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach?Seller Plaintiff (not fraud or negligence) Negligent Breach of Contractl Warranty Other Breach of Contract/Warranty Collections money owed, open book accounts) (09) Collection Case?Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; othen/vise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ?Mandamus on Limited Court Case Matter Writ?Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal?Labor Commissioner Appeals CIVIL CASE COVER SHEET Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Othecr; Enforcement of Judgment ase Miscellaneous Civil Complaint RICO (27) Other Complaint (not speci?ed above) (42) Declaratory Reiief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case Other Civil Complaint Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence ElderlDependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2