Electronically FILED by Superior Court of California, County of Los Angeles on 10/18/2019 07:17 PM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Perez,Deputy Clerk 19STCV37335 Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: David Sotelo 1 2 3 4 5 6 7 8 9 Tasha Alyssa Hill THE HILL LAW FIRM (State Bar No. 301865) 5132 York Blvd. #50681 Los Angeles, CA 90042 424-282-3836 TashaHillLaw@gmail.com David S. Ratner (State Bar No. 3162670) DAVID RATNER LAW FIRM, LLP 33 Julianne Court Walnut Creek, CA 94595 415-817-1200 David@davidratnerlawfirm.com Attorneys for Plaintiff, DEIDRE FINLEY (AKA DEDREK FINLEY) 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF LOS ANGELES 13 14 15 DEIDRE FINLEY (AKA “DEDREK FINLEY”), an individual Case No.: COMPLAINT FOR DAMAGES: Plaintiff, 16 17 18 19 20 21 22 23 24 25 26 27 vs. ROSARIO DAWSON, an individual; ISABEL DAWSON, an individual; GREGORY DAWSON, an individual; and GUSTAVO VAZQUEZ, an individual. Defendants. 1. VIOLATION OF CALIFORNIA CIVIL RIGHTS ACT (CA CIV. CODE §51 UNRUH) 2. VIOLATION OF CALIFORNIA RALPH ACT (CA CIV. CODE §51.7) 3. VIOLATION OF CALIFORNIA BANE ACT (CA CIV. CODE §§52, 52.1) 4. ILLEGAL SELF-HELP EVICTION (CA CIV. CODE §§789.3, 1940.2(a)(3), 1159) 5. ASSAULT 6. BATTERY 7. TRESPASS 8. CONVERSION 9. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 10. NEGLIGENCE- PREMISES LIABILITY 11. NEGLIGENCE PER SE (CA CIV. CODE §1941.1, CA HEALTH AND SAFETY CODE §17920.3) 12. NUISANCE 28 28 1 COMPLAINT FOR DAMAGES 8 13. BREACH OF THE COVENANT OF QUIET ENJOYMENT (CA CIV. CODE §1927) 14. BREACH OF IMPLIED WARRANTY OF HABITABILITY 15. CONSTRUCTIVE EVICTION 16. RELIANCE 17. BREACH OF CONTRACT – EMPLOYMENT AND LEASE 18. FRAUD 19. VIOLATION OF LABOR CODE § 970 20. INTENTIONAL MISREPRESENTATION 21. HARASSMENT 22. VIOLATION OF CIV. CODE § 1954 9 DEMAND FOR JURY TRIAL 1 2 3 4 5 6 7 10 COMES NOW the Plaintiff, DEIDRE FINLEY (AKA DEDREK FINLEY), and for his claims 11 12 13 14 against defendants, ROSARIO DAWSON, ISABEL DAWSON, GREGORY DAWSON, and GUSTAVO VAZQUEZ, (hereinafter collectively “DEFENDANTS”) and each of them, pleads and alleges as follows: PARTIES 15 1. Plaintiff is, and at all relevant times hereinafter mentioned, was an individual over 18 years of 16 17 18 19 20 21 age and residing in the County of Los Angeles, State of California. 2. Defendant ROSARIO DAWSON is, and at all relevant times hereinafter mentioned, was an individual over 18 years of age and residing in the County of Los Angeles, State of California. 3. Defendant ISABEL DAWSON is, and at all relevant times hereinafter mentioned, was an individual over 18 years of age and residing in the County of Los Angeles, State of California. 4. Defendant GREGORY DAWSON is, and at all relevant times hereinafter mentioned, was an 22 23 24 25 individual over 18 years of age and residing in the County of Los Angeles, State of California. 5. Defendant GUSTAVO VASQUEZ is, and at all relevant times hereinafter mentioned, was an individual over 18 years of age and residing in the County of Los Angeles, State of California. /// 26 27 28 28 /// /// 2 COMPLAINT FOR DAMAGES JURISDICTION AND VENUE 1 2 6. This Court is the proper Court and this action is properly filed in the Superior Court for the 3 County of Los Angeles because the injuries complained of herein occurred at 5755 Beck Avenue, 4 North Hollywood, CA 91601 and Marina del Rey, CA 90292 in the County of Los Angeles. 5 7. 6 relevant times herein, was 5755 Beck Ave., North Hollywood, CA 91601. 7 8. 8 minimum jurisdictional limits of this Court. The premises where the acts alleged herein took place, and Plaintiff's place of residence at all The amount in controversy individually and collectively of all Plaintiff’s claims exceeds the FACTS 9 Plaintiff DEIDRE FINLEY (AKA DEDREK FINLEY) (hereinafter referred to as “Mr. 10 9. 11 Finley”) is a Transgender man who was employed by Rosario Dawson (hereinafter referred to as 12 “Rosario”) and resided in housing provided by Rosario, Isabel Dawson, and Gustavo Vazquez. 13 10. 14 mother; Gregory Dawson is (hereinafter referred to as “Gregory”) is Rosario’s stepfather; and 15 Gustavo Vazquez (hereinafter referred to as “Gustavo”) is Isabel’s brother. 16 11. 17 Angeles, to perform construction work for Rosario. Mr. Finley had previously worked for the 18 Dawson family in New York. At the time of the move, Mr. Finley was transitioning from female to 19 male. 20 12. 21 North Hollywood, CA 91601 (hereinafter referred to as “the premises”), as she was moving out of the 22 detached apartment that she occupied. The entire property located at 5755 Beck Ave, North 23 Hollywood, CA 91601 consists of a duplex and detached converted apartments in its curtilage. 24 13. 25 apartments as a Master Tenant, and subleases the multiple detached units of the premises. 26 14. 27 months, but Isabel ultimately convinced him to permanently relocate to Los Angeles with the promise 28 of a full-time job, stating that “Rosario will always need work” and “we will you find a place close to 28 Defendant Isabel Dawson (hereinafter referred to as “Isabel”) is Defendant Rosario Dawson’s On or about October 20, 2017, Isabel invited Mr. Finley to move from New York to Los Isabel insisted that Mr. Finley take over the sublease where Isabel lived at 5755 Beck Ave., To Mr. Finley’s knowledge and belief, Gustavo leases the entire house and its detached Initially, Mr. Finley intended to temporarily relocate to Los Angeles for approximately six (6) 3 COMPLAINT FOR DAMAGES 1 her house” for Mr. Finley to live. To further entice him to permanently relocate to Los Angeles, 2 Rosario gave him funds to facilitate his relocation. 3 15. 4 Defendants Rosario and Isabel, that Mr. Finley would provide Rosario construction services on 5 Rosario’s house in exchange for rent-free housing accommodations and a wage of $25 per hour. 6 16. 7 U-Haul, travelled across country, and left his support network in Beacon, New York to move to Los 8 Angeles. Mr. Finley incurred substantial debt in reliance on the family’s promises to provide him 9 steady employment and housing, which was Mr. Finley’s sole basis for his decision to move to Los Additionally, on or about October 2017, an agreement was negotiated between Mr. Finley and Relying on these promises, Mr. Finley placed his belongings in storage, sold his truck, rented a 10 Angeles. 11 17. 12 employee to renovate and remodel Rosario’s personal residence, receiving an hourly salary in addition 13 to housing in exchange for his labor. Rosario and Gregory acted in an immediate supervisory capacity 14 by overseeing Mr. Finley’s work product, assigning tasks, and reviewing Mr. Finley’s hours for 15 approval for payment. 16 18. 17 Ave., North Hollywood 91601; at the same time, Isabel moved out of the premises. Mr. Finley was 18 responsible for paying utilities, but per the agreement with Defendants, Mr. Finley was not required to 19 pay rent. 20 19. 21 bathroom in the toilet, the bathtub, and the floor due to an overflow from a drain pipe. Defendant 22 Gustavo Vazquez, failed to abate the uninhabitable conditions for the first two and a half months of 23 Mr. Finley’s tenancy, despite Mr. Finley’s multiple supplications to Gustavo that the situation needed 24 repair. 25 20. 26 Isabel, Gregory, and Gustavo (hereinafter collectively referred to as “the Dawson family”) as a 27 Transgender man. At the same time, Mr. Finley clearly, unequivocally, and unambiguously informed 28 them that they should forthwith call him “Dedrek” and use the pronouns “he / him / his” when 28 Per his agreement with Rosario and Isabel in late 2017, Mr. Finley was hired as a full-time On or about December 18, 2017, Mr. Finley moved into a detached apartment at 5755 Beck Upon moving into the premises, Isabel notified him that there was raw sewage all over the In or about December 2017, Mr. Finley officially “came out” as Transgender to Rosario, 4 COMPLAINT FOR DAMAGES 1 referring to him. The Dawson family had known Mr. Finley for approximately two (2) decades prior 2 to his coming out. 3 21. 4 multiple times each day, with deliberate indifference as to the appropriate way to address Mr. Finley. 5 Mr. Finley brought the misgendering and harassment to Rosario’s attention at least three times—and 6 Rosario was a witness to the misgendering and transphobic verbal abuse by Isabel and Gregory—but 7 Rosario, Mr. Finley’s employer, acted with deliberate indifference and did nothing to correct the 8 situation. 9 22. Immediately after Mr. Finley coming out as Transgender, the family misgendered him Gregory, as Mr. Finley’s immediate supervisor on the job, verbally denigrated Mr. Finley’s 10 gender identity by constantly misgendering him and emasculating him. Gregory would scream in Mr. 11 Finley’s face that “you’re not a man,” “a man wouldn’t work like this,” and “you only think you’re a 12 man,” degrading his gender identity on the job site. When Mr. Finley would cry from the 13 mistreatment, Gregory would say, “Men don’t cry,” as if to suggest Mr. Finley was not a man. 14 23. 15 him a “fucking idiot,” “you don’t know what you’re doing,” and “what’s wrong with you” with his 16 fists clenched; Mr. Finley feared that he would be physically attacked during these tirades. Rosario’s 17 daughter was a personal witness to Gregory’s misgendering and abusive statements. She continually 18 pled with Gregory not to misgender or otherwise degrade Mr. Finley’s gender identity, but Gregory 19 paid no attention and took no steps to correct his behavior. 20 24. 21 verbal abuse, misgendering, and harassment to Rosario’s attention, since Rosario was Mr. Finley’s 22 employer. Rosario was also a witness to the abuse, misgendering, and harassment. Although she was 23 privy to the continued misgendering and transphobic verbal abuse and epithets that Mr. Finley 24 experienced, she refused to act to end the abuse. Instead, in response to Mr. Finley’s complaints, 25 Rosario would respond to Mr. Finley, “You’re a grown woman.” When Mr. Finley responded that 26 Rosario was also misgendering him, she would shrug it off and reply, “Whatever.” 27 25. 28 She began ordering Mr. Finley to clean the house, although she was not his employer. Mr. Finley 28 Oftentimes, Gregory would scream at Mr. Finley just inches from Mr. Finley’s face, calling On at least three occasions during the course of his employment, Mr. Finley brought Gregory’s On or about the beginning of January 2018, Isabel came to the premises to pack her things. 5 COMPLAINT FOR DAMAGES 1 asked Isabel to leave him alone, as it was late at night. He requested that they talk about it in the 2 morning. Immediately, Isabel began denigrating Mr. Finley. Mr. Finley asked Isabel to stop 3 screaming at him and went into his room, locking the door. Isabel began screaming through the door, 4 “You think you’re a man, but you’re not a man.” Mr. Finley replied, “I don’t want to fight you,” to 5 which Isabel replied, “You’re not a man, you can fight me. We’re still two women, it’s not like you 6 can’t hit me because you’re a man.” Mr. Finley videotaped all this on his phone. 7 26. 8 issues and needed to lay off her cleaning crew and pool cleaner. Rosario and Mr. Finley agreed that 9 if he cut his wages from $25 per hour to $20 per hour, she would assign the cleaning and pool work to On or about February 2018, Rosario notified Mr. Finley that she was experiencing financial 10 him. Mr. Finley only agreed to the pay cut on the condition that he would be assigned those 11 additional duties with the associated additional paid hours. However, in violation of the agreement, 12 Mr. Finley was never assigned those tasks, yet nonetheless incurred a wage cut of $5 per hour. 13 27. 14 out as Transgender—Isabel sent Mr. Finley a text stating that Mr. Finley must vacate the residential 15 premises by May 1, 2018. Because a text message does not constitute sufficient notice to vacate, Mr. 16 Finley remained on the premises, albeit under uninhabitable conditions, as Mr. Finley was financially 17 incapable of renting other housing in Los Angeles or returning to New York. 18 28. 19 while Gregory was in New York, even though Mr. Finley had previously been told he would be 20 continuing Gregory’s work on building a wall at Rosario’s residence while Gregory was in New York. 21 Mr. Finley was deprived of access to Rosario’s residence, where he had left approximately $700 22 worth of his own tools because he believed that he would continue to work when Gregory returned 23 from New York. 24 29. 25 assigned any more work by the family. At no time was Mr. Finley given any warnings for poor work 26 performance, given a poor work evaluation, or notified that there were any issues whatsoever with 27 him as an employee, and no layoff notices were provided to Mr. Finley. Further, upon information 28 /// 28 On or about the end of February 2018—approximately two (2) months after Mr. Finley came On or about April 20, 2018, Mr. Finley was notified by the family that his hours would be cut After April 20, 2018, although he did not know it at the time, Mr. Finley would never be 6 COMPLAINT FOR DAMAGES 1 and belief, there was no shortage of work, as various projects that Mr. Finley was specifically hired to 2 perform and assigned remained unfinished. 3 30. 4 home that day at approximately 8:00 pm, he observed Rosario, Isabel, and Rosario’s minor daughter 5 outside Mr. Finley’s unit. Immediately upon Mr. Finley’s approach, they asked Mr. Finley to discuss 6 his plans to vacate the premises. Mr. Finley replied that he had been trying to make an appointment to 7 discuss the issue for the past week, but that the present moment was not a good time for a discussion, 8 as he was exhausted from his work day. Subsequently, Mr. Finley went into his room and closed the 9 door. On April 28, 2018, Mr. Finley continued to reside at the premises. When Mr. Finley came Without any warning, Isabel appeared at Mr. Finley’s window and began yelling at Mr. Finley 10 31. 11 that Mr. Finley’s air conditioning unit belonged to her. She further threatened Mr. Finley that if he 12 did not move out, she would physically attack him and kill his cat. She then ripped the screen off the 13 window and attempted to remove the venting tube from the air-conditioning unit. As Mr. Finley 14 stated that he is going to call the police, Isabel grabbed Mr. Finley’s arm with which he held his phone 15 and pulled Mr. Finley outside through the window by force and threw him to the ground. 16 32. 17 than Mr. Finley, got on top of Mr. Finley’s body and began punching him. While beating Mr. Finley, 18 Isabel screamed, “You’re not so much of a man now,” which was a clear and denigrating reference to 19 Mr. Finley’s gender identity. 20 33. 21 because of Rosario’s exclamation, Mr. Finley believed that Rosario was going to pull Isabel off of 22 him. However, Rosario, aiding and abetting Isabel’s wrongful behavior, sat down on top of Mr. 23 Finley, actively restraining him while he was on the ground to ensure that her mother could continue 24 battering him. 25 34. 26 this?” Still sitting on top of Mr. Finley’s body, Rosario responded “I paid for that phone,” and 27 continued to restrain him. 28 /// 28 Once Mr. Finley was lying helpless on the ground outside, Isabel, who is substantially larger While Isabel pummeled Mr. Finley, Rosario yelled, "Mom, stop being petty." Initially, While Mr. Finley was being beaten, he shouted to Rosario and Isabel, “Why are you doing 7 COMPLAINT FOR DAMAGES Just before the beating ended, either Isabel or Rosario stomped on Mr. Finley’s hand while 1 35. 2 punching him, and grabbed Mr. Finley’s phone. Rosario and Isabel then fled with Mr. Finley’s phone 3 in order to keep him from contacting police and emergency medical services. 4 4 cell phone, owned by him, contains the video of Isabel’s screaming and threats towards him in early 5 January, 2018. Mr. Finley believes that Isabel remains in possession and custody of his cell phone. 6 36. 7 paramedics, Mr. Finley scrambled inside the house and found Rosario's phone lying on the counter, 8 and used it to call 911. He then returned to his room and hid in fear until the police and the 9 paramedics arrived. This entire incident was a self-help eviction tactic to vacate Mr. Finley from the Mr. Finley’s LG Stylo Severely injured after the beating, and without any means by which to call the police or 10 premises. 11 37. 12 further treatment for the injuries inflicted on him during the assault and battery by Isabel and Rosario. 13 38. 14 against Isabel on April 29, 2018. 15 39. 16 and, without Mr. Finley’s consent, and as another illegal self-help eviction tactic, began to remove Mr. 17 Finley’s belongings from the premises so as to move her own possessions back in. Mr. Finley was 18 notified about Isabel Dawson’s actions and called the police before arriving home. The police 19 removed Isabel from the premises, and served Isabel with the restraining order. At the same time, 20 Gustavo, master tenant of the premises and Isabel’s brother, came outside and personally served Mr. 21 Finley with a Thirty-Day Notice to Quit. 22 40. 23 help tactics to evacuate Mr. Finley from the premises by turning off the gas (for which his unit had a 24 gas meter), refusing to turn the gas back on in spite of notice from Mr. Finley that he did not have gas 25 in his unit, and refusing to accept money for payment of the utility service from Mr. Finley. Although 26 Mr. Finley notified Gustavo in writing in or about mid-May, and several times thereafter, that he did 27 not have gas in his home, Gustavo refused to turn the gas on. For approximately five (5) months, Mr. 28 /// 28 After speaking to police, and being seen by paramedics, Mr. Finley went to the hospital to seek Based on the assault, battery, and threats, Mr. Finley was granted a temporary restraining order On or about May 1, 2018, while Mr. Finley was not at home, Isabel appeared on the property Furthermore, in approximately mid-May 2018, Gustavo aided and abetted Isabel’s illegal self- 8 COMPLAINT FOR DAMAGES 1 Finley was denied access to heat, hot water, and the ability to cook fresh meals. Mr. Finley paid his 2 utility bills to the family through Venmo, as per their agreement. 3 41. 4 for Mr. Finley in the unlawful detainer action on July 9, 2018 (Case No. 18PDUD01745). Gustavo 5 filed a second unlawful detainer action against Mr. Finley on September 7, 2018. However, because 6 Mr. Finley could no longer tolerate the deplorable conditions at the premises, Mr. Finley was 7 constructively evicted before a court hearing was held. 8 42. 9 to return to his home in New York. 10 An unlawful detainer was filed against Mr. Finley on June 19, 2018. Judgment was rendered Battered, humiliated, emotionally distressed and financially ruined, Mr. Finley has been unable /// 11 FIRST CAUSE OF ACTION 12 VIOLATION OF CALIFORNIA UNRUH CIVIL RIGHTS ACT – (CA CIV. CODE §51 -UNRUH) 13 14 DISCRIMINATION ON THE BASIS OF GENDER IDENTITY 15 (BY PLAINTIFF AGAINST ROSARIO DAWSON, ISABEL DAWSON, 16 AND GREGORY DAWSON) 17 43. PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 18 paragraphs above as if fully set forth herein. 19 44. 20 of them individually and collectively, denied PLAINTIFF full and equal accommodations, facilities, 21 privileges, advantages, and services strictly on the basis of PLAINTIFF’S gender identity when they 22 indiscriminately and arbitrarily misgendered, emasculated, threatened, battered, assaulted, falsely 23 imprisoned, and threatened Mr. Finley with violence in his own home. 24 45. 25 perception of PLAINTIFF’S gender identity. This is clear through their refusal to adhere to Mr. Finley’s 26 numerous supplications to the Dawson family to be identified and respected in accordance with Mr. 27 Finley’s gender identity. DEFENDANTS, and each of them, began their misconduct and degradation 28 of Mr. Finley shortly after he “came out” as a Transgender man in December 2017, as the Dawson 28 9 Defendants ROSARIO DAWSON, ISABEL DAWSON, and GREGORY DAWSON, and each The substantial motivating reason for all DEFENDANTS’ conduct was their knowledge and COMPLAINT FOR DAMAGES 1 family had had a long and respectful relationship with Mr. Finley for approximately two (2) decades 2 prior to his gender transition. 3 46. 4 suffered, and will continue to suffer, special damages to be proven at trial. 5 47. 6 suffered, and will continue to suffer, general damages, including but not limited to shock, 7 embarrassment, intimidation, physical distress and injury, humiliation, fear, stress and other damages 8 to be proven at the time of trial. 9 48. As a direct and proximate result of DEFENDANTS’ unlawful conduct, PLAINTIFF has As a direct and proximate result of DEFENDANTS’ unlawful conduct, PLAINTIFF has PLAINTIFF is informed and believe, and thereupon alleges, that DEFENDANTS, and each of 10 them, committed the acts herein alleged maliciously and oppressively in conscious disregard for 11 PLAINTIFF’S rights. PLAINTIFF is entitled to recover punitive and statutory damages in an amount 12 according to proof. 13 49. 14 retain attorneys in order to protect his rights. Accordingly, PLAINTIFF seeks the reasonable 15 attorney’s fees incurred in this litigation in an amount according to proof at trial and other relief as 16 requested in PLAINTIFF’S prayer for relief below. As a result of the conduct of DEFENDANTS, and each of them, PLAINTIFF was forced to 17 SECOND CAUSE OF ACTION 18 VIOLATION OF CALIFORNIA RALPH ACT – 19 (CA CIV. CODE §51.7) 20 (BY PLAINTIFF AGAINST DEFENDANTS ROSARIO DAWSON, ISABEL DAWSON, 21 AND GREGORY DAWSON) 22 50. 23 paragraphs above as if fully set forth herein. 24 51. 25 suffered, and will continue to suffer, special damages to be proven at trial. 26 52. 27 suffered, and will continue to suffer, general damages, including but not limited to shock, 28 /// 28 PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the As a direct and proximate result of DEFENDANTS’ unlawful conduct, PLAINTIFF has As a direct and proximate result of DEFENDANTS’ unlawful conduct, PLAINTIFF has 10 COMPLAINT FOR DAMAGES 1 embarrassment, intimidation, physical distress and injury, humiliation, fear, stress and other damages 2 to be proven at the time of trial. 3 53. 4 them, committed the acts herein alleged maliciously and oppressively in conscious disregard for 5 PLAINTIFF’S rights. PLAINTIFF is entitled to recover punitive and statutory damages in an amount 6 according to proof. 7 54. 8 retain attorneys in order to protect his rights. Accordingly, PLAINTIFF seeks the reasonable 9 attorney’s fees incurred in this litigation in an amount according to proof at trial and other relief as 10 PLAINTIFF is informed and believe, and thereupon alleges, that DEFENDANTS, and each of As a result of the conduct of DEFENDANTS, and each of them, PLAINTIFF was forced to requested in PLAINTIFF’S prayer for relief below. 11 THIRD CAUSE OF ACTION 12 VIOLATION OF CALIFORNIA BANE ACT (CA CIV. CODE §§52, 52.1) 13 (BY PLAINTIFF AGAINST ISABEL DAWSON, ROSARIO DAWSON, 14 AND GREGORY DAWSON) 15 55. 16 paragraphs above as if fully set forth herein. 17 56. 18 each of them, invidiously and maliciously violated PLAINTIFF’S rights guaranteed by the United 19 States Constitution, federal law, the California Constitution and the laws of the State of California by 20 means of threats, intimidation and coercion thereby violating California Civil Code §§52, 52.1(a)(b). 21 57. 22 deprived PLAINTIFF of his federal and state rights to be free from violence directly resulting from 23 the assertion of his freedom of speech in freely expressing his gender identity. 24 58. 25 suffered economic harm and other consequential damages in an amount according to proof at trial. 26 59. 27 suffered physical injury, severe emotional distress, humiliation, embarrassment, mental and emotional 28 distress and anxiety in an amount according to proof at trial. 28 PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the DEFENDANTS ISABEL DAWSON, ROSARIO DAWSON, and GREGORY DAWSON, and DEFENDANTS ISABEL DAWSON, ROSARIO DAWSON, and GREGORY DAWSON As a direct and proximate result of the unlawful conduct of DEFENDANTS, PLAINTIFF has As a direct and proximate result of DEFENDANTS’ unlawful conduct, PLAINTIFF has 11 COMPLAINT FOR DAMAGES DEFENDANTS’ conduct was willful, malicious, intentional, oppressive, reckless, and / or 1 60. 2 done in a willful and conscious disregard of PLAINTIFFS’ rights, welfare, and safety, thereby 3 justifying the award of punitive and exemplary damages in an amount to be determined at the time of 4 trial. FOURTH CAUSE OF ACTION 5 ILLEGAL SELF-HELP EVICTION (CA CIV. CODE §§789.3, 1940.2(a)(3), 1159) 6 7 (BY PLAINTIFF AGAINST ISABEL DAWSON, ROSARIO DAWSON, 8 AND GUSTAVO VAZQUEZ) 9 61. PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 10 paragraphs above as if fully set forth herein. 11 62. 12 PLAINTIFF has suffered economic harm and other consequential damages in an amount to be proven 13 at trial. 14 63. 15 suffered physical injury, severe emotional distress, humiliation, embarrassment, mental and emotional 16 distress and anxiety, economic harm and other consequential damages, all in an amount according to 17 proof at trial. 18 64. 19 retain attorneys in order to protect his rights. Accordingly, PLAINTIFF seeks the reasonable 20 attorney’s fees incurred in this litigation in an amount according to proof at trial and other relief as 21 requested in PLAINTIFF’S prayer for relief below. 22 65. 23 foregoing, PLAINTIFF is entitled to recover punitive and exemplary damages from DEFENDANTS 24 according to proof at trial. As a direct and proximate cause of DEFENDANTS’ wrongful and illegal conduct, As a direct and proximate result of DEFENDANTS’ unlawful conduct, PLAINTIFF has As a direct and proximate result of DEFENDANTS’ conduct, PLAINTIFF was forced to DEFENDANTS’ conduct was fraudulent, oppressive, and malicious. By virtue of the 25 FIFTH CAUSE OF ACTION 26 ASSAULT 27 (BY PLAINTIFF AGAINST ISABEL DAWSON, ROSARIO DAWSON, 28 AND GREGORY DAWSON) 28 12 COMPLAINT FOR DAMAGES 1 66. PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 2 paragraphs above as if fully set forth herein. 3 67. 4 imminent harmful or offensive contact with his person. 5 68. 6 suffered physical injury, severe emotional distress, humiliation, embarrassment, mental and emotional 7 distress and anxiety, and economic harm in an amount according to proof at trial. 8 69. 9 DEFENDANTS acted with conscious disregard of PLAINTIFF’S rights and feelings. As a result of DEFENDANTS’ acts, PLAINTIFF was placed in great apprehension of As a direct and proximate result of DEFENDANTS’ unlawful conduct, PLAINTIFF has DEFENDANTS’ conduct was willful, wanton, and malicious. At all relevant times, 10 70. DEFENDANTS acted with the knowledge of or with reckless disregard of the fact that their 11 conduct was certain to cause injury and / or humiliation to PLAINTIFF. PLAINTIFF is further 12 informed and believes that DEFENDANTS intended to cause fear, physical injury, and / or pain and 13 suffering to PLAINTIFF. 14 71. 15 from DEFENDANTS according to proof at trial. By virtue of the foregoing, PLAINTIFF is entitled to recover punitive and exemplary damages 16 SIXTH CAUSE OF ACTION 17 BATTERY 18 (BY PLAINTIFF AGAINST ISABEL DAWSON AND ROSARIO DAWSON) 19 72. 20 paragraphs above as if fully set forth herein. 21 73. 22 harmed and / or experienced offensive contact with his person. 23 74. 24 suffered physical injury, severe emotional distress, humiliation, embarrassment, mental and emotional 25 distress and anxiety, economic harm and other consequential damages, all in an amount according to 26 proof at trial. 27 75. 28 DEFENDANTS acted with conscious disregard of PLAINTIFF’S rights and feelings. 28 PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the As a direct and proximate result of DEFENDANTS’ conduct, PLAINTIFF was physically As a direct and proximate result of DEFENDANT’S unlawful conduct, PLAINTIFF has DEFENDANTS’ conduct was willful, wanton, and malicious. At all relevant times, 13 COMPLAINT FOR DAMAGES 1 DEFENDANTS also acted with the knowledge of or with reckless disregard for the fact that their 2 conduct was certain to cause injury and / or humiliation to PLAINTIFF. PLAINTIFF is further 3 informed and believes that DEFENDANTS intended to cause fear, physical injury, and / or pain and 4 suffering to PLAINTIFF. 5 76. 6 from DEFENDANTS according to proof at trial. By virtue of the foregoing, PLAINTIFF is entitled to recover punitive and exemplary damages 7 SEVENTH CAUSE OF ACTION 8 TRESPASS 9 (BY PLAINTIFF AGAINST ISABEL DAWSON AND ROSARIO DAWSON) 10 77. 11 paragraphs above as if fully set forth herein. 12 78. 13 or any valid privilege. 14 79. As a direct and proximate result of DEFENDANTS’ conduct, PLAINTIFF was harmed. 15 80. As a direct and proximate result of DEFENDANT’S unlawful conduct, PLAINTIFF has 16 suffered physical injury, severe emotional distress, humiliation, embarrassment, mental and emotional 17 distress and anxiety, economic harm and other consequential damages, all in an amount according to 18 proof at trial. 19 81. 20 DEFENDANTS acted with conscious disregard of PLAINTIFF’S rights and feelings. 21 DEFENDANTS also acted with the knowledge of or with reckless disregard for the fact that their 22 conduct was certain to cause injury and / or humiliation to PLAINTIFF. PLAINTIFF is further 23 informed and believes that DEFENDANTS intended to cause annoyance, discomfort, fear, physical 24 injury, and / or pain and suffering to PLAINTIFF. 25 82. 26 from DEFENDANTS according to proof at trial. 27 /// 28 /// 28 PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the DEFENDANTS intentionally entered PLAINTIFF’S curtilage without PLAINTIFF’S consent DEFENDANTS’ conduct was willful, wanton, and malicious. At all relevant times, By virtue of the foregoing, PLAINTIFF is entitled to recover punitive and exemplary damages 14 COMPLAINT FOR DAMAGES 1 EIGHTH CAUSE OF ACTION 2 CONVERSION 3 (BY PLAINTIFF AGAINST ISABEL DAWSON AND ROSARIO DAWSON) 4 83. PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 5 paragraphs above as if fully set forth herein. 6 84. 7 purchase a new cellular phone. 8 85. 9 foreseeable consequences of the harm that PLAINTIFF has suffered, and will continue to suffer, as a 10 result of the conversion, PLAINTIFF has incurred special damages in an amount according to proof at 11 trial. 12 86. 13 conduct, PLAINTIFF has suffered physical injury, severe emotional distress, humiliation, 14 embarrassment, mental and emotional distress and anxiety, economic harm and other consequential 15 damages, all in an amount according to proof at trial. 16 87. 17 from DEFENDANTS according to proof at trial. As a direct and proximate result of DEFENDANTS’ conduct, PLAINTIFF was forced to As a direct and proximate result of DEFENDANTS’ unlawful conduct, and the reasonably As a direct and proximate result of DEFENDANT’S unlawful, willful, wanton, and malicious By virtue of the foregoing, PLAINTIFF is entitled to recover punitive and exemplary damages 18 NINTH CAUSE OF ACTION 19 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 20 (BY PLAINTIFF AGAINST ISABEL DAWSON, ROSARIO DAWSON, AND GREGORY 21 DAWSON) 22 88. 23 paragraphs above as if fully set forth herein. 24 89. 25 disregard for PLAINTIFF’S rights and feelings, and with deliberate indifference to the certainty that 26 PLAINTIFF would suffer emotional distress. 27 90. 28 will continue to suffer severe mental anguish, humiliation, pain, severe emotional distress and 28 PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the DEFENDANTS’ conduct was extreme and outrageous. DEFENDANTS acted with reckless As a direct and proximate result of DEFENDANTS’ conduct, PLAINTIFF has suffered and 15 COMPLAINT FOR DAMAGES 1 physical distress. PLAINTIFF suffered, and will continue to suffer, general and special damages 2 suffered in an amount to be proven at trial. 3 91. 4 performed with conscious disregard for his rights and feelings. As a result, PLAINTIFF is entitled to 5 punitive and exemplary damages in an amount to be proven at trial. PLAINTIFF is informed and believes that DEFENDANTS’ outrageous conduct was 6 TENTH CAUSE OF ACTION 7 NEGLIGENCE - PREMISES LIABILITY 8 (BY PLAINTIFF AGAINST GUSTAVO VAZQUEZ) 9 92. PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 10 paragraphs above as if fully set forth herein. 11 93. 12 PLAINTIFF subleased. Therefore, DEFENDANT GUSTAVO VAZQUEZ controlled the property on 13 which PLAINTIFF was harmed. DEFENDANT was under a duty to manage and act reasonably to 14 control the property to prevent injury from violent guests on the property and to preserve the health 15 and safety of residents in dwelling units, including preventing exposure to raw sewage. 16 94. 17 allowed his sister, DEFENDANT ISABEL DAWSON, on the premises frequently, although she was 18 prone to violence, creating a risk to PLAINTIFF that he would be harmed. 19 95. 20 master tenant, PLAINTIFF incurred damages in an amount to be proven at trial. 21 96. 22 maintaining the property in such a manner that DEFENDANTS’ failure to prevent dangerous 23 conditions and persons from entering the property caused PLAINTIFF severe emotional distress, 24 physical manifestations of emotional distress, shock, embarrassment, loss of self-esteem, disgrace, 25 humiliation, powerlessness, and loss of enjoyment of life. PLAINTIFF'S severe emotional distress 26 prevents him from performing daily activities and obtaining the full enjoyment of life. PLAINTIFF 27 has incurred and will continue to incur expenses for psychological treatment therapy and counseling. 28 /// 28 DEFENDANT GUSTAVO VAZQUEZ was the Master Tenant of the property that Based on PLAINTIFF’S information and belief, DEFENDANT GUSTAVO VAZQUEZ As a direct and proximate cause of DEFENDANT GUSTAVO VAZQUEZ’ negligence as PLAINTIFF has suffered emotional distress as a result of the DEFENDANT’S negligence in 16 COMPLAINT FOR DAMAGES 1 97. DEFENDANT knew or should have known that his actions and failures would likely cause 2 such emotional distress to PLAINTIFF. 3 98. DEFENDANT was negligent in causing such emotional distress to PLAINTIFF. 4 99. As a result of DEFENDANT’S various acts, negligence, and omissions as stated heretofore, 5 PLAINTIFF has sustained emotional distress and seeks recompense in an amount to be proven at trial. 6 ELEVENTH CAUSE OF ACTION 7 NEGLIGENCE PER SE 8 (CA CIV. CODE §1941.1, CA HEALTH AND SAFETY CODE §17920.3) 9 (BY PLAINTIFF AGAINST DEFENDANT GUSTAVO VAZQUEZ) 10 100. 11 paragraphs above as if fully set forth herein. 12 101. 13 GUSTAVO VAZQUEZ owed Plaintiff the duties of care as set forth above. 14 102. 15 was subject to laws and health, safety, and housing regulations pertaining to habitability of dwelling 16 units, as set forth above and further, that such laws and regulations were intended to preserve the health 17 and safety of residents in dwelling units owned, operated, leased, and maintained by owners and 18 operators of housing. 19 103. 20 (persons leasing or renting dwelling units for residential purposes) for whose benefit those laws and 21 safety regulations were passed. 22 104. 23 GUSTAVO VAZQUEZ violated numerous state and municipal housing, health, and building and 24 safety codes and statutes, including, but not limited to, California Health and Safety Code §17920.3 25 and California Civil Code §1941.1, which officially denotes inadequate sanitation and sewage 26 disposal as a dangerous condition that makes a home substandard and uninhabitable. 27 105. 28 GUSTAVO VAZQUEZ managed and / or operated the premises located at 5755 Beck Ave., North 28 PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the PLAINTIFF is informed and believes and based thereon alleges that DEFENDANT PLAINTIFF is informed and believes and based thereon, alleges that GUSTAVO VAZQUEZ PLAINTIFF is informed and believes and based thereon, alleges that he is a member of a class PLAINTIFF is informed and believes and, based thereon, alleges that DEFENDANT PLAINTIFF is informed and believes and, based thereon alleges that DEFENDANT 17 COMPLAINT FOR DAMAGES 1 Hollywood, CA 91601 in a manner that substantially lacked the requirements of California 2 Government Code §17920.3 and California Civil Code §1941.1 regarding substandard conditions. 3 DEFENDANT did not adhere to the requirements of the law, which constituted violations of state 4 statutes and regulations that were specifically promulgated to protect the safety of tenants. 5 DEFENDANT’S failure to meet the state standards which endangered the life, limb, health, property, 6 safety or welfare of the public or the occupants of the dwelling and failure to repair the substandard 7 conditions was negligent as a matter of law. 8 106. 9 regulations were designed to prevent and PLAINTIFF falls within the class of persons of whom such The injury suffered in this case was an occurrence of the nature of which the state statutes and 10 statutes and regulations are intended to protect. 11 107. 12 damages and is entitled to recover compensatory damages in accordance to proof. 13 108. 14 type of harm that the laws and regulations were intended to prevent resulting in, without limitation, 15 physical, emotional, and financial harm, as set forth above, from the conduct of DEFENDANT 16 GUSTAVO VAZQUEZ, which was a substantial factor in causing that harm. As a direct and proximate result of DEFENDANT’S negligence per se, PLAINTIFF suffered PLAINTIFF is informed and believes and, based thereon, alleges that he suffered the same 17 TWELFTH CAUSE OF ACTION 18 NUISANCE 19 (BY PLAINTIFF AGAINST DEFENDANT GUSTAVO VAZQUEZ) 20 109. 21 paragraphs above as if fully set forth herein. 22 110. 23 to, the meaning of Civil Code §3479, et seq. DEFENDANT’S conduct substantially interfered with 24 PLAINTIFF’S safe, healthy, and comfortable enjoyment of his residence at 5755 Beck Ave., North 25 Hollywood, CA 91601. The defective, indecent, uninhabitable, and offensive conditions, which 26 included exposure to sewage, which prevented PLAINTIFF from being able to use the bathroom 27 facilities, and PLAINTIFF’S inability to live in a peaceful environment free of threats and violence, 28 were injurious to PLAINTIFF’S health and safety, eventually resulting in his constructive eviction. 28 PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the DEFENDANT negligently and intentionally caused to exist a nuisance within, but not limited 18 COMPLAINT FOR DAMAGES 1 111. DEFENDANT failed to adequately abate the nuisance, despite having notice of the same, as 2 required by law for approximately two months from December 2017 through the beginning of 3 February 2018. 4 112. 5 property damage in amounts to be determined at trial. 6 113. As a direct and proximate result thereof, PLAINTIFF has sustained general, special, and Pursuant to Civil Code §3501, PLAINTIFF brings this civil action for private nuisance. THIRTEENTH CAUSE OF ACTION 7 8 BREACH OF THE COVENANT OF QUIET ENJOYMENT 9 (CA CIV. CODE §1927) 10 (BY PLAINTIFF AGAINST DEFENDANT GUSTAVO VAZQUEZ) 11 114. 12 preceding paragraphs above as though set forth herein. 13 115. 14 PLAINTIFF, is a covenant that DEFENDANT will not interfere with PLAINTIFF’S quiet enjoyment 15 of the dwelling unit at 5755 Beck Ave., North Hollywood, CA 91601 during the term of his tenancy. 16 This covenant of quiet enjoyment is codified in California Civil Code §1927. 17 116. 18 but not limited to: his failure to repair habitability violations; failure to maintain the dwelling unit in a 19 habitable condition and in a condition consistent with the purpose for which it was rented; failure to 20 provide basic utility services; and failure to prevent DEFENDANTS ISABEL DAWSON and 21 ROSARIO DAWSON from entering the property to threaten violence and act violently towards 22 PLAINTIFF. 23 117. 24 enjoyment, the value of the leasehold held by PLAINTIFF has been materially diminished. 25 Furthermore, PLAINTIFF paid his rent in labor. As such, he provided full-time construction services 26 in exchange for an uninhabitable residence lacking gas, bathroom facilities, and a peaceful 27 environment free of harassment, threats, and violence. Therefore, PLAINTIFF has been injured in the 28 fair market value of the rent for the period of uninhabitability. 28 PLAINTIFF re-alleges, and incorporates by reference every allegation contained in the Implied in any residential agreement, including the one between DEFENDANT and DEFENDANT breached the implied covenant of quiet enjoyment as alleged herein, including, As a direct and proximate result of DEFENDANT’S breach of the covenant of quiet 19 COMPLAINT FOR DAMAGES 1 118. As a direct and proximate result of DEFENDANTS' breach of the covenant of quiet 2 enjoyment, PLAINTIFF has sustained general and special damages in an amount to be proven at trial. 3 FOURTEENTH CAUSE OF ACTION 4 BREACH OF IMPLIED WARRANTY OF HABITABILITY 5 (BY PLAINTIFF AGAINST DEFENDANT GUSTAVO VAZQUEZ) 6 119. PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 7 paragraphs above as if fully set forth herein. 8 120. 9 obligated DEFENDANT to perform the terms and conditions of the lease agreement and to maintain The sublease agreement referred to herein contained implied warranty of habitability, which 10 the PLAINTIFF’S residential unit at 5755 Beck Ave., North Hollywood, CA 91601 in a habitable, 11 safe, and healthy condition. 12 121. 13 housing laws and posed severe health and safety hazards that breached the implied warranty of 14 habitability. 15 122. 16 alleged herein, but despite such notice, failed to adequately repair and abate the conditions at the 17 property and failed to prevent unsafe guests from entering the property. 18 123. 19 alleged herein. 20 124. 21 habitability implied in all rental contracts under California law. 22 125. 23 conditions to exist threatened the physical and emotional health and well-being of PLAINTIFF and 24 posed a serious threat and danger to his health and safety. 25 126. 26 PLAINTIFF has sustained special, general and property damage in amounts to be determined at trial. 27 127. 28 PLAINTIFF is entitled to attorney’s fees and costs in an amount to be proven at trial. 28 The defective and unsafe conditions alleged herein constitute violations of state and local DEFENDANT had actual and constructive notice of the defective and unsafe conditions PLAINTIFF did not cause, create or contribute to the existence of the defective conditions By failing to correct said defective conditions, DEFENDANT breached the warranty of DEFENDANT knew or should have known that permitting said defective and unsafe As a direct and proximate result of DEFENDANT’S breach of the warranty of habitability, As a direct and proximate result of DEFENDANT’S breach of the warranty of habitability, 20 COMPLAINT FOR DAMAGES 1 128. DEFENDANT’S conduct was willful, malicious, intentional, oppressive, reckless, and / or 2 done in a willful and conscious disregard of PLAINTIFF’S health, welfare, and safety, thereby 3 justifying the award of punitive and exemplary damages in an amount to be determined at the time of 4 trial. 5 FIFTEENTH CAUSE OF ACTION 6 CONSTRUCTIVE EVICTION 7 (BY PLAINTIFF AGAINST DEFENDANT GUSTAVO VAZQUEZ) 8 129. PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 9 paragraphs above as if fully set forth herein. 10 130. PLAINTIFF was a sublessor of the master tenant, DEFENDANT GUSTAVO VAZQUEZ, 11 which inherently guarantees covenants of the lease agreement to maintain the PLAINTIFF’S 12 residential unit located at 5755 Beck Ave., North Hollywood, CA 91601 in a habitable, safe, and 13 healthy condition, including the beneficial enjoyment of the premises. 14 131. PLAINTIFF did not breach the residential agreement during the duration of the tenancy. 15 132. DEFENDANT acted in bad faith by allowing raw sewage to remain on the premises unabated 16 for approximately two months, depriving PLAINTIFF of gas despite numerous and repeated requests 17 by PLAINTIFF, and continuously permitting violent guests on the premises who harassed, threatened, 18 assaulted, battered, and committed a hate crime against PLAINTIFF. 19 133. 20 alleged herein, but despite such notice, failed to adequately repair and abate the conditions at the 21 property and failed to prevent unsafe guests from entering the property. 22 134. 23 enjoyment of the premises was so severe and pervasive that it caused PLAINTIFF to surrender 24 possession in November 2018. 25 135. DEFENDANT’S conduct harmed PLAINTIFF. 26 136. DEFENDANT’S conduct was willful, malicious, intentional, oppressive, reckless, and / or 27 done in a willful and conscious disregard of PLAINTIFFS’ health, welfare, and safety, thereby DEFENDANT had actual and constructive notice of the defective and unsafe conditions The substantial interference by the DEFENDANT in depriving PLAINTIFF of the beneficial 28 28 21 COMPLAINT FOR DAMAGES 1 justifying the award of punitive and exemplary damages in an amount to be determined at the time of 2 trial. 3 SIXTEENTH CAUSE OF ACTION 4 RELIANCE 5 (BY PLAINTIFF AGAINST DEFENDANT ROSARIO DAWSON AND ISABEL DAWSON) 6 137. PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 7 paragraphs above as if fully set forth herein. 8 138. 9 DEFENDANTS’ representations that they would provide him with stable and continued housing and 10 employment. Relying on DEFENDANTS’ promises, PLAINTIFF placed his belongings in storage, 11 rented a U-Haul, travelled across country, sold his truck, and left his support network in Beacon, New 12 York to move to Los Angeles. In addition, PLAINTIFF incurred substantial debt in reliance on the 13 family’s promises to provide him steady and continuing employment and housing, which was the sole 14 basis for PLAINTIFF’S decision to move to Los Angeles. DEFENDANTS’ conduct caused PLAINTIFF to sustain significant damages in reliance on 15 SEVENTEENTH CAUSE OF ACTION 16 BREACH OF EMPLOYMENT AND LEASE CONTRACT 17 (BY PLAINTIFF AGAINST DEFENDANT ROSARIO DAWSON AND ISABEL DAWSON) 18 139. PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 19 paragraphs above as if fully set forth herein. 20 140. 21 to suffer financial damages and emotional distress. 22 141. 23 financial damages and emotional distress. DEFENDANTS breached their employment contract with PLAINTIFF, causing PLAINTIFF DEFENDANTS breached their lease contract with PLAINTIFF, causing PLAINTIFF to suffer 24 EIGHTEENTH CAUSE OF ACTION 25 FRAUD 26 (BY PLAINTIFF AGAINST DEFENDANT ROSARIO DAWSON AND ISABEL DAWSON) 27 142. 28 paragraphs above as if fully set forth herein. 28 PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 22 COMPLAINT FOR DAMAGES 1 143. DEFENDANTS fraudulently told PLAINTIFF he could rely on stable employment and 2 housing provided to him by DEFENDANTS. 3 144. 4 and emotional distress. DEFENDANT’S fraud harmed PLAINTIFF, causing PLAINTIFF to suffer financial damages 5 NINETEENTH CAUSE OF ACTION 6 VIOLATION OF LABOR CODE § 970 7 (BY PLAINTIFF AGAINST DEFENDANT ROSARIO DAWSON AND ISABEL DAWSON) 8 145. PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 9 paragraphs above as if fully set forth herein. DEFENDANT’S conduct harmed PLAINTIFF, causing PLAINTIFF to suffer financial 10 146. 11 damages and emotional distress. 12 TWENTIETH CAUSE OF ACTION 13 INTENTIONAL MISREPRESENTATION 14 (BY PLAINTIFF AGAINST DEFENDANT ROSARIO DAWSON AND ISABEL DAWSON) 15 147. PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 16 paragraphs above as if fully set forth herein. 17 148. 18 damages and emotional distress. DEFENDANT’S conduct harmed PLAINTIFF, causing PLAINTIFF to suffer financial 19 TWENTY-FIRST CAUSE OF ACTION 20 HARASSMENT 21 (BY PLAINTIFF AGAINST DEFENDANT ROSARIO DAWSON, GREGORY DAWSON, GUSTAVO VAZQUEZ AND ISABEL DAWSON) 22 23 149. 24 paragraphs above as if fully set forth herein. 25 150. 26 damages and emotional distress. 27 /// 28 /// 28 PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the DEFENDANT’S conduct harmed PLAINTIFF, causing PLAINTIFF to suffer financial 23 COMPLAINT FOR DAMAGES 1 TWENTY-SECOND CAUSE OF ACTION 2 VIOLATION OF CIV. CODE § 1954 – ENTERING PLAINTIFF’S RESIDENCE WITHOUT 3 GIVNG 24-HOUR NOTICE 4 (BY PLAINTIFF AGAINST DEFENDANT ROSARIO DAWSON AND ISABEL DAWSON) 5 151. PLAINTIFF repeats, re-alleges, and incorporates by reference all of the allegations in the 6 paragraphs above as if fully set forth herein. 7 152. 8 damages and emotional distress. 9 /// DEFENDANT’S conduct harmed PLAINTIFF, causing PLAINTIFF to suffer financial PRAYER FOR RELIEF 10 11 WHEREFORE, Plaintiff prays judgment as follows: 12 1. 13 14 15 For special and general damages, according to proof, with interest thereon at the maximum legal rate; 2. For reasonable attorney’s fees and costs, including expert witness fees, pursuant to California Government Code §12965(b); 16 3. For statutory costs, including expert witness fees; 17 4. For interest accrued to date; 18 5. For Plaintiff’s costs of suit; 19 6. For Punitive damages; 20 7. For injunctive and / or declaratory relief; and 21 8. For all other and further relief that the Court may deem just and proper. 22 23 DATED: October 19, 2019 24 25 By: ______________________________ Tasha Alyssa Hill David S. Ratner Attorneys for Plaintiff DEIDRE FINLEY (AKA DEDREK FINLEY) 26 27 28 28 24 COMPLAINT FOR DAMAGES