<7 350551527 C7 i Q5 [3 - 01.5% LAW OFFICES OF A PROFESSIONAL CORPORATION 10803 Foothill Blvd., Ste 1 12 T: 844-998?1033 Rancho Cucamonga, CA 91730 F: 909?801-7004 GOVERNMENT CLAIM FOR DAMAGES PURSUANT TO CALIFORNIA GOVERNMENT CODE 905 and 910, et seq. Please be advised that Claimant Karen Cervantes (?Claimant") hereby submits a Government Claim pursuant to Government Code sections 905 and 910, et seq and other authorities. NAME AND ADDRESS OF CLAIMANT: Karen Cervantes, c/o Tristan Pelayes, 10803 Foothill Blvd., Ste 112 Rancho Cucamonga, CA 91730. ADDRESS TO SEND ALL CLAIMS AND OTHER NOTICES: Tristan Pelayes, 10803 Foothill Blvd., Ste 112 Rancho Cucamonga, CA 91730; Electronic mail: TIMELINESS OF CLAIM: Claimant has timely ?led a Government Claim within six months of one of the acts of sexual harassment, quid pro quo, wrongful termination and outrageous conducts that Claimant has suffered as a result of the actions by Mayor VALDIVIA and the CITY OF SAN BERNARDINO. THE DATE, PLACE, AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTIONS WHICH GIVE RISE TO THE CLAIMS ASSERTED: On or about November 2016, VALDIVIA became the Mayor for the CITY OF SAN BERNARDINO. On or around September 30, 2019 Claimant Karen Cervantes became an Assistant to the Mayor and began working as assistant. She reported directly to VALDIVIA and his Chief of Staff, Matt Brown. As set forth in more detail below, VALDIVIA repeatedly subjected Claimant to quid pro quo, offensive and/or graphic sexual comments, and sexually suggestive language and gestures. On Saturday, October 5, 2019, Claimant worked an event, in her capacity as assistant, called Rendezvous Route 66. By the end of the night, VALDIVIA complimented Claimant and said she did a great job working the event. Future events would not be as pleasant. Page 2 DATE: February 12, 2020 Tort Claim On Friday October 11, 2019, Claimant worked her second event, in her capacity as assistant. It was the International Trade Symposium at the San Bemardino International Airport. During a tour of the airport by Amber Casarez (Marketing Coordinator for SBD International Airport) Casarez identi?ed to VALDIVIA a room used for private meetings. VALDIVIA looked over at Claimant and said in a loud voice, ?Oh you hear that? Private rooms!? and smiled at Claimant. During this event, VALDIVIA would from that point forward continually wink at Claimant whenever he would make contact with her. That same evening after the above referenced event, VALDIVIA texted Claimant at 7:15 pm and asked her if they could talk about another event that was to take place the next day, Saturday, October 12, 2019. VALDIVIA asked Claimant to ?carpool? with him. However, Claimant told VALDIVIA that her boyfriend would drive her there. Claimant asked Chief of Staff, Matt Brown, if she was supposed to attend weekend events with the Mayor and Mr. Brown con?rmed that she was not, because that was the Mayor?s Field Representatives? job. However, VALDIVIA insisted Claimant attend the event with him. During the above referenced event, on October 12, 2019, VALDIVIA insisted Claimant drink Gin and Tonics even though she repeatedly told him she did not want to drink. Upon his insistence, Claimant became uncomfortable, refused to drink, and left the table momentarily. VALDIVIA then proceeded to drink his cocktail and also ?nished the cocktail he had tried to force Claimant to drink. Shortly thereafter, VALDIVIA told Claimant he was feeling intoxicated and started moving closer to Claimant, invading her personal space- He touched Claimant While he whispered in her ear that at events such as this one, he is ?not so strict,? and that he is ?cool.? He said, ?this is not like at work and we can have fun.? The touching was unwanted and offensive. At one point during this event, VALDIVIA saw an Asian woman pass by. He told Claimant ?You know how I feel about Asian women!? Claimant responded by stating she was aware he was married to an Asian woman. VALDIVIA replied that this woman was ?so hot? and that his wife ?didn?t have to know? what he does when he?s not home, and that he was going to ?go after? that woman. Claimant became increasingly more uncomfortable and became unable to hide that discomfort. It was obvious to her that VALDIVLA noticed Claimant?s discomfort and disapproval. 10803 Foothill Blvd., Ste 112 Rancho Cuumonga, CA 91790 T: 844-998?1033 F: 909-801-7004 Page 3 DATE: February 12, 2020 SUBJ: Tort Claim When working late hours and at dinner/lunch events, VALDIVIA has told her that she wasn?t allowed to eat at the events. He has speci?cally told her that she is there to ?work the room? and doesn?t want to see her eating- At these events, VALDIVIA has also insisted Claimant follow him around at all times in order to take pictures of him. If someone would approach Claimant to speak with her, he would get upset that she was not close to him at all tirnes. Because Claimant refused advances and despicable behavior, VALDIVIA began to belittle, bully, degrade, and embarrass Claimant in front of her coworkers during staff meetings and other gatherings. This retaliatory behavior continued and escalated throughout the next few months. On Tuesday, October 15, 2019, days after the October 12 event, Claimant was back at work when VALDIVIA lashed out at her. Without provocation, he stormed into Claimant?s of?ce and approached her in a very demanding and rude manner. He began questioning her about her work and had a complete change of character towards her. In an attempt to pinpoint the issue, Claimant started to review her projects with him. In response, he gave her a disgusted look and suddenly le? her of?ce as she was speaking. On Tuesday, October 22, 2019, Claimant attended the ?rst Town Hall she organized for VALDIVIA at The Rock Church. VALDIVIA came in, looked around and rolled his eyes. When Claimant handed him over the Lapel microphone, he threw it at her and stormed off. People arrived at the event late, due to a road closure, and he blamed Claimant for this in front of her co?workers. VALDIVIA stated, ?What can we do next time to avoid this, Karen.? When she explained to him that people were late due to traf?c and he said, ?Duh, Karen, that?s not why I asked you.? Claimant was humiliated to be spoken to this way in front of her co-workers. Sometime in early November 2019, VALDIVIA came back to the of?ce from a trip- Claimant hadj ust gone to lunch. While on lunch, a co-worker called her to tell her that the Mayor is demanding she come back for a staff meeting. While on the phone, Claimant could hear VALDIVIA tell her co-worker, don't care where she is at, she needs to come back now.? On various occasions, VALDIVIA would tell her to do something, then later switch it up and tell her that she didn't follow his direction. He ?thher sabotaged her work. During staff meetings, in front of her coworkers, he would yell directly at Claimant, saying she doesn?t do her job. Additionally, VALDIVIA tries to pit the women in the of?ce against each other. For example, he would allude to a matter and insist that someone has to be lying to him. 10803 Foothill Blvd., Ste 112 Rancho Cucamonga, CA 91790 T: 844?998?1 033 F: 909-801-7004 .com Page 4 DATE: February 12, 2020 SUBJ: Tort Claim On November 26, 2019, Claimant was in the conference room sharing some food with co? workers. VALDIVIA walked in the conference room, where they were sitting, looked at Claimant speci?cally and stated in a disgusted manner ?Haven?t you eaten already?? On Monday, December 2, 2019, one day before the Christmas Open House, VALDIVIA called Claimant and her co-workers demanding to know who authorized Spending. He addressed Claimant directly, with her co-workers on the line, and yelled at her, demanding to know who told her to spend the donation money. However, VA had previously told her to spend it for the event, on toys and decorations, because he wanted a big presentation. Claimant had followed instructions. VALDIVIA was using this as an opportunity to further humiliate her in front of her peers. On Thursday, December 5, 2019, Claimant was attending a staff meeting, where another staff member mentioned getting an intern to help Claimant with all her duties and projects. Claimant mentioned she could send an email out to SBVC or CSUSB, her ahna mater, for a Communications Intem. Knowing that it was common knowledge that Claimant had graduated from CSUSB, VALDIVIA engaged in a demeaning monologue in front of everyone about the ineptitude of CSUSB students, saying he doesn?t want to work with incompetent CSUSB students and that they are not high On Friday, December 6, 2019, VALDIVIA emailed Claimant to send him a ?nancial report of the Christmas Open House. Claimant sent him the report showing the expenses, making sure to point out that she stayed within budget, after being berated for spending only days earlier. He replied saying ?make this report cleaner and easier to comprehend. Because it ain?t.? As directed, she made the changes and sent it again. After that VALDIVIA called Claimant at the of?ce and demanded she put her co?worker on the line. Claimant did so and put him on speakerphone. Among other things, VALDIVIA said, just want to know, in your mind, what triggered you guys to say, ?Wow we got to blow $610 more dollars in toys at target! Mirna, grab the Card and go blow another $610 dollars!? Like who made that decision?? Claimant?s co-worker began apologizing and saying she would take the blame. VALDIVIA then proceeded to try to blame Claimant for everything. She told him her understanding was to spend Christmas Open House donations on the Christmas Open House. She told him there was still $282 left, to which he said, ?Don?t spend it, don?t spend, don?t spend it, okay don?t spend another damn penny-? Claimant apologized and believed the chiding to be done, when VALDIVIA stated, ?No, I am not done, Karen, just relax. You need a scolding! You guys all need a scolding! You guys assume things that are not right, and then get all ?ustered when you get held accountable!? Claimant told him that she would have to re?ne this write?up because he didn?t give these instructions. VALDIVIA responded by saying, ?Well you have a lot of work to do. Get back to work! We will talk about it when I get back. This is not cool. I am not happy, I?m telling you, Karen, I am not happy!? 10803 Foothill Blvd., Ste 1 12 Rancho Cucamonga, CA 91790 T: 844-998?1033 F: 909-801?7004 Page 5 DATE: February 12, 2020 SUBJ: Tort Claim On or about Monday, December 23, 2019 Claimant entered of?ce to ask him a question about a project that she was working on. Mirna Cisneros, a Customer Service Representative for VALDIVIA, was already present in his o?ice. While they were both present, VALDIVIA received a telephone call, but he explicitly told both Claimant and Ms. Cisneros not to leave his of?ce. Knowing they were there, VALDIVIA told the person on the telephone in a loud voice, don't care what needs to be done. Take care of him and make sure he is satis?ed. Do whatever needs to be done. Suck him off. I will suck him off if I need to. Just make it happen. Make his dick hard.? On Thursday, January 9, 2020, Claimant attended the Education Bridge Committee meeting with VALDIVIA and some co-workers. After the meeting was done, VALDIVIA asked Claimant and her co-workers to have lunch with him at his of?ce. During the lunch, VALDIVIA turned to Claimant directly and he accused her of not paying attention during the Education Bridge Committee meeting- He said that she didn?t look at him and that she wasn?t alert. He further stated she should have had a light bulb go off in her brain, think about how they could use the information, and she should have put her head up and made contact with him. She told him she was very focused on the meeting, gave him a recap, and showed him all her notes. He dismissed what Claimant said and proceeded to belittle her in front of her co?workers. Around this time, VALDIVIA further berated Claimant for her work, despite the fact that her immediate supervisor, Matt Brown, never had a complaint. He insisted she did not know how to send out emails. When she told him that she was capable of doing so, he ignored her and had her co-worker show her how to open an email and add contacts. He further insisted she did not know how to make calls and demanded she make calls in front of him. When she began making the calls, he would tell her to hang up and go over it with him. When she did so, he would say ?No, that?s wrong!? He then would rephrase exactly what she said and begin the cycle all over again. He was humiliating her by insisting she did not know how to do simple tasks, such as setting up an email and making phone calls. Claimant tried to keep her head up and push through his humiliation and degradation by continuing her work. When she thought he was done drilling her, she would walk away, and he would just follow her to her of?ce. Regularly, VALDIVIA would refuse to say ?Good Morning? to Claimant. Instead she was greeted with unfavorable or disgusted looks when she walked into work. Additionally, VALDIVIA has told her he is used to working with high caliber people and that she works like someone from McDonalds. He has further told her that she works like a stupid bureaucrat. All of complaints about Claimant?s work came after she re?lsed his vulgar advances and behavior at the events in October 2019. 10803 Foothill Blvd., Ste 1 12 Ra ncho Cucamonga, CA 91790 T: 844-998-1033 F: 909-801-7004 Page 6 DATE: February 12, 2020 Tort Claim Matt Brown has been Claimant?s direct supervisor and he has told her that he doesn?t have a complaint about her work and knows that she works hard. Right around this time, VALDIVIA started asking Claimant questions about her ?nances, such as ?What kind of bills do you pay? Do you have a mortgage? I just want to know - are you worried about not having this job? What are your biggest expenses you need to pay? Tell me more about yourself!? When Claimant refused to answer these questions, VALDIVIA told Claimant that it?s her I?ault that ?we don?t have a friendship.? VALDIVIA told Claimant she should ?try to have a relationship? with him and that Claimant ?should stay in the o?ice after hours to have ?'iendly conversations? with him, so that Claimant may ?get to know? him better and ?vice versa.? When VALDIVIA told Claimant this, she immediately knew VALDIVIA was warning her that if she didn?t consent to his degrading and unwelcome sexual advances and harassment, he would continue his ongoing antagonistic behavior toward her. On Tuesday, January 14, 2020, Claimant approached VALDIVIA to inform him that a third party was unable to use a contact list due to format issues, as he had previously told her to inform him of everything on this project). He instantly became enraged and stated ?I?m getting so tired of you, Karen. You?re pissing me off!? Just as he was about to continue, Matt Brown walked in and VALDIVIA stopped. Claimant reported all the above incidents, as well as other similar incidents perpetrated upon her by VALDIVIA to Human Resources, the City Manager and other management and supervisors. Contemporaneously, VALDIVIA committed a series of similar harassment and quid pro quo against another co-worker, who in turn reported this behavior to Human Resources, the City Manager and other management and supervisors. Despite being put on notice of these incidents, City management and even other City elected of?cials who reported them to Human Resources and City Managers, the agents of the CITY did nothing. The agents of the CITY who had a duty to assist her would not help her. They claimed they could not do anything because VALDIVIA was an ?elected of?cial.? 10803 Foothill Blvd.. Ste 112 Rancho Cucamonga, CA 91790 T: 844?998?1 033 F: 909-801-7004 Page 7 DATE: February 12, 2020 SUBJ: Tort Claim GENERAL DESCRIPTION OF INJURY: Claimant alleges that as an actual and proximate result of said conduct, Claimant suffered actual physical injuries, mental and physical pain and anguish, loss of sleep, fear, loss of self-esteem and con?dence, and related conditions. As a result of the foregoing injury, Claimant was forced out of her job. OF PUBLIC EMPLOYEES CAUSING INJURY: The names of public employees causing Claimant?s injuries under the described circumstances are: MAYOR JOHN VALDIVIA, THE ENTIRE CITY COUNCIL UP UNTIL CLAIIVIANT WAS FORCED OUT OF HER JOB IN 2020, CITY MANAGER AND HR DIRECTOR. AMOUNT CLAIMED: Pursuant to Government Code section 910(f), the amount of compensatory and other damages claims exceeds $10,000 and will lie within the unlimited jurisdiction of the Superior Court. Claimant also claims and seeks to recover herein, the statutory and other penalties, damages, attorney?s fees, expert fees, costs as provided by law, to include exemplary damages against John Valdivia. DATED: February 12, 2020 LAW OFFICES OF PELAYES YU, APC {7 Tristan Pelayes, Esq. Torn Yu, Esq. Attorneys for Claimant KAREN CERVANTES 10803 Foothill Blvd., Ste 112 Rancho Cucamonga, CA 91790 T: 844-998-1033 F: 909-801-7004