t wey ELLE GLENN E, STERN SB # 84485 0 : 9] JAN AUNE SB #236604 " Ee eae? LAW OFFICE OF GLENN E. STERN : 3| 333 West Foothill Boulevard NOV,16 2016 4 Sino, CA 91741 5| Facsimile: (213) 232-7111 6|| Attomeys for Plaintift 2 Rebeose Tavlor ; a OS) YUrvehaeW 0. 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA | FOR THE COUNTY OF LOS ANGELES 19 : 7 CENTRAL DISTRICT (UNLIMITED) 12] REBECCA TAYLOR, an individual, ) Case No.: BCE 40884 13 Plaintiff, ) COMPLAINT FOR: 14] ) af ) 1. SEXUAL HARASSMENT IN ‘few one } VIOLATION OF FEHA California limited liability company; and} 9. SEXUAL DISCRIMINATION IN 17] DOES 1-50 ) VIOLATION OF FEHA ) 18) Defendants. } 3. RAILURE TO PREVENT 19 ——————__—_ ‘SEXUAL HARASSMENT, { ‘SEXUAL DISCRIMINATION 20) AND RETALIATION IN 1 VIOLATION OF FEHA 2| 4, RETALIATION IN VIOLATION | OF FEHA (GENDER) a 5, PREGNANCY Bz i DISCRIMINATION IN 2 3 25] VIOLATION OF man eg 283 zg ‘COMPLAINT o0"o# ob"o. oorsthe We or Hd i T tai séstrT AtAT Ag . 0's LSSTHOD ¢# LaTsay-~ Peasa/e #3599/113 beeorsagoo a awe wD 6. RETALIATION IN VIOLATION OF FEHA (PREGNANCY) 7, FAILURE TO INVESTIGATE ‘AND FAILING TO PREVENT DISCRIMINATION, RETALIATION AND : HARASSMENT IN VIOLATION tHE OF FEHA (PREGNANCY) » 8 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 9, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 10. VIOLATION OF LABOR CODE SECTION 226(c) Plaintiff Demands Jury Trial GENERAL ALLEGATIONS 1. Plaintiff REBECCA TAYLOR (“Taylor” or “Plaintif?") resides in La Puente, California, and hhas resided in the County of Los Angeles at all times relevant herein. 2. Defendant OWN: OPRAH WINFREY NETWORK, a California limited liability company “Defendant” or “OWN") is located in West Hollywood, CA, County of Los Angeles and has done business in the county of Los Angeles at all relevant times, 3. At all times Plaintiff was employed by Defendant and continues to be employed by Defendant, 4, Defendant is a California limited liability company ‘in West Hollywood, California, County of Los Angeles tat employs more than five (S) people and ths this court has jurisdiction to heer this matter pursuant to §12926 of the Government Code. 5. Plaintiff is ignorant of the true names and capacities, whether corporate, individual, partnership, association or otherwise, of Defendants sued herein as fictitious DOES | through COMPLAINT: 2wee ss 50, inclusive, and therefore sues these Defendants by such fictitious’ names. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained. 6. Whenever in this complaint reference is made to "Defendants, and each of them," such allegation shali bé deemed to mean. the acts of all Defendants acting individually, jointly, and/or severally. a 7. Plaintiff is informed and believes, and thereon alleges that, each of the fictitiously named Defendants, has contributed in some manner to Plaintiff's damages as hereinafter alleged, and that Plaintiff's rights against such fictitiously named Defendants arise from such contribution. 8. Plaintiff is informed and believes and based upon such information and belief alleges that at all times mentioned, each of the Defendants was the agent and employee of each of their Co- Defendants and, in doing the things herein mentioned, were acting within the scope of their authority as such agents and employees and with the permission and consent of their Co- Defendants. 9. The allegations sued upon herein occurred in Los Angeles County, California, 10, Plaintiffhas timely filed an administrative complaint with the Department of Fair Employment and Housing (“DFEH”) alleging that the acts of Defendants described herein established! violations of FEHA, Goverment Code Section 12900 et, seq. Plaintiff has received a “tight to suc letter from the DFEH against each Defendant and timely brought this action thereafter 11. On or about February 12, 2016, the Department of Fair Employment & Housing issued 4 Notice of Case Closuré and Right to Sue letter (“Right to Sue Letter”) to the Plaintiff. FACTS 12, Plaintiff began her employment with OWN in or about November 2010. 13. Plaintiff's job title was Coordinator when she first began her employ with OWN. Her job title was later changed to Specialist. 14, Plaintiff's supervisor was Nakisha (“Kisha") Gowen, . a COMPLAINTSw ee wan 10) 1 12| 43] 14) 15| 16 i7- 18 19| 20] a4 22} B® ater Bar SB 15. Ms, Gowen held the title of Director at OWN in the Deliverables and Fulfillment Servicey Department and was Plaintiff's direct supervisor. Ms. Gowen is currently an employee o Own. 16. The emotional distress caused by Ms. Gowen’s harassment, discrimination’ and retaiat against the Plaintiff caused the Plaintiff to be on sick leave for approximately eleven (11 months. 17 Plaintiff was sexually harassed, intimidated aid bullied by Ms. Gowen. 18, Plaintiff was also sexually harassed, intimidated and bullied by Ms. Gowen regarding th Plaintiff's pregnaricy and breast feeding which was related to her pregnancy. 19. Ms. Gowen's sexual and pregnancy harassmentand discrimination against the Plaintiff started ‘when Plaintiff was approximately three (3) months pregnant and continued after Plaintiff gave birth to her son on or about November 3, 2013. 20, When Plaintiff was in the first trimester of her pregnancy she was often sick in the moming ‘and would come into work late. Plaintiff explained to Ms. Gowen that she was having to come {n late because her pregnancy caused her to fee ill. 21,Ms. Gowen advised the Plaintiff that the PI iff needed to tell her when her first trimester was over so Ms. Gowen could report the information to John Morris, OWN’s Vice President ‘of Network Operations, and OWN"s Human Resources Department. Approximately a week later, Ms. Gowen repeated this request to Plaintiff. Ms. Gowen’s constant comments about th status of Plai 's pregnancy stafus greatly offended and upset Ms. Gowen and Plaintiff informed Ms. Gowen the Plaintiff would inform OWN’s Human Resources Department wher, the time was appropriate. 22. In or about July 2014, Plaintiff was in the pumping room at OWN’s offices in Los Angeles, California. Plais t ‘was a new mother and had an infant that she needed to pump breast mill for. OWN had a designated pump room that female employees could use in private to pump} breast milk for their children. In the pump room the female employec uses a special apparatus to pump breast milk from her breasts that she will then use to feed her baby. It normally tool COMPLAINT.eewauawn SAT BER Plaintiff approximately twenty (20) to thirty (30) minutes to complete her breast milk pumping routine when she was at work. Thus, this was clearly a private event and why Plaintiff wa: using OWN’s designated pumping room. 23. In or about July 2014 Plaintiff was in the pump room pumping breast milk when Ms. Gower| and another OWN employee started knocking loudly on the door of the pump room in order t tell Plaintiff about a co-workers going away party. This greatly offended Plaintiff. Ms. Gowe knew why Plaintiff was in the pumping room and she could have communicated hey information to Plaintiff in numerous other ways rather than knocking loudly on the door. Ms| Govien could have called Plaintiff on her cell phone, texted her, chatted with’ Plaintiff on| OWN’ provided chat software or emailed hers 24, Plaintiff is informed and believes that Kisha Gowen, as Plaintiffs’ direct supervisor, knew tha Plaintiff had ber ell phone and her laptop with her in the pumping room so Plaintiff eould ‘work while she wasn the pumping oom. Thus, Ms. Gowen could have easily called Paint ‘on the phone to discuss the logistics of the upcoming going away party rather than bringing another employee with her and pounding on the pump room door in order to harass and) discriminate against the Plaintiff. 25. Ms. Gowen's sexual harassment began to escalate following the July 2014 pumping incident From approximately August 2014 through approximately October 2014 Ms. Gowen would discuss sexual topics in company meetings where Plaintiff was present. 26. In Deliverables Department meetings, Ms. Gowen, as the Department Supervisor and lead of the meeting, would often sfart talking about horror movies and then she would discuss sex acts that took place in the movie. Ms. Gowen would reenact sex scenes from the horror movies. On one occasion, Ms. Gowen reenacted a sex scene where a woman in the movie was raped. ‘Ms. Gowen then reenacted other sex scenes from the same movie and she over dramatized the female character saying “Oh! Oh! Oh! Oh!” during sex and imitated the gyrating motions o sex, Plaintiff was highly offended by Ms. Gowen graphic depictions of sexual and violent act especially since it was at an OWN staff meeting that Plaintiff was required to attend. nt ‘COMPLAINTee a a ee 22g 7 apne 27. In or about December 2014 Ms, Gowen’s harassing and discriminatory behavior escalated where she sexually assaulted Plaintiff curing a company meeting by simulating that she wag squeezing Plaintiff's breasts. 28.In or about December 2014, during a company meeting where Plaintiff was present, Ms] Gowen made a comment about breastfed babies being obsessed with women's breasts. Ms| Gowen know that Plaintisf was a breastfeeding mother, especially since Ms. Gowen had harassed Plaintiff in the pump room approximately five (5) months earlier. 29, Plaintiff was offended by Ms. Gowen’s comments and attempted to leave the meeting. Aq Plaintiff was walking out ofthe meeting Ms. Gowen said “wait, wat! I'm going to demonstrat on you.” Ms. Gowen then walked up very close to Plaintiff. Plaintiff was startled and looked at her co-workers who were all looking at Ms. Gowen and Plainti Ms. Gowen said she wag ‘going to demonstrate what a young child in her family had done to Ms. Gowen's mother. 30. Ms, Gowen then took her hands and placed them approximately an inch fiom Pl breasts. Ms. Gowen then simulated that was grabbing and squeezing Plaintiff's breasts whilq ‘Ms. Gowen held her hands approximately one (1) inch from Plaintiff's breasts. 31. As this was taking place Plaintiff looked at her co-workers and they were in shock. Plaintif ‘was humiliated and wanted to leave the meeting, which she was attempting to do when Gowen stopped her and assaulted her. 32, Ms. Gowen then attempted to lay her head on Plaintiff's breasts. Once Ms. Gowen was dong simulating grabbing and squeezing Plaintiff's breasts, and laying her head on Plaintif?s breasts, Plaintiff left the room mortified and humiliated. ifs 33. Ms. Gowen committed these acts against the Plaintiff in order to create a sexually hostile anc abusive work environment, and to degrade and humiliate the Plaintiff in front of her co ‘workers, whom Plaintiff was senior level to. : 34, Ms. Gowen also committed these acts against the Plaintiff in order discriminate against th Plaintiff based upon her sex because much of Ms. Gowen’s discriminatory conduct had:to d with Plaintiff breast feeding her newborn child, ‘COMPLAINT cateewer aweuwn 10} I 2 B 4 15 16| 17] 18) 19] 20] 21 22) 23 24 25| 26 +27 o28) 35. From dpproximately January 2015 to March 2015, while at work, Plaintiff had to end sexually explicit comments, For example, Ms. Gowen made comments about “tent pol events.” These comments were made by Ms. Gowen. Plaintiff first heard the term “tent pol event” used by employee Sheri Salata who used the term to describe an event so large ané important that it held up the network. It was Plaintiff's understanding then, as it is nowt Ms, Gowen meant the term to mean a mah who was sexually aroused and had an erectiot pressing against his clothes and thas making his clothes, such as his pants look like a tentpol placed against atent, These comments greatly offended the Plaintiff and created a hostile abusive work environment, 36.On or about February 16, 2015, during an OWN meeting where Plaintiff was present, Ms| Gowen discussed a recent episode of the television show called “The Slap.” Ms. Gower reenacted one of the scenes ftom the show where a young boy is acting out and the boy" mother then atfempis to breastfeed him, Ms, Gowen exclaimed “Oh my baby, come to m) breast!” “Come to my breast!” Ms. Gowen was mocking the mother holding a young child tq her breast and breastfeeding him. Ms. Gowen was mocking the mother for breastfeeding the child because Ms. Gowen believed the child was too old to be breastfed. Ms. Taylor way offended by Ms, Gowen’s ats 37.In or about March 2015 Plaintiff was promoted from Specialist to Manager. However Plaintiff's pay was only increased from approximately $53,650 to approximately $60,000. When Plaintiff's pay was only increased to $60,000, she went fo OWN’s Human Resource: Department and requested an additional increase in pay. Plaintiff's request was granted and, her salary was increased to $62,000, Plaintiff is informed and believes that Ms. Gowen had] input in having Plaintiffs salary set at $60,000. Plaintiffs also informed and believes tha sha ‘was one of the lowest, ifthe not the lowest paid managers in the company. 38, The fact Plaintiff received subpar pay as « manager is evidence of Ms. Gowen discriminating against and retaliating against Plaintiff because Plaintiff refused to endure Ms. Gowen's sexual harassment. ‘COMPLAINTwee a a a we 10| u 12) 13] 14 15| 16 17 18 19} 20) a 22 23} 24] 25] 26| 38] 39. In or about April 2015, Plaintiff informed another OWN employee, Tanya Laguerre, about Ms| Gowen’s harassment and bullying in the workplace. On Tanya’s advice, Plaintiff reported Ms Gowen’s behavior to OWN’s Manager of Human Resources, Melissa Mayer, including the December 2014 incident where Ms. Gowen simulated grabbing and squeezing Plaintiff’ breasts. Plaintiff cried as she begged for help, saying to Melissa Mayer several times, “T need| help, please help me.” 1 40. In or about April 2015, A few days after Plaintiff reported Ms. Gowen’ harassing behavior t Human Resources, OWN had its compliance training, which included sexual harassment taining, During the meeting an attorney ised by OWN's Human Resources staf explsined that incidents employees reported to Human Resources, including incidents of sexual harassment, would be taken seriously and investigated thoroughly and all witnesses would bq interviewed. OWN’s Human Resources Staff supervised and observed these training sessions] However, Plaintiff had reported Ms. Gowen’s behavior and nothing had been done about it and this caused Ms. Taylor emotional distress. 41. In or about June 2015, Plaintiff's emotional state began to deteriorate due to the harassing anq| abusive behavior she suffered at OWN. Plaintiff suffered from panic attacks, she could not sleep and she began erying at work, 42. Plaintiff had reported Ms. Gowen’s behavior to Human Resources several months prior to Jun 2015 but nothing had been done about it. Plaintiff then went to Human Resources again and] reported the problem to the Vice President of Human Resources, Talia Robinson. As Plainti was explaining the fact to Talia, Talia stated “Oh, did you tell this to Melissa a while back”) This indicated to Plaintiff that Human Resources employee Talia Robinson knew about Plaintiff reporting Ms. Gowen’s conduct. : 43. Also in or about June 2015, Ms. Gowen again retaliated against Plaintiff for Plaintify complaining about Ms. Gowen’ sexual harassment of and discrimination against the Plaintiff Ms, Gowen took a day off. Ms: Gowen sent an email to the staff stating that she would not at work that day and if they had any questions they should go to John Morris. At the time] COMPLAINTeee Ce 6 FREE Plaintiff was department manager and second in command to Ms. Gowen and thus should have been in charge when Ms. Gowen was out of the office or unavailable, as Plaintiff had been since becoming the department manager. Ms. Gowen undermined Plaintiff's authority in front of other employee in order to retaliate against Plaintiff by undermining her position in front o the staff. 4. In or about July 2015 Ms. Taylor's doctor provided a doctor's note for her be off from work from OWN on stress leave, 43. In or about June 2016 Plaintiff retuned to work at OWN after being off work for stress leave FIRST CAUSE OF ACTION ‘SEXUAL HARASSMENT JN VIOLATION OF FEHA (By Plaintiff Against Defendant and Does 1-50) 46. Plaintiff incorporates by reference all prior paragraphs in this Complaint as if fully set forth a this point. 47, OWN and Defendants, and each of them, and/or their agents and employees are entities, joint employers or indi : Act, Government Code Sections 12940, et seq. These sections prohibit OWN, and Defen and each of them, from sexually harassing employees and require that OWN, and Defendant iduals subject to suit under the California Fair Employment and Housin; and each of them, take immediate and appropriate comective action, and preventative actio ‘when necessary, when they know or should know of sexual harassment of an employee by an office, manager or someone in their employee, : 48. Government Code § 129404), specifically provides that itis unlawful employment practice fo an employer, because of a person’s race, color, national origin, disability, and/or sox, to harass] an employee. . 49. At all times mentioned herein, Plaintiff was a person entitled to the protection of the laws afforded by Government Code Section 12940, et seq 50. The facts alleged above constitute violations of the California Fair Employment and Housing Act, Government Code Section 12940() in that OWN and Defendants, and each of them, ——— ‘COMPLAINT °wee wa ew discriminated against Plaimtff by subjecting Plaintiff to harassment based upon sex, thereby} causing a hostile, offensive, and intimidating work environment, 51. Plaintiff is informed and believes and thereon alleges that her gender was a motivating reason} for OWN and Defendants’, and each of them, actions. 52, This harassment violates Government Code Section 12940, et seq. and was a substantial facto in causing injury and damage to Plaintiff as alleged herein, 53. Asa proximate result of the wrongful acts of OWN and Defendants, and each of them, Plainti has been harmed in that she has suffered actual, consequential and incidental financial losseg including, without limitation, loss of salary and benefits, damage to her professional reputation and other economic losses, in an amount subject to proof at time of trial. Plaintiff claims st amounts as damages together with prejudgment interest pursuant to applicable provisions of law, 54, Asa direct, foresceable, and proximate result of OWN and Defendants’, and each of them, acts, Plaintiff has lost employment opportunities. 55. Asa direct, foreseeable, and proximate result of OWN and Defendants’, and each of them, at Plai iff suffered and continues to suffer substantial losses in earnings and other employed benefits in an amount to be proven at irial. 56. Asadirect, foreseeable, and proximate result of OWN and Defendants, and each of them, Plait iff has suffered and continues to suffer humiliation, embarrassment, mental emotional distress, and discomfort all.to Plaintiff's damage in an amount to be proven at trial. 57. Plaintiff is entitled to punitive and/or exemplary damages due to the malicious, willful] oppressive, intentional, and egregious conduct of OWN and Defendants, and each of them. 58. Plaintiff has been compelled to retain the services of counsel in an effort to enforce the terms, and conditions of the employment relationship with OWN and Defendants, and each of th and has thereby incurred, and will continue to incur, legal fees and costs, the full nature od extent of which are presently unknown to Plaintiff, who therefore will seek leave of Court t ‘COMPLARNT. 0ee sO ee amend this Complaint in that regard when the same shall be fully and finally ascertained. Plaintiff requests that attorneys' fees be awarded pursuant to Government Code 12965. SECOND CAUSE OF ACTION ‘SEXUAL DISCRIMINATION IN VIOLATION OF FEHA By Plaintiff against Defendant and Does 1-50) ‘59, Plaintiff incorporates by reference all prior paragraphs in this Complaint as if fully set forth af this point 60. OWN and Defendants, and each of them, and/or their agents and employees are entities, joint employers or individuals subject to suit undet the California Fair Employment and Housing ‘Act, Government Cade Sections 12940, et. seq, These sections require OWN, and Defendants, and each of them, from discriminating against employees because of the employee's sex and also require that OWN, and Defendants, and each of them, take immediate and appropriat corrective action, and preventative action when necessary, when they know or should know of sexual discrimination of an employee by an office, manager or someone in their employee. 61. At all times mentioned herein, Plaintiff was a person entitled to the protection of the laws, afforded by Government Cade Section 12940, et seg, (62. Plaintiff suffered adverse employment actions as described above, including but not limited to, ahostile work environment 63. This discrimination violates Government Code Section 12940, et seq. and was a substantial factor in causing injury and damage to Plaintiff as alleged herein, 64. Asa proximate result of the wrongful acts of OWN and Defendants, and each of them, Plaintiff has been harmed in that she has suffered actual, consequential and incidental financial losseq including, without limitation, lois of salary and benefits, damage to her professional reputation and other economic losses, in an amount subject to proof at time of trial. Plaintiff claims suct amounts as damages together with prejudgment interest pursuant to applicable provisions o “law. COMPLAINT: Wee aw 2 10| u 1 13} rr] 15 16 17 “18 24 3 i 24 Seg 1A? Qt UY 65. As a direct, foreseeable, and proximate result of OWN and Defendants’, and each of them] acts, Plaintiff has lost employment opportunities. 66. Asa direct, foreseeable, and proximate result of OWN and Defendants’, and each of them, acts Plaintiff suffered and continies to suffer substantial losses in earings and other employeq benefits in an amount to be proven at trial. 67. As adirect, foreseeable, and proximate result of OWN and Defendants, and each of them, acs, Plaintiff has suffered and continues to suffer humiliation, embarassment, mental and] ‘emotional distress, and discomfort al to Plaintiff's damage in an amount to be proven at trial] 68, Plaintiff is entitied to punitive and/or exemplary damages due to the malicious, willful} ‘oppressive, intentional, and egregious conduct.of OWN and Defendants, and each of them. 69, Plaintiff has been compelled to retain the services of counsel in an effort to enforce the term: and conditions of the employment relationship with OWN and Defendants, and each of them, and has thereby incurred, and will continue to incur, legal fees and costs, the full nature an extent of which are presently unknown to Plaintiff, who therefore will seek leave of Court t amend this Complaint in that regard when the same shall be fully and finally ascertained Plaintiff requests that attorneys’ fees be awarded pursuant to Government Code 12965. THIRD CAUSE OF ACTION FAILURE TO PREVENT SEXUAL DISCRIMINATION, SEXUAL HARASSMENT AND RETALIATION IN VIOLATION OF FEHA (By Plaintiff Against Defendant and Does 1-50) 70. Plaintiff incorporates by reference all prior paragraphs in this Complaint as if fully set forth at this point. 71. OWN and Defendants, and each of them, and/or their agents and employees are entities, joint employers or individuals subject to suit under the California Fair Employment and Housing Act, Government Code Sections 12940, et seq. | commLanT 2‘72. Atall material times Government Code Section 12940(k) was in full force and effect and was, binding on OWN and Defendants, and each of them. This subsection requires OWN and DOES 1-50, inclusive, and Defendants, and each of them, to take all reasonable steps necessary, to prevent harassment, discrimination and retaliation from occurring. 73. OWN and Defendants’, and each of them, failure to prevent sexual harassment and maintain an environment free from sexual harassment, discrimination and retaliation was a substantial factor in causing damage to injury to Plaintiff as alleged herein. 74, Asaproximate result ofthe wrongful aets of OWN and Defendants, and each of them, Plaintiff has been harmed in thet she has suffered actual, consequential and incidental financial losse including, without limitation, loss of salary and,benefits, damage to her professional reputatio and other economic losses, in an amount subject to proof at time of trial, Plaintiff claims such] amounts as damages together with prejudgment interest pursuant to applicable provisions of law, 75. As a direct, foreseeable, and proximate result of OWN and Defendants’, and each of them, acts, Plaintiff has lost employment opportunities. 76. Asa direct, foreseeable, and proximate result of OWN and Defendants’, and each of them, act Plaintiff suffered and continues to suffer substantial losses in earnings and other employee} benefits in an amount to be proven at trial. 771. Asa direct, foreseeable, and proximate result of OWN and Defendants, and each of them, acts] Plaintiff has suffered and continues to suffer humiliation, embarrassment, mental and ‘emotional distress, and discomfort all to Plaintiff's damage in an amount to be proven at trial 78. Plaintiff is entitled to punitive and/or exemplary damages due to the malicious, willful] ‘oppressive, intentional, and egregious conduct of OWN and Defendants, and each of them. ‘79. Plaintiff has been compelled to retain the services of counsel in an effort to enforce the terms and conditions of the employment relationship with OWN and Defendants, and each of them] and has thereby incurred, and will continue to incur, legal fees and costs, the full nature and extent of which are presently unknown to Plaintiff, who therefore will seck leave of Court t | COMPLAINT: Bwoe wane n 19 n 1 13] ul 15 16 17 18 19} 20) 2 22 23] 24 26| aTAT BU Rt csp amend this Complaint in that regard when the same shall be fully and finally ascertained| Plaintiff requests that attorneys’ fees be awarded pursuant to Government Code 12965, FOURTH CAUSE OF ACTION RETALIATION IN VIOLATION OF FEHA (By Plaintiff Against Defendant and Does 1-50) 80, Plaintiff incorporates by reference all prior paragraphs in this Complaint as if fully set forth af this point. 81. OWN and Defendants, and each of them, and/or their agents and employees are entities, joint- ‘employers or individuals subject to suit under the California Fair Employment and Housing Act, Government Code Sections 12940, et seq. > 82. At ell material times Goverment Code Section 12940(h) was:in full force and effect and was binding on OWN and Defendants, and each of them. This subsection requires OWN and| DOES | -50, inclusive, and Defendants, and each of them, to refrain from retaliating against. person who has opposed and/or complained about harassment or discrimination. 83. During Plaintiffs’ employment with OWN and DOES 1 - 50, inclusive, and Defendants, and each of them, Plaintiff resisted and opposed OWN and Defendants’, and each of them, ‘wrongful treatment as alleged above. As a result, and in retaliation against Plaintiff's actions| OWN and DOES 1-50, inclusive, and Defendants, and each of them, subject Plaintiff adverse employment actions as described above, 84, The foregoing described adverse employment actions were taken in part or in whole because of Plaintiff's objections, opposition to, and resistance of OWN and Defendants’, and each o' them, actions, as well as Plantifs efforts to exercise her rights under the California Fai Employment and Housing Act, 85. In engaging in the aforementioned conduct, OWN and DOES 1 through 50, inclusive, an Defendants, and each of them, aided, abetted, incited, compelled, and/or cocrced unlawful employment practices in violation of the announced policy of the State in such practices. — ‘COMPLAINT “soe 4 aw ew 10| u 12] 13) 14) 15] 16| 17 18) 19} 20} 21 22| 23} 24] 25] 26) an : wien 86. OWN and Defendants’, and each of them, retaliation violated Government Code Section, 12940(h) and the public policies emiodied therein, and was a substantial factor in causing damage and injury to the Plaintiff, as alleged herein. 87, OWN and Defendants’, and each of them, failure to prevent sexual harassment and maintir| an environment free from sexual harassment, discrimination and retaliation was a substantial factor in causing damage to injury to Plaintiff as alleged herein. 88. Asa proximate result of the wrongful acts of OWN and Defendants, and each of them, Plaintif has been harmed in that she has suffered actual, consequential and incidental financial lo including, without limitation, loss of salary and benefits, damage to her professional reputat and other economic losses, in an amount subject to proof at time of trial. Plaintiff claims su amounts as damages together with prejudgment interest pursuant to applicable provisions of law. 89. As a direct, foreseeable, and proximate result of OWN and Defendants’, and each of them] acts, Plaintiff has lost employment opportunities. 90. Asadirect, foreseeable, and proximate result of OWN and Defendants’, and each of them, act Plaintiff suffered and continues to suffer substantial losses in earnings and other emplo} benefits in an amount to be proven at trial. 91. Asadirect,foresceable, and proximate result of OWN and Defendants, and each of them, act Plaintiff has suffered and continues to suffer humiliation, embarrassment, mental and| emotional distress, and discomfort all to Plaintiff's demage in an amount to be proven at trial| 92. Plaintiff is entitled to punitive and/or exemplary damages due to the malicious, willful oppressive, intentional, and egregious conduct of OWN and Defendants, and each of them. 93. Plaintiff has been compelled 1o retain the services of counsel in an effort to enforce the term and conditions of the employment relationship with OWN and Defendants, and each of them, and has thereby incurred, and will continue to incur, legal fees and cosis, the full nature and} extent of which are presently unknown to Plaintiff, who therefore will seek leave of Court t. ‘COMPLADNT 8amend this Complaint in that regard when the same shall be fully and finally ascertained. Plaintiff requests that attorneys’ fees be awarded pursuant to Government Code 12965. FIFTH CAUSE OF ACTION PREGNANCY DISCRIMINATION IN VIOLATION OF FEHA (By Plaintiff Against Defendant and Does 1-50) 94, Plaintiff incorporates by reference all prior paragraphs in this Complaint as if fully set forth al this point. 95. The acts and conduct of Defendants, and each of them, as aforesaid, was in violation o California Government Code § 12940 et seq and California Government Code § 12945 et seq Said statutes impose certain duties upon Defendants, and each of them, concemis discrimination against persons, such as Plaintiff, on the basis of pregnancy, ae pregnancy, pregnancy disability and sex. Said statutes were intended to prevent the type of injury and damage herein set forth. Plaintiff was, at all times material hereto, a fem employee who was pregnant and had taken pregnancy leave and the perceived to be and within the protected class covered by California Government Code § 12940, et seq. an Califomia Government Code § 12945 et seq. prohibiting pregnancy discrimination i employment, 96, Section 7291.3 Prokibition Against Harassment: Provides: “As set forth in Government Codd Seotions 12926 and 12940, its an unlawful employment practice for an employer with one o! more employees or other covered entities to harass an employee or applicant because of pregnancy or perceived pregnancy.” 97. By the acts and conduct described above, OWN and Defendants, and each of them, have knowg about, and failed to prevent or remedy the pregnancy and or perceived pregnancy} discrimination. The acts of discrimination, harassinent and retaliation described herein werd sufficiently pervasive so as to alter the conditions of employment, and created an abusive ‘working environment. When Plaintiff was terminated,.a motivating factor in her termination] was because she had taken leave for her pregnancy and she was eplaced with someone wh ‘COMPLAINT 16ee wan een ‘was not pregnant, This information is known to defendants and will be the subject of discovery in this case. 98, Plaintiff filed timely charges and complaints of pregnancy discrimination with the Califori Department of Fair Employment and Housing and has received her right to sue in a Califori Superior Court pursuant to Califomia Government Code § 12965(b). Plaintiff has thereford exhausted her administrative remedies under the California Government Code. 99. By the aforesaid acts and conduct of Defendants, and each of them, Plaintiff has been direct! and legally caused to suffer actual damages pursuant o California Civil Code § 3333 including] but not limited to, loss of earings and future eaming capacity, attomey’s fees, and othe pecuniary loss not presently ascertained, for which plaintiff will seek leave of court to amen ‘when ascertained. 100. As a proximate result of the wrongful acts of OWN and Defendants, and each of them, Plaintiff has been harmed in that she has suffered actual, consequential and incidental ad losses including, without limitation, loss of salary and benefits, damage to her professional repulation and other economic losses, in an amount subject to proof at time of trial. Plaintf claims such amounts as damages together with prejudgment interest pursuant to applicable provisions of law, . 101. Asadirect, foreseeable, and proximate result of OWN and Defendants’, and each of them, acts, Plaintiff has lost employment opportunites. 102. Asa direct, foreseeable, and proximate result of OWN and Defendants’, and each of them, acts Plaintiff suffered and continues to suffer substantial losses in earnings and other employed benefits in an amount to be proven a tral 103. Asa direct, foreseeable, and proxi te result of OWN and Defendants, and each of them| acts, Plaintiff has suffered and continues to suffer humiliation, embarrassment, mental and] emotional distress, and discomfort all to Plaintiff's damage in an amount to be proven at trial| 104 Plaintiff is entitled to punitive and/or exemplary damages due to the malicious, willful, oppressive, intentional, and egregious conduct of OWN and Defendants, and eacti of them.ee yaw sn AIA7s BU RL R ean angst 105, Plaintiff has been compelled to retain the services of counsel in an effort to enforce the terms and conditions of the employment relationship with OWN and Defendants, and cach of ‘them, and has thereby incurred, and will continue to incur, legal fees and costs, the full natured - and extent of which are presently unknown to Plaintiff, who therefore will seek leave of Court to amend this Complaint in that regard when the same shall be fully and finally ascertained, Plaintiff requests that attorneys’ fees be awarded pursuant to Government Code 12965. SIXTH CAUSE OF ACTION RETALIATION IN VIOLATION OF FEHA (PREGNANCY) (By Plaintiff Against Defendant and Does 1-50) 106, Plaintiff incorporates by reference all prior paragraphs in this Complaint as if fully set fort at this point. 107. Defendant's employees, supervisors and managing agents, and each of them, while acting in the course and scope of their employment with Defendant and in carrying out the policies and practices of Defendant, discriminated, harassed and retaliated against Plaintiff on the basi her pregnancy and failed to take all necessary steps to prevent discrimination, harassment and retaliation from occurring. 108, The acts and conduct of Defendants, and each of them, as aforesaid, was in violation of California Government Code § 12940 et seq. Said statutes impose certain duties upon Defendants, and each of them, concerning discrimination, harassment and retaliation against persons, Such as Plaintiff, on the basis of engaging in the protective activity of pregnancy and the prohibi Said statutes were intended to prevent the type of injury and damage herein set forth, Plaintiff n of discrimination, harassment and retaliation based on perceived pregnancy! ‘was, at all times material hereto, pregnant, an employee who exercised her rights to pregnanc} leave and perceived to be pregnant again and within the piotected class covered by Califor Government Code § 12940, prohibiting pregnancy, perceived pregnancy discris retaliation in employment. yn and, _——$————— ‘COMPLAINT. 110 WW 12 13) 4 15 16| 17] 18} 19) 20] 2 a ata, N RB 109. By the aforesaid acts and conduct of Defendants, and each of them, Plaintiff has been] directly and legally caused to suffer actual damages pursuant to California Civil Code § 3333 including, but not limited to, loss of earnings and future earning capacity, attorney's fees, and other pecuniary loss not presently ascertained, for which plaintiff will seek leave of court to amend when ascertained. 110. As a proximate result of the wrongful acts of OWN and Defendants, and each of them, Plaintiff has been harmed in that she has suffered actual, consequential and incidental financial losses including, without limitation, loss of salary and benefits, damage to her professionay reputation and other economic losses, in an amount subject to proof at time of trial, Plainti claims such amounts as damages together with prejudgment interest pursuant to applicabld provisions of law. : 111. Asa direct, foreseeable, and proximate result of OWN and Defendants’, and each of them, acts, Plaintiff has lost employment opportunities. 112, Asadirect, foreseeable, and proximate result of OWN and Defendants’, and each of them, acts Plaintiff suffered and continues to suffer substantial losses in earnings and other employed benefits in an amount to be proven at trial, 113, Asa direct, foreseeable, and proximate result of OWN and Defendants, and each of them, acts, Plaintiff has suffered and continues to suffer humiliation, embarrassment, mental i) emotional distress, and discomfort all to Plaintiff's damage in an amount to be proven at trial 114, Plaintiff is entitled to punitive and/or exemplary damages due to the malicious, willful oppressive, intentional, and egregious conduct of OWN and Defendants, and each of them. 115, Plaintiff has been compelled to retain the services of counsel in an effort to enforce the terms and conditions of the employment relationship with OWN and Defendants, and each o them, and has thereby incurred, and will continue to incur, legal fees and costs, the full nature} and extent of which are presently unknown to Plaintiff, who therefore will seek leave of Cour to amend this Complaint in that regard when the same shall be fully and finally ascertained| Plaintiff requests that attomeys' fees be awarded pursuant to Government Code 12965, cOMPLATT 810 il 12] 3 14 15| 16 v7 18 19} 20| 2 24] 2s| 26| "21 38) ataze ee ae wD SEVENTH CAUSE OF ACTION FAILURE TO INVESTIGATE AND FAILING TO PREVENT DISCRIMINATION, RETALIATION AND HARASSMENT IN VIOLATION OF FEHA (PREGNANCY) (By Plaintiff Against Defendant and Does 1-50) 116. Plaintiffincorporates by reference all prio paragraphs in this Complaint as if fully set fort at this point. 117. Defendant's employees, supervisors and managing agents, and each of them, while acting in the course and scope of their employment with Defendant and in carrying out the policies and practices of Defendant, discriminated and retaliated against Plaintiff on the basis of hed medical condition and pregnancy failed to take all necessary steps to prevent discrimination] harassment and retaliation from occurring, 118. The acts and conduct of Defendants, and each of them, as aforesaid, was in violation of Califomia Government Code § 12940 et seq, Said statutes impose certain duties upoxt Defendants, and each of them, concerning discrimination, harassment and retaliation against persons, such as Plaintiff, on the basis of engaging in the protective activity of taking pregnancy leave, pregnancy and the prohibition of pregnancy discrimination and perceived pregnancy discrimination, harassment and retaliation. Said statutes were intended to prevent the type of injury and damage herein set forth, Plaintiff was, at all times material hereto, an cemployee'with a physical disability, medical condition, and within the protected class covered by California Government Code § 12940, prohibiting physical disability, medical conditior} discrimination, harassment and retaliation in employment. 119. _PlantifPbelieves and thereon alleges that her engagement in the protective activity as stated above was a motivating factor and/or a substantial factor in the discrimination, harassment and| retaliation she has suffered because of the Defendant’s actions. 120. By the acts and conduct described above, Defendants, and each of them, in violation o! said statutes, knew about, or should have known about, and failed to prevent or remedy the pregnancy discrimination and perceived pregnancy discrimination, pregnancy harassment and| perceived pregnancy harassment, and pregnancy retaliation and perceived pregnanc ‘COMPLAINT 20ee wane wn 10} u 1 13 14 45 16 17] 18 19 20] 2] retaliation. The acts of discrimination, harassment and retaliation described herein wer sufficiently pervasive so as to alter the conditions of employment, and created an abusi working environment. A motivating factor in Defendant’s discrimination, harassment and retaliation was because of her pregnancy /perceived pregnancy. 121. By the aforesaid acts and conduct of Defendants, and each of them, Plaintiff has been} directly and legally caused to suffer actual damages pursuant to California Civil Code § 3333] including, but not limited to, loss of earnings and future earning capacity, attorney's fees, and other pecuniary loss not presently ascertained, for which plaintiff will seek leave of court t amend when ascertained. 122, As a proximate result of the wrongful acts of OWN and Defendants, and each of them] Plaintiff has been harmed in that she has suffered actual, consequential and incidental financial losses including, without limitation, loss of salary and benefits, damage to her professional] reputation and other economic losses, in an amount subject to proof at time of trial. Plaintiff claims such amounts as damages together with prejudgment interest pursuant to applicabld provisions of law. as 123, Asa direct, foreseeable, and proximate result of OWN and Defendants’, and each of them, acts, Plaintiff has lost employment opportunities. H 124, Asa direct, foreseeable, and proximate result of OWN and Defendants’, and each of them, acts Plaintiff suffered and continues to suffer substantial losses in earnings and other employed benefits in an amount to be proven at trial. 125, Asa direct, foreseeable, and proximate result of OWN and Defendants, and each of them, acts, Plaintiff has suffered and continues to suffer humiliation, embarrassment, mental and emotional distress, and discomfort all to Plaintiff's damage in an amount to be proven at trial 126. Plaintiff is entitled to punitive and/or exemplary damages due to the malicious, willful oppressive, intentional, and egregious conduct of OWN and Defendants, and each of them. 127, » Plaintiff has been compelled to retain the services of counsel in an effort to enforce th terms and conditions of the employment relationship with OWN and Defendants, and each of a companwewaueun ‘them, and has thereby incurred, and will continue to incur, legal fees and costs, the full nature and extent of which are presently unknown to Plaintiff, who therefore will seek leave of Court to amend this Complaint in that regard when the same shall be fully and finally ascertained. Plait ‘requests that attomeys' fees be awarded pursuant to Government Code 12965. EIGHTH CAUSE OF ACTION INTENTIONAL INELICTION OF EMOTIONAL DISTRESS (By Plaintiff Against Defendant and Does 1-50) 128. Plaintiéfincorporates by reference all prior paragraphs in this Complaint as if fully set forth] at this point. 129. OWN and Defendants’, and each them, conduct set out in the Complaint was extreme and ‘outrageous and an abuse.of the authority of OWN and Defendants, and each of them, 130. OWN and Defendants’, and cach of them, conduct set out in the Complaint was intended] to cause severe emotional distress, or was committed with a reckless disregard of the probability of causing such distress because OWN and Defendants’, and each of them, knew that Plaintiff wag present when the conduct occurred. 131, OWNand Defendants, and each of them, abused their position of authority toward Plaintifl and engaged in conduct intended to humiliate Plaintiff and to convey a message that Plaintiff was| powerless to defend her rights. 132, Plant suffered severe emotional distess asa result ofthe Defendants” conduct 133. OWN and Defendants, and cach of them, conduct was a substantial factor in causing Plaintiff severe emotional distress. 134, OWN and Defendants, and each of them, acted with malice and oppression and as a result Plaintiff is entitled to punitive damages. : Ms. 7 Miwee es a ey R aU gg op NINTH CAUSE OF ACTION NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (By Plaintiff Against Defendant and Does 1-50) 135. Plaintiff incorporates by reference all prior paragraphs in this Complaint as if fully set forth at this point. 136. In carrying out the above conduct, OWN and Defendants, and each of them, breached duty to Plaintiff to provide a workplace free from unfair treatment, discrimination, harassment and retaliation, and abused their positions of authority toward Plaintiff. 137. OWN and Defendants, and each of them, conduct was not the type of conduct normally, ‘expected to oceur in the workplace. 138. OWN and Defendants, and each of them, ‘knew or should have known that the abovg conduct would cause Plaintiff emotional distress. As a proximate result of Defendants’, and each of them, negligent conduct, Plaintiff suffered and will continue to suffer‘extreme i humiliation, embarrassment, mental anguish, apprehension, fear, ordeal and emotional distress in the amount according to proof. . i 139. OWN and Defendants, and each of them, acted with malice and oppression and as'a result Plaintiff is entitled to punitive damages. ‘TENTH CAUSE OF ACTION VIOLATION OF LABOR CODE § 226(¢) (By Plaintiff Against Defendant and Does 1-50) tiff incorporates by reference all prior paragraphs in this Complaint as if fully set forth, 140, Plai at tis point, 141. California Labor Code section 226(c) mandates that “An employer who receives a writte! ‘or oral request to inspect or copy records pursuant to subdivision (b) pertaining to a current former employee shall comply with the request as soon as practicable, but no later than 21| calendar days ftom the date of the request. A violation of this subdivision is an infaction| lity of performance, not caused by of. a result of a violation of law, shall be an, | ‘COMPLAINT 3Sow waue ow ul 12 13) 14] 15| 16} "7 1g 19] 20 ay n 23 24 25 26 a7 28 7 e affirmative defense for an employer in any action alleging a violation of this subdivision. Ad employer may designate the person to whom a request under this subdivision will be made.” 142, In or about 2015 Plaintiff made an oral request to OWN to inspect her personnel file bul her personne! file was not produced. 143, In orabout 2015 Plaintiff also made a writen request to OWN to inspect her personnel fil but her personnel file was not produced, 144, Pursuant 13 Labor Code §§ 226) and 226(t) Plaintiff is entitled to recover liquidated damages, reasonable attomey’s fees and costs of suit. mW mM mM COMPLAINT.ee yaw aun PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendant OWN as follows: ON THE FIRST CAUSE OF ACTION FOR SEXUAL HARASSMENT IN VIOLATION OF FEHA: 1. For general damages according to proof at the time of trial mental pain and anguish and emotional distress, according to proof, 2. For special damages according to proof atthe time of trial including lost wages, earnings| retirement benefits and other employee benefits, and all other sums of money, together with interest on these amounts, according to proof; 3. Forattomey’s fees and costs in an amount according to proof; 4, For prejudgment interest; 5. For punitive/and or exemplary damages; and 6. Any other relief that is just and proper. ON THE SECOND CAUSE FOR SEXUAL DISCRIMINATION IN VIOLATION OF FEHA: 1. For general damages according to proof at the time of trial mental pain and anguish and} emotionel distress, according to proof, 2. For special damages according to proof at the time of trial including lost wages, carnings retirement benefits and other employee benefits, and all other sums of money, together, ‘with interest on these amounts, according to proof, For attomey’s fees and costs in an amount according to proof; For prejudgment interest; For punitive/and or exemplary damages; and ae se Any other relief that is just and proper. comrLamnr 8ON THE THIRD CAUSE OF ACTION FOR FAILURE TO PREVENT SEXUAL HARASSMENT, SEXUAL DISCRIMINATION AND RETALIATION IN VIOLATION OF FEHA: 1, For general damages according to proof at the time of trial mental pain and anguish and emotional distress, according to proof, : 2. For special damages according to proof atthe time of trial including lost wages, eamings| retirement benefits and other employee benefits, and all other sums of money, together with interest on these amounts, according to proof; For attomey’s fees and costs in an amount according to proof; For prejudgment interest; For punitive/and or exemplary damages; and Any other relief that is just and proper. ON THE FOURTH CAUSE OF ACTION FOR RETALIATION IN VIOLATION OF FEHA: 1, For general damages according to proof at the time of trial mental pain and anguish andj emotional distress, according to proof; 2. For special damages according to proof at the time of trial including lost wages, earnings| retirement benefits and other employee benefits, and all other sums of money, togethes ‘with interest on these amounts, according to proof; For attomey’s fees and costs in an amount according to proof; For prejudgment interest; For punitivefand or exemplary damages; and Any other relief that is just and proper. ON THE FIFTH CAUSE OF ACTION PREGNANCY DISCRIMINATION IN VIOLATION OF FEHA: 1. For general damages according to proof at the time of trial mental pein and anguish and emotional distress, according to proof, ‘COMPLAINT 26oe au sw 19] 13 14 -15| 16] 7 * FAILING TO PREVENT DISCRIMINATION, RETALIATION AND HARASSMENT |————}$— 2. For special damages according to proof at the time of trial including lost wages, earings, retirement benefits and other employee benefits, and all other sums of money, together with interest on these amounts, according to proof; 3, For attomey’s fees and costs in an amount according to proof; 4, For prejudgment interest, 5. For punitive/and or exemplary damages; and 6. Any other relief that is just and proper. ON THE SIXTH CAUSE OF ACTION RETALIATION IN VIOLATION OF FEHA| (PREGNANCY) : 1. For general damages according to proof at the time of trial mental pain and anguish and emotional distress, according to proof, 2. For special damages according to proof at the time of trial including lost wages, earnings, retirement benefits and other employee benefits, and all other sums of money, together with interest on these amounts, according to proof, |. For attomey’s fees and costs in an amount according to proof, |. For prejudgment interest; . For punitive/and or exemplary damages; and 5. Any other relief that is just and proper. ON THE SEVENTH CAUSE OF ACTION FAILURE TO INVESTIGATE AND| 3. 4, 3. 6 IN VIOLATION OF FEHA (PREGNANCY) 1. For general damages according to proof at the time of trial mental pain and anguish and, emotional distress, according to proof # 2. For special damages according to proof at the time of trial including lost wages, earnings, retirement benefits and other employee benefits, and all other sums of money, together with interest on these amounts, according to proof, 3. Forattomey’s fees and costs in an amount according to proof; ‘COMPLAINT. aa mM 4, For prejudgment interest; 5, For punitive/and or exemplary damages; and 6. Any other relief that is just and proper. ON THE EIGHTH CAUSE OF ACTION OF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: eee 1. For general damages according to proof atthe time of trial mental pain and anguish anq emotional distress, according to proof, 2, For special damages according to proof at the time of trial including lost wages, earnings, retirement benefits and other employee’ benefits, and all other sums of money, together with interest on these amounts, according to proof; For attomey’s fees and costs in an amount according to proof, For prejudgment interest; For punitive/and or exemplary damages; and Any other relief that is just and proper. ON THE NINTH CAUSE OF ACTION FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS . 1. For general damages according to proof at the time of trial mental pain and anguish and ae ee emotional distress, according to proof, 2. For special damages according to proof atthe time of trial including lost wages, earnings retirement benefits and other employee benefits, and all other sums of money, togethey ‘with interest on these amounts, according to proof; For attomey’s fees and costs in an amount according to proof, For prejudgment interest; For punitive/and or exemplary damages; and Any other relief that is just and proper. COMPLAINT wwee wane on e e ON THE TENTH CAUSE OF ACTION FOR VIOLATION OF LABOR CODE §26(6) 1. For general damages according to proof at the time of trial mental pain and anguish and} emotional distress, according to proof; 2. For special damages according to proof at the time of trial including lost wages, earnings, retirement benefits and other employee benefits, and all other sums of money, toget with interest on these amounts, according to proof, 3. For attomey’s fees and costs according to proof, 4. For penalties as warranted for Labor Code violations; and 5. Any other relief that is just and proper. DATE: November 16, 2016 LAW OFFICE OF GLENN E. STERN Glenn B. Stem Jan Aune Attomey for Plaintiff ‘COMPLAINTrage 3006 38) oe co PP CReam e*Sietr SB BABE San PA ne SBE Peis «7 | AW Sante oe CoE! rE a Spy Feo Glendora, CA 91781 1LED Teoninen: 626.335 644 rue 213280.711 "ee FEE aria stoner rom wane: Plaintiff Rebecca Taylor ty of Las Angeles: [SUPERIOR couRT OF CaLIFORMA,couNTYOF LOS ANGELES ee Ue N, Hill Street NOV 16 2015 (rvanDmP cone Loe an ‘Angeles 90012 Sherri A. Carter, jiye OticenCierk ‘suche. Stanley Mosk Courthouse . ep oe Siedest Taylor v. Oprah Winfrey Network (OWN) CIVIL CASE COVER SHEET Complex Case Designation Pree eee counter) sotnder BE-6-40-88-4 demanded ‘demanded is Filed with frst appearence by defendant. | “6% cvcatetes0m) Sesatooreen| "(ca uso rue Se) | sr hems 1-61 /mus! be completed (see instructions on page 2) Fr treaane acacorT ee pe eos ceases faTon ane Pvseray Contes Cv ten ey Fomor amannmren [ ticore tte Ua tt) faeces (on ] Antes epson) per viron erenainuyPrpery — C) Onorescie nnn cee Seaperengo rere cme) ast a Oars) Senseo 2 Ey pesaitray aire Fy enon fe Stee nme vraconrgy a sti fon Cl crores cartes Seenenaraee axiom (ote Ton 1 Wena oy se uceas trv shoes praca) [=] ere! pape 2) nate ae: cae Uv eae Eocene fen) Defamation (13) [EF commersican) Miscetoneous Givil Complaint Fost) Ey eee Chreoan Inetecue! opr (18) CO dovos ee) (Otter eamglan rt specie above) (2) Professional negligence (25) zat Review: ‘Wiscetonsous Cll Pettion (5 otmer non PYPDIWO tox (35) i ‘Partnership and comporete govemanse (21) a i Petre ttn necn . ‘gem 95) 1 Netcare S [Z} orner ernptoyment (18) TE) omer sic vin 36) 2 TWiscase [Tis [2Tisnot complex under ue 400 of he Calfomia Riles of Cour We canes complos, ark he {ack equiig exoapioal ical management a.) Large number of separately represented pares. [] Large number of winesses Extenive mofo practie raising diut ocnavel_e. _] Coorsnton wth elated ation pening inane o mare‘cours {issues thal wl be time-consuming o rool in oar counts, tates or counts, ar ina federal out 2 Substantial amount of documentary avidence _&, (] Subetantal posfudgment juice! euperiion 3. Remedies sought (chock all that apply): a7] monetary b.[—] nonmonstary; deciaratory or injunctive riot 4 Number of causes ofazion (spect): Nine 5. Tiscase Cis [ZJismot adass acton ut 6. thor are any own related case, fle and sone arate ofrelted cae’ (¥p ate: November 15, 2016 Jan T. Aune, Es CE «+ Plait must fe this cover sheet wit he fst paper fle in the akign& proceeding (except smal aims cases or cases fled ‘under the Probate Cede, Famly Code, or Welfare and Istivtons Cee). (Cal Rules of Coun, nul 3.220.) Faure lo fe may result Insenctens, + Fie ts cover sheet in addon to any cover sheet required by local court ue = IThis case s complex under rule 3400 et sag of the Callamia Rules of Cour you must serve a copy of this cover sheet on all ‘tne pats othe action o¢ proceeding, * Unless isis 2 colectons case under ue 3.740 cr complex case, hs cover sheet wil be used for statistical purposes onl a NIL CASE COVER SHEET Saas Sa —— ‘Dooh 1 Fagen 30 ~ Doo ID = 1670506098 ~ Doc type ~ OmMERage 81 of 30) « mov onsumracnenonon = SCFAT EET CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) ‘This form is required pursvantto Local Rule 2.3 all new civil case filngs inthe Los Angeles Superior Court Step 4: After completing the Clase Cover Sheet (Judicial Counc form CM-010), find the exact case type in Column A that corresponds tothe case type indicated inthe Cl Case Cover Sheet. Step 2: in Column B, check the box for the tyne of action that best describes the nature of the case. Step 3: In Column C, circle the number which explains the reason forthe court filing location you have chosen, ‘Applicable Reasons for Choosing Court Fling Location (Column C) 1.0iassactons mustbe fled inthe Stray Mosk outhouse, Canal Dis, 7 Lonatenbere petioner resides. 2 Permissive tng ince it . 8. Locaton wherein delentantrespndertfrcons wy. Location wher eawseofarton arose, 8. Locaton where one or mom of paras resi. 4 Mandan pervonal ing la Noth Ot 10. LacatonfLabor Comisioner Oo, Ic iosmuateise etesreceneaeabr mieriee eau 11 Mandatory fing location ub ases~unloeful detainer, ited ‘or caletion, lites cain, pesona uty) 6. Loeatanot peony er pemanenty garaged vec, A ; Bo FEEL Eee efacasé Co shat Types aso 7 lt ees Stroy ; (Geecenyom __ [eater 1B ATICO Neer Vee Poca uy repay DaroweNreegtuDean | fa a5 ATH PoownPept Coenen Urrawsta [.4 1 g 2 A670 AatowtosPrpaty Damage : nit fs na (D A721 Asbestos - Personal injuryMiongfl Death wat gs = Product Lidbility (24), D_AT260 Product Liabifty (not asbestos of toxicfennizonmental) 14 Es 0. AT2IO Medical Mapracton- Physicians & Sugeons a Meseamapetot8) | 2x0 ober Prissnaeath Ce parce nat 2 i ae ear eerereee enna a z er penanat a, ce Gowran’ | a2 hertansBesyhunPretyDerepeionoesnies, {tay 24 | oe Sianwnoon ee) : e (Death (23), D_A7270 Iniertional infliction of Emotional Distress an is 1. A720 Ot Penealeniopery Danaetgts est nant e ‘Gaviopeay ~~~ CIVIL CASE COVER SHEET ADDENDUM Toca R623 LASC Approved 03-06 AND STATEMENT OF LOCATION Page 1of4 och 1 Faget $1 ~ Doo 3D = 1670906095 - noc Type = onanrage 32 of 34) ~ FF irtonormarmnrne THR omp = | hacen to yee! ors, 7 ee, "__Cetegory No. ‘(Check only one) remiss Fa asain ellen onreterasemeeareierinmma aes HELE | FE | enronre [art carn = a3 Detematon(t3) - | ASOIO Detamaton anderibey 4.2.9 | as By | pownauneas |F (ety chsh toner i 2a uaa eae ime i ‘Wrongful Termination (36) {0 A6037 Wrenghl Temination - rerseecerer ss 2 ean i EN | 0 Lb Combiner ess aS | of pase Coniract (not unlawéul detainer or weonghd Breach of Contract’ bed veggie | gecop convaczvarany resch Sale Pai ro taudegiganes) 28 {not insurance) 1 ASO19 Negligent Breach of ConvaciWarranty (po aud) ast DO A8028 Other Breach of ContractWemrenty (not fraud oF negligence) ie __|o ane 2 g Ate Coton Cue Ste Pi sant aa i ae cas cae tatoo Be beat 0 A8036 Collections Case-Purchased Debt (Charged Off Consumer Debt 5.6.11 oc Coat Dat eaneecat lie Ganiesimes! Gael alam camara hase eects rt |e et amnees od Sia caeecoamse snare sean Trerbomiveres= | 4730) Ere DonelContenralon , _Nevberofpora, 2.6 Ss 7 aan meproaes ie dee taeeeopete aia cates 7 lisa ea eae caelnest cg etl 2 a par Cone Ty pgnzt awl etn Carmel rg er were) en Z = rb [Petree | ao maomenncnaigamemmnveasn [ar oo ee — ro es aa 2s Uniawéu! Detsiner-Orugs (38) | © A802 Uniawtui Detainer- Drugs 2.6.97 ‘LACIY 109 Rev 2116) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3. LASC Approved 2-04 (AND STATEMENT OF LOCATION Page 2of 4 ‘ocd 4 Fagen 32 ~ Doo 9 = 1670906098 Doo Sype = OrmERage 33 of 38) 7 [PFT TAYLOR v. OPRAH WINFREY NETWORK (OWN) See TA 8 wo ‘hal Case Cover Sheet Typectacton : eatens Se Sep Sogo he (Ceexonyon ‘ame ‘AssetFetetze(06) | ASI08 Asset Fore Cae fae Poon re Atiaten (i) [1 ABII5 PettenloConpelCenteAectsAiatan 28 I rn 7 a ‘Wit of Mandate (02) | AB1E2 Wht Mandemus.on Lined Gout Case Mater 3 1D A6%89 Wit-CinerLinted Curt Cae Revew 2 Sr 28 sg [AainsiedeReguaton (a) [Abd03 Ants Tade Ruston 128 1 eeseanoenc [0 no coma vas B | Cemolnetisa mess Te | A606 chins ching Mes Tet 1.28 2 . S| secrtestrgatoncny | a6tes Sects itpaton ase 128 7 ees |e eens ere 3 E | meuerecneamecians Te cate mana CovrapelSibegain(coplecat cay) IG Abtet SierSate rent pen 1" 1 ASt6D Abeinto Jeger 26 RE xtvcenen | 11 ABIO? Contessnottfgnentrendomesteriaton) 28 gf ‘ducer (20) 1 1_ABt40 Admiistrative Agency Award (ot unpaid taxes) 28 zs 1 Abt14 PettonCenitetetar Em of utgmentenUnps Tax 28 1 ASI12 Ofer Erenent ol Judgment Cate 289 SS i ‘ICO 1 AGIES Rachtearg (RICO) Coe 28 ge 1 ABO Decoy Reet Oxy = ve: congiunis |. AEOO ne Reet Ona conestonsasinen) BS | wwatspeciedAbeve) 2) | agors omer Comma! Compant Case (ronttion compen as 1. A6000 Otter civ Corel ron totnr came GoreanSc Gy |O_ABYIS Pasneripand Corerate Goverance Case 1 A6t21 ChiHarasiment 239 ge 10 48120 WottorHeaisoert 239 BE | onarasnegy | 5% Eewropmsenaasrnrun cane 239 } z ‘Spactied Above) (43) | A610 Elecfon Contest 2 & 1D ASI10 PettenteChageat NamelChange of Genser a 13 ASI70 Peston fr Rate fom Lee Calm Law aan a As100 oer Paton 20 Noawca Rem CiviL CASE COVER SHEET ADDENDUM Toes le 23 Use Approved co o4 AND STATEMENT OF LOCATION Page Sot ‘boob 1 Pages 35 ~ Doo 1D = 1670506081 oe ype = omenage 34 ce 36) = |ROSTEE TAYLOR v. OPRAH WINFREY NETWORK (OWN) ae ‘Step 4: Statement of Reason and Address: Check the appropriate boxes for the numbers shown under Column Cfor the type of action that you have selected. Enter the address which Is the basis fr the fling location, including zipcode. {Wo address required for clss action cases). nevson 1041 N FORMOSA AVE: 01,02.09.34.05.06.07. 58.0 9.010.011, : West Holywood lca | s0046 Step &: Certification of Assignment: Icerify that ths caseis propery led in the Central District of the Superior Court of California, County of Los Angeles {Code Cv. Proc., §392 at seq., and Local Rule 23(al{a)E)). Dated. Novernber 15, 2016 a AoMNETnUNPART PLEASE HAVE THE FOLLOWING ITENtS COMPLETED AND READY TO BE FILEDIN ORDER TO PROPERLY ‘CONIMENCE YOUR NEW COURT CASE: ‘ 1. Original Compiaint or Potton. 2. Iffiing a Complaint, a completed Summons form for issuance bythe Clerk 3. Civil Case Cover Sheet, Judicial Council frm CM-010. 4 iy case Cover Shet Aadendum ad Statement Locton fam, LACIV 108, LASC Approved 02-04 (Rev 5. Paymentin ul ofthe filing fe, unless there i cout order for waiver, partial or scheduled payments, 6. A signed order appointing the Guardian ad Litem, Judicial Councl form CIV-010, the plainti or petioneris a ‘miner under 18 years of age wil be required by Court in order toissue a summons. 7. Additional copies of documents to be conformed by the Clerk. Copies ofthe caver sheet and this addendum ‘must be served along with the summons and complaint, or other intiating pleading inthe case, Uv 109 Rev2re) CIVIL CASE COVER SHEET ADDENDUM Local Rulb 23 asc Aspromdosed AND STATEMENT OF LOCATION Pages of 4 Doct 1 Page 34 - Doo 1D = 1670906098 - Doc Type = oR