DSH aes yer e a HoRTOW Law Fu Laura L. Horton, SBN 158990 Flor C. Dery, SBN 271876 HORTON LAW FIRM 9045 Corbin Avenue, Suite 260 Northridge, CA 91324 LED Telephone: (818) 407-0700 Spy atte Gator Facsimile: (818) 407-0705 E-mail: laura@horton-law.com OCT 06 2017 Attorneys for Plaintiff, Jami L. Cantor Sah Sefer Exerue Oteoro uy any ar SUPERIOR COURT OF THE STATE OF ‘CALIFORNIA “"L. RORTHECOUNTY oF Los aNGELEs BC 678714 JAMIL. CANTOR, an individual, CASE NO: > Plaintiffs, CoMPUAIvE FOR DAMAGES as 1. Discrimination Because of Age and v. ‘Sex/Gender in Violation of FEHA — us Government Code § 12940(a) NFL ENTERPRISES, LP, a limited 2. Sexual Harassment and Hostile Work partnership; JESSICA LEE, an individual; and Environment in Violation of FEHA — DOES 1 - 50, inclusive, * Government Code § 12940) & 2 Cal. Code Regs. § 7287.6 Defendants, 3. Retaliation in Violation of FEHA — Government Code § 12940(h) & 2 Cal. Code Regs. § 7287.8 -4, Failure to Prevent Discrimination, Harassment, or Retaliation in Violation| of FEHA — Government Code § 12940(k) 5. Wrongful Termination in Violation of Public Policy 6. Retaliation in Violation of Labor Code § 1102.5 7. Unfair Business Practices (Bi. Proff, Code §17200et. seq.) mm FS . Unpaid Wages & Penalties} s 2 f g 9. Conversion (WagesT He! 8 10. Labor Code Violatioris Pursuit, the |, Private Attomey General’s Aét{Labor | 5? Code §2699et.seg) 828 |e 11. Defamation 5 JURY TRIAL DEMANDED.. ae Door COMPLAINT FOR DAMAGES,Plaintiff, JAMIL. CANTOR, complains against Defendants, and each of them, demands ‘a trial by jury of all issues and for all causes of action, and hereby alleges, based upon information and belief, the following: PARTIES 1. Atal relevant times herein, Plaintiff JAMI L. CANTOR (Plaintiff) is, and was, an individual residing within the State of California, County of Los Angeles. 2. Atall relevant times herein, NFL ENTERPRISES, LP (NFL) is, and was, a limited partnership doing business in the County of Lés Angeles, State of California, and qualified as an “employer” under the Fair Employment and Housing Act (FEHA) at Government| Code § 12926(4): * 3. Atal relevant times, Defendant JESSICA LEE was a resident of the State of California, County of Los Angeles. Plaintiff is informed and believes, and thereon alleges, that during all relevant times mentioned herein, Defendarit JESSICA LEE was employed by Defendant NFL ENTERPRISES, LP in a managerial and supervisorial capacity and was Plaintif’s supervisor. 4. L addition to the Defendants named above, Plaintiff sues fictitiously Defendants DOES 1 thidiigh’50, inclusive, pursuant to Code of Civil Procedure § 474, because their names, capacities, status, of facts showing thein to be liable are not presently known. Plaintiff is informed and believes, and thereon alleges that Defendarits, and'each of them, designated herein as DOES | thrétigh 50, are responsible in some manrier for the occurrences and happenings herein alleged, and that Plaintiff's damages, as herein alleged, were arid are the direct and proximate fesult ofthe actions of said Defendants, and each of them. Plaintiff will amend this complaint to show their tiie fidmes and capacities, together with appropriate charging language, ‘when such iiforniation has been ascertained. 5. Plaintiffs informed and believes, and based thereon alleges that at all times material and relevant herein, that each of the Defendants, including each DOE Defendant, was the agent, ‘subsidiary, employee, representing partner, partner, servant, employer, joint-employer, co-venturer, joint venture, successor corporation, successor entity, sucesso‘; alter ego, and/or = “COMPLAINT FOR DAMAGESweer Aaneun 10 u 12 13 4 15 16 7 18 19 20 21 2 2B 24 25 26 27 28 Honrons Law Fig lowiner, of the remaining Defendants and was working in concert with his or its co-Defendants ‘and was acting within the course and scope of such agency, successorship, ownership, partnership, employment, venture, and/or concerted activity and in doing the acts alleged herein, ‘was acting both individually and within the course and scope of such agency, partnership, employment, venture, and/or concerted activity and with the knowledge, consent and ratification of the remaining Defendants. Each of the Defendants condoned, approved of and/or otherwise ratified the acts of each of the other Defendants. Whenever and wherever reference is made in this Coriplaint ta'an failure to act by a Defendant or co-Defendant, such allegations and references shall also be deemed to'miean the acts and/or failures to act by each Defendant acting individually, jointly and severally. 6. Plaintiff reserves the right to amend ier charges to plead agency between Defendants NFL; LEE, and DOES 1 — 50, inclusive, and any of them, at any time that she ascertains acts supporting such agency between such Defendants. JURISDICTION & VENUE “The amount of Plaintiff's claims exceeds the minimal jurisdictional dollar amount| for this Court of unlisted jurisdictiow, 8 One or more ofthe Defendants resides within and/or does business within the State of California} County of Los Angeles, making this Court the proper venue for PlaintifP’s pneccncs ADMINISTRATIVE REMEDIES a . Plaintiff has satisfied all private, administrative and judicial prerequisites to the institution of this action, 10. Plaintiff timely filed charges with the Department of Fair Employment and Housing (DFEH) against the named Defendants, and each of them, for the wrongful acts alleged herein, and was issued a right-to-sue letter by the DFEH within the past year. 1. This action is not preempted by the California Workers’ Compensation Act because claims brought under the FEHA and Labor Code — ineluding without limitation discrimination bécaiisé of age and sex/gender, sexual: harassment, retaliation, failure to prevent 3 oor ‘COMPLAINT FOR DAMAGES:2 3 4 5 6 7 8 9 discrimination, harassment, and retaliation, and violations of the Labor Code — are not risks or conditions of employment subject to workers’ compensation law. 12, This action is not preempted by any collective bargaining agreement, the National Labor Relations Act or other Federal law because these claims arise out of violations of the public policies of the State of California as set forth in the California Constitution, California Fair Employment & Housing Act at Government Code § 12900 et. seq. and other state laws. 13." On October 6, 2017, Plaintiff, pursuant to Labor Code § 2699 et. seq., through Plaintiff's attorneys, sent a letter via Certified Mail Retum Receipt Requested to the Labor and Workforce Development Agency. FACTS COMMON TO MORE THAN ONE CAUSE OF ACTION 14, This action arises under the laws of the State of California (Government Code § 12920 et. seq.) and the rules, regulations implemeriting said statutes and common law. 15. Plaintiffs member ofa protected class within the meaning of the California Fair Employment & Housing Act, Government Code §12900, seq. (FEHA). Plaintiffs female, over the age of 40, and opposed employment practices forbidden under the FEHA, i.e. discrimination, sexual harassment, retaliation, and has protested illegal activity in violation of various California Labor Codes including, but not limited to California Labor Code §§ 201, 203, 218.5, 226.7, $10, 512, 558, 1102.5, 1194, and 2802. 16. Plaintiff is an “employee” under the FEHA at Government Code § 12926(4). 17. . Atoll times during her employment Plaintiff performed her job duties in a competent and satisfactory manner. 18, _Atall times material herein, Defendant NFL qualified as an “employer” under the FEHA at Government Code §12926(d) and within the meaning of the FEHA. 19. Atall times material herein, Plaintiff was employed by Defendant NFL as a wardrobe stylist in Los Angeles County. 20. Plaintiff began her employment with NFL Enterprises, LP (NFL) approximately in 2006 ai a wardrobe stylist 21. Part of Plaintiff's job duties was to build a wardrobe closet so the talent would rs ‘oor ‘COMPLAINT FOR DAMAGES,2 a 4 5 6 7 8 9 0 HorTow LAW Fifiie “a have clothes to wear on the NFL shows. However, at the'NFL there was no wardrobe budget. To create a wardrobe closet, she had to use her own clothes, set up studio accounts with department stores using her own credit card to buy clothes for the talent. 22. Plaintiff complained often to her supervisors and NFL’s Human Resources that she was not given a budget or resources to build a wardrobe for the talent, she was using her own| [credit card for loaned and purchased clothes, she was not being reimbursed for the wardrobe she paid for using her own money, she was being forced to work off the clock without pay, and she ‘was never given meal and rest breaks. If the talent damaged the loaned clothes, Plaintiff had to pay for the clothes because they were charged to her personal credit card. ~~ 23. Throughout Plaintiff's employment at NFL, she was also subjected to ongoing and contifiuing sexual haraisinent by employees of NFL. They would touch her butt, breasts, point to their privates in front of her, make comments like, “I can’t handle your ass, it is so luscious,” and send her pictures while in their underwear, in the shower, or naked. Such conduct continued throughout Plaintiff's employment with the NFL. 24. Nothing was done in response to Plaintiff's complaints. Instead, NFL made it more difficult for Plaintiff to do her job by increasing her work load and cutting her hours. 25. On October 10, 2016, with no warning, Plaintiff was terminated by her supervisor| at the NFL, Jessica Lee, arid NFL’s Human Resources, Andres Astralaga. Plaintiff was accused of stealing clothes from one of the talent. The NFL had security camera video. If they would have looked at the video they would have seen that Plaintiff did not steal any clothes. NFL did not retum Plaintiff's personal items or reimburse her for her business expenses. Instead, NFL continues to use Plaintiff's personal wardrobe items to dress their talent, and told Plaintiff's ‘vendor contacts Plaintiff was terminated for stealing and to not work with Plaintiff anymore. 26. Atthe tine of Plaintiff's termination, she was 51 years old, and was replaced by a 30-year-old éinployee. Plaintiff has seen the NFL “age-out” other older employees. Mm m a S oor ‘COMPLAINT FOR DAMAGESCer Awan 10 u 12 13 14 15 16 7 18 19 20 a 23 25 26 27 28 Hortgit Law FIRST CAUSE OF ACTIO <*> Discrimination Because of Age and Sex/Gender Ini Violation of Fair Employment & Housing Act (FEHA) Government Code § 12940(a) : ‘Against Defendant NFL and DOES 1 - 50 27. Plaintiff realleges and incorporates by reference as though fully set forth herein all preceding paragraphs contained inthis Complaint. 28. tall relevant times Plaintiff was a qualified individual and was covered under the FEHA because of her siabis as being over 40 years old and as a woman who was the target of| sexual harassment by male co-workers. Government Code § 12900 et. seq. 29. Atal relevant times, Defendant NFL and DOES 1 — 50, inclusive, were employers of the State of California, as defined in the FEHA at Government Code § 12926. 30, Atal relevant times, Defendant NFL and DOES 1 - 50, and each of them, were aware of Plaintiff's age and sex/gender. 31. Atall relevant times, Plaintf?'s protected status was a motivating reason for Defendant NFL aiid DOES'I ~ 50's treatment of Plaintiff, and the eventual unlawful discharge o Plaintiff from her employment. ; 32. As the employer, Defendant NFL and DOES 1 — 50, are strictly liable for the conduct of Plaintiff's co-workers because they are NFL employees, and on information and belief, Defendant NFL and DOES | - $0 knew or should have known of the discrimination and sexual harassment and failed to take immediate and appropriate corrective action. 33. ia perpetraitig the above-described actions, Defendant NFL and DOES 1 50, and each of them, éngaged in continuing and ongoing pattem and practice of unlawful discrimination and sextal harassment in violation of Government Code § 12940()1). 34. In engaging in the aforesaid wrongful conduct, Plaintiff was subject to adverse employment actions and treated less favorabiy than those similarly situated employees who were not part of Plaintiff's protected class. : 35. Plaintiff is informed and believes and thereon alleges that evidence adduced : 6 00 ‘COMPLAINT FOR DAMAGES:2 3 4 5 6 7 8 9 during discovery will demonstrate a statistically significant disparate impact on persons based on| their age and/or sex/gender. 36. In engaging in the aforesaid wrongful conduct, Defendant NFL and DOES 1 - 50 discriminated against Plaintiff on the basis of her age and sex/gender in violation of the FEHA at Government Code § 12940(a). 37. Asadirect, foreseeable and proximate result of the aforementioned wrongful conduct of Defendant NFL and DOES 1 - 50, Plaintiff has suffered and continues to sustain substantial losses in’earnings and other employment benefits, and other consequential economic Iosses, in an amount according to proof at the time of trial. 38. Asadirect, foreseeable and proximate restlt of the aforementioned wrongful conduct of Defendant NFL and DOES 1 - 50, Plaintiff has suffered humiliation, emotional distress and mental and physical pain and anguish, all to her damage in an amount according to Proof atthe ime of trial. . 391°" Thi above désctibed acts by Defendant NFL and DOES 1 - 50, by and through their managing agents, officers or directors, were engaged in with deliberate, cold, callous, fraudulent, and intentional manner in order to injure and damage Plaintiff. Such acts were despicable, and constitute malice, fraud and/or oppressiori within the meaning of Civil Code § 3294, In doing the things herein alleged, Defendant NFL and DOES 1'~ 50 were guilty of oppression; fraud and malice, and insofar as the things alleged were attributable to employees of Defendant NFLand DOES | ~ 50, sad employees were employed by Defendant NFL and DOES 1-50 with advaiée lwielgé ofthe unfitness ofthe employees and they were employed with conscious disregard for the rights of others; or Defendant NFL and DOES 1 - 50 authorized or ratified the wrongful conduct; or there was advance knowledge, conscious disregard, authorization, ratfietion or act of oppression, fraud or malice on the part of an officer, director ‘or managing agent of ‘Defendant NFL and DOES 1 - 50, all entitling Plaintiff to the recovery of exemplary and punitive damages in an amount to be'proven at the time of trial. 40. fi has also incurred and continued to incur attorneys’ fees and legal Piai expenses in an amount according to proof at the time of trial. . joao. ‘COMPLAINT FOR DAMAGESi a Socamrxraunaeun iT 13 4 15 16 7 18 19 20 21 2 2B 24 25 26 2 Horron Law Fig SECOND CAUSE OF ACTION Sexual Harassment and Hostile Work Environment In Violation of Fair Employment & Housing Act (FEHA) Government Code § 12940()) & 2 Cal. Code Regs. § 7287.6 Against Defendant NFL and DOES 1 - 50 41. Plaintiff realleges and incorporates by reference as though fully set forth herein all preceding paragraphs contained in this Complaint. 42. Government Code § 12940()) requires Defendant NFL and DOES | - 50 to refrain from harassing, or creating, or maintaining a hostile work environment against an employee based on her age and sex/gender, and engagement in protected activities as set forth herein. : 43. Defendant NFL ind DOES I - 50 violated Government Code § 12940() by discriminating against Plaintiff when they allowed harassment on the basis of age and sex/gender, retaliated against Plaintiff for opposing sexual harassment, failed to prevent violations of the Fair Employment and Housing Act, and terminated Plaintiff as described above, 44, Inperpetrating the above-described actions, Defendant NFL and DOES 1 - 50, and each of them, engaged in a continuing and ongoing pattem and practice of unlawful sexual harassment in violation of Government Code § 12940(j)(1). 45. Plaintiff was a memiber of a protected class as a woman who was the target of sexual harassment by her co-workers. 46. Defendant NFL and DOES | - 50, and each of them, sexually harassed Plaintiff and/or failed to take immediate and appropriate corrective action. The harassment was sufficiently pervasive or severe as to alter the conditions of Plaintiff's employment to create a hostile, intimidating or abusive work environment. 47. Defendant NFL and DOES 1 - 50, as the employer of Plaintiff's co-workers, is strictly liable for ther conduct, on information and belief, Defendant NFL and DOES 1 - 50 knew or should have known of the sexual harassment and failed to take immediate and appropriate corrective action. s oor COMPLAINT FOR DAMAGES:Ce YAH eK 10 iT 12 13 4 15 16 7 18 19 20 2 24 25 HORTON:LAW Fig 48. Plaintiff suffered the adverse employment actions of unlawful harassment and discrimination, failure to prevent harassment and discrimination, and termination, and was harmed thereby. 49. Plaintiff is informed and believes that her perceived age, sex/gender, engagement in protective activities, and/or some combination of these protected characteristics under Government Code § 12926 were motivating reasons and/or factors in the decisions to subject Plaintiff to the aforementioned adverse employment actions. 50. Asadirect, foreseeable and proximate result of the aforementioned wrongful conduct of Deferidaint NFL and DOES 1 — 50, Plaintiff has suffered and continues to sustain substantial losses in earings and other employment benefits, and other consequential economic losses, in an amount according to proof at the time of trial. 51. Asa direct, foreseeable and proximate result of the aforementioned wrongful conduct of Defendant NFL and DOES 1 ~ 50, Plaintiff has suffered humiliation, emotional distress and mental and physical pain and anguish, all to her damage in an amount according to proof at the time of trial. 52. The above described acts by Defendant NFL and DOES 1 - $0, by and through their managing agents, officers or directors, were engaged in with deliberate, cold, callous, fraudulent, and intentional manner in order to injure and damage Plaintiff. Such acts were despicable, and constitute malice, fraud and/or oppression within the meaning of Civil Code § 3294. In doing the things herein alleged, Defendant NFL and DOES 1 — 50 were guilty of oppression, fraud and malice, and insofar as the things alleged were attributable to employees of Defendant NFL and DOES 1 — 50, said employees were employed by Defendant NFL and DOES 1-50 with advance knowledge of the unfitness of the employees and they were employed with conscious disregard forthe rights of others; or Defendant NFL and DOES 1 - $0 authorized or ratified the wrongful conduct; or there was advance knowledge, conscious disregard, authorization, ratification ot act of oppression, fraud or malice on the part of an officer, director or managing agent of Defendant NFL and DOES 1 — $0, all entitling Plaintiff to the recovery of exemplary and punitive damages in an amount to be proven at the time of trial. oy . : eae O07 ‘COMPLAINT FOR DAMAGES,o Soamrxranaewn u 12 13 14 15 16 7 18 19 20 21 24 25 26 27 28 HorTow:Law FIRM 53. Plaintiff has also incurred and continued to incur attorneys’ fees and legal expenses in an amount according to proof atthe time of trial. THIRD CAUSE OF ACTION Retaliation in Violation of Fair Employment & Housing Act (FEHA) Government Code § 12940(h) & 2 Cal. Code Regs. § 72878 Against Defendant NFL and DOES 1-50 54. Plaintiff realleges and incorporates by reference as though fully set forth herein all preceding paragraphs contained in this Complaint. 55. Atall relevant times, Plaintiff was a qualified individual who is over 40 years old and female, and was covered under the Fair Employment and Housing Act (FEHA) Government Code § 12900 et.'séq. 56. Atal relevant times, Defendant NFL and DOES | ~ 50, inclusive, were employers in the State of California, as defined in the FEHA at Government Code § 12926. 57. Defendant NFL and DOES | - 50, within the meaning of the FEHA at Government Code § 12940(h) and violations ofthe California Labor Code by, and without limitation, questioning and complaining about violation of California’s Labor laws. 58." Atal relevant times, Defendant NFL and DOES 1 - 50, were aware of Plaintiff's er émployment, Plaintiff opposed unlawful employment practices of complaints about Defendant NFL and DOES 1 — 50’s unlawful business practices, including ‘Without limitation, bulyiig, humiliating, mocking, and belitling Plaintiff because of her protected status. Defendant NFL and DOES | — $0 retaliated against Plaintiff by discharging, expelling or otherwise discriminating against her, and such conduct was a substantial motivating factor in causing Plaintiff harm. 59, _ “Asadirect, foreseeable and pfoximate result of the aforementioned wrongful conduct of Defendant NFL and DOES | - 50, Plaintiff has suffered and contiriues to sustain substantial losses in earnings and other employment benefits, and other consequential economic loses, in an aitiount according to proof at the tifne of trial. 60." Asa direct, foreseeable and proximate result of the aforementioned wrongful -10- ‘o00r “COMPLAINT FOR DAMAGESFre S Socmrxr sve EW WW 12 13 14 15 16 in 18 19 20 21 2 23 24 25 26 eg a) conduct of Defendant NFL and DOES 1 - $0, Plaintiff has suffered humiliation, emotional distress and mental and physical pain and anguish, all to her damage in an amount according to proof at the time of trial. 61, The above described acts by Defendant NFL and DOES 1 — 50, by and through their managing agents, officers or directors, were engaged in with deliberate, cold, callous, fraudulent, and intentional manner in order to injure and damage Plaintiff. Such acts were despicable, and constitute malice, fraud and/or oppression within the meaning of Civil Code § 3294, In doing the things herein alleged, Defendant NFL and DOES 1 - 50 were guilty of ‘oppression, frauid and malice, and insofar as the things alleged were attributable to employees of Defendant NFL and DOES | - 50, said employees were employed by Defendant NFL and DOES 1 - 50 with advance knowledge of the unfitness of the employees and they were employed with a conscious disregrd forthe ‘Tights of others; or Deferidant NFL and DOES | — 50 authorized or ratified the wrong:ui conduct; or thére was advance knowledge, conscious disregard, authorization, ratification or act of oppression, fraud or malice on the part of an officer, director /or managing agent of Defendant NFL and DOES 1 — 50, all entitling Plaintiff to the recovery of exemplary and punitive damages in an amount to be proven at the time of trial. 62. Plaintiff has also incurred and continued to incur attorneys’ fees and legal expenses in an amount accoriding to proof at the time of trial. . a FOURTH CAUSE OF ACTION Failure to Prevent Discrimination, Harassment or Retaliation In Violation of Fair Employment & Housing Act (FEHA) Government Code § 12940(k) Against Defendant NFL and DOES 1 - 50 63. Plaintiff realleges and incorporates by reference as though fully set forth herein all preceding paragraphis contained in this Complaint. 64, - Atall relevant times Plaintiff was a qualified individual who is over 40 years old, female, and was covered under the Fair Employment and Housing Act (FEHA). Government Code § 12900 et. seg. “ue ‘001 ‘COMPLAINT FOR DAMAGESCar anneun 10 u 12 1B 14 15 16 7 18 19 20 2 22 23 24 25 26 HorTon’Law Finwe 65. Atall relevant times Defendant NFL and DOES 1 - 50, inclusive, were employers, in the State of California, as defined in the FEHA at Government Code § 12926. 66. Plaintiff was subjected to discrimination, harassment or retaliation because of her age and sex/gender. 67. Defendant NFL and DOES 1 — 50, inclusive, failed to take reasonable steps to prevent discrimination, harassment and retaliation, and this failure was a substantial factor in causing Plaintiff harm. 68. Asadirect, foreseeable and proximate result of the aforementioned wrongful conduct of Defendant NFL and DOES 1 ~ 50, Plaintiff has suffered and continues to sustain ‘substantial losses'in ¢amings and other employment benefits, and other consequential economic losses, in an amount according to proof at the time of trial. 69. Asadirect, foreseeable and proximate result of the aforementioned wrongful conduct of Defendant NFL and DOES | — 50, Plaintiff has suffered humiliation, emotional distress and mental and physical pain and anguish, all to her damage in an amount according to proof at the time of trial. : 70. The above'déscribed acts by Defendant NFL and DOES 1 - 50, by and through their managing agents, officers or directors, were engaged in with deliberate, cold, callous, fraudulent, and intentional manner in order to injure and damage Plaintiff. Such acts were despicable, and constitute malice, fraud and/or oppression within the meaning of Civil Code § 3294, In doing the things herein alleged, Deféndant NFL ‘and DOES 1 — 50 were guilty of ‘oppression, fraud and malice, and insofar as the things alleged were attributable to employees of Defendant NFL and DOES 1 - 50, said employees were employed by Defendant NFL and DOE! 1 50 with advancé' kndwiédge of the unfitness of the employees and they were employed with al conscious distegard'for'the rights of others; or Defendaint NFL and DOES 1 - 50 authorized or ratified the wrongful conduct; or there was advance knowledge, conscious disregard, authorization, ratification or act of oppression, fraud or malice on the part of an officer, director lor managing agent of Defendant NFL and DOES 1 ~ 50, all entitling Plaintiff to the recovery of ‘exemplary and punitive damages in an amount to be proven at the time of trial. woe " a2 ooo Toe ‘COMPLAINT FOR DAMAGESeur Ane en = n 2 1B 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 nro Law Fina 71: Plaintiff has also incurred and continued to incur attomeys’ fees and legal ‘expenses in an amount according to proof at the time of trial. FIFTH CAUSE OF ACTIO! Wrongful Termination in Violation of Public Policy Against Defendant NFL and DOES 1-50 72. Plaintiff realleges and incorporates by reference as though fully set forth herein alll preceding paragraphs contained in this Complaint. 2 I times rnterial hereto, Plaintiff is and was a citizen of the State of California, and employed by Defendart NFL and DOES 1 - 50 in the State of California until her employment was unlawfully terminated. 74, Atall times material hereto, Defendant NFL and DOES 1 - 50’s termination of Plaintiff's employment was because of reasons that are against the public policies of the State of California, including without limitation the following: (1) because of age; (2) because of sex/gender; (3) becdusé of her pursuing her rights under FEHA; and (4) because she opposed and| complained about illegal conduct by Defendant NFL and DOES 1 ~ 50 in violation of the Labor Code. 75. Defendant NFL and DOES 1 - 50, and each of them, were motivated to terminate Plaintiff on grounds that violated public policy of the State of California as stated by, without limitation, the FEHA (Government Code § 12900 et. seq.); complaining about illegal conduct pursuant to Labor Code § 1102.5; other applicable California statutes and common law; and Plaintiff's constitutional righis under the California Constitution, Article 1, section 8, that individuals shall not be discrimirdted or retaliated against in their employment on the basis of their age, sex/gender, or complaining to their employer about illegal conduct. 76. Plaintiff was wrongfully terminated on or about October 10, 2016. 77. ASa direct, foreseeable and proximate result of the aforementioned wrongful conduct of Defendant NFL and DOES | — 50, Plaintiff has suffered and continues to sustain substantial losses in earnings and other employment benefits, and other consequential economic losses, in an amount according to proof at the time of trial. 3 ‘oor ‘COMPLAINT FOR DAMAGES2 3 4 5 6 7 8 9 78. Asadirect, foreseeable and proximate result of the aforementioned wrongful conduct of Defendant NFL and DOES | - 50, Plaintiff has suffered humiliation, emotional distress and mental and physical pain and anguish, all to her damage in an amount according to proof at the time of trial. 79. The above described acts by Defendant NFL and DOES 1 — 50, by and through their managing agents, officers or directors, were engaged in with deliberate, cold, callous, fraudulent, and intentional manner in order to injure and damage Plaintiff. Such acts were despicable, and constitute malice, fraud and/or oppression within the meaning of Civil Code § 3294, In doing the things herein alleged, Defendant NFL and DOES 1 - 50 were guilty of oppression, fraud sind malice, and insofar as the things alleged were attributable to employees of Defendant NFL and DOES I ~ $0, said employees were employed by Defendant NFL and DOES 1 — 50 with advance knowledge of the unfitness of the employees and they were employed with a conscious distegaid for the rights of others; or Defendant NFL and DOES 1 — 50 authorized or ratified the wrongful conduct; or there was advance knowledge, conscious disregard, authorization, ratification or act of oppression, fraud or malice on the part of an officer, director or managing agent of Defendant NFL and DOES 1 - 50, all entitling Plaintiff to the recovery of exemplary and punitive damages in an amount to be proven at the time of trial. SIXTH CAUSE OF ACTION Against Defendant NFL and DOES 1 - 50 80. Plaintiff realleges and incorporates by reference as though fully se forth herein all preceding paragraphs contained in this Complaint. 81. Labor Code § 1102.5(b) prohibits employers from retaliating or terminating an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the emipldyee or another employée who has the authority to investigate, ‘discover, or correct the violation or non-compliance regardless of whether disclosing the information is part of the employee's job duties. ns e ae oor ‘COMPLAINT FOR DAMAGES2 3 4 5 6 7 8 9 82. Labor Code § 1102.5(c) prohibits employers from retaliating against an employee for the employee's refusal to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state or federal rule or regulation. 83. Defendant NFL and DOES 1 - 50 violated Labor Code § 1102.5 by terminating Plaintiffs employment because Plaintiff communicated what she reasonably believes to be illegal conduct by Defendant NFL and DOES 1 - 50’s employees that was endorsed by Defendant NFL and DOES | -$0. 84. Asa direct, foreseeable and proximate result of the aforementioned wrongful conduct of Defendant NFL and DOES | - 50, Plaintiff has suffered and continues to sustain substantial losses in earnings and other employment benefits, and other consequential economic losses, in an amount according to proof at the time of trial. 85. Asa direct, foreseeable and proximate result of the aforementioned wrongful conduct of Defendant NFL and DOES | — 50, Plaintiff has suffered humiliation, emotional distress and mental and physical pain and anguish, all to her damage in an amount according to proof at the time of trial. 86. The above described acts by Defendant NFL and DOES 1 — 50, by and through their managing agents, officers or directors, were engaged in with deliberate, cold, callous, fraudulent, and intentional manner in order to injure and damage Plaintiff. Such acts were despicable, and constitute malice, fraud and/or oppression within the meaning of Civil Code § 3294, In doing the things herein alleged, Defendant NFL and DOES 1 - 50 were guilty of oppression, fraud and malice, and insofar as the things alleged were attributable to employees of Defendant NFL and DOES | - 50, said employees were employed by Defendant NFL and DOES) 1-50 with advance knowledge of the unfitness of the employees and they were employed with a conscious disfegiird for the rights of others; or Defendant NFL and DOES 1 - 50 authorized or ratified the wrongful conduct; or there was advance knowledge, conscious disregard, authorization, ratification or act of oppression, fraud or malice on the part of an officer, director lor managing agent of Defendant NFL and DOES | $0; all entitling Plaintiff to the recovery of ‘exemplary and punitive damages in an amount to be proven at the time of trial. - 1S. ‘oor ‘COMPLAINT FOR DAMAGESSomer sve on i 13 14 15 16 7 18 19 20 21 22 ral 24 25 26 tg 27 Honronriaw Fini, 87. . Plaintiff has also incurred and continued to incur attomeys’ fees and legal expenses in an amount according to proof at the trre of trial. SEVENTH CAUSE OF ACTION Unfair Business Practices (Bus. & Prof. Code § 17200 et. seq.) Against Defendant NFL and DOES 1 - 50 88. Plaintiff realleges and incorporates by reference as though fully set forth herein all preceding paragraplié contained in this Complaint 89, During Plaintiff's employment, Defendant NFL and DOES | - 50 engaged in unlawful conduct, constituting unfair business practices, including but not limited to failing to pay Plaintiff overtime, reimburse Plaintiff for her business expenses, and never giving Plaintiff meal and rest breaks. . 90. Defendant NFL and DOES 1 - 50’s conduct, as alleged above, constitutes unlawful, unfair and fraiudulent activity prohibited by Business and Professions Code § 17200 et. oe . ; 91. Asa result of ts improper acts, Defendant NFL and DOES 1 50 has reaped and ‘continues to reap unfair benefits and illegal profits at Plaintiff's expense. Defendant NFL and DOES 1 ~50 should be enjoined from this activity and miade to disgorge these ill-gotten gains and restore to Plaintiff the wrongfully withheld wages and related premium pay and/or penalties, pursuant to Business and Professions Code § 17203. EIGHTH CAUSE OF ACT! Unpaid Wages & Penalties Against Defendant NFL and DOES 1 - 50 92. Plaintiff realleges and incorporates by reference as though fully set forth herein all preceding paragraphs contained in this Complaint. 93. Atall relevant times herein, NFL and DOES 1 - 50 were Plaintiff's employer, and} were obligated to pay Plaintiff for all time worked. 94, During Plaintiff's employment, Plaintiff performed all obligations as required 16. door “COMPLAINT FOR DAMAGESa 28 HorToW LAW Fie during employment. 95. Aspart of Plaintiff's employment, Plaintiff was required by Defendant NFL and DOES | - 50 to work more than 8 hours per day. Plaintiff, a non-exempt employee, was not paid by Defendant NFL and DOES | - 50 for her overtime work and was not provided meal/rest breaks. In order to fulfill her job requirements, Plaintiff was forced to work during her days off from work and was not paid for such work. 96. As part of Plaintiff's employment, Plaintiff was required to, in order to create a wardrobe closet for Defendant NFL and DOES | — 50’ tilent, use her own clothes, set up studio} accounts with department stores using her own credit card to buy clothes for the talent. Defendant NFL and DOES 1 ~ 50 did not reimburse Plaintiff for her business expenses. 97. Plaintiff's last day of work was October 10, 2016. To date, Defendant NFL and DOES 1 — 50 have refiised to pay Plaintiff the total amouint of wages that Plaintiff, through her employment and labor, had'eamned while working for Defendant NFL and DOES 1 - 50, including wages for overtime and business expenses, and have failed to return her personal clothing, jewelry, and shoes. 98. Defendant NFL and DOES 1 - 50°s refusal to pay Plaintiff for her overtime work, failure to provide meal/rest breaks, failure to indemnify/reimburse Plaintiff's necessary expenditures incurred during discharge of work duties, and failure to pay such wages immediately upon tetiriination, was contrary to the terms of employment and the laws of the cluding bui not limited to Labor Code § 201, 226.7, 510, $12, and 2802. 99. Defendant NFL and DOES | — 50's failure to pay wages was willful, entitling Plaintiff to penalties under Labor Code §§ 203 and 558. 100. Pursuant to Labor Code §§ 218.5 and 1194(a), Plaintiff requests that the court award Plaintiff reasonable attomeys” fees and costs iricurred in this action. 101. Asa conduct'of Defetidait NFL ard DOES | ~ 50, Plaintiff has suffered and continues to sustain substantial losses in earnings and other employment benefits, and other consequential economic t, foreseeable and proximate result of the aforementioned wrongful losses, in an amount according to proof at the time of trial. 3 “17. co ‘COMPLAINT FOR DAMAGESCamara naeen 102. Asa direct, foreseeable and proximate result of the aforementioned wrongful conduct of Defendant NFL and DOES 1 ~ $0, Plaintiff has suffered humiliation, emotional distress and mental and physical pain and anguish, all to her damage in an amount according to proof at the time of trial. 103. The above described acts by Defendant NFL and DOES 1 - 50, by and through their managing agents, officers or directors, were engaged in with deliberate, cold, callous, fraudulent, and intentional manner in order to injure and damage Plaintiff. Such acts were despicable, and Sonstitute malice, fraud and/or oppréssion within the meaning of Civil Code § 3294, In doing the things herein alleged, Defendant NFL and DOES 1 - 50 were guilty of oppression, fraud and malice, and insofar as the things alleged were attributable to employees of Defendaiit NFL'and DOES 1 — 50, said employees were employed by Defendant NFL and DOES, 1 — 50 with advance knowledge of thie unfitness of the employees and they were employed with a conscious disregard for the rights of others; or Defendant ‘NFL and DOES 1 — 50 authorized or ratified the wrongful conduct; or there was advance knowledge, conscious disregard, authorization, ratification or act of oppression, fraud or maliée on the part of an officer, director or managing agent of Defendant NFL and DOES 1 - 50, all entitling Plaintiff to the recovery of exemplary and Punitive daniages in an amount to bé proven at the time of trial. “re at. "2" “NINTH CAUSE OF ACTION Conversion (Wage Theft) Against Defendant NFL and DOES 1-50 104. Plaintiff realleges and incorporates by reférence as though fully set forth herein all preceding paragraphs contained in this Complaint. 105. Itis well-settled that employées in California have a vested property right to their wages and thé ‘right vests as the work is performed. As conversion is the wrongful dominion of another's property and as conversion includes intangible property rights (where the amount is certain or capable of being made certain), conversion is appropriate to recover unlawfully ‘withheld wages, and the personal items that NFL contfols. 106. As described above, Defendant NFL and DOES | - 50 wrongfully withheld and 18- ‘0007 ‘COMPLAINT FOR DAMAGESSemis He voK He 1 TT 12 13 14 1S 16 7 18 19 20 21 22 23 24 25 26 ~ 27 co 28 Honro’Law Fini failed to pay Plaintiff wages and other compensation uider their contract of employment with her and as required under the California Labor Code and other provisions of California law, and failed to return her personal property. 107. Having performed labor for Defendant NFL and DOES 1 — 50, the wages due were and are fully the property of Plaintiff, and her property rights to said wages were vested immediately upon performing the labor. Plaintiff had and has an immediate right to possess the withheld wages. Plaintiff further has a right to the return of her personal property. 108. Defendant NFL and DOES 1 - 50 willfully and without legal justification interfered with Plaintiff's right to own and possess her wages. Defendant NFL and DOES 1 - 50| intentionally converted the wages and compensation of Plaintiff by taking and withholding the eared wages and other compensation that was the property of Plaintiff, including her personal property, and utilizing the same for Defendant NFL and DOES 1 — 50’s own use and benefits, including to intentionally and deliberately maximize their profits at the expense of Plaintiff. 109. The exact amount of wages is capable of being made certain from a review of either the information of Plaintiff and/or from the records of Defendant NFL and DOES 1 ~ 50. 110. In refusing to pay wages to Plaintiff, Defendant NFL and DOES 1 - 50 unlawfully and intentionally took and converted the property of Plaintiff for their own use. This conversation was oppressive, malicious, and fraudulent and was concealed from Plaintiff by Defendant NFL an DOES 1 - 50. 111. Plaintiff has been harmed by Defendant NFL and DOES | — 50’s intentional conversion of her wages and compensation, including by being deprived of the wages that she is lawfully entitled to. Plaintiff is entitled to all wages and compensation converted by Defendant NFL and DOES 1 - 50 in an amount subject to proof at trial, with interest thereon as well as any and all profits, whether direct or indirect that Defendant NFL and DOES | - 50 acquired by their| unlawful conversion. 7 112, The above described acts by Defendant NFL and DOES | — 50, by and through ‘their managing agents, officers or directors, were engaged in with deliberate, cold, callous, fraudulent, and intentional manner in order to injure and damage Plaintiff. Such acts were 19. ‘oor ‘COMPLAINT FOR DAMAGESSeamrxaueun u 12 13 14 15 16 7 18 19 20 vil 2 23 24 25 26 27 28 HoRTON:Law ia despicable, and constitute malice, fraud and/or oppression within the meaning of Civil Code § 3294. In doing the things herein alleged, Defendant NFL and DOES 1 - 50 were guilty of oppression, fraud and malice, and insofar as the things alleged were attributable to employees of Defendant NFL and DOES 1 ~ 50, said employees were employed by Defendant NFL and DOES| 1 —50 with advance knowledge of the unfitness of the employees and they were employed with a conscious disregard for the rights of others; or Defendant NFL and DOES 1 — 50 authorized or ratified the wrongful conduct; or there was advance knowledge, conscious disregard, authorization, ratification or act of oppression, fraud or malice on the part of an officer, director or managing agent of Defendant NFL and DOES 1 ~ 50, all entitling Plaintiff to the recovery of exemplary and punitive damages in an ‘amount to be proven at the time of trial. : TENTH CAUSE OF ACTION Labor Code Violations Pursuant to the Private Attorney General’s Act we San 8 © Labor Code §§ 2699 et. seq. . ”Against'Defendant NFL and DOES 1-50 113. Plaintiff realleges and incorporates by reference as though fully set forth herein all preceding paragraphs contained in this Complaint. 114, Labor Code § 1102.5(b) prohibits employers from retaliating or terminating an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or anothier employee who has the authority to investigate, discover, or correct the violation or iin-compliance regardless of whether disclosing the information is part of the employee's job duties. - 115, ‘Labor Code § 1102.5(c) prohibits employers from retaliating against an employee| for the employee’s fefusal to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance witli a local, state, or federal rule or regulation. * J 118:*" Defendant NFL and DOES 1 — 50 violated Labor Code § 1102.5 by terminating Plaintiff's employment because Plaintiff communicated what she reasonably believes to be ‘ +200 ‘oor 5 COMPLAINT FOR DAMAGES:weer Anan 10 i 12 13 14 15 16 7 18, 19 20 2 2 23 24 25 26 HoRTon Law Fur illegal conduct by Defendant NFL and DOES 1 — 50s employees that was endorsed by Defendant NFL and DOES | - 50. 117, Pursuant to Labor Code § 2699 et seq; Plaintiff, on behalf of herself and other similarly aggrieved employees, seeks to recover civil penalties, as otherwise provided by statute, for which Defendant NFL and DOES 1 —50 are liable asa result of their violations of the above- mentioned Labor Code sections in an amount to be proven at tral. 118, Asa direct, foreseeable and proximate result of the aforementioned wrongful conduct. of Defendant NFL and DOES | - 50, Plaintiff has suffered and continues to sustain substantial losses in earnings and other employment benefits, and other consequential economic losses, in an amount according to proof at the time of tril. : 1; foreseeable and proximate result of the aforementioned wrongful 119, Asa conduct of Defendant NFL and DOES 1 ~ 50, Plaintiff'has suffered humiliation, emotional distress and mental and physical pain and anguish, all to her damage in an amount according to proof at the time of trial. : 120. The above described acts by Defendarit NFL and DOES 1 ~ 50, by and through their managing agents, officers or directors, were engaged in with deliberate, cold, callous, fraudulent, and intentional manner in order to injure and damage Plaintiff. Such acts were ‘despicable, and ‘onstitute malice, fraud and/or ‘oppression within the meaning of Civil Code § 3294, In doing the things herein alleged, Defendant NFL and DOES 1 - 50 were guilty of oppression, fraud and malice, and insofar as the things alleged were attributable to employees of Defendant NFL and DOES | - 50, said employees were employed by Defendant NFL and DOES| 1 — 50 with advance knowledge of the unfitness of the employees and they were employed with a conscious disregard for the rights of others; or Defendant NFL and DOES 1 — 50 authorized or ratified the wrongful conduct; or there was advance knowledge, conscious disregard, authorization, ratification or act of oppression, fraud or malice on the part of an officer, director or managing agent of Defendant NFL and DOES | — 50, all entitling Plaintiff to the recovery of exemplary and punitive damages in an amount to be proven at the time of trial. 121. Plaintiff has also incurred and continued to incur attorneys’ fees and legal ae ‘oor 7 COMPLAINT FOR DAMAGES2 3 4 5 6 7 8 9 0 expenses in an amount according to proof at the time of trial. ELEVENTH CAUSE OF ACTION Defamation Against Defendants NFL, LEE, and DOES 1 - 50 122. Plaintiff realleges and incorporates by reference as though fully set forth herein all preceding paragraphs contained in this Complaint. 123. Plaintiff is informed and believes Defendants NFL, LEE and DOES 1 - 50, and leach of them, by the herein described acts, conspired to, and in fact, did negligently, recklessly, and intentionally caused excessive and unsolicited internal and external publications of defamation, of and conceming Plaintiff, to third persons and to the community. These false and defamatory statements included express and implied: accusations that Plaintiff violated company policies, stole company property, and nobody should work with her. These and other similar false statements expressly and impliedly stated that Plaintiff was a dishonest and bad employee. 124, While the precise dates of these publications are not known to Plaintiff, she recently discovered and is informed and believes the publications may have started on or after October 10, 2016, forthe’ improper purpose of retaliating against her for her above said complaints about Labor Code violations. These publications were outrageous, negligent, reckless, intentional, and maliciously published and republished by Defendants NFL, LEE, and DOES 1 — 50, and each of them. Plaintiff is informed and believes that the negligent, reckless, and intentional publications by Defendants NFL, LEE, and DOES 1 — 50, and each of them, wer¢ and continue to be, foreseeably published and republished by Defendants NFL, LEE, and DOES 150, their agents and employees, and recipients in the community. Plaintiff hereby seeks damages for these publications and all foreseeable républications discovered up to the time of trial. 125. During the above-described time frame, Defendants NFL, LEE, and DOES 1 — 50, and each of them, conspired to, and in fact, did negligently, reckless and intentionally cause ited publication of defamation, of and concerning Plaintiff, to third persons excessive and unsoli |who had no need or desire to know. Those third person(s) to whom Defendants NFL, LEE, and oe “2. Door ‘COMPLAINT FOR DAMAGES,© e & Sewmrxvaunaeen 1 n 12 1B 14 15 16 7 18 19 20 2 2 23 24 25 26 27 28 HorTON LAW ime DOES | - 50 published this defamation are believed to include, but are not limited to, other agents and employees of Defendants NFL, LEE, and DOES 1 — 50, and vendors and the ‘community, all of whom are known to Defendants NFL, LEE, and DOES 1 ~ 50, and each of them, but unknown at this time to Plaintiff. 126. The defamatory publications consisted of oral and written, knowingly false and unprivileged communications, tending directly to injure Plaintiff and Plaintiff's personal, business and professional reputation. These publications included the following false and [defamatory statements (in violation of Civil Code §§ 45 and 46) with the meaning and/or substance that Plaintiff: violated company policies, stole company property, and nobody should work with her. These and similar statements published by Defendants NFL, LEE, and DOES 1 - 50, and each of them, expressly and impliedly asserted that Plaintiff was a dishonest and bad employee. 127. Plaintiffs informed, believes, and fears that these false and defamatory per se statements will continiie to be published by Defendants NFL, LEE, and DOES 1 - 50, and each of them, and will be foreseeably republished by their recipients, all to the ongoing harm and injury to Plaintiff's business, professional, and personal reputations. Plaintiff also seeks redress in this action for all foreseeable republications, including her own compelled self-publication of these defamatory’statements. 128, The defamatory meaning of all of the above-described false and defamatory statements and theit reference to Plaintif, were understood by these above-referenced third person recipients and othe riembers of the cofrimunity who are known to Defendants NFL, LEE, and DOES 1 - 50, and each of them, but unknown to Plaintiff at this time. 129. None of Defendants NFL, LEE, and DOES 1 — 50's defamatory publications against Plaintiff referenced above are true. 130. The above defamatory statements were understood as assertions of fact, and not a opinion, Plaintiff is informed and believes that this defamation will continue to be negligently, recklessly, and intentionally published and foreséeably republished by Defendants NFL, LEE, and DOES 1* 50 and each’ of them, and foreseeably republished by recipients of Defendants voor, COMPLAINT FOR DAMAGES2 & a weer aneon 10 u 12 13 14 15 16 7 18 19 20 21 2 23 24 25 26 27 28 HoRTON LAW Foe NFL, LEE, and DOES 1 - 50’s publications, thereby causing additional injury and damages for which Plaintiff seeks redress by this action. 131. Each of these false defamatory per se publications (as set forth above) were negligently, recklessly, and intentionally published in a manner equaling malice and abuse of an; alleged conditional privilege (which Plaintiff denies existed), since the publications, and each of them were made with hatred, ill will, and an intent to vex, harass, annoy, and injure Plaintiff in order to justify the illegal and cruel actions of Defendant, NFL, LEE, and DOES 1 — 50, and eacly of them, to cause further damage to Plaintiff's professional and personal reputation, and to retaliate against Plaintiff for prior ill will, rivalry, and disputes in retaliation for her objections to Labor Code violations. : 132. Each of these publications by Defendants NFL, LEE, and DOES 1 50, and each of them Were made with knowledge that no investigation supported the unsubstantiated and obviously false statements. Defendants NFL, LEE, and DOES 1 - 50 published these statements| knowing them to be false, unsubstantiated by any reasonable investigation and the product of hostile witnesses. These acts of publication were known by Defendants NFL, LEE, and DOES | 50, and each of thém, to be negligent to such a degree as to be reckless. In fact, not only did Defendants NFL, LEE, and DOES | - 50, and each of them, have no reasonable basis to believe these statements, but they also had no belief in the truth of these statements, and in fact knew the: statements to be filse. Defendants NFL, LEE, and DOES 1 - $0, and each of them, excessively, negligently, and recklessly published these statements to individuals with no need to know, and who made no inquiry, and who had a mere general or idle curiosity of this information. 133, The above complained of publications by Defendants NFL, LEE, and DOES | - 50, and each of them, were made with hatred and ill will towards Plaintiff and the design and intent to injure Plaintiff, Plaintiff's good namie, her reputation, employment and employability. Defendants NFL, LEE, and DOES | - 50, and each of them, published these statements, not with] an intent to protect any interest intended to be protected by any privilege, but with negligence, recklessness, and/or an intent to injure Plaintiff and destroy her reputation. Therefore, no privilege existed to protect Defendants NFL, LEE, and DOES | ~ 50 from liability for any of ue Door ‘COMPLAINT FOR DAMAGES:1 || these aforementioned publications or republications. 134, Asa direct, foreseeable and proximate result of the aforementioned wrongful conduct of Defendants NFL, LEE and DOES | - 50, Plaintiff has suffered and continues to sustain substantial losses in earnings and other employment benefits, and other consequential 135. Asadirect, foreseeable and proximate result ofthe aforementioned wrongful conduct of Defendants NFL, LEE, and DOES | - 50, Plaintiff has suffered humiliation, emotional distress and mental and physical pain and anguish, all to her damage in an amount according to proof atthe time of trial. bed acts by Defendants NFL, LEE, and DOES 1 - 50, by and 11 || through their managing agents, officers or directors, were engaged in with deliberate, cold, Cen aAnauwn economic losses, in an amount according to proof atthe time of trial. . 10 136. The above dest: 12 | callous, fraudulent, and intentional manner in order to injure and damage Plaintiff. Such acts 13 || were despicable, and constitute malice, fraud and/or oppression within the meaning of Civil 14 || Code § 3294. In doing the things herein alleged, Defendants NFL, LEE, and DOES 1 - 50 were 15 || eulty of oppression, fraud and malice, and insofar asthe things alleged were attributable to 16 || employees of | Defehdaints NFL, LEE, and DOES 1 - 50, said employees were employed by 17 || Defendants NFL:'LEB, and DOES 1 - 50 with advance knowledge of the unfitness of the 18 |lemployees and they were employed with a conscious disregard forthe rights of others; or 19 || Defendants NFL, LEE, and DOES | - 50 authorized or ratified the wrongful conduct; or there 20 || was advance knowledge, conscious disregard, authorization, ratification or act of oppression, 21 || fraud or malice on the part of an officer, director or managing agent of Defendants NFL, LEE, 22 | and DOES 1 — 50, all entitling Plaintiff tothe recovery of exemplary and punitive damages in an 23 ||amouni wo be prove atthe time of trial. 24 PRAYER FOR RELIEF 2s WHEREFORE, Plaintiff respectfully prays for judgment in her favor and against 26 || Defendants, and each of them as follows: 27 1. That Plaintiff be awarded general damages according to proof; = 2 2. That Plaintiff be awarded special and compensatory damages, including but not Horta Law : FIRM nee tas 2s aay oT > COMPLAINT FOR DAMAGESCer aAnaun 10 of 12 13 14 15 16 17 18 19 20 21 2 23 4 25 26 27 e BB a HORTON. LAW FIRMS limited to; loss of wages, salary, benefits, back pay, front pay, future lost income and benefits, and other economic losses, in an amount according to proof at trial, but in excess of the minimum jurisdictional requirements of the Court; 3. That Plaintiff be awarded costs of suit incurred herein; 4. That Plaintiff be awarded reasonable attorney's fees where available by law, including without limitation, pursuant to Government Code § 12900 et. seq., California Code of Cid Procedure § 1021.5, Labor Code $§ 218.5, 2699. se. and any other applicable laws 5. “Tht Psi be awarded prejudgment posjudgment intrest as availabe by law; 6. OnPlaintiff’s Eighth Cause of Action, that Plaintiff be awarded civil penalties, legal costs and sims’ fes owed pursuant to Labor Code §§ 203, 218.5, 558, andthe statutory authorities cited therein; 7. Fora declaration and Order thereon that Defendants may also be aware of its obligations wider he lw 1 at engage in dscriminatcry practices and violate the lw asi relates to Califoria’s Fair Employment and Housing Act; 8. For any and all injunctive relief this court deems necessary in order to effectuate Defendants’ compliance with California's Fair Employment and Housing Act; 9. For in order enjoining Defendants from continuing to engage in the aforementioned unlawful business practices in violation of California's Fair Employment and Housing Act; ; 10, _. For any’and all injunctive relief this court deems necessary pursuant to Business & Professions Code § 17203; 1. That Defendants be ordered and enjoined io pay restitution to Plaintiff, due to Defendants’ unlawful, unfair and fraudulent activities, pursuant to Business and Professions Code §§ 17200-17205; 12. That Defendants further be enjoined to cease and desist from unlawful activities in violation of Business and Professions Code § 17200 et. seq.; 13. For disgorgement through restitution ofall ill-gotten and/or il-gained profits, 26. ‘00 COMPLAINT FOR DAMAGESCy 6 7 8 9 0 HorronLaw Fine including unpaid wages, premiums and/or penalties, resulting from Defendants unfair business practices pursuant to Business and Professions Code §§ 17200 -.17205; 14, Forinterest under Labor Code §§ 218.6 and 226; and 15. That Piaintiff be awarded such other and further relief as this Court may deem jus and proper. DATED: October 6, 2017 HORTON LAW FIRM By: Bh ne Laura L. Horton Flor C. Dery ‘Attorneys for Plaintiff, Jami L. Cantor JURY TRIAL DEMANDED Plaintiff, JAMIL. CANTOR, hereby demands a trial by jury. DATED: October 6, 2017 HORTON LAW FIRM om» Dh oly ‘Laura L. Horton Flor C. Dery Attorneys for Plaintiff, Jami L. Cantor a ‘oor COMPLAINT FOR DAMAGES,e e ona Tatra" orton, TRO a FORCGURTUSEORY Flor €. Dery, SBN 271876 Horton Law Firm, 9045 Corbin Avenue, Suite 260 Northridge, CA'91324 reucmroneo: (818) 407-0700, axxo: (B18) 407-0705 hi _arrowey ror weno Plaintiff, JAMI L.CANTOR ‘Superior Court of Californt nly of Los Angelos SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles ‘street aconess: 11] N. Hill Street ' 2 vane nore: oct 08 2017 cmvanparcooe Los Angeles 90012 aranonnave, Central District - Stanley Mosk Courthouse ‘Sherri R. Carter, E ive Officer/Glerk TaSENaE ebay JAMIL. CANTOR v. NFL ENTERPRISES, LP, et. al. lancy Alvarez CIVIL CASE COVER SHEET ‘Complex Case Designation See ao Oe [counter (5) Joiner demanded demanded is Filed with frst appearance by defendant | “°° ‘exceeds $25,000) $25,000 orless) (Cal. Rules of Cour, vie 3.402) | oer po6787y 4 TTems, 6 below musi be Completed (s0e insirucions on page 2) ‘Check one box below forthe case ty2e thal best describes this case Auto Tort, ‘Contract Provsionaly Complex Civil Ligation (Auto 2a) (ET sreacn ot convacivarany (96) (Cal Rules of Court, rules 3400-3409) Uninsured motorist (46) J ute'3:740 collections (09) [1 Antirusvrace reguation (03) Other PUPDAVD (Personal injuryiProperty — [_] Other collation (09) {J Construction detect (10) ‘Damage/Wrongful Death) Tort (1 insurance caversge (18) maass tor 0) ‘Asbestos (04) 2) other contact 37) [J secures igation 28) Produc Habit (24) Real Property EnvirnmentaToxe tn (30) aia! matractn (45) mee I tesurance coverage cams afin om the 1) over purowo (23) condernatn (14) ‘hove tated provlonalycompley ease ‘Non-PUPOIWD (Other) Tort 1 wrongtet eviction (93) ‘types (41) (1 eusines tonuntsicbusiness practice (07) [—] teres property 28) Enforcoment of Judgment (2) civ ants 08) =) Unlawful Detainee Enforcement of judgment (20) (S owtamaton isn, SS LT commer (a1 Iiacetaneous Civil Complaint TS Fraws (16) f 7 Resiceniat 32) CT) rico SI Inettectua eroperty (18) 1 dangs aa (1 other complaint (not specited above) (42) Professional egigence (25) ule Raviow Iiaceltanoous Civil Paton (5) cone eon PHFD ot (35) Cfietcnse cy ET rm scout pena) Employment jon re: rian award (1 1 petton (not specifed stove) ‘Wrong teinaton (36) witor mandate 02) [J omaretion et ae (5) omer empiogment (18) omer ji revi (99) This case [lis LZ Jisnot complex under rule 3:400 ofthe Calfomia Rules of Cour. i the case is complex, mark the facorerequitng excepionaludical management 2. Large number of separately presented partes 6, [J Large numberof winesses bE) extensive motion practice raising diticut or novel e. __] Goordnation wih related actions pending in one or more cours issues that wil be time-consuming fo resolve inother counties, states, or counties, or ina fedeal court (7) Substanial amount of documentary evidence ¢. (] Substantial postjudgment judicial supervision Remedies sought (check all that apply): a.[Z] monetary. ».[Z] nonmonetary; declaratory or injunctive reiet ©. (7 ]punitive 3a 4, Number of causes of action (specily): Eleven (11) Causes of Action 5. Thiscase LJis isnot a class action suit 6. Ifthere are any known related cases, fle and serve a notice of related case. (You may use form CM-015,) Date: October 6, 2017 Flor C. Dery TERE OR TTT GRE DE PRATER ATTORNEY FOR PART NOTICE «+ Pigintiff must file this cover sheet withthe fist paper filed inthe action or proceeding (except small claims cases or cases fled Ufder the Probate Code, Family Code, or Welfare and Insitutions Code). (Cal. Rules of Cour, rule 3.220.) Failure to file may result ingenctions, «+ Fig the cover sheet in adgition to any cover sheet required by local court rule 1 idhis case is complex under rule 34C0 et sea. of the Calfomia Rules of Court, you must serve a copy of his cover sheet on all ‘otter partes to the action or proceeding. . ++ Unless this is a collections case unde" rule 3.740 or a complex case, this cover sheet will be used fr salstical purposes only, ae reed WRG aaa TeE A Te eee GIViL CASE COVER SHEET Ei Seco ies komrannon na 38 ising eh owesunnes poy e e INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET ‘To Plaintiffs and Others Filing First Papers. If you are fling a frst paper (for example, a complaint) in a civil case, you must complete and fle, along wih your first paper, the Civil Case Cover Sheet contained on page 1. This information willbe used to compile Slalistcs about the types and numbers of cases fled. You must complete items 1 through 6 on the sheet. In item 1, you must check ‘one box for the case type that best describes the case. Ifthe case fts both a general and a more specific ype of case listed in item 1, check the more specific one. If he case has multiple causes of action, check the box that best indicates the primary cause of action. ‘To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover ‘sheet must be filed only with your inital paper. Failure to file a cover sheet wih the fist paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 ofthe California Rules of Court ‘To Parties in Rute 3.740 Collections Cages. A “collections case” under rule 3.740 is defined as an action for recovery of money ‘owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attomey's fees, arising from a transaction in ‘which property, services, of money was acquired on credit. A colections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (6) a prejudgment wit of attachment. The identification of a case as a rule 3.740 collections case on this form means that t wil be exempt from the general time-for-service requirements and cage management rues, unless a defendant fies a responsive pleading. A rule 3.740 collections ‘case wil be subject to the requirements for service and obtaining a judgment in rule 3.740. ‘To Parties in Complex Cases. iri complex cases only, pares must also use the Civil Case Cover Sheot to designate whether the ‘case is complex. If plaintif believes the case is complex under rule 3,400 of the Califomia Rules of Court, this must be indicated by ‘completing the appropriate boxes in tems 1 and 2. ita plaintiff designates a case as complex, the cover sheet must be served with the ‘complaint on ail partes to the action. A defendant may fle and serve no later than the time of its frst appearance a joinder in the cm-o10 flats cesiynaton, a counte-cesgnaton that he case nol complex or, # te plan has made no designation a designation at the case i complex «5. ASE TYPES AND EXAMPLES ta Tor 1s ee ec Prevanaly Complex ch sean (a. ‘Auto (22)}-Personal injuryiProperty | “ ‘Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) ‘omegerironghl Ona SreachotRenatense “Andvsrade Regen (9) Uninarea Maat (6) tho ‘en teat ctr Gonarucion Steg (0) cago tvotes ov unered ‘cr erongh enc) tn chang asa Yor 4) ‘retort cm ssdjct Cconacirany Sec Slar Seautis Ubon (0) storeson crock ns tom Pint (a eu or rgipence) Eraronenia Tae Tot 0) ‘stead at) nagigrt rach of Canoe incrsnco Coverage Ca ‘ter PUPnIND (Parsnal uy nen x Sropey Damagerrongh Bana) ° 3 Bresc f Contacioras Tort oa 7 Collections (e.9., money owed, open _ igment sores »— Gieon Coe SeerPainat nietea of udgment (Outot satel Property Damage 2 o rm ‘Ses oem orn ‘song oa nuit Contest of Judgment ron ‘Product Liability (not asbestos or rane | (not provisionally domestic retetions) toxic/environmental) (24) complex) (18) ‘Sister State Judgment eclestitagecto (09) : Sao Soogeson ‘emirate ayrcy Award ‘ede Mapracioe-—_ | Oe Cowrase epasiae abbnfCarteason Pryaans 8 Suyece ‘omer consea (an) ty ter Pefesounal Heath Car ‘oars Fraud ‘osgmeron Utpad Taxes Maipracti | ‘Other Contact Dispute Crna Enforcement of dgment ber PUPOMD 2) ol _ romes Ubi 2.9. slp a tansous Cv Complaint re ai) "Contenason (3) ‘acoen ia ay inyPOMD Wong Eten 3) Ce: San ona “og, asa vanaien) terest Property (9. gu ty 25) 10) inal nts ot “ante osseatn oi fea Property lance Rett Oa tron tnaton tess : Morgane Foose nc “oo Proton Ores Shier Hes Propry (nat minet Mochrcs in re oie es ‘ther PIPED oman, andorra or Comment Com on-PuP OID (Other Tort ‘recta onc, ones gee tee eee ‘ocmeee racica : rm eecus vl Potion ci ign fg scminaton, Read 2) wrest and Coporte trmaomer 0) Onge chek stom bonne, Soemrenes 2 ag etanaton Sander, a) ‘aru oo Conmorca Reset) ono <3) Jul Raviow SaiPteeoment fm ym ean Weta Visnece resect Peon fe: vation are (1 se Profeesonal Negigence (25) ‘Wi of Mandate (02) Sanne ean tage apn ‘Retina Mandamus cos at _ Sars pote \Wacandonos on Unted Gut Cecio Conmet 1 hat mee ose Mater erent iant eng Ste on HPD Fan) wicSterUnted Coun Case Pen Rett From ae nevow ter Gt Petion Teminaton 8) ver sass Revew a Sena... to ‘ten ot Agpoa-tabor 4 ‘Comte Appts aoe aT RT : ‘GIVIL CASE COVER SHEET FaneSoar ‘JAMIL. CANTOR v. NFL ENTERPRISES, LP, ot. al CIVIL CASE COVER SHEET ADDENDUM AND (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCAPIN) STATEMENT OF LOCATION gist) * ‘This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court. {tem 1. Check the types of hearing and fil in the estimated length of hearing expected for this case: surat? WZ ves cuassacion? ] ves ummeocaser Clyes nae esmiMareD FoR TRIAL. 10_CLnours/ 7] oays tem Il, Indicate the correct district and courthouse location (4 steps ~ If you checked Limited Case’, skip to item Ill, Pg. 4): ‘Step 1: After fist completing the Civil Case Cover Sheet form, fin the main Civil Case Cover Sheet heading for your case inthe let margin below, and, tothe right in Column A, the Civil Case Cover Sheet case type you selected. ‘Step 2: Check one Superior Court type of action in Column B below which best describes the nature ofthis case. ‘Step 3: in Column G, circle the reason for the court location choice that applies to the type of action you have checked. For any exception to the court location, see Local Rule 2.0. Applicable Reasons for Choosing Courthouse Location (see Column C below) +; Glass actions muse dnb Staniey MosCouthouse, canal dtc, Loco of propery a amarantygereoed vice E May b fed in corel oer coun. rho baa elunypropeny éomog9) teeston at errosces, 5: latin were gauge ot aten aye. on? T/BePerycamege. a en uncons whl + Location where body ry, death of damage occured. See 5: Lecaton where perormenesroqured or detenaan roses ‘Step 4: Fill in the information requested on page 4 in item Ill; complete item IV. Sign the dectaration. A B c (Chl Case Cover Shoot Type of Acton ‘Appleabie Reasons - Getogry No. {crack ony one) See Stop 3 Above gs ‘at 22) {3 A7100 Motor Vice Personal nunyPropertyDamagenNrongh Death | 1.2.4 3 = ‘Uninsured Motorist (48) 0. A7110 Personal injuryiProperty Damage/Wrongful Death - Uninsured Motorist | 1.,2., 4. © A807O Asbesoe ama 2 ‘Asbestos (04) pocaverae ee 1 A722% Asbestos - Personal iunrong ath 2 Eg |__Prowtuanimy can [47250 Pract tty ot ete or tleronmenth 8 eal Malpractice 8 Surgeons 1 FST swecruaprccn us) | A720 Maden tapas Poca & Su =e 2 A7240 Ober Professional Heth Care Motpracice G zs He 1 A7250 Pramas Unbly 0. an a . é ee {2 A7230 intentonat Body njryProperty OamageNWrongful Death (e9.. #4 ecpemthtte Tenant ay & World Deer 1B. A72TO tnenionalnfcson of Emotonal Distress 1-3 2 12 A7220 Otter Personal injuryProperty Damagenrongil Death 14 AGIV 109 Rev. 037) CIVIL CASE COVER SHEET ADDENDUM ‘ecal Rule 20 AND STATEMENT OF LOCATION Page 1 of 4 LSC Approved 03-04wear ne Com { JAMIL. CANTOR v. NFL ENTERPRISES, LP, et. A B c Chase Cover Shoot Type of Acton ‘Agpcabie Reasons ~ atepery No. (Check ony one) See Step 3 Above fusness Tot (07) | AB029 Cer CommeriavBusines Tor (ot taudreach of contra) 1.3 EE [cannery [a ass craripnucinaton | ea 53 =F Fraud (16) 1D ABOIS Fraus (v0 contac 1.2.3 s= D AB0I7 Legal Mapact 1.2.3 EB | rotssion negtgence (28) pecareeroreas aE 12 8050 Ober Professional Malpractice (ot medica egal) 4.2.3 ote (35) 12 ABt25 Otter Non Personal iuryPropery Damage ot 2a [wong Teminaton (98) [2 A6OST Wrongt Termination 12.3 : © at Gem a ‘tne Employment (18) & (15) |. As100-Labor Commissioner Appeas 10. 1D As004 Breach of Rerial.ease Contac (ol uniawhadetainer or wongh [2g ‘even ; Brose of Caneew Warranty | ry 48008 ContraciWaranty reach Saar Plainif (no audineglgence) Bs (vot inuronce) 1D. ABO19_Nogigant Breach of Contraaywarranty (no aus) ome 1D. Aa028 Oter Breach of Convaclarranty (nt aud or nogspece) i 1 A8002 Cotectons Cae-Seter Plant 2.5.6. otectons (0 3 1D a0r2 Omar Promissory NetetCotectons Case 2.8 Ineurance Coverage 18) | AGOYS insurance Coverage (rt complen 1.2.5.8 12 As009 Cénrachal Frau 1.2.3.5 Comer contact (a7) "| 3 nensi Tortus terterence 1.2.3.5 12 A8027 Otter Contac Oisput(ntbreachnsurancatrautnegspence) 1.2434 Enon Donariiwere mram;Domaiviwerse 1 7300 EninentDomainCendemnaton Number of parcel 2 : Se 28 3 AG018 Mortgage Forectosure 2.6 ‘ner Real Property 26) | 6032 Cust The 2.8 12 A8080 Oar Rea Proper (rat eminent emuin,lanclordRenant feecosue) | 2.8 ag [CM ONRRRCONTOETT Caco Unewel Dohe-Commort fot orwergheven) [2.8 3 Untowns Darer-Resiental | qg020 UnlawtlDetsnar- Residential (nt drugs or wronghl eviction) 2.6. s Usiewi Deine i puta Dewine:, | aaczor uw Deane Post Fredesure 2.8 | unws oaaneronge (8) [nate Unawhs Detain Ope 2.8 aGiy 100 Rev. 03) CIVIL CASE COVER SHEET ADDENDUM {ocalRule 20 ASC Approved 03.04 AND STATEMENT OF LOCATION Poge20f4a — JAMIL. CANTOR v. NFL ENTERPRISES, LP, et. al [ A - 8B c ocean ee —— sxrton te, ease ecarea sl acre om 0 ms i i sae wn he) eee : 3 D AS153 Whit - Other Limited Court Case Review 2 Provislonally Complex Litigation Enforcement (of Judgment Miscellaneous Civil Complaints Miscellaneous. Civil Petitions LAcrv id (Rev. 09/11) ‘Other Juda Review (9) 1D 6160 Oter Wit Jutial Review q Enéconmenta (20) i mee ‘Construction Defect (10) | A6007 Construction Defect * 1.2.3. Siena [a ae commento aan So uae = (© A8098 Tose TonvEnvronmental ‘fom Complex Cane (41) Enforcomont Insurance Coverage Claims _| ‘of Judgment (20). - ‘A801 Insurance CoveragerSubrogation (complex case only) xe TD AS141 Sister State Judgment 1D 8160 Absirac of Judgmant © * 1D. AB107 Confession of Judgment (non-domestic relations) G AB140 Administrative Agency Award (not unpad taxes) 1G Ast14 PotorCerticate for Entry of Judgment on Unpaid Tax 1D. AB112 Other Enforoment of Judgment Case RICO 27) 12 8033 Racketeering (ICO) Case {2.8030 Declaratory Ret Ony = : otherComphis "|G ASOD injunctive Rett Only not domesicharassren) {Not Spectieg Above) 42) | A8011 Other Commercial Complaint Case (nomortinon-camplex) 1.2.8 12. AAs000 other Gil Complaint (nontinen-compx) 1.2.8. ership Corporation ‘Govemance (1) 28 © AB121 Cit Harassment (© 8123, Workplace Harassment ciner Potions 1D AB124 ElferDepondent Adut Abuse Case 2.3.8 (Wot Species Above) |. AB180_ Election Contest 2 S A810 Patton for Change of Namo 27 2.3.4.8 1B. ABI70 Patton fr Rte rom Late Calm Law 1D A8100 Omer Givi Pation LASC Apbroved 03-06 CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION Local Rule 2.0 Page 3 of 4JAMIL. CANTOR v. NFL ENTERPRISES, LP, et. al. item Il, Statement of Location: Enter the address of the accident, party's residence or place of business, performance, or other Ccteumstance indicated in item I, Step 3 on Page 1, as the proper reason for fing in the court location you selected REASON: Check the appropriate boxes for the numbers shown | 10950 Washington Bid tinder Column € forthe type of action that you have selected for this ease. C1. G2. 23, 04.05. 06. 07. D8. 09.010. culver city sy .|99032 Item IV. Declaration of Assignment: | declare under penalty of perjury under the laws of the State of Califia tha the foregoing is true ‘and correct and that the above-entiied matter is properly filed for assignment to the Stanley Mosk ‘courthouse in the Central Distt of the Superior Court of California, County of Las Angeles [Code Civ. Proc. § 392 et seq., and Local Rule 20, subds.(b), (c) and (6). Dated: October 8, 2017 {SGwaTuRe OF ATTORNEWFEDE PART PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE: 1. Original Complaint or Petition. 2. If fling a Complaint, a conipleted Summons form for issuance by the Clerk. 3. Civil Case Cover Sheet, Judicial Council form CM-010. 4 it Case Cover Sheet Addendum and Statement of Loaton form, LACIV 109, LASC Approved 03-04 (Rev. ). Payment in full ofthe filing fee, unless fees have been waived, 6. Assigned order appointing the Guardian ad Litem, Judicial Council form CIV-010, ifthe plaintiff or petitioner is a ‘minor under 18 years of age will be required by Court in order to issue a summons. 7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum must be served along with the summons and complaint, or other initiating pleading in the case. (AGIV08 (Rev, 03/11) IVIL CASE COVER SHEET ADDENDUM Local Rule 20 Last Approves 03-04 AND STATEMENT OF LOCATION Page 4 ofa