10 W 12 13 14 18 16 17 18 19 20 21 22 2B 4 25 26 27 28 Janeen Carlberg (189197) LAW OFFICES OF JANEEN CARLBERG 335 Centennial Way, Suite 255 Tustin, CA 92780 CONFORMED COPY Tel.: | (714) 665-1900 mow ES Fax: (714) 665-1920 ean SEP 09 204 rR. Castor, Executive Officr/Glor: yt Jud Lara, Deputy Attorney for Plaintiff DAVID RUNYAN SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT BC557038 DAVID RUNYAN, Case No.: PLAINTIFF'S COMPLAINT FOR DAMAGES Plaintiff, v. SNAIL GAMES USA, INC., a California corporation, SHI HAL, an individual, and DOES 1 through 20, inclusive, Defendants. Disability-Gov't Code §12940(a)) §12945.2) 3. Failure to Prevent Discrimination (Gov't Code §12940(k)) Code §12940(m)) 5, Failure to Engage in a Good Faith Interactive Process -- (Gov't Code §12940(n)) 6. Wrongful Termination 7, Violation of Labor Code §201 8, Defamation JURY TRIAL DEMANDED 1 Complaint for Damages 1. Discrimination (Race, Ancestry, Physical 2. CFRA Violations including Failure to Grant Leave and Retaliation (Gov't Code Failure to Reasonably Accommodate a Known Physical Disability - (Gov'twok BN 10 12 13 14 15 16 7 18 19 20 21 23 24 25 26 27 28 PARTIES, JURISDICTION AND VENUE 1. Atall times relevant herein, Defendant SNAIL GAMES USA, INC. (hereinafter “Snail Games USA”) was and is a California corporation with its principle place of business in Los ‘Angeles County, California. Venue is proper in the Los Angeles County Superior Court because the Plaintifi’s place of business was located in the County of Los Angeles. 2, Atall times relevant herein, Defendant SHI HAI (hereinafter “Mr. Hai”) was and is an individual with the location of his residence presently unknown to Plaintiff but believed to be in China, Mr, Hai was the founder, Owner and CEO of Snail Games USA, Ine. While Mr. Hai’s primary residence is believed to be in China, Mr. Hai frequently traveled to Los Angeles County to conduct business and operate Snail Games. Mr. Hai was Plaintiff David Runyan’s supervisor and the individual responsible for Plaintiff David Runyan’s termination, 3. Atall times relevantherein, Plaintiff DAVID RUNYAN (hereinafterMr. Runyan” or “Plaintifi”) was and is a resident of the county of Orange in the state of California. During the relevant time period, Plaintiff was employed by and then terminated from Defendant Snail Games, USA, Ine. 4, Plaintiff is informed and believes, and thereon alleges, that the true names and capacities, whether individual, associate, corporate or otherwise of Defendants sued herein as Does 1 to 20, inclusive, are unknown to Plaintiff, who therefore sues said Defendants by such fictitious formed and believes, and thereon alleges, that the Defendants sued herein as names. Plainti "Does" are legally and/or equitably culpable and liable for the actions complained of herein. Plaintiff will seek leave of court to amend his complaint to allege the Does true names and capacities when the names and eapacities have been ascertained. 5. Plaintiff filed administrative complaints with the Department of Fair Housing and Employment within the statutory time period and received Notices of Case Closure (Right-to-Sue Letters) for each defendant named herein. FACTUAL ALLEGATIONS 6 OnJuly 12,2012, David Runyan was hired by Snail Games USA as the company’s Director of Game Operations. 2 ‘Complaint for DamagesBown 7, Snail Games USA is a video game developer. At the time that David Runyan was employed, the company was developing a free-to-play, massively multiplayer online role-playing game called Age of Wushu, 8. Mr, Runyan was a superior employee. As the Director of Game Operations, Mr. Runyan’s direct supervisors were initially Jeanette Zhou, President of Snail Games USA, and Shi Hai, Founder, Owner and CEO of Snail Games, USA. As the President of Snail Games USA, Jeanette Zhou was responsible for the day to day operations of the U.S. company. But Shi Hai was the individual who was actually in charge. Shi Hai is an officer, a director and a managing agent of Snail Games USA. 9. Thereality of working at Snail Games USA was that everyone answered to Shi Hai. Shi Hai primarily resided in China where he ran both the Chinese-based sister company (Snail Games Ltd.) and the U.S. company (Snail Games USA). Although Shi Hai was usually physically in China, he was able to remotely operate and manage the Snail Games USA offices through electronic means. Shi Hai also traveled to the United States periodically. When he was in the United States, he actively operated and managed Snail Games USA at the company’s Marina Del Rey offices 10, Working for Shi Hai was extraordinarily difficult as he was a volatile individual who would often make decisions based on raw emotion and snap judgments. Snail Games USA has named at least 4 different individuals as its President in less than 5 years. 11, InOetober of 2012, the Director of Publishing resigned after having a conflict with Shi Hai, The Director of Publishing was supposed to be creating a boxed version of the video game to put into retail stores. After the Director of Publishing's exit, Shi Hai assigned all of the job responsibilities to Mr. Runyan in addition to his own, 12. In December of 2012, Shi Hai came to the United States and made significant changes to the marketing side of the operation. Shi Hai terminated nearly all of the marketing employees, claiming that the entire marketing department was being moved to China. The U.S. marketing team had created an exceptional marketing plan. After the plan had been put together, Shi Hai decided to have his China-based gaming company, Suzhou Snail Electronic Co. Ltd. take Complaint for Damagesover this function. These significant and abrupt changes threw the entire company into chaos. Mr. Runyan was tasked with helping to put matters back in order. 13. In January of 2013, Mr. Runyan hired an individual named Charles Park as an Experienced Game Producer and Live Operations Manager. 14, In January of 2013, the release date of Age of Wushu was pushed back to April of 2013. 15. InFebruary of 2013, the President of Snail Games USA had a conflict with Shi Hai and resigned, 16. AsofMarch 1,2013, Mr. Runyan was assigned all of the job responsibilities of the President in addition to his own, Mr. Runyan had to report to directly to Shi Hai. 17. Atthis point, Mr. Runyan became the person primarily responsible for operating the company. In recognition of the fact that Mr. Runyan was essentially running the company and covering multiple positions at once, Shi Hai gave Mr. Runyan a raise and title change. Mr. Runyan’s new title was Director of Game Development. 18. Mr. Runyan was determined to stay on good terms with Shi Hai. Mr. Runyan tried to execute Shi Hai’s wishes as quickly and capably as was possible. Mr. Runyan sent weekly reports to Shi Hai. 19, Inorabout March of 2013, the Accounting Manager was terminated and replaced by Sandy Liang, Shi Hai gave Sandy Liang the job and he immediately trusted her because she was Chinese. 20. Mr, Runyan was subjected to race discrimination throughout his employment at Snail Games, Mr. Runyan is a white male who was born in the United States. Shi Hai is an Asian male who was born in China. Shi Hai discriminated against Mr. Runyan because Mr. Runyan was not Chinese. 21. Forexample, Shi Hai questioned Mr. Runyan’s decisions far more than he did the Chinese employees’ decisions. Shi Hai refused did not trust Mr. Runyan because he was not Chinese. When Mr. Runyan submitted items for reimbursement, Shi Hai questioned the submission. Shi Hai did not similarly question Chinese employees requests for reimbursement. 4 ‘Complaint for Damages10 u 13 4 16 7 18 19 20 21 22 23 24 25 26 27 28 Shi Hai also made comments about preferring Chinese employees to non-Chinese employees. Shi Hai also made derogatory statements about American customs and culture. 22. Race was a factor in many of Shi Hai’s business decisions. Shi Hai limited the authority of non-Chinese employees while at the same time extended the authority of Chinese employees. For example, Sandy Liang was a 26 year old (appx.) female employee in the Finance Department who was either Chinese or Chinese American who was vested with much more authority than David Runyan. 23. Despite her lack of experience, Ms. Liang was vested with a huge amount of authority. She could make significant business decisions that influenced the operation and direction ofthe company. Ms. Liang’s authority included the ability to enter into contracts on behalf of the company and she was a signatory on company bank accounts. Mr. Runyan did not have similar authority even though he was charged with the responsibility of operating the entire company. Race wwas the reason that Mr. Runyan was not was given authority comparable to Ms. Liang 24. On April 10, 2013, Age of Wushu was released. The game was originally targeted towards a Chinese audience. 25. Onorabout Friday, May 17, 2013, Mr. Runyan participated in a video conference and he was told to layoff the people in Charles Park's departments. Shi Hai again intended to transfer the operations to the Chinese company. 26. On May 28, 2013, some of the terminations ordered by Shi Hai on May 17, 2013 were carried out. 27. IndJune of 2013, the remainder of the employees who worked under Charles Park were let go, but Charles Park was retained. 28. When Shi Hai would visit the United States, he frequently held dinner meetings and attended industry functions. Shi Hai frequently consumed alcohol at these events and he expected ‘an employees that worked for him to do the same. Often Shi Hai would ingest copious amounts of alcohol and became very drunk. 29, Inmid-2013, the company was actively searching for anew, larger headquarters for it U.S. operations. 3 Complaint for Damages30. In May or June of 2013, Shi Hai came to the United States. Shi Hai invited Mr. Runyan to dinner. Shi Hai told Mr. Runyan that he was very happy with Mr. Runyan’s performance. Shi Hai told Mr. Runyan that he (Shi Hai) intended to promote Mr. Runyan to President of the company after the company move to new, bigger facility. Shi Hai also talked to Mr, Runyan about the new game in development, Black Gold. Shi Hai told Mr. Runyan that Snail Games USA was going to be expanding significantly in the near future. 31. There is an important trade show for computer and video gaming called ES that is held at the Los Angeles Convention Center every year in or around June each year. In 2013, E3 was held on June 11" through June 13, Shi Hai had Snail Games USA spend a lot of money on a large booth at E3. Shi Hai also booked several suites and an open bar tab at the J.W. Marriott, one of the finer hotels that was close to the E3 convention. The entire E3 convention was treated as a huge party by Shi Hai. 32, Eventually, new office space was located in the Santa Monica area of Los Angeles County. The company was set to take possession of the new and bigger location in August of 2013. 33. On or about Thursday, July 25, 2013, Mr. Runyan was unloading large boxes of video games from his vehicle when he suffered a serious injury to his back. Specifically, Mr. Runyan and a few other employees were unloading some large boxes filled with games out of his vehicle. Mr. Runyan had picked up two boxes at the same time and he (Mr. Runyan) immediately suffered pain in his back. 34. Mr. Runyan went inside the Snail Games USA offices and sat down in chair, hoping that the pain would pass. When the pain persisted, Mr. Runyan went into the President's office and laid down on a sofa that was in there, Mr. Runyan also took some ibuprofen. Mr. Runyan laid on the couch for approximately 30 minutes, but the pain still did not subside. In fact, it just kept getting worse. 35. Mr, Runyan advised Michelle Rocha, who was the person responsible for Human Resources matters, that he was not feeling any better and that he needed to be checked out by a doctor. Michelle Rocha drove Mr. Runyan back to Orange County since they had carpooled in to 6 ‘Complaint for Damagesawe work that day. Mr. Runyan then went to the nearest medical clinic he could find in Foothill Ranch, California. 36. Atthe medical clinic, Mr. Runyan was assessed as having a traumatic injury to his back. The extent of the damage could not be known without an MRI. Mr. Runyan was taken out of work for the remainder of the week and the next week. 37. Mr. Runyanadvised Charles Park and Michelle Rocha that he was injured and that he was going to be working remotely from home for the next week. Despite being given an off work order, Mr. Runyan did not want to leave his job unattended. Mr. Runyan continued to work every business day from his bed during the time he had been directed to be off of work. During his absence Shi Hai was told by Michelle Rocha that David Runyan had sustained a work-related injury and had been given an off work order. 38. Unfortunately, Mr. Runyan’s injury did not improve as quickly as he had hoped. ‘Ator close to the expiration of his off work order, Mr. Runyan went back to be seen again by a health care provider. By this time, Mr. Runyan had been given and MRI. The MRI results were not ‘good. It was evident that Mr. Runyan had a serious back injury in that he had a protruding dise in his spine. Mr. Runyan’s time off of work was extended for another week by his health care provider. 39, Mr. Runyan advised Charles Park and Michelle Rocha that he was going to have to miss another week off from work. Mr. Runyan submitted the medical certification taking him out of work for an additional week to Michelle Rocha. Michelle Rocha then advised Shi Hai that ‘Mr. Runyan’s off work order had been extended for another week. Shi Hai was also forwarded a copy of the doctor's certification taking him out of work for the next week. 40. Mr. Runyan did not think that being home for another week was going to be problematic because Mr. Runyan was working remotely from his home and the offices were closed anyway due to the relocation. In fact, furniture was in storage and all of the other Snail Games USA employees were working from home anyway. Mr. Runyan had every intention of working during from home the time he was supposed to be off work. Mr. Runyan fully expected to return to work after the additionally week of leave passed. That way, Mr. Runyan would have retumed 1 ‘Complaint for Damages10 M 12 14 15 16 17 18 19 20 21 2 23 24 25 26 a7 28 to work when the new offices were operational. 41. Shi Hai was very upset that Mr, Runyan sustained a work-related injury, that he took time off of work and that he had received an extension to his off work order. Shi Hai sent Mr. Runyan two very hostile e-mails, The first e-mail essentially stated that Mr. Runyan was lying about his injury and the corresponding off work order. The second e-mail stated that Mr. Runyan’s exist from the company would be arranged through Human Resources. 42. Thenext day, August 8, 2012, Mr. Runyan sent Michelle Rocha an e-mail asking her how he should proceed. 43. On August 12, 2013, Charles Park telephoned and confirmed that David Runyan ‘was in fact terminated. 44, On August 14, 2013, David Runyan received an overnight delivery of documents that confirmed that Mr. Runyan’s termination was effective as of August 12, 2013 45, Mr, Runyanwasnot givenhis final paycheck atthe time of his termination on either ‘August 7, 2013 or August 12, 2013. Mr. Runyan should have been paid on August 7, 2013, but he ‘was not paid until atleast a week later. 46. Mr. Runyan maintains that he was terminated because of his race (white), his national origin (U.S.), his ethnicity (American), his physical disability (protruding disc), the fact that he took leave and the fact that he needed another week of leave. Mr. Runyan requested a reasonable accommodation for his physical disability in that he needed a short period of time off of work to recover from the injury to his back. The employer refused to grant the reasonable accommodation and instead terminated Mr. Runyan from his employment. FIRST CAUSE OF ACTION (Race, Ancestry, National Origin and Physical Disability Discrimination--Gov't Code §12940(a)) (By Plaintiff Against Snail Games, Inc. USA and Does | through 10) 47. Plaintiff hereby incorporates paragraphs 1 through 46, inclusive, as though fully set forth at this point, 48. Thisactionisbrought pursuant to the California Fair Employmentand Housing Act, section 12940(a) of the Government Code and the corresponding regulations which makes it an i ‘Complaint for Damagesawn unlawful employment practice for an employerto discriminate against an employee because of the cemployee’s race, ancestry national origin or physical disability 49. Atall times mentioned in this complaint, Defendants regularly employed at least five employees bringing the Defendant employers within the provisions of section 12940 et seq. of the Government Code prohibiting employers or their agents from discriminating against employees on account of race, ancestry, national origin and/or physical disability 50, _Asalleged more fully herein, Mr. Runyan maintains that he was subjected to illegal discrimination by Snail Games USA when his request for leave was denied and he was terminated from his employment. Snail Games USA, by and through Shi Hai, held discriminatory animus against Mr. Runyan because of Mr. Runyan’srace (white), ancestry (non-Chinese), national origin (United States), physical disability (protruding disc) and Mr. Runyan’s corresponding need for a reasonable accommodation related to treating his physical disability. The requested reasonable accommodation was that Mr. Runyan needing total of approximately 11 adda % days off of work short period of time off to treat the back injury. 51. Asadirect and proximate result of Defendants’ unlawful conduct as alleged in this complaint, Plaintiff has suffered emotional distress. 52. Asa further direct and proximate result of the unlawful conduct, the Plaintiff has suffered and continues to suffer loss of income, loss of earning capacity, loss of job opportunity and other financial losses. 53. Because Plaintiff was discriminated against in violation of the law, plaintiff is entitled to recover attomeys' fees and costs inthis action pursuant to California Government Code section 12965(b). 54, Because the acts taken toward Plaintiff were carried out by Defendants acting in a deliberate, cold, callous, malicious, oppressive, and intentional manner in order to injure and damage plaintiff, Plaintiff requests the assessment of punitive damages against Defendants in an amount appropriate to punish and make an example of Defendants. Ml MW 9 ‘Complaint for DamagesRen SECOND CAUSE OF ACTION (CERA Violations--Gov't Code section 12945.2) (By Plaintiff Against Snail Games USA and Does 1 through 10) 55, Plaintiff hereby incorporates paragraphs 1 through 46, inclusive, as though fully set forth at this point. 56. This action is brought pursuant to Government Code section 12945.2 and the corresponding regulations which mandate that an employer covered by the act allow a qualified employee to take up to 12 weeks of leave per year for a qualifying medical condition. Government Code section 12945.2 also requires a covered employer to reinstate an employee who retums from qualified leave, Furthermore, Government Code section 12945.2 also prohibits an employer from retaliating against an employee for exercising his right to leave or for requesting leave. 57. Snail Games USA was an “employer” within the meaning of Government Code section 12945.2 in that the company employed more than 50 employees within a 75 mile radius of the work site where David Runyan was employed. Specifically, Snail Games USA maintained an average of at least 50 employees on its payroll for each working day during each of 20 or more calendar workweeks in either 2012 or 2013. 58. David Runyan was an employee who was qualified for CFRA leave in that he worked for Snail Games USA for one year period preceding his need for leave (date of injury was July 25, 2013) and he worked in excess of 1,250 hours in that 12 month period. 59. Despite the employer being subject to the California Family Right Act, the employer failed to properly notify its employees of their rights and obligations under the CFRA. or under the FMLA. 60, Mr, Runyan properly advised Snail Games USA of the fact that he had a serious medical condition and of his need for approximately 2 weeks and 2 days of leave. 61. Mr, Runyan was terminated because he suffered a serious injury and needed to take leave to treat the injury. Had Mr. Runyan not suffered the injury, and had Mr. Runyan not been given an off work order, and had Mr. Runyan not advised his employer of his need for an extension of his leave, Mr. Runyan would not have been terminated from his employment, 10 ‘Complaint for DamageswR BN Sc waa WW 12 13 14 15 16 7 18 19 20 2 22 24 25 26 7 28 62. Asadirect and proximate result of Defendants’ unlawful conduct as alleged in this complaint, Plaintiff has suffered emotional distress. 63. Asa further direct and proximate result of the unlawful conduct, the Plaintiff has suffered and continues to suffer loss of income, loss of earning capacity, loss of job opportunity and other financial losses. 64, Because Plaintiff was discriminated against in violation of the law, plaintiff is entitled to recover attorneys’ fees and costs in this action pursuant to California Government Code section 12963(b). 65. Because the acts taken toward Plaintiff were carried out by Defendants acting in a deliberate, cold, callous, malicious, oppressive, and intentional manner in order to injure and damage plaintiff, Plaintiff requests the assessment of punitive damages against Defendants in an fe to punish and make an example of Defendants. THIRD CAUSE OF ACTION (Failure to Prevent Discrimination - Gov't Code § 12940(k)) (By Plaintiff Against Snail Games USA and Does | through 10) 66. Plaintiff hereby incorporates paragraphs 1 through 54, inclusive, as though fully set forth at this point. 67. This action is brought pursuant to the California Fair Employment and Practices Act, section 12940(k) of the Government Code, which prohibits an employer from failing to take all reasonable steps necessary to prevent discrimination. 68. Atal times mentioned in this complaint, Defendants regularly employed at lea five employees bringing Defendant employer within the provisions of section 12900 et seq. of the Government Code prohibiting employers or their agents from failing to take all reasonable steps necessary to prevent discrimination. 69. Defendant employer failed to take all reasonable steps necessary to prevent discrimination and harassment in that the employer failed to comply with Department of Fair Employment and Housing laws and regulations, failed to offer discrimination training, failed to maintain an effective notice procedures, failed to adequately educate managers about in ‘Complaint for Damagesfe discrimination and leave rights, and failed to educate managers regarding proper responses to injuries and leave requests, Defendants also failed to take all reasonable steps to prevent discrimination by not taking adequate remedial action after becoming aware of ongoing discrimination. 70. Asadirect and proximate result of Defendants’ unlawful conduct as alleged in this complaint, Plaintiff has suffered emotional distress. 71. Asa further direct and proximate result of the unlawful conduct, the Plaintiff has suffered and continues to suffer loss of income, loss of earning capacity, loss of job opportunity and other financial losses. 72. Because Plaintiff was discriminated against in violation of the law, plaintiff is entitled to recover attorneys’ fees and costs in this action pursuant to California Government Code section 12965(b). 73. Because the acts taken toward Plaintiff were carried out by Defendants acting in a deliberate, cold, callous, malicious, oppressive, and intentional manner in order to injure and damage plaintiff, Plaintiff requests the assessment of punitive damages against Defendants in an amount appropriate to punish and make an example of Defendants. FOURTH CAUSE OF ACTION (Failure to Reasonably Accommodate a Physical Disability - Gov't Code § 12940(m)) (By Plaintiff Against Snail Games USA and Does 1 through 10) 74, Plaintiff hereby incorporates paragraphs 1 through 46, inclusive, as though fully set forth at this point, 75. This action is brought pursuant to the California Fair Employment and Practices ‘Act, section 12940(m) of the Government Code and the corresponding regulations which prohibit an employer from failing to make a reasonable eecommodation for a known disability. 76. _Atall times mentioned in this complaint, Defendants regularly employed at least five employees bringing Defendant employer within the provisions of section 12900 et seq. of the Goverment Code prohibiting employers or their agents from failing to make a reasonable accommodation of a known disability. 12 ‘Complaint for Damagesee ul 12 1B 14 15 16 7 19 20 2 22 24 25 26 27 28 77. The defendant employer Snail Games USA and Shi Hai individually knew that David Runyan suffered a low back injury because Mr. Runyan told Rocha and Park about the injury when ithappened. David Runyan also told Michelle Rocha and Charles Park of the fact that he had been given an off work order. After being on leave for the initial off work order, Mr. Runyan advised Michelle Rocha and Charles Park of the fact that his MRI had revealed a protruding dise and that his off work order had been extended. Mr. Runyan also sent in a scanned copy of his medical certification. Mr. Runyan also advised Rocha and Park that he (Mr. Runyan) had been working from home and would continue working from home until he was released to retum to the office. 78, Mr. Runyan’srequest for leave was a request for a reasonable accommodation. Mr. Runyan expected to return to work after being permitted to take approximately 2 weeks and 2 days off of work. 79, Shi Hai and Snail Games USA refused to reasonably accommodate Mr. Runyan by denying his request to be off of work, denying his request to work from home, refusing to grant the leave request and terminating Mr. Runyan from his position. 80. Mr. Runyan’srequest foraccommodation was reasonable and the employerhad the ability to grant the request without it causing hardship. At the time of the request for leave, the offices were closed and were being relocated. Employees were working from home during this time anyway. Shi Hai ran the company from China, Mr. Runyan also could have done his job remotely without their being any disruption to the company. 81. _Asadirect and proximate result of Defendants' unlawful conduct as alleged in this complaint, Plaintiff has suffered emotional distress. 82, Asa further direct and proximate result of the unlawful conduct, the Plaintiff has suffered and continues to suffer loss of income, loss of earning capacity, loss of job opportunity and other financial losses. 83. Because Plaintiff’ was discriminated against in violation of the law, plaintiff is entitled to recover attomneys' fees and costs in this action pursuant to California Government Code section 12965(b).. 1B ‘Complaint for Damages84, Because the acts taken toward Plaintiff were carried out by Defendants acting in a deliberate, cold, callous, malicious, oppressive, and intentional manner in order to injure and damage plaintiff, Plaintiff requests the assessment of punitive damages against Defendants in an amount appropriate to punish and make an example of Defendants. FIFTH CAUSE OF ACTION (Failure to Engage in the Interactive Process - Gov't Code § 12940(n)) (By Plaintiff Against Snail Games USA and Does 1 through 10) 85. Plaintiff hereby incorporates paragraphs 1 through 46, inclusive, as though fully set forth at this point. 86. This action is brought pursuant to the California Fair Employment and Practices Act, section 12940(k) of the Government Code and the corresponding regulations which require any employee requesting an accommodation an employer to engage in an interactive process of a physical disability. 87. __Atall times mentioned in this complaint, Defendants regularly employed at least five employees bringing Defendant employer within the provisions of section 12900 et seq. of the Government Code requiring employers to engage in a good faith interactive process to determine what, if any, reasonable accommodation exists for an employee with a physical disability. 88. Mr. Runyan made Snail Games USA aware of his need for @ reasonable accommodation when he told his employer his health care provider had given him off work orders giving Mr. Ruynon a (otal of about 2 weeks and 2 days off of work. 89. Onceaware of Mr. Runyan’sneed for a reasonable accommodation, the defendant employer has an obligation to engage in a good faith interactive process with Mr. Runyan to determine what reasonable accommodations existed to allow Mr. Runyan to perform his essential job functions and remained employed. 90. Snail Games USA failed to engage in a good faith interactive process with Mr. Runyan and failed to implement the reasonable accommodation he requested. Instead, Mr. Runyan ‘was summarily terminated by Shi Hai. 91. Asadirect and proximate result of Defendants’ unlawful conduct as alleged in this 4 ‘Complaint for Damagescomplaint, Plaintiff has suffered emotional distress. 92. Asa further direct and proximate result of the unlawful conduct, the Plaintiff has suffered and continues to suffer loss of income, loss of earning capacity, loss of job opportunity and other financial losses. 93. Because Plaintiff was discriminated against in violation of the law, plaintiff is entitled to recover attomeys' fees and costs in this action pursuant to California Government Code section 12965(b) 94, Because the acts taken toward Plaintiff were carried out by Defendants acting in a deliberate, cold, callous, malicious, oppressive, and intentional manner in order to injure and damage plaintiff, Plaintiff requests the assessment of punitive damages against Defendants in an amount appropriate to punish and make an example of Defendants. SIXTH CAUSE OF ACTION (Wrongful Termination) (By Plaintiff Against Snail Games USA and Does 1 through 10) 95. Plaintiff hereby incorporates by reference paragraphs | through 46, inclusive, as though fully set forth at this point. 96. Plaintiff alleges that he was wrongfully terminated from his employment at Snail Games USA. Mr. Runyan maintains that his termination was a wrongful termination because the defendant employer violated the laws of the State of California as set forth in Government Code sections 12940, 12945.2 and the corresponding administrative regulations of the Fair Employment and Housing Act. Mr. Runyan also maintains that his employer violated 97. Asadirect and proximate result of Defendants’ unlawful conduct as alleged in this ‘complaint, Plaintiff has suffered emotional distress. 98. Asa further direct and proximate result of the unlawful conduct, the Plaintiff has suffered and continues to sufier loss of income, loss of earning capacity, loss of job opportunity and other financial losses. 99. Because the plaintiff is enforcing an important public right, plaintiff is entitled to an attorney's fees award under Code of Civil Procedure §1021.5, 15 Complaint for Damages10 ul 12 1B 14 15 16 7 18 19 20 2 22 24 25 26 27 28 100, Because the acts taken toward Plaintiff were carried out by Defendants acting in a deliberate, cold, callous, malicious, oppressive, and intentional manner in order to injure and damage plaintiff, Plaintiff requests the assessment of punitive damages against Defendants in an ‘amount appropriate to punish and make an example of Defendants. SEVENTH CAUSE OF ACTION (Wage & Hour Violations--California Labor Code) (By Plaintiff Against Snail Games USA and Does 1-10) 101. Plaintiffincorporates by reference and re-alleges paragraphs | through 34, inclusive, as though set forth fully herein, 102. Pursuant to California Labor Code sections 201 and 227.3, an employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. Ms, Robbinson maintains that she was not paid all pay and vacation time due to her at the time of her termination. 103. Pursuant to California Labor Code Section 208, the place of the final wage payment for employees who are terminated (or laid off) is the place of termination or at the office of the employer within the county in which the work was performed. 104, Snail Games USA willfully failed to pay Mr. Runyan wages due him when he was terminated. Mr. Runyan was not provided his final paycheck when he was terminated. Instead, Mr. Runyan had to wait a least one week before he was paid the compensation owed to him. As such, Mr. Runyanis entitled to have wait time penalties assessed against the employer. The waiting time penalty is an amount equal to the employee's daily rate of pay for each day the wages went unpaid up toa maximum of thirty (30) calendar days. (Mamika v, Barca (1998) 68 [Link]-4th 487.) 105. Additionally, as a wage and hour dispute, Mr. Runyan is entitled to recover his attomey’s fees and costs incurred in pursuing this claim pursuant to Labor Code section 218.5. EIGHTH CAUSE OF ACTION (Defamation) (By Plaintiff Against Shi Hai and Does 11 through 20) 106, Plaintiff refers to and incorporates the allegations contained in the General 16 ‘Complaint for Damagesewe ao ul 12 13 14 15 16 7 18 19 20 a 2 23 24 25 26 27 28 Allegations of the complaint. 107. Shi Hai, acting on his own and on behalf of, or as an agent for, Snail Games USA, made false and defamatory statements to persons other than Plaintiff in that Shi Hai stated that David Runyan was dishonest and that David Runyan was lying about having a back injury or needing time off of work. Shi Hai wrote these statements in a e-mail that was sent to Charles Park, translated by another employee of Snail Games USA and was otherwise disseminated to other Snail Games USA employees and possibly to other individuals outside of the company as well, 108, The statements made by Shi Hai were false because David Runyan did actually injure his back, he was in pain, he did receive an off work order and he was not able to go into work for a period of about 2% weeks 109. Shi Hai knew that the statements he was making about David Runyan were false when he made them. Shi Hai had access to Mr. Runyan’s medical certifications taking him out of work at the time that he made the offending statements. Alternatively, Shi Hai failed to use reasonable care to determine the truth or falsity of the statements before making them. 110, The individual or individuals who received Shi Hai’s false statements reasonably understood that the statements were about Mr. Runyan. 111. The individuals receiving the defamatory statements reasonably understood the statements to mean that Mr. Runyan was being dishonest about his injury and need for leave. The viduals receiving the statements understood the statements to mean that Mr. Runyan was in violation of Snail Games USA policies, that he would be terminated from his employment because Mr. Runyan supposedly lied to Shi Hai, Shi Hai’s statements could be understood as meaning that Mr. Runyan was not an honest person, that he had engaged in some kind of wrongful conduct, that Mr, Runyan was not a desirable employee, that Mr. Runyan was untrustworthy and/or dishonest, that Mr, Runyan has a negative reputation, and that no company should employ Mr. Runyan because of his allegedly lack of honesty. 112, The false statements constitute defamation per se or, in the alternative, per quod. 113, As adirect and proximate result of defamatory statements, Plaintiff has suffered damage and harm, Mr. Runyan is entitled to recover either actual or presumed damages which 7 Complaint for DamagesSee ae ul 13 4 15 16 7 18 19 20 2 22 23 24 25 26 a7 28 include all damages that resulted from his unfair termination from his employment. The defamatory statements have also caused damage to Plaintiff's employability and reputation. 114. Asa direct and proximate result of defamatory statements, Plaintiff has also suffered emotional distress including, but not limited to, shame, mortification and hurt feelings which resulted from the defamatory statements. 115, TheDefendants’ despicable conduct aforementioned conduct was done with malice, oppression and/or fraud entitling Plaintiff to punitive damages. WHEREFORE, Plaintiff demands judgment against Defendants as follows: As to the First, Second, Third, Fourth and Fifth Causes of Action: 1. For general and compensatory damages; 2. For special damages according to proof; 3 For punitive damages; 4, For prejudgment interest on all amounts claimed that are readily ascertainable; 5. For costs and attomeys’ fees pursuant to Gov't Code section 12965(b); and 6. Forsuch other and further relief that the court considers proper. As to the Sixth Cause of Action: 1, For general and compensatory damages; 2. For special damages according to proof; 3. For punitive damages; 4. For prejudgment interest on all amounts claimed that are readily ascertainable; 5. Forattomney’s fees and costs pursuant to California Civil Code section 1021.5; and 6. For such other and further relief that the court considers proper. As to the Seventh Cause of Action: 1. Forall wages due and owing; 2. For any applicable penalties; 3. For prejudgment interest on all amounts claimed that are readily ascertainable; 4, Forattomey’s fees and costs; and 5. For such other and further relief that the court considers proper. 18 ‘Complaint for DamagesAs to the Eighth Cause of Action: 1, For general and compensatory damages; 2. For special damages according to proof: For punitive damages; 4. For prejudgment interest on all amounts claimed that are readily ascertainable: 3. Forests; and 6. Forsuch other and further relief that the court considers proper. LAW OFFICE OF JANEEN CARLBERG Dated: September 2, 2014 By: DAVID RUNYAN 19 Complaint for Damages