You are on page 1of 79
00/00/2014 10:23:30 FAK 2132499990 THE MATHEWS LAW GROUP CHARLES T. MATHEWS (SBN 55889) 37 E, Huntington Drive, Suite A CGAL ® ‘Arcadia, California 91006 , Phone: (626) 683-8291 A 6037 oer Fax: (626) 683-8295 Go oly ol Email: ‘Ted@mathewslawgroup.com vag 10 2015 AZADIANLAWGROUP,pPc — OBVYPT -FO GEORGE S. AZADIAN (SBN 253342) 790 E. Colorado Bivd., 9th Floor Pasadena, California 91101 Ph: (626) 449-4944 Fax: (626) 628-1722 Email: George@azadianlawgroup.com Attomeys for Plaintiff, AIMEE CONCEPCION Pret Sem essa SOS PRS SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES AIMEE CONCEPCION, an individual Plaintiff, NASTY GAL, INC., a corporation, and DOES 1 through 10 inclusive, Defendants. BC 575056 PLAINTIFE'S COMPLAINT FOR: |. SEX DISCRIMINATION IN VIOLATION OF GOV'T CODE §§ 12921, 12926 2, PREGNANCY DISCRIMINATION IN VIOLATION OF GOV'T CODE § 12940(A) (DISPARATE TREATMENT AND DISPARATE IMPACT) 3. PREGNANCY DISCRIMINATION IN VIOLATION OF GOV'T CODE § 12945(a)(“PREGNANCY DISABILITY LEAVE LAW”) 4. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY 5. BREACH OF CONTRACT 6. BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING 7. VIOLATIONS OF CALIFORNIA LABOR CODE §§ 970, 972 8, VIOLATION OF CALIFORNIA LAB¢ CODE § 1198.5 ae 9. INTENTIONAL INFLICTION' OFS © EMOTIONAL DISTRESS = Bee CASE NO. ra PLAINTIFF'S COMPLAINT FOR DAMAGES: a 660222078499 wa 413, XVa-AG 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL e Plaintiff Aimee Concepcion (“Plaintiff”) alleges as follows on knowledge as to herself and her own acts/interactions, and on information and belief as to all other matters: INTRODUCTION & NATURE OF ACTION 1. Plaintiff'is a 37 year-old female with a stellar record of working in the fashion/home retail industry for over a decade. In late 2013, Plaintiff was recruited from her job as a Buyer at Urban Outfitters in Philadelphia to come work for Defendant Nasty Gal, Inc. (“Nasty Gal” or “Defendant”), Plaintiff was recruited to build a “Home Goods” department for Nasty Gal, including building an inventory base and marketing it for Nasty Gal’s growing ‘customer base, from scratch. 2. Atall times, Plaintiff was an excellent employee. Plaintiff received praise and high marks on her performance reviews. 3. Despite Plaintiff's excellent performance, Plaintiff's employment with Nasty Gal was doomed from the minute she found out she was pregnant. Unfortunately for Plaintiff and a number of her coworkers, Nasty Gal has shown itself to be a horrible place to work for professional women who become pregnant and where discrimination runs rampant. First, Nasty Gal fails its legal obligation to appropriately advise pregnant employees of all of their rights under California and federal law. Second, Nasty Gal refuses to provide the right to pregnancy disability leave or reinstatement strictly mandated by California law and specifically misinformed Plaintiff about her rights. Third, instead of providing such mandated leave and reinstatement, Nasty Gal terminates pregnant employees so that it does not have to deal with ‘what it perceives to be as the inconveniences of dealing with pregnant employees (including providing them with matemity leave). 4. In late April, Plaintiff told her supervisors that she was pregnant. Shortly thereafter, when Plaintiff was 7 months pregnant, Nasty Gal notified Plaintiff that she would be terminated along with at least three other colleagues who were either pregnant, set to go on maternity/paternity leave, or already on matemity leave. Publicly, Nasty Gal stated that these terminations were to “strategically reorganize the business” and that the ‘cuts primarily affected Nasty Gal’s technology team and its PR team” however Plaintiff did not work in the PR or “le PLAINTIFF'S COMPLAINT FOR DAMAGES 00/00/2014 10:23:30 FAX 2132499990 technology departments, Indicative of the fact that Nasty Gal still needed someone (just not a pregnant employee) to perform Plaintiff's duties, Nasty Gal told Plaintiff that she could continue ‘working up until the date she gave birth but that she could not return afterward 5. Inaddition, Nasty Gal refuses to provide Plaintiff with a copy of her personnel file in violation of Labor Code section 1198.5, despite repeated requests to do so. 6. Nasty Gal’s discriminatory conduct is not just limited to Plaintiff. Indeed, at the same time it notified Plaintiff that she would be terminated, Nasty Gal also terminated Etalia Gold (who was 8 months pregnant and a few days away from starting maternity leave), Anne Coelen (who was a few days away from returning from matemity leave), and Gilberto Murillo (who was set to take paternity leave). Nasty Gal also recently terminated Rosa Lieberberg mere weeks after she announced to her coworkers that she was pregnant. JURISDICTION AND VENUE 7. This Court has personal jurisdiction over Defendant because it conducts business in the State of California 8. Under California Code of Civil Procedure section 395(a), venue is proper in this ‘County because Defendant resides in Los Angeles County. EXHAUSTION OF ADMINISTRATIVE PROCEEDINGS 9. Plaintiff exhausted her administrative remedies by timely filing a complaint for the issues required to be raised herein against all defendants with the California Department of Fair Employment & Housing (“DFEH") and thereafter received a “Right to Sue” letter from the DFEH, which allowed Plaintiff one year from October 24, 2014 to file this action. PARTIES 10, Plaintiff, at all times relevant hereto, was and is a resident of the State of California, 11. Plaintiffs informed and believes that Nasty Gal is a corporation organized and existing under the laws of California, with its principal place of business located at $23 W. 6" Street, Suite 330, Los Angeles, California. Nasty Gal is an online retailer that specializes in fashion clothing, shoes, and accessories for young women. According to its 2 PLAINTIFF'S COMPLAINT FOR DAMAGES 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL website, www nastyeal.com, Nasty Gal is a “global online destination for fashion-forward, free- thinking girls” founded in 2006 by Defendant's current Chief Executive Officer, Sophia Amoruso. According to an article in the New York Times published March 24, 2013, Nasty Gal has 550,000 customers, attracts six million visits to its website a month, and made nearly $100 million in revenue in 2012. In or around March of 2012, a venture capital firm, Index Ventures, provided Nasty Gal with $9 million. In August of 2012, when Nasty Gal was on track to quadruple its 2011 sales to $128 million, Index Ventures provided Nasty Gal with an additional $40 million. According to its website, as of October 2014, Nasty Gal had over @ dozen vacant positions and was hiring throughout its accounting, creative, customer care, design & development, distribution, marketing, and retail departments, 12. tall relevant times, Nasty Gal employed more than 50 people. 13. The true names and capacities of the defendants named herein as Does 1 through 10, inclusive, whether individual, corporate, associate or otherwise, are unknown to Plaintiff who therefore sues such defendants by fictitious names pursuant to California Code of Civil Procedure section 474, Plaintiff is informed and believes that all of the Doe defendants are California residents. Plaintiff will amend this Complaint to show such true names and capacities when they have been determined. 14, Plaintiff is informed and believes that at all times relevant herein, each defendant designated, including Does 1 through 10, was the agent, managing agent, principal, owner, Partner, joint venturer, representative, manager, servant, employee and/or co-conspirator of each of the other defendants, and was at all times mentioned herein acting within the course and scope of said agency and employment, and that all acts or omissions alleged herein were duly committed with the ratification, knowledge, permission, encouragement, authorization and consent of each defendant designated herein. 3 PLAINTIFF'S COMPLAINT FOR DAMAGES 00/00/2014 10 u 12 13 14 15 16 17 18 19 20 21 in 23 a4 135 26 wr 28 10:23:30 FAX 2132499990 NATIONWIDE LEGAL PLAINTIFF IS RECRUITED FROM PHILADELPHIA TO WORK AT NASTY GAL IN LOS ANGELES AND PERFORMS WELL AT ALL ‘TIMES. 15. Plaintiff_is a 37 year-old female with a stellar record of working in the fashion/home retail industry for over a decade. 16. Plaintiff received a Bachelor of Arts degree in Women’s Studies specializing in Communications from the prestigious University of Michigan. Since 2001, Plaintiff has worked in the fashion retail industry in either a management position or as a Buyer. Prior to being recruited to work at Nasty Gal in Los Angeles, California, Plaintiff worked as a Buyer for Urban Outfitters’ “Furniture, Lighting and Storage” department in Philadelphia 17. On October 29, 2013, Plaintiff was contacted by Chloe Polanco, who worked as a recruiter for Nasty Gal, Ms. Polanco informed Plaintiff that Nasty Gal was going to create a “Home Goods” department and that it was looking to hire her for the position of Buyer for this department. On November 8, 2013, Ms. Polanco emailed Plaintiff to tell her that Nasty Gal wanted to fly her to Los Angeles for an in-person interview in late November. On November 21, Nasty Gal flew Plaintiff to Los Angeles and on the following day, Plaintiff interviewed with Ms. Polanco, Iris Hanu (Nasty Gal’s Senior Corporate Recruiter), Christina Ferrucci (Nasty Gal’s Buying Director), Camilla Whitman (Nasty Gal’s Senior Buyer for Non-Apparel), Molly ‘Tapp-Wilkinson (Nasty Gal’s Inventory Planning representative), Deborah Benton (Nasty Gal’s Chief Operating Officer), Bob Ross (Nasty Gal’s Chief Financial Officer), and Defendant's Chief Executive Office and Creative Director, Sophia Amoruso, 18, During interviews with Nasty Gal, Plaintiff was assured by Ms. Polanco, Ms. Hanu, Ms. Ferrucci, Ms. Whitman, Ms. Tapp-Wilkinson, Ms. Benton, and Ms. Amoruso that the position was a stable position that would not be going away and that she would be part of building a long term department. 19. On December 20, 2013, Nasty Gal offered Plaintiff the position and provided her with an offer letter. (See Nasty Gal’s December 20, 2013 Job Offer, attached hereto as Exhibit 4 PLAINTIFF'S COMPLAINT FOR DAMAGES 00/00/2014 10 12 = 14 1S 16 7 18 19 20 21 (22 B 24 3 36 27 28 10:23:30 FAX 2132499990 NATIONWIDE LEGAL 1) On December 23, 2013, Plaintiff accepted Nasty Gal’s offer. On February 3 and 4, 2014, Plaintiff worked with Ms. Ferrucei and Ms. Whitman at the NY Now Trade Show in New York. 20. Because of Nasty Gal’s promise that she would be provided a stable job as Buyer for Nasty Gal’s “Home Goods” department, Plaintiff moved from Philadelphia to Los Angeles, California in early February 2014. Plaintiff began working at Nasty Gal’s Los Angeles office on February 13, 2014. Plaintiff's job responsibilities included attending trade shows and ‘communicating with vendors, finding and purchasing home goods products (including technological accessories, decorative accessories, and home furnishings) from manufacturers for ‘Nasty Gal to sell, managing inventory to maximize sales and control the budget for the “Home Goods” department, and communicating the product information to Nasty Gal’s fulfillment center, photo studio, and copy writing teams. Plaintiff was tasked with building the “Home Goods” department from scratch, including building the inventory and marketing it for Nasty Gal’s customer base. 21, Inmid-July, Plaintiff's supervisor, Camilla Whitman, provided Plaintiff with a stellar performance review. In this performance review, Ms. Whitman praised Plaintiff for being “on track to beat her forecast and to reach her personal goals.” Indeed, in July of 2014, Plaintiff was lauded for exceeding the department's expected sales goal by 125%. In the aforementioned performance review, Ms. Whitman raved that Plaintiff had “[vJast knowledge of the industry, professional communication with vendors, (and was] organized and detail oriented. Great collaboration with the studio and copywriters.” Moreover, Ms. Whitman wrote “Aimee is a ‘model of professional behavior. She cares about the product and the way it is represented. She is starting a department from scratch, which is no easy feat, and she has risen to the challenge.” (See Plaintiff's Performance Review, attached hereto as Exhibit 2.) PLAINTIFF BECOMES PREGNANT AND NOTIFIES NASTY GAL SOON THEREAFTER. NASTY GAL FAILS TO NOTIFY PLAINTIFF OF HER RIGHTS. 22. On February 24, 2014, Plaintiff found out she was pregnant. Ss PLAINTIFF'S COMPLAINT FOR DAMAGES 00/00/2014 10 ul 12 13 4 16 17 18 19 20 21 22 23 24 25 26 27 28 10:23:30 FAX 2132499990 NATIONWIDE LEGAL 23. On April 22, 2014, Plaintiffhad a meeting with her supervisor, Ms. Whitman, during which Plaintiff informed Ms. Whitman of her pregnancy. Ms. Whitman, appearing shocked and not pleased to find out this joyous news, asked if Plaintiff intended on returning after taking maternity, to which Plaintiff answered that she would come back after maternity leave. On April 24, 2014, Plaintiff notified Ms. Ferrucci and Jamie Koustas (Nasty Gal’s Divisional Merchandise Manager) that she was pregnant and needed to undergo a medical procedure the following week. Plaintiff also notified Kathleen Pearse (Nasty Gal’s Senior ‘Manager of Human Resources) that she was pregnant and inquired about the policies for maternity leave offered by Nasty Gal and the government. (See Plaintiff's April 24, 2014 Email to Kathleen Pearse, attached hereto as Exhibit 3) Specifically, Plaintiff stated “I just let my team know that I am expecting a baby later this year. I wanted to know if we could meet to discuss what the company (and government) policies are for maternity leave.” Ms. Pearse referred to Evelyn Meza (Nasty Gal’s Human Resources Administrator), who would discuss with her Nasty Gal's matemity policies and benefits. 24. On April 25, 2014, Plaintiff met with Ms. Meza to discuss the maternity policies and benefits Nasty Gal offered its employees, at which point Ms. Meza provided Plaintiff with a document entitled “Nasty Gal - Maternity Leave Made Easy” (See Nasty Gal - Maternity Leave Made Easy, attached hereto as Exhibit 4.) Plaintiff was told that the company is only required to give her six weeks of leave if she undergoes a vaginal birth or eight weeks of leave if she ‘undergoes a cesarean section during birth. Ms. Meza told Plaintiff that a pregnant employee may be able to take 16-18 weeks leave if they receive a note from their physician. At no point did Nasty Gal ask Plaintiff to provide medical certification corroborating her pregnancy or tell Plaintiff that she would be entitled to reinstatement after maternity leave if she took more than 6- 8 weeks of leave. 25. Plaintiff was told that she was not entitled to maternity benefits because she had not been employed with Nasty Gal for 12 months and that she would only have worked for Nasty Gal for nine months on the expected due date, November 3, 2014. Plaintiff was also told that Nasty Gal was not required to reinstate Plaintiff after her maternity leave if she took more than 6 PLAINTIFF'S COMPLAINT FOR DAMAGES 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL 6-8 weeks of leave. The first section of Nasty Gal’s document explaining the company's ‘maternity leave policy provides a preface that benefits are only provided to those who have worked with Nasty Gal for at least! year and for 1250 hours. (See Exhibit 4 (“If you have been employed for at least 1 year & worked 1250 hours, you are eligible for Family Medical Leave ‘Act (FMLA), which is 12 weeks of job protected leave running concurrently with Pregnancy Disability Leave.”).) Plaintiff was also not informed that she could take disability leave starting four weeks before her due date 26. The document Nasty Gal provided Plaintiff entitled “Nasty Gal ~ Maternity Leave Made EASY” did not state that (nor was Plaintiff informed), that California's Pregnancy Disability Leave Law (“PDLL") requires employers to provide employees with up to four ‘months of leave for disability due to an employee’s pregnancy and/or childbirth, that an employee generally has the right to be reinstated to the same (or comparable) position she held before taking leave, and that the requirement that an employee have worked 1250 hours within the 12 months prior to taking leave did not apply to the PDLL. The document did not state that Plaintiff could take disability leave starting four weeks before her due date. 27. Plaintiff did not receive the appropriate notice about her rights concerning pregnancy leave under the PDLL “as soon as practicable” after she told Nasty Gal about her pregnancy and inquired about pregnancy leave in violation of 2 California Code of Regulations § 11049(4)(2). Instead, Plaintiff only received the document entitled Nasty Gal - Maternity Leave Made Easy, attached hereto as Exhibit 4, which fails to mention that both the California Family Right Act (CFRA) and PDLL “guarantee reinstatement to the same or a comparable position at the end of the leave” or that even if an employee was not eligible for leave pursuant to the Family Medical Leave Act or California Family Rights Act, she would still be “entitled to take pregnancy disability leave (PDL) of up to four months.” Nasty Gal also failed to inform Plaintiff of available comparable positions by means “reasonably calculated” to give her notice of such job openings in violation of 2 California Code of Regul: is § 11042(c)(2)(b). 28. Right after her meeting with Ms. Meza, Plaintiff had an online chat with a coworker, Jenna Gielan, during which she confided “i'm trying not to cry right now. jihad a talk Te PLAINTIFFS COMPLAINT FOR DAMAGES 00/00/2014 36 10:23 130 FAX 2132499990 NATIONWIDE LEGAL with HR and they said i don’t qualify for maternity leave. i only qualify for the amount of time for disability. so if it only takes me 6 weeks to recover from giving birth thats all I can take off (Ms. Gielan:] is that legal?!! [Plaintiff]... yeah you only qualify for 12 weeks off if you are an employee for a year and they said I might not even qualify for the state disability leave because i haven't been a resident in CA for long enough . . . the other eligibility is that you have to have worked 1250 hours by the time you take the time off. HR told me that i won’t qualify for that - that’s why I was so bummed out at lunch. i cried in the bathroom for a bit.” 29. On July 17, 2014, Plaintiff attended a trade show at “LA Mart.” Plaintiff told Ms. ‘Whitman that she was the only source of income for herself and her baby and that she was afraid that she may lose her job since she was told that Nasty Gal is not required to “hold” er position for her if she needed more than 6-8 weeks for matemity leave. Plaintiff, who had recently ‘moved across the country based on Nasty Gal’s promise of a stable job, was terrified at the prospect of losing her income and her medical benefits with a new baby on the way simply because she became pregnant and asked with Ms. Whitman to have Nasty Gal make an exception to its maternity leave policy for Plaintiff. Unfortunately, Ms. Whitman told her there was nothing she could do, 30. In June 2014, Nasty Gal approved hiring a temporary replacement to take Plaintiff's position while she would be on matemity leave because the Home Goods department was growing more profitable and exceeding expectations. Plaintiff recommended Sloane Bryce. After two interviews with Ms. Bryce on July 28, and August 1, 2014, Ms. Ferrucci approved the hiring of Ms. Bryce. Accordingly, as of early August 2014, Nasty Gal needed a dedicated employee to perform Plaintiff's duties. However, Nasty Gal never hired Ms. Bryce as a temporary replacement for Plaintiff. 31. On August 12, 2014, Plaintiff emailed Ms. Koustas to set up a meeting to discuss ‘maternity benefits, which was held on the following day. During this meeting, Plaintiff told Ms. Koustas that she was informed that she would only get 6-8 weeks off without maternity leave compensation and was unclear whether her health insurance would continue during the 6-8 weeks. Ms. Koustas said that she believed Plaintiff would qualify for state disability before her & PLAINTIFF'S COMPLAINT FOR DAMAGES 00/00/2014 10:23:30 FAK 2132499990 NATIONWIDE LEGAL due date, after she gives birth, and then additional leave for baby bonding but that she would have to set up a meeting with Ms. Hunt for clarification. During this meeting, Plaintiff told Ms. Koustas that Plaintiff would like to get 12 weeks off after giving birth (with health insurance) and be able to return to her job after the 12 weeks off. Plaintiff even offered to work part time or from home during the 12 weeks if she could receive income or health insurance during the 12 weeks and restated that she wanted to return after giving birth after that 12 week period. PLAINTIFF IS TERMINATED BECAUSE OF HER PREGNANCY, NASTY GAL BREAKS ITS PROMISE TO PLAINTIFF AND REFUSES TO PAY HER OR PROVIDE HER BENEFITS. 32. On August 28, 2014, Plaintiff met with Ms. Koustas and Kimberly Hunt (Nasty Gal's Chief People & Culture Officer), who informed Plaintiff that she was being terminated. Ms. Koustas and Ms. Hunt told Plaintiff that “the company was reassessing their budgets.” They told Plaintiff that Nasty Gal had decided to go forward with the Holiday Gift Shop (which has similar merchandise to the Homes Goods department) but the company did not know the fate of the Home Goods department until after the holiday season so Plaintiff's position would be terminated, Plaintiff was informed that her responsibilities would be passed to Ms. Whitman. 33. Onor around August 29, 2014, Nasty Gal’s founder, Chief Executive Officer, and Creative Director, Ms. Amoruso, told the publication Woman’s Wear Daily that “[Nasty Gal] made some changes yesterday in order to strategically reorganize the business to fit our vision of the future” and that the “cuts primarily affected Nasty Gal’s technology team and its PR team, as the company is transitioning PR coverage out to agencies rather than an in-house staff.” (See September 2, 2014 Article “Nasty Gal Lays Off Tech and PR Staffers,” attached hereto as Exhibit §,) Plaintiff did not work in the PR or technology departments and was specifically included in this layoff because she was pregnant and would need to take leave (when it became too hard for her to work due to her pregnancy) before the holiday shopping season. 34. Nasty Gal did not offer Plaintiff another position but told her that she could continue working up until she gave birth (or was unable to work because of her pregnancy) and that regardless of when she stopped working, she would continue receiving income and medical a PLAINTIFF'S COMPLAINT FOR DAMAGES 10 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL benefits until giving birth and Nasty Gal would pay for COBRA benefits one month after Plaintiff gave birth. Plaintiff was somewhat relieved to hear that she would receive such income and benefits because she was terrified of not having money or health care benefits when her child would be bom. Ato point did Ms. Koustas or Ms. Hunt say that Plaintiff would only receive such income, benefits, and a one-month extension of COBRA benefits if Plaintiff signed a severance agreement waiving her legal rights. 35. On September 24, 2014, Ms. Whitman confirmed Nasty Gal's offer to provide Plaintiff with income and medical benefits until her due date of November 3, 2014 and an additional month of medical coverage through COBRA. On September 24", Plaintiff and Ms. Whitman had the following online chat ‘Ms. Whitman: Iwas thinking about what you said regarding disability, and it occurred to ‘me that maybe what Kim [Hunt] and Jamie [Koustas] told you may not have been clear. Are you aware that you are going to be paid until your due date and that you will have medical coverage until one month after your baby is born? Plaintiff; Yeah ‘Ms. Whitman: And that’s regardless of whether or not you are here. Plaintiff; Ah ok. ‘Ms. Whitman: Did they not make that clear when they spoke to you? (See Printout of Online Chat Between Plaintiff and Ms. Whitman, attached hereto as Exhi 36. On September 3, 2014, Ms. Koustas told Plaintiff that the “Home Goods” department would continue to exist although she was the only person who worked in that department. 37. On September 8, 2014, Plaintiff attended an “all ears” meeting led by Ms. Amoruso, Ms. Hunt, and Sheree Waterson (Nasty Gal’s Chief Product Officer) in which Ms. Amoruso told the room that she was happy to continue to be working with everyone present, all of whom had not been terminated. Plaintiff was humiliated as everyone knew that she had been. -10- PLAINTIFF'S COMPLAINT FOR DAMAGES 00/00/2014 sa 10:23:30 FAX 2132499990 NATIONWIDE LEGAL terminated and was only working until she either gave birth or could no longer work, after which she would not be employed anymore and was not going to be reinstated. 38. On September 24, 2014, Plaintiff emailed Ms. Whitman, Ms. Koustas, and Ms. Hunt to inform them that her last day would be October 3, 2014. (See Plaintiff's September 24, 2014 Email Exchange, attached hereto as Exhibit 7.) Plaintiff wrote “I am sad to be leaving but am thankful you kept me on for a few weeks after the layoff. I wanted to especially thank Camila, Jamie and Kim for trying to get an exception for me so that I could have pregnancy leave and come back in a few months. 1 wish it had worked out and will miss this opportunity Lastly, can you please also provide me with confirmation that Nasty Gal will continue to pay my salary and my health insurance until I give birth and will pay for one month of my COBRA. after I give birth? My due date is November 3rd.” (Emphasis added.) e- Indicative that Plaintiff was an excellent employee, Ms. Whitman sent a reply ‘email stating “You will be dearly missed. Thank you for all your hard work and for nurturing this new department. You have done a really great job. You can always rely on the highest recommendations from me!” Ms. Koustas also sent a reply email stating “Of course you can use me as a recommendation and anything I hear of I will send your way!” (Emphasis added.) 40. On October 3, 2014, Plaintiff was provided with a severance agreement and told that the items that Nasty Gal had previously promised her (income until her November 3” due date and health insurance through December 2014) were now conditioned on Plaintiff signing a severance agreement waiving her legal rights. (See Separation Agreement and General Release, attached hereto as Exhibit 8.) Had Plaintiff known that Nasty Gal would break its promise to Plaintiff and stop paying Plaintiff her salary or providing her with medical benefits when she stopped working, Plaintiff would have continued working up until giving birth as she and her unborn child needed the money and medical benefits. Now, Plaintiff was scared that she and her unborn child would not have money or medical benefits when she most needed them. Plaintiff met with Ms. Hunt on October 3, 2014, who told her that this offer was “more generous” than what Plaintiff would have received otherwise. Ms. Hunt misrepresented to Plaintiff that she ‘would only have been entitled to take leave for disability starting one week before her due date. TS PLAINTIFF'S COMPLAINT FOR DAMAGES 12 00/00/2014 10:23:30 PAX 2132499990 NATIONWIDE LEGAL In short, Nasty Gal tried to force Plaintiff to sign the severance agreement and break its previous promise by scaring Plaintiff into thinking her alternative was to give birth without employer- covered health insurance and no salary. 41. In response, Plaintiff emailed Ms. Hunt on October 3, 2014. (See PlaintifP's October 3, 2014 Email Exchange with Kimberly Hunt, attached hereto as Exhibit 9.) In her email, Plaintiff wrote “I was never informed or expected that in order to receive the payment and continued benefits I would be asked to give up any right I may have.” In a reply email, Ms. Hunt. simply said that a severance agreement is “customary” but never denied that Nasty Gal was breaking its promise to Plaintiff. 42, In Plaintiff's October 3, 2014 email, Plaintiff also requested a copy of her personnel file. (See Ext 9.) In reply, Ms. Hunt stated “Your request for a copy of your personnel file is noted. It will be sent to the address you provided within 30 days [by October 31, 2014).” (See Exhibit 9.) 43. On November 4, 2014, 32 days after she had requested a copy of her personnel file, Plaintiff had still not received a copy of her personnel file. By then, Plaintiff had given birth to her daughter but Nasty Gal failed to process her registration with COBRA for Plaintiff to obtain health benefits. Therefore, Plaintiff sent Ms. Hunt and Ms. Meza an email asking about the status of her COBRA registration and stated, “I asked for my personnel file on October 3rd and have yet to receive it. Can you please give me an update on that? Has it been sent to me? If not, can you please send it to me?” (See Plaintiff's November 4, 2014 Email Exchange with ‘Kimberly Hunt and Evelyn Meza, attached hereto as Exhibit 10.) Ms. Meza replied back the following day that she would provide her with an update as to the status of her COBRA benefits but ignored Plaintiff's request for her personnel file. 44. As of November 11, 2014, 39 days after making a written request, Nasty Gal has still refused to provide Plaintiff with a copy of her personnel file 12. PLAINTIFF'S COMPLAINT FOR DAMAGES 13 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL NASTY GAL FIRES NUMEROUS EMPLOYEES WHO ARE PREGNANT OR ON MATERNITY LEAVE. 45. Plaintiff was not the only pregnant employee who Nasty Gall terminated on August 28, 2014. Quite the contrary, Nasty Gal terminated numerous individuals on or about ‘August 28, 2014 who were either pregnant or on matemity/paterity leave. 46. Etalia Gold was recruited by Ms. Hanu to come work at Nasty Gal on April 23, 2013. Ms. Gold was Nasty Gal’s Marketing Acquisition SpecialisCoordinator and was provided a raise and bonus because of her excellent work performance. Nasty Gal always praised Ms. Gold and provided her with positive performance reviews. On March 26, 2014, Ms. Gold notified Nasty Gal that she was pregnant. Ms. Gold’s last day of working before taking matemity leave was supposed to be August 29, 2014. However, on August 28, 2014, immediately before she was about to take her maternity leave, Ms. Gold was notified that she was being terminated and that her healthcare coverage would be terminated effective September 1, 2014 unless she signed a document waiving her legal rights. Instead of going to a birthday/maternity leave lunch that her coworkers had planned for her, Ms. Gold (who was 36 weeks pregnant) had to pack up all of her belongings immediately. In addition to being humiliated, Ms. Gold suffered great emotional distress due to the fact that her family no longer had her income or medical benefits and she was supposed to give birth within 4 weeks. 47. Anne Coelen was recruited to work at Nasty Gal by David Thomas (Nasty Gal’s Chief Technology Officer) on February 18, 2013 to work as Nasty Gal’s Project Management Office & Operations Director, Ms, Coelen received excellent performance reviews, exceeded performance goals, and eventually received a raise because of her fantastic work product. In October 2013, Ms. Coelen found out she was pregnant. In early January 2014, Ms. Coclen informed Nasty Gal that she was pregnant and that she would be taking leave upon her due date, which was June 21, 2014 and returning on September 2; 2014. On August 28, 2014, just a few ays she was supposed to return from maternity leave, Mr. Thomas called Ms. Coelen and informed her that she was being terminated due to “restructuring.” However, Ms. Coelen found out that Nasty Gal had hired two male employees who replaced her and took over her job duties. -13- PLAINTIFF'S COMPLAINT FOR DAMAGES 14 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL Given that these new employees were male, Nasty Gal did not need to be concemed that they would become pregnant or would retum from maternity leave and no longer be as dedicated 48. Gilberto Murillo worked for Nasty Gal in its Information Technology department since approximately June 2013 and led Quality Assurance. Mr. Murillo’s wife was pregnant and their baby was due in or around October 2014, when he was scheduled to take paternity leave, Mr. Murillo was also terminated on or around August 2014. 49. Rosa Lieberberg began working for Nasty Gal as Senior Content Editor on or about April of 2012. Ms. Lieberberg received excellent performance reviews. She never received any formal warnings or reprimands. On or around September of 2014, Ms. Lieberberg ‘announced to her coworkers that she was 12 weeks pregnant, Almost immediately thereafter, in mid-October 2014, Nasty Gal terminated Ms. Lieberberg because of a complaint in which someone lied that she was the leader of a “mean girl club.” Ms. Lieberberg was never given a ‘warning or a chance to defend herself — instead, Ms. Lieberberg was terminated and Nasty Gal once again saved itself from having to provide another pregnant employee with maternity benefits or hiring a temporary replacement. 50. Nasty Gal’s layoff in August 2014 included a staggeringly disproportionate ‘number of employees who were either pregnant or on maternity/paternity leave (at least four out of the twenty employees laid off) and included all employees who Nasty Gal knew were either Pregnant or on maternity/patemity leave. 51. Plaintiff was an excellent employee who had single-handedly developed a successful and profitable new department for Nasty Gal. She was showered with praise from her supervisors. Notwithstanding, shortly after finding out that Plaintiff was pregnant, Nasty Gal terminated Plaintiff and included her in a reduction in force due to her pregnancy and the fact that she was about to take maternity leave. Moreover, Nasty Gal promised to pay Plaintiff and provide her with medical benefits through her due date only to later break that promise and to try and threaten Plaintiff with the nightmare of giving birth to a child without health care if she didn’t waive her legal rights. As a result of Nasty Gal’s betrayal (especially at such a vulnerable “14 PLAINTIFF'S COMPLAINT FOR DAMAGES 15 00/00/2014 6 7 8 9 10:23:30 FAX 2132499990 NATIONWIDE LEGAL point in Plaintiff's life), Plaintiff became emotionally distraught and suffered extreme emotional distress. FIRST CAUSE OF ACTION SEX DISCRIMINATION IN VIOLATION OF GOV°T CODE §§ 12921, 12926 (AGAINST NASTY GAL) 52. Plaintiff incorporates by this reference all the preceding and subsequent paragraphs. 53. Atall times relevant, Plaintiff was quolified for her position at Nasty Gal and performed her duties not only satisfactorily, but exceeded expectations. 54, Plaintiff informed Nasty Gal of her pregnancy within 8 weeks of finding out. Despite the facts that Plaintiff exceeded performance expectations, received high marks on her performance evaluations, and created a successful and profitable sales department from scratch, ‘Nasty Gal oddly decided to include Plaintiff in a layoff after finding out she was pregnant and ‘would need to take maternity leave. Plaintiff is informed and believes, and based thereon alleges, that Nasty Gal decided to terminate Plaintiff once she became pregnant. Nasty Gal’s decision to terminate Plaintiff constitutes disparate treatment based solely on the fact that Plaintiff is pregnant. 55. Nasty Gal’s discriminatory actions against Plaintiff, as alleged above, constitutes unlawful discrimination in employment in account of Plaintiff's pregnancy in violation of Government Code Sections 12921 and 12926. 56. Asa proximate result of the aforesaid acts of Nasty Gal, Plaintiff has lost, and will continue to lose, substantial earnings and fringe benefits and has suffered and/or will suffer other actual, consequential and incidental financial losses, in an amount to be proven at trial. 57. AS proximate result of the aforesaid acts of Nasty Gal, Plaintiff has become ‘mentally upset, physically distressed, embarrassed, humiliated and aggravated. As a result of the acts of retaliation, Plaintiff suffered harm to her reputation and claims general damages for such mental and physical distress and aggravation in a sum in excess of the jurisdictional minimum of this Court. “15. PLAINTIFF'S COMPLAINT FOR DAMAGES 16 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL 58. The actions alleged herein were taken by managing agents and/or officers of Defendant and/or ratified by managing agents and/or officers of Defendant, including Sophia Amoruso and Kimberly Hunt. In so doing, said managing agents and/or officers of Nasty Gal acted with oppression, fraud and malice, as those terms are used in California Civil Code section 3294, As such, Plaintiff is entitled to an award of punitive damages. 59. Government Code § 12965(b) permits the Court to award reasonable attorneys” fees to a Plaintiff that successfully pursues a FEHA claim. Plaintiff has and will continue to incur attorneys’ fees in the pursuit ofthis action. As such, Plaintiff is entitled to an award of reasonable attorneys” fees. SECOND CAUSE OF ACTION PREGNANCY DISCRIMINATION IN VIOLATION OF GOV'T CODE § 12940(A) (AGAINST NASTY GAL) 60. Plaintiff incorporates by this reference all the preceding and subsequent paragraphs 61. _Atall times relevant, Plaintiff was qualified for her position at Nasty Gal and performed her duties not only satisfactorily, but exceeded expectations. 62. Plaintiff informed Nasty Gal of her pregnancy within 8 weeks of finding out. Despite the facts that Plaintiff exceeded performance expectations, received high marks on her performance evaluations, and created a successful and profitable sales department from scratch, Nasty Gal oddly decided to include Plaintiff in a layoff after finding out she was pregnant and would need to take maternity leave. Plaintiff is informed and believes, and based thereon alleges, that Nasty Gal decided to terminate Plaintiff once she became pregnant. Nasty Gal’s decision to terminate Plaintiff constitutes disparate treatment based solely on the fact that Plaintiff is pregnant. Plaintiff s also informed and on that basis, alleges and believes, that Nasty Gal’s policy and practice with regard to reductions in force constitutes discrimination and has a disparate impact on pregnant employees and new parents. AS PLAINTIFF'S COMPLAINT FOR DAMAGES v 00/00/2014 10:23:30 FAX 2132499990 “ LEGAL e 63. Nasty Gal’s discriminatory actions against Plaintiff, as alleged above, constitutes unlawful discrimination in employment in account of Plaintiff's pregnancy in violation of, Government Code Section 12940(a). 64. Nasty Gal not provide Plaintiff with the appropriate notice after she inquired about pregnancy disability leave or reasonable accommodation in violation of 2 CCR § 11049(d). The document that Nasty Gal provided Plaintiff with (See Exhibit 4) fails to mention that both the California Family Right Act and Pregnancy Disability Law “guarantee reinstatement to the same or a comparable position at the end of the leave” or that even if an employee was not eligible for leave pursuant to the Family Medical Leave Act or California Family Rights Act, she would still be “entitled to take pregnancy disability leave (PDL) of up to four months.” The document provided to Plaintiff fails to mention that the Pregnancy Disability Leave Law still protects employees, such as Plaintiff, who had not worked with Nasty Gal “for at least 1 year & worked 1250 hours.” Nasty Gal also failed to inform Plaintiff of available comparable positions by means “reasonably calculated” to give her notice of such job openings in violation of 2 CCR § 11042(c)(2)(b). 65. Asa proximate result of the aforesaid acts of Nasty Gal, Plaintiff has lost, and will continue to lose, substantial earnings and fringe benefits and has suffered and/or will suffer other actual, consequential and incidental financial losses, in an amount to be proven at trial. 66. Asa proximate result of the aforesaid acts of Nasty Gal, Plaintiff has become ‘mentally upset, physically distressed, embarrassed, humiliated and aggravated. As a result of the acts of retaliation, Plaintiff suffered harm to her reputation and claims general damages for such ‘mental and physical distress and aggravation in a sum in excess of the jurisdictional minimum of this Court. 67. The actions alleged herein were taken by managing agents and/or officers of Nasty Gal and/or ratified by managing agents and/or officers of Nasty Gal, including Sophia Amoruso and Kimberly Hunt. In so doing, said managing agents and/or officers of Nasty Gal acted with oppression, fraud and malice, as those terms are used in California Civil Code section. 3294. As such, Plaintiff is entitled to an award of punitive damages. “7 PLAINTIFF'S COMPLAINT FOR DAMAGES 1B 00/00/2014 10 2 13 14 1s 16 7 18 19 On we gi RIS & 10:23:30 FAX 2132499990 ea LEGAL e 68. — Government Code § 12965(b) permits the Court to award reasonable attorneys? fees to a Plaintiff that successfully pursues a FEHA claim. Plaintiff has and will continue to incur attomeys’ fees in the pursuit of this action. As such, Plaintiff is entitled to an award of reasonable attomeys” fees. ‘THIRD CAUSE OF ACTION PREGNANCY DISCRIMINATION IN VIOLATION OF GOV'T CODE § 12945(a) (AGAINST NASTY GAL) 69. Plaintiff incorporates by this reference all the preceding and subsequent paragraphs 70. Atall times relevant, Nasty Gal was an employer that was subject to the Fair Employment and Housing Act, including California's Pregnancy Disability Leave Law, California Government Code § 12945(a). Nasty Gal employed Plaintiff from approximately February 2014 to October 2014. Plaintiff was qualified for her position at Nasty Gal and performed her duties not only satisfactorily, but exceeded expectations. 71. Nasty Gal could have easily provided Plaintiff with reasonable accommodations, such as providing her with pregnancy leave and reinstating her to her previous position (or a comparable position), 72. Plaintiff informed Nasty Gal of her pregnancy within 8 weeks of finding out. Despite the facts that Plaintiff exceeded performance expectations, received high marks on her performance evaluations, and created a successful and profitable sales department from scratch, Nasty Gal decided to terminate Plaintiff after finding out she was pregnant and would need to take maternity leave. Plaintiff is informed and believes, and based thereon alleges, that Nasty Gal decided to terminate Plaintiff after it discovered Plaintiff was pregnant and as a result thereof. 73. Nasty Gal’s discriminatory and retaliatory actions against Plaintiff, as alleged above, constitutes unlawful discrimination and retaliation in employment in account of Plaintiff's pregnancy in violation of the Fair Employment and Housing Act and California's Pregnancy Disability Leave Law. Nasty Gal could have reinstated Plaintiff into the same position or “18 PLAINTIFF'S COMPLAINT FOR DAMAGES 19 00/00/2014 10:23:30 FAX 2132499990 é ONW TEM LEGAL e 20 1 | provided Plaintiff with a comparable position. Instead, it chose to terminate Plaintiff on account 2 | of the fact that she was pregnant and scheduled to take leave as a result thereof. Nasty Gal failed 3 | to inform Plaintiff of available comparable positions by means “reasonably calculated” to give 4 | her notice of such job openings in violation of 2 CCR § 11042(c)(2)(b). 5 74. Asa proximate result of the aforesaid acts of Nasty Gal, Plaintiff has lost, and 6 | will continue to lose, substantial earings, monies spent on obtaining health insurance and other 7 || benefits she would have been entitled to, and fringe benefits and has suffered andor will suffer 8 } other actual, consequential and incidental financial losses, in an amount to be proven at trial 9 75. Asa proximate result of the aforesaid acts of Nasty Gal, Plaintiff has become 10 | mentally upset, physically distressed, embarrassed, humiliated and aggravated. As a result of the 11 } acts of retaliation, Plaintiff suffered harm to her reputation and claims general damages for such 12 || mental and physical distress and aggravation in a sum in excess of the jurisdictional minimum of 13 || this Court. 14 76. The actions alleged herein were taken by managing agents and/or officers of 15 |) Nasty Gal and/or ratified by managing agents and/or officers of Nasty Gal, including Sophia 16 | Amoruso and Kimberly Hunt. In so doing, said managing agents and/or officers of Nasty Gal 17 | acted with oppression, fraud and malice, as those terms are used in California Civil Code section, 18 |) 3294. As such, Plaintiff is entitled to an award of punitive damages. 19 77. Government Code § 12965(b) permits the Court to award reasonable attorneys’ 20 || fees to a Plaintiff that successfully pursues a FEHA claim. Plaintiff has and will continue to 21 | incur attomeys' fees in the pursuit of this action. As such, Plaintiffs entitled to an award of (22 || reasonable attomeys’ fees. 23 FOURTH CAUSE OF ACTION WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY (AGAINST NASTY GAL) 78. Plaintiff incorporates by this reference all preceding and subsequent paragraphs. te Atall times during her employment, Plaintiff performed her employment duties 28 || with the utmost diligence and competence. -19- PLAINTIFF’S COMPLAINT FOR DAMAGES 00/00/2014 10:23:30 FAX 2132499990 é (ONWIDE LEGAL e 2. 1 80. The decision to terminate Plaintiff was based, at least in substantial part, on: (a) 2 | Plaintiff's pregnancy; and (b) Plaintiff's request for a reasonable accommodation to take leave 3 || while she was pregnant and to take care of her new baby immediately after giving birth. 4 81. The actions of Nasty Gal as alleged herein constitute multiple violations (or were 5 || reasonably believed by Plaintiff in good faith to constitute multiple violations) of California and 6 || federal statutes, including: a * California Government Code Sections 12921, 12926, 12940(a), 8 12945(a)(prohibits discrimination based on pregnancy and reiated medical 9 conditions, including seeking reasonable accommodations); 10 * California Government Code Section 12940(m)(prohibits an employer from u failing to make a reasonable accommodation for the known physical disability of 2 an applicant or employee); B * 42 USC Section 2000(e), Pregnancy Discrimination Act (prohibits discrimination 4 based on pregnancy); 15 ©. California Constitution, Article I, Section 8 (prohibits discrimination against 16 employees on the basis of sex, including the basis of pregnancy, without 7 limitation, demoting an employee, reducing an employee's hours without consent 18 of the employee, reducing the salary of the employee without consent of the 19 ‘employee, or discharging any employee from employment); 20 ‘* Civil Code Section $1, Unruh Civil Rights Act (“All persons within the 21 jurisdiction of this state are free and equal, and no matter what their sex, race, 2 color, religion, ancestry, national origin, disability, or medical condition are B entitled to the full and equal accommodations, advantages, facilities, privileges, or m% services in all business establishments of every kind whatsoever.”); and 5 + Badih v. Myers, (1995) 36 Cal. App. 4th 1289, 1295 and its progeny. % 82, Asa direct and proximate result of the aforesaid acts of Nasty Gal, Plaintiff has 2A | ost, and wit continue to los, substantial eamings and fringe benefits and has suffered and/or 28 -20- PLAINTIFF'S COMPLAINT FOR DAMAGES 00/00/2014 10 12 2B 14 15 16 7 18 19 20 21 22 3 24 25 26 va 28 10:23:30 FAX 2132499990 ”" LEGAL will suffer other actual, consequential and incidental financial losses, in an amount to be proven at trial in excess of the jurisdictional minimum of this court. 83. Asa direct and proximate result of the aforesaid acts of Nasty Gal, Plaintiff was and is mentally upset, severely distressed (physically and mentally), embarrassed, humiliated and aggravated. As a result of the acts of retaliation, Plaintiff suffered harm to her reputation and claims general damages for such mental and physical distress and aggravation in a sum in excess of the jurisdictional minimum of this court 84. The actions alleged herein were taken by managing agents and/or officers of ‘Nasty Gal, including Sophia Amoruso and Kimberly Hunt, and/or ratified by managing agents and/or officers of Nasty Gal. In so doing, said managing agents and/or officers of Nasty Gal acted with oppression, fraud and malice, as those terms are used in California Civil Code section 3294. As such, Plaintiffs entitled to an award of punitive damages. 85. Plaintiffs entitled to attorneys’ fees and costs under California Code of Civil Procedure section 1021.5 because: (a) this action confers a significant benefit to the general public or a large class of persons impacted by the practices alleged herein; (b) the necessity and financial burden of private enforcement makes the award appropriate; and (c) such fees should not in the interest of justice be paid out of the recovery to Plaintiff. FIFTH CAUSE OF ACTION BREACH OF CONTRACT (AGAINST NASTY GAL) 86. Plaintiffs incorporate by reference all of the preceding and subsequent paragraphs. 87. Onor about August 28, 2014, Plaintiff and Nasty Gal entered into an oral contract ‘wherein Nasty Gal promised Plaintiff that she could continue working with Nasty Gal up until she gave birth (or was too uncomfortable to continue working) and that regardless of when she stopped working, she could continue to receive income and medical benefits until giving birth and Nasty Gal would pay for COBRA benefits one month after Plaintiff gave birth (hereinafter referred to as the “Contract”). Plaintiff continued employment with Nasty Gal up unti] October 3, 2014. 2 PLAINTIFF'S COMPLAINT FOR DAMAGES 22 00/00/2014 aes 10 n 12 13 4 15 16 17 18 19 20 21 oa 23 4 nas Se ar 28 10:23:30 FAX 2132499990 NATIONWIDE LEGAL 88. Atall times during the term of the aforementioned contract, Plaintiff performed pursuant to the terms of the Contract or such performance was excused. 89. On September 24, 2014, Ms. Whitman confirmed the Contract to provide Plaintiff with income and medical benefits until her due date of November 3, 2014 and an additional ‘month of medical coverage through COBRA. On September 24", Plaintiff and Ms. Whitman had the following online chat: ‘Ms. Whitman: I was thinking about what you said regarding disability, and it occurred to ‘me that maybe what Kim [Hunt] and Jamie [Koustas] ‘old you may not have been clear. Are you aware that you are going to be paid until your due date and that you will have medical coverage until one month after your baby is born? Plaintiff: Yeah ‘Ms. Whitman: And that’s regardless of whether or not you are here. Plaintiff; Ah ok. ‘Ms. Whitman: Did they not make that clear when they spoke to you? (See Printout of Online Chat Between Plaintiff and Ms. Whitman, attached hereto as Exhibit 5.) 90. Starting on approximately October of 2014, Nasty Gal materially breached the Contract by failing to adhere to the requirements and telling Plaintiff it would no longer provide the aforementioned income and benefits up until the date Plaintiff gave birth (and COBRA. benefits for one month thereafter) oO. As a direct and proximate result of Nasty Gal’s breach of the Contract as alleged herein, Plaintiff has suffered, and will continue to suffer, economic and compensatory damages in an amount to be ascertained at the time of trial. 22 PLAINTIFF'S COMPLAINT FOR DAMAGES 00/00/2014 10 12 13 14 16 7 18 19 20 21 22 3 Qa 25 36 27 28 10:23:30 FAX 2132499990 . LEGAL SIXTH CAUSE OF ACTION BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING (AGAINST NASTY GAL) 92. In every contract, including the aforementioned Contract between Plaintiff and Nasty Gal, there is an implied covenant of good faith and fair dealing by each party not to do anything which will deprive the other party of the benefits of the contract. 93. Starting in approximately October 2014, Nasty Gal breached the Contract’s implied covenant of good faith and fair dealing by retaliating against Plaintiff and telling Plaintiff that they will only perform the actions they promised to perform and which Plaintiff ‘was entitled to (i. continue to provide Plaintiff with income and medical benefits until birth and Nasty Gal would then pay for COBRA benefits one month until after Plaintiff gave birth) if Plaintiff signed a severance agreement and waived her legal rights. By demanding Plaintiff to give up her legal rights at the last minute, Plaintiff was deprived of the benefits she was entitled to under the terms of the Contract, Thus, Nasty Gal breached the Contract’s implied covenant of ‘good faith and fair dealing by making such a draconian demand on Plaintiff after she had already performed all of her requirements pursuant to the Contract. 94. Asa direct and proximate result of Nasty Gal’s breach of the Contract’s implied covenant as alleged herein, Plaintiff has suffered and will continue to suffer economic and compensatory damages in an amount to be ascertained at the time of trial SEVENTH CAUSE OF ACTION VIOLATION OF LABOR CODE §§ 970, 972 (AGAINST NASTY GAL) 95. Plaintiff incorporates by this reference all preceding and subsequent paragraphs. 96. California Labor Code section 970 mandates: “No person, or agent or officer thereof, directly or indirectly, shall influence, persuade, or engage any person to change from one place to another in this State or from any place outside to any place within the State, or from any place within the State to any place outside, for the purpose of working in any branch of labor, through or by means of knowingly false representations, whether spoken, written, or advertised 23 PLAINTIFF'S COMPLAINT FOR DAMAGES 24 00/00/2014 10 uw 12 13 4 15 16 7 19 20 22. 10:23:30 FAX 2132499990 NATIONWIDE LEGAL in printed form, concerning either: (a) The kind, character, or existence of such work; (b) The length of time such work will last, or the compensation therefor...” 97. In October and November of 2013, Plaintiff was recruited to work at Nasty Gal as “Buyer” for Nasty Gal’s upcoming “Home Goods” department.” 98. At that time and prior to working for Nasty Gal, Plaintiff resided and worked in Philadelphia, Pennsylvania. 99. During interviews with Nasty Gal, Plaintiff was assured by numerous individuals that the position was a stable position that would not be going away and that she would be part of building a long term department. 100. After multiple interviews and based on the above representations about the stability of the position, Plaintiff accepted the position on December 23, 2013 and moved from Pennsylvania to California to begin working for Nasty Gal on February 13, 2014, 101. Nasty Gal knew that these representations were false and Nasty Gal reneged on these promises only after Plaintiff moved to California from Pennsylvania. In reality, the Position was not stable and Nasty Gal had engaged in numerous reductions in force in the past. 102, In reliance on the representations and in ignorance of the falsity thereof, Plaintiff changed her place of residence by moving from Pennsylvania to California. 103, Nasty Gal used the misrepresentations to induce Plaintiff to change her employment, a result Nasty Gal could not have achieved truthfully. 104. In so doing, said managing agents and/or officers of Nasty Gal acted with oppression, fraud and malice, as those terms are used in California Civil Code section 3294. As such, Plaintiff is entitled to an award of punitive damages. 105. Asa direct and proximate result, Plaintiff has suffered, and will continue to suffer, economic and compensatory damages, including lost wages, lost benefits, and loss of promotional opportunity, in an amount to be ascertained at the time of trial. 106. Asa further proximate result, Plaintiff has suffered, and will continue to suffer, humiliation, mental, emotional, and physical distress, anxiety, and nervousness and has been generally damaged in an amount to be ascertained at the time of tral 24. PLAINTIFF'S COMPLAINT FOR DAMAGES 25 00/00/2014 gp gor w a % 28 10:23:30 FAX 2132499990 ~" LEGAL 107. Finally, pursuant to California Labor Code section 972, Plaintiff is entitled to “double damages resulting from such misrepresentations.” EIGHTH CAUSE OF ACTION VIOLATION OF LABOR CODE § 1198.5 (AGAINST NASTY GAL) 108. Plaintiff incorporates by this reference all preceding and subsequent paragraphs. 109. California Labor Code section 1198.5(c) requires that an employer shall “maintain a copy of each employee’s personnel records for a period of not less than three years after termination of employment.” Labor Code section 1198.5(c)(3)(A) requires that the employer provide a copy of the personnel record to a former employee upon request (“The employer shall do all of the following . ..With regard to former employees, make a former employee's personnel records available for inspection, and, if requested by the employee or his ‘or her representative, provide a copy thereof ...”). Pursuant to Labor Code section 1198.5(b), the employer must provide the personnel record within 30 days of the employee making a written request, unless otherwise agreed to (“The employer shalll make the contents of those personnel records available for inspection to the current or former employee, or his or her Tepresentative, at reasonable intervals and at reasonable times, buf not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her representative.”) (Emphasis added). 110. Here, Plaintiff requested a copy of her personnel record in writing on October 3, 2014 and asked that it be either mailed or emailed to her. Although Nasty Gal noted that Plaintiff made this written request, it has been over 35 days and Nasty Gal continues to refuse to provide a copy of Plaintiff's personnel record to Plaintiff. Plaintiff and Nasty Gal did not come to an agreement whereby Nasty Gal could provide Plaintiff with a copy of her personnel record beyond 30 days after Plaintiff made her written request October 3, 2014. 111. In Plaintiff's October 3, 2014 email, Plaintiff also requested a copy of her personnel file. (See Exhibit 9.) In reply, Ms. Hunt stated “Your request for a copy of your -25- PLAINTIFF'S COMPLAINT FOR DAMAGES 26 00/00/2014 u R 13 4 15 16 7 18 19 20 2 @ is m & By 28 10:23:30 FAX 2132499990 NATIONWIDE LEGAL personnel file is noted. It will be sent to the address you provided within 30 days [by October 31, 2014].” (See Exhibit 9.) 112. On November 4, 2014, 32 days after she had requested a copy of her personnel file, Plaintiff had still not received a copy of her personnel file, By then, Plaintiff had given birth to her daughter but Nasty Gal failed to process her registration with COBRA for Plaintiff to obtain health benefits. Therefore, Plaintiff sent Ms. Hunt and Ms. Meza an email asking about the status of her COBRA registration and stated, “I asked for my personnel file on October 3rd and have yet to receive it. Can you please give me an update on that? Has it been sent to me? If ‘not, can you please send it to me?” (See Plaintiff's November 4, 2014 Email Exchange with Kimberly Hunt and Evelyn Meza, attached hereto as Exhibit 10.) Ms. Meza replied back the following day that she would provide her with an update as to the status of her COBRA benefits but ignored Plaintiff's request for her personnel file. 113, As of November 11, 2014, 39 days after making a written request, Nasty Gal has still refused to provide Plaintiff with a copy of her personnel file. 114, In so doing, said managing agents and/or officers of Nasty Gal acted with oppression, fraud and malice, as those terms are used in California Civil Code section 3294. As such, Plaintiff is entitled to an award of punitive damages. 115, Asa direct and proximate result, Plaintiff has suffered, and will continue to suffer, economic and compensatory damages, including lost wages, lost benefits, and loss of promotional opportunity, in an amount to be ascertained at the time of trial. 116. Asa further proximate result, Plaintiff has suffered, and will continue to suffer, humiliation, mental, emotional, and physical distress, anxiety, and nervousness and has been generally damaged in an amount to be ascertained at the time of trial 117, Pursuant to Labor Code section 1198.5(k), Plaintiff is entitled to recover a statutory penalty of $750 from Nasty Gal. Moreover, a violation of Labor Code section 1198.5 constitutes an infraction. -26- PLAINTIFF'S COMPLAINT FOR DAMAGES 21 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL 118. Plaintiffs hereby seeking injunctive relief pursuant to Labor Code section 1198.5(\) to obtain compliance with Labor Code section 1198.5. As such, Plaintiffs entitled to recover or “costs and reasonable attomey’s fees.” NINTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. (AGAINST NASTY GAL) 119. Plaintiff incorporates by this reference all preceding and subsequent paragraphs. 120. Nasty Gal’s termination of Plaintiff because of her pregnancy were extreme and outrageous acts and taken with the intention of causing Plaintiff extreme emotional distress, humiliation, embarrassment and mental anguish. Such conduct exceeded the inherent risks of employment and was not the sort of conduct normally expected to occur in the workplace. 121. Asa result of those extreme and outrageous acts, Plaintiff has suffered extreme emotional distress and incurred damages as a result said emotional distress in an amount to be proved at the time of trial. 122, The actions alleged herein were taken by managing agents and/or officers of Nasty Gal and/or ratified by managing agents and/or officers of Nasty Gal, including Sophia Amoruso and Kimberly Hunt. In so doing, said managing agents and/or officers of Nasty Gal acted with oppression, fraud and malice, as those terms are used in California Civil Code section 3294. As such, Plaintiff is entitled to an award of punitive damages. JURY TRIAL DEMANDED 123. Plaintiff demands a jury as to all causes of action, PRAYER FOR RELIEF 124. WHEREFORE, Plaintiff prays judgment against Defendant as follows: a. For general economic and non-economic damages according to proof; b. For special damages according to proof; ¢. For punitive damages where allowed by law; 21 PLAINTIFF'S COMPLAINT FOR DAMAGES 28 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL 29 1 4. For prejudgment interest pursuant to California Civil Code section 3287 2 and/or California Civil Code section 3288 and/or any other provision of law 3 providing for prejudgment interest; 4 ©. For attomeys’ fees where allowed by law; 5 £ For injunctive relief; 6 8. For costs of suit incurred herein; and 7 h. For such other and further relief as this Court deems just and proper. 8 9 Respectfully submitted, i THE MATHEWS LAW GROUP Mn 12 | Dated: March 9, 2015 Cx 1B By. : ‘ Charles T. Mathews Attomeys for Plaintiff, 1s ‘AIMEE CONCEPCION 16 ” 18 19 20 % a B % % 28 28. PLAINTIFF'S COMPLAINT FOR DAMAGES .at 00/00/2014 9 Be a Toc 10:23:30 FAX 2132499990 NATIONWIDE LEGAL EXHIBIT 1 30 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL /MAs1y Gh December, 20% ‘Anno Marie Concepcion ‘mee cancopienSgrocom 4rr555 Dacor ines, (On behalf Nery Gol ne. Lam pleted to ofr yeu hltine employment oto Bier, Home Gao |nconsidrng ou fer, plas ake no account th fl package ef anpentaton and bans thaw be ovale to you Tha foo 2 biel ummon speci ft ofl seb We Soperioe Sion Dote Aan Base Seay oo Bom Ralacoton nue Vacation sed Pan Insurance Banas fe Hae Goods Chana ere Brn Distr hols USO $9,000 pid billy ‘Anne bonus of opto af your Anno! Bors Slay, whch’sdeerine bose upon yor achievement findl gels andthe Company's chevoment fi rani objects, ach of wich be eighted ond daterine by tho Company ns dustin. Your bose eolevotad prota boed upon ar st dat ithe Foal er and is aubject chong ot any Une by the Company. [Nosy Gal wl provide a location reimbureient pologe of pt 8.00, You mus wi cite for qualiid mow eens. Unde the IS guidlines, qailed morn expanies are: Moving of ‘your housoold goods & parol ele, mowing company, moving ck. bows, ond pacing ‘tel, ond vovelng to your now hone ing lodging ond mage, tot cl). yu cee nylon clowarns ean rbmanents edo pomats aay elton pe wich eds oy cnt inl by he Company and ou ln nc rk aoe hoc mich ou dona um ihn en ur cya hata at loot dbl you on oe. ‘en cmp you mu ind Be baton ovo ccten hrs ated ts pots ‘de nal he Conpey was on orth a bce dae fear spt on eng ‘scot floig cd ‘008 ethene aon dao haar 12 doys cece omc, sublet te Campane masinsmosenal cops Retrment pon wh upto 6% dle dalor matching by Nesty Gal, bie to ay 2p8raquted by aw (ge song onthe fist poy pve ley 0 dye of employe). (etl staring on af at lh mont oa 0d topes. + Medal nonce * Dental surance + Vision aranee CCommuterveucher lon Alou for puchowe of comm Klts wih px ecings 31 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL 32 Page 2 Fesble Sponing Plan ‘Now fase beltha ond dopendet or costs obs ibd wih peo args pf. mua for medal enpeses or ,000 oul or dopendant cae (bjt taxing sts). Th centred by rd sb th Compan bee pon) Enmplye Dzoont A dicot of Nosy Gal pce sb orobl a enles nha ty of npayn. Th dicots on tontrbl ond only erthed portat Porky odin be oi fob Ie Conpanyin then of ony poo pases featy 10.000 stock opts, subj sth pron tte Conga Board Disclosed below Lecaton Los rg. CA ‘Subj tthe approve the Compan’ Board of Disetos as nxtsceded mating ofowng your tot dt, you i be rota 000 tec opons nthe Cespany The ere pte ond vocg ems shal be os sete nou Stok Option Aoenent ad ony abe laed documents tht the Company wl preide te you ctr the grant oth aac pts nted above, Such sock options ee able! athe ene cf the Companys sre Equtyinont Pon er ny suze plan) kor which he anced i made, your Stok Option Agreement od ony che elted documents provided bythe Coapny (On your fs ay of wok, nem fv documents wl be competed omit ony dla In procesing your pochack. a accordone th Fader lam, yu il be ested to prove docmartaten to Human Resources win 72 hou of our commencement of employment verfng you ployment ogi. Adzitonaly, you maybe requtedagnadaltavaldeeuers provide by th Company. Nosy atic on ail amployr, wich mans you re oo to trina your employment at ay tine wth rie owoton end ath or thou noice, Lease, Nosy Gl has the ght otro your engleymet ot ony ne wir wiheut eaten, and wth what note Further, th etre oy fr your fomaton andi nat tbe ltondd or contued oto cont of employment. ‘Ths fet contingol upon eel fstsfocion relerncts,borkgund check. degree vrai (os deternnad by he Compony Haron Roseucas Deparmen), ond denanataton a yor legl igh to work nth United Sots, Plate nays of our deco win thro) business doy fom the dle fh fe, thio wlb au ond wld you hoe ony ‘quests cbt hs fomaton, peat conte Is Hons at won ax peebe a e543 6S. {wi be lado clucss on ofthe above wh you 0 pleas col met you hoe ony quastns lek foward te ourrexpone ond hong you [onus Next Gall Best Reged, ° s nb Hot (Che Poop & Ctr Of, Nosty Gl Acceptance {hve rood ond unersond he tons fh fer, ond ave bean odd by counsel of my chee coounog the same, ond ace and zante the tems ond provisions vt oh haan, a noe cep to at stat 00/00/2014 10:23:30 FAX 2132499990 eae LEGAL EXHIBIT 2 33 00/00/2014 10:23:30 FAX 2132499990 ~“ LEGAL e EMPLOYEE PERFORMANCE REVIEW ~ 80 DAY INTRODUCTORY PERIOD bana EnmLOvETENPLATE Masry G Ad i — a [PART oN — CURING THE FIRST 30 DAYS OF ENPLOVHIENT, MANAGER & EMPLOYEE SHOULD COLLABORATE TO ESTABLISH THE FOLLOWING DURING |weekLy TouciBases: 1. $900AY BPECTATIONS- UST HERE IW BALETED FORM '© Book an on-brand, curated asscetaant of styles for the Launch of one (© Work with planning to soplemant correct bay plane, price adfustnants, and ce-ordar love (© Malyze weohly and monthly busines Work exons tuncticnsily with the studio and marketing to make aure product 4s belng represented tn the best Bones © rack receipts and unopld inventory. Action accordingly. 2 REVIEW BUSINESS/DEPRTHENT GOALS RELEVINT FOR CONPLETING THE HOMVIOUAL GOAL SETTING FORM ~ 10 BE COMPETED BYTHE BID OF 90 ws |. GTENETS OF "OUR ILOSOPHY™ - DISCUSS EXAMPLES WITHIN THE ORGANIZATION AND YOUR DEPRRTHERT {LTO — UPON 90 DAYS, EMPLOYEE SHOULD COMPLETE SELF ASSESSMENT AND RETURN TO MANAGER FOR COMPLETION OF INTRODUCTORY [PERIOD REVIEW. FINALTZE AND ATTACH COMPLETED GOAL SETTING FORM: fsmnuanimmitene <_ SETTING FoR veTTH YOUR MANAGER? {es ore Hf no, why not? Atach | . a ae En et cart er gan Darna] ls have tnt bon dot ou te Ut hes nrc est herrea a to rach er persona eS 00/00/2014 D0 YOU DEMONSTRATE 10:23:30 FAX 2132499990 I fol derensinte he arcs fcr posh. CHARACTERISTICS OF OUR Jy tet buy produc tat rele tote bend PHILOSOPHY"? our cere nee fs. Thave wc ad ‘nie tenets ar your strensths? eaves be es ni tenet ar our sven” [ing sung ets wh vers ana hove Need ‘pon? | wt ter deparoents win Hast ov LEGAL ® : egret ram sath which roe a, aS sen tothe canis hep Aes abo ay rds wondecl at calaborsig whe ates nthe fo, se cous oreo reach Ot he ber She aici a eat apt ith ber venors cere on th th samen moo te Rasy vce tte able. wouter tobe a BR Pt xis and engaged the cco send [Pere tone sate 00/00/2014 10:23:30 2132499990 " LEGAL [cree two ota eget [eae pow enoris, yan ee sie Va oad ena, PUSS | wou srasner rag CorON ATT aac keene types. I ned ta os on cesta ver astrent TO FOCUS On? {°* Product and improving fnancal metrics for my ett string tsar, you conf ht you have ise ths eve n etl wit your superego does rok nace hat you gree sean, 36 gtatrat 00/00/2014 10:23:30 FAK 2132499990 cv LEGAL EXHIBIT 3 x” 00/00/2014 10:23:30 FAX 2132499990 NASTY GAL Mail - Maternity Benefits " LEGAL g [Mast Git fen ie inns coe Maternity Benefits 4 messages ‘Aimee Concepcion Thu, Apr 24, 2014 at 3:43 PM To: Kathleen Pearse H kathleen, | hope allis weil. | just let my team know that | am expecting a baby later this year. | wanted to know if we could ‘meet to discuss what the company (and government) policies are for maternity leave. Let me know if we can set up atime to go over everything. Thanks! Aimee ‘Nee Concepcion Buyer - Home Goods Nasty Gal is Hiring Masty Gat 523 W. 6th Steet, Suite 330 Los Angeles, CA 90014 Office 219.542.9496 x 467| Fax 213.542.5276 Subscribe | Twitter | Facebook | Instagram Kathleen Pearse ‘Thu, Apr 24, 2014 at 4:02 PM ‘To: Aimee Concepcion OMG! Congratulations!! If you're comfortable, | can set you up with Evelyn who handles all of our maternity leave. If not, I'm totally happy to sit down and go over the basics of leave with you, Just let me know, Thanks, Kathleen From: Aimee Concepcion [mailto:aimee.concepclon@shopnastygal.com] Sent: Thursday, April 24, 2014 3:44 PM ‘To: Kathleen Pearse Subject: Matemity Benefits (uted etre) hnps://mal. google.com L/Pui=28ik=T8d0a6424ERview=ptdeg=kat 38 9723/2014 9:54 PM 00/00/2014 10:23:30 FAX 2132499990 oi LEGAL @ 39 NASTY GAL Mail - Maternity Benefits ‘ntps/fmal google. com/ail/w 1 2ui=2&ik=7 8d0a6424KEevieweptiqtat 20f2 ‘Aimee Concepcion Thu, Apr 24, 2014 at 4:06 PM ‘To: Kathleen Pearse Yes that's fine. | can meet with Evelyn, Thank you! ‘Aimee Concepcion Buyer Home Goods Nasty Gal is Hiring Masy Git 523 W. 6th Street, Sute 330, Los Angeles, CA 90014 fice 213.542,3436 x 467 | Fax 213.542.5276 Subscribe | Twiter | Facebook | nstagram (veto oho Kathleen Pearse Thu, Apr 24, 2014 at 4:07 PM ‘To: Aimee Concepcion Ok, I'llhhave her reach out to you to set up some time. From: Aimee Concepcion [mailto:aimee.concepcion@shopnastygal.com) Sent: Thursday, April 24, 2014 4: To: Kathleen Pearse ‘Subject: Re: Matemity Benefits (wied wa ier) 9723/2014 9:54 PM £o ote Stoze 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL EXHIBIT 4 40 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL 41 ty } 4 Maternity Leave Made Easy : CA Associates $4. Ifyou have been employed for ot least + yeor & worked ra50 hours, you ore eligible fr Family Medical Leove Act : (FMLA), which sre weeks of ob protected leave running concurently with Pregnancy Discbilty Leave (PDL) : 2. Complete the following forms and send to the People & Culture Teom S + Request for Leave of Absence Form + Certification of Health Core Provider for Pregnancy Disability Leave ‘© Continuance of Benelits Coverage Form = 3: Provide the Human Resources Department with o doctor's note once your doctor is awore ofthe effective date of your = leave, You may fox or email this note to: benefits@nastyaal.com or Fax: 213.402.6046, *Note-your + week out is unpaid. You can notiy P&C if you would ike to use ovailable vacotion and/or sick hours or = if you prefer to remoin unpaid. 4. You will eceive a designotion form confirming the time you wil be out of work 5+ You will receive 100% of your wages (with State Disoblty and Nosty Gal) while out on disability due to pregnancy up to 6 weeks. You will need to opply through wwu.edd.co.gov, no earlier than 9 days prior to your discbily, *Note- You will need to apply forthe Stote Disabiliy in order for Nasty Gal to pay for disability; the state will poy you approx. 55% of your woges. 6 Once your baby is born, please notify the People & Culture Team ot 213-542-3436 Ext 347 or by emoil si com “Note-this will trigger the supplemental maternity leave pay. 77. Should you wish to add your baby to your heath benefits, you have 30 dys from the dete of your baby’s birth to do £0, Please call the benefits center at (1) 855-678-9425. You must also send a copy of the bith certificate or bith record tothe benefits center ct nastyaal@voubenefitsmanoaer.com 3 8 *Optional* Once your disability is ver, you might be eligible for 2 weeks of boby bonding time under California: zm Fomily Rights Act (CFRA). Nosty Gal wll poy upto 4 weeks of baby bonding (the state wll poy approx. 55% ofyour wages) for 6 ofthe 12 weeks through Paid Family Leave (PFL). Goto wwwedd ca.gov to apply. You may apply > © days prior to the stort of your baby bonding time £2 Note: You will ned to apply for boby bonding leave (once eligible) in order for Nosty Gol to poy for baby bonding; {© the stote wil poy you approx, 55% of your wages. ‘79 HRwill be in touch with you when your boby bonding time is obout to end to arrange your cetutn to work “Note- You can request to utilize your accrued vacation time to be poid to you for the remaining weeks. Please contact P&C if you wish to do so, SARA 00/00/2014 10:23:30 FAX 2132499990 an LEGAL EXHIBIT 5 42 00/00/2014 10:23:30 FAK 2132499990 NATIONWIDE LEGAL 43 tareorzo14 Nasty Gal Lays Of Mech and PR Statler - nligonce - Racked National OPEC aw Sry TCE Nasty Gal Lays Off Tech and PR Staffers Tusscy, Sepebor 2,201, by Ena Adon nage in Nasty Gal Retailer and #Gitboss aficonado Nasty Gal just id off over 20 employees ist week and aocoring to WD , this hasnt been the st ‘ound of aol his year. Backin February the company cutout a smaller ‘umber of job, but combined, the layos acount for 210% total staff cut in 2014. (Athe end of 2013, Nasty Gal employed about 280 people) "We made some changes yesterday inorder o stategieally reorganize the ‘business to tou vision of the future,” Sophia Amoruso, founder, CEO, and creative dector ofthe company tld WWD lst Fay. According to the reper, the eats primarly fected Nasty Gars technology team and its PR team, a he ‘empany i tranlloning PR coverage out agencies raher han an in-house Cayotts of Over 20 Hit Nasty Gal WD] "Napty Gal Is Handing Out Money to Fut Git Bostes [Racked] f#SIRLBOSS Doesnt Otfer Much Adve for Gis or Boseoe [Racked] ‘Gugss Will Coso 50 Nor American Stores This Year [Racked] Iitpurackod.confarchves/20'SI09/02inasty galayos php 1 8 ster 00/00/2014 10:23:30 FAX 2132499990 ce" LEGAL EXHIBIT 6 44 00/00/2014 NASTY GAL Mail - Hangout with Camilla Zecchetto ® w 1of2 10:23:30 FAK 2132499990 NATIONWIDE LEGAL Mest) Git Aimee Concepcion calee.concepeion@shopnastyalcom> Hangout with Camilla Zecchetto September 24, 2014 Camilla Zecchetto - 1:31 PM hil ‘Aimee Concepcion - 1:32 PM ti Camilla Zecchetto - 1:32 PM | was thinking about what you said regarding disabiliy, and it occured to me that maybe what Kim and Jamie told you ‘may not have been clear. Ate you aware that you are going to be paid until your due date and that you will have ‘medical coverage until one morth after your baby is born? ‘Aimee Concepcion - 1:33 Pa yeah Camilla Zecchetto - 1:33 PM ‘and that's regardless of whether or not you are here: ‘Aimee Concepcion - 1:3 Pi ah ok Camilla Zecchetto - 1:34 PM sid they not make that clear when they spoke to you? i wish i was therel i am so confused ‘Aimee Concepcion - 1:34 Pu ‘ami not allowed to file for disabiity it am also stil getting paid? Camilla Zecchetto - 1:34 PM right ‘Aimee Concepcion - 1:34 PM ah ok Camilla Zecchetto - 1:35 PM that's why i kept asking if the reason you wanted to cortinue was really to see the product thing through ‘Aimee Concepcion - 1:35 PM yeah. iwant to wrap up holiday. Camilla Zecchetto - 1:36 PM ok cool! ‘Aimee Concepcion - 1:25 PM ‘and j also want to be here forthe last style out 45 |inps//mail google.com mail /2ui=28ik=T8d0a642478 view=pidseare. 9724/2014 7:23 PM 00/00/2014 20f2 10:23:30 FAX 2132499990 [NASTY GAL Mail - Hangout with Canilla Zeceheto Camilla Zecchetto - 135 Px {realy just wanted to make sure you had all the info ‘Aimee Concepcion - 1:26 PM which im trying to move up on the calendar Camilla Zecchetto - 1:26 PM People can be really bad communicators around here NATIONWIDE LEGAL hips://mail. google com/mil/w/l/?ui=2éeik=T8dDa6424¢& viewsptdsearc. 9/24720147:23 PM 46 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL EXHIBIT 7 a7 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL 48 NASTY GAL Mail - My last day ‘ntps://ail google com/iail/ /?ui=28i a loft [Masy Gt einen ie into My last day 1 message ‘Aimee Concepcion ee PM To: Camila Whitman , Jamie Koustas , Kim Hunt < Since | have been feeling more and more uncomfortable dus to the pregnancy, | can have my last day be Friday October 3rd. 1 am sad to be leaving but am thanklul you kept me on for a few weeks after the layoff. | wanted to especially hark Camilla, Jamie and Kim for trying to get an exception for me so that | could have pregnancy leave and come back in a few months. | wishit had worked out and will miss this opporturity. I loved my time at Nasty Gal and will miss everyone | worked with, Based on my work and exceeding targets, | hope ! wil receive positive recommendations and would appreciate any referrals for work you may come by. I will work with Camila over the ext week to transition my responsibilities to her. Lastly, can you please also provide me with confirmation that Nasty Gal wil continue to pay my salary and my health insurance until | give birth and will pay for one month of my) COBRA after | give birth? My due date is November 3rd. Thanks! Aimee ‘Aimee Concepcion Buyer- Home Goods Nasty Gal is Hiring 523 W. 6th Street, Suite 330 Los Angeles, CA 90014 Office 213.542 3496 x 467| Fax 219.542.5276 Subscribe | Twitter | Facebook | Instagram 9724/2014 8:38 PM. so/o0y20x4 30:23:30 em 2132455990 wa @Ypn0e cas a ° EXHIBIT 8 00/00/2014 10:23:30 FAX 2132499990 wa Qe LEGAL 50 ‘SEPARATION AGREEMENT AND GENERAL RELEASE ‘THIS SEPARATION AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS (“Agreement”) is entered into by and between Aimee Concepeion (“Employee”), on the one hand, and ‘Nasty Gal Inc. (“the Company”), on the other hand. WHEREAS, Employee is curently employed at-will by Company as Buyer, Home Goods; WHEREAS, Employee and the Company have mutually agreed to terminate the employment relationship in accordance with the terms set forth herein, and WHEREAS, Employee and the Company have decided to resolve fully and finally any and all claims that Employee may have arising from the employment relationship as set forth herein; NOW THEREFORE, in consideration of the covenants and promises contained herein and conditioned upon Employee executing and returning to the Company this Agreement, Employee and the ‘Company agree as follows: 1. Termination of Employment Relationship: Employee's employment with Company terminated effective as of the close of business on October 3, 2014 (“Separation Date”). Except as expressly set forth in paragraph 2, below, Employee acknowledges and agrees that no additional payments or benefits of any kind shall be made to him or her in consideration for entering into this Agreement. Employee acknowledges and agrees that he or she has been paid all wages, accrued vacation, and any other ‘type of compensation earned, accrued or owed to him or her as of the close of business on the Separation Date and that no other monies, payments or benefits of any kind shal be pad to or are owed to him or her. ‘Employee acknowledges aad agrees that he or she has been reimbursed forall business expenses necessarily incurred as a result of his or her employment with the Company. 2. Consideration: In consideration of the covenants undertaken and releases given hereio, ‘within 15 days after Employee signs and retums this Agreement to the Company, the Compeny will provide to Employee the following: & A lump suov of $6923.07 as severance pay, minus all applicable payroll dedvctions, \ taxes and withholdings. i b, Provided that Employee elects to continue bis or her current group health insurance ‘ ‘coverage pursuant to the federal COBRA law, the Company will pay Employee’s COBRA premium for the month of October, November and December 2014, Thereafter Employee may continue these health benefits, at his or her sole expense, in accordance with COBRA. eS ©. Company will not contest any claim Employee may make for unemployment w insurance benefits for which Employee may be eligible. B 3. Release and Discharge of Claims: In consideration of the covenants undertaken herein by the Company, and to the fullest extent permitted by law, Employee hereby covenants not fo sue and fully releases and discharges the Company, all of ts divisions, and all of its related, successor, predecessor-in-interest, subsidiary and afliated companies and entities, and each of their respective officers, director, shareholders, partners, limited partners, agents, employees, representatives, independent contractors, payroll companies, atomeys, insurers, Ticensees and assigns, past, present and future (all of which and’ whom are collectively refered to as "Releasces"), with respect to and from, any and all claims, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, expenses, tlorneys” fees, damages, 4 00/00/2014 10:23:30 FAX 2132499990 ug LEGAL judgments, orders and liabilities of whatever kind or nature in lave, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which Employee now owns or holds, or previously owned or held, or may in the future hold, against said Releasees, of any of them, atising out of, rounded upon, of in any way connected with Employee’s employment relationship with the Company, the termination ofthat employment, or any other transactions, occurrences, aots, omissions, loses, damages or injuries whatsoever, known or unknown, suspected or unsuspected, resulting from any act or ‘omission by or on the part of the Reieasees, or any of them, committed or omitted prior to the date Employee signs this Agreement ("Claim or Claims"), Employee’s release of any such Claim or Claims include, bit is ‘ot limited to, those arising under any foreign, federl, state or local constitution, statute, ordinance, regulation, or common law, including, but not limited to, those arising under Title VI of the Civil Rights Act, the Americans With Disabilities Act; the Pamily and Medical Leave Act; the Employee Retirement Income Security Act; the California Fair Employment and Housing Act; the California Family Rights Act, the California Labor Code; the California Government Code; the Orders of the California Industrial Welfare Commission regulating wages, hours, ad working conditions, any other foreign, fedeal, state or local law prohibiting employment discrimination or otherwise regulating employment; any Claim or Claims for discrimination, failure to prevent discrimination, retaliation, failure to prevent retaliation, harassment, failure {to provent harassment, misrepresentation, fraud, invasion of privacy, breach of contract, breach of impl contract, wrongful or constructive discharge, breach ofthe covenant of good faith and fair dealin, negligent or intentional infliction of emotional distress, violation of public policy, negligence, or intecference with business opportunity or with contracts, provided, however, that this release shall not affect any right or claim that may not be waived as a matter of lave. b. As patt of the general release of claims herein, and not by way of limitation, ‘Employee expressly waives all of his or her rights under Seotion 1542 of the California Civil Code or any similar law of any other jurisdiction. California Civil Code Section 1542 states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Employee understands and agrees that he or she may hereafter discover elaims or facts in addition to or Afferent from those which he oF she now knows or believes tobe true with respect tothe subject mater of this Agreement, bu that itis nevertheless Employee's intention by signing this Agreement to fully, finally and forever release any and all claims, whether now known or unknown, suspected oF unsuspected, which now exist, may exist, or previously have existed asset forth herein, 4. Retum of Company Property: Employee represents and agrees that, prior to signing this Agreement, be or she has returned to the Company any and all Company property in his or her possession, custody or control, or in the possession, custody or control of his or her agents or Tepresentatives, including, but not limited to all originals and all copies (including electronic copies) of all Company documents, files, contact lists, contracts and other Company materials concerning the Company and/or its customers, vendors, agents, employees and/or representatives, including, but not limited to, those concerning business plans, finances, technology, processes, marketing and methods of operation. 5. NoAssienment of Claims: Employee represents and agrees that be or she has not assigned or transferred any Claim or Claims against the Company, or any ofthe Releasees, or any portion thereof or interest therein, and agrees to indemnify, defend and hold harmless the Company and the Releasees against any and all Claim or Claims based upon, arising out of or in connection with, any such ‘transfer or assignment of any such Claim or Claims or any portion thereof or interest therein. This Agreement and all of its terms shall be binding upon Employee's heirs, estate, personal representatives, executors and administrators, 51 1 | 00/00/2014 £0 B 10:23:30 FAX 2132499990 Qe: LEGAL 6. No Claims or Legal Actions Filed: Employee represents that he or she has not fled or initiated any complaint, lawsuit, charge and/or other proceeding against the Company, or any Releasee, on behalf of Employee or as a reproseatative of any class of group, with any court or government agency or entity, based upon or arising out of or in any way related to any Claim or Claims released herein, Employee further represents that he or she will notin the future sook or be entitled to any personal revovery from the Company or any ofthe Releasees, based upon or arising out of or in any way related to aay Claim or Claims released herein, 7. Confidentiality/Inventions: 4, Employee agrees that the terms and conditions of this Agreement shall remain confidential and he or she shall not disclose thems to any other person or entity inckuding any former, current or prospective employees of Releasees, other than (i) his or her legal and financial advisors or members of his or her immediate family, provided that such persons have been advised of this confidentiality provision and have agree to abide by it, or (i) as required by law. Without limiting the generality of the foregoing, Employee will not respond to or in any way participate in or contribute to any public discussion, notice or ‘other publicity concerning, or in any way relating to, execution of this Agreement or the events (including ‘any negotiations) which ed to its execution b. __Bmployée acknowledges he or she signed an At-will, Confidential Information and Inventions Agreement (“Confidentiality Agreement”) and a Non Disclosure Agreement (NDA) withthe ‘Company, the terms ofeach which remain in full force and effect. © __Employee agrees that should he or she receive, at any time, any inquiry or service of process seeking confidential information as described inthis paragraph 7 or the Confidentiality Agreement or NDA, he or she shall aotfy Nasty Gal Human Resourees within five (5) business days and will cooperate wit the Company with respect to any such inquisies or service of process. Employee ‘understands and egrees that this Paragraph 7 isa material provision of this Agreement and that any breach of this Paragraph 7 shal be a material breach of this Agreement. 8. Non-Solictation of Current Employees, Employee covenants and agrees fora period of twelve (12) months from the date of this Agreement that he or she will not, directly or indirectly, on his or hor ovm behalf, or on behalf of or in conjunction with any person or legal entity, recruit, solicit or induce, or attempt to recruit, solicitor induce, any employee of the Company with whom the Employee had personal contactor supervised while performing his or her job duties, to terminate their employment relationship with the Company. 9. No Admission of Liability: This Agreement shall not in any way be construed as an admission thatthe Company or any of the Releasees have acted wrongfully or failed to act lawfully with respect to Employee or any other person, or that Employee has any rights whatsoever against the Company or any of the Releasees, The Company specifically disclaims any lability to or wrongful acts ‘or omissions against Employee or any other person, on the part of itself, its employees and agents, past and present, and the Releasees, Neither this Agreement nor anything in it shall be admissible in any proceeding as evidence of any ualawful ot wrongful eonduct by the Company, or any of the Releases. 10. Severability: Should any part, term or provision of this Agreement be declared ot determined by any Court or other tribunal of appropriate jurisdiction to be invalid or unenforceable, any such invalid or unenforceable part, term or provision shall be deemed stricken and severed ftom this Agreement and any and all of the other terms of the Agreement shall remain in full force and effect o the fullest extent permitted by law. ‘The releases contained in Paragraph 3 are of the essence of this Agreement and should Employeo take any action to have any of these releases deemed to be invalid or 3 52 j 4 00/00/2014 © 10:23:30 FAX 2132499990 ug LEGAL unenforceable, Employee shall be in beach of this Agreement, and the Company, in its sole diseretion, ‘may declare this Agreement to be aull and void and any and all consideration paid to Employee shall be returned to the Company. 11, Non-disparagement: Employee werranis, represents and agrees that he or she shall not rake any statement or take any action, directly or indirectly, that disparages the Company, its business, products, services, or employees or otherwise harms the business interests or good will ofthe Company. 12, Enforcement of this Agreement: This Agreement shall be governed and construed in accordance with the laws of the Stale of California applicable to contracts entered into and fully performed in California, without regard to principles of conflict of Jaws. Any and all claims or controversies whatsoever brought by either Employee or Company arising out of oF relating to this Agreement or Employee's employment with Company shall be settled by final and binding arbitration in Los Angeles, California in accordance with the Company's Arbitration Policy (from the Company's Employee Handbook) and the Acknowledgement and Agreement Form signed by you atthe start of your employment (together, the “Arbitration Agreement”, the terms of which remain in full force and effect. 13. Entire Agreement: This Agreement, including the Confidentiality Agreement, contains the full and complete understanding and agreement between Employee and the Company with respect to. the within subject matter; supersedes all other agreements between Employea and the Company, if any, ‘whether written or oral; and may not be modified or amended except by a written instrument executed by both parties hereto. This is an integrated document, 14. Counterpart Execution and Use of Photocopies: This Agreement may be executed in counterparts, and each counterpart, when executed, shall have th efficacy of a signed original. Photographic copies of such signed counterparts may be used in eu of the originals for any purpose, 15. Effect of Waiver of Breach: No waiver of any breach of any term or provision of this ‘Agreement shall be construed to be, or shall be, # waiver of any other breach ofthis Agreement. No waiver shall be binding unless in writing and signed by the party waiving the breach. 16. Paragraph Descriptions: The use of headings in this Agreement is only for ease of reference and the headings have no-effect and are not to be considered part or terms ofthis Agreement. 17. Consultation with Counsel: Employee acknowledges that he or she has carefully read and fully understands this Agreement, and that he or sbe has had the opportunity to raise with the Company any questions, concerns or issues he or she may have in connection with the Agreement, oF its term. Employee further acknowledges that he or she has had the opportunity, and taken it o the extent he or she ddeeined appropriate and necessary, to consult legal counsel of his or her choice, in connection with this Agreement and consents to all of the terms and provisions contained herein knowingly, voluntarily and ‘without any reservation whatsoever. 18, Execution of Agreement by Employee: This Agreement was presented to employee on. October 3, 2014 and shall oaly become effective if it is executed (signed) by Employee and returned to the Company within 7 days after it has been presented to Employee. This Agreement shall not be effective if it is executed by Employee thereafter PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. DO NOT SIGN THIS AGREEMENT BEFORE THE SEPARATION DATE. 53 00/00/2014 10:23:30 FAX 2132499990 Qs 08 sea, e sa EMPLOYEE _ Dated: NASTY GALINC. By: Dated: Its: | | Te 00/00/2014 10:23:30 FAX 2132499990 —_— LEGAL 55 = EXHIBIT 9 00/00/2014 10:23:30 FAX 2132499990 Qe LEGAL Grail loft Last Day Paperwork 7 il eee neon Last Day Paperwork 2 messages aimee concepcion Fri, Oct 3, 2014 at 5:00 PM To: kim.hunt@ shopnastygal com HiKim, | was never informed or expected that in order to receive the payment and continued benefits! would be asked to sive up ary rights | may have. | am not really prepared to make that decision at this stage and will not be signing these documents. 1 would also lke to request that | receive a copy of my personnel file at Nasty Gal. Please email my fle to me or mail it to my home at: 4915 Adgison Way Los Angeles, CA 90041 ‘aimee. concepcion@gmail.com Thanks, Aimee Kim Hunt Fri, Oct 3, 2014 at 6:00 PM ‘To: aimee concepcion Hi Aimee, ‘Thank you for your email. It is actually customary for a company to have an employee sign a separation ard release agreement when being offered addtional compensation beyond what is required. This is standard practice in most ‘Companies and is consistent with our practice when issuing severance. If your decision is final, your benefits will terminate the end of the month and you willbe eligible for cobra. Your request for a copy of your personnel fe is ‘noted. It willbe sert to the address you provided within 30 days, Thank you, Kim (wie wtion) Kimberly Hunt Khouzam Chief Peopte & Culture Officer Nasty Galis Hing - Masry Gat {523 W. 6th Strat, Suite 330 Los Angeles, CA 90014 12 Office 213.542.9496 x 743 | Fax 219.402.6046 7 Subserive | Twiter | Facebook | Instagram ‘ntp:fimail. google.com mail v0) ui=24ik=6bb838a LdO&view=ptdesear. 56 | 1015/2014 3:31 PM EXHIBIT 10 00/00/2014 oo to 10:23:30 FAX 2132499990 wg LEGAL EXHIBIT 10 | ! 00/00/2014 10:23:30 FAX 2132499990 oe LEGAL 58 Gnail - COBRA stans @ ccs hitp:/Imail google com/msil/wO)ui=2ik 7 ——— Goaail sn nso inten cme ae COBRA status 9 messages ‘aimee concepcion ‘Tue, Nov4, 2014 at 10:43 PM To: evelyn. meza@shopnastygal.com, kim.hunt@shopnastygal.com Dear Evelyn and Kim, | gave birtito my daughter last Thursday, October 30th and was informed that I do not have health insurance because Nasty Gal has not processed my registiation with COBRA. This is obviously VERY important as | need COBRA health insurance forthe fist doctor's appointments, vaccinations, etc. | contacted Benefit Management Solutions and they said they already received my paperwork and payment to cortinue my heath insurance through November. | contacted Aetna and according to them, | am stil not covered because Nasty Gal has to reinstate my health insurance. | wanted to check the status of my COBRA registration with you. 1 already sert payment and Reed my health insurance as soon as possible So can take my newborn to the doctor. ‘Also, | asked for my personne fle on October 3rd and have yet to receive it. Can you please give me an update on that? Has it been sent to me? IM not, can you please send i to me? Thanks, Aimee Evelyn Meza Wed, Nov 5, 2014 at 1:44 PM ‘To: aimee concepcion Hi Aimee, Let me reach out to our Cobra Administrator and get back to you. Thank you, From: aimee concepcion [mailto:aimee.concepcion@grail.com] ‘Sent: Tuesday, November 04, 2014 10:44 PM To: evelyr.meza@shopnastygal.com; kim hunt@shopnastygl.com © Subject: COBRA status aves tetas ‘= Evelyn Meza Wed, Nov, 2014 at 1:47 PM “To: Sheri Kennedy ~ Ce: aimee concepcion Hisherl, $taz Please advise below. Is she enrolled in Cobra? I received her first check yesterday and in HRB it states she is enrolled. 1066 TA/2014 12:25 PM. 00/00/2014 10:23:30 FAX 2132499990 "Qe LEGAL Goa 20f6 il - COBRA stats Thank you, Fron: aimee concepcion {mallto:aimee.concepcion@gmail.com] ‘Sent: Tuesday, November 04, 2014 10:44 PM To: evelyn.meza@shopnastygel. com; kim.hunt@shopnastygal.com ‘Subject: COBRA status Dear Evelyn and Kim, (Rucied ea hiioy FRucted ese) Thanks, ‘Aimee ‘ntps//mil google.com meilAvO i: 59 bosBBeldOsview=presear.. © Sheri Kennedy (To: Evelyn Meza Ce: aimee concepcion Good morning, end and willlet you know. Thanks, Thu, Nov 6, 2014 at 6:36 AM ‘Aimee’s COBRA enrollment has been processed on our end. | will contact Aetna to find out the status on their s1/112014 12:25 PM. 00/00/2014 Gmail - COBRA status 30f6 10:23:30 FAX 2132499990 warn LEGAL Sheri Sheri Kennedy| Benefit Management Solutions Inc. | 45 Research Way Suite 106 East Setauket NY 11733 Phone: 631.382.3102 | Fax: 631.382.4040 Email: skennedy@yourbenefitsmanager.com Website:wwwyourbenefitsmanager.com CONFIDENTIALITY NOTICE: This e-mail and any attachments are intended only for the person or entity to which It is addressed and may contain CONFIDENTIAL or PRIVILEGED material, Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender, return the material received to the Sender and delete all copies from your system. If you are the intended recipient but do not wish to receive communications through this medium, please so advise the sender immediately. Evelyn Meza [mailto:evelyn.meza@shopnastygal.com] ‘Sent: Wednesday, November 05, 2014 4:47 PM To: Sheri Kennedy Ce: aimee concepcion Subject: FW: COBRA status ued ote ‘aimee concepcion ‘To: Sheri Kennedy - Co: Evelyn Meza Hi Sheri and Evelyn, Do you have an update on my COBRA status with Aetna? | old my pediatrician that I would get back to her today regarding my health insurance. | really need this taken care of so my newborn can go to her frst doctor visits. It would be great it you could give mie an update as soon as possible. Thanks, Aimee [octet Fri, Nov 7, 2014 at 11:53 AM. Evelyn Meza To: aimee concepcion Co: Sheri Kennedy Fri, Nov 7, 204 at 2:55 PM HiAmy, Please see below. You are enrolled into cobra. farington, Brian S ‘Sent: Friday, November 07, 2014 2:52 PM 60 ‘nop: google.cor/ mal Dui=24ik~690838 | dO view=ptdesear. 11/1/2014 12:25 EM. 00/00/2014 10:23:30 FAX 2132499990 oo“ LEGAL 61 Gail - COBRA stats [atps: shai oole.com/ msi) Mui=24ik-600838al OR view=ptdsear To: Evelyn Meza Subject: RE: COBRA status HiEvelyn, | checked, and Aimee and baby are enrolled on Medical cobra, From: Evelyn Meza [mallto:evelyn.meza@shopnastygal.com] Sent: Friday, November 07, 2014 12:28 PM To: Harrington, Brian S ‘Subject: FW: COBRA status HiBrian- Happy Friday! Hope all is well. Can you please checkif Aimee and her baby are enrolled in Cobra? From: aimee conoepcion {mallto:aimee.concepciont@gmail.com) Sent: Friday, November 07, 2014 11:54 AM To: Sheri Kennedy : Ce: Evelyn Meza ‘Subject: Re: COBRA status {uct ox en | i ‘This e-mail may contain corfidertial or privileged information If you think you have recehed this e-mail in error, please advise the sendor by reply e-mail and then delete this e-mail immediately. Thank you. Aetna © Aimee Concepcion Fri, Nov 7, 2014 at 3:41 PM To: Evelyn Meza Cc: Sheri Kennedy j4 hark youl Does my member ID number stay the samo? © Sent from my iPhone (uot toe (uceton en (veto bio (voted oath} {voted io} 40f6 ' 11/14/2016 12:25 PM | 00/00/2014 10:23:30 FAX 2132499990 ‘o LEGAL, ot cromnae tecntipepennnrican Mai ctiorten: ny 50f6 ‘Thank you, ime concepcion {mailto:aimee.conoepcion@gmall.com) Sent: Tuesday, November 04, 2014 10:44 PM To: evelyn.meza@shopnastygal.com; kim.hunt@shopnastygal.com ‘Subject: COBRA status Dear Evelyn and Kim, | gave birth to my daughter last Thursday, October 30th and was informed that | do rot have health insurance because Nasty Gal has not processed my registration with COBRA. This is obviously VERY important as I need COBRA health insurance for the first doctor's appointments, vaccinations, etc. | contacted Benefit Management Solutions and they said they already received my paperwork and payment to continue my heath insurance through November, | contacted Aetna and according to them, | am stil nat covered because Nasty Gal has to reinstate ‘my health insurance. 1 warted to check the status of my COBRA registration with you. | already sent payment ‘and nead my health insurance as soon as possible so I can take my newoorn to the doctor. ‘Also, | asked for my personnel fle on October 3rd and have yet to receive it. Can you please give me an update fon that? Has it been sent to me? If not, can you please send it to me? ‘Thanks, ‘Aimee ‘This e-mail may contain cortidortial or priiloged information. Hf you thik you have recelved this e-mai in error, Please adhise the sender by reply e-mail and then delete this e-mail immediately. Thank you. Aetna Evelyn Meza Fri, Nov 7, 2014 at 4:00 PM To: Aimee Concepcion | believe you can use the same card, Let me ask, Evelyn Meza, HR Administator Nasty Gal is Hiring /MAs1y Gat 523 W. 6th Street, Suite 330 Los Angeles, CA 90014 Direct 213.542.3436 | Ofice 213.542.3436 x347| Fax 219.402.6046 Subscribe | Twitter | Facebook | Instagram (vce ox hao) 62 142014 1225 PEM. 00/00/2014 10:23:30 FAX 2132499990 oe LEGAL 63 Evelyn Meza ‘To: Aimee Concepcion Co: Sheri Kennedy Hello Aimee, Yes, the member ID stays the same. From: Almee Concepcion [mailto:almee.concepcion@gmall.com} ‘Sent: Friday, November 07, 2014 3:42 PM To: Evelyn Meza Ce: Sheri Kennedy ‘Subject: Re: COBRA status (wie ot hen 6016 Mon, Nov 10, 2014 at 10:39 AM Ly2014 12:25PM, 00/00/2014 10:23:30 FAX 2132499990 © CGR NATIONWIDE LEGAL cles 90012-3014 seweanie: Central cm.org Sra Sap hom we roa AZADIAN LAW GROUP. 790 E, Colorado Blvd, Sth Floor FILED amore, 626-449-4964 €26-628-1722 Soeeees OtLss ace arrneyroxs: Plaintiff, AIMBE CONCERCION Conon [SUPERIOR COURT OF CALIFORWA COUNTY OF Los Angeles ‘staser aooress: 11] N, Hill Street MAR 102016 swe gos HN. ‘Hill Street, put epost istrict - Stanley Mosk Courthouse ‘CASE NAME: CONCEPCION V. NASTY GAL, INC. » Sa Uninsured mtori () ule 3.740 cateconé (00) sa (2) CIVIL CASE COVER SHEET Complex Case Designation — (BCH 7H YH 6 toa’ bl 2 coviter EF soled demanded demanded is. Filed with first appearance by defendant | “2° exceots$25009)_$25000ereso)| "(Cal Rueserowun nsec)” | sor Toms £8 bbw Fb compli fae inion aps [F- Check one Box blow ori ease pe bat bal ansc te o fs Tor cone Provstnay Complex i igen mee) ‘ech ofenacvrany (0), (Ren aah is San) 7 ‘pnts reguaton (3) rer rPoHD PerentiivyPesery =] eran) Conan 10), Samrgarhantrbeod os swans ae (8 Nea rates) Ohe cna) Scie gon 2) Pr ay 2 eaPrepery nbc 0) Ise ape 8) Cn anaes tees org ct ea tre soning Somer snd Ses oer dees a ‘Non-PUPDIWD (Other) Tort (7) wongtitoviton (33) ‘ypes (63) fui tint bres pr) Orly 2) Eee ton Caan Vill ter tbcon ofpinal 2) Detonation) nme Nscitioeue Ci Comtant Fraud (16) ‘Residential (32) RICO (27) ‘InteBactust property (19): Drage (38) Other complaint (not specified above) (42) Professional negligence (25) udictal Roviow Miscellaneous Civil Petiven oer son tenant) CEP peer 05 Parton a crete govomano 21) are Decent airenent) [= epeteeanecmere sre ‘Writ of manda (02) 5 Late mest isnot compax under dicta management 2.2] Large ruber of separately repented partos +.) Extensive motion pation raising dct or novel lesuos tat wl be Ume-consuming to resche «(71 substantial ancunt of documentary evidence 3. Remedies sought (cook al thet app): [7] monata 4 Number of eauses of con (epee nine (9) 5. Tiscato Jie not” alas acon aut 6. It tere are any knw elatod cates, lend serve a noice of related case, ¢. (7) substantial posjud yb] nonmonetary; dectérator or Inunctive relist c. rule 3.400 ofthe Calfomia Rules of Cour Wthe case's Complex, mark the 6. Large number of winesses Coordination with related actions penaing in one or more courts nother counties, states, or counties, oa federl court jet judi supervision an gform CM.016) = Date: March 10, 2015, “George 8. Azadian Sate) A ee ahaa FAY RE Nomice «+ Plain must le this cover sheet with the fst paper fled in te sein oF under tho Probate Code, Family Code, Insanctons, * Fotis cover shestin adltion| * Ithis case fe complex under or Welfare and insttuons Code), (Gal, Rules to any cover shest required by local court we, ule 3.400-6t afer paeta ia akon open, except sal tat caves oF cates fled of Cour, 63.220.) Fale tf ay resuit sq ofthe Calorie Rules of Cou, you mut serve scopy of ts cover sheet on all Xv Ad 00/00/2014 10:23:30 FAX 2132499990 NATIONWIDE LEGAL INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET eee To Plaintifsand Others Fling First Papers. I you ae lng a fist paper (or exare 2 caplet) in avi case, you must compile anf, alongwith yout fs paper, the Cif Case Cover Shea contantdon page Ths omaton weed spe Stats abou the pes and numbers of cases fed You must compete fms 1 tage on he Sat. Inn ae he oe {ene box forthe cas ype that bes cesctbes re cove theca i oy» geetl an @ mor spective case ea hon heck the more speci one Ihe case has mule cales of ator, chek te borat bet dete he prmany cae of aetoe ‘oasis youn comping ine sheet, examples ofthe case hat belong unde ach case pen tem | ae pone eon Acne sheet must be fied ely wih yourintal paper. Fale oR a cover net wih he fst paper le ma clase may ane oso, is counsel or btn sancon under ndet 290 and 9220 of te Caoma ules of Cost To arts in Rule 3740 Collections Cases. A “cole case under ne 3740 seed 38 an acto for recovery of money wed na sum sale io be cra thais ot more thn $2500, exclaveofiees an atlomeys ees aang fom orsacen whch prope, sence ormarey was aczies on cect. Acalecten cae Goes ol nce an acion sek We lung ot Gamages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) @ prejudgment wit of atacimen. ‘The lencaton of a cose asa fle 3740 clacton Cae on ts fm oars a ail bs erp fon the gone teeorservoe requremens end case management nies, unless a dtenart fics» responsive peadng, ‘A roe S100 elke case wile suet the requrerens forsee and ots ucgment nue 340 Te Partes in Complex Cass. In corplexcses ony, pares must ao tse the Civ Case Cover Shooto designate whether he Case i complex I pli beieves ta cas compen under ne 240 ol he Carona Ro f Court tha min Deemed Cy ‘ompletng te appropriate bose ines Tanda pla detgaes 2 case as compe, the covet hte mun be seed es, complaint on a pares othe acon. A defendant may fe and serve no ler tan te be offs fst apperance sone fhe plait designaon, a counter desraon tal he anes ot compos or, the pat has hace no eraon 8 Seegaon Vat fhecae complex CASE TYPES AND EXAMPLES so Tort conn Provan Compe cht Ltn "aa Peon ny Prpery "re of Comoavtrany (06) Five af Gur Res soo arcyfongh Coa echettecane ‘aloe Region 2) ea Saat et a ctaer Cann et Since aes cat cn Care lncht as on) eerie eer cana ae Stee tr Scart nto) mage ce at ol aserneptees Extonertent oc sorctetiae solo "ome Cope ca car IPOD reer ney ara orang hope ies UPD Peron oe Sart onacaray soereeana ns Tot rename CColecions (eg, money owed, open Enforcement of Judgment aces 4 oat aa eh Senet Smet 20 08 yay Danane Caicos Ck etc Pane Tat conet otot ‘aro ety Dang Goer ony eho, ag ca Get wrong (nt pinay ose eg Pro LOY et ecbenas or ‘compen (1) ‘hier Sat gmt sagen ech teste Spy Ava aves ce Gees Cone Trtapea ties Physicans & Surgeons tree Contract (37) ea Other Professional Health Care ‘Contractual Fraud pment on Unpaid Taxes nipactcn pea proemeomnt Boe tes Enforcement of Judgment one rub 19g Tremes ay 9. sp et emalinene weeestan comet "an fal) Condemnation (14) “tea Soy POND vonteste Se res ‘coach eatery Oe Rea Peper 9, et te steno ion Wontar Poseestan ia Pepe Frere ele 9p ‘Emotional Distress Mortgage Forecosure a dient sega oe manana Emotional isvess ‘Other Real Property (not eminent recreate ny cs. Other PDI ‘oman, indoratonan mecormenta comin Non arom (Oba To omer onc gets Tora Besree Una Sia a) Been Corea) saotaeate Co Peace cathe 2. decate, ene (2) sere arene 2. ett Da 8 cas moves toa! “Seernce ‘nso "age int ts ton chen Pann pats bette Sen bo) ‘ei se Commerc peta on ta) Joan En ey ut ae (05) Stents ce Fae roomy 9 Feitn fe teen xa 1) ee 8) Retna Ree am vet innate “ie toe tae Se tanane ea © Omer Professional Malpractice \Whl-Mandamus on Ufed Gout Petion for Name Change en Covet Pn rhe een = onerlos i e Ww Ga es Cou Cae me corn oe overt Petin ( rongfl Termination (36) ‘Other sical Review (29) onion SoarEnpymor oie al Sea csr er Aopen ‘Sanna Sop rd CIVIL CASE COVER SHEET mere 00/00/2014 10:23:30 FAK sneha CrGIA ae gall ely e rs CONCEPCION V. NASTY GAL, INC. CIVIL CASE COVER SHEET ADDENDUM AND. BUS 75056 ‘STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) This form is required pursuant to Local Rule 2.0 In all new civil ease filings in the Los Angeles Superior Court. tem 1. Check the types of hearing and fin the estimated length of hearing expected for this case sore raair KQ)ves cuassacronr CI ves umencaser Cres Te esrwareo for TA. 70-6 wos 2) oars tem IL. Indicate the correct ist and courthouse location (4 seps—iyou checked "Limited Cast, skp tem Il Pg. 4 Step 4: Ate rst completing the Civil Case Cover Sheet form, find the main Civil Casé Cover Sheet heading for your ase inthe left margin below, an, tothe right in Columa 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 C, circle the reason for the court location choice that applies tothe type of action you have ‘checked. For any exception tothe court location, see Local Rule 2.0 Appl Reasons for Choosing Courthouse Location (see Column C low) 5 Casa ste gee SNe Carmo cde & Lely pray gence pases ie teenth ers crete tga ean pom Sleuiictesaas Seceraaar hey nN ae I cer mom 2 SS EES i EY one cores 4 ee Geer ewach meter SSS eae ema erea ce BS Uiirecmaeae Step 4: Filin the information requested on page 4 in tem I; complete Item IV. Sign the decaraton. : ‘o_o arto tr vee Parana uPezeryOaogeiengtoean | 2.4 aba Uninsured Motorist (46) | C1 7110. Personal Injury/Property Damage/Wronghul Death ~ Uninsured Motorist | 1., 2.4. ATO Anes Popes Conge ‘Asbestos (04) sad e 7 A721 Aes. Peery exh 2 | Pretty) | 7200 ProsuLbiy rt aban or oiceraonmenan 12388 3 3 D_AT210 Medical Malpractice - Physicians & Surgeons ta 2 ‘Medical Malpractice (45) " fo wee . ©. Ara0 Oe Peso aa Coe apne, > 2 aan eae nara mies 7 F | poncRligny [0 2720 vitrttody munPrnenyConaenternsceaniea, |" [| = Seer . ene D_A7270 Intentional infliction of Emotional Distress. 18, 0 AT220 Other Personal inunyProperty Damege/Wrongful Death Wt LACIV 108 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 LASC Approved 03.06 AND STATEMENT OF LOCATION Page 1 of4 00/00/2014 10:23:30 FAX 6 NATIONWIDE LEGAL Tea Tanne CONCEPCION V. NASTY GAL, INC Business To (7) A029 Oe CommercavBusess Tot ot taudtessnotcenraa) | 4.8 ae Civit Rights (08) ‘AG005 Civil Rights/Discrmination 142.3, £s 38 Osamaton 13) 0010 Defmaton lade) 12,3 53 iF Fra (8) e019 Fav (contac) 12 es 35 8017 LealMapracie 12.3 BB | reson nenigence 25) te A800 Oe rofssionl Marcie et mesa oea) 12, omer (5) ‘8025 Oe Non Penal PropeyOamage on 2a z ‘Wrongful Termination (36) [€@ AGOS7 Wronghs Termination 2O z s Att2¢ Otter Emplomen Conpoe Case 12.8 Z| onerenploment 5 & moorment 9) ‘AG109 Labor Commissioner Appeals 10. AsI0¢ Beas Rersaesbe Conan rote aroma orwongh |g ean . Breacnekcanssed Waray | agso8 contacWarany Beach Sal Pactra tavdregigene) | 25 {not insurance) A619 Negligent Breach of Contract Warranty (no fraud) ae 96028 Other Breach of Contract Warranty (not fraud or negligence) M28 i om "Ot Caectos Coe Ste Part zee 3 fons 09) ‘A602 Other Promissory NotetColecons Case 2.8 Insurance Coverage (18) [1 ABO18 insurance Coverage (rt ample ‘6008 Contac Fraud 1.2.8.8. omer conrac 7 ASI Trius erence 1.2.8.6 6027 Oner Contact Ospuetrt eacrineuncaiouineggenc) | 1.2.3.8 Taped borane atone {AT300 Eminent DmsinConcematon Number fpr 2 EF [wwonatsesezon as) | atoes wong econ Cove 28 g é AGOY® MongageFoeceare 2.6 © | cnerreniporewya) |x sere vet Te 26 ‘28080 Other eal Prope (pt emiert domain, rornnt rece) | 2.6 ‘rivad Deine Commerzl | get Uw Deane Caneel at ngs erwrongblevcion) | 2.6 coe M6020 Unlawful Detainer-Residental (not drugs or wrongful eviction) 2.6. pltinwtDeaier | agc20F une Dtaner Post Foeconue 28 Unewts Deter 09s (98) | A822 Unowtl Deane Ons 26 LACIV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 2 of 4 00/00/2014 10:23:30 FAK agg NATIONWIDE LEGAL 5 Bon pore ‘CONCEPCION V. NASTY GAL, INC rest Forte (05) |. AS108 Asset Friae Case 2.6 = | Petioneararaion (1 [© ABI Petionts ConpelContmvact Atiraton 2,8 é G.ABIS1 Wit- Administrative Mandamus 2.8 3 WitotManiate (0) |) 6152 Wit-Mandomus on Lined Gout Cate Mater 2 3 ©. ABS Wt cher Lins Cait Case Review 2 Other Judicial Review (39) | 1 A610 Other Writ Kudicial Review 2,8. . | rinse equation 05) [A500 antnvTrde Region 128 | consmeton ones io) | AO” Census Det 128 Ef aims tmvorina mass Tot | p5c06 claims volving Mass Tot 1.208 e ee an z z Tose Ton ; g Ene ag) | 8026 Tone Tenor 1.2,348 & Ingurance Coverage Claims. 14 insurer eee ont rungs Comoe Cant Ty gore irae Goverae'bopatn (anger cae oni) 12.8.8 © AStat Set Se Jaren Ze ee 1 ASI60 Absa of pment 26 Pe Entree | 0. ASSO? Cfestionl gmat non domes aos) ae. gs fasdamen 20) 1 40 Adria Agency Award (no pai tne) 2 as D_A8114 Pettion/Centiicate for Entry of Judgment on Unpaid Tax: 2.8 ©. A6i12 OherEnrcemet of udpment Case 2.8.8 RICO 7) 1 AS3 Racking (ICO) Case 128 1 AE90 Ceca Ref Oy Comer conptants | A604 Inne Ree Oni rt onestcharssmen) met Specte Abo) 2) 1 pgott Ones Canmac Compl Cte rn comple) « 1. A&000 Oe Cl Compe (en enon compl) 6 Peper Coaraion Taste Paerip nd porte Gowmarce Case 28 © A612 Gxt Harasenent g 1 A623 Wttace Horsman 23.8, 3 onerPetiong {© AB24 EltrDependet Ad Abe Coe 238 S| ot Spectes above) | ASi90 elecion Contest 2 Ss cS) G_A6110 Petition for Change of Name. 2,7, . {1 A6170 Peon Reel tom le iim Law 2.8.4.8 : 1. AB100 OMe it Peon 20 LACIV 199 (Rev, 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 LASC Approved 03.04 AND STATEMENT OF LOCATION Page 3 of 4 00/00/2024 10:23:30 FAK a | NATIONWIDE LEGAL 6 me CONCEPCION V. NASTY GAL, INC. tem it. Statement of Location: Enter the address ofthe accdont, party's residence or place of business, performance, or other Sreumstance indiated in tem I. Step 3 on Page 1, as the proper reason for ing inthe court loclton you selected. REASON: Chock the sppropriste boxes forthe numbers shown | g25~W, ih Set, Suite 290 ‘under Column Cor the fype of ction tat you have elected for ‘his ease, 01. G2. Bs. 04.05, 06. 07. 58, 9. O10. om Towne [arcooe: Las Angeles . jon | ocons em IV, Declaration of Assignment: | Seclare under pénaty of parry nder tne laws ofthe State of Calfomia that he foregoing is tue ‘and correct and thatthe above-eried mater is properly fled for assignment to, tha Stanley Mosk, ‘courthouse inthe Conta! Disc of he Super Court ot ale, Count Ls Anges [ose Poe, 8382 rid acl Rule 20, subs.) (and Dated Maen 90,2018 ares she (SRATURE OF TONERS PAT PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY ‘COMMENCE YOUR NEW.COURT CASE: 41. Original Complaint or Petition: It fling 2 Complaint, a completed Summons form for Issuance by the Clerk. wil Case Cover Sheet, Judicial Council form CM-010, ipl Gase Cover Sheet Addendum and Statement of Location fom, LACNV 108, LASC Approved 02-04 Rev. Payment in ful of the fling fee, unless fees have been waived, ‘6 Asigned order sppointing the Guatian ad Litem, Judicial Council form CIV-010, the pain o ptlioner sa ‘minor under 18 years of age willbe required by Court n ofdertolssue a summons, ©) 7+ Addon coples of documents tobe conformed bythe Cer, Coples of te cover shoe and thi addi s must be served along withthe summons andl compaint, or other hating pleading in tnecase, i. e _ 3 corr ae ‘GiviL CASE COVER SHEET ADDENDUM oun (dao anos . AND STATEMENT OF LOCATION... Page dota