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David P. Myers (State Bar No. 206137) Ann Hendrix (State Bar No. 258285) Vanessa Godinez-Elisarraraz, (State Bar No. 269491)

THE MYERS LAW GROUP, A.P.e.
9327 Fairway View Place, Ste. 304 Rancho Cucamonga, CA 91730 Telephone: (909) 919-2027 Facsimile: (888) 375-2102 Attorneys for Jane Roe

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SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
JANE ROE, an individual, Plaintiff, vs. ELCAMINO COMMUNITY COLLEGE, a public entity; and DOES 1 to 10, inclusive, Defendants.

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) Case No. BC458332 ) FIRST AMENDED COMPLAINT FOR ) DAMAGES ) ) 1. SEXUAL HARASSMENT ) 2. RETALIATION ) 3. FAILURE TO INVESTIGATE

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) DISCRIMINATION AND ) HARASSMENT ) ) DEMAND FOR JURY TRIAL ) ) ) ) )

AND/OR PREVENT

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I. INTRODUCTION
This is an action brought by Plaintiff JANE ROE ("Plaintiff') against EL CAMINO

COMMUNITY COLLEGE, a governmental entity, and other as of yet unnamed Defendants (hereinafter collectively "Defendants") alleging, among other things, violations of the California Fair Employment and Housing Act. Plaintiff seeks damages, attorneys' fees, costs of suit and prejudgment interest.

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II. GENERAL ALLEGATIONS
1. This Court is the proper court and this action is properly filed in the County of Los

Angeles and in this judicial district because Defendants are located in the County of Los Angeles. 2. Plaintiff is a former non-exempt employee of Defendants and a resident of the County of San Bernardino, State of California. 3. Plaintiff is informed and believes, and thereon alleges that Defendant EL CAMINO COMMUNITY COLLEGE (Defendant "ECCC") is a public entity doing business in the County of Los Angeles, State of California. 4. The true names and capacities, whether individual, corporate, associate, or otherwise, of DOES 1 through 10 are unknown to Plaintiff, who therefore sues the DOE Defendants by fictitious names. Plaintiff prays leave to amend this Complaint to show their true names and capacities when they have been ascertained. 5. Plaintiff is informed and believes, and thereon alleges, that each and all of the acts and omissions alleged herein were performed by, and/or are attributable to, all Defendants, each acting as agents and/or employees, and/or under the direction and control of each of the other Defendants, and that said acts and failures to act were within the course and scope of said agency, employment and/or direction and control. Plaintiff is informed and believes, and thereon alleges, that at all times material hereto Defendants were and are the agents of each other. 6. Plaintiff is informed and believes, and thereon alleges, that Defendant DOES 1 through 10 are the partners, owners, shareholders, joint venturers, managers or alter ego of, or acting as a joint employer or integrated enterprise with, Defendant ECCC, and were acting on behalf of Defendant ECCC in the payment of wages to or employment of Plaintiff. 7. At all relevant times alleged herein Plaintiff was employed by Defendants.

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III.FACTS COMMON TO MORE THAN ONE CAUSE OF ACTION
8. Plaintiff is employed in an administrative/clerical position with Defendant ECCC and

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J ames Schwartz was her supervisor during the relevant time or a high level administrator of

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Defendant ECCe. Mr. Schwartz's positions were Vice President and Dean during the relevant time. 9. From 2004 until December 2010, Plaintiff was subjected to harassment and retaliation by her former supervisor, Mr. Schwartz. During this time, the harassment and retaliation was severe and pervasive. This conduct including, but not limited to, unwanted touching, glaring at her breasts, kissing, groping, sexual contact as well as demands for unwanted sexual intercourse. At the same time Mr. Schwartz made these demands, he would make reference to her employee evaluation and that he could adversely affect her employment. At certain times during her employment, Plaintiff was subjected to sexual harassment and retaliation in the form of being yelled at, being ignored, isolated, having work taken away from her, providing negative written comments regarding her work. Plaintiff believes that this harassment was the result of Mr. Schwartz having a relationship with another employee at the school. In addition, Mr. Schwartz

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called her on her personal voicemail in December 2010 in which Plaintiff believed that Mr. Schwartz was instructing her to lie under the penalty of perjury. 10. Plaintiff failed to complain about Mr. Schwartz's behavior because she feared that she would lose her job if she did so. Mr. Schwartz stated that she would lose her job if she told anyone about what he was doing to her, and that no one would believe her over her employer. Mr. Schwartz also told her that he had a good relationship with the union president and that the union would believe him over her. After certain acts of sexual harassment, Mr. Schwartz told Plaintiff that she had better not tell anyone about it or she would be fired, and no one would believe her. Plaintiff believed she would be terminated if she made a formal complaint to her employer and that the employer would believe him over her. In December 2010, Mr. Schwartz made repeated requests that she lie about what had occurred between her and him as he and the school was being sued by another employee that had alleged that Mr. Schwartz had sexually harassed her. 11. Plaintiff filed Complaints of Discrimination with the California Department of Fair Employment and Housing ("DFEH") against each Defendant and was issued "right-to-sue" letters by the DFEH. Plaintiff has fully complied with the administrative prerequisites to the filing of her claims. The letters were previously served on Defendant.

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IV. FIRST CAUSE OF ACTION (Sexual Harassment - Violation of Cal. Gov't Code §12940(j)) (Against All Defendants)
12. Plaintiff restates and incorporates by reference each and every allegation contained in paragraphs 1 through 11, inclusive, as though fully set forth herein. 13. The Fair Employment and Housing Act ("FEHA") codified in Government Code § 12940 makes it unlawful for an employer to sexually harass an employee. 14. Defendants and each of them and/or their agents/employees engaged in a pattern and practice of unlawful sexual harassment in violation of California Fair Employment and Housing Act ("FEHA") of California Government Code §129400). 15. The sexual harassment Plaintiff was subjected to was sexual harassment under both quid quo pro sexual harassment and hostile work environment. The harassment was sufficiently

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pervasive and severe as to alter conditions of employment and to create a hostile or abusive work environment. In addition, Plaintiff was treated worse when another female employee began

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having an open relationship with Mr. Schwartz. Said unlawful practices were in the nature of quid pro quo sexual harassment wherein Plaintiff was required to have sex with Defendant Schwartz in order to receive good performance evaluations and not be subjected to other adverse employment actions. In addition, Plaintiff was treated worse when another female employee began having an open relationship with Mr. Schwartz. 16. As a proximate result of the wrongful conduct of Defendants, and each of them, Plaintiff has suffered and continues to sustain losses in earnings and other employment benefits in an amount according to proof at the time of trial. 17. As a proximate result of the wrongful conduct of Defendants, and each of them, Plaintiff has suffered humiliation, emotional distress, and mental pain and anguish, all to her damage in an amount according to proof at the time of trial. 18. Plaintiff has also incurred and continues to incur attorneys' fees and legal expenses in an amount according to proof at the time of trial.

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V. SECOND CAUSE OF ACTION (Retaliation - Violation of Cal. Gov't Code §12940(h)) (Against All Defendants) 19. Plaintiff restates and incorporates by reference each and every allegation contained in paragraphs 1 through 11, inclusive, as though fully set forth herein. 20. During her employment, Plaintiff engaged in protected activity when she opposed sexual harassment by her supervisor. 21. In direct response, Defendants retaliated against Plaintiff by acts including, but not limited to: yelling at her, ignoring her, taking work away from her, writing her up for breach of confidentiality, giving work to other employees, and calling her on her personal voicemail in December 2010. 22. As a proximate result of the wrongful conduct of Defendants, and each of them, Plaintiff has suffered and continues to sustain substantial losses in earnings and other employment benefits in an amount according to proof at the time of trial. 23. As a proximate result of the wrongful conduct of Defendants, and each of them, Plaintiff has suffered humiliation, emotional distress, and mental pain and anguish, all to her damage in an amount according to proof at the time of trial. 24. Plaintiff has also incurred and continues to incur attorneys' fees and legal expenses in an amount according to proof at the time of trial. VI. THIRD CAUSE OF ACTION (Failure to Investigate and/or Prevent Discrimination and Harassment from OccurringViolation of Cal. Gov't Code §12940(k)) (Against All Defendants) 25. Plaintiff restates and incorporates by reference each and every allegation contained in paragraphs 1 through 11, inclusive, as though fully set forth herein. 26. To Plaintiff's knowledge, no meaningful or adequate investigation or disciplinary action has been taken against any employees who discriminated against and harassed Plaintiff.

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27. In violation of Cal. Gov. Code §§12940(k), Defendants and each of them, and/or their agents/employees, failed to take all reasonable steps necessary to prevent and investigate unlawful discrimination and harassment from occurring, and to remedy such discrimination and harassment. 28. As a proximate result of the wrongful conduct of Defendants, and each of them, Plaintiff has suffered and continues to sustain substantial losses in earnings and other employment benefits in an amount according to proof at the time of trial. 29. As a proximate result of the wrongful conduct of Defendants, and each of them, Plaintiff has suffered humiliation, emotional distress, and mental pain and anguish, all to her damage in an amount according to proof at the time of trial. 30. Plaintiff has also incurred and continues to incur attorneys' fees and legal expenses in an amount according to proof at the time of trial VII. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays judgment as follows: 1. For compensatory and general damages in an amount according to proof; 2. For past and future lost income and benefits; 3. For costs of suit incurred herein; 4. For attorney's fees and costs pursuant to California law; 5. For such other and further relief that the Court may deem just and proper.

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Dated: May 12, 2011

THE MYERS LAW GROUP, A.P.C.,

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By: David P. Myers Attorneys for Plaintiff

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