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Michael A.

McGill, SBN 231613 SUPERKmemJOTOfCAUPORNtA
COUNTY OFLOSANGELES
nicgill@policeattorney.com
2
Zachery A. Lopes, SBN 284394 JAN 28 2013
3
zachery@policeattorney.com
John A. Clarjw,executive Oflfcec/Clok
LACKIE DAMMEIER McGILL & ETHtR APC
4 367 North Second Avenue
BY fajMi^j' jfc^^JDepnty
Cnstitw Gnjalva'
Upland, California 91786
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Telephone: (909) 985-4003
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Facsimile: (909)985-3299

7 Attorneys for Plaintiff,
BEHROUZ"BEN
8

SUPERIOR COURT OF THE STATE OF CALIFORNIA
9

COUNTY OF LOS ANGELES
10

11 ®Q*B9984
BEHROUZ "BENJAMIN" SIOUNIT. Case No.:
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13 Plaintiff, COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF FOR
v. VIOLATIONS OF THE CALIFORNIA
1i FAIR EMPLOYMENT AND HOUSING
Q 2 ACT (FEHA)
16 CITY OF PALOS VERDES ESTATES, and
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DOES 1 through 10 INCLUSIVE, 1. FEHA - Discrimination
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Defendants. 2. FEHA - Failure to Provide
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Reasonable Accommodation
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3. FEHA - Harassment
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21 Cm 4. FEHA - Retaliation

22 5. FEHA - Failure to Prevent
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PRELIMINARY STATEMENT

2 1. This is a complaint for damages and injunctive reliefbrought under the California
3 Fair Employment and Housing Act("FEHA") against Defendant City of Palos Verdes Estates
4 for race, religious creed, national origin, and ancestry discrimination, harassment, retaliation for
5 Plaintiffs opposition of these unlawful actions, and failure to prevent that discrimination and
6 retaliation. Plaintiff, a Jewish Iranian immigrant and police officer working at the City of Palos
7 Verdes Estates' Police Department, was abruptly terminated after complaining to his superiors
8 about the discriminatory and harassing treatment he suffered. Rather than making any effort to
9 address the issues complained of by Plaintiff, the Department chose instead to remove Plaintiff
10 himself. Therefore, he now brings this action seeking damages and injunctive relief.
2. Plaintiff BEHROUZ "BENJAMIN" SIOUNIT ("Plaintiff or "Siounit") was an
employee of Defendant City, employed as a Level II Reserve Police Officer within the Palos
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^ 13 Verdes Estates Police Department, a peace officer pursuant to California Penal Code §§ 830.6
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aS 14 and 832.6.

< i/i 15 3. At all times mentioned in this complaint, Defendant CITY OF PALOS VERDES
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16 ESTATES ("the City") was a municipal corporation organized and existing under the laws of the
17 State of California. The Palos Verdes Estates Police Department is an operating department of
18 the City.

19 4. The true names and capacities of the Defendants named herein as DOES I

20 through 10, whether individual, government, corporate, associate, or otherwise, are unknown to
21 Plaintiff who therefore sues such Defendants by such fictitious names pursuant to the California
22 Code of Civil Procedure, Section 474 et. seq.

23 5. Defendant DOES 1 through 10, were at all times alleged herein, employers,

24 employees, agents, partners, servants and joint venturers of Defendants and each of them and in
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25. some capacity were responsible for the wrongful acts herein complained of. Plaintiff is informed
26 and believes that the DOE Defendants herein are California residents and will amend this

Complaint to show their true names and capacities when they have been ascertained.
28 6. The acts alleged and complained of herein were committed within the County of

COMPLAINT
2
Los Angeles, within the jurisdiction of this Court.
2 7. Each and all of the acts of the Defendants as alleged herein were done by

3 Defendants, their agents, servants, and employees, and each of them as individuals and under the
4 color and pretense of the statutes, ordinances, regulations, customs and usages of the State of
5 California, and under the authority of their employment with full knowledge and approval of
6 their superiors as agents. Defendants are jointly and severally liable for the injuries and damages
7 sustained by Plaintiff.

8 8. At all times mentioned herein, the City regularly employed five or more persons

9 within the provisions of the California Government Code. All conditions precedent to

10 jurisdiction under California Government Code §12940 et seq. have been complied with: timely
11 charges of unlawful employment practices were filed with the Department of Fair Employment

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12 and Housing (DFEH) and subsequent "Right to Sue Letters" were issued to Plaintiff.
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13 9. All facts stated herein in any one section are incorporated, reiterated, and
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14 realleged in every other section.
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< <7 15 FACTS RELATING TO EACH CAUSE OF ACTION

16 10. Plaintiff was hired by Defendant City as a Level II Reserve Police Officer on June
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17 19, 2007. Throughout his time with Defendant City, Plaintiff has consistently been a highly
18 valuable contributor to the City's and Department's law enforcement efforts.

19 11. Prior to his unlawful termination, he had never received a negative performance
20 review, nor been disciplined.

21 12. Plaintiff is also a Jewish Iranian American citizen. He observes his religious

22 beliefs strictly and maintains great pride in his Iranian heritage. He immigrated to the United
23 States as a teenager after being granted "refugee asylum" status by the federal government, due
24_ to the severely hostile and targeted anti-Semitic policies in Iran.

2Sl; 13. Despite his valuable service to Defendant City, and his past escapes from hostile

persecution, Plaintiff has been subject to anti-Semitic and racist discriminatory treatment and
27.' harassment throughout his time with the Department, ultimately leading to his termination from
28- employment. This discriminatory and harassing conduct had been, and possibly still is,
1 pervasive throughout the Department.
2 14. Within the first few months after being hired, Plaintiff was told by a large group

3 of fellow officers that Plaintiff and "the rest of (his) bleeding heart liberal Jewish tribe were
4 responsible for having President Obama elected." This same comment has been repeated by
5 other officers, in addition to the ones at this initial confrontation, on numerous occasions.
6 15. Throughout Plaintiffstime with the Department, almost every single time he
7 walked into a room with otherofficers, he was greeted with a loud "Allah-o-Akbar", attempted
8 mimicked Arabic phrases, and shouts of "Ah La La La" with fists pumped into the air. There
9 was a group of three fellow officers that did this consistently. Countless other officers were
10 encouraged and joined in repeatedly. This behavior was witnessed by management numerous
times.

Iz 16. Plaintiffs Jewish kosher Iranian diet was constantly ridiculed by fellow and
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13 superior officers, referred to as "bird food" consistently.
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14 17. On one particular occasion, Plaintiff was told by a fellow officer that his
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16 Plaintiff, the officer told him that his grandfather was a Nazi guard in a concentration camp, and
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_l 17 died when he accidentally fell off of the guard tower. Afterfinishing thisegregious insult, he
18 looked at other fellow officers gathering around, and all started laughing uncontrollably.
19 18. In or around March of 2011, Plaintiff made a formal complaint to Captain Mark

20 Velez about the consistent anti-Semitic and racist discrimination and harassment he had been

21 receiving from fellow and superior officers, including reference to specific instances such as
22 those recounted above.

23 19. Based upon information and belief, the Department never followed up on the
24 complaint in any way. No investigation was initiated and no resolution was had.
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2,5, 20. In or around August of 2011, a fellow officer, with other fellow and superior

2& officers surrounding, asked Plaintiff how he felt about the fact that "Jews were responsible for
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ij... killing Jesus", or that Jews routinely "take advantage" of other people. This officer also told
28 Plaintiff that Jews "are taught and obligated to cheat and steal from the gentiles." The officer
then handed Plaintiff an eleven-page document, printed from the Department's briefing room
printer, which detailed more ridiculous and incredibly anti-Semitic propaganda, and suggested
that Plaintiff should "learn more" about his religion.

4 21. In or around Decemberof 2011, Plaintiff was approached in the parking garage of

5 the station by a fellow officer and asked, in front of supervising officers, if he knew "why Jews
6 and Arabs keep fighting each other like cats and dogs." No supervising officers intervened.
7 22. In addition to the confrontations above, throughout his time with the Department,

8 Plaintiff has been scheduled and forced to work on Jewish holy days, despite repeated and prior
9 requests to not be scheduled on such days. When Plaintiff made these requests, he was told that
10 he had no choice, and that adverse employment actions would be taken against him if he didn't
11 work the days as scheduled. Based upon information and belief, the Department made no effort
12 to schedule around the holy days observed by Plaintiff.
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13 23. Plaintiff also had particular difficulty meeting his required firearm range
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14 qualifications, because range managers, including two in particular, refused to schedule Plaintiff
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16 repeated requests. Based upon information and belief, they did this with the intent to make it
17 difficult for Plaintiff to make his firearm qualifications.

18 24. During a meeting on or about February 6, 2012, with Sergeants Eric Gaunt and
19 Lou Warnick, Plaintiffagain made a formal complaint about the anti-Semitic and racist treatment
20 from fellow and superior officers. When this issue was brought up, Sergeant Gaunt replied "let's
21 not go there," making it clear that neither he nor the Department had any concern about the
22 treatment received by Plaintiff, and did not intend to do anything about it.

23 25. During that same meeting, Plaintiff informed his superiors of other misconduct
24. and unlawful behavior by fellow officers that he had witnessed. Plaintiff was told that the
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25> purpose of the meeting was not to talk about those issues. Immediately thereafter. Plaintiffwas
2'6 asked to leave for a few minutes as the others wanted to speak amongst themselves. He was also
asked if he had been tape recording the meeting, which he did not.

2'8 26. When Plaintiff was asked back in to the room, he was told that he was not
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COMPLAINT
5
allowed to work patrol any longer, and that he needed to take a leave of absence. No explanation
was given.
27. Five days later, on or about February 11, 2012, Plaintiff again met with Sergeants
Gaunt and Warnick. Plaintiff was given two documents; a resignation letter and a termination
letter, and told to chose between the two. After Plaintiff informed the two Sergeants that he was
not able to make a decision that very moment, Sergeant Gaunt said the "offer" of resignation was
only good for the night.
28. Plaintiff was then immediately terminated from employment. He was escorted to
his locker where he emptied his personal belongings, and then escorted to his car.
10 FIRST CAUSE OF ACTION

11 FEHA Discrimination

6S
12 Government Code §§ 12940 (a)

29. Plaintiff re-alleges each and every preceding paragraph as though set forth in full
here.

id. 15 30. In doing the things alleged to have been done, Defendant violated § 12940(a).

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16 The California Fair Employment and Housing Act (FEHA) (Gov. C. § 12900 et seq.) prohibits
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17 employment discrimination on the basis of "race, religious creed...national origin" or "ancestry."
18 Gov't Code § 12940(a).

19 31. Defendant and its agents had knowledge of Plaintiffs Jewish religion and Iranian
20 race, national origin, and ancestry. Defendants took the discriminatory actions and treatment
21 described above because of that knowledge. As such, Plaintiff is a member of a protected class.
22 (Gov't Code § 12926(n) and (p).)

23 32. Plaintiff performed competently in his job: Plaintiff was never disciplined during
24 his career. Plaintiff also never received a negative performance review.

2|: 33. Plaintiff was subjected to an adverse employment action because of his race,

26 religious creed, national origin, and ancestry: Plaintiff was terminated without cause which

resulted in an effective end to his law enforcement career and substantial economic loss related
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28' to his inability to find future law enforcement employment.

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COMPLAINT
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34. Even before Plaintiff was terminated, he was subjected to numerous adverse

2 employment actions and other acts ofdiscriminatory animus because ofhis race, religious creed,
3 national origin, or ancestry, including, but not limited to constant ridicule about his Iranian race,
4 national origin, and ancestry, constant ridicule about his Jewish religion, consistent refusal by his
5 employer to accommodate his religious beliefs, and consistent refusal by his employer to
6 investigate the discriminatory treatment suffered.
7 35. Based on information and belief, Plaintiffs race, religious creed, national origin,

8 and ancestry were the motivating reasons for the actions taken against Plaintiff, including those
9 listed above.

10 36. As a direct and proximate result of the Defendant's conduct, Plaintiffhas suffered
11 and continues to suffer in his capacity to earn his salary, and has lost, and will continue to lose,
12 the ability to have a law enforcement career.
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13 SECOND CAUSE OF ACTION
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14 FEHA Discrimination - Failure to Provide Reasonable Accommodation
IS 15 Government Code § 12940(l)(l)
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16 37. Plaintiff re-alleges each and every preceding paragraph as though set forth in full
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17 here.

18 38. In doing the things alleged to have been done, Defendant City violated §
19 I2940(l)(l )• Government Code section 12940(0(1) makes it unlawful for an employer to fail to
20 make reasonable accommodations for an employee's religious beliefs or observance, or to
21 discriminate against a person in the terms, conditions, or privileges of employment because of a
22 conflict between those religious beliefs or observance and any employment requirement.
23 39. At all times relevant to this complaint, Defendant City of Palos Verdes Estates
24 was an "employer" under Gov't Code sections 12940 and 12926(d).

K 40. At all times relevant to this complaint, Plaintiff was an employee of Defendant.
26-- 41. As recounted above, despite Plaintiffs repeated requests, Defendant and its

agents consistently refused to schedule Plaintiff around his observed Jewish Sabbath and other
28-.. holy days. "Religious belief or observance," includes "observance of a Sabbath or other religious

COMPLAINT
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1 holy day or days." (Gov't Code § 12940(0(1).)
2 42. As such, Defendant City of Palos Verdes Estates failed to provide reasonable

3 accommodations for Plaintiffs religious beliefs and observance.

4 43. Plaintiff was harmed; specifically, he was terminated which prematurely

5 terminated his career as a police officer and resulted in a substantial economic loss related to his
6 inability to find future law enforcement employment.
7 44. The City of Palos Verdes Estates' failure to provide Plaintiff with reasonable
8 accommodations for his religious beliefs and observance was a substantial factor in causing
9 Plaintiffs harm.

10 45. As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered

11 and continues to suffer in his capacity to earn his salary, and has lost, and will continue to lose,

5* n his ability to have a law enforcement career.

51 13 THIRD CAUSE OF ACTION
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16 46. Plaintiff re-alleges each and every preceding paragraph as though set forth in full
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17 here.

18 47. In doing the things alleged to have been done. Defendant City violated §
19 12940(j)(l). Section I2940(j)(l) makes it unlawful for an employer to harass an employee on the
20 basis of "race, religious creed. ..national origin," or "ancestry."
21 48. Defendant City harassed Plaintiff on the basis of his race, religious creed, national
12 origin, and ancestry because numerous, if not all, of its agents and supervisors knew of the
23 harassing treatment and conduct and failed to take immediate and appropriate action. As
24 recounted above, despite Plaintiffs repeated complaints about the unlawful harassment,
Defendant City did nothing.
26 49. Defendant City took no reasonable steps to prevent Plaintiffs suffered
harassment, despite being fully aware of such conduct by its agents and employees.
28 50. Defendant City is Plaintiffs "employer." Gov't Code § 12940<j)(4)(A).
51. Plaintiff was harmed; specifically, he was terminated from employment which
prematurely ended his career as a police officer and resulted in a substantial economic loss

3 related to his inability to find future law enforcement employment.
4 52. Defendant City's failure to take any reasonable steps to prevent Plaintiffs
5 suffered harassment caused Plaintiffs harm.

6 53. As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered
7 and continues to suffer in his capacity to earn a salary in law enforcement going forward, and has
8 lost, and will continue to lose, the ability to have a law enforcement career, and has suffered
9 severe and substantial emotional injury.
10 FOURTH CAUSE OF ACTION

11 FEHA Retaliation

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12 Government Code § 12940(h)
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S 2 13 54. Plaintiff re-alleges each and every preceding paragraph as though set forth in full
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here.

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55. In doing the things alleged to have been done, DefendantCity violated §
12940(h). Section 12940(h) makes it unlawful for an employerto retaliate against its employees
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17 for opposing unlawful and discriminatory employment practices.
18 56. Plaintiff engaged in a protected activity under FEHA by opposing the City's
19 unlawful and discriminatory employment practices. Specifically, in or around March of 2011 and
20 on or around February 6, 2012, Plaintiff made formal complaints about these practices directly to
2! his superiors as recounted above. Based upon information and belief, the Department took no
22 action on Plaintiffs complaints either time.
23 57. Plaintiff was terminated a mere five days after the last of his complaints.
24 Plaintiffs opposition to the City's unlawful and discriminatory employment practices was a
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motivating reason for the City's decision to terminate him.
2tJ 58. Plaintiff was harmed; specifically, he was terminated from employment which
prematurely ended his career as a police officer and resulted in a substantial economic loss
28 related to his inability to find future law enforcement employment.

COMPLAINT
9
59. Defendant City's conduct was a substantial factor in causing Plaintiffs harm.
60. As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered
and continues to suffer in his capacity to earn a salary in law enforcement going forward, and has
4 lost, and will continue to lose, the ability to have a law enforcement career, and has suffered
5 severe and substantial emotional injury.

6 FIFTH CAUSE OF ACTION

7 FEHA Failure to Prevent Discrimination and Harassment

8 Government Code § 12940(h)

9 61. Plaintiff re-alleges each and every preceding paragraph as though set forth in full
10 here.

II 62. In doing the things alleged to have been done, Defendant City violated §

Pi 12 I2940(k). Section 12940(k) makes it unlawful for an employer to fail to take all reasonable steps
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13 to prevent discrimination and harassment. Despite knowledge of Plaintiff s discrimination and
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< 35 15 alleged herein, and to this very day, have condoned such unlawful actions.
16 63. At all times relevant to this complaint, Defendant City was an "employer" under
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17 Gov't Code sections 12940 and 12926(d).

18 64. At all times relevant to this complaint, Plaintiff was an employee of Defendant
19 City.

20 65. Plaintiff was subjected to discrimination and harassment because of his race,
21 religious creed, national origin and ancestry.
22 66. Defendant City failed to take reasonable steps to prevent the discrimination and
23 harassment, despite Plaintiffs complaints and Defendant's knowledge.
24 67. Plaintiff was harmed; specifically, he was terminated which prematurely

2s; terminated his career as a police officer and resulted in a substantial economic loss related to his
26 inability to find future law enforcement employment, and suffered severe emotional damages as
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27. a result of constant and pervasive workplace harassment.
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28 68. Defendant City's failure to take reasonable steps to prevent the discrimination and
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COMPLAINT
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harassment was a substantial factor in causing Plaintiffs harm.
2 69. As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered
3 and continues to suffer in his capacity to earn a salary in law enforcement going forward, and has
4 lost, and will continue to lose, the ability to have a law enforcement career, and has suffered
5 severe and substantial emotional injury.
6 WHEREFORE, Plaintiff prays for judgment against the Defendant, as follows:
7 1. General, compensatory, and special damages according to proof:
8 2. For injunctive relief ordering Defendant City of Palos Verdes Estates:
9 a) To immediately expunge any negative personnel documents generated by
10 Defendants relating to the adverse actions that are the subject of this
II action;

12 b) to take any and all necessary and reasonable steps to remove the stigma
S3 13 and negative perception of Plaintiff; and
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14 c) to return Plaintiff to the position he would have been in had he not been
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y g 16 3. For attorney's fees in an amount to be shown according to proof (Government
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17 Code § 12965(b));
18 4. For interest provided by law including, but not limited to, Civil Code §3291;
19 5. For costs of suit; and

20 6. For each other and further relief as the Court deems just and proper.
21

22 Dated: January 28, 2013 LACKIE DAMMEIER MCGILL & ETHIR APC

23

24

25^': Michael A. ivrctm
Zachery A. Lopes
26v Attorneys for Plaintiff
k •
BEHROUZ "BENJAMIN" SIOUNIT
2T

28.
DEMAND FOR TRIAL BY JURY
2
Plaintiff hereby demands a trial by jury.
3

4
Dated: January 28, 2013 LACKIE DAMMEIER MCGILL & ETHIR APC
5

6

7

8
Michael A. McGill
9 Zachery A. Lopes
Attorneys for Plaintiff*
10 BEHROUZ "BENJAMIN" SIOUNIT

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CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stale Bar number, and address): FOR COURT USE ONLY
-Zachery A. Lopes, SBN 284394
LACKIE, DAMMEIER & MCGILL, APC
367 N. Second Avenue
Upland, CA 91786 FILED
telephone no: 909-985-4003 fax no.: 909-985-3299
attorney for w Plaintiff, BEHROUZ "BENJAMIN" SIOUNIT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS AllgdCS
street address: 110 N. Grand Avenue
JAN 28 2013
MAILING AODRESS:
Joba A. uante, Gxecuttve Qffieei/Clerk
city and zip code. Los Armeies, CA 90012
branch name: StanleyTvlosk Courthouse •Ll ™Cns^»WiaR!P
CASE NAME:
Siounit v. City of Palos Verdes Estates, et al.
CIVIL CASE COVER SHEET
GZH Unlimited I I Limited
I
Complex Case Designation

I Counter I I Joinder
~ffC4 99 984
(Amount (Amount JUOGE:
demanded Filed with first appearance by defendant
demanded is
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) OEPT:

Items 1-6 below must be completed (see instructions on page 2).
Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
•I Auto (22) I I Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
1
I I Uninsured motorist (46) • Rule 3.740 collections (09) I I Antitrust/Trade regulation (03)
Other PI/PO/WD (Personal Injury/Property Other collections (09) I I Construction defect (10)
Damage/Wrongful Death) Tort • Insurance coverage (18) I I Mass tort (40)
I I Asbestos (04) • Other contract (37) Securities litigation (28)
I I Product liability (24) Real Property I I Environmental/Toxic tort (30)
L_J Medical malpractice (45) [ | Eminent domain/Inverse I I Insurance coverage claims arising from the
• Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case
types (41)
Non-PUPD/WD (Other) Tort CZl Wrongful eviction (33)
I 1 Business tort/unfair business practice (07) I I Other real property (26) Enforcement of Judgment

Civil rights (08) Unlawful Detainer I I Enforcement of judgment (20)
Defamation (13) [__] Commercial (31) Miscellaneous Civil Complaint
• Fraud (16) I I Residential (32) • RICO (27)
• intellectual property (19) • Drugs (38) I J Other complaint (not specified above) (42)
• Professional negligence (25) Judicial Review
Miscellaneous Civil Petition
• Other non-PI/PD/WD tort (35) L.-J Asset forfeiture (05) L 1 Partnership and corporate governance (21)
Employment L I Petition re: arbitration award (11) L.__J Other petition (notspecifiedabove) (43)
[ i Wrongful termination (36) I ] Writ of mandate (02)
LZ3 Other employment (15) I I Other judicial review (39)
2. This case I I is [_/J is not complex under rule 3.400 ofthe California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. I I Large number ofseparately represented parties d. i ILarge number ofwitnesses
b I I Extensive motion practice raising difficult ornovel e. I ICoordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federalcourt
c. I I Substantial amount of documentary evidence f. I ISubstantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a.[Z3 monetary b. [7j nonmonetary; declaratory orinjunctive relief c. \Z3punitive
4. Number of causes of action (specify): Five
5. This case I I is I / I is not a class action suit.
§r) Ifthere are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
Date: January 28, 2013
Zachery A. Lopes ^
(TYPE OR PRINT NAME)
I,:, NOTICE
• Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
C:< under the ProbateCode, Family Code, or Welfare and Institutions Code). (Cal. Rulesof Court, rule 3.220.) Failure to file may result
, in sanctions
'♦ File this cover sheet in addition to any cover sheet required by local court rule.
!-.«. Ifthis case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
. other parties to the action or proceeding.
U»' Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
Page
Pa 1of2
Porm Adopted for Mandatory Use Cat. Rules of Court, rules 2.30, 3.220.3.400-3,403. 3.740:
Judicial Council erf California CIVIL CASE COVER SHEET C3l. Standards of Judicial Administration, std. 3.10
fv.<.£M-010(Rev. July V 2007] vrww.couninfo.ca.gov
American LegafNet. Inc.
www.F0rnisUM3nVftow.com
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one boxfor the case type that best describes the case. If the case fits both a general and a more specific typeof case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. Acover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paperfiled in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Ru es of Court.
To Parties in Rule 3.740 Coliections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
which property, services, or money was acquired on credit. Acollections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. Ifa plaintiff believes the case is complex under rule 3.400of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. Ifa plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiffs designation, a counter-designation that the case is notcomplex, or, ifthe plaintiff has made no designation, a designation that
the case is complex. „ A„,- ,.„„,-.,...~ , ..„ -,.
CASE TYPES AND EXAMPLES
Auto Tort Contract Provisionally Complex Civil Litigation (Cal.
Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403)
DamageAA/rongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) {if the Contract (not unlawfuldetainer Construction Defect (10)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist claim subject to Contract/Warranty Breach-Seller Securities Litigation (28)
artiitration, check this item Plaintiff (not fraudor negligence) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other PI/PO/WD (Personal Injury/ Warranty (arising fromprovisionally complex
Property DamageAA/rongful Death) Other Breach of Contract/Warranty case type listed above) (41)
Tort Collections (e.g., money owed, open Enforcement of Judgment
Asbestos (04) book accounts) (09) Enforcement of Judgment (20)
Asbestos Property Damage Collection Case-Seller Plaintiff Abstract of Judgment (Out of
Asbestos Personal Injury/ Other Promissory Note/Collections County)
Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations)
toxic/environmental) (24) complex) (18) Sister State Judgment
Medical Malpractice (45) Auto Subrogation Administrative Agency Award
Medical Malpractice- Other Coverage (not unpaid taxes)
Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Real Property Case
Other PI/PO/WD (23)
Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified
(e.g., assault, vandalism) above) (42)
Other Real Property (e.g., quiet title) (26)
Intentional Infliction of Declaratory Relief Only
Writ of Possession of Real Property
Emotional Distress Injunctive Relief Only (non-
Mortgage Foreclosure
Negligent Infliction of harassment)
Quiet Title
Emotional Distress Mechanics Lien
Other Real Property (not eminent
Other PI/PD/WD domain, landlord/tenant, or Other Commercial Complaint
Non-Pl/PD/WO (Other) Tort foreclosure) Case (non-ton/non-complex)
Unlawful Detainer
Other Civil Complaint
Business Tort/Unfair Business
(non-tott/non-complex)
Practice (07) Commercial (31)
Miscellaneous Civil Petition
Civil Rights (e.g., discrimination, Residential (32)
false arrest) (not civil Partnership and Corporate
Drugs (38) (ifthe case involves illegal Governance (21)
harassment) (08) drugs, check this item; otherwise,
."Defamation (e.g., slander, libel) Other Petition (not specified
report as Commercial or Residential) above) (43)
(13) Judicial Review
Civil Harassment
h-'Fraud (16) Asset Forfeiture (05)
Intellectual Property (19) Workplace Violence
Petition Re: Arbitration Award (11i Elder/Dependent Adult
'•^Professional Negligence (25) Writ of Mandate (02)
Abuse
Legal Malpractice Writ-Administrative Mandamus
fv1 Other Professional Malpractice Election Contest
Writ-Mandamus on Limited Court
(not medical or legal) Petition for Name Change
Case Matter
'-"Other Non-PI/PD/WD Tort(35) Petition for Relief From Late
Writ-Other Limited Court Case Claim
Employment Review
Wrongful Tennination (36) Other Civil Petition
Other Judicial Review (39)
fvOther Employment (15) Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
CI^QiO(Rev. July 1,2007] Page 2 of 2
CIVIL CASE COVER SHEET
SHORT TITLE;
Siounit v. City of Palos Verdes Estates CAS6Nf14 9 9 9 84

CIVIL CASE COVER SHEET ADDENDUM AND
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 case filings in the Los Angeles Superior Court.

Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:
JURY TRIAL? fi_J YES CLASS ACTION? O YES LIMITED CASE? QyES TIME ESTIMATED FOR TRIAL 5 D HOURS/ El DAYS
Item II. Indicate the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to Item III, Pg. 4):

Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case CoverSheet heading for your
case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected.

Step 2: Check one SuperiorCourttype of action in Column B below which best describes the nature of thiscase.

Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have
checked. For any exception to the court location, see Local Rule 2.0.

Applicable Reasons for Choosing Courthouse Location (see Column C below)

1 Class actions must be filed in the Stanley Mosk Courthouse, central district. 6. Location of property or permanently garaged vehicle.
2. May be filed in central (other county, or no bodily injury/property damage). 7. Location where petitioner resides.
3 Location where cause of action arose. 8. Location wherein defendant/respondent functions wholly.
4. Location where bodily injury, death or damage occurred. 9. Location where one or more of the parties reside.
5. Location where performance required or defendant resides. 10. Location of Labor Commissioner Office

Step 4: Fill in the information requested on page 4 in Item III; complete Item IV. Sign the declaration.

A B C
Civil Case Cover Sheet Type of Action Applicable Reasons -
Category No. (Check only one) See Step 3 Above

Auto (22) O A7100 MotorVehicle - Personal Injury/PropertyDamage/Wrongful Death 1,2,4.
S r
< *-
Uninsured Motorist (46) CI A7110 Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist 1..2..4.

D A6070 Asbestos Property Damage 2.
Asbestos (04)
D A7221 Asbestos - Personal Injury/Wrongful Death 2.
p r
o
tx t-
o Product Liability (24) O A7260 Product Liability (not asbestos or toxic/environmental) 1., 2.. 3.,4.,8.
a
_^ 01
cP a
3
3
a A7210 Medical Malpractice- Physicians &Surgeons 1., 4.
Medical Malpractice (45)
cn
Q A7240 Other Professional Health Care Malpractice 1., 4.
«

O
§
<u <u
D A7250 Premises Liability (e.g., slip and fall)
O) Other 1.. 4.
a.
Personal Injury D A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g.,
S £ 1., 4.
Property Damage assault, vandalism, etc.)
Wrongful Death O A7270 Intentional Infliction of Emotional Distress 1..3.
(23)
1., 4.
D A7220 OtherPersonal Injury/Property Damage/Wrongful Death

LAGIV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0
LASC Approved 03-04 AND STATEMENT OF LOCATION Page 1 of 4
SHORT TITLE: CASE NUMBER
Siounit v. City of Palos Verdes Estates

A B C
Civil Case Cover Sheet Type of Action Applicable Reasons -
Category No. (Check only one) See Step 3 Above

Business Tort (07) Q A6029 Other Commercial/Business Tort (not fraud/breach of contract) 1., 3.

Civil Rights (08) D A600S Civil Rights/Discrimination 1..2., 3.

is
?>E Defamation (13) D A6010 Defamation (slander/libel) 1,2.. 3.
3 3
•—^ *•—
c o>
— c Fraud (16) D A6013 Fraud (no contract) 1..2., 3.

is
(O —
*- 4) O A6017 Legal Malpractice 1,2.3.
Professional Negligence (25)
c E D A6050 Other Professional Malpractice (not medical or legal) 1.2.3.
O «s
z o

Other(35) D A6025 Other Non-Personal Injury/Property Damage tort 2,3.

Wrongful Termination (36) Q A6037 Wrongful Termination 1,2.3.

JO I7J A6024 Other Employment Complaint Case 1., 2,3.
Q.
e
Other Employment (15)
Ui D A6109 Labor Commissioner Appeals 10.

D A6004 Breach of Rental/Lease Conlract (not unlawful detainer or wrongful
2., 5.
eviction)
Breach of Contract/ Warranty 2„ S.
(06) D A6008 Contract/Warranty 8reach -Seller Plaintiff(no fraud/negfigence)
(not insurance) 1..2..5.
D A6019 Negligent Breach of Contract/Warranty (no fraud)
1., 2,5.
D A6028 Other Breach of Contract/Warranty (not fraud or negligence)

D A6002 Collections Case-Seller Plaintiff 2., 5.. 6.
c Collections (09)
o D A6012 Other Promissory Note/Collections Case 2., 5.
o

Insurance Coverage (18) Q A6015 Insurance Coverage (not complex) 1,2,5,8.

a A6009 Contractual Fraud 1..2..3..S.
Other Contract (37) • A6031 Tortious Interference 1., 2. 3, 5.

• A6027 Other Contract Oisputefnot breach/insurance/fraud/negligence) 1,2,3,8.

Eminent Domain/Inverse
Condemnation (14) D A7300 Eminent Domain/Condemnation Number of parcels 2.

<D
Wrongful Eviction (33) D A6023 Wrongful Eviction Case 2,6.
O

D A6018 Mortgage Foreclosure 2.. 6.

Other Real Property (26) O A6032 Quiet Title 2.. 6.

D A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure) 2,6

Unlawful Detainer-Commercial
(31)
D A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) 2.6.

Unlawful Detainer-Residential
(32)
O A6020 Unlawful Detainer-Residential(not drugs or wrongful eviction) 2,6.

Unlawful Detainer-
D A6020F Unlawful Detainer-Post-Foreclosure 2.. 6.
Post-Foreclosure (34)

Unlawful Detainer-Drugs (38) D A6022 Unlawful Detainer-Drugs 2., 6.

LAGIV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0
LASG. Approved 03-04 AND STATEMENT OF LOCATION Page 2 of 4
SHORT TITLE. CASE NUMBER
Siounit v. City of Palos Verdes Estates

A B c
Civil Case Cover Sheet Type of Action Applicable Reasons -
Category No. (Check only one) See Step 3 Above

Asset Forfeiture (05) D A6108 Asset Forfeiture Case 2., 6.

Petition re Arbitration (11) O A6115 Petition to Compel/ConfirmA/acate Arbitration 2., 5.
>

on
• A6151 Writ - Administrative Mandamus 2,8.
o Writ of Mandate (02) ' • A6152 Writ - Mandamus on Limited Court Case Matter 2.

Q A6153 Writ-Other Limited Court Case Review 2.

Other Judicial Review (39) D A6150 Other Writ/Judicial Review 2.. 8.

Antitrust/Trade Regulation (03) O A6003 Antitrust/Trade Regulation 1,2,8

Construction Defect (10) D A6007 Construction Defect 1.2., 3.

Claims Involving Mass Tort
a. (40)
D A6006 Claims Involving Mass Tort 1„ 2.. 8.
E
o
O
Securities Litigation (28) Q A6035 Securities LitigationCase 1., 2, 8.
«
c
o
Toxic Tort
O A6036 Toxic Tort/Environmental 1.. 2., 3., 8.
Environmental (30)

Insurance Coverage Claims
D A6014 Insurance Coverage/Subrogation (complex case only) 1., 2, 5.,8.
from Complex Case (41)

Q A6141 Sister State Judgment 2,9.

a A6160 Abstract of Judgment 2„6.
E D A6107 Confession of Judgment (non-domestic relations) 2„9.
Enforcement
of Judgment (20) O A6140 Administrative Agency Award (not unpaid taxes) 2.8.

UJ o O A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax 2.8.

D A6112 Other Enforcement of Judgment Case 2.8,9.

RICO (27) O A6033 Racketeering (RICO) Case 1.. 2., 8.
i2
o
a>
a. D A6030 Declaratory Relief Only 1..2..8.'
10 h

o
Other Complaints D A6040 Injunctive Relief Only (not domestic/harassment) 2,8.
o
o
in (Not Specified Above) (42)
5=
.> Q A6011 Other Commercial Complaint Case (non-tort/non-complex) 1,2,8.

D A6000 Other Civil Complaint (non-tort/non-complex) 1,2.8.

Partnership Corporation
Governance (21) D A6113 Partnership and Corporate Governance Case 2,8

O A6121 Civil Harassment 2.. 3., 9.
2 <*
85 §
<u ~
D A6123 Workplace Harassment 2,3.9.
c •=
JS" «> D A6124 Elder/Dependent Adult Abuse Case 2.. 3., 9.
« a- Other Petitions
o r=
</>•• > (Nol Specified Above) D A6190 Election Contest 2.
S.o (43)
r...i O A6110 Petition for Change of Name 2„ 7.

(Y> D A6170 Petition for Relief from Late Claim Law 2., 3., 4, 8.
O A6100 Other Civil Petition 2,9.

f>;

LASIV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0
LASS Approved 03-04 AND STATEMENT OF LOCATION Page 3 of 4
SHORT TITLE: CASE NUMBER
Siounit v. City of Palos Verdes Estates

Item III. Statement ofLocation: Enter theaddress oftheaccident, party's residence orplace ofbusiness, performance, orother
circumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in thecourt location you selected.

AOORESS:

REASON: Check the appropriate boxes for the numbers shown City of Palos Verdes Estates
under Column C for the type of action that you have selected for 340 Palos Verdes Dr West
this case.

• 1. D2. 03. D4. D5. D6. D7. D8. Q9. D10.

OTY: STATE; ZIP CODE:

Palos Verdes CA 90274

Item IV. Declaration ofAssignment. Ideclare under penalty ofperjury under thelaws oftheStateofCalifornia thattheforegoing istrue
and correct and that the above-entitled matter is properly filed for assignment to the Stanley Mosk courthouse in the
Central
District of the SuperiorCourtof California, County of Los Angeles [CodeCiv. Proa, § 392 et seq., and Local
Rule 2.0, subds. (b), (c) and (d)J.

Dated: 01/28/2013
(SIGNATURE OF ATTORN£Y/FILIN<4 PARTY)

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY
COMMENCE YOUR NEW COURT CASE:

1. Original Complaint or Petition.

2. Iffiling a Complaint, a completed Summons form for issuance by the Clerk.
3 Civil Case Cover Sheet, Judicial Council form CM-010.

4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev
03/11).

5 Payment in full of the filing fee, unless fees have been waived.

6. Asignedorderappointing the Guardian ad Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is a
minor under 18 years of age will be required by Court in order to issue a summons.

7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum
must be served along with the summons and complaint, or other initiating pleading in the case.

LACW 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0
LASC, Approved 03-04 AND STATEMENT OF LOCATION Page 4 of 4