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1 (12) FOR CIVIL PENALTIES PURSUANT


TO CALIFORNIA LABOR CODE
2 SECTION 2698, ET SEQ.

3 (13) DEFAMATION PER SE

4 (14) NEGLIGENT HIRING, RETENTION


& SUPERVISION
5
(15) INTENTIONAL INFLICTION OF
6 EMOTIONAL DISTRESS

7 (16) NEGLIGENT INFLICTION OF


EMOTIONAL DISTRESS
8
DEMAND FOR TRIAL BY JURY
9

10
Plaintiff JANE DOE (hereinafter MS. DOE or PLAINTIFF) complains and
11
alleges as follows:
12

13
INTRODUCTION
14
1. Defendants AIR HOLLYWOOD and THE PAN AM EXPERIENCE, which
15
bill themselves as the worlds largest aviation-themed entertainment studio, are a seething cesspool
16
of sexual harassment in which the owner, Defendant TALAAT CAPTAN (CAPTAN), views his
17
female employees and customers as sex objects who are, or should be, available on demand to satisfy
18
his sexual needs and desires. Indeed, Defendant Captan tells his female employees that they are
19
objects that he owns and he refers to them by using sexually degrading epithets including calling
20
them whores. Defendant CAPTAN incessantly talks about his desire (or lack thereof) to fuck
21
his young female employees or jack off to them, he leers at his female employees and his female
22
customers from head-to-toe as he checks them out, makes comments about their bodies (whether
23
he deems them to be too fat and/or their breasts and buttocks to be too small or large), and he loudly
24
expresses his opinions about the types of food that his female employees should eat (or not eat) and
25
whether he thinks they need to workout.
26

27
2. Defendant CAPTAN coerces his young female employees to participate in
28
after hours pornography shoots on work premises including those shared with Defendant The Pan
2
Complaint for Damages
1 Am Experience.

3 3. Although married, Defendant CAPTAN also creates a sexually hostile work

4 environment by bitterly complaining about his wife, their marriage including that he and his wife

5 live separate lives and my wife does what she wants and I do what I want and he grumbles

6 about how he and his wife have an unsatisfactory sex life as he attempts to and does have sex with

7 other women including attempting to sleep with his young, attractive, female employees. And, when

8 his female employees spurn him (as they often do), he then retaliates against them and/or begs them

9 to set him up with their female friends. Realizing that his conduct is inappropriate and as his wife is

10 rightfully suspicious of him, Defendant CAPTAN has ordered all of his employees to conceal from

11 his wife (and from his wifes niece, Christina Kerrer, who worked for Defendant AIR

12 HOLLYWOOD) whenever he is away from work on one of his regular dalliances.

13

14 4. Despite the fact that his female employees have, for years, routinely

15 complained to Defendant CAPTAN about his sexually inappropriate conduct and then quit when he

16 refused to stop sexually harassing and/or retaliated against them, Defendant CAPTAN views it as his

17 right to prey upon his female employees. Indeed, Defendant CAPTANs conduct is so egregious that

18 even AIR HOLLYWOODs Chief Revenue Officer, Robert Shalhoub, has admitted to several of

19 Defendant CAPTANs victims that Defendant CAPTAN is like Donald J. Trump in his derogatory

20 attitudes about and toward women. Unfortunately, while Mr. Shalhoub acknowledges that

21 Defendant CAPTANs sexual conduct is inappropriate when CAPTAN is out of earshot, Mr.

22 Shalhoub apparently does not have the intestinal fortitude to make the same statements to Defendant

23 CAPTANs face. Nor does Mr. Shalhoub do anything (other than sympathizing with them) to

24 protect these employees.

25

26 5. Although Defendant CAPTAN brags about his supposed relationships with

27 Disney, WB, ABC, ABC Family, CBS, Fox, HBO, Showtime, NBC-Universal, Paramount, 20th

28 Century Fox, Sony Pictures, DreamWorks, Lionsgate, Netflix, Hulu, FX, and Amazon Studios, he is

3
Complaint for Damages
1 secretive about the pornography shoots that he conducts at Defendants AIR HOLLYWOOD and

2 THE PAN AM EXPERIENCE and the fact that he attempts to persuade his young attractive female

3 employees to participate in those pornography shoots because he does not want to jeopardize his

4 business relationships with those companies. Indeed, Defendant CAPTAN earns significant

5 revenues from these movies and television shows which are shot on his work premises many of

6 which star and are designed for women and families including the following:

7 Bridesmaids

8 Super Girl

9 Modern Family

10 Pretty Little Liars

11 Blackish

12 Greys Anatomy

13 Get Him To The Greek

14 The Wolf of Wall Street

15

16 JURISDICTION AND VENUE

17 6. The Court has personal jurisdiction over the defendants because they are

18 residents of and/or doing business in the State of California.

19

20 7. Venue is proper in this county in accordance with Section 395(a) of the

21 California Code of Civil Procedure because the defendants, or some of them, reside in this county,

22 and the injuries alleged herein occurred in this county. Venue is also proper in this county in

23 accordance with Section 12965(b) of the California Government Code because the unlawful

24 practices alleged by MS. DOE in violation of the California Fair Employment and Housing Act [Cal.

25 Govt Code 12940, et seq.] were committed in this county. In the alternative, venue is

26 appropriate in this county in accordance with Section 395(a) and Section 395.5 of the California

27 Code of Civil Procedure because defendants and MS. DOE contracted to perform their obligations in

28 this county, the contract was entered into in this county, and because the liability, obligation and

4
Complaint for Damages
1 breach occurred within this county.

3 PARTIES

4 8. Plaintiff JANE DOE is an individual who, at various relevant times during the

5 events alleged herein, resided in Los Angeles County, State of California. MS. DOE was employed

6 by defendants AIR HOLLYWOOD, INC. and THE PAN AM EXPERIENCE, as a Prop House

7 Associate and then, due to her stellar performance, she was promoted to the position of Prop House

8 Manager.

10 9. MS. DOE is informed and believes, and thereon alleges, that defendants AIR

11 HOLLYWOOD, INC., THE PAN AM EXPERIENCE, and DOES 1 through 25 (collectively

12 hereinafter referred to as AIR HOLLYWOOD or the Company), and each of them, are, and at all

13 times herein mentioned were, limited liability companies, corporations or other business entities

14 qualified to and doing business in the State of California. MS. DOE is further informed and

15 believes, and thereon alleges, that defendant AIR HOLLYWOODs principal offices are located in

16 the State of California, and that said defendants are and were, at all relevant times mentioned herein,

17 employer[s] within the meaning of Sections 12926(d) and 12940(j)(4)(A) of the California

18 Government Code.

19

20 10. MS. DOE is informed and believes, and thereon alleges, that defendant

21 TALAAT CAPTAN (hereinafter CAPTAN) is an individual who, at all relevant times herein

22 mentioned, was employed as defendant AIR HOLLYWOODs Chief Executive Officer and MS.

23 DOEs supervisor. As such, defendant CAPTAN was an officer and/or managing agent of defendant

24 AIR HOLLYWOOD and held supervisory authority over MS. DOE. MS. DOE is informed and

25 believes, and thereon alleges, that defendant CAPTAN is an individual who, at various relevant

26 times during the events alleged herein, resided in Los Angeles County, State of California, and was

27 and is a citizen of California.

28

5
Complaint for Damages
1 11. The true names and capacities, whether corporate, associate, individual or

2 otherwise of defendants DOES 1 through 50, inclusive, are unknown to PLAINTIFF, who therefore

3 sue said defendants by such fictitious names. Each of the defendants designated herein as a DOE is

4 negligently or otherwise legally responsible in some manner for the events and happenings herein

5 referred to and caused injuries and damages proximately thereby to PLAINTIFF, as herein alleged.

6 PLAINTIFF will seek leave of Court to amend this Complaint to show their names and capacities

7 when the same have been ascertained.

9 12. At all times mentioned herein, defendants, and each of them, were the

10 agents, representatives, employees, successors, assigns, parents, subsidiaries and/or affiliates, each of

11 the other, and at all times pertinent hereto were acting within the course and scope of their authority

12 as such agents, representatives, employees, successors, assigns, parents, subsidiaries and/or affiliates.

13

14 13. MS. DOE is informed and believes, and thereon alleges, that each defendant

15 named in this Complaint, including DOES 1 through 50, inclusive, knowingly and willfully acted in

16 concert, conspired and agreed together among themselves and entered into a combination and

17 systemized campaign of activity to, inter alia, damage MS. DOE and to otherwise consciously and/or

18 recklessly act in derogation of MS. DOEs rights, and the trust reposed by MS. DOE in each of said

19 defendants, said acts being negligently and/or intentionally inflicted.

20

21 14. Said conspiracy, and defendants concerted actions, were such that, to the

22 information and belief of MS. DOE, and to all appearances, defendants and each of them,

23 represented a unified body so that the actions of one defendant were accomplished in concert with,

24 and with knowledge, ratification, authorization and approval of each of the other defendants.

25

26 15. At all times set forth herein, the acts and omissions of each defendant

27 caused, led and/or contributed to the various acts and omissions of each and all of the other

28 defendants, legally causing the injuries as set forth.

6
Complaint for Damages
1 FACTS COMMON TO ALL CAUSES OF ACTION

2 16. Located in Pacoima, California, Defendants AIR HOLLYWOOD, INC. and

3 THE PAN AM EXPERIENCE (AIR HOLLYWOOD) are a specialty motion picture production

4 studio and prop house that provide multiple airplane interiors as filming locations. Bringing in over

5 $1 million in revenue per year, Defendant AIR HOLLYWOOD has served hundreds of clients

6 including every major studio and production company in Hollywood. Indeed, Defendant AIR

7 HOLLYWOODs clients include prominent companies including Disney, Warner Bros., NBC

8 Universal, DreamWorks, Lionsgate, Hulu, Amazon Studios, CBS, Paramount, 20th Century Fox,

9 Netflix, HBO, Showtime, Sony Pictures, and ABC, among others.

10

11 17. Defendant TALAAT CAPTAN is the owner of and highest-level official at

12 defendant AIR HOLLYWOOD. In addition to Defendant AIR HOLLYWOOD, Defendant

13 CAPTAN also owns and operates the Pan Am Experience, a mock flight experience in which

14 flight attendants serve diners a 1970-vintage, first-class meal and conduct a fashion show aboard a

15 vintage Pan Am airliner.

16

17 18. In fall 2014, Plaintiff JANE DOE (MS. DOE), optimistic about building a

18 career for herself, moved to Los Angeles to pursue a career in film production. She was ecstatic

19 when she was hired by Defendant AIR HOLLYWOOD in or about March 2015 as its Prop House

20 Associate at its Los Angeles, California location. At all times during her employment, MS. DOEs

21 direct supervisor was Defendant AIR HOLLYWOODs Chief Executive Officer, Defendant

22 CAPTAN.

23

24 19. Despite Defendant AIR HOLLYWOODs motto that it fosters an employment

25 environment that values comradery, and despite Defendant AIR HOLLYWOODs purported

26 commitment to helping and empowering people, MS. DOE learned shortly after she was hired that,

27 in reality, Defendant CAPTAN had a long-standing pattern and practice of sexually harassing and

28 assaulting female employees, female clients and potential female clients.

7
Complaint for Damages
1 20. MS. DOE also learned that despite its impressive roster of clients, Defendant

2 AIR HOLLYWOOD routinely steals from and otherwise takes advantage of not only the clients that

3 retain Defendant AIR HOLLYWOOD but also its employees. For instance, when a client returns a

4 prop, Defendant AIR HOLLYWOOD charges the client for all past wear and tear on the prop, and

5 makes the client pay the replacement cost for the entire prop even if there is no wear and tear at all,

6 or the wear and tear is marginal. Defendant AIR HOLLYWOOD also, as a matter of practice,

7 overcharges all clients for shipping. Defendant AIR HOLLYWOOD also retaliates against those

8 clients which choose to use another production studio for filming, but which rent props from

9 Defendant AIR HOLLYWOOD. In particular, if a client rents props from Defendant AIR

10 HOLLYWOOD, but uses a competitors airplane for a filming location, Defendant AIR

11 HOLLYWOOD triple charges the client on props in retaliation. Similarly, as alleged in further detail

12 below, Defendant AIR HOLLYWOOD engages in wage theft by stealing wages from its employees

13 among other things, Defendants CAPTAN and Defendant AIR HOLLYWOOD falsify and

14 fraudulently alter employee time cards to pay them lower wages than that to which they are legally

15 entitled and they also failed to pay MS. DOE and other employees overtime, as well as wages for

16 missed meal and rest periods.

17

18 21. Moreover, while Defendant AIR HOLLYWOOD lauds its commitment to

19 spark[ing] important conversations, as MS. DOE would soon learn, Defendants CAPTAN and

20 AIR HOLLYWOOD wanted nothing of the sort. Instead, Defendants AIR HOLLYWOOD and

21 CAPTAN are not only unrepentant about Defendant CAPTANs longstanding sexual harassment but

22 they affirmatively retaliate against those female employees such as MS. DOE who dare to complain

23 about Defendant CAPTANs sexual harassment.

24 \\\

25 \\\

26 \\\

27 \\\

28 \\\

8
Complaint for Damages
1 I. Defendant CAPTAN Is A Serial Sexual Harasser Who Objectified And Sexually

2 Harassed His Female Employees Long Before MS. DOE Began To Work

3 For Him.

4 22. Long before MS. DOE began working for Defendant AIR HOLLYWOOD

5 and unbeknownst to MS. DOE when she accepted Defendant AIR HOLLYWOODs offer of

6 employment her direct supervisor, Defendant CAPTAN had a pattern and practice of creating a

7 sexually hostile and intimidating work environment for female employees. This environment

8 included, among other things, the following inappropriate sexual and otherwise discriminatory

9 conduct:

10 Attempting to use his leverage as the employer to coerce his female employees

11 to participate in pornographic films on company premises;

12 Telling female employees that they were objects that he own[ed];

13 Calling female employees sexually degrading epithets including, whores;

14 Making inappropriate sexual remarks about the clothing and bodies of female

15 employees;

16 Attempting to have sexual relations with the female employees;

17 Accusing female employees of fucking their male colleagues;

18 Informing female employees of his desire to fuck or sleep with other

19 female employees;

20 Speaking loudly on the telephone so that his employees could hear him talking

21 about fucking girls and jacking off to thoughts about girls with whom he

22 wanted to have sex.

23 Keeping scores of pornographic images on company computers;

24 Leering at female employees and female clients;

25 Paying female employees less than male employees for equal work consistent

26 with his negative view of women as subservient to men;

27 Mocking female employees for eating and making incessant remarks about

28 female employees weight;

9
Complaint for Damages
1 Making female employees answer the phones and wait to eat lunch until he

2 returned from lunch with male employees;

3 Telling female employees they needed to dress sexier;

4 Attempting to kiss and kissing female workers;

5 Inappropriately hugging female workers;

6 Forcing himself on female workers; and

7 Engaging in other sexually harassing conduct that created a sexually hostile

8 and discriminatory work environment.

10 23. In fact, Defendant CAPTANs victims have emerged from the woodwork to

11 paint a frightening and dire portrait of an atmosphere of unrelenting sexual harassment by Defendant

12 CAPTAN. As one former employee of Defendant AIR HOLLYWOOD, attested, in part, under

13 penalty of perjury:

14 I was repeatedly and routinely sexually harassed by Mr. Captan. For


instance, Mr. Captan had a creepy obsession with my body. He would
15
leer at me - looking me up and down and staring at my breasts and
16 buttocks - and then start to critique my body. Specifically, he would say
things like, You're so plus size, or You're so fat.
17
...
18 Mr. Captan also made repeated sexual advances towards me. In
particular, Mr. Captan often asked me if I had a boyfriend and then
19 would demand: why don't you sleep with me?! He would then tell me
20 that he and his wife lived separate lives and tell me that my wife does
what she wants and I do what I want.
21
In addition to making unwanted sexual advances towards me, Mr.
22
Captan also tried to get me to be in a pornographic film that he was
23 making. Specifically, one day he came up to me and told me, I have
offered JANE DOE and Rachel Owens this opportunity and now I am
24
offering it to you. I want you to come in and work on a late night project
25 to earn extra money. The money youll earn from the work won't be
taxed. Mr. Captan followed this up by thrusting his hips as if he was
26
having sex with an imaginary person in front of him.
27 ...
Mr. Captan treated his female employees as objects and he even told me
28
that he viewed them as such. For example, Mr. Captan loved to tell me
10
Complaint for Damages
1 that This is a mans world. Youre an object. I own you. You have to do
what I say or Ill fire you.
2

3 Mr. Captan also repeatedly called me a whore and constantly (and


falsely) accused me of fucking people in the office.
4

5
24. Likewise, a male former employee of Defendant AIR HOLLYWOOD also
6
corroborated Defendant CAPTANs sexually harassing conduct attesting, under penalty of perjury, in
7
part, as follows:
8
During my employment, I personally observed Mr. Captan being very
9
flirtatious with his female employees. In fact, he was so aggressive with
10 women that I did not feel comfortable bringing my girlfriend to meet him.

11

12 Not only was Mr. Captan flirtatious with female employees, but I
routinely heard him comment on female employee clothing (for instance,
13 saying the women needed to dress sexier) and also tell female employees
that they needed to lose weight.
14

15
25. And, yet another former female employee of Defendant AIR HOLLYWOOD
16
attested, in part, under penalty of perjury, to the following:
17
While I worked at Air Hollywood, Mr. Captan routinely made
18 inappropriate sexual remarks, and engaged in inappropriate sexual
conduct towards me and other female employees. In particular, Mr.
19
Captan would constantly talk about women in the workplace (and
20 potential employees) who he wanted to have sex with, and often said
things like, shes cute, wow, I really want to sleep with her, or I
21
wish she would sleep with me.
22
Other times Mr. Captan would ask me whether some of my young
23
female friends had boyfriends and would ask me to set him up on dates
24 with women (even if the woman was married or had a boyfriend). He
also made it clear that he was sexually attracted to the female employees
25 at the Pan Am Experience (a show that was owned and operated by Air
26 Hollywood). When he would say these things, Mr. Captan would also
complain about how unhappy he was at home, and would state that he
27 needed a girlfriend.
28

11
Complaint for Damages
1 Mr. Captan would also leer at female employees and female clients, and
objectify them by making some comment about their physical
2
appearance.
3

4
26. One female employee of Defendant AIR HOLLYWOOD described Defendant
5
CAPTANs misogyny, sexism, and gender discrimination as follows:
6
During my employment at Air Hollywood, I reported to Talaat Captan,
7 Air Hollywoods Founder and Chief Executive Officer. Mr. Captan
created a really sexist environment and I routinely heard him say
8
things that were pejorative to the women in the workplace. For
9 instance, he would always call his female employees girls, and find
some gender-specific way to put us down. Often, if he was angry at a
10 female employee, he would tell me that the female employee must be
11 having her period.

12 Mr. Captan also constantly made fun of female employees weights


and would repeatedly tell the female employees that they were eating
13
too much. I never heard him say this to male employees. Based on Mr.
14 Captans behavior, I believe he harbored a real hatred towards his
female employees specifically and women in general.
15

16 Mr. Captan treated male employees more favorably than Air


Hollywood's female employees and in fact would make the female
17
employees stay at the office and work while he took Air Hollywoods
18 male employees out for lunch. I routinely heard

19
him say, You girls cant go out for lunch today, you have to stay behind
20 and answer the phones.

21
(Emphasis added).
22

23
27. Critically, long before MS. DOE began her employment, Defendants
24
CAPTAN and AIR HOLLYWOOD were on notice that Defendant CAPTAN was engaged in
25
sexually offensive and harassing conduct. In particular, one female employee of Defendant AIR
26
HOLLYWOOD, in recounting her constructive termination to another female employee wrote in an
27
email:
28
Talaat [Captan] had been crossing the line of respect with me
12
Complaint for Damages
1 increasingly each time I came into the office. At first I thought it was
misplaced flirting from someone with bad understanding of culture and
2
behaviour. I ignored it. But it got worse, so I I corrected it. He repeatedly
3 asked me to leave [my boyfriend], told me about his bad marriage, asked
to take me out to expensive dinners (which I never went to), and tried to
4
hold my hand in the car when we went to the cafe up the street to talk
5 about work. I expressed that it was awkward and not acceptable
behavior and that I was not interested in anything but a professional
6 relationship with him. I thought I made myself clear and kept working.
7 However, my last visit there he crossed the line to a point where I had no
choice but to not come in anymore . . . So I wrote him an email stating
8 why I wasn't coming in anymore and that it was not acceptable and I
was very uncomfortable with his words and physical action and made
9
it very clear.
10
(Emphasis added).
11

12
II. As He Did With Many Victims Before Her, Defendant CAPTAN Sexually Harassed
13
MS. DOE.
14
28. And, so it was with MS. DOE. Almost immediately upon the commencement
15
of her employment, Defendant CAPTAN began to subject MS. DOE, whose desk was eventually
16
moved directly outside of his office, to a barrage of sexual harassment, including, among other
17
things, the following:
18

19
A. Defendant CAPTAN leered at MS. DOEs body in an inappropriately sexual
20
manner during work-related conversations, and instead of staring her in the
21
eyes, constantly looked her up and down;
22

23
B. Defendant CAPTAN repeatedly touched and aggressively grabbed MS. DOE
24
and other female employees (indeed, MS. DOE often saw him dragging or
25
pushing one young female employee through the office) including grabbing
26
MS. DOEs arms and shoulders, and putting his hands on her waist and back
27
while speaking with her;
28

13
Complaint for Damages
1 C. Defendant CAPTAN did not allow MS. DOE and other female employees to

2 go out to lunch, effectively keeping them captive, while allowing male

3 employees to eat their lunches anywhere they wished. Indeed on the rare

4 occasion MS. DOE dared leave company premises for work, defendant

5 CAPTAN would bellow upon her return, where have you been?!;

7 D. Defendant CAPTAN left his office door open, and loudly discussed fucking

8 women when he knew MS. DOE could hear him;

10 E. Defendant CAPTAN left his office door open, and loudly discussed jacking

11 off when he knew MS. DOE could hear him;

12

13 F. Defendant CAPTAN told MS. DOE she should wear jeans more often

14 informing MS. DOE that jeans were more form-fitting and revealing

15 than the dresses MS. DOE wore to work;

16

17 G. Defendant CAPTAN condoned violence against women by calling victims of

18 domestic violence including the wives of AIR HOLLYWOODs male

19 employees pejorative names and epithets, such as bitch;

20

21 H. Defendant CAPTAN minimized violence committed against women

22 including the wives of Air Hollywood's male employees saying things like,

23 he only strangled her;

24

25 I. Defendant CAPTAN incessantly informed MS. DOE that she was always

26 eating, and asked are you eating again?

27

28 J. Defendant CAPTAN called MS. DOE fat;

14
Complaint for Damages
1 K. Defendant CAPTAN informed female employees that they should stop

2 eating fast food and go to the gym; these female employees later

3 complained about this inappropriate and offensive conduct to MS. DOE;

5 L. Defendant CAPTAN informed MS. DOE that a man should not be folding

6 shirts because thats a womans job;

8 M. Defendant CAPTAN informed MS. DOE that people were surprised to see a

9 woman (MS. DOE) managing a prop house;

10

11 N. Defendant CAPTAN would physically lift female employees into the air, and

12 would hold them there even as they told him to stop; these female employees

13 later complained about this inappropriate and offensive conduct to MS. DOE;

14

15 O. Defendant CAPTAN kissed MS. DOEs forehead without her consent;

16

17 P. Defendant CAPTAN constantly talked about sex and attempted to engage

18 MS. DOE in sexual conversations. For instance, defendant CAPTAN,

19 routinely asked MS. DOE to set him up on dates with women that she knew,

20 despite the fact that defendant CAPTAN was married; other times defendant

21 CAPTAN told MS. DOE that he wanted to fuck and sleep with

22 attractive female employees and clients;

23

24 Q. Defendant CAPTAN incessantly told MS. DOE that AIR HOLLYWOOD

25 clients thought she was attractive and sexy;

26

27 R. Defendant CAPTAN used sexually degrading epithets in MS. DOEs

28 presence including, sluts, whores, and bitches;

15
Complaint for Damages
1 S. Defendant CAPTAN made it clear he was sexually attracted to MS. DOE and

2 constantly made comments about MS. DOEs appearance, telling her she

3 was beautiful; and

5 T. Defendant CAPTAN frequently demeaned MS. DOE and other female

6 employees by falsely calling them crazy.

8 29. In short, Defendant CAPTAN sexually harassed, abused, and sexually

9 assaulted MS. DOE just as he did with countless female employees before her. He also fostered an

10 environment where such conduct was condoned and acceptable. Indeed, AIR HOLLYWOODs

11 Chief Revenue Officer, Robert Shalhoub responded to an email from a potential client who

12 expressed romantic interest in MS. DOE, by replying (and copying MS. DOE): No worries, were

13 all used to [employees] crushing on [JANE DOE] I believe there is a fan site somewhere on the

14 interwebs.

15

16 III. Multiple Witnesses Will Corroborate Defendant CAPTANs Sexually Harassing

17 Conduct Toward MS. DOE.

18 30. In addition to the witnesses who have corroborated Defendant CAPTANs

19 sexual harassing conduct in general, numerous witnesses have also corroborated Defendant

20 CAPTANs specific sexual harassment towards MS. DOE. For instance, one witness testified:

21

22 I witnessed Mr. Captan tightly (and unprofessionally) hug [JANE]


and kiss her on the forehead. It was clear Mr. Captan was sexually
23
attracted to [JANE], and he told her multiple times that she was so
24 beautiful, and gorgeous, and stared at her intensely. He also made
other comments throughout the night about JANE such as you gotta
25
have a guy when you look like that.
26
Despite the fact that it was very inappropriate behavior coming from a
27 supervisor, it appeared to me that Mr. Captan felt entitled to act in this
28 manner. In particular, even though [JANE] did not reciprocate his
advances, and even though she pulled away from Mr. Captan every
16
Complaint for Damages
1 time he tried to touch her, he just kept going and hovering over
[JANE] all night long.
2

3
(Emphasis added). Another former female employee likewise testified:
4
Mr. Captan also made inappropriate sexual advances towards [JANE
5
DOE], and it was clear to me that he was sexually attracted to [JANE]
6 and in fact, had a strange obsession with [JANE]. He would often tell
me to go ask JANE if she wanted to go out to dinner with him, and I
7 routinely witnessed Mr. Captan stalking JANE around the office. It was
8 really scary. Wherever [JANE] would go, Mr. Captan would follow
even if he had no reason to be in the place where JANE would go.
9 Other times Mr. Captan would lament, Women love to fuck me. Why
wont [JANE] fuck me? [JANE] is so beautiful.
10

11 (Emphasis added).
12

13 IV. In Addition To Defendant CAPTANs Incessant Sexual Harassment, Defendant AIR


14 HOLLYWOOD Also Engaged In Wage Theft Depriving MS. DOE and Other
15 Non-Exempt Employees of Earned Wages.
16 31. Defendants AIR HOLLYWOODs and CAPTANs unlawful conduct and
17 attempts to take advantage of his employees did not end at sexual harassment. In addition to sexual
18 harassment, Defendants CAPTAN and AIR HOLLYWOOD also engaged in rampant wage theft and
19 other illegal wage and hour practices. In particular, Defendants CAPTAN and AIR HOLLYWOOD
20 did not provide MS. DOE a non-exempt employee (who neither supervised anyone nor regularly
21 exercised discretion or independent judgment) and other non-exempt employees with rest periods,
22 and often cut short MS. DOEs and the other non-exempt employees meal periods and/or forced her
23 to forgo them entirely. Oftentimes, Defendant CAPTAN would interrupt MS. DOE while she was
24 eating with some purported emergency, and expect her to stop eating and attend to his needs.
25

26 32. Moreover, although MS. DOE and other employees routinely worked more
27 than eight (8) hours per day, Defendants CAPTAN and AIR HOLLYWOOD refused and failed to
28 pay MS. DOE (and other employees) all wages that she earned. Instead, on those days when MS.

17
Complaint for Damages
1 DOE (and other employees) worked over eight (8) hours per day, Defendant CAPTAN would

2 fraudulently alter her hours worked (and the hours worked of other employees) so that Defendant

3 AIR HOLLYWOODs timekeeping system only reflected eight (8) hours per day. This conduct has

4 been corroborated by percipient witnesses. For instance, one witness recounted:

5 Part of my job duties was to collect employee timesheets and then pass
them on to Mr. Captan to get his approval before I issued the payroll
6
checks. However, whenever I gave Mr. Captan a timesheet where a
7 non-exempt employee reported that he or she worked over eight hours in
a day, Mr. Captan would cross out any hours in excess of eight, and
8
change the employee timesheet to make it look like the employee did not
9 work overtime.

10 I protested this conduct to Mr. Captan and told him it wasn't right but he
11 would always respond with words to the effect of: I am the owner of
this company and I can do whatever I want.
12 (Emphasis added).
13

14 33. In fact, as recently as July 13, 2017, the California Labor Commissioner,
15 recognizing that Defendants CAPTAN and AIR HOLLYWOOD engage in illegal wage practices,
16 ruled against Defendants and awarded one former non-exempt employee unpaid overtime
17 compensation, waiting time penalties and liquidated damages. In doing so, the California Labor
18 Commissioner concluded that Defendants failed to pay overtime compensation, mis-classified the
19 employee as an independent contractor and intentionally and illegally deducted money from the
20 employees final paycheck.
21

22 34. In addition to failing to pay MS. DOE and other non-exempt employees wages
23 for overtime, and for missed meal and rest periods, Defendants CAPTAN and AIR HOLLYWOOD
24 also failed to pay MS. DOE promised commission payments. In particular, when Defendant
25 CAPTAN made MS. DOE a Prop House Manager in or about January 2016, Defendant CAPTAN
26 promised to continue his practice of paying commissions on prop rentals to MS. DOE. Indeed, Ms.
27 DOE is informed and believes and thereon alleges that the male employee who held this position
28 before MS. DOE made 10% of the total monthly rental payments if rentals exceeded $20,000 per

18
Complaint for Damages
1 month and 15% of the total monthly rental payments if rentals exceeded $30,000 per month.

3 35. When MS. DOE exceeded $20,000.00 in prop rentals in her first month as

4 Prop House Manager, MS. DOE asked Defendant CAPTAN why she was not paid her promised

5 commissions. He vaguely stated: I want to see how you do for a few months. Thereafter, every

6 time MS. DOE complained to Defendant CAPTAN that she was not receiving her commissions,

7 Defendant CAPTAN changed the subject or otherwise refused to discuss MS. DOEs commissions

8 with her. Defendant CAPTANs failure to pay MS. DOE equal pay for equal work as compared to

9 Defendant AIR HOLLYWOODs male employees is consistent with witness testimony in this case.

10 Critically, as one witness declared under penalty of perjury:

11 Air Hollywood was an incredibly sexist place and women in the


workplace were not only treated like sex objects, but they were paid
12
less than male employees even though we were performing equal
13 work. For instance, although I performed the same job as one of my
male co-workers who was not as qualified and not as educated as me,
14
and I brought in more business than him, he was paid more than me.
15 Shortly after I started I assumed my male supervisors duties. Even after
I assumed my male supervisors duties, I still was not paid the same as
16 my supervisor was paid.
17
(Emphasis added).
18

19
IV. Desperate to Stem the Tide of Defendant CAPTANs Advances and Rectify AIR
20
HOLLYWOODs Illegal Wage Practices, MS. DOE Complains Verbally
21
And In Writing to CAPTAN.
22
36. MS. DOE desperately wanted Defendant CAPTANs sexual harassment and
23
illegal wage practices to stop, but she was also terrified of reporting his abusive conduct. Indeed, it
24
was well-known throughout the office that Defendant CAPTAN had a volatile temper, often
25
screaming at and berating Defendant AIR HOLLYWOOD employees. Thus, MS. DOE tried her
26
best to keep her head down, stay quiet, and do her job.
27
\\\
28

19
Complaint for Damages
1 37. By December 2016, however, MS. DOE reached her breaking point. She was

2 constantly nauseous and starting to vomit daily from the stress. MS. DOE also was barely sleeping

3 from the anxiety and depression caused by Defendant CAPTANs abusive conduct.

5 38. Thus, although she was afraid of being fired, MS. DOE felt obligated to raise

6 her concerns directly to Defendant CAPTAN indeed, Defendant AIR HOLLYWOOD does not

7 have a Human Resources department. She knew she had to stand up for herself and at least try to

8 make Defendant CAPTANs conduct stop.

10 39. Specifically, on December 14, 2016, after years of sexual harassment, MS.

11 DOE wrote a letter to Defendant CAPTAN directly to complain about his conduct. MS. DOE started

12 her letter by stating:

13 I am writing you this letter because the level of sexual and gender
harassment that I have been experiencing from you has reached a boiling
14
point in recent months and I cannot continue like this. I am so stressed
15
out that I went to see my doctor yesterday and he has recommended
16 that I go out of work on an immediate stress leave if I can't convince
you to end the unwanted sexual remarks and comments, looks, and
17
touches that make me feel like you view myself and other women as no
18
more than sex objects who are or should be available for your sexual
19 gratification and comments.

20
(Emphasis added). MS. DOE then identified multiple incidents of sexual harassment which she
21
informed Defendant CAPTAN were unacceptable in the workplace.
22

23
40. MS. DOE concluded her letter to Defendant CAPTAN by further
24
protesting to Defendant CAPTAN that:
25
I feel that it is unacceptable that you do not allow some of us to take our
26 lunch and rest breaks or you feel free to interrupt our lunch breaks and
expect us to stop eating and immediately perform one task or another for
27
you. And I think you should stop changing our hours to make it look
28
like we worked 8 hours in a day, even if we actually worked overtime.
20
Complaint for Damages
1 41. In a meeting on Wednesday, December 14, 2016, MS. DOE, with two other

2 AIR HOLLYWOOD employees present, including AIR HOLLYWOODs Chief Revenue Officer,

3 Robert Shalhoub, and Crystal Weinstein, MS. DOE handed her written letter to Defendant

4 CAPTAN. As she did so, MS. DOE also orally complained to Defendant CAPTAN that she had

5 been mistreated for far too long, listed several instances of sexual harassment, and informed

6 Defendant CAPTAN that she wanted him to read her letter which detailed his harassment.

8 42. In response to MS. DOEs sincere, heartfelt complaints, Defendant CAPTAN

9 immediately became angry and defensive. He informed MS. DOE that he was merely joking. He

10 then threatened to humiliate MS. DOE for her complaints by calling a company-wide meeting in

11 which he would inform all employees that they should no longer joke with MS. DOE. MS. DOE

12 was dismayed. She informed Defendant CAPTAN that AIR HOLLYWOOD needed a Human

13 Resources department, which would provide employees with a way to complain without fear of

14 retaliation. Defendant CAPTAN then directed MS. DOE to email him a copy of her letter, which she

15 did that same day. In her email, MS. DOE again raised objections to Defendant CAPTANs

16 harassment, writing:

17 Talaat,

18
Per your request, I am sending this letter via email as well. I would like
19
to remind you, as discussed in our conversation, that this matter has
20 nothing to do with jokes. These are very serious issues, and I ask
you to be respectful of heir [sic] gravity. Nothing about these instances
21
had anything do [sic] do with joking. They are about harassment and
22
making my work environment unbearably hostile.
23 (Emphasis added).

24

25 43. Later that day, Robert Shaloub, Defendant AIR HOLLYWOODs Chief

26 Revenue Officer approached MS. DOE and told her that she was courageous for speaking up and

27 offered, maybe this will be what gets us an HR department.

28 \\\

21
Complaint for Damages
1 V. In Response to MS. DOEs Sexual Harassment Complaints, Defendant

2 CAPTAN Swiftly Retaliates Against MS. DOE, and Sends MS. DOE a Long-Winded

3 & Vituperative Letter, Rife With Admissions.

4 44. The very next day, on December 15, 2016, Defendant CAPTAN moved his

5 work station to an empty desk located just behind MS. DOEs desk. Defendant CAPTANs decision

6 to move his work station directly behind MS. DOE was a clear attempt to intimidate and retaliate

7 against MS. DOE for her complaints. Indeed, in all of MS. DOEs years at the company, Defendant

8 CAPTAN had only worked from an enclosed office. Defendant CAPTANs attempts to intimidate

9 MS. DOE were so glaring that when she tried to eat her lunch in the company lobby to get away

10 from Defendant CAPTAN, he followed her there and loitered there throughout her lunch period.

11

12 45. At the end of the day on December 15, 2016, Defendant CAPTAN hand

13 delivered a written response to MS. DOE regarding her complaints of his illegal activity. Rather

14 than offering a sincere apology, initiating an investigation, establishing a human resources

15 department or retaining a human resources professional, or taking any type of corrective action in

16 response to MS. DOEs complaints, Defendant CAPTAN took no action whatsoever. Instead,

17 defendant CAPTAN:

18

19 Mocked MS. DOE for her letter, calling her complaints extraneous

20 irrelevant crap;

21

22 Informed MS. DOE that she was well aware of the casual and friendly

23 environment we run, and, in a classic case of blaming the victim, informed

24 her that she had taken advantage of this environment;

25

26 Admitted that he called MS. DOE fat but justified it as friendly banter;

27

28 Chastised MS. DOE for opposing sexual harassment being perpetrated by

22
Complaint for Damages
1 Defendant CAPTAN on other female employees (which MS. DOE found

2 personally offensive), telling her it was inappropriate for [her] to speak for

3 other female employees;

5 Chastised MS. DOE for raising concerns about how [defendant CAPTAN]

6 address[ed] or treat[ed] [his] clients;

8 Dismissed MS. DOEs complaint about him loudly talking about jacking off

9 as silly, and informed her that he was a loud and open talker; and

10

11 Accused MS. DOE of trying to fabricate a false harassment claim and

12 informed her that he would not change the manner in which he dealt with

13 his employees or clients, or the manner in which he ran his company.

14

15 46. With respect to MS. DOEs complaints about Defendant AIR

16 HOLLYWOODs wage and hour practices, Defendant CAPTAN further (and contradicting all

17 California law on the subject) informed MS. DOE that if you are at your desk I can assume you are

18 working and I have no idea what a rest break is and do not believe company policy requires me

19 to give you a rest break. Defendant CAPTANs statement about MS. DOEs eating her lunch at

20 her desk was particularly ironic given that Defendant CAPTAN would not allow MS. DOE to leave

21 company premises for lunch.

22

23 VI. MS. DOE Protests Defendant CAPTANs Retaliation.

24 47. On December 17, 2016, MS. DOE, who was desperately trying to

25 salvage her job and ensure that Defendant AIR HOLLYWOOD became a tolerable place for her to

26 work, emailed Defendant CAPTAN another letter. In her letter, MS. DOE wrote to Defendant

27 CAPTAN:

28 I feel that you are now retaliating against me because I complained to

23
Complaint for Damages
1 you in writing and verbally on December 14, 2016 about your sexual and
gender harassment of me.
2

3
In the two years that I have worked here, you have never worked from
4 the empty desk behind mine. You have always worked from your
office. Now, all of a sudden, the day after my complaints, you decided
5
to work from the desk directly behind mine and hover over me all day.
6

7
I feel that you are doing this to put pressure on me, make me feel
8
uncomfortable and unsafe, and make me feel like I am being watched
9
and micromanaged throughout the entire work day so that I will quit.
10 And I feel that you will look for any minor alleged mistake I make and
try to use it as a reason to fire me if I don't quit.
11

12
Also, given all of the unwanted and hostile sexual- and gender-related
13 comments and touching you have put me through, your presence several
feet away from me all day makes the hostile work environment that
14
much worse.
15

16 I request that instead of hovering over me all day, you address the
problems I raised in my letter of December 14.
17

18
(Emphasis added).
19

20
VII. Defendant CAPTAN Continues and Amplifies His Retaliation Against MS. DOE,
21
Creating Such Miserable Working Conditions That No Reasonable Female Employee
22
Would Continue Working in Her Position.
23
48. Rather than cease his retaliatory and harassing conduct, Defendant CAPTAN
24
stayed put behind MS. DOEs desk. He also began yelling at all other employees who were required
25
to interact with MS. DOE as part of their job duties.
26

27
49. As the days turned into weeks, it became increasingly clear that Defendant
28
CAPTAN was intent on forcing MS. DOE to resign, and by the time MS. DOE came home from
24
Complaint for Damages
1 work on Wednesday evening, December 28, 2016, she knew she could not return to such a hostile

2 environment, with such intolerable working conditions. Just the thought of returning to work the

3 following day nauseated her, and filled her with panic and anxiety. MS. DOE was also experiencing

4 terrible stomach pain from vomiting due to all of the stress, and her throat burned from the acid

5 reflux caused by the vomiting; it was clear to MS. DOE that Defendant CAPTAN would continue to

6 bully her until she resigned.

8 50. Thus, when she went to work on Thursday, December 29, 2016, having

9 exhausted her ability to rectify the hostile work environment, MS. DOE hand delivered a letter to

10 Defendant CAPTAN informing him of her resignation. MS. DOE informed Defendant CAPTAN

11 that she was resigning because she could no longer stand the way in which [Defendant CAPTAN

12 had] treated her since she complained about his sexual and gender harassment and that, since her

13 complaints of Defendant CAPTANs unlawful conduct, defendant CAPTAN had begun to retaliate

14 against her. MS. DOE informed Defendant CAPTAN that his conduct was causing [her] so much

15 stress and anxiety that [she] not only [felt] sick and achy every single day but [she had] trouble

16 sleeping at night and [felt] like if this continu[ed], [she would] have a nervous breakdown.

17 (Emphasis added).

18

19 51. Accordingly, on December 29, 2016, MS. DOE was constructively

20 discharged, as she was forced to resign her position with AIR HOLLYWOOD. Indeed, no individual

21 subjected to defendant CAPTANs harassing and abusive conduct would have continued working in

22 MS. DOEs position.

23

24 52. At the time of MS. DOEs termination, AIR HOLLYWOOD also

25 failed to pay MS. DOE for her unpaid overtime, as well as wages for missed meal and rest periods,

26 and further failed to pay MS. DOE any waiting time penalties which to which she was entitled.

27

28

25
Complaint for Damages
1 VIII. Defendant CAPTAN Defames MS. DOE.

2 53. MS. DOE is informed and believes and thereon alleges that, subsequent to

3 MS. DOEs constructive termination, defendant CAPTAN, in an effort to falsely justify the illegal

4 actions of CAPTAN and AIR HOLLYWOOD and to discredit MS. DOE, engaged in a campaign of

5 defamation against MS. DOE.

7 54. Among other things, MS. DOE is informed and believes and

8 thereon alleges that defendant CAPTAN informed various individuals that MS. DOE was a whore,

9 a liar and crazy, and that her allegations of sexual harassment were false. Defendant CAPTANs

10 statements were, of course, false and were made with malice. Indeed, one of defendant CAPTANs

11 former employees attested, in part, under penalty of perjury:

12 After [JANE DOE] left Air Hollywood, Mr. Captan approached me and
asked me whether I was friends with JANE. He also asked if I knew that
13
[JANE] was suing him. After I affirmed that I did know that, Mr.
14
Captan told me that [JANEs] allegations were false, and alluded to
15 the fact that all of [JANEs] allegations were made up. I understood
Mr. Captan to be implying that [JANE] was a liar and was not
16
trustworthy.
17

18 From my experience, nothing could be further from the truth. I believe


[JANE DOE] is a very honest person, and would not make up her
19
allegations of sexual harassment against Mr. Captan.
20
(Emphasis added).
21

22
55. Prior to the filing of this action, MS. DOE filed a complaint with the
23
Department of Fair Employment and Housing (DFEH) alleging that the acts of defendants, and
24
each of them, established a violation of the Fair Employment and Housing Act, Government Code
25
Section 12900 et seq., and has received the requisite right to sue letters.
26

27
56. MS. DOE has been generally damaged in an amount within the jurisdictional
28
limits of this Court.
26
Complaint for Damages
1 FIRST CAUSE OF ACTION

2 HARASSMENT ON THE BASIS OF SEX IN VIOLATION OF THE

3 FAIR EMPLOYMENT AND HOUSING ACT

4 (CALIFORNIA GOVERNMENT CODE 12940(j))

5 (Against All Defendants)

7 57. MS. DOE realleges and incorporates by reference paragraphs 1 through 56 and

8 63 through 68 as though set forth in full.

10 58. In perpetrating the above-described actions, the defendants, and each of them,

11 including DOES 1 through 50 and/or their agents and employees, subjected MS. DOE to a

12 continuing and ongoing pattern and practice of sexual harassment in violation of California

13 Government Code Section 12940, et seq. Defendants, their agents, and supervisors, actively engaged

14 in, facilitated, fostered, approved of, knew or should have known of the unlawful harassing conduct,

15 failed to take immediate and appropriate corrective action and otherwise failed to abide by their

16 statutory duty to take all reasonable steps to prevent harassment from occurring. The harassment

17 was sufficiently pervasive or severe as to alter the conditions of MS. DOEs employment and to

18 create a hostile, intimidating and/or abusive work environment.

19

20 59. By the aforesaid acts and omissions of defendants, and each of them, MS.

21 DOE has been directly and legally caused to suffer actual damages including, but not limited to, loss

22 of earnings and future earning capacity, attorneys fees, costs of suit and other pecuniary loss not

23 presently ascertained.

24

25 60. As a further direct and legal result of the acts and conduct of defendants, and

26 each of them, as aforesaid, MS. DOE has been caused to and did suffer and continues to suffer

27 severe emotional and mental distress, anguish, humiliation, embarrassment, insomnia, fright, shock,

28 discomfort, and anxiety. The exact nature and extent of said injuries is presently unknown to MS.

27
Complaint for Damages
1 DOE. MS. DOE does not know at this time the exact duration or permanence of said injuries, but is

2 informed and believes and thereon alleges that some if not all of the injuries are reasonably certain to

3 be permanent in character.

5 61. MS. DOE is informed and believes, and thereon alleges, that the defendants,

6 and each of them, by engaging in the aforementioned acts and/or in authorizing and/or ratifying such

7 acts, engaged in wilful, malicious, intentional, oppressive and despicable conduct, and acted with

8 wilful and conscious disregard of the rights, welfare and safety of MS. DOE, thereby justifying the

9 award of punitive and exemplary damages in an amount to be determined at trial.

10

11 62. As a result of defendants acts and conduct, as alleged herein, MS. DOE is

12 entitled to reasonable attorneys' fees and costs of suit as provided in Section 12965(b) of the

13 California Government Code.

14

15 SECOND CAUSE OF ACTION

16 ASSAULT AND BATTERY

17 (Against all Defendants)

18 63. MS. DOE realleges and incorporates by reference paragraphs 1 through 56 and

19 58 as though set forth in full.

20

21 64. Defendant CAPTAN, while in the course and scope of his employment with

22 defendant AIR HOLLYWOOD, INC. and DOES 1 through 25, committed acts which resulted in

23 harmful and/or offensive contact with MS. DOEs person, to which MS. DOE did not consent.

24

25 65. Defendant CAPTAN intended to cause and did cause a harmful and/or

26 offensive contact with MS. DOE by, among other things, grabbing her arm, grabbing her arms and

27 shoulders, putting his hands on her waist and back, and kissing her forehead.

28 \\\

28
Complaint for Damages
1 66. Defendant CAPTANs conduct offended MS. DOEs sense of personal dignity

2 and would offend a reasonable persons sense of personal dignity.

4 67. MS. DOE did not consent to the conduct of defendant CAPTAN.

6 68. MS. DOE was harmed by the conduct of defendant CAPTAN, and defendant

7 CAPTANs conduct was a substantial factor in causing her harm.

9 69. Defendants AIR HOLLYWOOD, INC. and DOES 1 through 25 condoned and

10 ratified the conduct of defendant CAPTAN.

11

12 70. As a further direct and legal result of the acts and conduct of defendants, and

13 each of them, as aforesaid, MS. DOE has been caused to and did suffer and continues to suffer

14 severe emotional and mental distress, anguish, humiliation, embarrassment, insomnia, fright, shock,

15 pain, discomfort, anxiety, physical pain and suffering. The exact nature and extent of said injuries is

16 presently unknown to MS. DOE. MS. DOE does not know at this time the exact duration or

17 permanence of said injuries, but is informed and believes and thereon alleges that some if not all of

18 the injuries are reasonably certain to be permanent in character.

19

20 71. MS. DOE is informed and believes, and thereon alleges, that the

21 defendants, and each of them, by engaging in the aforementioned acts and/or in authorizing and/or

22 ratifying such acts, engaged in wilful, malicious, intentional, oppressive and despicable conduct, and

23 acted with wilful and conscious disregard of the rights, welfare and safety of MS. DOE, thereby

24 justifying the award of punitive and exemplary damages in an amount to be determined at trial.

25 \\\

26 \\\

27 \\\

28 \\\

29
Complaint for Damages
1 THIRD CAUSE OF ACTION

2 FAILURE TO PREVENT HARASSMENT

3 (Government Code 12940(k))

4 (Against Defendant AIR HOLLYWOOD, INC., and DOES 1-25)

6 72. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

7 58, and 63 through 68 as though set forth in full.

9 73. Pursuant to California Government Code Section 12940(k), Defendants owed

10 to MS. DOE the duty to take all reasonable steps necessary to prevent harassment against MS. DOE

11 based on her gender.

12

13 74. As alleged herein and in violation of California Government Code Section

14 12940(k), Defendants violated the California Fair Employment and Housing Act by, among other

15 things, failing to take all reasonable steps to prevent such harassment from occurring.

16

17 75. By the aforesaid acts and omissions of Defendants, MS. DOE has been

18 directly and legally caused to suffer actual damages including, but not limited to, loss of earnings and

19 future earning capacity, attorneys fees, costs of suit and other pecuniary loss not presently

20 ascertained.

21

22 76. As a further direct and legal result of the acts and conduct of Defendants as

23 aforesaid, MS. DOE has been caused to and did suffer and continues to suffer severe emotional and

24 mental distress, anguish, humiliation, embarrassment, insomnia, fright, shock, pain, discomfort and

25 anxiety. The exact nature and extent of said injuries is presently unknown to MS. DOE. MS. DOE

26 does not know at this time the exact duration or permanence of said injuries, but is informed and

27 believes and thereon alleges that some if not all of the injuries are reasonably certain to be permanent

28 in character.

30
Complaint for Damages
1 77. MS. DOE is informed and believes, and thereon alleges, that the Defendants,

2 by engaging in the aforementioned acts and/or in authorizing and/or ratifying such acts, engaged in

3 wilful, malicious, intentional, oppressive and despicable conduct, and acted with wilful and

4 conscious disregard of the rights, welfare and safety of MS. DOE, thereby justifying the award of

5 punitive and exemplary damages in an amount to be determined at trial.

7 78. As a result of Defendants acts and conduct, as alleged herein, MS. DOE is

8 entitled to reasonable attorneys fees and costs of suit as provided in Section 12965(b) of the

9 California Government Code.

10

11 FOURTH CAUSE OF ACTION

12 UNLAWFUL RETALIATION IN VIOLATION OF THE

13 FAIR EMPLOYMENT AND HOUSING ACT

14 (CALIFORNIA GOVERNMENT CODE 12940(h))

15 (Against Defendants AIR HOLLYWOOD, INC., and DOES 1-25)

16

17 79. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

18 58, 63 through 68, 73, and 74 as though set forth in full.

19

20 80. At all times herein mentioned, Government Code 12940 et seq. was

21 in full force and effect and was binding upon Defendants and DOES 1-25. Said statutes impose

22 certain duties upon Defendants concerning harassment and retaliation against persons, such as MS.

23 DOE, on the basis of gender or complaints of harassment, or for opposing gender based harassment

24 or discrimination. Said statutes were intended to prevent the type of injury and damage set forth

25 herein. MS. DOE was, at all times herein mentioned, a member of the class of persons intended to

26 be protected by said statutes. As alleged above, MS. DOE was retaliated against for making

27 complaints of gender harassment. Despite MS. DOEs complaints about the gender harassment to

28 which she was subjected, Defendants failed to initiate any investigation into MS. DOEs complaints

31
Complaint for Damages
1 or take any meaningful corrective action, thereby condoning the harassing conduct. Defendants

2 ultimately retaliated against MS. DOE for making the complaints by constructively firing her.

4 81. Prior to the filing of this action, MS. DOE timely filed a complaint with the

5 Department of Fair Employment and Housing (DFEH) alleging that the acts of Defendants

6 established a violation of FEHA, Government Code 12900 et. seq. MS. DOE has received a right

7 to sue letter from the DFEH against each named Defendants and has timely brought this action

8 thereafter.

10 82. As a direct, foreseeable, and legal result of Defendants harassing and

11 retaliatory acts, MS. DOE has suffered losses in earnings, attorneys fees and costs of suit and has

12 suffered and continues to suffer severe emotional and mental distress, anguish, humiliation,

13 embarrassment, insomnia, fright, shock, pain, discomfort and anxiety, all to her damage in an

14 amount in excess of the minimum jurisdiction of this Court, the precise amount of which will be

15 proven at trial.

16

17 83. MS. DOE is informed and believes and thereon alleges that

18 Defendants, by the acts of its managing agents, officers and/or directors in the aforementioned acts

19 and/or ratifying such acts, engaged in willful, malicious, intentional, oppressive and despicable

20 conduct, and acted with willful and conscious disregard of the rights, welfare and safety of MS.

21 DOE, thereby justifying the award of punitive and exemplary damages against Defendants and

22 DOES 1 through 25, in an amount to be determined at trial.

23

24 84. As a result of Defendants retaliatory and harassing acts as alleged herein,

25 MS. DOE is entitled to reasonable attorneys fees and costs of said suit as provided by California

26 Government Code 12965(b).

27 \\\

28 \\\

32
Complaint for Damages
1 FIFTH CAUSE OF ACTION

2 VIOLATION OF CAL. LABOR CODE 1102.5

3 (Against Defendants AIR HOLLYWOOD, INC., and DOES 1-25)

5 85. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

6 58, 63 through 68, 73, 74, and 80 as though set forth in full.

8 86. As alleged herein and in violation of California Labor Code Section 1102.5,

9 defendants, and each of them, retaliated against MS. DOE for her disclosure of information that she

10 had reasonable cause to believe disclosed a violation of state and federal laws, rules and regulations

11 to persons with authority over MS. DOE, and who had the authority to investigate, discover, and

12 correct the complained of violations or noncompliance. Said activities would result in a violation of

13 various state and federal statutes and regulations such as the following: (1) Section 12940 et seq. of

14 the California Government Code; (2) Section 510 of the California Labor Code; (3) Section 226.7 of

15 the California Labor Code; and (4) various other state and federal statutes and regulations.

16

17 87. By the aforesaid acts and omissions of defendants, and each of them, MS.

18 DOE has been directly and legally caused to suffer actual damages including, but not limited to, loss

19 of earnings, reliance damages, costs of suit and other pecuniary loss in an amount not presently

20 ascertained, but to be proven at trial.

21

22 88. As a further direct and legal result of the acts and conduct of defendants, and

23 each of them, as aforesaid, MS. DOE has been caused to and did suffer and continues to suffer

24 severe emotional and mental distress, anguish, humiliation, shame, embarrassment, insomnia, fright,

25 shock, pain, discomfort and anxiety. MS. DOE does not know at this time the exact duration or

26 permanence of said injuries, but is informed and believes, and thereon alleges, that some if not all of

27 the injuries are reasonably certain to be permanent in character.

28

33
Complaint for Damages
1 89. MS. DOE is informed and believes and thereon alleges that the defendants,

2 and each of them, by engaging in the aforementioned acts and/or in authorizing and/or ratifying such

3 acts, engaged in wilful, malicious, fraudulent, intentional, oppressive and despicable conduct, and

4 acted with wilful and conscious disregard of the rights, welfare and safety of MS. DOE, thereby

5 justifying the award of punitive and exemplary damages in an amount to be determined at trial.

7 90. The aforesaid acts and omissions of defendants, and each of them, justify the

8 imposition of any and all civil penalties pursuant to Cal. Labor Code 1102.5(f).

10 91. As a result of Defendants* conduct as alleged herein MS. DOE is entitled to

11 reasonable attorneys* fees and costs of suit as provided in Section 1021.5 of the California Civil

12 Procedure Code.

13

14 SIXTH CAUSE OF ACTION

15 WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY

16 (Against Defendants AIR HOLLYWOOD, INC., and DOES 1-25)

17

18 92. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

19 58, 63 through 68, 73, 74, 80, and 86 as though set forth in full.

20

21 93. As set forth herein, Defendants, and each of them, wrongfully terminated the

22 employment of MS. DOE in violation of various fundamental public policies of the State of

23 California. These fundamental public policies are embodied in:

24 A. Section 12940 et seq. of the California Government Code;

25 B. Section 1102.5 of the California Labor Code;

26 C. Section 510 of the California Labor Code;

27 D. Section 226.7 of the California Labor Code

28 E. Article I, Section 8 of the California Constitution; and

34
Complaint for Damages
1 F. Various other California and Federal statutes and codes. Such fundamental

2 public policies prohibit employers from, inter alia, harassing an employee on

3 the basis of sex, and retaliating against an employee for complaining of sexual

4 harassment, complaining about wage and hour violations and for disclosing

5 violations of state or federal statutes to her employer.

7 94. By the aforesaid acts and omissions of Defendants, MS. DOE has been

8 directly and legally caused to suffer actual damages including, but not limited to, loss of earnings and

9 future earning capacity, attorneys fees, costs of suit and other pecuniary loss not presently

10 ascertained.

11

12 95. By the aforesaid acts and omissions of Defendants, and each of them, MS.

13 DOE has been directly and legally caused to suffer actual damages including, but not limited to, loss

14 of earnings, reliance damages, costs of suit and other pecuniary loss in an amount not presently

15 ascertained, but to be proven at trial.

16

17 96. As a further direct and legal result of the acts and conduct of Defendants, and

18 each of them, as aforesaid, MS. DOE has been caused to and did suffer and continues to suffer

19 severe emotional and mental distress, anguish, humiliation, embarrassment, insomnia, fright, shock,

20 discomfort and anxiety. MS. DOE does not know at this time the exact duration or permanence of

21 said injuries, but is informed and believes, and thereon alleges, that some if not all of the injuries are

22 reasonably certain to be permanent in character.

23

24 97. MS. DOE is informed and believes and thereon alleges that Defendants, and

25 each them, by engaging in the aforementioned acts and/or in authorizing and/or ratifying such acts,

26 engaged in wilful, malicious, fraudulent, intentional, oppressive and despicable conduct, and acted

27 with wilful and conscious disregard of the rights, welfare and safety of MS. DOE, thereby justifying

28 the award of punitive and exemplary damages in an amount to be determined at trial.

35
Complaint for Damages
1 98. As a result of Defendants* conduct as alleged herein, MS. DOE is

2 entitled to reasonable attorneys* fees and costs of suit as provided in Section 1021.5 of the California

3 Civil Procedure Code.

5 SEVENTH CAUSE OF ACTION

6 FAILURE TO PAY WAGES INCLUDING OVERTIME PREMIUM PAY

7 (CALIFORNIA LABOR CODE 1194 et seq.)

8 (Against Defendants AIR HOLLYWOOD, INC., and DOES 1-25)

10 99. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

11 58, 63 through 68, 73, 74, 80, 86, and 93 as though set forth in full.

12

13 100. By the aforesaid acts and omissions of Defendants, and each of them, MS.

14 DOE was deprived of the wages to which she was entitled pursuant to the California Labor Code, the

15 California Industrial Welfare Commission's ("IWC") Wage Orders and other wage and hour laws.

16

17 101. Defendants routinely required MS. DOE to work more than eight (8) hours per

18 day, and/or forty (40) hours per week during her employment with Defendants.

19

20 102. However, Defendants failed to fully compensate MS. DOE for all wages she

21 earned, including overtime premium pay. As a result of Defendants knowing and intentional

22 policies and procedures, MS. DOE was not properly compensated for all hours she worked.

23

24 103. MS. DOE is informed and believes, and thereon alleges that the failure of

25 Defendants to fully compensate her for all hours worked was willful, purposeful, unlawful per

26 California Labor Code section 1194 et. seq., and done in accordance with the policies and practices

27 of Defendants operations.

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36
Complaint for Damages
1 104. As a direct and proximate cause of the aforementioned violations, MS. DOE

2 has been damaged in an amount according to proof at time of trial, but in an amount in excess of the

3 jurisdiction of this Court. MS. DOE is entitled to recover the unpaid balance of all wages owed,

4 penalties, reasonable attorney fees and costs of suit according to the mandate of California Labor

5 Code Section 1194, et seq.

7 EIGHTH CAUSE OF ACTION

8 FAILURE TO PROVIDE REST PERIODS

9 (Against Defendants AIR HOLLYWOOD, INC., and DOES 1-25)

10

11 105. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

12 58, 63 through 68, 73, 74, 80, 86, 93, and 100 through 103 as though set forth in full.

13

14 106. At all times herein set forth, California Labor Code 218 authorizes

15 employees to sue directly for any wages or penalty due to them under the Labor Code.

16

17 107. At all times herein set forth, the Industrial Welfare Commission (IWC)

18 Wage Orders and California Labor Code 226.7(a) and 512(a) were applicable to Defendants and

19 their employees including MS. DOE.

20

21 108. At all times herein set forth, California Labor Code 226.7(a) provides that

22 no employer shall require an employee to work during any rest period mandated by an applicable

23 order of the California Industrial Welfare Commission. At all times herein set forth, California Labor

24 Code 226.7(b) provides that if an employer fails to provide an employee a rest period, the employer

25 shall pay the employee one additional hour of pay at the employee's regular rate of compensation for

26 each work day that the rest period is not provided.

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37
Complaint for Damages
1 109. At all times herein set forth, the relevant IWC Wage Order provides that

2 every employer shall authorize and permit all employees to take rest periods, which shall be based on

3 the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major

4 fraction thereof. Authorized rest period time shall be counted as hours worked for which there shall

5 be no deduction from wages. If an employer fails to provide an employee a rest period in accordance

6 with the applicable provisions of the wage order, the employer shall pay the employee one (1) hour

7 of pay at the employees regular rate of compensation for each workday that the rest period is not

8 provided.

10 110. During the relevant time, Defendants required MS. DOE to work more than

11 four hours in a row without taking an uninterrupted ten (10) minute rest period.

12

13 111. During the relevant time, Defendants knew or should have known that they

14 were requiring MS. DOE to work more than four hours in a row without taking an uninterrupted ten

15 (10) minute rest period.

16

17 112. During the relevant time, Defendants failed to pay MS. DOE one (1) hour of

18 pay at the employees regular rate of compensation for each workday that a meal and/or rest period

19 was not provided.

20

21 113. Pursuant to the relevant IWC Wage Order and California Labor Code

22 226.7(b), MS. DOE is entitled to recover from Defendants one (1) hour of pay at the employees

23 regular rate of compensation for each workday that a meal period was not provided and an additional

24 one (1) hour of pay at the employees regular rate of compensation for each work day that a rest

25 period was not provided.

26

27 114. MS. DOE is entitled to recover from Defendants an award of interest, costs

28 and reasonable attorneys fees pursuant to California Labor Code 218.5 and 218.6 and California

38
Complaint for Damages
1 Code of Civil Procedure 1021.5.

3 NINTH CAUSE OF ACTION

4 FAILURE TO PROVIDE MEAL PERIODS

5 (Against Defendants AIR HOLLYWOOD, INC., and DOES 1-25)

7 115. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

8 58, 63 through 68, 73, 74, 80, 86, 93, 100 through 103, and 106 through 113 as though set forth in

9 full.

10 116. At all times herein set forth, California Labor Code 218 authorizes

11 employees to sue directly for any wages or penalty due to them under the Labor Code.

12

13 117. At all times herein set forth, the Industrial Welfare Commission (IWC)

14 Wage Orders and California Labor Code 226.7(a) and 512(a) were applicable to Defendants and

15 their employees including MS. DOE.

16

17 118. At all times herein set forth, California Labor Code 226.7(a) provides

18 that no employer shall require an employee to work during any meal period mandated by an

19 applicable order of the California Industrial Welfare Commission. At all times herein set forth,

20 California Labor Code 226.7(b) provides that if an employer fails to provide an employee a meal

21 period, the employer shall pay the employee one additional hour of pay at the employee's regular rate

22 of compensation for each work day that the meal period is not provided.

23

24 119. At all times herein set forth, the relevant IWC Wage Order provides that

25 every employer shall authorize and permit all employees to take meal periods, which insofar as

26 practicable shall be in the middle of each work period. If an employer fails to provide an employee a

27 meal period in accordance with the applicable provisions of the Wage Order, the employer shall pay

28 the employee one (1) hour of pay at the employees regular rate of compensation for each workday

39
Complaint for Damages
1 that the meal period is not provided.

3 120. During the relevant time, Defendants required MS. DOE to work

4 through and/or cut short and not take uninterrupted meal periods.

6 121. During the relevant time, Defendants knew or should have known that they

7 were requiring their employees, including MS. DOE to work through and/or cut short and not take

8 uninterrupted meal periods.

10 122. During the relevant time, Defendants failed to pay MS. DOE one (1) hour of

11 pay at the employees regular rate of compensation for each workday that an uninterrupted meal

12 period was not provided.

13

14 123. Pursuant to the relevant IWC Wage Order and California Labor Code

15 226.7(b), MS. DOE is entitled to recover from Defendants one (1) hour of pay at the employees

16 regular rate of compensation for each workday that a meal period was not provided and an additional

17 one (1) hour of pay at the employees regular rate of compensation for each work day that a meal

18 period was not provided.

19

20 124. MS. DOE is entitled to recover from Defendants an award of interest, costs

21 and reasonable attorneys fees pursuant to California Labor Code 218.5 and 218.6 and California

22 Code of Civil Procedure 1021.5.

23

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40
Complaint for Damages
1 TENTH CAUSE OF ACTION

2 WAITING TIME PENALTIES PURSUANT TO CALIFORNIA LABOR CODE 203

3 (Against Defendants AIR HOLLYWOOD, INC., and DOES 1-25)

5 125. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

6 58, 63 through 68, 73, 74, 80, 86, 93, 100 through 103, 106 through 113, and 117 through 124 as

7 though set forth in full.

9 126. Pursuant to California Labor Code 202, if an employee quits his or her

10 employment, the wages earned and unpaid at the time of the discharge are due and payable within

11 seventy-two (72) hours of the resignation.

12

13 127. MS. DOE was forced to resign and constructively terminated from her

14 employment with Defendants and did not received the wages and overtime compensation she

15 rightfully earned.

16

17 128. Defendants willfully refused, and continue to refuse, to pay MS. DOE all

18 wages earned, including overtime premium wages, in a timely manner as required by California

19 Labor Code 203. MS. DOE therefore request restitution and penalties as provided by California

20 Labor Code 203.

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41
Complaint for Damages
1 ELEVENTH CAUSE OF ACTION

2 FAILURE TO PROVIDE ACCURATE ITEMIZED WAGE STATEMENTS

3 (Against Defendants AIR HOLLYWOOD, INC., and DOES 1-25)

5 129. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

6 58, 63 through 68, 73, 74, 80, 86, 93, 100 through 103, 106 through 113, and 117 through 124 as

7 though set forth in full.

9 130. At all times herein set forth, California Labor Code 218 authorizes

10 employees to sue directly for any wages or penalty due to them under the California Labor Code.

11

12 131. Defendants have either reckless or intentionally failed to either make,

13 keep and preserve true, accurate, and complete records and/or furnish such records to its employees

14 pursuant to the requirements of California Labor Code 226(a).

15

16 132. MS. DOE is entitled to recover from Defendants the greater of her actual

17 damages caused by Defendants failure to comply with California Labor Code 226(a) or an

18 aggregate penalty not exceeding four thousand dollars ($4,000.00), and an award of costs and

19 reasonable attorneys fees pursuant to California Labor Code 226(e) and California Code of Civil

20 Procedure 1021.5.

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42
Complaint for Damages
1 TWELFTH CAUSE OF ACTION

2 CIVIL PENALTIES PURSUANT TO THE PRIVATE ATTORNEY GENERAL ACT

3 (PAGA)

4 (Cal. Lab. Code 2698, et seq.)

5 (Against Defendants AIR HOLLYWOOD, INC., and DOES 1-25)

7 133. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

8 58, 63 through 68, 73, 74, 80, 86, 93, 100 through 103, 106 through 113, and 117 through 124, and

9 130 through 132 as though set forth in full.

10

11 134. Pursuant to Sections 2698, et seq. of the California Labor Code (the Private

12 Attorneys General Act), MS. DOE, as a former employee of Defendants, and each of them, and on

13 behalf of current and former non-exempt California employees, hereby seeks to recover all

14 applicable statutory and/or civil penalties set forth in the California Labor Code, including, without

15 limitation, penalties for Defendants AIR HOLLYWOODs violation of Sections 201, 202, 203, 204,

16 226(a), 510, 1102.5, 1194, 1197, 1197.1, and 1199 of the California Labor Code, as alleged herein.

17 As described above, including, without limitation, paragraphs 54 through 66, MS. DOE predicates

18 this Tenth cause of action on:

19 1. Defendants AIR HOLLYWOODs failure to pay overtime to its non-exempt

20 employees (brought on behalf of MS. DOE and current and former non-exempt

21 California employees) (Cal. Labor Code sections 1194 and 510);

22 2. Defendants AIR HOLLYWOODs failure to pay all wages owed upon termination

23 (brought on behalf of current and former non-exempt California employees) (Cal.

24 Labor Code section 201);

25 3. Defendants AIR HOLLYWOODs failure to properly pay waiting time penalties

26 (brought on behalf of MS. DOE and current and former non-exempt California

27 employees) (Cal. Labor Code section 203);

28 4. Defendants AIR HOLLYWOODs failure to pay all wages owed upon resignation

43
Complaint for Damages
1 (brought on behalf of MS. DOE and current and former non-exempt California

2 employees) (Cal. Labor Code section 202);

3 5. Defendants AIR HOLLYWOODs failure to timely pay all wages owed twice each

4 calendar month (brought on behalf of MS. DOE and current and former non-exempt

5 California employees) (Cal. Labor Code section 204);

6 6. Defendants AIR HOLLYWOODs willful misclassification of workers as

7 independent contractors (brought on behalf of current and former non-exempt

8 California employees) (Cal. Labor Code section 226.8);

9 7. Defendants AIR HOLLYWOODs failure to provide meal and rest periods (brought on

10 behalf of MS. DOE and current and former non-exempt California employees) (Cal.

11 Labor Code sections 226.7 and 512);

12 8. Defendants AIR HOLLYWOODs retaliation for reporting illegal conduct (brought on

13 behalf of MS. DOE) (Cal. Labor Code section 1102.5);

14 9. Defendants AIR HOLLYWOODs provision of inaccurate wage statements (brought

15 on behalf of MS. DOE and current and former non-exempt California employees) (Cal.

16 Labor Code section 226(a)); and

17 10. Defendants AIR HOLLYWOODs failure to pay the minimum wage (brought on

18 behalf of current and former non-exempt California employees) (Cal. Labor Code

19 sections 1194, 1197, 1197.1 and 1199).

20

21 135. Moreover, as described herein, including, without limitation, in paragraphs 19,

22 24, and 27 through 30, above, MS. DOE is an aggrieved employee pursuant to California Labor

23 Code section 2699(c). Specifically, defendants AIR HOLLYWOOD committed violations of

24 California Labor Code sections 1194, 510, 512, 202, 203, 204, 226.7 and 226(a) against both MS.

25 DOE and its current and former non-exempt California employees, whom MS. DOE represents.

26 Defendants AIR HOLLYWOOD also committed violations of California Labor Code sections 201,

27 1194, 1197, 1197.1 and 1199 against its current and former non-exempt California employees, who

28 MS. DOE also represents. Defendants AIR HOLLYWOOD also committed a violation of California

44
Complaint for Damages
1 Labor Code section 1102.5 against MS. DOE, individually, when it retaliated against her for

2 reporting illegal conduct to her supervisors as described herein.

4 136. MS. DOE has exhausted the prerequisites set forth in California Labor Code

5 Section 2699.3 for requesting relief under California Labor Code Section 2699. Among other things,

6 MS. DOE, by certified mail, notified AIR HOLLYWOOD and the California Labor and Workforce

7 Development Agency (hereinafter AGENCY) of the specific provisions of the California Labor

8 Code herein alleged to have been violated, including the facts and theories to support the alleged

9 violations. More than 33 calendar days have passed since the postmark date of the aforementioned

10 notice by MS. DOE to the AGENCY and AIR HOLLYWOOD. The AGENCY has not notified MS.

11 DOE that it has decided to or intends to investigate the alleged violations.

12

13 137. As a result of Defendants* conduct as alleged herein, MS. DOE is

14 entitled to reasonable attorneys* fees and costs of suit as provided in Section 2699(g)(1) of the

15 California Labor Code.

16

17 THIRTEENTH CAUSE OF ACTION

18 DEFAMATION PER SE

19 (Against Defendant CAPTAN, and DOES 1-25)

20

21 138. MS. DOE realleges and incorporates by reference paragraphs 1 through 133,

22 as though set forth in full.

23

24 139. MS. DOE is informed that, subsequent to her constructive termination in

25 December 2016, Defendant CAPTAN orally communicated multiple of his then-current employees

26 that MS. DOE was a liar and was crazy. On information and belief, MS. DOE alleges that

27 Defendant CAPTAN also orally communicated these statements to the community and other

28 individuals employed by Defendant AIR HOLLYWOOD.

45
Complaint for Damages
1 140. When Defendant CAPTAN communicated these statements, Defendant

2 CAPTAN knew these statements were false, had no honest belief in the truth of these statements, had

3 no reasonable grounds for believing these statements to be true, and failed to use reasonable care to

4 determine the truth or falsity of his statements.

6 141. Defendant CAPTANs statements were of and concerning MS. DOE. The

7 third parties to whom Defendant CAPTANs statements were communicated reasonably understood

8 that Defendant CAPTANs statements were of and concerning MS. DOE, and the third parties to

9 whom Defendant CAPTANs statements were communicated reasonably understood Defendant

10 CAPTANs statements to mean that MS. DOE was not truthful and could not be trusted, both

11 personally and professionally, and was not sane. None of Defendant CAPTANs defamatory

12 publications and statements against MS. DOE referenced above are true. Defendant CAPTANs

13 publications regarding MS. DOE were published with the intent to communicate facts, not opinions,

14 and were understood by the third parties to whom they were communicated to be publications of

15 fact, and not as opinion.

16

17 142. MS. DOE is informed and believes this defamation will continue to be

18 negligently, recklessly, and intentionally published and foreseeably republished by Defendant

19 CAPTAN, and each of Defendants, and foreseeably republished by recipients of Defendants'

20 publications, thereby causing additional injury and damages for which MS. DOE seeks redress by

21 this action.

22

23 143. Defendant CAPTANs publication to MS. DOE was unprivileged. No

24 conditional privilege existed and does not exist because Defendant CAPTANs statements were

25 made with express and implied malice and with design and intent to injure, annoy, vex and disgrace

26 MS. DOE in her good name, reputation and employment. Defendant CAPTANs statements were

27 motivated by his ill will and hatred for MS. DOE as MS. DOE had recently opposed, protested and

28 complained to Defendant CAPTAN about his repeated sexual harassment of her and other

46
Complaint for Damages
1 employees, and his failure to pay her all wages owed.

3 144. As a direct and proximate result of Defendant CAPTANs publication of this

4 defamatory statement, MS. DOE has suffered injury to her personal, business and professional

5 reputation, and severe emotional and mental distress, shame, anguish, humiliation, embarrassment,

6 fright, shock, discomfort and anxiety, all to MS. DOEs economic, emotional, and general damage in

7 an amount according to proof at trial.

9 145. By engaging in the aforementioned acts, Defendant CAPTAN


10 engaged in wilful, malicious, intentional, oppressive and despicable conduct, and acted with wilful

11 and conscious disregard of the rights, welfare and safety of MS. DOE, thereby justifying the award of

12 punitive and exemplary damages in an amount to be determined at trial.

13

14 FOURTEENTH CAUSE OF ACTION

15 NEGLIGENT RETENTION, SUPERVISION & FAILURE TO TRAIN

16 (Against Defendant AIR HOLLYWOOD, INC., and DOES 1-25)

17

18 146. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

19 58, 63 through 68, 73, 74, 80, 86, 93, 100 through 103, 106 through 113, 117 through 124, and 139

20 through 143 as though set forth in full.

21

22 147. Defendant CAPTAN was unfit to perform his job as defendant AIR

23 HOLLYWOODs Chief Executive Officer given his propensity to engage in sexually inappropriate

24 behavior.

25

26 148. MS. DOE is informed and believes, and thereon alleges, that defendants, by

27 and through their agents, subcontractors, and employees, knew or reasonably should have known of

28 defendant CAPTANs propensity to engage in sexually inappropriate behavior, and that this

47
Complaint for Damages
1 propensity to engage in sexually inappropriate behavior created a particular risk to others, including

2 MS. DOE.

4 149. Defendants had a duty not to retain defendant CAPTAN, given his propensity

5 to engage in sexually inappropriate behavior. Defendants also had a duty to provide adequate

6 supervision of and adequate training to defendant CAPTAN.

8 150. Defendants negligently retained defendant CAPTAN. Defendants also

9 negligently failed to provide adequate supervision of defendant CAPTAN, and negligently failed to

10 provide adequate training to defendant CAPTAN. Among other things, despite the fact that

11 Defendants knew or reasonably should have known of defendant CAPTANs propensity to engage in

12 sexually inappropriate behavior, Defendants failed to take any corrective or preventative measures

13 including, among other things, implementing sexual harassment prevention training for defendant

14 CAPTAN and AIR HOLLYWOODs employees, failing to establish a human resources department

15 or otherwise retain a human resources professional, and/or failing to conduct any type of

16 investigation regarding defendant CAPTANs sexually inappropriate behavior.

17

18 151. As a result of the above-described conduct, MS. DOE has been caused to and

19 did suffer and continues to suffer severe emotional and mental distress, anguish, humiliation,

20 embarrassment, insomnia, fright, shock, discomfort and anxiety. MS. DOE does not know at this

21 time the exact duration or permanence of said injuries, but is informed and believes, and thereon

22 alleges, that some if not all of the injuries are reasonably certain to be permanent in character.

23

24 152. MS. DOE is informed and believes, and thereon alleges, that the defendants,

25 and each of them, by engaging in the aforementioned acts and/or in authorizing and/or ratifying such

26 acts, engaged in wilful, malicious, intentional, oppressive and despicable conduct, and acted with

27 wilful and conscious disregard of the rights, welfare and safety of MS. DOE, thereby justifying the

28 award of punitive and exemplary damages in an amount to be determined at trial.

48
Complaint for Damages
1 FIFTEENTH CAUSE OF ACTION

2 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

3 (Against All Defendants)

5 153. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

6 58, 63 through 68, 73, 74, 80, 86, 93, 100 through 103, 106 through 113, 117 through 124, and 147

7 through 150 as though set forth in full.

9 154. Defendants conduct as described above was extreme and outrageous and was

10 done with the intent of causing MS. DOE to suffer emotional distress and/or with reckless disregard

11 as to whether MS. DOE would suffer emotional distress.

12

13 155. By the aforesaid acts and omissions of defendants, as aforesaid, MS. DOE has

14 been caused to and did suffer and continues to suffer severe emotional and mental distress, anguish,

15 humiliation, embarrassment, insomnia, fright, shock, pain, discomfort and anxiety. MS. DOE does

16 not know at this time the exact duration or permanence of said injuries, but is informed and believes

17 and thereon alleges that some if not all of the injuries are reasonably certain to be permanent in

18 character.

19

20 156. MS. DOE is informed and believes and thereon alleges that the defendants,

21 and each of them, by engaging in the aforementioned acts and/or in authorizing and/or ratifying such

22 acts, engaged in wilful, malicious, fraudulent, intentional, oppressive and despicable conduct, and

23 acted with wilful and conscious disregard of the rights, welfare and safety of MS. DOE, thereby

24 justifying the award of punitive and exemplary damages in an amount to be determined at trial.

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49
Complaint for Damages
1 SIXTEENTH CAUSE OF ACTION

2 NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

3 (Against All Defendants)

5 157. MS. DOE realleges and incorporates by reference paragraphs 1 through 56,

6 58, 63 through 68, 73, 74, 80, 86, 93, 100 through 103, 106 through 113, 117 through 124, and 147

7 through 150 as though set forth in full.

9 158. In the alternative, defendants breached their duty of care owed to MS.

10 DOE to protect her from foreseeable harm. Defendants conduct, as alleged above, was done in a

11 careless or negligent manner, without consideration for the effect of such conduct upon MS. DOEs

12 emotional well-being.

13

14 159. By the aforesaid acts and omissions of defendants, and each of them, MS.

15 DOE has been directly and legally caused to suffer actual damages including, but not limited to, loss

16 of earnings and future earning capacity, attorneys fees, costs of suit and other pecuniary loss not

17 presently ascertained.

18

19 160. As a further direct and legal result of the acts and conduct of defendants, and

20 each of them, as aforesaid, MS. DOE has been caused to and did suffer and continues to suffer

21 severe emotional and mental distress, anguish, humiliation, embarrassment, insomnia, fright, shock,

22 discomfort, anxiety, and related symptoms. The exact nature and extent of said injuries is presently

23 unknown to MS. DOE. MS. DOE does not know at this time the exact duration or permanence of

24 said injuries, but is informed and believes, and thereon alleges, that some if not all of the injuries are

25 reasonably certain to be permanent in character.

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50
Complaint for Damages
1 PRAYER FOR RELIEF

2 WHEREFORE, JANE DOE prays for judgment against Defendants, and each of them,

3 as follows:

4 1. General damages in an amount to be proved at trial;

5 2. Special damages in an amount to be proved at trial;

6 3. Reliance damages in an amount to be proved at trial;

7 4. Punitive damages in an amount appropriate to punish defendants and to make

8 an example of them to the community;

9 5. Injunctive relief;

10 6. Reasonable attorneys fees;

11 7. Costs of suit;

12 8. Interest;

13 9. All applicable civil penalties pursuant to Section 203 of the California Labor

14 Code; and

15 10. For such other relief as the Court deems proper.

16

17

18 DATED: September 14, 2017 HELMER FRIEDMAN, LLP

19

20 By:____________________________
Courtney Abrams, Esq.
21 Attorneys for Plaintiff
JANE DOE
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51
Complaint for Damages
1 PLAINTIFFS DEMAND FOR JURY TRIAL

2 Plaintiff JANE DOE hereby demands a trial by jury.

4
DATED: September 14, 2017 HELMER FRIEDMAN, LLP
5

6
By:____________________________
7 Courtney Abrams, Esq.
Attorneys for Plaintiff
8 JANE DOE

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Complaint for Damages