SUM-100

SUMMONS FOR COURT USE ONLY

(SOLO PARA USO DE LA CORTE}

(CITACION JUDICIAL)
N O T I C E T O D E F E N D A N T:

INC., a California corporation; and DOES 1

through 25, Inclusive.
17 SEP-7 Pii &0I
YOU ARE BEING SUED BY PLAINTIFF:

(LO ESTA DEMANDANDO EL DEMANDANTE):

TERESA SPEHAR, Ph.D, J.D., an individual. SAh D G
i 'iE?"-
OC i iO
cUi";NcTcY.UR
CAr

NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
b e l o w.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal fonn if you want the court to hear your
case. There may be a court fonn that you can use for your response. You can find these court forms and more infonnation at the California Courts
Online Self-Help Center (wvm.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court dertc for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attomey, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site {www.lawhelpcalifomia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
lAVISOI Lo han demandado. Si no responde dentro de 30 dfas, la corte puede decidir en su contra sin escuchar su versidn. Lea la infbnvadon a
continuation.
Tiene 30 DfAS DE CALENDARIO despu6s de que le entreguen esta citaa'dn y papeles legates para presenter una respuesta por escrito en esta
corte y hacer que se entregue una copia al dentandante. Una carta o una llamada telefdnica no to protegen. Su requests por escrito tiene que estar
en fonmato legal conrecto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos fbnvularios de la corte y mis infbrmacidn en el Centra de Ayuda de las Cortes de California (www.sucorte.ca.govj, en la
biblioteca de leyes de su condado o en la corte que le quede mis cerca. Si no puede pagar la cuota de presentacidn, pida al secretario de la corte
que le d6 un formulario de exencidn de pago de cuotas. Si no presenta su respuesta a tiempo. puede perder el caso por incumplimiento y la corie le
podri quitarsu sueldo, dinero y bienes sin mds advertencia.
Hay otros requisites legates. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de
remisidn a at>ogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legates gratuitos de un
programa de servicios legates sin fines de luao. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services.
^www.lawhelpcalifomia.org;, en el Centra de Ayuda de las Cortes de Califomia, fwww.sucorte.ca.gov; o poni6ndose en contacto con la corte o el
colegio de abogados locales. AVISO: Parley, la corte bene derecho a reclamarlas cuotasy los castas exentospor imponer un gravamen sabre
cualquier recuperacidn de $10,000 6 mds de valorredbida mediante un acuerdo a una concesldn de arijitraje en un caso de deracho civil. Tiene que
pagar el gravamen de la corte antes de que la corte pueda desechar el caso.
The name and address of the court is: case number
(Bnombreydireccidndelacortees): fi f nc CTL
San Diego Superior Court - Central Division
330 West Broadway, San Diego, CA 92101
The name, address, and telephone number of piaintifPs attorney, or plaintiff without an attomey, is:
(El nombre, la direccidn y el numero de telfono del abogado del demandante, o del demandante que no tiene abogado, es):
Joshua D. Gruenberg; Joshua P. Pang; 2155 First ave, San Diego, CA 92101

D AT E : 5lP 0 7 91)17 Clerk, by .Deputy

(Fecha) (Secretario) (Adjunto,
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citatidn use el fomiulario Proof of Service of Summons, (POS-010)).
N O T I C E TO T H E P E R S O N S E RV E D : Yo u a r e s e r v e d
1. I I as an individual defendant.
2. I I as the person sued under the fictitious name of (specify):

3. I I on behalf of (specify):
under: I I CCP 416.10 (corporation) | | CCP 416.60 (minor)
I I CCP 416.20 (defunct corporation) | | CCP 416.70 (conservatee)
I I CCP 416.40 (association or partnership) | | CCP 416.90 (authorized person)
I I other (specify):
4. I I by personal delivery on (date):

Form Adopted for Mandatory Use Code of Civil Procedure 412,20,465

SUMMONS
Judicial Council of California w w w. c o u r t i n f o . c a . g o v
SUM-100 [Rev. July 1.2009]
 state Barnumber, and address): FOR COURT USE ONLY

Joshua P. Pang, Esq. (296371)

Gruenberg Law /2155 First Ave, San Diego, CA

TELEPHONENO- 619-230-1234 619-230-1074

AT TO R N E Y F;
ORPlaintiif,
f W a mTeresa
eJ; ' Spehar
^
SUPERIOR COURT OF CAUEQRNIA. COUNTY J3F '
STREET :'l?^6WstWcf,Jay
ADDRESS: Ji^a\xyr aj

MAILING ADDRESS:

oiYANoapcooE: San Diego, CA 92101

Central
BRANCH NAME:

CASE NAME:
CLt-'vS:!; COURT
Spehar v. Synthetic Genomics, Inc. SAH DILGO COUNTY, CA
CASE NUMBER:
CIVIL CASE COVER SHEET Complex Case Designation
1^1 Unlimited I I Limited 37-2017-000330^^U-OE-CTL
I I Counter I I Joinder
(Amount (Amount
demanded demanded is Filed with first appearance by defendant
exceeds $25,000) $25,000 or less) (Gal. Rules of Court, rule 3.402)
Items 1-6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
A u t o To r t Contract Provisionally Complex Civil Litigation
Auto (22) I I Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
I Uninsured motorist (46) d] Rule 3.740 collections (09) I I Antitrust/Trade regulation (03)
Other PI/PD/WD (Personal Injury/Property I I Other collections (09) I I Construction defect (10)
Damage/Wrongful Death) Tort I 1 Insurance coverage (18) I I Mass tort (40)
I I Asbestos (04) I I Other contract (37) I I Securities litigation (28)
Product liability (24) Real Property I I Environmental/Toxic tort (30)
I I Medical malpractice (45) I I Eminent domain/Inverse I I Insurance coverage claims arising from the
Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case
N o n - P I / P D / W D ( O t h e r ) To r t i 1 w rIoInWrongful
g f u l e v ieviction
c t i o n ((33)
^3) types (41)

D Business tort/unfair business practice (07) CD Other real property (26) Enforcement of Judgment

I I C i v i l r i g h t s ( 0 8 ) U n l a w f uUln l aD
wfe
u l tD
aeitna i e
n err I I Enforcement of judgment (20)
I I Defamation (13) j j Commercial (31) Miscellaneous Civil Complaint
Miscellaneous Civil Complaint
I I Fraud (16) I 1 Residential (32) I I RIC O ( 2(27)
RICO 7)
Intellectual property (19) CH Drugs (38) Othercomplaintrno(specedal)ore;(42)
I I Other complaint (not specified above) (42)
Professional negligence (25) Jurtclal Review Miscellaneous M i s c e l l a nCivil
e o u s CPetition
ivil Petition
l_J Other non-PlflD/WD tort (35) Asset forfeitgre (05) partnership and corporate
I I Partnership governance
and corporate governance(21)
(21)
II I I rdiuicidiKfj diiu uuipuiaic veniallue ^
I Wrongful termination (36) I I Writ of of
I I Writ mandate
mandate (02) (02)\^=4Petrti
Petoitionre:art)i
n re: arttrati
iltratotonaward(1
n award1)
(11)QQOther
otherpeti
pettiion (tfofspec/f
ot specffife(/a/,i
edaiove;
^; (43)
(43)
!! Other employment (15) I Other judicial review
I Other judicial review(39)
(39)
2. This case I I is I is not complex under rule 3.400 of the California Rules of Court, if the case is complex, mark the
factors requiring exceptional judicial management:
a. I I Large number of separately represented parties d. I I Large number of witnesses
b. I I Extensive motion practice raising difficult or novel e. I I Coordination 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 federal court
c. CZl Substantial amount of documentary evidence f. I I Substantial postjudgment judicial supervision
3. Remedies sought (check ail that apply): a.! ! monetary b. I I nonmonetary; declaratory or injunctive relief c. 1^1 punitive
4. Number of causes of action (specify): Five (5)
5. This case I I is is not a class action suit.
6. If there are any known related cases, file and serve a notice of related case. (You m^yh^ fomnCM-015.)
Date: September 5,2017
Joshua D. (jruenberg, Esq. ^ ^ \
(TYPE OR PRINT NAME) (SIGNATURETJlSJfi^ OR ^ORNEY FOR PARTY)
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
In sanctions.
File tills cover sheet in addition to any cover sheet required by local court rule.
If this 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.
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
P a fl o 1 o f 2
Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30. 3.220, 3.400-3.403,3.740;
Judidal Council of Cat'ifomia
CIVIL CASE COVER SHEET CaL Standards of Judicial Administration, std. 3.10
CM-010 [Rev. July 1.2007] w w w. c o u / t f / i f o . c a . g o v
 Josh D. Gruenberg (163281)
Joshua P. Pang (296371)
GRUENBERG LAW
2 1 5 5 F I R S T AV E N U E

SAN DIEGO, CALIFORNIA 92101-2013

nsEP-i
TELEPHONE; (619)230-1234
TELECOPIER: (619) 230-1074
C I C O U R T
SAV DIEGO COUNTY. CA
Attorneys for Plaintiff,
TERESA SPEHAR

S U P E R I O R C O U R T O F T H E S TAT E O F C A L I F O R N I A

COUNTY OF SAN DIEGO, CENTRAL DIVISION

TERESA SPEHAR, Ph.D, J.D an individual, Case No. 37^17^KM330^U^E^TL

PLAINTIFF'S COMPLAINT FOR:

Plaintiff,
1. GENDER DISCRIMINATION [Cal
Gov't Code 12940(a)];
2 . FA I L U R E T O P R E V E N T
SYNTHETIC GENOMICS, INC., a California DISCRIMINATION [Cal. Gov't Code
corporation; and DOES 1 through 25, Inclusive, 12940(k)];
3. FAILURE TO PROVIDE EQUAL PAY
TO M E M B E R S O F T H E O P P O S I T E
Defendants.
SEX [Cal. Lab. Code 1197.5(a)];
4. NEGLIGENT SUPERVISION;
5. INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS.

[JURY TRIAL DEMANDED]

COMES NOW THE PLAINTIFF, alleging against Defendants as follows:

G E N E R A L A L L E G AT I O N S C O M M O N T O A L L C A U S E S O F A C T I O N

Plaintiff, TERESA SPEHAR, Ph.D, J.D. (hereinafter "Plaintiff), is a natural person who

is, and at all relevant times was, a resident of the United States and a domiciliary of the
State of California.

Plaintiff is informed and believes and thereon alleges that Defendant SYNTHETIC

GENOMICS, INC. (hereinafter "Defendant" or "SYNTHETIC GENOMICS") is, and at

all relevant times herein mentioned was, a California corporation doing business in the

State of California, County of San Diego. The causes of action for damages herein stated

PLAINTIFF'S COMPLAINT FOR DAMAGES

 1 11. As a further proximate result of the unlawful actions of Defendant and its agents, against

2 Plaintiff as alleged herein. Plaintiff has been harmed in that she has suffered emotional

3 pain, humiliation, mental anguish, anxiety, loss of enjoyment of life, and emotional

4 distress, and reputational damage.

5 12. Plaintiff seeks compensatory damages, punitive damages, costs of suit herein, and

6 attorney's fees pursuant to California Government Code section 12940.

7 13.
7 1 3Plaintiff
. filed a complaint with the Department of Fair Employment and Housing on

8 September 6,2017, and on that same day received a Right-To-Sue Letter, collectively

9 attached hereto as "Exhibit A."

10 SPECIFIC FACTUAL A L L E G AT I O N S

1 1 14.
11 1 4Plaintiff
. re-alleges and incorporates by reference each and every allegation contained in

12 the preceding paragraphs as though fully set forth herein.

13 PlaintifPs Stellar Career With Defendant

1 4 15.
14 1 5 On
. or around November 17,2008, Plaintiff began her employment with Defendant, as its

15 first in-house attomey, serving as Director of Intellectual Property. On or around

16 November 10, 2009, Plaintiff was promoted to Senior Director of Intellectual Property.

17 Then, on January 1, 2014, Plaintiff was promoted again, to Vice President of Intellectual

18 P r o p e r t y.

19 16. As VP of Intellectual Property, Plaintiff was charged with managing all aspects of

20 Defendant's intellectual property, includmg overseeing Defendant's patent portfolio and

21 counseling management regarding IP issues. She also acted as liaison to the J. Craig
22 Venter Institute to protect synthetic biology advances in collaborations between the

23 organizations, as well as multiple corporate partnerships.

24 17. Plaintiff is one of Defendant's most senior employees, with a tenure of over SVz years.

25 Plaintiff has established Defendant's IP portfolio from the ground up, which has been

26 critical in every one of Defendant's partnerships and collaborations. Defendant's IP

27 portfolio is a meaningful and significant asset to the corporation due to Plaintiffs efforts.

28 As such. Plaintiffs role has grown to a trusted advisor to management and Defendant's

PLAINTIFF'S COMPLAINT FOR DAMAGES

3
19. PlaintiflTs success is notable in an environment dominated by men in a "Boys' Club", and

an organization where women are routinely discriminated against in hiring, promotion,

retention, and inclusion - all most notably at senior levels.

20. Plaintiff was one of a disproportionately small number of women in positions of

authority, watching women progressively flee the organization over the years as a result

of Defendant's discriminatoiy practices. Plaintiff has seen this behavior worsen

significantly over the last 2 to 3 years.

21. Defendant maintains a workplace where its leadership is predominantly male-dominated

throughout the Director, Senior Director, and Executive levels. Out of the team of
Defendant's 14 executives. Plaintiff was only one of two women at this level. The other

woman is Natasha Bowman, Vice President of Human Resources.

22. Moreover, Defendant is aware of this problem, as an analysis and report was presented to

Defendant's Board of Directors. Defendant, however, has not taken any tangible steps to

remedy this situation. Moreover, the findings of this report have never been disseminated

or even discussed amongst management in efforts to improve.

PLAINTIFF'S COMPLAINT FOR DAMAGES

4
 23. The effect of Defendant's discriminatory practices are startling, as reflected in the

representation of women at senior levels:

a. C-level 0% female (0/7 total)

b. VP level 22% female (2 / 9) (including Plaintiff)

c. Senior Director 23% female (3 / 13)

d. Director 20% female (2/10)

e. Senior Scientist 18% female (3 / 17)

8 24. Women working for Defendant are consistently not promoted despite performance above

9 and beyond their male counterparts. The ongoing pattern of Defendant's systemic failure

0 to promote women have caused some women to "give up" and leave the company.

1 25. Then, when open positions arise, women are consistently overlooked, while males are

2 immediately seen as replacements.

3 Defendant Does Not Provide Resources Equitably For Women, WhUe Simultaneously

4 Expecting More Of Women Than Similarly-Situated Men

5 26. Women working for Defendant, including Plaintiff, are consistently under-resourced and

6 understaffed, and subjected to discriminatory performance expectations in relation to

7 their male counterparts. Women are frequently found overburdened as compared to men

8 - often working evenings and weekends - while the executive hallway is empty,

9 commonly referred to by many as a "ghost town." Simply put. Defendant's bar for

0 success is higher for women.

1 27. On repeated occasions throughout her employment. Plaintiff requested additional

2 staffing, as it was necessary for her department to healthily function. Defendant was

3 aware of this need for additional staffing in Plaintiffs IP department. Instead, however,

4 Plaintiff was simply told she had been "too efficient," and was denied additional hires.

5 28. On the other hand, male-led departments are allowed to hire at will while

6 underperforming. Lame excuses are continually made for underperforming male-led

7 teams, who are publicly characterized by Defendant's executives as "overwhelmed" and

8 "needing to staff up." Those same teams, however, are privately acknowledged among by

PLAINTIFF'S COMPLAINT FOR DAMAGES

5
 1 the management team as "incompetent."

2 Plaintiff and Other Women Are Excluded From Some Meetings Altogether, And

3 Denigrated In Meetings Into Which They Are Actually Allowed

4 29. Moreover, even for the few women that somehow manage to advance to a leadership

5 role, they are constantly reminded of their subordinate position within a male-dominated

6 company. They are isolated and excluded from meetings. Then, when they are actually

7 allowed into meetings, they are either ignored altogether, or disproportionately

8 challenged and denigrated with gender-based stereotypes.

9 30. Indeed, Plaintiff was repeatedly excluded from critical executive meetings,

10 partnership/deal meetings, and decision-making processes - leaving only the males to

11 decide core Defendant matters behind closed doors. This is particularly striking since

12 Plaintiff is Defendant's only executive with extensive knowledge of IP matters, which is

13 critical to the function of the business, and functions as one of the most important

14 components of partnership agreements.

15 31. Multiple management members have commented to Plaintiff that it is "unbelievable" that

16 someone in Plaintiffs position would be excluded from such meetings, as intellectual

17 property is critical to Defendant's success.

18 32. Further, because there is no intellectual property representation in these "closed-door"

19 meetings, items relating to IP frequently were botched and then placed before Plaintiff to

20 fix or "review" at the last minute. As such, Plaintiff oftentimes had little contextual

21 background as to what caused these errors.

22 33. When Plaintiff is actually included in meetings, there have been several instances in

23 which Plaintiff was completely ignored after voicing a particular opinion. Then, however,

24 after a meile executive would repeat the identical opinion in the very same meeting, that

25 male would be openly praised.

26 34. On other occasions. Plaintiff was asked to prepare materials for executive meetings, and

then subsequently excluded while others present and took credit for such work.

28 ///

PLAINTIFF'S COMPLAINT FOR DAMAGES

6
 1 payments.

2 40. Indeed, Plaintiff was offered exactly such a consulting / severance payment from

3 Defendant.

4 41. In many other instances throughout her employment, Plaintiff has heard Defendant's

5 leadership dismiss strong women in a discriminatory manner based on gender

6 stereotypes. Specifically, Plaintiff has heard of male leadership labeling particular women

7 as "moody," "having a bad day," "fiery," "typical redhead," "indecisive," "flaky," or

8 "confused." Other times, women are simply laughed at. In contrast, similar behavior

9 exhibited by men are characterized as "tough," "holding their ground," "presentmg

10 difficult terms," and "challenging."

11 D e f e n d a n t S u d d e n l y Te r m i n a t e d P l a i n t i f f F o r B o g u s R e a s o n s

12 42. On June 20,2017, Defendant's General Counsel, Rob Cutler, informed Plaintiff she was

13 being terminated. In terminating her. Cutler told Plaintiff she was "not happy." This is

14 false, as Plaintiff enjoyed the challenge of her job, and the relationships she had built

15 with her co-workers, and otherwise took tremendous pride in her work and the progress

1 6 o f t h e c o m p a n y.

17 43. Cutler also told Plaintiff that Todd Peterson (Chief Technology Officer) "did not trust"

18 her, and the relationship was "irreparable." This was also false. Plaintiff had never

19 previously heard Peterson utter a word with regard to her performance or abilities.

20 Further, when Plaintiff mentioned to Peterson directly this "lack of trust" was apparently

21 a reason for her termination, Peterson denied making such a statement.

22 44. Upon Plaintiff's information and belief, throughout Plaintiffs employment with

23 Defendant, Defendant paid Plaintiff less than many male employees for performing

24 substantially similar work, when viewed as a composite of skill, effort, and responsibihty.

and which is performed under similar working conditions.

26 ///

27 ///

28 ///

PLAINTIFF'S COMPLAINT FOR DAMAGES

8
 1 FIRST CAUSE OF ACTION

2 GENDER D I S C R I M I N AT I O N

3 [Cal. Gov't Code 12940(a)]

4 45. Plaintiff re-alleges and incorporates herein by reference each and every allegation

5 contained in the proceeding paragraphs as though fully set forth herein.

6 46. Defendant discriminated against Plaintiff in the terms, conditions and privileges of her

7 employment.

8 47. Plaintiff believes and thereon alleges that her gender, female, was a motivating reason for

9 Defendant's discrimination against her.

10 48. Defendant's conduct of discriminating against Plaintiff on the basis of her gender

11 violated Cal. Gov't Code 12940(a).

C O

12 49. As a direct, foreseeable, and proximate result of Defendant's conduct, Plaintiff has
0

N 13 sustained and continues to sustain substantial losses m earnings, employment benefits,

<

1 14 employment opportunities, and Plaintiff has suffered other economic losses in an amount
< 15 to be determined at time of trial. Plaintiff has sought to mitigate these damages.
O
0

1 16 50. As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has
z

17 suffered and continues to suffer humiliation, emotional distress, loss of reputation,

18 anxiety, and mental and physical pain and anguish, all to her damage in a sum to be

19 established according to proof.

20 51. As a result of Defendant's deliberate, outrageous, despicable conduct. Plaintiff is entitled

21 to recover punitive and exemplary damages in an amount commensurate with

22 Defendant's wrongful acts and sufficient to punish and deter future similar reprehensible

23 conduct.

24 52. In addition to such other damages as may properly be recovered herein. Plaintiff is

entitled to recover prevailing party attorney's fees.

26 ///

27 ///

28 ///

PLAINTIFF'S COMPLAINT FOR DAMAGES

9
 1 SECOND CAUSE OF ACTION

2 FAILURE TO PREVENT D I S C R I M I N AT I O N

3 [Cal. Gov't Code 12940(k)l

4 53. Plaintiff re-alleges and incorporates by reference each and every allegation contained in

5 the preceding paragraphs as though fiilly set forth herein.

6 54. At all times mentioned herein, California Government Code section 12940 et seq. was in

7 full force and effect and was binding on Defendant. This section provide that it is

8 unlawful for Defendant, as an employer, to fail to take all reasonable steps necessary to

9 prevent discrimination from occurring.

10 55. Plaintiff was subjected to discrimination on the basis of her sex, as set forth herein.

11 56. Defendant failed to take reasonable steps to prevent the harassment and retaliation as

12 described herein.

13 57. As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has

14 sustained and continues to sustain substantial losses in earnings, employment benefits,

15 employment opportunities, and Plaintiff has suffered other economic losses in an amoimt

16 to be determined at time of trial. Plaintiff has sought to mitigate these damages.

17 58. As a direct, foreseeable, and proximate resuh of Defendant's conduct. Plaintiff has

18 suffered and continues to suffer humiliation, emotional distress, loss of reputation,

19 anxiety, and mental and physical pain and anguish, all to her damage in a sum to be

20 established according to proof

21 59. As a result of Defendant's deliberate, outrageous, despicable conduct. Plaintiff is entitled

22 to recover punitive and exemplary damages in an amount commensurate with

23 Defendant's wrongful acts and sufficient to punish and deter future similar reprehensible

24 conduct.

25 60. In addition to such other damages as may properly be recovered herem. Plaintiff is

26 entitled to recover prevailing party attorney fees and costs pursuant to Government Code

27 section 12965.

28 ///

PLAINTIFF'S COMPLAINT FOR DAMAGES

10
 THIRD CAUSE OF ACTION

FAILURE TO PROVIDE EQUAL PAY TO MEMBERS OF THE OPPOSITE SEX

[Cal. Lab. Code 1197.5(a)]

Plaintiff re-alleges and incorporates by reference each and every allegation

contained in the preceding and subsequent paragraphs as though fully set forth

herein.

Plaintiff performs substantially similar work, when viewed as a composite of skill, effort,

and responsibility, and which is performed under similar working conditions, as

Defendant's male employees.

Plaintiff, as a female employee of Defendant, is paid less than Defendant's male

employees who performed substantially similar work, as alleged herein.

As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has

sustained and continues to sustain substantial losses in earnings, employment benefits,

employment opportunities, and Plaintiff has suffered other economic losses in an amount

to be determined at time of trial. Plaintiff has sought to mitigate these damages.

As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has

suffered and continues to suffer humiliation, emotional distress, loss of reputation,

anxiety, and mental and physical pain and anguish, all to her damage in a sum to be

established according to proof

In addition to such other damages as may properly be recovered herein, Plaintiff is

entitled to recover attorney fees and costs pursuant to Labor Code sections 1197.5(g) and

218.5. Plaintiff is also entitled to recover, as liquidated damages, an amount equal to the

balance of wages she is owed, pursuant to Labor Code section 1197.5(g).

PLAINTIFF'S COMPLAINT FOR DAMAGES

 FOURTH CAUSE OF ACTION

NEGLIGENT SUPERVISION

67. Plaintiff re-alleges and incorporates by reference each and every allegation contained in

the preceding and subsequent paragraphs as though fully set forth herein.

68. Defendant's employee took action against Plaintiff in violation of California law, as set

forth herein.

69. Defendant knew or should have known that this conduct was xinlawful and in violation of

C a l i f o r n i a l a w,

70. Defendant failed to take steps necessary to prevent unlawful conduct, as described herein.

71. As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has

sustained and continues to sustain substantial losses in earnings, employment benefits,

employment opportunities, and Plaintiff has suffered other economic losses m an amount
to be determined at time of trial. Plaintiff has sought to mitigate these damages.

72. As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has

suffered and continues to suffer humiliation, emotional distress, loss of reputation,

anxiety, and mental and physical pain and anguish, all to her damage in a sum to be

established according to proof

FIFTH CAUSE OF ACTION

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

73. Plaintiff re-alleges and incorporates by reference each and every allegation contained in

the preceding paragraphs as though fully set forth herein.

74. Defendant's intentional conduct, as set forth herein, was extreme and outrageous.

75. Defendant intended to cause Plaintiff to suffer extreme emotional distress. Plaintiff

suffered extreme emotional distress.

76. As a direct, foreseeable, and proximate result of Defendant's conduct. Plaintiff has

suffered and continues to suffer humiliation, emotional distress, loss of reputation,

anxiety, and mental and physical pain and anguish, all to her damage in a sum to be
established according to proof

PLAINTIFF'S COMPLAINT FOR DAMAGES

12
WHEREFORE, Plaintiff prays for the following relief:

1. For compensatory damages in an amount according to proof;

2. For special damages in an amount according to proof;

3. For mental and emotional distress damages;

4. For punitive damages in an amount necessary to make an example of and to

punish defendants, and to deter future similar misconduct;

5. For costs of suit;

6. For an award of interest, including prejudgment interest, at the legal rate as

permitted by law;

7. For attorney's fees as permitted by law, including those available pursuant to

Government Code section 12965; and

8. For such other and further relief as the Court deems proper and just under all the

circumstances.

PLAINTIFF TERESA SPEHAR demands a jury trial on all issues in this case.

DATED: September , 2017 GRUENBERGLAW

JOSHD. GRUENBE;^
JOSHLI^J^P^G ^
Attorneys for Plaintiff,
TERESA SPEHAR

PLAINTIFF'S COMPLAINT FOR DAMAGES

13
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 Department of Fair Employment & Housing DIRECTOR KEVIN KISH

2218 Kausen Drtve, Suite 1001 Elk Grove ICAI 95758

800-884-1684 I TDD 800-700-2320
www.dfeh.cagov I email: contacLcenter@dfeh.ca.gov

September 06, 2017

Josh pang
2155 1st Ave.
San Diego California 92101

RE: Notice to Complainant or Complainant's Attorney

DFEH Matter Number: 954034-310487
Right to Sue: Spehar / Synthetic Genomics, Inc.

Dear Complainant or Complainant's Attorney:

Attached is a copy of your complaint of discrimination filed with the Department of Fair
Employment and Housing (DFEH) pursuant to the California Fair Employment and
Housing Act, Government Code section 12900 et seq. Also attached is a copy of your
Notice of Case Closure and Right to Sue. Pursuant to Government Code section 12962,
DFEH will not serve these documents on the employer. You or your attorney must
serve the complaint. If you do not have an attorney, you must serve the complaint
yourself. Please refer to the attached Notice of Case Closure and Right to Sue for
information regarding filing a private lawsuit in the State of California.

Be advised that the DFEH does not review or edit the complaint form to ensure that it
meets procedural or statutory requirements.

Sincerely,

Department of Fair Employment and Housing

iHiji Department of Fair Employment & Housing
2218 Kausen Drive, Suite 1001 Bk Grove ICA195758
800-884-1684 ITDD 800-700-2320
DIRECTOR KEVIN KJSH

www.dfeh.ca.gov I email: contactcenter@dfeh.ca.gov

September 06, 2017

RE: Notice of Filing of Discrimination Complaint

DFEH Matter Number: 954034-310487

Right to Sue: Spehar / Synthetic Genomics, Inc.

To All Respondent(s):

Enclosed is a copy of a complaint of discrimination that has been filed with the
Department of Fair Employment and Housing (DFEH) in accordance with Government
Code section 12960. This constitutes service of the complaint pursuant to Government
Code section 12962. The complainant has requested an authorization to file a lawsuit.
This case is not being investigated by DFEH and is being closed Immediately. A copy of
the Notice of Case Closure and Right to Sue is enclosed for your records.

Please refer to the attached complaint for a list of all respondent(s) and their contact
information.

No response to DFEH is requested or required.

Sincerely,

Department of Fair Employment and Housing

 Department of Fair Employment & Housing DIRECTOR KEVIN KISH

2218 Kausen Drive, Suite 1001 E!i< Grove I CAI 95758

800-884-1684 ITDD 800-700-2320
www.dfeh.cagov I email: contactcenter@dfeh.ca.gov

September 06, 2017

Teresa Spehar
2155 1st Ave.
San Diego, California 92101

RE: Notice of Case Closure and Right to Sue

DFEH Matter Number: 954034-310487
Right to Sue: Spehar / Synthetic Genomics, Inc.

Dear Teresa Spehar,

This letter informs you that the above-referenced complaint was filed with the
Department of Fair Employment and Housing (DFEH) has been closed effective
September 06, 2017 because an immediate Right to Sue notice was requested. DFEH
will take no further action on the complaint.

This letter is also your Right to Sue notice. According to Government Code section
12965, subdivision (b), a civil action may be brought under the provisions of the Fair
Employment and Housing Act against the person, employer, labor organization or
employment agency named in the above-referenced complaint. The civil action must be
filed within one year from the date of this letter.

To obtain a federal Right to Sue notice, you must visit the U.S. Equal Employment
Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of this
DFEH Notice of Case Closure or within 300 days of the alleged discriminatory act,
whichever is earlier.

Sincerely,

Department of Fair Employment and Housing

 Department of Fair Employment & Housing DIRECTOR KEVIN KISH

2218 Kausen Drive, Suite 1001 EIlc Grove ICAI 95758

800-884-1684 ITDD 800-700-2320
www.dfeli.ca.gov I email: contacLcenter@dfeii.ca.gov

Enclosures

c c ;
 COMPLAINT OF EMPLOYMENT DISCRIMINATION

B E F O R E T H E S TAT E O F C A L I F O R N I A

DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

Under the California Fair Employment and Housing Act
(Gov. Code, 12900 et seq.)

In the Matter of the Complaint of DFEH No. 954034-310487

Teresa Spehar, Complainant.
2155 1st Ave.
San Diego, California 92101

Synthetic Genomics, Inc., Respondent.

111 4 9 N TO R R E Y P I N E S R D
La Jolla, California 92037

Complainant alleges:

1. Respondent Synthetic Genomics, Inc. is a Private Employer subject to suit

under the California Fair Employment and Housing Act (FEHA) (Gov. Code, 12900
et seq.). Complainant believes respondent is subject to the FEHA.

2. On or around August 16, 2017, complainant alleges that respondent took the
following adverse actions against complainant: Discrimination Denied a work
environment free of discrimination and/or retaliation, Denied equal pay,
Terminated, . Complainant believes respondent committed these actions because
of their: Sex - Gender.

3. Complainant Teresa Spehar resides in the City of San Diego, State of

California. If complaint includes co-respondents please see below.

DFEH 902-1 -5-

Complaint DFEH No. 954034-310487

Date Filed; September 06, 2017
Additional Complaint Details:

Throughout her employment, Plaintiff performed her duties in a capable and efficient
manner, as recognized by Defendant through performance evaluations.
Plaintiffs success is notable in an environment dominated by men in a Boys Club, and
an organization where women are routinely discriminated against in hiring, promotion,
retention, and inclusion all most notably at senior levels.
Plaintiff was one of a disproportionately small number of women in positions of
authority, watching women progressively flee the organization over the years as a result
of Defendants discriminatory practices.
Defendant maintains a workplace where its leadership is predominantly male-dominated
throughout the Director, Senior Director, and Executive levels. Out of the team of
Defendants 14 executives, Plaintiff was only one of two women at this level.
Women working for Defendant are consistently not promoted despite performance
above and beyond their male counterparts. The ongoing pattern of Defendants systemic
failure to promote women have caused some women to give up and leave the company.
Women working for Defendant, including Plaintiff, are consistently under-resourced and
understaffed, and subjected to discriminatory performance expectations in relation to
their male counterparts. Women are frequently found overburdened as compared to
men often working evenings and weekends.
Plaintiff was repeatedly excluded from critical executive meetings, partnership/deal
meetings, and decision-making processes leaving only the males to decide core
Defendant matters behind closed doors. This is particularly striking since Plaintiff is
Defendants only executive with extensive knowledge of IP matters, which is critical to
the function of the business, and functions as one of the most important components of
partnership agreements.
When Plaintiff is actually included in meetings, there have been several instances in
which Plaintiff was completely ignored after voicing a particular opinion. Then, however,
after a male executive would repeat the identical opinion in the very same meeting, that
male would be openly praised.
Plaintiff has heard Defendants leadership dismiss strong women in a discriminatory
manner based on gender stereotypes. Specifically, Plaintiff has heard of male
leadership labeling particular women as moody, having a bad day, fiery, typical
redhead, indecisive, flaky, or confused. Other times, women are simply laughed at. In
contrast, similar behavior exhibited by men are characterized as tough, holding their
ground, presenting difficult terms, and challenging.
On June 20, 2017, Defendants General Counsel informed Plaintiff she was being
terminated. In terminating her, Cutler told Plaintiff she was not happy. This is false, as
Plaintiff enjoyed the challenge of her job, and the relationships she had built with her co
workers, and othen/vise took tremendous pride in her work and the progress of the
c o m p a n y.

Complaint DFEHNo. 954034-310487

Date Filed: September 06,2017
 V E R I F I C AT I O N

I, Josh Pang, am the Attorney for Complainant in the above-entitled complaint. I

have read the foregoing complaint and know the contents thereof. The same is true
of my own knowledge, except as to those matters which are therein alleged on
information and belief, and as to those matters, I believe it to be true.

On September 06, 2017, I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.

San Diego, OA
Josh Pang

DFEH 902-1 -7-

Complaint DFEHNo. 954034-3J0487

Date Filed: September 06,2017
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO

ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION

CASE NUMBER: 37-2017-00033056-CU-OE-CTL CASE TITLE: Teresa Spehar Phd JD vs Synthetic Genomics Inc (IMAGED]

NOTICE: All plaintlffs/cross-complainants in a general civil case are required to serve a copy of the following
three forms on each defendant/cross-defendant, together with the complaint/cross-complaint:
(1) this Alternative Dispute Resolution (ADR) Information form (SDSC form #CIV-730),
(2) the Stipulation to Use Alternative Dispute Resolution (ADR) form (SDSC form #CIV-359), and
(3) the Notice of Case Assignment form (SDSC form #CIV-721).

Most civil disputes are resolved without filing a lawsuit, and most civil lawsuits are resolved without a trial. The courts,
community organizations, and private providers offer a variety of Alternative Dispute Resolution (ADR) processes to help
people resolve disputes without a trial. The San Diego Superior Court expects that litigants will utilize some form of ADR
as a mechanism for case settlement before trial, and it may be beneficial to do this eariy in the case.

Below is some information about the potential advantages and disadvantages of ADR, the most common types of ADR,
and how to find a local ADR program or neutral. A form for agreeing to use ADR is attached (SDSC form #CIV-359).

Potential Advantages and Disadvantages of ADR

ADR may have a variety of advantages or disadvantages over a trial, depending on the type of ADR process used and the
particular case:

Potential Advantages Potential Disadvantages

Saves time
Saves money
Gives parties more control over the dispute
resolution process and outcome
Preserves or improves relationships
May take more time and money if ADR does not
resolve the dispute
Procedures to learn about the other side's case (discovery),
jury trial, appeal, and other court protections may be limited
or unavailable

M o s t C o m m o n Ty p e s o f A D R
You can read more information about these ADR processes and watch videos that demonstrate them on the court's ADR
webpage at httD://www.sdcourt.ca.aov/adr.

Mediation: A neutral person called a "mediator" helps the parties communicate in an effective and constructive manner
so they can try to settle their dispute. The mediator does not decide the outcome, but helps the parties to do so.
Mediation is usually confidential, and may be particulariy useful when parties want or need to have an ongoing
relationship, such as in disputes between family members, neighbors, co-workers, or business partners, or when parties
want to discuss non-legal concerns or creative resolutions that could not be ordered at a trial.

Settlement Conference: A judge or another neutral person called a "settlement officer" helps the parties to understand
the strengths and weaknesses of their case and to discuss settlement. The judge or settlement officer does not make a
decision in the case but helps the parties to negotiate a settlement. Settlement conferences may be particulariy helpful
when the parties have very different ideas about the likely outcome of a trial and would like an experienced neutral to help
guide them toward a resolution.

Arbitration: A neutral person called an "arbitrator" considers arguments and evidence presented by each side and then
decides the outcome of the dispute. Arbitration is less formal than a trial, and the rules of evidence are usually relaxed. If
the parties agree to binding arbitration, they waive their right to a trial and agree to accept the arbitrator's decision as final.
With nonbinding arbitration, any party may reject the arbitrator's decision and request a trial. Arbitration may be
appropriate when the parties want another person to decide the outcome of their dispute but would like to avoid the
formality, time, and expense of a trial.

SDSCciv-730(Rev 12-10) ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION

1
other ADR Processes: There are several other types of ADR which are not offered through the court but which may be
obtained privately, including neutral evaluation, conciliation, fact finding, mini-trials, and summary jury trials. Sometimes
parties will try a combination of ADR processes. The important thing is to try to find the type or t^es of ADR that are
most likely to resolve your dispute. Be sure to learn about the rules of any ADR program and the qualifications of any
neutral you are considering, and about their fees.

Local ADR Programs for Civil Cases

Mediation: The San Diego Superior Court maintains a Civil Mediation Panel of approved mediators who have met
certain minimum qualifications and have agreed to charge $150 per hour for each of the first two (2) hours of mediation
and their regular hourly rate thereafter In court-refenred mediations.

On-line mediator search and selection: Go to the court's ADR webpage at www.sdcourt.ca.aov/adr and click on the
"Mediator Search" to review individual mediator profiles containing detailed information about each mediator including
their dispute resolution training, relevant experience, ADR specialty, education and employment history, mediation style,
and fees and to submit an on-line Mediator Selection Form (SDSC form #CIV-005). The Civil Mediation Panel List, the
Available Mediator List, individual Mediator Profiles, and Mediator Selection Fomn (CIV-005) can also be printed from the
court's ADR webpage and are available at the Mediation Program Office or Civil Business Office at each court location.

Settlement Conference: The judge may order your case to a mandatory settlement conference, or voluntary settlement
conferences may be requested from the court if the parties certify that: (1) settlement negotiations between the parties
have been pursued, demands and offers have been tendered in good faith, and resolution has failed; (2) a judicially
supervised settlement conference presents a substantial opportunity for settlement; and (3) the case has developed to a
point where all parties are legally and factually prepared to present the Issues for settlement consideration and further
discovery for settlement purposes is not required. Refer to SDSC Local Rule 2.2.1 for more information. To schedule a
settlement conference, contact the department to which your case is assigned.

Arbitration: The San Diego Superior Court maintains a panel of approved judicial arbitrators who have practiced law for
a minimum of five years and who have a certain amount of trial and/or arbitration experience. Refer to SDSC Local
Rules Division II. Chapter III and Code Civ. Proc. S 1141.10 etsea or contact the Arbitration Program Office at (619)
450-7300 for more information.

More infomfiation about court-connected ADR: Visit the court's ADR webpage at; or contact the
court's Mediation/Arbitration Office at (619) 450-7300.

Dispute Resolution Programs Act (DRPA) funded ADR Programs: The following community dispute resolution
programs are funded under DRPA (Bus. and Prof. Code 465 et seq.):
In Central, East, and South San Diego County, contact the National Conflict Resolution Center (NCRC) at
www.ncrconline.com or (619) 238-2400.
In North San Diego County, contact North County Lifeline, Inc. at www.nclifeline.ora or (760) 726-4900.

Private ADR: To find a private ADR program or neutral, search the Internet, your local telephone or business directory,
or legal newspaper for dispute resolution, mediation, settlement, or arbitration services.

Legal Representation and Advice

To participate effectively in ADR, it is generally important to understand your legal rights and responsibilities and the
likely outcomes if you went to trial. ADR neutrals are not allowed to represent or to give legal advice to the participants in
the ADR process. If you do not already have an attomey, the Califomia State Bar or your local County Bar Association
can assist you in finding an attorney. Infonnation about obtaining free and low cost legal assistance is also available on
the California courts website at www.courtinfo.ca.aov/selfhelD/lowcost

SDSC civ.730(Rev 12-10) ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION

Page: 2

2
 F O R C O U RT U S E O N LY
SUPERIOR COURT OF CAUFORNIA, COUNTY OF SAN DIEGO
STREET ADDRESS: 330 West Broadway

MAILING ADDRESS: 330 West Broadway

CITY, STATE. & ZIP CODE: San Diego, CA 92101-3827

BRANCH NAME: Central

PLAINTIFF(S): Teresa Spehar Phd JD

DEFENDANT(S): Synthetic Genomics Inc

SHORT TITLE: TERESA SPEHAR PHD JD VS SYNTHETIC GENOMICS INC [IMAGED]

CASE NUMBER:
S T I P U L AT I O N T O U S E A LT E R N AT I V E
DISPUTE RESOLUTION (ADR) 37-2017-00033056-CU-OE-CTL

Judge: Judith F. Hayes Department: C-68

The parties and their attorneys stipulate that the matter is at issue and the claims in this action shall be submitted to the following
alternative dispute resolution (ADR) process. Selection of any of these options will not delay any case management timelines.

n Mediation (court-connected) D Non-binding private arbitration

n Mediation (private) Binding private arbitration

D Voluntary settlement conference (private) D Non-binding judicial arbitration (discovery until 15 days before trial)
O Neutral evaluation (private) O Non-binding judicial arbitration (discovery until 30 days before trial)
n Other {specify e.g., private mini-trial, private judge, etc.):

It is also stipulated that the following shall serve as arbitrator, mediator or other neutral: (Name)

Altemate neutral (for court Civil Mediation Program and arbitration only):

Signature Signature
If there are more parties and/or attorneys, please attach additional completed and fully executed sheets.
It is the duty of the parties to notify the court of any settlement pursuant to Cal. Rules of Court, rule 3.1385. Upon notification of the settlement,
the court will place this matter on a 45-day dismissal calendar.
No new parties may be added without leave of court.
IT IS SO ORDERED.

Dated: 09/07/2017 JUDGE OF THE SUPERIOR COURT

SDSCCIV^a (Rev 12-10)
STIPULATION TO USE OF ALTERNATIVE DISPUTE RESOLUTION

3
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
STREET ADDRESS; 330 W Broadway
MAILING ADDRESS: 330 W Broadway
CITY AND ZIP CODE: San Diego. CA 92101-3827
BRANCH NAME: Central

TELEPHONE NUMBER: (619) 450-7068

CASE ASSIGNMENT

Judge: Judith F. Hayes Department: C-68

COMPLAINT/PETITION FILED: 09/07/2017

TYPE OF HEARING SCHEDULED D AT E TIME DEPT JUDGE

C i v i l C a s e M a n a g e m e n t C o n f e r e n c e 0 3 / 0 2 / 2 0 1 8 1 0 : 0 0 a m C - 6 8 J u d i t h F. H a y e s

A case management statement must be completed by counsel for all parties or self-represented litigants and timely filed with the court
at least 15 days prior to the initial case management conference. (San Diego Local Rules, Division II, CRC Rule 3.725).

All counsel of record or parties in pro per shall appear at the Case Management Conference, be familiar with the case, and be fully
prepared to participate effectively in the hearing, including discussions of ADR* options.

IT IS THE DUTY OF EACH PLAINTIFF (AND CROSS-COMPLAINANT) TO SERVE A COPY OF THIS NOTICE WITH THE
COMPLAINT (AND CROSS-COMPLAINT), THE ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION FORM (SDSC
FORM #CIV-730), A STIPULATION TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (SDSC FORM #CIV-359), AND OTHER
DOCUMENTS AS SET OUT IN SDSC LOCAL RULE 2.1.5.

ALL COUNSEL WILL BE EXPECTED TO BE FAMILIAR WITH SUPERIOR COURT RULES WHICH HAVE BEEN PUBLISHED AS
DIVISION II, AND WILL BE STRICTLY ENFORCED.

TIME STANDARDS: The following timeframes apply to general civil cases and must be adhered to unless you have requested and
been granted an extension of time. General civil cases consist of all civil cases except: small claims proceedings,
civil petitions, unlawful detainer proceedings, probate, guardianship, conservatorship, juvenile, parking citation
appeals, and family law proceedings.

COMPLAINTS: Complaints and all other documents listed in SDSC Local Rule 2.1.5 must be served on all named defendants.

DEFENDANTS APPEARANCE: Defendant must generally appear within 30 days of service of the complaint. (Plaintiff may
stipulate to no more than 15 day extension which must be in writing and filed with the Court.) (SDSC Local Rule 2.1.6)
JURY FEES: In order to preserve the right to a jury trial, one party for each side demanding a jury trial shall pay an advance jury fee in
the amount of one hundred fifty dollars ($150) on or before the date scheduled for the initial case management conference in
the action.

COURT REPORTERS: Court reporters are not provided by the Court in Civil cases. See policy regarding nomial availability and
unavailability of official court reporters at www.sdcourt.ca.gov.
'ALTERNATIVE DISPUTE RESOLUTION (ADR): THE COURT ENCOURAGES YOU TO CONSIDER UTILIZING VARIOUS
ALTERNATIVES TO TRIAL, INCLUDING MEDIATION AND ARBITRATION, PRIOR TO THE CASE MANAGEMENT CONFERENCE.
PARTIES MAY FILE THE ATTACHED STIPULATION TO USE ALTERNATIVE DISPUTE RESOLUTION (SDSC FORM #CIV-359).

SDSC CIV-721 (Rev. 01-17) Pago: 1

NOTICE OF CASE ASSIGNMENT
 Superior Court of California
County of San Diego

NOTICE OF ELIGIBILITY TO eFILE

A N D A S S I G N M E N T T O I M A G I N G D E PA R T M E N T

This case is eligible for eFiling. Should you prefer to electronically file documents, refer to
General Order in re procedures regarding electronically imaged court records, electronic filing,
and access to electronic court records in civil and probate cases for rules and procedures or
contact the Court's eFiling vendor at www.onelegal.com for information.

This case has been assigned to an Imaging Department and original documents attached to
pleadings filed with the court will be imaged and destroyed. Original documents should not be
filed with pleadings. If necessary, they should be lodged with the court under California Rules of
Court, rule 3.1302(b).

On August 1, 2011 the San Diego Superior Court began the Electronic Filing and Imaging Pilot
Program ("Program"). As of August 1, 2011 in all new cases assigned to an Imaging Department all
filings will be imaged electronically and the electronic version of the document will be the official
court file. The official court file will be electronic and accessible at one of the kiosks located in the
Civil Business Office and on the Internet through the court's website.

You should be aware that the electronic copy of the filed document(s) will be the official court
record pursuant to Government Code section 68150. The paper filing will be imaged and held for
30 days. After that time it will be destroyed and recycled. Thus, you should not attach any
original documents to pleadings filed with the San Diego Superior Court. Original documents
filed with the court will be imaged and destroyed except those documents specified in
California Rules of Court, rule 3.1806. Any original documents necessary for a motion hearing or
trial shall be lodged in advance of the hearing pursuant to California Rules of Court, rule 3.1302^).
It is the duty of each plaintiff, cross-complainant or petitioner to serve a copy of this notice with
the complaint, cross-complaint or petition on all parties in the action.

On all pleadings filed after the initial case originating filing, all parties must, to the extent it is
feasible to do so, place the words "IMAGED FILE" in all caps immediately under the title of the
pleading on all subsequent pleadings filed in the action.

Pago: 2