Professional Documents
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EXHIBIT A
SUMMONS
(ctT4ctoM JUDICTAL)
tA
$aLo
NOTICE TO DEFENDANT:
(AV|SO AL DEMANDAO):
:Wiffie^-ff'fr:*"
10, inclusive
APR
l2
2016
Executive Oflir/Glerk
Sheni R' Carter'
"""" n"'na Griiatva' DePtnY
r'
A.M.
NOTICE] You have been su. The court may decide against you without your being heard unless you respond wilhn 30 days, Read the information
below.
You have 30 CALENAR DAYS afler this summons and legal papers are served on you to file a written response at this court and have a coPy
seryed on ihe plaintiff. A lelter or phone call will not protect you. Your written response must be in proper legal forrn if you want the court to hear your
case. There rnay be a court form that you can use for your response. You can lnd these court forms and more information at the California Courts
Online Self-Help Center (www.couftlnfo.ca.gov/selfheip), your county aw library, or tfre courthouse nearest you. lf you cnnot Pay the filing fee, ask
the court clerk ior a fee waiver fonn. lf you do not file your response on time, you rnay lose the cse by default, and your wages, money, and propefty
may be taken without further warning from the court.
here are other legal requirements. You may want to oall an attorney right away, lf you do not know an attorey, you may wanl to.cll an attorney
referral servioe. lf you cannot atford an attomey, yoq may e eligile for free legal serulces from a nonprofit legaf services progtarn. You can locte
these nonproflt grups at the Callfornia Legel SeMces Wb site (www.tawhelpca!fornia.org), the California Courts Online Self-Heip Center
lfen for walved fees and
lwww.coirtinlo.a.gou/setfhetpl, or by contacting your local court o counly bar association. NOTE: The court has a sttutory
osts on any settlement or arbitration award of $10,000 or more in a civil case, The court's lien rnust be pald before the ourt wlll dlsmiss tho case.
VISOI Lo'han demandado. S no respon de dentro de 30 das, la corte puede decidir en su contra sin escuchar su versn. Lea ta informacin d
.4
continuacin,
Tene 30 DIAS DE CALENDARTO despus de que te enteguen esta citacin y papeles i/egales para rcsntar un1 rspuasta por escrifo en esfa
ctrte y hacer que se enlregue una copia al demandante, IJna cafta o una llamada lelefnica no lo protagen. Su tspuesta pot scrito tiene gue esfar
en ormato legal correcta s,'desea qu procesen s, caso n ta coie. Es posr'b/e qu haya un formularo que usted pueda usar para s respuosf'
puede oncoitrat estos formularos de ta corte y ns nforffiacin en e! entro d Ayuda de /as Corfes de California (www.sucorte.ca .gov), en la
btbtioteca de /eys de su condado o n la corle que te quede ms cerca. Si no puede pagar la cuota de presantacn, Pda al secretaro de Ia corte
que le d un formutario de exencion de pago de coles, Si no presenf su respr.resta a tiempo, puede prdr l caso por incumplimnto y la cofte l
podr
qulrar su sualdo, dinero y lenes sin ns advertencla.
Hay tros requlslos legaies.'Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de
remiin a aogados. Si no puede pagar a un abogado, os posrb/e que cumpla con /os regulsilos para obtener seruicios legales gratutos de un
programa de servlcios legalos sit fines de lucro. Puede encontar aslos grupos srn fines de luao an el stio web de California Lagal Serv/ces,
ponndose en contacto con la corle o e!
ltvww.tawnelpcalifornia.org), en el Centro de Ayuda de las Corfes de alifornia,lwww,sucorte.ca .gov) o
cotegio de abogedos toates. ,AVJSO; Por tey, ta corte tene derecho rcclamar las cuos y /os cosjos exettos por mponer un grauamen sobre
cuanuer recuieracion de $10,000 ms cta valor rctbda medlant uh acutdo o una concesin de rbtraie en un caso de deracho civit. Tlena que
pagat et gravmn d la cofte antes d que la corte pueda desechar el caso,
CASE NUMBER:
(Nmsrc dsl Casr:
(EI nombre
BC6
t 6 7 ns
The name, address, and telephone number of plaintiffs attorney, or plaintff without an attorney, is:
(EI nombre, Ia direccin y el nmero de telfono del abogado del demandanle, o del demandante que no tiene abogado, es):
APR
I Z 2016
CA
90010
Tel: 213-387-3100
, Deputy
(Adjunto)
Clerk, by
tario)
NI.GRI,IALVA
f1
3.
f-l
on behalf of (specify):
under:
4.
Form Adoptd for lvtndly Use
Judldl Councl of allforn8
SUM-100 [Rev. ly l, 20091
T-l
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[:l
L*l
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cP 416.10 (corporation)
CCp 416.20(defunct corporation)
CCp 416,40 (association or prtnership)
t_f
other (specify):
personal
delivery on (date):
by
SUMMONS
Po
Code of c|vil Procdure S$
f2.20, 485
www.cow'liilo.ce,gv
EXHIBIT A
1
I
L
5
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APR
I 2 2T16
7
8
1l
Case No.
A.M.,
12
COMPLINT FOR:
Plaintiff,
l3
vs,
t4
15
T6
17
ts0e16?60
1) WRONGFUL TERMINATION
2) DTSCRIMINATION
3) FATLURE TO ACCOMMODATE OR
ENGAGE IN INTERACTIVE PROCESS
4) HOSTILE \ilORK ENVIRONMENT
s) RETALIATION
6) UNPAID WAGES (OVERTIME)
7) BUS. & PROF'.. CODE $ 17200
8) MISCLASSIFICATION
18
l9
20
2t
22
1.
Plaintiff is infonned and believes and based thereon alleges that, at all times herein
24
still is, a corporation with its principal location in the state of Washington' Defendant is a
25
prominent company in the video garne industry. It develops video garnes and sells games otl the
26
27
world.
are translated into numerous larrguages and distributed all over the
28
Case
No
COMPLAINT
EXHIBIT A
2
Z.
Plaintiff is unaware of the tlue names and capacities of the defendants sued herein
DOES 1 through 10, inclusive, and therefore, pursuant to section 474 of the Code of Civil
as
Proce{ure, sues these defendants by such fictitious nalnes. Defendants DOES I through l0 are
responsible in some rnaltner for the activities alleged herein and each was acting as an agent for the
others. Plaintiff witl arnencl this Complaint to add the true names of DOES I tlrough l0 once they
are ascertained,
3.
binding on Defendants.
r0
ll
4.
T2
13
5.
l4
iiaison with
l5
16
law enforcement officers of Spanish speaking countries' governments and providing customer
t7
service.
t8
6.
as
19
I{orvever, in about 20t2 shedecided to undergo gendertransition, and to do so, she needed to
20
move to Los Angeles where her cloctors r.vere locatecl arrcl she could also recover frorn the surgical
21
procedures while still working. Defendants accommodated her request to relocate and allowed lter
22
to work fi-om home due to the gender transition issues, as well as related disabilities including
23
24
25
Plaintiff be classified as an "independsnt conttactor" aithough slre was still perfonning the same
26
duties as when she lvas classified as an "enrployee." The title "independent contractor" is
27
irrelevant as Ptairtff was absolutely an employee under the law and she was tnis-classif,red as an
28
Case No.
COMPLAINT
EXHIBIT A
3
met'
performing service in whicli the Defendants were engaged; Her work was a part of the regular
busiress of Defedants; She maintained the same position fbr many years and was paid on au
hourly basis (as opposecl to being paid for a specif,rc project); and most imporlantly the Defendants
8.
She was
lost her-employee benefits, including healtii benefits, and she was also not paid overtime wages for
9.
10
complaining to humap resources about their unfair business practices of utilizing peopie who were
11
interested in their products to provide translation services for free. She complained that thess
12
unpaid translators, often very young minors, were being exploited and lured to work for
t3
Defendants based on faise promises made by her supervisor, Torsten Zabka. lndeed, they would
14
work hours upon hours based on promises that their work could lead to a paid position, but in the
l5
16
exploited minors and complained to Human Resources about this issue, and other complaints
17
involving Torsten Zabka creating a hostile work environtnent and mistreating ernployees.
18
10.
Then, within days afler a written complaint about the hostile work environment,
19
(whc complainls were never addressed by hmtan resources), on or about January 15,2016,
20
Plaitiff was termiriated without any valid basis. The stated reason for the termination was tllat
21
Plaintiffs job was beiug relocated to Washington. Howevet', when Plaintiff offered to relocate
22
back to Wastrington, Defendant refused. Thc stated Teason for tennination was pretextual and on
23
information and belief, there was never any actual iutent to relocate the job to Washingtorr.
24
The real reason for tennination was that Plaintiff was con:plairiing about the hostile
25
work environnrent and illegal busiuess practices as stated above. Moreover, Plaintiff vvas
26
tenninated due to her trans-gelrder status, While Defendants accommodated her at first, her direct
27
28
Case No,
COMPLAINT
EXHIBIT A
4
which is highly offensive to a trans-gender person. The term "it" dehumanizes transgender persons
and the usage of such a term by Torsten Zabka shows that he was biased against her and shorvs
that her trausgender status was another reason he decided to terminate her. The real reasols for
lZ.
As a direct and proximate result of tlie afcresaid acts of Defendants, Plaintiff has
suffered arrd
without limitation, loss of salary and benefits, all n an imount subject to proof at the tirne of trial.
Plaintiff clairns such amount as damages together with prejudgment interest pursuant to Civil Code
$ 3287 and any other provision of law provicling for ptejudgment interest'
l0
13.
lt
suffered and
t2
embarrassment, depression, stress, anxiety, fear and mental pain and anguish, all to
l3
14
14.
As a direct and proximate result of said wrongful acts by Defendants, Plaintiff has
Plaintiff
As a direct and proximate result of said wrongful acts by Defendants, Plaintiff has
t5
incurred attorneys' fees in an amount to be determined, for which Plaintiff claims a sum to be
16
l7
15.
The above recited actions of Defendants were done with malice, fraud andior
l8
oppression and in reckless disregard of the rights of Plaintiff under the Fair Ernployrnent and
l9
Housing Act, Defendants'conduct was despicable and justifies an award of punitive datnages in an
20
amount sufficient to deter them from errgaging iu such conduct again in the future, irl an arnouut
2t
22
16.
23
of Far Ernployrnent and Housing. On that same day, DEFH closed Plaintiff
24
allorv Plaintiff to pursue her action in court and issued a Rigt-to-Sue letter.
SEC OI\ID CA USE
25
ACTION AGAINST
EFEN DANTS
26
27
-O-F'
in order to
s case
17
as
if fully
28
Case No
4
COMPLAINT
EXHIBIT A
5
18.
issues including Asperger's Syndrome. Defendants knew about these disabilities and
accomrrodated them in 2012 rvhen they allowed Plaintiff to move to Los Angeles and work from
home, (The
ancl interactiori
also r.vith avoiding practical clifficulties of havirig to work in an office with people while
issue with r.vorking in the office as opposed to horne has to do with the socialization
1g.
with people, which is extremely difficult for Plaintiff due to these disabilities and
Plaintiff was able to perfbnn her job ciuties with the reasonable accomrnodation of
I
I
10
20.
11
reason for termination, to wit, that Plaintiff was being fired because they required her to work in
t2
the office in Washington. V/hen Plaintiff agreed to do this in order to save her job, despite her
r3
disabilities, Defendants flat out refused and said "'We ate not interested in moving you back to a
t4
l5
t6
t7
Zl..
ZZ.
20
21
a reasonable
18
19
24.
The interactive process required by the FEHA is an irfonlal process with the
22
23
24
25.
25
disabilities and failed arrd refused to errgage in an interactive process to reasonably identify a way
26
to accommoclate. For exanrple, if (which is not the case) Defendarrts truly had a valid reason to
27
require Plaintiff to work in the oftce with the other ernployees, a reasonable accommodation
28
Case No,
COMPLAINT
EXHIBIT A
6
might have been to give her a private office. But no such discussion was evetl engaged in because,
4
5
26.
l0
l1
1,2
13
T4
i5
t6
.
28.
Zg,
2"1
as
herein.
30.
31,
A supervisor engaged in the conduct, and Plaintiff reported the conduct to humart
32.
T7
18
FOB.RETALIA.TION
19
20
21
22
23
24
33.
34.
35.
36.
25
26
27
37
as
if fully
set
forth herein.
28
Case No.
6
COMPLATNT
EXHIBIT A
7
38.
Eight hours of labor constitutes a day's work, and any work in excess of 8 hours in I
workday and any work in excess of 40 hours in any one worklveek shall be compensated at the rate
of o less than one and one half times the regular rate of pay for an employee. Any work in excess
o1'12 hours in one day shaltbe cornpensated at the rate of no less than trvice the regular rate of pay
39.
lwc
hours per
.1
workday, arrcl/or rnore than 40 hours per workrveek, in an amount to be proven at ttial, but clid not
receive any overtirne wages for overtjnre hours suffered or permitted to work.
40.
Plaintiff is informed and believes and based thereon alleges that she was not exempt
10
from overtime uncler any applicable exemption, and, thelefbre, she was and is entitled to overtime
11
compensation.
t2
41.
t3
unpaid overtime compensation, penalties, interest, reasonable attorneys' fees, and costs in an
t4
15
t6
l7
42,
willfully failed
43.
Plaintiff is infonned and believes and based thereon alleges that Defendants
to pay Plaintiff accrued wages and other compensation due to upon termination'
Plaintiff is informed and believes and based thereon alleges that Defendants are
t8
liabte for statutory and civil waiting time penalties of up to 30 days of pay pursuant to Labor Code
19
20
2l
44.
for oveftime and waiting tirne penalties and other remedies ir arr anrouut to be proven at trial.
22
23
24
25
26
27
45.
46.
as
1720q)
if fully
Deferrdants, and each of them, are "persons" as defned under Business and
4'?.
28
Case No,
7
COMPLAINT
EXHIBIT A
8
committed the unfair business practices, as defined by Cal. Bus. & Prof' Code $ 17200, et seq., by
violating the laws alleged to have been violated in this Complaint and which allegations are
incorporatecl herein by reference and include, but are not lirnited to the
pay Plaintiff all rvages due and owing including overtime wages,
48.
49.
As a direct and proxirnate result of the aforesaid acts and conduct of said
Defendats, Plantiff is entitled to ancl hereby seeks attomeys' fees as permitted by law and
EIGHTH CA
10
50.
51.
t2
13
52.
53.
Plaitiff
54.
Pursuant to Labor Code $ 226.8, Plaintiff is entitlecl to recover penalties and other
2t
22
if fully
benefits and state disability benefits as a clirect and proxirnate result of the misclassification-
l9
20
as
t7
18
l5
16
EFENDANTS
1l
1.4
OF ACTTON GAINST
as
WHEREFORE, Plaintff prays for relief and judgment against Defeudants as follows:
23
A.
24
B,
For puitive and exernplary damages iu an amount found appropriate by the trier of fact in
accordartce rvith proofl
25
26
C.
27
D.
at $150'000'00;
28
Case No.
I
COMPLAINT
EXHIBIT A
9
E.
F,
C.
H.
For such other relief as the Court deems just and proper'
4
5
Dated:
(L [,,
Chad Biggins
Plaintiff hereby prays for a jury trial on all issues and causes of action so triable.
10
Dated:
Chacl Biggins
ll
l2
13
t4
l5
l
T7
l8
l9
z0
2l
22
23
24
25
26
27
28
Case No.
COMPLAINT
EXHIBIT A
10
Bil numbq,
FOR
and add.ess):
B Ivd 4 l0
310 w
Los Angeles, CA 900 l0
TELPHONE NO,:
2r3-387-3100
Plaintiff
ATTORNEY FOR
I N. HiII
BRANCHNAME:
les
LOs
213-387-3101
CONFStrMEB EPY
,.
or lg5 Angeles
cA
ORIGNL FIL
St.
MAILING ADORESS:
Fp<No.:
APR
90012
I 3 2016
CASE NAME:
tion
A.M. v Valve
CASE
[-
] counter ll
616?66
Joinder
JUDGE:
D
E
l-_l
Auto (22)
otn.,
Pr/PD/vvD (23)
Non-PUPDM/D (other)
ort
l--l
cor.rtdal(31)
f*-l
[--l
Em
0)
I-l
Enforcement ol Judgment
l--l
Residential(32)
orugs (3s)
l-l
above)
(42)
E
l-l
(21 )
ciaf review
(1
is not
complex under rule 3.400 of the california Rules of court. lf the case is complex, mark the
[-l
[-]
c.
(1
condemnatlon (14)
Wrongful eviction (33)
Judicaf Review
ts
tl
f--l
fJ
Defarnation {13)
Fraud (16)
2. This case
Construction defect
Mass lort (40)
Unlawful Detalnr
Other
Ral Property
Erninent domaitflnverse
l-l
Asbestos (04)
Product liablllty (24)
evidence f
c.
l-Zlpunitive
Date: 4l7l16
Chad B
ins
RE
plaintiff must file this cover sheet with the flrst paper fted in the action or proceeding (exc_ept small claims cases or cases flled
to file may result
under the probate Code, Famity Code, or Weliari: and lnstitutions Code). (Cal. Rules of Court, rule 3.220.) Failure
in sanctions.
fil ttrs cover sheet in addition to ny cover sheet required by local court rulecover sheet on all
lf this case is complex under rule 3.O et seq. of the balifornia Rules of Court, you must serve a copy of this
other parties to the action or proceeding.
purposes onl
Unless this is a collections cse under iule 3.740 or a complex case, this cover sheet will be used for statistical
C|. Rules of
C1,
rwtw.codllnlo,cagov
EXHIBIT A
11
Eotta
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ASSIGNEDJUDCE
DEPT
ROOM
,SSIGNED JUDGE
534
DIPT
48
506
49
s09
12
636
Hon, Deirdre
t4
300
50
508
t5
307
5l
stl
l6
306
52
5t0
t?
309
53
5t3
t9
311
54
512
20
31
55
5r5
24
314
56
5r4
28
318
58
5t6
30
400
6r
732
3l
407
62
600
32
406
6E
6t1
4oB
69
621
/Hon.
Dnicl S. Murphy
(tr4 Y
Hill
36
410
7t
729
37
413
72
73t
3E
4r7
73
7J3
39
4r5
74
735
40
414
78
7fi
42
416
45
s29
32{
ccw
46
500
r#eintraub
47
507
324
ccw
Hon. Dbre
768
*Cgmnlor
APRi-ffi]t_
LACIV CCH 190 (Rev.0?16)
LASC Approvcd 0S,06
SHERNT R. CA
By
Oflicer/Clerk
Deputy Clerk
Page I ofZ
EXHIBIT A
12