. JJl 3 \)Vlrl~.. SUPERIOR cou'rt FOR THE STATE' OF CALIFORNIA

Transcription

1 l!mcncholas & McNCHOLAS, LLP 2 j Matthew S. McNcholas, State Bar No._ 2 Abel Nar, State Bar No ! Wlshre Blvd., Sute 00 : Los Angeles, Calforna 002 'Tel: (3) -2 jfax: (3) - 2 Attorneys for Plantff STEPHEN MECHE STEPHEN MECHE, FLED Superor Court of Calforna County of Los An!!eles ~UN. JJl 3 \)Vlrl~.. SUPEROR cou'rt FOR THE STATE' OF CALFORNA Plantff, \ v. ; CTY OFLOS ANGELES, a government entty; LOS ANGELES FRE DEPARTMENT, a government entty; and DOES through 0, nclusve, Defendants. COUNTY OF LOS ANGELES CASE NO.: 2 Z0 BC 2 O o COMPLANT FOR DAMAGES. Dscrmnaton n Volaton of FEHA (Cal. Gov't Code 20 et seq.) 2. Harassment n Volaton of FEHA (Cal. Gov't Code 20 et seq.) 3. Retalaton n Volaton of FEHA (Cal. Gov't Code 20 et seq.) Retalaton n Volaton of Labor Code 2. DEMAND FOR JURY TRAL ~),;p t"t",.. \0,. ~ - 22 COMES NOW Plantff, STEPHEN MECHE, and hereby demands a tral b~j ~ 'Md. m»»m 23 based on nformaton and belef complans and alleges as follows: a ~ <z~~ <. r. \. r. m - :r.- -. At all tmes relevant hereto Plantff STEPHEN :ME CHE ("K!ecne " & S:: g.. (.J ~-- ::. N~ "Plantff') was a frefghter and certfed dver employed by the. Los Angeles Fre DejaJWnt. ~r - 2. ("the LAFD'' or "Department"), and was a competent adult. Plantff held the rank of \~p,,.'! """ 2 2 THE PARTES At:X:>00" :r.- :::c > x :#:. OZ':C(""'J.,,. " t;).. A ttt- 2 tt't ~ ~ t-b C:: 0 0 '-" o-. -J '-0 0 t-..)...,_.. ""

2 2. Frefghter/Dver, and was assgned to Fre Staton of the Los _Angeles Fre ,~:),;:n "" 2 ~<,..) +.../ \<..,) 2 $ ~~ 2..;!"' Department. 3. Plantff s nformed and beleves and heren alleges that, at all tmes relevant hereto, Defendant CTY OF LOS ANGELES ("Cty") was a publc entty volatng laws wthn the State of Calforna n the County. of Los Angeles. At all tmes pertnent hereto, Defendant Cty, owned, controlled, and operated the law enforcement agency known as the LAFD.. Plantff s nformed and beleves and heren alleges that, at all tmes relevant hereto, Defendant LOS ANGELES FRE DEPARTMENT ("LAFD") was a.publc entty volatng '. laws wthn the State of Calforna n the County of Los Angeles.. Plantff s nformed and beleves and thereupon alleges that Defendants DOES through 0, nclusve, and each of them, at all tmes relevant hereto, were ndvdual~ or publc, busness, and/or other enttes whose form s unknown commttng torts n and/or engaged n ' purposeful economc actvty wthn the County of Los Angeles, State of Calforna.. The true names and capactes of Defendants DOES through 0, and each of them, whether ndvdual, corporate, assocate or otherwse, are unknown to Plantff at ths tme, therefore Plantff sues sad Defendants by such fcttous names. Plantff wll fle DOE amendments, and/or ask leave of court to amend ths complant to assert the true names and : capactes of these Defendants when they have been ascertaned. Plantff s nformed and beleves, : and upon such nformaton and belef alleges, that each Defendant heren desgnated as a DOE was and s n some manner, neglgently, wrongfully, or otherwse, responsble and lable to Plantff for the njures and damages herenafter alleged, and that Plantffs damages as heren alleged were proxmately caused by ther conduct.. Plantff s nformed and beleves, and thereon ajleges, that at all tmes materal heren the Defendants, and each of them, were the agents, servants, or employees, or ostensble agents, servants, and employees of each other Defendant, and as such, were actng wthn the : course and scope of sad agency and employment or ostensble agency and employment, except on : those occasons when Defendants were actng as prncpals, n whch case, sad Defendants; and each of them, were neglgent n the select?n, hrng, and use of the other Defendants. 2

3 . At all tmes mentoned heren, each of the Defendants was the co-tortfeasor of each 2 of the other Defendants n dong the thngs herenafter alleged.. 3. Plantff s further nformed and beleves that at all tmes relevant hereto, ' Defendants, and each of them, acted n concert and n furtherance of the nterests of each other Defendant. The conduct of each Defendant combned and cooperated wth the conduct of each of the remanng Defendants so as to cause the heren descrbed ncdents and the resultng njures : and damages to Plantff. VENUE AND JURSDCTON. At all relevant tmes hereto, Plantff was resdng n the County of Los Angeles,. State of Calforna.,;s: '' " ~.. ~ ~~.../ ~.. ~.. ~= \.,..-!',;n At all relevant tmes hereto, the Defendants, and each of them, were resdents of the County of Los Angeles, State of Calforna. 2. The wrongful conduct alleged aganst the Defendants, and each of them, occurred n ; the County of Los Angeles, State of Calforna. At all relevant tmes hereto, the conduct at ssue was part of a contnuous and ongong pattern of behavor.. Ths Court s the proper court because the wrongful acts that are the subject of ths acton occurred here, at least one Defendant now resdes n ts jursdctonal area, and njury to person or damage to personal property occurred n ts jursdctonal area.. Plantff has compled wth and/or exhausted any applcable clams statutes and/or admnstratve and/or nternal remedes and/or grevance procedures, and/or s excused from complyng therewth. Plantff has compled wth the clam presentaton requrement of Calforna Government Code. and 2.. Plantff fled a government clam wth the Cty of Los. Angeles on or about November 2, 20, whch was dened on or about January, 20. Plantff fled a complant wth the Department of Far Employment and Housng ("DFEH") on or about November 2, 20, and was ssued a rght-to-sue notce on or about November 2,

4 GENERAL ALLEGATONS \;!;) 2 -;" ~'-,S 2 ~. ~.. 2,~),_.. ~" 2. Plantff s years of age, and has been a member of the Los Angeles Fre Department snce.. Begnnng n 20, and on a contnung and ongong bass up to and ncludng today, Plantff has been harassed, dscrmnated aganst, and retalated aganst for challengng and reportng what he reasonably beleved were unlawful actvtes by certan members of the Los Angeles Fre Department and by certan people wthn the dve teams and dve unts.. n early 20, and contnung to the present date, Captan Tom Haus, Frefghter/Dver Jason Teter, and varous other ndvduals wthn the Department contnually made references to Plantffs senorty as comng n the way of hs ablty to perform and contrbute to the dve program at LAFD. Plantff s certfed and had taught the dve program for a number of years. n September 20, Plantff engaged n protected actvty by complanng to Battalon Chef Ray Gomez regardng some of the dscrmnaton and harassment he had suffered, yet no acton was taken. Begnnng n August of 20, Deputy Chef Darren Palacos, Battalon Chef Dave Frelnger, and Captan Bran Hshnuma decded to wthdraw Plantffs status as a "mate" preventng Plantff from recevng overtme days for whch he was enttled to.. _ Begnnng n March 20, Plantff reported that: (a) certan fre department property that was purchased wth funds from USA Federal Grant funds was beng destroyed n contraventon of the Grant and the laws controllng the use of such equpment; (b) that the record keepng concernng such destroyed grant equpment was "lkely falsfed" to cover-up the destructon of the property because Grant equpment must be retaned and catalogued even f t wll not be used; ( c) that certan other Grant equpment (dry suts) were unlawfully dscarded; ( d) that offcer level personnel engaged n dves at a depth beyond ther certfcaton, jeopardzng Plantffs certfcaton as an nstructor and exposng hm to personal lablty; (d) that certan ndvduals, n creatng certan tranng materals pursuant to the Grant funds plagarzed or

5 otherwse mproperly used copyrghted materal by submttng such materal as hs own to the State ,;!p 2 ~') \'-,_.. 2 ~ - \<..J 2,~, --t ~") 2 of Calforna on behalf of LAFD (the Grant was desgned for the creaton of a state certfed dvng course for rescue personnel}; ( e).that certan people were abusng Grant funds by falsfyng hours worked on tranng under the Grant,.e., sayng they were dong Grant tranng and beng pad for t wth Grant money wthout actually dong all the tranng; (f) that Clamant was dened compensaton for hours worked pursuant to the Grant after t was pre-approved; and (g) and other acts Plantff beleved volated State and Federal law.. Plantff also reported, n conjuncton wth the above, that he was beng retalated aganst n contraventon of Government Code Commencng n 20, and contnung to the present, Defendants created and allowed to exst a hostle envronment and dscrmnated aganst Plantff on the bass of hs age. Such dscrmnaton was n volaton of the Far Employment and Housng Act (CAL. Gov'T C.. 20, et seq. Government Code 20, et seq. and the publc polcy emboded theren. 2. By reportng these legal volatons, and/or refusng to partcpate n such volatons, Plantff contnued to be harassed, dscrmnated, and retalated aganst n contraventon of state and federal law. Such ncluded beng ostraczed, dened overtme, transferred, harassed, degraded, beng subjected to a constant and pervasve hostle work envronment, beng margnalzed wthn the dvng unt so as to push Plantff out of the dvng unt, and otherwse tryng to make Plantff's. lfe on the job so dffcult that he smply goes away and retres. 22. The harassment, dscrmnaton, and retalaton also ncludes refusng to nvestgate Plantff's clams wthn the varous nterna.l nvestgaton systems created and used by LAFD wthout tellng Plantff such. Defendants, and each of them, lead Plantff to beleve that standard custom, practce and polcy was beng followed when n fact t was not. t s only after the statute of lmtatons expred wth no word from the Department that Plantff fnally realzed Defendants, and each of them, had smply swept t all under the rug and were gong to do nothng about t and were gong to smply let the bad conduct stand wthout redress. 2. Plantff's career has been materally and adversely affected, and rreparably harmed and damaged by the conduct of the Defendants. Plantff was retalated aganst for reportng what

6 "") ~ \~) 2 ).~.J..., 2 ~.) 2 ~)... ~.,,,") 2 he reasonably beleved to be harassment, dscrmnaton, and napproprate age-based dscrmnatory practces, for engagng n protected actvty, ncludng standng up for hs rghts and the rghts of the publc, dentfyng what he beleved. to be volatons of state and federal law and the state and federal consttutons, dentfyng volatons that he beleved amounted to msuse of Federal Grant funds. As a drect and proxmate consequence of reportng such msconductwhch consttutes protected actvty under state and federal law-defendants, and each of them, retalated aganst, dscrmnated aganst, and harassed Plantff, and subjected Plantff to adverse employment actons. Those adverse employment actons nclude but are not lmted to: Plantff begn removed from all dve team responsbltes; Plantff beng removed as an nstructor; Plantff beng removed as a tranng cadre; Plantff beng excluded from beng compensated for ; State Fre Marshall nstructor Tranng; falng to take acton on Plantffs formal complants; : falng to conduct a proper nvestgaton regardng Plantff's formal complants; falng to pay Plantff for 0 hours of work; falng to provde Plantff wth overtme he would have been enttled to; beng dened prvleges and benefts assocated wth hs poston; and beng dened a work envronment free of dscrmnaton and/or retalaton. As a result, Plantff has. suffered damage to hs reputaton, and mental stran;among other negatve actons. 22. Plantff has suffered both general and specal damages n the past and present and 'wll contnue to suffer such damages n the future for an unknown perod of tme. Plantff has also suffered and contnues to suffer losses n earnngs and other employment benefts, as well as past and future non-economc njury. Ths has caused damage to hs professonal reputaton, hs ablty to promote, hs ablty to be selected for other unts, hs ablty to work, has caused negatve ratngs, wll cause hm to have to take a dfferent retrement path, has caused hm to lose overtme opportuntes and pay, and wll adversely affect hs ncome, hs penson and other benefts. Moreover, t has adversely affected hs personal health and well beng, ncludng medcal expenses that are antcpated nto the future and may force an early retrement. Plantff has also suffered extensve general damages n the form of anxety, angush, and mental sufferng. Plantffs damages are contnung and n an amount not yet determned, but n excess of $2,000.

7 23. The conduct of Defendants, and each of them, was a volaton of Plantffs rghts, 2 as descrbed above, as well as hs rghts under both state and federal law, ncludng but not lmted 3 to the Far Employment and Housng Act (CAL Gov'T C. 20, et seq.), and Calforna Labor Code 2.. Therefore, Defendants, and each of them, are lable under FEHA for dscrmnaton, harassment and retalaton, and for whstleblowng under Labor Code 2.. The wrongful conduct of Defendants, and each of them, s contnung and ongong as of the present date. FRST CAUSE OF ACTON BY PLANTFF AGANST ALL DEFENDANTS DSCRMNATON N VOLATON OF FEHA, CAL. GOV'T C. 20, ET SEQ. 2. Plantff re-alleges and ncorporates by reference each and every allegaton 2 contaned n paragraphs -23 of ths complant as though fully set forth heren agan. 2. At all tmes heren mentoned, Government Code 20, et seq. was n full force and effect and was bndng upon Defendants, and each of them. 2. At all tmes heren mentoned, Plantff was n the protected class of persons,.e., over the age of 0 and engaged n protected actvtes contemplated by Government Code 20, et seq. Plantff s nformed and beleves that Defendants, and each of them, harassed and dscrmnated aganst hm based on hs age, and for reportng and speakng out aganst wrongful and dscrmnatory treatment based on age, speakng out aganst mproper conduct, and for 20 generally attemptng to protect and secure hs rghts and the rghts of others under the FEHA Commencng n 20, and contnung to the present, Defendants created and 22 allowed to exst a hostle envronment and dscrmnated aganst Plantff on the bass of hs age. 23 : Such dscrmnaton was n volaton of Government Code 20, et seq. and the publc polcy 2 ' emboded theren. ~.. 2 l~.r~ ~.. / ~.. 2 \~.J 2. At all tmes heren mentoned, Defendants, and each of them, had actual and/or constructve knowledge of the dscrmnatory conduct leved aganst Plantff by Defendants, fellow employees and superors. Moreover, such retalaton, harassment, and dscrmnatory '.;~ 2 conduct was also conducted and/or condoned by Defendants, and each of them.

8 2. As a drect, foreseeable and proxmate result of Defendants' dscrmnatory conduct ,~) ~") ~.. \.;;>,.. ~.. ( ~,. ;;p -,:n 2 and falure to act, Plantff suffered and contnues to suffer humlaton, embarrassment, anxety, mental angush and emotonal dstress. Plantff was requred to and dd employ, and wll n the future employ, physcans and health care provders to examne, treat and care for Plantff, and dd, and wll n the future, ncur medcal and ncdental expenses. The exact amount of such expenses s unknown to Plantff at ths tme. 30. As a drect, foreseeable and proxmate result of the Defendants' dscrmnatory. conduct, Plantff suffered and contnues to suffer losses n earnngs and other employment benefts all to hs damage n an amount n excess of the mnmum jursdctonal lmts of ths court, the precse amount of whch wll be proven at tral. 3. As a further legal result of the above-descrbed conduct of Defendants, and each of them, Plantff has and wll contnue to ncur attorneys' fees and costs n an amount accordng to proof. SECOND CAUSE OF ACTON BY PLANTFF AGANST ALL DEFENDANTS HARASSMENT N VOLATON OF FEHA, CAL. Gov'T C. 20, ET SEQ. 32. Plantff re-alleges and ncorporates by reference each and every allegaton contaned n paragraphs -3 of ths complant as though fully set forth heren agan. 33. At all tmes heren mentoned, Government Code 20, et seq. was n full force and effect and was bndng upon Defendants, and each of them.. Sad law requred Defendants, and each of them, to refran from harassng any employee based upon ther age, and.to provde each employee wth a workng envronment free from harassment. 3. At all tmes heren mentoned, Plantff was n the protected class of persons,.e., over the age of 0, and engaged n protected actvtes contemplated by Government Code 20, et seq. Plantff s nformed and beleves that Defendants, and each of them, harassed hm. based on hs age, and for reportng and speakng out aganst wrongful and dscrmnatory treatment ' based on age, speakng out aganst mproper conduct, and for generally attemptng to protect and secure hs rghts and the rghts of others under the FEHA.

9 ,:::p :P "!.~ 2 ~.. ~ -/ ~.. 2 \~.! \~) ~ 2 -:: ; 3. Commencng n 20, and contnung to the present, Defendants created and allowed to hostle envronment and harassed Plantff on the bass of hs age. Such harassment was n volaton of Government Code 20, et seq. and the publc polcy emboded theren. 3. At all tmes heren mentoned, Defendants, and each of them, had actual and/or constructve knowledge of the harassng conduct leved aganst Plantff by Defendants, fellow employees and superors. Moreover, such retalaton, harassment, and dscrmnatory conduct was also conducted and/or condoned by Defendant~, and eacj'l of them. 3. As a drect, foreseeable and proxmate result of Defendants' harassng conduct and falure to act, Plantff suffered and contnues to suffer humlaton, embarrassment, anxety, mental angush and emotonal dstress. Plantff was requred to and dd employ, and wll n the future employ, physcans and health care provders to examne, treat and care for Plantff, and dd, and wll n the future, ncur medcal and ncdental expenses. The exact amount of such expenses s unknown to Plantff at ths tme. 3. As a drect, foreseeable and proxmate result of the Defendants' harassng conduct, Plantff suffered and contnues to suffer losses n earnngs and other employment benefts all to hs damage n an amount n excess of the mnmum jursdctonal lmts of ths court, the precse amount of whch wll be proven at tral. 3. As a further legal result of the above-descrbed conduct of Defendants, and each of them, Plantff has and wll contnue to ncur attorneys' fees and costs n an amount accordng to proof. THRD CAUSE OF ACTON BY PLANTFF AGANST ALL DEFENDANTS RETALATON N VOLATON OF FEHA, CAL. Gov'T C. 20, ET SEQ. 0. Plantff re-alleges and ncorporates by reference each and every allegaton contaned n paragraphs -3 of ths complant as though fully set forth heren agan.. At all tmes heren mentoned, Government Code 20, et seq., was n full force and effect and were bndng upon Defendants, and each of them. Sad sectons requred

10 2 3 2 f \~) ~"";... 2 \~. l ~- ~",~,, 2 \~ _,.,,;n 2 Defendants, and each of them, to refran from retalatng aganst an employee for hm opposton to employment practces prohbted under FEHA. 2. At all tmes heren mentoned, Plantff was n the protected class of persons,.e., : over the age of 0, and engaged n protected actvtes contemplated by Government Code 20, et seq. Plantff s nformed and beleves that Defendants, and each of them, retalated aganst hm for speakng out aganst napproprate workplace behavor, reportng and speakng out aganst wrongful and dscrmnatory, harassng, and retalatory treatment based on hs age, speakng out aganst mproper conduct, and for generally attemptng to protect and secure hs rghts under the FEHA. 3. CommenCng n 20, and contnung to the present, Defendants created and allowed to exst a hostle envronment and retalated aganst Plantff on the bass of hs protected actvty. Such retalaton was n volaton of Government Code 20, et seq. and the publc polcy emboded theren.. At all tmes heren mentoned, Defendants, and each of them, had actual and/or constructve knowledge of the retalatory conduct leved aganst Plantff by Defendants, fellow employees and superors. Moreover, such retalaton, harassment and dscrmnatory conduct was also conducted and/or condoned by Defendants, and each of them.. As a drect, foreseeable and proxmate result of Defendants' retalatory conduct, Plantff suffered and contnues to suffer humlaton, embarrassment, anxety, mental angush and emotonal dstress. Plantff was requred to and dd employ, and wll n the future employ, physcans and health care provders to examne, treat and care for Plantff, and dd, and wll n the future, ncur medcal and ncdental expenses. The exact amount of such expenses s unknown to Plantff at ths tme.. As a drect, foreseeable and proxmate result of the Defendants' retalatory conduct, Plantff suffered and contnues to suffer losses n earnngs and other employment benefts all to hs damages n an amount n excess of the mnmum jursdctonal lmts of ths court, the precse amount of whch wll be proven at tral.

11 . As a further legal result of the above-descrbed conduct of Defendants, and each of 2 them Plantff has and wll contnue to ncur attorneys' fees and costs n an amount accordng to 3 'proof. FOURTH CAUSE OF ACTON BY PLANTFF AGANST ALL DEFENDANTS RETALATON N VOLATON OF LABOR CODE 2.. Plantff re-alleges and ncorporates by reference each and every allegaton contaned n paragraphs - of ths complant as though fully set forth heren agan.. At all tmes heren.mentoned, Calforna Labor Code 2. was n full force and [ effect and was bndng on the Defendants, and each of them. 0. Defendants, and each of them, made, adopted, and/or enforced rules, regulatons, 2 and/or polces desgned to prevent employees from dsclosng nformaton to a government or law : enforcement agency, whch Plantff had reasonable cause to beleve dsclosed volatons of state or j federal statutes, or state or federal rules and regulatons, as dentfed heren.. All of the complants mentoned above were made by Plantff to the Los Angeles. Fre Department, and Plantff had reasonable cause to beleve that the allegatons dsclosed : volatons of state or federal statutes, or state or federal rules and regulatons, ncludng but not! lmted to commttng Grant Fraud. 2. Defendants, and each of them, retalated aganst Plantff for dsclosng nformaton 20 to the Los Angeles Fre Department and/or refusng to engage n the llegal actvty, whch the '. 2 : Plantff had reasonable cause to beleve dsclosed volatons of state or federal statutes, or! 22! volatons or noncomplance wth state or federal rules or regulatons, as dentfed heren As a result, Plantff was subject to adverse employment actons ncludng but not ' 2 lmt to: Plantff begn removed from all dve team responsbltes; Plantff beng removed as an,~:;- 2 : nstructor and suffers a loss of pay; Plantff beng removed as a tranng cadre; Plantff beng,,) :: 2. ~- ~ 2 \"-~- ~ ~ \-,,; 2 ~') 'excluded from beng compensated for State Fre Marshall nstructor Tranng; falng to take acton. on Plantffs formal complants; falng to conduct a proper nvestgaton regardng Plantffs formal complants; falng to pay Plaptff for 0 hours of work; falng to provde Plantff wth

12 overtme he would have been enttled to; beng dened prvleges and benefts assocated wth hs ' 2 poston; and beng dened a work envronment free of dscrmnaton and/or retalaton. : 3. A motvatng factor for the Defendants to engage n the foregong adverse : employment actons aganst Plantff was to retalate for Plantffs reportng the LAFD's msuse of ' ' j Federal Grant Funds, Plantffs reportng of llegal actvty, and Plantffs contnual engagement n protected actvtes, dsclosng nformaton to the Cty of Los Angeles and the Los Angeles Fre Department, whch the Plantff had reasonable cause to beleve dsclosed v~latons of state or federal statutes, or volatons or ~oncomplance wth state or federal rules or regulatons, as ~ dentfed heren.. Defendants, and each of them, allowed, permtted, condoned, ratfed, and/or enabled the retalaton and/or other wrongful conduct as descrbed heren. 2. As a legal result of the above-descrbed conduct of Defendants, and each of them,! Plantff has sustaned and wll contnue to sustan physcal, mental, and.emotonal njures, pan, ; dstress, sufferng, angush, frght, nervousness, gref, anxety, worry, shame, mortfcaton, njured feelngs, mental sufferng, shock, humlaton, and ndgnty, as well as other unpleasant physcal, ' mental, and emotonal reactons, damages to good name, reputaton, standng n the communty, ; and other non-economc damages. \"" }' -!... ';"'!.<,.,~::;-; )"':,~ ~. As a further legal result of the above-descrbed conduct of Defendants, and each of! ~ them, Plantff was requred, and/or n the future may be requred, to engage the servces of health 20 ; care provders, and ncurred expenses for medcnes, health care applances, modaltes, and/or 2 other related expenses n a sum to be ascertaned accordng to proof As a further legal result of the above-descrbed conduct of Defendants, and each of 23! : them, Plantff was and/or wll. be hndered, prevented, and/or. precluded. from performng Plantffs 2 usual actvtes, namely the poston of a full-tme Frefghter/Dver employed by thelos Angeles Fre Department, causng the Plantff to sustan damages for loss of ncome, wages, earnngs, and ~earnng capacty, and other economc damages, n an amount to be ascertaned accordng to proof. : Plalltff clams such amount as damages together wth prejudgment nterest pursuant to Calforna 'Cvl Code secton 32 and/or any other provson of law provdng for prejudgment nterest. 2

13 . As ~ further legal result of the above-descrbed conduct of Defendants, and each of 2 3. : them, Plantff suffered ncdental, consequental, and/or specal damages, n an amount accordng to proof. 0. As a further legal result of the above-descrbed conduct of Defendants, and each of. '. them, Plantff has and wll contnue to ncur attorneys' fees and costs n an amount accordng to : proof.. Fnally, as a drect and proxmate result of the aforesad unlawful acts of Defendants, and each of them, Plantff suffered stress-related health consequences. Pl,l.ntff : clams general damages for such health problems n an amount to be proven at tme of tral. PRAYER WHEREFORE, Plantff seeks judgment aganst all Defendants, and each of them, on all 2 Causes of Acton for:. Physcal, mental, and emotonal njures, pan, dstress, sufferng, angush, frght,! nervousness, gref, anxety, worry, shame, mortfcaton, njured feelngs, shock, humlaton and : ndgnty, as well as other unpleasant physcal, mental, and emotonal reactons, damages to reputaton, and other non-economc damages, n a sum to be ascertaned accordng to proof; 2. Health care, servces, supples, medcnes, health care applances, modaltes, and : other related expenses n a sum to be ascertaned accordng to proof; 3. Loss of wages, ncome, earnngs, earnng capacty, support, domestc servces, 20 : benefts, and other economc damages n a sum to be ascertaned accordng to proof; 2. Other actual, consequental, and/or ncdental damages n a sum to be ascertaned 22 accordng to proof; 23. Attorney fees and costs of sut pursuant to statute; 2. Costs of sut heren _ncurred; ~) ;n \~.) ~ -/ ~~\N~ ~) ~....\~'"J 2. Pre-judgment nterest; and !

14 ~---~---,---! 2 l. Such other and further relef as the Court may deem just and proper. McNCHOLAS & McNCHOLAS, LLP By:_-::-"':"---:---:-----=-=-:--:--., Matthew S. McNcholas Abel Nar Attorneys for Plantff STEPHEN MECHE \

15 T-- - DEMAND FOR JURY TRAL 2 Plantff hereby demands a jury tral. 3,~) ,;n ~.. 2 \'c) ~.../ ~~.. 2 \\ " ~) ~..,_-!' 2 "")! Dated: June 2, 20 McNCHOLAS & McNCHOLAS, LLP By:_\ /~\J.., ::.. ~~cncholas. Abel.Nar Attorneys for Plantff STEPHEN MECHE

16 ,;n.. \'-.).. J A :TRNEY OR PARTY WTHOUT A TORNEY (Name. State Bar number, and address): McNCHOLAS & McNCHOLAS, LLP Matthew S. McNcholas, SBN 2/Abel Nar, SBN 22 Wlshre Blvd., Sute 00 Los Angeles, CA 002 TELEPHONE NO.: (3) :-2. FAX NO.: (3) - ATORNEY FOR (Name): Plantff, Stephen Meche SUPEROR COURT OF CALFORNA, COUNTY OF str::eraddress: N. Hll Street MALNG ADDRESS: ctyandzpcode: Los Angeles, CA 002 BRANCH NAME: Central LOS ANGELES CASE NAME: MECHE V. CTY OF LOS ANGELES, et al. CVL CASE COVER SHEET Complex Case Desgnaton CM-0 FOR COURT USE ONLY FLED Superor Court of Calforna County of Lo~ An!!eles CASE NUMBER: [ZJ Unlmted D lmted D Counter D Jonder (Amount (Amount JUDGE: demanded demanded s Fled wth frst appearance by defendant exceeds $2,000) $2,000 or less) (Cal. Rules of Court, rule 3.02) DEPT: tems - below must be completed (see nstructons on page 2).. Check one box below for the case type that best descrbes ths case: Auto Tort Contract D Auto (22) D Breach of contracvwarranty (0) D Unnsured motorst c') D Rule 3.0 collectons (0) Other Pl/PD/WO (Personal njury/property Other collectons (0) Damage/Wrongful Death) Tort D nsurance coverage () D Asbestos (0) D Other contract (3) D Product lablty (2) D Medcal malpractce () D Other Pl/PD/WO (23) Non-Pl/PD/WO (Other) Tort D Busness tort/unfar busness practce (0) D Cvl rghts (0) D Defamaton () D Fraud() D ntellectual property () D Professonal neglgence (2) Real Property D Emnent doman/nverse condemnaton () D Unlawful Detaner Commercal (3) D Resdental (32) Wrongful evcton (33) Other real property (2) D Drugs (3) Judcal Revew \UN 2 Z0 Provsonally Complex Cvl Ltgaton (Cal. Rules of Court, rules ) D AnttrustfTrade regulaton (03) D Constructon defect () D Mass tort (0) D Securtes ltgaton (2) D Envronmental/Toxc tort (30) D nsurance coverage clams arsng from the above lsted provsonally complex case types () Enforcement of Judgment D Enforcement of judgment (20) Mscellaneous Cvl Complant D RC0(2) D Other complant (not specfed above) (2) Mscellaneous Cvl Petton D Other non~pl/pd/wo tort (3) Asset forfeture (0) Partnershp and corporate governance (2) Employment D Petton re: arbtraton award () D Other petton (not specfed above) (3) D Wrongful termnaton (3) D Wrt of mandate (02) GZJ Other employment () D Other judcal revew (3) 2. Ths case D s GZJ s not complex under rule 3.00 of the Calforna Rules of Court. f the case s complex, mark the factors requrng exceptonal judcal management: a. D Large number of separately represent~d partes b. D Extensve moton practce rasng dffcult or novel ssues that wll be tme-consumng to resolve c. D Substantal amount of documentary evdence 3. Remedes sought (check all that apply): a.gzj monetary. Number of causes of acton (specfy):. Ths case D s GZJ s not a class acton sut. d. D Large number of wtnesses e. D Coordnaton wth related actons pendng n one or more courts n other countes, states, or countres, or n a federal court f. D Substantal postjudgment judcal supervson b. D nonmonetary; declaratory or njunctve relef c. D puntve : f there are any known related cases, fle and serve a notce of related case.;a}.yo may use form CM-0.) Date: June 2, 20. Abel Nar ~ V~ (TYPE OR PRNT NAME) ~-~~~(.. ~~":!"'=~o""f""p""'ar=rv"'"""o""r ""'An=oR=-N=E-Y.,,.FO=R'"'P"'"A=RTY~)---- NOTCE Plantff must fle ths cover sheet wth the frst paper fled n the acton or proceedng (except small clams cases or cases fled under the Probate Code, Famly Code, or Welfare and nsttutons Code). (Cal. Rules of Court, rule ) Falure to fle may result n sanctons. Fle ths cover sheet n addton to any cover sheet requred by local court rule. f ths case s complex under rule 3.00 et seq. of the Calforna Rules of Court, you must serve a copy of ths cover sheet on all other partes to the acton or proceedng. ~.. Unless ths s a collectons case under rule 3.0 or a complex case, ths cover sheet wll be used for statstcal purposes onlv. ~)'==~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~:==:==~~~~~~~~===~= ~e==ol=:!2 ~- Form Adopted for Mandatory Use CVL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, , 3.0; Judcal Councl of Calforna Cal. Standards of Judcal Admnstraton, std. 3..;;l" CM-0 (Rev. July, 200] 0

17 CM-0 NSTRUCTONS ON HOW TO COMPLETE THE COVER SHEET To Plantffs and Others Flng Frst Papers. f you are flng a frst paper (for example, a complant) n a cvl case, you must complete and fle, along wth your frst paper, the Cvl Case Cover Sheet contaned on page. Ths nformaton wll be used to comple statstcs about the types and numbers of cases fled. You must complete tems through on the sheet. n tem, you must check one box for the case type that best descrbes the case. f the case fts both a general and a more specfc type of case lsted n tem, check the more specfc one. f the case has multple causes of acton, check the box that best ndcates the prmary cause of acton. To assst you n completng the sheet, examples of the cases tha: belong under each case type n tem are provded below. A cover sheet m'ust be fled only wth your ntal paper. Falure to fle a cover sheet wth the frst paper fled n a cvl case may subject a party, ts counsel, or both to sanctons under rules 2.30 and of the Calforna Rules of Court. To Partes n Rule 3.0 Collectons Cases. A "collectons case" under rule 3.0 s defned as an acton for recovery of money owed n :a sum stated to be certan that s not more than $2,000, exclusve of nterest and attorney's fees, arsng from a transacton n whch property, servces, or money was acqured on credt. A collectons case does not nclude an acton seekng the followng: () tort damages, (2) puntve damages, (3) recovery of real property, () recovery of personal property, or () a prejudgment wrt of attachment. The dentfcaton of a case as a rule 3.0 collectons case on ths form means that t wll be exempt from the general tme-for~servce requrements and case management rules, unless a defendant fles a responsve pleadng. A rule 3.0 collectons case wl[ be subject to the requrements for servce and obtanng a judgment n rule 3.0. To Partes n Complex Cases. n complex cases only, partes must also use the Cvl Case Cover Sheet to desgnate whether the case s complex. f a plantff beleves the case s complex under rule 3.00 of the Calforna Rules of Court, ths must be ndcated by completng the approprate boxes n tems and 2. f a plantff desgnates a case as complex, the cover sheet must be served wth the complant on all partes to the acton. A defendant may fle and serve no later than the tme of ts frst appearance a jonder n the plantffs desgnaton, a counter-desgnaton that the case s not complex, or, f the plantff has made no desgnaton, a desgnaton that the case s complex. CASE TYPES AND EXAMPLES Auto Tort Contract Autc (22)-Personal njury/property Breach of Contract/Warranty (0) bamage/wrongful Death Breach of Rental/Lease Unn'sured Motorst () (f the Contract (not unlawful detaner case nvolves an unnsured or wrongful evcton) motorst clam subject to Contract/Warranty Breach-Seller arbtraton check ths tem Plantff (not fraud or neglgence) nstead of Auto) Neglgent Breach of ContracU Other PlPD/WD (Personal njury/ Warranty Property, Damage/Wrongful Death) Ot~er Breach of Contract/Warranty Tort : Collectons (e.g., money owed, open Asbestos (0) book accounts) (0) Asbestos Property Damage Collecton ~ase-seller Plantff Asbestos Personal njury/ Other Promssory Note/Collectons. j Wrongful Death Product Lablty (not asbestos or Case.. nsurance Cover~ge (not provsona/ly toxc/envronmental) (2) complex) (}. Medcal Malpractce () Auto Subrogaton Medcal Malpractce- Other Co~erage Physcans & Surgeons Other Contract (3) Other Professonal Health Care Contractual Fraud Malpractce Other Contract Dspute Other PllPDWD (23) Real Property Premses Lablty (e.g., slp Emnent Doman/nverse and fall) Condemnaton () ntentonal Bodly njury/pd/wo Wrongful Evcton (33), (e.g., assault, vandalsm) Other Real Property (e.g., quet ttle) (2)!ntentonal nflcton of Wrt of Possesson of Real Property. Emotonal Dstress Mortgage Foreclosure Neglgent nflcton of Quet Ttle ; Emotonal Dstress Other Real Property (not emnent Other PllPDWD doman, landlord/tenant, or Non-Pl/PD/WO (Other) Tort foreclosure) Busness Tort/Unfar Busness Unlawful Detaner Practce (0) Commercal (3) Cvl Rghts (e.g., dscrmnaton, Resdental (32) false arrest) (not cvl Drugs (3) (f the case nvolves llegal harassment) (0) drugs, check ths tem; otherwse,. Defamaton (e.g., slander, lbel) report as Commercal or Resdental),() Judcal Revew Fraud () Asset Forfeture (0) ntellectual Property () Petton Re: Arbtraton Award () Professonal Neglgence (2) Wrt of Mandate (02) Legal Malpractce Wrt-Admnstratve Mandamus,:;::: Other Professonal Malpractce Wrt-Mandamus on Lmted Court (not medcal or legal) Case Matter,;"t Other Non-Pl/PD/WO Tort (3) Wrt-Other Lmted Court Case -... Employment Revew '? Wrongful Termnaton (3) Other Judcal Revew (3) ~.../ Other Employment () Revew of Health Offcer Order \<... Notce of Appeal-Labor Provsonally Complex Cvl Ltgaton (Cal. Rules of Court Rules ) AnttrusUTrade Regulaton (03) Constructon Defect () Clams nvolvng Mass Tort (0) Securtes Ltgaton (2) Envronmental/Toxc Tort (30) nsurance Coverage Clams (arsng from provsonally complex case type lsted above) () Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confesson of Judgment (nondomestc relatons) Sster State Judgment Admnstratve Agency Award (not unpad taxes) Petton/Certfcaton of Entry of Judgment on Unpad Taxes Other Enforcement of Judgment Case Mscellaneous Cvl Complant RCO (2) Other Complant (not specfed above) (2) Declaratory Relef Only njunctve Relef Only (nonharassment) Mechancs Len Other Commercal Complant Case (non-tort/non-complex) Other Cvl Complant (non-tort/non-complex) Mscellaneous Cvl Petton Partnershp and Corporate Governance (2) Other Petton (not specfed above) (3) Cvl Harassment Workplace Volence Elder/Dependent Adult Abuse Electon Contest Petton for Name Change Petton for Relef From Late Clam Other Cvl Petton ~)..,-~---'~~,--.,..,---~~~~~~~~~~~~~-C~o~m~ m;.:.;;..:s~s~o~ne~r~a~p~p~e=al~s~~~~~~~~~~~~~~~~~~~~~- -.. CM-0!Rev. July, 200) ~"). CVL CASE COVER SHEET Page 2 of 2

18 . SHORTTTLEME,CHE v. CTY OF LOS ELES, et al. BER BC 2 O o CVL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATON (CERTFCATE OF GROUNDS FOR ASSGNMENT TO COURTHOUSE LOCATON) Th~s form s requred pursuant to Local Rule 2.3 n all new cvl case flngs n the Los Angeles Superor Court. Step :;After completng the Cvl Case Cover Sheet (Judcal Councl form CM-0), fnd the exact case type n Column A that corresponds to the case type ndcated n the C\;l Case Cover Sheet. Step 2:jln Column B, check t~e box for the type of acton tha.t best descrbes the nature of the case. l. Step 3:! n Column C, crcle the number whch explans the reason for t~e court flng locaton you have chosen. Applcable Reasons for Choosng Court Flng Locaton (Column C). Class actons must be fled n the Stanley Mosk Courthouse, Central Dstrct.. Locaton w.ere pettoner resdes. 2. Permssve flng n central dstrct.. Locaton weren defendanurespondent functons w~ol\y. 3. Locaton where cause of acton arose.. Locaton where one or more of the partes resde.. Mandatory personal njury flng n North Dstrct.. Locaton ol Labor Commssoner Offce.. Mandator flng locaton (Hub Cases - unlawful detaner, lmted. Locaton where performance requred or defendant resdes. non-collecton. lmted collecton, or personal njury).. Locaton of property or permanently garaged vehcle. j A Cvl Case Cover Sheet Category No. - B Type of Acton (Check only ona) c Applcable Reasons - See Step 3 Above Auto (22) 0 A0 Motor Vehcle - Personal lnjury/prop~rty Damage/Wrongful Death,, o~ ::; 0 <( - ' Unnsured Motorst () 0 A Personal njury/property Damage/W!Ongful Death - Unnsured Motorst,, Asbestos (0) Product Lablty (2) j Medcal Malpractce () Other Personal. njury Property Damage Wrongful Death (23) 0 A00 Asbestos Property Damage 0 A22 Asbestos - Personal njury/wrongful Jeath 0 A20 Product Lablty (not asbestos or toxc/envronmental) 0 A2 Medcal Malpractce - Physcans & Surgeons D A20 Other Professonal Health Care Malr:ractce D A20 Premses Lablty (e.g., slp and fall) D A230 ntentonal Bodly njury/property DanageMlrongful Death (e.g., assault, vandalsm, etc.) D A20 ntentonal nflcton of Emotonal Dstress 0 A220 Other Personal njury/property Damc:ge/Wrongful Death,,,,,,,,,,,,,,,, LACV (Rev 2/)! CVL CASE COVER SHEET ADDENDUM Local Rule 2.3

19 SHORT TTLE: MECHE v. CTY OF LO GELES, et al. CAS BER A Cvl Case Cover Sheet Category No. B C Applcable Type of Acton Reasons - See Step 3 (Check only one) Above ' ~ Q) Q. o_..c._ ra 0... Q) -o :l ~-:l ~c: Cl - c: e 3: ~ C; Q) Cl o... ra C: E o ra zo Busness Tort (0) Cvl Rghts (0) Defamaton () Fraud () Professonal Neglgence (2) Other (3) D A02 Other Commercal/Busness Tort (not fraud/breach of contract), 2, 3 D A00 Cvl Rg hs/dscrmnaton,2, 3 D A0 Defamaton (slander/lbel),2, 3 D A0 Fraud (no contract), 2, 3 D A0 Legal Malpractce, 2, 3 D A00 Other Professonal Malpractce (not medcal or legal),2, 3 D A02 Other Non-Personal njury/property Damage tort, 2, 3 -c: Q) E >. 0 C. E w Wrongful Termnaton (3) Other Employment () D A03 Wrongful Termnaton, 2, 3 l;' A02 Other Employment Complant Case. 3 D A Labor Commssoner Appeals Breach of ContracU Warranty (0) (not nsurance) D A00 Breach of Rental/Lease Contract (not unlawful detaner or wrongful evcton) D A00 ContracUWarranty Breach -Seller Plantff (no fraud/neglgence) D A0 Neglgent Breach of ContracUWarranty (no fraud) D A02 Other Breach of ContracUWarranty (not fraud or neglgence) 2, 2,, 2,, 2, -c.j ~ -c: 0 (.) Collectons (0) nsurance Coverage () D A002 Collectons Case-Seller Plantff,, D A02 Other Promssory Note/Collectons Case, D A03 Collectons Case-Purchased Debt (Charged Off Consumer Debt,, Purchased on or after Janul!!Y_ 20~ D A0 nsurance Coverage (not complex), 2,, ~ Q) Q. e 0... Q) 0:::: Other Contract (3) Emnent Doman/nverse Condemnaton () Wrongful Evcton (33) Other Real Property (2) D A00 Contractual Fraud, 2, 3, D A03 Tortous nterference, 2, 3, D A02 Other Contract Dspute(not breach/nsurance/fraud/neglgence),2, 3,, D A300 Emnent Doman/Condemnaton Number of parcels 2, D A023 Wrongful Evcton Case 2, D A0 Mortgage Forec'.osure 2, D A032 Quet Ttle 2, D A00 Other Real Property (not emnent doman, landlord/tenant, foreclosure) 2, Unlawful Detaner-Commercal (3) Unlawful Detaner-Resdental 2 Unlawful Detaner- Post-Foreclosure _{_3}_ Unlawful Detaner-Drugs (3) D A02 Unlawful Detaner-Commercal (not drugs or wrongful evcton), D A020 Unlawful Detaner-Resdental (not drugs or wrongful evcton), D A020F Unlawful Detaner-Post-Foreclosure. 2,, D A022 Unlawful Detaner-Drugs 2,, LACV (Rev 2/) CVL CASE COVER SHEET ADDENDUM Local Rule 2.3

20 SHORT TTLE: MECHE v. CTY OF LOS GELES, et al. CAS BER \ A. Cvl Case Cover Sheet Category No. B C Applcable Type of Acton. Reasons - See Step 3 (Check only one) Above l Asset Forfeture (0) Petton re Arbtraton () Wrt of Mandate (02), Other Judcal Revew (3) D A Asset Forfeture Case 2,3, D A Petton to Compel/ConfrmNacate Arbtraton 2, D A Wrt - Admnstratve Mandamus 2, D A2 Wrt - Mandamus on Lmted Court Case Matter 2 0 A Wrt - Other Lmted Court Case Revew 2 D A Other Wrt /Judcal Revew 2, c: 0.-::: nl Cl.-::: :::: ><..!!! a. E 0 u.?: c: 0 " ;: e Q c: c: CV CV E E CV Cl ~ -g.e -, UJ c: -0 ll ll :::J -c: 0 n; CV c.. c:..!!! E C) 0 tj u ll ;: ~ u ll ll :::J c: 0 0 ~ ~ nl C) a.. tj ll > ~,u.; Anttrust/Trade Regulaton (03) Constructon Defect () clams nvolvng Mass Tort (0) Securtes Ltgaton (2) Toxc Tort Envronmental (30) t nsurance Coverage Clams from Complex Case () Enforcement of Judgment (20). ' ' RCO (2) Other Complants ' (Not Specfed Above) (2) j Partnershp Corporaton Governance (2) Other Pettons (Not ' Specfed Above) (3)! 0 A003 Anttrust/Trade Regulaton, 2, D A00 Constructon Defect, 2, 3 D A00 Clams nvolvng Mass Tort, 2, D A03 Securtes Ltgaton Case, 2, D A03 Toxc Tort/Envronmental, 2, 3, D A0 nsurance Coverage/Subrogaton (complex case only),2,, D A Sster State Judgment 2,, D A Abstract of Judgment 2, D A Confesson of Judgment (non-domestc relatons) 2, D A0 Admnstratve Agency Award (not unpad taxes) 2, D A Petton/Certfcate for Entry of Judgment on Unpad Tax 2, D A2 Other Enforcement of Judgment Case 2,, D A033 Racketeerng (RCO) Case, 2, D A030 Declaratory Relef Only, 2, D A00 njunctve Relef Only (not domestc/harassment) 2, D A0 Other Commercal Complant Case (non-tort/non-complex),2, D A000 Other Cvl Compl.ant (non-tort/non-complex), 2, D A3 Partnershp and Corporate Governance Case 2, D A2 Cvl Harassment 2, 3, 0 A23 Workplace Harassment 2, 3, D A2 Elder/Dependent Adult Abuse Case 2, 3, D A Electon Contest 2 D A Petton for Change of Name/Change of Gender 2, D A Petton for Relef from Late Clam Law 2, 3, D A0 Other Cvl Petton 2, "-'. LACV (Re~ 2/) CVL CASE COVER SHEET ADDENDUM Local Rule 2.3

21 SHORT TTLE: MECHE V. CTY OF LO GELES, et al. CAS BER \ Step : Statement of Reason and Address: Check the approprate boxes for the numbers shown under Column C for the type of acton that you have selected. Enter the address whch s the bass for the flng locaton, ncludng zp code. (No address requred for class acton cases). REASON: ADDRESS: 0.~ CTY: STATE: ZP CODE: Los Angeles ' CA 002 Step : Certfcato.n of Assgnment: certfy that ths case s properly fled n the Stanley Mask - Central Dstrct of the Superor Court of Calforna, County of Los Angeles [Code Cv. Proc., 32 et seq., and Local Rule 2.3(a)(l)(E)]. Dated: June 2, 20 (SGNATURE OF ATORNEY/FLNG PARTY) PLEASE HAVE THE FOLLOWNG TEMS COMPLETED AND READY TO BE FLED N ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE:. Orgnal Complant or Petton. 2. f flng a Complant, a completed Summons form for ssuance by the Clerk. 3. Cvl Case Cover Sheet, Judcal Councl form CM-0.. Cvl Case Cover Sheet Addendum and.statement of Locaton fcrm, LACV, LASC Approved 03-0 (Rev. 02/).... Payment n full of the flng fee, unless there s court order for waver, partal or scheduled payments.. A sgned order appontng the Guardan ad Ltem, Judcal Councl form CV-0, f the plantff or pettoner s a mnor under years of age wll be requred by Court n order to ssue a summons.. Addtonal copes of documents to be conformed by the Clerk. Copes of the cover sheet and ths addendum must be served along wth the summons and complant, or other ntatng pleadng n the case. LACV (Rev 2/) CVL CASE COVER SHEET ADDENDUM Local Rule 2.3