SUPERIOR COURT OF CALIFORNIA FOR SANTA CRUZ COUNTY

1 1 1 Darrell J. York, Esq. (SBN 1 Sarah L. Garvey, Esq. (SBN 1 Law Offices of York & Garvey 1 N. Larchmont Blvd., #0 Los Angeles, CA 000 Telephone: ( 0- Facsimile: ( -0 Email: djylaw@gmail.com Email: sarahgarvey@yahoo.com Kevin G. Little, Esq. (SBN 1 Law Office of Kevin G. Little Post Office Box Fresno, California Telephone: ( -00 Facsimile: ( -0 Email: kevin@kevinglittle.com Attorneys for Plaintiff Suzanne Fulton 1 COMPLAINT FOR DAMAGES SUPERIOR COURT OF CALIFORNIA FOR SANTA CRUZ COUNTY SUZANNE FULTON, Case NO.: CV0 Plaintiff, COMPLAINT FOR DAMAGES (UNLIMITED CIVIL 1.FAIR EMPLOYMENT AND HOUSING ACT. SEXUAL HARASSMENT vs, [CIVIL CODE 1. SAUL GONZALEZ; THE CITY OF. SEXUAL BATTERY WATSONVILLE; and DOES 1-, [CIVIL CODE 0.] inclusive,. GENDER VIOLENCE Defendants. [CIVIL CODE.]. SEXUAL BATTERY FILED /1/ :: AM Alex Calvo, Clerk By: Eileen Goodwin Deputy, Santa Cruz County JURY TRIAL DEMANDED

1 1 1 TO THE HONORABLE COURT: Plaintiff Suzanne Fulton, through her undersigned counsel, hereby makes the following allegations against the defendants. JURISDICTION AND VENUE 1. Jurisdiction and venue are proper in the Superior Court of California for the County of Santa Cruz because, at all times relevant hereto, one or more of the defendants resided in Santa Cruz County, and the occurrences giving rise to plaintiff s injuries took place in Santa Cruz County.. This is an action that exceeds the twenty-five thousand dollar ($,000 minimum jurisdiction requirement for unlimited civil cases. PARTIES. Plaintiff Suzanne Fulton ( Fulton is a citizen and resident of the State of California, County of Santa Cruz. At all pertinent times, Fulton was employed by the City of Watsonville.. Defendant Saul Gonzalez ( Gonzalez is believed to be a citizen and resident of the State of California, County of Santa Cruz. At all pertinent times, Gonzalez was a police lieutenant with the City of Watsonville and is sued in his personal capacity for the acts of misconduct alleged herein. At all pertinent times alleged herein, Fulton was working as a crime analyst for the City of Watsonville and Gonzalez was Fulton s direct and immediate supervisor. Based on the control he was capable of exercising and in fact did exercise over Fulton was her supervisor for purposes of FEHA. COMPLAINT FOR DAMAGES

1 1 1. At all relevant times, Defendant CITY OF WATSONVILLE ( CITY is and was a duly organized public entity, form unknown, existing under the laws of the State of California. At all relevant times, CITY was the employer of Gonzalez and Defendants DOES 1-.. At all material times herein, defendants DOES 1 through, whose names and capacities are currently unknown were employed by the City and acted individually and within the course and scope of their employment, either in a supervisorial or ministerial capacity. Along with the named defendants, each DOE defendant is responsible in some manner for the injuries and damages alleged herein. Fulton will amend this Complaint to rename these defendants as soon as their respective names and capacities are ascertained. These fictitious defendants are sued in their personal capacities for acts they performed under color of law, and they are also sued in their personal capacities under state law for the causes of action set forth herein. FACTUAL ALLEGATIONS. In July or August of, Gonzalez informed Fulton that he had personal feelings for her. Fulton told Gonzalez that she did not have any personal feelings toward him and Fulton reminded Gonzalez that he was her immediate supervisor. Despite this, Gonzalez continued to pry into Fulton s personal affairs and sent her numerous inappropriate, non-work related text messages.. On the evening of November 1,, Gonzalez offered to meet with Fulton because she was upset that it was the first weekend away from her daughter and over her mother s medical COMPLAINT FOR DAMAGES

1 1 1 condition and Gonzalez was aware of this. Instead of meeting Fulton at a mutually agreeable location, Gonzalez showed up at Fulton s home with a bottle of rum and some diet coke.. Gonzalez and Fulton consumed some rum and diet coke in Fulton s living room. Gonzalez then started to kiss Fulton. Despite Fulton's telling Gonzalez to stop and that she was feeling the effects of the alcohol, he continued to kiss her. Fulton repeatedly told Gonzalez to stop and reminded him that he was her supervisor, but Gonzalez did not stop. Instead, Gonzalez removed his own clothes and then forcibly removed Fulton s clothing. Fulton again told Gonzalez to stop but he continued. Gonzalez pinned Fulton on the couch and she attempted to get out from underneath him but was unsuccessful. Fulton continually told Gonzalez to stop but he did not stop. Gonzalez then removed Fulton s undergarment and sexually assaulted her. Shortly after Gonzalez ejaculated he dressed and left her residence.. Days following the November 1, incident, Gonzalez continually texted Fulton s personal phone and sent her emails. These texts and messages were non-work related and he made comments about Fulton s breast size and her body. Fulton continued to make it known to Gonzalez that his conduct was inappropriate and unwelcome.. On December,, Fulton reported the sexual assault and Gonzalez's continued harassment to Watsonville police lieutenant Jorge Zamora. Even though Fulton reported being sexually victimized, she was never offered any of the counseling to which she was entitled under Penal Code.0. COMPLAINT FOR DAMAGES

1 1 1 Fulton s work performance is now being scrutinized more closely and unfairly by her employer since she made her report. Fulton also received an email from her employer, dated 0//, informing her that she could no longer work evenings to accommodate her therapy appointments, as it was not in the best interest of the department. This was not applied to other females in the department, and violated the City s policy regarding retaliation. 1. Fulton timely filed a claim with the Department of Fair Employment and Housing and brings this claim within the one year period granted in her right to sue letter. CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF HARASSMENT IN VIOLATION OF FEHA (Against All Defendants 1. Fulton realleges and incorporates by reference foregoing paragraphs of this Complaint as though fully set forth herein. 1. By both subjective and objective measures, Fulton was subjected to a hostile working environment, because the misconduct involved interfered with a reasonable person s ability to perform his or her job and because Fulton was actually affected. A motivating reason for this harassment was Fulton s gender and Gonzalez s motive of having a sexual and an extramarital affair with her. Because Gonzalez is a supervisor in the Watsonville Police Department and was Fulton s immediate supervisor, the City is strictly liable for Gonzalez s harassing COMPLAINT FOR DAMAGES

1 1 1 actions. Accordingly, each of the defendants violated Fulton s rights against workplace harassment, in violation of FEHA, through numerous acts, including, without limitation, those set forth hereinabove.. As a proximate result of the defendants misconduct, Fulton has suffered and will continue to suffer physical and emotional injuries, including nervousness, depression, anguish, embarrassment, fright, shock, pain, discomfort, fatigue, and anxiety. The amount of Fulton s damages will be ascertained at trial.. In committing the foregoing acts, Gonzalez has been guilty of oppression, fraud, and/or malice under California Civil Code section, thereby entitling Fulton to punitive damages in a sum appropriate to punish and make an example of him.. FEHA provides for an award of reasonable attorney s fees and costs incurred by a prevailing party. Fulton has employed and will continue to employ attorneys to pursue her interests in this action. Fulton is therefore entitled to an award of attorney s fees and costs. SECOND CLAIM FOR RELIEF SEXUAL HARASSMENT-Civil Code 1. (Against All Defendants. Fulton re-alleges and incorporates by reference herein each and every allegation stated above, as though fully stated herein.. Between late July and November, defendant Gonzalez engaged in a pattern of harassment of plaintiff Fulton, COMPLAINT FOR DAMAGES

1 1 1 which included inappropriate remarks, sexual overtures, and unconsented sexualized touching and sexual intercourse. This unconsented touching included forcibly kissing plaintiff Fulton, fondling and grabbing her in a sexual manner in erogenous zones, and sexual intercourse. These actions are sufficiently violent and/or harmful and/or threatening to come within the purview of California Civil Code 1... Based on the foregoing, Fulton is informed and believe and thereon allege that a substantial or motivating factors in her discrimination and sexual harassment was her gender and her participation in protected activity, in violation of California Civil Code 1., et seq.. Under California Civil Code 1., et seq., Defendants, City and Gonzalez both had a duty to refrain from and to prevent sexual harassment against Fulton. Defendants all failed to refrain from and to take reasonable steps to prevent discrimination, harassment, and/or retaliation against Fulton.. As a proximate result of the Defendants acts of sexual harassment, Fulton suffered and continues to suffer economic losses and interest thereon. Fulton also has suffered and continues to suffer both physical and non-physical injuries, including severe emotional distress, humiliation, embarrassment and mental anguish all to her damage in an amount to be proven at trial.. In doing the acts and/or failing to do the acts alleged herein above, Gonzalez engaged in wrongful acts and conduct with malice towards Fulton and/or a reckless indifference to her statutorily protected rights and in COMPLAINT FOR DAMAGES

1 1 1 conscious disregard of her rights, both statutory and common law guaranteed Plaintiff by the State of California. As such, Gonzalez is guilty of oppression and malice for which Fulton is entitled to punitive damages, in an amount to be proven at trial. California Civil Code, and California Code of Civil Procedure provide that attorneys fees are recoverable in an action for which they are specifically provided by statute. Fulton has retained attorneys for the prosecution of this action. As a result, Fulton is entitled to her reasonable attorneys fees and costs incurred. THIRD CLAIM FOR RELIEF SEXUAL BATTERY-CALIFORNIA CIVIL CODE 0. (Against Defendant Gonzalez. Fulton re-alleges and incorporates by reference herein each and every allegation stated above, as though fully stated herein.. Defendant Gonzalez subjected Fulton to unlawful sexual battery in violation of California Civil Code 0. with intent to cause harmful or offensive contact with an intimate part of Fulton s body, and sexually offensive contact with Fulton resulted. Specifically, on November 1,, Gonzalez forcibly kissed, fondled, and had sexual intercourse with Fulton.. Gonzalez is therefore liable to Fulton under Civil Code 0., including for compensatory, punitive, and penal damages, as well as legal fees, expenses and ancillary relief. COMPLAINT FOR DAMAGES

1 1 1 FOURTH CLAIM FOR RELIEF GENDER VIOLENCE-CIVIL CODE. (Against Defendant Gonzalez. Fulton re-alleges and incorporates by reference herein each and every allegation stated above, as though fully stated herein.. On November 1,, defendant Gonzalez performed acts that constituted a physical intrusion or physical invasion of a sexual nature under coercive conditions, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction. Specifically, on November 1,, Gonzalez forcibly kissed, fondled, and had sexual intercourse with Fulton.. In engaging in this misconduct, Defendant Gonzalez engaged in acts of gender violence, in violation of Fulton s rights under California Civil Code.. 0. As an actual, legal and proximate cause of the wrongful conduct of Defendant Gonzalez, Fulton has suffered and incurred damages for: (a physical, mental, and emotional injuries and emotional distress. 1. Plaintiff is entitled to recover her attorneys' fees pursuant to California Civil Code.(a.. Plaintiff is entitled to and requests an award of punitive and penal damages. COMPLAINT FOR DAMAGES

1 1 1 FIFTH CLAIM FOR RELIEF SEXUAL BATTERY (Against Defendant Gonzalez. Fulton re-alleges and incorporates by reference herein each and every allegation stated above, as though fully stated herein.. In engaging in and performing the misconduct alleged above, Defendant Gonzalez intentionally subjected Fulton to a harmful or offensive touching which actually, legally and proximately caused plaintiff Green to suffer the injuries and damages alleged herein. Specifically, on November 1,, Gonzalez forcibly kissed, fondled, and had sexual intercourse with Fulton.. As an actual, legal and proximate cause of this wrongful conduct, Fulton has suffered and incurred damages for physical, mental, and emotional injuries and emotional distress.. Plaintiff is entitled to and requests an award of punitive and penal damages. PRAYER FOR RELIEF WHEREFORE, Fulton prays for the following relief: 1. For compensatory, general and special damages in an amount proven at trial;. For punitive and exemplary damages from the individual defendant in an amount appropriate to punish him and deter others from engaging in similar misconduct;. For costs and reasonable attorneys' fees pursuant to FEHA, and as otherwise authorized by statute or law; COMPLAINT FOR DAMAGES

1 1 1. For such other relief as the Court may deem proper. Dated: May, Original efiled this 1 th Day of May, By: /s/ Darrell J. York COMPLAINT FOR DAMAGES York & Garvey By: /s/ Darrell J. York Darrell J. York Attorneys for Plaintiff