Sie sind auf Seite 1von 18

2

3
4

Michael A. McGill, SBN 231613

SUPERKmemJOTOfCAUPORNtA

nicgill@policeattorney.com
Zachery A. Lopes, SBN 284394
zachery@policeattorney.com

JAN 28 2013
John A. Clarjw,executive Oflfcec/Clok

LACKIE DAMMEIER McGILL & ETHtR APC

BY fajMi^j'
jfc^^JDepnty
Cnstitw Gnjalva'

367 North Second Avenue

Upland, California 91786


Telephone: (909) 985-4003
Facsimile: (909)985-3299

Attorneys for Plaintiff,

COUNTY OFLOSANGELES

BEHROUZ"BEN
8

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

10

Q*B9984

11
12
Id t1

<

VIOLATIONS OF THE CALIFORNIA


FAIR EMPLOYMENT AND HOUSING

v.

1i
2

COMPLAINT FOR DAMAGES AND


INJUNCTIVE RELIEF FOR

Plaintiff,

13

Case No.:

BEHROUZ "BENJAMIN" SIOUNIT.

ACT (FEHA)
16

CITY OF PALOS VERDES ESTATES, and

DOES 1 through 10 INCLUSIVE,

1. FEHA - Discrimination

17

18

2. FEHA - Failure to Provide


Reasonable Accommodation

Defendants.

19

3. FEHA - Harassment
20
21

Cm

4. FEHA - Retaliation

22

5. FEHA - Failure to Prevent


Discrimination and

23

Harassment

70 TJ
m
a> x- rn
m

i m

24

DEMAND FOR JURYffg-iafe' o


..

en
m

si -o "O
r- h

*:

i- o

m
r-n v>

03
I

2fy

en

i-

'X'

27..

28**
-a.

*fr *f* 'A


o
o
'-' in

COMPLAINT
I

o
o

o
o

o
o

C4

PRELIMINARY STATEMENT
2

1.

This is a complaint for damages and injunctive reliefbrought under the California

Fair Employment and Housing Act("FEHA") against Defendant City of Palos Verdes Estates

for race, religious creed, national origin, and ancestry discrimination, harassment, retaliation for

Plaintiffs opposition of these unlawful actions, and failure to prevent that discrimination and

retaliation. Plaintiff, a Jewish Iranian immigrant and police officer working at the City of Palos

Verdes Estates' Police Department, was abruptly terminated after complaining to his superiors

about the discriminatory and harassing treatment he suffered. Rather than making any effort to

address the issues complained of by Plaintiff, the Department chose instead to remove Plaintiff

10

himself. Therefore, he now brings this action seeking damages and injunctive relief.
2.

Plaintiff BEHROUZ "BENJAMIN" SIOUNIT ("Plaintiff or "Siounit") was an

employee of Defendant City, employed as a Level II Reserve Police Officer within the Palos
^J c

<<J &
*.

13

Verdes Estates Police Department, a peace officer pursuant to California Penal Code 830.6

Oft

aS 14
<

i/i

UJ

a:

15

and 832.6.

3.

At all times mentioned in this complaint, Defendant CITY OF PALOS VERDES

16

ESTATES ("the City") was a municipal corporation organized and existing under the laws of the

17

State of California. The Palos Verdes Estates Police Department is an operating department of

18

the City.

19

4.

The true names and capacities of the Defendants named herein as DOES I

20

through 10, whether individual, government, corporate, associate, or otherwise, are unknown to

21

Plaintiff who therefore sues such Defendants by such fictitious names pursuant to the California

22

Code of Civil Procedure, Section 474 et. seq.

23
24

5.

Defendant DOES 1 through 10, were at all times alleged herein, employers,

employees, agents, partners, servants and joint venturers of Defendants and each of them and in

f; }

25.

some capacity were responsible for the wrongful acts herein complained of. Plaintiff is informed

26

and believes that the DOE Defendants herein are California residents and will amend this

Complaint to show their true names and capacities when they have been ascertained.
28

6.

The acts alleged and complained of herein were committed within the County of

COMPLAINT
2

Los Angeles, within the jurisdiction of this Court.


2

Defendants, their agents, servants, and employees, and each of them as individuals and under the

color and pretense of the statutes, ordinances, regulations, customs and usages of the State of

California, and under the authority of their employment with full knowledge and approval of

their superiors as agents. Defendants are jointly and severally liable for the injuries and damages

sustained by Plaintiff.

Each and all of the acts of the Defendants as alleged herein were done by

56

7.

8.

At all times mentioned herein, the City regularly employed five or more persons

within the provisions of the California Government Code. All conditions precedent to

10

jurisdiction under California Government Code 12940 et seq. have been complied with: timely

11

charges of unlawful employment practices were filed with the Department of Fair Employment

12

and Housing (DFEH) and subsequent "Right to Sue Letters" were issued to Plaintiff.

13
<* c
UJ

_j

<

<7

<

14

9.

realleged in every other section.


FACTS RELATING TO EACH CAUSE OF ACTION

15
16

All facts stated herein in any one section are incorporated, reiterated, and

10.

Plaintiff was hired by Defendant City as a Level II Reserve Police Officer on June

17

19, 2007. Throughout his time with Defendant City, Plaintiff has consistently been a highly

18

valuable contributor to the City's and Department's law enforcement efforts.

19

20
21

11.

Prior to his unlawful termination, he had never received a negative performance

review, nor been disciplined.


12.

Plaintiff is also a Jewish Iranian American citizen. He observes his religious

22

beliefs strictly and maintains great pride in his Iranian heritage. He immigrated to the United

23

States as a teenager after being granted "refugee asylum" status by the federal government, due

24_

to the severely hostile and targeted anti-Semitic policies in Iran.

2Sl;

13.

Despite his valuable service to Defendant City, and his past escapes from hostile

persecution, Plaintiff has been subject to anti-Semitic and racist discriminatory treatment and

27.' harassment throughout his time with the Department, ultimately leading to his termination from
28-

employment. This discriminatory and harassing conduct had been, and possibly still is,

pervasive throughout the Department.

14.

Within the first few months after being hired, Plaintiff was told by a large group

of fellow officers that Plaintiff and "the rest of (his) bleeding heart liberal Jewish tribe were

responsible for having President Obama elected." This same comment has been repeated by

other officers, in addition to the ones at this initial confrontation, on numerous occasions.

15.

Throughout Plaintiffstime with the Department, almost every single time he

walked into a room with otherofficers, he was greeted with a loud "Allah-o-Akbar", attempted

mimicked Arabic phrases, and shouts of "Ah La La La" with fists pumped into the air. There

was a group of three fellow officers that did this consistently. Countless other officers were

10

encouraged and joined in repeatedly. This behavior was witnessed by management numerous
times.

5 3
O

Iz

16.

Plaintiffs Jewish kosher Iranian diet was constantly ridiculed by fellow and

j:

13
* *
"J 0
LU

_i

II
<

V.

14

superior officers, referred to as "bird food" consistently.

17.

On one particular occasion, Plaintiff was told by a fellow officer that his

15

grandfather had died during the holocaust of World War 11. After sincere follow up questions by

16

Plaintiff, the officer told him that his grandfather was a Nazi guard in a concentration camp, and

17

died when he accidentally fell off of the guard tower. Afterfinishing thisegregious insult, he

18

looked at other fellow officers gathering around, and all started laughing uncontrollably.

if;
.

u
<
_l

(A.

<

19

18.

In or around March of 2011, Plaintiff made a formal complaint to Captain Mark

20

Velez about the consistent anti-Semitic and racist discrimination and harassment he had been

21

receiving from fellow and superior officers, including reference to specific instances such as

22

those recounted above.

23
24

19.

Based upon information and belief, the Department never followed up on the

complaint in any way. No investigation was initiated and no resolution was had.

,")

2,5,
2&

20.

In or around August of 2011, a fellow officer, with other fellow and superior

officers surrounding, asked Plaintiff how he felt about the fact that "Jews were responsible for

y-.'s

ij... killing Jesus", or that Jews routinely "take advantage" of other people. This officer also told
28

Plaintiff that Jews "are taught and obligated to cheat and steal from the gentiles." The officer

then handed Plaintiff an eleven-page document, printed from the Department's briefing room

printer, which detailed more ridiculous and incredibly anti-Semitic propaganda, and suggested
that Plaintiff should "learn more" about his religion.
4

In or around Decemberof 2011, Plaintiff was approached in the parking garage of

the station by a fellow officer and asked, in front of supervising officers, if he knew "why Jews

and Arabs keep fighting each other like cats and dogs." No supervising officers intervened.

o 6

21.

22.

In addition to the confrontations above, throughout his time with the Department,

Plaintiff has been scheduled and forced to work on Jewish holy days, despite repeated and prior

requests to not be scheduled on such days. When Plaintiff made these requests, he was told that

10

he had no choice, and that adverse employment actions would be taken against him if he didn't

11

work the days as scheduled. Based upon information and belief, the Department made no effort

12

to schedule around the holy days observed by Plaintiff.

13

23.

Plaintiff also had particular difficulty meeting his required firearm range

<
*

UJ

-1

14

qualifications, because range managers, including two in particular, refused to schedule Plaintiff

15

on days that did not conflict with his observed religious holidays and worship, despite Plaintiffs

16

repeated requests. Based upon information and belief, they did this with the intent to make it

17

difficult for Plaintiff to make his firearm qualifications.

I p.
k. c
< 7.

Ui C

a:

e-

18

24.

During a meeting on or about February 6, 2012, with Sergeants Eric Gaunt and

19

Lou Warnick, Plaintiffagain made a formal complaint about the anti-Semitic and racist treatment

20

from fellow and superior officers. When this issue was brought up, Sergeant Gaunt replied "let's

21

not go there," making it clear that neither he nor the Department had any concern about the

22

treatment received by Plaintiff, and did not intend to do anything about it.

23

24.

25.

During that same meeting, Plaintiff informed his superiors of other misconduct

and unlawful behavior by fellow officers that he had witnessed. Plaintiff was told that the

25>

purpose of the meeting was not to talk about those issues. Immediately thereafter. Plaintiffwas

2'6

asked to leave for a few minutes as the others wanted to speak amongst themselves. He was also
asked if he had been tape recording the meeting, which he did not.

2'8

26.

When Plaintiff was asked back in to the room, he was told that he was not

}..>
i '')

COMPLAINT
5

allowed to work patrol any longer, and that he needed to take a leave of absence. No explanation
was given.

27.

Five days later, on or about February 11, 2012, Plaintiff again met with Sergeants

Gaunt and Warnick. Plaintiff was given two documents; a resignation letter and a termination
letter, and told to chose between the two. After Plaintiff informed the two Sergeants that he was

not able to make a decision that very moment, Sergeant Gaunt said the "offer" of resignation was
only good for the night.

28.

Plaintiff was then immediately terminated from employment. He was escorted to

his locker where he emptied his personal belongings, and then escorted to his car.

6S

10

FIRST CAUSE OF ACTION

11

FEHA Discrimination

12

Government Code 12940 (a)

29.

Plaintiff re-alleges each and every preceding paragraph as though set forth in full

30.

In doing the things alleged to have been done, Defendant violated 12940(a).

here.

id.

15

4.

a.

16

The California Fair Employment and Housing Act (FEHA) (Gov. C. 12900 et seq.) prohibits

<

17

employment discrimination on the basis of "race, religious creed...national origin" or "ancestry."

18

Gov't Code 12940(a).

<

19

31.

Defendant and its agents had knowledge of Plaintiffs Jewish religion and Iranian

20

race, national origin, and ancestry. Defendants took the discriminatory actions and treatment

21

described above because of that knowledge. As such, Plaintiff is a member of a protected class.

22

(Gov't Code 12926(n) and (p).)

23
24

2|:

32.

Plaintiff performed competently in his job: Plaintiff was never disciplined during

his career. Plaintiff also never received a negative performance review.


33.

Plaintiff was subjected to an adverse employment action because of his race,

26

religious creed, national origin, and ancestry: Plaintiff was terminated without cause which

resulted in an effective end to his law enforcement career and substantial economic loss related

28'

to his inability to find future law enforcement employment.

f":')

COMPLAINT
6

34.
2

employment actions and other acts ofdiscriminatory animus because ofhis race, religious creed,

national origin, or ancestry, including, but not limited to constant ridicule about his Iranian race,

national origin, and ancestry, constant ridicule about his Jewish religion, consistent refusal by his

employer to accommodate his religious beliefs, and consistent refusal by his employer to

investigate the discriminatory treatment suffered.


35.

<y
*

and ancestry were the motivating reasons for the actions taken against Plaintiff, including those

listed above.

36.

i<: a.

and continues to suffer in his capacity to earn his salary, and has lost, and will continue to lose,

12

the ability to have a law enforcement career.

13

SECOND CAUSE OF ACTION

14

FEHA Discrimination - Failure to Provide Reasonable Accommodation

15

Government Code 12940(l)(l)

u.

UJ C

As a direct and proximate result of the Defendant's conduct, Plaintiffhas suffered

11

IS
<
3-

Based on information and belief, Plaintiffs race, religious creed, national origin,

10

o &

Even before Plaintiff was terminated, he was subjected to numerous adverse

16

37.

Plaintiff re-alleges each and every preceding paragraph as though set forth in full

38.

In doing the things alleged to have been done, Defendant City violated

<

17

18

here.

19

I2940(l)(l ) Government Code section 12940(0(1) makes it unlawful for an employer to fail to

20

make reasonable accommodations for an employee's religious beliefs or observance, or to

21

discriminate against a person in the terms, conditions, or privileges of employment because of a

22

conflict between those religious beliefs or observance and any employment requirement.

23
24

39.

At all times relevant to this complaint, Defendant City of Palos Verdes Estates

was an "employer" under Gov't Code sections 12940 and 12926(d).

40.

At all times relevant to this complaint, Plaintiff was an employee of Defendant.

26--

41.

As recounted above, despite Plaintiffs repeated requests, Defendant and its

agents consistently refused to schedule Plaintiff around his observed Jewish Sabbath and other
28-..

holy days. "Religious belief or observance," includes "observance of a Sabbath or other religious

COMPLAINT
7

holy day or days." (Gov't Code 12940(0(1).)


42.

As such, Defendant City of Palos Verdes Estates failed to provide reasonable

accommodations for Plaintiffs religious beliefs and observance.


43.

Plaintiff was harmed; specifically, he was terminated which prematurely

terminated his career as a police officer and resulted in a substantial economic loss related to his

inability to find future law enforcement employment.


44.

The City of Palos Verdes Estates' failure to provide Plaintiff with reasonable

accommodations for his religious beliefs and observance was a substantial factor in causing

Plaintiffs harm.

45.

10
11

5* n

As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered

and continues to suffer in his capacity to earn his salary, and has lost, and will continue to lose,
his ability to have a law enforcement career.

51 13
*

UJ

_1

So
<

THIRD CAUSE OF ACTION

|4

FEHA HARASSMENT

15

Government Code 129400(1)

U..

16

46.

Plaintiff re-alleges each and every preceding paragraph as though set forth in full

47.

In doing the things alleged to have been done. Defendant City violated

<J <

17
18

here.

19

12940(j)(l). Section I2940(j)(l) makes it unlawful for an employer to harass an employee on the

20

basis of "race, religious creed. ..national origin," or "ancestry."

21

48.

Defendant City harassed Plaintiff on the basis of his race, religious creed, national

12

origin, and ancestry because numerous, if not all, of its agents and supervisors knew of the

23

harassing treatment and conduct and failed to take immediate and appropriate action. As

24

recounted above, despite Plaintiffs repeated complaints about the unlawful harassment,
Defendant City did nothing.

26

49.

Defendant City took no reasonable steps to prevent Plaintiffs suffered

harassment, despite being fully aware of such conduct by its agents and employees.
28

50.

Defendant City is Plaintiffs "employer." Gov't Code 12940<j)(4)(A).

51.

Plaintiff was harmed; specifically, he was terminated from employment which

prematurely ended his career as a police officer and resulted in a substantial economic loss
3

related to his inability to find future law enforcement employment.


52.

suffered harassment caused Plaintiffs harm.

53.

S 2
<* 2

Defendant City's failure to take any reasonable steps to prevent Plaintiffs

As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered

and continues to suffer in his capacity to earn a salary in law enforcement going forward, and has

lost, and will continue to lose, the ability to have a law enforcement career, and has suffered

severe and substantial emotional injury.

10

FOURTH CAUSE OF ACTION

11

FEHA Retaliation

12

Government Code 12940(h)

13

54.

Plaintiff re-alleges each and every preceding paragraph as though set forth in full

55.

In doing the things alleged to have been done, DefendantCity violated

OS %

here.
2

<

12940(h). Section 12940(h) makes it unlawful for an employerto retaliate against its employees
17
18

for opposing unlawful and discriminatory employment practices.


56.

Plaintiff engaged in a protected activity under FEHA by opposing the City's

19

unlawful and discriminatory employment practices. Specifically, in or around March of 2011 and

20

on or around February 6, 2012, Plaintiff made formal complaints about these practices directly to

2!

his superiors as recounted above. Based upon information and belief, the Department took no

22

action on Plaintiffs complaints either time.

23

57.

Plaintiff was terminated a mere five days after the last of his complaints.

24
r'Vi

Plaintiffs opposition to the City's unlawful and discriminatory employment practices was a

2,5;

motivating reason for the City's decision to terminate him.

2tJ

58.

Plaintiff was harmed; specifically, he was terminated from employment which

prematurely ended his career as a police officer and resulted in a substantial economic loss
28

related to his inability to find future law enforcement employment.

COMPLAINT
9

59.

Defendant City's conduct was a substantial factor in causing Plaintiffs harm.

60.

As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered

and continues to suffer in his capacity to earn a salary in law enforcement going forward, and has
4

lost, and will continue to lose, the ability to have a law enforcement career, and has suffered

severe and substantial emotional injury.

FIFTH CAUSE OF ACTION

FEHA Failure to Prevent Discrimination and Harassment

Government Code 12940(h)

9
10

'~>

Plaintiff re-alleges each and every preceding paragraph as though set forth in full

62.

In doing the things alleged to have been done, Defendant City violated

here.

II

Pi

61.

12

I2940(k). Section 12940(k) makes it unlawful for an employer to fail to take all reasonable steps

13

to prevent discrimination and harassment. Despite knowledge of Plaintiff s discrimination and

<*

So .14

harassment, the City took no steps to either prevent or correct the discrimination and harassment

<

35

alleged herein, and to this very day, have condoned such unlawful actions.

15

63.

16

At all times relevant to this complaint, Defendant City was an "employer" under

<-> <

17

Gov't Code sections 12940 and 12926(d).

18
19

20
21
22

23
24

64.

At all times relevant to this complaint, Plaintiff was an employee of Defendant

65.

Plaintiff was subjected to discrimination and harassment because of his race,

City.

religious creed, national origin and ancestry.

66.

Defendant City failed to take reasonable steps to prevent the discrimination and

harassment, despite Plaintiffs complaints and Defendant's knowledge.


67.

Plaintiff was harmed; specifically, he was terminated which prematurely

2s;

terminated his career as a police officer and resulted in a substantial economic loss related to his

26

inability to find future law enforcement employment, and suffered severe emotional damages as

r-,'

27.

a result of constant and pervasive workplace harassment.

'j-1

28

68.

Defendant City's failure to take reasonable steps to prevent the discrimination and

["-'
r'-.'j

COMPLAINT
10

harassment was a substantial factor in causing Plaintiffs harm.


69.

and continues to suffer in his capacity to earn a salary in law enforcement going forward, and has

lost, and will continue to lose, the ability to have a law enforcement career, and has suffered

severe and substantial emotional injury.

WHEREFORE, Plaintiff prays for judgment against the Defendant, as follows:

1.

General, compensatory, and special damages according to proof:

2.

For injunctive relief ordering Defendant City of Palos Verdes Estates:

a)

Defendants relating to the adverse actions that are the subject of this

II

action;

b)

c)

14
'< C.

y g
^

o.

<

to take any and all necessary and reasonable steps to remove the stigma
and negative perception of Plaintiff; and

13

<a

|
5
S C

To immediately expunge any negative personnel documents generated by

10

12

S3

As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered

to return Plaintiff to the position he would have been in had he not been
subjected the unlawful conduct;

15

3.

16

For attorney's fees in an amount to be shown according to proof (Government


Code 12965(b));

17

18

4.

For interest provided by law including, but not limited to, Civil Code 3291;

19

5.

For costs of suit; and

20

6.

For each other and further relief as the Court deems just and proper.

21

Dated: January 28, 2013

22

LACKIE DAMMEIER MCGILL & ETHIR APC

23
24

25^':

Michael A. ivrctm

Zachery A. Lopes
26v
k

2T
28.

Attorneys for Plaintiff


BEHROUZ "BENJAMIN" SIOUNIT

DEMAND FOR TRIAL BY JURY


2

Plaintiff hereby demands a trial by jury.


3
4

Dated: January 28, 2013

LACKIE DAMMEIER MCGILL & ETHIR APC

5
6
7

8
9

Michael A. McGill

Zachery A. Lopes

Attorneys for Plaintiff*


10
II
12
13

"
UJ u
m

2
2

<
c

<

</;

14
15

.. u.

(A!

16

<

17

18
19
20
21

22

23
24

25^
26:

2f-j
28*.

BEHROUZ "BENJAMIN" SIOUNIT

CM-010
FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stale Bar number, and address):

-Zachery A. Lopes, SBN 284394

LACKIE, DAMMEIER & MCGILL, APC


367 N. Second Avenue

FILED

Upland, CA 91786

telephone no: 909-985-4003

fax no.: 909-985-3299

attorney for w
Plaintiff, BEHROUZ "BENJAMIN" SIOUNIT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS AllgdCS

JAN 28 2013

street address: 110 N. Grand Avenue

Joba A. uante, Gxecuttve Qffieei/Clerk

MAILING AODRESS:

city and zip code. Los Armeies, CA 90012

branch name: StanleyTvlosk Courthouse

Ll Cns^WiaR!P

CASE NAME:

Siounit v. City of Palos Verdes Estates, et al.


CIVIL CASE COVER SHEET

GZH Unlimited

(Amount

~ffC4 99 984

Complex Case Designation

I Limited

(Amount

I Counter

I Joinder

JUOGE:

Filed with first appearance by defendant


OEPT:
exceeds $25,000)
$25,000 or less)
(Cal. Rules of Court, rule 3.402)
Items 1-6 below must be completed (see instructions on page 2).
Check one box below for the case type that best describes this case:
demanded

demanded is

Auto Tort

Contract

I Uninsured motorist (46)

Auto (22)

Other PI/PO/WD (Personal Injury/Property


Damage/Wrongful Death) Tort

I Asbestos (04)

I I Product liability (24)


L_J Medical malpractice (45)

Other PI/PD/WD (23)

Non-PUPD/WD (Other) Tort

Rule 3.740 collections (09)

I
I

I Construction defect (10)

Insurance coverage (18)

I Mass tort (40)

I
I

I Environmental/Toxic tort (30)


I Insurance coverage claims arising from the

| Eminent domain/Inverse
condemnation (14)

I Other real property (26)

intellectual property (19)

Professional negligence (25)

Judicial Review

[ i Wrongful termination (36)


LZ3 Other employment (15)
2. This case I I is [_/J is not

Enforcement of Judgment

Fraud (16)

Other non-PI/PD/WD tort (35)


Employment

above listed provisionally complex case


types (41)

CZl Wrongful eviction (33)

[__] Commercial (31)


I I Residential (32)

I Antitrust/Trade regulation (03)

Securities litigation (28)

Other contract (37)

Unlawful Detainer

Defamation (13)

Provisionally Complex Civil Litigation


(Cal. Rules of Court, rules 3.400-3.403)

Other collections (09)

Real Property

1 Business tort/unfair business practice (07) I


Civil rights (08)

I Breach of contract/warranty (06)

I Enforcement of judgment (20)

Miscellaneous Civil Complaint

Drugs (38)

RICO (27)

I J Other complaint (not specified above) (42)


Miscellaneous Civil Petition

L.-J Asset forfeiture (05)


L 1 Partnership and corporate governance (21)
L I Petition re: arbitration award (11) L.__J Other petition (notspecifiedabove) (43)
I ] Writ of mandate (02)
I I Other judicial review (39)
complex under rule 3.400 ofthe California Rules of Court. If the case is complex, mark the

factors requiring exceptional judicial management:

a. I

I Large number ofseparately represented parties

b I I Extensive motion practice raising difficult ornovel


issues that will be time-consuming to resolve

c. I I Substantial amount of documentary evidence

d. i

ILarge number ofwitnesses

e. I ICoordination with related actions pending in one or more courts


in other counties, states, or countries, or in a federalcourt

f. I ISubstantial postjudgment judicial supervision

3. Remedies sought (check all that apply): a.[Z3 monetary b. [7j nonmonetary; declaratory orinjunctive relief

c. \Z3punitive

4. Number of causes of action (specify): Five


5. This case I I is
I / I is not a class action suit.
r) Ifthere are any known related cases, file and serve a notice of related case. (You may use form CM-015.)

Date: January 28, 2013

Zachery A. Lopes

(TYPE OR PRINT NAME)

I,:,
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed

C:< under the ProbateCode, Family Code, or Welfare and Institutions Code). (Cal. Rulesof Court, rule 3.220.) Failure to file may result
,

'

in sanctions

File this cover sheet in addition to any cover sheet required by local court rule.

!-.. Ifthis 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.

U' Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
Page
Pa
1of2

Porm Adopted for Mandatory Use


Judicial Council erf California

fv.<.M-010(Rev. July V 2007]

CIVIL CASE COVER SHEET

Cat. Rules of Court, rules 2.30, 3.220.3.400-3,403. 3.740:


C3l. Standards of Judicial Administration, std. 3.10

vrww.couninfo.ca.gov
American LegafNet. Inc.
www.F0rnisUM3nVftow.com

INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET

CM-010

To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one boxfor the case type that best describes the case. If the case fits both a general and a more specific typeof case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. Acover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paperfiled in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Ru es of Court.

To Parties in Rule 3.740 Coliections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in

which property, services, or money was acquired on credit. Acollections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740

To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. Ifa plaintiff believes the case is complex under rule 3.400of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. Ifa plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiffs designation, a counter-designation that the case is notcomplex, or, ifthe plaintiff has made no designation, a designation that
the case is complex.
Auto Tort

.. -,.

Contract

Auto (22)-Personal Injury/Property


DamageAA/rongful Death
Uninsured Motorist (46) {if the
case involves an uninsured

motorist claim subject to


artiitration, check this item

instead of Auto)
Other PI/PO/WD (Personal Injury/
Property DamageAA/rongful Death)
Tort

Asbestos (04)

Asbestos Property Damage


Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice-

Physicians & Surgeons


Other Professional Health Care

Malpractice

Other PI/PO/WD (23)


Premises Liability (e.g., slip
and fall)

Intentional Bodily Injury/PD/WD


(e.g., assault, vandalism)
Intentional Infliction of

Emotional Distress

Breach of Contract/Warranty (06)


Breach of Rental/Lease

Contract (not unlawfuldetainer


or wrongful eviction)
Contract/Warranty Breach-Seller
Plaintiff (not fraudor negligence)
Negligent Breach of Contract/
Warranty

Other Breach of Contract/Warranty


Collections (e.g., money owed, open
book accounts) (09)
Collection Case-Seller Plaintiff

Other Promissory Note/Collections


Case

Insurance Coverage (not provisionally


complex) (18)
Auto Subrogation

Other Coverage
Other Contract (37)
Contractual Fraud

Other Contract Dispute


Real Property
Eminent Domain/Inverse

Condemnation (14)
Wrongful Eviction (33)

Other Real Property (e.g., quiet title) (26)


Writ of Possession of Real Property
Mortgage Foreclosure

Negligent Infliction of

Quiet Title

Emotional Distress
Other PI/PD/WD

Other Real Property (not eminent

Non-Pl/PD/WO (Other) Tort


Business Tort/Unfair Business

Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not civil
harassment) (08)
."Defamation (e.g., slander, libel)
(13)
h-'Fraud (16)

Intellectual Property (19)


'^Professional Negligence (25)
Legal Malpractice
fv1

A,- ,.,-.,...~ ,

CASE TYPES AND EXAMPLES

Other Professional Malpractice


(not medical or legal)

'-"Other Non-PI/PD/WD Tort(35)


Employment
Wrongful Tennination (36)

fvOther Employment (15)

domain, landlord/tenant, or

foreclosure)
Unlawful Detainer

Commercial (31)
Residential (32)

Drugs (38) (ifthe case involves illegal


drugs, check this item; otherwise,
report as Commercial or Residential)
Judicial Review

Asset Forfeiture (05)


Petition Re: Arbitration Award (11i
Writ of Mandate (02)
Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter

Writ-Other Limited Court Case


Review

Provisionally Complex Civil Litigation (Cal.


Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic Tort (30)
Insurance Coverage Claims
(arising fromprovisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (nondomestic relations)

Sister State Judgment


Administrative Agency Award
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case

Miscellaneous Civil Complaint


RICO (27)
Other Complaint (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (nonharassment)
Mechanics Lien

Other Commercial Complaint


Case (non-ton/non-complex)
Other Civil Complaint
(non-tott/non-complex)
Miscellaneous Civil Petition

Partnership and Corporate


Governance (21)
Other Petition (not specified
above) (43)
Civil Harassment

Workplace Violence
Elder/Dependent Adult
Abuse

Election Contest

Petition for Name Change


Petition for Relief From Late
Claim

Other Civil Petition

Other Judicial Review (39)


Review of Health Officer Order

Notice of Appeal-Labor

CI^QiO(Rev. July 1,2007]

Commissioner Appeals
CIVIL CASE COVER SHEET

Page 2 of 2

CAS6Nf14 9 9 9 84

SHORT TITLE;

Siounit v. City of Palos Verdes Estates

CIVIL CASE COVER SHEET ADDENDUM AND


STATEMENT OF LOCATION

(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)


This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court.

Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:

JURY TRIAL? fi_J YES CLASS ACTION? O YES LIMITED CASE? QyES TIME ESTIMATED FOR TRIAL 5

D HOURS/ El DAYS

Item II. Indicate the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to Item III, Pg. 4):

Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case CoverSheet heading for your
case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected.
Step 2: Check one SuperiorCourttype of action in Column B below which best describes the nature of thiscase.

Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have
checked. For any exception to the court location, see Local Rule 2.0.

Applicable Reasons for Choosing Courthouse Location (see Column C below)


1 Class actions must be filed in the Stanley Mosk Courthouse, central district.
2. May be filed in central (other county, or no bodily injury/property damage).
3

Location where cause of action arose.

4. Location where bodily injury, death or damage occurred.


5. Location where performance required or defendant resides.

6. Location of property or permanently garaged vehicle.


7. Location where petitioner resides.
8. Location wherein defendant/respondent functions wholly.
9. Location where one or more of the parties reside.
10. Location of Labor Commissioner Office

Step 4: Fill in the information requested on page 4 in Item III; complete Item IV. Sign the declaration.

B
Type of Action
(Check only one)

Civil Case Cover Sheet

Category No.
Auto (22)
S

<

*-

Uninsured Motorist (46)

O A7100 MotorVehicle - Personal Injury/PropertyDamage/Wrongful Death

1,2,4.

CI A7110 Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist

1..2..4.

D A6070 Asbestos Property Damage

2.

D A7221 Asbestos - Personal Injury/Wrongful Death

2.

O A7260 Product Liability (not asbestos or toxic/environmental)

1., 2.. 3.,4.,8.

Asbestos (04)

p
tx

r
o
t-

Product Liability (24)

C
Applicable Reasons See Step 3 Above

a
_^

01

cP a
3
3
cn

Medical Malpractice (45)

a.

D A7250 Premises Liability (e.g., slip and fall)

<u

Other

O)

A7210 Medical Malpractice- Physicians &Surgeons

Q A7240 Other Professional Health Care Malpractice

<u

Personal Injury
Property Damage
Wrongful Death
(23)

D A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g.,


assault, vandalism, etc.)
O

A7270 Intentional Infliction of Emotional Distress

D A7220 OtherPersonal Injury/Property Damage/Wrongful Death

LAGIV 109 (Rev. 03/11)


LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM


AND STATEMENT OF LOCATION

1., 4.
1., 4.

1.. 4.

1., 4.

1..3.
1., 4.

Local Rule 2.0

Page 1 of 4

CASE NUMBER

SHORT TITLE:

Siounit v. City of Palos Verdes Estates


A

Civil Case Cover Sheet

Type of Action
(Check only one)

Applicable Reasons See Step 3 Above

Category No.

is
?>E
3

Business Tort (07)

A6029 Other Commercial/Business Tort (not fraud/breach of contract)

1., 3.

Civil Rights (08)

A600S Civil Rights/Discrimination

1..2., 3.

Defamation (13)

A6010 Defamation (slander/libel)

1,2.. 3.

Fraud (16)

A6013 Fraud (no contract)

1..2., 3.

A6017 Legal Malpractice

1,2.3.

A6050 Other Professional Malpractice (not medical or legal)

1.2.3.

^ *

o>
c

is
(O

*-

4)

Professional Negligence (25)


c

Other(35)

Wrongful Termination (36)


JO
Q.

D A6025 Other Non-Personal Injury/Property Damage tort

2,3.

1,2.3.

A6037 Wrongful Termination

I7J A6024 Other Employment Complaint Case

1., 2,3.

D A6109 Labor Commissioner Appeals

10.

Other Employment (15)

Ui

D A6004 Breach of Rental/Lease Conlract (not unlawful detainer or wrongful

2., 5.

eviction)

Breach of Contract/ Warranty


(06)
(not insurance)

2 S.

D A6008 Contract/Warranty 8reach -Seller Plaintiff(no fraud/negfigence)

1..2..5.

D A6019 Negligent Breach of Contract/Warranty (no fraud)

1., 2,5.

D A6028 Other Breach of Contract/Warranty (not fraud or negligence)


D
c

Insurance Coverage (18)

Other Contract (37)

Eminent Domain/Inverse

Condemnation (14)
<D

A6002 Collections Case-Seller Plaintiff

2., 5.. 6.

Collections (09)

o
o

Wrongful Eviction (33)

D A6012 Other Promissory Note/Collections Case

2., 5.

A6015 Insurance Coverage (not complex)

1,2,5,8.

A6009 Contractual Fraud

1..2..3..S.

A6031

1., 2. 3, 5.

A6027 Other Contract Oisputefnot breach/insurance/fraud/negligence)

Tortious Interference

D A7300 Eminent Domain/Condemnation

1,2,3,8.

Number of parcels

2.

D A6023 Wrongful Eviction Case

2,6.

Other Real Property (26)

Unlawful Detainer-Commercial

(31)
Unlawful Detainer-Residential

(32)
Unlawful Detainer-

Post-Foreclosure (34)

Unlawful Detainer-Drugs (38)

LAGIV 109 (Rev. 03/11)

LASG. Approved 03-04

D A6018 Mortgage Foreclosure

2.. 6.

2.. 6.

A6032 Quiet Title

D A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure)

2,6

D A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction)

2.6.

O A6020 Unlawful Detainer-Residential(not drugs or wrongful eviction)

2,6.

2.. 6.

A6020F Unlawful Detainer-Post-Foreclosure

D A6022 Unlawful Detainer-Drugs

CIVIL CASE COVER SHEET ADDENDUM


AND STATEMENT OF LOCATION

2., 6.

Local Rule 2.0

Page 2 of 4

SHORT TITLE.

CASE NUMBER

Siounit v. City of Palos Verdes Estates


A

Civil Case Cover Sheet

Type of Action
(Check only one)

Applicable Reasons -

Category No.

See Step 3 Above

Asset Forfeiture (05)

A6108 Asset Forfeiture Case

2., 6.

Petition re Arbitration (11)

A6115 Petition to Compel/ConfirmA/acate Arbitration

2., 5.

A6151

2,8.

A6152 Writ - Mandamus on Limited Court Case Matter

2.

A6153 Writ-Other Limited Court Case Review

2.

A6150 Other Writ/Judicial Review

2.. 8.

>

on

Writ of Mandate (02)

'

Other Judicial Review (39)

Antitrust/Trade Regulation (03)


Construction Defect (10)

a.

Claims Involving Mass Tort


(40)

Writ - Administrative Mandamus

O A6003 Antitrust/Trade Regulation

1,2,8

1.2., 3.

A6007 Construction Defect

D A6006 Claims Involving Mass Tort

1 2.. 8.

Q A6035 Securities LitigationCase

1., 2, 8.

1.. 2., 3., 8.

Securities Litigation (28)

Toxic Tort

Environmental (30)

Insurance Coverage Claims


from Complex Case (41)

Enforcement

of Judgment (20)
UJ

A6141 Sister State Judgment

2,9.

A6160 Abstract of Judgment

26.

A6107 Confession of Judgment (non-domestic relations)

29.

A6140 Administrative Agency Award (not unpaid taxes)

2.8.

A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax

2.8.

A6033 Racketeering (RICO) Case

1.. 2., 8.

A6030 Declaratory Relief Only

1..2..8.'

Other Complaints
(Not Specified Above) (42)

A6040 Injunctive Relief Only (not domestic/harassment)

2,8.

h
o

in

.>

Partnership Corporation
Governance (21)

Q A6011 Other Commercial Complaint Case (non-tort/non-complex)

1,2,8.

A6000 Other Civil Complaint (non-tort/non-complex)

1,2.8.

A6113 Partnership and Corporate Governance Case

2,8

A6121

Civil Harassment

2.. 3., 9.

<*

85
<u

JS" >

a-

Other Petitions

r=

(Nol Specified Above)

</>

RICO (27)

a.

10

5=

1., 2, 5.,8.

2.8,9.

D A6014 Insurance Coverage/Subrogation (complex case only)

D A6112 Other Enforcement of Judgment Case

i2
a>

A6036 Toxic Tort/Environmental

>

S.o
r...i

(Y>

(43)

D A6123 Workplace Harassment

2,3.9.

D A6124 Elder/Dependent Adult Abuse Case

2.. 3., 9.

2.

A6190 Election Contest

O A6110 Petition for Change of Name

2 7.

A6170 Petition for Relief from Late Claim Law

2., 3., 4, 8.

A6100 Other Civil Petition

2,9.

f>;

LASIV 109 (Rev. 03/11)


LASS Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM


AND STATEMENT OF LOCATION

Local Rule 2.0

Page 3 of 4

SHORT TITLE:

CASE NUMBER

Siounit v. City of Palos Verdes Estates

Item III. Statement ofLocation: Enter theaddress oftheaccident, party's residence orplace ofbusiness, performance, orother
circumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in thecourt location you selected.
AOORESS:

REASON: Check the appropriate boxes for the numbers shown


under Column C for the type of action that you have selected for

City of Palos Verdes Estates


340 Palos Verdes Dr West

this case.

1. D2. 03. D4. D5. D6. D7. D8. Q9. D10.


OTY:

STATE;

Palos Verdes

CA

ZIP CODE:

90274

Item IV. Declaration ofAssignment. Ideclare under penalty ofperjury under thelaws oftheStateofCalifornia thattheforegoing istrue

and correct and that the above-entitled matter is properly filed for assignment to the Stanley Mosk
Central

courthouse in the

District of the SuperiorCourtof California, County of Los Angeles [CodeCiv. Proa, 392 et seq., and Local

Rule 2.0, subds. (b), (c) and (d)J.

Dated: 01/28/2013
(SIGNATURE OF ATTORNY/FILIN<4 PARTY)

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY
COMMENCE YOUR NEW COURT CASE:

1.

Original Complaint or Petition.

2. Iffiling a Complaint, a completed Summons form for issuance by the Clerk.


3

Civil Case Cover Sheet, Judicial Council form CM-010.

4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev
03/11).

Payment in full of the filing fee, unless fees have been waived.

6. Asignedorderappointing the Guardian ad Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is a
minor under 18 years of age will be required by Court in order to issue a summons.

7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum
must be served along with the summons and complaint, or other initiating pleading in the case.

LACW 109 (Rev. 03/11)


LASC, Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM


AND STATEMENT OF LOCATION

Local Rule 2.0

Page 4 of 4