Electronically FILED by Superior Court of California, County of Los Angeles on 01/27/2020 12:06 PM Sherri R.

Carter, Executive Officer/Clerk of Court, by C. Monroe,Deputy Clerk

20STCV03294
Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Rupert Byrdsong

1 Reuven L. Cohen (Bar No. 231915)

E-mail: rcohen@cohen-williams.com
2 Kathleen M. Erskine (Bar No. 223218)
E-mail: kerskine@cohen-williams.com
3 COHEN WILLIAMS LLP
4 724 South Spring Street, Ninth Floor
Los Angeles, CA 90014
5 Telephone: (213) 232-5160
Facsimile: (213) 232-5167
6
7 Attorneys for Plaintiff,
JENNIFER SEETOO
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF LOS ANGELES
10
11 JENNIFER SEETOO, an individual, Case No.
12
13 Plaintiff, COMPLAINT FOR:
vs. (1) GENDER DISCRIMINATION;
14 (2) HARASSMENT;
15 COUNTY OF LOS ANGELES, a (3) RETALIATION;
governmental entity; LOS ANGELES (4) FAILURE TO PREVENT
16 COUNTY SHERIFF’S DEPARTMENT, a DISCRIMINATION AND
governmental entity; and DOES 1-20, HARASSMENT
17 inclusive,
JURY TRIAL DEMANDED
18
Defendants.
19
20
21
22
23
24
25
26
27
28

COMPLAINT
1 Plaintiff Jennifer Seetoo hereby alleges:
2 INTRODUCTION
3 1. Los Angeles County Sheriff Alex Villanueva (“Villanueva”) campaigned for
4 office on a promise to end cronyism and restore a merit-based promotion system to the Los
5 Angeles County Sheriff’s Department (“LASD”). In the year since he was elected,
6 Villanueva has repeatedly promoted his male friends, applied more favorable standards to
7 male employees than females generally, and made disparaging comments about women
8 within the LASD and to the media. He also has directed a vicious and cynical attack on
9 one of the LASD’s finest female lieutenants, blocking her from the opportunity to promote
10 to captain, directing his executives to demote her twice, belittling her, planting spies to
11 watch her work, criticizing her success, and transferring her out of the jurisdiction where
12 she served admirably and provided rare experience in responding to fires during the most
13 critical part of fire season. Villanueva’s actions are unlawful, and the LASD and County
14 are liable for his conduct. Plaintiff seeks by her complaint redress for the numerous and
15 significant violations of her rights to equal employment opportunity so that she may
16 perform the job she loves to the full extent of her ability and on the fair playing field that
17 the law mandates.
18 PARTIES
19 2. Plaintiff Jennifer Seetoo (“Plaintiff” or “Seetoo”) is and at all relevant times
20 herein was a sworn deputy sheriff employed by the Los Angeles County Sheriff’s
21 Department. Seetoo holds the rank of Lieutenant.
22 3. Plaintiff is informed, believes, and based thereon alleges that Defendant
23 County of Los Angeles (“County”) is a governmental entity in the State of California, with
24 a principal place of business at 500 West Temple Street, Los Angeles, California.
25 4. Plaintiff is informed, believes, and based thereon alleges that defendant Los
26 Angeles County Sheriff’s Department (“LASD”) is a governmental entity of the County,
27 with a principal place of business at 211 West Temple Street, Los Angeles, California.
28
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COMPLAINT
1 5. The true names and capacities, whether individual, corporate, or otherwise, of
2 Defendants named as DOES 1 through 20, inclusive, are unknown to Plaintiff, who
3 therefore sues said Defendants by such fictitious names pursuant to California Code of
4 Civil Procedure Section 474. Plaintiff will amend her Complaint to set forth the true names
5 and capacities of said Defendants when they are ascertained. Plaintiff is informed and
6 believes, and on that basis alleges, that each of said Defendants participated in all or some
7 of the acts as alleged herein and are liable to Plaintiff.
8 6. Plaintiff is informed and believes, and on that basis alleges, that at all material
9 times herein, each of Defendants was the agent, servant, and/or employee of each
10 remaining Defendant, and in doing the things hereinafter alleged, was acting in the course
11 and scope of said agency and employment, with the consent and permission of his/her/its
12 co-Defendants, and is responsible in some manner for the acts alleged herein and thereby
13 proximately caused injuries and damages to Plaintiff as alleged herein.
14 JURISDICTION AND VENUE
15 7. This Court has jurisdiction over Defendants because Defendants are
16 governmental entities that reside in and/or conduct business within the County of Los
17 Angeles.
18 8. At all times relevant herein, Plaintiff was a resident of the County of Los
19 Angeles.
20 9. Venue is proper in this judicial district pursuant to California Code of Civil
21 Procedure Section 395(a), because the Defendants reside in, do business in, and/or
22 committed the wrongful acts alleged herein within the County of Los Angeles.
23 GENERAL ALLEGATIONS
24 Seetoo’s Employment History with LASD
25 10. Seetoo has worked for LASD for over 22 years. She began her career as a
26 custody assistant in 1997 when she was 20 years old. She graduated first in her class, as
27 the “Honor Recruit,” from the Los Angeles County Sheriff’s Academy in 1999 and chose
28 to begin her deputy sheriff patrol career at the Compton Sheriff’s Station.
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COMPLAINT
1 11. Seetoo spent a year in Iraq from May 2004 to May 2005, operating convoys
2 and managing security operations for members of the United States Department of State on
3 an approved leave of absence from LASD. In 2005 she was selected to assess the police
4 academy curriculum in Amman, Jordan. In this capacity, Seetoo personally briefed high-
5 ranking Iraqi officials and General George Petraeus. She received a letter of
6 commendation from the Commander of the police academy written to then LASD Sheriff
7 Lee Baca.
8 12. At LASD, Seetoo moved up in the ranks, promoting to sergeant in 2009 and
9 then to lieutenant in November 2013. As a sergeant, Seetoo was assigned to Men’s Central
10 Jail and created the Jail Intelligence Team (“JIT”) to work closely with detectives from
11 local, state, and federal agencies. The JIT received commendations from several agencies
12 for their assistance in homicides, homeland security related crimes, and drug cartel cases.
13 13. In 2012, Seetoo received a master’s degree in Homeland Defense and Security
14 from the Naval Postgraduate School. The Naval Postgraduate School published her thesis
15 on the JIT, and many jails in the U.S. and Great Britain have created JIT’s using her thesis
16 as their model.
17 Seetoo’s Tenure as Operations Lieutenant and Acting Captain at Malibu/Lost Hills Station
18 14. On or about November 4, 2018 Seetoo was voluntarily transferred to a
19 position as Operations Lieutenant at the Malibu/Lost Hills Sheriff Station (“LHS”). LHS is
20 one of five stations in the LASD’s North Patrol Division. Its jurisdiction includes 187
21 square miles of territory, five cities, and several unincorporated areas of the County,
22 including Chatsworth, Malibou Lake, Topanga, and West Hills. The five cities within LHS
23 jurisdiction – Agoura Hills, Calabasas, Hidden Hills, Malibu, and Westlake Village – are
24 referred to as the Cities of Government (“COG”).
25 15. The Operations Lieutenant position at LHS oversees the operations inside the
26 station, including but not limited to personnel, budget, scheduling, processing of
27 paperwork, preparation of final paperwork, and executing the vision of the station’s
28
3
COMPLAINT
1 captain. Seetoo enthusiastically transferred to the Operations Lieutenant position, because
2 it is generally seen as a position to groom a lieutenant for a captain’s position.
3 16. Seetoo’s first day as Operations Lieutenant was November 5, 2018. Three
4 major events occurred in Lieutenant Seetoo’s first week on the job. On November 5, 2018,
5 the LHS Captain had a medical emergency and began an extended leave of absence, and
6 Seetoo was made Acting Captain of LHS.
7 17. On November 7, 2018, a gunman opened fire on a crowd at the Borderline Bar
8 and Grill (“Borderline”) in Thousand Oaks, California, killing twelve people and himself,
9 and injuring many others. While situated in Ventura County, Thousand Oaks borders LHS
10 jurisdiction. A Ventura County Sheriff’s Sergeant was among those killed in the
11 Borderline mass shooting.
12 18. Lieutenant Roel Garcia was the on-duty watch commander during the
13 Borderline shooting. When Seetoo arrived at work at 7:30 a.m. the following morning,
14 several deputies were upset by decisions Garcia had made regarding LHS’s response to the
15 shooting. Seetoo questioned Garcia, and he provided her a statement she later learned was
16 not accurate. Seetoo went back to Garcia, confronted him about his prior statements, and
17 told him he had made a poor decision. Three weeks later, Villanueva was sworn in as
18 Sheriff and appointed Garcia as his Aide.
19 19. On November 8, 2018, the Woolsey Fire started near Simi Valley, California,
20 and soon entered into the jurisdiction of LHS. The fire burned nearly 100,000 acres over
21 fourteen days. During the course of the Woolsey Fire, over 250,000 people, including
22 Seetoo and her family, were evacuated from their homes. It was the largest disaster
23 evacuation in Los Angeles County history. Seetoo was the first Incident Commander for
24 the LASD side of the Woolsey Fire. As such, Seetoo worked closely with the County Fire
25 Department to evacuate residents and assist the community in recovering from the fire.
26 20. From the date the Woolsey Fire ignited until early January, Seetoo worked an
27 average of 60-70 hours per week, and frequently worked shifts of over 24 hours. Seetoo
28 received numerous commendations from the community, emergency responders, and
4
COMPLAINT
1 political officials for her actions during the fire. The Los Angeles County Fire Chief
2 Anthony Marrone told Seetoo that without her, Lieutenant Jim Royal, and Fire Chief
3 Anthony Williams’s quick actions to evacuate the community, many more people would
4 have died. Seetoo’s Chiefs, Dennis Kneer and John Benedict, and Commanders
5 Christopher Reed and Patrick Nelson, all told her multiple times she was doing an
6 exceptional job as Acting Captain of LHS.
7 Seetoo Is Removed as Acting Captain of LHS and Demoted to Watch Commander, and
8 First False Accusations Are Made Against Her by the Sheriff’s Office
9 21. On January 28, 2019, Chief Kneer and Commander Reed asked to meet with
10 Seetoo after a Crime Management Forum meeting at LASD headquarters. Chief Kneer told
11 Seetoo he had been informed “by the Sheriff’s Office” that Seetoo was “playing politics
12 and jockeying for Josh’s job.” “Josh” was the Captain of LHS who was on medical leave.
13 Seetoo categorically denied the accusation and suggested they call Josh, stating that he
14 would tell them she was “not that kind of person.” Seetoo also noted that she spoke with
15 Josh on a regular basis and continued to implement Josh’s vision for the station.
16 22. Kneer then told Seetoo that the Sheriff’s Office knew she went to high school
17 with one of the City Managers in the five Cities of Government. Seetoo said that was not
18 true and asked specifically to whom they were referring. When they disclosed the name of
19 the individual, Seetoo said it was impossible she could have gone to high school with him,
20 because he was at least 50 years old and Seetoo was 41 at the time. Chief Kneer then said,
21 “Well, we know about your inappropriate relationship with him,” which Seetoo understood
22 to mean a sexual relationship. Seetoo began to get visibly upset and stated, “I’ve never
23 kissed or had sex with any public official.” Chief Kneer did not correct Seetoo’s
24 assumption that the “relationship” he was insinuating she had was an allegedly sexual
25 relationship. Seetoo said, “You don’t know me. I’m not that kind of girl.”
26 23. Seetoo was later informed, believes, and based thereon alleges, that the false
27 information that she had an inappropriate relationship with a City Manager had come from
28
5
COMPLAINT
1 Villanueva’s Aide, Roel Garcia; his Chief of Staff, Larry Del Mese; and the Sheriff
2 himself.
3 24. Chief Kneer then told Seetoo that she was being removed as the Operations
4 Lieutenant and Acting Captain of LHS because the Sheriff’s Office determined she “owed”
5 three additional months as watch commander to complete two years as watch commander
6 and be eligible for a Captain position. A watch commander is a shift lieutenant who solely
7 supervises the deputies out in the field during a specific shift. At LHS station, watch
8 commanders were also assigned to liaise with the residents and community leaders and
9 officials in a particular area or city within the station’s jurisdiction. It is common for a
10 liaison lieutenant to attend city council meetings or other pertinent meetings with city
11 leaders as part of their job functions.
12 25. After Seetoo was informed she was to serve as watch commander, she
13 requested not to be assigned as the Malibu Liaison, because the Sheriff’s Office had just
14 accused her of “playing politics,” and in her experience, Malibu was the most political city
15 in the LHS jurisdiction. Chief Kneer agreed.
16 26. Shortly after Alex Villanueva was sworn in as Sheriff in December 2018,
17 Villanueva had met with all staff at the rank of lieutenant or above to discuss the direction
18 of the LASD. Villanueva said he would stop cronyism; that promotions would be based on
19 merit; and that the community would select their captains. He also said that in order to be
20 eligible to promote to captain position, a lieutenant would need to have completed two
21 years as a watch commander. Villanueva said he was going to work with the unions to
22 create the two-year mandate. It was this mandate that Chief Kneer was referring to when
23 he removed Seetoo from the Acting Captain position at the direction of the Sheriff’s Office
24 and made her watch commander. At the time he notified her of the demotion, Chief Kneer
25 acknowledged the two-year requirement was not a policy but stated the Sheriff “is working
26 on it.”
27 27. Chief Kneer contacted Seetoo the next day, January 29, 2019, told her he had
28 done “his homework” on Seetoo and that “the rumors were wrong”; Seetoo was not playing
6
COMPLAINT
1 politics, nor did she have a relationship with a City Manager. Chief Kneer advised Seetoo
2 that he told Del Mese those accusations were untrue. Seetoo is informed and believes, and
3 based thereon alleges, that Chief Kneer also advised Lieutenant Roel Garcia that the rumors
4 were false.
5 28. On January 29, 2019, Seetoo emailed Chief Kneer and asked if he could
6 provide clarity on how her time had been calculated and why she owed three months as a
7 watch commander. Chief Kneer called Seetoo and told her to keep her head down and do
8 her three months as watch commander so that she could be eligible to promote to a captain
9 position. Seetoo told Chief Kneer she wanted the rumors about her to stop. Kneer assured
10 her that he had spoken with the Sheriff’s Office and they understood Seetoo was not
11 playing politics or having an inappropriate relationship with any public officials. Kneer
12 further stated he would put in a good word for Seetoo during the promotional selection for
13 captain.
14 29. Shortly thereafter, Seetoo learned that, contrary to her earlier agreement with
15 Chief Kneer that she would not be assigned to Malibu, Seetoo had been assigned as the
16 Malibu Liaison Lieutenant at LHS. Seetoo contacted Chief Kneer and expressed her
17 concern about being the Malibu Liaison, in light of the Sheriff’s Office accusation that she
18 was “playing politics.” Chief Kneer again assured Seetoo he had handled the rumors with
19 the Sheriff’s Office, and it was no longer an issue.
20 30. Following her removal as Acting Captain and Operations Lieutenant, Seetoo
21 served successfully as watch commander and Malibu Liaison Lieutenant at LHS. She also
22 continued to serve as Incident Commander for the disastrous flooding, mudslides, and
23 debris flows in the large burn area created by the Woolsey Fire. She engaged with the
24 community, initiating and running the “Coffee with a Cop” program, developing a
25 successful traffic plan, working with the community to develop disaster preparedness. She
26 created a school threat prevention plan and worked with community leaders and non-profit
27 organizations to engage with the community around various other public safety issues.
28
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COMPLAINT
1 31. Seetoo was recognized numerous times for her community engagement and
2 especially her role in responding to the Woolsey Fire. State Senator Henry Stern named
3 Seetoo as his 2019 Woman of the Year. She accepted the honor on the State Senate floor
4 in March of 2019. The Federal Bureau of Investigations and the Las Virgenes School
5 District also each asked her to speak at conferences regarding school threats.
6 32. Each time Seetoo received a notification that a group or public official wanted
7 to recognize her, she feared retaliation and further rumors of “playing politics” by the
8 Sheriff’s Office. She requested direction from Chief Kneer regarding each of these honors.
9 Each time, he advised her to accept them and participate, noting it would advance the
10 LASD and be good for her career.
11 33. Seetoo is informed and believes, and based thereon alleges, that on or around
12 May 9, 2019, leaders of the Cities of Government (“COG”) met with Villanueva prior to a
13 town hall meeting in the LHS jurisdiction. The COG leaders asked Villanueva if he
14 intended to honor his promise that they would be allowed to choose their next captain.
15 Seetoo is informed and believes, and based thereon alleges, Villanueva assured them he
16 would.
17 Seetoo Is Denied the Opportunity to Transfer to Detective Division
18 34. At some point in May 2019, Seetoo completed the three months she had been
19 told she “owed” to have the newly required two years of experience as watch commander.
20 At that point, she was eligible to promote to captain.
21 35. On May 16, 2019, Chief of Detective Division, Patrick Nelson, asked Seetoo
22 whether she was interested in transferring to Detective Division. Seetoo and Nelson had
23 worked together during the Woolsey Fire, and Nelson had indicated he would like to have
24 Seetoo working in his Division. Nelson told Seetoo he wanted her to work at Detective
25 Division because of her unique background in homeland security, intelligence, crime
26 analysis, and taskforce operations. Seetoo also is well-versed in federal laws governing
27 information collection. Seetoo responded enthusiastically and submitted her resume to
28 Nelson.
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COMPLAINT
1 36. On or about May 17, 2019, the annual California Contract Cities Conference
2 was held in Indian Wells. Hundreds of city officials, elected officials, and executives from
3 public safety organizations in California attend this annual event. Seetoo received a
4 number of text messages that day reporting that LASD Emergency Operations Division
5 Chief James Hellmold had mentioned her by name twice and praised her work in
6 responding to the Woolsey Fire.
7 37. Less than a week after the California Contract Cities Conference, the Acting
8 Captain of Audit and Accountability Bureau (“AAB”) asked Seetoo if she was interested in
9 transferring to AAB. Seetoo told him she had already committed to Detective Division.
10 Seetoo then went on an approved two-week vacation with her family to Alaska until June
11 10, 2019.
12 38. Before Seetoo left for vacation, she learned that the Sheriff’s then Chief of
13 Staff Larry Del Mese had announced that all employees must work a full year in their
14 current assignment before transferring to another position. While it was typical in Seetoo’s
15 experience that deputies would usually commit to a year in an assignment, in practice it
16 was frequently waived. Seetoo requested a waiver, but her request was denied. Seetoo
17 understood Del Mese’s announcement to mean that waivers would not be permitted and
18 that she could not transfer to Detective Division.
19 39. Notwithstanding this purported requirement, Del Mese decided unilaterally to
20 transfer Seetoo from her watch commander position at LHS to the position at AAB that
21 Seetoo had declined. Seetoo is informed and believes, and based thereon alleges, that
22 employees within the LASD view AAB as a dead-end desk position, and Villanueva is
23 viewed as having little respect for the AAB; one of the first moves Villanueva made after
24 becoming Sheriff was to try to dismantle the AAB. Seetoo is further informed and
25 believes, and based thereon alleges, that Villanueva was unsuccessful, because AAB is a
26 legally mandated Bureau.
27 40. Seetoo returned from her vacation on June 10 and only then learned she was to
28 be transferred to AAB. She learned from the Acting Captain of AAB that he had advised
9
COMPLAINT
1 Del Mese that Seetoo was not interested in transferring to AAB, and Del Mese responded
2 that he did not care. Seetoo advised her Commander, Blaine Bolin, who suggested she put
3 her preference not to transfer to AAB in writing. Seetoo e-mailed Bolin that she did not
4 want to transfer to AAB and would appreciate the opportunity at some future date to be
5 transferred to Detective Division. Seetoo was not transferred to AAB.
6 41. On or around June 21, 2019, an aide to the Undersheriff contacted Seetoo and
7 asked her if she was interested in attending the FBI National Academy. Seetoo stated she
8 was interested. The aide then admonished her that if she committed but then left the
9 program there would be negative consequences. He told her he knew she had young
10 children and therefore she “had better consider whether [she] really could do this.” Seetoo
11 discussed this issue with other male lieutenants who had been asked if they were interested
12 in attending the FBI National Academy, and none of them was warned to consider whether
13 they could commit based on their role as fathers or their family responsibilities.
14 42. Seetoo was chosen to attend the FBI National Academy and is scheduled to
15 attend from January 2020 until mid-March 2020. Seetoo is informed and believes, and
16 based thereon alleges, that the opportunity was provided to her to remove her physically
17 from LHS and because executives in the Sheriff’s office, which was soon to announce the
18 opening for the LHS Captain’s position, knew Villanueva was going to block Seetoo from
19 the opportunity to promote despite her broad popularity in the LHS jurisdiction.
20 Plaintiff Is Denied the Opportunity to Promote to Captain of LHS
21 43. Seetoo is informed and believes, and based thereon alleges, that at a press
22 conference on or around February 27, 2019, Villanueva said, regarding station captain
23 promotions:
24 “…Typically the city council or city manager was faced with one to
25 three choices from which to pick. But that excluded the
26 overwhelming majority of all the lieutenants on the department from
27 actually participating in the process. So my desire from the very
28 beginning was to be [sic] an inclusive process that allowed everyone
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COMPLAINT
1 to participate and actually put the onus on the communities to then be
2 able to pick who was going to be their unit commander, their chief of
3 police for their station. And this is the essence of what a
4 representative bureaucracy is, and we’re actually reflecting the will of
5 the communities that we’re serving.”
6 44. On or around June 25, 2019, LASD announced that the Captain position at
7 LHS was open. Seetoo immediately began completing the application. On or around June
8 27, 2019, Seetoo was in the watch commander’s office at LHS and had the paperwork for
9 the Captain’s position application. A sergeant assigned to LHS entered the office and
10 asked her about the paperwork. She told him she was applying, and he said, “You aren’t
11 going to be selected. You’ll be a watch commander for the rest of your career. Or at least
12 the next three and a half years, if we get a new sheriff.” Seetoo asked him why he said that,
13 and he laughed and said, “Because you’re ‘Malibu Barbie.’”
14 45. Seetoo submitted the completed application for the LHS Captain position on
15 or around July 1, 2019. On August 1, 2019, Seetoo received a letter stating she was not
16 eligible to interview for the position. The letter stated that 25 candidates had applied, and
17 that “the top five LASD executives as well as community stakeholders reviewed and
18 discussed the candidates’ qualifications.”
19 46. The ten candidates selected to interview for the Captain position were all male.
20 Several had never worked at LHS, and some lived several hours away from LHS. At least
21 one did not have the allegedly required two years as a patrol watch commander experience
22 that had formed the alleged basis for removing Seetoo as Acting Captain back in January of
23 2019. Seetoo is informed and believes, and based thereon alleges, that at least two other
24 qualified female applicants (one a lieutenant with several years of experience and one a
25 captain) applied for the position and were denied the opportunity to interview.
26 47. Seetoo was devastated that she had been eliminated from consideration. She
27 reached out to Chief Dennis Kneer, who at the time was Chief of Staff for Villanueva, to
28 seek his advice. Her e-mail stated, in part:
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COMPLAINT
1 “Last week I received my ‘Dear John or Dear Jenn’ letter stating I was not selected
to participate in the Malibu/Lost Hills Captain selection process and the selection
2
process was based on merit. That was a punch in the gut since the feedback
3 regarding my performance from the Department and the Community has all been
positive. As acting captain, I[] handled fires, floods, a barricade, a 998, and
4
successfully balanced the needs of five cities and two districts. I’ve received all
5 positive feedback from the Department and the community. All my prior
assignments have been positive, I feel like I have a solid and uniquely diverse
6
resume and completed my three months of line time I owed. I have a MA degree,
7 strong community engagement at Malibu-Lost Hills, and my evaluations have been
very good or outstanding nearly my entire career. I don’t have any discipline on my
8
record. Is there something wrong with my performance? Can you provide me some
9 mentorship on what I can do to improve? Also, now that I finished my three months
of line time, what lieutenant job do you recommend?...I’m very confused on what the
10
pathway is and what was wrong with my performance. Just last week, Chief Del
11 Mese came up to me at CIR, shook my hand, and told me what a great job I did as
acting captain on the 998. These past days, I’ve been racking my brain as to why I
12
wasn’t given a chance to interview. Chief, any mentorship you can offer would be
13 greatly appreciated.”
14 48. Aside from this e-mail to Kneer, Seetoo did not reach out to any other person
15 about the fact that she had not been selected for an interview and did not complain.
16 49. On or about August 7, 2019, Seetoo began to get telephone calls from
17 numerous elected officials in the five cities within LHS jurisdiction. They advised Seetoo
18 they had sent a letter to LASD demanding that Seetoo’s name be added to the interview list
19 and noting their frustration that no female candidates were on the list.
20 50. Seetoo was alarmed when she received this response, because she feared the
21 Sheriff would assume she had a hand in the complaints and accuse her again of “playing
22 politics” or otherwise retaliate against her. Seetoo contacted North Patrol Division
23 Commander Christopher Reed and advised, “I just heard about a letter the COG wrote.
24 Please know I had no idea they were going to do this. I didn’t tell them I wasn’t selected
25 for an interview and never complained. I just don’t want the Sheriff to think I’m playing
26 politics…”
27
28
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COMPLAINT
1 51. Seetoo also learned from a Department executive on or about August 7, 2019
2 that a County Supervisor had contacted the Sheriff and expressed “outrage” that no female
3 candidates were on the list of eligible candidates. Seetoo had not communicated with the
4 County Board of Supervisors.
5 52. At some point on or around August 9, 2019, Lieutenant Salvador (“Chuck”)
6 Becerra advised Seetoo that all the COG City Managers wanted her for the captain position
7 but that, since she was not on the interview list, he felt he had a chance to be chosen. A
8 few days later, it was announced that Matt Vander Horck had been selected Captain. Lt.
9 Becerra was very upset he was not chosen; he requested an immediate transfer, without
10 having done a year at his current position. Seetoo is informed and believes, and on that
11 basis alleges, that Chief Del Mese approved his request.
12 53. Seetoo is also informed and believes, and on that basis alleges, that after the
13 captain selection process was complete Chief Del Mese stated that if Villanueva had
14 allowed Seetoo to interview for the captain position, she would be the Captain of LHS.
15 54. Seetoo is further informed and believes, and based thereon alleges, that
16 Villanueva intentionally kept Seetoo and all other female candidates out of the interview
17 process for LHS captain based on a discriminatory and gender-based animus.
18 Seetoo Is Temporarily Restored to LHS Operations Lieutenant Position, Then Removed
19 55. In or around early September 2019, Vander Horck, the newly promoted
20 Captain at LHS, requested that Seetoo be permitted to serve as Operations Lieutenant.
21 Seetoo was still performing as watch commander and Malibu Liaison, despite the fact that
22 Seetoo had completed her “line time” as watch commander in May. Chief Del Mese and
23 Commander Reed agreed she could assume the position only temporarily, until a
24 permanent replacement was found. Seetoo assumed the position.
25 56. In the same week, Seetoo received a call from one of Villanueva’s executive
26 staff whom Seetoo has known personally for years. Seetoo had reached out to him in June
27 and asked if she could talk to him. He asked her what was going on, and Seetoo became
28 emotional. She told him she “want[ed] the rumors to stop.” The executive did not deny
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COMPLAINT
1 there were rumors. Instead, he told Seetoo she was “young and pretty,” suggesting that this
2 was a bad thing. He then said that “Reva [Feldman, Malibu City Manager] isn’t doing you
3 any favors, either. The executive then said Seetoo was “playing politics” and noted that the
4 Sheriff had “spies” at LHS watching her. He said the “spies” reported that Seetoo was
5 “always in meetings rather than being the watch commander.” Seetoo responded that she
6 had been ordered to attend numerous meetings about the Woolsey Fire over the previous
7 several months, and that her supervisor was aware of the other meetings she had, which
8 were work-related.
9 57. Seetoo told the executive she was not playing politics and had requested not to
10 be assigned to Malibu back in January when she was demoted to watch commander, yet she
11 had been assigned as the Malibu Liaison anyway. She also noted that she had tried in June
12 to leave LHS and transfer to Detective Division but had been prohibited from doing so by
13 the “requirement” that she serve for a year in her current position. Throughout the call,
14 Seetoo told the executive she “just want[ed] to be left alone to do her job,” and that she
15 wanted the rumors to stop. She asked the executive what he wanted her to do. He
16 responded that she should stay at LHS and not worry, because another captain position in
17 Malibu would be opening when a new Malibu station, then under construction, was
18 finished.
19 58. On October 10, 2019, the Saddle Ridge Fire ignited in Sylmar, California, and
20 affected the LHS jurisdiction. Seetoo was the only lieutenant working at LHS with direct
21 experience dealing with a fire. The Saddle Ridge Fire burned for 21 days, destroying 25
22 structures and burning almost 9,000 acres. Seetoo was not on duty when the fire started.
23 However, within the first hours of the fire, Captain Vander Horck, the Los Angeles Fire
24 Department, and LASD executives all reached out to Seetoo for guidance. Seetoo worked
25 38 hours straight and helped coordinate the initial response to the fire.
26 59. On Saturday October 12, 2019, Seetoo rode in the Reyes Adobe Parade in the
27 City of Agoura Hills. The city had asked Seetoo to be the Reyes Adobe Ambassador to
28
14
COMPLAINT
1 honor her for her work in the Woolsey Fire. LHS station posted a photo of Seetoo riding in
2 the parade, and other media postings appeared showing Seetoo riding in the parade.
3 60. Seetoo is informed and believes, and based thereon alleges, that the following
4 Wednesday, October 16, 2019, a member of the Sheriff’s executive staff called Captain
5 Vander Horck at LHS and directed Vander Horck to: remove Seetoo from her position as
6 Operations Lieutenant immediately, demote her to watch commander, and direct her to sit
7 in the watch commander’s chair for 40 hours a week and go to no meetings. Seetoo is
8 informed and believes, and based thereon alleges, that the directive was outside of the usual
9 chain of command. Seetoo was given no reason for the immediate demotion.
10 61. Seetoo advised Vander Horck it would be impossible to perform her duties as
11 Malibu Liaison and also sit in the watch commander’s chair for 40 hours a week. Seetoo is
12 informed and believes, and based thereon alleges, that Vander Horck consulted with North
13 Patrol Division executives, who then advised Vander Horck to remove Seetoo from the
14 Malibu Liaison position as well and directed that Seetoo was not to have any contact with
15 the public or public officials. Again, Seetoo received no explanation why these duties were
16 removed at the time the decision was communicated to her.
17 62. On the day Seetoo was removed as Operations Lieutenant and Malibu Liaison,
18 Seetoo’s Commander, Blaine Bolin, called her at home at approximately 7:00 in the
19 evening. Bolin advised he was calling on behalf of Chief Del Mese and stated that she had
20 been removed as Malibu Liaison, “because the Detective Lieutenant had always had
21 Malibu as a collateral duty.” This was not factually correct, as historically a watch
22 commander had always been the Malibu Liaison with one exception. In fact, Seetoo is
23 informed and believes, and based thereon alleges, that the male sergeant currently working
24 as watch commander at LHS, not the Detective Lieutenant, is serving as Malibu Liaison.
25 Seetoo Makes a Written Request that the LASD Cease Its Harassing Conduct
26 63. In her conversation with Commander Bolin, Seetoo became emotional and
27 told him she was tired of the Sheriff’s office making up rumors about her, harassing her,
28 and retaliating against her. She told him that she had received numerous communications
15
COMPLAINT
1 from community members about her removal as Malibu Liaison, and that she had nothing
2 to do with the community response, had not asked anyone to address the issue, and had told
3 the news media she could not provide a statement about the removal. She told him she
4 feared that the community response would just increase the Sheriff’s Office’s retaliation
5 against her and rumors of “playing politics.” She then confirmed these statements in an
6 email to Commander Bolin.
7 Malibu Community Members Complain to Sheriff About Seetoo’s Removal
8 64. Seetoo is informed and believes, and based thereon alleges, that on or about
9 Saturday, October 19, 2019, Malibu resident and Public Safety Commissioner, Andy
10 Cohen, drafted a letter to the LASD complaining that Seetoo’s removal was a sexist and
11 political move. Seetoo is informed and believes, and based thereon alleges, that Cohen
12 died approximately two hours after drafting the letter but that before his death, he asked
13 another Malibu resident to forward it to the Sheriff. Seetoo is further informed and
14 believes Cohen’s letter was transmitted to the Sheriff on or around October 20 or 21, 2019
15 by the resident. Seetoo received a copy of the letter from the Malibu resident who
16 transmitted the letter. It stated, among other things:
17 “This demotion of Malibu’s best liaison ever has the entire Malibu
18 community as well as all the city council people really upset because
19 it is apparent that this was a political and sexist move against a
20 successful and strong and completely effective person whose only
21 shortcoming was being born a female and therefore not being a
22 member of the long standing LASD old boys network. A rare and
23 effective woman in a mans [sic] organization.”
24 LASD Officials Direct the LHS Captain to “Own” the Decision to Demote Seetoo
25 from the Operations Lieutenant and Malibu Liaison Lieutenant Position
26 65. Seetoo is informed and believes and based thereon alleges that on Monday,
27 October 21, 2019, Chief Del Mese ordered Captain Vander Horck to his office and stated
28 the community was in an uproar due to Seetoo’s demotion as the Malibu Liaison
16
COMPLAINT
1 Lieutenant. Seetoo is further informed and believes and based thereon alleges that Del
2 Mese directed Vander Horck to “own” the decision, notwithstanding the fact that Vander
3 Horck had not made the decision.
4 Villanueva Orders LHS Captain to Fabricate and “Own” a Reason to Remove Seetoo from
5 LHS Station and Involuntarily Transfer Her to West Hollywood Station
6 66. On or around October 28, 2019, shortly after 1:30 a.m., the Getty Fire started
7 along the 405 Freeway near the Getty Center. At approximately 4:30 a.m., Seetoo received
8 a call from the Director of Office Emergency Management (“OEM”) Kevin McGowan.
9 McGowan notified Seetoo that Los Angeles County Fire Chief Anthony Marrone had
10 requested that Seetoo respond to the Incident Command post and work with Los Angeles
11 County Fire on the recently announced voluntary evacuations in Topanga. According to
12 McGowan, Marrone had advised that he wanted Seetoo to respond because “Jenn [Seetoo]
13 is the only person who knows what she is doing.” Seetoo asked McGowan to get Vander
14 Horck’s approval, because she had learned she was to be transferred and did not want to be
15 accused of misconduct or “grandstanding” for responding to the request.
16 67. Vander Horck approved Seetoo’s participation. Seetoo worked with Los
17 Angeles County Fire Department to create an evacuation plan for LHS jurisdiction. Later
18 the same day, Vander Horck called Seetoo into his office and asked her about the e-mail
19 she had sent to Commander Bolin on October 16, 2019 complaining of having been
20 wrongfully accused of having “an inappropriate relationship” with a city manager. Seetoo
21 told Vander Horck she believed it was part of a bigger campaign of discrimination and
22 harassment against her because she was a female. Seetoo then told Vander Horck that the
23 problems had all started back in January, when the Sheriff’s office had wrongfully accused
24 her of having an “inappropriate relationship” with a city manager and “playing politics.”
25 68. Vander Horck then advised Seetoo that the decision had been made to transfer
26 her to West Hollywood Station, “to further her career,” and because she was “disruptive.”
27 Seetoo is informed and believes, and based thereon alleges, that Vander Horck and her
28 Commanders did not want her to be involuntarily transferred, but that the decision was
17
COMPLAINT
1 made by Sheriff Villanueva and that he and other high-level executives forced Vander
2 Horck, a probationary captain, to make it appear that it was his decision.
3 69. Seetoo is informed and believes, and based thereon alleges, that the Sheriff, or
4 LASD executives acting at his direction, directed that the transfer was to be implemented
5 as soon as possible and no later than November 2, 2019. Plaintiff is further informed and
6 believes, and based thereon alleges, that Vander Horck needed her to assist with Red Flag
7 warnings associated with the Getty Fire, which was still burning.
8 70. On or about October 31, 2019, Vander Horck sat for an interview with KBUU,
9 a local radio station in Malibu. Seetoo is informed and believes, and based thereon alleges,
10 that when he was asked about Seetoo’s removal from LHS and impending transfer, Vander
11 Horck believed he was off the microphone. He stated that he was “devastated” to lose her
12 at LHS and that the decision to remove Seetoo was made by the Sheriff.
13 71. On October 30, 2019, another fire broke out in LHS jurisdiction. Seetoo
14 served as the Incident Commander and handled the planning of LHS response. A
15 representative from the Emergency Operations Bureau called Seetoo at approximately 7:00
16 a.m. and asked for her plan. Seetoo informed him that it was her last day at LHS and she
17 would be finishing her shift at 4:00 p.m. He appeared shocked and stated her transfer
18 would be crippling for LHS. He stated that no one else at the station knew how to handle a
19 fire, and that Seetoo was being removed during the most critical part of the fire season.
20 Plaintiff later learned that Fire Chief Marrone, Fire Chief Brown, and the Director of EOM
21 were all unhappy with the decision to transfer Seetoo out of LHS.
22 72. Seetoo is informed and believes, and based thereon alleges, that her sudden
23 transfer out of LHS and to the relatively remote West Hollywood station was viewed by her
24 colleagues as a signal that she had done something wrong. Seetoo felt shame and
25 embarrassment. After she was transferred to West Hollywood Seetoo typically spent
26 nearly three hours per working day traveling to and from work. Seetoo is informed and
27 believes, and based thereon alleges, that the LASD has a pattern and practice of transferring
28 employees to stations far from their homes as a means of retaliating against them or making
18
COMPLAINT
1 it appear in the eyes of other LASD employees that they have done something wrong.
2 Within the LASD, this practice is commonly referred to as “freeway therapy.”
3 73. On Seetoo’s first day working as watch commander in the West Hollywood
4 station, a sergeant showed her around the station, but no one provided her an orientation.
5 She sat at a desk for 12 hours and did almost nothing.
6 74. Seetoo is informed and believes, and based thereon alleges, that after she was
7 transferred out of LHS, Commander Bolin told at least one news reporter that the reason
8 she had been removed from her position as Operations Lieutenant and transferred was
9 because she needed “more line time.” Seetoo is informed and believes and based thereon
10 alleges that within the LASD “line time” for a lieutenant refers to time working as a patrol
11 watch commander. As discussed infra, Seetoo is informed and believes and based thereon
12 alleges that there are numerous examples where male lieutenants have been permitted to
13 promote with less patrol watch commander “line time” than Seetoo had, and that lack of
14 line time was not a factor for male employees.
15 75. As of November 5, 2019, Seetoo would have completed one year at LHS and
16 would have been eligible to transfer to Detective Division. Seetoo is informed and believes
17 and based thereon alleges that the Sheriff insisted on her transfer by November 2, 2019 to
18 start her clock over again prior to fulfilling one year at LHS and to ensure she would be
19 ineligible to transfer to Detective Division or any other division if she requested a transfer.
20 By comparison, as discussed infra, several male employees have been permitted to transfer
21 to Detective Division and to positions in special units without completing a year in the
22 position they transfer from.
23 Villanueva Renews the False and Defamatory Comments about Seetoo’s Alleged
24 “Inappropriate Relationship” with a City Manager
25 76. Plaintiff is informed and believes, and based thereon alleges, that Villanueva
26 communicated personally with a reporter in the Malibu community in or around October
27 2019 and told the reporter several false and defamatory things about Seetoo, including
28 repeating verbatim the false statement that Seetoo had “had an inappropriate relationship
19
COMPLAINT
1 with a city manager.” Seetoo is further informed and believes, and based thereon alleges,
2 that based on the information, the reporter started a campaign on social media, the LHS
3 community, and the LASD and in the LHS community to attack Plaintiff’s reputation
4 within the community where she and her family reside.
5 Seetoo Is Denied the Opportunity to Work Overtime Hours at LHS
6 77. On or around November 12, 2019, Seetoo made a request to work overtime at
7 LHS. The captain of a station typically approves outside overtime requests. Seetoo
8 requested and obtained approval from the Captain of the West Hollywood Station and
9 submitted it to Vander Horck, which Seetoo is informed and believes and based thereon
10 alleges is the typical protocol. However, Vander Horck advised Seetoo that, because it was
11 Seetoo making the request, he needed to get permission from the Commander, which
12 Seetoo is informed and believes is outside of the usual process. After several follow up
13 requests for a decision, Seetoo was advised that approval for her to work overtime at LHS
14 would have to be signed off by Chief Del Mese or the Sheriff’s Office. As of the date of
15 the filing of this complaint, Seetoo has not been permitted to work overtime at LHS.
16 78. Seetoo is informed and believes, and based thereon alleges, that the male
17 lieutenant who now serves as Operations Lieutenant at LHS was transferred to LHS from
18 West Hollywood Station, and he is permitted to work overtime at West Hollywood and did
19 not have to get permission from Chief Del Mese or the Sheriff’s Office to do so.
20 LASD Initiates “Policy of Equality” and Internal Affairs Investigations
21 79. Plaintiff is informed and believes, and based thereon alleges, that the LASD
22 viewed her October 16, 2019 email to Commander Bolin as a trigger of the LASD’s
23 “policy of equality” (“POE”), and an investigation commenced.
24 80. Plaintiff is further informed and believes, and based thereon alleges, that
25 LASD policy does not allow a reporter of a POE violation to be transferred while an
26 investigation of the report is pending. Seetoo has been informed by multiple individuals
27 within the LASD that her involuntary transfer to West Hollywood Station while her
28 complaint was pending is against LASD policy. Seetoo has been further informed and
20
COMPLAINT
1 believes, and based thereon alleges, that this was brought to the attention of Villanueva and
2 that his response was to move forward and violate policy.
3 81. Seetoo is informed and believes, and based thereon alleges, that her direct
4 supervisors, Captain Matt Vander Horck, Chief Kneer, and Commanders Reed and Bolin,
5 have not displayed discriminatory intent against her and did not make the adverse decisions
6 set forth in this complaint. However, based on the course of events, Seetoo is informed and
7 believes that Villanueva and/or LASD executives in his office acting at his direction, will
8 attempt to scapegoat Vander Horck, as a probationary captain, and/or Chief Kneer,
9 Commanders Bolin or Reed, and make it appear that they committed the wrongful acts
10 asserted in this complaint.
11 82. On or around November 25, 2019, Seetoo was contacted by Internal Affairs
12 Bureau (“IAB”) and advised that an investigation had been opened based on her reports in
13 the POE investigation. Seetoo expressed her concern that nothing realistically could come
14 of the IAB investigation other than an effective end to her career with the LASD. The
15 investigators gave her no assurance that her career would be protected.
16 83. Seetoo is informed and believes and based thereon alleges that the adverse
17 employment actions against her and the campaign of harassment alleged herein have been
18 directed from the highest levels of the Sheriff’s office, including by the Sheriff himself.
19 For this reason, Seetoo is informed and believes and based thereon alleges that she has no
20 means of obtaining a fair, equitable, and non-harassing work environment by utilizing the
21 LASD’s policy on equality, and she fears that the recently initiated IAB investigation will
22 either result in no change, or further retaliation against her and/or others who provide
23 truthful information in the investigation. Seetoo was recently informed and believes, and
24 based thereon alleges, that the Sheriff intends to blame her transfer in October 2019 on Del
25 Mese, who recently retired.
26 ///
27 ///
28 ///
21
COMPLAINT
1 LASD’s More Favorable Treatment of Male Employees
2 84. Seetoo is informed and believes, and based thereon alleges, that the
3 discrimination she has faced is part of a larger pattern and practice of discrimination by
4 Villanueva and the LASD against female sworn officers in the LASD.
5 85. Under Sheriff Villanueva’s leadership, the LASD has repeatedly shown male
6 sworn officers more favorable treatment than that given to Seetoo.
7 86. Seetoo is informed and believes that there are several other female officers
8 who have been mistreated and denied opportunities that have been given to males. Based
9 on the number of women treated less favorably, Seetoo is informed and believes that
10 discrimination against women has become an established practice within the Sheriff’s
11 Office, driven by Villanueva’s own animus toward females.
12 87. Among the male sworn officers within LASD that Seetoo is informed and
13 believes have been treated more favorably than Seetoo are the following:
14 a. At the time Lieutenant Roel Garcia was appointed to be Villanueva’s
15 Aide in December 2018, Garcia had less than 18 months’ experience as a watch
16 commander and Lieutenant combined. The position of Sheriff’s Aide is an executive-level
17 position. Despite the lack of two years in a watch commander position, Villanueva then
18 promoted Garcia to captain on December 8, 2019. Seetoo, by contrast, was demoted from
19 an Acting Captain position on the asserted basis that she lacked two years as a watch
20 commander. At the time Seetoo was demoted, she had been a lieutenant for six years.
21 b. Seetoo was removed as Acting Captain from LHS, while all similarly
22 situated male acting captains were permitted to continue serving as acting captain until
23 there was a captain selection process in their respective jurisdictions. Seetoo is informed
24 and believes and based thereon alleges that she was the only station acting captain that was
25 immediately removed and replaced with another acting captain, who was male.
26 c. After Seetoo was removed from the Operations Lieutenant position in
27 October 2019, the position was offered a male employee who lacked the two years as watch
28 commander that Seetoo was required to have in order to hold the position. When asked by
22
COMPLAINT
1 the local news media what was the reason Seetoo was removed from the position, LASD
2 stated she needed “more line time.” The same male lieutenant has been permitted to work
3 overtime hours in West Hollywood, while Seetoo’s repeated requests to work overtime at
4 LHS have been denied.
5 d. Villanueva transferred a lieutenant to Detective Division who had been
6 promoted less than a year earlier, had not worked one year in his current assignment, and
7 who had worked as a watch commander only six months. Seetoo was denied the
8 opportunity to transfer to Detective Division for allegedly lacking a year in her current
9 position at LHS when she had been told she was the division Chief’s first choice for the
10 position.
11 e. Seetoo is informed and believes and based thereon alleges that at least
12 one male lieutenant was placed on the list of candidates to interview for the LHS captain
13 position when he lacked two years as a patrol watch commander.
14 f. Seetoo is informed and believes and based thereon alleges that several
15 candidates on the all-male list of candidates for LHS captain had received discipline and
16 were allowed to interview for captain, while Seetoo has never received discipline in her 22
17 years on the LASD and was denied the opportunity to interview.
18 g. Lieutenant Salvador “Chuck” Becerra was permitted to transfer outside
19 of the typical transfer schedule without having done a year in his then-current position,
20 while Seetoo was told she could not transfer to Detective Division because she had not
21 completed a year at LHS. Seetoo is informed and believes and based thereon alleges, that
22 Chief Del Mese, who announced the one-year requirement that Seetoo was held to,
23 approved Becerra’s transfer.
24 h. A male lieutenant was permitted to fill the position of Chief’s Aide to
25 Chief Del Mese despite not having completed two years as a watch commander. Seetoo is
26 informed and believes and on that basis alleges that this male lieutenant was advised that
27 the time he spent in the Chief’s Aide position, which is not a “line” position, would be
28 counted toward his watch commander line time.
23
COMPLAINT
1 i. A male lieutenant was promoted to Detective Lieutenant in Special
2 Victims Unit without having two years’ experience as watch commander. Seetoo, by
3 comparison, was demoted from the Acting Captain and Operations Lieutenant position to
4 watch commander at LHS for the stated position that she needed more “line” experience.
5 j. A male lieutenant who is a Detective Lieutenant at Compton Station had
6 less than two years as a watch commander and less than two years as a lieutenant when he
7 was transferred to the position.
8 k. A male lieutenant with less than two years as watch commander was
9 transferred to the Detective Lieutenant position in the Human Trafficking Unit.
10 Exhaustion of Administrative Remedies
11 88. On January 22, 2020, Seetoo filed charges of discrimination, harassment,
12 retaliation, and failure to prevent discrimination and harassment against the County and
13 LASD with the California Department of Fair Employment and Housing (“DFEH”), which
14 issued to Seetoo an immediate Right-to-Sue letter.
15 FIRST CAUSE OF ACTION
16 (Gender Discrimination in Violation of the
17 Fair Employment and Housing Act, Cal. Gov. Code § 12940(a))
18 Against Defendants County and LASD and Does 1-14)
19 89. Seetoo incorporates by reference as if fully set forth here the allegations of
20 Paragraphs 1 through 88.
21 90. Seetoo is informed, believes, and based thereon alleges that at all times
22 relevant herein, Defendants County and LASD were “employers” within the meaning of
23 California Government Code section 12926(d).
24 91. Seetoo is informed, believes, and based thereon alleges that at all times
25 relevant herein, she was an employee of Defendants within the meaning of the California
26 Fair Employment and Housing Act (“FEHA”), Cal. Gov. Code § 12926 et seq.
27 92. Seetoo is informed, believes, and based thereon alleges that beginning in or
28 around January 2019, Defendant LASD entered into a course of conduct, practice, policy,
24
COMPLAINT
1 and/or plan of discriminating against Seetoo in the terms, conditions, and/or privileges of
2 her employment based in whole or in part on plaintiff’s gender, female. This conduct,
3 practice, policy, and/or plan included, but was not limited to:
4 a. Demoting Seetoo from the position of Acting Captain and Operations
5 Lieutenant in January 2019;
6 b. Denying Seetoo the opportunity to transfer to Detective Division in or around
7 late June 2019;
8 c. Denying Seetoo the opportunity to promote to captain of LHS station in or
9 around August 2019;
10 d. Demoting Seetoo from the Operations Lieutenant a second time on or around
11 October 16, 2019;
12 e. Removing Seetoo from her duties as Malibu Liaison in October 2019;
13 f. Involuntarily transferring Seetoo from LHS Station to West Hollywood in
14 early November 2019;
15 g. Denying Seetoo the opportunity to work overtime shifts at LHS in or around
16 November 2019.
17 h. Falsely and wrongfully accusing Seetoo of “playing politics” when she was
18 simply carrying out her job duties as Acting Captain and then as the Malibu
19 Liaison Lieutenant;
20 i. Falsely and wrongfully accusing Seetoo of having “an inappropriate
21 relationship,” and insinuating such relationship was a sexual relationship, with
22 a city manager, and repeating the false accusation to the press after confirming
23 that the accusation was false.
24 93. Plaintiff is informed, believes, and based thereon alleges that Defendants
25 County and LASD approved, implemented and condoned this practice, policy, and plan;
26 had actual and/or constructive knowledge of the aforementioned conduct; and directed,
27 authorized and/or ratified the conduct.
28
25
COMPLAINT
1 94. Plaintiff is informed, believes, and based thereon alleges that Defendants’
2 discrimination in the terms, conditions, and/or privileges of her employment as alleged
3 herein was intentional, or in reckless disregard for her rights, and was substantially
4 motivated by the fact that Seetoo was female.
5 95. As a direct and proximate result of the alleged conduct by Defendants County
6 and LASD, Seetoo has suffered, and continues to suffer, extreme and severe emotional and
7 physical distress, including, but not limited to, pain, grief, shame, humiliation,
8 embarrassment, anger, disappointment, depression, sleeplessness, anxiety, damage to
9 reputation, and worry, all to her damage in a sum according to proof.
10 96. As a further proximate result of Defendants’ violations of law, Seetoo has
11 suffered special damages, including but not limited to past and future lost earnings, for
12 which she seeks compensatory damages against Defendants, in an amount according to
13 proof.
14 SECOND CAUSE OF ACTION
15 (Harassment in Violation of the
16 Fair Employment and Housing Act, Cal. Gov. Code § 12940(j))
17 Against Defendants County and LASD and Does 13-20)
18 97. Plaintiff incorporates by reference as if fully set forth here the allegations of
19 Paragraphs 1 through 96.
20 98. Seetoo was, at all relevant times, an employee of Defendants within the
21 meaning of the FEHA.
22 99. Defendants were, at all relevant times, Seetoo’s employer within the meaning
23 of the FEHA, Cal. Gov. Code § 12926(d).
24 100. Seetoo is informed, believes, and based thereon alleges that at all relevant
25 times since January 2019, Defendant LASD, by and through Sheriff Alex Villanueva and
26 executive-level officials within the LASD acting at Villanueva’s direction, engaged in a
27 continuous course of conduct of harassing Seetoo based on her gender, and that LASD and
28 County permitted and condoned that conduct through the failure of their executives with
26
COMPLAINT
1 knowledge of the harassment to act upon or investigate the information known to them and
2 to stop the harassing behavior.
3 101. Seetoo is informed, believes, and based thereon alleges that the harassment by
4 LASD through Villanueva and his executive level staff included but was not limited to:
5 a. Making repeated derogatory and gender-motivated comments about Seetoo,
6 including referring to her as “Malibu Barbie,” claiming that she “plays
7 politics,” calling her a “master puppeteer” and “manipulator” and claiming
8 that she had “an inappropriate [sexual] relationship with a city manager,”
9 which was absolutely false;
10 b. Repeating the false accusations regarding the alleged “inappropriate
11 relationship with a city manager” multiple times after Chief Dennis Kneer
12 confirmed it was false and “put to bed,” including by stating the defamatory
13 comment to a member of the press in October 2019;
14 c. Repeating the vague and false claim that Seetoo was “playing politics” to
15 attempt to intimidate her in the performance of her job duties, which required
16 her to interface with the Malibu community, while denying Seetoo’s requests
17 (i) not to be assigned to Malibu, to avoid any criticism or allegation of
18 “playing politics” by the Sheriff; (ii) to transfer to the Detective Division after
19 she was invited to do so by the chief there;
20 d. Directing Seetoo’s captain to fabricate and “own” false and derogatory reasons
21 for her involuntary transfer to West Hollywood to attempt to discredit Seetoo
22 in the eyes of others in the LASD and the community, and limit her potential;
23 and
24 e. Planting “spies” in Seetoo’s workplace in LHS station and having a Sheriff’s
25 Office executive tell Seetoo that spies were watching her.
26 102. Seetoo is informed, believes, and based thereon alleges that the harassing
27 conduct directed by Villanueva and other LASD executives was because of Seetoo’s
28 gender and was motivated by Villanueva’s hostility toward female employees.
27
COMPLAINT
1 103. The harassing conduct by LASD executives as described above was
2 unwelcome and offensive to Seetoo, and Seetoo considered the conduct to be hostile,
3 severe, and pervasive, and a significant interference with her ability to perform her job.
4 104. Seetoo is informed, believes, and based thereon alleges that a reasonable
5 person in her circumstances would have considered the work environment to be hostile or
6 abusive.
7 105. Seetoo is informed, believes, and based thereon alleges that Defendants’
8 conduct as alleged herein constitutes sexual harassment in violation of the FEHA,
9 California Government Code § 12940(j), and was a substantial factor in causing injury and
10 damage to Seetoo.
11 106. As a direct and proximate result of the alleged conduct by Defendants, Seetoo
12 has suffered, and continues to suffer, extreme and severe emotional and physical distress,
13 including, but not limited to, pain, grief, shame, humiliation, embarrassment, anger,
14 disappointment, depression, sleeplessness, anxiety, damage to reputation, and worry, all to
15 her damage in a sum according to proof.
16 THIRD CAUSE OF ACTION
17 (Retaliation in Violation of the
18 Fair Employment and Housing Act, Cal. Gov. Code § 12940(h))
19 Against Defendants County and LASD and Does 1-14)
20 107. Plaintiff incorporates by reference as if fully set forth here the allegations of
21 Paragraphs 1 through 106.
22 108. Seetoo was, at all relevant times, an employee of Defendants within the
23 meaning of the FEHA.
24 109. Defendants were, at all relevant times, Seetoo’s employer within the meaning
25 of the FEHA, Cal. Gov. Code § 12926(d).
26 110. Seetoo engaged in protected activity when she opposed the conduct of
27 Defendant LASD that she reasonably believed was harassing and discriminatory, including
28 but not limited to:
28
COMPLAINT
1 a. Seetoo’s complaints of harassment and her request to be left alone to do her
2 job, made to a Sheriff’s Office executive on or around October 3, 2019;
3 b. Seetoo’s complaint to Commander Bolin made verbally by telephone on or
4 around October 17, 2019;
5 c. Seetoo’s written explanation of the harassing conduct in an e-mail to Bolin on
6 or around October 18, 2019;
7 d. Seetoo’s verbal complaint to LHS Captain Vander Horck on or around
8 October 29, 2019, which Seetoo is informed and believes, Vander Horck
9 passed onto the Policy of Equity Unit.
10 111. Seetoo is informed, believes, and based thereon alleges that Defendant LASD
11 took adverse employment actions against Seetoo in retaliation for her opposition to the
12 harassing and discriminatory conduct. These adverse actions include, but are not limited
13 to:
14 a. Removing Seetoo as Operations Lieutenant on or around October 16, 2019;
15 b. Directing Seetoo to attend no meetings and “sit in the watch commander
16 chair” 40 hours a week, which would impact her ability to perform her job;
17 c. Removing Seetoo as Malibu Liaison on or about October 17, 2019;
18 d. Transferring Seetoo to West Hollywood for false and fabricated reasons,
19 requiring her to make a three-hour commute each working day; and
20 e. Denying Seetoo the opportunity to work overtime hours at LHS Station.
21 112. As a direct and proximate result of Defendants’ conduct, Seetoo has suffered
22 general and special damages, including but not limited to past and future wage loss and
23 other employment benefits, in a sum according to proof.
24 113. As a direct and proximate result of the alleged conduct by Defendants County
25 and LASD, Seetoo has suffered, and continues to suffer, extreme and severe emotional and
26 physical distress, including, but not limited to, pain, grief, shame, humiliation,
27 embarrassment, anger, disappointment, depression, sleeplessness, anxiety, damage to
28 reputation, and worry, all to her damage in a sum according to proof.
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COMPLAINT
1 FOURTH CAUSE OF ACTION
2 (Failure to Prevent Discrimination and Harassment in Violation of the
3 Fair Employment and Housing Act, Cal. Gov. Code § 12940(k))
4 Against Defendants County and LASD and Does 1-14)
5 114. Plaintiff incorporates by reference as if fully set forth here the allegations of
6 Paragraphs 1 through 113.
7 115. Seetoo is informed, believes, and based thereon alleges that at all times
8 relevant herein, Defendants County and LASD were “employers” within the meaning of
9 California Government Code section 12926(d).
10 116. Seetoo is informed, believes, and based thereon alleges that at all times
11 relevant herein, she was an employee of Defendants within the meaning of the California
12 Fair Employment and Housing Act (“FEHA”), Cal. Gov. Code § 12926 et seq.
13 117. In failing to prevent the conduct alleged above, Defendants County and LASD
14 failed to prevent discrimination and harassment on the basis of gender in violation of
15 California Government Code section 12940(k).
16 118. As a direct and proximate result of Defendants’ conduct, Seetoo has suffered
17 general and special damages, including but not limited to past and future wage loss and
18 other employment benefits, in a sum according to proof.
19 119. As a direct and proximate result of the alleged conduct by Defendants County
20 and LASD, Seetoo has suffered, and continues to suffer, extreme and severe emotional and
21 physical distress, including, but not limited to, pain, grief, shame, humiliation,
22 embarrassment, anger, disappointment, depression, sleeplessness, anxiety, damage to
23 reputation, and worry, all to her damage in a sum according to proof.
24
25 PRAYER FOR RELIEF
26 Plaintiff prays for judgment as follows:
27 1. On the First Cause of Action against Defendants County, LASD, and Does 1-
28 14 for Discrimination in Violation of the Fair Employment and Housing Act as follows:
30
COMPLAINT
1 a. For an order that the Defendants cease and desist their discriminatory conduct
2 against Plaintiff;
3 b. For general damages according to proof;
4 c. For special damages according to proof; and
5 d. For attorneys’ fees and costs.
6 2. On the Second Cause of Action against Defendants County, LASD, and Does
7 13-20 for Harassment in Violation of the Fair Employment and Housing Act as follows:
8 a. For an order that the Defendants cease and desist their harassing conduct
9 against Plaintiff;
10 b. For general damages according to proof;
11 c. For special damages according to proof; and
12 d. For attorneys’ fees and costs.
13 3. On the Third Cause of Action against Defendants County, LASD, and Does 1-
14 14 for Retaliation in Violation of the Fair Employment and Housing Act as follows:
15 a. For an order that the Defendants cease and desist their retaliatory conduct
16 against Plaintiff;
17 b. For general damages according to proof;
18 c. For special damages according to proof; and
19 d. For attorneys’ fees and costs.
20 4. On the Fourth Cause of Action against Defendants County, LASD, and Does
21 1-14 for Failure to Prevent Discrimination and Harassment in Violation of the Fair
22 Employment and Housing Act as follows:
23 a. For general damages according to proof;
24 b. For special damages according to proof; and
25 c. For attorneys’ fees and costs.
26 5. For pre-judgment interest;
27 ///
28 ///
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COMPLAINT
1 6. For attorneys’ fees and costs to the maximum extent permitted by law.
2 7. For such other and further relief that the Court deems just and proper.
3
4 Dated: January 27, 2020 COHEN WILLIAMS LLP
5
6
By: __________________________________
7
Kathleen M. Erskine
8 Attorneys for Plaintiff,
JENNIFER SEETOO
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COMPLAINT
1 DEMAND FOR JURY TRIAL
2 Plaintiff Jennifer Seetoo hereby demands a jury trial on all claims to which a jury
3 trial is available as a matter of right.
4
5 Dated: January 27, 2020 COHEN WILLIAMS LLP
6
7
By:_________________________________
8
Kathleen M. Erskine
9 Attorneys for Plaintiff,
JENNIFER SEETOO
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COMPLAINT