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I' ORIAEDCOPY
~~G'NAL F'L~~rt
LeOS Angeles Superior
1 Michael B. Eisenberg, Esq. #178308
EISENBERG & ASSOCIATES
2 3580 Wilshire Blvd, Suite 1260 OC1 17 2013
3

4
Los Angeles, California 90010
Telephone:
Facsimile:
Website:
(213) 201-9331
(213) 382-4083
www.1aborlitigators.com BY
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John A. C\li I W , ;
.
Vlomcer/C\erk
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... DepUtY

5 Carney R. Shegerian, Esq. #150461

SHEGERIAN & ASSOCIATES, INC.

6 225 Arizona Avenue, Suite 400

Santa Monica, California 90401

7 Telephone: (310) 860-0770

Facsimile: (310) 860-0771

8 Website: www.shegerianlaw.com

9 Attorneys for Plaintiff,

FRANCINE GODOY

10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 FOR THE COUNTY OF LOS ANGELES, UNLIMITED JURISDICTION
13
FRANCINE GODOY, ) Case No.
Verified c-o-m-p-la-in-t-£--;o~~&"-a~a~e~a6d4
14 )
Plaintiff, ) 0
15 ) Demand for Jury Trial
vs. )
16 ) 1. Sexual Harassment
CITY OF LOS ANGELES; JOSE HUIZAR; ) 2. Retaliation in Violation of the Fair
17 and DOES 1-100, inclusive, ) Enlployment and Housing Act
)
18 Defendants. ) Over $25,000.00
19
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20 Plaintiff complains and alleges as follows:

)

21 1. At all times herein mentioned, Plaintiff was a resident of the County of Los Angeles, State of
22 California.
23 2. At all times herein mentioned, Defendant, CITY OF LOS ANGELES (hereinafter "CITY") is
24 a public entity and was Plaintiffs employer.
25 3. At all times herein mentioned, Defendant, JOSE HUIZAR (hereinafter "HUIZAR") was and
26 is a resident living in the County of Los Angeles in the State of California and at all times
27 herein mentioned was plaintiffs supervisor.
28 1.
Verified Complaint for Damages and Demand for Jury Trial
 1 4. Plaintiff is ignorant of the true names and capacities, whether individual, corporate, or
2 associate, of those Defendants fictitiously sued as DOES 1 through 100 inclusive and so the
3 Plaintiff sues them by these fictitious names. The Plaintiff is informed and believes that each
4 of the DOE Defendants reside in the State of California and are in some manner responsible
5 for the conduct alleged herein. Upon discovering the true names and capacities of these
6 fictitiously named Defendants, the Plaintiff will amend this complaint to show the true names
7 and capacities of these fictitiously named Defendants.
8 5. Plaintiff was hired by CITY in 2006. During the course of her employment, she attained the
9 title of Deputy Chief of Staff. During the course of her employnlent, Plaintiff worked under
10 HUIZAR in the offices next to HUIZAR's office.
11 6. During the course of her employment under HUIZAR, Plaintiff was subjected to regular
12 physical and verbal sexual harassment, including propositions for sexual favors.
13. 7. HUIZAR's sexual harassment was severe and pervasive in Plaintiff s working environment.
14 8. As detailed in the example below, HUIZAR explicitly conditioned Plaintiff s enlploynlent
15 benefits on sexual favors and when Plaintiff refused HUIZAR's sexual advances and opposed
16 HUIZAR's sexual harassnlent, HUIZAR began a campaign of retaliation against Plaintiff.
17 9. The instances of HUIZAR's sexual harassment and retaliation against Plaintiff are too
18 numerous to articulate, however the following paragraphs describe only one series of events
19 in his campaign of sexu~l harassment and retaliation.
20 10. In or about October 2012, HUIZAR suggested that Plaintiff run for a position on the
21 Commmlity College Board of Trustees (hereinafter "CCBT").
22 1l. In October 2012, Plaintiff worked full time in HUIZAR's City Hall office.
23 12. At some point in 2012, HUIZAR told influential people to support Plaintiff in her campaign
24 for the CCBT.

25 13. On or about October 8, 2012 (Columbus Day), HUIZAR called Plaintiff after hours and told
26 her to come to his office at City HalL
27 14. On or about October 8, 2012, Plaintiff arrived at HUIZAR's office after 8:00 p.nl.
28
2.

Verified COlnplaint for Damages and Demand for Jury Trial

 1 15. On or about October 8, 2012, after Plaintiff arrived at I-IUIZAR's office at City Hall,
2 HUIZAR told Plaintiff that if she wanted his continued support in her campaign for the
3 CCBT, she would have to have sex with him.
4 16. On or about October 8, 2012, after HUIZl\R conditioned his support on her having sex with
5 him, Plaintiff refused his sexual advances.
6 17. On or about October 8, 2012, after Plaintiff refused HUIZAR's sexual advances, HUIZAR
7 got angry and started yelling and cursing at Plaintiff.
8 18. On or about October 8, 2012, after Plaintiff refused HUIZAR's sexual advances, HUIZAR
9 went into Plaintiffs office and started opening her drawers, taking her belongings, grabbing
10 her files and taking her things into his office.
11 19. On or about October 8, 2012, while HUIZAR was taking things out of Plaintiff s office,
12 Plaintiff left the office at City Hall.
13 20. On November 2, 2012, Plaintiff was scheduled to have her endorsement meeting with the
14 Faculty Guild.
15 21. At some point prior to October 8, 2012, HUIZAR indicated to Plaintiff that with his
16 endorsement, Plaintiff would be the Faculty Guild's candidate.
17 22. Once Plaintiff would be the Faculty Guild's candidate; she could then run for t~e position on
18 the CCBT.
19 23. On November 1,2012, after 10:00 p.m., HUIZAR contacted Plaintiff by cell phone.
20 24. On November 1,2012, after 10:00 p.m., HUIZAR told Plaintiff that his car was parked down
21 the street from her home and she should come meet him.
22 On November 1,2012, after being contacted by HUIZAR, Plaintiff left her home and went
23 into HUIZAR's car.
24 26. On November 1,2012 after 10:00 p.m., while Plaintiff was in HlTIZAR's car, HUIZAR told
25 Plaintiff that he doesn't feel "close" to her.
26 27. On November 1,2012 after 10:00 p.m., while Plaintiff was in HUIZAR's car, HUIZAR told
27 Plaintiff that the campaign process was "difficult."
28 3.

V erified Complaint for Damages and Demand for Jury Trial

 28. On November 1,2012 after 10:00 p.m., while Plaintiffwas in HUIZAR's car, HUIZAR told
2 Plaintiff that they needed to be "closer" for him to support Plaintiff through the campaign
3 process.

4 29. On November 1,2012, while Plaintiff was in HUIZAR's car, Plaintiff understood that these
5 were sexual advances.
6 30. On November 1,2012, while Plaintiff was in HUIZAR's car, she refused HUIZAR's sexual
7 advances.
8 3l. On November 1,2012, while Plaintiff was in HUIZAR's car and after she refused his sexual
9 advances, HUIZAR told Plaintiff that he was going to "cancel" Plaintiff s endorsement
10 meeting scheduled for the next morning.
11 On November 1, 2012, after HUIZAR said he would cancel the endorsement meeting,
12 Plaintiff left HUIZAR's car and returned home.
13 33. HUIZAR called Plaintiff many times between the evening of November 1,2012 and the
14 morning of November 2, 2012.
15 34. Plaintiff did not respond to HlJIZAR's calls between the evening of November 1,2012 and
16 the morning of November 2012.
17 35. HUIZAR even called Plaintiffs mother and asked if she knew where he could find Plaintiff.
18 36. On November 2,2013, at approximately 8:30 a.m., Plaintiff showed up to the endorsement
19 meeting with the Faculty Guild.
20 37. When Plaintiff entered the meeting with the Faculty Guild, the members of the Faculty Guild
21 looked surprised to see Plaintiff. Plaintiff was asked to leave the room and she did.
22 38. Shortly thereafter, Plaintiffwas told that the Faculty Guild was surprised that Plaintiff
23 showed up because HUIZAR had contacted them indicating that he was pulling his support
24 of Plaintiff since, as HUIZAR claimed, Ms. Godoy has an ill brother that needed her care and
25 that Ms. Godoy was not capable of running for the position on the CCBT.
26
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28 4:
Verified Complaint for Damages and Demand for Jury Trial
 1 39. Plaintiff is informed, believes and thereupon alleges that at some point prior to the November
2 2,2012 Faculty Guild meeting, HUIZAR communicated to at least one person that he was
3 pulling his support of Ms. Godoy running for a position on the CCBT.
4 40. Plaintiff is informed, believes and thereupon alleges that at some point prior to the November
5 2,2012 Faculty Guild meeting, HUIZAR communicated to at least one person that Ms.
6 Godoy has an ill brother that needed her care and that Ms. Godoy was not capable of rum1ing
7 for a position on the CCBT.
8 41. After the November 2, 2012 Faculty Guild meeting, HUIZAR removed some of Plaintiffs
9 job duties.
0 42. In late December 2012 and/or early January 2013, Plaintiff was told that she should no longer
11 show up at the office and should instead work from home.
12 43. After Plaintiff was told to work from home, her assignments and duties were cut significantly
13 but she was still receiving her full salary.
14 44. Plaintiff would sit at home much of her time with no work to perform since she was being
15 retaliated against by HUIZAR due to her refusal to have sex with him.
16 45. As a result of HUIZAR's sexual harassment and retaliation, ignoring, removing duties and
17 assignments, and being banned from entry into the office, Plaintiff was forced to quit her
18 position of Deputy Chief of Staff and took a position with the Department of Sanitation.

19 46. All of the foregoing and following actions taken towards the Plaintiff that are alleged in this
20 complaint were carried out by HUIZAR, who was acting in a deliberate, cold, callous,

21 malicious, oppressive, and intentional manner in order to injure and damage Plaintiff.
22 47. As a result of being subjected to sexual harassment and retaliation, Plaintiff suffered
23 emotional injuries. Further, as a result of all of the foregoing and following actions taken
24 towards Plaintiff as alleged herein, Plaintiff has incurred loss of earnings and benefits in an
25 amount not yet ascertained.
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28 5.
Verified Complaint for Damages and Demand for Jury Trial
 1 First Cause of Action

2 SEXUAL HARASSMENT

3 (As against all Defendants)

4 48. Plaintiff realleges the information set forth in Paragraphs 1-47 and incorporates these

5 paragraphs into this cause of action as if they were fully alleged herein.

6 49. This cause of action is based upon California statutes prohibiting sexual harassment in the

7 workplace including, but not limited to California Government Code §12940, et seq.

8 50. The Plaintiff has exhausted her administrative remedies under the California Fair

9 Employment and Housing Act and was issued a Notice of Case Closure - Right to Sue

10 against defendants.

11 5l. Plaintiff is informed, believes, and alleges that at all times Plaintiff was employed by CITY,

12 HUIZAR did the affirmative acts as described in the general allegations herein that

13 constituted sexual harassment. Defendants kn')wingly and intentionally engaged in said

14 unwelcome discrinlinatory and sexually harassing conduct towards Plaintiff.

15 52. As a direct, foreseeable, and proximate result of the conduct of defendants, Plaintiff has

16 suffered, and continues to suffer emotional distress, losses in salary, bonuses, job benefits,

17 and other employment benefits which she would have received from Defendants, plus

18 expenses incurred in obtaining substitute employment and not being regularly employed all to

19 her danlage in a sunl within the jurisdiction of this court, to be ascertained according to proof.

20 53. The grossly outrageous, reckless, oppressive, intentional, malicious and bad faith manner in

21 which HUIZAR engaged in those acts as described in this cause of action entitled Plaintiff to

22 an award of punitive dalnages against HUIZAR, in an amount within the jurisdiction of this

23 court, to be ascertained by the fact finder, that is sufficiently high to punish HUIZAR, deter

24 him from engaging in such conduct again, and to make an example of him to others.

25 54. The Plaintiff also requests costs and attorney f~es, as allowed by FEHA for the Plaintiffs

26 prosecution of this action in reference to the FEHA code violations described herein.

27
28 6.

Verified Complaint for Damages and Demand for Jury Trial

 1 Second Cause of Action

2 RETALIATION IN VIOLATION OF THE FAIR EMPLOYMENT AND HOUSING ACT

3 (As against CITY and DOES 1-50)

4 55. Plaintiff realleges the information set forth in Paragraphs 1-54 as though fully set forth and

5 alleged herein.

6 56. This cause of action is based upon California Government Code Section 12940, et seq. which

7 prohibits retaliation against an employee for opposing any practice forbidden by the Fair

8 Employment and Housing Act or for complaining about or protesting sexual harassment.

9 57. Plaintiff exhausted her administrative Temedies under the California Fair Employment and

10 Housing Act and the Department of Fair Housing and Employment has issued the Notice of

11 Case Closure/Right-to-Sue Letter with respect to said defendants.

12 58. Defendants violated Calif. Gov. Code §12940, et seq. by retaliating against Plaintiff because

13 she opposed, complained about and protested Defendant's sexual harassment.

14 59. As a direct, foreseeable, and proximate result of the conduct of Defendants, Plaintiff has

15 suffered, and continues to suffer emotional distress, losses in salary, bonuses, job benefits,

16 and other en1ployn1ent benefits which she would have received from Defendant, plus

17 expenses incurred in obtaining substitute employment and not being regularly employed all to

18 her damage in a sum within the jurisdiction of this court, to be ascertained according to proof.

19 60. The grossly outrageous, reckless, oppressive, intentional, malicious and bad faith manner in

20 which HlJIZAR engaged in those acts as described in this cause of action entitled Plaintiff to

21 an award of punitive damages against HUIZAR, in an amount within the jurisdiction of this

22 court, to be ascertained by the fact finder, that is sufficiently high to punish HUIZAR, deter

23 him from engaging in such conduct again, and to make an example of him to others.

24 61. The Plaintiff also requests costs and attorney fees, as allowed by FEHA forthe Plaintiffs

25 prosecution of this action in reference to the FEHA code violations described herein.

26 62. Plaintiff demands a jury trial and the amount in controversy exceeds $25,000.

27
28 7.

Verified Complaint for Damages and Demand for Jury Trial

 1 Plaintiff respectfully requests the following relief:

2 1. For special damages in an amount according to proof for Plaintiffs loss of past and

3 future earnings, loss ofjob security and all damages flowing therefrom;

4 2. For all general and special damages to compensate Plaintiff for any injuries, medical

5 expenses, suffering and related damages;

6 3. As only against Defendant Jose Huizar and DOES 50-100, for punitive damages, as

7 allowed by law, that will punish, make an example of, and deter future conduct by

8 HUIZAR;

9 4. For all interest as allowed by law;

10 5. For all costs and disbursements incurred in this suit;

11 6. For attorneys' fees;

12 7. For such other and further relief as the Court deems just and proper.

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14 DATED: October 15,2013

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Verified Complaint for Damages and Demand for Jury Trial

 1 VERlFICATION
2
I, the undersigned, declare:
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I am a Plaintiff in the above-captioned matter and I am familiar with the contents of the
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foregoing document entitled Verified Complaint for Damages and Demand for Jury Trial.
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The information supplied therein is based on my own personal knowledge and/or has been
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supplied by my attorneys or other agents. The information contained in the foregoing document is
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true, except as to the matters which are therein st~ted on information or belief, and, as to those
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matters, I am informed and believe that they are true.
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I declare under penalty of perjury, pursuant to the laws of the State of California, that the
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foregoing is true and correct. Executed on October 15,2013, at Los Angeles, California.
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