Electronically FILED by Superior Court of California, County of Los Angeles on 07/08/2020 11:16 AM Sherri R.

Carter, Executive Officer/Clerk of Court, by H. Flores-Hernandez,Deputy Clerk

20STCV25585
Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Mel Red Recana

1 Toni J. Jaramilla, Esq. [State Bar No. 174625]

May Mallari, Esq. [State Bar No. 207167]
2 TONI J. JARAMILLA, A Professional Law Corp.
1900 Avenue of the Stars, Suite 900
3 Los Angeles, California 90o067
Telephone: (310) 551-3020
4 Emails: toni@tjjlaw.com; may@tjjlaw.com

5 Attorneys for Plaintiff,

CANDACE NEWMAN
6

7 SUPERIOR COURT OF THE STATE OF CALIFORNIA

8 FOR THE COUNTY OF LOS ANGELES

10 CANDACE NEWMAN, an individual; Case No.:

11 Plaintiff, COMPLAINT

12 v. 1. Race Discrimination in Violation of the

Fair Employment and Housing Act (Gov.
13 LIVE NATION ENTERTAINMENT, INC., a Code § 12940 et seq.)
corporation; and DOES 1 through 10, inclusive,
14 2. Gender Discrimination in Violation of the
Defendants.
15 Fair Employment and Housing Act (Gov.
Code §12940(j))
16
3. Retaliation for Opposing Discrimination
17 (Gov. Code § 12940 et seq.)
18 4. Failure to Prevent Discrimination in
19 Violation of the Fair Employment and
Housing Act (Gov. Code § 12940(k))
20
5. Wrongful Termination in Violation of the
21 Fair Employment and Housing Act (Gov.
Code § 12940 et seq.)
22

23 6. Unpaid Overtime (Cal. Labor Codes §§

510, 1194)
24
7. Penalties Pursuant to Cal. Labor Code §
25 203

26 8. Inaccurate Paystubs (Cal. Labor Code §

226(a))
27
9. Violation of Bus. & Prof. Code § 17200 et.
28
Seq.

COMPLAINT
 10. Equal Pay Violation (Cal. Labor Code §
1
1197.5)
2
DEMAND FOR JURY TRIAL
3

4
INTRODUCTION
5
1. Black Lives Matter. This case epitomizes the issue at the heart of the Black Lives Matter
6
movement- systemic racism. Live Nation Entertainment, Inc. (“Live Nation”) is a touring company that
7
represents over 2,000 artists globally. In the aftermath of the George Floyd murder, Live Nation made
8
a public statement of supposed solidarity with the Black community and committing to do its part to
9
fight racism. Over half of the Live Nation artists are Black. Live Nation touts itself to be the “world’s
10
leading live entertainment company bringing 40,000 shows and 100+ festivals to life and selling 500
11
million tickets per year made possible by its 44,000 employees worldwide. It is a multi-billion-dollar
12
industry. Contradicting Live Nation’s public statements, to this day, Live Nation continues to
13
perpetuate race and gender inequalities in hiring, pay and promotion. It fosters a toxic work
14
environment of harassment, discrimination, and retaliating against employees, like Plaintiff, who
15
complain about a lack of diversity and race discrimination in the workplace.
16
2. Plaintiff, Candace Newman, is a hard-working single mother who is 38 years old. She is African
17
American. Up until her recent termination, for the past 11 years, Ms. Newman worked in the Touring
18
Division at Live Nation, holding the position of Tour Director for the North America region. In these
19
11 years, Ms. Newman has booked tours for world renowned artists, including the Backstreet Boys,
20
Santana, David Blaine, and Toni Braxton. Ms. Newman brought Toni Braxton to Live Nation as a
21
client. Ms. Braxton remains a client to this day. In her position as both Project Manager and Tour
22
Director, Ms. Newman booked venues, which is some instances, generated income of upwards of
23
$100,000,000. Ms. Newman dedicated long hours at work and was invested 100% into her job. Yet,
24
her efforts and hard work did not pay off as it should, and she was continually undervalued and
25
undercompensated at Live Nation. Ms. Newman was further scrutinized and criticized far more harshly
26
than her non-Black and/or male peers. When she finally reached a point where she could no longer
27
tolerate this unfair treatment, Ms. Newman made a formal complaint of discrimination and retained
28
1
COMPLAINT
 1 counsel to protect her rights. In a blatant and malicious act of retaliation, Live Nation turned the
2 investigation on her alleging that she had created the “hostile work environment.” Live Nation
3 terminated her employment under the guise of a “furlough” due to Covid-19.
4 3. Ms. Newman now brings this action to recover both compensatory and punitive damages for
5 unlawful racial and gender discrimination and retaliation. She also seeks unpaid wages and overtime
6 for her misclassification as an exempt employee. She further seeks injunctive relief to help eradicate the
7 discriminatory practices at Live Nation.
8 PARTIES
9 4. Plaintiff Candace Newman is a 38-year old Black female, and a resident of Los Angeles
10 County, California.
11 5. Defendant Live Nation Entertainment, Inc., where Ms. Newman formerly worked, is a global
12 touring company with a principal place of business located in Los Angeles County, California.
13 6. Plaintiff is ignorant of the true names and capacities of defendants sued herein as Does 1
14 through 10, inclusive, and therefore sues these defendants by such fictitious names and capacities.
15 Plaintiff will amend this complaint to allege their true identities when ascertained. Plaintiff is informed,
16 believes, and on that basis alleges, that each fictitiously named defendant is responsible in some
17 manner for the acts and failures to act herein alleged, and that Plaintiff’s injuries as herein alleged were
18 legally caused by the conduct of each such defendant. The named and Doe defendants are hereinafter
19 referred to collectively as “Defendants.”
20 7. Plaintiff is informed and believes and thereupon alleges that, at all times material herein,
21 Defendants were the agent or employee of, and was acting within the course and scope of such agency,
22 employment and/or concerted activity. Plaintiff alleges that to the extent certain acts and omissions
23 were perpetrated by certain defendants, the remaining defendant or defendants confirmed and ratified
24 said acts and omissions.
25 8. Whenever and wherever reference is made in this Complaint to any act or failure to act by
26 Defendants, such allegations and references shall also be deemed to mean the acts and failures to act of
27 each defendant acting individually, jointly, and severally.
28
2
COMPLAINT
 FACTUAL ALLEGATIONS
1

2 9. Ms. Newman began her employment with Live Nation in 2009, initially as an Executive

3 Assistant. After 10 years of employment, she was able to eventually gain the long overdue title of

4 Director, US Concerts & Touring (“Tour Director”), the position she held at the time of her
5 termination.
6
10. Despite performing her job successfully and receiving positive performance evaluations and
7
feedback from her managers and peers alike, Live Nation did not value Ms. Newman as an employee.
8
She was continually denied opportunities to succeed and was treated disparately in comparison to her
9

10 non-Black and/or male counterparts.

11 11. One example of the disparate treatment occurred when Ms. Newman took the initiative to

12 establish Live Nation’s very first women’s diversity group. In or around 2015, Ms. Newman created
13
Live Nation’s very first women employee resource group, appropriately named Empower Network.
14
Within 2 months of its inception, Ms. Newman was able to recruit a committee of 6 employees to
15
oversee this diversity group - of which 2 were Black female employees. Out of the 7 committee
16
members, 3 were Black females, including Ms. Newman. The group inspired nearly 300 Live Nation
17

18 and Ticketmaster employees to join as members. In its first few months, Empower Network, led by Ms.

19 Newman, successfully hosted two well-attended events that showcased high-level female executives
20 who spoke about their integral roles with the company. After these events, Ms. Newman received
21
emails from employees letting her know how they admired her efforts in creating an initiative to
22
collaborate and promote professional development within the diverse community at Live Nation.
23
Shockingly, after volunteering countless hours and devoting tireless efforts in building up this diversity
24

25 group, Ms. Newman was instructed by Linda Gross, SVP of Administration to halt all Empower

26 Network activities and events and to immediately dismantle the group. Ms. Gross, a Caucasian

27 employee, stated that “there should only be VP’s and above running all the resource groups” and
28 proceeded to lend her support to another women’s resource group that was created called “Women
3
COMPLAINT
 Nation.” Neither Ms. Newman nor any of the original 6 committee members were invited to be
1

2 involved with the new group. In commenting that only “VPs and above” should be running these

3 resource groups, Ms. Gross failed to acknowledge the lack of representation of employees of color in
4 those positions. Moreover, while Women Nation highlighted the achievements of professional
5
Caucasian women of various backgrounds and industries, sadly, the only Black female professionals
6
showcased by this “diversity” group were Oprah Winfrey and Michelle Obama. While Oprah Winfrey
7
and Michelle Obama are publicly two of the most famous and well-known Black women around the
8

9 world, they are certainly not the only two whose achievements are noteworthy of praise and

10 recognition.

11 12. Subsequently, in May 2016, Ms. Newman unjustifiably received a performance counseling
12 memo that asserted various deficiencies in her performance. This write-up was issued by two Senior
13
Directors, both male Caucasian employees and Ms. Newman’s immediate supervisors. Ms. Newman
14
was the only Black person working in the touring division at the time. The memo was titled
15
“Performance below standard.” Notably, despite a multi-page memo outlining numerous performance
16

17 deficiencies serious enough to warrant the possibility of termination, not a single one of these issues

18 had been brought to Ms. Newman’s attention prior to issuing this write-up and threatening to terminate

19 her employment. Moreover, both of these employees had less experience and seniority than Ms.
20
Newman, yet had bypassed her on the promotional track, and now held positions of authority over her.
21
13. Shortly after, Ms. Newman sought a promotion from Project Manager-NA Touring to Tour
22
Director. Despite applying for this promotion, possessing the qualifications for this role, and that this
23
position would have been the next progression in her career path, Ms. Newman was not chosen.
24

25 Significantly, the hiring manager shared a close relationship with one of the male, Caucasian Senior

26 Directors that had previously written Ms. Newman up, and she believed, influenced the decision not to
27 promote her. Ms. Newman was bypassed for this promotion and transferred into a lateral position.
28
14. In 2018, Ms. Newman discovered in the SILO salary breakdown, a variance in her salary
4
COMPLAINT
 compared to other non-Black and/or male employees on her team, which evidenced that she was getting
1

2 paid significantly lower in comparison to other directors on her team. Ms. Newman complained to

3 CEO, Michael Rapino, regarding violation of these Equal Pay violations. In response, her pay was
4 adjusted to align with her peers going forward, although there was no offer to compensate her
5
retroactively, even though she had most likely been unequally paid from the start of her employment. In
6
fact, Ms. Newman learned that most of the directors at her level with the same or substantially similar
7
job duties and responsibilities, but who were Caucasian and/or male, were making at least $100,000 or
8

9 close to that- a difference of $30,000 to $40,000 annually. Stated another way, Ms. Newman was

10 underpaid one-third to forty percent less than her non-Black and/or male peers.

11 15. For over 5 years, Ms. Newman was confined to the Executive Assistant position, even though
12 she has a college degree and entertainment, booking and promoter experience. While her experience
13
surpassed those of her non-Black and/or male colleagues, she observed all of them get promoted within
14
1-2 years from when they started with Live Nation, while she remained in the same “entry-level”
15
position for 5 years. It was only following her persistence and protests that once again, Ms. Newman’s
16

17 role was elevated to align with those of her non-Black and/or male peers.

18 16. In 2019, Live Nation sponsored a Billboard awards event to which Ms. Newman’s Caucasian

19 female colleagues within her division were invited, yet she was excluded.
20
17. In September, 2019, Ms. Newman was issued a “Final Written Warning” (“FWW”) from
21
Human Resources. In the FWW, 2 incidents were cited to support the disciplinary action taken against
22
Ms. Newman. Both incidents occurred in August, 2019. The first incident was actually one that Ms.
23
Newman had brought to the attention of management, involving concerns on the part of Ms. Newman
24

25 towards another co-worker who, at a company-sponsored event, had been drinking and became

26 belligerent towards Ms. Newman. Despite this co-worker being the aggressor and person at the subject
27 of Ms. Newman’s complaint, Live Nation refused to consider any information that supported Ms.
28
Newman’s position, and instead, responded by banning for a year - both Ms. Newman and her co-
5
COMPLAINT
 worker from entering the lounge/bar area in their building where the incident occurred. The second
1

2 incident involved a one-sided complaint from another co-worker who, despite being at Live Nation for

3 just a few months, claimed that Ms. Newman had communicated with her in a manner that made her
4 feel uncomfortable. Again, Ms. Newman attempted to submit her explanation of the incident which, if
5
considered, would have made it apparent that the alleged incident was merely a discussion regarding a
6
recent work event. However, similar to the first incident, Ms. Newman’s explanation was disregarded
7
and dismissed.
8

9 18. After years of being subjected to discriminatory and disparate treatment, and believing she was

10 unfairly threatened with job termination, Ms. Newman proceeded with making a formal complaint of

11 discrimination.
12 19. In or around February, 2020, Ms. Newman submitted her complaint and was informed that it
13
was being investigated.
14
20. Due to Covid-19 and state and local Stay-at-Home orders, in March, 2020, Live Nation
15
employees began working remotely. Ms. Newman was informed shortly thereafter that she would be
16
placed on a paid administrative leave pending Live Nation’s investigation of her complaints. While on
17

18 paid administrative leave, Ms. Newman would not be required to perform any work.

19 21. During the course of Live Nation’s investigation, Ms. Newman was informed that there had

20 been complaints made against her, including allegations that she created a “hostile” work environment
21
and that she was now the subject of an investigation.
22
22. Months passed without any update of both the investigation of Ms. Newman’s complaints as
23
well as the investigation of the complaints against her.
24
23. While in the midst of the Covid-19 pandemic, Ms. Newman was informed that her complaints
25

26 were found to be unsubstantiated, although the company was continuing to investigate the alleged

27 complaints against her.

28 24. At the same time, the death of George Floyd sparked nationwide protests demanding police
6
COMPLAINT
 brutality reform and pushing the Black Lives Movement into the forefront of discussions in American
1

2 homes and businesses.

3 25. Live Nation publicly announced its “commitment to fight for equality,” yet Ms. Newman- one
4 of the few Black females in a leadership position was excluded from roundtables and ongoing
5
discussions regarding the company’s pledge to “drive accountability and change.” While Mr. Rapino
6
invited dialogue on how to “continue to engage and spark consistent action in fighting racism[,]” Ms.
7
Newman was muted from this conversation- and left uninvited.
8

9 26. On June 18, 2020, Ms. Newman was notified that she was being furloughed effective July 1,

10 2020 due to Covid-19. Ms. Newman is aware of other non-Black and/or male employees who had not

11 complained of discrimination, and who were not furloughed and continue to work at Live Nation
12 despite the pandemic.
13
27. During the course of Ms. Newman’s employment, she was misclassified as an exempt employee
14
and therefore, consistently worked extended days without being paid overtime.
15
28. As a result of these unlawful and discriminatory working conditions, and exacerbated by her
16
recent termination, Ms. Newman has suffered extreme emotional distress, including but not limited to,
17

18 insomnia, anxiety, panic attacks, and depression.

19 FIRST CAUSE OF ACTION

20
RACE DISCRIMINATION IN VIOLATION OF THE
21
FAIR EMPLOYMENT AND HOUSING ACT
22
(Gov. Code § 12940 et seq.)
23
(Against All Defendants)
24
29. Plaintiff realleges and incorporates by reference each and every allegation contained
25
in the foregoing paragraphs as though fully set forth herein.
26
30. Defendants’ conduct towards Plaintiff as described in this Complaint constitutes
27
unlawful discrimination on the basis of race. Defendants violated the Fair Employment and Housing
28
7
COMPLAINT
 1 Act as promulgated in Government Code Section 12940 et. seq. and other state and federal statutes
2 which prohibit race discrimination in employment.
3 31. Plaintiff was treated disparately in the terms and conditions of her employment in comparison to
4 other non-Black employees and was subjected to adverse actions based on her race (Black).
5 32. Plaintiff exhausted her administrative remedies by timely filing charges of discrimination with
6 the Department of Fair Employment and Housing which has issued her right to sue letter(s) permitting
7 her to file this lawsuit.
8 33. As a direct and proximate result of Defendants’ acts and failures to act as alleged herein,
9 Plaintiff has suffered and will continue to suffer economic, physical and emotional injuries. Plaintiff is
10 thereby entitled to general and compensatory damages in amounts to be proven at trial.
11 34. In addition, pursuant to Government Code § 12965(b), Plaintiff is entitled to her
12 attorney’s fees in prosecuting this lawsuit.
13 35. The conduct of Defendants, and their agents and employees as described herein, was
14 malicious and/or oppressive, and done with a willful and conscious disregard for Plaintiff’s rights.
15 Defendants, and their agents and employees, authorized, condoned, and ratified the unlawful conduct of
16 each other. Consequently, Plaintiff is entitled to punitive damages against Defendants.
17
SECOND CAUSE OF ACTION
18 GENDER DISCRIMINATION IN VIOLATION OF THE
19 FAIR EMPLOYMENT AND HOUSING ACT
20 (Gov. Code §12940 et seq.)
21 (Against All Defendants)
22 36. Plaintiff realleges and incorporates by reference each and every allegation contained in
23 the foregoing paragraphs as though fully set forth herein.
24 37. Defendants’ actions as described in this Complaint, were motivated by Plaintiff’s gender
25 (female), which constitutes unlawful discrimination.
26 38. Defendants violated the Fair Employment and Housing Act as promulgated in Government
27 Code § 12940 et seq.
28 39. Plaintiff exhausted her administrative remedies by timely filing charges of discrimination with
8
COMPLAINT
 1 the Department of Fair Employment and Housing which has issued her right to sue letter(s) permitting
2 her to file this lawsuit.
3 40. As a direct and proximate result of Defendants’ acts and failures to act as alleged herein,
4 Plaintiff has suffered and will continue to suffer economic, physical and emotional injuries. Plaintiff is
5 thereby entitled to general and compensatory damages in amounts to be proven at trial.
6 41. In addition, pursuant to Government Code § 12965(b), Plaintiff is entitled to her
7 attorney’s fees in prosecuting this lawsuit.
8 42. The conduct of Defendants, and their agents and employees as described herein, was
9 malicious and/or oppressive, and done with a willful and conscious disregard for Plaintiff’s rights, and
10 their agents and employees, authorized, condoned and ratified the unlawful conduct of each other.
11 Consequently, Newman is entitled to punitive damages against Defendants.
12 THIRD CAUSE OF ACTION
13 RETALIATION IN VIOLATION OF THE FAIR EMPLOYMENT AND HOUSING ACT
14 (Government Code § 12940(h))
15 (Against All Defendants)
16 43. Plaintiff realleges and incorporates by reference each and every allegation contained in
17 the foregoing paragraphs as though fully set forth herein.
18 44. Plaintiff engaged in conduct protected under the Fair Employment and Housing Act,
19 including reporting the harassing and discriminatory conduct.
20 45. Defendants retaliated against Plaintiff by taking adverse employment actions against her as a
21 result of her protests and complaints.
22 46. As a direct and proximate result of Defendants’ acts and failures to act as alleged herein,
23 Plaintiff has suffered and will continue to suffer economic, physical and emotional injuries. Plaintiff is
24 thereby entitled to general and compensatory damages in amounts to be proven at trial.
25 47. In addition, pursuant to Government Code § 12965(b), Plaintiff is entitled to her
26 attorney’s fees in prosecuting this lawsuit.
27 48. The conduct of Defendants, and their agents and employees as described herein, was
28 malicious and/or oppressive, and done with a willful and conscious disregard for Plaintiff’s rights.
9
COMPLAINT
 1 Defendants, and their agents and employees, authorized, condoned and ratified the unlawful conduct of
2 each other. Consequently, Plaintiff is entitled to punitive damages against Defendants.
3
FOURTH CAUSE OF ACTION
4
FAILURE TO PREVENT HARASSMENT, DISCRIMINATION AND RETALIATION
5
IN VIOLATION OF THE FAIR EMPLOYMENT AND HOUSING ACT
6
(Gov. Code § 12940(k))
7
(Against All Defendants)
8
49. Plaintiff realleges and incorporates by reference each and every allegation contained in the
9
foregoing paragraphs as though fully set forth herein.
10
50. In perpetrating the above-described conduct, Defendants and their agents and employees
11
failed to take reasonable steps necessary to prevent such discrimination, and retaliation from occurring.
12
In violation of Government Code § 12940(k), these acts and failures to act include but are not limited to
13
the following:
14
a. Defendants had no or ineffective and unenforced policies, practices, and
15
procedures regarding Defendants’ obligations to refrain from discrimination;
16
b. Defendants had no or ineffective and unenforced policies, practices, and
17
procedures regarding Defendants’ obligations to prevent retaliation against
18
employees who complained of harassment;
19
c. Defendants failed to take any or took ineffective and inappropriate action to
20
investigate Plaintiff’s complaints of discrimination; and
21
d. Defendants failed to take any or took ineffective and inappropriate action to
22
ensure that Plaintiff was not being retaliated against for complaining of
23
discrimination.
24
51. Defendants’ failure to take reasonable steps to prevent discrimination and retaliation created and
25
encouraged an environment where such discrimination and retaliation was condoned, encouraged,
26
tolerated, sanctioned, and/or ratified.
27
52. Defendants failed to provide any and/or adequate training, education, and/or information to
28
10
COMPLAINT
 1 their personnel, and most particularly to management and supervisory personnel, regarding
2 discrimination and retaliation policies and procedures.
3 53. As a direct and proximate result of Defendants’ acts and failures to act as alleged herein,
4 Plaintiff has suffered and will continue to suffer economic, physical and emotional injuries. Plaintiff is
5 thereby entitled to general and compensatory damages in amounts to be proven at trial.
6 54. In addition, pursuant to Government Code § 12965(b), Plaintiff is entitled to her
7 attorney’s fees in prosecuting this lawsuit.
8 55. The conduct of Defendants, and their agents and employees as described herein, was
9 malicious and/or oppressive, and done with a willful and conscious disregard for Plaintiff’s rights.
10 Defendants, and their agents and employees, authorized, condoned and ratified the unlawful conduct of
11 each other. Consequently, Plaintiff is entitled to punitive damages against Defendants.
12
FIFTH CAUSE OF ACTION
13

14 WRONGFUL TERMINATION IN VIOLATION OF

15 THE FAIR EMPLOYMENT AND HOUSING ACT

16 (Gov. Code § 12940 et seq.)
17
(Against All Defendants)
18

19 56. Plaintiff realleges and incorporates by reference each and every allegation contained

20 in the foregoing paragraphs as though fully set forth herein.

21 57. As an act of further discrimination and in retaliation for Plaintiff protesting Defendants’
22
unlawful conduct, Plaintiff was terminated.
23
58. Defendants’ termination of Plaintiff violates the Fair Employment and Housing Act as set forth
24
in Government Code §12940 et seq. which mandates that employees be free from discrimination in the
25
workplace and that employees who invoke such rights and oppose such conduct be free from
26
27 retaliation, intimidation and adverse employment actions.

28 59. Plaintiff has exhausted her administrative remedies by timely filing charges with the
11
COMPLAINT
 Department of Fair Employment and Housing (DFEH), which has issued to Plaintiff her right to sue
1

2 letter permitting her to file this lawsuit against Defendants.

3 60. As a direct and proximate result of Defendant’s discrimination, Plaintiff has suffered
4 and will continue to suffer damages in an amount within the jurisdiction of this court, the exact amount
5
to be proven at trial. Such damages include:
6
a. loss of salary and other valuable employment benefits;
7
b. prejudgment interest and interest on the sum of damages at the legal rate; and
8

9 c. other consequential damages, including damages for shame, humiliation, mental anguish

10 and emotional distress caused by the conduct of Defendants.

11 61. In addition, pursuant to Government Code § 12965(b), Plaintiff is entitled to her attorney’s fees
12 in prosecuting this lawsuit.
13 62. Further, because the retaliatory acts were committed by Defendants, including officers, directors
14
and/or managing agents of the Defendants, who acted with malice, oppression or fraud, or were
15
deliberate, willful and acted in conscious disregard of the probability of causing injury to Plaintiff, she
16
seeks punitive damages against Defendants in order to deter them from such conduct in the future.
17

18 SIXTH CAUSE OF ACTION

19 UNPAID OVERTIME WAGES

20 {Cal. Labor Codes § 510 and § 1194)

21
(Against All Defendants)
22
63. Plaintiff realleges and incorporates all previous paragraphs above as though fully set forth
23
herein.
24
64. Sections 510 and 1194 of the California Labor Codes requires an employer to pay their non-
25

26 exempt employees at an hourly rate of time and a half of their normal hourly rate for any hours worked

27 in excess of 8 and up to12 in a day, and for hours worked in excess of 40 hours in a work week.

28
12
COMPLAINT
 Furthermore, this section states that an employer must pay any employee who works an excess of 12
1

2 hours in a day at double the employee’s regular hourly rate for those hours worked in excess of 12.

3 67. During the relevant statutory time period of her employment, Plaintiff regularly worked
4 extended hours (at times, between 15-19 hour work days), but was not paid overtime wages for these
5
hours.
6
68. As a result of Defendants’ failure to pay Plaintiff earned overtime wages, Defendants owe
7
Plaintiff compensation at both time and-a-half and double time rates, the exact amount to be determined
8

9 according to proof.

10 69. In addition, Plaintiff is entitled by statute to recover reasonable attorneys’ fees, costs of suit,

11 and interest on the unpaid amounts pursuant to Cal. Labor Code sections 218.5 and 1194.
12 SEVENTH CAUSE OF ACTION
13
PENALTIES PURSUANT TO CAL. LABOR CODE § 203
14
(Against All Defendants)
15
70. Plaintiff realleges and incorporates all previous paragraphs above as though fully set forth
16
herein.
17
71. Plaintiff is no longer employed by Defendants.
18
72. Defendants failed to pay Plaintiff sums certain at the time of termination or within seventy-two
19
(72) hours of resignation.
20
73. Defendants’ failure to pay wages, as alleged above, was willful in that Defendants knew wages
21
to be due but failed to pay them; this violation entitles Plaintiff to penalties under Cal. Labor Code §
22
203, which provides that an employee’s wages shall continue until paid for up to thirty (30) days from
23
the date they were due.
24
///
25
///
26
///
27
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28
13
COMPLAINT
 EIGHTH CAUSE OF ACTION
1
INACCURATE PAYSTUBS IN VIOLATION OF
2
CAL. LABOR CODE § 226(a)
3
(Against All Defendants)
4

5
74. Plaintiff realleges and incorporates all previous paragraphs above as though fully set forth
6
herein.
7
75. California Labor Code § 226(a) requires an employer to furnish each of its employees with
8
an accurate, itemized statement in writing showing the gross and net earnings, total hours worked, and
9

10 the corresponding number of hours worked at each hourly rate; these statements must be appended to

11 the detachable part of the check, draft, voucher, or whatever else serves to pay the employee’s wages;
12 or, if wages are paid by cash or personal check, these statements may be given to the employee
13
separately from the payment of wages; in either case the employer must give the employee these
14
statements twice a month or each time wages are paid.
15
76. Defendants failed to provide Plaintiff with accurate, itemized wage statements in writing, as
16

17 required by the California Labor Code. Specifically, the wage statements given to Plaintiff, if any, by

18 Defendants failed to accurately account for or characterize wages and overtime compensation, premium

19 pay for deficient meal periods and rest breaks, expense reimbursement, and so forth, all of which
20 Defendants knew or reasonably should have known were owed to Plaintiff, as alleged hereinabove.
21
77. Defendants’ failure to provide accurate wage statements as required by law caused Plaintiff to
22
suffer injuries, including among other things confusion over whether Plaintiff received all wages owed,
23
the difficulty and expense involved in reconstructing pay records, and whether proper and accurate
24

25 78. Pursuant to Cal. Labor Code §§ 226(a) and 226(e), Plaintiff is entitled to recover the greater

26 of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one

27 hundred dollars ($100) for each violation in a subsequent pay period, not exceeding an aggregate
28
penalty of four thousand dollars ($4,000). She is also entitled to an award of costs and reasonable
14
COMPLAINT
 attorneys’ fees.
1

2 NINTH CAUSE OF ACTION

3 VIOLATION OF BUSINESS & PROFESSIONS CODE § 17200

4 (Against All Defendants)

5 79. Plaintiff realleges and incorporates all previous paragraphs above as though fully set

6 forth herein.

7 80. California Business and Professions Code §17200 et seq. (also referred to herein as the

8 “Unfair Business Practices Act,” “Unfair Competition Law,” or “UCL”), prohibits unfair competition

9 in the form of any unlawful, unfair, or fraudulent business acts or practices.

10 81. California Business and Professions Code §17204 allows a person injured by the unfair

11 business acts or practices to prosecute a civil action for violation of the UCL.

12 82. Defendants committed acts of unfair competition as defined by the Unfair Business

13 Practices Act, by engaging in the unlawful, unfair and fraudulent business acts and practices described

14 in this complaint, including, but not limited to:

15 a. violation of Government Code §§ 12940 et seq., pertaining to age discrimination;

16 b. violation of Government Code § 12940(k), pertaining to the failure to prevent

17 discrimination; and

18 c. violation of Labor Code §§ 203, 204, 221, 226(a), 226(e), 510, and 1194.

19 83. The violations of these laws and regulations, as well as of the fundamental California

20 public policies underlying them, serve as unlawful predicate acts and practices for the purposes of

21 Business and Professions Code §§17200 et seq.

22 84. The acts and practices alleged above have unlawfully deprived Plaintiff of the rights

23 due to her under the law while enabling Defendants to gain an unfair competitive advantage over law-

24 abiding employers and competitors.

25 85. As a direct and proximate result of the aforementioned acts and practices, Plaintiff has

26 suffered a loss of money in the form of wages and benefits that Plaintiff would have continued to

27 receive as an employee of Defendants.

28 86. Plaintiff seeks an order of this Court awarding restitution, injunctive relief, and all other
15
COMPLAINT
 1 legal and equitable relief allowed under Business & Professions Code §17200 et seq., plus interest,
2 attorneys’ fees and costs pursuant to, inter alia, Code of Civil Procedure Section 1021.5.
3 TENTH CAUSE OF ACTION
4 VIOLATION OF THE EQUAL PAY ACT
5
IN VIOLATION OF CAL. LABOR CODE § 1197.5
6
(Against All Defendants)
7
87. Plaintiff realleges and incorporates by reference each and every allegation contained
8

9 in the foregoing paragraphs as though fully set forth herein.

10 88. Defendants’ conduct as described in this Complaint constitutes discrimination and

11 disparate pay in violation of the California Equal Pay Act as strengthened by the California Fair Pay
12
Act (SB 358) signed into law by Governor Brown. California Labor Codes §1197.5 and other state and
13
federal statutes such as the Fair Employment and Housing Act which prohibit discrimination in
14
employment, including disparity in pay to employees.
15
89. Plaintiff’s race and gender was a motivating factor in the adverse actions taken against her,
16

17 which includes but is not limited to the discrimination she was subjected to such as the disparity in pay

18 she received for performing the same or substantially the same work as non-Black and/or male
19 employees who received more or higher compensation than Plaintiff.
20
90. Plaintiff has exhausted her administrative remedies by timely filing charges with
21
The Department of Fair Employment and Housing (“DFEH”), which has issued to Plaintiff her right-to-
22
sue letters, permitting her to file this lawsuit.
23

24 91. As a direct and proximate result of Defendants’ discrimination in pay, Plaintiff has

25 suffered and will continue to suffer damages in an amount within the jurisdiction of this court, the exact

26 amount to be proven at trial. Such damages include:

27 a. loss of salary and other valuable employment benefits;
28
16
COMPLAINT
 b. prejudgment interest and interest on the sum of damages at the legal rate; and
1

2 c. other consequential damages, including damages for shame, humiliation, mental

3 anguish and emotional distress caused by the conduct of Defendants.

4 92. In addition, Plaintiff is entitled to double damages and liquidated damages pursuant to
5
California Labor Code §1197.5(c) and (h) as to her attorneys’ fees in prosecuting this lawsuit, pursuant
6
to Government Code Section 12965 (b).
7
93. Further, because the wrongful acts against Plaintiff were carried out, authorized or ratified by
8

9 Defendants’ directors, officers and/or managing agents, acting with malice, oppression or fraud, or

10 were deliberate, willful and in conscious disregard of the probability of causing injury to Plaintiff, as

11 reflected by the actions as described earlier in this Complaint, she seeks punitive damages against
12 Defendants, in order to deter them from such and similar conduct in the future.
13
PRAYER FOR RELIEF
14

15 WHEREFORE, Plaintiff Candace Newman respectfully requests that the Court enter judgment

16 in her favor and against Defendants, and award the following relief:

17 1. Compensatory damages including economic losses, unpaid wages, overtime and

18 penalties, lost wages and benefits, medical bills, mental and emotional distress, and

19 other special and general damages according to proof;

20 2. Injunction against discriminatory and retaliatory practices in the future;

21 3. Creation of a court supervised policy against discriminatory practices and a policy

22 against retaliation of employees who complain of discrimination in the workplace;

23 4. Imposition of periodic reporting requirements on the Company to the DFEH and/or

24 EEOC;

25 5. Punitive damages on all claims against the individual defendants for which such

26 damages are recoverable;

27 6. Reasonable attorneys’ fees pursuant to Government Code Section 12965(b), Cal. Labor

28 Code sections 218.5 and 1194, and all and any other applicable laws and statutes;
17
COMPLAINT
 1 7. For costs of suit incurred;
2 8. Interest, including pre-judgment interest, at the legal rate; and
3 9. Such other relief as this Court may deem just and equitable.
4

5 Dated: July 8, 2020 Respectfully Submitted,

TONI JARAMILLA, A Professional Law Corp.
6

7 By: ______________________________
8 Toni J. Jaramilla
May Mallari
9 Attorneys for Plaintiff,
CANDACE NEWMAN
10

11 DEMAND FOR JURY TRIAL

12

13 Plaintiff CANDACE NEWMAN hereby demands trial by jury in this action.

14

15 Dated: July 8, 2020 Respectfully Submitted,

TONI J. JARAMILLA, A Professional Law Corp.
16

17 By: ______________________________
Toni J. Jaramilla
18 May Mallari
Attorneys for Plaintiff,
19 CANDACE NEWMAN
20
21

22

23

24

25

26
27

28
18
COMPLAINT