16cv003820 First Amended Complaint For Damages 2-15-2017

ELECTRONICALLY FILED BY
Superior Court of California,

County of Monterey
JOSE A. GONZALEZ On 2/15/2017 9:46:38 AM
Attorney At Law By: Janet Nicholson, Deputy
2 SBN#248922
3 18 Altura Way
South San Francisco, CA 94080
4 Phone:(650)296-5964
Fax: (650) 636-9435
5 Email: gonzalezlaw81@gmail.com
6
Attorney for PlaintiffChilone Payton
7
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
9
FOR THE COUNTY OF MONTEREY
10 Case No.: 16CV003820

CHILONE PAYTON,
11 ) FIRST AMENDED COMPLAINT FOR
12 Plaintiff, ) DAMAGES FOR:
)
13 (1) RACE DISCRIMINATION IN
VS. VIOLATION OF FEHA;
14 (2) HARASSMENT ON THE BASIS OF
CITY OF CARMEL-BY -THE-SEA, CA, and RACE IN VIOLATION OF FEHA;
15
DOES 1 through 21, inclusive, (3) SEX DISCRIMINATION IN
16 VIOLATION OF FEHA;
(4) HARASSMENT ON THE BASIS OF
17 Defendants.
SEX IN VIOLATION OF FEHA;
18
(5) RETALIATION FOR
COMPLAINING ABOUT
19 DISCRIMINATION AND
HARASSMENT ON THE BASIS OF
20 RACE IN VIOLATION OF FEHA;
21
(6) RETALIATION FOR
COMPLAINING ABOUT
22 DISCRIMINATION AND
HARASSMENT ON THE BASIS OF
23 SEX IN VIOLATION OF FEHA; and
(7) FAILURE TO TAKE ALL
24
REASONABLE STEPS NECESSARY
25 TO PREVENT DISCRIMINATION
AND HARASSMENT FROM
26 OCCURRING IN VIOLATION OF
FEHA.
27
JURY TRIAL DEMANDED
28
Plaintiffs First Amended Complaint For Damages

PlaintiffChilone Payton alleges:
2 Parties
3 1. Chilone Payton (hereinafter. "Ms. Payton") currently resides in Monterey. California, is
4 African American (hereinafter. "African American" or "Black"), and is a woman.
5 2. Ms. Payton is informed and believes and thereon alleges that the City of Carmel-by-the-
6 Sea (hereinafter. "Carmel") is and at all times relevant hereto was a public entity in the County
7 of Monterey, State of California. Carmel maintains its City Hall on Monte Verde Street between
8 Ocean and 7th Avenue, Carmel-by-the-Sea. California 93921.

9 3. Carmel employed Ms. Payton from approximately June 2014 through September 26,
10 2014. Ms. Payton worked for Carmel at South East Juniperio 4th Avenue, Carmel-by-the-Sea,
11 California 93921. The unlawful acts alleged in this First Amended Complaint (hereinafter,
12 "F AC') occurred at the aforementioned location or within Carmel.

13 4. Acts by Carmel, as alleged in this FAC means Carmel committed the acts through
14 its employees while the employees were acting within the course and scope of their employment
15 with Carmel.
16 5. Under information and belief, Ms. Payton alleges that each Carmel employee was acting
17 within the course and scope of his/her employment with Carmel when he/she committed or
18 engaged in the acts alleged herein. Under information and belief, Ms. Payton alleges that one, the
19 other, or both of the following occurred: each Carmel employee was acting in a managerial
20 capacity and had the authority to do so when he/she committed or engaged in the acts alleged
21 herein. or a managing agent(s) of Carmel authorized or ratified the acts alleged herein committed
22 or engaged in by Carmel employees.

23 6. Ms. Payton is unaware of the true names and capacities, whether corporate, associate.
24 individual, or otherwise of defendants sued herein as Does 1 through 21, inclusive, and therefore.
25 sues these defendants by such fictitious names. Ms. Payton is informed and believes and thereon
26 alleges that each defendant sued herein as Does 1 through 21, inclusive, is responsible in some
27 manner for the injury and damages to Ms. Payton alleged in this FAC. Ms. Payton will seek
28 leave of court, under California Code of Civil Procedure Section 474. to amend this FACto state
2
these defendants' true names and capacities when they have been ascertained.
2 7. Ms. Payton is informed and believes and thereon alleges that each defendant sued herein
3 as Does I through 2 L inclusive, was acting as the agent. partner, and employee of each of the
4 other defendants, and in doing the acts alleged herein, was acting within the course and scope of
5 such agency, partnership, and employment.
6 8. Hereafter, references to "Defendants" or "defendants" in this FAC refers to Carmel and
7 Does 1 through 21, inclusive. unless otherwise noted or clarified.
8 Jurisdiction and Venue

9 9. Jurisdiction and subject matter in this action are proper because this is an unlimited
10 jurisdiction civil case, Carmel was and is a public entity/City in the County of Monterey, State of
11 California, and Ms. Payton's causes of action are based in California statutory law (the
12 California Fair Employment and Housing Act).
13 10. Venue in this action is proper because the unlawful actions alleged in this FAC occurred
14 in Carmel and Carmel is located in the County of Monterey, State of California.
15 Exhaustion o(Administrative Remedies

16 11. Ms. Payton is informed and believes and thereon alleges that Carmel at all relevant times
17 has been a public entity/City in the County of Monterey, State of California and is an employer
18 subject to suit under the California Fair Employment and Housing Act (codified as California
19 Government Code Sections 12900-12996; hereinafter, "FEHA"). Under information and belief,
20 Ms. Payton alleges that under FEHA and for purposes of FEHA. she was an employee of Carmel
21 and the temporary service agency ("MuniTemps") Carmel contracted with and who placed Ms.
22 Payton to work at Carmel, at least with respect to the terms, conditions, and privileges under the
23 control of each entity. Ms. Payton further alleges that FEHA applies to her past employment with
24 Carmel.
25 12. As a result of the actions described below. Ms. Payton exhausted her administrative
26 remedies under FEHA:
27 a. In October 2014, Ms. Payton filed a charge against Carmel, for investigation,
28 with the Equal Employment Opportunity Commission (hereinafter, "EEOC"). In said charge.
3
Ms. Payton alleged that Cannel discriminated against her on the basis of her race. discriminated
2 against her on the basis of her sex. harassed her on the basis of her race. harassed her on the basis
3 of her sex, and unlawfully retaliated against her.
4 b. The aforementioned charge was dual-filed with the California Department of Fair
5 Employment and Housing (hereinafter. "DFEH"). On November 3, 2014, the DFEH deferred the
6 case to the EEOC and provided Ms. Payton with a right to sue notice (dated November 3. 2014).
7 The right to sue notice from the DFEH is attached to this complaint as Exhibit A and is
8 incorporated herein by reference. The right to sue notice from the DFEH indicated that the one-
9 year period to file suit under the FEHA would be tolled during the pendency of the EEOC's
10 investigation of the complaint. The EEOC's investigation lasted approximately two years until
11 Ms. Payton requested a right to sue notice. On September 2. 2016, the United States Department
12 of Justice, on behalf of the EEOC, provided Ms. Payton with a right to sue notice. The right to
13 sue notice from the United States Department of Justice, on behalf of the EEOC, is attached to
14 this complaint as Exhibit B and is incorporated herein by reference. The right to sue notice from
15 the United States Department of Justice. on behalf of the EEOC, indicated that Ms. Payton had
16 90 days from the date on the notice to file a lawsuit in the appropriate court.
17 13. Ms. Payton filed the original Complaint in this matter on November 30. 2016. Ms. Payton
18 filed the Complaint within 90 days from September 2, 2016. Under information and belief, Ms.
19 Payton alleges the she filed the original Complaint in this matter in compliance with California
20 Government Code Section 12965(d).
21 14. Ms. Payton did not file a government claim with Cannel under California s Government
22 Claims Act (codified as California Government Code Sections 810 et seq.) with regard to her
23 FEHA claims prior to filing a lawsuit in state court. Under information and belief, Ms. Payton
24 alleges that she was excused from filing said government claim with regard to her FEHA claims
25 and that her FEHA claims were/are exempt from the Government Claims Act's requirements.
26 Ms. Pa.vton Begins Workingfor Carmel

27 15. Under information and belief, Ms. Payton alleges that in approximately May 2014
28 Cannel contracted with a temporary service agency named "MuniTemps" to place a temporary
4
Event Planner (who would work at Carmel). Subsequently. in approximately early-June 2014.
" MuniTemps placed Ms. Payton (who had a contract with MuniTemps) in the temporary Event
3 Planner position. In approximately early-June 2014. Ms. Payton started working as a temporary
4 Event Planner for Carmel. As Event Planner, Ms. Payton worked in Carmel's Community
5 Activities Department and her responsibilities included but were not limited to planning and
6 organizing Carmel sponsored events. working with Carmel employees and departments to
7 organize and plan events. and making sure Carmel sponsored events were carried out properly.
8 Under information and belief. Ms. Payton alleges that Carmel controlled, among other things,
9 what assignments she performed for Carmel, how she performed her work, her work schedule,
10 where she worked, who supervised her. was responsible for her safety while working as Event
11 Planner, and possessed the ability to terminate Ms. Payton's employment relationship with
11 Carmel.
13 16. From approximately early June 2014 through late September 2014. Ms. Payton's
14 immediate supervisor at Carmel was Janet Bombard (hereinafter. '"Ms. Bombard"), Director of
15 Library Services and Director of Community Activities for Carmel. Toward the latter end ofher
16 employment with Carmel, the Chief of Police for the Carmel Police Department, Mike Calhoun
17 (hereinafter. "ChiefCalhoun"), became Ms. Payton's supervisor.
18 17. Under information and belief, Ms. Payton alleges that throughout her employment with
19 Carmel, from approximately June 2014 through September 2014, she received verbal praise and
10 commendations from other Carmel employees and Carmel residents for her work performance.
11 Carmel even awarded Ms. Payton an Employee of the Month honor in August 2014 in a public
22 ceremony recorded at Carmel City Hall.
23 18. Throughout Ms. Payton's employment with Carmel, Ms. Bombard informed Ms. Payton
24 that Ms. Payton was on track to become a permanent employee with Carmel pending Carmel's
25 approval of the budget for her position. Under information and belief, Ms. Payton alleges that in
16 approximately August 2014, Ms. Bombard submitted the budget to Carmel for funding for Ms.
27 Payton's position which would have allowed Carmel to offer a permanent position to Ms.
28 Payton.
5
19. Under information and belief. Ms. Payton alleges that from approximately June 2014
2 through September 2014, MuniTemps representative Tony Herrera (hereinafter. "'Mr. Herrera")
3 spoke with Leticia Livian (hereinafter. "'Ms. Livian"). Senior Human Resources Analyst for
4 CarmeL and Ms. Bombard about Ms. Payton's work performance. Under information and belief.
5 Ms. Payton alleges that each individual reported favorable reviews of Ms. Payton's work to Mr.
6 Herrera. Under information and belief. Ms. Payton alleges that during the aforementioned time
7 timeframe. Ms. Livian and Ms. Bombard spoke with Mr. Herrera about extending a permanent
8 job offer to Ms. Payton when the Carmel budget for 201 5 was approved.
9 Allegations Related to Race
10 20. Beginning in approximately July 2014 and continuing through September 2014, the
11 defendants discriminated against and harassed Ms. Payton on the basis of her race (African
12 American/Black). From approximately July 2014 onward, she was the victim of numerous
13 discriminatory and harassing actions and remarks made by the defendants. while the defendants
14 and Ms. Payton were working for CarmeL on the basis of Ms. Payton's race (Black) and because
15 ofher race (Black). Ms. Payton further alleges that the discriminatory and harassing actions and
16 remarks were severe, pervasive. interfered with Ms. Payton's ability to do her job, and created an
17 abusive and hostile work environment. Ms. Payton alleges that the discriminatory and harassing
18 actions and remarks include but are not limited to the following:
19 a. From approximately July 2014 through September 2014, Ms. Livian continuously
20 referred to Ms. Payton as a '"Temp" in reference to Ms. Payton not being a permanent Carmel
21 employee. Under information and belief. Ms. Payton alleges that Ms. Livian used the term
22 '"Temp" in a derogatory manner. Under information and belief, Ms. Payton alleges that Ms.
23 Livian referred to other non-Black. non-permanent employees by their official title and not as
24 '"Temp." For example. when Lori Ifrontella (hereinafter. '"Ms. Ifrontella"), a White woman,
25 served as City Clerk while being a non-permanent Carmel employee, Carmel referred to her as
26 City Clerk and not '"Temp."
27 b. Under information and belief. Ms. Payton alleges that Carmel ordered business
28 cards for non-Black employees, both permanent and non-permanent employees. but did not order
6
business cards for Ms. Payton. In approximately July 2014. Ms. Payton asked Ms. Livian and
2 Ms. Bombard to order business cards for her. Ms. Payton requested the business cards after
3 Carmel residents requested business cards from her and after learning that Ms. lnfrontella. a
4 White woman and non-permanent employee. received business cards. Ms. Bombard and Ms.
5 Livian informed Ms. Payton that business cards were for permanent employees only. After Ms.
6 Payton responded that Ms. Infrontella, a non-permanent employee, received business cards, Ms.
7 Livian changed her answer and said there was not enough money in the budget to get business
8 cards for Ms. Payton.

9 c. In July 2014, Carmel held a July 4th 'Picnic In The Park" event which Ms.
10 Payton organized. After the event, Ms. Bombard spoke with Cleve Waters (hereinafter "Mr.
11 Waters"), from Carmel's Public Works Department and Ms. Todd from a community group in
12 Carmel. Mr. Waters is biracial (half-Black, half-White) and Ms. Todd is Black. In response to
13 Mr. Waters and Ms. Todd's suggestion that Carmel should hire Ms. Payton on a permanent
14 basis, Ms. Bombard praised Ms. Payton's 4th of July event but said, "Oh no. we can't hire her."
15 Both Mr. Waters and Ms. Todd inquired as to why Ms. Payton could not be hired permanently.
16 Ms. Bombard's response was. "We do not hire her kind." Under information and belief, Ms.
17 Payton alleges that Ms. Bombard indicated that Carmel would not hire Ms. Payton on a
18 permanent basis because she is Black.

19 d. From approximately July 2014 through September 2014. Ms. Bombard falsely
20 and repeatedly accused Ms. Payton of misappropriating or stealing Carmel money to buy food
21 and beverages for Carmel employees at Carmel meetings (that Ms. Payton arranged). Each time
22 Ms. Bombard accused Ms. Payton, Ms. Payton indicated that she did not have access to Carmel
23 credit cards or petty cash. could not possibly steal Carmel money. and that she did not steal
24 Carmel money. Ms. Payton would also indicate that she used her own money to purchase the
25 food and beverages. In response, Ms. Bombard would continue arguing with Ms. Payton until
26 Ms. Bombard would order Ms. Payton to stop making her look bad and forbid Ms. Payton from
27 using Carmel funds, without Ms. Bombard's approval, to feed people at meetings. Ms. Payton
28 would conclude each interaction by telling Ms. Bombard that she (Ms. Payton) used her own
7
money for the food and beverages and providing these treats led to better Carmel meetings.
2 e. In approximately July 2014 and August 2014, numerous Carmel departments had
3 email and internet problems. Under information and belief, Ms. Payton alleges that while non-
4 Black employees had their computers. email access, and internet access fixed in an expeditious
5 manner, Ms. Bombard delayed the fixing of Ms. Payton's computer, email access, and internet
6 access. Ms. Bombard also refused to provide Ms. Payton with Carmel's computer access code
7 after Ms. Payton requested the code so she could work from a different computer. Ms. Payton
8 asked and received permission from Marty Nilsson. who was a part-time employee with Carmel
9 at that time, to use her computer access code. Ms. Nilsson's code only allowed Ms. Payton
10 access for a few hours and days per week because Ms. Nilsson's access code was limited due to
11 being a part-time employee. During this time period, Ms. Payton did not have consistent internet
12 and email access at the workplace. did not have consistent access to her electronic files to
13 complete her work, and Ms. Payton found it difficult to execute her professional duties. Under
14 information and belief, Ms. Payton alleges that Ms. Bombard took the aforementioned actions to
15 undermine Ms. Payton's work and to set her up for failure.
16 f. In approximately August 2014, ChiefCalhoun refused to take a police report after
17 Ms. Payton informed him about a Carmel business owner. named Todd Tice. repeatedly stalking,
18 harassing, and ranting about Ms. Payton throughout Carmel and at Carmel's City Hall. Under
19 information and belief, Ms. Payton alleges that Mr. Tice was upset with Ms. Payton because she
20 reported Mr. Tice to Ms. Bombard and AI Fasulo, Carmel's Code Enforcement Officer, for a
21 street or sidewalk violation involving a red carpet near Mr. Tice's business. Ms. Payton reported
22 the violation while on job and as part of her job. Under information and belief. Ms. Payton
23 alleges that Mr. Tice's harassment focused on Ms. Payton's gender. appearance. and apparel.
24 Under information and belief. Ms. Payton alleges that Mr. Tice. from approximately August
25 2014 onward. often referred to her as a '"Man on steroids," among other things, and he would
26 circulate pictures of Ms. Payton throughout Carmel. After Chief Calhoun refused to take the
27 police report, Ms. Payton wrote a letter to Ms. Bombard and Carmel. in approximately August
28 2014. expressing concerns for her safety at work (due to Mr. Tice's harassing actions) and about
8
how the Carmel Police Department refused to take a report regarding Mr. Tice. Under
2 information and belief. Ms. Payton alleges that Carmel informed Chief Calhoun of the letter and
3 the information contained in the letter. Under information and belief, Ms. Payton alleges that
4 Carmel, Chief Calhoun, and Ms. Bombard took no action after Ms. Payton wrote and sent her
5 letter. Under information and belief, Ms. Payton alleges that as a result of the non-response to
6 her letter, Mr. Tice harassed. stalked. and used gender slurs against her while she was working
7 for Carmel and that Mr. Tice engaged in those actions for, basically, the remainder of Ms.
8 Payton's employment with Carmel (from approximately August 2014 through September 2014 ).
9 Ultimately, a few days before the termination of Ms. Payton's employment, at the end of
10 September 2014, Carmel Police Officer Tomasi called Ms. Payton to his office and took a police
11 report documenting Ms. Payton's accusations against Mr. Tice. Under information and belief.
12 Ms. Payton alleges that Carmel. Chief Calhoun, and Ms. Bombard engaged in the
13 aforementioned behavior (the non-response to the letter) because of Ms. Payton's race.
14 g. Under information and belief, Ms. Payton alleges that in approximately August
15 2014, Carmel Police Officer Joe Boucher (hereinafter, '"Officer Boucher'') incorrectly blamed
16 Ms. Payton for a mix-up and confusion regarding parking permits between t\vo parties during a
17 yearly, week-long event Carmel holds called '"Car Week." Under information and belief. Ms.
18 Payton alleges that Ms. Bombard was the sole authority regarding parking permits and their
19 approval and that Ms. Bombard was the person responsible for the mix-up and confusion
20 regarding the parking permits. Under information and belief. Ms. Payton alleges that Ms.
21 Bombard refused to accept responsibility for the mix-up and confusion and allowed Officer
22 Boucher to blame Ms. Payton.

23 h. In approximately August 2014 during Car Week, Ms. Bombard called Ms. Payton
24 by phone and wrongfully reprimanded Ms. Payton for failing to place "'Reserved" and '"No
25 Parking" signs in front of a Carmel business called '"Grasing's Restaurant." Ms. Payton
26 responded to Ms. Bombard's reprimand and informed her that she (Ms. Payton) posted the signs,
27 had done her morning rounds to check the '"Reserved" and '"No Parking" signs. noticed that
28 several retailers removed the signs. had informed Grasing's Restaurant about the removal of
9
Carmel's designated signs. and that Grasing' s Restaurant apologized for removing the signs.
2 Ms. Bombard and another Carmel employee, Ashlee Wright (hereinafter. '"Ms. Wright"), who
3 was a Carmel Library Assistant at that time. then arrived at Ms. Payton's office, demanded that
4 Ms. Payton put the signs back up (in front of Grasing's Restaurant) immediately, and incorrectly
5 indicated that Ms. Payton failed to stay on top of the matter. Ms. Bombard and Ms. Wright then
6 demanded, from Ms. Payton, the supplies to post the signs that had been discarded. In response
7 to said demand, Ms. Payton told Ms. Bombard and Ms. Wright that Carmel did not provide Ms.
8 Payton with supplies and that she had to rely on the Carmel Public Works Department's supplies
9 for posting signs. Under information and belief, Ms. Payton alleges that Ms. Bombard and Ms.
10 Wright then went to a store and purchased supplies. Ms. Bombard and Ms. Wright gave the
11 supplies to Ms. Payton and instructed her to create the signs and post them. Under information
12 and belief. Ms. Payton alleges that the supplies Ms. Bombard and Ms. Wright purchased turned
13 out to be ineffective and useless. Ms. Payton subsequently used supplies Mr. Waters lent to her
14 to re-post the signs.
15 1. On or about the first week of September 2014, Ms. Bombard and Ms. Wright
16 arrived unannounced to Ms. Payton's office and removed all of Ms. Payton's work files. During
17 this interaction, Ms. Bombard told Ms. Payton that if Ms. Payton needed anything. Ms. Payton
18 should contact Ms. Wright. Ms. Bombard and Ms. Wright then left Ms. Payton's office with Ms.
19 Payton's work files. Under information and belief. Ms. Payton alleges that after this incident.
20 Ms. Bombard rarely retuned Ms. Payton's calls or emails. Ms. Bombard and Ms. Wright's
21 actions made it very difficult for Ms. Payton to do her job and complete her assignments for the
22 remainder of her employment with Carmel.
23 J. In early September 2014. Ms. Bombard removed one of Ms. Payton's job
24 duties/responsibilities when she informed Ms. Payton that she (Ms. Payton) was no longer
25 allowed to monitor beach activity (a responsibility shared between Ms. Payton and Mr. Fasulo).
26 Ms. Bombard provided no explanation for her actions. Ms. Bombard indicated that Mr. Fasulo
27 and Police Officer Boucher would monitor beach activity going forward.
28 k. In about September 2014. Ms. Ifrontella informed Ms. Payton that DeAnna Allen.
10
PlaintitTs First Amended Complaint For Damages
from Cannel's Finance Department, and Ms. Livian made racial slurs about the behaviors of
2 black people in general and referred to Ms. Payton as an "Uppity Black Bitch." Ms. Ifrontella
3 told Ms. Payton that she (Ms. Infrontella) confronted Ms. Allen about the racial comments.
4 Under information and belief, Ms. Payton alleges that Ms. Ifrontella also informed Ms. Payton
5 that she (Ms. Ifrontella) quit her job on the spot as her way of standing up for Ms. Payton and
6 Black people, in general, and because she could no longer tolerate the racist behaviors of the
7 staff members against Ms. Payton. Under information and belief, Ms. Payton alleges that Mayor
8 Burnett offered Ms. Ifrontella her job back and Ms. lfrontella had to think about whether or not
9 she would accept it. Ms. Ifrontella told Ms. Payton to stan looking for a new job because Carmel
10 was not going to hire a Black woman permanently and that the only reason Ms. Ifrontella was
11 extended an offer to return was because Carmel had no idea that she dates Black men and
12 affiliates socially with Black people.
13 Allegations Related to Race Involving Others
14 21. Under information and belief, Ms. Payton alleges that other Cannel employees
15 experienced or witnessed Carmel engaging in racially discriminatory and harassing actions
16 against Black employees. Under information and belief, Ms. Payton alleges said actions
17 demonstrate part of a pattern of Carmel discriminating against and harassing employees on the
18 basis of their race (Black). These racially discriminatory and harassing actions include but are
19 not limited to the following:
20 a. In mid-July 2014, Ms. Payton spoke with Mr. Waters. During this conversation,
21 Mr. Waters informed her that he suffered racial harassment at the hands of Carmel's Police
22 Department and his fellow Public Works colleagues. Mr. Waters indicated that Stu Ross, a
23 Carmel Public Works employee, posted racist Buckwheat images and confederate flags in his
24 office and around the Public Works building. He also indicated that Tim Woods, another Cannel
25 Public Works employee, wrote "Commie Ni**er" on Mr. Waters' President Obama picture.
26 which was located on his (Mr. Waters') desk at work. Furthermore, he indicated that Tim
27 Meroney, a Carmel Police Officer, racially harassed him and continuously put undeserved
28 parking tickets on his (Mr. Waters') vehicle as a fonn of harassment.
II
b. In approximately July 2014. Ms. Ifrontella informed and warned Ms. Payton
about the racial issues she (Ms. Ifrontella) personally witnessed within the Carmel
3 Administration. She confided in Ms. Payton that she (Ms. Ifrontella) only dates Black men and
4 that she was fearful of Carmel discovering her dating preference due to the racism and prejudice
5 Ms. Ifrontella witnessed in the office. She instructed Ms. Payton to be careful and to not reveal
6 Ms. Ifrontella's dating preference to other Carmel employees.
7 c. In August 2014 during Car Week. Ms. Payton held a meeting to discuss a car
8 parade that was going to be held at the Carmel Police Station. During the meeting. there were
9 several speakers and each delivered instructions about what to do at the parade. Under
10 information and belief. Ms. Payton alleges that the Carmel staff members at the meeting were
11 lively and jovial and were not paying much attention to Carmel Police Officer Tim Meroney
12 while he spoke. Under information and belief, Ms. Payton alleges that Officer Meroney then
13 yelled at Mr. Waters to "Shut the f*ck up!" Officer Meroney then hurled himself at Mr. Waters
14 while yelling that he was going to physically attack Mr. Waters. Under information and belief.
15 Ms. Payton alleges that several Carmel Police Officers. including Chief Calhoun. restrained
16 Officer Meroney and physically carried him out of the building. Under information and belief.
17 Ms. Payton alleges that Officer Meroney engaged in aforementioned actions because Mr. Waters
18 is half-Black and as a form of continuing to harass Mr. Waters on the basis of his race. Ms.
19 Payton disbanded the meeting. apologized to Mr. Waters. and ultimately. she filed a complaint
20 with Carmel regarding the incident a few days later.
21 Sex Based Allegations

22 22. Beginning in approximately July 2014 and continuing through September 2014, the
defendants discriminated against and harassed Ms. Payton on the basis ofher sex (female). From
24 approximately July 2014 onward. Ms. Payton was the victim of numerous discriminatory and
25 harassing actions and remarks made by the defendants. while the defendants and Ms. Payton
26 were working for Carmel, on the basis of her sex (female) and because ofher sex (female). Ms.
27 Payton further alleges that the discriminatory and harassing actions and remarks were severe.
28 pervasive. interfered with Ms. Payton's ability to do her job, and created an abusive and hostile
12
working environment. Ms. Payton alleges that the discriminatory and harassing actions and
2 remarks include but are not limited to the following:
3 a. In about mid to late July 2014, Ms. Bombard started bringing Ms. Wright to all
4 event-planning meetings that Ms. Payton organized. And from about August 2014 through
5 September 2014, Ms. Wright frequently called Ms. Payton a "'Bitch" and a "Man" during the
6 event-planning meetings. Ms. Payton found the aforementioned terms to be harassing,
7 embarrassing, humiliating, and hostile. Ms. Payton reported these incidents to Ms. Bombard and
8 sought Ms. Bombard's assistance to remedy the situation. Ms. Bombard's response to Ms.
9 Payton was either, "I will talk to Ashlee" or that Ms. Payton would have to learn to work with
10 Ms. Wright. Under information and belief. Ms. Payton alleges that Ms. Bombard did not take
11 immediate and appropriate actions to address Ms. Wright's language and behavior. Thereafter,
12 Ms. Wright continued to call Ms. Payton a "Bitch" and a "Man" during event-planning meetings.
13 b. From late July 2014 onward. Ms. Bombard frequently commented on Ms.
14 Payton's choice of clothing as being expensive, asked how Ms. Payton could afford such items
15 of clothing, and asked Ms. Payton why her (Ms. Payton's) clathing was so form fitting and
16 "sexy." Ms. Payton found Ms. Bombard's line of questioning and comments to be crude, sexist,
17 harassing, and offensive. Ms. Payton responded to Ms. Bombard's comments and questions by
18 explaining her shopping techniques, explaining that she has a well-defined figure because she
19 was a professional figure/bodybuilder, and indicating that she dressed professionally and
20 appropriately for the workplace.
21 c. In early August 2014, Ms. Payton arranged and held a meeting at the Carmel
22 Police station to discuss Car Week. The meeting included Ms. Bombard and Ms. Payton. During
23 said meeting, Ms. Bombard asked Ms. Payton if Ms. Payton's body/figure was "'all natural" and
24 if Ms. Payton took steroids. Ms. Payton found these comments to be offensive, embarrassing,
25 and harassing. Ms. Payton responded that she was "'all natural" and she attributed her figure to
26 hard work and exercising at the gym.
27 d. The allegations set forth in Paragraph 20f are re-alleged and incorporated herein
28 by reference. In approximately August 2014, Ms. Payton sent a letter to Carmel and Ms.
13
Bombard indicating that she was concerned for her safety at work due to Mr. Tice's harassing
2 actions and that the Carmel Police Department refused to take a report regarding Mr. Tice's
3 actions. Under information and belief, Ms. Payton alleges that Carmel informed Chief Calhoun
4 ofthe letter and the information contained in the letter. Under information and belief, Ms. Payton
5 alleges that CarmeL Chief Calhoun, and Ms. Bombard took no action after Ms. Payton wrote and
6 sent her letter. Under information and belief. Ms. Payton alleges that as a result of the non-
7 response to her letter, Mr. Tice harassed. stalked, and used gender slurs against her while she was
8 working for Carmel and that Mr. Tice engaged in those actions for. basically. the remainder of
9 Ms. Payton's employment with Carmel (from approximately August 2014 through September
10 2014 ). Under information and belief, Ms. Payton alleges that the defendants are responsible for
11 the harassment on the basis of her sex that she endured at work from Mr. Tice. Ultimately, a few
12 days before the termination of Ms. Payton s employment, at the end of September 2014, Officer
13 Tomasi called Ms. Payton to his office and took a police report documenting Ms. Payton's
14 accusations against Mr. Tice.
15 e. The allegations set forth in Paragraph 20k are re-alleged and incorporated herein
16 by reference. Under information and belief Ms. Payton alleges that Ms. Allen and Ms. Livian
17 used the term "Uppity Black Bitch.'' in part. because of Ms. Payton's sex (female). Under
18 information and belief. Ms. Payton alleges that Ms. Allen and Ms. Livian 's use of the term
19 "Uppity Black Bitch'' in reference to Ms. Payton (albeit, not in Ms. Payton's presence)
20 contributed to a hostile work environment.
21 Ms. Pa~vton Complains About Several Issues

22 23. On or about the first week in September 2014, Ms. Payton contacted Mayor Jason
23 Burnett and informed him about. among other things, Ms. Bombard's constant harassing
24 behaviors and Chief Calhoun's response (or lack thereof) to Ms. Payton's complaints about Mr.
25 Tice. Mayor Burnett assured Ms. Payton that he was pleased with her work. enjoyed working
26 with her, and would look into the matters Ms. Payton raised. Under information and belief. Ms.
27 Payton alleges that Mayor Burnett did not take appropriate and immediate corrective actions
28 regarding the issues Ms. Payton raised.
14
Plaintiff's First Amended Complaint For Damages
24. On or about September 22, 2014. Ms. Payton filed a report of concerns/complained
2 about. among other things, discrimination and harassment she endured on the basis of her race,
3 discrimination and harassment she endured on the basis of her sex, and she described many of
4 the incidents alleged in this FA C. Ms. Payton named Ms. Bombard and Chief Calhoun, among
5 others, as people who engaged in unlawful discrimination and harassment against her. Under
6 information and belief. Ms. Payton alleges that she sent the complaint to the Carmel Mayor's
7 Office. the Carmel City Administrator. the Carmel City Council. the Carmel City Attorney. Ms.
8 Bombard. and Ms. Livian, among others.
9 25. Carmel subsequently retaliated against Ms. Payton for complaining, on or about
10 September 22, 2014, about discrimination and harassment she endured. Carmel also continued to
11 discriminate against and harass Ms. Payton on the basis of her race (took actions because ofher
12 race) and continued to discriminate and harass her on the basis of her sex (took actions because
13 ofher sex). Carmel retaliated against Ms. Payton, discriminated and harassed her on the basis of
14 her race, and discriminated and harassed her on the basis of her sex from approximately
15 September 22, 2014 onward by taking actions that included but were not limited to the
16 following:
17 a. On or about September 23, 2014, Carmel changed Ms. Payton's supervisor from
18 Ms. Bombard to Chief Calhoun. Ms. Payton named Chief Calhoun in her complaint (from on or
19 about September 22, 20 14 ).
20 b. On or about September 23. 2014, Chief Calhoun informed Ms. Payton that she
21 was now required to report to him, in person, at the start of the work day, when she took breaks,
22 and when the work day concluded. Ms. Payton had to report to Chief Calhoun at a temporary
23 office, at or around City Hall, and the temporary office was several blocks from Ms. Payton's
24 regular work location. Ms. Payton was not required to do these actions previously.
25 c. On or about September 23, 2014, Chief Calhoun told Ms. Payton she could not be
26 trusted to do her job without supervision and that Ms. Payton could either get accustomed to
27 Chief Calhoun being her supervisor or she could quit. Chief Calhoun made these statements in
28 response to Ms. Payton's inquiry as to why various work-related changes occurred and after Ms.
15
Plaintitrs First Amended Complaint For Damages
Payton indicated that there were several problems with Chief Calhoun being her new supervisor.
2 Mr. Payton told Chief Calhoun that one of the biggest problems was the fact that she named him
3 in a complaint presented to several Carmel departments and employees and which alleged that he
4 engaged in unlawful discrimination and harassment against her. Under information and belief,
5 Ms. Payton alleges that during this conversation. Chief Calhoun placed his hand inside his sport
6 coat to display his gun and told Ms. Payton that he was only trying to help her as he was her
7 friend. In response. Ms. Payton told Chief Calhoun that she would file another complaint
8 because Chief Calhoun being assigned as her new supervisor was retaliation for filing a
9 complaint with Carmel. Under information and belief. Ms. Payton alleges that she then ran from
I0 the office screaming that Chief Calhoun had just threatened her with his gun.
II d. On or about September 23. 20I4, Ms. Livian and Chief Calhoun met with Ms.
12 Payton. During the meeting with Ms. Livian and Chief Calhoun. Ms. Livian told Ms. Payton that
I3 Chief Calhoun being assigned her supervisor and the manner in which Ms. Payton was to interact
14 with him were for Ms. Payton's own good and that she should quit if she did not like the
I5 arrangement.
I6 e. On or about September 23. 20 I4, Ms. Livian blocked a doorway and refused to
17 allow Ms. Payton to leave the aforementioned meeting with Chief Calhoun and Ms. Livian.
I8 Under information and belief, Ms. Payton alleges that Ms. Livian removed herself from the
I9 doorway and allowed Ms. Payton to leave only after Ms. Payton started shouting for help. Under
20 information and belief, Ms. Payton alleges that Ms. Livian engaged in these actions after Ms.
2I Payton said that she would report/complain about Carmel's actions (from on or about September
22 23, 2014) to Carmel's Board of Supervisors, Mayor, and City Attorney. among others.
23 26. On or about September 25. 20I4. Ms. Payton submitted another complaint with Carmel's
24 Mayor, City Council, and Ms. Livian. among others, and alleged that Carmel retaliated against
25 her for complaining, on or about September 22, 2014. to several Carmel departments and
26 employees about the discrimination and harassment she endured. Ms. Payton indicated that
27 Carmel retaliated against her by, among other things. making Chief Calhoun her supervisor and
28 requiring her to check-in with Chief Calhoun throughout the work day. Under information and
16
Plaintift~s First Amended Complaint For Damages
belief, Ms. Payton alleges that on or about September 25. 2014. Ms. Payton also left a voicemail
2 message with the Carmel City Attorney. Don Freeman. complaining about the retaliation.
3 27. Carmel subsequently retaliated against Ms. Payton for the complaint she made on or
4 about September 25, 2014 and continued retaliating against her the complaint she made on or
5 about September 22, 2014. Carmel also continued to discriminate against and harass Ms. Payton
6 on the basis of her race and continued to discriminate and harass her on the basis of her sex.
7 Carmel engaged in retaliatory, discriminatory, and harassing actions against Ms. Payton by
8 taking actions that included but were not limited to the following:
9 a. On September 26. 2014. Carmel terminated Ms. Payton's employment. On said
10 date. Officer Tomasi went to Ms. Payton s office, informed her that her employment was
11 terminated, and then he escorted Ms. Payton off Carmel property, at the behest of Chief Calhoun.
12 Carmel Communicates with MuniTemps

13 28. Under information and belief, Ms. Payton alleges that in about mid to late October 2014,
14 Mr. Herrera ofMuniTemps received a letter dated September 24, 2014 from Ms. Livian stating
15 that Ms. Payton's services were terminated due to her inability to perform the duties of her job.
16 Under information and belief. Ms. Payton alleges that in approximately November 2014, Carmel
17 sent a second letter to Mr. Herrera which indicated that Ms. Payton had discipline problems
18 throughout the entirety of her time with Carmel. Under information and belief. Ms. Payton
19 alleges that while employed by CarmeL Carmel did not notify MuniTemps about alleged
20 problems with Ms. Payton's performance or alleged disciplinary issues. Under information and
21 belief, Ms. Payton alleges that while employed with CarmeL Ms. Bombard and Ms. Livian
22 provided positive reports to Mr. Herrera regarding Ms. Payton's work performance. Under
23 information and belief, Ms. Payton alleges that while employed with CarmeL Ms. Bombard and
24 Ms. Livian repeatedly informed Mr. Herrera that Ms. Payton was slated to become a permanent
25 employee.
26 29. Under information and belief, Ms. Payton alleges that after the termination of her
27 employment, Carmel started creating written reprimands and documentation of alleged
28 disciplinary or performance problems associated with Ms. Payton. Under information and belief,
17
Ms. Payton alleges that Cannel fabricated or created written reprimands and documentation of
"' disciplinary and performance problems in an attempt to justify the termination of her
3 employment, to deny her a job on a permanent basis, and to function as a pretext to disguise
4 Cannel's practice of discriminating against, harassing, and retaliating against Ms. Payton.
5 30. After Cannel terminated her employment, Ms. Payton consistently looked for new
6 employment. Ms. Payton found new employment in August 2015. However. that employment
7 turned out to be temporary and has ended. When Ms. Payton filed the original Complaint in this
8 case, she was working as a Facilitator in a less than part-time capacity. Ms. Payton is currently
9 working in a less than part-time capacity.
10 31. As a result of the defendants' conduct as alleged in this FA C. Ms. Payton suffered and
11 continues to suffer losses in earnings and benefits.
12 32. As a result of defendants' conduct, as alleged in this FA C. Ms. Payton suffered and
13 continues to suffer mental and emotional distress including but not limited to stress, nervousness,
14 angst embarrassment, humiliation, and loss of sleep.
15
16 FIRST CAUSE OF ACTION
17 (Race Discrimination in Violation of FEHA- Against All Defendants)
18 33. The allegations set forth in Paragraphs 1 through 21 (c) and 23 through 32, inclusive, are
19 re-alleged and incorporated herein by reference. and Ms. Payton alleges for a first cause of action
20 as follows:
21 34. At all times herein mentioned. FEHA was in full force and effect and was binding on the
22 defendants. FEHA requires defendants to refrain from discriminating against any employee on
23 the basis of race, among other things. See California Government Code Section 12940(a). As a
24 result of the actions described in Paragraphs 12(a) and 12(b ). Ms. Payton exhausted her
25 administrative remedies under FEHA.
26 35. During the course of Ms. Payton's employment with CanneL the defendants, from about
27 July 2014 through September 26. 2014, made numerous discriminatory remarks and took
28 numerous discriminatory actions against Ms. Payton on the basis of Ms. Payton's race (Black).
18
And on September 26, 2014. after a period of satisfactory. competent, and diligent performance.
2 Ms. Payton was notified by the defendants that her employment was being terminated. The
3 defendants' claim that Ms. Payton's employment was terminated because of performance
4 problems, disciplinary issues, or both are pretexts designed to conceal the defendants' practice of
5 discriminating against Ms. Payton on the basis of her race (Black).
6 36. Ms. Payton believes and thereon alleges that her race (Black) was a substantial
7 motivating factor in the defendants' actions alleged throughout Paragraphs 1 through 21 (c) and
8 23 through 32. inclusive. including but not limited to the defendants' decision to terminate Ms.
9 Payton's employment, their decision to make Chief Calhoun her supervisor, and their decision to
10 remove one of her job responsibilities (monitoring beach activity). Such discrimination is in
11 violation of FEHA and has resulted in damage and injury to Ms. Payton as alleged herein.
12 37. As a direct and proximate result ofthe defendants' willful. knowing, and intentional
13 discrimination against Ms. Payton, Ms. Payton sustained and continues to sustain losses in
14 earnings and other employment benefits in an amount according to proof.
15 38. As a direct and proximate result of the defendants' willfuL knowing, and intentional
16 discrimination against Ms. Payton, Ms. Payton suffered and continues to suffer mental and
17 emotional distress in an amount according to proof.
18 39. Ms. Payton requests an award of attorney's fees pursuant to California Government Code
19 Section 12965(b ).
20
21 SECOND CAUSE OF ACTION
22 (Harassment on the Basis of Race in Violation of FEHA -Against All Defendants)
23 40. The allegations set forth in Paragraphs I through 21 (c) and 23 through 3 2, inclusive. are
24 re-alleged and incorporated herein by reference. and Ms. Payton alleges for a second cause of
25 action as follows:
26 41. At all times herein mentioned, FEHA was in full force and effect and was binding on the
27 defendants. FEHA requires defendants to refrain from harassing any employee on the basis of
28 race, among other things. See California Government Code Section 12940(j )( 1 ). As a result of
19
Plaintiff"s First Amended Complaint For Damages
the actions described in Paragraphs 12(a) and 12(b ), Ms. Payton exhausted her administrative
2 remedies under FEHA.
3 42. During the course of Ms. Payton s employment with CarmeL the defendants, from about
4 July 2014 through September 26. 2014. created and allowed to exist an abusive and racially
5 hostile work environment and harassed Ms. Payton on the basis ofher race and because of her
6 race (Black), as described throughout Paragraphs I through 21(c) and 23 through 32, inclusive.
7 Such harassment was in violation of FEHA and the public policy embodied therein, and has
8 resulted in damage and injury to Ms. Payton as alleged herein.
9 43. As a direct and proximate result of the defendants' willful. knowing. and intentional
10 harassment against Ms. Payton, Ms. Payton sustained and continues to sustain losses in earnings
11 and other employment benefits in an amount according to proof.
12 44. As a direct and proximate result of the defendants' willful, knowing. and intentional
13 harassment against Ms. Payton, Ms. Payton suffered and continues to suffer mental and
16 Section 12965(b ).
17
18 THIRD CAUSE OF ACTION
19 (Sex Discrimination in Violation ofFEHA- Against The Defendants)
20 46. The allegations set forth in Paragraphs 1 through 19. 20f. 20k. and 22 through 32.
21 inclusive. are re-alleged and incorporated herein by reference. and Ms. Payton alleges for a third
22 cause of action as follows:
23 47. At all times herein mentioned. FEHA was in full force and effect and was binding on the
24 defendants. FEHA requires defendants to refrain from discriminating against any employee on
25 the basis of their sex (gender). among other things. See California Government Code Sections
26 12926(r)(2) and 12940(a). As a result of the actions described in Paragraphs 12(a) and 12(b). Ms.
27 Payton exhausted her administrative remedies under FEHA.
28 48. During the course of Ms. Payton's employment with CarmeL the defendants, from about
20
July 2014 through September 26. 2014. made numerous discriminatory remarks and took
numerous discriminatory actions against Ms. Payton on the basis of Ms. Payton's sex (female).
3 And on September 26. 2014. after a period of satisfactory. competent. and diligent performance.
4 Ms. Payton was notified by the defendants that her employment was being terminated. The
5 defendants' claim that Ms. Payton was terminated because of performance problems,
6 disciplinary issues. or both was a pretext designed to conceal the defendants' practice of
7 discriminating against Ms. Payton on the basis ofher sex (female).
8 49. Ms. Payton believes and thereon alleges that her sex (female) was a substantial
9 motivating factor in defendants' actions described throughout Paragraphs 1 through 19, 20f. 20k,
10 and 22 through 32, inclusive, including but not limited to the defendants' decision to terminate
11 Ms. Payton's employment, their decision to make Chief Calhoun her supervisor, and their
12 decision to make Ms. Payton check-in with Chief Calhoun throughout the work day. Such
13 discrimination is in violation of FEHA and has resulted in damage and injury to Ms. Payton as
14 alleged herein.
16 discrimination against Ms. Payton. Ms. Payton sustained and continues to sustain losses in
17 earnings and other employment benefits in an amount according to proof.
19 discrimination against Ms. Payton. Ms. Payton suffered and continues to suffer mental and
Section 12965(b ).
23
24 FOURTH CAUSE OF ACTION
25 (Harassment on the Basis of Sex in Violation of FEHA- Against All Defendants)
26 80. The allegations set forth in Paragraphs I through 19. 20f, 20k. and 22 through 32,
27 inclusive. are re-alleged and incorporated herein by reference. and Ms. Payton alleges for a
28 fourth cause of action as follows:
21
81. At all times herein mentioned, FEHA was in full force and effect and was binding on the
2 defendants. FEHA requires, among other things. defendants to refrain from harassing any
3 employee on the basis of sex and holds defendants responsible. under certain circumstances, for
4 the acts ofnonemployees with respect to sexual harassment of employees. See California
5 Government Code Sections 12926( r)(2 ). 12940(j )( 1 ). and 12940(j )( 4 )(C). As a result of the
6 actions described in Paragraphs 12(a) and 12(b). Ms. Payton exhausted her administrative
7 remedies under FEHA.
8 82. During the course of Ms. Payton s employment with Carmel and as described throughout
9 Paragraphs 1 through 19, 20f, 20k. and 22 through 32. inclusive. the defendants, from about July
10 2014 through September 26.2014. harassed Ms. Payton on the basis ofher sex (female), are
11 responsible for Mr. Tice's sexually harassing actions directed at Ms. Payton (while she worked
12 for Carmel), and created and allowed to exist a sexually hostile and abusive work environment.
13 Such harassment is in violation of FEHA and the public policy embodied therein, and has
14 resulted in damage and injury to Ms. Payton as alleged herein.
15 83. As a direct and proximate result ofthe defendants' willful, knowing, and intentional
16 harassment against Ms. Payton, Ms. Payton sustained and continues to sustain losses in earnings
18 84. As a direct and proximate result of the defendants' willful, knowing. and intentional
19 harassment against Ms. Payton, Ms. Payton suffered and continues to suffer mental and
22 Section12965(b).
23
24 FIFTH CAUSE OF ACTION
25 (Retaliation for Complaining about Discrimination and Harassment on the Basis of Race In
26 Violation of FEHA- Against All Defendants)
27 86. The allegations set forth in Paragraphs 1 through 32, inclusive. are re-alleged and
28 incorporated herein by reference. and Ms. Payton alleges for a fifth cause of action as follows:
22
87. At all times herein mentioned, FEHA was in full force and effect and was binding on
2 the defendants. FEHA requires defendants to refrain from retaliating against any employee who
3 has engaged in activities protected by FEHA such as complaining about and opposing
4 discrimination and harassment on the basis of race. See California Government Code Section
5 12940(h). As a result ofthe actions described in Paragraphs 12(a) and 12(b), Ms. Payton
6 exhausted her administrative remedies under FEHA.
7 88. As alleged in this FAC, during the course of Ms. Payton's employment with Carmel, she
8 complained to the defendants about the discrimination and harassment she endured on the basis
9 of her race (Black).
I0 89. As alleged in this FAC, the defendants retaliated against Ms. Payton for making the
II aforementioned complaints. The retaliation included but was not limited to assigning Chief
12 Calhoun as her supervisor, making her check-in with Chief Calhoun throughout the work day,
13 and terminating her employment. Such retaliation is in violation of FEHA and has resulted in
14 damage and injury to Ms. Payton as alleged herein.
15 90. The defendants' claim that Ms. Payton was terminated because of performance problems,
16 disciplinary issues, or both was a pretext designed to conceal the defendants' practice of
17 retaliating against Ms. Payton for complaining about the discrimination and harassment on the
18 basis ofher race (Black).

19 91. As a direct and proximate result of the defendants' willful, knowing, and intentional
20 retaliation against Ms. Payton, Ms. Payton sustained and continues to sustain losses in earnings
22 92. As a direct and proximate result of the defendants' willfuL knowing, and intentional
23 retaliation against Ms. Payton, Ms. Payton suffered and continues to suffer mental and emotional
24 distress in an amount according to proof.
26 Section 12965(b ).
27
28
23
SIXTH CAUSE OF ACTION
2 (Retaliation for Complaining about Discrimination and Harassment on the Basis of Sex In
3 Violation of FEHA- Against All Defendants)
4 94. The allegations set forth in Paragraphs I through 32. inclusive. are re-alleged and
5 incorporated herein by reference. and Ms. Payton alleges for a sixth cause of action as follows:
6 95. At all times herein mentioned. FEHA was in full force and effect and was binding on
7 the defendants. FEHA requires defendants to refrain from retaliating against any employee who
8 has engaged in activities protected by FEHA such as complaining about and opposing
9 discrimination and harassment on the basis of sex. See California Government Code Section
10 12940(h). As a result ofthe actions described in Paragraphs 12(a) and 12(b). Ms. Payton
11 exhausted her administrative remedies under FEHA.
12 96. As alleged in this FAC, during the course of Ms. Payton s employment with Carmel. she
13 complained to the defendants about the discrimination and harassment she endured on the basis
14 ofher sex (female).
15 97. As alleged in this FAC, the defendants retaliated against Ms. Payton for making the
16 aforementioned complaints. The retaliation included but was not limited to assigning Chief
17 Calhoun as her supervisor. making her check-in with Chief Calhoun throughout the work day,
18 and terminating her employment. Such retaliation is in violation of FEHA and has resulted in
19 damage and injury to Ms. Payton as alleged herein.

20 98. The defendants' claim that Ms. Payton was terminated because of performance
21 problems. disciplinary issues. or both was a pretext designed to conceal the defendants' practice
22 of retaliating against Ms. Payton for complaining about the discrimination and harassment on the
23 basis ofher sex (female).

24 99. As a direct and proximate result of the defendants willful, knowing. and intentional
25 retaliation against Ms. Payton. Ms. Payton sustained and continues to sustain losses in
26 earnings and other employment benefits in an amount according to proof
27 100. As a direct and proximate result of the defendants' willful, knowing. and
28 intentional retaliation against Ms. Payton. Ms. Payton suffered and continues to suffer mental
24
Plaintiff's First Amended Complaint For Damages
and emotional distress in an amount according to proof.
2 101. Ms. Payton requests an award of attorney's fees pursuant to California
3 Government Code Section 12965(b ).
5 SEVENTH CAUSE OF ACTIO~
6 (Failure to Take All Reasonable Steps Necessary to Prevent Discrimination and Harassment
7 From Occurring in Violation ofFEHA- Against All Defendants)
8 102. The allegations set forth in Paragraphs 1 through 32, inclusive. are re-alleged and
9 incorporated herein by reference, and Ms. Payton alleges for a seventh cause of action as
10 follows:
11 103. At all times herein mentioned, FEHA was in full force and effect and was binding
12 on the defendants. FEHA requires defendants to take all reasonable steps necessary to prevent
13 discrimination and harassment from occurring, among other things. See California Government
14 Code Section 12940(k). As a result ofthe actions described in Paragraphs 12(a) and 12(b), Ms.
15 Payton exhausted her administrative remedies under FEHA.
16 104. As alleged in this FAC, Ms. Payton complained to and informed the defendants
17 about the discrimination and harassment she endured. Defendants, subsequently. violated FEHA
18 by failing to take all reasonable steps necessary to prevent race discrimination. harassment on the
19 basis of race, sex discrimination, and harassment on the basis of sex from occurring. Such
20 conduct is in violation of FEHA.
21 105. As a direct and proximate result of the defendants' failure to take all reasonable
22 steps necessary to prevent discrimination and harassment from occurring. Ms. Payton sustained
23 and continues to sustain losses in earnings and employment benefits in an amount according to
24 proof.
25 106. As a direct and proximate result of the defendants' failure to take all reasonable
26 steps necessary to prevent discrimination and harassment from occurring. Ms. Payton suffered
27 and continues to suffer mental and emotional distress in an amount according to proof.
28 107. Ms. Payton requests an award of attorney's fees pursuant to California
25
Government Code Section 12965(b) .
..,
3 WHEREFORE, Ms. Payton prays for judgment against the defendants as follows:
4 I. For compensatory damages. including lost wages and other lost employment benefits
5 according to proof. on each cause of action;
6 2. For mental and emotional distress damages on each cause of action;
7 3. For prejudgment and post-judgment interest. at the legal rate;
R 4. For an award of attorney fees pursuant to California Government Code Section
9 12965(b) on each cause of action;
10 5. For costs of suit incurred;
II 6. For such other and further relief as the court deems proper and appropriate.
12
13 DATE: February 13, 2017
14
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15
Jose' A. Gonzalez ---_-T"--
16 Attomey for Chi lone Payton
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16cv003820 First Amended Complaint For Damages 2-15-2017

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16cv003820 First Amended Complaint For Damages 2-15-2017

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ELECTRONICALLY FILED BY

Superior Court of California,

10 Case No.: 16CV003820

Plaintiffs First Amended Complaint For Damages

4 African American (hereinafter. "African American" or "Black"), and is a woman.

8 Ocean and 7th Avenue, Carmel-by-the-Sea. California 93921.

12 "F AC') occurred at the aforementioned location or within Carmel.

22 or engaged in by Carmel employees.

5 such agency, partnership, and employment.

6 8. Hereafter, references to "Defendants" or "defendants" in this FAC refers to Carmel and

7 Does 1 through 21, inclusive. unless otherwise noted or clarified.

8 Jurisdiction and Venue

12 California Fair Employment and Housing Act).

14 in Carmel and Carmel is located in the County of Monterey, State of California.

15 Exhaustion o(Administrative Remedies

26 remedies under FEHA:

3 of her sex, and unlawfully retaliated against her.

20 Government Code Section 12965(d).

26 Ms. Pa.vton Begins Workingfor Carmel

17 (hereinafter. "ChiefCalhoun"), became Ms. Payton's supervisor.

22 ceremony recorded at Carmel City Hall.

9 Allegations Related to Race

26 City Clerk and not '"Temp."

8 cards for Ms. Payton.

18 permanent basis because she is Black.

15 undermine Ms. Payton's work and to set her up for failure.

16 f. In approximately August 2014, ChiefCalhoun refused to take a police report after

22 Boucher to blame Ms. Payton.

14 to re-post the signs.

22 remainder of her employment with Carmel.

12 affiliates socially with Black people.

13 Allegations Related to Race Involving Others

15 experienced or witnessed Carmel engaging in racially discriminatory and harassing actions

19 not limited to the following:

28 parking tickets on his (Mr. Waters') vehicle as a fonn of harassment.

6 Ms. Ifrontella's dating preference to other Carmel employees.

20 with Carmel regarding the incident a few days later.

21 Sex Based Allegations

6 event-planning meetings. Ms. Payton found the aforementioned terms to be harassing,

20 appropriately for the workplace.

26 hard work and exercising at the gym.

14 accusations against Mr. Tice.

20 contributed to a hostile work environment.

21 Ms. Pa~vton Complains About Several Issues

28 regarding the issues Ms. Payton raised.

8 Bombard. and Ms. Livian, among others.

19 about September 22, 20 14 ).

9 a. On September 26. 2014. Carmel terminated Ms. Payton's employment. On said

12 Carmel Communicates with MuniTemps

27 employment, Carmel started creating written reprimands and documentation of alleged

9 working in a less than part-time capacity.

11 continues to suffer losses in earnings and benefits.

14 angst embarrassment, humiliation, and loss of sleep.

17 (Race Discrimination in Violation of FEHA- Against All Defendants)

25 administrative remedies under FEHA.

5 discriminating against Ms. Payton on the basis of her race (Black).

14 earnings and other employment benefits in an amount according to proof.

17 emotional distress in an amount according to proof.

21 SECOND CAUSE OF ACTION

22 (Harassment on the Basis of Race in Violation of FEHA -Against All Defendants)

2 remedies under FEHA.

8 resulted in damage and injury to Ms. Payton as alleged herein.

11 and other employment benefits in an amount according to proof.