sur SUI IONS ae (CITACION JUDICIAL) NOTICE TO DEFENDANT: ELECTRONICALLY FILED ARBRESPEURARARTiOLDINGS, INC.,a Delaware Corporation, and | Superior Court of California DOES | through 25, inclusive County of Santa Barbara | Darrel E. Parker, Executive Officer You Lei} BEING SUED BY PLAINTIFF: Bre20%6 it Re : (LO ESTA DEMANDANDO EL. DEMANDAN' - Narzralli Baksh, Depu GEAR CASTEMEON an individual 7 : ie TNOTIGEI You have boen sued. The court misy decide ageinel you without your being heard unless you respond wilin 30 dave. Read the formation below. You have 20 CALENDAR DAYS after his summons and logal papers are served on you to flea writen response at this court and have a copy served onthe plant. letter or phone call il not protect you, Your writen response mist bein proper legal form ifyou want the court fo hea Your cate. There may be 2 court form that you can use for your sponse. You can find these coun fotms and more information a the Calforria Cours Online SeltHeip Canter (www.courtinfo.ce.gowsofrep), your county law ibrary, othe courthouse nearest you. Ifyou cannot pay the fling fee, ask the court clerk fora fee waiver for. Hf you do nol fle your respanse on tire, you may lose the case by dete, and your wages, money, and property may be taken without further warning fom te court. | ‘There are other legal requirements, You may want to call an atiomey ight away. Ifyou do not know an atoney, yeu may want fo call an atomey referral service. Ifyou cannot afferd an attorney, you may be elie for free egal serces from a nonprofklegl services program, You can locate ‘hese nonprofit groups st the Calfornia Legal Services Web ste (nsw /awhojpcaliomia.org), tho Calfarria Courts Onine Sei Help Center (wnww courinie.ca.gov/solMelp, oF by contacting you local court r county bar association, NOTE: The court has a stavtory Hen for walved fees ene ‘costs on any settlement or arbration sward of $10,000 or more ina civ case. The cout’ len must be paié before the court wil cms the case, JAVISO! Lo han demandado. Sno responde dentro de 30 dies, la corte puede decir on su conta sin escuchar su varsfn, Leela iformacién # ‘ontinuectén. Tone 30 DIAS DE CALENDARIO después de que la enrequen asta citacisn y papelee legals para presenta uno respuesta por escrito en esta corte y hacer que s8 entregua Una copra a demandante. Una carta una mada teleonica nolo protogan Su respuesta por escrt ene qu estar fen formato legal coreco s! desea quo procesen su caso ana cori. Es posible ue Maye wn formulare que Usd pueda User para eu reqpvesta vad encontrar estos formulas de fa cote y més informacién en el Centro de Ayuda do las Cotas de Cairn (wer sucore.ca gov) on lt ‘iboteca de ieyes de su condado o en ls cote quo fe quede mas cerca. Sino puede pagar la cuota da presentacén, pd al socrtaro de fa corte ‘v8 fe un formulario de exencin de pago de cuotas. Sino presen su respuesta Gempo, puede parcer el caso por Incumplimiente Ia cor le | dé ilar su susido, nero y bienes sin més advertencia Hay ores requlsns legates. recomendable que lame a un abogado inmediatamente, Sino conoce @ un abogado, puede lamar aun servicio de ‘emisién 8 abogades. Sino puede pager @ un abagedo, es posible que cumla con los requlsos para obtener servicios logales gratis ce un programa de servicios fogeles sin fines de lu. Pusde encontrar estas grupos si fines ds Iucro on so web de Cafonia Legal Sercas, ‘ne tawhepealitorna.om), en al Catto de Ayuda ola Cortes de Calflora, (vw. scart ca.Gov) 0 poniéndose en contecto con la cart oe ‘colegio de abogades icales. AVISO: Poin, la cote tone dorecho a reclame las cutas os costes erentos por impaner un gravamen sobre | ‘cvalquiorracuporacisn de $10,000 6 mas de valor rectida mediante un acvardo o una concestin de arbitaje en un caso de derecho civ. Tene que pagar el grevamen de a cole antes de que a corte pueda desechare! caso, ‘The name and address of the court is GaSe BCV0111E ; sere G sertor C8eH tor CA Porniay County of Santa Barbara, Anacapa 1S iBeavsa0o6t, Santa Barbara, CA 93101 4400 Anacapa Street ‘The name, address, and telephone number of plaintiffs attorney. or plaintiff without an attorney, is: (Elnombra, fe creceign y el numero de teléfone del atogado cei demandarto,o del damandante que no tiene aboged, os}: Nicholas W. Saris, 2943 Townsgate Road, Suite 200, Westlake Village, CA 91301, S05 001-115 DATE: Clerk, by «Deputy Pam 3/18/2016 Ser by , _/s/ Narzralli Baksh Demy (For proat of senvce of this summons, use Proof of Service of Sammons form POS-O10)) (Para prueba de entrega de esta citation use el fomulario Proof of Service of Summons, (POS-010)) NOTICE TO THE PERSON SERVED: You are served 1. (_] as an individual defendant. 2. as the person sued under the fictitious name of (specify) 3. [J on behatf of (spect): under: LI CoP 416.10 (corporation) 5) ccP 416.60 (minor (J CCP 416.20 cetunet corporation) F=] CCP 416.70 (conservatee) (EJ COP 416.40 (association or partershia) [=] CCP 416.90 (euthorized person) T) other (specity: 4. [1] by personal delivery on (date): aa ap Ripa i ‘SUMMONS Gas eco 420. 5|-SRRERST- QRH EPR ye See re: asansen 1! rorcourrusemy NSams Law, APC 2845 Townsgate Westlake Village ATTORNEY FOR uae Ro gt 7° LECTRONICALLY FILED 105-267-7150 805-230-2224 uperior Court of California 03-201 en Gena Castellon ‘ounty of Santa Barbara eureron court or att ~ Darrel E. Parker, Executive Offider Eiilececel {1100 Anacapa Street 18/2016 8:30:00 AM cnvano zp cove, Santa Barbara 93101 sy: Narzralli Baksh, Deputy [BRANCH NAME: Anacapa CASE NAME. Castellon v. CKE Restaurants Holdings, Inc. CIVIL CASE COVER SHEET Complex Case Designation | "BU 01118 (1 uniinted C1 Lites an oe ee roa Counter] Joinder a demanded demanded is Filed with frst appearance by defendant | °® | exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) cer | _ltems 1-6 below must bo completed (see instructions Gn page 2), [i- Check one box below for the case type that best describes this case ‘Auto Tort Contract Provisionally Complex Civil Litigation (2) auto 2) (J reach of contracuwaranty (08) (Cal. Rules of Court, cules 3.400-3.403) | J Unineured metonst (48) £2 ute 3.740 cotedtons (09) (1 Anttrustragecegulation (03) Other PURDID (Persona injryiPropory =] ter eotectens (09) [constuction eens 10 faragatirong Dea) Ton inure coveee (8) LY aanton 0) Asbestos (4) Other conract a7) [5 securites tigation 26) id femal eal Property ( eenvironmeotarToxs tore (20) ledical marae nent domeininverse Inauranos coverage ais arising tom the | other pveono >) condemnation) ~ Sevstattertosy Sarat fan | Non-PUPDMD (Other Tort [I Wiongtutericton (25) ‘apes et) [J usinesstontunat eusiness practic (07) [] Other eat propery (26) Enforcement of Judgment [J eivitrights 08) Unlawful Detainer Enforcement of judgment (20) [2] etamation (43) =} Commercial (31) Miscellaneous Civil Complaint | Cd Frau (16) C7 esicentiat (32) £2 rico 127) | LJ tntotioctua property (19) C1 ngs 38) ( other complaint nt specitod above) (42) ( erotesionalnegigence (25) {ludieial Roviow Miscellaneous Civ Petition Other non-PHPDIND tort (35) TJ Asset oreture (05) i Prtnership and corporate governance (21) Employment (2 Pettion 1: aitration award (19) 10" peiton (ot speed ebcve) (thor potion not specified ebve) (4) Vong tintin (5) 5) wtmnaate 2 EJ omer enetymen 15) __E} tres ovon (8) 2, Thiscase T Tis [Le] isnot complex under rule 3.400 of the Caifornia Rules of Court Wthe case ls complex, mark the factors requiring exceptional judicial msnagement: a. [2] Large number of separately represented parties, [_] Large number of witnesses ».[] Extensive mation practice raising dificult or novel, [_] Coordination with related actions pending in one or more courts Issues that wl b time-consuming to resolve in other counties, states, or counties, or in a federal court . 7] Substantial amount of documentary evidence £. ([] substantia! postiudgment judicial supervision 2. Remedies sought (check all hat appt: a7] monetary b,{—] nonmonoiay, decaratory or injunctive reef _c.[@Flpuntive 4. Number of causes of acon (specil); 6: Age Discrimination, Violation of Labor Code Sections 1102.5, 253 Gsl 5. Thiscase [lis [Tis not actass action suit, 8. there ar ay tron elated cases, and sere ance of ltd cose (You may yo a Ni cwo1s) March 17, 2016 a NOTICE ~ 7 | + Pa mutes cover ene: the et paper eas Sie rose oe al ins ator cses es Under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal Rules of Gout ule 3220 ) Failure to fe may recut in sanctons ‘File this cover sheet in addition to any cover sheet required by local court rule * 1 tha case fa complex under rule 3.400 et seq, of the Galfomia Rules of Court, you must seve a copy ofthis cover sheet on all other partios tothe action or proceeding, + Uses i a caactons case under ite 8740 or a compe case thi cover chee wi bo used feat pupotes ol. joaerie CIVIL CASE COVER SHEET Se ae ee eeeINSTRUC NS ON HOW TO COMPLETE THE CO\ ~* SHEET eae To Plaine and Others Fling First Papers. If you ace fing @ fat paper (for exempe, a complain) fn a civ case, you must complete and, alng wth your first paper, th Civ Case Cover Sheotcontatnes on page 3. This ifermaton wil benaees con Statscs about the types and numbers of cases fed. You must complete fers | tveugh 6 on te aneot. Ie fem You whos eee ene box forthe case type that best desces the case. if the case ts both a general anda more speofic ype of case cea were k heck the moce specie one Ifthe case has multiple causes of acton, check the box tht beet cleaes ine primary conse Of senor ‘To assist youth completing the sheat, examples of the case tal belong under each case type nein 1 ar provided belose & coos. sheet must be fied ony with your ial paper. Faure to fe a cover shoot wih the fest paper fa im'a Cal case ay eases cone, it couneel, or both fo sanctions under ries 2.30 and 8.220 of te Calforia Rules ef Court To Parties in Rulo 3.740 Collections Cases. A ‘collections case" under rule 8740 is defined as an action for recovery of meney ced ina sum slated tobe carta tha is rot more than $25,000, excuse of toes! and atomeys feos ang fone wonsesien bs which property, services, or money was atquired on redt_ A colectons case dees nol include an scion soaking the flee Cee damages, 2) punitive damages, (3) recovery of real propery, (4) recovery of personal property, oF (6) & preludgment wrt of Sttachmant. Tho identifeaton of cate ee a rule 3740 cofectns tase on bis frm mnaane fet ail Os eseree nese gece time or-service requremen's and case management res, unless a defendant tex a responsi pleading, Aue S710 cokecens {ase wi be abject tothe requirements for service and obtaining a japon in ue'3 740, To Parties in Complex Cases. in complex cases oly, pares must alo use the Civ Case Cover Sheet to dtignae whether he case fs compex i pant beleves te cae fe complex under rule 9.40 ofthe Calfomia Rule of Cou tis mgt be dered fo Completing th appropiate boxes In ome # and 2. apa designates @ case es aomplen the Sover sheet musi be conta ane te complaint en all partes fo the action. A defendant may fle and serve no later than the tof fs fst appearance oneer ht ho plaintiffs designation, a counter-designaton thatthe case is not complex, oy, the plat has made no decimation, & decrgeation tet the case's complex CASETYPES AND EXAMPLES fvto Tort Consact Provlonally Complex Cv Ligation (ol “Ato 22)-Petsonal nunyProperty reach of Conracieranty (0) Rus of Cou Rees 3 00-340) arageiongul Death ‘each ofrertacace "Andrade Regusies 09) lisuucanecat angen ‘ota (tnt dan Gonsructon Bted (3 ove oboe os cared cr wrong ecto Ett rot ass Tor 40 milo dein sett Consaciarasy reser Seer Seouttes gon (20) tiaton choc Rn act (ot fade refer) Envtonmertal tone fot (30) fates Neola reac f Gontoct tnnrance Coverage Galva tne PIPBNND (personal run? \Rerony Talay fon bovine comix (the PUPONID Personal ery hf Contraaarety ‘Soe pe fled eto) Pro Cofetns eg oway owed pen Entoreoment dodger rane Sock sca) 0, erent of epret (2) Seer out otecton Case Ser Pant ‘owe of net (tof ‘ahora Pret Derap Sher Promsoy Neetctone Scam) soe Paoli Saco Confession o Judgment ren ‘Product Liability (not asbestos or Insurance Coverage (not provisionally domestic reiations) xctenvroemerial (28) ‘compes) (18) Sister State huggmant ‘Medical Malpractice (45) ‘Auto Subrogation Administrative Agency Award ede Mires Gites Coven thoturoat/ eo Physicians & Surgeons (ther Contract (97) Peliion/Certiicatin of Entry of ‘Other Professional Healt Care ‘Contraual Fraud “Judgment on Unpsid Taxes itoprecice mon pr Sot Daa oer iedoret -PUPOND Pr Osemiaes Laity. sp int borsiotnvrse iscslangous Gh Complaint rd Sendenoaten 8) co tn Intentional Bodily Injury/PDAWD Wrongful Evietion (33) ‘Omhec Compa (Not specitiod ‘eo, sera vanialemy) Cer Rea Popeye, ae) (2) reas ine eit Viel boeessee i Reale Delray ten ‘emotona Dietess Morgege Fores Tuna Ree Only sects te Sie cen ee octane Cpotona Dies er Reel Pept (rt ominent ‘omer IPD Soman anaratensn or te Cerrar Compa Non-PHPoIwo (Otten Tor ovate onetrercome Buioss Trt Bsiness a Pracics (On iacolanoss cil Patton CM gs fg. dsctmeaton Roseont 52 ennershp ant Copole dares eto Brig 8 ie cto mes gs eran a Cop rosa Shock maton, oe Defamation sander, tbe) ‘aout ov Commerc r Reason (tex Peto (ot pec "3 Jal Review BI ant Fraud Go) ewe Fer (05) Worcs vtnce IneleSua Property (1) Pelton Re Aton Aart) Se ee an Ertsaona Ngipence 5) ‘Wet taeda (o) “ne togal loracen \RetcAsrsiratve Mandamus act cant (tla resorts Malracioo Wit andence on Load Sout Redes Come ‘nol medea! oo) ‘ace ater Petion fr Relol Bem ate nner Nor PUPDIID Ton 5) Wit Shar Limos Cour Cece ‘Coin eon Te ination (36) Review: ‘Other Cini Petition rengful Terrinaten Other Judicial Review (3¢ Shot Enpoyment (3) “avon 9 at tear over Nate ot pea Labor Satan fore aon ee eer CIVIL CASE COVER SHEET Freee1 | Nicholas W, Sarris (SBN: 242011) nick@nsarrislaw.com ELECTRONICALLY FILED 2||N.SARRIS LAW, APC ‘Superior Court of California 2945 Townsgate Road, Suite 200 County of Santa Barbara sap genie me ee Darrel E. Parker, Executive Officer 4 || Fax. (805) 230-2224 3/18/2016 8:30:00 AM By: Narzralli Baksh, Deputy 5 || Attorney for Plaintiff GENA CASTELLON 6 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 7 COUNTY OF SANTA BARBARA ~ ANACAPA COURTHOUSE 8 9 GENA CASTELLON, an individual, CASENO, 16CV01118 10 (Assigned for all purposes to the Hon, i Plaintiff, Dept._) iW vs. COMPLAINT FOR: 2 CKE RESTAURANTS HOLDINGS, INC., a 1. AGE DISCRIMINATION IN 13 || Delaware Corporation, and DOES 1 through VIOLATION OF GOVT. CODE § 12940 25, inclusive, ET SEQ. 4 2,_ FAILURE TO PREVENT Defendants. DISCRIMINATION IN VIOLATION OF OF GOVT. CODE § 12940 ET SEQ. 3. VIOLATION OF LABOR CODE § 1102.5 4, VIOLATION OF LABOR CODE § 232.8 5, VIOLATION OF LABOR CODE § 6310 6, WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY DEMAND FOR JURY TRIAL 22 Plaintiff, GENA CASTELLON (hereinafter referred to as “Plaintiff"), hereby brings this 23 complaint against the above-named Defendants and states and alleges as follows: PRELIMINARY ALLEGATIONS 24 25 26 27 28 1. Atall times mentioned herein and at the time each of Plaintiff's causes of action arose, Plaintiff was an individual residing in the State of California and was employed by Defendants. 1 COMPLAINTewan ee ee 10 u 12 13 14 15 16 17 18 19 20 a 2 23 24 25 26 27 28 2. Upon information and belief, Plaintiff alleges that Defendant, CKE RESTAURANTS HOLDINGS, INC. (hereinafter referred to as “Defendant CKE”), is a Delaware Corporation employing five (5) or more people and doing business under the laws of the State of California, Defendant CKE’s principal place of business is in the County of Santa Barbara, located at 6307 Carpinteria Avenue, Carpinteria, California 93013. 3. Plaintiff is unaware of the truc names and capacities of Defendants sued herein as DOES | through 25, inclusive, and for that reason sues said Defendants by such fictitious names. Plaintiff will file and serve one or more amendments to this Complaint upon learning the true names and capacities of said Defendants, 4. Upon information and belief, Plaintiff alleges that each of the fictitiously named Defendants is responsible in some manner for and proximately cause the injuries and damages sustained by Plaintiff as alleged in this Complaint. 5. Upon information and belief, Plaintiff alleges that each of the Defendants named herein acted as the employee, agent, servant, partner, alter-ego and/or joint venture of one or more of the other Defendants named herein, In doing the acts and/or omissions alleged herein, cach of said Defendants acted with the course and scope of his or her relationship with any other Defendants and gave and reccived full consent, permission and ratification to the acts and/or omissions alleged herein. 6. Hereinafter in this Complaint, unless otherwise noted, reference to a Defendant, shall mean all Defendants, and each of them FACTUAL SUMMARY 7. On or about February 6, 1988, Plaintiff commenced her employment with Defendant CKE. For at least seven (7) years prior to the termination of her employment, Plaintiff served in the position of Safety Manager. 8 ‘Throughout her employment, Plaintiff performed her duties in a professional and exemplary manner. 9. Inthe final years of Plaintiff's employment, Plaintiff recognized and reported ‘unlawful conduct engaged in by Defendant CKE, including but not limited to violations of COMPLAINTCal/OSHA standards and regulations. 10. At the time of Plaintiff's termination, Plaintiff was over the age of forty (40). Upon information and belief, Defendant CKE replaced Plaintiff with an individual under the age of forty (40) and/or someone substantially younger than Plaintiff. 11. Asaresult of Plaintiff's age and complaints of unlawful conduct, Defendant CKE terminated Plaintiff's employment. 12, On March 19, 2015, Plaintiff filed a charge with the State of California, Department of Fair Employment and Housing. The Department of Fair Employment and Housing issued a right to sue letter on the same day. FIRST CAUSE OF ACTION AGE DISCRIMINATION IN VIOLATION OF GOVT. CODE § 12940 ET SEQ. (Against all Defendants) 13, Plaintiff realleges and incorporates by reference paragraphs 1 though 12, inclusive, of this Complaint as if fully set forth herein. 14, Atall times herein mentioned, California Government Code § 12940 et seq. was in full force and effect and was binding on Defendants and each of them, as Defendants regularly ‘employed five (5) or more persons. 15. Defendants discriminated against Plaintiff on account of Plaintiff's age. 16, Asaproximate result of Defendants’ conduct, Plaintiff has suffered and will ‘continue fo suffer actual, consequential and incidental damages, including but not limited to, loss of wages and benefits, and the intangible loss of employment related opportunities in Plaintiff's field and damage to Plaintiff's professional reputation, all in an amount subject to proof at the time of trial, Plaintiff claims such amounts as damages pursuant to California Civil Code §§ 3287 and/or 3288 and/or any other provisions of law providing for prejudgment interest. 17, Asa proximate result of Defendants’ conduct, Plaintiff has suffered and will || continue'to suffer emotional distress, humiliation, mental anguish and embarrassment, as well as the manifestation of physical symptoms. Upon information and belief, Plaintiff alleges that Plaintiff will continue to experience said physical and emotional suffering for a period in the —d- COMPLAINT10 un 2 B 4 18 16 7 18 19 20 2 2 23 24 25 26 27 28 future not presently ascertainable, all in an amount subject to proof at trial. 18. Asa proximate result of Defendants’ conduet, Plaintiff has been forced to hire |] attorneys to prosecute the claims asserted herein and has incurred and is expected to continue to incur attorneys’ fees and costs in connection therewith. Plaintiff is entitled to recover attorneys’ fees and costs pursuant to California Government Code § 12965. 19, In committing the acts alleged herein, Defendants have engaged in oppression, fraud and/or malice pursuant to California Civil Code § 3294, thereby entitling Plaintiff to punitive damages in a sum appropriate under the law. ‘The acts of oppression, fraud and/or malice were engaged in by the officers, direotors and/or employees of Defendants, Each Defendant aided, abetted, participated in, authorized, ratified, and/or conspired to engage in the wrongful conducted alleged in this Complaint. As such, Plaintiff should be awarded exemplary and punitive damages against each Defendant in an amount that is appropriate to punish each Defendant and deter others from engaging in such conduct. SECOND CAUSE OF ACTION, FAILURE TO PREVENT DISCRIMINATION IN VIOLATION OF GOVT. CODE § 12940 ET SEQ. (Against all Defendants) 20. Plaintiff realleges and incorporates by reference paragraphs 1 though 12, inclusive, of this Complaint as if fully set forth herein. 2b At all times herein mentioned, California Government Code § 12940 et seq. was in full force and effect and was binding on Defendants and each of them, as Defendants regularly employed five (5) or more persons. California Government Code § 12940(k) requires employers to take all reasonable steps necessary to prevent discrimination and harassment from occurring, 22, Despite Plaintiff's request for reasonable accommodation and efforts to engage in the interactive process, Defendants willfully failed to take any actions to prevent discrimination from occurring. Instead, Defendants pursued discriminatory actions against Plaintiff, including terminating Plaintifi’s employment. 23. Asa proximate result of Defendants’ conduct, Plaintiff has suffered and will 4 COMPLAINT10 it 2 13 4 15 16 7 18 19 20 a 22 23 24 25 26 27 28 continue to suffer actual, consequemiial and incidental damages, including but not limited to, loss of wages and benefits, and the intangible loss of employment related opportunities in Plaintiff's field and damage to Plaintiff's professional reputation, all in an amount subject to proof at the time of trial. Plaintiff claims such amounts as damages pursuant to California Civil Code §§ 3287 and/or 3288 and/or any other provisions of law providing for prejudgment interest. 24. As a proximate result of Defendants’ conduct, Plaintiff has suffered and will continue to suffer emotional distress, humiliation, mental anguish and embarrassment, as well as the manifestation of physical symptoms. Upon information and belief, Plaintiff alleges that Plaintiff will continue to experience said physical and emotional suffering for a period in the future not presently ascertainable, all in an amount subject to proof at trial, 23, Asa proximate result of Defendants’ conduct, Plaintiff has been forced to hire attormeys to prosecute the claims asserted herein and has incurred and is expected to continue to incur attomeys’ fees and costs in connection therewith. Plaintiff is entitled to recover attorneys’ fees and costs pursuant to California Government Code § 12965. 26. In committing the acts alleged herein, Defendants have engaged in oppression, fraud and/or malice pursuant to California Civil Code § 3294, thereby entitling Plaintiff 10 punitive damages in a sum appropriate under the law. The acts of oppression, fraud and/or malice were engaged in by the officers, directors and/or employees of Defendants. Bach Defendant aided, abetted, participated in, authorized, ratified, and/or conspired to engage in the wrongful conducted alleged in this Complaint. As such, Plaintiff should be awarded exemplary and punitive damages against each Defendant in an amount that is appropriate to punish each Defendant and deter others from engaging in such conduct. THIRD CAUSE OF ACTION VIOLATION OF LABOR CODE § 1102.5 (Against all Defendants) 27. Plaintiff realleges and incorporates by reference paragraphs 1 though 12, inclusive, of this Complaint as if fully set forth herein, 28. Plaintiff engaged in protective activity when she reported allegedly unlawful COMPLAINT10 iL 2 13 4 15 16 a7 18 9 20 a 2 23 24 28 26 27 28 conduct, 29. Defendants wrongfully terminated Plaintiff's employment as a result of her protected activity in violation of California Labor Code § 1102.5. 30, Asa proximate result of Defendants’ conduct, Plaintiff has suffered and will continue to suffer actual, consequential and incidental damages, including but not limited to, loss of wages and benefits, and the intangible loss of employment related opportunities in Plaintis?’s field and damage to Plaintiff's professional reputation, all in an amount subject to proof at the time of trial. Plaintiff claims such amounts as damages pursuant to California Civil Code §§ 3287 and/or 3288 and/or any other provisions of law providing for prejudgment interest. 31, Asa proximate result of Defendants’ conduct, Plaintiff has suffered and will continue to suffer emotional distress, humiliation, mental anguish and embarrassment, as well as the manifestation of physical symptoms. Upon information and belief, Plaintiff alleges that Plaintiff will continue to experience said physical and emotional suffering for a period in the future not presently ascertainable, all in an amount subject to proof at trial. 32. As a proximate result of Defendants’ conduct, Plaintiff has been forced to hire attorneys to prosecute the claims asserted herein and has incurred and is expected to continue to incur attomeys? fees and costs in connection therewith. Plaintiff is entitled to recover attorneys’ fees and costs. 33, In committing the acts alleged herein, Defendants have engaged in oppression, fraud and/or malice pursuant to Califomia Civil Code § 3294, thereby entitling Plaintiff to punitive damages in a sum appropriate under the law. The acts of oppression, fraud and/or malice ‘were engaged in by the officers, directors and/or employees of Defendants. Each Defendant aided, abetted, participated in, authorized, ratified, and/or conspired to engage in the wrongful conducted alleged in this Complaint. As such, Plaintiff should be awarded exemplary and punitive damages against each Defendant in an amount that is appropriate to punish each Defendant and deter others from engaging in such conduct. 6 COMPLAINT34, 35. effect and was 36. 37. protected activ 38. 39. 40. } fees and costs. 41. FOURTH CAUSE OF ACTION VIOLATION OF LABOR CODE § 232.5 (Against all Defendants) Plaintiff realloges and incorporates by reference paragraphs 1 though 12, inclusive, of this Complaint as if fully set forth herein. Atall times mentioned herein, California Labor Code § 232.5 was in full force and binding on Defendants, California Labor Code § 232.5 prohibits an employer from discharging, formally disciplining, or otherwise discriminating against an employee who disclosed information about the employer's working conditions. Defendants wrongfully terminated Plaintiff's employment as a result of her ty in violation of California Labor Code § 232.5, Asa proximate result of Defendants’ conduct, Plaintiff has suffered and will continue to suffer actual, consequential and incidental damages, including but not limited to, loss of wages and benefits, and the intangible loss of employment related opportunities in Plaintif?'s field and damage to Plaintiff's professional reputation, all in an amount subject to proof at the time of trial. Plaintiff claims such amounts as damages pursuant to California Civil Code §§ 3287 and/or 3288 and/or any other provisions of law providing for prejudgment interest. As a proximate result of Defendants” conduct, Plaintiff has suffered and will continue to suffer emotional distress, humiliation, mental anguish and embarrassment, as well as the manifestation of physical symptoms. Upon information and belief, Plaintiff alleges that Plaintiff will continue to experience said physical and emotional suffering for a period in the future not presently ascertainable, all in an amount subject to proof at trial. Asa proximate result of Defendants’ conduct, Plaintiff has been forced to hire attorneys to prosecute the claims asserted herein and has incurred and is expected to continue to incur attomeys’ fees and costs in connection therewith. Plaintiff is entitled to recover attorneys’ In committing the acts alleged herein, Defendants have engaged in oppression, 1 COMPLAINTeer an eon 0 ul 2 1B 4 15 16 "7 18), | 20 a n 23 24) 25 26 21 28 fraud and/or malice pursuant to California Civil Code § 3294, thereby entitling Plaintiff to punitive damages in a sum appropriate under the law. The acts of oppression, fraud and/or malice were engaged in by the officers, directors and/or employees of Defendants. Each Defendant aided, abetted, participated in, authorized, ratified, and/or conspired to engage in the wrongful conducted alleged in this Complaint. As such, Plaintiff should be awarded exemplary and punitive damages against each Defendant in an amount that is appropriate to punish each Defendant and deter others from engaging in such conduct, FIFTH CAUSE OF ACTION VIOLATION OF LABOR CODE § 6310 (Against all Defendants) 42, Plaintiff realleges and incorporates by reference paragraphs | though 12, inclusive, of this Complaint as if fully set forth herein 43. At all times mentioned herein, California Labor Code § 6310 was in full force and effect and was binding on Defendants 44, California Labor Code § 6310 protects employees from retaliation for complaining about an employer’s safety or health conditions or standards. 45. Defendants wrongfully terminated Plaintiff's employment as a result of her protected activity in violation of California Labor Code § 6310. 46. Asa proximate result of Defendants? conduct, Plaintiff has suffered and will continue to suffer actual, consequential and incidental damages, including but not limited to, loss of wages and benefits, and the intangible loss of employment related opportunities in Plaintiff's field and damage to Plaintiff's professional reputation, all in an amount subject to proof at the time of trial. Plaintiff claims such amounts as damages pursuant to California Civil Code §§ 3287 and/or 3288 and/or any other provisions of law providing for prejudgment interest 47. Asa proximate result of Defendants’ conduct, Plaintiff has suffered and will continue to suffer emotional distress, humiliation, mental anguish and embarrassment, as well as the manifestation of physical symptoms. Upon information and belief, Plaintiff alleges that Plaintiff will continue to experience said physical and emotional suffering for a period in the COMPLAINTwee we ee ae 10 i 2 13 4 1s 16 a7 1B 1» 20 a 2 23 24 25 26 27 28 future not presently ascertainable, all in an amount subject to proof at trial. 48, Asa proximate result of Defendants’ conduct, Plaintiff has been forced to hire attomeys to prosecute the claims asserted herein and has incurred and is expected to continue to incur attorneys" fees and costs in connection therewith, Plaintiffs entitled to recover attorneys” fees and costs. 49. In committing the acts alleged herein, Defendants have engaged in oppression, fraud and/or malice pursuant to California Civil Code § 3294, thereby entitling Plaintiff to punitive damages in a sum appropriate under the law. The acts of oppression, fraud and/or malice were engaged in by the officers, directors and/or employees of Defendants. Each Defendant aided, abetted, participated in, authorized, ratified, and/or conspired to engage in the wrongful conducted alleged in this Complaint. As such, Plaintiff should be awarded exemplary and punitive damages against each Defendant in an amount that is appropriate to punish each Defendant and deter others from engaging in such conduct. SIXTH CAUSE OF ACTION WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY (Against all Defendants) 50. Plaintiff realleges and incorporates by reference paragraphs 1 though 12, inclusive, of this Complaint as if fully set forth herein, 51. tall times mentioned, the publie policy of the State of California, as codified, expressed and mandated in California Government Code § 12940 et seq., is to prohibit employers from engaging in the conduct alleged herein, This publie policy is designed to protect all employees and to promote the welfare and well-being of the community at large. Accordingly, the actions of Defendants, and each of them, in terminating Plaintiff on the grounds alleged herein ‘were wrongful and in contravention of the express public policy of the State of California. 52. _Atall times mentioned, the public policy of the State of Califomia, as codified, expressed and mandated in California Labor Code § 1102.5, is to prohibit employers from. engaging in the conduct alleged herein. This public poticy is designed to protect all employees ‘and to promote the welfare and well-being of the community at large. Accordingly, the actions of 9 COMPLAINT10 cn 12 13 14 16 7 18 19 20 a 22 23 24 25 26 27 28 ‘Defendants, and each of them, in terminating Plaintiff on the grounds alleged herein were ‘wrongful and in contravention of the express public policy of the State of California, 53. Atall times mentioned, the public policy of the State of California, es codified, expressed and mandated in California Labor Code § 232.5, is to prohibit employers from engaging in the conduct alleged herein. This public policy is designed to protect all employees and to promote the welfare and well-being of the community at large. Accordingly, the actions of Defendants, and each of them, in terminating Plaintif'on the grounds alleged herein were wrongful and in contravention of the express public policy of the State of California, 54. tall times mentioned, the public policy of the State of California, as codified, expressed and mandated in California Labor Code § 6310, is to prohibit employers from engaging in the conduct alleged herein, This public policy is designed to protect all employees and to promote the welfare and well-being of the community at large. Accordingly, the actions of Defendants, and each of them, in terminating Plaintiff on the grounds alleged herein were ‘wrongful and in contravention of the express public policy of the State of California 55. Asa proximate result of Defendants’ conduct, Plaintiff has suffered and will continue to suffer actual, consequential and incidental damages, including but not limited to, loss of wages and benefits, and the intangible loss of employment related opportunities in Plaintisi’s field and damage to Plaintiff's professional reputation, all in an amount subject to proof at the time of trial. Plaintiff claims such amounts es damages pursuant (o California Civil Code §§ 3287 and/or 3288 and/or any other provisions of law providing for prejudgment interest. 56. As a proximate result of Defendants’ conduct, Plaintiff has suffered and will continue to suffer emotional distress, humiliation, mental anguish and embarrassment, as well as the manifestation of physical symptoms. Upon information and belief, Plaintiff alleges that Plaintiff will continue to experience said physical and emotional suffering for a period in the future not presently ascertainable, all in an amount subject to proof at trial. 57. Incommniitting the acts alleged herein, Defendants have engaged in oppression, fraud and/or malice pursuant to California Civil Code § 3294, thereby entitling Plaintiff to punitive damages in a sum appropriate under the law. The acts of oppression, fraud and/or malice 10. COMPLAINTwere engaged in by the officers, directors and/or employees of Defendants, Each Defendant aided, abetted, participated in, authorized, ratified, and/or conspired to engage in the wrongful conducted alleged in this Complaint, As such, Plaintiff should be awarded exemplary and punitive damages against each Defendant in an amount that is appropriate to punish each Defendant and deter others from engaging in such conduct. WHEREFORE, Plaintiff prays for judgment as follows: 1. For general damages, including emotional distress damages, according to proof and in an amount within the jurisdiction limits of this Court; 2. For special damages according to proof and in an amount within the jurisdiction limits of this Court; 3. For compensatory damages according to proof and in an amount within the jurisdiction limits of this Court; 4. For punitive damages, according to proof on each cause of action which such damages are available; For penalties as appropriate; For prejudgment interest, according to proof, For reasonable attomeys’ fees and costs incurred herein; and For such other relief as the Court may deem just and proper. DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury. DATED: March 17, 2016 N.SARRIS LAW, APC By: /s/ Nicholas W. Saris, Nicholas W. Sarris Attomey for Plaintis im COMPLAINTPROOF OF SERVICESUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA ete Ea STREETADORESS: 1100 Anacapa Street SERBIA SPER EERE errvaNozm coos: Santa Barbara CA 83101 Gee MAR 2.1 2018 carrion Dar, er ate Gona Castellon vs CKE Restaurants Holdings, Inc. we ae ORDER AND NOTICE OF CASE ASSIGNMENT; pee NOTICE OF CASE MANAGEMENT CONFERENCE ‘The above case is hereby assigned to Judge Thomas P Anderle for ALL purposes, inciuding trial. All future matters, Including ex-parte matters, are to be scheduled with the assigned judge. Counsel shail include the name of the assigned Judge in the caption of every decument fled with the court. The above-entitled case is hereby ordered set for: Case Management Conference on 07/19/2016 at 8:30 AM in SB Dept 3 at the court address above. PLAINTIFF SHALL GIVE NOTICE of this assignment to ALL parties brought into the case, Including but not limited to defendants, cross-defendants and intervenors. A Proof of Service of this ORDER & NOTICE OF CASE ASSIGNMENT is to be filed with the Court within five (8) working days after service. Failure to give notice and file proof thereof or failure to ‘appear may result in the imposition of sanctions. Pursuant to California Rule of Court 3.725, no later than fiteen (16) calendar days before the date set for the Case Management Conference, each party must flle a Case Management ‘Statement (Judicial Council form CM110). In feu of each party fling @ separate Case Management Statement, any two or ‘more parties may fle a joint statement. At the Court's discretion counsel, parties and insurance representatives (if any) with full settement authority may be required to attend a CADRe Information Meeting within ten (10) days of the Conference date, Dated: 3/18/2016 ‘Judge of the Superior Court James E. Herman CLERK'S CERTIFICATE OF MAILING | certify that | am not a party to this action and that a true copy of the foregoing was mailed first class, postage prepaid, in ‘a sealed envelope addressed as shown, and that the mailing of the "Gs ‘execution of this certificate cccurred at (place); Santa Barbara, California on: 03/21/16. Darrel E, Parker, Executive Officer By farrell Sean Ss Clerk Nicholas W Sartis Peoker & Abramson PC 1875 Century Park East Ste 550 Los Angeles CA 90067 '8C-2028 (Rav. 71702), ORDER & NOTICE OF CASE ASSIGNMENT Loca! Rue 1309 NOTICE OF CASE MANAGEMENT CONFERENCE eRe 3.222SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA. ror ee EY STREETADORESS: 1100 Anacapa Street SUPERIOR COURT of CALIFORN: ‘crvanoz cone: Sania Barbara CA 63101 COUNTY OF GANTA BARBARA [BRANCH NAME: Anacapa MAR 2 4 2016 CAPTION bar Gena Castellon ve CKE Restaurants Holdings, Inc, By. (AMENDED) ORDER AND NOTICE OF CASE ASSIGNMENT; ‘seevertie — NOTICE OF CASE MANAGEMENT CONFERENCE a8 \ ‘The above case is hereby assigned to Judge Thomas P Anderle for ALL purposes, including trial. All future matters, including ex-parte matters, are to be scheduled with the assigned judge. Counsel shail include the name of the assigneo— Judge in the caption of every document fied with the court. The above-entitied case is hereby ordered set for. __ ‘Case Management Conference on 07/19/2016 at 8:30 AM in SB Dept 3 at tha court address above. PLAINTIFF SHALL GIVE NOTICE of this assignment to ALL parties brought into the case, including but not limited to defendants, cross-defendants and intervencrs, A Proof of Service of this ORDER & NOTICE OF CASE ASSIGNMENT is to be filed with the Court within five (6) working days after service. Failure to give notice and file proof thereof or failure to ‘appear may result In the Imposition of sanctions, Pursuant to California Rule of Court 3.726, no later than fifteen (18) calender days before the date set for the Case Management Conference, each party must fie a Case Management Statement (Judicial Council form CM110). In lieu of each party fling @ separate Case Management Statement, any two or more parties may fle a joint statement. At the Court's discretion counsel, parties and insurance representatives (if any) with full settlement authority may be required to attend a CADRe information Meeting within ten (10) days of the Conference date. Dated: 3/24/2016 Judge of the Superior Court James €, Herman ee (CLERK'S CERTIFICATE OF MAILING | certify that | am not a party to this action and that a true copy of the foregoing was mailed fi ‘a sealed envelope addressed as shown, and that the mailing ofthe foregai (place): Santa Barbara, California on: 03/24/16. ass, postage prepaid, in iorfor his certificate occurred at Darrel €. Parker, Executive Officer By Deputy Clerk Nicholas W Saris N Sarris Law APC. 2845 Townsgate Rd #200 ‘Westlake Vilage CA 91381 LL ‘80-2028 Rav. 7/102], ORDER & NOTICE OF CASE ASSIGNMENT Local Rute 1308 NOTICE OF CASE MANAGEMENT CONFERENCE oRO3.222POs.010 4 enol SEN SSB I5™ Sa Barro wba "FoR COURT ORE ONY L NSamis Laws, 2945 Townapate Road, Suite 290 ELECTRONICALLY FILED Westlake Vilage, California 91361 /Superior Court of California ‘etePione no: 805-267-7150 FAXNO (Cetionsy: 805-230-2224 County of Santa Barbara fae ee ocean Darrel E. Parker, Executive Officer ATTORNEY FoR tana) Geena Castellon SUPERIOR COURT OF FAT RaN, cONQiTY QF Sala Barbara 4/28/2016 8:51:03 AM STREET ADDRESS. By: Narzralli Baksh, Deputy mumesooress: 1100 Anacapa Street ervasoze cone. Santa Barbara 93101 srancinave. Anacapa PLANTIFF/PETITIONER; Gena Castellon perpen DEFENDANTRESPONDENT, CKE Restaurant Holdings, Inc. 16Cvo1lis [Ret No, oF Fi No: + PROOF OF SERVICE OF SUMMONS | - } (Sepa proof of ences eauted foreach pay Saved) Se cy ithe time of service | was at least 18 years of age and not a paty to this action, a 2. | served copies of QUESTIONABLE complaint c. [7] Alternative Dispute Resolution (ADR) package Gil Case Cover Sheet (Served in complex cases only) [J cross-compiaint other (specify documents): Order & Notice of Case Assignment; Notice of Case Management Conf. 3. a. Panty served (specily name of party as shown on documents served) CKE Restaurant Holdings, Inc. b, [#1] Person (other than the party in tem 3a) served on behaff of an entity or as an authorized agent (and not a person Lunder item Sb on whomn substituted service was made) (specify name and relationship to the party named in tam 3a): Scott Ferrell 4. Addross where the party was served: Served via email per the parties stipulation at sferrell@trialnewport.com 5, | served the party (chook proper bor) a, [J by personal service. | personally delivered the documents listed in item 2 tothe party or person authorized to receive sence of process forthe party (1) on (dat) 2) at time: b. [71 by substituted service. On (dete): at (time): 1 eft the documents lis in the presence of (name and title or relationship to person indicated in item 3): 3d in tern 2 with or () [2] Qusiness) a person atleast 18 years of age apparently In charge at the office or usual place of business ‘ofthe person to be served. | informed him or her of the general nature ofthe papers, (2) [77] (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode ofthe party informed him or her of the general nature ofthe papers. @) [1 @hysical address unknown) a person at east 18 years of age apparent in charge atthe usual mailing address ofthe person to be served, ther than a United States Postal Service post ofce box. | informed him or her ofthe general nature ofthe papers. (4) [J I thereater mailed (by first-class, postage prepatd) copies of the documents tothe person to be served at the place where the copias were left (Code Civ. Proc., § 415.20). | mailed the documents on (date): from (city) or LJ a declaration of mang i attached. © [1 attach a dectaration of diligence stating actions taken first to attempt personal service, Tom aaa aren Om PROOF OF SERVIGE OF SUMMONS errr “ite Crate Cntr POSH few rosy 207][" Pannermennonen Gena Castellon ~ SE aE 6CVOLIIE [bercnoantinesponvent. CKE Restaurant Holdings, Inc, eek 5, c. [7] bymall and acknowledgment of receipt of service. | mailed the documents listed in tem 2 tothe party to the address shown in tem 4, by first-class mai, postage prepaid, (1) on (date): (2) from (ity) ©) [1] with two copies of the Notice and Acknowledgment of Receipt and a postege-paidretum envelope addrossed tome, (Atach completed Notice and Acknowledgement of Receipl,) (Code Civ. Proc.,§ 415.30.) @) (7) toan address outside California with return receipt requasted. (Code Civ, Proc, § 415.40.) ‘pyaar means (spac means of seran and ayhorsng cone soto he parties consentéd'to service via email in fiew Of personal service on counsel for CKE Restaurant Holdings, Inc. via email. Service was effectuated on April 6, 2016 and receipt was confirmed by counsel on April 6, 2016. (1 Adaitional page describing service is attached, 8. The"Natice to the Person Served" (onthe summons) was completed as flows: 2. L-] es an hdvidual defendant ©. EJ] osthe person sued under he fcttious name of (pect) & [J ae eocupant 4. C4] onbenat ot (speci under the folowing Code of Cuil Procedure section: [ZI 416.10 (corporation) [3 416.95 (business organization, form unknown) 1 416.20 (detunct corporation) 41860 (minor) 5 418.20 Goint stock companylassectation) C=] 416.70 (ward or conservatee) 1 416.40 (association or partnership) © 416.90 (authorized person) i 416.50 (public entiy) 5 415.46 (occupant Ti other 7. Person who served papers Name: Nicholas W. Sarris Address: 2945 Townsgate Road, Suite 200, Westlake Village, California 91361 Telephone number: 805-267-7150 The fee for service was: $ 0. tam: (1) [nota resistered Caifornis process server @) [4] exempt trom registration under Business and Professions Code section 22360(b). (8) [1 aresistered Celtforia process server: © TJ owner Jemployee [2] independent contractor. (Registration No (i) County 8. [Z1_Ideclare under penalty of perjury under the lave ofthe State of California that the foregoing is rue and corect. o 8.) am a cattomiasherif or marshal and ceri hat he fxeaings tue anton bate: April 27, 2016 7 ae Lt, Nicholas W. Saris > Lz a 7 ‘Ran OF PERSON WD SERVED PAPERGRRERIT OR HARGTAD) asaTRET . J Post RW Bay ma PROOF OF SERVICE OF SUMMONS PeeCe Yaw eke wD 10 tL 2 1B “4 15 16 7 8 19 20 21 2 2B a 25 6 27 28 ison aoe ELECTRONICALLY FILED STRADLING YOCCA CARLSON & RAUTH, P.C. Superior Court of California Jeffrey A. Dinkin, State Bar No, 111422 Gdinkin@sycr.com) County of Santa Barbara Nicole Zajack, State Bar No. 251128 Darrel E. Parker, Executive Officer {nzajack@syer.com) 5/2/2016 4:37:49 PM ‘Anacapa Street, Suite A By: Terri Chavez, Deputy Santa Barbara, California 93101 Telephone: ”(805) 730-6800 Facsimile: (805) 730-< Attorneys for Defendant CKE Restaurants Holdings, Inc, SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA GENA CASTELLON, an individual, Case No.: 16CVOLII8 Plaintifis, Honorable Thomas P. Anderle v. CKE RESTAURANTS HOLDINGS, —_ | DEFENDANTS’ GENERAL DENIAL AND INC. a Delaware Corporation, and DOES_| AFFIRMATIVE DEFENSES TO PLAINTIFF'S 1 through 25, inclusive, COMPLAINT i Defendants. Defendant CKE Restaurant Holdings, Inc. ("Defendant") hereby responds to Plaintiff Gena Castellon’s ("Plaintiff's") unverified Complaint (the “Complaint”) as follows: 1. Pursuant to California Code of Civil Procedure Section 431.30, Defendant generally denies each and every material allegation set forth in the Complaint, 2. Defendant further alleges the following separate and distinct Affirmative Defenses to the causes of action alleged in the Complaint FIRST AFFIRMATIVE DEFENSE Plaintiff's Complaint, and every cause of action contained therein, fails to state facts sufficient to state a cause of action, SECOND AFFIRMATIVE DEFENSE Plaintiffs claims, and each of them, arc barred by the applicable statutes of limitation, including but not limited to those set forth in Code of Civil Procedure sections 335.1, 338(a), and 343, and Government Code sections 12960(d) and 12965(b), ie ‘DBFENDANT'S GENERAL DENIAL AND AFFIRMATIVE DEFENSES TO FIRST AMENDED COMPLAINT Docsswrw4271v1/018211-020827 28 Semantixe Yocea (CARLSON & RAUTHE THIRD AFFIRMATIVE DEFENSE Plaintiff's claims, and each of them, are barred by the doctrine of laches, FOURTH AFFIRMATIVE DEFENSE Plaintiffs claims, and each of them, are barred by the doctrine of unclean hands. FIFTH AFFIRMATIVE DEFENSE Plaintiff's claims, and each of them, are barred by the doctrine of waiver. SIXTH AFFIRMATIVE DEFENSE Plaintiff's claims, and each of them, are barred by the fact that Plaintiff failed to exhaust her administrative remedies, SEVENTH AFFIRMATIVE DEFENSE, Plaintiffs remedies for any alleged conduct of Defendant are limited, in whole or in part, by the doctrine of after-acquired evidence. EIGHTH AFFIRMATIVE DEFENSE Plaintiff, by reason of her own acts, omissions, representations and courses of conduct, is estopped from asserting, and has waived any right to assert, her claims, and each of them, against ‘Defendant. NINTH AFFIRMATIVE DEFENSE Plaintiff's claims, and each of them, are barred, in whole or in part, because Plaintiff lacks| standing to state the claims alleged and/or to enforce the laws and regulations allegedly violated. ‘TENTH AFFIRMATIVE DEFENSE Plaintiff's claims, and each of them, are barred by the fact that Defendant had legitimate, non-discrimfnatory and non-retaliatory reasons for all employment actions taken with respect to Plaintiff ELEVENTH AFFIRMATIVE DEFENSE Plaintiffs claims, and each of them, are barred by Plaintiff's ratification of or consent to the actions allegedly undertaken by Defendant, 2 DEFENDANT'S GENERAL DENIAL AND AFFIRMATIVE DEFENSES T0 COMPLAINT DOCssBi842711/018211-02081 TWELETH AFFIRMATIVE DEFENSE, 2 To the extent that Plaintiff has suffered physical or mental injuries — including "emotional 3 || distress" — because of Defendant's conduct, any such damages suffered by Plaintiff are within the 4 || exclusive jurisdiction of the Workers! Compensation Appeals Board by operation of California 5 |] Labor Code section 3200 er seg, 6 THIRTEENTH AFFIRMATIVE DEFENSE 1 ‘No act or omission of Defendant was a substantial or contributing factor in bringing 8 |]about any condition which caused or contributed to Plaintif?'s damages, if any. 9 FOURTEENTH AFFIRMATIVE DEFENSE 0 Any act or omission of Defendant alleged to be a substantial or contributing factor in 11 |/bringing about any condition waich caused or contributed to PlaintifP's damages, ifany, was 12 || superseded by the acts or omissions of Plaintiff or other persons, which acts or omissions were 13 |) the independent intervening and proximate causes of Plaintiff's damages, if any. 4 FIFTEENTH AFFIRMATIVE DEFENSE 15 To the extent that Plaintiff has received other benefits and/or awards attributable to an 16 |] injury for which Plaintiff seeks compensation in this case, such benefits and/or awards should 17 |) offset, in whole or in part, any award Plaintiff receives here for the same injury. 18 SIXTEENTH AFFIRMATIVE DEFENSE. 19 Plaintiffs claims, and each of them, are subject to sctof¥, offset, and/or recoupment 20 || including, but limited to, for moneys paid to Plaintiff that exceeded any amounts to which 21 || Plaintiff was entitled. 22 SEVENTEENTH AFFIRMATIVE DEFENSE, 2B Plaintiff has failed to mitigate her damages, if any, as required by law. 24 EIGHTEENTH AFFIRMATIVE DEFENSE 25 PlaintifP's prayer for punitive damages is unconstitutional because it violates the due 26 || process clause of the Fourteenth Amendment to the Constitution of the United States and/or 27 || Section 7 of Axticle I of the Constitution of the State of California. 28 Srmapune Yorca CARLSON 2 RAUTiE oe sean DEFENDANT'S GENERAL DENIAL AND AFFIRMATIVE DEFAI ‘DOCSSB/1271v1/018211-0208NINETEENTH AFFIRMATIVE DEFENSE, 2 Plaintiffs prayet for punitive damages is unconstitutional because it violates the 3 || excessive fines clause of the Eighth Amendment to the Constitution of the United States and/or 4 || Scction 17 of Article I of the Constitution of the State of California. 5 ‘TWENTIETH AFFIRMATIVE DEFENSE 6 Plaintiff's claims, and each of them, are barred by the fact that they axe frivolous, 7 | designed to harass and annoy Defendant, and are not brought in good faith. Defendant is thus 8 || entitled to recover from Plaintiff its attorneys? fees expended in defending this action. 9 WHEREFORE, Defendant preys as follow: 10 1. For entry of judgment in favor of Defendant and against Plaintiff rar 2. That Plaintiff take nothing by way of her Complaint; 12 3. ‘That Defendant be awarded costs of suit herein; 13 4. That Defendant be awarded its actual attorney fees incurred in defending this suit 14 || to the extent allowed under law; and 15 5. For such other and further relief as this Court may deem just and proper. 16 17 || Dated: May 2, 2016 STRADLING YOCCA CARLSON & RAUTH, P.C. 18 | | x > ys for Defendants RP BRR RB 27 28 STRADLING Yooea Cantson & Rav + i hn, DEFENDANT'S GENERAL DENIAL AND AFFIRMATIVE DEFENSES TO COMPLAINT ocsspee27ivi/oieai1-o208wR ww ary 10 u 12 13 4 15 16 W 18 19 20 a 2 2B 4 25 26 27 | 28 Smmapuna Yoocs CARLSON & RAUTiL PROOF OF SERVICE ‘STATE OF CALIFORNIA > dss COUNTY OF SANTA BARBARA) Tam a resident of the State of California, over the age of eighteen years, and not a party to the within action, My business address is 800 Anacape Street, Suite A, Santa Barbara, California. On May 2, 2016, I served the within documents: DEFENDANTS’ GENERAL DENIAL AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT. sent such document from facsimile machine on I certify that said ‘transmission was completed and that all pages wer® received and that a report was generated by facsimile machine which confirms said transmission and receipt. 1, thereafter, mailed a copy to the interested party(ies) in this action by placing a true copy thereof enclosed in sealed envelope(s) addressed to the party(des) listed below. by placing the document(s) listed above in # sealed envelope, with postage thereon fully prepaid, in the United States mail at 800 Anacapa Street, Suite A, Santa Barbara, California 93101, and addressed as set forth below. O__ by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. by placing the document(s) listed above in a sealed FEDERAL EXPRESS package for overnight delivery at Santa Barbara, California addressed as set forth below. Nicholas W. Sarris N. Satris Law, APC 2945 Townsgate Road, Suite 200 Westlake Village, CA 91361 I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made, T declare under penalty of perjury under the laws of the State of California that the above is true and correct, Executed on May 2, 2016, at Santa Barbara Califomia, Se DEFENDANT'S GENERAL DENIAL AND AFFIRMATIVE DETENSES TO COMPLAINT DOCSSB/BA271y1/018211-0208cMet10 "ATTORNEY OF PARTY WITSOUT ATTORNEY lars Sas Blo nl wlio Tem couRr ose Ghar Jeffrey A. Dinkin (SBN 111422)/Nicole Zajack (SBN 21128 Stradiing Yooca Carison & Rauth 800 Anacapa Street, Suite A Santa Barbara, CA 93101 ‘exevove no: (B05) 7306800 raxwo. comin: (808) 730-8801 ELECTRONICALLY FILED Eman scones at jdinkin@syer.com/nzajack@syar com Superior Court of California _tTonvey rox pane: CKE Restaurants Holdings, Inc. ‘ounty of Santa Barbara ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARABRA jarrel E, Parker, Executive Office | smezrsconess: 1100 Anacapa Street 5/29/2016 11:54:54 AM sextane anon IBy: April Garcia, Deputy cirvavoze coce: Santa Barbara, CA 93101 sencwnne Anacapa Division | PLAINTIFFIPETTIONER: Gena Castellon | DEFENDANTIRESPONDENT: CKE Restaurants Holdings, Inc. CASE MANAGEMENT STATEMENT anne (Check one): (J UNLIMITED CASE = []__LIMITED caSE. . (Amount demandes (mount demanded i $25,000 | sxo0ede $25,000) orless) [A GASE MANAGEMENT CONFERENCE is schedule as follows: Date: 07/19/2046, Time:8:30am. Dept: 3 bw. Room: ‘Address of cour (fotferent from the address above): Notice of intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, andthe specified Information must be provided 1. Party or parties (answer one): 8. [3] The statement is submited by perty (name): CKE Restaurants Holdings, Inc. b. C1 This statement is submited jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plantife and cross-complainents only) The complaint was fled on (date): b. C1 The cross-comptaint, it any, was fled on (date) 3. Service (fo be answered by plaintiffs and oross-compleinants only) a. [1 Allpaitios names in the complaint and cross-compiaint hava been served, have appeared, orhave been dismissed. b. C1 The following parties named in the complaint or erass-complaint (1) C1 have not been served (specty names and explain why not) @ (1 have bean served but have not appeared and have not been dismiseed (specify names): @) C1 have had a defautt entered against them (specify names): © [1 The oliowing adcitional parties may be added fspocily names, nature of nvawvementin case, and date by which they may be served): 4. Description of case a. Typo of casein BZ complaint —[] cross-complaint (Describe, including causes of action): Plaintif alleges her employment was wrongfully terminated as a result of age discrimination and retaliation. Feral Nag Um CASE MANAGEMENT STATEMENT Pail One isis Sy eae rataCM-110 na See PLAINTIFFIPETITIONER: Gena Gastalion ana DEFENDANTIRESPONDENT: CKE Restaurants Holdings, ne. 4b. Frovide a biief statement of th case, Ineudng any damages. (¥ pasonel injury damoges are soul, spec tha jay end diamages claimed, including madieal axporses to dai fndoato source and amount, esiated furs moclee! rpecoes ket garnings fo dato, and estimated future fst earings: Ioqutable reli s sought. desc tte naire of to elt} Plaintiff alleges she was wrongfully terminated based on her ‘age and for submitting complaints of Defendant's alleged unlawful conduct. Plaintiff asserts violations of Labor Code sections 12840, 1102.6, 285 5. and oaro: Plaintiff also alleges discharge in violation of public policy. Plaintiff seeks general damages, special damages, compensatory damages and puntive damages. Defendant denies plainti's allegations and asserts that t reg acted In accordance with ail legal requirements. 11 ttmore space is needed, check tis box and atach a page designeted es Atachment 4b) 5. Jury or nonjury tral Thearty or partes request C] ajuy at BX anonjury tal. lfmor than ono party, provide th name of each poly requesting a jury te): 6. Trial date 2, [1 The trial has been set for (date)e ©. Roa! dato has been set. This case wil be ready fora within 2 month of the date othe fing of he complaint (i no, explain): © Dates on which parties or attorneys will nt be avalabe for tal (specty dates and exolainreesons for unavatabitty): 7. Estimated length of tral ‘Tho party or parties estimate thatthe tial will take (chook one): a, BQ cays (speoly number): 3-5 ». D1 hours (short causes) (speci): 8, Trial representation (to be answered for each party) ‘The party or parties wil be represented at trial BY by tho attorney or party fisted in the caption C} by the following: a. Attomey: Fiery ©. Address: 6. Telephone number: f Fexnumber: fe. E-mail address: 9. Party represented C2 Adana representation is described in tachment 8 8. Preference ‘This case is ented to preference (gpecity cod section) 10, Alternative dispute resolution (ADR) ADR Information package, Please note that diferent ADR processes are avaliable in diferent courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the procestas available through the court and community programs inthis case. (1 Fer parties represented by counsel: Counsel KX] has (]_ has not provided the ADR information package identified in rule 3.221 to the cliont and reviewed ADR options withthe client. @ For seltepresented parties: Party [] has [-] has not reviewed the ADR informetion package identified In rule 3.224 b. Referral to judicial arbitration or civil action mediation (i eveilabe), ) T_This matter is subject to mandatory juccalartration under Code of Cvi Procedure section 1141.11 orf cv action mediation under Code of Cull Procedure section 1775.3 because the amount in controversy doos net exceed the Statutory iit (@) 0) Plains tects to refer tis case to jucclal arbitation and agrees to limi recovery othe amount specifi in Code of Gill Procedure section 1141.14. (9) This case is exempt from judica arbitration under rulo 3.81 ofthe Calfomia Rules of Court or rom ei action ‘mediation under Gode of Civil Procedure section 1776 et seq, (spocily exemption): Caray CASE MANAGEMENT STATEMENT = saancmt10 __ PLAINTIFFIPETITIONER: Gena Castellon aeons RESPONDENT: CKE Restaurants Holdings, Inc. 10. 6. Indicate the ADR process or processes that the pary or partes are willing to partspate in, have agreed to pertcpet in, or have already participated in (check all that apply and provide the speciied Information): ‘The party or partos completing | Ifthe paty or partes completing this form in tho case have agreed to this form are willing to pericipate in or have already completed an ADR process or process, participate Inthe following ADR | incicate the status of te processes (attagh a copy of tho partie’ ADR processes (check al that apply):| stbuteton): C1 Mediation session not yet scheduled (1 Mediation sassion scheduled for (date): (1) Mediation a Agreed to complete mediation by date): Mediation comploted on (date): Settlement conference not yet scheduled 2) Setiement a 1 settement conforance scheduled for (date): comerene Agreed to compiote sotlemont conference by (date) : 1 Sottiement conference completed on (date) Neutra evaluation not yet echedulod (11 Nautrel eveluation scheduled for (date): (6) Neutral evaluation a C1 Aareed to completo neutral evaluation by (dato) C1 Neutral evaluation completed on (date): C1 Jusiciet arbitration not yet schedutod (4) Nonbinetng ude oO Judicial arbitration scheduled fr (date srtration 11 Aagreed to complete juicialaritration by (date) 1. suetcit arbitration competed on (datoy 1 Private arbitration not yet scheduled (©) Binding pate a C1 Pivateeritation scheduled for (dete): eae 1 Aareed to complete private arbitration by (dato) 1 Private arbitration completed on (date): (1 ADR session not yet scheduled {© other (specipy: 7 [ADR session scheduled for (date): C1 Acted to complete ADR session by (ate) 1 ADR completed on (date): Barre wT ‘CASE MANAGEMENT STATEMENT