Scribd Logo
Загрузить

Добро пожаловать в Scribd!

  • Kang v. Limelight

    Загружено:

    THROnline
    11K просмотров24 страницы
    Filed 4/11/17

    Авторское право

    © © All Rights Reserved

    Доступные форматы

    PDF или читайте онлайн в Scribd

    Этот документ был вам полезен?

    Это неприемлемый материал?

    Пожаловаться на этот документ
    Filed 4/11/17

    Авторское право:

    © All Rights Reserved
    Скачайте в формате PDF или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    11K просмотров24 страницы

    Kang v. Limelight

    Загружено:

    THROnline
    Filed 4/11/17

    Авторское право:

    © All Rights Reserved
    Скачайте в формате PDF или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    из 24
    age 1 of 2 ' Fd a 2 a a 1s 16 n we LK PROFESSIONAL LAW JAMIE JIYOON KIM, ESQ. 2112N. MAIN ST. #290 SANTA ANA, CA 92706 ‘TEL: 714-667-0728 ATTORNEY FOR PLAINTIFF uv Free Environment; and Negligent Infliction of inclusive, and alleges as fotlows: a u a com == \ SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES ) Care Bc657239 KWON KANG, an individual ) ons } COMPLAINT FOR DAMAGES: ) 1) ASSAULT; ws. LIMELIGHT CATERING, INC, a California } >) RACIAL DISCRIMINATION Corporation; NBC UNIVERSAL, INC,a eee ce Govt. Code § Delaware Corporation; and DOES 1-10, : INCLUSIVE Sy» FAILURE TO MAINTAIN ) HAI REE Defendants. }_ ENVIRONMNET (Cal. Govt. Code § } 12940); AND 4) NEGLIGENT INFLICTION OF } EMOTIONAL DISTRESS: COMES NOW PLAINTIFF KWON KANG, an individual and hereby files this Complaint for Assault; Racial Discrimination and Harassment; Failure to Maintain Harassment= Inc., a California Corporation; NBC Universal, en (oR i. Amount recoverabe pursuant to GC g50637, \ pan elie comms 13 ie «Peres esac 0c | m= FILED eis 91 Caltomnia “Bounty of tos Angeles APR 11 2017 as Emotional Distress against Defendants Limelight Delaware Corporation and DOES 1-10, PLANT 1 oct 1 Fagor = Boo 1D = 1695079722 = Boo Typa = ont feage 2? of 20, 1 INTRODUCTION OF PARTIES 2 1. PLAINTIFF Kwon Kang (herein referred to as "PLAINTIFF") is an individual 3 || residing in the County of Orange, State of California. 4 2. DEFENDANT Limelight Catering inc. (herein referred to as "LIMELIGHT) is @ 5 || California Corporation located in the County of Los Angeles, State of California. 6 3. DEFENDANT NBC Universal, Inc. (herein referred to as "NBC" is A Delaware 1 || Corporation located in the County of Los Angeles, State of California 8 4, PLAINTIFF does not know the true and exact names and capacities of the s |) Defendants named in this action as DOES 1-10, PLAINTIFF will request permission to amend 10 || this complaint to state the true names and capacities ofthese ficttiously named defendants when 11 || they ascertain them. PLAINTIFF is informed and believes, and alleges on this ‘ground, that these 12 || fittiously named defendants are legslly responsible in some manner for the ats and omissions 19 || set forth below, and therefore are liable to them for the relief requested. u ww ITON 1s 5, Venue is proper in this judicial district, pursuant to California Code of Civil ‘1s || Procedure §§395(a) and 395.5. The defendants either reside, maintain an office, transact 17 || business, hve an agent, or are found in Orange County in the State of California, and are within 1s | the jurisdiction for purposes of service of process, ry "ATEMENT OF FACTS 2 6. Thisis a complaint by an individual for damages arising out of the outrageous af2l| oppressive and intrusive conduct of ell DEFENDANTS. PLAINTIFF seeks compensatory and 261]} punitive damages. a3] 7. PLAINTIFF is and at all times herein mentioned has worked as a background 27)|| performer on the set of Brooklyn Nine-Nine, a Television series produced by NBC. 28 8. On or about January 22, 2016, PLAINTIFF decided to buy food from ag || LIMELIGHT, a catering company located in Los Angeles, California, and it provides meals 10 21 || NBC Universal team and crew members. Doct 4 Faget 2 ~ Doo 2D = 1683079712 - Boe Type = OnIER rage 3 of 26) 1 9. Onor about January 22, 2016, PLAINTIFF decided to order an omelet for 2 || breakfast from one of LIMELIGHT trucks which served the crew members who worked onthe 3 || setof Brooklyn Nine-Nine, (4 srue and correct copy ofa photo of Limelight Truck is incorporate «¢ ||herein and labeled as Exhibit2 ) s| 10. PLAINTIFF had police uniform on which was provided by NBC atthe wardrobe | 6 || check, in regards to his role a background performer for the Brooklyn Nine-Nine series, (4 2 || rue and correct copy of a photo ofthe Uniform is incorporate herein and labeled as Exhibit I) 8 11, LIMELIGHT's employee (unknown name) refused to serve food to PLAINTIFF ¢ || after the PLAINTIFF ordered his food and he told the PLAINTIFF that he refuses to serve food 10 ||to police officers because his brother was killed by a police officer. n 12, PLAINTIFF considered the employee's refusal as a joke and asked the him again 12 |} for some food. zi 13. Soon thereafier, the crew members and other chefs started laughing when a4 |] LIMELIGHT employee refused to serve PLAINTIFF after the PLAINTIFF asked again 1s 14, Asaresult of these actions, PLAINTIFF was embarrassed, felt humiliated and 16 ||emotionally distressed. n 15, PLAINTIFF is informed and believes, and thereupon alleges, that LIMELIGHT 's 18 | employee served other background performers with the same police officer uniform as the a9 || PLAINTIFF. 0 16. PLAINTIFF is informed and believes, and thereupon alleges, that he was the only ‘2% | Asian actor among other background performers. a 17. Soon thereafter, the crew members stopped laughing and LIMELIGHT's 2$4] employee tld the PLAINTIFF he wll serve him food now. 4 18 Despite the oppressive and discriminative behavior by LIMELIGHT's employee, ‘25 || PLAINTIFF was thankful and he expressed his gratitude. 6 19. LIMELIGHT's employee, however, did not serve PLANITEF after he assured the 27 || PLANITIFF he would which caused PLAINTIFF more embarrassment, humiliation and 29 | emotional distress. CCONMAT-3 Doct 1 Paget 3 ~ Doo TD = 1653079712 - Doe Type = OTHER rage & of 28 1 20. Onorabout May 23, 2016, PLAINTIFF filed a harassment and discrimination 2 |) complaint against NBC to Seg-Afra, an American labor union representing approximately 3 || 160,000 film ang television principle and background performs, locate at $757 Wilshire 4 || Boulevard, 7th Floor, Los Angeles, California 90036. (A true and correct copy of te complaint 5 |) incorporate herein and labeled as Exhibit) 6 21. On orabout July 26, 2016, NBC sent a leter addressing the PLAINTIFF, in 1 |) response to the complaint filed by Sag-Aftra on behalf of the PLAINTIFF, regarding the a |conclusion ofits investigation, and denied PLAINTIFF'S allegations of verbal harassment based 9 |Jon ethnicity or any other alleged inappropriate conduct. (4 true and correct copy ofthe letter is 10 || incorporate herein and labeled as Exhibit 4) a 22. Asa direct and proximate result of LIMELIGHT's employee's discriminative 12 [factions and NBC failure to properly and carefully investigate the alleged issue, PLAINTIFF 13 || was embarrassed and emotionally distressed. u 23. Additionally, as result ofthe discriminatory acts, PLAINTIFF has suffered from 1s || several sleepless nights and encountered sever amounts of stress. n doing the actions alleged 1 | herein, the Defendants have acted despicably, willfully, wantonly, oppressively, and in conscious 1 | cisregards ofthe rights of PLAINTIFF, thereby, entitling PLAINTIFF to recover exemplary 1¢ || damages and monetary damages against each Defendant in an amount to be determined by the as fiery. 20 RST CAUSE OF ACTION FOR ASSAULT 2 (AGAINST DEFENDANT LIMELIGHT) ay 24. PLAINTIFF realleges and incorporates by reference paragraphs 1 through 23, 2¢4| above, as though fully set forth herein. 25. Indoing the acts as alleged above, LIMELIGHT intended to cause or to place 25 || PLAINTIFF in apprehension of « harmful contact with PLAINTIFF's body. 6 26. As aresult of LIMELIGHT ects as alleged above, PLAINITSF was, in fac, 27 || piaced in great apprehension of a harmful contact with PLAINTIFF'S body. ccommiainr-« och 2 Fageh 4 - Doo 1D = 1693079712 ~ Doo Type = om . 2 2 2 “ , Pe » » » » ad 2 ai x = % n 2 Ey 27. Asadirect and proximate result ofthe actions of LIMELIGHT as alleged herein, PLAINTIFF was severely injured. Such injuries caused him, and continues to cause, great mental pain and suffering, all o PLAINTIFF's general damage in a sum to be determined at tial, 28. LIMBLIGHT's conduct was intentional and malicious end done forthe purpose of causing PLAINITFF to suffer humiliation, mental anguish, emotional and physical distress. LIMELIGHT conduct was done with knowledge that PLAINTIFF would suffer severe physical injuries and was done with wanton and reckless disregard of the consequences fo PLAINTIFF. Such conduct justifies the awarding of punitive damage. 29, Wherefore, PLAINTIFF prays for relicf as set forth hereinbelow. SECOND CAUSE OF ACTION FOR RACIAL, DISCRIMINATION AND HARASSMENT (AGAINST DEFENDANT LIMELIGHT) 30. PLAINTIFF incorporates by this reference the forgoing paragraphs of this Complaint into this cause of action as if fully set forth herein. 31. PLAINTIFF had been an outstanding employee. 32. PLAINTIFF was racially discriminated and harassed against during his, employment. This discrimination and harassment violated the public policy against discrimination and retaliation enumerated in California Government Code section 12940, et seq. 33. The discrimination and harassment PLAINTIFF was subjected to was so severe and pervasive that PLAINTIFF found it dificult to perform his job duties. 34, The above acts of LIMELIGHT created a hostile work environment for PLAINTIFF in violation of California Government Code section 12940. Such termination was.a substantial factor in causing damage to PLAINTIFF set forth below. 35. Asa proximate result ofthe aforesaid acts of defendants, PLAINTIFF has foresceably suffered and continues to suffer extreme emotional distress, including anxiety, depression, loss of sleep, and other psychological, emotional and physical injuries and syrptoms| thereof, all to his general damages in an amount according to proof. CcoMPLAINT-5 ool t Paget § - Dos 2D = 1653079712 ~ Doo type = orm (rage © of 24) 2 ||in order to enforce his rights and to obtain benefits due his, all to his further damage in an | 1 36. PLAINTIFF incurred expenses herein for necessary and reasonable altomeys fees 3 | amount eccordng 0 proof. ‘ 37, Asa proximate result of the conduct complained herein, PLAINTIFF suffered and 5 [[ontinues to suffer embarrassment, humiliation, emotional distress, and mental anguish, and “s thereby susteined serious injures to his mental healt, sength and activity causing him extreme} + |Jemotional pain, all to his general damage in such amount may be proven. Said amount is within 4 |] te jurisdiction of the Superior Court of the State of California ° 38. Because the acts taken toward PLAINTIFF were carried out by employees acting in 20 ||deliberate cold, callous, and intentional manner in order to damage PLAINTIFF, PLAINTIFF. 11 || requests the assessment of punitive damages against defendants, and each of them, in an amount 12 || appropriate to ponish and make an example of defendants. a 39. Wherefore, PLAINTIFF prays for relief as st forth hereinbelow. ea ‘THIRD CAUSE OF ACTION FOR FAILURE TO MAINTAIN i. HARASSMENT-FREE ENVIRONMNET (AGAINST DEFENDANT NBC) i 40, PLAINTIFF incorporates all preceding paragraphs ofthis Complaint into this eause| *7 || of action as if fully set forth herein ‘ ae 41, NBC is liable for the Racial Discrimination and Harassment suffered by >? || PLAINTIFF under California Government Code section 12940. fn 42. NBC knew or should have known about the racial discrimination and harassment of| 2°80 the PLAINTIFF and failed to take all reasonable steps to prevent discrimination and harassment 743) against PLANTIFF from occurring. 23] 43, Asa direct, proximate, and legal result ofthe conduct of NBC, a hereinabove a alleged, PLAINTIFF has suffered and continues to suffer substantial losses in earnings and other 2 employment benefits, and expenses. 44. Asa direct, proximate, and legal result of the conduct of NBC, PLAINTIFF has suffered extreme emotional distress, including anxiety, depression, loss of sleep, and other 26 a Py commiait.6 ‘Boob 1 Page 6 ~ Doo 3D = 1693079712 - Doc Type = oMER age 7 of » n 2 a3 “ 1s 6 v 1 2 psychological and emotional injuries and symptoms thereof, all to his general damages in an /amount according to proof. 45. Asa result of the discriminatory acts, PLAINTIFF entitled to reasonable attorneys’ fees and costs of suit as provided by California Government Code section 12965(b). 46, Wherefore, PLAINTIFF prays for relief as set forth hereinbelow. FOURTH CAUSE OF ACTION FO! (T INFLICTION OF EMOTIONAL DISTRESS (AGAINST DEFENDANT LIMELIGHT) 47. PLAINTIFF incorporates all proceedings patagraphs of this Complaint into this cause of action as if fully set forth herein. 48. When the DEFENDANTS, and each of them, committed the acts described above, they knew, or should have known, thet their failure to exercise due care in the performance of| their role as employer, manager, supervisor would cause PLAINTIFF to suffer emotional distress, The DEFENDANTS knew or should have known that subjecting PLAINTIFF to the afore-referenced conduct would cause PLAINTIFF severe emotional distress. 49. The above-said acts of the DEFENDANTS, and each of them, constituted negligent infliction of emotional distress against PLAINTIFF and such conduct of the DEFENDANTS was a substantial or determining factor is causing damage and injury to PLAINTIFF. 50. As a result of DEFENDANTS’ negligent infliction of emotional distress, PLAINTIFF has suffered and continues to suffer embarrassment, humiliation, and mental anguish in an ‘amount to be determined at trial. SI. The DEFENDANTS, and each of them, committed said negligent infliction of emotional distress alleged herein against PLAINTIFF, maliciously, fraudulently, and oppressively with the wrongful intent of injuring PLANITFF for an improper and evil motive which constitutes a malicious and conscious disregard of PLAINTIFF's rights. PLAINITFF is, ‘comeLatnr-7 ‘ood 1 Faget 7 ~ Doo XD = 1693078712 - Doo type = OER eoge 8 of 20) 1 || thereby entitied to punitive damages frm the DEFENDANTS in en emount to be determined 2) attra. | 3 52, Wherefore, PLAINTIFF prays for relief asset forth hereinbelow. 4 ‘i Hn s : a : : 3 |e : a ® | : : — WHEREFORE, PLAINTIFF demands judgnient as follows: i 1. For compensatory damages as allowed by law in an amount according to a proof at trial; 2 2, Foran award of punitive damages as allowed by law in an amount of 2 $500,000.00; a 3. For Jost earnings. and related expenses as allowed by law in an amount ie secording to proof at trial; a 4, For atfomeys’ fees and costs as allowed by law; 7. 5. For pejudgment interest on all aniounts claimed, as allowed by law and Eee 6. For such other and further relief as the Court deems just and proper. 20 ||Dated: B-Ly-A% 24 23: JAMIE JIYOON KIM, ESQ. E ATTORNEY FOR PLAINTIFF ‘coumLawr Dock 1 page 8 - boo 30 = 1693079712 - boo Type = OnE EXHIBIT 1 wage 10 of 28) & 8 https:/mail.googlé‘com//scs/rhail-stalic!_/js/k=gmail.main. ‘Dock 1 Page 20 ~ Doc ID = 1693079712 ~ Doo Type = OTHER EXHIBIT 2 (age 12 of 24) DO16OIASSSIGine bttpsi/mail,google.com/_/ses/mail-static!_fs/k-gmail.main.en.aWNAVsRuAQg.O/mem jy... 2/1/2017 Doct 1 Pages 12 393079722 ~ Dee Type = ona EXHIBIT 3 (age 14 of 24) Page of hilgndineneWNAVsRuAQg.Ofmem j,.: 2/2017 ‘Doct 1 pagel 24 - Doc TD = 1692079712 ~ Doo Type = OTHER mon EXHIBIT 4 och 1 Paget 15 - Doo 19 = 1693075712 ~ Doc Type = ome rage 16 of 24) “Gna -roaly nine in gy oe e Page 1 of 4 M1 Greil ery Ki i 70Ggrae> Brooklyn nine nine mosses Jenny Kin leky880.Q9mal. care a, Mar 25, 2018 945 PE ‘To:DomaReed , Say Ten@coptia. on eto, ts Kvon Kanga. eal agin he “Brolin nine rise’ abut ho mostn goad stil havert herd bout ning Yalow wali gang an dou bis mate, hal i you ge col street happad to someone ones an ie? 190 haa ‘you fr everyting fat youve been wong, Revell me kao aba fs meer. ‘Shee youre, ren Kan Donna Read Doma Ressagat.om> en, Mer 2620908 019A ‘To: Jeany Kin saehysTE®O@9mat.com> 1 Ce:Aaan one cam Neoegespeency> Dee Kuen King, ‘ur apoogie,n el ws set to you on Feb. 3oalnog he process er fing a comp Uough he nin. A copy of thee is ‘elon. To bes he seostionersment comps proces you ill med o compas and rau a Complaint Questlonnalo,1 dete we've recived a Complalat Questionnaire fom you raring the. You may dovnload a qtstornse by Ceking here or iyou res, you iy provide malig ares nd on ean be aed to you Aa i ou, el eo eon 323. 548-5004 to fre seus yourcomplst. Plat etme brow how you wish to poceed, Thankyou, Dona R Reet (hardin SAG-AFTRA EEO & Divers SAOAFTRA 579) Washi Bd, 0 Fear ‘Tur ronsuTio¥ CouTAMED HTS EA. MESSAGES TEED ONLY FORTHE PERIONAL AND OONTDEITIAL USE THE DESKRATED REGRETS. Tie al mga sxe eto my bene, erakref eager ee pe oH ety nol ate a, Soden nnn, anerdg eying inal usage andr wader nay ei ane oe ‘outa poeh Pew sy ean aSADAPTEA madly wy arte, de neil ong al ttednes nyc sen Tk oe hntps:mil google com'mailfw0/ui=2ée '70239be998view=pldq=DonnaReed%d0sa.... 1/28/2017 ‘book 2 Pages 16 = Dos 1D = 1693079722 = Doe Type = OTHER (rage 27 of 24) iS > ee Be e Page 2 of 4 From: Donna Reed ‘Sent Wedeasay, February 03, 2086498 Pt Ter oaagencaQgnatcen’ ‘Subject: FROM OOMEA REED / EEO & OIVERSTTY - Kuan Kang DesrMe Kang, ‘Tisamelisitendl opie you wih fara parting te loving 1) on sederstning of wa ing dicinnaowhenmentconplint Srogh ron woud eu 2) relevent edness wi ay cis you ry ws leah Sr alr genes we ee, ruts elpyoa ces wt, ay couse ofan ou my wah pane see war at menace cease ned ey. Selo wish dices a cop os flow SAGAFTRA ‘ember yo ol ene Sly Thin ot ep epee Hr ene imate 23-69-019(P ocaead Saly TeNn Tobe te cient ansecet emp proces you wl ta camp en the Conlin Queso. Yeu fl hom ne | ‘wih do SAG-AFTRA Foy Arie Unenid Dissnetoe Hausen he: pins cesnndnndctaon ey, i : ‘you choose cane te Compt Quon, yard EEO 2 Divers cn thn ew hei you colin net

    Вам также может понравиться