Professional Documents
Culture Documents
A EN - C, ESQ. 22) C,, S ,: - ,: Filed
A EN - C, ESQ. 22) C,, S ,: - ,: Filed
8 COUNTY OF SACRAMENTO
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Case No.
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JUDITH BLACKWELL, an individual, UNLIMITED JURISDICTION
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COMPLAINT FOR DAMAGES:
12 Plaintiff,
1. SEXUAL HARASSMENT
13 v. Cal Gov. Code § 12900 et seq.
2. RACE DISCRIMINATION
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Cal. Gov. Code § 12900 et seq.
15 FIONA MA, as an individual and in her 3. DISABILITY DISCRIMINATION
official capacity as State Treasurer; Cal Gov. Code§ 12900 et seq.
16 4. WRONGFUL TERMINATION IN
CALIFORNIA STATE TREASURER' S
OFFICE, a state agency, and DOES 1-10, VIOLATION OF PUBLIC POLICY
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5. INTENTIONAL INFLICTION OF
18 EMOTIONAL DISTRES
Defendant.
19 JURY TRIAL DEMANDED
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Plaintiff Judith Blackwell ("Plaintiff' or "Blackwell"), complains of Defendants Fiona
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Ma, California State Treasurer' s Office, and DOES 1-10 (collectively as "Defendants) for the
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following claims and causes of action
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JURISDICION AND VENUE
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1. This Court has jurisdiction over all causes of action asserted herein pursuant to the
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California Constitution, Article VI, § 10.
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2. The Court has jurisdiction over this action as Plaintiff is a resident of the State of
2 3. Venue in this county is proper pursuant to California Code of Civil Procedure ("CCP")
4 THE PARTIES
5 4. Plaintiff Judith Blackwell is an African American woman residing in Sacramento, CA.
6 She was formerly employed by the State Treasurer's Office as the Executive Director for the
10 7. DOEs 1-10 are fictitious names being used to sue any unidentified persons who may be
11 in some manner responsible for the unlawful acts, omissions, events, occurrences, and
12 happenings alleged herein, and who are the proximate cause of the Plaintiff's injuries.
13 STATEMENT OF FACTS
14 8. The Plaintiff incorporates by reference the factual allegations set forth in paragraphs 1
15 through 7 above.
16 9. Plaintiff began working for the California State Treasurer's Office under California State
17 Treasurer Fiona Ma in September 2019. Plaintiff was hired by Ms. Ma as the Executive Director
18 for the California Tax Credit Allocation Committee ("CTCAC"). When Plaintiff was hired, Ms.
19 Ma assured Plaintiff that she would have the job for the six years Ms. Ma was the State
20 Treasurer.
21 10. As the Executive Director for CTCAC, Plaintiff increased housing by 30%. Plaintiff also
22 developed and improved CTCAC regulations and created a system to accommodate an additiona
23 $500 million in State tax credits provided by the Governor and Legislature to pair with
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CTCAC's 4% program. In addition, Plaintiff created a system to protect renters from being
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relocated in circumstances where CTCAC was providing funds for rehabilitation. Plaintiff also
26 researched and found a way for CTCAC to provide workforce housing for individuals working ·
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schools from K-1 through K-12. During the time Plaintiff was in her role, CTCAC went from a
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$100 million per year program to a $700 million per year program.
2 CTCAC, Ms. Ma hired another African American executive, Larry Flood, to be the Executive
3 Director of the California Debt Limit Allocation Committee ("CDLAC"). However, a few
4 months later Ms. Ma terminated Mr. Flood, and assigned Ms. Blackwell to the position. Ms.
5 Blackwell was successfully running two departments, without any issues or complaints. Ms. Ma
6 told Ms. Blackwell that she would get paid for each department she was running, but Ms.
7 Blackwell was never compensated.
8 12. In February 2020, Ms. Ma noticed that Plaintiff was leaving work around 7:00-8:00 p.m.
9 in the evening, and would have a one-hour commute. Ms. Ma also would occasionally invite
10 Plaintiff to dinner, and by the time dinner would end it would be impractical for Plaintiff to drive
11 home and come back early the next day. Therefore, Ms. Ma invited Plaintiff to stay at the Westin
12 hotel in Sacramento, CA where she would have her own room paid for by Ms. Ma.
13 13. On a nightly basis, Plaintiff would got out to dinner with Ms. Ma and her Chief of Staff,
14 Genevieve Jopanda, and then they would all stay at the Westin hotel. A few weeks later, Ms. Ma
15 decided to switch the hotel, and began renting rooms at the Sheraton hotel in Sacramento, CA.
16 Plaintiff would have her own room, and Ms. Ma and Ms. Jopanda would share a room at the
17 Sheraton. Soon thereafter, Ms. Ma proposed that she share a room with Plaintiff and that Ms.
18 Jopanda have her own room.
19 14. During the time Ms. Ma shared a room with Plaintiff, she exposed her bare rear end
20 directly to Plaintiff on multiple occasions. Ms. Ma's actions were intentional and not accidental,
21 and it was done to get Plaintiff's attention. Plaintiff was uncomfortable and was fearful to
22 comment on Ms. Ma's lewd behavior.
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15. As Plaintiff continued to work for Ms. Ma and spend time with her after work, Ms. Ma
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gave Plaintiff gifts. Ms. Ma provided Plaintiff with jewelry, paintings for her wall, and edible
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marijuana so that she could sleep. Plaintiff also had a parking space in front of the building
26 (previously it was two blocks away), and was told by Ms. Ma that she was going to get promoted
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to Deputy Treasurer after she dismissed Jovan Agee, another African American employee, from
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the position.
2 rooms for Plaintiff and other employees. The home was located at 30 Danrobin CT, Sacramento,
3 CA. At the home, Plaintiff, Ms. Ma and Ms. Jopanda each had their own room. While staying at
4 the Airbnb home, Ms. Ma exposed her bare rear end again to Plaintiff. A few weeks later, Ms.
5 Ma climbed into Plaintiffs bed while Plaintiff was attempting to sleep in it. Once noticing Ms.
6 Ma in her bed, Plaintiff pretended to sleep out of fear and confusion.
7 17. In September 2020, Plaintiff had a stroke. She stayed home for 8 weeks and then returned
8 to work. When Plaintiff returned in November 2020, Ms. Jopanda and Spencer Walker were
9 assigned to the role of Deputy Treasurer, which was the role Ms. Ma told Plaintiff she would get
10 promoted to. Plaintiffs parking space was also removed.
11 18. Once returning to work, Ms. Ma, who was aware that Plaintiff was recovering from a
12 stroke, requested that Plaintiff to complete tasks that required two people to complete, and
13 require her to work past 5:00 p.m. and spend all night completing a task for the next day. Given
14 that Plaintiff was given the task towards the end of the day, Plaintiff asked Ms. Ma if she could
15 complete it the next day. Ms. Ma did was not in agreement with Plaintiffs request, and Plaintiff
16 was not offered any accommodations or assistance in completing the tasks.
17 19. In January 2020, Plaintiff was informed by Ms. Ma that she was being terminated.
18 Plaintiff was not given a reason as to why she was being terminated. Around the same time,
19 Plaintiff became aware that another African American senior employee was also terminated by
20 Ms. Ma. Plaintiff is informed and has good faith belief that the person that replaced her is a less-
21 qualified Caucasian female.
22 FIRST CAUSE OF ACTION
23 SEXUAL HARASSMENT
Cal Gov't Code § 12940(j)
24 (against all Defendants)
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20. Plaintiff incorporates by reference the factual allegations set forth in paragraphs 1
26 through 18 above.
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2 harassing an employee on the basis of sex. Plaintiff was at all times material hereto an employee
3 29. Plaintiff is entitled to costs and reasonable attorney's fees pursuant to California
4 Government Code§ 12965(b), and appropriate and effective equitable or injunctive relief
5 pursuant to California Government Code§ 12965(c).
6 30. Plaintiff duly filed an administrative charge with the Department of Fair Employment an
7 Housing (DFEH). The DFEH has issued a notice ofright to sue thereon authorizing Plaintiff to
8 initiate a civil action against Defendant. Plaintiff has exhausted all of her administrative remedie
9 herein, and this action is been timely filed.
10 SECOND CAUSE OF ACTION
RACE DISCRIMINATION
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Cal Gov't Code § 12940(a)
12 (against all Defendants)
Gov't Code 12940 et seq.
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31. Plaintiff incorporates by reference the factual allegations set forth in paragraphs 1
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through 29 above.
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32. Pursuant to California Government Code§ 12940(a) an employer is barred from
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17 discriminating against an employee in the terms and conditions of her employment because of
18 her race.
20 34. Defendants Fiona Ma, California State Treasurer's Office, and the DOE defendants, and
21 each of them, were and are employers, supervisory employees and/or employees subject to the
23 35. As set forth above, Defendants discriminated against Plaintiff because of her race.
25 hostile work environment based on race. Defendants have had a history of displaying disparate
26 treatment to their African American employees including Plaintiff. Plaintiff's termination was
27 pretext for race discrimination. No other similarly situated non-African American employee for
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3 36. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and
4 continues to suffer special damages in the form of lost earnings, benefits, and/or out of pocket
5 expenses in an amount according to proof at the time of trial. As a further direct and proximate
6 result of these Defendants' conduct, Plaintiff will suffer additional special damages in the form
7 of lost future earnings, benefits, and/or other prospective damages in an amount according to
8 proof at the time of trial.
9 37. As a direct, foreseeable and proximate result of Defendants' conduct, Plaintiff has
10 suffered from mental and emotional distress, and discomfort, all to her detriment and damage in
11 amounts not fully ascertained but within the jurisdiction of this court and subject to proof at the
12 time of trial.
13 38. Plaintiff is informed and believes and thereon alleges that Defendants acts alleged herein
14 are malicious, oppressive, despicable, and in conscious disregard of the Plaintiffs rights. As such,
15 punitive damages are warranted against Defendants in order to punish them and make an
16 example of their actions.
17 39. Plaintiff is entitled to costs and reasonable attorney's fees pursuant to California
18 Government Code§ 12965(b), and appropriate and effective equitable or injunctive relief
19 pursuant to California Government Code§ 12965(c).
20 40. Plaintiff duly filed an administrative charge with the Department of Fair Employment an
21 Housing (DFEH). The DFEH has issued a notice ofright to sue thereon authorizing Plaintiff to
22 initiate a civil action against Defendant. Plaintiff has exhausted all of her administrative remedie
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herein, and this action is been timely filed.
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THIRD CAUSE OF ACTION
25 DISABILITY DISCRIMINATION
Cal Gov't Code § 12940(a)
26 (against all Defendants)
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41. Plaintiff incorporates by reference the factual allegations set forth in paragraphs 1
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through 39 above.
2 Housing (DFEH). The DFEH has issued a notice of right to sue thereon authorizing Plaintiff to
3 initiate a civil action against Defendant. Plaintiff has exhausted all of her administrative remedie
4 herein, and this action is been timely filed.
5 FOURIB CAUSE OF ACTION
WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY
6 (against all Defendants)
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51. Plaintiff incorporates by reference the factual allegations set forth in paragraphs 1
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through 50.
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52. It is the clearly established public policy of the State of California that employees be free
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from sexual harassment, race discrimination and disability discrimination under California
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Constitution, Article I, Section 8.
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53. California Government Code§ 12940 et seq. sets forth the public policy which prohibits
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employers from sexually harassing employees and/or discriminating against employees based
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on their race or disability.
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54. Defendants wrongfully terminated Plaintiff in violation of public policies of the State of
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California.
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55. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and
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continues to suffer special damages in the form of lost earnings, benefits, and/or out of pocket
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expenses in an amount according to proof at the time of trial. As a further direct and proximate
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result of these Defendants' conduct, Plaintiff will suffer additional special damages in the form
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of lost future earnings, benefits, and/or other prospective damages in an amount according to
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proof at the time of trial.
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56. As a direct, foreseeable and proximate result of Defendants' conduct, Plaintiff has
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suffered from mental and emotional distress, and discomfort, all to her detriment and damage in
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amounts not fully ascertained but within the jurisdiction of this court and subject to proof at the
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time of trial.
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57. Plaintiff is informed and believes and thereon alleges that Defendants acts alleged herein
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are malicious, oppressive, despicable, and in conscious disregard of the Plaintiffs rights. As such,
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Attorney for Plaintiff,
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JUDITH BLACKWELL
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