FILED

1 WAUKEEN Q. McCOY, ESQ. (SBN: 168228) Superior Court Of California1

McCOY LAW FIRM, P.C. Sacramettto
2 111 Maiden Lane, 6th Floor 07/13/2021
3 San Francisco, CA 94108
Telephone: (415) 675-7705 .apettn
4 Facsimile: (415) 675-2530 Bs.-~~~~~-+- 5 Deputy
Casa Numbar:
5 Attorney for Plaintiff, 34-2021-003 4120
6 JUDITH BLACKWELL

7 SUPERIOR COURT OF THE STATE OF CALIFORNIA

8 COUNTY OF SACRAMENTO

9
Case No.
10
JUDITH BLACKWELL, an individual, UNLIMITED JURISDICTION
11
COMPLAINT FOR DAMAGES:
12 Plaintiff,
1. SEXUAL HARASSMENT
13 v. Cal Gov. Code § 12900 et seq.
2. RACE DISCRIMINATION
14
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
17
5. INTENTIONAL INFLICTION OF
18 EMOTIONAL DISTRES
Defendant.
19 JURY TRIAL DEMANDED
20

21
Plaintiff Judith Blackwell ("Plaintiff' or "Blackwell"), complains of Defendants Fiona
22
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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25
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

COMPLAINT FOR DAMAGES

 California and the acts that form the basis of this action occurred within Sacramento County.

2 3. Venue in this county is proper pursuant to California Code of Civil Procedure ("CCP")

3 §§ 394 and 395.

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

7 California Tax Credit Allocation Committee.

8 5. Defendant Fiona Ma is the California State Treasurer.

9 6. Defendant California State Treasurer's Office is a state agency.

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.

COMPLAINT FOR DAMAGES

 11. Around the same time Plaintiff was hired by Ms. Ma as the Executive Director of

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.

COMPLAINT FOR DAMAGES

 16. In May 2020, Ms. Ma began renting a home through Airbnb instead of renting hotel

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)
25
20. Plaintiff incorporates by reference the factual allegations set forth in paragraphs 1
26 through 18 above.
27
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COMPLAINT FOR DAMAGES

 21. Pursuant to the California Government Code § 129400) an employer is barred from

2 harassing an employee on the basis of sex. Plaintiff was at all times material hereto an employee

3 covered by California Government Code§ 12940 et seq.

4 22. Defendants Fiona Ma, California State Treasurer's Office, and the DOE defendants, and
5 each of them, were and are employers, supervisory employees and/or employees subject to the
6 provisions of California Government Code§ 12940 et seq.
7 23. Fiona Ma, as the California State Treasurer and the superior for Plaintiff, engaged in
8 unwanted sexual advances towards Plaintiff and engaged in unwanted physical conduct of a
9 sexual nature, all of which was unwanted and against Plaintiffs will.
10 24. A reasonable person in Plaintiffs position would have considered the work environment
11 to be hostile, and Plaintiff felt the work environment to be hostile as she felt her employment wa
12 contingent on her accepting Defendant Ma's sexual advances. As a result of Plaintiff denying
13 Defendant Ma's advances, she was terminated from her employment.
14 25. Defendants, and each of them, are strictly liable under California Government Code §
15 12940 et seq. for engaging in the above-mentioned conduct because Defendant Ma was the
16 California State Treasurer and Plaintiffs superior.
17 26. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and
18 continues to suffer special damages in the form of lost earnings, benefits, and/or out of pocket
19 expenses in an amount according to proof at the time of trial. As a further direct and proximate
20 result of these Defendants' conduct, Plaintiff will suffer additional special damages in the form
21 of lost future earnings, benefits, and/or other prospective damages in an amount according to
22 proof at the time of trial.
23 27. As a direct, foreseeable and proximate result of Defendants' conduct, Plaintiff has
24 suffered from mental and emotional distress, and discomfort, all to her detriment and damage in
25
amounts not fully ascertained but within the jurisdiction of this court and subject to proof at the
26
time of trial.
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28. Plaintiff is informed and believes and thereon alleges that Defendants acts alleged herein
28
are malicious, oppressive, despicable, and in conscious disregard of the Plaintiffs rights. As such,

COMPLAINT FOR DAMAGES

 punitive damages are warranted against Defendants in order to punish them and make an

2 example of their actions.

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
11
Cal Gov't Code § 12940(a)
12 (against all Defendants)
Gov't Code 12940 et seq.
13
31. Plaintiff incorporates by reference the factual allegations set forth in paragraphs 1
14
through 29 above.
15
32. Pursuant to California Government Code§ 12940(a) an employer is barred from
16

17 discriminating against an employee in the terms and conditions of her employment because of

18 her race.

19 33. Plaintiff is an African-American woman and is member of a protected class.

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

22 provisions of California Government Code§ 12940 et seq.

23 35. As set forth above, Defendants discriminated against Plaintiff because of her race.

24 Defendants engaged in illegal, intentional discrimination on the basis of race, by creating a

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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COMPLAINT FOR DAMAGES

 Defendants was terminated from their employment. Plaintiff was replaced by someone who is
2 Caucasian.

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
23
herein, and this action is been timely filed.
24
THIRD CAUSE OF ACTION
25 DISABILITY DISCRIMINATION
Cal Gov't Code § 12940(a)
26 (against all Defendants)
27
41. Plaintiff incorporates by reference the factual allegations set forth in paragraphs 1
28
through 39 above.

COMPLAINT FOR DAMAGES

 42. Pursuant to California Government Code§ 12940(a) an employer is barred from
2 discriminating against an employee on the basis of the employee's actual or perceived
3 disability.
4 43. Plaintiff was disabled as she suffered from a stroke and therefore is part of a protected
5 class.
6 44. Defendants Fiona Ma, California State Treasurer's Office, and the DOE defendants, and
7 each of them, were and are employers, supervisory employees and/or employees subject to the
8 provisions of California Government Code § 12940 et seq.
9 45. Plaintiff's actual, perceived and/or history of disability and/or other characteristics,
10 which are protected by California Government Code§ 12940(a) were motivating factors in
11 Defendants' decision to terminate Plaintiff's employment and refuse to accommodate Plaintiff.
12 46. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and
13 continues to suffer special damages in the form of lost earnings, benefits, and/or out of pocket
14 expenses in an amount according to proof at the time of trial. As a further direct and proximate
15 result of these Defendants' conduct, Plaintiff will suffer additional special damages in the form
16 of lost future earnings, benefits, and/or other prospective damages in an amount according to
17 proof at the time of trial.
18 47. As a direct, foreseeable and proximate result ofDefendants' conduct, Plaintiff has
19 suffered from mental and emotional distress, and discomfort, all to her detriment and damage in
20 amounts not fully ascertained but within the jurisdiction of this court and subject to proof at the
21 time of trial.
22 48. Plaintiff is informed and believes and thereon alleges that Defendants acts alleged herein
23 are malicious, oppressive, despicable, and in conscious disregard of the Plaintiffs rights. As such,
24 punitive damages are warranted against Defendants in order to punish them and make an
25
example of their actions.
26
49. Plaintiff is entitled to costs and reasonable attorney's fees pursuant to California
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Government Code§ 12965(b), and appropriate and effective equitable or injunctive relief
28
pursuant to California Government Code§ 12965(c).

COMPLAINT FOR DAMAGES

 50. Plaintiff duly filed an administrative charge with the Department of Fair Employment an

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)
7
51. Plaintiff incorporates by reference the factual allegations set forth in paragraphs 1
8
through 50.
9
52. It is the clearly established public policy of the State of California that employees be free
10
from sexual harassment, race discrimination and disability discrimination under California
11
Constitution, Article I, Section 8.
12
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
14
on their race or disability.
15
54. Defendants wrongfully terminated Plaintiff in violation of public policies of the State of
16
California.
17
55. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and
18
continues to suffer special damages in the form of lost earnings, benefits, and/or out of pocket
19
expenses in an amount according to proof at the time of trial. As a further direct and proximate
20
result of these Defendants' conduct, Plaintiff will suffer additional special damages in the form
21
of lost future earnings, benefits, and/or other prospective damages in an amount according to
22
proof at the time of trial.
23
56. As a direct, foreseeable and proximate result of Defendants' conduct, Plaintiff has
24
suffered from mental and emotional distress, and discomfort, all to her detriment and damage in
25
amounts not fully ascertained but within the jurisdiction of this court and subject to proof at the
26
time of trial.
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57. Plaintiff is informed and believes and thereon alleges that Defendants acts alleged herein
28
are malicious, oppressive, despicable, and in conscious disregard of the Plaintiffs rights. As such,

COMPLAINT FOR DAMAGES

 punitive damages are warranted against Defendants in order to punish them and make an

2 example of their actions.

3 FOURTH CAUSE OF ACTION

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
4 (against all Defendants)
5
5 8. Plaintiff incorporates by reference the factual allegations set forth in paragraphs 1
6
through 57.
7
59. Defendants' sexual harassment of Plaintiff as well as discrimination based on race and
8
disability, and wrongful termination was extreme and outrageous conduct.
9
60. Defendants' conduct was in fact a proximate cause of severe emotional distress for
10
Plaintiff, which includes but is not limited to, depression, anxiety, stress and insomnia.
11
61. As such, Plaintiff is entitled to recover for all damages proximately caused by
12
Defendants' intentional infliction of emotional distress, including but not limited to, general and
13
special damages.
14
62. Plaintiff is informed and believes and thereon alleges that Defendants' acts herein were
15
malicious, oppressive, despicable, and in conscious disregard of the Plaintiff's rights. As such,
16
punitive damages are warranted against Defendants in order to punish them and make an
17
example of their actions.
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PRAYER FOR RELIEF
19
WHEREFORE, The Plaintiff prays for relief as follows:
20
1. For punitive damages in amounts according to proof against Defendants and DOEs 1-1 O;
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2. For compensatory, special and general damages in an amount according to proof at trial;
22
3. For civil penalties, pursuant to statute, restitution, injunctive relief, and reasonable
23
attorney's fees according to proof;
24
4. For attorney's fees as provided by law;
25
5. For interest as provided by law;
26
6. For costs of suit incurred herein; and
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7. For such other and further relief as the court deems fair and just.
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COMPLAINT FOR DAMAGES

 2 Dated: July 13, 2021 McCOY LAW FIRM, P.C.
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Attorney for Plaintiff,
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JUDITH BLACKWELL
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COMPLAINT FOR DAMAGES