Preview
Earl. E. Conaway, III (SBN 256239)
EARL E. CONAWAY, III - A PROFESSIONAL LAW CORPORATION
1320 Osos Street
San Luis Obispo, CA 93401
Tel: (805) 546-8797 | Fax: (888) 466-8702
earl@conawaylawfirm.com
Attorneys for Defendant, JESUS REYES
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA BARBARA
SANTA MARIA - COOK DIVISION
10
I
MARTHA E. RAMIREZ, an individual, Case No.: 22CV03495
12
Plaintiff, DECLARATION OF EARL E.
13 CONAWAY, III IN SUPPORT OF
vs. MOTION TO STAY DISCOVERY,
14
OR, IN THE ALTERNATIVE, FOR
15 JESUS REYES, an individual; REBECCA A PROTECTIVE ORDER PENDING
REYES, an individual; and DOES 1 through RESOLUTION OF A RELATED
16 20, inclusive, CRIMINAL MATTER
17
Defendants. (Filed concurrently with Defendant, Jesug
18 Reyes’ Notice of Motion and Motion to Sta
Discovery, or, in the Alternative, for 4
19 Protective Order Pending Resolution of 4
Related Criminal Matter; [Proposed] Order)
20
21 Date: October 19, 2023
Time: 8:30 a.m.
22 Dept: 4
Judge: Hon. Jed Beebe
23
24
25
26
27
28
DECLARATION OF EARL E. CONAWAY, III IN SUPPORT OF MOTION TO STAY DISCOVERY, OR, IN
THE ALTERNATIVE, FOR A PROTECTIVE ORDER PENDING RESOLUTION OF A RELATED CRIMINAL!
MATTER - |
I, Earl E. Conaway, declare:
1 I am an attorney licensed to practice law in the State of California. I am the attorney of
record for Defendant, Jesus Reyes (“Reyes”) in the above-entitled action;
2 The civil action pending before this Court, Ramirez v. Jesus Reyes, et. al., Case Number
22CV03495, was originally filed by Plaintiff on or about September 13, 2022. The Complaint
alleges that on November 28, 2020, Reyes entered Plaintiff's home and forcibly sexually
assaulted Plaintiff. A true and accurate copy of the Complaint is attached hereto as Exhibit 1.
3 On or about July 1, 2021, Reyes was charged by the Santa Barbara County District
10
Attorney with forcible rape (Cal. Penal section 261, subd. (a)(2)) and residential burglary (Cal.
I
12 Penal section 459) in Santa Barbara Superior Court case number 21CR04181, based on police
13 reports filed by the Plaintiff in this lawsuit. A true and accurate copy of the Case Summary in
14
Santa Barbara Superior Court case number 21CR04181 is attached hereto as Exhibit 2.
15
4. On August 28, 2023, Plaintiff propounded discovery on Reyes, consisting of a request
16
to take Reyes’ deposition, a Request for Production of Documents, Form Interrogatories —
17
18 General, Special Interrogatories, and Request for Admission. The discovery requests propounded
19 by this Plaintiff include requests for information and documents related to her alleged sexual
20
assault and alleged entry into Plaintiff's home, the subject of the criminal case against Reyes. The
21
aforementioned discovery requests seek information from Reyes which could prejudice his
22
defense in the criminal action and thus would directly conflict with Reyes’ right against self-
23
24 incrimination as guaranteed by the California and U.S. Constitutions. For example, in the Request
25 for Admission’s, Set One, the Plaintiff asks Reyes to admit he had “nonconsensual physical
26
intercourse with the Plaintiff.” A true and accurate copy of Plaintiff's Request for Admissions is
27
attached hereto as Exhibit 3.
28
DECLARATION OF EARL E. CONAWAY, III IN SUPPORT OF MOTION TO STAY DISCOVERY, OR, IN
THE ALTERNATIVE, FOR A PROTECTIVE ORDER PENDING RESOLUTION OF A RELATED CRIMINAL
MATTER - 2
I I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed this 8"" day of September, 2023 in San Luis Obispo. iS
California.
Date: September 9, 2023 Ow?
EARL E. GGNAWAY, Il
9
10
11
12
13
14
1S
16
17
18
19
20
21
22
23
24
25
26
27
28
DECLARATION OF EARL E. CONAWAY, III IN SUPPORT OF MOTION TO STAY DISCOVERY, OR, IN
THE ALTERNATIVE, FOR A PROTECTIVE ORDER PENDING RESOLUTION OF A RELATED CRIMINAL,
MATTER - 3
EXHIBIT 1
ELECTRONICALLY FILED
Superior Court of California
County of Santa Barbara
Darrel E. Parker, Executive Officer
LAW OFFICES OF AMIN
Ramin R. Younessi, Esq. (SBN 175020
A PROFESSIONAL LAW CORPORATION
RY SI
9/13/2022 5:58 PM
By: Madelyn Mercer, Deputy
3435 Wilshire Boulevard, Suite 2200
Los Angeles, California 90010
Telephone:
Facsimile: ‘&i
13) 480-6200
3) 480-6201
Attorney for Plaintiff,
THA E. RAMIREZ
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA
10 22CV03495
MARTHA E, RAMIREZ, an individual, CaseNo
iL
Plaintiff, COMPLAINT FOR DAMAGES FOR:
12
v. 1 DISCRIMINATION IN VIOLATION OF
13 GOV’T CODE §§12940 ET SEO
JESUS REYES, an individual; REBECCA
14 REYES, an individual; and DOES 1 through 20 IMENT IN VIOLATION OF
inclusive, GOV'T CODE §§12940 ET SEQ.
15
Defendants RETALIATION IN VIOLATION OF
16 GOV'T CODE §§12940 ET SEQ.;
17 4. FOR DECLARATORY JUDGMENT:
18 BATTERY:
19 ASSAULT;
20 SEXUAL BATTERY (CIVIL CODE
$1708.5);
21
8. oye VIOLENCE (CIVIL CODE §
22 52.4)
23 9. SEXUAL HARASSMENT IN VIOLATION
OF CIVIL CODE §51.9;
10. VIOLATION OF THE RALPH CIVIL
25 RIGHTS ACT (CIVIL CODE §51.7);
26 11. VIOLATION OF THE TOM BANE CIVIL
RIGHTS ACT (CIVIL CODE §52.1)
27
28 DEMAND OVER $25,000
COMPLAINT FOR DAMAGES
[DEMAND FOR JURY TRIAL]
COMES NOW PLAINTIFF, MARTHA E. RAMIREZ, and for causes of action against the
Defendants and each of them, alleges as follows:
JURISDICTION
1 This Court is the proper court, and this action is properly filed in Santa Barbara County,
because Defendants’ obligations and liability arise therein, because Defendants transact business within
10
Santa Barbara County, and because the property that is the subject of this action is located in Santa
ll
Barbara County.
12
13
THE PARTIES
14
2. Plaintiff, Martha E. Ramirez, is and at all times relevant hereto was a resident of the
15
County of Santa Barbara,iState of California.
16
3 Plaintiff is, informed and believes, and based thereupon alleges, that at all times relevant
17
hereto, Defendant JESUS REYES (hereinafter referred to as “JESUS”), was and is an individual residing
18
in and doing business in the County of Santa Barbara, State of California.
19
4 Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant
20
hereto, Defendant REBECCA REYES (hereinafter referred to as “REBECCA”) was and is an individual
21
residing in and doing business in the County of Santa Barbara, State of California.
22
5 JESUS and REBECCA are hereinafter collectively referred to as “Landlords”.
23
6 Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant
24
hereto, Landlords owned the real property located at 1027 Barrett Street, Santa Maria, CA 93454 at leased
25
it for rent.
26
7. At all times relevant herein, Landlords and DOES 1-20 were Plaintiff's rental property
27
owner, managing agency and/or person having legal or equitable right of ownership or possession or the
28
-2-
COMPLAINT FOR DAMAGES
right to rent or lease the property within the meaning of Government Code §§ 12955 and 12927,
subdivision (e).
8 The true names and capacities, whether individual, corporate, associate, or otherwise, of |
the Defendants named herein as DOES 1-20, inclusive, are unknown to Plaintiff at this time and therefore
said Defendants are sued by such fictitious names. Plaintiff will seek leave to amend this complaint to
insert the true names and capacities of said Defendants when the same become known to Plaintiff.
Plaintiff is informed and believes, and based thereupon alleges, that each of the fictitiously named
Defendants is responsible for the wrongful acts alleged herein, and is therefore liable to Plaintiff as
alleged hereinafter.
10 9 Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant
i hereto, Defendants, and each of them, were the owners, agents, managing agents, brokers, coconspirators,
12 alter egos, successors, and/or joint ventures of the other Defendants, and each of them, and in doing the
13 things alleged herein, were acting at least in part within the course and scope of said agency, conspiracy,
14 ownership, alter ego status, successor status and/or joint venture and with the permission and consent of|
15 each of the other Defendants.
16 10. Plaintiff is informed and believes, and based thereupon alleges, that Defendants, and each
17 of them, including those defendants named as DOES 1-20, acted in concert with one another to commit
18 the wrongful acts alleged herein, and aided, abetted, incited, compelled and/or coerced one another in the
19 wrongful acts alleged herein, and/or attempted to do so, including pursuant to Government Code
20 §12955(g). Plaintiff is further informed and believes, and based thereupon alleges, that Defendants, and
21 each of them, including those defendants named as DOES 1-20, and éach of them, formed and executed
a conspiracy or common plan pursuant to which they would commit the unlawful acts alleged herein,
23 with all such acts alleged herein done as part of and pursuant to said conspiracy, intended to cause and
24 actually causing Plaintiff harm.
ll. Whenever and wherever reference is made in this complaint to any act or failure to act by
26 a Defendant or co-Defendant, such allegations and references shall also be deemed to mean the acts
27 and/or failures to act by each Defendant acting individually, jointly and severally.
28
3
COMPLAINT FOR DAMAGES
ALTER EGO, AGENCY, SUCCESSOR AND JOINT LANDLORD
12, Plaintiff is informed and believes, and based thereon alleges, that there exists such a unity
of interest and ownership between Landlords and DOES 1-20 that the individuality and separateness of
defendants have ceased to exist.
13. Plaintiff is informed and believes, and based thereon alleges, that despite the formation of |
purported corporate existence, Landlords arid DOES 1-20 are, in reality, one and the same, including, but
not limited to because:
a. Landlords are completely dominated and controlled by one another and DOES 1-
20, who personally committed the frauds and violated the laws as set forth in this complaint, and who
10 have hidden and currently hide behind Defendants to perpetrate frauds, circumvent statutes, or
i accomplish some other wrongful or inequitable purpose.
12 b. Landlords and DOES 1-20 derive actual and significant monetary benefits by and
13 through one another’s unlawful conduct, and by using one another as the funding source for their own
14 personal expenditures.
15 c. Landlords and DOES 1-20, while really one and the same, were segregated to
16 appear as though separate and distinct for purposes of perpetrating a fraud, circumventing a statute, or
17 accomplishing some other wrongful or inequitable purpose.
18 d. Landlords do not comply with all requisite corporate formalities to maintain a legal
19 and separate corporate existence.
20 &. The business affairs of Landiords and DOES 1-20 are, and at all times relevant
21 were, so mixed and intermingled that the same cannot reasonably be segregated, and the same are in
22 inextricable confusion. Landlords are, and at all times relevant hereto were, used by one another and
23 DOES 1-20 as a mere shell and conduit for the conduct of certain of Defendants’ affairs, and are, and
24 were, the alter ego of one another and DOES 1-20. The recognition of the separate existence of
25 Defendants would not promote justice, in that it would permit Defendants to insulate themselves from
26 liability to Plaintiff for violations of the Government Code and other statutory violations. The corporate
27 existence of Landlords and DOES 1-20 should be disregarded in equity and for the ends of justice because
28 such disregard is necessary to avoid fraud and injustice to Plaintiff herein,
-4-
COMPLAINT FOR DAMAGES
14, Accordingly, Landlords constitute the alter ego of one another and DOES 1-20, and the
fiction of their separate corporate existence must be disregarded.
15, As a result of the aforementioned facts, Plaintiff is informed and believes, and based
thereon alleges that Landlords and DOES 1-20 are Plaintiff's Landlords by virtue of a joint enterprise,
and that Plaintiff was a tenant of Landlords and DOES 1-20 property. Plaintiff rented from each and
every one of Defendants, and to the mutual benefit of all Defendants, and all Defendants shared control
of Plaintiff’s rental property, either directly or indirectly, and the manner in which Defendants’ business
was and is conducted.
16. Alternatively, Plaintiff is informed and believes and, based thereupon alleges, that as and
10 between DOES 1-20, Landlords, or any of them, (1) there is an express or implied agreement of|
il assumption pursuant to which Landlords and/or DOES 1-20 agreed to be liable for the debts of the other
12 Defendants, (2) the transaction between Landlords and/or DOES 1-20 and the other Defendants amounts
13 to a consolidation or merger of the two corporations, (3) Landlords and/or DOES 1-20 are a mere
14 continuation of the other Defendants, or (4) the transfer of assets to Landlords and/or DOES 1-20 is for
15 the fraudulent purpose of escaping liability for Defendants’ debts. Accordingly, Landlords and/or DOES
16 1-20 are the successors of one or more of the other Defendants and are liable on that basis.
17
18 FACTUAL ALLEGATIONS
19 17. Plaintiff entered into a rental agreement with the Landlord Defendants, JESUS and
20 REBECCA REYES, to lease Defendants’ real property located at 1027 Barrett St, Santa Maria, CA
21 93458 (the “Rental Property”).
22 18, On or about November 28, 2020, without giving prior notice to Plaintiff, JESUS entered
23 the Rental Property through the back door.
24 19, Plaintiff was present and alone at the Rental Property and was shocked to see JESUS.
25 Plaintiff asked JESUS what he was doing on the Rental Property as she did not give him permission to
26 enter. JESUS told Plaintiff to shut up, pulled down his pants, and began to sexually batter Plaintiff.
27 20. Plaintiff fought back and screamed at JESUS to stop, saying that her daughter would be
28 home at any moment. JESUS told Plaintiff that he knew that Plaintiff's daughter was not coming home
5-
COMPLAINT FOR DAMAGES
because she was in Los Angeles. Plaintiff does not know how JESUS knew this information, but it was
true that Plaintiff's daughter was out of town and would not return that day.
21, Thereafter, JESUS forcibly raped Plaintiff.
22. JESUS’s conduct alleged in the preceding paragraphs constituted a violation of Penal
Code §§ 243.4(e) and 289, and, thus, constituted sexual assault as such term is used pursuant to Code of
Civil Procedure §340.16.
23. The actions of JESUS were possible because JESUS owned the Rental Property, and arose
out of a Landlord-Tenant relationship established by the Parties’ rental agreement. Because of JESUS’s
position of power and authority over Plaintiff, causing Plaintiffs fear of eviction from the Rental
10 Property, Plaintiff was unable to, and did not, give meaningful consent to the aforementioned act.
Tt 24. As aresult of Defendants’ actions, Plaintiff has suffered and will continue to suffer general
12 and special damages, including severe and profound pain and emotional distress, humiliation, extreme
13 anxiety, depression, shame, horror, shock, anguish, physical manifestations of these conditions, physical
14 pain to her body, as well as expenses for medical and psychological treatment.
15 25. Plaintiff claims general damages for emotional and mental distress and aggravation in a
16 sum in excess of the jurisdictional minimum of this court.
17 26. Because the acts taken toward Plaintiff were carried out by Defendants acting in a
18 deliberate, cold, callous, cruel and intentional manner, in conscious disregard of Plaintiff's rights and in
19 order to injure and damage her, Plaintiff requests that punitive damages be levied against Defendants in
20 sums in excess of the jurisdictional minimum of this court.
21
22 FIRST CAUSE OF ACTION
23 FOR DISCRIMINATION IN VIOLATION OF GOV’T CODE §§12940 ET SEQ.
24 AGAINST ALL DEFENDANTS
25 27. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
26 though set forth in full herein.
27 28. At all times hereto, the FEHA was in full force and effect and was binding upon
28 Defendants and each of them.
6
COMPLAINT FOR DAMAGES
29. As such term is used under FEHA, “on the bases enumerated in this part” means or refers
to discrimination on the bases of one or more of the protected characteristics under FEHA.
30. FEHA requires Defendants to refrain from discriminating against a tenant on the basis of
gender, sex, and to prevent discrimination and harassment on the basis of gender and sex and engagement
in protected activities from occurring.
31. Plaintiff was a member of multiple protected classes as a result of her gender and sex.
32. Plaintiff suffered the adverse housing actions of unlawful harassment, discrimination,
failure to investigate, remedy, and/or prevent discrimination, and eviction, and was harmed thereby.
33. Plaintiff is informed and believes that Plaintiff's gender, sex, and/or some combination of
10 these protected characteristics under Government Code §12955(a) were motivating reasons and/or factors
11 in the decisions to subject Plaintiff to the aforementioned adverse housing actions.
12 34. Said conduct violates the FEHA, and such violations were a proximate cause in Plaintiff's
13 damage as stated below.
14 35. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
15 by reference.
16 36. The foregoing conduct of Defendants individually, or by and through their managing
17 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
18 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff
19 to cruel and unjust hardship in conscious disregard of Plaintiff's rights such as to constitute malice,
20 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount
21 appropriate to punish or make an example of Defendants.
37. Pursuant to Government Code §12980(h), Plaintiff requests a reasonable award of
attomeys’ fees and costs, including expert fees pursuant to the FEHA.
24
25
26
27
28
-7-
COMPLAINT FOR DAMAGES
SECOND CAUS) OF ACTION
FOR HARASSMENT IN VIOLATION OF GOV’T CODE §§12940 ET SEQ.
AGAINST ALL DEFENDANTS
38. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
though set forth in full herein.
39, At all times hereto, the FEHA was in full force and effect and was binding upon
Defendants and each of them.
40. As such term is used under FEHA, “on the bases enumerated in this part” means or refers
to harassment on the bases of one or more of the protected characteristics under FEHA.
10 Al. These laws set forth in the preceding paragraph require Defendants to refrain from
11 harassing, or creating, or maintaining a hostile environment against a tenant based upon the tenant’s
12 gender, sex, and engagement in protected activities, as set forth hereinabove.
13 42. Defendants’ harassing conduct was severe or pervasive, was unwelcome by Plaintiff, and
14 a reasonable person in Plaintiff's circumstances would have considered the housing environment to be
15 hostile or abusive.
16 43. Defendants violated the FEHA and the public policy of the State of California which is
17 embodied in the FEHA by creating a hostile environment and harassing Plaintiff because of Plaintiffs
18 gender, sex, engagement in protected activities, and/or some combination of these protected
19 characteristics, as set forth hereinabove.
20 44. The above said acts were perpetrated upon Plaintiffby a property owner and/or landlord,
21 and/or Defendants knew or should have known of the conduct but failed to take immediate and
22 appropriate corrective action.
23 45. The above said acts of Defendants constitute violations of the FEHA and violations of the
24 public policy of the State of California. Such violations were a proximate cause in Plaintiff's damage as
25 stated below.
26 46. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
27 by reference.
28
_
COMPLAINT FOR DAMAGES
47. The foregoing conduct of Defendants individually, or by and through their managing
agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff
to cruel and unjust hardship in conscious disregard of Plaintiff’s rights such as to constitute malice,
oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount
appropriate to punish or make an example of Defendants.
48. Pursuant to Government Code §12980(h), Plaintiff requests a reasonable award of
attorneys’ fees and costs, including expert fees pursuant to the FEHA.
10 THIRD CAUSE OF ACTION
1 FOR RETALIATION IN VIOLATION OF GOV’T CODE §§12: ‘T SEQ.
12 AGAINST ALL DEFENDANTS
13 49. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
14 though set forth in full herein.
15 50. At all times hereto, the FEHA was in full force and effect and was binding upon
16 Defendants and each of them.
17 51. These laws set forth in the preceding paragraph require Defendants to refrain from
18 retaliating against a tenant for engaging in protected activity.
19 52. Plaintiff engaged in the protected activities of complaining about and protesting
20 Defendants’ discriminatory and harassing conduct towards Plaintiff based upon her gender and sex.
21 53. Plaintiff suffered the adverse housing actions of unlawful harassment, discrimination,
22 failure to investigate, remedy, and/or prevent discrimination, and eviction, and was harmed thereby.
23 54. Plaintiff is informed and believes that Plaintiff's conduct of complaining about and
24 protesting Defendants’ discriminatory and harassing conduct, and/or some combination of these factors,
25 were motivating reasons and/or factors in the decisions to subject Plaintiff to the aforementioned adverse
26 housing actions.
27 55. Defendants violated the FEHA by retaliating against Plaintiff
and terminating Plaintiff for
28 attempting to exercise Plaintiff's protected rights, as set forth hereinabove.
-9-
COMPLAINT FOR DAMAGES
56. Plaintiff is informed and believes, and based thereon alleges, that the above acts of
retaliation committed by Defendants were done with the knowledge, consent, and/or ratification of, or at
the direction of, each other Defendant and the other Managers.
57. The above said acts of Defendants constitute violations of the FEHA, and were a
proximate cause in Plaintiff's damage as stated below.
358. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
by reference,
59. The foregoing conduct of Defendants individually, or by and through their managing
agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
10 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff
i to cruel and unjust hardship in conscious disregard of Plaintiff's rights such as to constitute malice,
12 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount
13 appropriate to punish or make an example of Defendants.
14 60. Pursuant to Government Code §12980(h), Plaintiff requests a reasonable award of
15 attorneys’ fees and costs, including expert fees pursuant to the FEHA.
16
17 FOURTH CAUSE OF ACTION
18 FOR DECLARATORY JUDGMENT
19 AGAINST ALL DEFENDANTS
20 61. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
21 though set forth in full herein.
62. Government Code §12920 sets forth the public policy of the State of California as follows:
23
d
It is hereby declared as the public olicy of this state that it is necessary to
24 de
protect and safeguard the right an opportunity of all persons to seek,
obtain, and hol employment without discrimination or abridgment on
account of race, religious creed, color, national origin, ancestry, physical
25 disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, or
26 sexual orientation.
27
ng ome
It is recognized that the prac tice of deny ying loyment opportunity and
in the terms of employment for ese reasons foments
domestic strife and unrest, deprives the state of the fullest utilization of its
capacities for development and advancement, and substantially anc
-10-
COMPLAINT FOR DAMAGES
adversely affects the interests of employees, employers, and the public in
general.
Further, the practice of discrimination because of race, color, religion,
sex, gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, familial status, source of income,
disability, or genetic information in housing accommodations is declared
to be against public policy.
It is the purpose of this part to provide effective remedies that will
eliminate these discriminatory practices.
This part shall be deemed an exercise of the police power of the state for
the protection of the welfare, health, and peace of the people of this state.
63 Moreover, Government Code §12921, subdivision (b) says in pertinent part:
The opportunity to seek, obtain, and hold hous in without discrimination
10
ial f
because of race, color, religi ion, Sex, en der, gen ler identity, gender
11
expression, sexual orientation, marit
t
status, national ori; in, ancestry,
familial status, source of income, disability, veteran or mi itary status,
enetic information, or any other basis prohibited Section 51 of the
12 ivil Code is hereby recognized as and declared to a civil right.
13
14 64. An actual controversy has arisen and now exists between Plaintiff and Defendants
15 concerning their respective rights and duties as it is believed that Defendants may allege that they did not
16 discriminate and retaliate against Plaintiff; that Plaintiff was not evicted as a result of Plaintiff's gender,
17 sex, engagement in protected activities, and/or some combination of these protected characteristics.
18 Plaintiff contends that Defendants did discriminate and retaliate against Plaintiff on the basis of Plaintiff's
19 gender, sex, engagement in protected activities, and/or some combination of these protected
20 characteristics; and that Plaintiff
was retaliated against and, ultimately evicted as a result of Plaintiff's
21 gender, sex, engagement in protected activities, and/or some combination of these protected
22 characteristics. Plaintiff is informed and believes, and on that basis alleges, that Defendants shall dispute
23 Plaintiff's contentions.
24 65. Pursuant to Code of Civil Procedure §1060, Plaintiff desires a judicial determination of
25 Plaintiffs rights and duties, and a declaration that Defendants harassed Plaintiff on the basis of Plaintiff's
26 gender, sex, engagement in protected activities, and/or some combination of these protected
27 characteristics.
28
-1l-
COMPLAINT FOR DAMAGES
66. Pursuant to Code of Civil Procedure §1060, Plaintiff seeks a judicial determination of
Plaintiff's rights and duties, and a declaration that Plaintiffs gender, sex, engagement in protected
activities, and/or some combination of these protected characteristics was a substantial motivating factor
in the decision to subject Plaintiff to the aforementioned adverse housing actions.
67. A judicial declaration is necessary and appropriate at this time under the circumstances in
order that Plaintiff, for Plaintiff and on behalf of employees in the State of California and in conformity
with the public policy of the State, obtain a judicial declaration of the wrongdoing of Defendants and to
condemn such discriminatory employment policies or practices prospectively. Harris v. City of Santa
Monica (2013) 56 Cal.4th 203.
10 68. A judicial declaration is necessary and appropriate at this time such that Defendants may
Tt also be aware of their obligations under the law to not engage in discriminatory practices and to not
12 violate the law in the future.
13 69. Government Cade §12980(h) provides that an aggrieved party, such as the Plaintiff herein,
14 may be awarded reasonable attorney's fees and costs: "In civil actions brought under this section, the
15 court, in its discretion, may award to the prevailing party, including the department, reasonable attorney's
16 fees and costs, including expert witness fees." Such fees and costs expended by an aggrieved party may
17 be awarded for the purpose of redressing, preventing, or deterring discrimination and harassment.
18
19 FIFTH CAUSE OF ACTION
20 FOR COMMON LAW BATTERY
21 AGAINST ALL DEFENDANTS
22 70. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
though set forth in full herein.
24 71. A person is liable for battery if the person intentionally caused a harmful or offensive
25 touching of another person.
26 72. As alleged herein, JESUS acted with intent to cause a harmful or offensive touching of
27 Plaintiff, and a harmful and offensive touching of Plaintiff resulted.
28
-12-
COMPLAINT FOR DAMAGES
BB. As alleged herein, JESUS solicited, encouraged, enabled, and conspired with DOES 1-20
to act with intent to cause a harmful or offensive touching of Plaintiff, and a harmful and offensive
touching of Plaintiff repeatedly resulted.
74. At all times when committing the aforementioned batteries, JESUS was active, at least in
part, in the course and scope as owner of the Rental Property and as Plaintiff's landlord.
TS. The above said acts of JESUS were a proximate cause in Plaintiff's damages as stated
below.
76. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
by reference.
10 77. The foregoing conduct of Defendants individually, or by and through their managing
11 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
12 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiffs
13 to cruel and unjust hardship in conscious disregard of Plaintiff's rights such as to constitute malice,
14 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount
15 appropriate to punish or make an example of Defendants.
16
17 SIXTH CAUSE OF ACTION
18 FOR COMMON LAW ASSAULT
19 AGAINST ALL DEFENDANTS
20 78. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
21 though set forth in full herein.
22 79. A person is liable for assault if the person intentionally threatened another person causing
23 a reasonable apprehension of an imminent harmful or offensive bodily contact.
24 80. As alleged herein, JESUS acted with intent to threaten Plaintiff with an imminent harmful
25 or offensive bodily contact and caused Plaintiff a reasonable apprehension of such contact.
26 81. As alleged herein, JESUS solicited, encouraged, enabled, and conspired with DOES 1-20
27 to act with intent to threaten Plaintiff with an imminent harmful or offensive bodily contact and caused
28 Plaintiff a reasonable apprehension of such contact.
-13-
COMPLAINT FOR DAMAGES
82. At all times when committing the aforementioned batteries, JESUS was acting, at least in
part, in the course and scope of owner of the Rental Property and as Plaintiff's landlord.
83, The above said acts of Defendants were a proximate cause in Plaintiff's damages as stated
below.
84. | The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
by reference.
85. The foregoing conduct of Defendants individually, or by and through their managing
agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff
10 to cruel and unjust hardship in conscious disregard of Plaintiff's rights such as to constitute malice,
il oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount
12 appropriate to punish or make an example of Defendants.
13
14 SEVENTH CAUSE OF ACTION
15 FOR SEXUAL BATTERY IN VIOLATION OF CIVIL CODE §1708.5 ET SEQ.
16 AGAINST ALL DE) Ss
17 86. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
18 though set forth in full herein.
19 87. At all times hereto, Civil Code §1708.5 was in full force and effect and was binding upon
20 Defendants and each of them. Under Civil Code §1708.5, a person is civilly liable for sexual battery if
21 the person acted with the intent to cause harmful or offensive contact with an intimate part of another,
22 and a sexually offensive contact results.
23 88. As alleged herein, JESUS acted with intent to cause harmful or offensive contact with an
24 intimate part of Plaintiff, including her vagina, and a sexually offensive and harmful contact resulted. At
25 the time of his sexual batteries upon Plaintiff, JESUS was acting, at least in part, in the course and scope
26 of owner of the Rental Property and as Plaintiffs landlord, and Landlord Defendants and DOES 1-20,
27 ratified JESUS’s sexual batteries upon Plaintiff.
28
-14-
COMPLAINT FOR DAMAGES
89. The above said acts of Defendants constitute violations of Civil Code §1708.5, and were
a proximate cause in Plaintiff's damages as stated below.
90. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
by reference.
91. Pursuant to Civil Code §1708.5(c), Plaintiff requests an award of punitive damages, i
addition to general and special damages.
92. Pursuant to Civil Code §1708.5(c) and this court’s statutory authority to award any other
relief the court deems proper, Plaintiff requests a reasonable award of attorneys’ fees and costs, including
expert fees, and any other relief the court deems proper.
10
11 EIGHTH CAUSE OF ACTION
12 FOR GENDER VIOLENCE
13 CIVIL CODE §52.4
14 AGAINST ALL DEFENDANTS
15 93. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
.
16 though set forth in full herein.
17 94. At all relevant times mentioned in this complaint, Civil Code §52.4 was in full force and
18 effect and was binding on Defendants.
19 95. Civil Code §52.4 declares, in pertinent part, that any person subjected to gender violence
20 may bring a civil action for damages against any responsible party, and may seek actual, compensatory,
21 and punitive damages thereof, or any other appropriate relief.
96. For purposes of Civil Code §52.4, gender violence is a form of sex discrimination and
23 means any of the following:
24 a. An act that would constitute a criminal offense under state Jaw that has as an
25 element the use, attempted use or threatened use of physical force against the person of another,
26 committed at least in part based on the gender of the victim, whether or not the act has resulted in a
27 criminal complaint, charge, prosecution, or conviction.
28
15+
COMPLAINT FOR DAMAGES
b A physical intrusion or physical invasion of a sexual nature under coercive
conditions, whether or not the act has resulted in a criminal complaint, charge, prosecution, or conviction.
97. As alleged above, JESUS assaulted, battered, raped, sexually assaulted, and sexually
battered Plaintiff thereby subjecting her to gender violence within the meaning of Civil Code §52.4.
98. As alleged above, JESUS engaged in the foregoing conduct at least in part based on
Plaintiff's gender, theréby subjecting her to gender violence within the meaning of Civil Code §52.4.
99. As alleged above, JESUS raped Plaintiff at the Rental Property where Plaintiff had the
right to occupy and did not give JESUS permission to enter, and thereby assaulted and battered Plaintiff,
thereby subjecting her to gender violence within the meaning of Civil Code §52.4.
10 100. As alleged above, JESUS engaged in the foregoing conduct at least in part based on
1L Plaintiff's gender, thereby subjecting her to gender violence within the meaning of Civil Code §52.4.
12 101. At the time of the gender violence, JESUS was acting, at least in part, in the course and
13 scope of owner of the Rental Property and as Plaintiff's landlord, and Landlord Defendants, enabled and
14 ratified JESUS’s gender violence committed against Plaintiff.
15 102. In so doing, JESUS and Landlord Defendants committed gender violence against Plaintiff!
16 in violation of Civil Code §52.4.
17 103. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated
18 by reference.
19 104. The foregoing conduct of Defendants individually, or by and through their managing
20 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried
21 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff
22 to cruel and unjust hardship in conscious disregard of Plaintiff's right to be free from gender violence,
23 such as to constitute malice, oppression, or fraud under Civil Code §52.4(a), thereby entitling Plaintiff to
punitive damages in an amount appropriate to punish or make an example of Defendants.
105. Pursuant to Civil Code §52.4(a), Plaintiff requests an award of attorneys’ fees in
26 prosecuting this action.
27
28
-16-
COMPLAINT FOR DAMAGES
NINTH CAUSE OF A
FOR SEXUAL HARASSMENT
¢ CODE §51.9
AGAINST ALL DEFENDANTS
106. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as
though set forth in full herein.
107. At all relevant times mentioned in this complaint, Civil Code §51.9 was in full force and
effect and was binding on defendants, and makes unlawful sexual harassment in the context of a business,
service or professional relationship, expressly including that of landiord or property manager.
10 108. At all relevant times herein, Plaintiff, on the one hand, and Defendants, on the other hand,
11 were in a business, service, or professional relationship, by virtue of Plaintiffs tenancy at the Rental
12 Property, and Defendants' status as landlord and/or property manager.
13 109. Defendants, by and through JESUS, made sexual advances, solicitations, sexual requests,
14 demands for sexual compliance by the Plaintiff, or engaged in other verbal, visual, or physical conduct
15 of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe.
16 110. Due to Plaintiff's tenancy at the Rental Property with her daughter, there was an inability
17 by Plaintiff to easily terminate the relationship with Defendants, and each of them.
18 111. Plaintiff is informed and believes, and thereon alleges, that the acts of JESUS alleged
19 herein were done at least in part, in the course and scope of owner of the Rental Property and as Plaintiff's
20 landlord. This conduct occurred while JESUS was owner of the Rental Property, arosé from the very
21 professional services JESUS was to perform pursuant to the Landlord-Tenant relationship, and that this
22 predatory and exploitative sexual conduct was incidental to the Landlord-Tenant relationship between
23 Plaintiff and Defendants.
24 112. Defendants, including Landlord Defendants, are vicariously responsible for the unlawful
25 conduct of JESUS under the plain language of Civil Code §51.9: "The word ‘person’ includes a
26 corporation as well as a natural person." Hassan v. Mercy American River Hosp.
Preview
Earl. E. Conaway, III (SBN 256239) EARL E. CONAWAY, III - A PROFESSIONAL LAW CORPORATION 1320 Osos Street San Luis Obispo, CA 93401 Tel: (805) 546-8797 | Fax: (888) 466-8702 earl@conawaylawfirm.com Attorneys for Defendant, JESUS REYES SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA BARBARA SANTA MARIA - COOK DIVISION 10 I MARTHA E. RAMIREZ, an individual, Case No.: 22CV03495 12 Plaintiff, DECLARATION OF EARL E. 13 CONAWAY, III IN SUPPORT OF vs. MOTION TO STAY DISCOVERY, 14 OR, IN THE ALTERNATIVE, FOR 15 JESUS REYES, an individual; REBECCA A PROTECTIVE ORDER PENDING REYES, an individual; and DOES 1 through RESOLUTION OF A RELATED 16 20, inclusive, CRIMINAL MATTER 17 Defendants. (Filed concurrently with Defendant, Jesug 18 Reyes’ Notice of Motion and Motion to Sta Discovery, or, in the Alternative, for 4 19 Protective Order Pending Resolution of 4 Related Criminal Matter; [Proposed] Order) 20 21 Date: October 19, 2023 Time: 8:30 a.m. 22 Dept: 4 Judge: Hon. Jed Beebe 23 24 25 26 27 28 DECLARATION OF EARL E. CONAWAY, III IN SUPPORT OF MOTION TO STAY DISCOVERY, OR, IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER PENDING RESOLUTION OF A RELATED CRIMINAL! MATTER - | I, Earl E. Conaway, declare: 1 I am an attorney licensed to practice law in the State of California. I am the attorney of record for Defendant, Jesus Reyes (“Reyes”) in the above-entitled action; 2 The civil action pending before this Court, Ramirez v. Jesus Reyes, et. al., Case Number 22CV03495, was originally filed by Plaintiff on or about September 13, 2022. The Complaint alleges that on November 28, 2020, Reyes entered Plaintiff's home and forcibly sexually assaulted Plaintiff. A true and accurate copy of the Complaint is attached hereto as Exhibit 1. 3 On or about July 1, 2021, Reyes was charged by the Santa Barbara County District 10 Attorney with forcible rape (Cal. Penal section 261, subd. (a)(2)) and residential burglary (Cal. I 12 Penal section 459) in Santa Barbara Superior Court case number 21CR04181, based on police 13 reports filed by the Plaintiff in this lawsuit. A true and accurate copy of the Case Summary in 14 Santa Barbara Superior Court case number 21CR04181 is attached hereto as Exhibit 2. 15 4. On August 28, 2023, Plaintiff propounded discovery on Reyes, consisting of a request 16 to take Reyes’ deposition, a Request for Production of Documents, Form Interrogatories — 17 18 General, Special Interrogatories, and Request for Admission. The discovery requests propounded 19 by this Plaintiff include requests for information and documents related to her alleged sexual 20 assault and alleged entry into Plaintiff's home, the subject of the criminal case against Reyes. The 21 aforementioned discovery requests seek information from Reyes which could prejudice his 22 defense in the criminal action and thus would directly conflict with Reyes’ right against self- 23 24 incrimination as guaranteed by the California and U.S. Constitutions. For example, in the Request 25 for Admission’s, Set One, the Plaintiff asks Reyes to admit he had “nonconsensual physical 26 intercourse with the Plaintiff.” A true and accurate copy of Plaintiff's Request for Admissions is 27 attached hereto as Exhibit 3. 28 DECLARATION OF EARL E. CONAWAY, III IN SUPPORT OF MOTION TO STAY DISCOVERY, OR, IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER PENDING RESOLUTION OF A RELATED CRIMINAL MATTER - 2 I I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 8"" day of September, 2023 in San Luis Obispo. iS California. Date: September 9, 2023 Ow? EARL E. GGNAWAY, Il 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF EARL E. CONAWAY, III IN SUPPORT OF MOTION TO STAY DISCOVERY, OR, IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER PENDING RESOLUTION OF A RELATED CRIMINAL, MATTER - 3 EXHIBIT 1 ELECTRONICALLY FILED Superior Court of California County of Santa Barbara Darrel E. Parker, Executive Officer LAW OFFICES OF AMIN Ramin R. Younessi, Esq. (SBN 175020 A PROFESSIONAL LAW CORPORATION RY SI 9/13/2022 5:58 PM By: Madelyn Mercer, Deputy 3435 Wilshire Boulevard, Suite 2200 Los Angeles, California 90010 Telephone: Facsimile: ‘&i 13) 480-6200 3) 480-6201 Attorney for Plaintiff, THA E. RAMIREZ SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA 10 22CV03495 MARTHA E, RAMIREZ, an individual, CaseNo iL Plaintiff, COMPLAINT FOR DAMAGES FOR: 12 v. 1 DISCRIMINATION IN VIOLATION OF 13 GOV’T CODE §§12940 ET SEO JESUS REYES, an individual; REBECCA 14 REYES, an individual; and DOES 1 through 20 IMENT IN VIOLATION OF inclusive, GOV'T CODE §§12940 ET SEQ. 15 Defendants RETALIATION IN VIOLATION OF 16 GOV'T CODE §§12940 ET SEQ.; 17 4. FOR DECLARATORY JUDGMENT: 18 BATTERY: 19 ASSAULT; 20 SEXUAL BATTERY (CIVIL CODE $1708.5); 21 8. oye VIOLENCE (CIVIL CODE § 22 52.4) 23 9. SEXUAL HARASSMENT IN VIOLATION OF CIVIL CODE §51.9; 10. VIOLATION OF THE RALPH CIVIL 25 RIGHTS ACT (CIVIL CODE §51.7); 26 11. VIOLATION OF THE TOM BANE CIVIL RIGHTS ACT (CIVIL CODE §52.1) 27 28 DEMAND OVER $25,000 COMPLAINT FOR DAMAGES [DEMAND FOR JURY TRIAL] COMES NOW PLAINTIFF, MARTHA E. RAMIREZ, and for causes of action against the Defendants and each of them, alleges as follows: JURISDICTION 1 This Court is the proper court, and this action is properly filed in Santa Barbara County, because Defendants’ obligations and liability arise therein, because Defendants transact business within 10 Santa Barbara County, and because the property that is the subject of this action is located in Santa ll Barbara County. 12 13 THE PARTIES 14 2. Plaintiff, Martha E. Ramirez, is and at all times relevant hereto was a resident of the 15 County of Santa Barbara,iState of California. 16 3 Plaintiff is, informed and believes, and based thereupon alleges, that at all times relevant 17 hereto, Defendant JESUS REYES (hereinafter referred to as “JESUS”), was and is an individual residing 18 in and doing business in the County of Santa Barbara, State of California. 19 4 Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant 20 hereto, Defendant REBECCA REYES (hereinafter referred to as “REBECCA”) was and is an individual 21 residing in and doing business in the County of Santa Barbara, State of California. 22 5 JESUS and REBECCA are hereinafter collectively referred to as “Landlords”. 23 6 Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant 24 hereto, Landlords owned the real property located at 1027 Barrett Street, Santa Maria, CA 93454 at leased 25 it for rent. 26 7. At all times relevant herein, Landlords and DOES 1-20 were Plaintiff's rental property 27 owner, managing agency and/or person having legal or equitable right of ownership or possession or the 28 -2- COMPLAINT FOR DAMAGES right to rent or lease the property within the meaning of Government Code §§ 12955 and 12927, subdivision (e). 8 The true names and capacities, whether individual, corporate, associate, or otherwise, of | the Defendants named herein as DOES 1-20, inclusive, are unknown to Plaintiff at this time and therefore said Defendants are sued by such fictitious names. Plaintiff will seek leave to amend this complaint to insert the true names and capacities of said Defendants when the same become known to Plaintiff. Plaintiff is informed and believes, and based thereupon alleges, that each of the fictitiously named Defendants is responsible for the wrongful acts alleged herein, and is therefore liable to Plaintiff as alleged hereinafter. 10 9 Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant i hereto, Defendants, and each of them, were the owners, agents, managing agents, brokers, coconspirators, 12 alter egos, successors, and/or joint ventures of the other Defendants, and each of them, and in doing the 13 things alleged herein, were acting at least in part within the course and scope of said agency, conspiracy, 14 ownership, alter ego status, successor status and/or joint venture and with the permission and consent of| 15 each of the other Defendants. 16 10. Plaintiff is informed and believes, and based thereupon alleges, that Defendants, and each 17 of them, including those defendants named as DOES 1-20, acted in concert with one another to commit 18 the wrongful acts alleged herein, and aided, abetted, incited, compelled and/or coerced one another in the 19 wrongful acts alleged herein, and/or attempted to do so, including pursuant to Government Code 20 §12955(g). Plaintiff is further informed and believes, and based thereupon alleges, that Defendants, and 21 each of them, including those defendants named as DOES 1-20, and éach of them, formed and executed a conspiracy or common plan pursuant to which they would commit the unlawful acts alleged herein, 23 with all such acts alleged herein done as part of and pursuant to said conspiracy, intended to cause and 24 actually causing Plaintiff harm. ll. Whenever and wherever reference is made in this complaint to any act or failure to act by 26 a Defendant or co-Defendant, such allegations and references shall also be deemed to mean the acts 27 and/or failures to act by each Defendant acting individually, jointly and severally. 28 3 COMPLAINT FOR DAMAGES ALTER EGO, AGENCY, SUCCESSOR AND JOINT LANDLORD 12, Plaintiff is informed and believes, and based thereon alleges, that there exists such a unity of interest and ownership between Landlords and DOES 1-20 that the individuality and separateness of defendants have ceased to exist. 13. Plaintiff is informed and believes, and based thereon alleges, that despite the formation of | purported corporate existence, Landlords arid DOES 1-20 are, in reality, one and the same, including, but not limited to because: a. Landlords are completely dominated and controlled by one another and DOES 1- 20, who personally committed the frauds and violated the laws as set forth in this complaint, and who 10 have hidden and currently hide behind Defendants to perpetrate frauds, circumvent statutes, or i accomplish some other wrongful or inequitable purpose. 12 b. Landlords and DOES 1-20 derive actual and significant monetary benefits by and 13 through one another’s unlawful conduct, and by using one another as the funding source for their own 14 personal expenditures. 15 c. Landlords and DOES 1-20, while really one and the same, were segregated to 16 appear as though separate and distinct for purposes of perpetrating a fraud, circumventing a statute, or 17 accomplishing some other wrongful or inequitable purpose. 18 d. Landlords do not comply with all requisite corporate formalities to maintain a legal 19 and separate corporate existence. 20 &. The business affairs of Landiords and DOES 1-20 are, and at all times relevant 21 were, so mixed and intermingled that the same cannot reasonably be segregated, and the same are in 22 inextricable confusion. Landlords are, and at all times relevant hereto were, used by one another and 23 DOES 1-20 as a mere shell and conduit for the conduct of certain of Defendants’ affairs, and are, and 24 were, the alter ego of one another and DOES 1-20. The recognition of the separate existence of 25 Defendants would not promote justice, in that it would permit Defendants to insulate themselves from 26 liability to Plaintiff for violations of the Government Code and other statutory violations. The corporate 27 existence of Landlords and DOES 1-20 should be disregarded in equity and for the ends of justice because 28 such disregard is necessary to avoid fraud and injustice to Plaintiff herein, -4- COMPLAINT FOR DAMAGES 14, Accordingly, Landlords constitute the alter ego of one another and DOES 1-20, and the fiction of their separate corporate existence must be disregarded. 15, As a result of the aforementioned facts, Plaintiff is informed and believes, and based thereon alleges that Landlords and DOES 1-20 are Plaintiff's Landlords by virtue of a joint enterprise, and that Plaintiff was a tenant of Landlords and DOES 1-20 property. Plaintiff rented from each and every one of Defendants, and to the mutual benefit of all Defendants, and all Defendants shared control of Plaintiff’s rental property, either directly or indirectly, and the manner in which Defendants’ business was and is conducted. 16. Alternatively, Plaintiff is informed and believes and, based thereupon alleges, that as and 10 between DOES 1-20, Landlords, or any of them, (1) there is an express or implied agreement of| il assumption pursuant to which Landlords and/or DOES 1-20 agreed to be liable for the debts of the other 12 Defendants, (2) the transaction between Landlords and/or DOES 1-20 and the other Defendants amounts 13 to a consolidation or merger of the two corporations, (3) Landlords and/or DOES 1-20 are a mere 14 continuation of the other Defendants, or (4) the transfer of assets to Landlords and/or DOES 1-20 is for 15 the fraudulent purpose of escaping liability for Defendants’ debts. Accordingly, Landlords and/or DOES 16 1-20 are the successors of one or more of the other Defendants and are liable on that basis. 17 18 FACTUAL ALLEGATIONS 19 17. Plaintiff entered into a rental agreement with the Landlord Defendants, JESUS and 20 REBECCA REYES, to lease Defendants’ real property located at 1027 Barrett St, Santa Maria, CA 21 93458 (the “Rental Property”). 22 18, On or about November 28, 2020, without giving prior notice to Plaintiff, JESUS entered 23 the Rental Property through the back door. 24 19, Plaintiff was present and alone at the Rental Property and was shocked to see JESUS. 25 Plaintiff asked JESUS what he was doing on the Rental Property as she did not give him permission to 26 enter. JESUS told Plaintiff to shut up, pulled down his pants, and began to sexually batter Plaintiff. 27 20. Plaintiff fought back and screamed at JESUS to stop, saying that her daughter would be 28 home at any moment. JESUS told Plaintiff that he knew that Plaintiff's daughter was not coming home 5- COMPLAINT FOR DAMAGES because she was in Los Angeles. Plaintiff does not know how JESUS knew this information, but it was true that Plaintiff's daughter was out of town and would not return that day. 21, Thereafter, JESUS forcibly raped Plaintiff. 22. JESUS’s conduct alleged in the preceding paragraphs constituted a violation of Penal Code §§ 243.4(e) and 289, and, thus, constituted sexual assault as such term is used pursuant to Code of Civil Procedure §340.16. 23. The actions of JESUS were possible because JESUS owned the Rental Property, and arose out of a Landlord-Tenant relationship established by the Parties’ rental agreement. Because of JESUS’s position of power and authority over Plaintiff, causing Plaintiffs fear of eviction from the Rental 10 Property, Plaintiff was unable to, and did not, give meaningful consent to the aforementioned act. Tt 24. As aresult of Defendants’ actions, Plaintiff has suffered and will continue to suffer general 12 and special damages, including severe and profound pain and emotional distress, humiliation, extreme 13 anxiety, depression, shame, horror, shock, anguish, physical manifestations of these conditions, physical 14 pain to her body, as well as expenses for medical and psychological treatment. 15 25. Plaintiff claims general damages for emotional and mental distress and aggravation in a 16 sum in excess of the jurisdictional minimum of this court. 17 26. Because the acts taken toward Plaintiff were carried out by Defendants acting in a 18 deliberate, cold, callous, cruel and intentional manner, in conscious disregard of Plaintiff's rights and in 19 order to injure and damage her, Plaintiff requests that punitive damages be levied against Defendants in 20 sums in excess of the jurisdictional minimum of this court. 21 22 FIRST CAUSE OF ACTION 23 FOR DISCRIMINATION IN VIOLATION OF GOV’T CODE §§12940 ET SEQ. 24 AGAINST ALL DEFENDANTS 25 27. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 26 though set forth in full herein. 27 28. At all times hereto, the FEHA was in full force and effect and was binding upon 28 Defendants and each of them. 6 COMPLAINT FOR DAMAGES 29. As such term is used under FEHA, “on the bases enumerated in this part” means or refers to discrimination on the bases of one or more of the protected characteristics under FEHA. 30. FEHA requires Defendants to refrain from discriminating against a tenant on the basis of gender, sex, and to prevent discrimination and harassment on the basis of gender and sex and engagement in protected activities from occurring. 31. Plaintiff was a member of multiple protected classes as a result of her gender and sex. 32. Plaintiff suffered the adverse housing actions of unlawful harassment, discrimination, failure to investigate, remedy, and/or prevent discrimination, and eviction, and was harmed thereby. 33. Plaintiff is informed and believes that Plaintiff's gender, sex, and/or some combination of 10 these protected characteristics under Government Code §12955(a) were motivating reasons and/or factors 11 in the decisions to subject Plaintiff to the aforementioned adverse housing actions. 12 34. Said conduct violates the FEHA, and such violations were a proximate cause in Plaintiff's 13 damage as stated below. 14 35. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated 15 by reference. 16 36. The foregoing conduct of Defendants individually, or by and through their managing 17 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried 18 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff 19 to cruel and unjust hardship in conscious disregard of Plaintiff's rights such as to constitute malice, 20 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount 21 appropriate to punish or make an example of Defendants. 37. Pursuant to Government Code §12980(h), Plaintiff requests a reasonable award of attomeys’ fees and costs, including expert fees pursuant to the FEHA. 24 25 26 27 28 -7- COMPLAINT FOR DAMAGES SECOND CAUS) OF ACTION FOR HARASSMENT IN VIOLATION OF GOV’T CODE §§12940 ET SEQ. AGAINST ALL DEFENDANTS 38. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as though set forth in full herein. 39, At all times hereto, the FEHA was in full force and effect and was binding upon Defendants and each of them. 40. As such term is used under FEHA, “on the bases enumerated in this part” means or refers to harassment on the bases of one or more of the protected characteristics under FEHA. 10 Al. These laws set forth in the preceding paragraph require Defendants to refrain from 11 harassing, or creating, or maintaining a hostile environment against a tenant based upon the tenant’s 12 gender, sex, and engagement in protected activities, as set forth hereinabove. 13 42. Defendants’ harassing conduct was severe or pervasive, was unwelcome by Plaintiff, and 14 a reasonable person in Plaintiff's circumstances would have considered the housing environment to be 15 hostile or abusive. 16 43. Defendants violated the FEHA and the public policy of the State of California which is 17 embodied in the FEHA by creating a hostile environment and harassing Plaintiff because of Plaintiffs 18 gender, sex, engagement in protected activities, and/or some combination of these protected 19 characteristics, as set forth hereinabove. 20 44. The above said acts were perpetrated upon Plaintiffby a property owner and/or landlord, 21 and/or Defendants knew or should have known of the conduct but failed to take immediate and 22 appropriate corrective action. 23 45. The above said acts of Defendants constitute violations of the FEHA and violations of the 24 public policy of the State of California. Such violations were a proximate cause in Plaintiff's damage as 25 stated below. 26 46. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated 27 by reference. 28 _ COMPLAINT FOR DAMAGES 47. The foregoing conduct of Defendants individually, or by and through their managing agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff to cruel and unjust hardship in conscious disregard of Plaintiff’s rights such as to constitute malice, oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount appropriate to punish or make an example of Defendants. 48. Pursuant to Government Code §12980(h), Plaintiff requests a reasonable award of attorneys’ fees and costs, including expert fees pursuant to the FEHA. 10 THIRD CAUSE OF ACTION 1 FOR RETALIATION IN VIOLATION OF GOV’T CODE §§12: ‘T SEQ. 12 AGAINST ALL DEFENDANTS 13 49. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 14 though set forth in full herein. 15 50. At all times hereto, the FEHA was in full force and effect and was binding upon 16 Defendants and each of them. 17 51. These laws set forth in the preceding paragraph require Defendants to refrain from 18 retaliating against a tenant for engaging in protected activity. 19 52. Plaintiff engaged in the protected activities of complaining about and protesting 20 Defendants’ discriminatory and harassing conduct towards Plaintiff based upon her gender and sex. 21 53. Plaintiff suffered the adverse housing actions of unlawful harassment, discrimination, 22 failure to investigate, remedy, and/or prevent discrimination, and eviction, and was harmed thereby. 23 54. Plaintiff is informed and believes that Plaintiff's conduct of complaining about and 24 protesting Defendants’ discriminatory and harassing conduct, and/or some combination of these factors, 25 were motivating reasons and/or factors in the decisions to subject Plaintiff to the aforementioned adverse 26 housing actions. 27 55. Defendants violated the FEHA by retaliating against Plaintiff and terminating Plaintiff for 28 attempting to exercise Plaintiff's protected rights, as set forth hereinabove. -9- COMPLAINT FOR DAMAGES 56. Plaintiff is informed and believes, and based thereon alleges, that the above acts of retaliation committed by Defendants were done with the knowledge, consent, and/or ratification of, or at the direction of, each other Defendant and the other Managers. 57. The above said acts of Defendants constitute violations of the FEHA, and were a proximate cause in Plaintiff's damage as stated below. 358. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated by reference, 59. The foregoing conduct of Defendants individually, or by and through their managing agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried 10 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff i to cruel and unjust hardship in conscious disregard of Plaintiff's rights such as to constitute malice, 12 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount 13 appropriate to punish or make an example of Defendants. 14 60. Pursuant to Government Code §12980(h), Plaintiff requests a reasonable award of 15 attorneys’ fees and costs, including expert fees pursuant to the FEHA. 16 17 FOURTH CAUSE OF ACTION 18 FOR DECLARATORY JUDGMENT 19 AGAINST ALL DEFENDANTS 20 61. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 21 though set forth in full herein. 62. Government Code §12920 sets forth the public policy of the State of California as follows: 23 d It is hereby declared as the public olicy of this state that it is necessary to 24 de protect and safeguard the right an opportunity of all persons to seek, obtain, and hol employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical 25 disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or 26 sexual orientation. 27 ng ome It is recognized that the prac tice of deny ying loyment opportunity and in the terms of employment for ese reasons foments domestic strife and unrest, deprives the state of the fullest utilization of its capacities for development and advancement, and substantially anc -10- COMPLAINT FOR DAMAGES adversely affects the interests of employees, employers, and the public in general. Further, the practice of discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in housing accommodations is declared to be against public policy. It is the purpose of this part to provide effective remedies that will eliminate these discriminatory practices. This part shall be deemed an exercise of the police power of the state for the protection of the welfare, health, and peace of the people of this state. 63 Moreover, Government Code §12921, subdivision (b) says in pertinent part: The opportunity to seek, obtain, and hold hous in without discrimination 10 ial f because of race, color, religi ion, Sex, en der, gen ler identity, gender 11 expression, sexual orientation, marit t status, national ori; in, ancestry, familial status, source of income, disability, veteran or mi itary status, enetic information, or any other basis prohibited Section 51 of the 12 ivil Code is hereby recognized as and declared to a civil right. 13 14 64. An actual controversy has arisen and now exists between Plaintiff and Defendants 15 concerning their respective rights and duties as it is believed that Defendants may allege that they did not 16 discriminate and retaliate against Plaintiff; that Plaintiff was not evicted as a result of Plaintiff's gender, 17 sex, engagement in protected activities, and/or some combination of these protected characteristics. 18 Plaintiff contends that Defendants did discriminate and retaliate against Plaintiff on the basis of Plaintiff's 19 gender, sex, engagement in protected activities, and/or some combination of these protected 20 characteristics; and that Plaintiff was retaliated against and, ultimately evicted as a result of Plaintiff's 21 gender, sex, engagement in protected activities, and/or some combination of these protected 22 characteristics. Plaintiff is informed and believes, and on that basis alleges, that Defendants shall dispute 23 Plaintiff's contentions. 24 65. Pursuant to Code of Civil Procedure §1060, Plaintiff desires a judicial determination of 25 Plaintiffs rights and duties, and a declaration that Defendants harassed Plaintiff on the basis of Plaintiff's 26 gender, sex, engagement in protected activities, and/or some combination of these protected 27 characteristics. 28 -1l- COMPLAINT FOR DAMAGES 66. Pursuant to Code of Civil Procedure §1060, Plaintiff seeks a judicial determination of Plaintiff's rights and duties, and a declaration that Plaintiffs gender, sex, engagement in protected activities, and/or some combination of these protected characteristics was a substantial motivating factor in the decision to subject Plaintiff to the aforementioned adverse housing actions. 67. A judicial declaration is necessary and appropriate at this time under the circumstances in order that Plaintiff, for Plaintiff and on behalf of employees in the State of California and in conformity with the public policy of the State, obtain a judicial declaration of the wrongdoing of Defendants and to condemn such discriminatory employment policies or practices prospectively. Harris v. City of Santa Monica (2013) 56 Cal.4th 203. 10 68. A judicial declaration is necessary and appropriate at this time such that Defendants may Tt also be aware of their obligations under the law to not engage in discriminatory practices and to not 12 violate the law in the future. 13 69. Government Cade §12980(h) provides that an aggrieved party, such as the Plaintiff herein, 14 may be awarded reasonable attorney's fees and costs: "In civil actions brought under this section, the 15 court, in its discretion, may award to the prevailing party, including the department, reasonable attorney's 16 fees and costs, including expert witness fees." Such fees and costs expended by an aggrieved party may 17 be awarded for the purpose of redressing, preventing, or deterring discrimination and harassment. 18 19 FIFTH CAUSE OF ACTION 20 FOR COMMON LAW BATTERY 21 AGAINST ALL DEFENDANTS 22 70. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as though set forth in full herein. 24 71. A person is liable for battery if the person intentionally caused a harmful or offensive 25 touching of another person. 26 72. As alleged herein, JESUS acted with intent to cause a harmful or offensive touching of 27 Plaintiff, and a harmful and offensive touching of Plaintiff resulted. 28 -12- COMPLAINT FOR DAMAGES BB. As alleged herein, JESUS solicited, encouraged, enabled, and conspired with DOES 1-20 to act with intent to cause a harmful or offensive touching of Plaintiff, and a harmful and offensive touching of Plaintiff repeatedly resulted. 74. At all times when committing the aforementioned batteries, JESUS was active, at least in part, in the course and scope as owner of the Rental Property and as Plaintiff's landlord. TS. The above said acts of JESUS were a proximate cause in Plaintiff's damages as stated below. 76. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated by reference. 10 77. The foregoing conduct of Defendants individually, or by and through their managing 11 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried 12 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiffs 13 to cruel and unjust hardship in conscious disregard of Plaintiff's rights such as to constitute malice, 14 oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount 15 appropriate to punish or make an example of Defendants. 16 17 SIXTH CAUSE OF ACTION 18 FOR COMMON LAW ASSAULT 19 AGAINST ALL DEFENDANTS 20 78. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 21 though set forth in full herein. 22 79. A person is liable for assault if the person intentionally threatened another person causing 23 a reasonable apprehension of an imminent harmful or offensive bodily contact. 24 80. As alleged herein, JESUS acted with intent to threaten Plaintiff with an imminent harmful 25 or offensive bodily contact and caused Plaintiff a reasonable apprehension of such contact. 26 81. As alleged herein, JESUS solicited, encouraged, enabled, and conspired with DOES 1-20 27 to act with intent to threaten Plaintiff with an imminent harmful or offensive bodily contact and caused 28 Plaintiff a reasonable apprehension of such contact. -13- COMPLAINT FOR DAMAGES 82. At all times when committing the aforementioned batteries, JESUS was acting, at least in part, in the course and scope of owner of the Rental Property and as Plaintiff's landlord. 83, The above said acts of Defendants were a proximate cause in Plaintiff's damages as stated below. 84. | The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated by reference. 85. The foregoing conduct of Defendants individually, or by and through their managing agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff 10 to cruel and unjust hardship in conscious disregard of Plaintiff's rights such as to constitute malice, il oppression, or fraud under Civil Code §3294, thereby entitling Plaintiff to punitive damages in an amount 12 appropriate to punish or make an example of Defendants. 13 14 SEVENTH CAUSE OF ACTION 15 FOR SEXUAL BATTERY IN VIOLATION OF CIVIL CODE §1708.5 ET SEQ. 16 AGAINST ALL DE) Ss 17 86. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as 18 though set forth in full herein. 19 87. At all times hereto, Civil Code §1708.5 was in full force and effect and was binding upon 20 Defendants and each of them. Under Civil Code §1708.5, a person is civilly liable for sexual battery if 21 the person acted with the intent to cause harmful or offensive contact with an intimate part of another, 22 and a sexually offensive contact results. 23 88. As alleged herein, JESUS acted with intent to cause harmful or offensive contact with an 24 intimate part of Plaintiff, including her vagina, and a sexually offensive and harmful contact resulted. At 25 the time of his sexual batteries upon Plaintiff, JESUS was acting, at least in part, in the course and scope 26 of owner of the Rental Property and as Plaintiffs landlord, and Landlord Defendants and DOES 1-20, 27 ratified JESUS’s sexual batteries upon Plaintiff. 28 -14- COMPLAINT FOR DAMAGES 89. The above said acts of Defendants constitute violations of Civil Code §1708.5, and were a proximate cause in Plaintiff's damages as stated below. 90. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated by reference. 91. Pursuant to Civil Code §1708.5(c), Plaintiff requests an award of punitive damages, i addition to general and special damages. 92. Pursuant to Civil Code §1708.5(c) and this court’s statutory authority to award any other relief the court deems proper, Plaintiff requests a reasonable award of attorneys’ fees and costs, including expert fees, and any other relief the court deems proper. 10 11 EIGHTH CAUSE OF ACTION 12 FOR GENDER VIOLENCE 13 CIVIL CODE §52.4 14 AGAINST ALL DEFENDANTS 15 93. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as . 16 though set forth in full herein. 17 94. At all relevant times mentioned in this complaint, Civil Code §52.4 was in full force and 18 effect and was binding on Defendants. 19 95. Civil Code §52.4 declares, in pertinent part, that any person subjected to gender violence 20 may bring a civil action for damages against any responsible party, and may seek actual, compensatory, 21 and punitive damages thereof, or any other appropriate relief. 96. For purposes of Civil Code §52.4, gender violence is a form of sex discrimination and 23 means any of the following: 24 a. An act that would constitute a criminal offense under state Jaw that has as an 25 element the use, attempted use or threatened use of physical force against the person of another, 26 committed at least in part based on the gender of the victim, whether or not the act has resulted in a 27 criminal complaint, charge, prosecution, or conviction. 28 15+ COMPLAINT FOR DAMAGES b A physical intrusion or physical invasion of a sexual nature under coercive conditions, whether or not the act has resulted in a criminal complaint, charge, prosecution, or conviction. 97. As alleged above, JESUS assaulted, battered, raped, sexually assaulted, and sexually battered Plaintiff thereby subjecting her to gender violence within the meaning of Civil Code §52.4. 98. As alleged above, JESUS engaged in the foregoing conduct at least in part based on Plaintiff's gender, theréby subjecting her to gender violence within the meaning of Civil Code §52.4. 99. As alleged above, JESUS raped Plaintiff at the Rental Property where Plaintiff had the right to occupy and did not give JESUS permission to enter, and thereby assaulted and battered Plaintiff, thereby subjecting her to gender violence within the meaning of Civil Code §52.4. 10 100. As alleged above, JESUS engaged in the foregoing conduct at least in part based on 1L Plaintiff's gender, thereby subjecting her to gender violence within the meaning of Civil Code §52.4. 12 101. At the time of the gender violence, JESUS was acting, at least in part, in the course and 13 scope of owner of the Rental Property and as Plaintiff's landlord, and Landlord Defendants, enabled and 14 ratified JESUS’s gender violence committed against Plaintiff. 15 102. In so doing, JESUS and Landlord Defendants committed gender violence against Plaintiff! 16 in violation of Civil Code §52.4. 17 103. The damage allegations of Paragraphs 24 through 26, inclusive, are herein incorporated 18 by reference. 19 104. The foregoing conduct of Defendants individually, or by and through their managing 20 agents, was intended by the Defendants to cause injury to the Plaintiff or was despicable conduct carried 21 on by the Defendants with a willful and conscious disregard of the rights of Plaintiff or subjected Plaintiff 22 to cruel and unjust hardship in conscious disregard of Plaintiff's right to be free from gender violence, 23 such as to constitute malice, oppression, or fraud under Civil Code §52.4(a), thereby entitling Plaintiff to punitive damages in an amount appropriate to punish or make an example of Defendants. 105. Pursuant to Civil Code §52.4(a), Plaintiff requests an award of attorneys’ fees in 26 prosecuting this action. 27 28 -16- COMPLAINT FOR DAMAGES NINTH CAUSE OF A FOR SEXUAL HARASSMENT ¢ CODE §51.9 AGAINST ALL DEFENDANTS 106. Plaintiff re-alleges and incorporates by reference each of the foregoing paragraphs as though set forth in full herein. 107. At all relevant times mentioned in this complaint, Civil Code §51.9 was in full force and effect and was binding on defendants, and makes unlawful sexual harassment in the context of a business, service or professional relationship, expressly including that of landiord or property manager. 10 108. At all relevant times herein, Plaintiff, on the one hand, and Defendants, on the other hand, 11 were in a business, service, or professional relationship, by virtue of Plaintiffs tenancy at the Rental 12 Property, and Defendants' status as landlord and/or property manager. 13 109. Defendants, by and through JESUS, made sexual advances, solicitations, sexual requests, 14 demands for sexual compliance by the Plaintiff, or engaged in other verbal, visual, or physical conduct 15 of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe. 16 110. Due to Plaintiff's tenancy at the Rental Property with her daughter, there was an inability 17 by Plaintiff to easily terminate the relationship with Defendants, and each of them. 18 111. Plaintiff is informed and believes, and thereon alleges, that the acts of JESUS alleged 19 herein were done at least in part, in the course and scope of owner of the Rental Property and as Plaintiff's 20 landlord. This conduct occurred while JESUS was owner of the Rental Property, arosé from the very 21 professional services JESUS was to perform pursuant to the Landlord-Tenant relationship, and that this 22 predatory and exploitative sexual conduct was incidental to the Landlord-Tenant relationship between 23 Plaintiff and Defendants. 24 112. Defendants, including Landlord Defendants, are vicariously responsible for the unlawful 25 conduct of JESUS under the plain language of Civil Code §51.9: "The word ‘person’ includes a 26 corporation as well as a natural person." Hassan v. Mercy American River Hosp.