Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 1 of 16 Page ID #:13
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`EXHIBIT 2
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`Exh 2 - pg 12
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`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 2 of 16 Page ID #:14
`1,246137-CU-VVT-CJC - ROA # 2 - DAVID H. YAMASAKI, Clerk of the Court By Halley McMaster, Deputy
`30-2022
`
`Michael J. Curls (SBN 159651)
`Nichelle D. Jordan (SBN 186308)
`LAW OFFICE OF MICHAEL J. CURLS
`4340 Leimert Blvd., Suite 200
`Los Angeles, CA 90008 c
`Telephone: (323) 293-2314
`Facsimile:
`(323) 293-2350
`nichelle@mjclawoffice.com
`Email:
`
`Attorneys for Plaintiff JESSICA GHOLSON
`
`SUPERIOR COURT FOR THE STATE OF CALIFORNIA
`COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
`
`JESSICA GHOLSON, an individual
`
`Plaintiff,
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`VS.
`
`Case No.: 30-2022-01246137 -C U-Wr-CJ C
`Assigned for All Purposes
`J udge Theodore Howard
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`PLAINTIFF JESSICA GHOLSON'S
`COMPLAINT FOR:
`
`BEACON HEALTH OPTIONS, INC., a
`Virginia Corporation, ROBERT
`MCALONAN, an individual, and DOES 1
`through 10, inclusive,
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`Defendants
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`8.
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`Gender Discrimination in Violation
`of the Fair Employment and Housing
`Act
`Disability Discrimination in
`Violation of the Fair Employment
`and Housing Act
`Retaliation in Violation of the Fair
`Employment and Housing Act
`Harassment in Violation of the Fair
`Employment and Housing Act
`Failure to Prevent Discrimination,
`Harassment and Retaliation in
`Violation of the Fair Employment
`and Housing Act
`Constructive Termination in
`Violation of the Fair Employment
`and Housing Act
`Constructive Termination in
`Violation of Public Policy
`Intentional Infliction of Emotional
`Distress
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`DEMAND FOR JURY TRIAL
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`-1-
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`COMPLAINT
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`Exh 2 - pg 13
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`

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`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 3 of 16 Page ID #:15
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`Plaintiff JESSICA GHOLSON alleges:
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`THE PARTIES
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`1. This is a Complaint by Plaintiff JESSICA GHOLSON (Hereinafter referred to as
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`"Plaintiff') against her former employer BEACON HEALTH OPTIONS, INC. (Hereinafter
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`referred to as "BEACON" or "Defendant") for discrimination, retaliation, harassment,
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`constructive termination and intentional infliction of emotional distress. Plaintiff seeks
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`compensatory and punitive damages.
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`2. At all times relevant herein, Plaintiff JESSICA GHOLSON ("Plaintiff') is and has been
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`an individual residing in Los Angeles County, California.
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`3. Plaintiff is informed and believes and on that basis alleges that her former employer,
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`BEACON HEALTH OPTIONS, INC. is a Virginia Corporation limited qualified to do business
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`in the State of California, and has a principal place of business located in the County of Orange,
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`City of Cypress at 5665 Plaza Drive, Suite 400, Cypress, CA 90630.
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`4. Plaintiff is informed and believes that Defendant ROBERT MCALONAN is an
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`individual residing in the State of California, San Francisco Bay area.
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`5. The true names and capacities, whether individual, corporate, associate or otherwise of
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`Defendants Does 1 through 10, and each of them, are unknown to Plaintiff at this time, and
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`therefore they are sued by such fictitious names.
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`6. Plaintiff is informed and believes and thereon alleges that the Defendants herein, and
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`each of them, are in some manner negligent, or otherwise responsible, for directly and
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`proximately causing the injuries and damages hereinafter set forth.
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`7. At all times herein mentioned, the Defendants, and each of them, were principals and/or
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`agents, servants, or employees of said principals; all the acts performed by each of said
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`Defendants as agents, servants or employees were done within the scope of their agency,
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`employment and/or authority of said agency and employment and with the consent of each co-
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`Defendant.
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`8. The acts committed by DOES 1 through 10, and as described in this Complaint were duly
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`authorized and directed by its officers, directors and/or managing agents. In addition, the
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`COMPLAINT
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`Exh 2 - pg 14
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`

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`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 4 of 16 Page ID #:16
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`employers identified herein participated in the acts of its employees and agents as described in
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`this Complaint, and ratified or accepted the benefits of such acts.
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`FACTS COMMON TO ALL CAUSES OF ACTION
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`9. Plaintiff, an African-American female was hired by BEACON in June 2014. Plaintiff
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`held the position of Provider Quality Manager since October 1, 2020.
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`10. At all times relevant herein, Plaintiff has been an exemplary employee with no
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`performance issues until she started working with her manager, Defendant Robert McAlonan
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`("Mr. McAlonan.") Plaintiff's working conditions became increasingly hostile when she
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`returned from bereavement leave following the death of her father in July 2020.
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`1 1. When Plaintiff informed Mr. McAlonan that she was struggling and thought that she
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`needed to hire a therapist, Mr. McAlonan's behavior started to escalate into a hostile work
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`environment.
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`12. For example, Mr. McAlonan directed Plaintiff to perform administrative and or
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`secretarial tasks that were not a part of her job description and were not required by Plaintiff's
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`White male colleagues.
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`13. When Plaintiff complained to Mr. McAlonan and other managers at Beacon that she felt
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`that he was discriminating against her based upon her gender, Plaintiff was issued a written
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`warning for alleged "performance issues." However, no performance issues were brought to
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`Plaintiff's attention prior to her reporting her complaints of discrimination and retaliation.
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`14. Prior to receipt of the written warning, Plaintiff shared her concern directly with Mr.
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`McAlonan as well as her managers, Amy Pearlman, Kristin Slater and Itohan Oyamaden. In
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`response to her complaints, Mr. McAlonan's demeanor towards her changed significantly
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`creating a hostile work environment followed by the baseless written warning.
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`15. Prior to the issuance of the written warning, Mr. McAlonan expressed his anger that
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`Plaintiff escalated her concerns about the way that he treated her to her manager, Kristin Slater.
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`Plaintiff is informed and believes, and therefore alleges that in response to this frustration, Mr.
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`McAlonan fabricated reasons to issue discipline to Plaintiff.
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`COMPLAINT
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`Exh 2 - pg 15
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`

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`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 5 of 16 Page ID #:17
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`16. Prior to complaining about the hostile work environment that she was subjected to,
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`Plaintiff was not informed about any performance issues. When Plaintiff inquired about the
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`performance issues that supported the write up, Mr. McAlonan could only cite the "catch-all"
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`offense of violation of "code of conduct."
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`17. Prior to Mr. McAlonan, Plaintiff worked for four other managers without incident. Mr.
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`McAlonan's belief that he "could not ask Plaintiff to do anything" is based solely on Plaintiff's
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`report that she felt that Mr. McAlonan was demeaning and belittling Plaintiff because of her
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`gender when Mr. McAlonan asked her to perform secretarial duties.
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`18. The allegations by Mr. McAlonan about Plaintiff's work performance in combination
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`with the manner in which he treated her after she tried to report her experience of a hostile work
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`environment exacerbated a health condition that was known to Beacon prior to Mr. McAlonan's
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`actions. As such, it became necessary for Plaintiff to take a medical leave of absence.
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`19. While out on her medical leave of absence, Mr. McAlonan continued to harass Plaintiff
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`by making continuous contact with her about work issues throughout her leave. Mr. McAlonan
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`contacted Plaintiff on numerous occasions by text and email to inquire about her return during
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`her leave.
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`20.Not only did Beacon provide a hostile work environment for Plaintiff and continue to
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`harass her during her medical leave of absence, her manager, Mr. McAlonan specifically
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`admonished her, on numerous occasions, that it would probably be in Plaintiff's best interest to
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`find alternate employment. Mr. McAlonan began suggesting that Plaintiff find alternate
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`employment after she reported that she may need to see a therapist following her father's death.
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`21. Concerned for her job security, Plaintiff reported Mr. McAlonan's statements to her
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`managers, including Itohan Oyamaden and Kristen Slater because she was fearful that perhaps
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`there was a company restructure or some other reason for Mr. McAlonan's repeated assertions
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`that she should find another job.
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`22. Both managers assured her that to their knowledge, there was no restructure or any other
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`reason that Plaintiff's job was in jeopardy. Yet, Mr. McAlonan continued to suggest alternate
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`employment. Thus, Mr. McAlonan was misrepresenting to Plaintiff the need to find a new job
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`COMPLAINT
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`Exh 2 - pg 16
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`

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`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 6 of 16 Page ID #:18
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`and Plaintiff is informed and therefore alleges that the misrepresentation was the result of
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`discrimination and retaliation on the part of Mr. McAlonan.
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`23. Plaintiff did not want to leave her place of employment, however as a result of the hostile
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`work environment and Mr. McAlonan's specific admonishment, Plaintiff believed that she did
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`not have any other option but to resign.
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`24. At all times relevant hereto, Plaintiff was performing satisfactory in her position of
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`employment.
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`FIRST CAUSE OF ACTION
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`DISABILITY DISCRIMINATION IN VIOLATION OF
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`THE FAIR EMPLOYMENT AND HOUSING ACT
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`(Against Defendant BEACON HEALTH OPTIONS, INC.)
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`25. Plaintiff restates and incorporates by this reference as if fully set forth herein paragraphs
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`1 through 24 of this Complaint.
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`26. The actions of Defendant, as described in this Complaint, constitute unlawful
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`discrimination on the basis of Plaintiff's gender. Defendant violated the Fair Employment and
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`Housing Act as promulgated in Government Code Section 12940 et seq. and other state and
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`federal statutes which prohibit retaliation and discrimination in employment.
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`27. The discrimination by Defendant impeded Plaintiff's progress and the enjoyment of her
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`employment at BEACON.
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`28. Plaintiff has exhausted her administrative remedies by timely filing a charge of
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`discrimination, harassment and retaliation with the U.S. Equal Employment Opportunity
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`Commission. The U.S. Equal Employment Opportunity Commission issued to Plaintiff a right t
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`sue letter permitting her to file a private lawsuit against Defendants.
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`29. As a direct and proximate result of Defendant's discrimination, Plaintiff has suffered and
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`will continue to suffer damages in an amount within the jurisdiction of this court, the exact
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`amount to be proven at trial. Such damages include:
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`a:
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`loss of salary and other valuable employment benefits;
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`COMPLAIN
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`Exh 2 - pg 17
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`

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`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 7 of 16 Page ID #:19
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`b:
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`prejudgment interest and interest on the sum of damages for
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`shame, humiliation, mental anguish and emotional distress
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`caused by the conduct of the Defendant;
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`c:
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`other consequential damages, including damages for shame,
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`humiliation, mental anguish and emotional distress caused by
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`the conduct of Defendant.
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`30. In addition, Plaintiff is entitled to her Attorney's fees in prosecuting this lawsuit, pursuan
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`to Government Code § 12965(b).
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`31. Further, because the wrongful acts against Plaintiff were carried out, authorized by
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`Defendants' directors, officers and/or managing agents, acting with malice, oppression or fraud,
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`or were deliberate, willful and in conscious disregard of the probability of causing injury to
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`Plaintiff, as reflected by the actions as described earlier in this Complaint, she seeks punitive
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`damages against Defendants, in order to deter them from such and similar conduct in the future.
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`SECOND CAUSE OF ACTION
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`GENDER DISCRIMINATION IN VIOLATION OF
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`THE FAIR EMPLOYMENT AND HOUSING ACT
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`(Against All Defendant BEACON HEALTH OPTIONS, INC.)
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`32. Plaintiff restates and incorporates by this reference as if fully set forth herein paragraphs
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`1 through 31 of this Complaint.
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`33. The actions of Defendant, as described in this Complaint, constitute unlawful
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`discrimination on the basis of Plaintiff's medical disability. Defendant violated the Fair
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`Employment and Housing Act as promulgated in Government Code Section 12940 et seq. and
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`other state and federal statutes which prohibit retaliation and discrimination in employment.
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`34. The discrimination by Defendant impeded Plaintiff's progress and the enjoyment of her
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`employment at BEACON.
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`35. Plaintiff has exhausted her administrative remedies by timely a charge of discrimination
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`and harassment with the U.S. Equal Employment Opportunity Commission. The U.S. Equal
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`COMPLAIN
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`Exh 2 - pg 18
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`

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`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 8 of 16 Page ID #:20
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`Employment Opportunity Commission issued to Plaintiff a right to letter permitting her to file a
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`private lawsuit against Defendants.
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`36. As a direct and proximate result of Defendant's discrimination, Plaintiff has suffered and
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`will continue to suffer damages in an amount within the jurisdiction of this court, the exact
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`amount to be proven at trial. Such damages include:
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`a:
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`b:
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`loss of salary and other valuable employment benefits;
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`prejudgment interest and interest on the sum of damages for
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`shame, humiliation, mental anguish and emotional distress
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`caused by the conduct of the Defendant;
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`c:
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`other consequential damages, including damages for shame,
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`humiliation, mental anguish and emotional distress caused by
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`the conduct of Defendant.
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`37. In addition, Plaintiff is entitled to her Attorney's fees in prosecuting this lawsuit, pursuan
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`to Government Code § 12965(b).
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`38. Further, because the wrongful acts against Plaintiff were carried out, authorized by
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`Defendants' directors, officers and/or managing agents, acting with malice, oppression or fraud,
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`or were deliberate, willful and in conscious disregard of the probability of causing injury to
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`Plaintiff, as reflected by the actions as described earlier in this Complaint, she seeks punitive
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`damages against Defendants, in order to deter them from such and similar conduct in the future.
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`THIRD CAUSE OF ACTION
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`RETALIATION IN VIOLATION OF
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`THE FAIR EMPLOYMENT AND HOUSING ACT
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`(Against Defendant BEACON HEALTH OPTIONS, INC.)
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`39. Plaintiff restates and incorporates by this reference as if fully set forth herein paragraphs
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`1 through 38 of this Complaint.
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`40. The actions of Defendant, as described in this Complaint, constitute unlawful retaliation
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`against Plaintiff for her complaints of gender based discrimination and harassment and for
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`engaging in the protected activity of taking medical leave.
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`COMPLAIN
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`Exh 2 - pg 19
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`

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`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 9 of 16 Page ID #:21
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`41. Plaintiff has exhausted her administrative remedies by timely a charge of retaliation with
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`the U.S. Equal Employment Opportunity Commission. The U.S. Equal Employment
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`Opportunity Commission issued to Plaintiff a right to letter permitting her to file a private
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`lawsuit against Defendants.
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`42. As a direct and proximate result of Defendant's retaliation, Plaintiff has suffered and will
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`continue to suffer damages in an amount within the jurisdiction of this court, the exact amount to
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`be proven at trial. Such damages include:
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`a:
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`b:
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`loss of salary and other valuable employment benefits;
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`prejudgment interest and interest on the sum of damages for
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`shame, humiliation, mental anguish and emotional distress
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`caused by the conduct of the Defendant;
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`c:
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`other consequential damages, including damages for shame,
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`humiliation, mental anguish and emotional distress caused by
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`the conduct of Defendant.
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`43. In addition, Plaintiff is entitled to her Attorney's fees in prosecuting this lawsuit, pursuan
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`to Government Code § 12965(b).
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`44. Further, because the wrongful acts against Plaintiff were carried out, authorized by
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`Defendants' directors, officers and/or managing agents, acting with malice, oppression or fraud,
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`or were deliberate, willful and in conscious disregard of the probability of causing injury to
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`Plaintiff, as reflected by the actions as described earlier in this Complaint, she seeks punitive
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`damages against Defendants, in order to deter them from such and similar conduct in the future.
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`FOURTH CAUSE OF ACTION
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`HARASSMENT IN VIOLATION OF
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`THE FAIR EMPLOYMENT AND HOUSING ACT
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`GOVERNMENT CODE § 12940 (J)
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`(Against All Defendants)
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`45. Plaintiff restates and incorporates by this reference as if fully set forth herein paragraphs
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`1 through 44 of this Complaint.
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`COMPLAIN
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`Exh 2 - pg 20
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`

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`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 10 of 16 Page ID #:22
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`46. Beginning in or about October 2020, Defendant Robert McAlonan while acting in the
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`course and scope of her employment at BEACON and discriminated against Plaintiff as alleged
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`herein. The harassment was sufficiently pervasive and severe as to alter the conditions of
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`Plaintiff's employment and to create a hostile, intimidating, and/or abusive work environment.
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`Defendants' acts of harassment included, without limitation, the following:
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`a. Creating and allowing a hostile environment to exist for Plaintiff including verbal
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`harassment, demeaning conduct, bullying, and threats and intimidation based on
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`Plaintiff's gender, female.
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`b. Threatening Plaintiff's employment while on a medical leave of absence
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`c. All conduct described in the Facts section of this complaint.
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`47. The sexual harassment against Plaintiff by Mr. McAlonan was condoned, permitted and
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`encouraged by Beacon, in a manner which was grossly negligent, reckless, willful, malicious and
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`deliberately indifferent to the Plaintiff's personal rights to a discrimination free work
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`environment and safety in the work-place. Beacon failed to prevent sexual harassment from
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`occurring in the work-place.
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`48. The acts and conduct of Defendants, and each of them, as aforesaid, was in violation of
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`California Government Code § 12940 et seq. Said statutes impose certain duties upon
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`Defendants, and each of them, concerning discrimination and harassment against persons, such
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`as the Plaintiff, on the basis of gender. Said statutes were intended to prevent the type of injury
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`and damage set forth herein. Plaintiff was, at all times herein mentioned, a member of the class
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`of persons intended to be protected by said statutes. At all times herein mentioned, Plaintiff was
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`a person of the female sex and therefore entitled to the protection of California Government
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`Code § 12940 et seq.
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`49. As a direct and legal result of Defendants' willful, wanton, intentional, malicious and/or
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`reckless conduct and the policies alleged herein, Plaintiff suffered severe and extreme mental an
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`emotional distress, including but not limited to anguish, humiliation, embarrassment, loss of
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`confidence, fright, depression and anxiety, the exact nature and extent of which are not now
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`known to her. Plaintiff does not at this time know the exact duration or permanence of said
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`COMPLAIN
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`Exh 2 - pg 21
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`

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`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 11 of 16 Page ID #:23
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`injuries, but is informed and believes, and thereon alleges, that some of the injuries are
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`reasonably certain to be permanent in character. By the aforesaid acts and omissions of
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`defendants, and each of them, Plaintiff has been directly and legally caused to suffer damages as
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`alleged herein.
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`50. Plaintiff is informed and believes and thereon alleges that the Defendants, and each of
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`them, by the acts of its managing agents, officers and/or directors in the aforementioned acts
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`and/or ratifying such acts, engaged in willful, malicious, intentional, oppressive and despicable
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`conduct, and acted with willful and conscious disregard of the rights, welfare and safety of
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`Plaintiff, thereby justifying the award of punitive and exemplary damages, against Defendants in
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`an amount to be determined at trial.
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`51. As a result of Defendants' harassment as alleged herein, Plaintiff is entitled to reasonable
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`attorney's fees and costs of said suit as provided by Cal. Govt. Code Section 12965(b).
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`FAILURE TO MAINTAIN DISCRIMINATION AND HARASSMENT FREE WORK
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`FIFTH CAUSE OF ACTION
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`ENVIRONMENT N IN VIOLATION OF
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`THE FAIR EMPLOYMENT AND HOUSING ACT
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`GOVERNMENT CODE § 12940 (k)
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`(Against Defendant BEACON HEALTH OPTIONS, INC.)
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`52. Plaintiff restates and incorporates by this reference as if fully set forth herein paragraphs
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`1 through 51 of this Complaint.
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`53. California Government Code § 12940 (k) prohibits an employer from failing to take all
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`reasonable steps necessary to prevent discrimination and harassment in the workplace.
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`54. Defendant was at all relevant times an employer within the meaning of California
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`Government Code § 12926 (d) and as such had a duty to take all reasonable steps necessary to
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`prevent discrimination and harassment in the workplace.
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`55. Through the acts described fully in the paragraphs above, Defendant violated California
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`Government Code § 12940 (k) since it failed to take all reasonable steps necessary to prevent
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`discrimination and harassment in the workplace.
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`28
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`-10-
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`COMPLAINT
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`Exh 2 - pg 22
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`

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`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 12 of 16 Page ID #:24
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`56. The failure of Defendant to take reasonable steps to prevent discrimination and
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`harassment has caused Plaintiff to sustain substantial losses.
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`57. Plaintiff has exhausted her administrative remedies by timely filing charges of
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`discrimination with the U.S. Equal Employment Opportunity Commission and the U.S. Equal
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`Employment Opportunity Commission has issued to Plaintiff a right to sue letter permitting her
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`to file this lawsuit against Defendants.
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`58. As a direct, foreseeable and proximate result of Defendant's willful, knowing and
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`intentional failure to take all reasonable steps necessary to prevent discrimination and
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`harassment, Plaintiff has suffered and continues to suffer humiliation, embarrassment, mental
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`anguish, emotional distress and discomfort, all to his damage, the precise amount which will be
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`proven at trial. Such damages include:
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`a.
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`b.
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`loss of salary and other valuable employment benefits;
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`prejudgment interest and interest on the sum of damages at
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`the legal rate; and
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`c.
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`other consequential damages, including damages for shame,
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`humiliation, mental anguish and emotional distress caused by
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`Defendants' conduct.
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`59. In addition, Plaintiff is entitled to her attorney's fees in prosecuting this lawsuit, pursuant
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`to Government Code § 12965 (b).
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`SIXTH CAUSE OF ACTION
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`CONSTRUCTIVE TERMINATION IN VIOLATION OF
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`THE FAIR EMPLOYMENT AND HOUSING ACT
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`(Against Defendant BEACON HEALTH OPTIONS, INC.)
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`60. Plaintiff restates and incorporates by this reference as if fully set forth herein paragraphs
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`1 through 59 of this Complaint.
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`61. As a further act of discrimination and in retaliation for protesting discriminatory conduct
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`and invoking protected medical leave time, Plaintiff was forced to resign from her employment
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`at Beacon.
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`COMPLAINT
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`Exh 2 - pg 23
`
`

`

`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 13 of 16 Page ID #:25
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`62. Plaintiffs forced resignation violates the Fair Employment and Housing Act as set forth
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`in Government Code § 12940 et seq which mandates that employees be free from discrimination
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`and retaliation in the workplace.
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`63. Plaintiff has exhausted her administrative remedies by timely a charge of discrimination
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`and harassment with the Department of Fair Employment and Housing. The Department of Fair
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`Employment and Housing issued to Plaintiff a right to letter permitting her to file a private
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`lawsuit against Defendants.
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`64. As a direct and proximate result of Defendant's retaliation and discrimination, Plaintiff
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`has suffered and will continue to suffer damages in an amount within the jurisdiction of this
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`court, the exact amount to be proven at trial. Such damages include:
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`a:
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`b:
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`loss of salary and other valuable employment benefits;
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`prejudgment interest and interest on the sum of damages for
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`shame, humiliation, mental anguish and emotional distress
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`caused by the conduct of the Defendant;
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`c:
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`other consequential damages, including damages for shame,
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`humiliation, mental anguish and emotional distress caused by
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`the conduct of Defendant.
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`65. In addition, Plaintiff is entitled to her Attorney's fees in prosecuting this lawsuit, pursuan
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`to Government Code § 12965(b).
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`66. Further, because the wrongful acts against Plaintiff were carried out, authorized by
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`Defendants' directors, officers and/or managing agents, acting with malice, oppression or fraud,
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`or were deliberate, willful and in conscious disregard of the probability of causing injury to
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`Plaintiff, as reflected by the actions as described earlier in this Complaint, she seeks punitive
`
`damages against Defendants, in order to deter them from such and similar conduct in the future.
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`///
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`///
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`///
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`28
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`-12-
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`COMPLAIN
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`Exh 2 - pg 24
`
`

`

`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 14 of 16 Page ID #:26
`
`SEVENTH CAUSE OF ACTION
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`WRONGFUL TERMINATION
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`IN VIOLATION OF PUBLIC POLICY
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`(Plaintiff Against All Defendants)
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`67. Plaintiff restates and incorporates by this reference as if fully set forth paragraphs 1
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`through 66 of this Complaint.
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`68. Plaintiff was subjected to discriminatory disparate treatment because of her gender and
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`medical disability. Plaintiff was forced to resign from BEACON as a result of her gender; and in
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`retaliation for taking medical leave.
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`69. As a direct and proximate result of Defendant's conduct, Plaintiff has sustained and will
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`continue to suffer damages in an amount within the jurisdiction of this court, the exact amount to
`
`be proven at trial. Such damages include:
`
`a.
`
`b.
`
`loss of salary and other valuable employment benefits;
`
`prejudgment interest and interest on the sum of damages at
`
`the legal rate; and
`
`c.
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`other consequential damages, including damages for shame,
`
`humiliation, mental anguish and emotional distress caused by
`
`Defendant's conduct.
`
`EIGHTH CAUSE OF ACTION
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`INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
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`(Against All Defendants)
`
`70. Plaintiff restates and incorporates by this reference as if fully set forth herein paragraphs
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`1 through 69 of this Complaint.
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`71. Defendant Robert McAlonan intentionally and/or recklessly sought to cause Plaintiff
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`emotional harm because of her gender, in retaliation for Plaintiffs complaints about gender
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`discrimination and in retaliation for Plaintiff's taking a medical leave of absence.
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`72. Beacon intentionally and/or recklessly failed to intervene and create a safe working
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`environment for Plaintiff
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`-13-
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`COMPLAINT
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`25
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`26
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`27
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`28
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`Exh 2 - pg 25
`
`

`

`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 15 of 16 Page ID #:27
`
`73. Beacon is a provider of mental health services.
`
`74. At the time of the incidents giving rise to Plaintiff's complaint, the Defendants knew or
`
`should have known that the COVID-19 global pandemic exacerbated stressors that individuals
`
`such as Plaintiff faced on a day to day basis.
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`75. At the time of the incidents giving rise to Plaintiff's complaint, the Defendants knew or
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`should have known that Plaintiff shared a very close and loving relationship with her father and
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`that she was grieving his loss.
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`76. Nevertheless, the Defendants and each of them continued to harass and allow Plaintiff to
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`be harassed at her place of employment, even during her medical leave of absence.
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`77. Defendants knew or should have known that the harassment by Defendants and the
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`suggestion that Plaintiff find alternate employment during a global pandemic intensified
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`Plaintiff's emotional distress.
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`78. By engaging in the acts alleged herein, Defendants and each of them, engaged in
`
`outrageous conduct with an intent to or a reckless disregard of the probability of causing Plaintiff
`
`to suffer emotional distress.
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`79. As a direct, proximate and foreseeable result, Plaintiff suffered severe emotional distress
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`and the outrageous conduct was the cause of the emotional distress suffered by Plaintiff.
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`80. The conduct of Defendants also amounts to oppression, fraud or malice within the
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`meaning of California Civil Code §3294 et seq. and punitive damages should be assessed against
`
`the Defendants for the purpose of punishment and for the sake of example.
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`WHEREFORE, PLAINTIFF JESSICA GHOLSON PRAYS FOR JUDGMENT
`
`AGAINST DEFENDANTS AND EACH OF THEM AS FOLLOWS:
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`A. For economic damages according to proof;
`
`B.
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`For general, special and incidental damages and amounts for emotional
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`distress according to proof;
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`C.
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`For punitive damages against Doe Defendants in an amount appropriate to
`
`punish Defendant for her wrongful conduct and set an example for others;
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`2
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`18
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`20
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`22
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`23
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`24
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`25
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`26
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`27
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`28
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`-14-
`
`COMPLAINT
`
`Exh 2 - pg 26
`
`

`

`Case 8:22-cv-00445-JVS-DFM Document 1-2 Filed 03/22/22 Page 16 of 16 Page ID #:28
`
`D. For prejudgment interest and interest on the sum of damages awarded to
`
`the maximum extent permitted by law;
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`E.
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`For an injunction against gender and disability-based harassment,
`
`discrimination and retaliation in the future;
`
`F.
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`Creation of a Court supervised policy against gender and disability-based
`
`harassment, discrimination and retaliation;
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`G. Imposition of periodic reporting requirements on the Company;
`
`H. For reasonable attorneys' fees pursuant to Government Code § 12965 (b);
`
`I.
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`For costs of suit herein incurred; and
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`J.
`
`For such other and further relief as the Court deems proper.
`
`DATED: February 17, 2022
`
`LAW OFFICE OF MICHAEL J. CURLS
`
`. Jordan,
`By: Nich
`laintiff
`Attorneys
`JESSICA GHOLSON
`
`PLAINTIFF JESSICA GHOLSON DEMANDS A JURY TRIAL.
`
`DATED: February 17, 2022
`
`LAW OFFICE OF MICHAEL J. CURLS
`
`II. Jordan,
`By: Nic -
`Attorneys40t laintiff
`JESSICA GHOLSON
`
`-15-
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`COMPLAINT
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`24
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`25
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`26
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`27
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`28
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`Exh 2 - pg 27
`
`