{CRISTINA BALAN (Pro Se)
`4698 Arbors Circle
`
`Mukilteo, WA-98275FLED==___ENTEREDween
`
`425-205-0200
`———L00GED ———-RECENED
`cbalan.j2019@gmail.com
`JAN 15 2019 sp
`Jd
`GTN
`BY _
`
` SenoSansDk
`
`P
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`
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`Case 2:19-cv-00067-MJP. Document1 Filed 01/15/19 Page 1 of 20
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`
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`+
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`.
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`
`CRISTINA BALAN
`a
`Plaintiff(s),
`
`ve
`
`CASE NOM 9 CV O
`|
`COMPLAINT FOR
`DEFAMATION
`AND REQUEST FOR
`INJUNCTION
`
`TESLA MOTORS INC,
`. Defendant(s).
`
`_ DEMAND FOR JURY TRIAL
`Jury Trial: Kl Yes
`[1 No
`
` Complaint filed: January 15, 2019
`
`|COMPLAINT AND REQUEST FOR INJUNCTION- 1
`
`
`
`
`
`
`
`
`4698 Arbors Circle
`
`Mukilteo, WA-98275FLED==___ENTEREDween
`
`425-205-0200
`———L00GED ———-RECENED
`cbalan.j2019@gmail.com
`JAN 15 2019 sp
`Jd
`GTN
`BY _
`
` SenoSansDk
`
`P
`
`
`
`Case 2:19-cv-00067-MJP. Document1 Filed 01/15/19 Page 1 of 20
`
`
`
`+
`
`.
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`
`CRISTINA BALAN
`a
`Plaintiff(s),
`
`ve
`
`CASE NOM 9 CV O
`|
`COMPLAINT FOR
`DEFAMATION
`AND REQUEST FOR
`INJUNCTION
`
`TESLA MOTORS INC,
`. Defendant(s).
`
`_ DEMAND FOR JURY TRIAL
`Jury Trial: Kl Yes
`[1 No
`
` Complaint filed: January 15, 2019
`
`|COMPLAINT AND REQUEST FOR INJUNCTION- 1
`
`
`
`
`
`
`
`
`
`Defendant Tesla Motors Inc., as presented here.
`
`I
`
`INTRODUCTION
`
`1.
`
`Plaintiff, Cristina Balan, is a well-respected, business person,
`
`specializing in design and engineering, based in Mukiteo, WA.Tesla is a
`
`corporation based in Palo Alto California, known worldwide for two general
`
`
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`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19 Page 2 of 20
`
`Plaintiff, Cristina Balan, files this Complaint for Defamation against
`
`| product types, Electrical Vehicles and clean energy products.
`
`Mrs. Balan is most recognized for her critical work on Tesla's
`2.
`|vehicles, as memorialized by her engraved name on Tesla vehicle battery modules,
`
`where her work was heavily focused for during her work at Tesla from 2010 to
`
`2014. In fact, Tesla stated recently is still uses methodologies Ms. Balan created to
`
`date. Ms Balan invested many years in her education, professional experience,
`
`relationships, and reputation. Tesla willfully, and repeatedly, took steps to publicly
`defame Ms. Balan, and specifically, devalue these lifetime investments.
`3. On September 8*, 2017, the Huffington Post published an article
`
`jabout Mrs. Balan’s career, also referencing her relationship with Defendant. This
`article appeared to describe Mrs. Balan and her circumstance in a positive light,
`She holds that the original statements weretrue,
`
`4.
`
`On September 11", 2017, Defendant published multiple false and
`
`defamatory statements on the Huffington Post, settling the score with the Plaintiff,
`
`after the article questioned to Tesla’s CEO commitments and rules. Defendant
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`COMPLAINT AND REQUEST FOR INJUNCTION - 2
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`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19 Page 3 of 20
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`stated clearly, in a forumintended forworldwide andinstant distribution, that Ms.
`
`Balan’s acts were ‘clearly criminal’.
`
`|
`
`5.
`Some ofthe acts Balan was accused of included theft of company
`money and resources,for aproject that value more than $10,000. Mrs. Balan was
`accused ofusing the company’s resources, without management approval.
`Defendant then claimed this was an attempt to complete apersonal project Balan
`
`)
`
`developed on her own.
`
`6.
`
`Ms. Balan maintained an adversarial legal relationship with Tesla for
`
`|
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`the past 4 years, beginning in an arbitration over a former employmentrelationship
`that ended in 2014. While engagedin this adversarial legal relationship, the
`
`Defendant published multiple false and defamatory statements about Mrs. Balan,
`inan unlawfuland malicious fashion.
`|
`7.
`Plaintiffand Arbitrator Warner are in this case, and have beenofthe
`
`10
`
`i 1
`
`2
`
`13
`
`14
`
`15.
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`same mind, that Ms. Balan’s behaviors were not clearly criminal, andthat none of
`these felonious activities ever took place, including the trip to New York.
`16
`Defendant was unable to produce any records or credit card charges,
`8.
`plane tickets, meals, cars, ofthe claims they made, and that Tesla had accused her
`
`17
`
`18
`
`19
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`20
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`oftravelling to New York in Nov 2013,a place thatto this day, Mrs. Balanhas
`never been. Regardless, Defendant did not take any actionto resolve the matter,
`9.
`Balanhas attempted diligently to convince Defendantto removethe
`
`21
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`false and defamatory statements from the internet. Plaintiff’s former attorney
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`COMPLAINT AND REQUEST FOR INJUNCTION- 3
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`
`
`
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`
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`| and the relationship with Balan asalitigant. Tesla should be enjoined from
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`communicating false and defamatory statements about Ms. Balan.
`Tesla has exhibited a willingness to destroy and or conceal evidence as
`
`|
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`referenced herein through exhibits illustrating behavior during arbitration. Tesla
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`should be enjoined from destroying any evidence relevant to Ms. Balan’s claims
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`and enjoined from failing to preserve the same.
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`COMPLAINT AND REQUESTFOR INJUNCTION- 4
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`| Case 2:19-cv-00067-MJP Document1 Filed 01/15/19 Page 4 of 20
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`requested the removal during the arbitration. Tesla refused. In September 208,
`2018, Plaintiffcommunicated a demand to removethe false statements. Tesla
`contacted Balanon October 2018, claiming to confer in good faith. These
`conversations did not leadto resolution, and the false claims remained.
`10.
`It was notuntil a friend ofMs. Balan’ssenta letter directly to
`|| Huffington Post, that Huffington Post’s counsel, got involved. This comment from
`
`Tesla, accusing Balan ofclearly felonious behavior, remained on the internet until
`approximately December 20%, 2018, approximately 15 months. To date, Teslahas
`
`taken no action to mitigate the damages caused by these acts. Huffington Post ~
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`showed a sign ofgood faith, by removing the note almost immediately after
`
`|| receiving notice ofArbitrator Warner’s conclusions, but they also removed the
`
`entire article without any redaction.
`
`‘11.
`Plaintiffbrings this action to enjoin Defendant, Tesla, from further
`damaging Ms. Balan. Tesla acted in malice, abusing both theirpublic influence,
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`
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`
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`Case 2:19-cv-00067-MJP. Document1 Filed 01/15/19 Page 5 of 20
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`ll.
`
`THE PARTIES TO THIS COMPLAINT
`
`A. Plaintiff:
`
`12.
`
`Plaintiff, Cristina Balan, "Balan", "Plaintiff", "Mrs. Balan", is a well-
`
`respected, business person, specializing in engineering, with a degree from
`
`University of “Transylvania”, Ms. Balan is most recognized for her critical work
`
`on Tesla's vehicle batteries, resulting in Tesla Awarding her by engraving her name
`| into the battery modules. Her methodologies are still used in Tesla.
`
`13. Ms Balan is also a public speaker, because ofher career achievements |
`
`in automotive industry she was even invited to host a TEDx Talk in automotive;
`
`she had multiple tv shows and was part of dozens ofarticles internationally.
`| Including how to be a woman in automotive; Plaintiffcurrently owns and operates
`
`a Design House business called Tesseract Motors LLC in Washington state.
`
`B.
`
`The Defendant
`
`14. Defendant, Tesla Inc., "Tesla", is a corporation from 3500 Dear Creek
`
`Rd, Palo Alto California that produces electrical vehicles and solar panel
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`systems. Its reported missionis to accelerate the world's transition to clean and
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`sustainable energy
`
`15.
`
`Defendantis led by CEO Elon Musk. As of2018, Musk was
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`reported to have a net worth of $20.2 Billion andis listed by Forbes as the 46th-
`
`10 |
`
`11
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`12
`
`13
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`14
`
`15
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`16
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`17
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`18
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`19
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`20
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`21
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`COMPLAINT AND REQUEST FOR INJUNCTION - 5
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`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19. Page 6 of 20
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`richest person in the world. In December of 2016, Musk was ranked 21st on the
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`Forbes List ofthe World's Most Powerful People. At all times relevant to this
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`action, Musk maintained a known public following through Twitter, a leading
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`social network, of over 21 million followers.
`
` 20.
`
`i.
`
`JURISDICTION AND VENUE
`
`This Court has diversity jurisdiction pursuant to 28 U.S.C.§
`16.
`1332(a)(2) over this defamation. Ms. Balan is a resident ofThe State of
`Washington, living in Mukiteo since 2014, being a green card resident ofthe
`
`United States.
`
`|
`
`—
`
`17. Defendant, Tesla Inc., is a corporate citizen of California, with its
`| principle place ofbusiness, in Palo Alto California.
`18. Defendant can be served with summonsand complaint at it's
`headquarters in California, or through its AgentofServe, registered with the State
`ofWashington's Secretary ofState.
`|
`19. Ms. Balan and Tesla are citizens ofdifferent states, and the matter in
`
`|
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`controversy is exceeds the sum or value of$75,000.00, exclusive ofinterest and
`costs. Plaintiffestimates actual damages to be far greater due to the damages that
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`Tesla’s maliciously acted towards her.
`
`This Court has jurisdiction ofthis civil action pursuant to 28 U.S.C. §
`1 1332.As thedirect and proximate result ofTesla's defamatory accusations, Ms.
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`COMPLAINT AND REQUEST FOR INJUNCTION- 6
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`
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`|.
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`-
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`
`
`
`
`| audience
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`|
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`23.
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`In this action, Ms. Balan seeks a recovery for the worldwide damage
`
`that she has suffered to her reputation.
`24.
`This Court has both general and specific jurisdiction over Tesla.
`
`25. Venue is proper in this Court, pursuant to 28 U.S.C. §§ 1391(b)(1)-
`
`(2).
`
`.
`
`Iv.
`
`FACTUAL BACKGROUND
`
`A.
`
`Huffington Post Article about Ms Balan
`
`26. On September 8, 2017, the Huffington Post reporter approached Ms.
`| Balan and asked her to interview her about her career, but also why her
`
`relationship with Defendant ended. Thisarticle appeared to describe Mrs.Balan
`
`and her circumstance in a positive light. She holds that the original statements
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`were true EXHIBIT A. This was not Ms. Balan first US article, WSJ was the first
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`-|}COMPLAINT AND REQUEST FOR INJUNCTION - 7
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`Case 2:19-cv-00067-MJP Documenti Filed 01/15/19 Page 7 of 20
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`Balan suffered damage to her reputation in Washington, and California, as well as
`
`on a national and internationalbasis.
`
`21. The communications were verbalized and written, inthe Stateof
`|
`|| California, and published andrepublished to all ofthe United States, and
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`internationally.
`
`22. As one ofthe largest, and most publicized auto makers in theU.S., led
`by one ofthe ' most powerfill and publicized people on earth’, Tesla knew thatthe |
`false accusationswould be conveyed to aworldwide and personally interested,
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`
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`
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`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19 Page 8 of 20
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`27. | During her interview Ms Balan told her story ofwhat happened after
`replying, withserious concerns, to Defendant’s CEO email sent in 2013 called
`“communication within Tesla” in which he explicit details what will happen if
`||someone from Tesla will force the chain of commands;
`
`
`
`“Instead of a problem getting solved quickly, where a person inone dept
`talks to a person in another dept and makes the right thing happen, people
`ate forced to talk to their manager whotalks to their manager who talks to
`the manager in the other dept who talks to someone on his team. Then the
`info has to flow back the other way again. This is incredibly dumb.
`Any manager whoallows this to happen,let alone encourages it, will soon
`find themselves working at another company. No kidding.”
`
`“Anyone at Tesla can and should email/talk to anyone else according to
`what they think is the fastest way to solvea problem for the benefitof the
`whole company. You can talk to your manager's managerwithout his
`permission, you. cantalk directly to a VP in another dept, you can talk to —
`me, you can talk to anyone without anyone else's permission. Moreover,
`you should consider yourself obligated to do so until the right thing
`happens.”
`
`A full and true copy ofthe email is attached in EXHIBIT B.
`
`28.
`
`The reporter Paul Alexander, was shocked to hear how many other
`
`l/reporters where stopped to ask the question if Elon Musk received or not Ms Balan
`
`emails and serious evidence, containing safety, quality and management concerns
`
`from an entire team, not just Ms Balan and concludedhis article by saying:
`
`“Part of her claim is that she wasfired for doing precisely what Musk
`ordered his employeesto do in his now-famous email — come to him with
`information and concerns about Tesla. When she did, Musk was not only
`unresponsive, but she was fired. No kidding.”
`
`A full and true copy ofthearticle is attached in EXHIBIT A
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`COMPLAINT AND REQUEST FOR INJUNCTION- 8
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`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19: Page 9 of 20
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`B.
`
` Tesla’s Defamatory Statements Added to HuffingtonPost article
`In reaction On September 11%, 2017, Defendant attached a replyto
`
`29.
`
`Huffington Post’s article, stating multiple false and defaming claims about Ms.
`
`Balan. Specifically, Defendant stated in the EXHIBIT A
`
`“Ms. Balan spent company time working on a “secret project” without
`30.
`{her manager’s approval and”
`
`31.
`
`“booked an unapproved trip to New York at Tesla’s expense to visit a.
`
`|
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`potential supplier for her own personally-created project.”
`
`“Ms. Balan was unhappywith aparticular supplierthatwasselected
`32.
`| by an internal group ofsubject matter experts who extensively studied the issue.
`
`She took it upon herselfto find an alternative supplier that had no prior relevant
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`COMPLAINT AND REQUEST FOR INJUNCTION - 9
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`experience”
`“She also illegally recorded internal conversations within Tesla
`33.
`without anyone’s permission, which is clearly criminal conduct”
`34,
`Tesla continue by saying that “particularly emails that are not relevant
`
`to ourmission or the job at hand orare clearly suspect or misleading” does not
`“warrants a response”.
`
`35.
`
`“contrary to Ms. Balan’s claims, despite her own misconduct, she was
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`never fired from Tesla. She voluntarily resigned ~ not just once, but on multiple
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`occasions.”
`
`
`
`provided her with a special 10-month living stipend as an accommodation to help
`her with family issues, and she wanted that stipend to be extended even further.
`
`When wedid not extend it, she quit” “Also contrary to her claims, she never once
`
`informed the company she had any kind of significant medical problem prior to her
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`resignation”
`Tesla in their maneuvers to convince everyone how correct they are in
`37.
`holdingtheabsolute truth, they say Anyonein engineering, legal, executive,
`
`medical, and any other fields, that “Anyone looking objectively at Ms. Balan’s
`
`| theories can see that they are patently false, and frankly, completely nonsensical an
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`see that Balan’s theories are “patently false, and frankly, completely nonsensical.”
`
`C.
`
`__Balan’s Claims and Factual Background
`
`38. Combined with everything that was said from Paragraph 1 thru 37 Ms.
`
`36. Ms. Balan left Teslathe first time because we hadpreviously
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` Case 2:19-cv-00067-MJP Document1 Filed 01/15/19 Page 10 of 20
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`Balan States the following
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`39. Ms Balan Never "spent company time working on a “secret project”.
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`without her manager’s approval”. Ms Balan project was approved by the highest
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`level in Tesla after Elon Musk, Doug Field. Rich Heley the VP ofProduct
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`|| Excellence was involved along with other 3 directors, quite a few managers and
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`|
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`(a)
`
`| Mr Heley confirmed as the EXHIBIT C shows:
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`COMPLAINT AND REQUEST FOR INJUNCTION- 10
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`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19 Page 11 of 20
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`“Cristina | had a conversation with Doug Field tonight and he is
`still interested in exploring the visor concept”
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`(b) Ms Balan also had the Financial approval as well, as seen on
`EXHIBIT D,the purchase order signed and ordered by Doug Field whenasked
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`|} about the project he said:
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`“This oneis no-brainer, let's spend the money.It might be to _
`late for X but this could be a big feature on future vehicles”
`
`(c) Doug Field and an entire team of high-level executives’ support Ms.
`
`Balan in her patent idea EXHIBIT E
`
`“| think this is a really important technology for Tesla...I'm still
`obsessed with the idea of eliminating traditional sun-visors with
`... this technology’
`
`J
`
`
`
`40.|Ms. Balan Never been to New Yorkin her life, business or pleasure.
`lI Tesla could neverproduce any evidence ofthe expenses they claim they paid or
`
`booking for any “unapproved trip to New York at Tesla’s”. It was a discussion
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`and planning for scheduleatrip, with approval, but canceled after.
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`41. Ms Balan patent idea was Not for her “own personally-created project.” -
`|
`|| Was for a featurethat could help Teslaproducts, not herpersonally. Ideathat she
`|| was askedto look into by herowndirect directorEric Bach. When she come up
`|| with an even more amazing idea, she was told by her direct manager at the time
`
`|
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`that a woman’s brain will never be about to do a project or a patent likethis;
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`luckily not everyone at Tesla felt the same way;
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`|| COMPLAINT AND REQUESTFOR INJUNCTION-11
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`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19 Page 12 of 20
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`42. Ms. Balan was not “unhappy with a particular supplier”, she was
`
`2 |lunhappytolie and cut the quality for any supplier as she was asked to.
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`|| had no prior relevant experience”. Tesla lies again with something that are clear
`evidences for.
`|
`44. On one-point Ms Balanassistant manager let her know what projects
`|[are coining down thepipe. As the EXHIBITE will show. Aweek later shewas
`introduced forthe firttime to the supplier Tesla is accusing Ms Balanoftaking
`uponherselfto find them and present herself and the project she was working on,
`
` 43. Ms Balan Never “took it upon herselfto find an alternative supplierthat
`
`||as the EXHIBIT F
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`45.
`
`MsBalan disagree with the fact she sent “particularly emails that are
`
`not relevant to our mission or the job at hand orare clearly suspect or misleading”
`
`does not “warrants a response”. When people are threated because they rise quality
`
`or safety issues, when they worried that they will be deported ifthey try todo
`what’s right and weare talking as an entire team, Ms. Balan strongly believes it is
`
`“warrant a response” especially when those emails and evidence contain criminal
`
`behavior!
`46. MS Balan never did anything criminal. At issue is the statement Tesla |
`
`made that Ms. Balan's behavior, was clearly criminal.
`“She also illegally recorded internal conversations within Tesla
`without anyone’s permission, whichis clearly criminal conduct”
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`COMPLAINT. AND REQUEST FOR INJUNCTION - 12
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`47. Ms. Balan was not charged with a criminal action.
`48. A criminal conviction for the act Tesla accused Ms. Balan of, would
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`require a much greater showing ofevidence, namely, proof beyond a reasonable
`
`doubt to a moral certainty.
`-
`49.
`IfTesla felt Ms. Balan had brokenthe law, and damaged Tesla, it
`|| could have pursued criminal and or civil actionthroughthe appropriate channels
`| available when Ms. Balan presented the evidence ofserious acts inside Tesla. The
`only thingMs. Balanwantedwas to show her CEO what was going on. Tesla did —
`not pursue civil action, norwas criminal action broughtagainstMs.Balan. Tesla
`knew thestatute of limitations, which would haveariseniftheir accusation were
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` ‘ Case 2:19-cv-00067-MJP: Document 1 Filed 01/15/19 Page 13 of 20
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`{|
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`true, has run out.
`
`7
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`50. Consequently, Tesla's right as a U.S.citizen to have any court of
`competentjurisdiction rule on the matter's merits, andto stake its claim to that
`
`|
`ruling, has also been extinguished through waiver.
`51.
`‘Tesladid notstate its opinion was that Balan's behavior was criminal.
`52.
`Tesla statedthat Balan's behavior was ‘clearly criminal’. Tesla
`
`intended this claim to represent their conclusions, and to cause othersto arrive at
`thesame conclusion.In short, Tesla’s claim ofcriminal behavior could not atthe
`time, have been less 'clear’. At the time Tesla admitted they warnedMs. Balan to
`|| destroy the évidence/tecordings.
`
`0
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`COMPLAINT AND REQUEST FOR INJUNCTION- 13
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`occasions.” She was forced out after opening an internal investigation which Tesla
`
`| Never “investigated extensively’, ifnot other colleagues ofMs. Balan will be fired
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`and deported. Ms Balan was petrified and then senther resignation.
`
`54. Ms. Balan did not“left Tesla the first time” because the “living
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`stipend” was not “extended even further”. It was because she told Tesla they are
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`breaking thelaw, as she was misclassified. Ms Balan Win the Misclassification.
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`
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`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19.Page 14 of 20
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`53. Ms Balan never “She voluntarily resigned — not just once, but on multipie —
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`IF Tesla would have not breaking the law and paid accordingly Ms. Balan;
`there not have been tworesignation discussions.
`|
`|
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`55. Ms Balan disagree on the statements “Also contrary to her claims, she
`
`never once informed the company she had anykind of significant medical problem prior
`to her resignation”. Not Formally, but Tesla knew thru an internal party that Ms.
`
`
`Balan was part of, the fact Ms. Balan will find out in 5 days ifthe multiple tumors
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`shejust found out she has on her breasts could be cancer. This happened two days
`
`after Ms. Balan agreedto retract her resignation for misclassification and Tesla
`
`| accepted. All the workwas giving backto Ms. Balan like nothing happened. Two
`
`| last day.
`
`Later Ms. Balan requested all the emails ofher last week, but Tesla
`56
`
`legal counselor testified that the entire company, everyone, lost 3 weeks ofemails,
`
`
`
`|| days after the cancer news, Tesla “change their mind” and told Ms. Balan is her
`
`1
`
`||but on one-point just ‘some emails’ from the “glitch” period appeared
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`COMPLAINT AND REQUEST FOR INJUNCTION- 14
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`
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`Tesla’s IT expert could notexplain howthat happened.
`57. A few months later Tesla approached Ms Balanand asked herabout
`i{her health, She respondedshe is well, and hertumors are not cancer; soon after
`
`3
`
`| Tesla asked Balan to return to Tesla, but with the conditions to forget what
`happened 3-4 months before, between her and Tesla related to cancer. Balan agree
`
`58. Ms. Balan’s claimsare not theories are facts not only objective but are
`
`backed by clear evidence and she strongly disagree that “they are patentlyfalse,
`and frankly, completely nonsensical”
`
`59. Ms. Balan took multiple steps to attempt to mitigate her damages.
`
`Ms. Balan instructed her attorney to take reasonable action to remedy the illegal
`
`jact. He stated that he had called Tesla, but the reply was not be removed.
`
`60. Mr. Balan attorney prepared a statement to send a comment to
`
`Huffington Post to remove the commentorpost a reply; she did what she was
`
`instructed. Huffington Post did nothing; they refuse to publish Ms Balan comment;
`
`EXHIBIT I,
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` Case 2:19-cv-00067-MJP Document1 Filed 01/15/19. Page 15 of 20
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`|
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`61.
`
`Asa last result until the current litigation will close and Ms. Balan
`
`|| wrote on her blog what she thought was untrue in Tesla’s note. Mr. Balan attorney
`remindedher that Tesla is very malicious and should stop updating her blog for
`
`now.
`
`62. Ms Balan lawyer asked her to focus onfinalized her currentlegal case
`with Tesla at that time before opening the Defamation lawsuit, but that changed
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`COMPLAINT AND REQUEST FOR INJUNCTION- 15
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`_
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`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19 Page 16 of 20
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`after Tesla’s CEO Elon Musk,stated publicly on August 2018 that his and
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`automatically his company legal position is that if a person publishes statements
`
`about you that damage you, and you don't sue the person whois the source ofthe
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`| statements, they must be true. Mr. Musk's total followers worldwide on Twitter,
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`currently sits at approximately 22.5 million followers.
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`63. All ofthe false and defamatory accusations by Tesla against Balan,
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`were published without privilege and with actual knowledgeoffalsity, or with a
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`reckless disregard for truth orfalsity.
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`64. At the time when Tesla made the defamatory statements Tesla knew
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`Ms. Balan was suffering from PTSD from the way Tesla threated her to destroy her
`
`evidences and for her finals moment at Tesla and knowing that Teslastill made
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`those defamatory statements
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`65. On Sect 20, 2018 Ms. Balan Senta letter of intent and email to Tesla’s
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`CEO Elon Musk. EXHIBIT J and K
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`66.
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`In the end of October Tesla’s counselor contacted Ms Balan to discuss
`
`her demands. The mostcritical one was for Tesla to removeits note.
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`67.
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`Instead ofretracting its false accusations, and ceasing its campaign of
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`litigant abuse, the defendant didn’t take any action to insure the defaming
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`comments were retracted and stop been publicized worldwide, and:densely within
`
`|| audiences ofMs. Balan's professional field.
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`COMPLAINT AND REQUEST FOR INJUNCTION- 16
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`
`
`
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`_ 73. Balan did not produceasecret project for Tesla's cars at Tesla's
`
`unapproved expense without their knowledge, and for , her personal interests
`74.
`Balan did not install a windshield in Tesla's vehicle(s) without the
`
`company's knowledge or approval.
`
`75. Balan did not perform acts which were clearly criminal.
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`| COMPLAINT AND REQUEST FOR INJUNCTION- 17
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`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19 Page 17 of 20
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`Vv.
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`CAUSE OF ACTION FOR DEFAMATION
`
`68. Ms. Balan reasserts and incorporates by reference paragraph 1 - 67 of
`this complaint.
`| 69. Tesla's publications in Exhibit A, as referenced in paragraphs 29, 30, 31,
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`1(32, 33, 34, 35, 36, 37 are hereinafter referred to as the "False and Defamatory
`| Accusations.”
`|
`70. The United States has passed multiple civil and criminal pieces of
`legislation, to protect both small, medium, and large businesses, from the types of
`
`illegal activity Tesla accused Balan of. Tesla's False and Defamatory Accusations
`falsely accused Balan of (1) Spending company money without approval. (2)
`
`Booking an unapproved trip to New York. (3) Producing a secret project for
`Tesla's windshields, at Tesla's expense, without their knowledge, and for Balan's
`
`personal gain. (4) Installed said windshield in Tesla's vehicle, without the
`| company's knowledge or approval. (5) Performed acts which were clearly criminal.
`
`71. Balan did not spend company money without proper approval.
`
`72. Balan did not book an unapprovedtrip to New York.
`
`
`
`
`
`
`
`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19 Page 18 of 20
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`76.
`
`The False and Defamatory Accusations were published without
`
`privilege and were published with actual malice.
`
`77.
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`Some of The False and Defamatory Accusations are defamatory per
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`se, and damages to Ms. Balan are presumed as a matter of law.
`
`78.
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`The False and Defamatory Accusations are libelous on their face in
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`that they are defamatory ofMs. Balan without necessity of explanatory matter or
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`|| other extrinsic facts, and/or they impute to Balan criminal conduct.
`
`79.
`
`The False and Defamatory Accusations directly and proximately
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`caused substantial and permanent damage to Balan.
`
`80.
`Tesla published the False and Defamatory Accusations with actual
`malice, that is, with knowledge offalsity or a reckless disregard for the truth or
`falsity.
`
`81. Tesla has never retracted the statements.
`
`82.
`
`Tesla published the statements, and manipulated their placement,
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`Tesla was upset about the article placing Balan in a positive realistic light, and the
`possibility others will asked Mr. Muskagain ifhe received Ms. Balan emails and
`
`|
`critical information
`83. Clearly frustrated from Huffington Post's positive piece about Balan,
`Tesla sought to take swift and final action, to destroy the reputation ofBalan.
`84.
`Teslais liable for damages for each False and Defamatory
`
`Accusations, as Tesla had 3 years oflitigations, depositions and discovery with
`
`COMPLAINT AND REQUEST FOR INJUNCTION- 18
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`10
`
`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`
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`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19 Page 19 of 20 -
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`Ms. Balan and they were awareat the time they wrote this article note, ofallthe
`
`ins and outs. All the Exhibits that are presented here Tesla had them for years.
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`85. Balan has suffered an incredible amount of emotional distress as a
`
`result ofTesla's False and Defamatory Accusations. Exhibit A
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`86. Because Tesla published the False and Defamatory Accusations with
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`|| both Constitutional and common law malice, Ms. Balan is entitled to an award of
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`|| punitive damages to punish it for it's wrongdoing and deter him from repeating
`
`|such inappropriate behaviorin the future against others.
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`87.
`
`Tesla's conduct was willful and demonstrates a desire to dominate,
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`10 |
`
`and to control, not just financial returns, but the individuals laboring for them.
`
`11’
`
`88.
`
` Tesla's conduct showsdesire to controlits public perception, and a
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`12
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`willingness to catastrophically damage individuals who oppose that view, be it a
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`13 |
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`14
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`15
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`16
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`17
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`corporation or a family, without regard for American Civil Law.
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`WHEREFORE,Plaintiff, Cristina Balan, respectfully prays forjudgment against
`
`Defendant, Tesla Inc., as follows:
`
`(a) Judgement be entered against Defendant, Tesla Inc., for compensatory damages _
`
`in an amount in excess of Seventy-Five Thousand Dollars ($75,000), to be
`
`18
`
`calculated at Trial.
`
`19
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`(b) Judgement be entered against Plaintiff Tesla Inc., for punitive damages in an
`
`20
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`mount determined at trial, in an amountthat is just by the evidence, and serving to
`
`21
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`punish Tesla., and deter it from repeating such conduct.
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`COMPLAINT AND REQUEST FOR INJUNCTION- 19
`
`
`
`Case 2:19-cv-00067-MJP Document1 Filed 01/15/19 Page 20 of 20
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`\|(c)A preliminary injunction be issued against Defendant, ordering Teslato retract
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`the False and Defamatory Accusations, and enjoining them from making False and
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`Defamatory Accusations In the future.
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`
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`(d) Thatall costs of this action be taxed to Defendant; and
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`(e) That the Court grantall such other and further reliefthat the Court seems just
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`||and proper.
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`JURY TRIAL DEMANDED
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`Dated January 15, 2019
`
`CRISTINA BALAN -Plaintiff
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`
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`COMPLAINT AND REQUESTFOR INJUNCTION- 20
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`
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