Irene McCormack Lawsuit

7/28/2019 Irene McCormack Lawsuit

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8 Attorn. for 1'I!jjnijl!. IReNE McCORMACK JACKSON By Fa1(1II12

IN THE SUPERIOR COURt OF THE StATe OF CALIFORNIAFOR THE COUNTY OF SAN DIEGO

13 IRENE McCORMACK JACKSON, ABE NO:1415

Plalntilf, COMPlAINT FOR DAMAGES16 1IS. EMPLOYMENT DISCRIMINATlONSEXUAl. HARASSMENT11 (VJOiation orGov'tCode 12940 9/seq.)ITY OF SAt! DIEGO; ROBERT18 rsoB'! F1LHER. an Individual; andOOE$ 1 through 25, inclusive,19201\222324

Defendants.

PRe IMlNARY FACTUAL iTATeMENI1, Plaintiff IRENE McCORMACK JACKSoN (hnnaller refaned 10 ....

"P!ai!lllft'" or "MS. McCormack Jao:;1


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1 was, II municipality organized and 1Ix!$1ing UI'lc:ler lIle Iiiws of !he Slate of California doing2 $Ubstantiai business In l i lt County of San Diego, State of California, CiI of San Diego3 employs more than five emplOj'lle$ ami i$ engaged in interstate commerce within lhe4 maening of CaIlfQmIa Ggyemmen! Code 121126.5 S. Plaintiff Ms, McCormack Jackson is informed and believes, and based6 lIleJeOn I l l l e g ~ that Defendant ~ B E R T ("BOB") F1LN!R, (hereinafter 'FILNER") Is an7 individual who at allrekMlnt limes he ... n was a resident of the County of San Diego.I Plaintiff McCormack JliICkson is informed and believes thel at all relevant timM herein9 FILNeR was the Mayor far Defendant City of San DIego and a$ such, a managing agent

10 of Defendant City of San Diego,11 4. The true names and capacilles, whether Individual, associate or otherwise,12 of Defendants sued heNiin as OOES 1l1lroYgh 25, incluslve, are currently unknown to13 Plaintiff McCormack Jackson, who lherarore sues said Defendants by SUM fictitious14 namE!$. Plaintiff is informed and belielle$, and based thereon a l l e ~ , that eaeh of the15 Defendants designated herein as a DOE is IegI.IIIy responsible in SOmE! mannar for the16 events and h a p p e n i ~ referred to herein, and Cl'Iusad InJury and dam age pfOl6mataly17 thereby 10 Plaintlif a$ hereinafl$r alleged, Plaintiff will seak leave of Court to amend this18 complaint to shOW the 1Tu", names and clfPaclties of the Defendants dQ$ignated herein as19 DOES when the _ nave been asoertaIned.20 6. Whenever in lhis complaint referMlCe is made to "Defendants., and each of21 thern." such alleg9!1on shaU be ~ d to mean the acts of Defendants acting7..2 individually, jointly, and/or severally.23 8. Plaintiff McCormack JaCkson is informed and believes, and besed lhereon24 alleges, thai at all times mentioned herein, e8


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1 1. On November 8, 2012. Defendant Robert FHner edgeo;l out carl DeMaio 102. become \he Mayor of san Diego. \he 8th mC$! populous City in the United States. In his3 first press conference following the election the M a y o r ~ l a c t promil;ed it:> bring a divided4 oily togelher. He said hI! Wilnted to have an administratiDrJ that would be inClusive of) minorities and women. He preaented himself throughout \he mayoral oampaign 9$ a6 8Upportar of women's rights.7 s. N. his first nlOWS oonference folloWing his election Defendlilnt Mayor-elect8 Fllner introduced his lieneee, Bronwyn Ingram, lIS his flrsllady. (However, on July 8.9 2013, she announ

760 476 8299

26 driving economic engine in \he future. What Defendsnt Mayor Fllner diel not mention was27 that Plaintiff McCormack Jaokson had taken iii $50,000 pay cut in ordGr to tak"this job28 with his administration. She believedln what the Mayorhad pubncly pll t forth as his

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1 vision for san Diego's future. Ms. McCormaok Jackson believed in Defendant Filner,2 pllllin and simple.

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:> 12. That day Defendant Finer said in referring to his core team, "They all know4 what they're getting into.' Plaintiff McCormaCk JaeklSon thought that was a true5 statement. She thought that whal she was getting into was an administration !hat would6 be dedlca.ted to irnprtlving the livH of San DIego residents. She !hough! that the Finer7 administration would be doing greetthlngs for the people of the City of San Diego and8 thai she would play a pert in that h(ataric affort.9 13. Instead, in the short time thst Defendant Fllner hall been Mayor, Robert

10 Fllner has disgraced him"!!lf and !he office he holds, by engaging in numerous insianoas11 of sexual harassment If Plaintiff McCormack JaekISon had known what she was "really12 getiIn!ll into' she neverwould have left her position at the Port of San Diego.l>14 BRST CAUSE OF ACTION15 (SomJa/ Harassment In Violation of Caljfcmla G od Cq4 , 512940 et $Qq.1Q Against Al l Dst'endllntl and DOES 1-25)! 7 14 Plairrtllf McCormack Jaokson repeats and reaUeges by reference each andISevery


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I 16. On Jenuary 25, 2013. Defendant Mayor Fi lner_ giving iii "Slate of !he2 City" address. The speech was IUpposed to begin at 6:00 p.m. However, theywere3 running late. As the Communications Director, Plaintiff McConnacK Jaclc:son was4 bacl


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As the Communications Oirector, Plaintiff McCormack Jackson was lQqUired to be at this2 event Defendant FUne, had been meetingwilh o n s t ~ u e n l ! l for a While and decided \03 take a bnlak. Defendant Mayor Filner ill known to love chocolate. dOUghnw. Plainliff4 pOinted out to Oefendant Mayor Filner that thefli! were some choeolam doughnw5 a\l'llilable.6 21. Wrthout her eont.ent Defendant /oAaVor Filnar put Pleintiff McCormack7 Jackson into a headlock and pUlled her lliongwith him as he made his way toward theg doughnuts. Pialnlilf McCormack Jackson could notge t :xway. His grip was too strong. As9 Mayor FHner puDed her along. he told her that she was 'so beQutifUl' and that he had

10 loved herfor a long time. Plaintiff could no t move. He a$ked her 'when are we going to11 get married. Wouldn't it be great if we oonsummaled the marriage?" All Pialnlilf12 McCormac:!< Jack$Ol\ could lhlnk of to say was, 'Slr, you have people out thera.' He13 finally released her.14 22. In lata Apnllaarly May 2013, Plainlilf McCormack Jackson and Oefendar\t15 Mayor Riner were going 10 the "Monthly lalkwith Ih . Mayor" at the Fox Studies in San16 DI&9O when Defendant Mayor Filner came up behind Pleintiff Meconnaek Jackson, aod17 without her consent. put hi!> arm around her shoulder. Deftlndant Mayor Filner saidIn18 sum or substance, "you are so beautiful. 110\I.1 you. One day we are going to get

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19 married.' Defendant Mayor Filne, said he was infatuated with Plaintiff and that thay \'.Ie,a2Q going to be togethe,. "Let's make It happen,' he said.21 23. In June :!013, Defendam Mayor Filner _ silting in a chair _ding a:22 proposed press relesoe. He saidto Plaintifl McCOrmack Jackson,. Utfs just put some2:l ex


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28. AI that moment Plainiif! MeCorma


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1 M. Plaintiff McCormack Jackson is informed and beDews tnat Defendant2 Mayor Fllner has al$o engaged In sexually Offensive behavior With ottler female3 e m p ~ .4 35. PleiniiffMcCormack JQCkson repeats and realleges by reference each and5 every allegation conlained in paTagfliPhs 1 tOrough 34 and incorporale$ tOe same herein6 as though fully set forth and ful'lher alleges thm: (1) Plail11il'f McCormack Jackson was an7 employee of Defendant City of SSn Diego; (2) Plaintift'McCormack Jackson wasS subjected to unwanted harassing conduct because she is II woman; (3) tOe harassing9 conduct was severe or parvaslve; (4) II reasonable woman in Plaintiff McCQrn'liiIck

10 Jackson's cltcumstance& would have considered the wor!( environment to be hostile or11 abuslva; (5) Plail11il'f McCormack JaCkson


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40. On July 1S, 2013, Plaintiff McCormack Jackson flied timely chargee againstZ Defendants with the California Department of Fair Employment and Housing ("DPEH")3 against Defendants Mayor Alner and CIty of San Diego. Wifhin one year of !he filing of4 this Complaint. the California D9plIrtmant of Fair Employment and Housing issued right5 to sue notlces to Plaintiff McCormack JaCkson a u t h O r ~ i n g lhl. lawsuit. True and correct6 copies of he administrmive cha:llIes and right to sUe lell:er are attached hereto as7 Exhilits 'A" and "8.' PlaintiffMcCormaek Jaokaorl has Iherefore e:xnlllusted her8 admilllstratlve remed ies9 41. As II direct and proximate r e s u ~ of Defendants' willful, knowing and

If) intentional discrimination against her, Plaini'll'! McCormack Jackson has l!IUffared and will11 continue to sulfar extIeme and severe mental anguish and emotiooal dislTess. Plaintiff12 McCormack Jackson is thereby entilled to general and compensatory damages In13 amounts to be proven at trial.14 42. As iii direct and proximate result ofDefendants' willful. knowing and15 intentional discrimination against her, Plaintiff McCormaek Jaekson has further suffered16 and will oontinue to I!uffar a loss of earnings andlor other employment benefi1:s and jQb17 opportunities.. Plaintiff McCormack Jackson is thereby entitled 10 general andU compensatory damages In Ql'l'lounts to be p!'O\I9Il at trial.19 43. As a further, dll'


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44. Plaintiff McCormack Jackson ill informed aM believes, and based ! l 1 e r e o ~2 alleges., that the outrageous COI'lduct of Defendal'll$ described above was done with3 malice, fraud and oppression and wlIh conscious disregard for her rights and with the4 intent design snd purpose of injuring her. Defendanls participated, authorized,S condoned and/or ratified t"'e unlawful CQIIdU1:'t of Defendant Mayor Filner. By reason6 !h9teof, Plaintiff McCormack Jackson is entitled to p u n ~ l V e or exemplety damages from7 Defendant Fllner in a sum aCCOrding to proof at trial.8 WHEREFORE, Plaintiff MoCormack Jac:lllson prays that judgment be entered in9 her flM>r and against Defendants as follows:

10 1. That Plaintiff be awar:lad general and compensatory damages,11 including prejudgment Inter'l'sl, in an amount aooording to proof at trial:12 2. That Plaintiff Q'l! awal'd'l!d reasonable attorneys' feas and costs of suit and13 knerestinourred;14 3. That Plaintill be awBl'd'l!d punitivec or exemplary damage!. against15 Defendant Filner in an amount according 10 pltlafat trial; and16 4. That this Court award suoh other and further relief as the Court deems just17 and pmpel'.1819 DATED: J U l y ~ 2013 ALLRED, MAAOKO & GOlDBERG2Q21 a Y : - - : ? 4 ~ ~ ~, ORI ALL22:l.3

, :o.ttomeys for PlaintiffIRENE McCORMACK JACKSON

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COI\ll'1AI1IIT 01' D!sCIIIMfjATION UNDER THe PRO\IISIONS OF TI'IlCAWfORNIA FAIR 1EMPtoYYI!MT AND HOUSING ACT

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I 'Msh to ptnU1it thls matter 1:1 r;ourt I hereby feql..'e5t '!hat the Departrn!i:'lI Fair Empfoyrnent aM HtJu!1l1n;provide 8 rigrrt to 9Ue. I um:ierstand t h a ~ if I want a fede:-al r i g h ~ to we ~ . 1 "liS!! L"le U.S. EqualEm p I _ Cppoo1lJnlty Comml"," (SEOC) '" fi'e """",alnt_In 30 "")'1> 01 """"pt of"" DFEH "Noace ofCase c::JosUI'6 al'ld R ~ t i l i t t to Sue, n or wBbin 300 days of the alleged Q ( s e r i r r : l t \ a ~ ;,ct. w h ~ l ! . d s earlielt-.! hine ~ been coerced into maklng requast, nor do I make It based on tear of retaUiatiorr if ! d() not de>?Q, !understand it is trnJOepartti'.ent Of Fair El'I1p10!lt:'!Mt and Housll''Ets parley to not prQOess or I"aOp.ElA a compialn(once the complaint has been closed an (he oMit of "Complairtant Elected Court .b,ctiol'\'."By $.lhmftii:1S thjs oomplaint. I am declaring under penally rI under fue laws of he .state of ca:'iftrmla that,to !hill bSt of roy knowledge, alllnf01TT'etiOIl coni:BIneo )1'1' this ~ f 3 ( n t tnJe and correct, except matters ste.tedon my infOrmaaor, BOd belief, and I de:date that tI'Io$e maltli!n; I believe to be t"llQ"VOrt1led by [,en. McCormack Jacl


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Irene McCormack Lawsuit

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