PlainSite :: CURRAN v. TESLA, INC, Superior Court of California, County of Alameda Case No. 21CV004040 Document 1: Document

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351 California Street, Suite
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DAVID A. LOWE (SBN 178811)
dal@rezlaw.com
MEGHAN F. LOISEL (SBN 291400)
mfl@rezlaw.com
RUDY, EXELROD, ZIEFF & LOWE, LLP
Telephone: (415) 434-Facsimile: (415) 434-
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San Francisco, CA

WILLIAM C. JHAVERI-WEEKS (SBN 289984)
wjw@jhaveriweeks.com
ALLY N. GIROUARD (SBN 336625)
ag@jhaveriweeks.com
THE JHAVERI-WEEKS FIRM
351 California Street, Suite
San Francisco, CA Telephone: (415) 463-Facsimile: (415) 367-Attorneys for Plaintiff
Michala Curran
SUPERIOR COURT
FOR THE STATE OF CALIFORNIA
COUNTY
OF ALAMEDA
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MICHALA
CURRAN.
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Case No.
Plaintiff,
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COMPLAINT
FOR DAMAGES
VS.
TESLA, INC. WHICH WILL DO BUSINESS
IN CALIFORNIA AS TESLA MOTORS.
INC., a Delaware Corporation: and DOES |
through 20. inclusive.
DEMAND
Defendants.
COMPLAINT
FOR DAMAGES
FOR JURY TRIAL

Page 2 =
Michala Curran complains and alleges as follows:
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NATURE OF THE CASE
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side as she changed out of the bodysuit she had to wear when painting Tesla’s cars. To her face,
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male co-workers would make comments like, “Oh, this white bitch has ass,” “she has hella ass.”
on
“your tits are small, but you have a big ass,” and “hey come over here.”
sexually propositioned Ms. Curran and asked her to give him a hand job in the Tesla parking lot,
referencing how other employees would often have sex in the parking lot. Ms. Curran was not
sure who to complain to. given that her own Supervisor was himself one of the harassers.
nearly two months of being sexualized at her first job out of high school, she could not take it
anymore and decided to quit.
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her “big butt” she should “shake her ass,” be an exotic dancer, and tried to slap her on the back-
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Tesla’s Fremont factory.
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Michala Curran was eighteen-years-old when she started her first job as an adult at
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factory floor, is known to supervisors and managers and often perpetrated by them.
The pervasive culture of sexual harassment,
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which includes a daily barrage of sexist language and behavior, including frequent groping on the
3.
Within her first weeks at work, her own Supervisor told her that with
One male co-worker
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Ms. Curran saw other women experiencing the same environment. and witnesses
will testify that they observed the rampant sexual harassment at Tesla.
action to hold Tesla accountable for the harm it has caused her, and in hopes that Tesla that will
put a stop to the unsafe. hostile work environment harming women at its Fremont factory.
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heart of the progressive San Francisco Bay Area.
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resembles a crude, archaic construction site or frat house than a cutting-edge company in the
Tesla’s factory floor more
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plant to nightmarish conditions of rampant sexual harassment.
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for its workers,' the truth is that for years Tesla has subjected women working in its Fremont
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Ms. Curran brings this
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Although Tesla publicly claims that it fosters a safe and respectful environment
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' Tesla, Inc. 2020 10-K Report to the Securities and Exchange Commission at pp. 12-13.
https://www.sec.gov/Archives/edgar/data/13 18605/000156459021004599/tsla-
10k_20201231.htm
|
COMPLAINT
FOR
DAMAGES

Page 3 beginning of December 2019 until approximately the end of January 2020.
Modesto, California.
Defendant Tesla, Inc. Which Will Do Business In California As Tesla Motors, Inc.
(“Tesla” or “Defendant”), is a Delaware Corporation with its principal place of business in
California.
The true names and capacities of Defendants named herein as Does | through 20,
inclusive, whether individual, corporate, associate or otherwise are unknown to Plaintiff, who
therefore sues said Defendants by fictitious names pursuant to California Code of Civil Procedure
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She resides in
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Plaintiff Michala Curran was employed by Tesla from approximately the
section 474.
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Does | through 20, inclusive, when they have been determined.
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VENUE AND JURISDICTION
Venue is proper in this Court under California Code of Civil Procedure § 395.
because Plaintiffs employment was performed in this county and because the legal violations
alleged herein took place in this county.
8.
Venue is also proper in this Court under California Government Code § 12965(b)
because Defendant committed the unlawful practices alleged herein in this county.
9.
This Court has general jurisdiction to adjudicate this unlimited civil case. in which
the total amount in controversy, exclusive of interest and costs, exceeds $75,000.
10.
This Court has jurisdiction to adjudicate Plaintiff's claims under the Fair
Employment and Housing Act pursuant to California Government Code § 12965(b).
This Court has personal jurisdiction over Defendant because Defendant employed
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Plaintiff at Defendant's place of business located in this county, and because Defendant's acts
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Plaintiff will amend this Complaint to show such true names and capacities of
allegedly giving rise to liability occurred in this county,
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PROCEDURAL ALLEGATIONS
12.
Prior to filing this Complaint, Plaintiff filed a complaint with the Department of
Fair Employment and Housing against Defendant for discrimination and harassment on
COMPLAINT
FOR
DAMAGES

Page 4 =
December 13, 2021.
Plaintiff obtained a notice of Right-to-Sue on the same date prior to filing
Tesla hired Ms. Curran through a third-party staffing agency in approximately the
She was placed at a station applying paint to car bodies.
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13.
beginning of December 2019 as a Production Associate working on the factory floor in Fremont.
At the start and end of shifts, she and
other employees at her station would change into and out of bodysuits in a booth next to the line.
14.
Ms. Curran’s supervisor was a man named Ron [last name unknown].
Ron
harassed Ms. Curran throughout her time at Tesla. When Ms. Curran had to change out of her
bodysuit in the booth, she would notice that Ron would be right behind her just watching her as
she took off her bodysuit.
While she was changing, Ron made comments to her about her body,
including telling her she had a “big butt,” that she should “shake [her] ass,” and that she “should
dance” (i.e., work as a stripper).
On approximately two occasions, Ron attempted to slap
Ms. Curran’s behind, generally as she was taking off her body suit. Ms. Curran would dodge his
hand and move away quickly.
15.
Ron’s behavior made Ms. Curran extremely uncomfortable, but because he was
her Supervisor, and she was young and new to her job, she was scared to complain to anyone.
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included “Oh, this white bitch has ass;” “That white bitch was there — she has hella ass:” “she’s
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hella thick;” “your tits are small. but you have a big ass:” and general hollering comments such as
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“hey come over here.” Men would make these comments when she was right in front of them.
clearly intending for her to hear.
a culture in the factory in which male workers brazenly made sexual comments about thé bodies
of female employees passing by.
of comments
Ms. Curran did not know these men’s names — there was simply
On one occasion. a male co-worker who was stationed in her work area that day
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Specific examples
propositioned Ms. Curran to engaged in a sexual act with him in Tesla’s parking lot. Ms. Curran
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Men would also stare at her in a creepy and suggestive way.
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Other men on the factory floor made sexual comments about her on a daily basis.
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had previously heard that Tesla employees would have sex in the parking lot of the factory.
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COMPLAINT
FOR DAMAGES
This

Page 5 —_—
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lot and give him a hand job. She felt extremely uncomfortable and immediately rejected him.
angry, anxious, afraid, and uncomfortable, both at work and even outside of work.
wearing baggie clothes to try to avoid drawing attention to herself.
She began
Ms. Curran had been excited to work in her first job after high school, and she
she got sick, possibly with COVID-19.
unbearable — she felt that no job was worth being sexualized and insulted, and she did not feel
safe in an environment where men were treating her that way.
The thought of going back to the factory after that was
Therefore, she felt like her only
viable option was to quit and look for a different job.
20.
About a month later, the COVID-19 pandemic arrived, and Ms. Curran was out of
FIRST CAUSE OF ACTION
(Sexual Harassment in Violation of FEHA, Gov. Code §§ 12940 ef seq.)
21.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
Ms. Curran was jointly employed by Tesla and her staffing agency.
She spent all
of her work time at Tesla’s facility, where she was supervised by a Tesla employee who harassed
her, and where Tesla controlled the working conditions at issue in this case.
23.
Ms. Curran was subjected to severe and pervasive harassing conduct from her
Supervisor and colleagues because she is a woman.
As detailed above, this severe, pervasive, and harassing conduct included near-
NO
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unwanted attempts by her Supervisor to touch her back-side.
25.
Ms. Curran’s circumstances constituted a hostile work environment.
NO
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daily obscene comments and catcalls of an objectifying. demeaning, and sexual nature, and
26.
The sexual advances and comments directed to Ms. Curran were unwelcome.
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work for nearly two years.
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About two months into the job,
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thought she might really excel at Tesla and start a career there.
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The behavior that Ms. Curran experienced made her feel depressed, ashamed,
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male co-worker mentioned this to Ms. Curran and asked if she wanted to join him in the parking
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Defendant is strictly liable for the sexual harassment because it was conducted by
COMPLAINT
FOR DAMAGES

Page 6 performance, and discipline her.
28.
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Tesla knew or should have known of the rampant sexual harassment directed at
Ms. Curran because the behavior was committed and/or witnessed by Supervisors and Leads and
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Ms. Curran’s Supervisor, who had authority to direct Ms. Curran’s work activities, evaluate her
was generally known to and tolerated by Tesla.
Yet Tesla failed to take immediate and
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appropriate corrective action.
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Ms. Curran has suffered pain and suffering and continues to suffer severe emotional distress,
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As a direct, foreseeable, and proximate result of Tesla’s unlawful actions,
including shame, anxiety, embarrassment, stress, and indignity, all to her damage in an amount to
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29.
be proven at the time of trial.
30.
Tesla committed the aforementioned acts despicably, maliciously, and willfully,
with the wrongful intention of injuring Ms. Curran, from an improper and evil motive amounting
to malice, and in conscious disregard of her rights and safety.
notice of and ratified the offending conduct.
Tesla managing agents were on
Ms. Curran is thus entitled to recover punitive
damages from Tesla in an amount according to proof.
SECOND CAUSE OF ACTION
(Failure to Prevent Sexual Harassment in Violation of FEHA, Gov. Code § 12940(k))
31.
Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
32.
Tesla failed to take immediate preventative and corrective steps reasonably
calculated to prevent the sexual harassment of Ms. Curran.
33.
workplace.
34,
Tesla knew or should have known of the rampant sexual harassment in its
As a direct. foreseeable, and proximate result of Defendant's unlawful actions.
Ms. Curran has suffered pain and suffering and continues to suffer severe emotional distress.
including shame. anxiety. embarrassment. stress, and indignity, all to her damage in an amount to
be proven at the time of trial.
/I/
COMPLAINT
FOR DAMAGES

Page 7 WwW
to malice, and in conscious disregard of her rights and safety. Tesla managing agents were on
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notice of and ratified the offending conduct.
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with the wrongful intention of injuring Ms. Curran, from an improper and evil motive amounting
damages from Tesla in an amount according to proof.
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Under California Government Code § 12940, it is an unlawful employment
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practice for an employer to discharge an employee or to discriminate against an employee in
terms, conditions, or privileges of employment. because of her sex.
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forth herein and alleges as follows:
38.
Defendant discriminated against Plaintiffby subjecting her to working conditions
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Plaintiff hereby incorporates by reference the previous paragraphs as iffully set
to which men were not subjected — including the above-described unlawful treatment — based
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(Discrimination in Violation of FEHA, Gov. Code §§ 12940 ef seq.)
upon her sex. Plaintiff was denied terms and privileges granted to men —i.e., a workplace free of
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Ms. Curran is thus entitled to recover punitive
THIRD CAUSE OF ACTION
sex-motivated negative treatment.
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alternative except to resign.
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Asa direct. foreseeable, and proximate result of Defendant’s unlawful actions.
Ms. Curran has suffered economic loss. pain and suffering and severe emotional distress,
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including shame, anxiety. embarrassment. stress, and indignity, all to her damage in an amount to
be proven at the time of trial.
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Ms. Curran resigned because of the working conditions alleged above.
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intolerable that a reasonable person in Plaintiff's position would have had no reasonable
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intentionally created and knowingly permitted sexual harassment of Plaintiff
that was so
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Plaintiff. Tesla. through its officers. managing agents, and/or supervisory employees.
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By engaging in the above unlawful conduct, Defendant constructively discharged
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Tesla committed the aforementioned acts despicably, maliciously, and willfully,
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42.
Tesla committed the aforementioned acts despicably, maliciously, and willfully.
with the wrongful intention of injuring Ms. Curran, from an improper and evil motive amounting
COMPLAINT
FOR DAMAGES

Page 8 =
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damages from Tesla in an amount according to proof.
FOURTH CAUSE OF ACTION
(Wrongful Termination in Violation of Public Policy)
43.
44.
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Defendant’s termination and/or constructive discharge of Ms. Curran violated the
fundamental public policy of the State of California embodied by FEHA that employers shall not
discriminate against or harass employees on the basis of sex.
45.
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Ms. Curran has suffered economic loss, physical injury, pain and suffering and severe emotional
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As a direct, foreseeable, and proximate result of Defendant’s unlawful actions,
distress, including shame, anxiety, embarrassment, stress. and indignity. all to her damage in an
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Plaintiff hereby incorporates by reference the previous paragraphs as if fully set
forth herein and alleges as follows:
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notice of and ratified the offending conduct. Ms. Curran is thus entitled to recover punitive
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to malice, and in conscious disregard of her rights and safety. Tesla managing agents were on
amount to be proven at the time of trial.
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with the wrongful intention of injuring Ms. Curran, from an improper and evil motive amounting
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to malice, and in conscious disregard of her rights and safety. Tesla’s managing agents were on
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Tesla committed the aforementioned acts despicably, maliciously, and willfully,
notice of and ratified the offending conduct.
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damages from Tesla in an amount according to proof.
Ms. Curran is thus entitled to recover punitive
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WHEREFORE.
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PRAYER FOR RELIEF
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Ms. Curran prays for judgment against Tesla as follows:
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‘For punitive damages as allowed by law:
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attorneys’ fees;
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emotional distress:
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but not limited to, salary and bonus wages), equity. fringe benefits. future lost earnings: and
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Forcompensatory damages, including but not limited to. lost back pay (including.
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For an award to Ms. Curran of costs of suit incurred herein and reasonable
COMPLAINT
FOR
DAMAGES

Page 9 —
For prejudgment interest and post-judgment interest permitted by law; and
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5.
For an award of such other and further relief as the Court deems just and proper.
DATED:
December 14,
Respectfully submitted,
RUDY, EXELROD, ZIEFF & LOWE, LLP
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By: LZ
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THE JHAVERI-WEEKS
FIRM
WILLIAM C. JHAVERI-WEEKS
ALLY N. GIROUARD
Attorneys for Plaintiff Michala Curran
DEMAND
FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all causes of action and/or issues so triable.
DATED:
December
14,
Respectfully submitted,
RUDY, EXELROD, ZIEFF
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COMPLAINT
FOR DAMAGES

PDF Page 1	PlainSite Cover Page

PDF Page 2	— DD W KR 351 California Street, Suite 700 oO DAVID A. LOWE (SBN 178811) dal@rezlaw.com MEGHAN F. LOISEL (SBN 291400) mfl@rezlaw.com RUDY, EXELROD, ZIEFF & LOWE, LLP Telephone: (415) 434-9800 Facsimile: (415) 434-0513 oO Oo OB NO San Francisco, CA 94104 WILLIAM C. JHAVERI-WEEKS (SBN 289984) wjw@jhaveriweeks.com ALLY N. GIROUARD (SBN 336625) ag@jhaveriweeks.com THE JHAVERI-WEEKS FIRM 351 California Street, Suite 700 San Francisco, CA 94104 Telephone: (415) 463-8097 Facsimile: (415) 367-1439 Attorneys for Plaintiff Michala Curran SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF ALAMEDA “10V004049 woe! MICHALA CURRAN. ORE gs. Case No. Plaintiff, _~ COMPLAINT FOR DAMAGES VS. TESLA, INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS TESLA MOTORS. INC., a Delaware Corporation: and DOES \| through 20. inclusive. DEMAND Defendants. COMPLAINT FOR DAMAGES FOR JURY TRIAL

PDF Page 3	= Michala Curran complains and alleges as follows: PS NATURE OF THE CASE FR oO ODO N Oa Oo Ww side as she changed out of the bodysuit she had to wear when painting Tesla’s cars. To her face, & male co-workers would make comments like, “Oh, this white bitch has ass,” “she has hella ass.” on “your tits are small, but you have a big ass,” and “hey come over here.” sexually propositioned Ms. Curran and asked her to give him a hand job in the Tesla parking lot, referencing how other employees would often have sex in the parking lot. Ms. Curran was not sure who to complain to. given that her own Supervisor was himself one of the harassers. nearly two months of being sexualized at her first job out of high school, she could not take it anymore and decided to quit. = — a = = oO NO her “big butt” she should “shake her ass,” be an exotic dancer, and tried to slap her on the back- = = Tesla’s Fremont factory. oO —~* Michala Curran was eighteen-years-old when she started her first job as an adult at N 2. oO —* factory floor, is known to supervisors and managers and often perpetrated by them. The pervasive culture of sexual harassment, oO —& which includes a daily barrage of sexist language and behavior, including frequent groping on the 3. Within her first weeks at work, her own Supervisor told her that with One male co-worker A fier Ms. Curran saw other women experiencing the same environment. and witnesses will testify that they observed the rampant sexual harassment at Tesla. action to hold Tesla accountable for the harm it has caused her, and in hopes that Tesla that will put a stop to the unsafe. hostile work environment harming women at its Fremont factory. NO NO = No heart of the progressive San Francisco Bay Area. wo RO resembles a crude, archaic construction site or frat house than a cutting-edge company in the Tesla’s factory floor more £& NO plant to nightmarish conditions of rampant sexual harassment. on Oo NO for its workers,' the truth is that for years Tesla has subjected women working in its Fremont Ml /// Ms. Curran brings this “© NO" N RD No NO Although Tesla publicly claims that it fosters a safe and respectful environment oO — W L ' Tesla, Inc. 2020 10-K Report to the Securities and Exchange Commission at pp. 12-13. https://www.sec.gov/Archives/edgar/data/13 18605/000156459021004599/tsla- 10k_20201231.htm \| COMPLAINT FOR DAMAGES

PDF Page 4	beginning of December 2019 until approximately the end of January 2020. Modesto, California. Defendant Tesla, Inc. Which Will Do Business In California As Tesla Motors, Inc. (“Tesla” or “Defendant”), is a Delaware Corporation with its principal place of business in California. The true names and capacities of Defendants named herein as Does \| through 20, inclusive, whether individual, corporate, associate or otherwise are unknown to Plaintiff, who therefore sues said Defendants by fictitious names pursuant to California Code of Civil Procedure De = Oo 6. oe Oa ODO 5. She resides in NN oO WO Plaintiff Michala Curran was employed by Tesla from approximately the section 474. De NO ee 4. FP DY =\| PARTIES Does \| through 20, inclusive, when they have been determined. De Ww VENUE AND JURISDICTION Venue is proper in this Court under California Code of Civil Procedure § 395.5 because Plaintiffs employment was performed in this county and because the legal violations alleged herein took place in this county. 8. Venue is also proper in this Court under California Government Code § 12965(b) because Defendant committed the unlawful practices alleged herein in this county. 9. This Court has general jurisdiction to adjudicate this unlimited civil case. in which the total amount in controversy, exclusive of interest and costs, exceeds $75,000. 10. This Court has jurisdiction to adjudicate Plaintiff's claims under the Fair Employment and Housing Act pursuant to California Government Code § 12965(b). This Court has personal jurisdiction over Defendant because Defendant employed PR & Il. Plaintiff at Defendant's place of business located in this county, and because Defendant's acts RN oO RN w PO yo PP +> DO Oo \|e oO ae © ae ~N ae on te => Oo ewe A Plaintiff will amend this Complaint to show such true names and capacities of allegedly giving rise to liability occurred in this county, RO © RO N RN oO) PROCEDURAL ALLEGATIONS 12. Prior to filing this Complaint, Plaintiff filed a complaint with the Department of Fair Employment and Housing against Defendant for discrimination and harassment on 2 COMPLAINT FOR DAMAGES

PDF Page 5	= December 13, 2021. Plaintiff obtained a notice of Right-to-Sue on the same date prior to filing Tesla hired Ms. Curran through a third-party staffing agency in approximately the She was placed at a station applying paint to car bodies. oO ON oO 13. beginning of December 2019 as a Production Associate working on the factory floor in Fremont. At the start and end of shifts, she and other employees at her station would change into and out of bodysuits in a booth next to the line. 14. Ms. Curran’s supervisor was a man named Ron [last name unknown]. Ron harassed Ms. Curran throughout her time at Tesla. When Ms. Curran had to change out of her bodysuit in the booth, she would notice that Ron would be right behind her just watching her as she took off her bodysuit. While she was changing, Ron made comments to her about her body, including telling her she had a “big butt,” that she should “shake [her] ass,” and that she “should dance” (i.e., work as a stripper). On approximately two occasions, Ron attempted to slap Ms. Curran’s behind, generally as she was taking off her body suit. Ms. Curran would dodge his hand and move away quickly. 15. Ron’s behavior made Ms. Curran extremely uncomfortable, but because he was her Supervisor, and she was young and new to her job, she was scared to complain to anyone. =\|— oO PO FD included “Oh, this white bitch has ass;” “That white bitch was there — she has hella ass:” “she’s PRO FS hella thick;” “your tits are small. but you have a big ass:” and general hollering comments such as PR NY “hey come over here.” Men would make these comments when she was right in front of them. clearly intending for her to hear. a culture in the factory in which male workers brazenly made sexual comments about thé bodies of female employees passing by. of comments Ms. Curran did not know these men’s names — there was simply On one occasion. a male co-worker who was stationed in her work area that day RN Nn 17. Specific examples propositioned Ms. Curran to engaged in a sexual act with him in Tesla’s parking lot. Ms. Curran NO oO PR Oo Men would also stare at her in a creepy and suggestive way. LP Wo Other men on the factory floor made sexual comments about her on a daily basis. KR FF 16. RN oO Ss WD s& N es DD dr NT —hmDDmhmhUmumDhmhLUlUuUuhLUlUl KR WO DMP = lef FACTS COMMON TO ALL CAUSES OF ACTION OW KR WD this lawsuit. had previously heard that Tesla employees would have sex in the parking lot of the factory. , 2 COMPLAINT FOR DAMAGES This

PDF Page 6	—_— PD lot and give him a hand job. She felt extremely uncomfortable and immediately rejected him. angry, anxious, afraid, and uncomfortable, both at work and even outside of work. wearing baggie clothes to try to avoid drawing attention to herself. She began Ms. Curran had been excited to work in her first job after high school, and she she got sick, possibly with COVID-19. unbearable — she felt that no job was worth being sexualized and insulted, and she did not feel safe in an environment where men were treating her that way. The thought of going back to the factory after that was Therefore, she felt like her only viable option was to quit and look for a different job. 20. About a month later, the COVID-19 pandemic arrived, and Ms. Curran was out of FIRST CAUSE OF ACTION (Sexual Harassment in Violation of FEHA, Gov. Code §§ 12940 ef seq.) 21. Plaintiff hereby incorporates by reference the previous paragraphs as if fully set forth herein and alleges as follows: Ms. Curran was jointly employed by Tesla and her staffing agency. She spent all of her work time at Tesla’s facility, where she was supervised by a Tesla employee who harassed her, and where Tesla controlled the working conditions at issue in this case. 23. Ms. Curran was subjected to severe and pervasive harassing conduct from her Supervisor and colleagues because she is a woman. As detailed above, this severe, pervasive, and harassing conduct included near- NO DO unwanted attempts by her Supervisor to touch her back-side. 25. Ms. Curran’s circumstances constituted a hostile work environment. NO N daily obscene comments and catcalls of an objectifying. demeaning, and sexual nature, and 26. The sexual advances and comments directed to Ms. Curran were unwelcome. NO Oo NM BR 24. MW oOo NPB Ww DYMO Ye NM FF \| Oo 22. DYMO OD BS WA we N ww OD Sw BR work for nearly two years. ww DT ow WO Uw PDH uu AB oO About two months into the job, O thought she might really excel at Tesla and start a career there. oO NO 19. Uw The behavior that Ms. Curran experienced made her feel depressed, ashamed, BR 18. oO W male co-worker mentioned this to Ms. Curran and asked if she wanted to join him in the parking 27.. Defendant is strictly liable for the sexual harassment because it was conducted by 4 COMPLAINT FOR DAMAGES

PDF Page 7	performance, and discipline her. 28. —_— KR Tesla knew or should have known of the rampant sexual harassment directed at Ms. Curran because the behavior was committed and/or witnessed by Supervisors and Leads and oO W DN Ms. Curran’s Supervisor, who had authority to direct Ms. Curran’s work activities, evaluate her was generally known to and tolerated by Tesla. Yet Tesla failed to take immediate and NO appropriate corrective action. OB Ms. Curran has suffered pain and suffering and continues to suffer severe emotional distress, oO As a direct, foreseeable, and proximate result of Tesla’s unlawful actions, including shame, anxiety, embarrassment, stress, and indignity, all to her damage in an amount to oOo 29. be proven at the time of trial. 30. Tesla committed the aforementioned acts despicably, maliciously, and willfully, with the wrongful intention of injuring Ms. Curran, from an improper and evil motive amounting to malice, and in conscious disregard of her rights and safety. notice of and ratified the offending conduct. Tesla managing agents were on Ms. Curran is thus entitled to recover punitive damages from Tesla in an amount according to proof. SECOND CAUSE OF ACTION (Failure to Prevent Sexual Harassment in Violation of FEHA, Gov. Code § 12940(k)) 31. Plaintiff hereby incorporates by reference the previous paragraphs as if fully set forth herein and alleges as follows: 32. Tesla failed to take immediate preventative and corrective steps reasonably calculated to prevent the sexual harassment of Ms. Curran. 33. workplace. 34, Tesla knew or should have known of the rampant sexual harassment in its As a direct. foreseeable, and proximate result of Defendant's unlawful actions. Ms. Curran has suffered pain and suffering and continues to suffer severe emotional distress. including shame. anxiety. embarrassment. stress, and indignity, all to her damage in an amount to be proven at the time of trial. /I/ 5 COMPLAINT FOR DAMAGES

PDF Page 8	WwW to malice, and in conscious disregard of her rights and safety. Tesla managing agents were on KR notice of and ratified the offending conduct. oO =\| DY with the wrongful intention of injuring Ms. Curran, from an improper and evil motive amounting damages from Tesla in an amount according to proof. OO NN Under California Government Code § 12940, it is an unlawful employment =X hl 37. practice for an employer to discharge an employee or to discriminate against an employee in terms, conditions, or privileges of employment. because of her sex. WO hUuhLlUl forth herein and alleges as follows: 38. Defendant discriminated against Plaintiffby subjecting her to working conditions KR hm Plaintiff hereby incorporates by reference the previous paragraphs as iffully set to which men were not subjected — including the above-described unlawful treatment — based TN er 36. PDP oOo O OD (Discrimination in Violation of FEHA, Gov. Code §§ 12940 ef seq.) upon her sex. Plaintiff was denied terms and privileges granted to men —i.e., a workplace free of WD ss Ms. Curran is thus entitled to recover punitive THIRD CAUSE OF ACTION sex-motivated negative treatment. DA => alternative except to resign. FF KN Asa direct. foreseeable, and proximate result of Defendant’s unlawful actions. Ms. Curran has suffered economic loss. pain and suffering and severe emotional distress, oO PN NO 41. including shame, anxiety. embarrassment. stress, and indignity, all to her damage in an amount to be proven at the time of trial. Nn RP Ms. Curran resigned because of the working conditions alleged above. Oo NR 40. Oo KR KR PO intolerable that a reasonable person in Plaintiff's position would have had no reasonable NY intentionally created and knowingly permitted sexual harassment of Plaintiff that was so Wo Plaintiff. Tesla. through its officers. managing agents, and/or supervisory employees. O By engaging in the above unlawful conduct, Defendant constructively discharged DOD 39. PRO N ss Tesla committed the aforementioned acts despicably, maliciously, and willfully, FF =\|&— 35. 42. Tesla committed the aforementioned acts despicably, maliciously, and willfully. with the wrongful intention of injuring Ms. Curran, from an improper and evil motive amounting 6 COMPLAINT FOR DAMAGES

PDF Page 9	= DY WwW damages from Tesla in an amount according to proof. FOURTH CAUSE OF ACTION (Wrongful Termination in Violation of Public Policy) 43. 44. Oo So Defendant’s termination and/or constructive discharge of Ms. Curran violated the fundamental public policy of the State of California embodied by FEHA that employers shall not discriminate against or harass employees on the basis of sex. 45. i: NO Ms. Curran has suffered economic loss, physical injury, pain and suffering and severe emotional S, w As a direct, foreseeable, and proximate result of Defendant’s unlawful actions, distress, including shame, anxiety, embarrassment, stress. and indignity. all to her damage in an seeds & ait = — Plaintiff hereby incorporates by reference the previous paragraphs as if fully set forth herein and alleges as follows: ODO NN OD KR notice of and ratified the offending conduct. Ms. Curran is thus entitled to recover punitive oO to malice, and in conscious disregard of her rights and safety. Tesla managing agents were on amount to be proven at the time of trial. — Oo with the wrongful intention of injuring Ms. Curran, from an improper and evil motive amounting — N to malice, and in conscious disregard of her rights and safety. Tesla’s managing agents were on = c Tesla committed the aforementioned acts despicably, maliciously, and willfully, notice of and ratified the offending conduct. wc oO — on 46. damages from Tesla in an amount according to proof. Ms. Curran is thus entitled to recover punitive NO = WHEREFORE. NO Nh NO >) PRAYER FOR RELIEF l. Ms. Curran prays for judgment against Tesla as follows: NO wo 3. oO - ‘For punitive damages as allowed by law: NO N oe attorneys’ fees; NO: @ RO on emotional distress: nN oO but not limited to, salary and bonus wages), equity. fringe benefits. future lost earnings: and Ro A Forcompensatory damages, including but not limited to. lost back pay (including. /// - For an award to Ms. Curran of costs of suit incurred herein and reasonable 7 COMPLAINT FOR DAMAGES

PDF Page 10	— For prejudgment interest and post-judgment interest permitted by law; and PD 5. For an award of such other and further relief as the Court deems just and proper. DATED: December 14, 2021 Respectfully submitted, RUDY, EXELROD, ZIEFF & LOWE, LLP ON Oo oO KR WH 4. By: LZ Oo THE JHAVERI-WEEKS FIRM WILLIAM C. JHAVERI-WEEKS ALLY N. GIROUARD Attorneys for Plaintiff Michala Curran DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury on all causes of action and/or issues so triable. DATED: December 14, 2021 Respectfully submitted, RUDY, EXELROD, ZIEFF \| O >») WDA \| N eh OD eD——hUmuDhhhlUuOhhLhUlUlUhLhlUlUlhClUl GT BR WO PB oOo : DAVID/A LOWS. MEGHAN F. LOISEL PDO FD fied & LOWE. LLP _ UA a By: PR NY LP F DAVID A/LOWE MEGHAN F. LOISEL NR Ww THE JHAVERI-WEEKS WILLIAM C. JHAVERI-WEEKS PR F ALLY N. GIROUARD Attorneys for Plaintiff Michala Curran RO Oo RO N RO ODO RN oO FIRM 8 COMPLAINT FOR DAMAGES

CURRAN v. TESLA, INC Document 1: Document