Documente Academic
Documente Profesional
Documente Cultură
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MARK J. GERAGOS
SBN 108325
BEN J. MEISELAS
SBN 277412
TYLER M. ROSS
SBN 292263
Attorneys for Plaintiff JOSEPH WEINBERG
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Plaintiff,
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vs.
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VALEANT PHARMACEUTICALS
INTERNATIONAL, a Delaware
corporation; MEDICIS
PHARMACEUTICAL CORPORATION,
a Delaware corporation; OBAGI
MEDICAL PRODUCTS, INC., a
Delaware corporation; BAUSCH &
LOMB INCORPORATED, a New York
corporation; and DOES 1 through 50,
inclusive;
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Defendants.
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RETALIATION IN VIOLATION
OF LABOR CODE 1102.5(b);
2. RETALIATION IN VIOLATION
OF LABOR CODE 1102.5(c);
3. DISABILITY DISCRIMINATION
IN VIOLATION OF GOV. CODE
12940(a);
4. WRONGFUL TERMINATION;
5. CONSTRUCTIVE DISCHARGE
IN VIOLATION OF PUBLIC
POLICY;
6. HARASSMENT IN VIOLATION
OF GOV. CODE 12940;
7. RETALIATION IN VIOLATION
OF GOV. CODE 12940;
8. FAILURE TO MAINTAIN
ENVIRONMENT FREE FROM
HARASSMENT IN VIOLATION
OF GOV. CODE 12940;
9. INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS;
10. NEGLIGENT INFLICTION OF
EMOTIONAL DISTRESS.
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INTRODUCTION
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handful of people in the world who has undergone an experimental and wildly
expensive clinical trial treatment for the debilitating and excruciatingly painful
neurological diseases, but at the same time have shamed Mr. Weinberg and retaliated
against him when he sought assistance, accommodations, and basic human dignity.
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employment and then, to add insult injury, Defendants attorneys and representatives
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disclaimed any liability for Mr. Weinbergs injuries and mocked him.
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2.
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permanent cure. Multiple Sclerosis causes the bodys own immune system to slowly
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destroy the protective coverings of nerves, particularly in the brain and spinal cord.
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The diminished motor skills, memory loss, and loss of vision, among other symptoms,
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are exacerbated by outside triggers such as stress and mental trauma. It is a painful
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and maddening disease, for both the victim and his or her family.
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unlawful conduct that risked the exposure of personally-identifiable financial data and
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the corruption of records in violation of the Sarbanes-Oxley Act of 2002, but tried to
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alert his employer. Defendants failed to take any remedial action and instead initiated
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Weinberg. Defendants knew that their conduct would exacerbate the symptoms of
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Mr. Weinberg would not be coerced. He endured this patent and obvious
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attempt to bully him. Eventually, however, Mr. Weinberg was forced to request
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Mr. Weinberg into a faux human resources meeting, on the pretext of discussing his
PARTIES
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California. Upon information and belief, Valeant maintains offices in the county of
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company with its United States headquarters located in Bridgewater, New Jersey.
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Medical Products, Inc., and Bausch & Lomb Incorporated are subsidiaries of Valeant,
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and each Defendant is controlled and/or dominated by the others such that all
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was a Delaware corporation with its principal place of business in Irvine, California.
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Obagi is a
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California. Upon information and belief, B&L maintains offices throughout the state
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named herein as Does 1 through 50, inclusive, and therefore sues said Defendants by
such fictitious names. Plaintiff will seek leave of court to amend this Complaint to
allege the true names and capacities of said Defendants when the same are
ascertained. Plaintiff is informed and believes and thereon alleges that each of the
happenings and occurrences hereinafter alleged, and that Plaintiffs damages and
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GERAGOS & GERAGOS, APC
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This Court has jurisdiction over this action pursuant to 28 U.S.C. 1332
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interest and costs and because at least one Defendant has its principal place of
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business in California, a state other than the state in which the named Plaintiff resides.
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This Court has supplemental jurisdiction over the remaining common law
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substantial part of the events giving rise to Plaintiffs claims occurred in the Central
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District of California.
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FACTUAL ALLEGATIONS
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infrastructure. The position would require Mr. Weinberg to perform services for
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advanced skillset and concluded its six-month nationwide search by offering Mr.
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Weinberg the Senior Converged Infrastructure Engineer position. Valeant offered Mr.
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Weinberg a base salary of $110,000, undisclosed stock grants, a 10% bonus, and
medical benefits.
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concerned about the stable environment and working conditions because he suffers
had created an environment where Mr. Weinberg could manage his condition and
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Mr. Weinberg accepted Valeants offer because, in part: (1) Valeant was
a stable company that could provide him and his family extraordinary health benefits;
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and (2) Mr. Weinberg believed that a company that manufactured and sold
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neurological medications would care and have compassion for a Multiple Sclerosis
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worked directly under the supervision of IT engineering directors Jacob Alao and
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Steve Schiavone. At the outset, Mr. Weinberg was enthusiastic and excited about his
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position and looked forward to going to work each day. Mr. Weinberg was assigned
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subsidiaries.
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During this time, Mr. Weinberg and his wife learned that they were
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corporate culture and the unlawful orders given by Mr. Weinbergs managers caused
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Medicis, Mr. Alao visited Scottsdale, Arizona to meet with Mr. Weinberg. During
this visit, Mr. Alao told Mr. Weinberg that he had his own Nigerian financial
company called Mongran Financial (Mongran), and that Valeant and Mr. Alaos
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Knowing that Mr. Weinberg had access to Valeants Oracle RAC system
used for the financial databases as well as the SAP system, Mr. Alao asked Mr.
systems. Mr. Weinberg refused to help Mr. Alao, recognizing that providing access to
private financial systems was a violation of the Sarbanes-Oxley Act and PCI security
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After Mr. Weinberg refused to comply with Mr. Alaos demands, Mr.
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Alao proceeded to hire numerous consultants, all of whom were from Nigeria. Mr.
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Weinberg interacted with several of these consultants and recognized that, although
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they knew very little about IT systems, they nevertheless wanted to gain access to
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position in the IT division, he and his consultants gained access to these systems.
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Mr. Alaos other hostile conduct was alarming as well. One of Mr.
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Obagi. Mr. Alao instructed and insisted Mr. Weinberg perform data migration in
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manners that fell below industry standards and, in Mr. Weinbergs extensive
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experience, would cause the data to become corrupt. When Mr. Weinberg voiced
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these concerns to Mr. Alao, he insisted and demanded Mr. Weinberg proceed anyway,
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going so far as to remotely log-in to Mr. Weinbergs active computer session, take
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control of his mouse, and make changes to the system to ensure corruption and data
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loss. Mr. Alao corrupted the data to the point where it became unusable.
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Mr. Alao became hostile towards Mr. Weinberg after Mr. Weinberg
refused to help Mr. Alao with his Nigerian enterprise and the Obagi matter. For
example, Mr. Alao would intimidate and tell Mr. Weinberg the bloody things that
he would do such as fire people for the fun of the bloodsport, how Valeant would
conduct hostile takeovers of companies and ruin the lives of the preexisting staff by
giving them termination dates, and how he found it funny that the girlfriend of Jonah
Shacknai, the founder of Medicis, committed suicide by hanging naked from Mr.
Shacknais balcony. Mr. Alaos retaliatory campaign increased in severity over time.
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GERAGOS & GERAGOS, APC
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retaliatory conduct caused the debilitating effects of Multiple Sclerosis to take their
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toll on Mr. Weinberg. For example, Mr. Weinberg began to experience difficulty with
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his cognitive abilities, numbness in his appendages, and mobility problems, all of
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which signaled that he was suffering brain and spinal column damage. Mr. Weinberg
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explore these issues so that Mr. Weinberg could continue to work for Valeant.
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2013. Mr. Weinberg, his family, and his Multiple Sclerosis neurologists feared that
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the stressful and hostile environment at Valeant was going to cause brain damage,
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diminish his quality of life, and ultimately permanently disable him. Mr. Weinbergs
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only option was to continue working in order to support his family and pay for his
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treatments, and therefore he was forced to forego using a more effective medication in
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favor of a less effective medication that would allow him to continue working.
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Multiple Sclerosis
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that his job was safe. Mr. Alao told Mr. Weinberg that he would be given a relocation
package so that Mr. Weinberg could move back to New Jersey and continue his
employment with Valeant. However, Mr. Weinberg learned from former Medicis
employees that they were not awarded relocation packages despite promises
otherwise.
realize that his job was not safe. His health continued to decline, and in August, 2013,
Mr. Weinberg again contacted Ms. Brunger in order to discuss accommodations. Mr.
Weinberg again informed Ms. Brunger of his failing health and the hostile and
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his health and the work environment in August, 2013. Instead of discussing these
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issues at this meeting, Ms. Brunger handed Mr. Weinberg separation papers. She also
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stated that the Senior Vice President of IT approved Mr. Weinberg taking unpaid time
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off. However, Mr. Weinberg could not afford to take time off as he was obligated to
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care for his family as well as pay for his costly treatments. Thereafter, Valeant
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terminated Mr. Weinbergs employment. Mr. Weinberg was forced to seek new
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employment quickly as he and his family were expecting their second child.
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COBRA insurance that cost him over $1,600 per month, putting the Weinberg family
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diminished his cognitive ability even further. Mr. Weinberg was forced to sell his
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house, car, and stocks, as well as cash out his 401k in order to live.
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Weinbergs brain, crippling his ability to function, despite his young age, as well as
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his ability to find another job. Sadly, the long-lasting mental and physical pain
inflicted upon Mr. Weinbergs as a result of the stressful environment at Valeant was
so great that he contemplated suicide. Thankfully, he decided against taking his own
life.
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The Weinberg family then moved to Utah with Mr. Weinbergs in-laws
so that Mr. Weinberg could focus on healing. In the spring of 2014, Mr. Weinberg
was prescribed Rituxan from the Barrow Neurological Institute. When Mr. Weinberg
Weinberg could not afford, and therefore could not receive, this life-saving treatment.
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Mr. Weinberg instead was prescribed Tysabri, which has a high and potentially fatal
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erratic behavior and shortly thereafter was diagnosed with Autism. The next month,
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Mr. Weinbergs second child was born. Due to the financial situation caused by
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Valeants wrongful termination, Mr. Weinberg could not afford the Autism treatments
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for his oldest son. As a result, Mr. Weinbergs oldest son is now non-verbal and will
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likely never lead a normal life. But for Valeants wrongful termination, Mr. Weinberg
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would have been able to afford early intervention medical treatments for his son.
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every allegation contained above and incorporates the same herein by this reference as
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participate in violations and fraudulent activities that Defendants and several of their
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personnel action as set forth above, which invariably affected the outcome of
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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411
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Plaintiff.
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Defendants cannot and will not be able to prove by clear and convincing
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evidence that such unfavorable employment actions as set forth above would have
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been taken in the absence of Plaintiffs protected behavior and/or conduct in reporting
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representatives unlawful conduct and behavior as described herein by: (1) allowing
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Plaintiff to bring the conduct to Defendants attention; (2) condoning the pervasive
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fraudulent activities; and (3) condoning the retaliatory measures taken against Plaintiff
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by failing to intervene and halt the behavior and actions of Defendants employees.
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acts of Defendants and their respective agents, servants, employees, and authorized
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representatives as aforesaid, Plaintiff has suffered past and future special damages,
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including impairment of reputation and personal humiliation, and past and future
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general damages in an amount according to proof at trial. Plaintiff has been damaged
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emotionally and financially, including but not limited to emotional suffering from
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emotional distress and ridicule, as well as loss of income and earnings potential.
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Plaintiff has also been damaged physically as a result of the retaliatory actions of
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agents, servants, employees, and authorized representatives acted with malice, fraud,
and oppression and/or in conscious disregard of Plaintiffs health, rights, and well-
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every allegation contained above and incorporates the same herein by this reference as
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2002.
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supervisor, Jacob Alao, demanded and ordered that Plaintiff provide access to private
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financial systems to himself and his personal company, Mongran, in violation of the
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personnel action as set forth above, which invariably affected the outcome of
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Plaintiff.
Defendants cannot and will not be able to prove by clear and convincing
evidence that such unfavorable employment actions as set forth above would have
been taken in the absence of Plaintiffs protected behavior and/or conduct in reporting
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representatives unlawful conduct and behavior as described herein by: (1) allowing
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Plaintiff to bring the conduct to Defendants attention; (2) condoning the pervasive
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fraudulent activities; and (3) condoning the retaliatory measures taken against Plaintiff
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by failing to intervene and halt the behavior and actions of Defendants employees.
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acts of Defendants and their respective agents, servants, employees, and authorized
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representatives as aforesaid, Plaintiff has suffered past and future special damages,
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including impairment of reputation and personal humiliation, and past and future
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general damages in an amount according to proof at trial. Plaintiff has been damaged
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emotionally and financially, including but not limited to emotional suffering from
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emotional distress and ridicule, as well as loss of income and earnings potential.
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Plaintiff has also been damaged physically as a result of the retaliatory actions of
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agents, servants, employees, and authorized representatives acted with malice, fraud,
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and oppression and/or in conscious disregard of Plaintiffs health, rights, and well-
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CODE 12940(a)
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every allegation contained above and incorporates the same herein by this reference as
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described working conditions to exist. Plaintiff, who suffers from Multiple Sclerosis,
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section 12940(a).
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of Plaintiff.
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underlying public policy being those articulated in the California Fair Employment
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discriminatory conduct with the intent to cause economic and emotional distress to
conduct and created a hostile work environment for Plaintiff by denying him
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representatives unlawful conduct and behavior as described herein by: (1) allowing
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Plaintiff to bring the conduct to Defendants attention; (2) condoning the pervasive
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fraudulent activities; and (3) condoning the retaliatory measures taken against Plaintiff
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by failing to intervene and halt the behavior and actions of Defendants employees.
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acts of Defendants and their respective agents, servants, employees, and authorized
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representatives as aforesaid, Plaintiff has suffered past and future special damages,
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including impairment of reputation and personal humiliation, and past and future
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general damages in an amount according to proof at trial. Plaintiff has been damaged
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emotionally and financially, including but not limited to emotional suffering from
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emotional distress and ridicule, as well as loss of income and earnings potential.
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Plaintiff has also been damaged physically as a result of the retaliatory actions of
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agents, servants, employees, and authorized representatives acted with malice, fraud,
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and oppression and/or in conscious disregard of Plaintiffs health, rights, and well-
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WRONGFUL TERMINATION
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every allegation contained above and incorporates the same herein by this reference as
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Defendants were aware, or should have been aware, of the likelihood that
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outrageous conduct. The outrageous and shocking conduct of Defendants and their
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employees was done intentionally and for the purpose of inflicting extreme and severe
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intolerable working conditions and failed to take appropriate remedial steps to protect
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and retaliatory conduct, and other offensive conduct as described herein during the
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representatives unlawful conduct and behavior as described herein by: (1) allowing
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Plaintiff to bring the conduct to Defendants attention; (2) condoning the pervasive
fraudulent activities; and (3) condoning the retaliatory measures taken against Plaintiff
by failing to intervene and halt the behavior and actions of Defendants employees.
76.
acts of Defendants and their respective agents, servants, employees, and authorized
representatives as aforesaid, Plaintiff has suffered past and future special damages,
including impairment of reputation and personal humiliation, and past and future
general damages in an amount according to proof at trial. Plaintiff has been damaged
emotionally and financially, including but not limited to emotional suffering from
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emotional distress and ridicule, as well as loss of income and earnings potential.
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Plaintiff has also been damaged physically as a result of the retaliatory actions of
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agents, servants, employees, and authorized representatives acted with malice, fraud,
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and oppression and/or in conscious disregard of Plaintiffs health, rights, and well-
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every allegation contained above and incorporates the same herein by this reference as
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egregious that it effectively compels the employee to resign. The employer must
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intolerable at the time of the employee's resignation, that a reasonable person in the
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offensive conduct described herein during his employment with Defendants. Plaintiff
was subjected to discriminatory conduct that was so severe, widespread, and persistent
that any reasonable employee would have considered his work environment to be
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representatives unlawful conduct and behavior as described herein by: (1) allowing
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Plaintiff to bring the conduct to Defendants attention; (2) condoning the pervasive
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fraudulent activities; and (3) condoning the retaliatory measures taken against Plaintiff
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by failing to intervene and halt the behavior and actions of Defendants employees.
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acts of Defendants and their respective agents, servants, employees, and authorized
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representatives as aforesaid, Plaintiff has suffered past and future special damages,
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including impairment of reputation and personal humiliation, and past and future
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general damages in an amount according to proof at trial. Plaintiff has been damaged
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emotionally and financially, including but not limited to emotional suffering from
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emotional distress and ridicule, as well as loss of income and earnings potential.
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Plaintiff has also been damaged physically as a result of the retaliatory actions of
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agents, servants, employees, and authorized representatives acted with malice, fraud,
and oppression and/or in conscious disregard of Plaintiffs health, rights, and well-
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GERAGOS & GERAGOS, APC
84.
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every allegation contained above and incorporates the same herein by this reference as
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prohibited by the Fair Employment and Housing Act, despite Plaintiffs complaints to
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Plaintiff is informed and believes and thereon alleges that the working
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constitute a prima facie case of harassment under state and federal laws.
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management-level employees.
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of the hostile work environment described and alleged herein, and condoned, ratified,
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representatives unlawful conduct and behavior as described herein by: (1) allowing
Plaintiff to bring the conduct to Defendants attention; (2) condoning the pervasive
fraudulent activities; and (3) condoning the retaliatory measures taken against Plaintiff
by failing to intervene and halt the behavior and actions of Defendants employees.
91.
acts of Defendants and their respective agents, servants, employees, and authorized
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representatives as aforesaid, Plaintiff has suffered past and future special damages,
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including impairment of reputation and personal humiliation, and past and future
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general damages in an amount according to proof at trial. Plaintiff has been damaged
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emotionally and financially, including but not limited to emotional suffering from
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emotional distress and ridicule, as well as loss of income and earnings potential.
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Plaintiff has also been damaged physically as a result of the retaliatory actions of
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agents, servants, employees, and authorized representatives acted with malice, fraud,
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and oppression and/or in conscious disregard of Plaintiffs health, rights, and well-
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every allegation contained above and incorporates the same herein by this reference as
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retaliation against Plaintiff for opposing any practices forbidden or made unlawful
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Plaintiff is informed and believes and thereon alleges that Defendants had
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HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411
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Plaintiff is informed and believes and thereon alleges that after Plaintiff
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deadlines. Plaintiff suffered emotional distress, further physical injuries, and was
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of the retaliatory conduct described and alleged herein, and condoned, ratified and
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and physical injuries. As a further proximate result of such conduct, Plaintiff has
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suffered loss of income, loss of career opportunity and loss of tangible job benefits, all
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representatives unlawful conduct and behavior as described herein by: (1) allowing
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Plaintiff to bring the conduct to Defendants attention; (2) condoning the pervasive
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fraudulent activities; and (3) condoning the retaliatory measures taken against Plaintiff
by failing to intervene and halt the behavior and actions of Defendants employees.
100. As a direct and proximate cause of the tortious, unlawful, and wrongful
acts of Defendants and their respective agents, servants, employees, and authorized
representatives as aforesaid, Plaintiff has suffered past and future special damages,
including impairment of reputation and personal humiliation, and past and future
general damages in an amount according to proof at trial. Plaintiff has been damaged
emotionally and financially, including but not limited to emotional suffering from
emotional distress and ridicule, as well as loss of income and earnings potential.
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Plaintiff has also been damaged physically as a result of the retaliatory actions of
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agents, servants, employees, and authorized representatives acted with malice, fraud,
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and oppression and/or in conscious disregard of Plaintiffs health, rights, and well-
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102. Plaintiff realleges and incorporates as if fully stated herein each and
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every allegation contained above and incorporates the same herein by this reference as
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against Plaintiff from occurring, and to take immediate and appropriate corrective
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engaging in the course of conduct set forth above, among other things.
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104. Specifically, Defendants failed and have failed to the present time to take
any disciplinary action against Jacob Alao, among other individuals, who are
responsible for creating the discriminatory and harassing conduct directed at Plaintiff.
Additionally, upon information and belief, Defendants have failed to discipline their
human
resources
department
for
terminating
Plaintiff
after
he
requested
105. At all relevant times, Defendants had actual and constructive knowledge
of the retaliatory conduct described and alleged herein, and condoned, ratified, and
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and physical injuries. As a further proximate result of such conduct, Plaintiff has
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suffered loss of income, loss of career opportunity and loss of tangible job benefits, all
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representatives unlawful conduct and behavior as described herein by: (1) allowing
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Plaintiff to bring the conduct to Defendants attention; (2) condoning the pervasive
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fraudulent activities; and (3) condoning the retaliatory measures taken against Plaintiff
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by failing to intervene and halt the behavior and actions of Defendants employees.
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107. As a direct and proximate cause of the tortious, unlawful, and wrongful
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acts of Defendants and their respective agents, servants, employees, and authorized
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representatives as aforesaid, Plaintiff has suffered past and future special damages,
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including impairment of reputation and personal humiliation, and past and future
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general damages in an amount according to proof at trial. Plaintiff has been damaged
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emotionally and financially, including but not limited to emotional suffering from
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emotional distress and ridicule, as well as loss of income and earnings potential.
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Plaintiff has also been damaged physically as a result of the retaliatory actions of
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agents, servants, employees, and authorized representatives acted with malice, fraud,
and oppression and/or in conscious disregard of Plaintiffs health, rights, and well-
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109. Plaintiff realleges and incorporates as if fully stated herein each and
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every allegation contained above and incorporates the same herein by this reference as
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and Defendant acted with a reckless disregard to the probability that Plaintiff would
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113. As a result of the conduct alleged above, Plaintiff suffered and continues
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representatives unlawful conduct and behavior as described herein by: (1) allowing
Plaintiff to bring the conduct to Defendants attention; (2) condoning the pervasive
fraudulent activities; and (3) condoning the retaliatory measures taken against Plaintiff
by failing to intervene and halt the behavior and actions of Defendants employees.
116. As a direct and proximate cause of the tortious, unlawful, and wrongful
acts of Defendants and their respective agents, servants, employees, and authorized
representatives as aforesaid, Plaintiff has suffered past and future special damages,
including impairment of reputation and personal humiliation, and past and future
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general damages in an amount according to proof at trial. Plaintiff has been damaged
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emotionally and financially, including but not limited to emotional suffering from
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emotional distress and ridicule, as well as loss of income and earnings potential.
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Plaintiff has also been damaged physically as a result of the retaliatory actions of
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agents, servants, employees, and authorized representatives acted with malice, fraud,
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and oppression and/or in conscious disregard of Plaintiffs health, rights, and well-
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118. Plaintiff realleges and incorporates as if fully stated herein each and
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every allegation contained above and incorporates the same herein by this reference as
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119. Defendant owed a duty to use reasonable care in its conduct with regard
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to the health, safety, and rights of Plaintiff. It was foreseeable and probable that
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120. Defendants were negligent by breaching the duty of care they owed to
aware of such conduct by their agents, employees, and representatives and allowed it
to continue.
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122. As a result of the conduct alleged above, Plaintiff suffered and continues
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representatives unlawful conduct and behavior as described herein by: (1) allowing
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Plaintiff to bring the conduct to Defendants attention; (2) condoning the pervasive
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fraudulent activities; and (3) condoning the retaliatory measures taken against Plaintiff
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by failing to intervene and halt the behavior and actions of Defendants employees.
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125. As a direct and proximate cause of the tortious, unlawful, and wrongful
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acts of Defendants and their respective agents, servants, employees, and authorized
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representatives as aforesaid, Plaintiff has suffered past and future special damages,
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including impairment of reputation and personal humiliation, and past and future
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general damages in an amount according to proof at trial. Plaintiff has been damaged
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emotionally and financially, including but not limited to emotional suffering from
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emotional distress and ridicule, as well as loss of income and earnings potential.
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Plaintiff has also been damaged physically as a result of the retaliatory actions of
agents, servants, employees, and authorized representatives acted with malice, fraud,
and oppression and/or in conscious disregard of Plaintiffs health, rights, and well-
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10
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Pharmaceutical Corporation, Obagi Medical Products, Inc. and Bausch & Lomb
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Incorporated as follows:
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1.
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2.
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3.
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4.
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3.
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4.
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9
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