Rachel Kremer v. Zillow, Inc.

Filing 1

COMPLAINT Receipt No: 0973-14845837 - Fee: $400, filed by Plaintiff Rachel Kremer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Attorney Mark John Geragos added to party Rachel Kremer(pty:pla))(Geragos, Mark)

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1 2 3 4 5 6 7 8 9 GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 GERAGOS & GERAGOS A PROFESSIONAL CORPORATION LAWYERS HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 Telephone (213) 625-3900 Facsimile (213) 625-1600 Geragos@Geragos.com MARK J. GERAGOS BEN J. MEISELAS GREG KIRAKOSIAN TYLER M. ROSS SBN 108325 SBN 277412 SBN 294580 SBN 292263 SAMINI SCHEINBERG, PC BOBBY SAMINI SBN 181796 MATTHEW M. HOESLY SBN 289593 949 S Coast Dr., Suite 420 Costa Mesa, CA 92626 Telephone: (949) 724-0900 11 12 Attorneys for Plaintiff RACHEL KREMER 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 16 RACHEL KREMER, an individual; 17 Plaintiff, 18 CASE NO.: 8:14-CV-01889 vs. 19 20 21 COMPLAINT FOR DAMAGES 1. SEXUAL HARASSMENT; 2. CIVIL HARASSMENT; 3. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 4. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; 5. NEGLIGENT RETENTION AND SUPERVISION; 6. RETALIATION; 7. WRONGFUL TERMINATION ZILLOW, INC., a Washington corporation; and DOES 1 through 50, inclusive, Defendants. 22 23 24 25 DEMAND FOR JURY TRIAL 26 27 28 -1- INTRODUCTION 1 2 1. Plaintiff Rachel Kremer began her employment enthusiastically with Ms. Kremer quickly learned that Zillow had a pervasive culture of degrading women. 5 Ms. Kremer’s male supervisors ranked her according to her breast size, sent pictures 6 of their penis to her, and demanded sexual gratification and obedience by Ms. Kremer 7 to continue her employment. 8 supervisor, but instead, was pervasive throughout Zillow’s leadership. 9 Zillow executives bragged that the office culture led to more sexual encounters than 10 GERAGOS & GERAGOS, APC Defendant Zillow, Inc. (“Zillow”) on June 25, 2012 as an Inside Sales Consultant. 4 HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 3 Match.com and referred to the internal office directory as “Zinder,” named after the 11 dating application Tinder. Sadly, for Ms. Kremer, by not participating in this culture, 12 she felt she would be outcast, and terminated. Eventually, after experiencing the most 13 heinous acts of sexual harassment imaginable, Ms. Kremer was terminated. Zillow 14 attempted to cover up their conduct by having Ms. Kremer sign a confidentiality 15 agreement and release. Ms. Kremer brings this action based on the sexual torture she 16 endured, and for the other women who have been silenced at Zillow, and remain 17 exposed to horrific and unthinkable acts. 20 21 Privately, PARTIES 18 19 Ms. Kremer’s experience was not limited to one 2. Plaintiff Rachel Kremer, at all relevant times, was an individual residing in Orange County, California. 3. Defendant Zillow, Inc. (NASDAQ: Z), at all relevant times, was a 22 Washington corporation registered to do business in the State of California. Zillow is 23 an online home and real estate marketplace for homebuyers, sellers, renters, real estate 24 agents, mortgage professionals, landlords, and property managers. Zillow claims its 25 database contains more than 110 million U.S. homes. Zillow also operates the largest 26 real estate and rental advertising networks in the country. 27 28 4. Plaintiff is unaware of the true names and capacities of the Defendants named herein as Does 1 through 50, inclusive, and therefore sues said Defendants by -2- 1 such fictitious names. Plaintiff will seek leave of Court to amend this Complaint to 2 allege the true names and capacities of said Defendants when the same are 3 ascertained. Plaintiff is informed and believes and thereon alleges that each of the 4 aforesaid fictitiously named Defendants is responsible in some manner for the 5 happenings and occurrences hereinafter alleged, and the Plaintiffs’ damages and 6 injuries as herein alleged were caused by the conduct of said Defendants. JURISDICTION AND VENUE 7 8 5. This Court has jurisdiction over this action pursuant to 28 U.S.C. ' 1332 GERAGOS & GERAGOS, APC because the amount in controversy as to Plaintiff exceeds $75,000.00 exclusive of 10 HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 9 interest and costs and because Defendant is incorporated and has its principal place of 11 business in a state other than the state in which the named Plaintiff resides. 12 13 14 6. This Court has supplemental jurisdiction over the remaining common law and state claims pursuant to 28 U.S.C. ' 1367. 7. Venue is proper in this Court pursuant to 28 U.S.C. ' 1391 because a 15 substantial part of the events giving rise to Plaintiff’s claims occurred in the Central 16 District of California. GENERAL ALLEGATIONS 17 18 8. Zillow management routinely and unapologetically subjected Ms. 19 Kremer to despicable and inappropriate sexual conduct throughout Ms. Kremer’s 20 employment. 21 9. Zillow management also directly targeted and propositioned Ms. Kremer 22 on numerous occasions. These managers later retaliated against Ms. Kremer because 23 she would not engage in sexual acts. 24 25 10. A few examples in the long list of unwelcome and disturbing sexual harassment include, but are not limited to, the following: 26 a. On or about August 6, 2014, Ms. Kremer received an email from a 27 Zillow manager with the subject line “Doc Johnson Mood Flirty 28 Vibrator.” The body of the email contained an advertisement for an adult -3- 1 sex toy. A true and correct copy of this email is attached hereto as 2 Exhibit “A.” 3 b. On or about December 27, 2012, Ms. Kremer sent a text message to Gabe 4 Schmidt, requesting assistance in having her e-mail password reset. Mr. 5 Schmidt responded: “Hy said he will reset your password for a boob 6 picture.” Mr. Schmidt included a screen shot from Zillow IT employee 7 Hy Lam. A true and correct copy of this text message is attached hereto 8 as Exhibit “B.” GERAGOS & GERAGOS, APC c. On or about February 9, 2013, Mr. Schmidt invited Ms. Kremer to join 10 HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 9 him later that evening. The message reads: “Call me. Matt is showering. 11 Thinking 333 dinner drink and your smooth vagina.” 3 Thirty 3 12 Waterfront is a popular restaurant in Newport Beach, California with an 13 active late-night bar scene. A true and correct copy of this text message 14 is attached hereto as Exhibit “C.” 15 d. On or about February 17, 2013, Ms. Kremer received a text message 16 from Mr. Schmidt which reads: “Wanna blow me and have sex tonight?” 17 A true and correct copy of this email is attached hereto as Exhibit “D.” 18 e. On or about May 5, 2014, Ms. Kremer complained to Mr. Schmidt about 19 the inappropriate conduct of a co-worker. Mr. Schmidt responded by 20 saying: “You should mention something to Eddie. He won’t get fired. I 21 would just tell Eddie to watch it. 22 Salesforce picture when you’re not there.” A true and correct copy of 23 this email is attached hereto as Exhibit “E.” I wonder if he jerks it to your 24 f. On or about December 29, 2012, Mr. Cody Fagnant (presumably using 25 Mr. Schmidt’s phone) sent a series of text messages wherein Mr. Fagnant 26 invited Ms. Kremer to join him that evening. One noteworthy excerpt 27 from Mr. Fagnant reads: “I have a great opportunity that just opened up 28 on my face in the 92660 market. Call me if you are interested. This is an -4- 1 exclusive position and won’t last long.” A true and correct copy of these 2 text messages is attached hereto as Exhibit “F.” 3 g. On or about June 11, 2014, Mr. Schmidt sent a picture of his genitalia to 4 Ms. Kremer with other lewd commentary. A true and correct copy of 5 this text message is attached hereto as Exhibit “G.” 11. 6 Disturbingly, these types of communications from Zillow management 7 were commonplace during Ms. Kremer’s employment. Indeed, the Zillow office 8 culture in Southern California has been described as an “adult frat house” where 9 sexual harassment and misconduct are normalized, condoned, and promoted by male GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 managers. 11 12. For example, Mr. Fagnant would corner Ms. Kremer when he was 12 belligerently drunk to tell her, “I want to fuck the shit out of you.” Mr. Fagnant made 13 this statement once on July 26, 2013, and again on September 28, 2013. 13. 14 In addition, male managers frequently engaged in sexual relations with 15 female sales representatives. Plaintiff is informed and believes, and based thereon 16 alleges, that Mr. Fagnant was having sexual relations with a sales representative in 17 Seattle. 14. 18 Mr. Schmidt, who was Ms. Kremer’s supervisor, referred to a new 19 employee as “Rachel 2.0,” since, as he explained, she was like “Rachel but with 20 bigger breasts and less miles on her.” 15. 21 During her employment with Zillow, Ms. Kremer successfully performed 22 her duties and consistently met sales goals and other criteria established by Zillow. 23 Ms. Kremer was recognized several times for excelling in the performance of her 24 duties. 16. 25 The hostile work environment and repeated instances of sexual 26 harassment by Zillow management adversely impacted Ms. Kremer’s work 27 performance, and in July and August 2014, she was unable to meet her stated sales 28 goals. -5- 1 17. On Friday, August 29, 2014, Ms. Kremer was informed by Edward 2 Cornelious, John Boller and Justin Lejouie that her employment with Zillow was 3 being terminated due to her failure to meet her sales goals for the two preceding 4 months. Ms. Kremer was never provided any warning or given an opportunity to 5 explain the decline in her work performance, which was completely inconsistent with 6 Zillow’s own practices. In fact, another Zillow employee from Ms. Kremer’s hire 7 class was not terminated even though the employee’s job performance was nearly 8 identical to Ms. Kremer’s. GERAGOS & GERAGOS, APC FIRST CAUSE OF ACTION 10 HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 9 SEXUAL HARASSMENT 11 California Civil Code § 51.9 12 (By Plaintiff Kremer Against All Defendants) 13 18. Plaintiff realleges and incorporates as if fully stated herein each and 14 every allegation contained above and incorporates the same herein by this reference as 15 though set forth in full. 16 17 18 19 20 21 22 23 24 25 26 27 19. California Civil Code section 51.9 states: (a) A person is liable in a cause of action for sexual harassment under this section when the plaintiff proves all of the following elements: (1) There is a business, service, or professional relationship between the plaintiff and defendant. Such a relationship may exist between a plaintiff and a person . . . (2) The defendant has made sexual advances, solicitations, sexual requests, demands for sexual compliance by the plaintiff, or engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe. (3) There is an inability by the plaintiff to easily terminate the relationship. (4) The plaintiff has suffered or will suffer economic loss or disadvantage or personal injury, including, but not limited to, emotional distress or the violation of a statutory or constitutional right, as a result of the conduct described in paragraph (2). 28 -6- 1 20. Defendant Zillow was in a business, service, or professional relationship 2 with Plaintiff where there was an inability by Plaintiff to easily terminate the 3 relationship due to her contractual obligations to Defendant Zillow. 4 21. As described above, Defendant Zillow’s agents, employees, and 5 representatives made sexual advances, solicitations, sexual requests, demands for 6 sexual compliance by Plaintiff, and engaged in other verbal, visual, and physical 7 conduct of a sexual and hostile nature based on gender that were unwelcome by 8 Plaintiff and pervasive or severe. 9 22. Defendant Zillow’s representatives engaged in sexual assault with the GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 intent to cause harmful and offensive contact to Plaintiff’s body. As described above, 11 Defendant Zillow’s representatives engaged in inappropriate conduct and created a 12 hostile work environment for Plaintiff by sending her inappropriate emails, text 13 messages, pictures, by physically intimidating her with the intent to engage in sexual 14 relations, and by creating a sexually hostile work environment. 15 23. Defendant Zillow ratified its agents, servants, employees, and authorized 16 representatives’ unlawful conduct and behavior as described herein by: (1) allowing 17 an “adult frat house” culture to exist in its Orange County office; (2) continuing to pay 18 its agents, servants, employees, and authorized representatives despite knowledge of 19 the unlawful conduct described herein; and (3) failing to report the unlawful conduct 20 of any of its agents, servants, employees, and/or authorized representatives at any 21 point to any authorities within or outside of Zillow. 22 24. As a direct and proximate cause of the tortious, unlawful, and wrongful 23 acts of Defendant Zillow and its respective agents, servants, employees, and 24 authorized representatives as aforesaid, Plaintiff has suffered past and future special 25 damages and past and future general damages in an amount according to proof at trial. 26 Plaintiff has been damaged emotionally and financially, including but not limited to 27 emotional suffering from emotional distress and ridicule, as well as loss of income, 28 employment, and career benefits. -7- 1 25. In engaging in the conduct as hereinabove alleged, Defendant Zillow and 2 its agents, servants, employees, and authorized representatives acted with malice, 3 fraud, and oppression and/or in conscious disregard of Plaintiff’s health, rights, and 4 well-being, and intended to subject Plaintiff to unjust hardship, thereby warranting an 5 assessment of punitive damages in an amount sufficient to punish Defendants and 6 deter others from engaging in similar conduct. 7 8 26. Plaintiff is entitled to an award of attorneys’ fees against Defendants pursuant to California Civil Code section 52. GERAGOS & GERAGOS, APC SECOND CAUSE OF ACTION 10 HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 9 CIVIL HARASSMENT 11 California Code of Civil Procedure §527.6 12 (By Plaintiff Kremer Against All Defendants) 13 27. Plaintiff realleges and incorporates as if fully stated herein each and 14 every allegation contained above and incorporates the same herein by this reference as 15 though set forth in full. 16 28. Defendants’ conduct, as described above, was “a knowing and willful 17 course of conduct directed at a specific person that seriously alarms, annoys, or 18 harasses the person, and that serves no legitimate purpose,” thus constituting civil 19 harassment under California Code of Civil Procedure section 527.6(b). 20 29. Defendants’ “course of conduct [was] such as would cause a reasonable 21 person to suffer substantial emotional distress, and [did] actually cause substantial 22 emotional distress to the plaintiff,” as required by California Code of Civil Procedure 23 section 527.6(b). 24 30. Defendant Zillow ratified its agents, servants, employees, and authorized 25 representatives’ unlawful conduct and behavior as described herein by: (1) allowing 26 an “adult frat house” culture to exist in its Orange County office; (2) continuing to pay 27 its agents, servants, employees, and authorized representatives despite knowledge of 28 the unlawful conduct described herein; and (3) failing to report the unlawful conduct -8- 1 of any of its agents, servants, employees, and/or authorized representatives at any 2 point to any authorities within or outside of Zillow. 3 31. Plaintiff suffered severe emotional distress. 4 32. Defendant Zillow, including its agents, servants, employees, and 5 authorized representatives, was a substantial factor in causing Plaintiff’s severe 6 emotional distress. 7 33. As a direct and proximate cause of the tortious, unlawful, and wrongful authorized representatives as aforesaid, Plaintiff has suffered past and future special 10 GERAGOS & GERAGOS, APC acts of Defendant Zillow and its respective agents, servants, employees, and 9 HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 8 damages and past and future general damages in an amount according to proof at trial. 11 Plaintiff has been damaged emotionally and financially, including but not limited to 12 emotional suffering from emotional distress and ridicule, as well as loss of income, 13 employment, and career benefits. 14 34. In engaging in the conduct as hereinabove alleged, Defendant Zillow and 15 its agents, servants, employees, and authorized representatives acted with malice, 16 fraud, and oppression and/or in conscious disregard of Plaintiff’s health, rights, and 17 well-being, and intended to subject Plaintiff to unjust hardship, thereby warranting an 18 assessment of punitive damages in an amount sufficient to punish Defendants and 19 deter others from engaging in similar conduct. 20 THIRD CAUSE OF ACTION 21 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 22 (By Plaintiff Kremer Against All Defendants) 23 35. Plaintiff realleges and incorporates as if fully stated herein each and 24 every allegation contained above and incorporates the same herein by this reference as 25 though set forth in full. 26 27 36. Defendants’ conduct, as described above, was extreme and outrageous and beyond the bounds of decency tolerated in a civilized society. 28 -9- 1 37. Defendants’ conduct was intended to cause Plaintiff emotional distress 2 and Defendants acted with a reckless disregard to the probability that Plaintiff would 3 suffer emotional distress. 4 38. Defendant Zillow ratified its agents, servants, employees, and authorized 5 representatives’ unlawful conduct and behavior as described herein by: (1) allowing 6 an “adult frat house” culture to exist in its Orange County office; (2) continuing to pay 7 its agents, servants, employees, and authorized representatives despite knowledge of 8 the unlawful conduct described herein; and (3) failing to report the unlawful conduct 9 of any of its agents, servants, employees, and/or authorized representatives at any GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 point to any authorities within or outside of Zillow. 11 39. Plaintiff suffered severe emotional distress. 12 40. Defendants were a substantial factor in causing Plaintiff’s severe 13 14 emotional distress. 41. As a direct and proximate cause of the tortious, unlawful, and wrongful 15 acts of Defendant Zillow and its respective agents, servants, employees, and 16 authorized representatives as aforesaid, Plaintiff has suffered past and future special 17 damages and past and future general damages in an amount according to proof at trial. 18 Plaintiff has been damaged emotionally and financially, including but not limited to 19 emotional suffering from emotional distress and ridicule, as well as loss of income, 20 employment, and career benefits. 21 42. In engaging in the conduct as hereinabove alleged, Defendant Zillow and 22 its agents, servants, employees, and authorized representatives acted with malice, 23 fraud, and oppression and/or in conscious disregard of Plaintiff’s health, rights, and 24 well-being, and intended to subject Plaintiff to unjust hardship, thereby warranting an 25 assessment of punitive damages in an amount sufficient to punish Defendants and 26 deter others from engaging in similar conduct. 27 28 - 10 - 1 FOURTH CAUSE OF ACTION 2 NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 3 (By Plaintiff Kremer Against All Defendants) 4 43. Plaintiff realleges and incorporates as if fully stated herein each and 5 every allegation contained above and incorporates the same herein by this reference as 6 though set forth in full. 7 44. Defendants owed a duty to use reasonable care in their conduct with 8 regard to the health, safety, and rights of Plaintiff. It was foreseeable and probable 9 that Plaintiff would suffer severe emotional distress from Defendants’ conduct. GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 45. Defendants were negligent by breaching the duty of care they owed to 11 Plaintiff when Defendant Zillow and its agents, employees, and representatives 12 repeatedly abused, harassed, and insulted Plaintiff, and Defendant Zillow was aware 13 of such conduct by its agents, employees, and representatives and allowed it to 14 continue. 15 46. Defendant Zillow ratified its agents, servants, employees, and authorized 16 representatives’ unlawful conduct and behavior as described herein by: (1) allowing 17 an “adult frat house” culture to exist in its Orange County office; (2) continuing to pay 18 its agents, servants, employees, and authorized representatives despite knowledge of 19 the unlawful conduct described herein; and (3) failing to report the unlawful conduct 20 of any of its agents, servants, employees, and/or authorized representatives at any 21 point to any authorities within or outside of Zillow. 22 47. Plaintiff suffered severe emotional distress. 23 48. Defendants were a substantial factor in causing Plaintiff’s severe 24 25 emotional distress. 49. As a direct and proximate cause of the tortious, unlawful, and wrongful 26 acts of Defendant Zillow and its respective agents, servants, employees, and 27 authorized representatives as aforesaid, Plaintiff has suffered past and future special 28 damages and past and future general damages in an amount according to proof at trial. - 11 - 1 Plaintiff has been damaged emotionally and financially, including but not limited to 2 emotional suffering from emotional distress and ridicule, as well as loss of income, 3 employment, and career benefits. 4 50. In engaging in the conduct as hereinabove alleged, Defendant Zillow and 5 its agents, servants, employees, and authorized representatives acted with malice, 6 fraud, and oppression and/or in conscious disregard of Plaintiff’s health, rights, and 7 well-being, and intended to subject Plaintiff to unjust hardship, thereby warranting an 8 assessment of punitive damages in an amount sufficient to punish Defendants and 9 deter others from engaging in similar conduct. GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 FIFTH CAUSE OF ACTION 11 NEGLIGENT RETENTION AND SUPERVISION 12 (By Plaintiff Kremer Against Defendant Zillow) 13 51. Plaintiff realleges and incorporates as if fully stated herein each and 14 every allegation contained above and incorporates the same herein by this reference as 15 though set forth in full. 16 52. Defendant Zillow has a duty to retain employees who are fit and 17 competent, to supervise their employees, and to implement measures to protect third 18 persons from the predictable and foreseeable risks posed by their employees. 19 53. Defendant Zillow knew, or in the exercise of reasonable diligence, should 20 have known, that Plaintiff’s superiors and colleagues were incompetent and unfit to 21 perform the duties for which they were employed, and that undue risks to persons 22 such as Plaintiff would result by way of their inappropriate conduct. The conduct of 23 Plaintiff’s supervisors occurred in their capacity as employees of Defendant Zillow, 24 and was done for the benefit of Defendant Zillow. 25 54. Defendant Zillow was negligent by breaching the duty of care by 26 retaining and failing to supervise Plaintiff’s supervisors and colleagues, who had 27 known propensities for unlawful behavior including abuse, harassment, and 28 misconduct towards females with whom they worked. The conduct towards Plaintiff - 12 - 1 was foreseeable based on the reputation that the Southern California Zillow office was 2 known as an “adult frat house” and based on Defendant Zillow’s male employees’ 3 treatment towards other female employees. Defendant Zillow had knowledge of such 4 conduct. Defendant Zillow breached its duty of care by failing to implement measures 5 to protect third persons from foreseeable risks, unreasonable risks of harm, and the 6 recurrence of employee behavior of which it had prior notice. Instead, Defendant 7 Zillow failed to terminate the above mentioned employees or take any disciplinary 8 action against them, but retained them and allowed them to continue victimizing 9 Plaintiff so that it may continue to reap the financial rewards of their conduct. GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 55. Defendant Zillow’s failure to train, supervise, and terminate the above 11 mentioned employees was the direct and proximate cause of Plaintiff’s injuries. 12 Plaintiff has suffered past and future special damages and past and future general 13 damages in an amount according to proof at trial. 14 physically, emotionally, and financially, including, but not limited to suffering from 15 pain, anxiety, depression, emotional distress, ridicule, as well as loss of health, 16 income, employment, and career benefits. Plaintiff has been damaged 17 SIXTH CAUSE OF ACTION 18 RETALIATION 19 (By Plaintiff Kremer Against Defendant Zillow) 20 56. Plaintiff realleges and incorporates as if fully stated herein each and 21 every allegation contained above and incorporates the same herein by this reference as 22 though set forth in full. 23 57. Plaintiff opposed the sexual harassment, discrimination, and other 24 offensive conduct as described herein by reporting the conduct, and demanding that it 25 be stopped. 26 58. Defendant Zillow failed to address Plaintiff’s complaint. 27 59. The acts and/or omissions of Defendant Zillow materially and adversely 28 affected the terms and conditions of Plaintiff’s employment. - 13 - 1 60. That Plaintiff opposed the sexual harassment, discrimination, and other 2 offensive conduct as described herein and reporting it was a motivating reason for her 3 termination in violation of Government Code Section 12940 (h) and for continued 4 harassment. 5 61. Defendant Zillow ratified its agents, servants, employees, and authorized an “adult frat house” culture to exist in its Orange County office; (2) continuing to pay 8 its agents, servants, employees, and authorized representatives despite knowledge of 9 the unlawful conduct described herein; and (3) failing to report the unlawful conduct 10 GERAGOS & GERAGOS, APC representatives’ unlawful conduct and behavior as described herein by: (1) allowing 7 HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 6 of any of its agents, servants, employees, and/or authorized representatives at any 11 point to any authorities within or outside of Zillow. 12 62. The acts and/or omissions of Defendant Zillow caused Plaintiff to suffer 13 harm and economic damages for loss of past and future earnings and employee 14 benefits, loss of earning capacity, loss of such employment related opportunities as the 15 opportunity for advancement and promotion within Defendant Zillow, in amounts 16 according to proof at trial. 17 63. In engaging in the conduct as hereinabove alleged, Defendant Zillow and 18 its agents, servants, employees, and authorized representatives acted with malice, 19 fraud, and oppression and/or in conscious disregard of Plaintiff’s health, rights, and 20 well-being, and intended to subject Plaintiff to unjust hardship, thereby warranting an 21 assessment of punitive damages in an amount sufficient to punish Defendant Zillow 22 and deter others from engaging in similar conduct. 23 SEVENTH CAUSE OF ACTION 24 WRONGFUL TERMINATION 25 (By Plaintiff Kremer Against Defendant Zillow) 26 64. Plaintiff realleges and incorporates as if fully stated herein each and 27 every allegation contained above and incorporates the same herein by this reference as 28 though set forth in full. - 14 - 1 65. Plaintiff was required to endure sexual harassment, discrimination, and 2 other offensive conduct described herein during her employment with Defendant 3 Zillow. Defendant Zillow terminated Plaintiff’s employment on or around 4 66. 5 August 29, 2014. 6 67. Plaintiff’s gender and opposition to the sexual harassment, 7 discrimination, and other offensive conduct described herein were motivating reasons 8 for her termination. 9 68. Defendant Zillow was aware, or should have been aware, of the GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 likelihood that Plaintiff would suffer severe emotional distress as a result of the 11 above-described outrageous conduct. 12 Defendant Zillow its employees was done intentionally and for the purpose of 13 inflicting extreme and severe emotional distress upon Plaintiff. 14 69. The outrageous and shocking conduct of Defendant Zillow knowingly created and intentionally permitted these 15 intolerable working conditions and failed to take appropriate remedial steps to protect 16 Plaintiff from discrimination, retaliation, and harassment. 17 70. Plaintiff was harmed and the requirement that she endure sexual 18 harassment, discrimination, and other offensive conduct as described herein during the 19 course of her employment was a substantial factor in causing Plaintiff’s harm. 20 71. Further, Plaintiff was harmed in that she was terminated without notice, 21 warning, or an opportunity to explain the decline in her work performance, all in 22 violation of and inconsistent with Defendant Zillow’s own internal procedures and 23 practices. 24 72. Plaintiff’s termination from her employment was rooted in violation of 25 public policy embodied in California’s Fair Employment and Housing Act (FEHA), 26 California Government Code §12940, et seq., California Constitution Art. I Section 8, 27 and case law. 28 - 15 - 1 73. As a direct and proximate result of Defendant Zillow’s extreme and 2 outrageous conduct, Plaintiff suffered and continues to suffer damages, including lost 3 earnings and benefits, stress, anxiety, humiliation, embarrassment, discomfort, mental 4 anguish, and severe emotional distress in addition to other consequential damages. 5 74. In engaging in the conduct as hereinabove alleged, Defendant Zillow and 6 its agents, servants, employees, and authorized representatives acted with malice, 7 fraud, and oppression and/or in conscious disregard of Plaintiff’s health, rights, and 8 well-being, and intended to subject Plaintiff to unjust hardship, thereby warranting an 9 assessment of punitive damages in an amount sufficient to punish Defendant Zillow GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 and deter others from engaging in similar conduct. 11 PRAYER FOR RELIEF 12 WHEREFORE, Plaintiff Rachel Kremer respectfully requests for judgment to 13 be entered upon Defendants Zillow, Inc., as follows: 14 1. For general and special damages for an amount to be determined at trial; 15 2. For pre- and post-judgment interest according to proof; 16 3. For Punitive Damages where applicable; 17 4. For Attorney Fees where applicable; 18 3. For costs of suit incurred herein; and 19 4. For all other relief as this court may deem proper. 20 21 DATED: December 1, 2014 GERAGOS & GERAGOS, APC SAMINI SCHEINBERG, PC 22 23 24 25 26 27 28 By:_ /s/ MARK J. GERAGOS MARK J. GERAGOS BEN J. MEISELAS GREG KIRAKOSIAN TYLER M. ROSS BOBBY SAMINI MATTHEW M. HOESLY Attorneys for Plaintiff RACHEL KREMER - 16 - DEMAND FOR JURY TRIAL 1 2 Plaintiff Rachel Kremer hereby demands a jury trial. 3 4 5 DATED: December 1, 2014 GERAGOS & GERAGOS, APC SAMINI SCHEINBERG, PC 6 7 8 9 GERAGOS & GERAGOS, APC HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 10 11 12 By:_ /s/ MARK J. GERAGOS ________ MARK J. GERAGOS BEN J. MEISELAS GREG KIRAKOSIAN TYLER M. ROSS BOBBY SAMINI MATTHEW M. HOESLY Attorneys for Plaintiff RACHEL KREMER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 17 -

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