2 3 4 5 6 7 8 9 10 11 12 13 ILIJA CVET1CH, SBN 133534 LAW OFFICES OF ILIJA CVETICH 3465 American River Dr, Suite B Sacramento CA 95864 (916)488-1930 Fax:(916)488-1939 Attorney for Plaintiff, MICHELLE BRUNELLI FILED nor Court Of daiifornia, 04/14/2009 By Case Number: Deputy 34-2009-00040957 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN THE COUNTY OF SACRAMENTO MICHELLE BRUNELLI, Plaintiff, ) Case No.: ) ) ) ) ) ) \ \ < ) ) v. COUNTRYWIDE FINANCIAL a wholly owned subsidiary of BANK OF AMERICA CORPORATION, JANE KOPECKY, LEW WEHNER, and DOES 1 to 100, inclusive, Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR DAMAGES BASED ON RETALIATION AND HARASSMENT ON THE BASIS OF SEX, GENDER, MEDICAL CONDITION AND "WHISTLE-BLOWING;" SEXUAL HARASSMENT; BREACH OF CONTRACT Department Assignments Case Management 39 Law and Motion 54 Minors Compromise 22 Plaintiff, MICHELLE BRUNELLI, complains and alleges as follows: 1. This is a complaint based upon Defendants': retaliation and harassment against Plaintiff on the basis of her sex and gender, medical condition, and "whistle-blowing;" sexual harassment; breach of contract, and other tortious acts, brought by Plaintiff. 2. Plaintiff seeks recovery of damages arising from Defendants' acts against her during her employment, including, but not limited to, violation of the Fair Employment and Housing Act, tort and punitive damages, contract damages, and statutory attorneys' fees and costs. COMPLAINT FOR DAMAGES - 1 1 2 3 4 5 6 7 PARTIES AND JURISDICTION 3. Plaintiff, MICHELLE BRUNELLI, is and at all relevant times hereto, a resident of Sacramento, County of Sacramento, and State of California. 4. Plaintiff was an employee of Defendant, COUNTRYWIDE FINANCIAL ("COUNTRYWIDE"), at the branches in Roseville, Placer County, and State of California; and in Marconi, Marin County, and State of California. 5. COUNTRYWIDE is an employer in California and is bound to comply with the 8 Government Code. Its last known principal place of business was in Calabasas, County of Los 9 Angeles, and State of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Defendant, BANK OF AMERICA CORPORATION, has merged with COUNTRYWIDE since Plaintiffs employment. COUNTRYWIDE is now a wholly owned subsidiary of BANK OF AMERICA CORPORATION. 7. BANK OF AMERICA CORPORATION is an employer in California and is bound to comply with the Government Code. Its principal place of business is in Charlotte in the State of North Carolina. 8. Defendants, JANE KOPECKY ("KOPECKY"), and LEW WEHNER ("WEFtNER"), are individuals and were at the time of the complaints alleged herein, employees of Defendant, COUNTRYWIDE. 9. On or about April 14, 2008, the State of California, Department of Fair Employment and Housing, issued Right to Sue Letters (Exhibit 1). 10. The true names and capacities of Defendants named herein as Does 1 to 100, inclusive, whether individual, corporate, associate, or otherwise, are unknown to Plaintiff who therefore sues those Defendants by fictitious names pursuant to California Code of Civil Procedure Section 474. Plaintiff is informed and believes that Doe Defendants are California residents. Plaintiff will amend this complaint to show such true names and capacities when they have been determined. 11. Plaintiff is informed and believes, and thereby alleges, that at all times relevant, each of the defendants was the agent, employee, or representative of each of the other defendants COMPLAINT FOR DAMAGES - 2 and acted within the scope of that authority, with the permission and consent of the co2 3 4 5 6 defendants, and each of them, at their discretion and control, with the ratification of and agreement with the acts of each defendant by the others. FACTS 12. 13. Plaintiff is female. In about February 2001, Plaintiff was hired by COUNTRYWIDE at its location in 7 8 9 10 11 12 13 14 15 Marconi as a Loan Processor. 14. Over Plaintiffs career with COUNTRYWIDE, she had an exemplarily record. Plaintiff continually received positive comments and evaluations about her work performance. 15. 16. In about October 2003, Plaintiff was promoted to be a Team Manager. In about August 2004, Plaintiff was promoted to Branch Operations Manager at COUNTRYWIDE'S location in Roseville. 17. Plaintiff directly worked under KOPECKY, a Branch Manager, in the Roseville branch of COUNTRYWIDE and under WEHNER, a regional manager, who was KOPECKY'S 16' supervisor. 17 18 19 20 21 22 23 24 25 26 27 28 18. While Plaintiff was working for KOPECKY and WEHNER, she came across incidents of fraud, including, but not limited to, changing the loan applicant's salary, so the applicant would qualify for a loan and signing the applicant's name to loan documents. 19. In March 2003, Plaintiff called the ethics hotline of COUNTRY WIDE'S Human Resources department and lodged a "confidential" complaint about the fraud she had discovered. 20. Immediately thereafter, COUNTRYWIDE contacted WEHNER who called Plaintiff and proceeded to chastise and yell at her for not first going to him. WEHNER then said that he would investigate the fraud and not say anything to KOPECKY. 21. Immediately thereafter, WEHNER told KOPECKY who called Plaintiff into her office and was upset with her. KOPECKY said that Plaintiff should not have brought it up as "not everyone's hands are clean in this office. Are you ready for that?" COMPLAINT FOR DAMAGES - 3 1 2 3 4 5 22. Despite being reprimanded, Plaintiff continued to report incidents of fraud to KOPECKY and WEHNER who would accuse her concerns as "emotional outbursts," they would say that she was "on a witch hunt," and they would not take her seriously. 23. Throughout the time when Plaintiff worked for KOPECKY and WEHNER, she was subjected to various forms of harassment, including, but not limited to: verbal comments, witnessing sexual comments made about female employees; being subject to sexual jokes, actions, and/or attire. 24. In about April 2007, a new branch was opening in Folsom, and the Branch 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Manager offered her a position as a Team Manager, which she accepted. However, WEHNER would not allow Plaintiff to transfer. 25. In about September 2007, Plaintiff was forced to take a leave of absence as she was suffering from stress due to the harassing and hostile work environment. 26. On about September 4, 2007, Plaintiffs counsel directed a demand letter to legal counsel for COUNTRYWIDE. In this document, Plaintiff set forth with specificity, numerous facts evidencing the hostile work environment she had to endure. 27. Thereafter, Defendants by and through their legal counsel conducted an "Investigation" into Plaintiffs complaints. 28. Plaintiff is informed and believes that this Investigation was not conducted fairly or impartially. Plaintiff is further informed and believes that through this so-called Investigation Defendants, and each of them, acted negligently and/or intentionally to further injure Plaintiff. FIRST CAUSE OF ACTION (Harassment Based on Sex, Gender, and Medical Condition) 29. Plaintiff hereby incorporates Paragraphs 1 to 28, inclusive, of this Complaint as fully set forth herein. This cause of action is pled against each and every Defendant. 30. Defendants were and at all times relevant hereto, barred from harassing against Plaintiff on the basis of sex, gender, and medical condition, and owed Plaintiff a duty not to harass her, as set forth in California Government Code Section 12940 et al. COMPLAINT FOR DAMAGES - 4 1 j 2 3 4 5 6 7 8 9 10 31. As previously staled, Defendants, and every one, harassed Plaintiff by performing the following actions or inactions, including, but not limited to: subjecting Plaintiff to verbal harassment, humiliation, jokes, actions, comments, and intimidation, which Plaintiff was either the direct recipient of or forced to witness second-hand, some or all of which was in its nature derogatory, specifically concerning sex and gender; denying Plaintiff a transfer to another branch; and not conducting a fair and impartial investigation of Plaintiff s complaints. 32. Plaintiff has reason to believe that the above-mentioned harassing actions were taken on the basis of her being a member or perceived member of a protected class(es), namely: sex, gender, and medical condition. 33. As previously stated, Plaintiffs sex and gender is female. Plaintiffs medical 11 12 13 14 15 16 17 condition was anxiety. 34. Defendants knew or should have known about the harassing work environment due to the repeated complaints made to the individual Defendants and to Defendants' human resources department. 35. As a direct and proximate result of this harassment on the basis of sex, gender, and medical condition, Plaintiff suffered and continues to suffer losses in earnings and other employment benefits and incurred costs in seeking medical and psychological treatment. 36. As a direct and proximate result of this harassment on the basis of sex, gender, 18 19 20 21 22 23 24 25 26 27 28 and medical treatment, Plaintiff suffered and continues to suffer grave emotional injury, including depression, anxiety, stress, humiliation, and embarrassment. 37. Defendants' actions as pled herein were wanton, willful, and intentional, with malicious and reckless disregard for the rights and Government Code Section 12940, prohibiting harassment in the sensibilities of Plaintiff. Plaintiff is thus entitled to recover punitive damages from Defendants in an amount according to proof. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. COMPLAINT FOR DAMAGES - 5 1 2 38. SECOND CAUSE OF ACTION (Sexual Harassment) Plaintiff hereby incorporates Paragraphs 1 to 37, inclusive, of this Complaint as 4 fully set forth herein. This cause of action is pled against each and every Defendant. 5 39. Defendants were and at all times relevant hereto, barred from sexually harassing 6 Plaintiff, and owed Plaintiff a duty not to sexually harass her, as set forth in California 7 Government Code Section 12940 et al. 8 40. As previously stated, Defendants, and every one, sexually harassed Plaintiff by 9 performing the following actions or inactions, including, but not limited to: making sexual 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 comments to Plaintiff, making sexual comments about Plaintiff, subjecting Plaintiff to sexual comments about female co-workers, and making sexual jokes/actions. 41. Defendants knew or should have known about the harassing work environment due to the repeated complaints made to the individual Defendants and to Defendants' human resources department. 42. In further violation of the duty not to sexually harass, Defendants failed to diligently investigate or remedy Plaintiffs harassment complaints. 43. As a direct and proximate result of this sexual harassment, Plaintiff suffered and continues to suffer losses in earnings and other employment benefits and incurred costs in seeking medical and psychological treatment. 44. As a direct and proximate result of this sexual harassment, Plaintiff suffered and continues to suffer grave emotional injury, including depression, anxiety, stress, humiliation, and embarrassment. 45. Defendants' actions as pled herein were wanton, willful, and intentional, with malicious and reckless disregard for the rights and Government Code Section 12940, prohibiting sexual harassment in the sensibilities of Plaintiff. Plaintiff is thus entitled to recover punitive damages from Defendants in an amount according to proof. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. COMPLAINT FOR DAMAGES - 6 THIRD CAUSE OF ACTION 2 3 (Retaliation Based on Plaintiff Refusing to Participate in Illegal Activity, "Whistle-Blowing") 46. Plaintiff hereby incorporates Paragraphs 1 to 45, inclusive, of this Complaint as 4 fully set forth herein. This cause of action is pled against each and every Defendant. 5 6 7 8 9 10 11 12 13 47. Plaintiff was and at all times relevant herein an employee within the meaning of California Labor Code Section 1106 as Plaintiff is an individual employed by a private corporation. Plaintiff does not need to be employed by a public organization in order to be an employee under said section. 48. Defendant, COUNTRYWIDE FINANCIAL a wholly owned subsidiary of BANK OF AMERICA CORPORATION, was and at all relevant times hereto an employer within the meaning of California Labor Code Section 1106, and KOPECKY and WEHNER worked for Defendant in a supervisory capacity. 49. Thus, Defendants were, and at all times relevant hereto, barred from retaliating 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 against Plaintiff within the meaning of California Labor Code Section 1102.5(c) and (d). 50. Plaintiff expressed her objections to perform Defendants' requested actions. Defendants knew that the actions requested of Plaintiff meant committing fraud. 51. Defendants retaliated against Plaintiff by: relating confidential or secretive communications to Defendants who the communications were supposed to be kept from, constructively not allowing Plaintiff to have any relief from the stressful work environment, communicating false information about Plaintiff, and terminating/constructively terminating Plaintiffs employment. 52. Plaintiff has reason to believe that the above-mentioned retaliatory actions were performed on the basis of Plaintiff expressing her objections to perform fraudulent actions. 53. Defendants knew or should have known about the retaliatory actions due to Plaintiffs repeated complaints to Defendants. 54. In violation of the duty not to retaliate, Defendants failed to diligently investigate or remedy Plaintiffs retaliation complaints. COMPLAINT FOR DAMAGES - 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 55. As a direct and proximate result of this retaliation, Plaintiff suffered and continues to suffer losses in earnings and other employment benefits and incurred costs in seeking medical and psychological treatment. 56. As a direct and proximate result of this retaliation, Plaintiff suffered and continues to suffer grave emotional injury, including depression, anxiety, stress, humiliation, and embarrassment. 57. Defendants' actions as pled herein were wanton, willful, and intentional, with malicious and reckless disregard for his rights and Labor Code Section 1102.5, prohibiting retaliation in the sensibilities of Plaintiff. Plaintiff is thus entitled to recover civil penalties from Defendants in an amount according to proof. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. FOURTH CAUSE OF ACTION (Breach of Implied-in-Fact Contract) 58. Plaintiff hereby incorporates and realleges, Paragraphs 1 to 57, inclusive, of the Complaint as if fully set forth herein. This cause of action is pled against each and every Defendant. 59. In about 2001, Plaintiff and Defendants entered into an implied-in-fact contract, established by conduct, oral communications, and written or unwritten policies and practices of Defendants. 60. During the entire course of Plaintiffs employment with Defendants, there existed an implied-in-fact employment contract between Plaintiff and Defendants, which included, but was not limited to, the following terms and conditions: a. Plaintiff would be able to continue her employment with Defendants indefinitely so long as she carried out her duties in a proper and competent manner; b. Plaintiff would not be demoted, denied promotion, discharged, or otherwise disciplined, nor would Plaintiff s job functions be reassigned for other than good cause, without notice and opportunity to improve; COMPLAINT FOR DAMAGES - 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. d. condition; e. Defendants would provide a harassment free work environment; Plaintiff would not be harassed on the basis of her sex, gender, or medical Defendants would not evaluate or criticize Plaintiffs performance in an arbitrary, untrue, or capricious manner; and f. Defendants would provide Plaintiff with support, so that she could properly carry out her job responsibilities. 61. This employment agreement was evidenced by various written documents: Defendants' written and oral personnel policies and procedures, oral representations to Plaintiff by Defendants' agents and employees, Defendants' repeated oral and written representations to Plaintiff that she was doing a satisfactory or better job, and the parties' entire course of conduct. 62. Plaintiff competently performed all of her duties and responsibilities under this employment contract. Plaintiff at all times was ready, willing, and able to perform all of her duties and responsibilities under the employment contract. 63. Defendants breached the employment agreement by: a. b. c. Subjecting Plaintiff to arbitrary, unfair, and dishonest criticism; Forcing Plaintiff to work in a hostile and harassing environment; Reprimanding Plaintiff without warning, without just cause, and for discriminatory reasons; and d. Failing to effectively investigate or stop the harassment based on sex and gender against Plaintiff as promised and instead retaliated against her by increasing the harassment, denying her transfers, and not investigating her complaints in a fair and impartial manner. 64. As a direct and proximate result of Defendants' breach of Plaintiff s employment contract, Plaintiff suffered losses in earnings and employment benefits. Plaintiff incurred costs in seeking medical and psychological treatments in an amount according to proof. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. COMPLAINT FOR DAMAGES - 9 1 2 3 65. FIFTH CAUSE OF ACTION (Breach of the Covenant of Good Faith and Fair Dealing) Plaintiff hereby incorporates and realleges Paragraphs 1 through 64, inclusive, of 4 this Complaint as if fully set forth herein. This cause of action is pled against each and every 5 6 Defendant. 66. The aforementioned employment contract contained an implied covenant of good 7 faith and fair dealing by which Defendants promised to give full cooperation to Plaintiff and to 8 refrain from doing any act that would prevent or impede Plaintiffs enjoyment of the contract's 9 benefits. Specifically, the covenant of good faith and fair dealing required Defendants to fairly, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 69. SIXTH CAUSE OF ACTION (Intentional Infliction of Emotional Distress) Plaintiff hereby incoiporates and realleges Paragraphs 1 through 68, inclusive, of honestly, and reasonably perform the agreement's terms and conditions. The covenant required Defendants to provide a work environment that is not hostile and is free of harassment and retaliation, among other things. 67. Defendants breached the covenant of good faith and fair dealing by failing to remedy Plaintiffs complaints; retaliating against her; and not conducting a fair and impartial investigation into Plaintiffs complaints thereafter. 68. As a direct and proximate result of Defendants' breach of the implied covenant of good faith and fair dealing, Plaintiff suffered losses in earnings and other employment benefits, and incurred costs in seeking medical and psychological treatment. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. this Complaint as if fully set forth herein. This cause of action is pled against each and every Defendant. 70. Defendants intentionally denied Plaintiff a safe and harassment-free work environment, and retaliated against Plaintiff after they learned of her complaints of fraud. COMPLAINT FOR DAMAGES - 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 71. As a direct and proximate result of Defendants' intentional infliction of emotional distress, Plaintiff suffered substantial losses in earnings and other employment benefits, and incurred costs by receiving medical and psychological treatment. 72. Defendants' infliction of emotional distress on Plaintiff was wanton, willful, and intentional, with malicious and reckless disregard for the rights and sensibilities of Plaintiff. Plaintiff is thus entitled to recover punitive damages from Defendants in an amount according to proof. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. SEVENTH CAUSE OF ACTION (Fraud and Deceit) 73. Plaintiff hereby incorporates and realleges Paragraphs 1 through 72, inclusive, of this Complaint as if fully set forth herein. This cause of action is pled against each and every Defendant. 74. Defendants fraudulently presented to Plaintiff that the workplace would remain free of hostility and harassment based on Plaintiffs sex, gender, and medical condition, and that she would not be retaliated against for making complaints about the harassment she endured and suffered and about the fraud she discovered. 75. The representations were false and Defendants knew them to be false, when at the time, Defendants recklessly stated them without knowing whether or not they were true. Defendants knew the representations were false as Defendants intended to retaliate against Plaintiff for making complaints of a hostile and discriminatory work environment. Further, Defendants knew or should have known about the hostile and discriminatory work environment, but took no action to correct it. 76. Defendants made the representations for the purpose of inducing Plaintiff to rely on the representations and to act or refrain from acting in reliance thereon. 77. Plaintiff was unaware of the representations' falsity and Defendants' intention not to be bound by those representations. Plaintiff justifiably believed and relied upon them to COMPLAINT FOR DAMAGES - 11 1 2 3 4 her detriment. Plaintiffs reliance was justified in that she had no reason not to believe that Defendants would take appropriate action upon receipt of her complaints of harassment on the basis of her sex, gender, and medical condition. 78. As a direct and proximate result of Defendants' fraud and deceit, Plaintiff 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 suffered substantial losses in earnings and other employment benefits, and incurred costs in seeking medical and psychological treatment. 79. As a further direct and proximate result of Defendants' fraud and deceit, Plaintiff suffered and continues to suffer severe emotional distress including depression, grief, shame, anxiety, stress, humiliation, and embarrassment. 80. Defendants' fraud and deceit was wanton, willful, and intentional, with malicious and reckless disregard for the rights and sensibilities of Plaintiff. Plaintiff is thus entitled to recover punitive damages from Defendants in an amount according to proof. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. EIGHTH CAUSE OF ACTION (Negligent Misrepresentation) 81. Plaintiff hereby incorporates and realleges Paragraphs 1 through 80, inclusive, of this Complaint as if fully set forth herein. This cause of action is pled against each and every Defendant. 82. Defendants negligently represented to Plaintiff that Plaintiff would not suffer any retaliation for complaining about the fraud she discovered. 83. Defendants, and each of them, when they made these representations of fact to Plaintiff, had no reasonable grounds for believing the representations were true. 84. Defendants, and each of them, made their representations with the intent to induce Plaintiff to take the actions herein alleged. Defendants' representations were made with the intent for Plaintiff to rely upon them. 85. Plaintiff was unaware of the representations' falsity when they were made. Plaintiff justifiably believed and relied upon them to her detriment. COMPLAINT FOR DAMAGES - 12 86. As a direct and proximate result of Defendants' negligent misrepresentation, 2 Plaintiff suffered substantial losses in earnings and other employment benefits and incurred costs in seeking medical and psychological treatment. 87. As a further direct and proximate result of Defendants' negligent 3 4 5 misrepresentation, Plaintiff suffered and continues to suffer severe emotional distress, including 6 depression, grief, shame, anxiety, stress, humiliation, and embarrassment. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .. 27 28 TICH, Atto^ffey for Plaintiff Dated this 13th day of April, 2009. Respectfully Submitted, 88. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendants, and each of WHEREFORE, Plaintiff prays for judgment as hereinafter set forth. them, jointly and severally, for: 89. Declaratory relief stating that Defendants have violated the California Fair Employment and Housing Act; 90. All actual, consequential, compensatory, and incidental losses resulting from Defendants' wrongful conduct; 91. 92. 93. Punitive damages according to proof; Costs of the suit incurred herein; Reasonable attorneys' fees, pursuant to California Government Code Section 12965 and any other provision of law; and 94. Such other and further relief as the Court may deem proper. COMPLAINT FOR DAMAGES - 13 EMPLOYMENT COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT *** DFEH# E200708E5107-00 DFEH USE ONLY CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING YOUR NAME (indicate Mr or Ms) BRUNELLI, MICHELLE ADDRESS TELEPHONE NUMBER (INCLUDE AREA CODE) (916)338-5373 4751 STORROW WAY CITY/STATE/ZIP COUNTY COUNTY CODE SACRAMENTO, CA 95842 DISCRIMINATED AGAINST ME NAME SACRAMENTO 067 NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO TELEPHONE NUMBER (Include Area Code) COUNTRYWIDE FINANCIAL ADDRESS (916)774-8119 DFEH USE ONLY 2901 DOUGLAS BLVD, SUITE 150 CITY/STATE/ZIP COUNTY COUNTY CODE ROSEVILLE, CA 95661 NO OF EMPLOYEES/MEMBERS (if known) DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (monlh.day, and year) 10/18/2007 PLACER RESPONDENT CODE 061 30 THE PARTICULARS ARE 00 I allege that on 10/18/2007 , the following conduct occurred: X termination laid off demotion X harassment genetic characteristics testing constructive discharge (forced to quit) impermissible non-job-related inquiry X X denial of employment denial of promotion _X_ denial of transfer denial of accommodation failure to prevent discrimination or retaliation retaliation other (specify) Hostile Work Environment, Sexual Harassment denial of family or medical leave denial of pregnancy leave dcnical of equal pay denial of right to wear pants denial of pregnancy accommodation by COUNTRYWIDE FINANCIAL Name of Person Job Title (supervisor/manager/personnel director/etc) _ national origin/ancestry _ mantal status . sexual onenlation association X disbility (physical or mental) medical condition (cancer or generic chractcnstic other (specify) _ retaliation for engaging in protected activity or requesting a protected leave or accommodation because of: X sex age religion race/color State of what you believe to be the reason(s) for discrimination NO REASON GIVEN I wish to pursue this matter in court I hereby request that the Department of Fair Employment and Housing provide a nght-to-sue I understand thai if I want a federal notice of nght-to-sue, I must visit the U S Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier. I have not been coerced into making this request, nor do I make it based on fear of retaliation if I do not do so I understand it is the Department of Fair Employment and Housing's policy to not process or reopen a comptaint once the complaint has been closed on the basis of "Complainant Elected Court Action" By submitting this complaint I am declaring under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own knowledge except as to matters stated on my information and belief, and as to those matters I believe it to be true Dated 04/14/2008 At Sacramento DATE FILED DFEH-300-030 (02/08) DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING 04/14/2008 STATE OF CALIFORNIA SI A n: OF CALIFORNIA - STATE AND CONSUMER SERVICES, AGENCY ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF FAIR EMPLOYMENT & HOUSING 2000 "0" STREET, SUITE 120, SACRAMENTO, CA, 95814 (916)4455523 www dfeh ca gov April 14,2008 BRUNELLI, MICHELLE 4751 STORROW WAY SACRAMENTO, CA 95842 RE: E200708E5107-00 BRUNELLI/COUNTRYWIDE FINANCIAL Dear BRUNELLI, MICHELLE: NOTICE OF CASE CLOSURE This letter informs that the above-referenced complaint that was filed with the Department of Fair Employment and Housing (DFEH) has been closed effective April 14, 2008 because an immediate right-to-sue notice was requested. DFEH will take no further action on the complaint. This letter is also the Right-To-Sue Notice. According to Government Code section 12965, subdivision (b), a civil action may be brought under the provisions of the Fair Employment and Housing Act against the person, employer, labor organization or employment agency named in the above-referenced complaint. The civil action must be filed within one year, from the date of this letter. If a federal notice of Right-To-Sue is wanted, the U.S. Equal Employment Opportunity Commission (EEOC) must be visited to file a complaint within 30 days of receipt of this DFEH Notice of Case Closure or within 300 days of the alleged discriminatory act, whichever is earlier. Notice of Case Closure Page Two DFEH does not retain case files beyond three years after a complaint is filed, unless the case is still open at the end of the three-year period. Sincerely, Judith A. Miller District Administrator cc: Case File DANIELLE WEIR VICE PRESIDENT, LEGAL COUNSEL COUNTRYWIDE, LEGAL DIVISION 5220 LAS VIRGENES ROAD, MS AC-11 CALABASAS CA 91302-1064 DFEH-200-43 (06/06) *** COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT EMPLOYMENT *** DFEH# E200708E5107-01 DFEH USE ONLY CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING YOUR NAME (indicate Mr. or Ms) BRUNELLI, MICHELLE ADDRESS TELEPHONE NUMBER (INCLUDE AREA CODE) (916)338-5373 4751 STORROW WAY CITY/STATE/ZIP COUNTY COUNTY CODE SACRAMENTO,CA,95842 SACRAMENTO 067 NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME NAME TELEPHONE NUMBER (Include Area Code) KOPECKY, JANE ADDRESS (818)871-4000 DFEH USE ONLY 5220 LAS VIRGENES ROAD MS AC-11 CITY/STATE/ZIP COUNTY COUNTY CODE CALABASAS,CA,91302-1064 NO OF EMPLOYEES/MEMBERS (if known) DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (momh.day, and year) 10/18/2007 RESPONDENT CODE I I I I denial of family or medical leave x ri 30 THE PARTICULARS ARE. 01 I allege that on 10/18/2007 , the following conduct occurred: X termination laid off X demotion X harassment genetic characteristics testing . constructive discharge (forced to quit) denial of employment denial of promotion denial of transfer denial of accommodation ^ denial of pregnancy leave dcnieal of equal pay denial of right to wear pants failure to prevent discrimination or retaliation denial of pregnancy accommodation X retaliation X other {specify) Hostile Work Environment, Sexual Harassment BRANCH MANAGER by KOPECKY, JANE Name of Person Job Title (supervisor/manager/personnel director/etc ) national origin/ancestry mantal status sexual orientation association disbility (physical or mental) X medical condition (cancer or generic chractcnstic other (specify) retaliation for engaging in protected activity or requesting a protected leave or accommodation because of : X sex age religion race/color State of what you believe to be the reason(s) for discrimination NO REASON GIVEN I wish to pursue this matter in court I hereby request that the Department of Fair Employment and Housing provide a right-to-sue I understand that if I want a federal notice of right-to-sue, I must visit the U S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of the DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act. whichever is earlier I have not been coerced into making this request, nor do I make it based on fear of retaliation if I do not do so I understand it is the Department of Fair Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basts of "Complainant Elected Court Action" By submitting this complaint I am declaring under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own knowledge except as to matters stated on my information and belief, and as to those matters I believe it to be true Dated 04/14/2008 At Sacramento DATE FILED DFEH-300-030 (02/08) DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING 04/14/2008 STATE OF CALIFORNIA SI A ] E OP CALIFORNIA - STATE AND CONSUMER SERVICES AGENCY ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF FAIR EMPLOYMENT & HOUSING 2000 "O" STREET, SUITE 120, SACRAMENTO, CA, 95814 (916)4455523 www dfeh ca gov April 14, 2008 BRUNELLI, MICHELLE 4751 STORROW WAY SACRAMENTO,CA,95842 RE: E200708E5107-01 BRUNELLI/KOPECKY. JANE. AS AN INDIVIDUAL Dear BRUNELLI, MICHELLE: NOTICE OF CASE CLOSURE This letter informs that the above-referenced complaint that was filed with the Department of Fair Employment and Housing (DFEH) has been closed effective April 14, 2008 because an immediate right-to-sue notice was requested. DFEH will take no further action on the complaint. This letter is also the Right-To-Sue Notice. According to Government Code section 12965, subdivision (b), a civil action may be brought under the provisions of the Fair Employment and Housing Act against the person, employer, labor organization or employment agency named in the above-referenced complaint The civil action must be filed within one year from the date of this letter. If a federal notice of Right-To-Sue is wanted, the U.S. Equal Employment Opportunity Commission (EEOC) must be visited to file a complaint within 30 days of receipt of this DFEH Notice of Case Closure or within 300 days of the alleged discriminatory act, whichever is earlier. Notice of Case Closure Page Two DFEH does not retain case files beyond three years after a complaint is filed, unless the case is still open at the end of the three-year period. Sincerely, Judith A. Miller District Administrator cc: Case File DANIELLE WEIR VICE PRESIDENT, LEGAL COUNSEL COUNTRYWIDE, LEGAL DIVISION 5220 LAS CALABASAS ROAD MS AC-11 CALABASAS CA 91302-1064 DFEH-200-43 (06/06) *** COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT EMPLOYMENT *** DFEH# E200708E5107-02 DFEH USE ONLY CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING YOUR NAME (indicate Mr or Ms) BRUNELLI, MICHELLE ADDRESS TELEPHONE NUMBER (INCLUDE AREA CODE) (916)338-5373 4751 STORROW WAY CITY/STATE/ZIP COUNTY COUNTY CODE SACRAMENTO,CA,95842 SACRAMENTO 067 NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME NAME TELEPHONE NUMBER (Include Area Code) WEHNER, LEW (818)871-4000 DFEH USE ONLY ADDRESS 5220 LAS VIRGENES ROAD MS AC-11 CITY/STATE/ZIP COUNTY DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month.day, and year) RESPONDENT CODE COUNTY CODE I I | I CALABASAS,CA,91302-1064 NO OF EMPLOYEES/MEMBERS (if known) 30 10/18/2007 termination X laid off demotion _X_ harassment genetic characteristics testing constructive discharge (forced to quit) impermissible non-job-relaled inquiry X X 02 denial of employment dental of promotion X denial of transfer denial of accommodation failure to prevent discrimination or retaliation retaliation other (specify) THE PARTICULARS ARE I allege that on 10/18/2007 , the following conduct occurred. denial of family or medical leave denial of pregnancy leave denieal of equal pay , denial of right to wear pants denial of pregnancy accommodation Hostile Work Environment, Sexual Harassment by WEHNER, LEW Name ol Person REGION 720 DIRECTOR Job Title (supervisor/manager/personnel director/etc ) national origin/ancestry mama! status sexual orientation association X disbility (physical or mental) medical condition (cancer or generic chractenstic other (specify) retaliation for engaging in protected activity or requesting a protected leave because of : X sex age religion race/color "' accommodation State of what you believe to be the reason(s) for discrimination NO REASON GIVEN I wish to pursue this matter in court I hereby request that the Department of Fair Employment and Housing provide a right-to-sue I understand thai if I want a federal notice of nght-to-sue, I must visit the U S Equal Employment Opportunity Commission (EEOC) to Hie a complaint within 30 days of receipt of the DFEH "Notice of Case Closure," or within 300 days of the alleged discriminatory act, whichever is earlier I have not been coerced into making this request, nor do I make it based on fear of retaliation if I do not do so I understand it is the Department of Fair Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of "Complainant Elected Court Action" By submitting this complaint I am declaring under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own knowledge except as to matters stated on my information and belief, and as to those matters I believe it to be true Dated 04/14/2008 At Sacramento DATE FILED DFEH-300-030 (02/08) DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING 04/14/2008 STATE OF CALIFORNIA STA1 E OF CALIFORNIA - STATE AND CONSUMER SERVICES AGENCY ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF FAIR EMPLOYMENT & HOUSING 2000 "O" STREET, SUITE 120, SACRAMENTO, CA, 95814 (916)4455523 www dfeh ca gov April 14, 2008 f BRUNELLI, MICHELLE 4751 STORROW WAY SACRAMENTO,CA,95842 RE: E200708E5107-02 BRUNELLI/WEHNER. LEW. AS AN INDIVIDUAL Dear BRUNELLI, MICHELLE: NOTICE OF CASE CLOSURE This letter informs that the above-referenced complaint that was filed with the Department of Fair Employment and Housing (DFEH) has been closed effective April 14, 2008 because an immediate right-to-sue notice was requested. DFEH will take no further action on the complaint. This letter is also the Right-To-Sue Notice. According to Government Code section 12965, subdivision (b), a civil action may be brought under the provisions of the Fair Employment and Housing Act against the person, employer, labor organization or employment agency named in the above-referenced complaint. The civil action must be filed within one year from the date of this letter. If a federal notice of Right-To-Sue is wanted, the U.S. Equal Employment Opportunity Commission (EEOC) must be visited to file a complaint within 30 days of receipt of this DFEH Notice of Case Closure or within 300 days of the alleged discriminatory act, whichever is earlier. Notice of Case Closure Page Two DFEH does not retain case files beyond three years after a complaint is filed, unless the case is still open at the end of the three-year period. Sincerely, Judith A. Miller District Administrator cc: Case File DANIELLE WEIR VICE PRESIDENT, LEGAL COUNSEL COUNTRYWIDE, LEGAL DIVISION 5220 LAS VIRGENES ROAD MS AC-11 CALABASAS CA 91302-1064 DFEH-200-43 (06/06)