California State Civil Rights Complaint (Unruh Act, FEHA, and Cal. Const. Art. I § 8)

CALIFORNIA CIVIL RIGHTS COMPLAINT — UNRUH ACT, FEHA, AND CAL. CONST. ART. I § 8

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion (FEHA Counts)
5. Common Factual Allegations
6. Count I — Unruh Civil Rights Act (Cal. Civ. Code § 51, § 52)
7. Count II — FEHA Discrimination (Cal. Gov. Code § 12940(a))
8. Count III — FEHA Harassment / Hostile Work Environment (Cal. Gov. Code § 12940(j))
9. Count IV — FEHA Retaliation (Cal. Gov. Code § 12940(h))
10. Count V — FEHA Failure to Prevent (Cal. Gov. Code § 12940(k))
11. Count VI — Wrongful Discharge in Violation of Public Policy (Cal. Const. Art. I § 8)
12. Count VII — Tom Bane Civil Rights Act (Cal. Civ. Code § 52.1)
13. Count VIII — Parallel Federal Claim — 42 U.S.C. § 1981
14. Count IX — Parallel Federal Claim — Title VII / Title II / ADA
15. Damages
16. Prayer for Relief
17. Demand for Trial by Jury
18. Reservation of Rights
19. Signature and Service Blocks
20. Verification
21. Initial Service Record
22. California Practice Notes
23. Sources and References

1. CAPTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________________________]

CASE NO. [________________________________]

[IF REQUIRED: ACTION SUBJECT TO THE SUPPLEMENTAL FEE IN GOVERNMENT CODE SECTION 70616.5.]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of the Unruh Civil Rights Act (Cal. Civ. Code §§ 51, 52);
2. Discrimination in Violation of FEHA (Cal. Gov. Code § 12940(a));
3. Harassment / Hostile Work Environment (Cal. Gov. Code § 12940(j));
4. Retaliation in Violation of FEHA (Cal. Gov. Code § 12940(h));
5. Failure to Prevent Discrimination and Harassment (Cal. Gov. Code § 12940(k));
6. Wrongful discharge in violation of public policy grounded in Cal. Const. Art. I § 8;
7. Violation of the Tom Bane Civil Rights Act (Cal. Civ. Code § 52.1);
8. Violation of 42 U.S.C. § 1981; and
9. Violation of [Title VII / Title II / ADA Title III].

DEMAND FOR JURY TRIAL

Amount Demanded Exceeds $35,000 (Unlimited Civil Jurisdiction)

Plaintiff alleges as follows:

2. INTRODUCTION

2.1. This is a civil rights action arising from Defendants' unlawful discrimination against Plaintiff on the basis of [PROTECTED CHARACTERISTIC — e.g., race, color, religion, sex, gender identity, sexual orientation, national origin, disability, medical condition, age, genetic information, ancestry, marital status].

2.2. Plaintiff brings claims under California's three principal civil rights statutes — the Unruh Civil Rights Act, the Fair Employment and Housing Act ("FEHA"), and the Tom Bane Civil Rights Act — together with parallel claims under the California Constitution and federal civil rights laws.

2.3. Plaintiff seeks: (a) statutory damages under Cal. Civ. Code § 52(a), subject to § 55.56 for any construction-related accessibility claim; (b) actual, compensatory, and punitive damages where authorized; (c) declaratory and injunctive relief; and (d) attorney fees and costs.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times has been, a resident of [CITY, COUNTY], California. Plaintiff is a member of one or more classes protected by the Unruh Civil Rights Act and the FEHA, including [PROTECTED CLASS(ES)].

3.2. Defendant Employer / Business. Defendant [DEFENDANT BUSINESS] ("Defendant" or "[SHORT NAME]") is, and at all relevant times has been, a [corporation / limited liability company / partnership / sole proprietorship] organized under the laws of [STATE], doing business in [COUNTY], California, and is a "business establishment" within the meaning of Cal. Civ. Code § 51(b) and an "employer" within the meaning of Cal. Gov. Code § 12926(d) (employing five (5) or more persons).

3.3. Individual Defendant. Defendant [INDIVIDUAL DEFENDANT NAME] ("Individual Defendant") is, and at all relevant times was, a [supervisor / manager / agent] of Defendant [BUSINESS] acting within the course and scope of that agency, and is sued individually for harassment under Cal. Gov. Code § 12940(j)(3) and for aiding and abetting under § 12940(i).

3.4. Doe Defendants. Plaintiff is unaware of the true names and capacities of Defendants sued as Does 1 through 50 and will amend this Complaint to allege their true names and capacities when ascertained per Cal. Code Civ. Proc. § 474.

3.5. Subject-matter jurisdiction. This is an unlimited civil action because the amount in controversy exceeds $35,000 and Plaintiff seeks relief available in an unlimited civil case.

3.6. Personal jurisdiction. Defendants are subject to the personal jurisdiction of this Court because they reside, do business, and committed the unlawful acts complained of within California.

3.7. Venue. Venue is proper in [COUNTY] County under Cal. Code Civ. Proc. § 395 and § 395.5 because the unlawful conduct occurred in this County and Defendants conduct business in this County.

4. ADMINISTRATIVE EXHAUSTION (FEHA COUNTS)

4.1. On or about [DATE], Plaintiff timely filed an administrative charge of discrimination with the California Civil Rights Department ("CRD," formerly the Department of Fair Employment and Housing), CRD Charge No. [________________________________], alleging the unlawful conduct described herein.

4.2. The CRD charge was filed within three (3) years of the last discriminatory act, as required by Cal. Gov. Code § 12960(e) (as amended by AB 9 (2019), effective January 1, 2020).

4.3. On or about [DATE], the CRD issued Plaintiff a right-to-sue notice. A true and correct copy of the right-to-sue notice is attached hereto as Exhibit A.

4.4. As to the FEHA employment counts, this Complaint is filed within one (1) year of the date of the right-to-sue notice, subject to applicable statutory tolling (Cal. Gov. Code § 12965(c)(1)(D)-(E)).

4.5. To the extent any conduct alleged herein also constitutes a violation of Title VII or the ADA, Plaintiff has cross-filed with, or invoked the work-share agreement between, CRD and the federal Equal Employment Opportunity Commission ("EEOC"), and has received (or will receive) a federal right-to-sue letter prior to litigating those parallel federal counts.

4.6. Plaintiff has thereby exhausted all administrative remedies as to the FEHA counts.

5. COMMON FACTUAL ALLEGATIONS

5.1. For employment counts, Plaintiff began employment with Defendant on [DATE] as [POSITION]. For Count I only, Plaintiff sought [SPECIFIC GOODS / SERVICES / ACCOMMODATIONS] from Defendant as a customer or prospective customer on [DATE]. Keep Count I only if the facts support that separate business-service relationship; an employment relationship alone does not supply it.

5.2. At all relevant times, Plaintiff was qualified for, and performed competently in, [the position / the protected activity], meeting Defendant's legitimate expectations.

5.3. Plaintiff is a member of the following protected class(es) under California law: [PROTECTED CLASS(ES) — e.g., race (Black/African American), national origin (Mexican), sex (female), disability (mobility impairment), religion (Muslim), sexual orientation (LGBTQ+), gender identity (transgender), age (40+)].

5.4. Beginning on or about [DATE], Plaintiff was subjected to the following adverse and discriminatory conduct:

• [SPECIFIC INCIDENT 1 — date, decision-maker, conduct, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

5.5. Plaintiff complained of the discriminatory conduct to [HR / SUPERVISOR / MANAGER] on [DATE(S)], but Defendant failed to take prompt and effective remedial action.

5.6. [Where applicable: Defendant denied Plaintiff full and equal accommodations, advantages, facilities, privileges, or services on the basis of [protected class].]

5.7. [Where applicable: Defendant terminated / demoted / refused to hire / denied promotion to / constructively discharged Plaintiff on [DATE].]

5.8. Similarly situated [employees / patrons] outside Plaintiff's protected class(es) were not subjected to the same adverse treatment.

5.9. Defendant's stated reasons for the adverse action are pretextual and the true motivation was discrimination based on Plaintiff's protected characteristic(s).

5.10. As a direct and proximate result, Plaintiff has suffered economic damages (lost wages, benefits, and earning capacity), non-economic damages (humiliation, emotional distress, anxiety, loss of dignity), and is entitled to statutory damages, punitive damages, and attorney fees as set forth below.

5.11. [FOR A CONSTRUCTION-RELATED ACCESSIBILITY CLAIM:] On [DATE(S) OF EACH OCCASION], Plaintiff encountered or was deterred by [PLAIN-LANGUAGE DESCRIPTION OF EACH SPECIFIC ACCESS BARRIER AND ITS LOCATION] at [BUSINESS ADDRESS]. On each occasion, the barrier denied or deterred Plaintiff's full and equal use or access in this way: [FACTS FOR EACH OCCASION].

5.12. [IF FILED BY OR ON BEHALF OF A HIGH-FREQUENCY LITIGANT AND NO PHYSICAL INJURY OR PROPERTY DAMAGE IS ALLEGED:] This complaint is filed [BY / ON BEHALF OF] a high-frequency litigant.

5.13. [IF THE PLAINTIFF IS THE HIGH-FREQUENCY LITIGANT AND NO PHYSICAL INJURY OR PROPERTY DAMAGE IS ALLEGED:] Plaintiff filed [NUMBER] construction-related accessibility complaints during the preceding 12 months. Plaintiff was in the geographic area of Defendant's business because [REASON] and wished to access it for [SPECIFIC COMMERCIAL, BUSINESS, PERSONAL, SOCIAL, LEISURE, RECREATIONAL, OR OTHER PURPOSE].

6. COUNT I — UNRUH CIVIL RIGHTS ACT (Cal. Civ. Code § 51, § 52)

6.1. Plaintiff incorporates Paragraphs 1 through 5.10 as though fully set forth.

6.2. Defendant operates a business establishment offering [SPECIFIC GOODS / SERVICES / ACCOMMODATIONS]. Plaintiff sought access to those offerings as [CUSTOMER / PROSPECTIVE CUSTOMER] on [DATE]. These allegations concern the business-service relationship in paragraph 5.1, not Plaintiff's employment with Defendant. Keep this count only if those facts are true.

6.3. Cal. Civ. Code § 51(b) entitles all persons within California to "full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever," regardless of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.

6.4. Defendant denied Plaintiff full and equal accommodations, advantages, facilities, privileges, or services because of Plaintiff's [PROTECTED CHARACTERISTIC], and/or intentionally discriminated against Plaintiff on that basis.

6.5. Plaintiff seeks the damages authorized by Cal. Civ. Code § 52(a) for each proven offense. For a construction-related accessibility claim, § 55.56 permits minimum statutory damages only for a particular occasion when a violation denied Plaintiff full and equal access. Multiple barriers at one facility on the same occasion do not create separate minimum awards; distinct facilities offering distinct services may be treated separately. The statutory minimum may be reduced to $1,000 or $2,000, or unavailable, if Defendant proves the applicable § 55.56 conditions. Actual damages, any permitted treble award, and fees are requested according to proof.

6.6. Plaintiff identifies [NUMBER] distinct discriminatory offenses, or, for a construction-related accessibility claim, [NUMBER] particular occasions of denied access. The amount of statutory damages is [CALCULATE AFTER APPLYING § 55.56 OR STATE THAT IT WILL BE PROVEN], together with other relief authorized by law.

7. COUNT II — FEHA DISCRIMINATION (Cal. Gov. Code § 12940(a))

7.1. Plaintiff incorporates Paragraphs 1 through 5.10 as though fully set forth.

7.2. At all relevant times, Defendant employed five or more persons and is an "employer" within the meaning of Cal. Gov. Code § 12926(d).

7.3. Plaintiff was an "employee" or "applicant" within the meaning of FEHA and a member of one or more protected classes under Cal. Gov. Code § 12940(a).

7.4. Defendant subjected Plaintiff to adverse employment action, including [termination / failure to hire / failure to promote / demotion / pay disparity / denial of accommodation], because of Plaintiff's [PROTECTED CHARACTERISTIC].

7.5. Plaintiff's protected characteristic was a substantial motivating factor in Defendant's adverse action under Harris v. City of Santa Monica, 56 Cal. 4th 203 (2013).

7.6. As a direct and proximate result, Plaintiff has suffered and will continue to suffer economic and non-economic damages in amounts to be proven at trial.

7.7. Defendant's conduct was malicious, oppressive, and/or in conscious disregard of Plaintiff's rights, entitling Plaintiff to punitive damages under Cal. Civ. Code § 3294.

7.8. Plaintiff is entitled to reasonable attorney fees and costs pursuant to Cal. Gov. Code § 12965(c)(6).

8. COUNT III — FEHA HARASSMENT / HOSTILE WORK ENVIRONMENT (Cal. Gov. Code § 12940(j))

8.1. Plaintiff incorporates Paragraphs 1 through 5.10 as though fully set forth.

8.2. Plaintiff was subjected to unwelcome conduct based on [PROTECTED CHARACTERISTIC] by Individual Defendant and/or other agents of Defendant, including [SPECIFIC HARASSING CONDUCT].

8.3. The harassment was sufficiently severe or pervasive to alter the conditions of Plaintiff's employment and create an abusive working environment, evaluated under both an objective and subjective standard. See Rehmani v. Superior Court, 204 Cal. App. 4th 945 (2012).

8.4. Defendant knew or should have known of the harassment and failed to take immediate and appropriate corrective action.

8.5. Individual Defendant is personally liable for the harassment under Cal. Gov. Code § 12940(j)(3).

8.6. As amended by SB 1300 (2018), a single act of harassment may suffice if sufficiently severe; the standard is whether a reasonable person subjected to the discriminatory conduct would find that it created a hostile or abusive working environment.

9. COUNT IV — FEHA RETALIATION (Cal. Gov. Code § 12940(h))

9.1. Plaintiff incorporates Paragraphs 1 through 5.10 as though fully set forth.

9.2. Plaintiff engaged in protected activity under FEHA by [opposing discrimination / filing an internal complaint / filing a CRD charge / requesting accommodation] on [DATE(S)].

9.3. Defendant subjected Plaintiff to adverse employment action — namely [ADVERSE ACTION] — on [DATE], after and because of Plaintiff's protected activity.

9.4. A causal link exists between the protected activity and the adverse action, evidenced by [temporal proximity / direct admissions / pretext / shifting explanations].

9.5. As a direct and proximate result, Plaintiff has suffered damages as described above.

10. COUNT V — FEHA FAILURE TO PREVENT (Cal. Gov. Code § 12940(k))

10.1. Plaintiff incorporates Paragraphs 1 through 5.10 as though fully set forth.

10.2. Cal. Gov. Code § 12940(k) imposes on Defendant an affirmative duty "to take all reasonable steps necessary to prevent discrimination and harassment from occurring."

10.3. Defendant failed to adopt, implement, or enforce adequate anti-discrimination and anti-harassment policies, training, or complaint procedures.

10.4. Defendant's failure was a substantial factor in causing the harm Plaintiff suffered.

11. COUNT VI — WRONGFUL DISCHARGE IN VIOLATION OF PUBLIC POLICY (Cal. Const. Art. I § 8)

11.1. Plaintiff incorporates Paragraphs 1 through 5.10 as though fully set forth.

11.2. Cal. Const. Art. I § 8 provides: "A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin."

11.3. Article I, § 8 supplies a constitutional public-policy basis for a common-law wrongful-discharge claim. Rojo v. Kliger, 52 Cal. 3d 65, 91 (1990), recognizes the wrongful-discharge tort theory; this count does not assert a freestanding constitutional damages claim.

11.4. Defendant discharged Plaintiff from employment on [DATE], substantially motivated by Plaintiff's [sex / race / creed / color / national or ethnic origin], contrary to the public policy reflected in Article I, § 8.

11.5. The discharge was a substantial factor in causing the damages described herein.

12. COUNT VII — TOM BANE CIVIL RIGHTS ACT (Cal. Civ. Code § 52.1)

12.1. Plaintiff incorporates Paragraphs 1 through 5.10 as though fully set forth.

12.2. Defendant interfered, or attempted to interfere, with Plaintiff's exercise or enjoyment of rights secured by the Constitution or laws of the United States and California by threats, intimidation, or coercion, including [SPECIFIC THREATS / COERCIVE CONDUCT].

12.3. Plaintiff requests damages authorized by Cal. Civ. Code § 52.1(c), including any applicable damages under § 52, injunctive and other appropriate equitable relief, and discretionary attorney fees under § 52.1(i). Plaintiff does not request the $25,000 penalty reserved by § 52.1(b) for an action brought by a public prosecutor.

13. COUNT VIII — PARALLEL FEDERAL CLAIM — 42 U.S.C. § 1981

13.1. Plaintiff incorporates Paragraphs 1 through 5.10 as though fully set forth.

13.2. 42 U.S.C. § 1981 guarantees all persons within the United States the same right to make and enforce contracts as is enjoyed by white citizens.

13.3. Defendant interfered with Plaintiff's rights to make, perform, modify, and terminate contracts on the basis of race, in violation of § 1981.

13.4. Section 1981 does not use Title VII's administrative-charge requirement. Under Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004), 28 U.S.C. § 1658's four-year period applies only if the completed § 1981 claim was made possible by a post-1990 enactment; determine the claim-specific limitations and accrual rules before filing.

13.5. Plaintiff requests available damages and equitable relief. If Plaintiff becomes a prevailing party in an action enforcing a provision listed in 42 U.S.C. § 1988(b), Plaintiff also requests that the Court exercise its discretion to allow a reasonable attorney's fee as part of costs.

14. COUNT IX — PARALLEL FEDERAL CLAIM — TITLE VII / TITLE II / ADA

14.1. Plaintiff incorporates Paragraphs 1 through 5.10 as though fully set forth.

14.2. [Where employment discrimination is alleged and Title VII coverage is satisfied:] Defendant violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, by discriminating against Plaintiff in the terms, conditions, or privileges of employment on the basis of [race / color / religion / sex / national origin]. Facts establishing that Defendant is a covered Title VII employer: [________________________________].

14.3. [Where public accommodation is alleged:] Defendant violated Title II of the Civil Rights Act of 1964, 42 U.S.C. § 2000a, and/or Title III of the ADA, 42 U.S.C. § 12182.

14.4. [Where Title VII is pleaded:] Plaintiff timely filed a charge with the EEOC under the work-share agreement with the CRD and received (or will receive) a Notice of Right to Sue.

14.5. [Where Title VII is pleaded:] Plaintiff requests compensatory and, if the statutory standard is met, punitive damages under 42 U.S.C. § 1981a, subject to its applicable limits, together with other relief authorized for that count. [Where Title II or ADA Title III is pleaded:] Plaintiff requests preventive or injunctive relief under 42 U.S.C. §§ 2000a-3(a), 12188(a)(1) and discretionary attorney fees as costs under § 2000a-3(b). Plaintiff does not request compensatory or punitive damages on the Title II or ADA Title III count.

15. DAMAGES

The requests below apply only to counts whose governing law permits that relief. No compensatory or punitive damages are requested on a Title II or ADA Title III count.

15.1. Economic damages: lost wages, lost benefits, lost earning capacity, lost employment opportunities, out-of-pocket expenses, and consequential pecuniary losses, in amounts to be proven at trial.

15.2. Non-economic damages: emotional distress, mental anguish, humiliation, loss of dignity, anxiety, embarrassment, and loss of enjoyment of life, in amounts to be proven at trial.

15.3. Statutory damages — Unruh Act: Under Cal. Civ. Code § 52(a), subject to § 55.56's occasion rule and any qualifying reduction or protection from minimum damages for construction-related accessibility claims. Plaintiff identifies [NUMBER] qualifying offenses or occasions and requests $[SUPPORTED AMOUNT] according to proof.

15.4. Bane Act damages: Damages available under Cal. Civ. Code § 52.1(c), according to proof. A § 52(b)(2) penalty requires a separately supported § 51.7 claim.

15.5. Treble damages: Up to three (3) times actual damages under Cal. Civ. Code § 52(a).

15.6. Punitive damages: Pursuant to Cal. Civ. Code § 3294 and 42 U.S.C. § 1981a, Defendant's conduct was malicious, oppressive, or in conscious disregard of Plaintiff's rights, warranting punitive damages in an amount sufficient to punish and deter.

15.7. Attorney fees and costs: Recoverable under Cal. Civ. Code § 52(a), § 52.1(i), Cal. Gov. Code § 12965(c)(6), Cal. Code Civ. Proc. § 1021.5, 42 U.S.C. § 1988, and 42 U.S.C. § 2000e-5(k).

15.8. Pre- and post-judgment interest as allowed by law.

16. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For compensatory damages (economic and non-economic) according to proof on counts that authorize them, excluding Title II and ADA Title III;
• B. For statutory damages under Cal. Civ. Code § 52(a), subject to § 55.56 where the claim concerns construction-related accessibility;
• C. For damages under Cal. Civ. Code § 52.1(c) on the Bane Act count, according to proof;
• D. For treble damages under Cal. Civ. Code § 52(a);
• E. For punitive and exemplary damages under Cal. Civ. Code § 3294 and 42 U.S.C. § 1981a where authorized, excluding Title II and ADA Title III;
• F. For declaratory judgment that Defendants' conduct violated California and federal civil rights laws;
• G. For injunctive relief, including reinstatement, accommodation, training, and policy reform;
• H. For pre-judgment and post-judgment interest at the maximum legal rate;
• I. For reasonable attorney fees and costs under all applicable fee-shifting statutes;
• J. For such other and further relief the Court deems just and proper.

17. DEMAND FOR TRIAL BY JURY

Plaintiff demands a jury trial on every issue triable by jury as of right under Cal. Code Civ. Proc. § 631(a).

18. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint pursuant to Cal. Code Civ. Proc. § 472 and § 473 to identify Doe Defendants, to add additional claims revealed in discovery, and to conform the pleadings to proof at trial.

19. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Cal. State Bar No. [######]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

20. VERIFICATION

Required for a complaint alleging a construction-related accessibility claim under Cal. Code Civ. Proc. § 425.50(b)(1); otherwise use when appropriate.

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of California that I am the Plaintiff in the above-entitled action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true of my own knowledge, except as to those matters stated upon information and belief, and as to those matters, I believe them to be true.

Executed on [DATE] at [CITY], California.

[________________________________]

[PLAINTIFF NAME]

21. INITIAL SERVICE RECORD

After filing, arrange service of the issued summons and complaint on each named defendant by a method authorized for initial service. Record the server, defendant, date, place, and method here: [SERVER / DEFENDANT / DATE / PLACE / METHOD]. The server completes and files a separate Proof of Service of Summons (Judicial Council form POS-010) for each party served. This record is not a substitute for that proof. See Cal. Rules of Court, rule 3.110(b).

22. CALIFORNIA PRACTICE NOTES

• Initial service. Serve the issued summons with the complaint through an authorized initial-service method, then have the server file POS-010 for each defendant; do not use ordinary later-paper mail or electronic-service rules as the initial-service method.
• Filing forms. File the Civil Case Cover Sheet (Judicial Council form CM-010) with the first paper under Cal. Rules of Court, rule 3.220. Complete the Summons (SUM-100) for issuance and service with the complaint. Rule 3.220 generally does not require serving CM-010 unless the case is marked complex or is a collections case.
• Construction-related accessibility claims. If an Unruh or ADA count alleges a construction-related accessibility claim, include the barrier, location, access effect, and date of each occasion under CCP § 425.50(a), and have the plaintiff verify the complaint under subdivision (b). The additional high-frequency-litigant allegations and caption statement apply when the statutory conditions are met.
• Pleading standard. California is a fact-pleading jurisdiction. Cal. Code Civ. Proc. § 425.10 requires "a statement of the facts constituting the cause of action, in ordinary and concise language." Demurrers under § 430.10 lie for failure to state facts sufficient to constitute a cause of action.
• Unruh Act minimum damages. Cal. Civ. Code § 52(a) generally sets a $4,000 minimum per proven offense. For a construction-related accessibility claim, § 55.56 requires a particular occasion of denied access; count occasions, not barriers, while considering distinct facilities that offer distinct services. A qualifying defendant may establish a $1,000 or $2,000 minimum, or protection from minimum damages under § 55.56(g). Plead the distinct occasions and check any statutory reduction before calculating the request. The separate rule that an ADA violation is an Unruh Act violation appears in § 51(f).
• FEHA employment exhaustion and filing periods. Cal. Gov. Code § 12960(e)(5) generally allows THREE (3) YEARS from an unlawful employment practice to file a CRD complaint, subject to statutory extensions. For an employment complaint under § 12940, the CRD right-to-sue notice states a ONE (1) YEAR period from its date to bring a civil action (Cal. Gov. Code § 12965(c)(1)(D)-(E)); check applicable tolling and other claims separately.
• No FEHA exhaustion for Unruh and Bane claims. Assess the common-law wrongful-discharge count separately from FEHA administrative requirements.
• No FEHA cap on compensatory or punitive damages. Unlike Title VII (capped at $50K-$300K depending on employer size), FEHA imposes no statutory cap. Punitive damages remain subject to Cal. Civ. Code § 3294 and constitutional due-process review.
• Individual liability. Supervisors are individually liable for harassment (Cal. Gov. Code § 12940(j)(3)) and aiding/abetting (§ 12940(i)), but NOT for ordinary discrimination decisions under FEHA (Reno v. Baird, 18 Cal. 4th 640 (1998)).
• Anti-arbitration considerations. Cal. Lab. Code § 432.6 (AB 51) was substantially preempted by the Federal Arbitration Act (Chamber of Commerce v. Bonta, 9th Cir. 2023). Existing arbitration agreements remain enforceable; sexual-harassment and sexual-assault claims are exempt under federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. § 402).
• Removal exposure. Federal counts can support federal-question removal under 28 U.S.C. § 1441. State-only counts may be removable if diversity jurisdiction exists under 28 U.S.C. § 1332, subject to § 1441(b)(2): a properly joined and served defendant who is a citizen of the forum state prevents removal based solely on diversity.
• Statutes of limitation summary.
• Unruh Act: 2 years for personal-injury aspects; 3 years for statutory liability (Cal. Code Civ. Proc. § 338(a)).
• FEHA: 3 years to CRD; then 1 year to sue.
• Bane Act: 2 years for non-physical-injury claims; statute varies by underlying conduct.
• § 1981: 4 years (28 U.S.C. § 1658) for post-formation contract claims.
• § 1983: 2 years (borrowed from California personal-injury limit).
• Cost-of-proof sanctions. Cal. Code Civ. Proc. § 2033.420 permits recovery of fees for unreasonable denials of requests for admission — a powerful tool in employment discrimination litigation.
• CCP § 998 offers. Strategic § 998 offers can shift costs and expert fees and interact with FEHA fee-shifting in significant ways; consult current case law.

23. SOURCES AND REFERENCES

• Cal. Civ. Code § 51 (Unruh Civil Rights Act) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=51.&lawCode=CIV
• Cal. Civ. Code § 52 (remedies, $4,000 minimum) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=52.&lawCode=CIV
• Cal. Civ. Code § 55.56 (construction-related accessibility damages) — https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip
• Cal. Civ. Code § 52.1 (Tom Bane Civil Rights Act) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=52.1.&lawCode=CIV
• Cal. Code Civ. Proc. § 425.50 (construction-related accessibility pleadings and verification) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=425.50.
• Cal. Rules of Court, rule 3.220 (Civil Case Cover Sheet) — https://courts.ca.gov/cms/rules/index/three/rule3_220
• California Courts, civil lawsuit filing forms (CM-010 and SUM-100) — https://selfhelp.courts.ca.gov/civil-lawsuit/plaintiff/fill-out-forms
• Cal. Gov. Code § 12940 (FEHA unlawful practices) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12940.&lawCode=GOV
• Cal. Gov. Code § 12960 (3-year CRD deadline; AB 9) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12960.&lawCode=GOV
• Cal. Gov. Code § 12965(c)(1)(D)-(E) (employment right-to-sue, one-year filing period) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12965.&lawCode=GOV
• Cal. Const. Art. I § 8 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS&sectionNum=SEC.+8.&article=I
• AB 9 (Reyes, 2019) — https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB9
• California Civil Rights Department — https://calcivilrights.ca.gov/
• CACI No. 3060 (Unruh — essential elements) — https://www.justia.com/trials-litigation/docs/caci/3000/3060/
• CACI No. 3067 (Unruh — damages) — https://www.justia.com/trials-litigation/docs/caci/3000/3067/
• Harris v. City of Santa Monica, 56 Cal. 4th 203 (2013) (substantial-motivating-factor)
• Isbister v. Boys' Club of Santa Cruz, 40 Cal. 3d 72 (1985) (broad "business establishment" reading)
• Rojo v. Kliger, 52 Cal. 3d 65 (1990) (wrongful-discharge public-policy tort)
• Badih v. Myers, 36 Cal. App. 4th 1289 (1995)
• Reno v. Baird, 18 Cal. 4th 640 (1998) (no individual FEHA discrimination liability)
• Roby v. McKesson Corp., 47 Cal. 4th 686 (2009) (harassment vs. discrimination)
• 42 U.S.C. § 1981, § 1983, § 1988 — https://www.eeoc.gov/statutes
• 42 U.S.C. § 2000a, § 2000e-2 — https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• 42 U.S.C. § 12182 (ADA Title III) — https://www.ada.gov/

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