INTRODUCTION 1 1. This is an action for damages as to: (1) Sexual Harassment under the Fair 2 Employment and Housing Act (“FEHA”); (2) Failure to Prevent Harassment under the FEHA; 3 and (3) Negligent Retention of Unfit Employees; (4) Intentional Infliction of Emotional Distress; 4 and Unfair Business Practices (Business and Professions Code § 17200 et seq.). 5 2. This action arises out of events involving Plaintiffs KATHERINE PAGE 6 (hereinafter “PAGE”) and ASJA SEVER (hereinafter “SEVER”) (collectively, “PLAINTIFFS”), 7 two former female servers at COQUETA, a San Francisco restaurant owned and operated by 8 celebrity chef Defendant MICHAEL CHIARELLO (hereinafter “CHEF CHIARELLO”) through 9 his company Defendant GRUPPO CHIARELLO LLC, a California Limited Liability 10 Corporation (hereinafter collectively “GRUPPO CHIARELLO”) and/or SERRA 11 HOSPITALITY GROUP, LLC (“SERRA”). Both PAGE and SEVER were sexually harassed 12 and forced to endure a hostile, sexually charged work environment at COQUETA at the hands of 13 Defendants CHEF CHIARELLO, Executive Chef DOMINICK MAIETTA, an individual 14 (hereinafter “CHEF MAIETTA”); current General Manager MIRKO GALLIANI, an individual 15 (“GALLIANI”); and current Assistant General Manager MARC PEYER, an individual 16 (“PEYER”) as well as DOES 1-50, inclusive. 17 THE PARTIES 18 3. PAGE was employed by GRUPPO CHIARELLO and/or SERRA from 19 approximately April 1, 2013 until March 13, 2016. PAGE was employed as a server at 20 COQUETA, a restaurant operated and managed by GRUPPO CHIARELLO at all times relevant 21 to the events described in this complaint. PAGE is female. 22 4. SEVER was employed by GRUPPO CHIARELLO and/or SERRA from 23 approximately May 26, 2014 through March 12, 2016. SEVER was also employed as a server at 24 COQUETA. SEVER is female. 25 5. PAGE and SEVER are informed and believe and thereon allege that Defendant 26 GRUPPO CHIARELLO was at all times relevant herein a limited liability company duly 27 organized and existing under the laws of the State of California. At all relevant times, PAGE 28

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1 and SEVER worked at GRUPPO CHIARELLO’S COQUETA restaurant located on Pier 5 in 2 San Francisco, California. PAGE and SEVER are informed and believe and thereon allege that 3 GRUPPO CHIARELLO owns and operates the COQUETA restaurant. 4 6. PAGE and SEVER are informed and believe and thereon allege that Defendant 5 SERRA was at all times relevant herein a limited liability company duly organized and existing 6 under the laws of the State of California. At all relevant times, PAGE and SEVER worked at the 7 COQUETA restaurant located on Pier 5 in San Francisco, California. PAGE and SEVER are 8 informed and believe and thereon allege that SERRA owns and operates COQUETA, among 9 other restaurants in the San Francisco Bay Area. 10 7. Defendant CHEF CHIARELLO was at all relevant times mentioned herein the 11 President of GRUPPO CHIARELLO and a resident of the State of California. CHEF 12 CHIARELLO is an American celebrity chef and author and has been a national television host of 13 his own cooking shows for over a decade on PBS, Food Network and Cooking Channel. He has 14 also appeared on the highest rated food competition shows, Top Chef and Top Chef Masters. His 15 Emmy Award-winning show Easy Entertaining with Michael Chiarello began in 2003 and airs 16 daily on Cooking Channel. CHEF CHIARELLO is a regular contributor to NBC’s The Today 17 Show, CBS’s The Early Show, Martha Stewart Living Radio, Regis & Kelly, and the San

18 Francisco Chronicle’s “Inside Scoop Voices” Column. CHEF CHIARELLO also owns and/or 19 operates several local businesses including but not limited COQUETA, the Spanish tapas style 20 restaurant located at Pier 5 in San Francisco, Bottega Ristorante in Yountville, and the Chiarello 21 Family Vineyards which is also located in Yountville. He also founded NapaStyle, a company 22 that offers a wide selection of specialty products for the kitchen, home and garden that express a

23 unique way of living based on the beauty and style of the Napa Valley experience. 24 8. Defendant CHEF MAIETTA was at all relevant times mentioned herein the 25 Executive Chef at COQUETA and, on information and belief, is currently an employee of 26 GRUPPO CHIARELLO that supervised both PAGE and SEVER. CHEF MAIETTA was at all 27 relevant times a resident of the State of California. CHEF MAIETTA is male. 28

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1 9. Defendant GALLIANI was at all relevant times since approximately September 2 2015 the General Manager at COQUETA and, on information and belief, an employee of 3 GRUPPO CHIARELLO that supervised both PAGE and SEVER. GALLIANI was at all 4 relevant times a resident of the State of California. 5 10. Defendant PEYER was at all relevant times since approximately September 2015 6 the Assistant General Manager at COQUETA and, on information and belief, an employee of 7 GRUPPO CHIARELLO that supervised both PAGE and SEVER. IGLESIAS was at all relevant 8 times a resident of the State of California. 9 11. PAGE and SEVER are ignorant of the true names and capacities of the 10 DEFENDANTS sued herein as DOES 1 through 50 and therefore sues them by such fictitious 11 names. PAGE and SEVER are informed and believe and thereon allege that said 12 DEFENDANTS are in some manner legally responsible for the activities and damages alleged 13 herein. PAGE and SEVER will amend this Complaint to allege their true names and capacities 14 when ascertained. 15 12. PAGE and SEVER are informed and believe and thereon allege that at all times 16 herein mentioned each of the DEFENDANTS were acting as the partner, agent, servant, and 17 employee of each of the remaining DEFENDANTS, and in doing the things alleged herein was 18 acting within the course and scope of such agency and with the knowledge of the remaining 19 DEFENDANTS. Furthermore, DEFENDANTS acted as the employer and/or joint employers of 20 PAGE and SEVER as well as the other aggrieved employees and in all pertinent respects carried 21 out a joint scheme, business plan or policy, and the acts of each Defendant are legally 22 attributable to the other Defendants. 23 GENERAL ALLEGATIONS 24 13. PAGE and SEVER incorporate by this reference the factual allegations set forth 25 in the preceding paragraphs. 26 14. PAGE and SEVER were both well-liked, highly regarded servers at COQUETA 27 during the time period that they were employed by GRUPPO CHIARELLO and/or SERRA. 28 While no written performance reviews were ever provided to them, both PAGE and SEVER

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1 consistently received verbal praise for their performance while working at the restaurant. They 2 each had a demonstrated record of achieving high sales volumes and superior guest satisfaction. 3 Due to their superior performance, PAGE and SEVER were regularly assigned to wait on high- 4 profile and VIP guests such as COQUETA’s investors, Rock and Roll Hall of Fame musician 5 Carlos Santana, movie star Russell Crowe, and reality television stars Kim Kardashian and 6 Kanye West. 7 15. Soon after they began their employment, however, PAGE and SEVER realized 8 that the work environment at the restaurant was hostile, sexually charged and abusive. Both 9 throughout PAGE and SEVER’s employment, and more recently within the last twelve months, 10 COQUETA chefs and managers have engaged in a pattern and practice of inappropriate sexual 11 comments, touching and other sex-related abuse towards COQUETA employees, including 12 PAGE and SEVER. COQUETA management either participated in the sex harassment directly 13 or allowed it to continue unabated by turning a blind eye towards the egregious, unlawful sexual 14 misconduct of the restaurant’s more prominent employees. Both PAGE and SEVER complained 15 at various times to different COQUETA managers about the sex harassment they were 16 experiencing, but nothing was done to address the problem and the harassment continued. 17 PAGE and SEVER quickly realized that COQUETA management did not care about their health, 18 safety and welfare. The combined sexual misconduct of the COQUETA chefs and managers 19 created a hostile, sexually charged and abusive working environment at COQUETA which 20 caused both PAGE and SEVER significant emotional injury. 21 16. CHEF CHIARELLO sexually harassed both PAGE and SEVER throughout their 22 GRUPPO CHIARELLO and/or SERRA employment and contributed directly to the hostile, 23 sexually charged and abusive work environment at the restaurant. For example, CHEF 24 CHIARELLO frequently made inappropriate statements to the entire staff, including PAGE and 25 SEVER, such as, “Martinis are like tits. One is too few, three is too many”. On at least one 26 occasion, he compared a new sandwich on the COQUETA menu to a vagina by stating that the 27 sandwich looked liked a “woman’s underparts” while making a triangle with his hands and 28 placing it over his crotch. Further, he directed COQUETA managers to employ the following

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1 hiring policy: “If you don’t want to fuck them, don’t hire them.” CHEF CHIARELLO also 2 regularly made sexual comments about female customers to his employees. For example, CHEF 3 CHIARELLO informed another server that two female customers had left “snail trails” in their 4 seats after speaking to CHEF CHIARELLO, implying that the women became sexually aroused 5 after talking to CHEF CHIARELLO and left wet stains from their genitals on their chairs. More 6 recently, in November 2015, CHEF CHIARELLO, in SEVER’s presence and during one of his 7 regular visits to COQUETA, held a baguette up to his crotch while making stroking motions over 8 the bread with his hands in an overtly sexual manner. Both PAGE and SEVER have witnessed 9 CHEF CHIARELLO inappropriately touch, caress and stare at women in a sexual manner in the 10 twelve months preceding the filing of this Complaint. 11 17. CHEF CHIARELLO was also unnecessarily aggressive in his interactions with 12 PAGE and SEVER. For example, CHEF CHIARELLO placed his hand on PAGE’s back and 13 aggressively shoved her while stating that COQUETA was his restaurant and that PAGE needed 14 to “stay the fuck out of his way” or words to that effect when he was working the front line of 15 the restaurant. Since then, PAGE has felt unsafe around CHEF CHIARELLO. 16 18. CHEF MAIETTA also sexually harassed both PAGE and SEVER and contributed 17 to the hostile, sexually charged and abusive work environment at COQUETA. For example, in 18 March 2015, he screamed at SEVER for not running food quickly enough and called her a “cunt” 19 and a “lazy whore.” SEVER left the restaurant and immediately began having a panic attack. 20 PAGE had to go outside to console SEVER as she was hysterically crying. In addition, CHEF 21 MAIETTA regularly (and as recently as February 2016) used words like “gay”, “faggot”, 22 “pussy”, “retard”, “asshole”, “Mexicans”, and “whores” while on shift at COQUETA. Both 23 PAGE and SEVER observed him making these derogatory comments throughout their 24 employment with GRUPPO CHIARELLO and/or SERRA and more recently within the twelve 25 months preceding the filing of this Complaint. Further, CHEF MAIETTA frequently asked 26 PAGE and SEVER to help him hit on the female guests sitting at the Chef’s counter section of 27 the restaurant. For example, in November 2015, he referred to one such customer as having a 28 “very tight ass”. When PAGE reminded CHEF MAIETTA that the customer looked to be the

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1 same age as his 14 year old daughter, CHEF MAIETTA responded that it did not matter to him 2 how old she was -- or words to that effect. Both PAGE and SEVER have witnessed CHEF 3 MAIETTA inappropriately touch, caress, and stare at women in a sexual manner in the twelve 4 months preceding the filing of this Complaint. 5 19. Former Executive Chef, Santiago Guerrero, who on information and belief no 6 longer works for GRUPPO CHIARELLO and/or SERRA, contributed directly to the hostile, 7 sexually charged and abusive work environment at COQUETA. For example, Chef Guerrero 8 would constantly stare at women inappropriately and make crude jokes about women being 9 whores or scum. He frequently made comments to PAGE about male COQUETA servers being 10 “faggots”. In April 2015, Chef Guerrero asked PAGE if she knew how many dicks one of her 11 gay male coworkers had sucked the evening before. On another occasion that same month, Chef 12 Guerrero held a croquet up to his crotch and asked PAGE if it was the size of her partner’s 13 penis. On another occasion, Chef Guerrero asked SEVER, “Do you like puddin’?” and then 14 interjected “I like puddin’ my dick where it don’t belong.” Such comments were both 15 unwelcome to PAGE and SEVER and commonplace throughout Chef Guerrero’s tenure at 16 COQUETA. 17 20. The COQUETA chefs were not the only sex harassers that PAGE and SEVER 18 were forced to endure throughout their employment. COQUETA managers also played a 19 significant role in creating the hostile work environment based on sex at COQUETA. Former 20 General Manager Michael Iglesias (“Iglesias”) was the first General Manager at the restaurant 21 and he contributed directly to the hostile, sexually charged and abusive work atmosphere at 22 COQUETA. He repeatedly harassed the female servers working at COQUETA, including 23 PAGE. For example, Iglesias once informed PAGE that he had previously been accused of 24 sexual harassment in connection with his GRUPPO CHIARELLO and/or SERRA employment 25 and that he responded to that accusation by having sexual relations with someone else employed 26 by the company to make his accuser jealous. Throughout his employment, Iglesias told PAGE 27 that he had affairs in each of his personal relationships and that “his bed ways always open” to 28 PAGE. He repeatedly touched PAGE on the side of her breasts and rubbed her shoulders

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1 without her permission. Further, Iglesias frequently told PAGE how good she looked in jeans, 2 how pretty she was and how he would provide her with preferential treatment (e.g., assigning her 3 to the best sections of the restaurant) if she would agree to continue to be his eye candy. In 4 addition, after Iglesias learned that PAGE was engaged to another man, he began to make 5 harassing and disparaging comments to PAGE about her fiancée such as calling him a “pussy”, a 6 “push-over” and “not a real man”. Whenever PAGE’s fiancée would show up at the restaurant, 7 Iglesias would lash out at PAGE by placing her in the worst sections of the restaurant or by 8 yelling at her for things that she did not do. 9 21. Former Assistant General Manager and General Manager Tasha Hamilton 10 (“Hamilton”), who replaced Iglesias in the General Manager position following his departure, 11 also contributed to the hostile, sexually charged work environment that PAGE and SEVER were 12 forced to endure at COQUETA. Hamilton set an extremely detrimental example for 13 COQUETA’s female employees. For example, she frequently wore revealing clothing to work 14 and would jump onto the tables of the restaurant to dance and fetch wine. Hamilton also 15 repeatedly instructed PAGE and SEVER to change their tampons in the back stairway of the 16 restaurant rather than in the privacy of the COQUETA bathroom. One evening during a VIP 17 dinner, Hamilton delivered a large plate of octopus tentacles to the table assigned to PAGE. 18 CHEF CHIARELLO instructed Hamilton to feed the VIP guest and Hamilton proceeded to 19 straddle the guest and dangle the octopus tentacle in her mouth and the VIP guest’s mouth in a 20 sexual manner, in plain view of PAGE. Hamilton also harassed SEVER. For example, 21 Hamilton would suggest to SEVER that she should unbutton her blouse, push up her breasts, and 22 put on lipstick when serving certain celebrity male clientele and then inundate her with 23 inappropriate sexual questions about whether or not Hamilton should respond to the sexual 24 advances of COQUETA’s elite, male clientele. 25 22. Current General Manager, GALLIANI, who replaced Hamilton in the position, 26 also contributed to the hostile, sexually charged and abusive work environment at COQUETA. 27 For example, in January 2016, GALLIANI asked SEVER “what will the pussies drink” in 28 reference to the female attendees at a restaurant event. SEVER was so stunned that she asked

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1 GALLIANI to repeat himself twice and he provided the same answer. GALLIANI would also 2 frequently leer at, comment upon and stare at the female customers during the food service. 3 23. PEYER, COQUETA’s current Assistant General Manager, also contributed to the 4 hostile, sexually charged and abusive work environment at COQUETA. On several occasions 5 since his recent hire, PAGE and SEVER witnessed PEYER walking behind female guests of the 6 restaurant and making sexual noises with his mouth to signal his approval of the female 7 customers. He would also move his eyebrows up and down and nod repeatedly signaling that he 8 was thinking sexually about the customer. In addition, in October 2015, PEYER announced his 9 attraction to PAGE by telling her that she looked much prettier than she normally does. 10 Following this incident, PEYER continued to stare at PAGE sexually. As recently as 11 approximately February 14, 2016, PAGE and SEVER both observed PEYER (along with CHEF 12 MAIETTA) leering at a female customer whose undergarments were clearly visible through her 13 linen pants. 14 24. Both PAGE and SEVER also frequently witnessed CHEF CHIARELLO, CHEF 15 MAIETTA and others openly discuss the sexual acts that they have engaged in and/or would like 16 to engage in with the female guests of the restaurant. This occurred as recently as the end of 17 January 2016. 18 25. PAGE and SEVER were not the only COQUETA employees that were sexually 19 harassed. PAGE and SEVER were both aware during their employment that CHEF 20 CHIARELLO had sexually harassed a now former bar manager. CHEF CHIARELLO was 21 angrily berating the manager for a mistake he had made while working, and in full view of 22 numerous other employees and managers, CHEF CHIARELLO grabbed the bar manager’s 23 genitalia and clasped and squeezed it for several seconds. On another occasions, CHEF 24 CHIARELLO was overheard telling a female employee that he hired her “because of [her] tits” 25 or boasting to another female employee about what a “big dick” he has. When one employee 26 was introduced to CHEF CHIARELLO on his first day, CHEF CHIARELLO said, “Happy to 27 have you here. Now get down on your knees,” or words to that effect. Despite knowing about 28

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1 these incidents, GRUPPO CHIARELLO did nothing to prevent sexual harassment from 2 recurring at COQUETA and the harassment was allowed to continue unabated. 3 26. For example, on or about September 28, 2015, a former gay male server was in 4 the COQUETA restroom when he heard continuous knocks on the door and vigorous shaking of 5 the door handle. When he exited the restroom, the former server found CHEF CHIARELLO 6 standing outside. CHEF CHIARELLO asked, “Were you in there taking care of someone?” 7 implying that the former server was sexually servicing someone in the bathroom. Approximately 8 an hour later, CHEF CHIARELLO approached the former server and asked, “What were you 9 doing in the bathroom, rubbing one out?” implying that he was masturbating in the bathroom. 10 Later, during the same service, CHEF CHIARELLO approached this server from behind, rubbed 11 his genitals and torso against his backside and reached around to pinch and twist his nipples. 12 CHEF CHIARELLO then leaned in towards his ear and stated, “I’m getting myself ready to go 13 home to my boyfriend.” The former server was incredibly insulted by the exchange and shared 14 his experiences with PAGE shortly thereafter which made her feel more uncomfortable around 15 and afraid of CHEF CHIARELLO. 16 27. CHEF MAIETTA similarly harassed other COQUETA employees in this manner 17 further adding to the hostile work environment experienced by PAGE and SEVER. One night, 18 for example, CHEF MAIETTA was due to cook for a famous actress who could not tolerate 19 milk, cream, or dairy products in her food. One of the servers relayed this information to CHEF 20 MAIETTA, who replied, “Oh yeah? Why don’t you go ask her if she can have Chef’s cream?” 21 implying that the server should go ask the actress whether she could consume ejaculate. Later on 22 in the meal, CHEF MAIETTA stated that he would like to “whip up some of Chef’s cum ice 23 cream for her pretty face,” implying that he would like to ejaculate on the actress’s face. Shortly 24 thereafter, a female manager quit in disgust stating to another server that she could not tolerate 25 CHEF MAIETTA’s disrespect for women and his view of female employees as second class 26 citizens. 27 28. CHEF MAIETTA also abused COQUETA employees with homophobic slurs, as 28 well as racist and sexually harassing comments. CHEF MAIETTA was difficult to work with,

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1 had anger issues, and flied off the handle nightly. He frequently made homophobic comments 2 like, “faggot,” and “these fucking guys are so fucking gay.” CHEF MAIETTA made 3 condescending and racist remarks about Mexican support staff, calling them “Mexicans,” 4 “retards,” and “gays.” He also insulted Mexican employees at COQUETA by stating that 5 because they’re Mexican, they have low IQs. CHEF MAIETTA made statements such as, 6 “Nazis should kill these bitches” in reference to dark-skinned or minority employees at 7 COQUETA. Still other witnesses will testify that CHEF MAIETTA stated that he wished Hitler 8 was still around so he could “get rid of” certain COQUETA employees that he disliked. 9 Hispanic employees used to take their meals in the dining room, but once CHEF MAIETTA 10 became the Executive Chef, he began prohibiting Hispanic workers from sitting in the dining 11 room to eat their meals. 12 29. Throughout PAGE and SEVER’s employment, COQUETA’s General and 13 Assistant General Managers repeatedly turned a blind eye to the sexual harassment that 14 COQUETA employees, including PAGE and SEVER, were forced to endure. For example, 15 PAGE was harassed by another server who called her a “cunt, bitch and whore” and threatened 16 her physical safety. The harassment occurred in front of COQUETA managers who did 17 absolutely nothing to stop the harassment. On another occasion, PAGE complained directly to 18 former General Manager Hamilton about Hamilton’s own inappropriate manner of dress and 19 behavior in front of other employees and customers. Rather than adjust her behavior, Hamilton 20 retaliated against PAGE and began cutting her shifts. In approximately September or October 21 2014, SEVER witnessed Chef Guerrero making derogatory comments about another server’s 22 sexuality and subsequently complained about the comments to then General Manager Laurent 23 Ertle. On information and belief, Mr. Ertle took no action to stop the harassment from recurring 24 and SEVER witnessed Chef Guerrero continue to make derogatory, sex-based comments through 25 the termination of his employment in approximately May 2015. SEVER tried to complain again 26 to no avail in approximately March 2015 – this time to SERRA and/or GRUPPO CHIARELLO’s 27 Director of Operations, David O’Malley. Mr. O’Malley initially responded in writing that the 28 company takes such complaints seriously, but when he met with SEVER to discuss her

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1 complaint he laughed it off and commented that SEVER must look like CHEF MAIETTA’s 2 wife. Further still, former General Manager Hamilton was present and observed the incident 3 where CHEF CHIARELLO compared one of the restaurant’s menu items to a vagina and yet she 4 took no action to stop it. Instead, she laughed as if what CHEF CHIARELLO said was wildly 5 funny. These experiences discouraged PAGE and SEVER who believed that their complaints 6 fell on deaf ears and that any additional complaints would be fruitless and result in no corrective 7 action or worse, retaliation against them. 8 30. Sexual harassment and abuse of employees is so endemic at COQUETA that 9 multiple female managers have resigned as a result of the oppressive work environment. Shortly 10 after the incident involving the actress, a female manager quit, stating to another server (who 11 reported it to PAGE) that she could not tolerate CHEF MAIETTA’s disrespect for women and 12 his view of female employees as second class citizens. Another manager resigned because she 13 had grown disturbed and depressed by management’s sexual harassment and abuse of 14 employees, which occurred almost daily at the restaurant. 15 31. The sexual harassment to which PAGE and SEVER and other employees were 16 subjected at COQUETA is only one category of egregious examples of the failure of GRUPPO 17 CHIARELLO and/or SERRA to comply with its legal obligations to its employees. PAGE and 18 SEVER as well as other employees have been subjected to outward hostility by management in 19 addition to the sexual harassment which regularly occurs. Management routinely uses abusive 20 and threatening language in addressing COQUETA employees. Addressing employees with 21 demeaning language such as, “If you ever pour wine like that again I’ll throw your ass into the 22 bay.” And, “Try to make it look like you’re not a complete fucking idiot” were not uncommon. 23 Employees were regularly addressed in rude, harassing, angry and condescending tones. 24 32. As a result of the pervasive sexually hostile and abusive work environment to 25 which PAGE and SEVER have been subjected, both PAGE and SEVER have suffered 26 significant emotional distress. 27 // 28 //

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1 FIRST CAUSE OF ACTION 2 SEXUAL HARASSMENT – HOSTILE WORK ENVIRONMENT – FEHA 3 VIOLATION OF CAL. GOV. CODE §§ 12940 et seq. 4 AGAINST ALL DEFENDANTS AND DOES 1-50 5 33. PAGE and SEVER incorporate by this reference the factual allegations set forth 6 in the preceding paragraphs. 7 34. The above conduct by PAGE and SEVER’s various supervisors (e.g., CHEF 8 CHIARELLO, CHEF MAIETTA, Chef Guerrero, Iglesias, Hamilton, GALLIANI and PEYER) 9 was unwelcome, directed towards PLAINTIFFS, and was part of an ongoing and continuing 10 pattern of conduct. 11 35. The above conduct caused PAGE and SEVER to perceive their work environment 12 as intimidating, hostile, abusive or offensive, and reasonable women in PLAINTIFFS’ positions 13 would perceive the work environment as intimidating, hostile, abusive or offensive. 14 36. Complaints and/or information regarding much of the harassing conduct were 15 made to DEFENDANTS. After the complaints to DEFENDANTS, the harassment continued. 16 37. PAGE and SEVER filed timely complaints against the DEFENDANTS with the 17 DFEH alleging sexual harassment and failure to prevent sexual harassment. Thereafter, PAGE 18 and SEVER received from the DFEH notification of their right to sue in the Courts of the State 19 of California, the DEFENDANTS against which complaints had been filed. 20 38. DEFENDANTS’ acts were malicious, oppressive or fraudulent with intent to vex, 21 injure, annoy, humiliate and embarrass PAGE and SEVER, and in conscious disregard of their 22 rights or safety or that of other employees of DEFENDANTS, and in furtherance of 23 DEFENDANTS’ ratification of the wrongful conduct of the employees and managers of 24 DEFENDANTS. DEFENDANTS were on prior notice that at least CHEF CHIARELLO had 25 sexually harassed other employees but did nothing to prevent CHEF CHIARELLO from further 26 harassing PAGE and SEVER or other employees. DEFENDANTS failed to act despite 27 possessing knowledge of CHEF CHIARELLO’S previous harassment of employees. By failing 28 to act, DEFENDANTS showed conscious disregard for the fact that CHEF CHIARELLO’S

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1 conduct would cause injury to PAGE and SEVER’s sense of physical safety and emotional and 2 psychological well-being. Accordingly, PAGE and SEVER are each entitled to recover punitive 3 damages from DEFENDANTS. 4 39. By reason of the conduct of DEFENDANTS and each of them as alleged herein, 5 PAGE and SEVER have necessarily retained attorneys to prosecute the within action. PAGE 6 and SEVER are therefore entitled to reasonable attorney’s fees and litigation expenses, including 7 expert witness fees and costs, incurred in bringing the within action. 8 40. As a result of DEFENDANTS and each of their actions, PAGE and SEVER have 9 sustained economic damages to be proven at trial. As a further result of DEFENDANTS’ and 10 each of their actions, PAGE and SEVER have suffered non-economic losses including but not 11 limited to emotional distress; resulting in damages to be proven at trial. 12 41. The above harassing conduct violates California’s FEHA, Cal. Gov. Code §§ 13 12940 et seq. and California public policy and entitles PLAINTIFF to all categories of damages, 14 including exemplary or punitive damages. 15 42. PAGE and SEVER also seek declaratory and injunctive relief, as provided by law, 16 including that DEFENDANTS’ actions against them, individually, violated Government Code 17 section 12940, et seq., and as necessary to stop the employer’s discriminatory practices. 18 19 SECOND CAUSE OF ACTION 20 FAILURE TO PREVENT HARASSMENT 21 VIOLATION OF CAL. GOV. CODE §§ 12940 et seq. 22 AGAINST DEFENDANTS GRUPPO CHIARELLO, SERRA AND DOES 1 – 50 23 43. PAGE and SEVER incorporate by this reference the factual allegations set forth 24 in the preceding paragraphs. 25 44. In violation of the FEHA, DEFENDANTS GRUPPO CHIARELLO, SERRA and 26 DOES 1-50 failed to take all reasonable steps necessary to prevent sex harassment against their 27 employees. 28

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1 45. In perpetrating the above-described conduct, DEFENDANTS GRUPPO 2 CHIARELLO, SERRA and DOES 1-50, and each of them, engaged in a pattern, practice, policy, 3 and custom of unlawful sex harassment. This constituted a policy, practice, tradition, custom, 4 and usage which denied PAGE and SEVER, and others, protections afforded by the FEHA 5 46. At all relevant time periods DEFENDANTS GRUPPO CHIARELLO, SERRA, 6 and DOES 1-50, and each of them, failed to make an adequate response and investigation into 7 the conduct of its various chefs and managers and the aforesaid pattern and practice, and thereby 8 established a policy, custom, practice or usage within the organization of DEFENDANTS, which 9 condoned, encouraged, tolerated, sanctioned, ratified, approved of, and/or acquiesced in unlawful 10 sex harassment towards employees of DEFENDANTS, including, but not limited to, PAGE and 11 SEVER. 12 47. At all relevant time periods there existed within the organization of 13 DEFENDANTS, and each of them, a pattern and practice of conduct by their personnel which 14 resulted in sex harassment, including but not necessarily limited to, conduct directed at PAGE 15 and SEVER. 16 48. PAGE and SEVER are informed and believe and thereon allege that 17 DEFENDANTS GRUPPO CHIARELLO, SERRA and DOES 1-50 did not provide adequate sex 18 harassment training with respect to their employees and managers. 19 49. DEFENDANTS GRUPPO CHIARELLO, SERRA and DOES 1-50, and each of 20 them, knew or reasonably should have known that the failure to provide any or adequate 21 education, training, and information as to their personnel policies and practices regarding sex 22 harassment would result in sex harassment. 23 50. The failure of DEFENDANTS GRUPPO CHIARELLO, SERRA and DOES 1-50, 24 and each of them, to provide any or adequate education, training, and information to personnel 25 concerning policies and practices regarding sex harassment constituted deliberate indifference to 26 the rights of employees, including but not limited to those of PAGE and SEVER. 27 51. PAGE and SEVER filed timely complaints against the DEFENDANTS with 28 California’s Department of Fair Employment and Housing (“DFEH”) alleging sexual harassment

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1 and failure to prevent sexual harassment. Thereafter, PAGE and SEVER each received from the 2 DFEH notification of their right to sue in the Courts of the State of California, the 3 DEFENDANTS against which complaints had been filed. 4 52. By reason of the conduct of DEFENDANTS GRUPPO CHIARELLO, SERRA 5 and DOES 1-50, and each of them as alleged herein, PAGE and SEVER have necessarily 6 retained attorneys to prosecute the within action. PAGE and SEVER therefore are entitled to 7 reasonable attorney’s fees and litigation expenses, including expert witness fees and costs, 8 incurred in bringing the within action. 9 53. As a result of DEFENDANTS’ and each of their actions, PAGE and SEVER 10 sustained economic damages to be proven at trial. As a further result of DEFENDANTS’ and 11 each of their actions, PAGE and SEVER suffered emotional distress; resulting in damages to be 12 proven at trial. 13 54. The conduct of DEFENDANTS and/or their agents/employees as described herein 14 was malicious, and/or oppressive, and done with a willful and conscious disregard for 15 PLAINTIFFS’ rights and for the deleterious consequences of DEFENDANTS’ actions. 16 DEFENDANTS and/or their agents/employees or supervisors authorized, condoned and ratified 17 the unlawful conduct of the remaining DEFENDANTS. DEFENDANTS were on prior notice 18 that at least CHEF CHIARELLO had sexually harassed other employees but did nothing to 19 prevent CHEF CHIARELLO or the other COQUETA chefs and managers from further harassing 20 PAGE and SEVER or the other employees working at the restaurant. Consequently, PAGE and 21 SEVER are entitled to punitive damages against DEFENDANTS. 22 55. The above harassing and discriminatory conduct violates California’s FEHA, Cal. 23 Gov. Code §§ 12940 et seq., and California Public Policy and entitles PAGE and SEVER to all 24 categories of damages, including exemplary or punitive damages. 25 56. PAGE and SEVER also seek declaratory and injunctive relief, as provided by law, 26 including that DEFENDANTS’ actions against them, individually, violated Government Code 27 section 12940, et seq., and as necessary to stop the employer’s discriminatory practices. 28

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1 THIRD CAUSE OF ACTION 2 NEGLIGENT RETENTION OF UNFIT EMPLOYEES 3 AGAINST DEFENDANTS GRUPPO CHIARELLO, SERRA DOES 1 – 50 4 57. PAGE and SEVER incorporate by this reference the factual allegations set forth 5 in the preceding paragraphs. 6 58. PAGE and SEVER are informed and believe and thereon allege that GRUPPO 7 CHIARELLO, SERRA, and DOES 1-50, and each of them, by and through their principals, 8 agents and employees, conducted themselves unlawfully in violation of public policy and 9 applicable law as described above with conscious disregard of the result or outcome of such 10 conduct. 11 59. GRUPPO CHIARELLO, SERRA and DOES 1-50, and each of them, negligently 12 and carelessly retained their employees including, but not limited to, CHEF CHIARELLO, 13 CHEF MAIETTA, Chef Guerrero, IGLESIAS, HAMILTON, GALLIANI, and PEYER. 14 GRUPPO CHIARELLO, SERRA and DOES 1-50, and each of them, breached their duty to 15 exercise reasonable care and acted negligently and carelessly in the retention of CHEF 16 CHIARELLO, CHEF MAIETTA, Chef Guerrero, IGLESIAS, HAMILTON, GALLIANI, and 17 PEYER by failing to monitor their conduct, and by failing to adequately reprimand and limit 18 their harassing behavior. 19 60. As a direct and proximate result of the willful, knowing and intentional acts, and 20 failures to act of GRUPPO CHIARELLO, SERRA and DOES 1-50, PAGE and SEVER have 21 suffered and will continue to suffer mental distress and anguish. PAGE and SEVER are thereby 22 entitled to general and compensatory damages in amount to be proven at trial. 23 // 24 // 25 // 26 // 27 // 28 //

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FOURTH CAUSE OF ACTION 1 2 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

3 AGAINST ALL DEFENDANTS DOES 1-50 4 5 61. PAGE and SEVER incorporate by this reference the factual allegations set forth 6 in the preceding paragraphs. 7 62. PAGE and SEVER are informed and believe and thereon allege that 8 DEFENDANTS GRUPPO CHIARELLO, COQUETA, CHEF CHIARELLO, CHEF MAIETTA, 9 IGLESIAS, HAMILTON, GALLIANI, and PEYER, by and through their principals, agents and 10 employees, conducted themselves unlawfully in violation of public policy and applicable law as 11 described above with conscious disregard of the result or outcome of such act. Subjecting PAGE 12 and SEVER to the conduct described above throughout their employment was extreme and 13 outrageous conduct by the DEFENDANTS, and each of them. 14 63. Through the outrageous conduct described above, DEFENDANTS each acted 15 with the intent to cause, and with reckless disregard for the probability of causing either or both 16 PAGE and SEVER to suffer severe emotional distress. 17 64. At all relevant times, DEFENDANTS had actual or constructive knowledge of 18 extreme and outrageous conduct described herein, and condoned, ratified and participated in 19 such extreme and outrageous acts. 20 65. As a direct and proximate result of DEFENDANTS’ willful, knowing and 21 intentional acts, and DEFENDANTS’ failure to act, PAGE and SEVER have suffered and will 22 continue to suffer mental distress and anguish. PAGE and SEVER are thereby entitled to general 23 and compensatory damages in amount to be proven at trial. 24 66. The acts of DEFENDANTS, as alleged herein, were done with fraud, oppression 25 and malice, with a conscious disregard for PAGE and SEVER’s rights; and with the intent, 26 design and purpose of injuring PAGE and/or SEVER, with an improper and evil motive 27 amounting to malice, in conscious disregard of PAGE and SEVER’s respective rights. 28 DEFENDANTS were on prior notice that at least CHEF CHIARELLO had touched other

17 COMPLAINT FOR DAMAGES

1 employees against their will but did nothing to prevent CHEF CHIARELLO from further 2 touching other COQUETA employees. DEFENDANTS were also on prior notice of CHEF 3 MAIETTA’s harassing and unprofessional proclivities and took no action to stop it resulting in 4 continuing harassment injuring both PAGE and SEVER. By failing to act, DEFENDANTS 5 showed conscious disregard for the fact that CHEF CHIARELLO, CHEF MAIETTA or any 6 other chef or manager’s conduct would cause injury to PAGE and SEVER’s sense of physical 7 safety and emotional and psychological well-being. PAGE and SEVER are therefore entitled to 8 recover punitive damages against DEFENDANTS, and each of them. 9 10 FIFTH CAUSE OF ACTION 11 UNFAIR LABOR PRACTICES 12 VIOLATION OF CAL. BUS. & PROF. CODE § 17200 13 AGAINST DEFENDANTS GRUPPO CHIARELLO, SERRA AND DOES 1 – 50 14 67. PAGE and SEVER incorporate by this reference the factual allegations set forth 15 in the preceding paragraphs. 16 68. On or about December 8, 2015, SEVER, along with a few other COQUETA 17 servers, worked a special event where the event host left the servers $2,000 in tips. Megan 18 Daughtry, COQUETA’s private events manager, was instructed by Mr. O’Malley take half of 19 these tips ($1,000) and give them to the kitchen staff who played no role in providing table 20 service for the event. Ms. Daughtry, on information and belief, was also instructed by Mr. 21 O’Malley to lie to the servers and tell them that the guest called back in the morning to change 22 the gratuity amount. Neither SEVER nor any of the other servers involved in the special event 23 ever received the full amount in tips that the event host left for them. 24 69. Defendants’ conduct, as alleged herein, has been, and continues to be, unfair, 25 unlawful and harmful to PLAINTIFFS, to the general public, and Defendants’ competitors. 26 Accordingly, PAGE and SEVER seek to enforce important rights affecting the public interest 27 within the meaning of Code of Civil Procedure section 1021.5. 28

18 COMPLAINT FOR DAMAGES

1 70. Defendants’ activities as alleged herein are violations of California law, and 2 constitute unlawful business acts and practices in violation of California Business & Professions 3 Code section 17200, et seq. 4 71. A violation of California Business & Professions Code section 17200, et seq. may 5 be predicated on the violation of any state or federal law. In this instant case, Defendants’ 6 policies and practices of requiring PLAINTIFFS to share their tip income with members of the 7 kitchen staff violates California Labor Code section 351. 8 72. Plaintiff SEVER has been personally injured by Defendants’ unlawful business 9 acts and practices as alleged herein, including but not necessarily limited to the loss of money 10 and/or property. 11 73. Pursuant to California Business & Professions Code sections 17200, et seq., 12 Plaintiff is entitled to restitution of the wages withheld and retained by Defendants during a 13 period that commences four years prior to the filing of this complaint; a permanent injunction 14 requiring Defendants to pay all outstanding wages due to Plaintiff; an award of attorneys’ fees 15 pursuant to California Code of Civil procedure section 1021.5 and other applicable laws; and an 16 award of costs. 17 18 PRAYER FOR RELIEF 19 WHEREFORE, PAGE and SEVER pray for relief as follows: 20 1. For general damages according to proof, however, no less than the jurisdictional 21 limit of this court; 22 2. For restitution in an amount according to proof; 23 3. For special damages in amounts according to proof; 24 4. For exemplary and punitive damages in amounts according to proof; 25 5. For injunctive relief as provided by law; 26 6. For declaratory relief as provided by law, including, inter alia, that 27 DEFENDANTS’ actions against PAGE and SEVER, respectively, violated 28 Government Code section 12940, et seq., and all other statutes alleged herein;

19 COMPLAINT FOR DAMAGES