Michael Reeves v. Slidebar
STEPHEN WARREN SOLOMON (State Bar No. 36189)
STEPHEN ALLEN JAMIESON (State Bar No. 115805)
RYAN MICHAEL KROLL (State Bar No. 235204)
D. ANDREW QUIGLEY (State Bar No. 280986)
SOLOMON, SALTSMAN & JAMIESON
426 Culver Boulevard,
Playa Del Rey, California 90293
Telephone: 310.822.9848
Facsimile: 310.822.3512
Attorneys for Plaintiff
MICHAEL REEVES
SUPERIOR COURT OF THE STATE OF CALIFORNIA
THE COUNTY OF ORANGE 30-2012
Filed June 8, 2012
MICHAEL REEVES,
Plaintiff,
Vs.
JEREMY POPOFF: SLIDEBAR INC.
DBA SLIDEBAR ROCK N ROLL KITCHEN
And DOES 1through 50.
Inclusive.
Defendants.
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Case No. 00575023
Unlimited Jurisdiction
COMPLAINT FOR DAMAGES
- WRONGFUL TERMINATION - Labor Code ß1102.5; Violation of Public
Policy
- BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
- NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
Plaintiff MICHAEL REEVES (hereinafter "MR. REEVES') alleges as
follows:
1. MR. REEVES was at all times mentioned in the Complaint, employed
in the County of Orange, California, and is a resident of the County of
Orange, California.
2. MR. REEVES is informed and thereon alleges that DEFENDANT,
SLIDEBAR INC, dba SLIDEBAR ROCK N ROLL KITCHEN (hereinafter referred to
as SLIDEBAR) is, and at all times mentioned in the Complaint was, a
corporation authorized to do business and doing business in the State of California, was MR. REEVES's employer while he worked at the SLIDEBAR ROCK N ROLL KITCHEN, and had employed more than five employees during the
entire time that MR. REEVES worked at SLIDEBAR.
3. MR. REEVES is informed and believes, and on the basis of that information and belief alleges, that Defendant Jeremy Alan Popoff (hereinafter referred to as "JEREMY POPOFF"), is, and at all times mentioned in the Complaint was, an officer, director and/or managing agent of SLIDEBAR, was employed by SLIDEBAR as its Chief Executive Officer with the authority to speak for SLIDEBAR and the ability to exercise substantial discretionary authority over the decisions that ultimately determine SLIDEBAR's corporate policy, in general as well as specifically with regard to the matter, and was and continues to be a resident of California.
4. MR. REEVES is informed and believes, and on the basis of that information and belief alleges, that SEAN MICHAEL FRANCIS was the sole owner listed on the alcohol license for the premises where SLIDEBAR ROCK N ROLL KITCHEN is now located from December 1, 2005 until December 1,
2011, and therefore, as a matter of law, was at all times mentioned in the Complaint was, an officer, director and/or managing agent of SLIDEBAR.
5. MR. REEVES is informed and believes, and on the basis of that information and belief alleges, that JEANETTE DeMARCO was an officer and/or director and/or managing agent and employee of SLIDEBAR with the authority to speak for SLIDEBAR and the ability to exercise substantial discretionary authority over the decisions that ultimately determine SLIDEBAR's corporate policy, in general as well as specifically with regard to the matter.
6. MR. REEVES is informed and believes, and on the basis of that information and belief alleges, that JOSH SOBOTIK was an officer and/or director and/or managing agent and employee of SLIDEBAR with the authority to speak for SLIDEBAR and the ability to exercise substantial discretionary authority over the decisions that ultimately determine SLIDEBAR's corporate policy, in general as well as specifically with regard to the matter.
7. MR. REEVES is informed and believes, and on the basis of that information and belief alleges, that JOSH STOLO was an officer and/or director and/or managing agent and employee of SLIDEBAR with the authority to speak for SLIDEBAR and the ability to exercise substantial discretionary authority over the decisions that ultimately determine SLIDEBAR's corporate policy, in general as well as specifically with regard to the
matter.
8. Unless otherwise alleged in the Complaint, MR. REEVES is informed and believes, and on the basis of that information and belief alleges, that at all times mentioned in the Complaint, JEREMY POPOFF, SEAN MICHAEL FRANCIS, JEANETTE DeMARCO, JOSH SOBOTIK, and JOSH STOLO were the agents and employees of SLIDEBAR, and in doing the things alleged in the Complaint, were acting within the course and scope of that agency and employment.
9. MR. REEVES is unaware of the true names and capacities of those Defendants named and sued herein as Does I thoroughly 50, inclusive, and therefore sues them by such fictitious names, MR. REEVES will amend the Complaint to allege their true names and capacities when the same have been ascertained, MR. REEVES is informed and believes, and thereon alleges, that each of the fictitiously named Defendants was negligently, intentionally,
or in some other manual responsible for the events and happenings herein referred to, and negligently, intentionally,
or in some other manner caused the injuries and damages proximately caused thereby as herein alleged, Each reference in the Complaint to "Defendant," "Defendants" or to a specifically named Defendant herein refers to all Defendants sued under such fictitious names, and to all named Defendants.
10. MR. REEVES is informed and believes and on that information and belief alleges that at all times herein mentioned all Defendants, persons and/or entities named
or identified herein or referenced hereby, and each of them, were the agents, employees and officers of each other and of each Defendant and, in doing the things hereinafter alleged, were acting within the scope, course, and purpose of such agency (whether ostensible, explicit, implicit, or direct), employment, and with the permission and consent of SLIDEBAR and JEREMY POPOFF; and that each of the acts
or omissions complained of herein were authorized and/or ratified by SLIDEBAR and JEREMY POPOFF.
11. MR. REEVES is informed and believes and on that information and belief alleges that JEREMY POPOFF and SLIDEBAR were alter egos of each other and therefore are liable for each and every act and/or omission of the other that is alleged herein.
SUMMARY OF SLIDEBAR'S UNLAWFUL TERMINATION OF MR. REEVES FOR
OPPOSING SLIDEBAR'S ILLEGAL PRACTICES
12. On July 5, 2011, Fullerton Police responded to a call to the Police Dispatcher falsely claiming that a homeless man named Kelly Thomas was breaking into cars. As a result of the false police report of a crime in progress, Kelly Thomas was arrested and beaten by Fullerton Police and died five days later,
on July 10, 2011. The false police report came from JEANETTE DeMARCO, a manager at SLIDEBAR, who was following the instructions given to her and all other SLIDEBAR managers by SLIDEBAR's owner, JEREMY POPOFF, to call the police and do anything necessary to get Kelly Thomas away from SLIDEBAR.
MR. REEVES saw and heard JEANETTE DeMARCO's false call to the Police Dispatcher, and when MR. REEVES refused to adopt SLIDEBAR's false
mantra - "SLIDEBAR had nothing to do with Kelly Thomas's death" - his employment as SLIDEBAR was unlawfully
terminated.
13. MR. REEVES began working for SLIDEBAR in March 2010 as a Security Guard and Doorman. SLIDEBAR quickly recognized that MR. REEVES was good at his job, and in recognition of his work ethic and reliability, MR. REEVES was added to SLIDEBAR’s
insurance in April 2010 so he could drive other employees to promotional events throughout Orange County and Los Angeles County. Around September 2010, MR. REEVES was awarded a merit-based pay raise of twenty percent (20%) of his existing wage in further recognition of his work ethic and reliability.
14. MR. REEVES enjoyed working at SLIDEBAR because he and his co-workers and supervisors called themselves a "family unit," and no personal problem was too small for discussion.
15. SLIDEBAR holds a Type 47 On-Sale General Eating Place License from the California Department of Alcoholic Beverage Control. From December
1, 2005 until December 1, 2011, the exclusive Licensee named on the Type 47 License for the premises where SLIDEBAR ROCK N ROLL KITCHEN is now located was SEAN MICHAEL FRANCIS. Although JEREMY POPOFF was not named on the Type 47 License as required by law if JEREMY POPOFF was the owner and operator of SLIDEBAR ROCK N ROLL KITCHEN, MR. REEVES is informed and believes and thereon alleges that JEREMY POPOFF owned and operated SLIDEBAR at all times during MR. REEVES' employment at SLIDEBAR, from March 2010 to September
23, 2011.
16. As a former rock star in the pop band "Lit," JEREMY POPOFF was obsessed with SLIDEBAR's image and how it reflected on his own image as the owner and face of SLIDEBAR. Homeless people had no place in the image JEREMY POPOFF wanted for SLIDEBAR, so he implemented a rule that banned homeless people from entering SLIDEBAR. Kelly Thomas, a 37-year-old homeless man, was often seen in the parking lot near SLIDEBAR either picking up cigarette butts or watching one of the big screen televisions on SLIDEBAR’s patio. Kelly Thomas once entered SLIDEBAR when a patron offered to buy him a meal, but MR. REEVES followed JEREMY POPOFF and SLIDEBAR's "no homeless people" policy and asked Kelly Thomas to leave.
17. JEREMY POPOFF's "no homeless people" policy kept Kelly Thomas out of SLIDEBAR, but it did not keep Kelly Thomas out of sight, as JEREMY POPOFF wanted. So, in June 2011, JEREMY POPOFF called a meeting at SLIDEBAR with all of his managers and
instructed them to call the police whenever they saw Kelly Thomas around SLIDEBAR and to do anything necessary to get Kelly Thomas away from SLIDEBAR.
18. The first few times SLIDEBAR's managers followed JEREMY POPOFF's instructions and called the police on Kelly Thomas, the managers reported that Kelly Thomas was loitering, About thirty minutes later, a single police car pulled pull up to Kelly Thomas's reported location, and, if he was still around, the police would ask him to move along. This response did not satisfy JEREMY POPOFF, because the police took too long to respond, and Kelly Thomas would always return to the area and spoil the image JEREMY POPOFF had for SLIDEBAR and himself, So, JEREMY POPOFF told SLIDEBAR managers to do whatever it takes to keep Kelly Thomas
away.
19. On July 5, 2011, MR. REEVES was working the front door of SLIDEBAR from 8:00 p.m. until closing time. When MR. REEVES arrived at SLIDEBAR, he noticed Kelly Thomas in the nearby parking lot picking up cigarette butts. Around 8:15 p.m." the Tuesday-night manager, JEANETTE DeMARCO, visited MR. REEVES at the front door of the bar where she saw Kelly Thomas in the parking lot and told MR. REEVES that she was going to "take care of this." MR. REEVES asked her not to call the police and explained that Kelly Thomas was only picking up cigarette butts and would move on in a couple minutes like he always does. But JEANETTE DeMARCO followed JEREMY POPOFF's instructions authorizing her to do "anything necessary" to keep Kelly Thomas away from SLIDEBAR and she stepped five feet from where MR. REEVES was standing and placed a call directly to the Fullerton Police Dispatcher. To his disbelief, MR. REEVES then heard JEANETTE DeMARCO make a knowingly false report to the Fullerton Police Dispatcher that "Kelly Thomas is in the parking lot breaking into cars." Though normally happy to keep his head down, MR. REEVES could not tolerate JEANETTE DeMARCO's blatantly false statement, and he told her that what she had just done was wrong: she had just made a false report about Kelly Thomas to the police.
20. At or around 8:20 p.m., within minutes of JEANETTE DeMARCO's false report to the Fullerton Police Dispatcher, four cars from the Fullerton Police Department responded to the report of a crime in progress in the parking lot near SLIDEBAR. Believing that Kelly Thomas was breaking into cars, the police officers attempted to arrest Kelly Thomas and began shooting him with a stun gun when he resisted. The officers' confusion, based on JEANETTE DeMARCO's false report, gave way to greater confusion and ended only after it was already too late. The officers beat Kelly Thomas into a coma, and he was rushed to the hospital at the University of
California, Irvine.
21. Kelly Thomas died in the hospital at UC Irvine on July 10, 2011, five days after Fullerton Police responded to the false police report made by JEANETTE DeMARCO and authorized and/or ratified by JEREMY POPOFF and SLIDEBAR.
22. By knowingly reporting to the Fullerton Police Dispatcher the false report that Kelly Thomas was breaking into cars-which is a condition that could and did result in the response by the Fullerton Police in their authorized emergency vehicles-JEANETTE DeMARCO, with JEREMY POPOFF's and SLIDEBAR's authorization and/or ratification, violated
Penal Code §§ 148.3(a), (b).
23. By knowingly reporting to the Fullerton Police Dispatcher the false report that Kelly Thomas was breaking into cars, JEANETTE DeMARCO, with JEREMY POPOFF's and SLIDEBAR's authorization and/or ratification, made a false report that a felony
or misdemeanor had been committed, in violation of Penal Code § 148.5(a).
24. By knowingly allowing the use and using the 911 telephone system for reasons other than because of an emergency,
JEANETTE DeMARCO, JEREMY POPOFF, and SLIDEBAR violated Penal Code §
653y(a).
25. Furthermore, by instructing and authorizing SLIDEBAR managers, including
JEANETTE DeMARCO, to call the police on Kelly Thomas and do "anything necessary" to keep Kelly Thomas away from SLIDEBAR, JEREMY POPOFF, SLIDEBAR, and the SLIDEBAR managers conspired to commit
crimes - namely, Penal Code § 148.3(a), (b) and § 148.5(a) -
in violation of Penal Code § 182(a)(1), and conspired to falsely and maliciously procure Kelly Thomas to be arrested for a crime, in violation of
Penal Code § 182(a)(2).
26. In the days following SLIDEBAR manager JEANETTE DeMARCO's false police report about Kelly Thomas, JEREMY POPOFF and SLIDEBAR were scrambling to distance SLIDEBAR from the incident, and JEREMY POPOFF conspired with his SLIDEBAR managers to obstruct justice and the due administration of the laws by preventing and/or dissuading anyone, particularly MR. REEVES, from providing information to law enforcement agencies regarding the false police report given by
JEANETTE DeMARCO and authorized by JEREMY POPOFF-a violation of Penal Code §§ 136.1(b)(2) and
182(a)(5). To that end, JEREMY POPOFF and the SLIDEBAR managers adopted and reiterated the false mantra, "SLIDEBAR had nothing to do with what happened to Kelly Thomas."
27. On July 7, 2011, SLIDEBAR manager JOSH SOBOTIK called MR. REEVES to a pre-shift meeting and again reiterated to him and the other security personnel the false mantra that "SLIDEBAR had nothing to do with Kelly Thomas's beating," and admonished them that they were not to talk about the incident to anyone, particularly the media or costumers. After the meeting, JOSH SOBOTIK pulled MR. REEVES aside and told him not to discuss anything he had seen, in furtherance of the conspiracy to attempt to dissuade and/or prevent anyone, particularly MR. REEVES, from providing information to law enforcement agencies, a violation of
Penal Code § 136.1(b)(2).
28. On July 10,2011, the day Kelly Thomas died, JEREMY POPOFF became even more concerned about distancing SLIDEBAR from Kelly Thomas and maintaining his and SLIDEBAR's image, JEREMY POPOFF called MR. REEVES into his office and repeated SLIDEBAR's false mantra: he told MR. REEVES that "SLIDEBAR had nothing to do with what had happened to Kelly Thomas," and, in furtherance of the conspiracy to attempt to dissuade and/or prevent anyone, particularly MR. REEVES, from providing law enforcement agencies with information regarding the crime MR. REEVES had seen JEAN DeMARCO commit with JEREMY POPOFF's authorization and/or ratification, JEREMY POPOFF warned MR. REEVES not to talk to anyone about what had happened, in violation of
Penal Code § 136.1(b)(2) and 182(a)(5). MR. REEVES felt threatened by JEREMY POPOFF'S warnings not to talk to anybody about what he saw, JEREMY POPOFF also informed MR. REEVES that if he had any questions, he could contact JEREMY POPOFF's attorney.
29. Around July 23, 2011, media outlets began to disseminate a photograph of Kelly Thomas in his UC Irvine hospital bed after being beaten by Fullerton Police Officers, At SLIDEBAR, employees and managers, including JOSH SOBOTIK, gathered around a computer and looked at the photograph. JOSH SOBOTIK shrugged off the photograph and said, "Who cares? It's just one less junkie to worry about." JOSH SOBOTIK also made jokes, such as "don't mess with SLIDEBAR," in reference to the logo on merchandise that SLIDEBAR was selling at the
time.
30. On July 27, 2011, several major news outlets reported that the July 5, 2011 beating of Kelly Thomas by Fullerton Police was initiated by reports that Kelly Thomas was breaking into cars. With this news, protestors began standing in front of SLIDEBAR to protest SLIDEBAR's rumored involvement in Kelly Thomas's death. Fearful of what the truth would do to his and SLIDEBAR's image, JEREMY POPOFF acted in furtherance of the conspiracy to dissuade and/or prevent anyone, particularly MR. REEVES, from providing law enforcement with information regarding SLIDEBAR's role in Kelly Thomas's death by removing MR. REEVES from his long-standing position at the front door and placing him in a less-visible position on the outside
patio.
31. On August 2, 2011, six officers from the Fullerton Police Department were placed on paid administrative leave while the Orange County District Attorney's Office continued its investigation into the beating death of Kelly Thomas, That same day, JEANETTE DeMARCO called MR. REEVES into her office and told him that the Orange County District Attorney's Office had contacted SLIDEBAR to speak with anyone who witnessed the Kelly Thomas police beating, and a District Attorney Investigator would be contacting MR. REEVES sometime that week.
32. On the morning of August 3, 2011, MR. REEVES spoke with a District Attorney Investigator regarding the Kelly Thomas police beating.
33. When MR. REEVES showed up for work on the evening of August 3, SLIDEBAR management, including JOSH SOBOTIK, confronted MR. REEVES and asked him if he had talked to the District Attorney Investigator and yet again repeated SLIDEBAR's false mantra: "SLIDEBAR had nothing to do with it," in furtherance of the conspiracy between JEREMY POPOFF and his SLIDEBAR managers to prevent and/or dissuade anyone, particularly MR. REEVES, from providing information to law enforcement agencies. Afraid of losing his job, but not wanting to lie to his supervisors, MR. REEVES told his managers that he preferred not to talk about it and just wanted to do his job.
34. One week later, on August 9, 2011, JEANETTE DeMARCO called MR. REEVES into her office and asked him if he had spoke to the District Attorney Investigator. Boxed into a comer, MR. REEVES told her, "I told the DA investigator the truth about what I saw and heard." JEANETTE DeMARCO turned cold and yelled at MR. REEVES to get out of her office. Later that day, in furtherance of the conspiracy to dissuade and/or prevent anyone from providing information to law enforcement agencies, managers JEANETTE DeMARCO, JOSH STOLO, and JOSH SOBOTIK made an example of MR. REEVES by reprimanding him for talking to the District Attorney Investigator, saying, "the DA records everything you say to them!" and once again repeating SLIDEBAR's false mantra: "SLIDEBAR has nothing to do with this!"
35. From August 9, 2011, forward, JOSH STOLO and JEANETTE DeMARCO continued to punish and make an example of MR. REEVES in furtherance of the conspiracy between JEREMY POPOFF and his managers to dissuade and/or prevent MR. REEVES from providing additional information to law enforcement agencies and to dissuade and/or prevent other witnesses from speaking to law enforcement. They constantly ridiculed his performance: they told him he was too friendly with bar patrons; then, minutes later, they told him he was "too standoffish." They also criticized his appearance, which had not changed throughout the 17 months he worked at SLIDEBAR, telling him that he was "too intimidating."
36. In mid-August 2011, local bloggers began to post articles online that accused SLIDEBAR of instigating the Kelly Thomas beating by falsely reporting to the Fullerton Police that Kelly Thomas was breaking into cars. On August 21, 2011, the website Friends of F\J1lerton's Future.org posted an article entitled "The Phone Call. Was it made? If so, by whom? And Why?"
The article begins,
From the very beginning of the Kelly Thomas beating death at the hands, Tasers, fist and feet of the Fullerton Ponce Department, that department's spokes[person], Sergeant Andrew Goodrich told the public that the fateful incident was initiated with a phone call: a phone call to the dispatcher stating that somebody was breaking into cars in the vicinity of the Transportation Center.
The article generated more than 300 reader comments within 24 hours. Among the first comments was the following:
Jeremy [POPOFF] didn't make the call. A SLIDEBAR manager did. That person feels awful for following Jeremy [POPOFF]'s policy to call FPD in a particular manner (reporting that a crime is in progress) that allows them to be aggressive from the get-go. I believe this method was developed between Jeremy [POPOFF] and his FPD cronies because Jeremy [POPOFF] thinks the homeless scum is bad for his business.
On August 23, 2011, the online magazine OC Weekly.com posted an article entitled
"Sources: SLIDEBAR Placed Call Resulting in Kelly Thomas' Death," which reported that a SLIDEBAR manager told the Fullerton Police Dispatcher that Kelly Thomas was breaking into cars:
Many names have been bandied around on message boards and during the weekly Saturday protests that have occurred outside the Fullerton Police Station since his death, but sources tell the
Weekly the phone call came from downtown Fullerton's popular SLIDEBAR Rock-n-Roll Kitchen, co-owned by Jeremy Popoff of Lit fame.
37. The negative press directed at SLIDEBAR fueled JEREMY POPOFF's fears that his and SLIDEBAR’s reputation would be tarnished if the public and law enforcement discovered SLIDEBAR’s role in the death of Kelly Thomas, so, to dissuade and/or prevent MR. REEVES from providing additional information to law enforcement agencies, and to dissuade and/or prevent others from speaking to law enforcement agencies, JEREMY POPOFF punished and made an example of MR. REEVES by taking away his privilege of driving the company van to promotional events and giving the privilege to another security guard who had not spoken to law enforcement. Although MR. REEVES was upset by the unfair treatment he was receiving as a result of his refusal to participate in SLIDEBAR’s scheme of denying its involvement in Kelly Thomas's death, he continued to work hard and do his job.
38. By mid-September 2011, the Orange County District Attorney's Office was near the conclusion of its investigation into Kelly Thomas's death and was expected to make a public statement of its findings during the week of September 19, 2011. Anxious about the announcement, JEREMY POPOFF called MR. REEVES into his office and, in yet another effort to dissuade and/or prevent MR. REEVES from providing information to law enforcement agencies about SLIDEBAR's involvement in Kelly Thomas's death, JEREMY POPOFF repeated yet again his false mantra: "SLIDEBAR had nothing to do with Kelly Thomas's death." When MR. REEVES still did not give in to SLIDEBAR’s false mantra, JEREMY POPOFF tried to get MR. REEVES to leave town while Kelly Thomas's case was on the verge of breaking by offering MR. REEVES a two-week "vacation." MR. REEVES felt threatened by JEREMY POPOFF'S statements since JEREMY POPOFF repeatedly urged MR. REEVES to "get out of town," MR. REEVES declined the "vacation" offer.
39. On September 21, 2011, the Orange County District Attorney announced that he had filed criminal charges against two of the Fullerton Police officers involved in the beating death of Kelly Thomas. Officer Manuel Ramos was charged with one felony count of second-degree murder and one felony count of involuntary manslaughter. Corporal Jay Cicinelli was charged with one felony count of involuntary manslaughter and one felony count of the use of excessive force.
40. JEREMY POPOFF and SLIDEBAR had ratified JEANETTE DeMARCO's actions by refusing to discipline or terminate her and by conspiring with SLIDEBAR managers to obstruct justice and the due administration of the laws by dissuading and/or preventing witnesses, particularly MR. REEVES, from providing information to law enforcement agencies, in violation of
Penal Code §§ 136.1(b)(2) and 182(a)(5). Afraid of what criminal liability would do to his and SLIDEBAR's image, JEREMY POPOFF decided it was not enough to intimidate MR. REEVES into silence; MR. REEVES had to be terminated from his
employment.
41. MR. REEVES was terminated on September 23, 2011, two days after the District Attorney announced that he was pursuing criminal charges against the Fullerton Police Officers. On the evening of September 23, 2011, MR. REEVES was working the side gate on the outside patio of SLIDEBAR. SLIDEBAR featured live music that evening, so SLIDEBAR patrons were given distinct wristbands to prove that they had shown their identification, and so they could exit the bar and return without showing identification again. While positioned at the side gate, three female patrons with wristbands approached MR. REEVES from outside the patio and informed MR. REEVES that they had just gone to their cars to drop off their purses-as female patrons often did-and "JOSH with the hat [JOSH STOLOJ told us we could come back in this way without waiting in line." Patrons with wristbands were commonly let back in through the side gate, so, after checking their wristbands, MR. REEVES allowed the patrons to reenter SLIDEBAR. When JOSH STOLO learned that MR. REEVES had allowed the patrons to enter through the side gate, he sent MR. REEVES home early.
42. The next day, September 24, 2011, JOSH SOBOTIK called MR. REEVES and told him that he was fired and needed to come into the office to get his final paycheck. When MR. REEVES arrived at SLIDEBAR, JOSH SOBOTIK was waiting for him with his termination papers, which were signed by JEANETTE DeMARCO. SLIDEBAR's claim that MR. REEVES was terminated for "insubordination" and "violating company policy" is the very definition of pretext because SLIDEBAR commonly allowed patrons with wristbands to reenter through the side gate.
The truth is that MR. REEVES refused to adopt JEREMY POPOFF's and SLIDEBAR's false mantra that "SLIDEBAR had nothing to do with Kelly Thomas's death," and when JEREMY POPOFF, SLIDEBAR, and SLIDEBAR's managers realized that Fullerton Police Officers were facing criminal charges and possibly jail time for Kelly Thomas's death, and that they, too, could face legal consequences for their involvement, not to mention the harm it would cause to SLIDEBAR's and JEREMY POPOFF's images, they decided to terminate MR. REEVES to keep him and law enforcement investigators as far away from SLIDEBAR as possible.
43. Due to his unlawful termination, MR. REEVES lost his only source of income in the midst of the worst economic downturn in more than seventy years. This injustice has forced MR. REEVES to rely on his sister for housing and financial support, while MR. REEVES continues to look for work. The reality that MR. REEVES was targeted and terminated-and is now unemployed-for upholding his duty to provide important information to the District Attorney's Office as an eyewitness to the false police report has caused MR. REEVES to suffer significant emotional distress.
44. SLIDEBAR retaliated against MR. REEVES by wrongfully terminating his employment in violation of Public Policy,
Labor Code § 1102.5, Penal Code § 148.3, Penal Code §
148.5, Penal Code § 182(a)(2), Penal Code § 182(a)(5),
Penal Code § 653y, and other applicable laws and regulations for unlawful reasons including, but not limited to:
A. MR. REEVES's opposition to and refusal to participate in SLIDEBAR's negligent and/or intentional scheme to violate California law, including but not limited to
Penal Code §§ 148.3(c), 148.5, 653y; by making reports to police officers while knowing that the report is false;
B. MR. REEVES's opposition to and refusal to participate in SLIDEBAR's negligent and/or intentional scheme to violate California law, including but not limited to
Penal Code §§ 148.3(a), (b), by making reports to police officers of the existence of an "emergency," knowing that the report is false;
C. MR. REEVES's opposition to and refusal to participate in SLIDEBAR's negligent and/or intentional scheme to violate California law, including but not limited to
Penal Code § 148.5, by reporting to a peace officer engaged in the performance of his or her duties as a peace officer, that a felony or misdemeanor had been committed, knowing the report to be false, and knowing that the person receiving the information was a peace officer;
D. MR. REEVES's opposition to and refusal to participate in SLIDEBAR's negligent and/or intentional scheme to violate California law, including but not limited to
Penal Code § 653y by using and/or allowing the use of the 911 telephone system for reasons other than because of an emergency;
E. MR. REEVES's opposition to and refusal to participate in SLIDEBAR's negligent and/or intentional scheme to violate California law, including but not limited to
Penal Code § 182(a)(2), by conspiring to violate Penal Code §§ 148.3 and
148.5 by committing the crime of making false police reports;
F. MR. REEVES's opposition to and refusal to participate in SLIDEBAR's negligent and/or intentional scheme to violate California law, including but not limited to
Penal Code § 182(a)(2), by conspiring to falsely and maliciously cause Kelly Thomas to be arrested for the crime of breaking into cars;
G. MR. REEVES's opposition to and refusal to participate in SLIDEBAR's negligent and/or intentional scheme to violate California law, including but not limited to
Penal Code § 182(a)(5), by conspiring to provide false material information to, and/or withholding true material information from, the District Attorney and/or Deputy District Attorneys, and/or other peace officers pertaining to SLIDEBAR's knowingly false police reports to peace officers regarding Kelly Thomas, where such reports caused police to come to the scene under false pretenses at which point the police interacted with Kelly Thomas and Mr. Thomas died;
H. MR. REEVES's refusal to participate in SLIDEBAR's negligent and/or intentional scheme to violate California law, including but not limited to
Penal Code § 136.1(b), by attempting to prevent or dissuade witnesses from providing information to the District Attorney, Deputy District Attorneys, and/or other peace officers investigating the brutal police beating and subsequent death of Kelly
Thomas.
FIRST CAUSE OF ACTION
MR. REEVES's Claim for Wrongful Termination in violation of
Labor Code §1102.5 and
Public Policy against SLIDEBAR and DOES 1-50
45. MR. REEVES incorporates herein by reference Paragraphs 1 through 44, inclusive, of the Complaint as though fully set forth herein,
46. MR. REEVES was employed by SLIDEBAR as a Security Guard on the date of his wrongful termination,
47. On September 23, 2011, SLIDEBAR wrongfully terminated MR. REEVES in violation of
Labor Code § 1102.5 and Public Policy because MR. REEVES opposed and refused to participate in SLIDEBAR's violations of public policy as codified in applicable state and federal laws and regulations including, but not limited to,
Penal Code § 136.1(b), 148.3, Penal Code § 148.5,
Penal Code § 182(a)(2), Penal Code § 182(a)(5), and Penal Code §
653y, The intent of many of these laws and regulations is to ensure the safety of the public at large and to promote the efficient functioning of law enforcement and prosecution in the justice system. The public policy behind these state and federal laws and regulations was firmly established at the lime of MR. REEVES's termination and these public policies are substantial and fundamental.
48. MR. REEVES was severely harmed by SLIDEBAR's wrongful termination of his employment, and SLIDEBAR'S termination was a substantial factor in causing MR. REEVES's harm.
49. As a direct foreseeable and proximate result of SLIDEBAR's unlawful actions, MR. REEVES suffered, and continues to suffer, substantial losses of earnings, bonuses, and job benefits, and expenses incurred in the search for comparable employments and MR. REEVES has suffered, and continues to suffer extreme and severe anguish, humiliation, emotional distress, nervousness, tension, anxiety and depression, the extent of which is not fully known at this time, and the amount of damage caused by Defendant's conduct is not fully ascertained, the amount of which will be proven at Trial, but at least $4,000,000.
50. Through its officers, directors, and/or managing agents, directly as well as by their authorization and/or ratification, SLIDEBAR conducted itself with a conscious disregard of MR. REEVES's rights and with the intent to vex, injure or annoy MR. REEVES, such as to constitute oppression, fraud
or malice, entitling MR. REEVES to exemplary or punitive damages in an amount appropriate to punish SLIDEBAR, These oppressive, fraudulent and malicious actions include, but are not limited to the following:
A. The actions taken by JEREMY POPOFF and SLIDEBAR's managers in furtherance of their conspiracy to obstruct justice and the due administration of the laws by repeatedly attempting to dissuade and/or prevent anyone, particularly MR. REEVES, from providing law enforcement agencies with information regarding the false police report given by SLIDEBAR manager JEANETTE DeMARCO with JEREMY POPOFF's authorization, which MR. REEVES witnessed, by persistently warning MR. REEVES that "SLIDEBAR had nothing to do with Kelly Thomas's death";
B. The actions taken by JEREMY POPOFF and SLIDEBAR managers in furtherance of their conspiracy to obstruct justice and the due administration of the laws by repeatedly attempting to dissuade and/or prevent anyone, particularly MR. REEVES, from providing law enforcement agencies with information regarding the false police report given by SLIDEBAR manager JEANETTE DeMARCO with JEREMY POPOFF's authorization, which MR. REEVES witnessed, by punishing and making an example of MR. REEVES for providing information to the District Attorney Investigator by removing MR. REEVES form his long-standing position at the front of SLIDEBAR to a less-visible position on the outdoor patio, by unduly criticizing and critiquing MR. REEVES's performance and appearance, and by taking away MR. REEVES's privilege of driving the company vehicle to promotional events and giving the privilege to another security guard who did not speak to the District Attorney
Investigator.
C. The wrongful termination of MR. REEVES due to his opposition to and refusal to participate in SLIDEBAR's numerous violations of state and federal law, including JEREMY POPOFF and SLIDEBARs' conspiracy to make false police reports
(Penal Code § 182(a)(1)), JEREMY POPOFF and SLIDEBARs' conspiracy to falsely and maliciously cause Kelly Thomas to be
arrested for a crime (Penal Code § 182(a)(2)); JEREMY POPOFF and SLIDEBARs' conspiracy to obstruct justice and the due administration of the laws by dissuading witnesses from providing information to law enforcement agencies
(Penal Code § 182(a)(5)); JEREMY POPOFF and SLIDEBARs' attempts to
dissuade and/or prevent witnesses from providing information to law enforcement agencies through constant warnings that "SLIDEBAR had nothing to do with Kelly Thomas's death"
(Penal Code § 136.1(b)(2)); JEANETTE DeMARCO's knowingly false police report, which was authorized and ratified by JEREMY POPOFF and SLIDEBAR
(Penal Code §§ 148.3(a); 148.5(a); and 653y).
51. MR. REEVES claims the amount, together with prejudgment interest pursuant to Civil Code §3287, and pursuant to any other provision of law providing for prejudgment interest, post judgment interest, costs and attorney's fees.
SECOND CAUSE OF ACTION
MR. REEVES's Claim for Breach of the Implied Covenant of Good Faith and Fail' Dealing
Against SLIDEBAR and DOES 1-50
52. MR. REEVES incorporates herein by reference Paragraphs I through 51, inclusive, of the Complaint as though fully set forth herein.
53. As a result of the employment relationship which existed between MR. REEVES and SLIDEBAR the expressed and implied promises made in connection with that relationship, and the acts, conduct, and communications resulting in these implied promises, SLIDEBAR promised to act in good faith toward and deal fairly with MR. REEVES which requires, among other things, that:
(a) Each party in the relationship must act with good faith toward the other concerning all matter related to the employment;
(b) Each party in the relationship must act with fairness toward the other concerning all matters related to the employment;
(c) Neither party would take any action to unfairly prevent the other from obtain the benefits of the employment relationship.
(d) SLIDEBAR would similarly treat employees who are similarly situated;
(e) SLIDEBAR would comply with its own representations, rules, policies, and procedures, and follow and not violate laws, regulations and legally required policies, in dealing with MR. REEVES;
(f) SLIDEBAR would not terminate MR. REEVES without a fair and honest cause, regulated by good faith on SLIDEBAR's part;
(g) SLIDEBAR would not terminate MR. REEVES in an unfair manner; and
(h) SLIDEBAR would give MR. REEVES's interests as much consideration as it gave its own interest.
54. SLIDEBAR breached the implied covenant of good faith and fair dealing with MR. REEVES by demoting MR. REEVES from his long-standing position at the front of SLIDEBAR, by taking away MR. REEVES's employment privileges, including the privilege of driving the company vehicle; by verbally harassing MR. REEVES and critiquing his job performance; by singling MR. REEVES out for additional
admonishment regarding SLIDEBAR's direct or indirect culpability in the death of Kelly Thomas; by violating California and Federal laws in its treatment of MR. REEVES; by making an example of MR. REEVES for participating in the District Attorney's criminal investigation of the death of Kelly Thomas; and by ultimately terminating MR. REEVES's employment, where all such actions were made in bad faith for the
purpose of denying MR. REEVES the benefits of his employment and to punish MR. REEVES for refusing to be complicit in SLIDEBAR's unlawful actions, including but not limited to SLIDEBAR's authorization and ratification of the false police report that initiated police response and such response ultimately resulted in Kelly Thomas's death, and SLIDEBAR's subsequent efforts to conceal its involvement in the Kelly Thomas debacle.
55. SLIDEBAR's breach of the covenant of good faith and fair dealing was a substantial factor in causing damage and injury to MR. REEVES. As a direct foreseeable and proximate result of SLIDEBAR's unlawful actions, MR. REEVES suffered, and continues to suffer, substantial losses of earnings, bonuses, and job benefits, and expenses incurred in the search for comparable employments and MR. REEVES has suffered, and continues to suffer extreme and severe anguish, humiliation, emotional distress, nervousness, tension, anxiety and depression, the extent of which is not fully known at the time, and the amount of damage caused by Defendant's conduct is not fully ascertained, the amount of which will be proven at Trial, but at least $4,000,000. MR. REEVES claims the amount, together with prejudgment interest pursuant to Civil Code §3287, and pursuant to any other provision of law providing for prejudgment interest, costs and attorney’s fees.
THIRD CAUSE OF ACTION
MR. REEVES's Claim for Intentional Infliction of Emotional Distress Against All Defendants
56. Plaintiff incorporates herein by reference Paragraphs 1 through 55, inclusive, of the Complaint as though fully set forth herein.
57. Throughout the course of his employment, Defendants wrongfully and intentionally inflicted emotional distress on MR. REEVES when it harassed, discriminated against, and retaliated against MR. REEVES because MR. REEVES opposed and refused to participate in SLIDEBAR's violations of public policy as codified in applicable state and federal laws including, but not limited to,
Penal Code § 136.1(b), 148.3, Penal Code § 148.5,
Penal Code § 182(a)(2), Penal Code § 182(a)(5), and Penal Code §
653y. The intent of many of these laws and regulations is to ensure the safety of the public at large and to promote the efficient functioning of law enforcement and prosecution in the justice system.
58. Defendants attempted to dissuade and/or prevent MR. REEVES from providing information to law enforcement agencies regarding the false police report that he witnessed by warning MR. REEVES not to talk to anyone about Kelly Thomas or the false police report and repeatedly telling MR. REEVES that SLIDEBAR had nothing to do with Kelly Thomas's death.
59. When MR. REEVES would not be dissuaded or prevented by the Defendants' constant warnings and admonitions, the Defendants set out to punish and make an example of MR. REEVES by taking away, one by one, MR. REEVES's privileges of employment, including his position at the front of SLIDEBAR, his responsibility of driving the company vehicle to promotional events, and, eventually, his employment at SLIDEBAR, in order to dissuade and/or prevent others from providing information to law enforcement agencies.
60. JEREMY POPOFF instigated and helped carry out a deliberate plan of intimidation against MR. REEVES in order to attempt to frighten MR. REEVES into not reporting the false report to the police by a SLIDEBAR manager. On the date of Kelly Thomas' death, July 10, 2012, JEREMY POPOFF personally threatened MR. REEVES when he warned MR. REEVES not to speak to anybody about the false police report by a SLIDEBAR manager that led to the death of Kelly Thomas. Later in mid-September 2011, JEREMY POPOFF personally threatened MR. REEVES when he repeatedly
instructed MR. REEVES to "get out of town" despite MR. REEVES repeatedly stating that he did not want to leave.
61. The Defendants' conduct was intentional, outrageous, malicious, oppressive, fraudulent and done with ill will and with the intent of causing MR. REEVES to suffer humiliation, mental anguish, and emotional and physical distress. Defendants acted with reckless disregard of the probability that MR. REEVES would suffer emotional distress by the conduct.
62. Defendants' conduct was so severe and outrageous that as a proximate result, MR. REEVES has suffered, and continues to suffer extreme and severe anguish, humiliation, emotional distress, nervousness, tension, anxiety, and depression, the extent of which is not fully known at the time, and the amount of damage caused by Defendant's conduct is not fully ascertained, but in an amount in excess of $4,000,000,the precise amount of be proven at the time of trial.
63. Through its officers, directors, and/or managing agents, directly as well as by their authorization and/or ratification, SLIDEBAR conducted itself with a conscious disregard of MR. REEVES's rights and with the intent to vex, injure
or annoy MR. REEVES, such as to constitute oppression, fraud or malice, entitling MR. REEVES to exemplary or punitive damages in an amount appropriate to punish SLIDEBAR. These oppressive, fraudulent and malicious actions include, but are not limited to, the following;
A. The actions taken by JEREMY POPOFF and SLIDEBAR managers in furtherance of their conspiracy to
obstruct justice and the due administration of the laws by repeatedly attempting to dissuade and/or prevent anyone, particularly MR. REEVES, from providing law enforcement agencies with information regarding the false police report given by SLIDEBAR manager JEANETTE DeMARCO with JEREMY POPOFF's authorization, which MR. REEVES witnessed, by persistently warning MR. REEVES that "SLIDEBAR had nothing to do with Kelly Thomas's death";
B. The actions taken by JEREMY POPOFF and SLIDEBAR managers in furtherance of their conspiracy to obstruct justice and the due administration of the laws by repeatedly attempting to dissuade and/or prevent anyone, particularly MR. REEVES, from providing law enforcement agencies with information regarding the false police report given by SLIDEBAR manager JEANETTE DeMARCO with JEREMY POPOFF's authorization, which MR. REEVES witnessed; by punishing and making an example of MR. REEVES for providing information to the District Attorney Investigator by removing MR. REEVES form his long-standing position at the front of SLIDEBAR to a less-visible position on the outdoor patio; by unduly criticizing and critiquing MR. REEVES's performance and appearance; and by taking away MR. REEVES's privilege of driving the company vehicle to promotional events and giving the privilege to another security guard who did not speak to the District Attorney
Investigator.
C. The wrongful termination of MR. REEVES due to his opposition to and refusal to participate in SLIDEBAR's numerous violations of state and federal law, including JEREMY POPOFF and SLIDEBARs' conspiracy to make false police reports
(Penal Code § 182(a)(1)), JEREMY POPOFF and SLIDEBARs' conspiracy to falsely and maliciously cause Kelly Thomas to be arrested for a crime
(Penal Code § 182(a)(2)); JEREMY POPOFF and SLIDEBARs' conspiracy to obstruct justice and the due administration of the laws by dissuading witnesses from providing information to law enforcement agencies
(Penal Code § 182(a)(5)); JEREMY POPOFF and SLIDEBARs' attempts to dissuade and/or prevent witnesses from providing information to law enforcement agencies through constant warnings that "SLIDEBAR had nothing to do with Kelly Thomas's death"
(Penal Code § 136.1 (b)(2)); and JEANETTE DeMARCO's knowingly false police report, which was authorized and ratified by JEREMY POPOFF
(Penal Code §§ 148.3(a), (b); 148.5(a); and 653y).
FOURTH CAUSE OF ACTION
MR. REEVES's Claim for Negligent Infliction of Emotional Distress against All Defendants
64. Plaintiff incorporates herein by reference Paragraphs I through 63, inclusive, of the Complaint as though fully set forth herein.
65. Throughout the course of his employment, Defendants wrongfully and negligently inflicted emotional distress on MR. REEVES when it harassed, discriminated against, and retaliated against MR. REEVES because MR. REEVES opposed and refused to participate in SLIDEBAR’s violations of public policy as codified in applicable state and federal laws including, but not limited to,
Penal Code § 136.1(b), 148.3, Penal Code § 148.5,
Penal Code § 182(a)(2), Penal Code § 182(a)(5), and Penal Code §
653y. The intent of many of these laws and regulations is to ensure the safety of the public at large and to promote the efficient functioning of law enforcement.
66. Defendants attempted to dissuade and/or prevent MR. REEVES from providing information to law enforcement agencies regarding the false police report that he witnessed and the beating and death of Kelly Thomas that was a direct result of the false police report by repeatedly warning MR. REEVES not to talk to anyone about Kelly Thomas
or the false police report and by repeatedly telling MR. REEVES that SLIDEBAR had nothing to do with Kelly Thomas's death.
67. When MR. REEVES would not be dissuaded or prevented by the Defendants' constant warnings and admonitions, the Defendants set out to punish and make an example of MR. REEVES by taking away, one by one, MR. REEVES's privileges of employment, including his position at the front of SLIDEBAR, his responsibility of driving the company vehicle to promotional events, and, eventually, his employment at SLIDEBAR, in order to dissuade and/or prevent others from providing information to law enforcement agencies.
68. JEREMY POPOFF instigated and helped carry out a plan of intimidation against MR. REEVES in order to attempt to frighten MR. REEVES into not reporting the false report to the police by a SLIDEBAR manager. On the date of Kelly Thomas' death, July 10, 2012, JEREMY POPOFF personally threatened MR. REEVES when he warned MR. REEVES not to speak to anybody about the false police report by a SLIDEBAR manager that led to the death of Kelly Thomas. Later in mid-September 2011, JEREMY POPOFF personally threatened MR. REEVES when he repeatedly instructed MR. REEVES to "get out of town" despite MR. REEVES repeatedly stating that he did not want to leave.
69. Defendants' conduct was outrageous, malicious, oppressive, fraudulent and done with ill will and Defendants should have reasonably known that it would cause MR. REEVES to suffer humiliation, mental anguish, and emotional and physical distress, Defendants' actions were negligent in disregarding the probability that MR. REEVES would suffer emotional distress by their conduct.
70. Defendants' conduct was so severe and outrageous that as a proximate result, MR. REEVES has suffered, and continues to suffer extreme and severe anguish, humiliation, emotional distress, nervousness, tension, anxiety, and depression, the extent of which is not fully known at the time, and the amount of damage caused by Defendant's conduct is not fully ascertained, but in an amount in excess of$4,000,000, the precise amount of be proven at the time of trial.
PRAYER FOR RELIEF
Wherefore, MR. REEVES prays judgment as follows:
As to the FIRST CAUSE OF ACTION against SLIDEBAR and DOES I-50 for violations of
Labor Code §1102.5 and Public Policy:
1. For all general damages and special damages, direct damages, incidental damages, and consequential damages, in an amount exceeding the jurisdictional minimum of the court, which amount is to be adduced according to proof at trial, but which shall not be less than $4,000,000; and,
2. For punitive and exemplary damages in an amount according to proof and subject to constitutional restrictions.
As to the SECOND CAUSE OF ACTION against SLIDEBAR and DOES 1-50 for Breach of Covenant of Good Faith and Fair Dealing:
1. For all general damages and special damages, direct damages, incidental damages, and consequential damages, in an amount exceeding the jurisdictional minimum of the court, which amount is to be adduced according to proof at trial, but which shall not be less than $4,000,000,
As to the THIRD CAUSE OF ACTION against All Defendants for Intentional Infliction of Emotional Distress:
1. For all general damages and special damages, direct damages, incidental damages, and consequential damages, in an amount exceeding the jurisdictional minimum of the court, which amount is to be adduced according to proof at trial, but which shall not be less than $4,000,000; and,
2. For punitive and exemplary damages in an amount according to proof and subject to constitutional restrictions,
As to the FOURTH CAUSE OF ACTION against All Defendants for Negligent Infliction of Emotional Distress:
1. For all general damages and special damages, direct damages, incidental damages, and consequential damages, in an amount exceeding the jurisdictional minimum of the court, which amount is to be adduced according to proof at trial, but which shall not be less than $4,000,000.
As to ALL CAUSES OF ACTION:
1. For those Causes of Action allowing attorneys fees, reasonable attorneys fees; and
2. For prejudgment and post judgment interest; and
3. For costs of suit; and,
4. For such other further and further relief as the court may deem proper.
Respectfully submitted,
By:
Stephen Warren Solomon
Stephen Allen Jamieson
Ryan M. Kroll
D. Andrew Quigley
Attorneys for MICHAEL REEVES
Dated: June 8, 2012
Solomon Saltsman & Jamieson are attorneys
practicing in the areas of ABC law, ABC Appeals Board cases, and all
related Land Use Matters such as City and County Conditional Land Use
Permits, Variances, Police and Fire Permits, Entertainment Law, Gaming
Law, as well as Personal Injury litigation. Solomon Saltsman &
Jamieson can be contacted at 800-405-4222.
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