SUMMONS (CITA ClON JUDICIAL)

NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): ASTECH ENGINEERED PRODUCTS, INC. A California Corporation

YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): SHAWN SHIRVAN, An Individual.

SUM-1 00

(SOLO PARA US0 DE LA CORTE)

FILED SUPERIOR COURT OF CALIFORNIA

COUNTY OF ORANGE CENTRALJUSTICECENTER

Alj@ 07' 2008 ALAN SIATCW, Clerk et the ~ d u r t

BY: F. IBAWFjA -. - -,DEPUTY

You have 30 CALENDAR DAYS after this summons and legal papers are sewed on you to file a written response at thls court and have a copy sewed on the plaintiff. A letter or phone call will not protect you. Yourwritten response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can flnd these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.govlselfhelp), your county law library, or the courthouse nearest you. If you cannot pay the flllng fee, ask the court clerk for a fee walver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken wlthout further warning from the court.

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral sewlce. If you cannot afford an attorney, you may be ellglble for free legal services from a nonproflt legal services program. You can locate these nonproflt groups at the Callfornla Legal Services Web site (www.lawhelpcallfornla.org), the Callfornla Courts Online Self-Help Center (www.courtlnfo.ca.govlselfhelp), or by contactlng your local court or county bar assoclatlon.

801 N. Parkcenter drive, Suite 92705, (714) 542-2265

DATE: A@ 07 2008 Clerk, by , Deputy

(Fecha) (Secretario) (Adiunto)

Tiene 30 D~AS DE CALENDAR10 despu6s de que le entreguen esta citaci6n y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia a1 demandante. Una carta o una llamada telef6nica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usarpara su respuesta. Puede encontrar estos formularlos de la corte y mds informaci6n en el Centro de Ayuda de 18s Cortes de California (www.courtinfo.ca.gov/selfhelp/espanoll), en la biblioteca de leyes de so condado o en la corte que le quede mds cerca. Si no puede pagar la cuota de presentaci6n, pida a1 secretario de la corte que le dB un formulario de exenci6n de pago de cuotas. SI no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podrd quitar su sueldo, dinero y bienes sin mas advertencia.

Hay otros requlsitos legales. Es recomendable que llame a un abogado inmedlatamente. SI no conoce a un abogado, puede llamar a un servicio de remisidn a abogados. SI no puede pagar a un abogado, es posible que cumpla con 10s requisitos para obtener servicios legales gratuitos de un program8 de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifomia.org), en el Centro de Ayuda de /as Cortes de California, (www.courtinfo.ca.gov/selfhelp/espanoll) o ponibndose en contact0 con la corte o el colegio de abogados local

. . . (For proof of service of this summons, use Proof of Service of Summons (form POS-OIO).) (Para prueba de entrega de esta citatibn use el formulario Proof of Service of Summons, (POS-010)).

NOTICE TO THE PERSON SERVED: You are served 1. 0 as an individual defendant. 2. 0 as the person sued under the fictitious name of (specify):

The name and address of the court is: (El nornbre y direccibn de la corte es):

I 1 3. on behalf of (specify):

CASE NUMBER (NJmero de' Caso).

under: CCP 416.10 (corporation) 0 CCP 416.60 (minor) [ CCP 416.20 (defunct corporation) 0 CCP 416.70 (conservatee) 0 CCP 416.40 (association or partnership) 0 CCP 416.90 (authorized person)

Orange Couilty Superior Court, Central Justice Center 700 Civic Center Drive West Santa Ana, California 9270 1

The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: O O I 1 0 5 0 3 (El nombre, la direccibn y el nfimero de tel6fono del abogado del demandante, o del demandante que no tiene abogado, es): David V. Jafari, Esq. Jafari Law Group, Inc.

other (specify): 4. by personal delively on (date): h U & 8, -

- -- Page I of I Form Adopted for Mandatoiy Use

Judicial Cwncil of Califom'a Code of Civil Procedure $5 412.20,485

SUM.-100 [Rev. Jantary 1,2004] SUMMONS I h o r i c a n LegalNet, Inc. I lmvw.US~our t~arms.co~

ATTORNEY OR PARTY MTHOUT AITORNEY (Name. State Bar number, end addres$: t Bahram Niknia, SBN: 256 18 1 Jafari Law Grou~. P.C.

Santa Ana, CA 92705 TELEPHONE NO.: 714-542-2265 FAX NO.: 714-542-2286

ATTORNEY FOR (Name): SHAWN SHIRVAN SUPERIOR COURT OF CALIFORNIA. COUNTY OF

STREETADCRESS: 700 Civic Center Drive West

FOR COURT USEONLY

MAILING ADDRESS

CITY AND ZIPCODE Santa Ana, 9270 1 sw\Ncn NAME Central Justice Center

CASE NAME.

. . Auto Tort Contract

Auto (22) Breach of contractharranty (06)

0 Uninsured motorist (46) 0 Rule 3.740 collections (09)

Other PllPDMID (Personal InjurylProperty I Other collections (09) DamageMIrongful Death) Tort I Insurance coverage (18) I Asbestos (04) 0 Other contract (37) I Product liability (24) Real Property

Medical malpractice (45) 0 Eminent domainllnverse I Other PIIPDIWD (23) condemnation (14)

Non-PIIPDMID (Other) Tort 0 Wrongful eviction (33)

a Business tortlunfair business practice (07) 0 Other real property (26) Civil rights (08) Unlawful Detalner

( Defamation ( I 3) 0 Commercial (31)

1 Fraud (16) 0 Residential (32)

I Intellectual property (19) I Drugs (38)

Professional negligence (25) Judlclal Revlew n Other non-PIIPDMID tort (35) I Asset forfeiture (05)

Employment 0 Petition re: arbitration award (1 1)

Wrongful termination (36) 0 Writ of mandate (02)

BY

Provisionally Complex Clvll Lltigatlon ICal. Rules of Court. rules 3.400-3.403)

CASE NUMBER:

JUDGE:

DEPT:

SHAWN SHIRVAN vs. ASTECH ENGINEERED PRODUCTS, INC.

AntitrustTTrade'regulation (03) . 0 Construction defect (10) 0 Mass tort (40)

0 Securities litigation (28) 0 Environmentalrroxic tort (30)

Insurance coverage claims arising from the above listed provisionally complex case types (41)

Items 1-6 below must be completed (see instructions on page 2). 11. Check one box below for the case type that best describes this case:

CIVIL CASE COVER SHEET Unlimited Limited (Amount (Amount demanded demanded is exceeds $25,000) $25,000 or less)

Enforcement of Judgment

Complex Case Designation

Counter Joinder Filed with first appearance by defendant

(Cal. Rules of Court, rule 3.402)

u Enforcement of judgment (20)

Miscellaneous Civil Complaint 0 RRIO (27)

0 Other complaint (not specified above) (42)

Mlscellaneous Clvll Petltlon 0 Partnership and corporate governance (21) 0 Other petition (not specified above) (43)

1 Other employment (15) Other judicial review (39) I

2. This case is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors reauirina exceptional iudicial management: . - - a. 0 Large number of separately represented parties d. 0 Large number of witnesses b. Extensive motion practice raising difficult or novel e. 0 Coordination with related actions pending in one or more courts

issues that will be'time-consuming to resolve in other counties, states, or countries, or in a federal court c. 0 Substantial amount of documentary evidence f. 0 Substantial postjudgment judicial supervision

3. Remedies sought (check all that apply): a . m monetary b. nonmonetary; declaratory or injunctive relief c. El 4. Number of causes of action (spec@): 6 5. This case is is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You iy+y use,@rm CM-015.)/

Date: August 7,2008 Bahram Niknia .- (TYPE OR PRINT NAME) - / W A ' T U R E OF PARM OR ATTORNEY &- FOR PAR'IY)

NOTICE - . - - . . - - Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. File this cover sheet in addition to any cover sheet required by local court rule. If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. Unless this is a collections case under rule 3.740 or a com~lex case, this cover sheet will be used for statistical Durposes only.

Arnencan LegalNet, Inc. [w;FomsWorMlow.corn(

CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET

To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: ( I ) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provlslonally Complex Clvll Lltlgatlon (Cal.

Auto (22)-Personal InjurylProperty Breach of ContracWVarranty (06) Rules of Court Rules 3.400-3.403) DamagefWrongful Death Breach of RentallLease Antitrust'Trade Regulation (03)

Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject to ContractlWarranty Breach-Seller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) Environmentalfroxic Tort (30) instead of Auto) Negligent Breach of Contract1 Insurance Coverage Claims

Other PllPDNVD (Personal Injury1 Warranty (arising from provisionally complex Property DamageNVrongful Death) Other Breach of ContracWarranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment

Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection Case-Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury1 Other Promissory NotelCollections County)

Wrongful Death Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations)

toxic/environmental) (24) complex) (1 8) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award

Medical Malpractice- Other Coverage (not unpaid taxes) Physicians & Surgeons Other Contract (37) Petitionlcertification of Entry of

Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment

Other PilPDNVD (23) Real Property Case

Premises Liability (e.g., slip Eminent Domainllnverse Mlscellaneous Clvll Complaint

and fall) Condemnation (14) RlCO (27) Intentional Bodily InjurylPDNVD Wrongful Eviction (33) Other Complaint (not specified

(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42)

Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non-

Negligent Infliction of Quiet Title harassment)

Emotional Distress Other Real Property (not eminent Mechanics Lien Other PllPDfWD domain, IandlordRenant, or Other Commercial Complaint

Non-PIIPDNVD (Other) Tort foreclosure) Case (non-tort/noncomplex)

Unlawful Detalner Other Civil Complaint Business TorVUnfair Business

Commercial (31) (non-tort/non-complex)

Practice (07) Miscellaneous Civil Petition Civil Rights (e.g., discrimination, Residential (32)

false arrest) (not civil Partnership and Corporate

Drugs (38) (if the case involves illegal harassment) (08)

Governance (21) drugs, check this item; ofhenvise,

Defamation (e.g., slander, libel) Other Petition (not specified

report as Commercial or Residential) (1 3) Judlclal Review

above) (43)

Fraud (1 6) Civil Harassment

Asset Forfeiture (05) Intellectual Property (19)

Workplace Violence Petition Re: Arbitration Award (1 1)

Professional Negligence (25) Writ of Mandate (02) ElderIDependent Adult Legal Malpractice Writ-Administrative Mandamus Abuse

Other Professional Malpractice Writ-Mandamus on Limited Court Election Contest

(not medical or legal) Case Matter Petition for Name Change Other Non-PIIPDIWD Tort (35) Writ-Other Limited Court Case

Petition for Relief From Late Employment Claim

Review Wrongful Termination (36) Other Civil Petition Other Employment (15) Other Judicial Review (39)

Review of Health Officer Order Notice of Appeal-Labor

commissioner ~ ~ ~ e a l s CM-010 [Bv . July 1,20071

CIVIL CASE COVER SHEET Page 2 of 2

David V. Jafari, SBN: 20788 1 Bahram Niknia, SBN: 256 18 1 JAFARI LAW GROUP, INC. 801 N. Parkcenter Drive, Suite 220 Santa Ana, California, 92705 Telephone: (71 4) 542-2265 Facsimile: (7 14) 542-2286

httorney for Plaintiff SHAWN SHIRVAN

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ORANGE

CENTRAL JUSTICE CENTER 30-2008 SHAWN SHIRVAN, an individual, ) Case No.:

1 0 0 1 1 0 3 0 ;

Plaintiff, j mLIMITED JURISDICTION] 1

VS. ) COMPLAINT: 1

~STECH ENGINEERED PRODUCTS, ) 1. Employment Discrimination; NC., a California corporation, ) 2. Failure to Prevent Discrimination and

) IIarassment; Defendant. ) 3. Unlawful Workplace Language Policy;

) 4. Wrongful Termination in Violation of Public Policy;

) 5. Intentional Infliction of Emotional Distress; and 1 1 6. Unfair Competition.

1 1 ) JURY TRIAI., DEMANDED

t t%Y P QJ'D T* fd,~j;h;:-i&y 4JLd\A/d"8-. DIbd ;HAW SHIRVAN alleges as follows: BW% 629

PRELIMINARY ALLEGATIONS

1. Plaintiff Shawn Shirvan ("Plaintiff") is a natural person and a resident of Orange

:ounty, California. Plaintiff is an American citizen who was born in Tehran, Iran.

2. Defendant ASTECH Engineered Products, Inc. ("ASTECH") was at all times

:levant hereto a corporation organized and existing under the laws of the State of California

1 COMPLAINT 1

doing business in the State of California at 3030 Red Hill Avenue, Santa Ana, Orange Count!

California 92705.

3. The unlawfij.1 employment practice(s) complained of herein occurred in Orang

County, California.

4. The amount in controversy is in excess of the minimum jurisdiction of this court.

FACTUAIJ BACKGROUND

5. Plaintiff is a naturalized American citizen born in Tehran, Iran. Plaintil

graduated from high school in Scottsdale, Arizona and has a bachelor's degree in Aerospac

Engineering from Arizona State University, a Master's degree in Aerospace Engineering fion

San Diego State University and a Masters in Busiiless Administration degree from Nationa

University. Prior to being employed by ASTECH, Plaintiff had seventeen years experience wit1

major companies in the aerospace industry.

6. Plaintiff began working for ASTECH on or about April 23, 1998 .as Manager o

Special Products.

7. During his employment with ASTECH, it became apparent to Plaintiff that certai~

of Plaintiff's co-workers at ASTECH, including, without limitation, Jody Callihan, Don Down;

md Lori Eisler, resented Plaintiff's Iranian origin and, to a lesser extent, Plaintiff's superio

zngineering and formal business education. These and other employees of ASTECH undertook ;

systematic campaign of harassment and other employment-related actions and statement

jesigned to humiliate and embarrass Plaintiff and otherwise to undermine Plaintiff':

?erfonnance of his job responsibilities.

8. Many times during the course of Plaintiffs eillployment with ASTECH

4STECH employees told Plaintiff that the United States should bomb or "nuke" Iran.

9. An email was circulated to all company employees erroneously informing al:

~ersonnel that any employee of Iranian ancestry was required by the United States government tc

eport for fingerprinting.

2 COMPLAINT

10. In the context of this environment, and indicative of the overall atmosphere tha

has pervaded the ASTECH culture, a white employee of ASTECH once asked Plaintiff hov

much Plaintiff would pay to have the other employee's (white) skin color,

11. Plaintiff was restricted in his job responsibilities to after-market sales, in whicl

4STECH parts and components are offered and sold to the owners of existing planes and othe:

ierospace products, such as overseas airlines, to be installed in replacement of originally

nstalled equipment. Meanwhile, Plaintiff was denied the opportunity to participate in origina

:quipment manufacturing and marketing projects, in which ASTECH products are manufacturec

u ~ d sold to manufacturers of planes and other aerospace products for original installation wher

he products are first manufactured. Plaintiff was denied promotions to a position that woulc

nclude responsibility for the original equipment market. The original equipment market is the

nost lucrative market for ASTECH, with most of the customers being very large Arnericar

:ompanies. Plaintiff was excluded from the original equipment market because American

:ompanies would not deal with ~ranians.

12. Plaintiff was excluded from participating in other major projects, including major

~rojects involving Chinese and other East Asian customers. Plaintiff was excluded from the

roject because the Chinese only wanted to deal with "Americans."

13. Plaintiff was at all times during the course of his employment with ASTECH h l l y

lualified for the promotions, jobs and projects from which he was excluded. Similarly situated

mployees, or employees substantially less qualified than Plaintiff, but who were not of Iranian

rigin, were included in and assigned to jobs and projects from which Plaintiff was excluded.

14. Plaintiff was overheard by his superior, Jody Callihan, speaking over the

:lephone in Persian. Mr. Callihan instructed Plaintiff to speak only English on the job, even

fter Plaintiff informed Mr. Callihan that the customer to whom he was speaking was in fact a

ersian speaker and preferred to converse in Persian. Not only was this English-only policy not

lstified by any business necessity, it also was selectively invoked against Plaintiff and had the

3 COMPLAINT

effect not just to inhibit Plaintiff in the performance of his job but to further harass and degradt

Plaintiff.

15. Over time, the individual ASTECH employees identified in paragraph 7 abovt

were promoted to director-level positions on the ASTECH "management team," anc

consequently had more opportunity to influence adversely the perception of Plaintiffs jot

performance within and throughout ASTECH and ASTECH's parent company, GKN Aerospace,

and to inailufacture and "document" Plaintiffs supposed mistakes and infractions against

company policy.

16. The members of the "management team" failed and refused to promote Plaintifi

to a supervisor-level position to be part of the management team. This failure, and Plaiiltiff s

absence from the management team was so obvious and conspicuous that Chris Loedel, Vice

President of GKN Aerospace, directed the other members to promote Plaintiff to Director and

Aftermarket Sales, so that Plaintiff would have the authority and responsibilities commensurate

ryith that position. However, other director-level employees resented this promotion, and, in

?ractice, Plaintiff was excluded from the normal management functions associated with director-

eve1 status, including such matters as participating in the interview and recruiting process, so I

.hat he could have little influence over company operations. Moreover, as a result, during the

Spring of 2007, supervisor-level employees of ASTECH - members of the "management teanl"

- increased the level of scrutiny of Plaintiff and orchestrated a "paper trail" documenting

neaningless or trivial infractions of company policy or expressed dissatisfaction with Plaintiffs

ob performance in terms too vague and subjective to be refuted or "corrected." The sole

lurpose of this campaign was to fabricate justification for Plaintiffs termination. I 17. Plaintiff was terminated from employment on Noveinber 14, 2007, allegedly due

o "Continued Unacceptable Performance and Behaviors." The stated reason for termination was

mere pretext for the true motive for Plaintiffs termination.

4 COMPLAINT

18. When other employees of ASTECH situated similarly to Plaintiff have bee I terniinated, including in cases of terminations for cause, those employees had been give

severance packages including up to one year's salary. After nine of years of employment wit

ASTECH, Plaintiff was terminated, effective upon first being told of the termination.

immediately escorted from company premises by ASTECH security personnel.

( 1 received no severance package whatsoever. The malicious nature of the termination was eve 1 more clearly demonstrated by the fact that Plaintiff was not even allowed to keep his compan

* 1 1 laptop computer other terminated employees were.

I1 19. There is a systematic effort on the part of ASTECH management to preven

anyone other than white Americans from becoming part of the "nianageinent team" or to subjec

l1 1 1 non-whites to extraordinary scrutiny in order to force them out of their positions with ASTECH.

l2 I EXHAUSTION OF ADMINISTRATIVE REMEDIES I

15 1 1 Department of Fair Employment and Housing (the "DFEH"), DFEH number E2007708K5157]

13

1 4

16 1100. A copy of this charge is attached hereto as Exhibit "A" and is incorporated herein. Also 04

20. On June 12, 2008, within one year of the date of discrimination herein allege

against Plaintiff by ASTECH, Plaintiff filed a charge of discrimination with the Californi

1 7 11 June 12, 2008, the DFEH issued to Plaintiff a Notice of Case Closure, notifying Plaintiff of hid 1 8 I I right to bring this civil action based on the charge that is in the complaint. A copy of the Notic4 19 11 of Case Closure is attached hereto as Exhibit "B" and is incorporated herein. On July 1, 20081

2 0 1 1 Plaintiff filed an amended charge of discrimination with the DFEH. A copy of the amende 4 21 I I charge is attached hereto as Exhibit "C" and is incorporated herein.

22 11 FIRST CAUSE OF ACTION

(EMPLOYMENT DISCRIMINATION)

21. Plaintiff incorporates by reference the allegations at paragraph 1 through 20 a 1

I I 5 COMPLAINT

2 5 though said allegations were set forth fully herein.

22. At all times material hereto, Plaintiff was an Iranian-American employee o 4 ASTECH, protected by Government Code 5 12940(a), which prohibits discrimination i 1 employment on the basis of national origin, and by Government Code $ 12940(f), whicl prohibits harassment of an employee on the basis of national origin.

23. At all times material hereto, ASTECH was an employer as defined in Governmen 9 Code 5 12926(d) because ASTECH is an employer who regularly employs five or more persons.

24. The harassing coilduct was severe and pervasive and highly offensive to Plaintif 1

l1

l2

13

14

l5

l6

17

l8

l9

2 o

21

22

2 3

24

and was so severe, widespread, and persistent as to alter the conditions of employment and create

an abusive work environment. The conduct represented a concerted pattern of harassment of a

repeated, routine, or a generalized nature that would have interfered with a reasonable

eillployee's work performance and seriously affected the psychological well-being of a

reasonable enlployee. Plaintiff was actually offended by the harassing behavior and did consider

his work environment to be hostile and abusive.

25. ASTECH, or its agents and supervisors, knew or should have known of the

harassing conduct, some of which was engaged in by Plaintiffs supervisors themselves, and

failed to take immediate and appropriate corrective action.

26. ASTECH's discriminatory acts over the course of Plaintiffs employment were

closely related and part of a persistent, ongoing pattern of discrimination constituting a

continuing violation of Government Code 5 12940.

27. As a proxiinate result of ASTECHys actions, Plaintiff has suffered and continues

to suffer losses of past and future earnings, and other benefits of employment, all to Plaiiltiff s

damage in an amount according to proof at trial.

28. As a further proximate result of ASTECH's actions, Plaintiff has suffered and

continues to suffer severe and lasting emotional distress, humiliation, embarrassment and mental

anguish, all to Plaintiffs damage in an amount according to proof at trial.

6 COMPLAINT

29. As a further proximate result of ASTECH's actions, Plaintiff has suffered an I / I continues to suffer serious ham, to Plaintiffs professional reputation and credibility, to

I I Plaintiff's damage in an amount according to proof at trial.

30. Plaintiff is informed and believes, and thereon alleges, that in doing the act

1 ) herein alleged, Jody Callihan, Don Downs, Lori Eisler were at all relevant times officers o 1 1 1 inanaging agents of ASTECH. These individuals were guilty of oppression of, and of malic

1 1 toward, Plaintiff, and ASTECH authorized or ratified their wrongful conduct. The conduct wa

/ 1 intended to cause injury to Plaintiff and was despicable coilduct carried on with a willful an "I 1 / conscious disregard of the rights of Plaintiff and that subjected Plaintiff to cruel and unjus 11 hardship in conscious disregard of Plaintiffs rights. An award of punitive damages agains

l1 1 1 ASTECH is therefore warranted under Civil Code $ 3294. I 3 1. As a result of the discriminatory conduct of ASTECH, Plaintiff is entitled to

of suit, including reasonable attorney's fees, pursuant to Government Code $ 12965(b) in a

amount according to proof at trial.

SECOND CAUSE OF ACTION

(FAILURE TO PREVENT DISCRIMINATION AND HARASSMENT)

32. Plaintiff incorporates by reference the allegations at paragraph 1 through 3 1 a

though said allegations were set forth fully herein.

33. As described above, Plaintiff was subjected to discrimination and harassment. 01

information and belief, ASTECH did not conduct any training or informally counsel it:

employees regarding u n l a f i l harassment. ASTECH did not even have a harassment policy i~

place to address the situation, or clarify how such problems may be reported. Instead, ASTEC

perpetuated and promoted an environment hostile, offensive, and belittling to employees o 1 2 5 foreign national origin.

I I 8 COMPLAINT

1

3

6

* 9

l1

12

l3

l4

l5

l6

l7

l8

l9

2 o

21

22

2 3

2 4

2 5

34. Accordingly, ASTECH failed to take all reasonable steps necessary to preven

discrimination and harassment from occurring in violation of Government Code 5 12940(k).

35. As a proximate result of ASTECHys actions, Plaintiff has suffered and continue

to suffer losses of past and future earnings, and other benefits of employment, all to Plaintiff

damage in an amount according to proof at trial.

36. As a further proximate result of ASTECHys actions, Plaintiff has suffered an

colltiilues to suffer severe and lasting emotioilal distress, humiliation, embarrassment and meilta

anguish, all to Plaintiffs damage in an amount according to proof at trial.

37. As a further proximate result of ASTECH's actions, Plaintiff has suffered an

continues to suffer serious harm to Plaintiffs professional reputation and credibility, t

Plaiiltiff s damage in an amount according to proof at trial.

38. Plaintiff is informed and believes, and thereon alleges, that in doing the act

herein alleged, Jody Callihan, Don Downs, Lori Eisler were at all relevant times officers o

managing agents of ASTECH. These individuals were guilty of oppression of, and of malic

toward, Plaintiff, and ASTECH authorized or ratified their wroilgful conduct. The conduct wa

intended to cause injury to Plaintiff and was despicable conduct carried on with a willful an

conscious disregard of the rights of Plaintiff and that subjected Plaintiff to cruel and unjus

hardship in conscious disregard of Plaintiffs rights. An award of punitive damages agains

ASTECH is therefore warranted under Civil Code 5 3294.

39. As a result of the unlawful conduct of ASTECH, Plaintiff is entitled to costs o

suit, including reasonable attorney's fees, pursuant to Government Code 5 12965(b) in a

amowlt according to proof at trial.

THIRD CAUSE OF ACTION

(UNLAWFUL WORKPLACE LANGUAGE POLICY)

40. Plaintiff incorporates by reference the allegations at paragraph 1 through 39 a

though said allegations were set forth fully herein.

41. At all times material hereto, ASTECH was an employer as defined in Government

Code 5 12926(d) because ASTECH is an employer who regularly employs five or more persons.

42. The English-only policy described in paragraph 14 above constituted an unlawful

business practice in violation of Government Code 9 12951 because there was no business

necessity for the language restriction as defined therein.

43. As a result of the unlawfU1 business practice of ASTECH, Plaintiff is entitled to

costs of suit, including reasonable attorney's fees, pursuant to Government Code 9 12965(b) in

an amount according to proof at trial.

FOUKL'H CAUSE OF ACTION

(WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY)

44. Plaintiff incorporates by reference the allegations at paragraph 1 through 43 as

though said allegations were set forth fully herein.

45. Plaintiff was employed by ASTECH.

46. There is a fundarnental policy of the State of California expressed in Government

Code 5 12920, which states that it is "the public policy of this state that it is necessary to protect

and safeguard the right and opportunity of all persons to seek, obtain, and hold employment

without discrimination or abridgment on account of race, religious creed, color, national origin,

ancestry, physical disability, mental disability, medical condition, marital status, sex, or age."

47. There is a fundamental policy expressed in the Constitution of the State of'

I I California, which states: "A person may not be disqualified from entering or pursuing a business 2 1

profession, vocation, or employment because of sex, race, creed, color, or national or ethni

2 3 1 1 origin." California Constitution Article I 5 8.

2 4 I1 48. ASTECH terminated Plaintiffs employ~nent in violation of public policy.

I I 9 COMPLAINT

49. As a proximate result of ASTECHys actions, Plaintiff has suffered and continues

to suffer losses of past and future earnings, and other benefits of employment, all to Plaintiffs

damage in an amount according to proof at trial.

50. As a further proximate result of ASTECH's actions, Plaintiff has suffered an

continues to suffer severe and lasting emotional distress, humiliation, embarrassment and

anguish, all to Plaintiffs damage in an amount according to proof at trial.

5 1. As a fwther proximate result of ASTECH's actions, Plaintiff has suffered an

continues to suffer serious hann to Plaintiffs professiollal reputation and credibility,

Plaintiffs damage in an amount according to proof at trial.

52. Plaintiff is informed and believes, and thereon alleges, that in

herein alleged, Jody Callihan, Don Downs and Lori Eisler were at all relevant

managing agents of ASTECH. These individuals were guilty of oppression of and malice towar

Plaintiff, and ASTECH authorized or ratified their wrongful conduct. The conduct was intend

to cause injury to Plaintiff and was despicable conduct carried on with a willful and conscic

disregard of the rights of Plaintiff and that subjected Plaintiff to cruel and unjust hardship

conscious disregard of Plaintiffs rights. An award of punitive damages against ASTECH

therefore warranted under Civil Code $ 3294.

FIFTlI CAUSE OF ACTION

(INTENTIONAL INFLICTION OF EMOTIONAI, DISTRESS)

I I 53. Plaintiff incorporates by reference the allegations at paragraph 1 through 52

though said allegations were set forth fully herein.

54. The conduct complained of herein was engaged in by the employees, officers and

agents of ASTECH, including Jody Callihan, Don Downs and Lori Eisler, acting within the

course and scope of their employment.

I1 COMPLAINT I

55. The coilduct complained of herein was so severe, widespread, and persistent as I

constitute extreme and outrageous conduct far beyond that to be expected as part of a normi

eniployment relationship.

56. The coilduct coinplained of herein was intended to cause Plaintiff to suffi

extreme emotional distress or were known to be substantially cei-tain to result in extrem

emotional distress of Plaintiff.

57. ASTECH abused its position of authority by encouraging the conduct complaine

of by ignoring it and refusing to reprimand its abusive employees, all with the intention c

reckless disregard that Plaintiffs emotional distress was substantially certain to result from il

zxtreme and outrageous conduct.

58. In addition, ASTECH further compounded its extreme and outrageous conduct b

terminating Plaintiff, with the intent and knowledge that doing so would affect Plaintiff

?rofessional and financial status for which he had worked so hard over the course of nine years.

59. ASTECHys conduct actually and proximately caused Plaintiff to suffer emotions

iistress so severe, substantial and long lasting that no reasoilable person in a civilized societ

should be expected to bear it, including, but not limited to, humiliation, mental anguisl

iepression, anxiety, and other damages to be determined at trial according to proof.

60. As a direct, natural, and foreseeable consequence of ASTECH's conduct, Plaintii

las suffered and incurred, and continues to suffer and incur, substantial loss of earnings, ant

~ther employment-related benefits.

61. Plaintiff is informed and believes, and thereon alleges, that in doing the act

lerein alleged, Jody Callihan, Don Downs and Lori Eisler were at all relevant times officers o

nanaging agents of ASTECH. These individuals were guilty of oppregsion of and malice towarc

'laintiff and authorized or ratified the wrongful conduct of others as alleged herein. The conduc

vas intended to cause injury to Plaintiff and was despicable conduct carried on with a willful anc

11 COMPLAINT

conscious disregard of the rights of Plaintiff and that subjected Plaintiff to cruel and unjus

hardship in conscious disregard of Plaintiffs rights. An award of p~mitive damages agains

ASTECH is therefore warranted under Civil Code $3294.

SIXTH CAUSE OF ACTION

(UNFAIR COMPETITION)

62. Plaintiff incorporates by reference the allegations at paragraph 1 through 61 a:

though said allegations were set forth fully herein.

63. Defendants' actions and conduct described herein are unlawful under Governmen

Code $ 12940, and therefore constitute unlawful constituting unfair competition prohibited b;

Business and Professions Code $$ 17200 et seq. ASTECH profited from the unfair busines!

?olicies set forth above. The foregoing unfair business practices offend the policies of the Statc

~f California and the United States.

64. Plaintiff has suffered an injury in fact and lost money or property as a result o:

4STECH1s conduct. Plaintiff is informed and believes, and thereon alleges, that ASTECF

~tilized improper, unlawful and tortious means to cause deliberate injury to Plaintiff.

65. Business & Professions Code $ 17203 authorizes the court to enjoin any persor

who engages or has engage in unfair competition as may be necessary to prevent the use oi

:mployinent of any practice which constitutes unfair competition.

66. ASTECH has a history of engaging in the unlawful practices described herein

.ncluding harassment and discrimination and unlawful workplace language policies in violatio~

~f Government Code $ 12940. Based on the discriminatory, harassing and unlawful actions o:

4STECH in the past, there is a substantial likelihood that ASTECH will do so in the futuc

mless restrained. Injunctive relief is appropriate to prevent a inultiplicity of actions f o ~

nonetary damages for similar wrongful conduct.

67. The Court should issue an injunction ordering ASTECH to display at all of its

acilities in the State of California posters and a policy statement concerning complaints ol

COMPLAINT

employment discrimination and to cease and desist from continuing or instituting any English-

2 I I only workplace language policy.

WHEREFORE, Plaintiff prays judgment against ASTECH, as follows:

1 1 1. Actual damages, including loss of past and present earnings, bonuses, deferre 4

I I emotional distress, mental anguish and loss of reputation, in an amount accordill 9

6

7

8

to proof;

compensation and other employment benefits in an amount according to proof;

2. General and special damages, including, without limitation, pain and suffering,

3. Consequential and incidental damages and expenses, in an amount according t

proof; I 4. Pre-judgment and post-judgment interest at the prevailing legal rate;

l4 1 1 5. Punitive damages in an amount appropriate to punish ASTECH for its wrongfu II l5 I1 conduct and set an example for others;

6. Permanent injunctive relief;

7. Reasonable attorney's fees costs pursuant to Government Code tj 12965(b);

8. Costs of suit herein incurred; and

9. Such other and further relief as the court deems proper.

JAFAR - AW GROUP IN . ?#&&L Attorneys for Plaintiff SHAWN SHIRVAN

I I 13 COMPLAINT

EXHIBIT "A"

* * * EMPLOYMENT * * * COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAlR EMPLOYMENT AND HOUSING ACT

DFEH # ~200708K5157-00 DFEH USE O N L Y

CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING YOLlR NAME (indicale Mr, or MS.) TELEPHONE NUMBER (INCLUDE AREA CODE)

SHIRVAN, SHAWN (951)207-0824

ADDRESS

16 HALSEY AVENUE

CITYISTATERIP

LAGUNA NIGUEL, CA 92677

COUNTY

ORANGE

COUNTY CODE

059

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMI l lEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:

NAME TELEPHONE NUMBER (Include Area Code)

ASTECH ENGINEERED PRODUCTS, INC. (949)250-1000

ADDRESS 1 DFEH USE ONLY I

3030 RED HILL AVENUE I 1

CITYISTATEIZIP COUNTY I COUNTY CODE

0 1111 312007 00 I I

THE PARTICULARS ARE:

SANTA ANA, CA 92705 ORANGE I 059 I

I allege that on 11/13/7007 , - x termination

the following conduct occurred: - laid off

- demotion

NO. OF EMPLOYEESIMEMBERS (if known) DATE MOST RECENT OR CONTlNUiNG DISCRIMINATION

- denial of employment - denial of promotion - denial of transfer

RESPONDENT CODE I

- denial of family or medical leave - denial of pregnancy leave - denieal of equal pay

TOOK PLACE (month,day, and year) I

X harassment - - denial of accommodation -denial of right to wear pants - genetic characteristics testing X failure to prevent discrimination or retaliation - denial of pregnancy accommodation - consbuctive discharge (forced to quit) - retaliation - impermissible non-job-related inquiry - other (specify)

by ASTECH ENGINEERED PRODUCTS, INC.

Name of Person Job Title (supervisorlmanagerlpersonnel directorlelc.)

because of : - sex - X national originlancesby - disability (physical or mental) - retaliation for engaging in protected - age - marital status -medical condition (cancer or activity or requesting a protected

- religion - sexual orientation generic chracteristic leave or accommodation

- racelcolor - association -other (specify)

State of what you DESPITE MR. SHIRVAN'S EXEMPLARY JOB PERFORMANCE. HE WAS REPEATEDLY AND CONTINUALLY HARASSED BECAUSE OF HIS IRANIAN ORIGIN, DENIED believe to be the SALES AND OTHER JOB OPPORTUNITIES BECAUSE OF HIS RACE AND NATIONAL ORIGIN, AND WAS TERMINATED ON A PRETEXT BECAUSE OF HIS RACE reason@) for AND NATIONAL ORIGIN. discrimination

I wish to pursue this matter in court. I hereby request that the Department of Fair Employment and Houslng provide a right-to-sue. I understand that ~f I want a federal notice of right-to-sue, I must visit the U.S Equal Employment Opportunity Commiss~on (EEOC) to file a complaint within 30 days of receipt of the DFEH 'Notice of Case Closure,' or within 300 days of the alleged discriminatory act, whichever IS earlier.

I have not been coerced into making this request, nor do I make it based on fear of retaliation if I do not do so. I understand it is the Department of Fair Employment and Housing's policy to not process or reopen a complaint once the complaint has been closed on the basis of 'Complainant Elected Court Action.'

By submitting this complaint I am declaring under penalty of pe ju ry under the laws of the State of Californla thatthe foregoing is true and correctof my own knowledge except as t o matters stated on my information and belief, and as to those matters I believe i t t o be true.

Dated 06/12/2008

At S a n t a A n a , C a l i f o r n i a

DFEH-300-030 (02108) DEPARTMENT OF FAlR EMPLOYMENT AND HOUSING

DATE FILED: 06112/2008

STATE OF CALIFORNIA

EXHIBIT "B"

STATEOF CALIFORNIA. STATE AND CONSUMER SERVICES AGENCY ARNOLDSCHWARZENWOFR. Oavsnxor

DEPARTMENT OF FAIR EMPLOYMENT & HOUSING 2101 East 4th Street, Suite 255 (71 4) 558-4266 www.dfeh.ca.gov

June 12,2008

SHIRVAN, SHAWN 16 HALSEY AVENUE LAGUNA NIGUEL, CA 92677

RE: E200708K5157-00 SHIRVANIASTECH ENGINEERED PRODUCTS. INC.

Dear SHIRVAN, SHAWN:

NOTICE OF CASE CLOSURE

This letter informs that the above-referenced complaint that was filed with the Department of Fair Employment and Housing (DFEH) has been closed effective June 12,2008 because an immediate right-to-sue notice was requested. DFEH will take no further action on the complaint.

This letter is also the Right-To-Sue Notice. According to Government Code section 12965, subdivision (b), a civil action may be brought under the provisions of the Fair Employment and Housing Act against the person, employer, labor organization or employment agency named in the above-referenced complaint. The civil action must be filed within one year from the date of this letter.

If a federal notice of Right-To-Sue is wanted, the U.S. Equal Employment Opportunity Commission (EEOC) must be visited to file a complaint within 30 days of receipt of this DFEH Notice of Case Closure or within 300 days of the alleged discriminatory act, whichever is earlier.

Notice of Case Closure Page Two

DFEH does not retain case files beyond three years after a complaint is filed, unless the case is still open at the end of the three-year period.

Sincerely,

Sooky Avila District Administrator

cc: Case File

BARBARA GUSTAFSON SENIOR CORPORATE COUNSEL GKN NORTH AMERICA SERVICES, INC. 550 WARRENVILLE ROAD, SUITE 400 LISLE, IL 60532

EXHIBIT "C"

AMENDED COMPLAIIUT OF OISCRIMINATIOIU UNDER DFEH # E ~ O O ~ O B K S ~ S ~ - ~ O

T H E PROVlSlOlUS OF THE CALIFORNIA .

O T E I I USE O N L Y

FAlR EMPLOYMENT AND HOUSING ACT CALIFORNIA DEPARTMENT OF FAlR EMPLOYMENT AlUD HOUSING

YOUR NAME (indieale Mr. or Ms.) TELEPHONE NUMBER(INCLU0E AREA CODE] Shirvan, Shawn (951) 207-0824

,. ...... -- ADDRESS

16 Ilalsey Avenue - --

~~TVISTATMZ~P -- " Lsguna Niguel, CA 92677 COUNTY Orange COUNTY CODE 059

NAMED IS THE EMPLOYER, PERSON, LABOR ORGANIZATION. EMPLOYMENT AGENCY. APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DlSCRlMlNATEO AGAINST ME: NAME TELEPHONE NUMBER (Include Area Code)

Astech Engineered Products, Inc. (949) 250-1000 -- --.- ---. --- -.

AOURESS I OFEll USE ONLY

3030 Red Hill Avenue . .- . - - - . . -" ,- . . . . ----- .. -----.---- i CITYISTATE1ZIP COUNTY I COUNTYCOOE

Santa Ana, CA 92705 Orange ' 035)

NO. OF EMPLOYEESiMEMBtRS [if known) DATE MOST R F C ~ N T OR CONTINUING UISCRIMINATION 1 RESPONDENT COUk TOOK PLACE {month, day, and year) 11/ 13 /2007 I

THE PARTICULARS ARE:

I allege that on 11/13/2007 ... X lorminalion ,the - denial 01 ~nplovrnonl denial 01 lanily or nmdcalieavo ---. lapoll -- X denid 01 promolion - denial01 ~rs~enc-ilene

... following conduct occurred: . .- domolisn .- - -. dsnial 01 ewal pay dsnW ol lransler X harsrmnl -"T denial 01 aecomwdaiion - danial 01 riQhl lo wear panls

lailurs lo prevsnt dircrin~inalion or rs~alialbn penslic rhara~lodrllcs lsrlinp denial ol pr~gnancy acconmodelion

- cmr~ruc~lvs dirbaqa tlorced lo puill - relalialbn iqonnirribln mn.pb~tnla10d ieobry , - olhsr lspocilyt -. . -- . . .

by Astech Enqinsered Products, Inc. Name o l Person Job Title lsupervisorlmanagerlpersonnel direc1orlelc.l

because af: -- SBI -. X n a l i ~ a l on'qinlanustty - dirrbillly Iphysital or mpnlnll - rstslialion lor engaglny in prototled

-.-~.-aba - marital rloNs - rnedlcel FOndltiOn lcancnr acIiwI~y or rsquening a pro~ected rsliQion . .-- S ~ N ~ I ori~nlalim or genallc thstaclevl~llcl leave or accommodrlion

-. . tamlmlor ~ s s o c l ~ l l ~ n .- olh~r llpndlyl---_ .- ---.A,..-...---..--

Statewhat you Despite my exemplary job performance, 1 was repeatedly and continually harraseed because of -- . . --. . . . . . ..... . .- - - - be'ieve be lhe

my Iranian origin, denied sales and other job opportunities because of my Iranian, origin and reason(s1 for discrimination was terminated on a pretext because of my Iranian origin. --

I w i s l ~ l o pursue this matter in courl. I hereby requesl that ~ h e Department of Fair Emnloyme~tt arld Housinu provide a right.to.sue nolice. I understand l l l a l i f I want a lederal nolice of righl.to.s~re. I must visit (he U.S. Equal Emplayme~lt Opporlunity Commission (EEOCI ro file a comnlaint within 30 days of receipt of the OFEll "Notice of Case Closure,' or wl lh ln 3 0 0 days o l the a l le~ed discriminatory act, whicllever is earlier.

I have not been coerced into makin0 this requesl, nor do I make il based on lear of relalialion il I do no1 do so. I undersland i t is the Oeparlment uf Fair Emolovment and Housing's policy to no1 process or reopen a complaint once the complain1 has been closed on Ihe hasls of "Colnplainanl Elected Court Aclion.'

I declare under penalty of perjury under the l a w s of the S ta te of Cal i fornia tha t the foregoing Is true and corrcct of m y a w n knowledge except as t o matters steted on my Information and beliar, and as to those matters I believe i t t o be true.

,, Santa Ana, California

,LLy .. -- L....

C7 ( A - - COMPLAINANT'S SIGNATURE

Grig DATE FILFD:

OFEH.300.03 ID41081 6/12/08 DEPARTMENT DF FAIR EMPLOYMENT AN0 HOUSING Amended Date : 7/1/08

city

)'.4IE OF CALIFORNIA ,~j: . . i ?!.Iia

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE

ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION PACKAGE

NOTICE TO PLAINTIFF(S) AND/OR c~SS-COMPLAINANT(S):

Rule 3.22l(c) of the California Rules of Court requires you to serve a copy of the ADR Information Package along with the complaint and/or cross-complaint.

California Rules of Court - Rule 3.22 1 Information about Alternative Dispute Resolution (ADR)

(a) Each court shall make available to the plaintiff, at the time of filing of the complaint, an ADR Information Package that includes, at a minimum, all of the following:

I , I

(1) General information about the potential advantages and disadvantages of ADR and descriptions of the principal ADR processes.

I

(2) Information about the ADR programs available in that court, including citations to any applicable local court rules and directions for contacting any court staff responsible for providing parties with assistance regarding ADR.

(3) Information about the availability of local dispute resolution programs hnded under the Dispute Resolutions Program Act (DRPA), in counties that are participating in the DRPA. This information may take the form of a list of the applicable programs or directions for contacting the county's DRPA coordinator.

(4) An ADR stipulation form that parties may use to stipulate to the use of an ADR process.

(b) A court may make the ADR Information Package available on its Web site as long as paper copies are also made available in the clerk's office.

(c) The plaintiff must serve a copy of the ADR Information Package on each defendant along with the complaint. Cross-complainants must serve a copy of the ADR Information Package on any new parties to the action along with the cross-complaint.

L1200 (Rev. Febmary2008) Page 1 of 4

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE

ADR Information

Introductlon.

Most civil disputes are resolved without filing a lawsuit, and most civil lawsuits are resolved without a trial. The courts and others offer a variety of Alternative Dispute Resolution (ADR) processes to help people resolve disputes without a trial. ADR is usually less formal, less expensive, and less time-consuming than a trial. ADR can also give people more opportunity to determine when and how their dispute will be resolved.

BENEFITS OF ADR.

Using ADR may have a variety of benefits, depending on the type of ADR process used and the circumstances of the particular case. Some potential benefits of ADR are summarized below.

Save Time. A dispute often can be settled or decided much sooner with ADR; often in a matter of months, even weeks, while bringing a lawsuit to trial can take a year or more.

Save Money. When cases are resolved earlier through ADR, the parties may save some of the money they would have spent on attorney fees, court costs, experts' fees, and other litigation expenses.

lncrease Control Over the Process and the Outcome. In ADR, parties typically play a greater role in shaping both the process and its outcome. In most ADR processes, parties have more opportunity to tell their side of the story than they do at trial. Some ADR processes, such as mediation, allow the parties to fashion creative resolutions that are not available in a trial. Other ADR processes, such as arbitration, allow the parties to choose an expert in a particular field to decide the dispute.

Presewe Relationships. ADR can be a less adversarial and hostile way to resolve a dispute. For example, an experienced mediator can help the parties effectively communicate their needs and point of view to the other side. This can be an important advantage where the parties have a relationship to preserve.

lncrease Satisfaction. In a trial, there is typically a winner and a loser. The loser is not likely to be happy, and even the winner may not be completely satisfied with the outcome. ADR can help the parties find win-win solutions and achieve their real goals. 'This, along with all of ADR's other potential advantages, may increase the parties' overall satisfaction with both the dispute resolution process and the outcome.

Improve Attorney-Client Relationships. Attorneys may also benefit from ADR by being seen as problem-solvers rather than combatants. Quick, cost-effective, and satisfying resolutions are likely to produce happier clients and thus generate repeat business from clients and referrals of their friends and associates.

DISADVANTAGES OF ADR.

ADR may not be suitable for every dispute.

Loss of protections. If ADR is binding, the parties normally give up most court protections, including a decision by a judge or jury under formal rules of evidence and procedure, and review for legal error by an appellate court.

L1200 (Rev. February2008) Page 2 of 4

Less discovery. There generally is less opportunity to find out about the other side's case with ADR than with litigation. ADR may not be effective if it takes place before the parties have sufficient information to resolve the dispute.

Additional costs. The neutral may charge a fee for his or her services. If a dispute is not resolved through ADR, the parties may have to put time and money into both ADR and a lawsuit.

Effect of delays if the dispute is not resolved. Lawsuits must be brought within specified periods of time, known as statues of limitation. Parties must be careful not to let a statute of limitations run out while a dispute is in an ADR process.

TYPES OF ADR IN CIVIL CASES.

The most commonly used ADR processes are arbitration, mediation, neutral evaluation and settlement conferences.

Arbitration. In arbitration, a neutral person called an "arbitrator" hears arguments and evidence from each side and then decides the outcome of the dispute. Arbitration is less formal than a trial, and the rules of evidence are often relaxed. Arbitration may be either "binding" or "nonbinding." Binding arbitration means that the parties waive their right to a trial and agree to accept the arbitrator's decision as final. Generally, there is no right to appeal an arbitrator's decision. Nonbinding arbitration means that the parties are free to request a trial if they do not accept the arbitrator's decision.

Cases for Which Arbitration May Be Appropriate. Arbitration is best for cases where the parties want another person to decide the outcome of their dispute for them but would like to avoid the formality, time, and expense of a trial. It may also be appropriate for complex matters where the parties want a decision-maker who has training or experience in the subject matter of the dispute.

Cases for Which Arbitration May &J Be Appropriate. If parties want to retain control over how their dispute is resolved, arbitration, particularly binding arbitration, is not appropriate. In binding arbitration, the parties generally cannot appeal the arbitrator's award, even if it is not supported by the evidence or the law. Even in nonbinding arbitration, if a party requests a trial and does not receive a more favorable result at trial than in arbitration, there may be penalties.

Mediation. In mediation, an impartial person called a "mediator" helps the parties try to reach a mutually acceptable resolution of the dispute. The mediator does not decide the dispute but helps the parties communicate so they can try to settle the dispute themselves. Mediation leaves control of the outcome with the parties.

Cases for Which Mediation May Be Appropriate. Mediation may be particularly useful when parties have a relationship they want to preserve. So when family members, neighbors, or business partners have a dispute, mediation may be the ADR process to use. Mediation is also effective when emotions are getting in the way of resolution. An effective mediator can hear the parties out and help them communicate with each other in an effective and nondestructive manner.

Cases for Which Mediation May j&t Be Appropriate. Mediation may not be effective if one of the parties is unwilling to cooperate or compromise. Mediation also may not be effective if one of the parties has a significant advantage in power over the other. Therefore, it may not be a good choice if the parties have a history of abuse or victimization.

Neutral Evaluation. In neutral evaluation, each party gets a chance to present the case to a neutral person called an "evaluator." The evaluator then gives an opinion on the strengths and weaknesses of each party's evidence and arguments and about how the dispute could be resolved. The evaluator is

L1200 (Rev. February2008) Page 3 of 4

often an expert in the subject matter of the dispute. Although the evaluator's opinion is not binding, the parties typically use it as a basis for trying to negotiate a resolution of the dispute.

Cases for Which Neutral Evaluation May Be Appropriate. Neutral evaluation may be most appropriate in cases in which there are technical issues that require special expertise to resolve or the only significant issue in the case is the amount of damages.

Cases for Which Neutral Evaluation May Not Be Appropriate. Neutral evaluation may not be appropriate when there are significant personal or emotional barriers to resolving the dispute.

Settlement Conferences. Settlement conferences may be either mandatory or voluntary. In both types of settlement conferences, the parties and their attorneys meet with a judge or a neutral person called a "settlement officer" to discuss possible settlement of their dispute. The judge or settlement officer does not make a decision in the case but assists the parties in evaluating the strengths and weaknesses of the case and in negotiating a settlement. Settlement conferences are appropriate in any case where settlement is an option. Mandatory settlement conferences are often held close to the date a case is set for trial.

ADDITIONAL INFORMATION.

In addition to mediation, arbitration, neutral evaluation, and settlement conferences, there are other types of ADR, including conciliation, fact finding, mini-trials, and summary jury trials. Sometimes parties will try a combination of ADR types. The important thing is to try to find the type or types of ADR that are most likely to resolve your dispute.

To locate a dispute resolution program or neutral in your community: Contact the California Department of Consumer Affairs, Consumer Information Center, toll free, 1-800-852-521 0 Contact the Orange County Bar Association at (949) 440-6700 Look in the Yellow Pages under "Arbitratorsn or "Mediators"

Free mediation services are provided under the Orange County Dispute Resolution Program Act (DRPA) For information regarding DRPA, contact:

Institute for Conflict Management (714) 288-5600 Community Service Programs, Inc. (949) 851-3168 Orange County Human Relations (714) 834-7198 Fair Housing Council of Orange County (714) 569-0827

For information on the Superior Court of California, County of Orange court ordered arbitration program, call (714) 834-3774 or refer to Local Rules 360 and 446.

The Orange County Superior Court is offering pilot programs for Civil Mediation and Early Neutral Evaluation (ENE) for civil cases filed at the Central Justice Center. For the Civil Mediation pilot program, mediators on the Court's panel have agreed to accept a fee of $300 for up to the first two hours of a mediation session. For the ENE program, members of the Court's panel have agreed to accept a fee of $300 for up to three hours of an ENE session. Additional information on the Orange County Superior Court Civil Mediation and Early Neutral Evaluation (ENE) pilot programs is available on the Court's website at www.occourts.org, or by calling (714) 834-5309.

LIZ00 (Rev. Febwary2008) Page 4 of 4

SUPERIOR COURT OF CALIFORNIA ORANGE COUNTY - CENTRAL JUSTICE CENTER

CIVIL DEPARTMENT CALENDAR SCHEDULING CHART Ex Parte applications must comply with California Rules of Court, rules 3.1200 - 3.1207

Court Local Rules are located at www.occourts.org

- Notice to

Courtroom the day

before the hearing but

no later than:

10:OO a.m.

10:OO a.m.

10:OO a.m.

9:00 a.m.

Application and Proposed Order presented to the

court the day before the hearing but no later than:

2:00 p.m

2:00 p.m.

10:30 a.m.

3:00 p.m.

Ex Parte Days and

Time

T, W, Th 8:30 a.m.

M,T,W,Th 8:45 a.m.

Daily 1 :30 p.m.

M, T, W, Th 9:00 a.m.

Rulings posted

on Internet?

Yes - noon Friday before

Yes

No

Yes

Motion Days and Time

Monday 10:30 a.m.

Friday 9:00 a.m.

Wednesday 1:30 p.m.

Tuesday 1:30 p.m.

Dept.

C26

C3

C19

C21

Other Call for available dates.

Late ex parte applications shall not be accepted. Teleconference appearances are voluntary and do not require consent by court or other parties. However, the court reserves to right to reject any request. Teleconference appearances are conducted in conformity with the guidelines, which are available by calling Courtcall, LLC at (310)914- 7884 or (888) 88-COURT

Once tentative ruling is posted NO continuance will be granted or hearing cannot be taken off calendar

Notice must be given to opposing party by 10:OO a.m. day before ex parte hearing.

Judicial Officer

LEWIS 714-834-5532

MAKINO 714-834-3888

MARGINES 714-834-4526

MCEACHEN 71 4-834-4680

SUPERIOR COURT OF CALIFORNIA ORANGE COUNTY - CENTRAL JUSTICE CENTER

CIVIL DEPARTMENT CALENDAR SCHEDULING CHART Ex Parte applications must comply with ~alifornia Rules of Court, rules 3.1200 - 3.1207

Court Local Rules are located at www.occourts.org

Dept.

C62

C7

C16

Ex Parte Days and

Time

T, W, Th, F 8:30 a.m.

M,W,Th,F 1:30 p.m.

T,W, Th 8:30 a.m.

Judicial Officer

MILLER 714-834-4395

MOBERLY 714-834-4656

MONROE 71 4-834-4694

Motion Days and Time

Tuesday 1 :30 p.m.

Tuesday 2:00 p.m.

Tuesday 2:00 p.m.

Notice to Courtroom

the day before the

hearing but no later than:

9:00 a.m.

Noon

Noon

Application and Proposed Order presented to the

court the day before the hearing but no later than:

4:00 p.m.

3:00 p.m.

4:00 p.m.

Rulings posted

on Internet?

Yes- noon day of

hearing

Yes - 4:30 p.m. the

day before

Yes - by 4:00 p.m. the day before

Other Call for available dates.

If Monday is a holiday, law and motion is heard on Thursday at 1:30 p.m. NOTE: for LBM, Dept. C62 requires parties call the dept. to check availability of a motion date prior to filing their motion by calling (71 4) 834- 4395. To schedule an ex parte matter the moving partylattomey shall contact the courtroom clerk (714) 834-4395 to reserve a date no later than noon, the day prior to the hearing. Teleconference appearances are voluntary and do not require consent by court or other parties. However, the court reserves to right to reject any request. Teleconference appearances are conducted in conformity with the guidelines, which are available by calling Courtcall, LLC at (310)914- 7884 or (888) 88-COURT

If Monday is a holiday, law and motion is heard on Thursday at 2:00 p.m. If there is no appearance for argument, the court will order the tentative ruling to become effective and final the date of the hearing. To schedule an ex parte matter the moving partylattorney shall contact the courtroom clerk (714) 834-4656 to reserve a date no later than noon, the day prior to the hearing.

(Separate pmof of service is required for each party served.)

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, andaddress):

Bahram Niknia, SBN 256 18 1 - JAFARI LAW GROUP, INC.

801 Parkcenter Drive, Sutie 220 Santa Ana, CA 92705

TELEPHONE NO.: 714-542-2265 FAX NO. (~ptional): 7 14-542-2286 E-MAIL ADDRESS (Optional): bniknia@jafarilawgroup.com

ATTORNEY FOR (Name): Plaintiff SHAWN SHIRVAN SUPERIOR COURT OF CALIFORNIA, COUNTY OF Orange

STREET ADDRESS: 700 CIVIC Center Dnve West MAILING ADDRESS: 700 Civic Center Drive West

CITY AND ZIP CODE: Santa Ana, CA 92705 BRANCH NAME: Central Justice Center

PLAINTIFFIPETITlONER: SHAWN SHIRVAN

DEFENDANTIRESPONDENT: ASTECH ENGINEERED PRODUCTS, INC.

PROOF OF SERVICE OF SUMMONS

1. At the time of service I was at least 18 years of age and not a party to this action.

FOR COURT USE ONLY

CASE NUMBER:

30-2008-00 1 10303

Ref. No. or File No.:

2. 1 served copies of:

a. IJl summons

b. complaint

c. Alternative Dispute Resolution (ADR) package

d. Civil Case Cover Sheet (served in complex cases only)

e. 0 cross-complaint

f. I other (specify documents): CIVIL DEPT CALENDAR SCHEDULING CHART

3. a. Party served (specify name of party as shown on documents served):

ASTECH ENGINEERED PRODUCTS, INC.

b. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a).

SCOTT BROWN 4. Address where the party was served:

3030 Red Hill Ave, Santa Ana, CA 92705 5. 1 served the party (check proper box)

a, I by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to

- receive service of process for the party (1) on (date): August 07, 2008 (2) at (time): 3: 15 p.m. b. u by substituted service. On (date): at (time): I left the documents listed in item 2 with or

in the presence of (name and title or relationship to person indicated in item 3):

(1) 0 (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers.

(2) 0 (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers.

(3) 1 (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him or her of the general nature of the papers.

(4) 1 I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., 5 415.20 . I mailed the documents on (date): from (city): or d a declaration of mailing is attached.

(5) 1 I attach a declaration of diligence stating actions taken first to attempt personal service. Page 1 of 2

Form Adopted for Mandatory Use Judicial Council of California

POS010 [Rev. January 1,20071

PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, § 417.10

American LegalNet, Inc. www. Forms Workflow.com

5. c, 0 by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid,

PMINTIFFIPETITIONER: SHAWN SHIRVAN -

DEFENDANTIRESPONDENT: ASTECH ENGINEERED PRODUCTS, INC.

(1) on (date): (2) from (city):

CASE NUMBER.

30-2008-001 10303

(3) 0 with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.)

(4) 0 to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)

d. 0 by other means (specify means of service and authorizing code section):

0 Additional page describing service is attached.

6. The "Notice to the Person Served" (on the summons) was completed as follows: a. 0 as an individual defendant.

b. 0 as the person sued under the fictitious name of (specify):

C. 0 as occupant. On behalf of (specify): Corporation under the following Code of Civil Procedure section:

Li_l 41 6.1 0 (corporation) 415.95 (business organization, form unknown) 41 6.20 (defunct corporation) 416.60 (minor) 416.30 (joint stock company/association) 416.70 (ward or conservatee) 41 6.40 (association or partnership) 416.90 (authorized person)

416.50 (public entity) 41 5.46 (occupant) other:

7. Person who served papers a. Name: ARASH ALIZADEH b. Address: 801 PARKCENTER DRIVE, STE 220, SANTA ANA, CA 92705 c. Telephone number: 7 14-542-2265 d. The fee for service was: $ NONE e. lam:

(1) not a registered California process server. exempt from registration under Business and Professions Code section 22350(b). a registered California process server: (i) 0 owner 0 employee 0 independent contractor. (ii) Registration No.: (iii) County:

8. 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

or

9. 0 I am a California sheriff or marshal and I certify that the foregoing is true and correct.

Date: AUGUST 07,2008

ARASH ALIZADEH (NAME OF PERSON WHO SERVED PAPERSISHERIFF OR MARSHAL)

POS-010 [Rev. January 1,20071 PROOF OF SERVICE OF SUMMONS

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