nica SUPERIOR COURT OF CALIFORNIA. COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-09-2009 2:24 pm Case Number: CGC-09-485624 Filing Date: Mar-09-2009 2:19 duke Box: 001 Image: 02427121 COMPLAINT IRYNA KHARCHENKO VS. EXIGEN (USA) INC A CALIFORNIA CORPORATION et al 001002427121 Instructions: Please place this sheet on top of the documentto be scanned.2 mo YM AH ek wD em = er er era PSsSsaeraaarasae eo a SCOTT BONAGOFSKY (SBN: 190255) 1 Market Street Steuart Tower, Suite 1600 San Francisco, CA 94105 Tel: (4 13) 882-1555 Fax: (415) 882-1551 Attorneys for Plaintiff RYNA KHARCHENKO ao & Lad For Find, Es _ MAR O @ #9 Go ev POON PARI, Chon SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION IRYNA KHARCHENKO, Case No.: CGC-09-485624 Plaintiff, FIRST AMENDED COMPLAINT FOR VS. EXIGEN (USA), INC., a California corporation; GREG SHENKMAN, an individual; and DOES 1 through 100, inclusive, Defendants. DAMAGES FOR (1) SEXUAL HARASSMENT — ENVIRONMENT; (3) SEXUAL BATTERY; (4) BATTERY; (5) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; (6) FAILURE TO PREVENT HARASSMENT, DISCRIMINATION, AND RETALIATION; (7) RETALIATION; (8) WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY; (9) WRONGFUL TERMINATION ON THE BASIS OF SEX, IN VIOLATION OF FAIR EMPLOYMENT AND HOUSING ACT; (10) FAILURE TO PAY OVERTIME WAGES; (11) UNLAWFUL BUSINESS PRACTICES, BUS. & PROF. CODE SEC. 17200, ET SQ. DEMAND FOR JURY TRIAL. pene BY F&A) Plaintiff RYNA KHARCHENKO (hereinafter “Plaintiff,” or “Ms. KHARCHENKO”) brings this action against Defendants EXIGEN (USA), INC., a California corporation, GREG SHENKMAN, an individual, and Does 1 to 100, inclusive, for damages, injunctive relief, costs, and attorneys’ fees, resulting from Defendants’ unlawful and tortious conduct, and therefore 1 J FIRST AMENDED COMPLAINT” Come NA Hh & wD BRRRERORERSSESEDRAREER ES " fan alleges: INTRODUCTORY STATEMENT Plaintiff RYNA KHARCHENKO is a 30-year-old woman from Ukraine who was awarded an academic scholarship to the United States and dreamed of working here one day. In 2002, after obtaining her degree in business administration on a student visa, Ms. Kharchenko returned to Ukraine to begin her career, In 2004, Ms. Kharchenko was lured to San Francisco by| Defendant GREG SHENKMAN, Chief Executive Officer of EXIGEN, with the promise of employment and a better life in the United States. Once he had her in the United States, Defendant SHENKMAN treated Ms. Kharchenko as his sexual plaything, knowing that her Presence in the United States was tied to her employment with EXIGEN because she held an H- 1B visa, which permitted her only to work for the host company. When Ms, Kharchenko complained to EXIGEN about Defendant SHENKMAN’s conduct, Defendant SHENKMAN threatened to fire her and send her back to Ukraine. EXIGEN and Defendant SHENKMAN have fostered a breeding ground for sexual harassment and discrimination, failed to investigate Ms. Kharchenko’s complaints adequately, failed to prevent sexual harassment and discrimination in the workplace, and ultimately, fired Ms. Kharchenko in retaliation for her complaints of sexual harassment, sexual battery, and other inappropriate conduct on the part of Defendant SHENKMAN and others at EXIGEN. PARTIES 1. Plaintiff is an adult individual residing in San Francisco County, California. 2. Defendant EXIGEN is, and was at all times relevant herein, a corporation organized and existing under the laws of the State of California, with its principal place of business in San Francisco, California. At all times during Plaintiff's employment with EXIGEN,] EXIGEN had more than five employees in California. 3. Defendant GREG SHENKMAN (“SHENKMAN”) is an adult individual residing in Marin County, California. At all times relevant hereto, SHENKMAN was the Chief Executive Officer of EXIGEN. At all times relevant hereto, SHENKMAN was a supervisor of Plaintiff, as the term “supervisor” is defined in California Government Code section 12926(r), 2 FIRST AMENDED COMPLAINT