RO cee ur ea Carla V. Minnard, Esq, (CSB No. 176015) THE MINNARD LAW FIRM 4100 REDWOOD ROAD, #145 JOAKLAND, CA 94619 (415) 215-4115 Telephone (415) 358-5588 Facsimile catlaminnard@att.net /Attomeys for Plaintiff /MINAKSHI JAFA-BODDEN apn UN GF 9 ol A. Clarke, Exccaines mAb ge IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES MINAKSHI JAFA-BODDEN, Plaintiff, ys. ) ) d BIKRAM CHOUDHURY, individually and) ‘as President of Bikram Choudhury Yoga Inc., ) ‘Chairman and CEO of Bikram’s Yoga College of india, L.P., and as President of Bikram, Inc., RAJASHREE CHOUDHURY, ividually and as President of USA YOGA, FEDERATION, Vice President of BIKRAM'S YOGA COLLEGE OF INDIA, LP. and as Vice President of Bikram inc," } BIKRAM’S YOGA COLLEGE OF INDIA } LP. BIKRAM INC, USA YOGA 3 FEDERATION, BIKRAM CHOUDHURY} YOGA, INC., PETRA STARKE, individually and as President of Bikram’s Yoga College of} India, and DOES 1 through 25, inclusive, Defendants. : ) } ) ) ) ) Case No.: BC 512043 COMPLAINT FOR DAMAGES 1, GENDER DISCRIMINATION 2, SEXUAL HARASSMENT 3. RETALIATION 4, FAILURE TO PREVENT & CORRECT DISCRIMINATION AND HARASSMENT 5, SEX-BASED DISCRIMINATION — UNRUH CIVIL RIGHTS ACT [CAL. CIVIL CODE §51] 6. UNFAIR COMPETITION [CAL. BUS. & PROF. CODE §17200 ET. SEQ.| 7, TORTIOUS INTERFERENCE WITH BUSINESS RELATIONSHIPS 8. DEFAMATION 9. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS COMPLAINT FOR DAMAGES aa a 10, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 11, NEGLIGENCE 12, NEGLIGENT HIRING, RETENTION & SUPERVISION 13, ASSAULT 14, WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY 15. BREACH OF CONTRACT 16, BREACH OF THE COVENANT OF GOOD FAITH & FAIR DEALING 17. FAILURE TO FURNISH WAGE & HOUR STAEMENTS [California Labor Code § 226] 18, FAILURE TO PAY EARNED WAGES UPON TERMINATION OF EMPLOYMENT [CAL. LABOR CODE §§ 201, 202, 203] 19. CONVERSION 20. FAILURE TO MAINTAIN ACCURATE PAYROLL RECORDS ICAL. LABOR CODE § 226] 21. RETALIATORY DISCHARGE [CAL, LABOR CODE § 98.6 et. seq] 22. VIOLATION OF THE BANE ACT ICAL. CIVIL CODE 52.1] 23. VIOLATION OF THE RALPH ACT ICAL. CIVIL CODE 51.7] 24, SEXUAL HARASSMENT IN VIOLATION OF THE UNRUH COMPLAINT FOR DAMAGES +2Cer aneon 10 Ml 12 13 14 15 16 7 18 19 20 2 24 25 26 27 28 lea ~ CIVIL RIGHTS ACT [CAL. CIVIL CODE 51.9} 25. CIVIL CONSPIRACY Plaintiff MINAKSHI “MICKI” JAFA-BODDEN complains against Defendants BIKRAM| CHOUDHURY, RAJASHREE CHOUDHURY, BIKRAM’S YOGA COLLEGE OF INDIA LP, BIKRAM INC., USA YOGA FEDERATION, BIKRAM CHOUDHURY YOGA, INC., PETRA STARKE, and DOES 1 through 25 as follows: PARTIES 1. Plaintiff MINAKSHI “MICKI” JAFA-BODDEN (hereinafter, “Safa- Bodden,” or “Plaintiff”) was a resident of Beverly Hills, California in the County of Los ‘Angeles at all times material to this complaint. Plaintiff holds advanced degrees in Legal Studies and Law including a Bachelor of Law Degree from University of Birmingham at Edgbaston, England and St. Aldates College, Oxford, England. Plaintiff served as Head of Legal and Intemational Affairs for Bikram’s Yoga College of India and performed services for Bikram Choudhury, Rajashree Choudhury and all of the listed entity defendants (BIKRAM’S YOGA COLLEGE OF INDIA L.P., BIKRAM INC., USA YOGA FEDERATION, and BIKRAM CHOUDHURY YOGA, INC., collectively referred to as “Bikram entities” or “entity defendants”) from Spring, 2011 to March 1, 2013, when she was abruptly and unlawfully terminated. At all times herein relevant, each of the Bikram entities employed more than 5 employees within the State of California. 2. Defendant Bikram Choudhury (hereafter “Choudhury” is an individual and a resident of Beverly Hills, California in the County of Los Angeles at all times material to this complaint. 3. Defendant Rajashree Choudhury is an individual and a resident of Beverly Hills, California in the County of Los Angeles at all times material to this complaint. 4. Defendant Petra Starke (hereafter “Starke”) is a resident of the State of COMPLAINT FOR DAMAGES 3Caraneun 10 u 12 13 14 15 16 17 18 19 20 2 22 23 24 25 26 27 28 California and is employed in the County of Los Angeles by a Bikram entity. 5. Defendant BIKRAM’S YOGA COLLEGE OF INDIA was a California Limited Partnership and operated in the City and County of Los Angeles at all times material to| this complaint. Defendant BIKRAM INC. is a Delaware Corporation doing business in the State of California, County of Los Angeles. 7. Defendant BIKRAM CHOUDHURY YOGA, INC. is a California Corporation doing business in the State of California. 8. Defendant USA YOGA FEDERATION is a non-profit organization and entity doing business in the State of California which entity is founded and led by Defendant Rajashree Choudhury. 9. The true names and capacities, whether individual, corporate, associate or otherwise, of Defendants Does | through 25, are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names. Plaintiff will amend this Complaint by inserting the true names and capaci ‘they are ascertained. Plaintiff is informed and believes and thereon alleges that each of the Defendants designated herein as a “Doe” is responsible in some manner for the injuries suffered by Plaintiff and for damages proximately caused by the conduct of each such Defendant as herein alleged. 10. Plaintiff is informed and believes and thereon alleges that at all times material to this Complaint, Defendant and each of the defendants fictitiously named in this Complaint, in addition to acting for himself, herself or itself, and on his, her or its own behalf individually, is and was acting as the agent, servant, employee and representative of, and with the knowledge, consent and permission of, and in conspiracy with each and all of the defendants and within the course, scope and authority of that agency, service, employment, representation and conspiracy. Plaintiff further alleges on information and belief that the acts of each of the defendants were fully ratified by each and all of the defendants. Specifically, COMPLAINT FOR DAMAGES 4Cer anueen 10 i 12 3 “4 15 16 7 18 19 20 a 2B 24 25 26 21 28 and without limitation, Plaintiff alleges on information and belief that the actions, failures to act, breaches, conspiracy and misrepresentations alleged herein and attributed to one or more o! the specific defendants were approved, ratified and done with the cooperation and knowledge of cach and all of the defendants. 11, The allegations of this Complaint stated on information and belief are likely to have evidentiary support after a reasonable opportunity for further investigation and discovery. VENUE 12. Venue is proper in Los Angeles County because the Bikram entity Defendants conduct business in this county, or have done business during the times related herein, in the City and County of Los Angeles. Defendant Bikram Choudhury, individually and as a managing agent of the Bikram entity defendants, committed acts causing harm to Plaintiff primarily in the State of California. Defendant Rajashree Choudhury, individually and| as a managing agent of the Bikram entity defendants, committed acts causing harm to Plaintiff primarily in the State of California. Defendant Petra Starke as an employee and managing agent of the Bikram entity defendants, committed acts causing harm to Plaintiff primarily in the| State of California, EXHAUSTION OF ADMINISTRATIVE REMEDIES 13. Onor about June 11", 2013, plaintiff filed a charge of discrimination, retaliation and harassment with the Department of Fair Employment and Housing (“DFEH”). On ot about June 11", 2013, plaintiff received a Notice of Case Closure, together with a Right-To} Sue Notice, a copy of which is attached hereto as Exhibit A. SUMMARY OF FACTS & CLAIMS 14, __Inor about Spring of 2011, Plaintiff was induced to leave her job in India to come to Los Angeles and work for Defendant Bikram Choudhury and the Bikram enti COMPLAINT FOR DAMAGES 5Car aneen 10 M 12 1B 14 15 16 7 18 19 20 2 23, 24 25 26 27 28 15, She was offered and accepted a three-year contract with a starting annual salary of $125,000.00. (Exhibit B hereto is a true and correct copy of Bikram Choudhury’s August 30. 2011 offer letter). 16. In March 2011, Plaintiff relocated her home and her young daughter from Delhi, India in to Los Angeles, California to serve as Head of Legal and Intemational Affairs for Bikram Choudhury and the Bikram entities. 17. Despite the promise and contract to pay a starting annual salary of $125,000.00, Defendants failed to pay Plaintiff as agreed. 18. From almost the beginning of her employment Plaintiff was subject to severe, ongoing, pervasive and offensive conduct by Defendant Bikram Choudhury. Such conduct included, among other things: + Bikram Choudhury repeatedly referring to women, including female employees and others as “bitches,” “fucking bitches,” “fat bitches” and “stupid bitches,” + Bikram Choudhury repeatedly made offensive and vulgar sexual gestures including placing his fingers in a circle and inserting the fingers of his other hand into them, simulating intercourse; licking his fingers, sticking his fingers in the air and licking them, simulating oral sex; + Bikram Choudhury repeatedly made disparaging remarks about single mothers, including myself, and stated to a co-worker “make sure we don’t hire single women with kids in the future;” + Bikram Choudhury created a hyper-sexualized, offensive and degrading environment for women by, among other things, demanding that female staffers brush his hair and give him massages. Plaintiff was often required to conduct business meetings with Bikram| Choudhury while he was receiving such massages. Plaintiff was on a number of occasions required to meet Bikram Choudhury in his hotel room typically at night. During one such meeting, Bikram Choudhury climbed into bed, and patted the bedspread next to him (indicating COMPLAINT FOR DAMAGES -6Sewmrxraueon a 12 13 14 15 16 17 18 19 20 2 23 24 25 26 27 28 to Plaintiff to come and sit/lie down next to him in the bed). Plaintiff moved away from Choudhury and the bed and went and sat at a desk to conduct a telephone conference. + Bikram Choudhury frequently leered at female staffers and others, and often stared at and remarked on their physical attributes, including stating such offensive comments as “that bitch is too skinny,” or — to Plaintiff's assistant “you look good sweetheart but what shall we do about her [gesturing to Plaintiff] she is still too fat.” + Bikram Choudhury made outrageous and offensive comments about homosexuals, including “AIDS is caused by gays, itis the truth,” and “but these fucking asshole guys love me, they love Bikram;” + Bikram Choudhury made outrageous and offensive comments about African Americans, including “these blacks just don’t get my yoga;” He also targeted African American studio owners and students, treating them differently than non-African American owners/students. + Bikram Choudhury made outrageous and offensive comments about Jewish people, including saying Hitler had the right idea, but that he “was just not efficient enough. If| he was more efficient, all these fucking Jews would be finished;” + Bikram Choudhury frequently brought his mistress to the workplace and flaunted her, despite the fact that he knew this made me extremely uncomfortable given my close relationship with his wife, Rajashree Choudhury. Bikram Choudhury pressured Plaintiff into secretly purchasing a property in Hawaii for his mistress. + Bikram Choudhury repeatedly to female yoga studio owners as “bitches;” and referred to one particular female studio owner in Los Angeles as “that fucking stupid Korean bitch,” + Bikram Choudhury often would call for young women yoga students/trainees to be brought up to his hotel room. When Plaintiff objected to this practice out of concern for the safety and security of the young women, she was retaliated against and pushed out of Bikram Choudhury’s “inner circle.” One such example of Bikram Choudhury’s predatory and illegal COMPLAINT FOR DAMAGES “7Cer auaeen 10 rT 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 behavior took place during the Spring 2012 Teacher Training in Los Angeles at the Radisson Hotel. One young female trainee asked for permission to go home because she felt intimidated and shocked by the sexually charged atmosphere, One of Bikram’s senior staffers refused to le her leave, telling her that she must FIRST go to Bikram’s hotel room that night and talk to him, ‘Once Plaintiff learned of this, she immediately instructed staff that this was not permissible or appropriate and that it must never happen again, + Bikram Choudhury also permitted and encouraged his male friends from ‘overseas to treat his female staff and students as if they were chattels there for his and his {riend’s enjoyment, sexual gratification and pleasure. + Bikram Choudhury also pressured The foregoing is just a sample of Defendant Bikram Choudhury’s improper, illegal, /wrongful conduct, and not an exhaustive list. 19, Plaintiff attempted to investigate an incident that was reported by a female student seeking readmission to the Fall 2012 Teacher Training, which involved her claim that she had been raped at an earlier Training (Plaintiff believes Spring 2012) and had been sent home. Plaintiff was told to stay out of it and not investigate. 20. Plaintiff also attempted to investigate the mistreatment of another female student {trainee at the Fall 2012 Teacher Training by a friend of Bikram Choudhury’s and another male trainee. During that investigation, Plaintiff withheld the male trainee’s teaching certificate pending the outcome of the investigation. When Bikram Choudhury found out that Plaintiff ‘was investigating the incident and had withheld the male trainees’ certificate, Bikram angrily demanded that Plaintiff stop her investigation and give him his certificate, stating “those boys didn’t do nothing to that stupid girl.” 21. Another female staffer reported to Plaintiff that a female trainee in Acapulco reported that Bikram had done something “of a sexual nature” to her during that training. Thereafter, Plaintiff was later told that it was “resolved” and that it was “best” if she “not look into it any further.” COMPLAINT FOR DAMAGES -8Cer anuaun 10 12 1B 4 15 16 7 18 19 20 21 22 23 24 25 26 27 28 o a 22. When former CEO Mark Sacks was fired, all of his duties were pushed onto Plaintiff, with no additional compensation or assistance. 23. Plaintiff also was treated in an offensive and threatening way by Bikram Choudhury’s driver, Sando Panday. As but one example of this, when Plaintiff instructed Panday that the temperature in the yoga room must not exceed 105 degree Fahrenheit (which hhad reached 120 degrees on numerous occasions which caused complaints and created a dangerous and unsafe condition for those in the room), Panday screamed at Plaintiff “Bikram said to tell you to mind your own fucking business.” Plaintiff complained about this attack to Rajashree Choudhury and to another individual. Nothing was done, and Plaintiff was further ‘marginalized and retaliated against for daring to question Bikram Choudhury. 24. In or about February, 2012, Bikram Choudhury’s conduct, harassment, discrimination and retaliation escalated, and Bikram threatened to have Plaintiff putin jail because he was apparently displeased with the way she handled an endorsement deal (which he later then complimented Plaintiff on, saying it was a great business deal for him and requested repeatedly that Plaintiff “put the water deal back together.” 25. In Summer 2012, when Plaintiff explained to Bikram Choudhury that he was compelled by a Court to present himself for a deposition, he yelled at her and berated her stating “I am famous. Famous people don’t do fucking depositions” and he referred to Plaintiff's lawyer in that case as “that fucking bitch.” 26. Inor about November, 2012, Defendant Petra Starke first began appearing and getting involved in the Bikram entities business dealings and attending business meetings. Plaintiff questioned whether this was not a conflict of interest and potentially illegal conduct sgiven that Ms. Starke was then employed by the U.S. Government as White House Counsel. Plaintiff's concerns were ignored. 27. _ Plaintiff believes, and on that basis alleges, that Defendant Petra Starke was ‘engaged in the business and business dealings of Bikram Choudhury and the Bikram entities at the same time she was employed by the U.S. Government as Counsel to the White House. COMPLAINT FOR DAMAGES -9Cer au awn 10 rT 12 te 4 15 16 7 18 19 20 a 22 23 24 25 26 27 28 ce “ Numerous documents and records, including telephone records and electronic communications,| show this involvement. Plaintiff believed that this was ethically improper and possibly criminal conduct and expressed her concerns to Defendants but those concerns were ignored. 28. Defendant Bikram Choudhury also engaged in physically intimidating and threatening conduct, including pointing his finger in the shape of a gun and demonstrating like he was shooting Plaintiff. 29. Defendant Rajashree Choudhury (an Officer of various Bikram Entity Defendants named herein) knew that much of this abusive, illegal, threatening, harassing and discriminatory conduct was taking place but she did nothing to prevent or curtail it. She also knew that young female yoga trainees and students were potential victims of her husband Bikram Choudhury and endangered by his presence, and in fact discussed that very subject. with Plaintiff, but she did nothing whatsoever to prevent or restrain her husband. 30. During the course of coordinating the defense of Bikram Choudhury and the Bikram entities in other lawsuits, Plaintiff kept Bikram Choudhury up to date on the litigation and status. At one such time, when Plaintiff informed Bikram Choudhury that a witness had testified in a manner that was unhelpful to him and was “against” him, Bikram demanded that Plaintiff contact the witness and intimated that she should be pressured to keep quiet. When Plaintiff refused, Bikram became angry and further retaliated against Plaintiff. 31. Defendant Bikram Choudhury also made threatening statements about a Federal Court Judge who issued a ruling that was unfavorable to Bikram Choudhury and the Bikram entities. Defendant Bikram Choudhury made references to having the Judge “taken out” and “removed,” and “fixed.” Bikram Choudhury stated — in the presence of witnesses including Rajashree Choudhury and Petra Starke that he would “handle [the Judge] his own way.” 32. Defendant Bikram Choudhury also directed Plaintiff to begin a smear campaign against a male studio owner that he was involved in a lawsuit with. Bikram Choudhury told Plaintiff that she needed to accuse that studio owner of sexual misconduct, including being a “rapist.” Plaintiff refused and the retaliation against her continued to escalate. COMPLAINT FOR DAMAGES =10