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1 economic damages, in a sum to be ascertained according to proof. Said damages are <br /> 2 of the type that any person would suffer as result of the illegal and wrongful conduct of <br /> 3 Defendants; Plaintiff does not claim that he has suffered any psychiatric illness as a <br /> 4 result of the conduct of Defendants. Plaintiff Serrano further seeks to recover all wages <br /> 5 and benefits that Plaintiff would have earned if not discriminated against, retaliated <br /> 6 against, or unlawfully harmed in amount to be proven at trial. <br /> 7 164. Plaintiff SAPOA has incurred damages in the form of attorney fees, costs <br /> 8 and nominal damages because of Defendants' violations of the Labor Code section <br /> 9 cited above. <br /> 10 165. The duty to obey the Labor Code sections set forth above is a ministerial <br /> 11 duty and is not discretionary. By acting, and failing to act, as set forth above, <br /> 12 defendants have violated a ministerial duty. Moreover, the acts and/or omissions of <br /> 13 defendants, set forth above, demonstrate that defendants' failure to comply with the <br /> 14 California Constitution wherein it enjoins certain acts; therefore, defendants actions <br /> 15 were illegal as a matter of law under Government Code section 1222, which makes a <br /> 16 public officer's "willful omission to perform any duty enjoined by law" a misdemeanor. <br /> 17 166. The acts listed above, individually or jointly, constitute a violation of <br /> 18 Plaintiffs' rights under the Labor Code and therefore this court should render all <br /> 19 available and proper relief to remedy the violations and to prevent future violations of a <br /> 20 like or similar nature. Plaintiffs specifically seek a "make whole" remedy. <br /> 21 167. For those acts identified in the already filed Government Tort Claim, <br /> 22 Plaintiffs seek all available monetary damages and statutory penalties. For those acts <br /> 23 not yet included in a filed and/or acted upon Government Tort Claim, Plaintiffs seek <br /> 24 injunctive and/or mandamus remedies. Plaintiffs are in the process of satisfying the <br /> 25 Government Tort Claim requirement for those acts or omissions that were learned of <br /> 26 and/or took place after the initial Tort Claim was filed and rejected; upon completion of <br /> 27 that process, Plaintiffs will seek leave to amend the complaint to seek damages and/or <br /> 28 civil penalties for the additional acts that recently occurred or were learned of. <br /> 37 <br /> COMPLAINT <br />