1 Terry K. Davis, Esq.

, SBN 165088
12711 Newport Avenue, Ste. D
2 Tustin, CA 92780
(714) 558-9529
3
4 Attorney for Plaintiff MICHAEL HENDERSON
5
6 SUPERIOR COURT OF THE STATE OF CALIFORNIA,
7 FOR THE COUNTY OF RIVERSIDE-HISTORICAL COURTHOUSE
)
8 MICHAEL HENDERSON, ) CASE NO.
)
9 Plaintiff, ) Unlimited Jurisdiction
)
10 vs. )
) COMPLAINT FOR DAMAGES:
11 MURRIETA VALLEY UNIFIED SCHOOL )
) 1. SEX ORIENTATION DISCRIMINATION;
12 DISTRICT; JACI CLAWSON, an individual; ) 2. FAILURE TO MAINTAIN ENVIRONMENT
and DOES 1 through 100, inclusive, ) FREE FROM HARASSMENT;
13 ) 3. FAILURE TO TAKE PREVENTIVE
Doe Defendants. ) ACTION;
14 ) 4. NEGLIGENCE;
) 5. NEGLIGENT INTERFERENCE WITH
15 ) PROSPECTIVE ECONOMIC RELATIONS;
) 6. NEGLIGENT INFLICTION OF
16 ) EMOTIONAL DISTRESS

17
JURY TRIAL DEMANDED
18 )
19
20 INTRODUCTORY ALLEGATIONS
21 1. At all material times, Plaintiff MICHAEL HENDERSON (hereinafter
22 “HENDERSON”) was employed by defendant, and was a resident of the State of

23 California, County of Riverside.

2. Plaintiff is informed and believes, and thereon alleges, that Defendant
24
MURRIETA VALLEY UNIFIED SCHOOL DISTRICT (hereinafter “MVUSD”), and at
25
all times relevant hereto, is a entity doing business within the State of California, County
26
of Riverside.
27
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1 COMPLAINT FOR DAMAGES

 1 3. Plaintiff is informed and believes, and thereon alleges, that Defendant JACI
2 CLAWSON (hereinafter as “JC”), and at all times relevant hereto, is a resident of the

3 State of California, County of Riverside.

4 4. The true names and capacities of the defendants named herein as DOES 1 through
50, inclusive, whether individual, corporate, associate or otherwise, are unknown to
5
Plaintiff who therefore sues such defendants by fictitious names pursuant to Cal. Code
6
Civ. Proc. §474. Plaintiff is informed and believes that Doe defendants are California
7
residents. Plaintiff will amend this Complaint to show such true names and capacities
8
when they have been determined. Each defendant was an agent of the other defendants
9 and ratified the conduct of the other defendants.
10 5. At all times herein mentioned, each defendant was the agent, servant and
11 employee of its remaining co-defendants, and was at all times acting within the course
12 and scope of said agency, service or employment.

13
FACTUAL BACKROUND
14
6. In or about June 2018 HENDERSON, an openly gay male was hired by defendant
15
MVUSD as the Head Cheer Coach.
16
7. On June 11, 2021, HENDERSON was notified via telephone by Athletic Director
17 (AD), Darin Mott and Principal Ryan Tukua to turn in his keys and that he was on
18 suspension regarding an alleged “anonymous letter” believed to have been sent by JC and
19 DOES 1-50.
20 8. Board member Paul Diffley, Darin Mott and Ryan Tukua began conducting an

21 investigation into HENDERSON’S own personal conduct and communication with a gay
male athlete who had been suicidal back in October 2019 which took place while
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HENDERSON was teaching at a private facility called Cartwheels on his personal time.
23
9. Subsequently, without being allowed to provide any meaningful response or
24
statement, HENDERSON’S employment with MVUSD was summarily terminated on
25
June 16, 2021.
26 10. Plaintiff alleges that the conduct described above constitutes sexual orientation
27 discrimination in the workplace in violation of California public policy and statute and
28 was a substantial factor in causing damages and injury as to plaintiff described below.

2 COMPLAINT FOR DAMAGES

 1 11. As a direct and proximate result of the unlawful acts of Defendants, Plaintiff has
2 suffered and continues to suffer from emotional distress in amounts as yet unascertained,

3 but subject to proof at trial.

4
FIRST CAUSE OF ACTION
5
Sexual Orientation Discrimination in Employment
6
(Against MVUSD)
7
12. Plaintiff incorporates by reference the allegations of paragraphs 1 through 11 as
8 though fully set forth herein.
9 13. At all times relevant to the facts alleged in this complaint, Government Code
10 Section 12940, et seq., were in full force and effect and were binding upon the defendants
11 and each of them. Such laws represented the public policy of the State of California, to

12 wit, requiring the defendants to refrain from discriminating against any employee on the
basis of sexual orientation.
13
14. Plaintiff alleges that the conduct described above constitutes sexual orientation
14
discrimination in the workplace in violation of California public policy and statute and
15
was a substantial factor in causing damages and injury as to plaintiff described below.
16 15. As a proximate result of the discriminating conduct, plaintiff has suffered and
17 continues to suffer loss of wages, stipends, and other special damages in an amount to
18 be set forth at time of trial.
19 16. Defendants committed the acts alleged herein maliciously, fraudulently and

20 oppressively, in bad faith, with the wrongful intention of injuring plaintiff, from an
improper and As a further proximate result of defendants' tortious conduct as hereinbefore
21
alleged, plaintiff was caused to become seriously and severely emotionally upset and
22
depressed. He has suffered, and continues to suffer anxiety, worry, loss of appetite and loss of
23
sleep, all to his detriment and damage in an amount unspecified at present, and which will be
24
subject to proof at the time of trial. Plaintiff therefore seeks general damages for such mental
25 and emotional distress according to proof at trial.
26 17. The acts of defendants were done intentionally, willfully, oppressively, fraudulently, and
27 maliciously. The acts complained of were performed, authorized and ratified by defendants'
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3 COMPLAINT FOR DAMAGES

 1 officers, directors and managing agents, thereby entitling plaintiff economic and non-economic
2 damages according to proof.

3 18. Pursuant to Government Code Section 12965(b), plaintiff also requests an award

4 of attorneys' fees against defendants and each of them.

19. Within the time provided by law, plaintiff made a complaint to the Department of
5
Fair Employment and Housing, and plaintiff has received a Right to Sue letter. (Attached
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herein as Exhibits "1" and "2" respectively.)
7
8 SECOND CAUSE OF ACTION
9 Failure to Maintain Environment Free from Discrimination/Harassment
10 [Cal. Gov’t Code §12940(i)]
11 (Against MVUSD)
12 20. The allegations of paragraphs 1 through 11, 13 through 19 are realleged and

13 incorporated herein by reference. This cause of action is pled against MVUSD.

21. Defendants failed to take all reasonable steps to prevent discrimination and
14
harassment against plaintiff from occurring, and to take immediate and appropriate
15
corrective action to remedy the discrimination/harassment, in violation of Cal. Gov’t
16
Code §12940(i), by engaging in the course of conduct set forth in paragraphs 7 through
17
11, among other things.
18 22. Specifically, MVUSD failed and has failed to the present time to take any
19 disciplinary action against anyone of its Board members or employees.
20
21 THIRD CAUSE OF ACTION

22 Failure To Take Preventative Action

[Cal. Gov’t Code §12900, et seq.]
23
(Against MVUSD)
24
23. Plaintiff hereby incorporates by reference paragraphs 1 through 8, 10 through 19,
25
and 21-22 of this Complaint, as though fully set forth herein. This cause of action is pled
26 against defendant MVUSD.
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4 COMPLAINT FOR DAMAGES

 1 24. The above-described actions of defendants constitute failure to take all steps
2 necessary to prevent discrimination and harassment from occurring, in violation of

3 California Government Code §12940(k).

4 25. As a proximate result of Defendant’s actions, Plaintiff has suffered substantial

loss of earnings and other employment benefits, and has suffered and continues to suffer
5
embarrassment, humiliation and mental anguish, all to his damage in an amount
6
according to proof.
7
8 FOURTH CAUSE OF ACTION
9 Negligence
10 (Against Defendant JC and DOES 1-50)
11 26. Plaintiff restates and incorporates herein by reference all allegations contained in

12 the above paragraphs as though fully set forth herein against defendant JC and
DOES 1-50.
13
27. In or around April 2021, Defendants created and published false and
14
unreasonable statements about HENDERSON that caused damage to his professional
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reputation with MVUSD. It was foreseeable that these false and unreasonable statements
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would result in MVUSD and other possible entities terminating Plaintiff from his career
17 profession with them. Defendants published these false and unreasonable statements
18 with certainty that MVUSD would act upon these claims, ultimately being used as the
19 grounds for HENDERSON’S termination from his employment.

20 28. Defendants owed HENDERSON a duty of care to not recklessly damage his

21 professional reputation.
29. Defendants breached this duty of care by way of their own conduct when they
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negligently, carelessly, recklessly, and/or unlawfully published and disseminated this
23
false narrative through defendant JC and DOES 1-50, to defendant MVUSD, that
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HENDERSON was incompetent in his position, had a poor work ethic/attitude, was
25 abusive to children, was homosexual, so as to cause HENDERSON the loss of his
26 employment with defendant MVUSD, and caused damages to his reputation within
27 MVUSD, resulting in both economic and non-economic harm. As a direct and proximate
28 result of the said wrongful conduct and/or omissions of Defendants, and each of them,

5 COMPLAINT FOR DAMAGES

 1 HENDERSON has sustained professional and reputational harm, which directly and
2 foreseeably resulted in the loss of HENDERSON’S’S job at defendant MVUSD.
3 30. The loss of HENDERSON’S job has caused him substantial losses in earnings,

4 significant reputation and professional injury, medical expenses, future earnings and
benefits and costs of suit in an amount to be determined at trial.
5
31. As a further direct and legal result of said wrongful conduct and/or omissions of
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Defendants, and each of them, HENDERSON has suffered severe mental and emotional
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distress, pain and suffering, embarrassment, and anguish, which continues to this day.
8
9 FOURTH CAUSE OF ACTION
10 Negligent Interference with Prospective Economic Relations
11 (Against JC and DOES 1-50)

12 32. Plaintiff restates and incorporates herein by reference all allegations contained in
the above paragraphs as though fully set forth herein.
13
33. Plaintiff is informed and believes and thereon alleges that Defendant JC and
14
DOES 1-50, inclusive, and each of them made false and malicious statements about
15
HENDERSON around April 2021, with the intent that HENDERSON’s professional
16
reputation be tarnished, and that Defendant MVUSD lose confidence in his ability to
17 work with Defendant MVUSD and defendant’s employees, management and parents.
18 Defendants shared this false and malicious narrative with Defendant MVUSD and
19 defendant’s employees, management and parents, with reckless disregard that the claims

20 would be taken seriously and acted upon by Defendant MVUSD.

21 34. HENDERSON had a reasonable probability of future business opportunities and

economic benefit in connection with both: (1) his relationship with Defendant MVUSD;
22
and (2) his relationship with defendant’s employees, management and parents.
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35. Defendant JC and DOES 1-50 had knowledge of such opportunities and knew or
24
should have known that if they did not act with due care, their actions would interfere
25 with such opportunities and cause HENDERSON to lose the economic benefit of such
26 relationships.
27 36. Defendant JC and DOES 1-50 acted negligently and disrupted HENDERSON’S
28 relationships and business opportunities with Defendant MVUSD and defendant’s

6 COMPLAINT FOR DAMAGES

 1 employees, management and parents, in violation of, among others, California Business
2 and Professions Code § 17200.
3 37. As a direct and proximate result of Defendant JC and DOES 1-50’s conduct,

4 HENDERSON has been injured in an amount to be determined at trial.

5
SIXTH CAUSE OF ACTION
6
Negligent Infliction of Emotional Distress
7
(Against MVUSD, Defendant JC and DOES 1-50)
8 38. Plaintiff restates and incorporates herein by reference all allegations contained in
9 the above paragraphs as though fully set forth herein.
10 39. As set forth above, Defendant’s actions were outrageous and demonstrated a
11 complete disregard for HENDERSON.

12 40. Defendants negligently interfered with HENDERSON’S employment by creating

and perpetuating a malicious and false narrative about HENDERSON, incompetent in
13
his position, had a poor work ethic/attitude, was abusive to children, and was
14
homosexual. Defendants shared this false and malicious narrative with MVUSD and
15
defendants’ employees, management and parents with the intent that these claims would
16
be taken seriously, and acted upon, ultimately being the grounds for HENDERSON’S
17 termination from his employment with Defendant MVUSD.
18 41. Defendants, who were fully aware of HENDERSON’S fragile and vulnerable
19 mental and emotional state, used their authority to persuade Defendant MVUSD that

20 HENDERSON was incompetent in his position, had a poor work ethic/attitude, was

21 abusive to children, and was homosexual, a liability to and ultimately a burden for
Defendant MVUSD relationship with HENDERSON, to negligently cause the loss of his
22
job, knowing that the loss of his job would result in severe mental and emotional distress
23
to HENDERSON. These negligent acts by Defendants HENDERSON and/or acted in
24
conscious disregard of the probability that HENDERSON would suffer severe emotional
25 distress. Defendants’ conduct was so extreme as to go beyond the bounds of decency
26 and be regarded as intolerable in a civilized society.
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7 COMPLAINT FOR DAMAGES

 1 42. Defendants owed a duty of reasonable care to HENDERSON in their actions and
2 conduct towards him. It was foreseeable and probable that HENDERSON would suffer
3 severe emotional distress as a result of Defendant’s conduct as described above.

4 43. Defendants acted negligently by breaching the duty of care they owed to
HENDERSON when they represented to Defendant MVUSD that HENDERSON was
5
incompetent in his position, had a poor work ethic/attitude, was abusive to children, and
6
was homosexual HENDERSON’S inability to be effective in his position, duties and
7
overall performance of his job would negatively Defendant MVUSD and
8 HENDERSON’S professional relationship.
9 44. HENDERSON has and continues to suffer severe emotional distress as a direct
10 and proximate result of Defendant’s negligent actions towards him.
11 45. Defendant’s actions were a substantial factor in causing HENDERSON’S severe

12 emotional distress.
46. The actions alleged herein were done with malice, fraud, and oppression, and in
13
reckless disregard of HENDERSON’S rights.
14
47. As a result of Defendant’s conduct, HENDERSON has incurred and will
15
continue to incur damages in an amount to be determined at trial.
16
17 PRAYER FOR RELIEF
18 WHEREFORE, Plaintiff requests relief as follows:
19 1. For Defendant MVUSD to reinstate Michael Henderson as Head Cheer Coach at

20 Murrieta Valley High School, MVUSD;

2. For special and economic damages for all Causes of Action;
21
3. For general and non-economic damages for all Causes of Action;
22
4. For prejudgment interest at the prevailing legal rate;
23
5. For injunctive relief including requiring defendants to adopt reasonable postings and
24
changes in personnel policies and procedures regarding sexual orientation
25 discrimination, requiring training for all employees, for a permanent injunction
26 enjoining defendants, their agents, successors and employees and those acting in
27 concert with them from engaging in each of the unlawful practices, policies, usages
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8 COMPLAINT FOR DAMAGES

 1 and customs set forth hereinabove, and for such other injunctive relief as the Court
2 may deem proper;

3 6. For costs of the suit including reasonable attorneys’ fees; and

4 7. For such other and further relief as the Court may deem just and proper.

5
6 DATED: September 22, 2021 LAW OFFICES OF TERRY K. DAVIS
7
8 ______________________
9 Terry K. Davis
Attorney for Plaintiff
10 MICHAEL HENDERSON
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DEMAND FOR JURY TRIAL
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Pursuant to Cal. Code of Civil Procedure § 600 et seq. (and Rule 38 of the Federal Rules
25
of Civil Procedure should this case ever be removed to federal court), Plaintiff hereby demands
26
trial by jury of all issues which may be tried to a jury.
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9 COMPLAINT FOR DAMAGES

 1 DATED: September 22, 2021 LAW OFFICES OF TERRY K. DAVIS
2
3 ______________________
4 Terry K. Davis
Attorney for Plaintiff
5 MICHAEL HENDERSON
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10 COMPLAINT FOR DAMAGES