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35. cont.
Ms. Williams was required to lose weight by Defendants in order to perform her job bartending visibly with the public meeting a female sexual stereotype of looking rail-thin. Defendants claim they are within their rights to require weight loss of Plaintiff who is female.
36. Ms. Williams desires a judicial injunction to be returned to the front bar, visible to the public where she can perform her bartending duties as she did successfully prior to her 5-lb. weight gain. She has suffered irreparable harm of emotional distress, humiliation and has been denied her appropriate position.
37. A judicial injunction is necessary and appropriate at this time returning Ms. Williams to her rightful position at her work site. Such an injunction will avoid conflict between the parties and the possibility of a multiplicity of actions.
WHEREFORE, Plaintiff prays that judgment be entered in her favor and against Defendants as follows:
AS TO THE FIRST CAUSE OF ACTION:
1. That Plaintiff be awarded general and compensatory damages, including prejudgment interest, in an amount according to proof at trial;
2. That Plaintiff be awarded reasonable attorneys’ fees and costs of suit and interest incurred; and
3. That Plaintiff be awarded punitive or exemplary damages against Defendants in an amount according to proof at trial;
4. That this Court award such other and further relief as the Court deems just and proper.
AS TO THE SECOND CAUSE OF ACTION:
1. That Plaintiff be awarded general and compensatory damages, including prejudgment interest, in an amount according to proof at trial;
2. That Plaintiff be awarded reasonable attorneys’ fees and costs of suit and interest incurred; and.
3 That Plaintiff be awarded punitive or exemplary damages against Defendants in an amount according to proof at trial;
4. That this Court award such other and further relief as the Court deems just and proper.
AS TO THE THIRD CAUSE OF ACTION:
1. For an injunction that Plaintiff be returned to her rightful position in the front bar visible to the public regardless of her weight;
2. That Plaintiff be awarded costs of suit; and
3. That this Court award such other and further relief as the Court deems just and proper.
Dated: October 30, 2008
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.