Much like Sony Photos Tv Inc. and Sony Photos Leisure Inc. in December, “The Younger and the Stressed” government producer Anthony Morina earlier this month formally submitted his authorized response to a lawsuit filed by former background actress Briana Thomas who appeared on “The Younger and the Stressed” in 2018 and 2019 as a barista.
Thomas is suing Morina, Sony and CBS, for wrongful termination. She alleges that through the time Morina had been the present’s supervising producer he sexually harassed her on numerous events, stating he would cozy as much as her and provides her compliments about her appears to be like, typically telling her she may “actually be one thing” on the present. After rebuffing him and his advances, together with his supply of a “non-public performing lesson,” Thomas alleges she was subsequently fired from the present.
As Sony did earlier than him, Morina’s submitting notes he’s “answering for himself and no others,” in response to the “unverified” Criticism for Damages (“Criticism”) filed by Plaintiff Briana Thomas (“Plaintiff”). Morina (“Defendant”) supplied three cases for Basic Denial, together with:
- Pursuant to California Code of Civil Process Part 431.30(d), Defendant denies, typically and particularly, each allegation contained in Plaintiff’s Criticism and each explanation for motion therein.
- Defendant additional denies that Plaintiff has sustained any harm, harm or loss by cause of any act or omission on the a part of Defendant, and particularly denies that Plaintiff suffered any of the damages alleged within the Criticism.
- Defendant additional denies that Plaintiff is entitled to any aid in opposition to Defendant on any floor in anyway, and denies that Plaintiff is entitled to damages in opposition to Defendant in any quantity.
For his Affirmative and Different Defenses assertion, Morina’s submitting states, “Having absolutely answered the allegations within the Criticism, Defendant asserts the next further affirmative and different defenses. In so doing, Defendant doesn’t allege or admit that he has the burden of proof and/or persuasion with respect to any of those issues.”
There are 10 Affirmative Defenses or set of details that Morina makes use of as he seeks to dismiss the claims introduced in opposition to him by Thomas in her civil go well with.
- Failure to State a Declare
- The Criticism, and each explanation for motion therein, fails to state details enough to represent a trigger, or causes, of motion in opposition to Defendant.
- Statute of Limitations
- The Criticism, and each explanation for motion therein, is barred by the relevant statute(s) of limitations, together with, with out limitation, California Code of Civil Process Sections 335.1, 337, 338, 339, 340, California Civil Code Sections 52(b)(2), California Authorities Code Sections 12960(d) and 12965(b), and California Enterprise and Professions Code Part 17208.
- Laches/Waiver/Estoppel/Unclean Arms
- The Criticism, and each explanation for motion therein, is barred by the equitable doctrines of laches, waiver, estoppel, and unclean fingers.
- Preemption: Collective Bargaining Settlement
- The Criticism, and each explanation for motion therein, is barred as a result of the grievance and arbitration provisions of a collective bargaining settlement represent the unique process for decision of some or all the claims alleged within the Criticism.
- Failure to Exhaust: Collective Bargaining Settlement
- The Criticism, and each explanation for motion therein, is barred as a result of Plaintiff’s unique treatment for some or all the wrongs alleged within the Criticism are contained within the collective bargaining settlement, which Plaintiff didn’t exhaust.
- No Particular person Legal responsibility
- The Criticism, and each explanation for motion therein, is barred in opposition to Defendant as a result of he was not Plaintiff’s employer, and any actions taken towards Plaintiff had been inside Defendant’s job duties, Defendant’s managerial discretion, and the scope of personnel administration.
- Lack of Employment Relationship
- The Criticism, and each explanation for motion contained therein, fails to state any explanation for motion in opposition to Defendant as a result of he was not Plaintiff’s employer as a matter of truth or regulation, together with with out limitation the California Truthful Employment and Housing Act, California Authorities Code Sections 12900 et seq.
- No Penalties
- The Criticism, and each explanation for motion therein, is barred in complete or partly, on the grounds that Plaintiff is just not entitled to basic and different penalties beneath the California Labor Code, together with, however not restricted to, ready time penalties beneath California Labor Code Part 203. With respect to ready time penalties beneath California Labor Code Part 203, Plaintiff was paid all wages owed at termination, and regardless, any alleged failure to pay all wages due at termination was not willful and/or there existed a very good religion dispute as to the quantity of compensation owed, if any, on the time of termination.
- Failure to Mitigate
- Whereas Defendant denies that Plaintiff has been broken in any method, if it ought to be decided that Plaintiff has suffered legally recognizable damages, such damages have to be lowered or denied of their entirety to the extent that Plaintiff has didn’t take cheap motion to mitigate or reduce Plaintiff’s alleged damages.
- Further Affirmative Defenses
- Defendant presently has inadequate information or data upon which to kind a perception as as to if it might have further, as but unspoken, affirmative defenses accessible. Defendant reserves the appropriate to claim further affirmative defenses within the occasion discovery signifies that it might be acceptable.
Morina is asking for judgment as follows:
- That Plaintiff takes nothing by the use of the Criticism;
- That the Criticism be dismissed with prejudice and judgment entered in favor of Defendant;
- That Defendant be awarded his prices of go well with;
- That Defendant be awarded attorneys’ charges pursuant to statute and/or contract; and
- For such different and additional aid because the Courtroom deems simply and correct.
Representing Morina is lead legal professional Marissa Franco of Davis Wright Tremaine LLP. The agency can also be representing Sony and CBS.
In her 22-page lawsuit filed in August 2021, Thomas claims that Morina as soon as complained about having to attend sexual harassment coaching classes within the wake of CBS’ investigation into sexual harassment allegations introduced in opposition to then CEO Les Moonves. Morina reportedly referred to as the coaching classes “bullshit” and that some “bitches” had “their panties in a bunch” and “didn’t know learn how to take a praise.”
The go well with additionally claims that Morina as soon as referred to a Black actress with quick hair, saying, “[she] has a sizzling physique, however it’s too unhealthy her head seemed like a Chia Pet.”
“I’m the rationale why you’ve a job,” Morina allegedly instructed Thomas at one level as he supplied her “non-public performing classes,” Deadline reported. “I’m doing you a favor. I such as you. Do you perceive what I’m saying?”
Representing Thomas in her lawsuit is Carney Shegerian of Shegerian & Associates, the identical lawyer who filed a lawsuit accusing Mike Richards, the now former host and government producer of “Jeopardy!”
Whereas he was overseeing issues at “The Value is Proper,” Richards was accused of discriminating in opposition to a pregnant mannequin. He denied the allegations.
Thomas is in search of a number of types of damages, together with “unpaid wages, premium pay and statutory penalties” and charges.
On February 15, a listening to was held to indicate trigger for dismissal of any unserved defendants. Thomas filed requesting defendant GEP Cenex, LLC be dismissed “with out prejudice.” The court docket granted the request with out waiving court docket charges or different prices.
A jury trial has been set for March 2023.