Dastmalchi v. OOC CA1/2

Filed 1/30/14 Dastmalchi v. OOC CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

MOHAMMAD DASTMALCHI, Plaintiff and Appellant, A137029 v. OOC, INC., et al., (Alameda County Super. Ct. No. RG09489286) Defendants and Respondents.

Mohammad Dastmalchi brought several causes of action against defendants Yavor Trandev, Julio Rodriguez, and OOC, Inc. (OOC) in the Alameda County Superior Court. They were based on his allegations that, while working for OOC, he was assaulted by Trandev and Rodriguez, who were acting within the scope and duties of their employment with OOC, resulting in his physical injury and termination of employment. Dastmalchi appeals from the judgment in favor of defendants, entered after a jury trial verdict against him. We affirm the judgment because Dastmalchi has not provided a sufficient record to overcome the presumption that the judgment is correct. BACKGROUND Dastmalchi elected to designate and file with this court pursuant to California Rules of Court, rule 8.124, a two-volume appendix, which he describes as a “trial court clerk’s transcript.” It contains a mass of documents that appear to have been filed with the trial court, but which are not identified by indices required by our local rules (Cal. Rules of Ct., rules 8.124(d)(1), 8.144(b)(1)), are not separated by any dividers, and appear, at least in some instances, to be out of order. Dastmalchi did not designate that a

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reporter’s transcript be included in the record. We summarize the pertinent facts and proceedings that we can determine from this limited and confusing record. In December 2009, Dastmalchi, represented by counsel, filed his complaint against defendants. He alleged causes of action against all three for battery, infliction of emotional distress, and violations of Civil Code sections 51.7, 52.1, and Government Code section 12940 et seq. (for harassment). He alleged additional causes of action against OOC for violations of Government Code section 1290 et seq. (for discrimination and retaliation), and Labor Code section 1102.5. Dastmalchi alleged the following facts in support of his causes of action: In August 2008, Dastmalchi, Persian, Muslim, and born in Iran, was a pizza delivery employee of OOC, doing business as Extreme Pizza, in Berkeley, California. Trandev and Rodriguez were also employed there, as a senior delivery person and a manager respectively. In the course of his employment, Dastmalchi was repeatedly called “Mo” instead of his full name, Mohammad, despite his repeated requests that he be called by his full name, which is also the name of the prophet Mohammad, a revered figure in the Muslim religion. Dastmalchi further alleged that an incident occurred on August 29, 2008, that resulted in his physical injury. He was reprimanded that day by Trandev for placing a piece of paper with his name, “Mohammad,” into the sleeve of an insulating pizza delivery bag. He removed the paper and placed it into the sleeve of another bag, which Trandev tried to forcibly remove from his hands. Rodriguez then restrained Dastmalchi while Trandev punched and slapped him in the head and chest, causing Dastmalchi to suffer a fractured nose, difficulty breathing, hearing loss, and an irregular heartbeat. None of the defendants took any steps to allow him to receive immediate medical attention. He was forced to remain at work for hours after the assault, but he eventually sought medical attention at Alta Bates Hospital in Berkeley later that day. According to Dastmalchi, Rodriguez falsely claimed Dastmalchi provoked the attack by shoving Trandev, although Trandev admitted otherwise to Rodriguez. OOC terminated Dastmalchi’s employment without good cause after he reported the attack to