On Aug. 29, 2008, plaintiff Mohammad Dastmalchi, an Iranian Persian Muslim who was a pizza delivery employee for OOC Inc., which was doing business as Extreme Pizza at 2352 Shattuck Avenue in Berkeley, was reprimanded by Yavor Trandev, the senior delivery person, for placing a piece of paper with his name into the sleeve of a pizza delivery bag, which is used to insulate the pizzas and keep them warm until their destination arrival. Dastmalchi claimed he then removed the paper with his first name, “Mohammad,” on it and placed it into the sleeve of a different pizza delivery bag. However, he claimed that Trandev then tried to forcibly remove the pizza delivery bag from his hands, while Manager Julio Rodriguez physically restrained him from protecting himself while Trandev punched and slapped him in the head and chest. Dastmalchi claimed that after he was allegedly attacked, neither Trandev nor Rodriguez nor Extreme Pizza took any steps to allow him to receive immediate medical attention. Dastmalchi claimed that he was subsequently terminated from his position at Extreme Pizza on Aug. 29, 2008, without good cause after he reported the attack to the Berkeley Police Department. Dastmalchi sued OOC Inc., Trandev and Rodriguez. He alleged that Trandev’s actions constituted assault and battery. He also alleged the actions of Trandev and Rodriguez constituted harassment and discrimination in violation of the Civil Code and the Government Code, and that OOC Inc. retaliated against him and wrongfully terminated him for reporting the attack, constituting a breach of the Labor Code. In addition, Dastmalchi alleged that all the defendants’ actions constituted negligent, reckless and intentional infliction of emotional distress. All claims against Trandev, other than battery and negligent, reckless and intentional infliction of emotional distress, were dismissed on summary judgment. Dastmalchi claimed that his Persian race, Muslim religion and Iranian national origin were substantial factors that resulted in his wrongful termination. He noted that he also filed charges of discrimination and retaliation with the California Department of Fair Employment and Housing. Dastmalchi claimed that despite numerous requests that he be called by his full first name, “Mohammad,” which he preferred, he was repeatedly called “Mo” instead. He alleged that OOC Inc. knew of this harassment, but failed to take appropriate corrective action. He also alleged that OOC Inc. denied his application to become manager, despite his alleged experience and qualifications. In addition, Dastmalchi claimed that when he questioned management at the Berkeley store about why he was terminated, management told him they had been instructed by headquarters to terminate both him and Trandev. OOC Inc. and Rodriguez denied Dastmalchi’s allegations. Specifically, OOC Inc. contended that Dastmalchi failed to take advantage of the preventative and/or corrective opportunities, and failed to exhaust other internal remedies provided by the company in order to avoid harm. It also contended that the company has anti-discrimination/anti-harassment policies, and exercises reasonable care to prevent discrimination, harassment and other unlawful behavior. Trandev also denied Dastmalchi’s allegations. He claimed that a heated argument started regarding the name tag, but that Rodriguez came between the two men and told them to apologize to each other. Trandev claimed that he and Dastmalchi eventually shook hands after the argument was ended. In addition, he claimed that the whole incident lasted one minute and that Dastmalchi never complained to him about any ., Dastmalchi claimed that he was forced to remain at work for hours after the assault, but that he eventually sought medical attention at Alta Bates Hospital on the same day. He claimed he sustained a fractured nose, and suffered difficulty breathing, hearing loss and an irregular heartbeat. Thus, Dastmalchi sought recovery of compensatory, general and punitive damages, as well as costs and attorney fees.