Asta Jonasson v. Vin Diesel, One Race Films, Inc. et al.—Wrongful Termination, Sexual battery lawsuit brought by former assistant
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Case Summary
In a civil suit filed on December 21st in Los Angeles Superior Court stemming from a 2010 incident in which Vin Diesel’s former assistant, Asta Jonasson alleges that Diesel forcibly groped, restrained and kissed her in a hotel suite in Atlanta and masturbated in front of her. The complaint states Diesel ignored Jonasson’s “clear statements of non-consent,” and after she “screamed and ran towards the nearby bathroom,” he “pinned her against the wall with his body."
Jonasson claims that Samantha Vincent, the president of Diesel’s company One Race at the time, called her “mere hours” after the alleged assault and “terminated Ms. Jonasson’s employment.”
“No one is too famous or powerful to evade justice,” Claire-Lise Kutlay of Greenberg Gross LLP, attorney for Jonasson, wrote in a statement. “We hope her courageous decision to come forward helps create lasting change and empowers other survivors.”
“No one is too famous or powerful to evade justice,” Claire-Lise Kutlay of Greenberg Gross LLP, attorney for Jonasson, wrote in a statement. “We hope her courageous decision to come forward helps create lasting change and empowers other survivors.”
“Vin Diesel categorically denies this claim in its entirety,” Bryan Freedman, attorney for Diesel, wrote in a statement. “This is the first he has ever heard about this more than 13-year-old claim made by a purportedly 9-day employee.”
POSSIBLE CONSEQUENCES
Vin Diesel does not participate in season two of What If…? as the voice of Groot, which was recently released. The actor, who was recently accused of alleged sexual assault, will no longer voice his Guardians of the Galaxy character.
The second season of the animated series that explores new settings in the Marvel Cinematic Universe arrived on Disney + on December 22 and there was one detail that caught the attention of viewers: the absence of Vin Diesel.
The credits of the first episode of What If…? They confirmed that the actor is no longer part of the series, since Groot is now voiced by Fred Tatasciore, a veteran Marvel voice actor.
In this first episode Groot only had two lines, carried out by Tatasciore in the task of mentioning "I am Groot" to convey the character's emotions and intentions; However, Rocket's best friend is expected to have more appearances this season.
This is the first time that the actor, known for the Fast and Furious saga, has not dubbed the voice of the animated character, since at the beginning of the year he voiced him in the third and final installment of Guardians of the Galaxy.
Case Information
The second season of the animated series that explores new settings in the Marvel Cinematic Universe arrived on Disney + on December 22 and there was one detail that caught the attention of viewers: the absence of Vin Diesel.
The credits of the first episode of What If…? They confirmed that the actor is no longer part of the series, since Groot is now voiced by Fred Tatasciore, a veteran Marvel voice actor.
In this first episode Groot only had two lines, carried out by Tatasciore in the task of mentioning "I am Groot" to convey the character's emotions and intentions; However, Rocket's best friend is expected to have more appearances this season.
This is the first time that the actor, known for the Fast and Furious saga, has not dubbed the voice of the animated character, since at the beginning of the year he voiced him in the third and final installment of Guardians of the Galaxy.
Case Information
Los Angeles County Superior Court
Stanley Mosk Courthouse
111 N Hill St, Los Angeles, CA 90012Stanley Mosk Courthouse
Case No.: 23STCV31143
New Case No: 24STCV08350
Pleading: Wrongful Termination
Original Filing Date: 12/21/2023New Filing Date: 4/3/2024
New Attorneys
Jennifer S. Baldocchi
New Defendants:
- ABC SIGNATURE LLC DBA ABC STUDIOS A CALIFORNIA LIMITED LIABILITY COMPANY
- INTERNATIONAL FAMOUS PLAYERS RADIO PICTURE CORPORATION A CALIFORNIA CORPORATION
- RIDLEY IV AN INDIVIDUAL JOHN IV
- THE WALT DISNEY COMPANY -A CALIFORNIA CORPORATION
Future Court Dates
Case Management Conference 9/23/2024 at 10:00 AM in Department 50 at 111 North Hill Street, Los Angeles, CA 90012
Plaintiff prays for judgment against the Defendants for compensatory damages and other special and general damages according to proof, including lost earnings, salary, bonuses, and other job benefits. The plaintiff is also seeking damages for emotional distress, punitive damages, pre- and post-judgment interest, statutory damages and penalties as appropriate, including a civil penalty of $10,000 for each violation of sections 98.6 and 1102.5 of the Labor Code and reasonable attorneys’ fees and costs incurred in this action.
Labor Code 1102.5.
(a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.
(b) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.
(c) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.
(d) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for having exercised their rights under subdivision (a), (b), or (c) in any former employment.
(e) A report made by an employee of a government agency to their employer is a disclosure of information to a government or law enforcement agency pursuant to subdivisions (a) and (b).
(f) In addition to other penalties, an employer that is a corporation or limited liability company is liable for a civil penalty not exceeding ten thousand dollars ($10,000) for each violation of this section.
(g) This section does not apply to rules, regulations, or policies that implement, or to actions by employers against employees who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or trade secret information.
(h) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section.
(i) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400.
Government Code 12940(j)
(j) The court is authorized to award reasonable attorney’s fees to a plaintiff who brings a successful action for a violation of these provisions.
(j) (1) For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision-making, or veteran or military status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer’s control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment.
(2) The provisions of this subdivision are declaratory of existing law, except for the new duties imposed on employers with regard to harassment.
(3) An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action.
(4) (A) For purposes of this subdivision only, “employer” means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of “employer” in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision.
(B) Notwithstanding subparagraph (A), for purposes of this subdivision, “employer” does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2.
(C) For purposes of this subdivision, “harassment” because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire.
(5) For purposes of this subdivision, “a person providing services pursuant to a contract” means a person who meets all of the following criteria:
(A) The person has the right to control the performance of the contract for services and discretion as to the manner of performance.
(B) The person is customarily engaged in an independently established business.
(C) The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employer’s work.
Civil Code 1708.5.
(a) A person commits a sexual battery who does any of the following:
(1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results.
(2) Acts with the intent to cause a harmful or offensive contact with another by use of the person’s intimate part, and a sexually offensive contact with that person directly or indirectly results.
(3) Acts to cause an imminent apprehension of the conduct described in paragraph (1) or (2), and a sexually offensive contact with that person directly or indirectly results.
(4) Causes contact between a sexual organ, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed.
(5) Causes contact between an intimate part of the person and a sexual organ of another from which the person removed a condom without verbal consent.
(b) A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages.
(c) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.
(d) For the purposes of this section:
(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, or the breast of a female.
(2) “Offensive contact” means contact that offends a reasonable sense of personal dignity.
(e) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.(Amended by Stats. 2021, Ch. 613, Sec. 1. (AB 453) Effective January 1, 2022.)
Case Management Conference 9/23/2024 at 10:00 AM in Department 50 at 111 North Hill Street, Los Angeles, CA 90012
Original Principals
Plaintiff: Asta Jonasson is represented by Claire-Lise Kutlay of Greenberg Gross LLP
Defendant: Vin Diesel is represented by Bryan Freedman of Freedman, Taitelman and Cooley, LLP
Defendant: Samantha Vincent
Defendant: One Race Productions, Inc., a California Corporation
Defendant: One Race Films, Inc., a California Corporation
Plaintiff's Case
Discrimination, Hostile Work Environment, Failure to Prevent Discrimination, Harassment and Retaliation in Violation of the California's Fair Employment and Housing Act (FEHA) and for sexual harassment by a supervisor (Cal. Gov't Code § 12940(j)). Retaliation in Violation of California Labor Code § 1102.5, retaliation in Violation of Labor Code § 98.6, Wrongful Termination in Violation of Public Policy, Sexual Battery (Civ. Code, § 1708.5), Negligent Supervision and Retention and Intentional Infliction of Emotional Distress.
Damages for Emotional Distress
Emotional distress is mental anguish, mental distress, emotional suffering, or emotional pain. But the legal definition is more nuanced. Although the precise definition varies from state to state, emotional distress is a highly unpleasant emotional reaction that is specifically caused by another person. Some symptoms of emotional distress include the following:- Anxiety and depression
- Shame, humiliation, or guilt
- Insomnia or nightmares
- Fear
- Anger
- Flashbacks
- Panic attacks
- Fatigue
- Chronic headaches
- Weight gain or loss
- Uncontrollable crying
The Law
AB 2777 was a bill that revives otherwise time-barred claims for damages arising from sexual assault and other inappropriate conduct of a sexual nature, as specified. This bill revives claims that could have been brought if that limitations period was afforded to claims dating back ten years from when the bill went into effect, those occurring on or after January 1, 2009. It amends the Code of Civil Procedure § 340.16 to do this.
AB 2777 was a bill that revives otherwise time-barred claims for damages arising from sexual assault and other inappropriate conduct of a sexual nature, as specified. This bill revives claims that could have been brought if that limitations period was afforded to claims dating back ten years from when the bill went into effect, those occurring on or after January 1, 2009. It amends the Code of Civil Procedure § 340.16 to do this.
Labor Code 98.6.
(a) A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because the employee or applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee or applicant for employment has filed a bona fide complaint or claim or instituted or caused to be instituted any proceeding under or relating to his or her rights that are under the jurisdiction of the Labor Commissioner, made a written or oral complaint that he or she is owed unpaid wages, or because the employee has initiated any action or notice pursuant to Section 2699, or has testified or is about to testify in a proceeding pursuant to that section, or because of the exercise by the employee or applicant for employment on behalf of himself, herself, or others of any rights afforded him or her...
(b) (1) Any employee who is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to an adverse action, or in any other manner discriminated against in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee has made a bona fide complaint or claim to the division pursuant to this part, or because the employee has initiated any action or notice pursuant to Section 2699 shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by those acts of the employer.
(2) An employer who willfully refuses to hire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor.
(3) In addition to other remedies available, an employer who violates this section is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section, to be awarded to the employee or employees who suffered the violation.
(a) A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because the employee or applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee or applicant for employment has filed a bona fide complaint or claim or instituted or caused to be instituted any proceeding under or relating to his or her rights that are under the jurisdiction of the Labor Commissioner, made a written or oral complaint that he or she is owed unpaid wages, or because the employee has initiated any action or notice pursuant to Section 2699, or has testified or is about to testify in a proceeding pursuant to that section, or because of the exercise by the employee or applicant for employment on behalf of himself, herself, or others of any rights afforded him or her...
(b) (1) Any employee who is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to an adverse action, or in any other manner discriminated against in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee has made a bona fide complaint or claim to the division pursuant to this part, or because the employee has initiated any action or notice pursuant to Section 2699 shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by those acts of the employer.
(2) An employer who willfully refuses to hire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor.
(3) In addition to other remedies available, an employer who violates this section is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section, to be awarded to the employee or employees who suffered the violation.
Labor Code 1102.5.
(a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.
(b) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.
(c) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.
(d) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for having exercised their rights under subdivision (a), (b), or (c) in any former employment.
(e) A report made by an employee of a government agency to their employer is a disclosure of information to a government or law enforcement agency pursuant to subdivisions (a) and (b).
(f) In addition to other penalties, an employer that is a corporation or limited liability company is liable for a civil penalty not exceeding ten thousand dollars ($10,000) for each violation of this section.
(g) This section does not apply to rules, regulations, or policies that implement, or to actions by employers against employees who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or trade secret information.
(h) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section.
(i) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400.
Government Code 12940(j)
(j) The court is authorized to award reasonable attorney’s fees to a plaintiff who brings a successful action for a violation of these provisions.
(j) (1) For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision-making, or veteran or military status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer’s control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment.
(2) The provisions of this subdivision are declaratory of existing law, except for the new duties imposed on employers with regard to harassment.
(3) An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action.
(4) (A) For purposes of this subdivision only, “employer” means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of “employer” in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision.
(B) Notwithstanding subparagraph (A), for purposes of this subdivision, “employer” does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2.
(C) For purposes of this subdivision, “harassment” because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire.
(5) For purposes of this subdivision, “a person providing services pursuant to a contract” means a person who meets all of the following criteria:
(A) The person has the right to control the performance of the contract for services and discretion as to the manner of performance.
(B) The person is customarily engaged in an independently established business.
(C) The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employer’s work.
Civil Code 1708.5.
(a) A person commits a sexual battery who does any of the following:
(1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results.
(2) Acts with the intent to cause a harmful or offensive contact with another by use of the person’s intimate part, and a sexually offensive contact with that person directly or indirectly results.
(3) Acts to cause an imminent apprehension of the conduct described in paragraph (1) or (2), and a sexually offensive contact with that person directly or indirectly results.
(4) Causes contact between a sexual organ, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed.
(5) Causes contact between an intimate part of the person and a sexual organ of another from which the person removed a condom without verbal consent.
(b) A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages.
(c) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.
(d) For the purposes of this section:
(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, or the breast of a female.
(2) “Offensive contact” means contact that offends a reasonable sense of personal dignity.
(e) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.(Amended by Stats. 2021, Ch. 613, Sec. 1. (AB 453) Effective January 1, 2022.)
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