1 JOHN C. MANLY, Esq. (State Bar No. 149080) VINCE W. FINALDI (State Bar No. 238279) 2 ALEX CUNNY (State Bar No. 291567) MANLY, STEWART & FINALDI 3 19100 Von Karman Ave., Suite 800 Irvine, CA 92612 4 Telephone: (949) 252-9990 Fax: (949) 252-9991 5 Attorneys for Plaintiff, JANE AA DOE 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 9

10 JANE AA DOE, an individual, Case No.: ______

11 Plaintiff, COMPLAINT FOR DAMAGES FOR:

12 vs. (1) INTENTIONAL INFLICTIONOF

EMOTIONAL DISTRESS; 13 DOE 1, a California corporation; DOE 2, a (2) NEGLIGENCE;

California corporation; and DOE S 3-50, (3) NEGLIGENT SUPERVISION;

9990 - 14 inclusive, (4) NEGLIGENT RETENTION/HIRING; (5) NEGLIGENT FAILURE TO WARN, 15 Defendants. TRAIN OR EDUCATE; and (949) 252 (949) (6) BREACH OF FIDUCIARY DUTY. 16 Irvine, CA 92612 CA Irvine, [Filed Concurrently with Certificates of ATTORNEYS AT ATTORNEYS LAWAT Telephone: 17 Merit, Pursuant to C.C.P. § 340.1]

MANLY, STEWART & FINALDI & STEWART MANLY, 19100 Von Karman Avenue, Suite 800 18 DEMAND FOR JURY TRIAL

19

20 21 COMES NOW, Plaintiff JANE AA DOE (“Plaintiff”), who hereby complains and alleges 22 against Defendants DOE 1, DOE 2, and DOES 3 through 50, inclusive (“Defendants”), as 23 follows: 24 /// 25 /// 26 /// 27 /// 28 ///

COMPLAINT FOR DAMAGES

1 PARTIES

2 1. At all times mentioned herein, Plaintiff JANE AA DOE (“Plaintiff”) was a 3 resident of the State of California. The name utilized by J ANE AA DOE in this Complaint is not 4 the real name of JANE AA DOE, but is a fictitious name utilized to protect her privacy as a 5 victim of childhood sexual harassment, molestation and abuse. Plaintiff was born on February 21, 6 1974, was a minor throughout the period of childhood sexual abuse alleged herein, and lived with 7 her parents in Southern California. She brings this action pursuant to C.C.P. section 340.1 for the 8 childhood sexual abuse she suffered at the hands of MICHAEL JOSEPH JACKSON, DOE 1, 9 DOE 2, and DOES 3-50. 10 2. MICHAEL JOS E PH JACKSON (hereinafter “MICHAE L J ACKSON”) was one 11 of the most famous and successful entertainers in pop music history. Plaintiff is informed, 12 believes, and thereupon alleges that, at all times relevant herein, MICHAE L J ACKSON was a

13 resident of the State of California, County of Los Angeles. Plaintiff is further informed and

9990 - 14 believes, and thereupon alleges, that MICHAE L J ACKSON died in Los Angeles, California on 15 June 25, 2009, at the age of fifty (50). (949) 252 (949) 16 3. Plaintiff is informed and believes, and thereupon alleges, that Defendant DOE 1 Irvine, CA 92612 CA Irvine, ATTORNEYS AT ATTORNEYS LAWAT Telephone: 17 (“DOE 1”) is a California corporation, with a principal place of business located in the County of MANLY, STEWART & FINALDI & STEWART MANLY, 19100 Von Karman Avenue, Suite 800 18 Los Angeles, State of California. Plaintiff is further informed and believes, and thereupon alleges, 19 that at all times relevant herein, DOE 1 was an entertainment company established by MICHAE L 20 JACKSON as his primary business entity and the entity that held most or all of the copyrights to 21 MICHAE L J ACKSON’s music and videos. Plaintiff is further informed and believes, and 22 thereon alleges, that MICHAE L J ACKSON was the presi dent/owner and a representative/agent 23 of DOE 1 at all times relevant herein, and that in that capacity, DOE 1 had the ability to exercise 24 control over MICHAE L J ACKSON’s business and personal affairs. Plaintiff is further informed 25 and believes, and thereon alleges, that MICHAE L J ACKSON, with DOE 1’ full knowledge, 26 consent, and assistance, exploited this relationship with DOE 1 to gain access to Plaintiff, and to 27 set up, facilitate and arrange meetings and encounters between MICHAE L J ACKSON and the 28 ///

1

COMPLAINT FOR DAMAGES

1 mi nor Plaintiff and other children for the purpose of MICHAE L J ACKSON’s engaging in 2 childhood sexual abuse of Plaintiff and others. 3 4. Plaintiff is informed and believes, and thereupon alleges, that Defendant DOE 2 4 (“DOE 2”) is a California corporation, with a principal place of business located in the County of 5 Los Angeles, State of California. Plaintiff is further informed and believes, and thereupon alleges, 6 that at all times relevant herein, DOE 2 was an entertainment company established by MICHAE L 7 JACKSON in part for the purpose of employing Plaintiff to work with MICHAE L J ACKSON on 8 various projects, and further, that MICHAE L J ACKSON was the presi dent/owner and a 9 representative/agent of DOE 2 at all times relevant herein, and that in that capacity, DOE 2 had 10 the ability to exercise control over MICHAE L J ACKSON’s personal and business affairs. 11 Plaintiff is further informed and believes, and thereon alleges, that MICHAE L J ACKSON, with 12 DOE 2’s full knowledge, consent, and assistance, exploited this relationship to gain access to

13 Plaintiff, and to set up, facilitate, and arrange meetings and encounters between MICHAE L

9990 - 14 JACKSON and the minor Plaintiff and other children for the purpose of MICHAE L J ACKSON 15 engaging in childhood sexual abuse of Plaintiff and others. (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 5. In performing the acts complained of herein, MICHAE L J ACKSON acted wi th the ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 full knowledge, consent and cooperation of DOE 1 and DOE 2, who were hi s c o-conspirators, MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 collaborators, facilitators and alter egos for the childhood sexual abuse alleged herein. DOE 1 and 19 DOE 2 were held out to the public to be businesses dedicated to creating and distributing 20 multimedia entertainment by MICHAEL JACKSON, however, in fact, they actually served dual 21 purposes. The thinly-veiled, covert second purpose of these businesses was to operate as a child 22 sexual abuse operation, specifically designed to locate, attract, lure and seduce child sexual abuse 23 victims. In fact, under this dual purpose, MICHAEL JACKSON and select few managing 24 agents/employees of DOE 1’s and DOE 2’s inner circle designed, developed and operated what is 25 likely the most sophisticated public child sexual abuse procurement and facilitation organization 26 the world has known. As a result thereof, Defendants DOE 1 and DOE 2 are liable for MICHAE L 27 JACKSON’s acts of childhood sexual abuse within the meaning of CCP §§340.1(a)(2) and (3), 28 and 340.1 (b)(2), in that said entities owed a duty of care to the Plaintiff, and their wrongful,

2

COMPLAINT FOR DAMAGES

1 intentional and/or negligent acts, as well as knowing failure to take reasonable steps and 2 implement reasonable safeguards to avoid acts of unlawful sexual conduct by MICHAE L 3 JACKSON, were a legal cause of the childhood sexual abuse which resulted in injury to Plaintiff 4 as alleged herein. 5 6. Plaintiff is informed and believes, and thereupon alleges, that the true names and 6 capacities, whether individual, corporate, associate or otherwise, of Defendants named herein as 7 DOE s 3 through 50, inclusive, are unknown to Plaintiff, who therefore sues said Defendants by 8 such fictitious names. Plaintiff will amend Complaint to allege their true names and capacities 9 when such have been ascertained. Upon information and belief, each of the said DOE Defendants 10 is responsible in some manner under C.C.P. §§340.1(a)(1), (2) and (3), and 340.1 (b)(2) for the 11 occurrences herein alleged, and were a legal cause of the childhood sexual abuse which resulted 12 in injury to the Plaintiff as alleged herein.

13 7. Plaintiff is informed and believes, and on that basis alleges, that at all times

9990 - 14 mentioned herein, there existed a unity of interest and ownership among Defendants and each of 15 them, such that any individuality and separateness between Defendants, and each of them, ceased (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 to exist. Defendants and each of them, were the successors-in-interest and/or alter egos of the ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 other Defendants, and each of them, in that they purchased, controlled, dominated and operated MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 each other without any separate identity, observation of formalities, or other manner of division. 19 To continue maintaining the facade of a separate and individual existence between and among 20 Defendants, and each of them, would serve to perpetrate a fraud and an injustice. 21 8. At all times mentioned herein, MICHAE L J ACKSON was an adul t singer, dancer, 22 entertainer, teacher, mentor, and coach of both DOE 1 and DOE 2, acting as an employee, 23 managi ng agent, agent, officer, director and/or servant of such and/or was under their complete 24 control and/or supervision. MICHAE L J ACKSON was hi red by DOE 1 and DOE 2 to serve as a 25 singer, dancer, entertainer, teacher, mentor, and coach to, in part, mentor and train mi nors in the 26 entertainment industry. In so doing, DOE 1 and DOE 2 held MICHAE L J ACKSON out to the 27 public, Plaintiff and Plaintiff’ s family to be safe and of high ethical and moral repute, and to be in 28 good standing with the DOE 1 and DOE 2, the State of California, and the public in general. In

3

COMPLAINT FOR DAMAGES

1 this capacity, MICHAE L J ACKSON was placed into contact with, taught, mentored, coached, 2 and advised mi nors regarding the entertainment industry in general (including but not limited to 3 singing, dancing, performing, choreography, song writing), personal issues, academics, future 4 employment prospects, and general emotional and psychological issues. Both DOE 1 and DOE 2 5 held MICHAE L J ACKSON out to the public, Plaintiff and Plaintiff’ s parents to be a highly 6 qualified and safe entertainer, teacher, mentor, coach, and advisor who could and would assist 7 minors in the entertainment industry, and with working through personal and academic issues 8 they faced. Inherent in this representation was the understanding that MICHAE L J ACKSON was 9 a person of high ethical and moral standing, selected to provide leadership, guidance, mentoring, 10 coaching, and advisement to mi nors, including Plaintiff. Plaintiff and her family reasonably 11 relied upon these representations and assumed that MICHAEL J ACKSON was a person worthy 12 of their complete trust.

13 9. Plaintiff is informed and believes, and on that basis alleges, that at all times

9990 - 14 mentioned herein, Defendants and each of them and MICHAE L J ACKSON were the agents, 15 representatives and/or employees of each and every other Defendant. In doing the things (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 hereinafter alleged, Defendants and each of them, and MICHAEL JACKSON, were acting within ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 the course and scope of said alternative personality, capacity, identity, agency, representation MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 and/or employment and were within the scope of their authority, whether actual or apparent. 19 Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned herein, 20 Defendants and each of them and MICHAE L J ACKSON were the trustees, partners, servants, 21 joint venturers, shareholders, contractors, and/or employees of each and every other Defendant, 22 and the acts and omissions herein alleged were done by them, acting individually, through such 23 capacity and within the scope of their authority, and with the permission and consent of each and 24 every other Defendant and that said conduct was thereafter ratified by each and every other 25 Defendant, and that each of them is jointly and severally liable to Plaintiff. 26 FACTUAL ALLEGATIONS

27 10. In approximately 1986, when Plaintiff was approximately 12 years of age, her 28 parents took her and her brothers on a trip to San Francisco. Plaintiff, admittedly, was a

4

COMPLAINT FOR DAMAGES

1 “tomboy.” On the way back to Southern Cal ifornia, they stopped by the Hayvenhurst home of 2 MICHAE L J ACKSON and location where he conducted business for DOES 1-2, to sightsee. 3 While at the front gates, MICHAE L J ACKSON arrived driving his Mercedes motor vehicle. He 4 drove into the gate and signaled to his security guard to allow Plaintiff and her mother access to 5 the property, beyond the gates. Plaintiff and her mother obliged, and walked onto the residence 6 grounds, being escorted by the security guard. They spoke with MICHAEL JACKSON at his car 7 for several minutes. MICHAE L J ACKSON then drove to the residence and entered. The security 8 guard escorted Plaintiff and her mother to MICHAEL J ACKSON’s candy room in the residence. 9 MICHAE L J ACKSON was peering at them through a window in the residence. 10 11. While on the property, MICHAEL J ACKSON spoke with the security guard 11 through his walkie talkie and asked him to obtain Plaintiff’s telephone number. The security 12 guard then requested and received Plaintiff’s family’s home phone number. MICHAEL

13 JACKSON began calling Plaintiff’s home within the week, to speak with Plaintiff. They began

9990 - 14 conversing over the telephone every day. MICHAE L J ACKSON began inviting Plaintiff to spend 15 time with him, groomed her for sexual abuse and began sexually abusing her. (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 12. The sexual abuse of Plaintiff by MICHAEL JACKSON began in approximately ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 1986, when she was 12 years old, and continued until just before she turned 15 years old, in 1989, MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 and was going through puberty. 19 13. The sexual abuse of Plaintiff by MICHAEL J ACKSON included MICHAEL 20 JACKSON fondling Plaintiff sexually on her genitals and body, digitally penetrating Plaintiff, 21 giving Plaintiff what he termed “movie kisses” where he tongue kissed her mouth and body, 22 orally copulated Plaintiff, forced Plaintiff to orally copulate him, rubbed his clothed and 23 unclothed body against Plaintiff’ s, and rubbed his penis on Plaintiff’s vagina and attempted to 24 fully insert it into her vagina, only partially inserting it and causing Plaintiff to bleed. These acts 25 by MICHAEL J ACKSON, using his position of trust and authority over her, for his own sexual 26 gratification, upon Plaintiff without her consent as she was a minor and unable to give valid, legal 27 consent. 28

5

COMPLAINT FOR DAMAGES

1 14. Before, during and after the sexual abuse period Plaintiff suffered, MICHAEL 2 JACKSON would buy Plaintiff gifts and send her notes and letters of affection. The letters stated 3 such things as: “I love you and miss you very much” and “I love you sooo much also you’r 4 making me love you even more the more I talk to you I’m crazy about you all my love Mi chael.” 5 True and correct copies of these two notes, which are amongst many given to Plaintiff by 6 MICHAEL JACKSON, DOE 1 and DOE 2, which Plaintiff still possesses, are attached here

7 collectively as Exhibit “A”. MICHAEL JACKSON would call Plaintiff’s family home very 8 frequently, requesting to speak with Plaintiff. He would then speak with Plaintiff for hours at a 9 time, about varying subjects, including his affection for Plaintiff. He would tell her things that 10 were to be kept “secret” from Plaintiff’s parents and everyone else. By giving Plaintiff a 11 nickname, giving her gifts, sending her notes and letters, speaking with her over the telephone for 12 long hours, and telling her “secrets” which were to be kept from her parents and others,

13 MICHAEL JACKSON was grooming Plaintiff for sexual abuse.

9990 - 14 15. MICHAEL JACKSON also groomed Plaintiff’s mother. He would spend extended 15 periods of time on the phone with her, telling her intimate details about his life and his past, in an (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 attempt to gain a “closeness” with Plaintiff’ s mother and earn her trust so that she would allow ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 him to spend time alone with Plaintiff. He would tell her about how much he cared for Plaintiff as MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 a friend. He also gave her gifts such as flowers, gift baskets, a television and an autographed 19 photograph of another celebrity. 20 16. Defendants DOE 1 and DOE 2 orchestrated, facilitated and enabled the sexual 21 abuse of Plaintiff by MICHAEL J ACKSON by assisting in the grooming process (buying gifts 22 for Plaintiff, picking Plaintiff up and taking her to MICHAEL JACKSON to spend time with him, 23 driving Plaintiff home, sending letters and notes to Plaintiff, sending gifts to Plaintiff, setting up 24 meetings between Plaintiff and MICHAEL JACKSON, isolating Plaintiff with MICHAEL 25 JACKSON for extended periods of time, and booking and paying for accommodations for 26 MICHAE L J ACKSON and Plaintiff). 27 17. The sexual abuse of Plaintiff by MICHAEL J ACKSON occurred in various 28 locations throughout Los Angeles, including but not limited to MICHAEL JACKSON’s

6

COMPLAINT FOR DAMAGES

1 Hayvenhurst home, where he l i ved and conducted business for and on behalf of DOES 1-2, at 2 Universal Studios while he was on the set for Moonwalker and working for DOES 1-2, at the 3 Universal Sheraton hotel while he was filming Moonwalker and working for DOES 1-2, at his 4 Neverland residence, where he lived and conducted business for and on behalf of DOES 1-2, on 5 the set of the Smooth Criminal video shoot which was being created for and on behalf of DOES 6 1-2, in the back of his limousine that he used to travel and conduct business for DOES 1-2, at the 7 Lorimar Studios in Studio City where he was conducting business for DOES 1-2, at his personal 8 residence apartment/condo he nicknamed the “Hideout” where he lived and conducted business 9 for DOES 1-2, all during times that he was working for and on behalf of DOE 1 and DOE 2. 10 During these times, MICHAE L J ACKSON, DOE 1 and DOE 2 took physical custody and control 11 of the minor Plaintiff, entering into a special, trusting, confidential and in loco parentis 12 relationship with her, owing her a duty of care to protect her from reasonably foreseeable harm.

PENAL CODE AND CIVIL CODE VIOLATIONS 13

9990 - 14 18. As used in C.C.P. § 340.1, “childhood sexual abuse” includes “any act committed 15 against the plaintiff that occurred when the plaintiff was under the age of 18 years and that would (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 have been proscribed by Section 266j of the California Penal Code (“Penal Code”); Section 285 ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 286 of MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 the Penal Code; subdivision (a) or (b) of Section 288 of the Penal Code; paragraph (1) or (2) of 19 subdivision (b), or of subdivision (c), of Section 288a of the Penal Code; subdivision (h), (i), or 20 (j) of Section 289 of the Penal Code; Section 647.6 of the Penal Code….” 21 Penal Code § 266j

22 19. As set forth more fully above, on multiple occasions MICHAEL J ACKSON and 23 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff 24 was under the age of eighteen (18), and which would have been proscribed by Section 266j of the 25 Penal Code or any prior laws of California of similar effect at the time the acts were committed, 26 by intentionally giving, transporting, providing, or making available, or offering to give, 27 transport, provide, or make available to another person, Plaintiff ,who was a child under the age 28 of sixteen (16), for the purpose of any lewd or lascivious act as defined in Penal Code § 288, or

7

COMPLAINT FOR DAMAGES

1 by causing, inducing, or persuading Plaintiff, a child under the age of sixteen (16), to engage in 2 such an act with another person. 3 Penal Code § 286(b)(1)

4 20. As set forth more fully above, MICHAEL JACKSON and DOE S 1-2, inclusive, 5 intentionally committed an act against Plaintiff that occurred when Plaintiff was under the age of 6 eighteen (18), and which would have been proscribed by Section 286(b)(1) of the Penal Code or 7 any prior laws of California of similar effect at the time the act was committed, by participating in 8 an act of sodomy (sexual conduct consisting of contact between the penis of one person and the 9 anus of another person) with Plaintiff, who was under eighteen (18) years of age. Any sexual 10 penetration, however slight, is sufficient to complete the crime of sodomy. 11 Penal Code § 286(b)(2)

12 21. As set forth more fully above, MICHAEL JACKSON and DOE S 1-2, inclusive,

13 intentionally committed an act against Plaintiff that occurred when Plaintiff was under the age of

9990 - 14 eighteen (18), and which would have been proscribed by Section 286(b)(2) of the Penal Code or 15 any prior laws of California of similar effect at the time the act was committed, by participating in (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 an act of sodomy (sexual conduct consisting of contact between the penis of one person and the ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 anus of another person) with Plaintiff who was under sixteen (16) years of age when MICHAEL MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 JACKSON was over the age of twenty-one (21) years. Any sexual penetration, however slight, is 19 sufficient to complete the crime of sodomy. 20 Penal Code § 286(c)(2)(A)

21 22. As set forth more fully above, MICHAEL JACKSON and DOE S 1-2, inclusive, 22 intentionally committed an act against Plaintiff that occurred when Plaintiff was under the age of 23 eighteen (18), and which would have been proscribed by Section 286(c)(2)(A) of the Penal Code 24 or any prior laws of California of similar effect at the time the act was committed, by committing 25 an act of sodomy (sexual conduct consisting of contact between the penis of one person and the 26 anus of another person) when the act was accomplished against Plaintiff’ s will by means of 27 duress. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy. 28 ///

8

COMPLAINT FOR DAMAGES

1 Penal Code § 286(c)(2)(C)

2 23. As set forth more fully above, MICHAEL JACKSON and DOE S 1-2, inclusive, 3 intentionally committed an act against Plaintiff that occurred when Plaintiff was under the age of 4 eighteen (18), and which would have been proscribed by Section 286(c)(2)(C) of the Penal Code 5 or any prior laws of California of similar effect at the time the act was committed, by committing 6 an act of sodomy (sexual conduct consisting of contact between the penis of one person and the 7 anus of another person) with Plaintiff who was a minor fourteen (14) years of age or older when 8 the act was accomplished against Plaintiff’s will by means of duress. Any sexual penetration, 9 however slight, is sufficient to complete the crime of sodomy. 10 Penal Code § 288(a)

11 24. On multiple occasions, as set forth more fully above, MICHAEL JACKSON and 12 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

13 was under the age of eighteen (18), and which would have been proscribed by Section 288(a) of

9990 - 14 the Penal Code or any prior laws of California of similar effect at the time the acts were 15 committed, by willfully and lewdly committing any lewd or lascivious act, including any of the (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 acts constituting other crimes provided for in Part 1 of the Penal Code, upon or with the body, or ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 any part or member thereof, of Plaintiff who was under the age of fourteen (14) years, with the MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of MICHAEL 19 JACKSON or Plaintiff. 20 Penal Code § 288(b)(1)

21 25. On multiple occasions, as set forth more fully above, MICHAEL JACKSON and 22 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff 23 was under the age of eighteen (18), and which would have been proscribed by Section 288(b)(1) 24 of the Penal Code or any prior laws of California of similar effect at the time the acts were 25 committed, by willfully and lewdly committing any lewd or lascivious act, including any of the 26 acts constituting other crimes provided for in Part 1 of the Penal Code, upon or with the body, or 27 any part or member thereof, of Plaintiff who was under the age of fourteen (14) years, with the 28

9

COMPLAINT FOR DAMAGES

1 intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of MICHAEL 2 JACKSON or Plaintiff, by use of duress. 3 Penal Code § 288a(b)(1)

4 26. On multiple occasions, as set forth more fully above, MICHAEL JACKSON and 5 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff 6 was under the age of eighteen (18), and which would have been proscribed by Section 288a(b)(1) 7 of the Penal Code or any prior laws of California of similar effect at the time the acts were 8 committed, by participating in an act of oral copulation (the act of copulating the mouth of one 9 person with the sexual organ or anus of another person) with Plaintiff who was under eighteen 10 (18) years of age. 11 Penal Code § 288a(b)(2)

12 27. On multiple occasions, as set forth more fully above, MICHAEL JACKSON and

13 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

9990 - 14 was under the age of eighteen (18), and which would have been proscribed by Section 288a(b)(2) 15 of the Penal Code or any prior laws of California of similar effect at the time the acts were (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 committed, by participating in an act of oral copulation (the act of copulating the mouth of one ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 person with the sexual organ or anus of another person) with Plaintiff who was under sixteen (16) MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 years of age and MICHAEL JACKSON was over the age of twenty-one (21). 19 Penal Code § 288a(c)(1)

20 28. On multiple occasions, as set forth more fully above, MICHAEL JACKSON and 21 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff 22 was under the age of eighteen (18), and which would have been proscribed by Section 288a(c)(1) 23 of the Penal Code or any prior laws of California of similar effect at the time the acts were 24 committed, by participating in an act of oral copulation (the act of copulating the mouth of one 25 person with the sexual organ or anus of another person) with Plaintiff who was under fourteen 26 (14) years of age and more than 10 years younger than MICHAEL JACKSON. 27 /// 28 ///

10

COMPLAINT FOR DAMAGES

1 Penal Code § 288a(c)(2)(A)

2 29. On multiple occasions, as set forth more fully above, MICHAEL J ACKSON and 3 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff 4 was under the age of eighteen (18), and which would have been proscribed by Section 5 288a(c)(2)(A) of the Penal Code or any prior laws of California of similar effect at the time the 6 acts were committed, by committing an act of oral copulation (the act of copulating the mouth of 7 one person with the sexual organ or anus of another person) when the act was accomplished 8 against Plaintiff’ s will by means of duress. 9 Penal Code § 288a(c)(2)(B)

10 30. On multiple occasions, as set forth more fully above, MICHAEL JACKSON and 11 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff 12 was under the age of eighteen (18), and which would have been proscribed by Section

13 288a(c)(2)(B) of the Penal Code or any prior laws of California of similar effect at the time the

9990 - 14 acts were committed, by committing an act of oral copulation (the act of copulating the mouth of 15 one person with the sexual organ or anus of another person) upon Plaintiff who was under (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 fourteen (14) years of age, when the act was accomplished against Plaintiff’s will by means of ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 duress. MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 Penal Code § 288a(c)(2)(C)

19 31. On multiple occasions, as set forth more fully above, MICHAEL J ACKSON and 20 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff 21 was under the age of eighteen (18), and which would have been proscribed by Section 22 288a(c)(2)(C) of the Penal Code or any prior laws of California of similar effect at the time the 23 acts were committed, by committing an act of oral copulation (the act of copulating the mouth of 24 one person with the sexual organ or anus of another person) upon Plaintiff who was fourteen (14) 25 years of age or older, when the act was accomplished against Plaintiff’ s will by means of duress. 26 Penal Code § 288a(c)(3)

27 32. On multiple occasions, as set forth more fully above, MICHAEL JACKSON and 28 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

11

COMPLAINT FOR DAMAGES

1 was under the age of eighteen (18), and which would have been proscribed by Section 288a(c)(3) 2 of the Penal Code or any prior laws of California of similar effect at the time the acts were 3 committed, by committing an act of oral copulation (the act of copulating the mouth of one 4 person with the sexual organ or anus of another person) where the act was accomplished against 5 Plaintiff’s will by threatening to retaliate in the future against Plaintiff or any other person, and 6 there was a reasonable possibility that MICHAEL JACKSON would execute the threat. 7 Penal Code § 289(h)

8 33. On multiple occasions, MICHAEL JACKSON and DOE S 1-2, inclusive, 9 intentionally committed acts against Plaintiff that occurred when Plaintiff was under the age of 10 eighteen (18), and which would have been proscribed by Section 289(h) of the Penal Code or any 11 prior laws of California of similar effect at the time the acts were committed, by participating in 12 an act of sexual penetration (the act of causing the penetration, however slight, of the genital or

13 anal opening of another person or causing another person to so penetrate the defendant’ s or

9990 - 14 another person’ s genital or anal opening for the purpose of sexual arousal, gratification, or abuse 15 by any foreign object (including any part of the body except a sexual organ), substance, (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 instrument, or device) with Plaintiff who was under eighteen (18) years of age. ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 Penal Code § 289(i) MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 34. On multiple occasions, as set forth more fully above, MICHAEL JACKSON and 19 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff 20 was under the age of eighteen (18), and which would have been proscribed by Section 289(i) of 21 the Penal Code or any prior laws of California of similar effect at the time the acts were 22 committed by participating in an act of sexual penetration (the act of causing the penetration, 23 however slight, of the genital or anal opening of another person or causing another person to so 24 penetrate the defendant’ s or another person’ s genital or anal opening for the purpose of sexual 25 arousal, gratification, or abuse by any foreign object (including any part of the body except a 26 sexual organ), substance, instrument, or device) with Plaintiff who was under sixteen (16) years 27 of age and MICHAEL JACKSON was over the age of twenty-one (21) years. 28 ///

12

COMPLAINT FOR DAMAGES

1 Penal Code § 289(j)

2 35. On multiple occasions, as set forth more fully above, MICHAEL JACKSON and 3 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff 4 was under the age of eighteen (18), and which would have been proscribed by Section 289(j) of 5 the Penal Code or any prior laws of California of similar effect at the time the acts were 6 committed by participating in an act of sexual penetration (the act of causing the penetration, 7 however slight, of the genital or anal opening of another person or causing another person to so 8 penetrate the defendant’ s or another person’ s genital or anal opening for the purpose of sexual 9 arousal, gratification, or abuse by any foreign object (including any part of the body except a 10 sexual organ), substance, instrument, or device) with Plaintiff who was under fourteen (14) years 11 of age and who was more than 10 years younger than MICHAEL JACKSON. 12 Penal Code § 647.6(a)(1)

13 36. On multiple occasions, as set forth more fully above, MICHAE L J ACKSON and

9990 - 14 DOE S 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff 15 was under the age of eighteen (18), and which would have been proscribed by Section 647.6(a)(1) (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 of the Penal Code or any prior laws of California of similar effect at the time the acts were ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 committed, by annoying or molesting Plaintiff when she was a child under eighteen (18) years of MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 age. 19 Civil Code § 1708.5

20 37. On mul ti pl e occasions, as set forth more fully above, MICHAEL JACKSON acted 21 with the intent to cause a harmful and offensive contact with Plaintiff’s intimate parts as set forth 22 in California Civil Code §1708.5 regarding sexual battery, and did, in fact, cause such sexually 23 harmful and offensive contact. On each occasion, Plaintiff did not consent to MICHAE L 24 JACKSON’s conduct. 25 Civil Code § 1708.5

26 38. On multiple occasions, as set forth more fully above, MICHAEL JACKSON acted 27 with the intent to cause a harmful and offensive physical contact with Plaintiff by the use of his 28 intimate part as set forth in Civil Code Section 1708.5 regarding sexual battery, and did, in fact,

13

COMPLAINT FOR DAMAGES

1 cause such sexually harmful or offensive contact. On each occasion, Plaintiff did not consent to 2 MICHAEL J ACKSON’ s conduct. The physical contact alleged above, offends one’ s reasonable 3 sense of personal dignity. 4 39. MICHAEL JACKSON did sexually harass, molest and abuse Plaintiff, who was a 5 minor at the time. Such conduct was done for MICHAEL JACKSON’s sexual gratification, 6 while working as an agent, employee, officer and director of, and on behalf of, DOES 1-2, and 7 under their active control and supervision, and was performed on Plaintiff without his free 8 consent, as Plaintiff was a mere minor and thus unable to give valid, legal consent to such sexual 9 acts. 10 40. On J une 25, 2009, MICHAE L J ACKSON died. 11 DAMAGES

12 41. As a direct and proximate result of her sexual abuse by MICHAEL J ACKSON and

13 DOE S 1-2, Plaintiff has suffered, and will continue to suffer, psychological, mental and

9990 - 14 emotional distress, including but not limited to nightmares, stress, fear, shame, humiliation, 15 depression, physical distress, anxiety, depression, sadness, anger, trust issues, and control issues. (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 She has and will continue to incur expenses for mental and medical care due to the abuse, ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 according to proof at trial. MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 42. As a direct and proximate result of her sexual abuse by MICHAE L J ACKSON and 19 DOE S 1-2, Plaintiff has been damaged in her employment, specifically losing wages and earnings 20 and economic benefits according to proof at the time of trial. Plaintiff has lost wages as a result of 21 the abuse she suffered at the hands of Defendants, and will continue to lose wages in an amount 22 to be determined at trial. Plaintiff has suffered economic injury, all to Plaintiff's general, special 23 and consequential damage in an amount to be proven at trial, but in no event less than the 24 mi ni mum j uri sdictional amount of this Court. 25 43. As is set forth herein, Defendants and each of them have failed to uphold 26 numerous mandatory duties imposed upon them by state and federal law, and by written policies 27 and procedures applicable to Defendants, including but not limited to the following:

28

14

COMPLAINT FOR DAMAGES

1 * Duty to protect minor children in their care, and provide adequate supervision; 2 * Duty to ensure that any direction given to employees is lawful, and that 3 adults act fairly, responsibly and respectfully towards other adults and mi nor chi l dren; 4 * Duty to properly train teachers, mentors, coaches, and advisors so that they 5 are aware of their individual responsibility for creating and maintaining a safe environment; 6 * Duty to supervise employees and minor children in its care, enforce rules 7 and regulations prescribed for childcare organizations, exercise reasonable control over mi nor chi l dren in its care as is reasonably necessary to 8 maintain order, protect property, or protect the health and safety of employees and minor children or to maintain proper and appropriate 9 conditions conducive to learning and child development;

10 * Duty to exercise careful supervision of the moral conditions in the youth programs set forth by Defendants DOE 1 and DOE 2; 11 * Duty to properly monitor mi nor chi l dren, prevent or correct harmful 12 situations or call for help when a situation is beyond their control;

13 * Duty to ensure that personnel are actually on hand and supervising students;

9990 - 14 * Duty to provide enough supervision to minor children, including the 15 Plaintiff; (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 * Duty to supervise diligently; ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 * Duty to act promptly and diligently and not ignore or minimize problems; MANLY, STEWART & FINALDI & STEWART MANLY,

19100 18 * Duty to refrain from violating Plaintiff's right to protection from bodily restraint or harm, from personal insult, from defamation, and from injury to 19 her personal relations (Civil Code § 43);

20 * Duty to abstain from injuring the person or property of Plaintiff, or infringing upon any of her rights (Civil Code § 1708); and 21 * Duty to report suspected incidents of child abuse and more specifically 22 childhood sexual abuse (Penal Code §§ 11166, 11167).

23 44. The conduct alleged above included intentional, outrageous, malicious, despicable 24 and oppressive acts beyond the bounds of decent behavior, which were undertaken, wantonly, 25 oppressively and with a conscious disregard for Plaintiff’s rights as a child. Plaintiff is therefore 26 entitled to an award of punitive damages in an amount sufficient to punish, deter and make an 27 example of those Defendants engaging in such behavior according to proof at trial. In subjecting 28

15

COMPLAINT FOR DAMAGES

1 Plaintiff to the wrongful treatment herein described, Defendants DOES 1-2 and MICHAE L 2 JACKSON acted willfully and maliciously with the intent to harm Plaintiff, and in conscious 3 disregard of Plaintiff's rights, so as to constitute malice and/or oppression under California Civil 4 Code section 3294. Plaintiff is informed, and on that basis alleges, that these willful, malicious, 5 and/or oppressive acts, as alleged herein above, were ratified by the officers, directors, and/or 6 managing agents of the Defendants DOES 1-2 and DOES 3 through 50, including MICHAEL 7 JACKSON. Plaintiff is therefore entitled to the recovery of punitive damages, in an amount to be 8 determined by the court, against Defendants DOES 1-2, and DOES 3 through 50, in a sum to be 9 shown according to proof. 10 ESTOPPEL

11 45. Before, during and after the sexual abuse of Plaintiff, MICHAEL JACKSON 12 threatened, intimidated and coerced the minor Plaintiff, who was under extreme duress due to his

13 actions, into not informing anyone of her sexual abuse or pursuing legal action therefor. These

9990 - 14 threats included telling Plaintiff that she would be physically harmed if she ever told anyone, and 15 that she would get in trouble with law enforcement and go to jail, forcing Plaintiff to promise not (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 to tell anyone. These threats, which Plaintiff wholeheartedly believed due to MICHAEL ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 JACKSON’s immense fame, fortune and notoriety, as well as the company he kept, including his MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 business manager FRANK DILEO, prevented Plaintiff from coming forward at an earlier time. 19 The coercive effects of these threats, duress, and intimidation did not cease until, after MICHAEL 20 JACKSON passed away, Plaintiff discovered others had filed actions against MICHAEL 21 JACKSON and DOES 1-2 for sexual assault, namely Wade Robson, and were not physically 22 injured for so doing. 23 NEXUS

24 46. In the beginning of September, 2016, Plaintiff, while reflecting on the child sexual 25 abuse she had suffered at the hands of MICHAEL J ACKSON and DOES 1-2, for the first time in 26 her life, reasonably discovered that her psychological injuries or illnesses occurring after the age 27 of majority, as listed in paragraph 40 herein-above, were caused by the sexual abuse she suffered 28 at the hands of MICHAEL J ACKSON and DOES 1-2. As a layperson with no specialized

16

COMPLAINT FOR DAMAGES

1 training in psychology or the medical field, Plaintiff was blameless for not making this nexus at 2 an earlier date than she did, and had no way of making such nexus at an earlier time. 3 INSURANCE CODE § 11583

4 47. On March 19, 1990, when Pl ai nti f f was a 16-year-old minor, MICHAE L 5 JACKSON, DOE 1 and DOE 2 paid Plaintiff the sum of $2,500.00, to compensate her for the 6 sexual abuse she had suffered at the hands of MICHAEL JACKSON. It was purposely falsely 7 labeled as a “gift” so as to conceal the true nature and source of the payment. Attached hereto as 8 Exhibit “B” is a true and correct copy of that check stub.

9 48. On December 18, 1991, when Pl ai nti f f was a 17-year-old minor, MICHAE L 10 JACKSON, DOE 1 and DOE 2 paid Plaintiff the sum of $10,000.00, in cash, to compensate her 11 for the sexual abuse she had suffered at the hands of MICHAEL JACKSON. Attached hereto as 12 Exhibit “C” is a true and correct copy of the currency strap for that cash payment.

13 49. On January 13, 1992, when Pl ai nti f f was a 17-year-old minor, MICHAE L

9990 - 14 JACKSON, DOE 1 and DOE 2 paid Plaintiff the sum of $150,000.00, to compensate her for the 15 sexual abuse she had suffered at the hands of MICHAEL JACKSON. The check was made out in (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 the name of Plaintiff’s friend at the time, who neither MICHAEL JACKSON, nor DOE 1, nor ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 DOE 2, had ever met or known or worked for/with, so as to conceal the true nature and source of MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 the payment. Attached hereto as Exhibit “D” is a true and correct copy of that check and 19 check stub.

20 50. On January 21, 1993, MICHAEL JACKSON, DOE 1 and DOE 2 paid Plaintiff the 21 sum of $130,000.00, to compensate her for the sexual abuse she had suffered at the hands of 22 MICHAE L J ACKSON. Attached hereto as Exhibit “E” is a true and correct copy of that 23 check.

24 51. On December 23, 1993, MICHAEL JACKSON, DOE 1 and DOE 2 paid Plaintiff 25 the sum of $600,000.00, to compensate her for the sexual abuse she had suffered at the hands of 26 MICHAE L J ACKSON. Attached hereto as Exhibit “F” is a true copy of that check. 27 52. On various dates between the inception of Plaintiff’s sexual abuse, in 1986, when 28 she was a minor, and December of 1993, MICHAEL J ACKSON and DOES 1-2 gave Plaintiff

17

COMPLAINT FOR DAMAGES

1 mul ti pl e cash payments i ntended to compensate her for the sexual abuse she had suffered at the 2 hands of MICHAE L J ACKSON. Included was an October 11, 1993, payment of $10,000.00 “Per 3 Written Authorization” for “Entertainment.” Attached hereto as Exhibit “G” is a true and 4 correct copy of that cash withdrawal. In total, MICHAEL JACKSON and DOES 1-2 provided 5 Plaintiff in excess of $900,000.00 to compensate her for the child sexual abuse she suffered at the 6 hands of MICHAE L J ACKSON. 7 53. At no time whatsoever during or at the beginning of the above-noted payments to 8 Plaintiff for the child sexual abuse suffered did MICHAEL J ACKSON or DOES 1-2 inform 9 Plaintiff, in writing or otherwise, of the statute of limitations applicable to her claims for 10 childhood sexual abuse at the hands of MICHAEL JACKSON and DOES 1-2. To this date, 11 Plaintiff has never received such wri tten notification from MICHAE L J ACKSON or DOE S 1-2. 12 54. Insurance Code section 11583 states that “[n]o advance payment or partial

13 payment of damages made by any person, or made by his insurer under liability insurance... as an

9990 - 14 accommodation to an injured person or on his behalf to others... because of an injury or death 15 claim or potential claim against any person or insured shall be construed as an admission of (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 liability by the person claimed against, or of that person’ s or the insurer’ s recognition of such ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 liability.” The Insurance Code further states, however, that “any person, including any insurer, MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 who makes such an advance or partial payment, shall at the time of beginning payment, notify the 19 recipient thereof in writing of the statute of limitations applicable to the cause of action which 20 such recipient may bring against such person as a result of such injury or death” and that a 21 “failure to provide such written notice shall operate to toll any such applicable statute of 22 limitations or time limitations from the time of such advance or partial payment until such written 23 notice is actually given. That notification shall not be required if the recipient is represented by an 24 attorney.” 25 55. Pursuant to Insurance Code section 11583, Plaintiff’s statute of limitations was 26 tolled from the inception of payments to Plaintiff for the childhood sexual abuse she suffered, in 27 1986, to the present. Because the statute of limitations applicable to Plaintiff’s child sexual abuse 28 claims against MICHAEL JACKSON and DOES 1-2 had not lapsed as of 1986, and have been

18

COMPLAINT FOR DAMAGES

1 tolled since such time, Plaintiff’s claims herein have not lapsed due to any applicable statute of 2 limitations. 3 OTHER SEXUAL ABUSE ALLEGATIONS

4 56. On S eptember 14, 1993, one of the many boys MICHAEL JACKSON sexually 5 abused, Jordan Chandler, brought a civil lawsuit against MICHAE L J ACKSON, whi c h resulted 6 in an investigation by the Los Angeles Police Department. 7 LIABILITY OF DEFENDANTS

8 57. As a mi nor guest of MICHAE L J ACKSON and DOE 1 and DOE 2, where 9 MICHAE L J ACKSON was employed and worked, Plaintiff was under MICHAE L J ACKSON’s, 10 DOE 1, and DOE 2’ direct supervision, care and control, thus creating a special relationship, 11 fiduciary relationship, and/or special care relationship with Defendants, and each of them. 12 Additionally, as a minor child under the custody, care and control of Defendants, Defendants

in loco parentis 13 stood with respect to Plaintiff whi l e she was attending events and functions at

9990 - 14 locations run and controlled by Defendants DOE 1 and DOE 2. As the responsible parties and/or 15 employers controlling MICHAE L J ACKSON, Defendants were also in a special relationship with (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 Plaintiff, and owed special duties to Plaintiff. ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 58. Plaintiff is informed and believes, and on that basis alleges, that Defendants knew MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 or had reason to know, or were otherwise on notice, that MICHAEL JACKSON had engaged in 19 unlawful sexually-related conduct with minors in the past, and/or was continuing to engage in 20 such conduct with Plaintiff, and failed to take reasonable steps, and to implement reasonable 21 safeguards, to avoid acts of unlawful sexual conduct in the future by MICHAEL JACKSON, such 22 as that which occurred with Plaintiff, including but not limited to preventing or avoiding 23 placement of MICHAEL JACKSON in a function or environment in which contact with children 24 was an inherent part of that function or environment. Defendants had a duty to disclose to these 25 facts to Plaintiff, his parents and others, but negligently and/or intentionally suppressed, 26 concealed or failed to disclose this information for the express purposes of facilitating MICHAEL 27 JACKSON’s sexual abuse of children, maintaining MICHAEL JACKSON’s image as an ethical 28 and wholesome entertainer, and securing their insured employment with DOE 1 and DOE 2. The

19

COMPLAINT FOR DAMAGES

1 duty to disclose this information arose by the special, trusting, confidential, fiduciary, and/or in 2 loco parentis relationship between Defendants and Plaintiff. 3 59. Instead, Defendants ignored and/or concealed the sexual abuse of Plaintiff and 4 others by MICHAE L J ACKSON that had already occurred, and continued to allow hundreds of 5 children, including the Plaintiff, to visit Defendants’ property, Neverland, and other properties, 6 and continue to be in contact with MICHAE L J ACKSON, despite this knowledge of MICHAE L 7 JACKSON’s prior, sexually abusive acts towards minors. Plaintiff is informed and believes, and 8 on that basis alleges, that Defendants and each of them were given notice of incidents of 9 inappropriate conduct by MICHAE L J ACKSON, including such facts as those set forth in this 10 Complaint. 11 60. Plaintiff is informed and believes, on that basis alleges, that prior to and during the 12 sexual harassment, molestation and abuse of Plaintiff, Defendants knew or had reason to know

13 that MICHAE L J ACKSON had violated his role as a dancer, entertainer, teacher, mentor, coach,

9990 - 14 and advisor to minors, and used this position of authority and trust acting on behalf of Defendants 15 to gain access to children, including Plaintiff, on and off the premises and grounds of Defendants, (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 in which he caused Plaintiff to touch him, to allow him to touch Plaintiff in a sexual manner, and ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 engaged in sexual conduct and abuse, including harassment and molestation, with such children MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 including Plaintiff. 19 61. With actual or constructive knowledge that Defendant MICHAE L J ACKSON had 20 previously engaged in dangerous and inappropriate conduct, including sexually abusing other 21 mi nors at Defendants DOE 1 and DOE 2’ owned and controlled properties, Defendants conspired 22 to and did knowingly fail to take reasonable steps, and failed to implement reasonable safeguards 23 to avoid acts of unlawful sexual conduct in the future by MICHAE L J ACKSON, including, but 24 not limited to, preventing or avoiding placement of MICHAEL J ACKSON in a function or 25 environment in which contact with children is an inherent aspect of that function or environment. 26 62. Plaintiff further alleges that Defendants failed to report and did hide and conceal 27 from the Plaintiff,, the Plaintiff’s parents, other minor children in their care (and parents of those 28 children), law enforcement authorities, civil authorities and others, the true facts and relevant

20

COMPLAINT FOR DAMAGES

1 information necessary to bring MICHAE L J ACKSON to justice for the sexual misconduct he 2 committed with minors, as well as to protect their fiduciaries, including Plaintiff. 3 63. Defendants also implemented various measures designed to, or which effectively, 4 made MICHAE L J ACKSON's conduct harder to detect including, but not limited to:

5 a. Permitting MICHAEL JACKSON to remain in a position of authority and trust after Defendants knew or had reason to know he was a molester of 6 children;

7 b. Placing MICHAE L J ACKSON in a separate and secluded environment, including placing him in charge of young boys, mentoring programs, 8 advising programs, coaching programs, and youth programs where they purported to supervise the children, which allowed MICHAE L J ACKSON 9 to sexually and physically interact with and abuse the children, including Plaintiff; 10 c. Allowing MICHAE L J ACKSON to come into contact with minors, 11 including Plaintiff, without adequate supervision;

12 d. Failing to inform, or concealing from Plaintiff's parents and law

enforcement officials the fact that Plaintiff and others were or may have

13 been sexually abused after Defendants knew or had reason to know that MICHAE L J ACKSON may have sexually abused Plaintiff or others,

9990 - 14 thereby enabling Plaintiff to continue to be endangered and sexually abused, and/or creating the circumstance where Plaintiff and others were 15

(949) 252 (949) less likely to receive medical/mental health care and treatment, thus exacerbating the harm to Plaintiff;

Irvine, CA 92612 CA Irvine, 16 ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

e. Holding out MICHAE L J ACKSON to Plaintiff and his parents, other Telephone: 17 children and their parents, and to the community as being in good standing MANLY, STEWART & FINALDI & STEWART MANLY, 19100 and trustworthy; 18 f. Failing to take reasonable steps, and to implement reasonable safeguards to 19 avoid acts of unlawful sexual conduct by MICHAE L J ACKSON wi th students, who were minor children; and 20 g. Failing to put in place a system or procedure to supervise or monitor 21 employees, volunteers, representatives or agents to insure that they did not molest or abuse minors in Defendants' care, including Plaintiff. 22 23 64. By his position within the Defendants' institutions, Defendants and MICHAE L 24 JACKSON demanded and required that Plaintiff respect MICHAE L J ACKSON in his position of 25 dancer, entertainer, teacher, mentor, and advisor at Defendants DOE 1 and DOE 2. 26 65. Plaintiff is informed and believes, and on that basis alleges, that Defendants and 27 each of them, were or had reason to have been aware of MICHAE L J ACKSON’ s wrongful 28 conduct at or about the time it was occurring, and thereafter, but took no action to obstruct, inhibit

21

COMPLAINT FOR DAMAGES

1 or stop such continuing conduct, or to help Plaintiff endure the trauma from such conduct. 2 Despite the authority and ability to do so, these Defendants negligently and/or willfully refused 3 to, and/or did not act effectively to stop the sexual assaults on Plaintiff, to inhibit or obstruct such 4 abuse, or to protect Plaintiff from the results of that trauma. 5 66. During the period of abuse of Plaintiff at the hands of MICHAE L J ACKSON, 6 Defendants DOE 1 and DOE 2 had the authority and the ability to obstruct or stop MICHAE L 7 JACKSON's sexual assaults on Plaintiff, but negligently and/or willfully failed to do so, thereby 8 allowing the abuse to occur and to continue unabated. This failure was a part of Defendants' plan 9 and arrangement to conceal wrongful acts, to avoid and inhibit detection, to block public 10 disclosure, to avoid scandal, to avoid the disclosure of their tolerance of child sexual molestation 11 and abuse, to preserve a false appearance of propriety, and to avoid investigation and action by 12 public authority including law enforcement. Plaintiff is informed and believes, and on that basis

13 alleges, that such actions were motivated by a desire to protect the reputation of Defendants and

9990 - 14 each of them, and to protect the monetary support of Defendants while fostering an environment 15 where such abuse could continue to occur. (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 67. Plaintiff is informed and believes, and on that basis alleges, that at the time ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 MICHAE L J ACKSON’s violations of the Penal Code and Civil Code alleged herein-above were MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 committed, Defendants knew or had reason to know, or were or were otherwise on notice of, prior 19 acts of childhood sexual abuse committed by MICHAE L J ACKSON, and despite such knowledge 20 and/or notice, placed Plaintiff in MICHAE L J ACKSON’s custody and/or made Plaintiff available 21 to MICHAE L J ACKSON and then failed to take reasonable steps or implement reasonable 22 safeguards to protect Plaintiff from MICHAE L J ACKSON’s acts of abuse. Plaintiff is further 23 informed and believes, and on that basis alleges, that these acts and/or omissions on the part of 24 Defendants were committed in spite of their ability to exercise control over the personal and 25 business affairs of MICHAE L J ACKSON. Accordingly, Defendants are liable for MICHAE L 26 JACKSON’s acts of childhood sexual abuse in that their wrongful, intentional and/or negligent 27 acts were a legal cause of the childhood sexual abuse. 28 ///

22

COMPLAINT FOR DAMAGES

1 DUTY OF DEFENDANTS

2 68. Defendants owed the Plaintiff a special duty of care. The Plaintiff, as a minor at all 3 relevant times alleged herein, was placed in the physical custody, control, and dominion of 4 Defendants and their agents, employees, and/or servants, and was pl ac ed in such custody, control, 5 and dominion in locations including, but not limited to: Neverland, the “Hideout”, and the 6 Havenhurst residence. The Plaintiff, as a minor in the custody, control, and under the dominion of 7 Defendants, stood in loco parentis wi th Defendants. As entities responsible for the custody, 8 supervision, care, and dominion of minor children in their care, Defendants owed the Pl ai nti f f a

9 special duty of care, as they were entrusted with the Plaintiff’s safety, security and care. See 10 Pamela L. v. Farmer (1980) 112 Cal.App.3d 206, 211–12 (“In inviting the children to her home, 11 respondent assumed that special relationship. Respondent recognized that special duty and 12 relationship when she assured plaintiffs' parents it would be safe for them to play at her house.”)

13 FIRST CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

9990 - 14 (As To All Defendants) 15 69. Plaintiff repeats, re-alleges and incorporates herein by reference paragraphs 1 (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 through 68, inclusive, as though fully set forth herein. ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 70. Defendants' conduct towards the Plaintiff, as described herein, was outrageous and MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 extreme. 19 71. A reasonable person would not expect or tolerate Defendants’ putting MICHAE L 20 JACKSON in positions of authority at DOE 1, DOE 2, and DOE S 3-50, which enabled 21 MICHAE L J ACKSON to have access to minor children, including Plaintiff, so that he could 22 commit wrongful sexual acts wi th hi m, including the conduct described herein above. Plaintiff 23 held great trust, faith and confidence in Defendants, which, by virtue of Defendants' wrongful 24 conduct, turned to fear. 25 72. A reasonable person would not expect or tolerate Defendants to be incapable of 26 supervising and preventing employees of Defendants, including MICHAE L J ACKSON, from 27 committing wrongful sexual acts with minor children in their charge, including Plaintiff, or to be 28 incapable of properly supervising MICHAE L J ACKSON to prevent such abuse from occurring.

23

COMPLAINT FOR DAMAGES

1 73. Defendants' conduct described herein was intentional and malicious and done for 2 the purpose of causing, or with the substantial certainty that it would cause Plaintiff to suffer 3 humiliation, mental anguish and emotional and physical distress. 4 74. As a result of the above-described conduct, Plaintiff suffered and continues to 5 suffer great pain of mind and body, shock, emotional distress, physical manifestations of 6 emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of 7 enjoyment of life; have suffered and continue to suffer and were prevented and will continue to 8 be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain 9 loss of earnings and earning capacity, and have incurred and will continue to incur expenses for 10 medical and psychological treatment, therapy, and counseling. 11 75. In subjecting the Plaintiff to the wrongful treatment herein described, Defendants 12 DOE 1, DOE 2 and DOE S 3-50, acted willfully and maliciously with the intent to harm Plaintiff,

13 and in conscious disregard of Plaintiff’ s rights, so as to constitute malice and oppression under

9990 - 14 California Civil Code section 3294. Plaintiff is therefore entitled to the recovery of punitive 15 damages, in an amount to be determined by the court, against Defendants DOE 1, DOE 2 and (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 DOE S 3 through 50, inclusive, in a sum to be shown according to proof. ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 SECOND CAUSE OF ACTION MANLY, STEWART & FINALDI & STEWART MANLY, 19100 NEGLIGENCE 18 (As to All Defendants) 19 76. Plaintiff repeats, re-alleges and incorporates herein by reference paragraphs 1 20 through 75, inclusive, as though fully set forth herein. 21 77. As more fully set forth above, the conduct and actions of Defendants served to 22 create an environment in which MICHAE L J ACKSON was af f orded continuous access to 23 Plaintiff when she was a mi nor of 12-18 years. These actions include, but are not limited to: 24 arranging for Plaintiff and to stay with MICHAEL JACKSON, without her parents, present, on 25 numerous occasions; arranging for Plaintiff to be separated from her mother and fami l y, and 26 ensuring that Plaintiff remained almost exclusively in MICHAE L J ACKSON’s custody; 27 arranging for Plaintiff and MICHAE L J ACKSON to be taken on shopping expeditions; and 28 arranging for Plaintiff to be transported wi th MICHAE L J ACKSON on a regular basis.

24

COMPLAINT FOR DAMAGES

1 78. As more fully set forth above, Defendants DOE 1, DOE 2 and Does 3 through 50, 2 inclusive, were aware and/or on notice of MICHAE L J ACKSON’s proclivities for engaging in 3 sexual acts with mi nors prior to the first occasion on which Plaintiff was placed in MICHAE L 4 JACKSON’s custody through the acts of Defendants. Accordingly, at the time MICHAE L 5 JACKSON and Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, performed the 6 acts alleged herein, it was or should have been reasonably foreseeable to Defendants that by 7 continuously exposing and making Plaintiff available to MICHAE L J ACKSON, Defendants were 8 placing Plaintiff in grave risk of being sexually abused by MICHAE L J ACKSON. By knowingly 9 subjecting Plaintiff to such foreseeable danger, Defendants DOE 1, DOE 2 and DOES 3 through 10 50, inclusive, were duty-bound to take reasonable steps and implement reasonable safeguards to 11 protect Plaintiff from MICHAE L J ACKSON. Furthermore, as alleged herein, Defendants DOE 12 1, DOE 2 and DOE S 3 through 50, inclusive, at all times exercised a sufficient degree of control

13 over MICHAE L J ACKSON’s personal and business affairs to prevent the acts of abuse by

9990 - 14 keeping MICHAE L J ACKSON away from Plaintiff. However, Defendants DOE 1, DOE 2 and 15 DOE S 3 through 50, inclusive, failed to take any reasonable steps or implement any reasonable (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 safeguards for Plaintiff’s protection whatsoever, and continued to make Plaintiff accessible to ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 MICHAE L J ACKSON for the purposes of sexual abuse. MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 NEGLIGENCE PER SE—PENAL CODE MANDATORY CHILD ABUSE REPORTING

19 79. Under the Child Abuse and Neglect Reporting Act, Defendants DOE 1, DOE 2 20 and DOES 3 through 50, inclusive, were child care custodians and were under a statutory duty to 21 report known or suspected incidents of sexual molestation or abuse of minors to a child protective 22 agency, pursuant to California Penal Code § 11166, and/or not to impede the filing of any such 23 report. Furthermore, Defendants DOE 1 and DOE 2 were under a statutory duty to provide their 24 employees with various acknowledgements of reporting requirements under Penal Code 25 §11166.5. 26 80. Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, knew or had reason 27 to know that their agent, employee, counselor, advisor and mentor, MICHAE L J ACKSON, had 28 sexually molested, abused or caused touching, battery, harm, and other injuries to minors,

25

COMPLAINT FOR DAMAGES

1 including Plaintiff, giving rise to a duty to report such conduct under California Penal Code 2 §11166. 3 81. Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, knew, or had 4 reason to know of in the exercise of reasonable diligence, that an undue risk to minors, including 5 the Plaintiff, existed because Defendants DOE 1 and DOE 2 did not comply with California's 6 mandatory reporting requirements. 7 82. By failing to report the continuing molestations and abuse, which Defendants DOE 8 1, DOE 2 and DOES 3 through 50, inclusive, knew of or had reason to known of, and by ignoring 9 the fulfillment of the mandated compliance with the reporting requirements provided under 10 California Penal Code § 11166, Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, 11 created the risk and danger contemplated by the Child Abuse and Neglect Reporting Act 12 (hereinafter “CANRA”), and as a result, unreasonably and wrongfully exposed Plaintiff and other

13 minors to sexual molestation and abuse.

9990 - 14 83. The Plaintiff was a member of the class of persons for whose protection California 15 Penal Code § 11166 was specifically adopted to protect. (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 84. Had Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, adequately ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 reported the molestation of Plaintiff and other minors as required by California Penal Code § MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 11166, further harm to Plaintiff and other minors would have been avoided. 19 85. As a proximate result of Defendants DOE 1, DOE 2 and DOES 3 through 50’s, 20 inclusive, failure to follow the mandatory reporting requirements of California Penal Code § 21 11166, Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, wrongfully denied the 22 Plaintiff and other minors the intervention of child protection services. Such public agencies 23 would have changed the then-existing arrangements and conditions that provided the access and 24 opportunities for the molestation of Plaintiff by MICHAE L J ACKSON. 25 86. The physical, mental, and emotional damages and injuries resulting from the 26 sexual molestation of Plaintiff by MICHAE L J ACKSON, were the type of occurrence and 27 injuries that the CANRA was designed to prevent. 28

26

COMPLAINT FOR DAMAGES

1 87. As a result, Defendants DOE 1, DOE 2 and DOES 3 through 50’s, inclusive, 2 failure to comply with the mandatory reporting requirements of California Penal Code § 11166 3 also constituted a per se breach of Defendants’ DOE 1, DOE 2 and DOES 3 through 50's, 4 inclusive duties to Plaintiff. 5 88. As a direct and proximate result of the failure of Defendants DOE 1, DOE 2 and 6 DOE S 3 through 50, inclusive, to protect Plaintiff from the acts of childhood sexual abuse to 7 whi c h she was subjected by MICHAE L J ACKSON, Plaintiff has suffered and will continue to 8 suffer (a) severe mental and emotional distress including, but not limited to, severe anxiety, 9 stress, anger, fear, low self-esteem, shame, humiliation, depression and physical distress; (b) 10 expenses for mental health professionals and other medical treatment; and (c) loss of past and 11 future earnings and other economic benefits according to proof at the time of trial.

12 THIRD CAUSE OF ACTION

NEGLIGENT SUPERVISION

13 (As to All Defendants)

9990 - 14 89. Plaintiff repeats, re-alleges and incorporates herein by reference paragraphs 1 15 through 88, inclusive, as though fully set forth herein. (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 90. By virtue of Plaintiff's special relationship with Defendants DOE 1, DOE 2 and ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 DOE S 3 through 50, inclusive,, and Defendants DOE 1, DOE 2 and DOE S 3 through 50’s, MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 inclusive, relation to MICHAE L J ACKSON, Defendants DOE 1, DOE 2 and DOE S 3 through 19 50, inclusive, owed Plaintiff a duty to provide reasonable supervision of MICHAE L J ACKSON, 20 to use reasonable care in investigating MICHAE L J ACKSON's background, and to provide 21 adequate warning to the Plaintiff, and other children, of MICHAE L J ACKSON’s dangerous 22 propensities and unfitness. 23 91. Plaintiff is informed and believes, and on that basis alleges, that Defendants DOE 24 1, DOE 2 and DOE S 3 through 50, inclusive, by and through their respective agents, servants and 25 employees, knew or had reason to know of MICHAE L J ACKSON’s dangerous and exploitive 26 propensities and/or that MICHAE L J ACKSON was an unf i t agent. Despite such knowledge, 27 Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, negligently failed to supervise 28 MICHAE L J ACKSON in his position of trust and authority as an authority figure and supervisor

27

COMPLAINT FOR DAMAGES

1 of children, where he was able to commit wrongful acts against the Plaintiff. Defendants DOE 1, 2 DOE 2 and DOE S 3 through 50, inclusive, failed to provide reasonable supervision of MICHAE L 3 JACKSON, failed to use reasonable care in investigating MICHAE L J ACKSON, and failed to 4 provide adequate warning to Plaintiff of MICHAE L J ACKSON’s dangerous propensities and 5 unfitness. Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, further failed to take 6 reasonable measures to prevent sexual abuse harassment, and molestation of children, including 7 Plaintiff. 8 92. Plaintiff is informed and believes, and on that basis alleges, that Defendants DOE 9 1, DOE 2 and DOE S 3 through 50, inclusive, were put on notice, and knew or had reason to 10 know, that MICHAE L J ACKSON had previously engaged and was continuing to engage in 11 unlawful sexual conduct with children and committed other felonies, for his own personal 12 gratification, and that it was, or should have been foreseeable that he was engaging, or would

13 engage in illicit sexual activities with Plaintiff, and others, under the cloak of his authority,

9990 - 14 confidence, and trust, bestowed upon him through Defendants DOE 1, DOE 2 and DOE S 3 15 through 50, inclusive, and each of them. (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 93. Plaintiff is informed and believes, and on that basis alleges, that Defendants DOE ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 1, DOE 2 and DOE S 3 through 50, inclusive, were placed on actual and/or constructive notice MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 that, MICHAE L J ACKSON had children prior to, and/or during the time he was in contact with 19 the Plaintiff. Plaintiff is informed, and thereon alleges, that Defendants DOE 1, DOE 2 and DOE S 20 3 through 50, inclusive, were i nf ormed of sexual abuse, harassment and molestations committed 21 by MICHAE L J ACKSON or of conduct that would put a reasonable person on notice of such 22 propensity to abuse, harassment and molestation. 23 94. Even though Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, knew 24 or had reason to know of these activities by MICHAE L J ACKSON, Defendants DOE 1, DOE 2 25 and DOE S 3 through 50, inclusive, did nothing to investigate, supervise or monitor MICHAE L 26 JACKSON to ensure the safety of the guests. 27 95. As an institution entrusted with the care of mi nors, where staff, employees, agents, 28 and management, such as the MICHAE L J ACKSON were placed in contact with minors,

28

COMPLAINT FOR DAMAGES

1 Defendants DOE 1, DOE 2 and DOE S 3 through 50's expressly and implicitly represented that 2 these individuals, including MICHAE L J ACKSON, were not a sexual threat to children and 3 others who would fall under MICHAE L J ACKSON's influence, control, direction, and guidance. 4 96. Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, negligently failed 5 to supervise MICHAE L J ACKSON in his positions of trust and authority as an employee, agent, 6 counselor and mentor, and/or other authority figure, where MICHAE L J ACKSON was able to 7 commit wrongful acts against the Plaintiff. Defendants DOE 1, DOE 2 and DOE S 3 through 50, 8 inclusive, failed to provide reasonable supervision of MICHAE L J ACKSON. Defendants DOE 1, 9 DOE 2 and DOE S 3 through 50 further failed to take reasonable measures to prevent sexual 10 harassment, molestation and abuse of minors, including the Plaintiff. 11 97. At no time during the periods of time alleged did Defendants’ DOE 1, DOE 2 and 12 DOE S 3 through 50, inclusive, have in place a system or procedure to reasonably investigate,

13 supervise and monitor individuals in contact with minor children, including MICHAE L

9990 - 14 JACKSON, to prevent pre-sexual grooming and sexual harassment, molestation and abuse of 15 children, nor did they implement a system or procedure to oversee or monitor conduct toward (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 minors, students and others in Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 care. MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 98. Defendants’ DOE 1, DOE 2 and DOE S 3 through 50, inclusive, were or shoul d 19 have known to be aware and understand how vulnerable children were to sexual harassment, 20 molestation and abuse by mentors, advisors, and other persons of authority within Defendants 21 DOE 1, DOE 2 and DOE S 3 through 50, inclusive. 22 99. Defendants DOE 1, DOE 2 and DOE S 3 through 50’s, inclusive, conduct was a 23 breach of their duties to the Plaintiff. 24 100. Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, breached their duty 25 to the Plaintiff by, inter alia, failing to adequately monitor and supervise MICHAE L J ACKSON 26 and stopping MICHAE L J ACKSON from committing wrongful sexual acts with minors 27 including the Plaintiff. This belief is founded on the fact that employees and staff of Defendants 28 DOE 1, DOE 2 and DOE S 3 through 50, inclusive, including had suspected the abuse was

29

COMPLAINT FOR DAMAGES

1 occurring at the time, and failed to investigate into the matter further. Based on these facts, 2 Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, knew or had reason to know of 3 MICHAE L J ACKSON's incapacity to supervise and stop employees of Defendants DOE 1, DOE 4 2 and DOE S 3 through 50, inclusive from committing wrongful sexual acts with minors. 5 101. As a result of the above-described conduct, Plaintiff has suffered and continues to 6 suffer great pain of mind and body, shock, emotional distress, physical manifestations of 7 emotional distress, embarrassment, loss of self-esteem, disgrace, humiliations, and loss of 8 enjoyment of life; has suffered and continues to suffer and was prevented and will continue to be 9 prevented from performing daily activities and obtaining the full enjoyment of life; will sustain 10 loss of earnings and earning capacity, and/or has incurred and will continue to incur expenses for 11 medical and psychological treatment, therapy, and counseling.

12 FOURTH CAUSE OF ACTION

NEGLIGENT RETENTION/HIRING

13 (As to All Defendants)

9990 - 14 102. Plaintiff repeats, re-alleges and incorporates herein by reference paragraphs 1 15 through 101, inclusive, as though fully set forth herein. (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 103. By virtue of Plaintiff's special relationship with Defendants DOE 1, DOE 2 and ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 DOE S 3 through 50, inclusive and each of them, and Defendants DOE 1, DOE 2 and DOE S 3 MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 through 50’s, inclusive, relation to MICHAE L J ACKSON, Defendants DOE 1, DOE 2 and 19 DOE S 3 through 50, inclusive, owed Plaintiff a duty to not hire and/or retain MICHAE L 20 JACKSON, given his dangerous and exploitive propensities, which Defendants DOE 1, DOE 2 21 and DOE S 3 through 50, inclusive, knew or had reason to know had they engaged in a 22 meaningful and adequate investigation of his background prior to his hiring. 23 104. As an institution entrusted with the care of mi nors, where staff, employees, agents, 24 and management, such as the MICHAE L J ACKSON were placed in contact with minors, 25 Defendants DOE 1, DOE 2 and DOE S 3 through 50's, inclusive, expressly and implicitly 26 represented that these individuals, including MICHAE L J ACKSON, were not a sexual threat to 27 children and others who would fall under MICHAE L J ACKSON 's influence, control, direction, 28 and guidance.

30

COMPLAINT FOR DAMAGES

1 105. Plaintiff is informed and believes, and on that basis alleges, that at no time during 2 the periods of time alleged did Defendants DOE 1, DOE 2 and DOE S 3 through 50's, inclusive, 3 have in place a system or procedure to reasonably investigate, supervise and/or monitor those 4 individuals in direct contact with children, including MICHAE L J ACKSON, to prevent pre- 5 sexual grooming and/or sexual harassment, molestation and abuse of patrons, nor did they 6 implement a system or procedure to oversee or monitor conduct toward patrons and others in 7 Defendants DOE 1, DOE 2 and DOE S 3 through 50's, inclusive, care. 8 106. Defendants DOE 1, DOE 2 and DOE S 3 through 50's, inclusive, and each of them 9 were or should have been aware and understood how vulnerable mi nor chi l dren were to sexual 10 abuse, harassment and molestation by persons of authority, including the MICHAE L J ACKSON, 11 within the control of Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive. 12 107. Plaintiff is informed and believes and on that basis alleges other children and/or

13 employees of Defendants DOE 1, DOE 2 and DOE S 3 through 50's, inclusive, complained of

9990 - 14 MICHAE L J ACKSON’s sexual improprieties prior to the sexual abuse of the Plaintiff. Either 15 Defendants DOE 1, DOE 2 and DOE S 3 through 50's, inclusive, knew, or at the very least should (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 have had reason to know of MICHAE L J ACKSON’s prior criminal history of sexual misconduct ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 with guests prior to Plaintiff’s abuse. MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 108. Plaintiff is informed, and believes, and on that basis alleges, that the Defendants 19 DOE 1, DOE 2 and DOE S 3 through 50, inclusive, were put on notice, and should have known 20 that MICHAE L J ACKSON had previously engaged and continued to engage in unlawful sexual 21 conduct with patrons and other felonies, for his own personal gratification, and that it was, or 22 should have been foreseeable that he was engaging, or would engage in illicit sexual activities 23 with Plaintiff, and others, under the cloak of his authority, confidence, and trust, bestowed upon 24 him through Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive. 25 109. Plaintiff is informed and believes, and on that basis alleges that Defendants DOE 26 1, DOE 2 and DOE S 3 through 50's, inclusive, were placed on actual and/or constructive notice 27 that MICHAE L J ACKSON had abused, harassed, molested and/or was molesting mi nor chi l dren, 28 both before his sexual abuse, molestation and harassment of the Plaintiff, and during that same

31

COMPLAINT FOR DAMAGES

1 period. Plaintiff is informed, and thereon alleges, that other third parties, patrons, and/or law 2 enforcement officials informed Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, of 3 inappropriate conduct and molestations committed by MICHAE L J ACKSON. 4 110. Even though Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, knew 5 or had reason to know of these activities by MICHAE L J ACKSON, Plaintiff is informed that 6 Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, failed to use reasonable care in 7 investigating MICHAE L J ACKSON and did nothing to investigate, supervise or monitor 8 MICHAE L J ACKSON to ensure the safety of the other minor children in his charge, including 9 the Plaintiff. 10 111. Defendants DOE 1, DOE 2 and DOE S 3 through 50’s, inclusive, conduct was a 11 breach of their duties to the Plaintiff. 12 112. As a result of the above-described conduct, Plaintiff has suffered and continues to

13 suffer great pain of mind and body, shock, emotional distress, physical manifestations of

9990 - 14 emotional distress, embarrassment, loss of self-esteem, disgrace, humiliations, and loss of 15 enjoyment of life; has suffered and continues to suffer and was prevented and will continue to be (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 prevented from performing daily activities and obtaining the full enjoyment of life; will sustain ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 loss of earnings and earning capacity, and/or has incurred and will continue to incur expenses for MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 medical and psychological treatment, therapy, and counseling.

19 FIFTH CAUSE OF ACTION NEGLIGENT FAILURE TO TRAIN, WARN OR EDUCATE 20 (As to All Defendants) 21 113. Plaintiff repeats, re-alleges and incorporates herein by reference paragraphs 1 22 through 112, inclusive, as though fully set forth herein. 23 114. Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive owed Plaintiff a 24 duty to take reasonable protective measures to protect Plaintiff and other minor children in their 25 charge from the risk of sexual abuse, harassment and mol estati on by MICHAE L J ACKSON by 26 properly warning, training or educating the Plaintiff and other mi nors about how to avoid such a 27 risk. 28 115. Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, breached their duty

32

COMPLAINT FOR DAMAGES

1 to take reasonable protective measures to protect Plaintiff and other minor children in their 2 charge, from the risk of sexual abuse, harassment and molestation by MICHAE L J ACKSON, 3 such as the failure to properly warn, train or educate Plaintiff and other minor children in their 4 charge about how to avoid such a risk. 5 116. Defendants breached their duty to take reasonable protective measures to protect 6 Plaintiff and other minor children in their charge from the risk of sexual harassment, molestation 7 and abuse by MICHAE L J ACKSON, by failing to supervising and/or stop employees of 8 Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, including MICHAE L J ACKSON, 9 from committing wrongful sexual acts with mi nor chi l dren, including Plaintiff. 10 117. As a result of the above-described conduct, Plaintiff has suffered and continues to 11 suffer great pain of mind and body, shock, emotional distress, physical manifestations of 12 emotional distress, embarrassment, loss of self-esteem, disgrace, humiliations, and loss of

13 enjoyment of life; has suffered and continues to suffer and was prevented and will continue to be

9990 - 14 prevented from performing daily activities and obtaining the full enjoyment of life; will sustain 15 loss of earnings and earning capacity, and/or has incurred and will continue to incur expenses for (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 medical and psychological treatment, therapy, and counseling. ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 SIXTH CAUSE OF ACTION MANLY, STEWART & FINALDI & STEWART MANLY, 19100 BREACH OF FIDUCIARY DUTY 18 (As to All Defendants) 19 118. Plaintiff repeats, re-alleges and incorporates herein by reference paragraphs 1 20 through 117, inclusive, as though fully set forth herein. 21 119. As set forth more fully above, Defendants DOE 1, DOE 2 and DOE S 3 through 22 50, inclusive, in concert with MICHAE L J ACKSON, recruited, enticed, and encouraged Plaintiff 23 and Plaintiff’ s mother to give their trust and confidence to Defendants and MICHAE L J ACKSON 24 so that Plaintiff could be taken from her mother’s care and supervision and placed under the care 25 and supervision of Defendants and MICHAE L J ACKSON. In so doing, Defendants DOE 1, DOE 26 2 and DOES 3 through 50, inclusive, entered into a fiduciary relationship with Plaintiff whereby 27 Defendants owed Plaintiff an in loco parentis duty of care to take all reasonable steps and 28

33

COMPLAINT FOR DAMAGES

1 implement all reasonable safeguards to protect Plaintiff while she was in the custody of 2 Defendants and/or MICHAE L J ACKSON. 3 120. Plaintiff and her mother agreed to place their trust and confidence in Defendants 4 DOE 1, DOE 2 and DOE S 3 through 50, inclusive, in the expectation that Defendants would 5 properly supervise Plaintiff, regulate her activities and behavior, and ensure her safety. Further, 6 Plaintiff and her mother agreed to this because they believed in the integrity of Defendants DOE 7 1, DOE 2 and DOE S 3 through 50, inclusive, and therefore felt comfortable in entrusting the 8 minor Plaintiff to the care and custody of Defendants. 9 121. As alleged herein, MICHAE L J ACKSON breached his duty to Plaintiff by 10 repeatedly subjecting Plaintiff to acts of childhood sexual abuse. As further alleged herein, 11 Defendants DOE 1, DOE 2 and DOE S 3 through 50, inclusive, breached this duty to Plaintiff by 12 failing to take any reasonable steps or implement any reasonable safeguards to protect Plaintiff

13 from MICHAE L J ACKSON, and by allowing Plaintiff to be sexually abused by MICHAE L

9990 - 14 JACKSON on a regular basis. 15 122. As a direct and proximate result of Defendants’ DOE 1, DOE 2 and DOE S 3 (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 through 50, inclusive, breach of their fiduciary duty to Plaintiff, Plaintiff has suffered and will ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 continue to suffer (a) severe mental and emotional distress including, but not limited to, severe MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 anxiety, stress, anger, fear, low self-esteem, shame, humiliation, depression and physical distress; 19 (b) expenses for mental health professionals and other medical treatment; and (c) loss of past and 20 future earnings and other economic benefits according to proof at the time of trial. 21 PRAYER FOR RELIEF

22 Wherefore, Plaintiff prays for J udgment against Defendants as follows: 23 1. For past, present and future general damages in an amount to be determined at 24 trial; 25 2. For past, present and future special damages, including but not limited to past, 26 present and future lost earnings, economic damages and others, in an amount to be 27 determined at trial; 28 3. Any appropriate punitive or exemplary damages against Defendants;

34

COMPLAINT FOR DAMAGES

1 4. Any appropriate statutory damages; 2 5. For costs of suit; 3 6. For interest as allowed by law; 4 7. For attorney's fees pursuant to California Code of Civil Procedure § 1021.4, 5 1021.5, or otherwise as allowable by law; and 6 8. For such other and further relief as the court may deem proper. 7 Dated: October 19, 2016 MANLY, STEWART & FINALDI

8 By: ______VINCE WILLIAM FINALDI, Esq. 9 Attorneys of Record for Plaintiff, 10 JANE AA DOE. 11 12

13

9990 - 14 15 (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 19 20 21 22 23 24 25 26 27 28

35

COMPLAINT FOR DAMAGES

1 DEMAND FOR JURY TRIAL 2 A trial by Jury is hereby demanded by Plaintiff. 3 Dated: October 19, 2016 MANLY, STEWART & FINALDI

4 By: ______VINCE WILLIAM FINALDI, Esq. 5 Attorneys of Record for Plaintiff, JANE AA DOE. 6 7 8 9 10 11 12

13

9990 - 14 15 (949) 252 (949)

Irvine, CA 92612 CA Irvine, 16 ATTORNEYS AT ATTORNEYS LAWAT Von Karman Avenue, Suite 800 Suite Avenue, Karman Von

Telephone: 17 MANLY, STEWART & FINALDI & STEWART MANLY, 19100 18 19 20 21 22 23 24 25 26 27 28

36

COMPLAINT FOR DAMAGES