09 P'!"l 16 PM 3 : 17

Transcription

1 NOV : CYRUS J. NOWNEJAD ( State Bar No ) LAW OFFICES OF CYRUS & CYRUS, PLC 993 South Santa Monica Boulevard Beverly Hills, CA 901 Ph : (310) Fax : (310) Attorneys for Plaintiff Tila Nguyen P.01 i P'!"l 16 PM 3 : 17 SkP ; `1{ {O J i y!ai T SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO TILA NGUYEN, an individual, vs. Plaintiff, SHAWNE MERRIMAN, an individual ; and DOES 1 through 0, inclusive, Defendants. CASE N cu-po-ctl FOR : 1. ASSAULT. BATTERY 3. FALSE IMPRISONMENT. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. DOMESTIC VIOLENCE (Civil Code Section ) PLAINTIFF TILA NGUYEN alleges as follows, based on infonnation and belief : GENERAL ALLEGATIONS 1. Plaintiff Tila Nguyen aka Tila Tequila (" Plaintiff ') is, and at all times mentioned herein, was a resident of Los Angeles County, in the State of California.. Defendant Shawne Merriman ("Defendant") is, and at all times mentioned herein, was a resident of San Diego County, in the State of California. -1-

2 NOV : F'. bz 3. The true names and capacities of the Defendants sued herein as DOES I through 0 ("Does"), inclusive, are unknown to Plaintiff who therefore has sued said Defendants by such fictitious names. Plaintiff will seek leave to amend this Complaint to set forth their true names and capacities when the same are ascertained. Plaintiff is informed and believes and thereon alleges that each of the Defendants sued herein as a Doe is, and at all times material hereto was, legally responsible in some manner for one or more of the acts, omissions, breaches, occurrences, losses and damages herein complained of, and further, that each Doe is, and at all times material hereto was, acting as an agent, servant, employee, representative, managing agent, partner, principal alter ego, affiliate, or co-conspirator of one or more of the other Defendants, with the knowledge, consent, and ratification of such other Defendants in causing or permitting the acts, omissions, breaches, occurrences, losses and damages herein complained o Plaintiffs are informed and believe that each of the Does 1 through 0 is a business, form unknown, whose principle place of business in Los Angeles County, and each of the Does 10 through 0 are individuals who reside in Los Angles County.. Plaintiff is, and at all times mentioned herein, was a famous model for Playboy and television personality, in the State of California. Plaintiff has appeared in numerous productions as a host and/or actress, including, but not limited to, "I Now Pronounce You Chuck & Larry," "A Shot at Love with Tila Tequila," "A Shot at Love with Tila Tequila," "MTV Video Music Awards 008," "MTV Spring Break : Tila Tequila's Spring Break Fantasy Couple," "Tila Tequila's New Year's Eve Masquerade 008," and "Pants-Off Dance-Off." Attached hereto and incorporated by reference as Exhibit 1 is a sampling of Plaintiff's credits as an actress and photographs of Plaintiff.. Defendant is, and at all times mentioned herein, was a leading NFL professional football player that is an outside linebacker for the San Diego Chargers, in the State of California. --

3 NOV : 11 P. a.i Attached hereto and incorporated by reference as Exhibit are pictures of Defendant. 6. Plaintiff is informed and believes, and thereupon alleges as follows : STATEMENT OF FACTS Plaintiff and Defendant met on July, 009, and began spending time together periodically. On or about Friday, September, 009, Plaintiff and Defendant spent the evening together in Plaintiffs hotel room. Plaintiff planned to spend the next few days with Defendant in his home, and moved her belongings to his home the following morning. 8. On the night of September, 009, Plaintiff and Defendant began to dispute regarding Defendant's temper, his drug use and derogatory comments toward Plaintiff. Plaintiff told Defendant that she refused to take any drugs. Defendant was upset by her response and told Plaintiff, "You don't have a choice." 9. After leaving a nightclub co-owned by Defendant around 1 :30 AM, Plaintiff got into a car with Defendant, Jay Rich, Amanda, Krystelle and Cindy and headed to Defendant's home. Defendant's friends, Randy and Chris, followed in a separate car. Shortly after arriving to Defendant's home, Plaintiff and Defendant entered into another dispute. In the time that they had dated and stayed the night together, Plaintiff had begun to notice that Defendant had a short temper and that he acted with a lot of disrespect towards her and women in general. In fact, Defendant nay ac q-_"--d 0 -,. k--qme "Lights Out" for his hard hits and aggressive demeanor. Defendant also made numerous attempts to force i, ;~ Irtiff to do things against her will. However, Plaintiff told Defendant that it was not acceptable to speak to her in that,o=o of disrespect. Moreover, Defendant made derogatory remarks to Plaintiff and humiliated her because of her bisexuality. Plaintiff, a Women's Rights and Gay Rights Supporter, tried to explain to Defendant that her bi-sexuality did not give him a right to speak to her in such a disrespectful manner. Plaintiff then told Defendant she was against his personal drug use (steroids, ecstasy, pot), his -3-

4 NOV : P violent behavior, hearing that Defendant had slept with a minor (Amanda), and Jay Rich's manufacturing of ecstasy in Defendant's home with Defendant's consent and aid. Plaintiff was upset at having just learned of Defendant's aforementioned admissions and surreptitious conduct. As a result, Plaintiff told Defendant that she wanted to leave and go to her home. 10. Defendant, afraid that Plaintiff would disclose said surreptitious conduct and admissions to the public, refused to let Plaintiff leave his home. Defendant began to chase Plaintiff down the hall. As she was leaving, he grabbed Plaintiff by her arms, and as she tried to break free, Defendant continued to hold her and shake her like a "rag doll." Defendant weighs 80 pounds and is 6'" while Plaintiff is '1 1 " and weighs 93 pounds. (See pictures of Defendant's size, attached hereto and incorporated by reference herein as Exhibit 1). Defendant is also known to be one of the strongest and fastest line backers in the NFL. Defendant next aggressively and forcefully threw Plaintiff to the couch, causing her fear, apprehension, and bodily harm to her jaw, neck, anus and back. Defendant then began to choke Plaintiff until she almost passed out. Tears began to come down Plaintiff's face as she begged hiin to let her go. Plaintiff could not breathe, and her vision began to black out. Plaintiff thought Defendant was going to kill Plaintiff when Defendant was choking her. Nevertheless, Defendant continued to choke Plaintiff. 11. When Defendant finally released his hold on Plaintiff's neck, she went over to where her belongings were, as well as the other house guests. Amanda immediately reached out to Plaintiff so that she could leave Defendant's home. Meanwhile, the Defendant and the other house guests associated with Defendant began to yell and scream. Out of fear and apprehension, Plaintiff and Amanda ran directly to the bathroom, located in Defendant's bedroom, and locked the door. Their fears continued to grow and they began to cry as the other guests made numerous attempts to open the bathroom door. Plaintiff made every effort to keep her and Amanda safe by --

5 NOV : P.0 keeping the bathroom door shut. 1. After a while, Plaintiff could hear that Defendant and the other house guests had moved over to the kitchen area. Amanda then stepped out of the bathroom for a moment, when Defendant, Jay and Randy barged into the bathroom and locked the door behind them. They told Plaintiff that she needed to talk to Defendant. However Plaintiff refused, and before long Jay and Randy walked out and left Defendant with Plaintiff. Defendant' s aggressive intimidation continued towards Plaintiff. Shortly thereafter, Defendant began to punch his hands together aggressively in front of Plaintiff. Defendant progressively got louder as he continued to yell at Plaintiff. Feeling completely unsafe and terrified, Plaintiff ran out of the bathroom towards the kitchen in search of Amanda for help. Plaintiff never saw Amanda again. 13. As Plaintiff went outside to the pool area, she was followed by Defendant once again. home. Plaintiff reiterated to Defendant that she simply wanted to get her suitcase and leave his However, when Plaintiff asked Defendant' s friends and family about her suitcase, no one would admit to taking it. Additionally, they all ignored Plaintiff' s cries for help to keep Defendant away from Plaintiff. Then, as Plaintiff tried to inquire about Amanda's whereabouts, Defendant 's family and friends (i.e., Jay Rich, Krystelle, Randy and Defendant ) started to come towards her in what appeared to be an entrapping and threatening manner until she was cornered. Plaintiff told them that if they did not back away from her and give her back her things, she would call 'Lc p. -!ice since she was afraid from e -erything that had transpired earlier. The moment one person took a step closer to Plaintiff, she called the police. Yet it was not until Plaintiff said, "Hello, " into the phone that everyone backed off from Plaintiff. The first moment she could, Plaintiff ran outside of Defendant 's home. 1. Plaintiff remained in a state of fear while she waited for the police to arrive. Plaintiff asked the woman who answered the 911 call to stay on the line with her because --

6 NOV : P.06 1 Defendant would not leave her alone. Defendant just kept telling Plaintiff, "I'll give you your 3 things back if you let me just talk to you" to attempt to persuade Plaintiff not to speak to the public about Defendant's aforementioned admissions and surreptitious conduct. But when Plaintiff told Defendant that at this point she just wanted her suitcase back, Defendant told her that he would not give it back to her. Before long, the woman on the line finally stated to Plaintiff that the Deputy had arrived to Defendant's gated house. Plaintiff could see the flashing lights and immediately ran over towards the lights. 1. The police officers quickly separated Defendant and Plaintiff. Plaintiff asked the police officers for their help to get her suitcase out of Defendant's home. However, her suitcase was not brought out. Plaintiff then started talking to the police officers. They asked her if she had been drinking that night, wherein she truthfully responded, "Absolutely not." They next asked her to fill out some paperwork. After a couple of hours passed, Plaintiff got her suitcase back from Defendant with the help of police. With Defendant standing nearby her suitcase, Plaintiff began to calmly exchange words with Defendant in the presence of the police officers. It was at this time that Defendant made a minimum of three admissions in the presence of three to five police officers that he had in fact choked Plaintiff earlier that evening. When Plaintiff asked the police officers to take note of Defendant's admissions, they quickly advised Defendant to stay quiet. 16. Shortly thereafter, Plaintiff asked the police officers to call the ambulance for her since Plaintiffs pain had escalated as time went on. After having spent about three hours with the police officers, Plaintiff was finally taken to the hospital. Meanwhile, Defendant was arrested and taken away by the police. Defendant posted bail. 17. As a result of the violent assault and battery committed on the evening of September, 009, Defendant caused Plaintiff to suffer fear, apprehension, and emotional -6-

7 NOV :6 r.e'r distress. Further, as a result of the physical attack by Defendant, Plaintiff has suffered great 3 6 bodily harm, deep humiliation and embarrassment. FIRST CAUSE OF ACTION (ASSAULT) 18. Plaintiff re-alleges Paragraphs 1-17 of the General Allegations and incorporates them by reference, as though fully set forth at length herein. 19. On or about September, 009, at the approximate hour of 11 :00 p.m., Plaintiff and Defendant entered into a dispute regarding Defendant's temper, his drug use and derogatory comments toward Plaintiff. Plaintiff clearly expressed that she did not want to take any drugs being offered to her. Upset by her response, Defendant firmly told Plaintiff, "You don't have a choice." 0. On or about September 6, 009, at the approximate hour of 1 :30 a.m., Plaintiff, Defendant and Defendant's brother arrived at Defendant's home. At said time and place, Defendant and Plaintiff entered into a dispute regarding Defendant's personal drug use of steroids, ecstasy and pot, his violent behavior, his allegedly having slept with a minor, as well as Defendant's brother's involvement with and manufacturing of drugs. This upset Defendant because he did not want Plaintiff to disclose this information to the public, and in response, he threatened Plaintiff and began to chase her down the hall. 1. On two separate occasions, Defendant intended to cause and did cause Plaintiff to suffer the apprehension of a harmful contact.. As a direct and proximate result of Defendant's conduct, Plaintiff suffered extreme mental anguish and physical pain. These injuries have caused Plaintiff to suffer general damages in an amount to be determined by proof at trial. Plaintiff does not know at this time the exact amount of expenses that have been incurred and that will be incurred in the fixture. -7-

8 NOV :6 P As a direct and proximate result of Defendant's conduct, Plaintiff was required to obtain medical services and treatment in an amount to be determined by proof at trial, and will, in the future, be compelled to incur additional obligations for medical treatment in an amount to be determined by proof at trial. Plaintiff does not know at this time the exact amount of expenses that have been incurred and that will be incurred in the future.. As a direct and proximate result of Defendant's conduct, Plaintiff is also entitled to recover punitive damages. SECOND CAUSE OF ACTION (BATTERY). Plaintiff re-alleges Paragraphs 1- of the General Allegations and the First Cause of Action, and incorporates them by reference, as though fully set forth at length herein. 6. After Plaintiff told Defendant that she wanted to leave Defendant's home, Defendant intentionally struck Plaintiff when he chased her down the hall, grabbed her by the arms, forcefully shook her and then choked her. The force used by Defendant caused Plaintiff to be thrown against Defendant's couch and damage her neck, arms and back. Plaintiff was left with a significant amount of bruises. 7. Defendant struck Plaintiff without her consent. 8. Defendant intended to cause and did cause a harmful contact with Plaintiff's person. 9. As a direct and proximate result of said acts by Defendant, Plaintiff suffered injuries to her jaw, neck, arms and back. Plaintiff also suffered extreme mental anguish and physical pain and suffering. These injuries have caused Plaintiff to suffer general damages in an amount to be determined by proof at trial. Plaintiff does not know at this time the exact amount of expenses that have been incurred and that will be incurred in the future. -8-

9 NOV :6 V1. e7 30. As a direct and proximate result of Defendant's conduct, Plaintiff was required to 3 6 obtain medical services and treatment in an amount to be determined by proof at trial, and will, in the future, be compelled to incur additional obligations for medical treatment in an amount to be determined by proof at trial. Plaintiff does not know at this time the exact amount of expenses that have been incurred and that will be incurred in the future. 31. As a direct and proximate result of Defendant's conduct, Plaintiff is also entitled to recover punitive damages. THIRD CAUSE OF ACTION (FALSE IMPRISONMENT) 3. Plaintiff re-alleges Paragraphs 1-31 of the General Allegations and the First and P Second Causes of Action, and incorporates them by reference, as though fully set forth at length herein. 33. Soon after Plaintiff and Defendant began to dispute on the evening of September 6, 009, Plaintiff told Defendant she wanted to leave his home. Defendant intentionally prevented Plaintiff from leaving his home when he grabbed her by the arms, shook her, threw her against the couch and choked her. Unable to breathe and with tears running down her face, Plaintiff began to black out. Finally, Defendant released his hold on Plaintiff's neck. 3. Defendant continued to physically restrain Plaintiff from leaving his home, while making vocal threats, throughout the evening. As a direct result of Defendant's conduct, Plaintiff, who was in great fear for her physical safety, was compelled to remain in Defendant's home against her will. 3. As a direct and proximate result of said acts by Defendants, Plaintiff suffered injury to her physical and mental health, embarrassment, humiliation, fear, anxiety, emotional distress and injury to her reputation. As a result, Plaintiff is entitled to compensatory damages -9 -

10 NOV :6 P.10 1 under Civil Code Section Based on Defendant's conduct, Plaintiff is also entitled to punitive damages under Civil Code Section 39. Plaintiff does not know at this time the exact amount of expenses that have been incurred and that will be incurred in the future. FOURTH CAUSE OF ACTION (INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS) 36. Plaintiff re-alleges Paragraphs 1-3 of the General Allegations and the First, Second and Third Causes of Action, and incorporates them by reference, as though fully set forth at length herein. 37. Defendant's conduct was outrageous when he chased Plaintiff down the hall, grabbed her by the arms, forcefully shook her, threw her against the couch and then choked her. 38. Defendant acted intentionally when he committed assault, battery and false imprisonment against Plaintiff. 39. As a result of Defendant's conduct, Plaintiff suffered severe emotional distress. 0. The conduct of the Defendant was the proximate cause of the emotional distress that Plaintiff has suffered. 1. As a direct and proximate result of said acts by Defendant, Plaintiff is entitled to recover for her emotional distress, particularly the mental anguish, shock, distress, humiliation, fright, anxiety, shame, apprehension and emotional embarrassment Plaintiff has suffered. Moreover, Plaintiff is entitled to recover for any bodily harm which has resulted from her emotional distress. Plaintiff is also entitled to recover any economic losses which have resulted from her emotional distress or its physical consequences, including but not limited to, Plaintiff's medical expenses, Psychiatric expenses, hospitalization, loss of earnings, and loss of earning capacity. Plaintiff does not know at this time the exact amount of expenses that have been incurred and that will be incurred in the future

11 NOV :7 P.11 1 FIFTH CAUSE OF ACTION (DOMESTIC VIOLENCE, Civil Code Section ) 3. Plaintiff re-alleges Paragraphs 1-1 of the General Allegations and the First, Second, Third and Fourth Causes of Action, and incorporates them by reference, as though fully set forth at length herein. 3. California Civil Code Section provides that "(a) A person is liable for the tort of domestic violence if the plaintiff proves both of the following elements : (1) The infliction of injury upon the plaintiff resulting from abuse.... () The abuse was committed by the defendant, a person having a relationship with the plaintiff....". Plaintiff and Defendant were involved in a dating relationship on or about ~, o m ma ~ a i.. N September -6, 009. During that time period, Plaintiff moved her belongings to Defendant's home and was spending the night in Defendant's home. Moreover, Plaintiff and Defendant were spending all of their free-time together.. Defendant intentionally, or at a minimum recklessly, caused and/or attempted to cause great bodily injury to Plaintiff when Defendant when he chased Plaintiff down the hall then grabbed Plaintiff by her arms, shook her, threw her against the couch and choked her until she almost blacked out. 6. Defendant also intentionally, or at a minimum recklessly, placed Plaintiff in reasonable apprehension of imminent serious bodily injury to herself when Defendant chased Plaintiff down the hall then grabbed Plaintiff by her arms, shook her, threw her against the couch and choked her until she almost blacked out. 7. As a result of Defendant's conduct, Plaintiff suffered injuries to her jaw, neck, anus and back. 8. The conduct of the Defendant was the proximate cause of the injuries that Plaintiff -11 -

12 NOV :7 P.1 has suffered. 9. As a direct and proximate result of said acts by Defendant, Plaintiff suffered extreme mental anguish and physical pain and suffering. Thus, Plaintiff is entitled to general damages, special damages, and punitive damages pursuant to Civil Code Section 39. Moreover, the court may grant Plaintiff equitable relief, an injunction, costs, and any other relief that the court deems proper, including Plaintiff s reasonable attorney's fees. Plaintiff does not know at this time the exact amount of expenses that have been incurred and that will be incurred in the future. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, for : On the FIRST COUNT : 1. For general damages for mental anguish and physical pain according to proof,. For special damages for medical and related expenses according to proof, and 3. For lost wages according to proof. On the SECOND COUNT : 1. For general damages for physical injuries and mental anguish according to proof,. For special damages for medical and related expenses according to proof, and 3. For lost wages according to proof. On the THIRD COUNT : 1. For general damages for injury to her physical and mental health, embarrassment, humiliation, fear, anxiety, emotional distress and injury to her reputation according to proof;. For special damages for medical and related expenses according to proof, and 3. For lost wages according to proof. H -1-

13 NOV :7 P.13 TOTAL P.13 1 On the FOURTH COUNT : For general damages for emotional distress, particularly the mental anguish, shock, distress, humiliation, fright, anxiety, shame, apprehension and emotional embarrassment according to proof,. For special damages for medical and related expenses according to proof, and 3. For lost wages according to proof; On the FIFTH COUNT : 1. For general damages for extreme mental anguish and physical pain and suffering according to proof;. For special damages according to proof ; 3. For punitive damages according to proof;. For Attorney's fees ;. For an injunction ; and 6. For such other and further relief as the court may deem proper. On ALL COUNTS : 1. For interest at the legal rate according to proof ;. For costs of suit incurred herein ; and 3. For such other and further relief as the court may deem proper. Dated : November 16, 009 LAW OFFICES OF CYRUS & CYRUS, PLC By : L C Nownejad, Esq. Attorneys for Plaintiff TILA NGUYEN -13-