ut&4lsnuiq* TSS{}Em -\ L\t4tw4 MAR IN DEPARTMENT-* IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS AI\GELES

Transcription

1 =:_ s.-- ut&lsnuiq* TSS{}Em -\ L\ttw ulicl""l A. Lott, CSB Ne 30L -dtr OFFCES OF MCHAELA. LOTTA, NC. 3 Est th Street. Suite A Lono Bech. CA 01 Telephone: () FAX: () 3-13 Attomevs for Plintiffs CAS E h{anagen,ent CONFERENCE SET FOR :30.nr. MAR 7 0,o-.*.,H,F rff ffi Z s t0fi.x* -tgi;,;.- 1 ;, C.,-.xril, Lr_rjfr K 7 ll t t N DEPARTMENT-* N THE SUPEROR COURT OF THE STATE OF CALFORNA RUBEN NAVARRETE: AMES CATT v. N AND FOR THE COUNTY OF LOS A\GELES Plintiffs, MARLYN MANSON; NTERSCOPE RECORDS, corportion; nd DOES 1 to 100, lnclusive, Defendnts. Cse No: NC03'i 1 COMPLANT FOR DAVAGES ; NEGLGENCE; NEGLGENT FALURE TO WARN; NEGLGENT SUPERVSON AND CONTROL; ASSAULT & BATTERY 17 l t l The plintiff Ruben Nvrrete lleges: COUNT ONE: ASSAULT & BATTERY: AGANST ALL DEF'ENDANT DOUGLAS DUNCAN l. The true nmes nd cpcities, whether corporte, individul, ssocite or otherwise of defendnts DOES through 100, inclusive, re unknown to plintiif t this time, who #;3#3 therefore sue ech of sid defendnts by such fictitious nmes; nd when their true r d S f;=3l cpcities re scertined, plintiff will sk leve of Courto mend this C@fl#Rffi ih#gfth frr* s # true nmes nd cpcities. Plintiff is informed nd believes, nd thereon llefies, tht e*edt& gh=3 defendnts designted herein s DOE, tortiously or otherwise, conducted themsel$.tss; tordb$s in *< or otherwise cused the events nd hppenings hereinfter referred to; nd tortious$ or otfrrfii*, H-* F}

2 U <tr l '/r < -1.+., L 1 T 10 l1 l * t rrl! -my ' '.? fl^<1 F.;Y* X* * V E<'E l{ ; TQ.O o ri p, 1Lo Fl <{ r-1 F(O! l< l l7 1 t l cused injury nd dmges to plintiff s hereinfter lleged'. plintiff is informed nd believes nd thereon lleges tht t ll times herein mentioned, defendnts nterscope Records nd DOES 0 to 7, nd ech of them, were nd now re corportions tht dopted, implemented, supervised, trined nd controlled security personnel, dministrtors, mngers nd other personnel in the County Of Los Angeles, Stte of Clifomi- The plintiff is informed nd believes nd thereon lleges tht the defendnts Mrilyn Mnson nd Does to, nd ech of them, were nd now re the employers, dministrtors, supervisors nd controllers of Does 1 through, ndech of them, in the nd for the City of Long Bech, in the Stte of Cliforni on October 31,0-3. Plintiff is informed nd believes, nd thereon lleges, tht t ll times herein mentioned, ech of the defendnts ws the gent, servnt nd employee of his co-defendnts, nd ws t ll times herein mentioned cting within the course nd scope of such gency nd employment. Plintiff is further informed nd believes, nd thereon lleges tht defendnts, nd ech of them, uthoried, rtified nd dopted the cts nd conduct of ech other by hiring, supervising, trining nd controlling their co-defendnts nd ech of them; by filing to supervise nd control the ct nd conduct of their co-defendnts, nd ech of them; by filing to wrn the plintiff of the unresonble risk of hrm by the cts nd conduct of their co-defendnts, nd ech of them; by filing to tke corrective or remedil ction fter the cts nd conduct set forth herein nd ttempting to discover, remedy nd rectiff the cts nd conduct of their co-defendnts, nd ech of them; nd by filing to respond to communictions intended to disclose the identities of ny responsible prty other thn them.. The plintiff is informed nd believes nd thereon lleges tht defendnts, nd ech of them, knew or in the exercise of resonble cre, should hve known tht their co-defendnts, nd ech of them, were reckless, violent, ssultive nd creless persons. Further, defendnts, nd ech of them, knew or in the exercise of resonble cre, should hve known tht there ws n unresonble risk of dngerous conduct, misconduct nd devince by their co-defendnts, nd ech of them, unless they were diligently nd properly hired, trined, supervised nd controlled; unless

3 r\ v t rl. <r j ; lrr1n,.aff 3i ir -l - co *-f$ E<'d r.! ca 'ci O,11 uu 1; H{iF.l U'o F. o -l il t l3 l l 1 l the plintiffs nd others were wrned of the nture nd risk of sid defendnts, nd ech of them, nd unless they, nd ech of them, took whtever steps resonbly necessry under the circumstnces to protect the plinfiffs from their co-defendnts, nd ech of them, including, but not limited to, providing proper security, trining, testing, supervision nd control; nd preventing unwnted ssults, btteries nd grbbing of others by the other defendnts, nd ech of them.. On or bout October 31,0, nd in the Cify of Long Bech, Stte of Cliforni, the defendnts Does to, nd ech of them, ssulted, bttered, grbbed nd offensively touched the plintiff while they were outside nd t the Vult 30, in Long Bech, Cliforni. During the incident, the plintiff ws grbbed, pulled, ssulted nd bttered in violtion of his civil rights. At ll times relevnt hereto, the personnel who prticipted in the events of October 31,0 were cting under the color of uthority from, under the prctices, procedures nd rules of the Mrilyn Mnson, nterscope Records nd s gents nd employees of Mrilyn Mnson, nterscope Records nd Does 0 to 7, nd ech of them. At ll times described bove, the defendnts, nd their gents, servnts nd employees, violted the plintiffs' civil rights, wrongfully touched, grbbed, ssulted nd bttered the plintiff; negligently nd crelessly trined, instructed, permitted, entrusted nd hired the security dministrtors, supervisors, mngers nd other personnel; negligently nd crelessly uthoried, permitted, trined nd rtified the use of excessive force by security dministrtors, mngers, supervisors nd other personnel on the plintiff; improperly nd wrongfully used excessive force on the plintiffnd violted the plintiff s rights under Stte nd Federl lw to not be subjected to excessive force while in public nd in violtion of life, liberty nd the pursuit of hppiness. As direct nd legl result thereof, the plintiff received severe nd permnent injuries nd dmges s hereinfter set forth.. Tht t ll times mentioned hereinbove, the defendnts, nd ech of them, knew or in the exercise of ordinry cre should hve known tht their co-defendnts, nd ech of them, would improperly touch, grb, ssult nd btter persons when Mrilyn Mnson ws present or in the re when they, nd ech of them, committed the cts nd conduct lleged herein nd./or

4 O 3- tr *13q, 1d". \^m Ht< d-tud ;',i g E d r. E FQ.o O to\ F 'S C [isi ()to }-CO 3 n 1l l 13 t 1 t t l t uthoried, rtified, llowed, permitted, cused nd directed the cts nd conduct of their codefendnts, nd ech of them, s evidenced by their subsequent conduct nd filure to respond to communiction bout the events. 7. Tht s direct nd legl result of the conduct of defendnts, nd ech of them, the plintiffs helth, strength nd ctivity hve been injured, nd the plintiff sustined severe nd permnent pin nd suffering nd severe shock nd injury to the nervous system, emotionl nd mentl well being nd vrious injuries to the person; tht the plintiff is informed nd believes, nd thereon lleges, tht some of sid injuries nd effects thereof re permnent in nture, ll to the plintiffs generl dmge in sum within the jurisdiction of this Superior Court-. Tht s direct nd legl result ofthe cts nd conduct ofdefendnts, nd ech of them, nd of sid injuries, the plintiff hs been compelled to, did incur nd will in the future incur obligtions nd expenditures for helth services of ll kinds, including, but not limited to, the cre, ttention nd services of physicins, psychitrists, psychologists, surgeons, nurses, therpists nd ttendnts, nd for incidentl services, prescriptions, helth devices nd hospitl services. The exct mount of such obligtions nd expenditures so incurred nd to be incurred is not known to the plintiffs t this time, nd the plintiffs will sk leve of Court, orlly or in writing, to mend this Complint to insert such mount when the sme is scertined. g. Tht s direct nd legl result of the conduct of defendnts, nd ech of them, nd of sid injuries, plintiffhs been unble to work t plintiffs usul occuption, business or profession, or t ny other occuption, business or profession for period of time since the occurrence; tht plintiff is informed nd believes, nd thereon lleges, tht plintiffwill be prevented from working t plintiffs usul occuption, business or profession, or ny occuption, business or profession for n indefinite time in the future; tht s direct nd proximte result of the conduct of defendnts, nd ech of them, nd of sid injuries, plintiff hs further been dmged by the loss of wges, income, dividends nd profits in n mount presently unscertined, nd will sk leve of court, orlly or in writing, to mend this complint to insert sid mount when the sme hs been scertined.

5 L) F< < 3 7 l1 t 10. Tht the defendnts Does to, nd ech of them, in conducting themselves s hereinbove described nd in ssulting nd bttering the plintiffs, cted mliciously, oppressively, nd with intent to injure the plintiff nd deprive him of his constitutionl nd civil rights. The plintiffs re informed nd believe, nd thereon llege tht defendnts Mrilyn Mnson, lnterscope Records nd Does 0 to, nd ech of them, nd ech of them, uthoried, rtified, confirmed, permitted, cused nd directed the ct of their co-defendnts, nd ech of them, by reson of the cts nd conduct set forth in Prgrphs 3,, nd hereinbove nd by reson of cts nd conduct presently unknown; nd sid defendnts, nd ech of them, knew or should hve known of the ssultive, combtive nd/or violent nture of their co-defendnts, nd ech of them, prior to the hereinbove described cts of misconduct nd devince s is set forth in Prgrphs, nd bove. All of which entitle the plintiffs to n wrd of punitive nd exemplry dmges ginst the defendnts, nd ech of them, in surn within the jurisdiction of )r<. <, -1 1"1 3* i;? --oco E< H#U* X* 'f V Y-<t t-- il td$ O to\d 'l! Y?; E ( 'o Frco Fl 13 t 1 l l t l this Superior Court. The plintiff Ruben Nvrrete lleges: O"O o 11. The plintiffrelleges Prgrphs through 10, inclusive of Count One, hereinbove; nd incorportes them herein by reference s though set forth in full- 1. On or bout October 37,0 nd in the Cityof Long Bech, Cliforni, the defendnts Does 1 through, nd ech of them, negligently nd crelessly touched, grbbed, ssulted nd bttered the plintiff nd thereby violted the plintiffs Stte nd Federl rights, including his civil rights to be free from excessive force nd his rights to life, liberty nd free from unlwful touchings nd ttcks- During the events described hereinbove, the defendnts, nd ech of them, negligently nd crelessly touched, grbbed, ssulted nd bttered the plintiff in violtion of his rights. As direct nd legl result thereof, the plintiff received severe nd permnent injuries nd dmges s set forth in Prgrphs 7, nd. tt/

6 The plintiff Ruben Nvrrete lleges: COUNT THREE: NTENTONAL NFLCTON OF EMOTONAL DSTRESS: AGANST ALL DEFE\DANTS 13. The plintiff relleges Prgrphs through 1, inclusive, of Counts One nd Two, hereinbove; nd incorportes them herein by reference s though set forth in full. 1. The conduct of defendnts, nd ech of them, in touching, grbbing, ssulting nd bttering the plintiff nd lso uthoriing, rtifying, dopting nd./or directing the sme ws O j t *.s 1"1 g* l; *-0q? fl* q-!l/co g;'d g E3 d l E FQ.O O,j! u!d ; H<{i (.o HCO g. 1^\ -t 10 1l t 13 t 1 1 l r l oppressive; mlicious; intentionl; done to cuse the plintiff severe nd permnent emotionl nd physicl distress, mentl nguish nd humilition; nd undertken recklessly nd with knowledge tht severe nd permnent emotionl nd physicl distress, mentl nguish nd humilition ws certin or substntilly certin to result. Such emotionl nd mentl distress, mentl nguish nd humilition ws such tht no resonble person should hve to ber it. Furthermore, it is shocking to the conscience nd sensibilities of ny person for security personnel, dministrtors, mngers supervisors nd other personnel of professionl persons nd record compnies to ssult, btter, touch nd grb persons without provoction or cuse. The conduct of defendnts, nd ech of them, in confirming, uthoriing,rti$ng, dopting, filing to trin, supervise, control nd discipline the behvior, misconduct nd devince of nd filing to wrn plintiffnd others bout their co-defendnts, nd ech of them, ws done with knowledge tht plintiffwould be cused severe nd permnent emotionl nd physicl distress, mentl nguish nd humilition; nd ws done with reckless disregrd of the conseguences to plintiff. 1. As direct nd proximte result of the foresid conduct of defendnts, nd ech of them, nd in ddition to the injuries nd dmges set forth in prgrphs 7, nd of Count One, hereinbove, the plintiff hs suffered humilition, mentl nguish nd emotionl nd physicl distress; nd plintiff is informed nd believes nd thereon lleges tht some of sid injuries nd dmges re permnent in nture. All ofwhich re to plintiffs dmge in um within the jurisdiction of this Superior Court. 1. Tht the defendnts Does to, nd ech of them, in conducting themselves s

7 U < < < -13<t luip* F.l - X?ri 3ii /i fi --R X* ' V E3 E l.!fag O 'l! u\d ilisi (.o Hro ff! t t3 T l t 17 1 t l hereinbove described nd in ssulting nd bttering the plintiffs, cted mliciously, oppressively, nd with intent to injure the plintiff nd deprive him of his constitutionl nd civil rights. The plintiffs re informed nd believe, nd thereon llege tht defendnts Mrilyn Mnson, nterscope Records nd Does 0 to, nd ech of them, nd ech of them, uthoried, rtified, confirmed, permitted, cused nd directed the ct of their co-defendnts, nd ech of them, by reson of the cts nd conduct set forth in Prgrphs 3,, nd hereinbove nd by reson ofcts nd conduct presently unknown; nd sid defendnts, nd ech ofthern, knew or should hve known of the ssultive, combtive nd/or violent nture of their co-defendnts, nd ech of them, prior to the hereinbove described cts of misconduct nd devince s is set fonh in Prgrphs, nd bove. All of which entitle the plintiffs to n wrd ofpunitive nd exemplry dmges ginst the defendnts, nd ech of them, in sum within the jurisdiction of this Superior Court. The plintiff Ruben Nvrrete lleges: AGANST ALL DEFENDANTS 17. The plintiff relleges Prgrphs through 13, inclusive of Counts One nd Two, hereinbove; nd incorportes them herein by reference s though set forth in full. 1. The defendnts, nd ech of them, t ll times relevnt hereto, knew or in the exercise of resonble cre, should hve known tht their conduct ws likely to cuse the plintiff to suffer severe nd permnent emotionl nd physicl distress, mentl nguish nd humilition. 1. Despite the bove nd on or bout October 3l,}O,the defendnts Does to, nd ech of them, ssulted, bttered, touched, grbbed nd used excessive force on the plintiff; nd thereby violting the plintiff s Stte nd Federl rights, including his civil rights to be free from excessive force nd to life, liberty nd free from unlwful touchings nd ttcks; nd their codefendnts, nd ech of them, confirmed, uthoried, rtified, dopted, filed to supervise, trin, discipline nd control sid behvior, misconduct nd devince nd filed to wm plintiff nd COMPL.ANT FORDAMAGES

8 L) - '-o < - ' <' 1"i3* i; o. co q ufi---3 -=*,. T {' i;is O '11 uld?g H!rFl C).o E(o < 1.\ 7 10 n t 13 t l t l r l others bout defendnts, nd ech of them. The ernotionl nd mentl distress, mentl nguish nd humilition cused by the bove described conduct ws such tht no resonble person should hve to ber it. Furthermore, it is shocking to the conscience nd sensibilities of nyperson for security personnel, dministrtors, mngers supervisors nd other personnel of professionl persons nd record compnies to ssult, btter, touch nd grb persons without provoction or cuse. The conduct of defendnts, nd ech of them, in confirming, uthoriing,rtisng, dopting, filing to trin, supervise, control nd discipline the behvior, misconduct nd devince of nd filing to wm plintiffnd others bout their co-defendnts, nd ech of them, ws done with knowledge tht plintiffwould be cused severe nd permnent emotionl nd physicl distress, mentl nguish nd humilition; nd ws done with reckless disregrd of the consequences to plintiff. The defendnts, nd ech of them, in so negligently nd crelessly conducting themselves, s described hereinbove, directly nd proximtely cused plintiff severe nd permnent emotionl nd physicl distress, mentl nguish nd humilition.. As direct nd proximte result of the foresid conduct of defendnts, nd ech of them, nd in ddition to the injuries nd dmges set forth in prgrphs 7, nd of Count One, hereinbove, the plintiff hs suffered humilition, mentl nguish nd emotionl nd physicl distress; nd plintiff is informed nd believes nd thereon lleges tht some of sid injuries nd dmges re permnent in nture. All of which re to plintiffs dmge in sum within the jurisdiction of this Superior Court. The plintiff Ruben Nvrrete lleges: 1. The plintiff rel usive, of Counts One through Fouq hereinbove; nd incorportes them herein by reference s though set forth in full-. Plintiff is informed nd believes nd thereon lleges tht prior to the defendnts, nd ech of them, ssulting, bttering touching, grbbing nd using excessive force on the plintiff nd violting the plintiffs Stte nd Federl rights, including his civil.iehts to be free

9 fiom excessive force nd to life, liberfy nd free from unlwful touchings nd ttcks, their codefendnts, nd ech of them, knew or in the exercise of ordinry cre, should hve known tht: ( 3 l- i.{: 1dB* l;.roco? E< t.;".* = d-. E -itl i;is o fi pe H.c, Q S* F(o. F 7 10 ll t t3 l l 1 17 l t l l. Defendnts, nd ech of them, were reckless nd creless persons who would ssult, btter touch, grb nd use excessive force on persons without proper justifiction;. Sid defendnts, nd ech of them, hd history of misconduct nd devint behvior; 3. Without proper nd creful supervision, trining nd control, sid defendnts, nd ech of them, intended to nd would likely commit cts of misconduct nd devince;. The defendnts, nd ech of them, cted out when under vrious forms nd levels of stress nd stressful events; nd - A serious nd foreseeble risk of misconduct nd devince by sid defendnts, nd ech of them, existed unless co-defendnts, nd ech of them, crefully supervised, trined, tested nd controlled them, wmed the plintiff nd others of this risk nd took whtever steps necessry under the circumstnces to protect persons from this risk. - Despite t}re bove, nd prior to or through October 3L,}0,the defendnts, nd ech of them, negligently nd crelessly filed to protect persons, including the plintifi negligently nd crelessly filed to wrn the plintiff nd others of the risk of misconduct nd devince; nd negligently nd crelessly filed to tke ny steps resonbly necessry under the circumstnces to prevent hrm to plintiff, including, but not limited to, pennitting their codefendnts, nd ech of them, to touch, grb, ssult, btter nd use excessive force on the plintiff; negligently llowed Does to, nd ech of them, to hve contct with the plintiff without nother person who ws willing to protect the plintiff present t ll times nd to come into sitution where their co-defendnts might ct inppropritely nd use unresonble nd excessive force on persons. As direct nd proximte result thereof nd in the City of -ong COMPLANT F'OR DAMAGES

10 1 Bech, the plintiff ws injured nd dmged when he ws ssulted, bttered, touched, grbbed nd subjected to excessive force outside the Vult 30 when Mrilyn Mnson ws present; nd when the defendnts, nd ech of them, knew or in the exercise of ordinry cre should hve known tht their co-defendnts, nd ech of them, were reckless nd creless persons nd in position where they could hrm members of the public. The hereinbove described conduct of defendnts, nd ech of them, directly nd proximtely resulted in severe nd permnent injuries nd dmges to plintiff, including but not limited to those described in prgrphs 7, nd of Count One, hereinbove. t) F 3.ir :'i* 1d3"' r^ d rrlv". 3 E*q *rd--p Y- + X =3 E+ F.!fq.o O 'l uld * (.o Hon H { t0 ll t l3 t 1 t 1 l A l The plintiff Ruben Nvrrete lleges:. The plintiff relleges Prgrphs 1 through inclusive, of Counts One through Six, hereinbove; nd incorportes them herein by reference s though set forth in full.. At ll times relevnt hereto, the defendnts Mrilyn Mnson,nterscope Records nd Does 0 through 7, nd ech ofthem, owed duty to trin, test, supervise, discipline nd control its security personnel of Mrilyn Mnson, dministrtors, mngers, supervisors nd other personnel in the use of resonble nd/or proper force nd in other mtters incidentl to the exercise of proper security functions nd duty to protect members of the public from the use of unresonble nd/or excessive force on them nd to not violte the civil nd constifutionl rights ofmembers of the public. The defendnts, nd ech of them, negligently nd crelessly supervised, trined, disciplined, directed nd controlled their co-defendnts, nd ech of them, so s not to discover nd prevent sid defendnts from ssulting, bttering, touching, grbbing nd using excessive force on the plintiff; nd to discover nd prevent misconduct nd devince being committed ginst the person nd body of the plintiff when they, nd ech of them, knew or in the exercise or ordinry cre should hve known their co-defendnts, nd ech of them, were reckless nd creless persons who might touch, grb, ssult nd btter members of the public. As direct nd proximte result thereof, plintiffreceived severe nd permnent injuries nd dmges when

11 1, the co-defendnts, nd ech of them, of the defendnts, nd ech of them, ssulted, bttered, touched, grbbed nd used excessive force on the plintiff on or bout October 31,0; nd he suffered the injuries nd dmges set forth in prgrphs 7, nd of Count One, hereinbove.. The defendnts, nd ech of them, knew or in the exercise of ordinry cre, should hve known tht bsent such supervision, trining, discipline, direction nd control, the sfety nd well being of persons, including plintiff, with whom their co-defendnts, nd ech of them, hd contct with ws t risk. v f,- l -l..ft < -! c.; rvfol l; -toct)? E< ts-{d H -'* :3e g.;f.o o d pld 1ro l{{f{ c').o t - & -:.' 1l 1 13 t l 1 l r T The plintiff mes Ctti lleges: COUNT SEVEN: ASSAULT & BATTERY: AGANST ALL DEFENDANT DOUGLAS DTNCAN. The plintiff relleges Prgrphs through nclusive, of Count One, hereinbove; nd incorportes them herein by reference s though set forth in full.. On or bout October 31,0, nd in the City of Long Bech, Stte of Cliforni, the defendnts Does to, nd ech of them, ssulted, bttered, grbbed nd offensively touched the plintiff while they were outside nd t the Vult 30, in Long Bech, Cliforni. During the incident, the plintiffws grbbed, pulled, ssulted nd bttered in violtion of his civil rights. At ll times relevnt hereto, the personnel who prticipted in the events of October 3l,0were cting under the color of uthority from, under the prctices, procedures nd rules of the Mrilyn Mnson, lnterscope Records nd s gents nd employees of Mrilyn Mnson,nterscope Records nd Does 0 to 7, nd ech of them. At ll times described bove, the defendnts, nd their gents, servnts nd employees, violted the plintiffs' civil rights, wrongfully touched, grbbed, ssulted nd bttered the plintiff; negligently nd crelessly trined, instructed, permitted, entrusted nd hired the security dministrtors, supervisors, mngers nd other persomel; negligently nd crelessly uthoried, permitted, trined nd rtified the use of excessive force by security dministrtors, mngers, supervisors nd other personnel on the plintiff; improperly nd wrongfully used excessive force on the plintiffnd ll

12 e) fl Fl 3.{ :'i: uip* -^ rrt v': 3 g*q F''d-.P == -E i ='* g. E; E cc.ci O to 'i! Ei,3 ().o F(o E - 1l t l3 T l 1 1 l violted the plintit?s rights under Stte nd Federl lw to not be subjected to excessive force while in public nd in violtion of life, liberty nd the pursuit of hppiness. As direct nd legl result thereof, the plintiff received severe nd permnent injuries nd dmges s hereinfter set forth.. Tht t ll times mentioned hereinbove, the defendnts, nd ech of them, knew or in the exercise of ordinry cre should hve known tht their co-defendnts, nd ech of them, would improperly touch, grb, ssult nd btter persons when Mrilyn Mnson ws present or in the re when they, nd ech of them, committed the cts nd conduct lleged herein nd./or uthoried, rtified, llowed, permitted, cused nd directed the cts nd conduct of their codefendnts, nd ech of them, s evidenced by their subsequent conduct nd filure to respond to communiction bout the events. 30. Tht s direct nd legl result of the conduct of defendnts, nd ech of them, the plintiffs helth, strength nd ctivity hve been injured, nd the plintiff sustined severe nd permnent pin nd suffering nd severe shock nd injury to the nervous system, emotionl nd mentl well being nd vrious injuries to the person; tht the plintiff is informed nd believes, nd thereon lleges, tht some of sid injuries nd effects thereof re permnent in nture, ll to the plintiffs generl dmge in sum within the jurisdiction of this Superior Court. 31. Tht s direct nd legl result ofthe cts nd conduct ofdefendnts, nd ech of them, nd of sid injuries, the plintiff hs been compelled to, did incur nd will in the future incur -l l obligtions nd expenditures for helth services of ll kinds, including, but not limited to, the cre, ttention nd services of physicins, psychitrists, psychologists, surgeons, nurses, therpists nd ttendnts, nd for incidentl services, prescriptions, helth devices nd hospitl services. The exct mount of such obligtions nd expenditures so incurred nd to be incurred is not known to the plintiffs t this time, nd the plintiffs will sk leve of Court, orlly or in writing, to mend this Complint to insert such mount when the sme is scertined. 3. Tht s direct nd legl result of the conduct of defendnts, nd ech of them, nd of sid injuries, plintiff hs been unble to work t plintiffs usul occuption, business or t

13 :-: i:- -= profession, or t ny other occuption, business or profession for period of time since the occulrence; tht plintiff is informed nd believes, nd thereon lleges, tht plintiff will be prevented from working t plintiffs usul occuption, business or profession, or ny occuption, business or profession for n indefinite time in the future; tht s direct nd proximte result of the conduct of defendnts, nd ech of them, nd of sid injuries, plintiff hs further been dmged by the loss of wges, income, dividends nd profits in n mount presently unscertined, nd will sk leve of court, orlly or in writing, to mend this complint to insert d L; -{_ L *1. j':h 1d3". Hrix r^ u: $ E<'Hc rr E c 'ci o ri r, ffisi c)'o F(o F. l1 t l3 t l l7 l t T sid mount when the sme hs been scertined. 33. Tht the defendnts Does to, nd ech of them, in conducting themselves s hereinbove described nd in ssulting nd bttering the plintiffs, cted mliciously oppressively, nd with intent to injure the plintiff nd deprive him of his constitutionl nd civil rights. The plintiffs re informed nd believe, nd thereon llege tht defendnts Mrilyn Mnson, nterscope Records nd Does 0 to, nd ech of them, nd ech of them, uthoried, rtified, confirmed, permitted, cused nd directed the ct of their co-defendnts, nd ech of them, by reson of the cts nd conduct set forth in Prgrphs 3,,,,,g nd hereinbove nd by reson ofcts nd conduct presently unknown; nd sid defendnts, nd ech of them, knew or should hve known of the ssultive, combtive nd/or violent nture of their codefendnts, nd ech of them, prior to the hereinbove described cts of misconduct nd devince s is set forth in Prgrphs,, nd bove. All of which entitle the plintiffs to n wrd of punitive nd exemplry dmges ginst the defendnts, nd ech of them, in sum within the jurisdiction of this Superior Court. The plintiff mes Ctti lleges: 1 3. The plintiff relleges Prgrphs through, inclusive of Count One nd prgrphs through 3 of Count Seven, hereinbove; nd incorportes them herein by reference s though set forth in full. l3 COMPLANT FOR DAMAGES

14 3. On or bout October 3,0 nd in the City of Long Bech, Cliforni, the defendnts Does 1 through, nd ech of them, negligently nd crelessly touched, grbbed, ssulted nd bttered the plintiff nd thereby violted the plintiff s Stte nd Federl rights, including his civil rights to be free from excessive force nd his rights to life, liberty nd free from unlwful touchings nd ttcks. During the events described hereinbove, the defendnts, nd ech of them, negligently nd crelessly touched, grbbed, ssulted nd bttered the plintiff in violtion of his rights. As direct nd legl result thereof, the plintiff received severe nd permnent injuries nd dmges s set forth in Prgrphs 30, 31 nd3. O 7 < H '*1 <r ' {dp* F.l tri + -XhY - i.3 if;q Hd-=P X- V E d. ; CQ.O O,S u! n E H\H Ho^! F. 10 1l 1 l3 t 1 1 l7 l t l The plintiff mes Ctti lleges: COUNT NNE: NTENTONAL NFLCTON o 3- The plintiff relleges Prgrphs 1 through, inclusive, of Count One nd prgrphs tlrough 3 of Counts Seven nd Eight, hereinbove; nd incorportes them herein byreference s though set forth in full- 37. The conduct of defendnts, nd ech of them, in touching, grbbing, ssulting nd bttering the plintiff nd lso uthoriing, rtifying, dopting nd./or directing the sme ws oppressive; mlicious; intentionl; done to cuse the plintiffsevere nd permnent emotionl nd physicl distress, mentl nguish nd humilition; nd undertken recklessly nd with knowledge tht severe nd permnent emotionl nd physicl distress, mentl nguish nd humilition ws certin or substntilly certin to result. Such emotionl nd mentl distress, mentl nguish nd humilition ws such tht no resonble person should hve to ber it. Furthermore, it is shocking to the conscience nd sensibilities of ny person for security personnel, dministrtors, mngers supervisors nd other personnel of professionl persons nd record compnies to ssult, btter, touch nd grb persons without provoction or cuse. The conduct ofdefendnts, nd ech of them, in confirming, uthoriing, rtifing, dopting, filing to trin, supervise, control nd discipline the behvior, misconduct nd devince of nd filing to wrn plintiffnd others bout t

15 <; t :<.g{{ 1dB* +Y1 -Am? E<A t r) r H r; --P :u. r:,i ='* -. H.l or{ l. E fq.o O,il to\d n E HVH ( \O H(Yl. 1 1t t l3 t l l l t l their co-defendnts, nd ech of them, ws done with knowledge tht plintiff would be cused severe nd permnent emotionl nd physicl distress, mentl nguish nd humilition; nd ws done with reckless disregrd of the consequences to plintiff. 3. As direct nd proximte result of the foresid conduct of defendnts, nd ech of thern, nd in ddition to the injuries nd dmges set forth in prgrphs 30, 31 nd 3 of Count Seven, hereinbove, the plintiff hs suffered humilition, mentl nguish nd emotionl nd physicl distress; nd plintiff is informed nd believes nd thereon lleges tht some of sid injuries nd dmges re permnent in nture. All of which re to plintiffs dmge in sum within the jurisdiction of this Superior Court. 3- Tht the defendnts Does 1 to, nd ech of them, in conducting thernselves s hereinbove described nd in ssulting nd bttering the plintiffs, cted mliciously, oppressively, nd with intent to injure the plintiff nd deprive him of his constitutionl nd civil rights. The plintiffs re informed nd believe, nd thereon llege tht defendnts Mrilyn Mnson, nterscope Records nd Does 0 to, nd ech of them, nd ech of them, uthoried, rtified, confirmed, permitted, cused nd directed the ct of their co-defendnts, nd ech of them,byresonofthectsndconductsetforthinprgrphs3,,,,t,ndg, hereinbove nd by reson ofcts nd conduct presently unknown; nd sid defendnts, nd ech of them, knew or should hve known of the ssultive, combtive nd./or violent nture of their codefendnts, nd ech of them, prior to the hereinbove described cts of misconduct nd devince s is set forth in Prgrphs,,,, nd bove. All of which entitle the plintiffs to n wrd of punitive nd exemplrydmges ginst the defendnts, nd ech of them, in sum within the jurisdiction of this Superior Court. The plintiff mes Ctti lleges: COUNT TEN: NEGLGENT NFLCTON OF EMOTONAL DSTRE,SS: AGANST ALL DEFENDANTS 0. The plintiff relleges Prgrphs 1 through, inclusive, of Count One nd 1

16 F-- Q t-i <.-l 3 <, j'd 1d3*,;;i --o(o? E< S.#t".3 *- T ni fi;s o rn pld frsi U.o T! t l3 l r t t l prgrphs through 3 of Counts Seven nd Eight, hereinbove; nd incorportes them herein by reference s though set forth in full. 1. The defendnts, nd ech of them, t ll times relevnt hereto, knew or in the exercise of resonble cre, should hve known tht their conduct ws likely to cuse the plintiff to suffer severe nd permnent emotionl nd physicl distress, mentl nguish nd humilition.. Despite the bove nd on or bout October 3,0, the defendnts Does to, nd ech of them, ssulted, bttered, touched, grbbed nd used excessive force on the plintiff; nd thereby violting the plintiff s Stte nd Federl rights, including his civil rights to be free from excessive force nd to life, liberty nd free from unlwful touchings nd ttcks; nd their codefendnts, nd ech of them, confirmed, uthoried, rtified, dopted, filed to supervise, trin, discipline nd control sid behvior, misconduct nd devince nd filed to wm plintiff nd others bout defendnts, nd ech of them. The emotionl nd mentl distress, mentl nguish nd humilition cused by the bove described conduct ws such tht no resonble person should hve to ber it. Furthermore, it is shocking to the conscience nd sensibilities of nyperson for security personnel, dministrtors, mngers supervisors nd other personnel of professionl persons nd record compnies to ssult, btter, touch nd grb persons without provoction or cuse. The conduct of defendnts, nd ech of them, in confirming, uthoriing rtiffing, dopting, filing to trin, supervise, control nd discipline the behvior, misconduct nd devince of nd filing to wrn plintiff nd others bout their co-defendnts, nd ech of them, ws done with knowledge tht plintiff would be cused severe nd permnent emotionl nd physicl distress, mentl nguish nd humilition; nd ws done with reckless disregrd of the consequences to plintiff, The defendnts, nd ech of them, in so negligently nd crelessly conducting themselves, s described hereinbove, directly nd proximtely cused plintiffsevere nd permnent emotionl nd physicl distress, mentl nguish nd humilition. 3. As direct nd proximte result of the foresid conduct of defendnts, nd ech of them, nd in ddition to the injuries nd dmges set forth in prgrphs 30, 3l nd 3 of Count Seven, hereinbove, the plintiffhs suffered humilition, mentl nguish nd emotionl nd l COMPLANT F'OR DAMAGES

17 E-- physicl distress; nd plintiff is informed nd believes nd thereon ileges tht some of sicl injuries nd dmges re permnent in nture. All of which re to plintiffs dmge in sum within the jurisdiction of this Superior Court. ( *l f ;'. 1{,R* F-{ -><-; 3 ri+ U"d -r 3 H,E-* Ek x;. EFA<j o d p\?-?q, Q * li E F co ll T l3 t t l 17 l t l., The plintiff mes Ctti lleges: LE.Theplinti,,,,u,*sive,ofCountsonethrough Four nd prgrphs tbrough3 of Counts Seven through Ten, hereinbove; nd incorportes them herein by reference s though set forth in full. ' Plintiff is informed nd believes nd thereon lleges tht prior to the defendnts, nd ech of them, ssulting, bttering touching, grbbing nd using excessive force on the plintiffnd violting the plintiffs Stte nd Federl rights, including his civil rights to be free from excessive force nd to life, liberty nd free from unlwful touchings nd ttcks, their codefendnts, nd ech of them, knew or in the exercise of ordinry cre, should hve known tht: l' Defendnts' nd ech of them, were reckless nd creless persons who would ssult, btter touch, grb nd use excessive force on persons without proper justifiction; ' Sid defendnts, nd ech of them, hd history of misconduct nd devint behvior; 3' Without proper nd creful supervision, trining nd control, sid defendnts, nd ech of them, intended to nd would likely commit cts of misconduct nd devince; ' The defendnts, nd ech of them, cted out when under vrious forms nd levels of stress nd stressful events; nd ' A serious nd foreseeble risk of misconduct nd devince by sid defendnts, nd ech of them, existed unless co-defendnts, nd ech of them, crefully supervised, trined, tested nd controlled them, wmed the T7 COMPLANT F'OR DAMAGES

18 : d t-i l * 3 1; -f, lusr'' r^ rrl v ' i 3 ESq Hd-.P X* -V E13! EFQ'o O 'oo\d slg ''i! S- F(o < F t 13 t 1 l 1 t l plintiff nd others of this risk nd took whtever steps necessry under the circumstnces to protect persons from this risk.. Despite the bove, nd prior to or through October 3l,}A,the defendnts, nd ech of them, negligently nd crelessly filed to protect persons, including the plintiff; negligently nd crelessly filed to wrn the plintiff nd others of the risk of misconduct nd devince; nd negligently nd crelessly filed to tke ny steps resonbly necessry under the circumstnces to prevent hrm to plintiff, including, but not limited to, permitting their codefendnts, nd ech of them, to touch, grb, ssult, btter nd use excessive force on the plintiff; negligently llowed Does 1 to, nd ech of them, to hve contct with the plintiff without nother person who ws willing to protect the plintiff present t ll times nd to come into sitution where their co-defendnts might ct inppropritely nd use unresonble nd excessive force on persons. As direct nd proximte result thereof nd in the City of nng Bech, the plintiff ws injured nd dmged when he ws ssulted, bttered, touched, grbbed nd subjected to excessive force outside the Vult 30 when Mrilyn Mnson ws present; nd when the defendnts, nd ech of them, knew or in the exercise of ordinry cre should hve known tht their co-defendnts, nd ech of them, were reckless nd creless persons nd in position where they could hrm members of the public. The hereinbove described conduct of defendnts, nd ech of them, directly nd proximtely resuited in severe nd permnent injuries nd dmges to plintiff, including but not limited to those described in prgrphs 30, 3l nd3 of Count Seven hereinbove. The plintiff mes Ctti lleges: CQUNT TWELVE: NEGLGENT SUPERWSON. TRAMNG AND CONTROL: AGANST ALL DEFENDA\TS 7. The plintiffrelleges Prgrphs through inclusive, of Counts One through Eleven, hereinbove; nd incorportes them herein by reference s though set forth in full.. At ll times relevnt hereto, the defendnts Mrilyn Mnson, nterscope Records l COMPLANT FOR DAMAGES

19 Z d h< i.g <, {dp* Fl di trt + -;< v 'i 3 i*q fir;-.p Y- + V :.+ d r. E cq.o o pi p\!ro { {i F.l L) HM 'o lr. -! i 7 ll l l3 l l l l l nd Does 0 through 7, nd ech of them, owed duty to trin, test, supervise, discipline nd control its securitypersonnel of Mrilyn Mrison, dministrtors, mngers, supervisors nd other personnel in the use of resonble nd/or proper force nd in other mtters incidentl to the exercise of proper security functions nd duty to protect members of the public from the use of unresonble nd/or excessive force on them nd to not violte the civil nd constitutionl rights of members of the public. The defendnts, nd ech of them, negligently nd crelessly supervised, trined, disciplined, directed nd controlled their co-defendnts, nd ech of them, so s not to discover nd prevent sid defendnts from ssulting, bttering, touching, grbbing nd using excessive force on the plintiff; nd to discover nd prevent misconduct nd devince being committed ginst the person nd body ofthe plintiff when they, nd ech of them, knew or in the exercise or ordinry cre should hve known their co-defendnts, nd ech of them, were reckless nd creless persons who might touph, grb, ssult nd btter members of the public. As direct nd proximte result thereof plintiffreceived severe nd permnent injuries nd dmges when the co-defendnts, nd ech of them, of the defendnts, nd ech of them, ssulted, bttered, touched, grbbed nd used excessive force on the plintiff on or bout October 3,0; nd he suffered the injuries nd dmges set forth in prgrphs 30, 31 nd.3of Count Seven, hereinbove.. The defendnts, nd ech of them, knew or in the exercise of ordinry cre, should hve known tht bsent such supervision, trining, discipline, direction nd control, the sfety nd well being of persons, including plintiff, with whom their co-defendnts, nd ech of them, hd contct with ws t risk. s follows: WHEREFORE, the plintiffs pry for judgment ginst the defendnts, nd ech of them, FOR COUNTS ONE TO TWELVE: l. Generl dmges in sum within the jurisdiction of this Superior Court;. Medicl nd incidentl expenses ccording to proof; l

20 loss of wges, ernings, dividends, income nd profits ccording to proof; Punitive nd exemplry dmges ccording to proof; Prejudgment interest ccording to proof; Costs of suit incurred herein; nd For such other nd further relief s the Court rny deem just nd proper. U l< i i-\ < ll -1.$<, *th*? 3< H,;t-* X+ - V E.+ 3& T EcQ O r ptd ffiqj L) \o HCO!'' tlr { l 13 l t r 1 t l DATED: October,0 Attorney for Plinti ffs