COPY Cer aueon 10 u 12 13 14 15 16 7 18 19 20 2 n 24 25 26 27 28 CONFORMED, Michael Avenatti, Esq. (SBN 206929) hisses EAGAN AVENATTI, LLP 520 Newport Center Dr., Suite 1400 Ne Beach, CA 92660 Tel: (949) 706-7000 Fax: (949) 706-7050 Attomeys for Plaintiff ‘Mark Burton SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES - STANLEY MOSK COURTHOUSE MARK BURTON, an individual, Case No. BC6 34315 Plaintiff, PLAINTIFF'S COMPLAINT FOR DAMAGES v. 1, VIOLATION OF THE DRUG JAMES EUGENE CARREY, an individual DEALER LIABILITY ACT (aka ARTHUR KING); and DOES 1 through | 2. WRONGFUL DEATH 100, inclusive, DEMAND FOR JURY TRIAL Defendants. COMES NOW Plaintiff Mark Burton, an individual, and alleges as follows: INTRODUCTION This is a case about Defendant Jim Carrey using his immense wealth and celebrity status to illegally obtain and distribute highly addictive and, in this case deadly, controlled substances, After obtaining these drugs illegally and under a bogus name (“Arthur King”), Mr. Carrey proceeded to provide the prescription drugs to his 30-year-old girlfriend, Cathriona White. Mr. Carrey did so despite the fact that he knew full well that Ms. White (a) was ill equipped to ingest and manage highly additive prescription drugs outside the care of a licensed physician; (b) was 1 PLAINTIFF'S COMPLAINT FOR DAMAGES25 26 27 28 prone to depression; and (c) had previously attempted to take her own life. The result that followed was predictable and foreseeable — Ms. White overdosed on the drugs on or about September 24, 2015 and died. On information and belief and as described further herein, after her death, Mr. Carrey took steps to conceal and obfuscate his involvement and culpability in Ms. White's untimely and tragic death. THE PARTIES 1. Plaintiff Mark Burton (“Burton”) is an individual presently residing in Portland, Oregon. Mr. Burton was the husband of Cathriona White (“White”) at the time of her death as described below. 2. The individual Plaintiff Mr. Burton and additional plaintiffs that may be added as this case progresses shall hereinafter be collectively known and wherever appropriate within this complaint referred to as “Plaintiffs”. 3. Atthe time of her death, White was 30 years old with a full life shead of her.’ She died at a home in Sherman Oaks, within the County of Los Angeles, on or about September 24, 2015. 4, Defendant James Eugene Carrey oka Arthur King (“CARREY”), at all times mentioned, was an individual residing in the County of Los Angeles, State of California, CARREY is a well-known actor who has parlayed his prior roles in various iconic films into over one hundred million dollars of wealth, 5. The true names and capacities, whether individual, plural, corporate, partnership, associate, or otherwise, of Does 1 through 100, inclusive, are unknown to Plaintiffs who therefore sue said Defendants by such fictitious names. The full extent of the facts linking such fictitiously sued Defendants is unknown to Plaintiffs. Plaintiffs are informed and believe, and thereon allege that each of the Defendants designated as a Doe was, and is, in some actionable manner, responsible for the events and happenings referred to, and negligently, or in some other actionable manner, legally and proximately caused the described injuries and damages to 2 PLAINTIFF'S COMPLAINT FOR DAMAGESPlaintiff. Plaintiffs will hereafter seek leave of the Court to amend this Complaint to show the Defendants’ true names and capacities after the same have been ascertained. 6. The individual Defendant CARREY, as well as the Doe Defendants 1-100, shall hereinafter be collectively known and wherever appropriate within this complaint referred to as “Defendants.” 7. Plaintiffs are informed, believe and allege that at all times mentioned herein, Defendants, and each of them, including CARREY and Does | through 100, inclusive, and each of them, were agents, servants, employees, successors in interest, co-conspirators, and/or joint venturers of their co-defendants, and were, as such, acting within the course, scope, and authority of said agency, employment, conspiracy, and/or venture, GENERAL ALLEGATIONS 8. On September 28, 2015, White was found deceased in her house in Sherman aks, California, At the time of her death, White was engaged in a sexual relationship with CARREY. 9. On information and belief, as part of his obsession with controlling and ‘manipulating White, CARREY hed the ability to monitor surveillance cameras on a home White often stayed at and was able, by design, to view the residence remotely to keep track of White’s comings and goings. Sometime prior to September 28, 2015, and without White's knowledge, CARREY’s assistant remotely checked the surveillance cameras and determined that White had last entered the residence at midday on September 24, 2015 but had not left for well over a day. ‘After leaning of this fact, however, neither CARREY nor his essistant alerted authorities. 10. It was later determined by the Los Angeles County Coroner that White had taken her own life by overdosing on a lethal amount of prescription drugs, including Ambien, Propranolol, and a massive dose of Percocet (Oxycodone) (collectively, the “Drugs”. These highly controlled and dangerous substances, however, had not been prescribed to White. 11, In fact, when the coroner inspected the residence of White during the investigation into her death, the coroner determined that the Drugs had been obtained by 3 PLAINTIFF'S COMPLAINT FOR DAMAGESDefendant CARREY under a bogus name ~ “Arthur King”. Indeed, the coroner determined that the Drugs that caused White's death - Ambien, Propranolol, and Percocet (Oxycodone) ~ all ‘came from three pill bottles found near her body bearing the name “Arthur King.” 12, CARREY wrongfully and illegally obtained these Drugs in clear violation of California law, 13, Among other things, California law (Health and Safety Code section 11173 subdivision (a)) provides that “No person shall obtain or attempt to obtain controlled substances, or procure or attempt to procure the administration of or prescription for controlled substances, (1) by fraud, deceit, misrepresentation, or subterfuge, or (2) by the concealment of a material fact.” Further, Health and Safety Code section 11173 subdivision (b) provides that “No person shall make a false statement in any prescription, order, report, or record, required by this division.” 14, California law Health and Safety Code section 11174) further provides that “No person shall, in connection with the prescribing, furnishing, administering, or dispensing of a controlled substance, give a false name or false address.” 15. On information and belief, CARREY obtained the Drugs White ingested to kill herself from a physician who wrongfully, illegally and routinely prescribed, furnished, administered and/or dispensed controlled substances to CARREY under the false name “Arthur King”. On information and belief, CARREY conspired with the physician to illegally obtain the Drugs in violation of California law and with full knowledge that his conduct was illegal and fraudulent. 16, Among other things, the providing and use of false information in a prescription circumvents the purpose of the Controlied Substance Utilization Review and Evaluation System (’CURES”), a California Department of Justice database of Schedule If, III and IV controlled substance prescriptions dispensed in California serving the public health, regulatory oversight agencies, and law enforcement. CURES is dedicated to the reduction of prescription drug abuse and diversion without affecting legitimate medical practice or patient care. 4 PLAINTIFF'S COMPLAINT FOR DAMAGES26 27 28 17, On information and belief, CARREY wrongfully and illegally supplied, marketed, and distributed the Drugs to White on or about September 21, 2015, just days before her death. 18, Percocet (Oxycodone) and Ambien, two controlled substances found in White’s system during her autopsy, are schedule II and schedule IV controlled substances, respectively, and are therefore subject to CURES reporting requirements. Also found in White’s system was Propranolol, a “dangerous drug” as defined in Business and Professions Code section 4022. 19. On information and belief, CARREY and his physician were engaged in a conspiracy to wrongfully and illegally provide prescription medications to CARREY under false names, including, among others, the name “Arthur King”. 20. On information and belief, after White committed suicide, and in an effort to cover-up his conduct and complicity in her death, CARREY sent a bogus text message on September 27, 2015 to White (who was already deceased) pretending as though he had misplaced the Drugs and insinuating White may have taken them from CARREY without his knowledge, when in reality CARREY knew full well that he had voluntarily and illegally provided the fraudulently obtained and prescribed Drugs to White days prior. 21, Indeed, the absurdity of CARREY’s claim that White took the drugs from CARREY without his knowledge is laid bare by the following question - If CARREY legitimately believed White had taken the drugs from him and she had subsequently gone missing for days with no contact, then why would CARREY not immediately request law enforcement to check on her well-being after she did not return his text? 22, Thereafter, CARREY further continued his charade by publically offering to pay the funeral expenses associated with White's funeral in Ireland. Indeed, CARREY and his handlers made considerable efforts to publicize his supposed generosity as it related to the death of White. They did so, on information and belief, in an effort to paint CARREY as a “grieving, ‘good guy” as opposed to the individual who had illegally obtained and provided the Drugs that killed White. 5 PLAINTIFF'S COMPLAINT FOR DAMAGES23. In reality, however, CARREY never paid a dime of funeral expenses. Instead, CARREY reneged on his promise after learning that White hed left a minimal amount of money ‘to her family. Not surprisingly, he never informed the media of his broken promise and decision to stiff the family. Instead, he allowed the perpetuation of the “grieving, good guy” image he and his handlers had crafted for the media. FIRST CAUSE OF ACTION (Violation of the Drug Dealer Liability Act as Against Defendants James Eugene Carrey and DOES 1-100 inclusive.) 24, Plaintiffs re-allege and incorporate by reference all of the allegations in paragraphs | through 23 of this complaint as though fully set forth herein. 25. The California Drug Dealer Liability Act (“DDLA"), codified as Health and Safety Code sections 11700, et seq., was enacted to provide a civil remedy for damages to persons injured as a result of the use of an illegal controlled substance. 26, Health and Safety Code section 11705, subdivision (a1), which is part of the DDLA, provides that a “parent, legal guardian, child, spouse, or sibling” of the individual controlled substance user is entitled to bring an action for damages caused by an individual’s use of an illegal controlled substance. 27. Thus, Plaintiffs bring this cause of action against all Defendants. 28. Health and Safety Code section 11705, subdivision (b)(1) states that a person entitled to bring an action under the DDLA may seek damages from a person who sold, administered, or furnished an illegal controlled substance to the individual user of the illegal controlled substance, as well es from a person who knowingly participated in the marketing of illegal controlled substances. 29. As set forth hereinabove, CARREY violated wrongfully and illegally obtained the aforementioned prescriptions for Ambien, Propranolol, and Percocet (Oxycodone) under a false name, “Arthur King,” in violation of California law. 6 PLAINTIFF'S COMPLAINT FOR DAMAGES30, On information and belief, CARREY thereafter wrongfully and illegally supplied, marketed and distributed these controlled substances to White on or about September 21, 2015, just days before her death. On or about September 24, 2015, White ingested these same drugs and shortly thereafter died as a result. 31. White’s death was tragic and easily avoidable. It has had a det devastating effect on White’s family and friends. 32, Asa result of the tortious conduct of Defendants, and each of them, including the unlawful prescribing, procurement, distribution, furnishing, supplying, administering and dispensing of illegal controlled substances, Plaintifis have suffered severe damages. 33. Pursuant to Health & Safety Code § 11705, subdivision (d) Plaintiffs is entitled to recover the following: (1) Economic Damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the use of an illegal controlled substance, (2) Non-economic damages, including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, medical anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other non-pecuniary losses proximately caused by an individual’s use of an illegal controlled substance, (3) exemplary damages, (4) reasonable attomey's fees, and (5) costs of suit, including, but not limited to, reasonable expenses for expert testimony. Accordingly, by way of this action, Plaintifis seek all such available damages in an exact amount to be determined at trial. 34. Pursuant to Health and Safety Code section 11713, Plaintifis may request an ex parte prejudgment writ of attachment order from the court against all assets of a Defendant sufficient to satisfy a potential award. As a result, shortly after service of this complaint, Plaintiffs intend to proceed with an ex parte request for a pre-judgment attachment of CARREY’s assets, including his Gulfstream V private jet, in order to provide for satisfaction of the likely significant award. jitating end 7 ‘PLAINTIFF'S COMPLAINT FOR DAMAGESecm ur aHaun ‘SECOND CAUSE OF ACTION (Wrongful Death as Against Defendants James Eugene Carrey and DOES 1-100 inclusive.) 35. Plaintiffs re-allege and incorporate by reference all of the allegations in paragraphs 1 through 34 of this complaint as though fully set forth herein. 36. Defendants’ wrongful conduct at all times mentioned herein was both extreme and outrageous and was done with the specific intent to cause, or with reckless disregard of causing, serious harm and injury to White, 37. The conduct of Defendants did in fact cause White, directly and proximately, serious mental and physical distress, which resulted in her untimely death. 38. Asa legal, direct and proximate result of the conduct of Defendants, and each of them, including Does 1 through 100, Plaintiffs have suffered damages in an amount to be proven at trial that exceeds the jurisdictional minimum of this Court. PRAYER, LIEF WHEREFORE, Plaintiffs pray for judgment agsinst Defendants as follows: 1. For general damages in an amount in excess of the jurisdictional minimum, according. to proof, 2. For economic damages in an amount in excess of the jurisdictional minimum, according to proof, Funeral and burial expenses, according to proof; For all past and future damages, according to proof; For all statutorily allowed damages, according to proof; For exemplary and punitive damages; For reasonable attomey's fees; For costs of suit, including, but not limited to, reasonable expenses for expert era sw ‘testimony; 9. For pre-judgment and post-judgment interest in accordance with law; and 8 PLAINTIFF'S COMPLAINT FOR DAMAGESeC mraueun 10 u 12 B 14 15 16 7 18 19 20 2 24 26 27 10. For such other and further relief the Court deems just and proper. DATED: September 19, 2016 EAGAN AVENATTI, LLP By: Mi SL AVEN Attomeys for Plaihtift Mark Burton JURY DEMAND Plaintiffs hereby demand a trial by jury on all issues so triable. DATED: September 19, 2016 EAGAN AVENATTI, LLP By: MI . 1A Attorneys for Plalptiff Mark Burton 9 PLAINTIFF'S COMPLAINT FOR DAMAGES