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JOHN C. MANLY, Esq. (State Bar No. 149080)


VINCE W. FINALDI (State Bar No. 238279)
ALEX CUNNY (State Bar No. 291567)
MANLY, STEWART & FINALDI
19100 Von Karman Ave., Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990
Fax: (949) 252-9991
Attorneys for Plaintiff, JANE AA DOE

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES, CENTRAL DISTRICT

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JANE AA DOE, an individual,

COMPLAINT FOR DAMAGES FOR:

Plaintiff,

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vs.

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MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

Case No.: _________________________

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DOE 1, a California corporation; DOE 2, a


California corporation; and DOES 3-50,
inclusive,

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Defendants.

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(1) INTENTIONAL INFLICTIONOF


EMOTIONAL DISTRESS;
(2) NEGLIGENCE;
(3) NEGLIGENT SUPERVISION;
(4) NEGLIGENT RETENTION/HIRING;
(5) NEGLIGENT FAILURE TO WARN,
TRAIN OR EDUCATE; and
(6) BREACH OF FIDUCIARY DUTY.

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[Filed Concurrently with Certificates of


Merit, Pursuant to C.C.P. 340.1]

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DEMAND FOR JURY TRIAL

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COMES NOW, Plaintiff JANE AA DOE (Plaintiff), who hereby complains and alleges

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against Defendants DOE 1, DOE 2, and DOES 3 through 50, inclusive (Defendants), as

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follows:

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COMPLAINT FOR DAMAGES

PARTIES

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2

1.

resident of the State of California. The name utilized by JANE AA DOE in this Complaint is not

the real name of JANE AA DOE, but is a fictitious name utilized to protect her privacy as a

victim of childhood sexual harassment, molestation and abuse. Plaintiff was born on February 21,

1974, was a minor throughout the period of childhood sexual abuse alleged herein, and lived with

her parents in Southern California. She brings this action pursuant to C.C.P. section 340.1 for the

childhood sexual abuse she suffered at the hands of MICHAEL JOSEPH JACKSON, DOE 1,

DOE 2, and DOES 3-50.

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MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

At all times mentioned herein, Plaintiff JANE AA DOE (Plaintiff) was a

2.

MICHAEL JOSEPH JACKSON (hereinafter MICHAEL JACKSON) was one

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of the most famous and successful entertainers in pop music history. Plaintiff is informed,

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believes, and thereupon alleges that, at all times relevant herein, MICHAEL JACKSON was a

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

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believes, and thereupon alleges, that MICHAEL JACKSON died in Los Angeles, California on

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June 25, 2009, at the age of fifty (50).

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3.

Plaintiff is informed and believes, and thereupon alleges, that Defendant DOE 1

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(DOE 1) is a California corporation, with a principal place of business located in the County of

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Los Angeles, State of California. Plaintiff is further informed and believes, and thereupon alleges,

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that at all times relevant herein, DOE 1 was an entertainment company established by MICHAEL

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JACKSON as his primary business entity and the entity that held most or all of the copyrights to

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MICHAEL JACKSONs music and videos. Plaintiff is further informed and believes, and

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thereon alleges, that MICHAEL JACKSON was the president/owner and a representative/agent

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of DOE 1 at all times relevant herein, and that in that capacity, DOE 1 had the ability to exercise

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control over MICHAEL JACKSONs business and personal affairs. Plaintiff is further informed

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and believes, and thereon alleges, that MICHAEL JACKSON, with DOE 1 full knowledge,

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consent, and assistance, exploited this relationship with DOE 1 to gain access to Plaintiff, and to

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set up, facilitate and arrange meetings and encounters between MICHAEL JACKSON and the

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COMPLAINT FOR DAMAGES

minor Plaintiff and other children for the purpose of MICHAEL JACKSONs engaging in

childhood sexual abuse of Plaintiff and others.

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

4.

Plaintiff is informed and believes, and thereupon alleges, that Defendant DOE 2

(DOE 2) is a California corporation, with a principal place of business located in the County of

Los Angeles, State of California. Plaintiff is further informed and believes, and thereupon alleges,

that at all times relevant herein, DOE 2 was an entertainment company established by MICHAEL

JACKSON in part for the purpose of employing Plaintiff to work with MICHAEL JACKSON on

various projects, and further, that MICHAEL JACKSON was the president/owner and a

representative/agent of DOE 2 at all times relevant herein, and that in that capacity, DOE 2 had

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the ability to exercise control over MICHAEL JACKSONs personal and business affairs.

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Plaintiff is further informed and believes, and thereon alleges, that MICHAEL JACKSON, with

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DOE 2s full knowledge, consent, and assistance, exploited this relationship to gain access to

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Plaintiff, and to set up, facilitate, and arrange meetings and encounters between MICHAEL

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JACKSON and the minor Plaintiff and other children for the purpose of MICHAEL JACKSON

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engaging in childhood sexual abuse of Plaintiff and others.

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5.

In performing the acts complained of herein, MICHAEL JACKSON acted with the

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full knowledge, consent and cooperation of DOE 1 and DOE 2, who were his co-conspirators,

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collaborators, facilitators and alter egos for the childhood sexual abuse alleged herein. DOE 1 and

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DOE 2 were held out to the public to be businesses dedicated to creating and distributing

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multimedia entertainment by MICHAEL JACKSON, however, in fact, they actually served dual

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purposes. The thinly-veiled, covert second purpose of these businesses was to operate as a child

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sexual abuse operation, specifically designed to locate, attract, lure and seduce child sexual abuse

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victims. In fact, under this dual purpose, MICHAEL JACKSON and select few managing

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agents/employees of DOE 1s and DOE 2s inner circle designed, developed and operated what is

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likely the most sophisticated public child sexual abuse procurement and facilitation organization

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the world has known. As a result thereof, Defendants DOE 1 and DOE 2 are liable for MICHAEL

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JACKSONs acts of childhood sexual abuse within the meaning of CCP 340.1(a)(2) and (3),

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and 340.1 (b)(2), in that said entities owed a duty of care to the Plaintiff, and their wrongful,
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COMPLAINT FOR DAMAGES

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

intentional and/or negligent acts, as well as knowing failure to take reasonable steps and

implement reasonable safeguards to avoid acts of unlawful sexual conduct by MICHAEL

JACKSON, were a legal cause of the childhood sexual abuse which resulted in injury to Plaintiff

as alleged herein.

6.

Plaintiff is informed and believes, and thereupon alleges, that the true names and

capacities, whether individual, corporate, associate or otherwise, of Defendants named herein as

DOEs 3 through 50, inclusive, are unknown to Plaintiff, who therefore sues said Defendants by

such fictitious names. Plaintiff will amend Complaint to allege their true names and capacities

when such have been ascertained. Upon information and belief, each of the said DOE Defendants

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is responsible in some manner under C.C.P. 340.1(a)(1), (2) and (3), and 340.1 (b)(2) for the

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occurrences herein alleged, and were a legal cause of the childhood sexual abuse which resulted

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in injury to the Plaintiff as alleged herein.

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7.

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

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mentioned herein, there existed a unity of interest and ownership among Defendants and each of

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them, such that any individuality and separateness between Defendants, and each of them, ceased

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to exist. Defendants and each of them, were the successors-in-interest and/or alter egos of the

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other Defendants, and each of them, in that they purchased, controlled, dominated and operated

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each other without any separate identity, observation of formalities, or other manner of division.

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To continue maintaining the facade of a separate and individual existence between and among

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Defendants, and each of them, would serve to perpetrate a fraud and an injustice.

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8.

At all times mentioned herein, MICHAEL JACKSON was an adult singer, dancer,

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entertainer, teacher, mentor, and coach of both DOE 1 and DOE 2, acting as an employee,

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managing agent, agent, officer, director and/or servant of such and/or was under their complete

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control and/or supervision. MICHAEL JACKSON was hired by DOE 1 and DOE 2 to serve as a

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singer, dancer, entertainer, teacher, mentor, and coach to, in part, mentor and train minors in the

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entertainment industry. In so doing, DOE 1 and DOE 2 held MICHAEL JACKSON out to the

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public, Plaintiff and Plaintiffs family to be safe and of high ethical and moral repute, and to be in

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good standing with the DOE 1 and DOE 2, the State of California, and the public in general. In
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COMPLAINT FOR DAMAGES

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

this capacity, MICHAEL JACKSON was placed into contact with, taught, mentored, coached,

and advised minors regarding the entertainment industry in general (including but not limited to

singing, dancing, performing, choreography, song writing), personal issues, academics, future

employment prospects, and general emotional and psychological issues. Both DOE 1 and DOE 2

held MICHAEL JACKSON out to the public, Plaintiff and Plaintiffs parents to be a highly

qualified and safe entertainer, teacher, mentor, coach, and advisor who could and would assist

minors in the entertainment industry, and with working through personal and academic issues

they faced. Inherent in this representation was the understanding that MICHAEL JACKSON was

a person of high ethical and moral standing, selected to provide leadership, guidance, mentoring,

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coaching, and advisement to minors, including Plaintiff. Plaintiff and her family reasonably

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relied upon these representations and assumed that MICHAEL JACKSON was a person worthy

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of their complete trust.

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

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mentioned herein, Defendants and each of them and MICHAEL JACKSON were the agents,

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representatives and/or employees of each and every other Defendant. In doing the things

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hereinafter alleged, Defendants and each of them, and MICHAEL JACKSON, were acting within

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the course and scope of said alternative personality, capacity, identity, agency, representation

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and/or employment and were within the scope of their authority, whether actual or apparent.

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Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned herein,

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Defendants and each of them and MICHAEL JACKSON were the trustees, partners, servants,

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joint venturers, shareholders, contractors, and/or employees of each and every other Defendant,

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and the acts and omissions herein alleged were done by them, acting individually, through such

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capacity and within the scope of their authority, and with the permission and consent of each and

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every other Defendant and that said conduct was thereafter ratified by each and every other

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Defendant, and that each of them is jointly and severally liable to Plaintiff.
FACTUAL ALLEGATIONS

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10.

In approximately 1986, when Plaintiff was approximately 12 years of age, her

parents took her and her brothers on a trip to San Francisco. Plaintiff, admittedly, was a
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COMPLAINT FOR DAMAGES

tomboy. On the way back to Southern California, they stopped by the Hayvenhurst home of

MICHAEL JACKSON and location where he conducted business for DOES 1-2, to sightsee.

While at the front gates, MICHAEL JACKSON arrived driving his Mercedes motor vehicle. He

drove into the gate and signaled to his security guard to allow Plaintiff and her mother access to

the property, beyond the gates. Plaintiff and her mother obliged, and walked onto the residence

grounds, being escorted by the security guard. They spoke with MICHAEL JACKSON at his car

for several minutes. MICHAEL JACKSON then drove to the residence and entered. The security

guard escorted Plaintiff and her mother to MICHAEL JACKSONs candy room in the residence.

MICHAEL JACKSON was peering at them through a window in the residence.

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

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11.

While on the property, MICHAEL JACKSON spoke with the security guard

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through his walkie talkie and asked him to obtain Plaintiffs telephone number. The security

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guard then requested and received Plaintiffs familys home phone number. MICHAEL

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JACKSON began calling Plaintiffs home within the week, to speak with Plaintiff. They began

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conversing over the telephone every day. MICHAEL JACKSON began inviting Plaintiff to spend

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time with him, groomed her for sexual abuse and began sexually abusing her.

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12.

The sexual abuse of Plaintiff by MICHAEL JACKSON began in approximately

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1986, when she was 12 years old, and continued until just before she turned 15 years old, in 1989,

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and was going through puberty.

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13.

The sexual abuse of Plaintiff by MICHAEL JACKSON included MICHAEL

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JACKSON fondling Plaintiff sexually on her genitals and body, digitally penetrating Plaintiff,

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giving Plaintiff what he termed movie kisses where he tongue kissed her mouth and body,

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orally copulated Plaintiff, forced Plaintiff to orally copulate him, rubbed his clothed and

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unclothed body against Plaintiffs, and rubbed his penis on Plaintiffs vagina and attempted to

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fully insert it into her vagina, only partially inserting it and causing Plaintiff to bleed. These acts

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by MICHAEL JACKSON, using his position of trust and authority over her, for his own sexual

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gratification, upon Plaintiff without her consent as she was a minor and unable to give valid, legal

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consent.

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COMPLAINT FOR DAMAGES

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

14.

Before, during and after the sexual abuse period Plaintiff suffered, MICHAEL

JACKSON would buy Plaintiff gifts and send her notes and letters of affection. The letters stated

such things as: I love you and miss you very much and I love you sooo much also your

making me love you even more the more I talk to you Im crazy about you all my love Michael.

True and correct copies of these two notes, which are amongst many given to Plaintiff by

MICHAEL JACKSON, DOE 1 and DOE 2, which Plaintiff still possesses, are attached here

collectively as Exhibit A. MICHAEL JACKSON would call Plaintiffs family home very

frequently, requesting to speak with Plaintiff. He would then speak with Plaintiff for hours at a

time, about varying subjects, including his affection for Plaintiff. He would tell her things that

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were to be kept secret from Plaintiffs parents and everyone else. By giving Plaintiff a

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nickname, giving her gifts, sending her notes and letters, speaking with her over the telephone for

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long hours, and telling her secrets which were to be kept from her parents and others,

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MICHAEL JACKSON was grooming Plaintiff for sexual abuse.

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15.

MICHAEL JACKSON also groomed Plaintiffs mother. He would spend extended

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periods of time on the phone with her, telling her intimate details about his life and his past, in an

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attempt to gain a closeness with Plaintiffs mother and earn her trust so that she would allow

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him to spend time alone with Plaintiff. He would tell her about how much he cared for Plaintiff as

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a friend. He also gave her gifts such as flowers, gift baskets, a television and an autographed

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photograph of another celebrity.

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16.

Defendants DOE 1 and DOE 2 orchestrated, facilitated and enabled the sexual

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abuse of Plaintiff by MICHAEL JACKSON by assisting in the grooming process (buying gifts

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for Plaintiff, picking Plaintiff up and taking her to MICHAEL JACKSON to spend time with him,

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driving Plaintiff home, sending letters and notes to Plaintiff, sending gifts to Plaintiff, setting up

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meetings between Plaintiff and MICHAEL JACKSON, isolating Plaintiff with MICHAEL

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JACKSON for extended periods of time, and booking and paying for accommodations for

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MICHAEL JACKSON and Plaintiff).

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17.

The sexual abuse of Plaintiff by MICHAEL JACKSON occurred in various

locations throughout Los Angeles, including but not limited to MICHAEL JACKSONs
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COMPLAINT FOR DAMAGES

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

Hayvenhurst home, where he lived and conducted business for and on behalf of DOES 1-2, at

Universal Studios while he was on the set for Moonwalker and working for DOES 1-2, at the

Universal Sheraton hotel while he was filming Moonwalker and working for DOES 1-2, at his

Neverland residence, where he lived and conducted business for and on behalf of DOES 1-2, on

the set of the Smooth Criminal video shoot which was being created for and on behalf of DOES

1-2, in the back of his limousine that he used to travel and conduct business for DOES 1-2, at the

Lorimar Studios in Studio City where he was conducting business for DOES 1-2, at his personal

residence apartment/condo he nicknamed the Hideout where he lived and conducted business

for DOES 1-2, all during times that he was working for and on behalf of DOE 1 and DOE 2.

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During these times, MICHAEL JACKSON, DOE 1 and DOE 2 took physical custody and control

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of the minor Plaintiff, entering into a special, trusting, confidential and in loco parentis

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relationship with her, owing her a duty of care to protect her from reasonably foreseeable harm.
PENAL CODE AND CIVIL CODE VIOLATIONS

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18.

As used in C.C.P. 340.1, childhood sexual abuse includes any act committed

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against the plaintiff that occurred when the plaintiff was under the age of 18 years and that would

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have been proscribed by Section 266j of the California Penal Code (Penal Code); Section 285

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of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 286 of

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the Penal Code; subdivision (a) or (b) of Section 288 of the Penal Code; paragraph (1) or (2) of

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subdivision (b), or of subdivision (c), of Section 288a of the Penal Code; subdivision (h), (i), or

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(j) of Section 289 of the Penal Code; Section 647.6 of the Penal Code.

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Penal Code 266j

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19.

As set forth more fully above, on multiple occasions MICHAEL JACKSON and

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DOES 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

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was under the age of eighteen (18), and which would have been proscribed by Section 266j of the

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Penal Code or any prior laws of California of similar effect at the time the acts were committed,

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by intentionally giving, transporting, providing, or making available, or offering to give,

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transport, provide, or make available to another person, Plaintiff ,who was a child under the age

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of sixteen (16), for the purpose of any lewd or lascivious act as defined in Penal Code 288, or
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COMPLAINT FOR DAMAGES

by causing, inducing, or persuading Plaintiff, a child under the age of sixteen (16), to engage in

such an act with another person.

Penal Code 286(b)(1)

20.

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

eighteen (18), and which would have been proscribed by Section 286(b)(1) of the Penal Code or

any prior laws of California of similar effect at the time the act was committed, by participating in

an act of sodomy (sexual conduct consisting of contact between the penis of one person and the

anus of another person) with Plaintiff, who was under eighteen (18) years of age. Any sexual

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penetration, however slight, is sufficient to complete the crime of sodomy.

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Penal Code 286(b)(2)

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MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

As set forth more fully above, MICHAEL JACKSON and DOES 1-2, inclusive,

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As set forth more fully above, MICHAEL JACKSON and DOES 1-2, inclusive,

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

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eighteen (18), and which would have been proscribed by Section 286(b)(2) of the Penal Code or

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any prior laws of California of similar effect at the time the act was committed, by participating in

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an act of sodomy (sexual conduct consisting of contact between the penis of one person and the

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anus of another person) with Plaintiff who was under sixteen (16) years of age when MICHAEL

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JACKSON was over the age of twenty-one (21) years. Any sexual penetration, however slight, is

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sufficient to complete the crime of sodomy.

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Penal Code 286(c)(2)(A)

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22.

As set forth more fully above, MICHAEL JACKSON and DOES 1-2, inclusive,

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

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eighteen (18), and which would have been proscribed by Section 286(c)(2)(A) of the Penal Code

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or any prior laws of California of similar effect at the time the act was committed, by committing

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an act of sodomy (sexual conduct consisting of contact between the penis of one person and the

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anus of another person) when the act was accomplished against Plaintiffs will by means of

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duress. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy.

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COMPLAINT FOR DAMAGES

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23.

As set forth more fully above, MICHAEL JACKSON and DOES 1-2, inclusive,

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

eighteen (18), and which would have been proscribed by Section 286(c)(2)(C) of the Penal Code

or any prior laws of California of similar effect at the time the act was committed, by committing

an act of sodomy (sexual conduct consisting of contact between the penis of one person and the

anus of another person) with Plaintiff who was a minor fourteen (14) years of age or older when

the act was accomplished against Plaintiffs will by means of duress. Any sexual penetration,

however slight, is sufficient to complete the crime of sodomy.

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MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

Penal Code 286(c)(2)(C)

Penal Code 288(a)


24.

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

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DOES 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

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

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the Penal Code or any prior laws of California of similar effect at the time the acts were

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committed, by willfully and lewdly committing any lewd or lascivious act, including any of the

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acts constituting other crimes provided for in Part 1 of the Penal Code, upon or with the body, or

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any part or member thereof, of Plaintiff who was under the age of fourteen (14) years, with the

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intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of MICHAEL

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JACKSON or Plaintiff.

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Penal Code 288(b)(1)

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25.

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

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DOES 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

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was under the age of eighteen (18), and which would have been proscribed by Section 288(b)(1)

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of the Penal Code or any prior laws of California of similar effect at the time the acts were

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committed, by willfully and lewdly committing any lewd or lascivious act, including any of the

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acts constituting other crimes provided for in Part 1 of the Penal Code, upon or with the body, or

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any part or member thereof, of Plaintiff who was under the age of fourteen (14) years, with the

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COMPLAINT FOR DAMAGES

intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of MICHAEL

JACKSON or Plaintiff, by use of duress.

Penal Code 288a(b)(1)

26.

DOES 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

was under the age of eighteen (18), and which would have been proscribed by Section 288a(b)(1)

of the Penal Code or any prior laws of California of similar effect at the time the acts were

committed, by participating in an act of oral copulation (the act of copulating the mouth of one

person with the sexual organ or anus of another person) with Plaintiff who was under eighteen

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(18) years of age.

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Penal Code 288a(b)(2)

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MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

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

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

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DOES 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

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was under the age of eighteen (18), and which would have been proscribed by Section 288a(b)(2)

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of the Penal Code or any prior laws of California of similar effect at the time the acts were

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committed, by participating in an act of oral copulation (the act of copulating the mouth of one

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person with the sexual organ or anus of another person) with Plaintiff who was under sixteen (16)

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years of age and MICHAEL JACKSON was over the age of twenty-one (21).

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Penal Code 288a(c)(1)

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28.

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

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DOES 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

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was under the age of eighteen (18), and which would have been proscribed by Section 288a(c)(1)

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of the Penal Code or any prior laws of California of similar effect at the time the acts were

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committed, by participating in an act of oral copulation (the act of copulating the mouth of one

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person with the sexual organ or anus of another person) with Plaintiff who was under fourteen

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(14) years of age and more than 10 years younger than MICHAEL JACKSON.

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COMPLAINT FOR DAMAGES

Penal Code 288a(c)(2)(A)

29.

DOES 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

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

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

acts were committed, by committing an act of oral copulation (the act of copulating the mouth of

one person with the sexual organ or anus of another person) when the act was accomplished

against Plaintiffs will by means of duress.

Penal Code 288a(c)(2)(B)

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MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

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

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

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DOES 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

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

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

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acts were committed, by committing an act of oral copulation (the act of copulating the mouth of

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one person with the sexual organ or anus of another person) upon Plaintiff who was under

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fourteen (14) years of age, when the act was accomplished against Plaintiffs will by means of

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duress.

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Penal Code 288a(c)(2)(C)

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31.

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

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DOES 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

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

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

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acts were committed, by committing an act of oral copulation (the act of copulating the mouth of

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one person with the sexual organ or anus of another person) upon Plaintiff who was fourteen (14)

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years of age or older, when the act was accomplished against Plaintiffs will by means of duress.

26

Penal Code 288a(c)(3)

27
28

32.

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

DOES 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff
11
COMPLAINT FOR DAMAGES

was under the age of eighteen (18), and which would have been proscribed by Section 288a(c)(3)

of the Penal Code or any prior laws of California of similar effect at the time the acts were

committed, by committing an act of oral copulation (the act of copulating the mouth of one

person with the sexual organ or anus of another person) where the act was accomplished against

Plaintiffs will by threatening to retaliate in the future against Plaintiff or any other person, and

there was a reasonable possibility that MICHAEL JACKSON would execute the threat.

Penal Code 289(h)

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

33.

On multiple occasions, MICHAEL JACKSON and DOES 1-2, inclusive,

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 defendants or

14

another persons 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,

16

instrument, or device) with Plaintiff who was under eighteen (18) years of age.

17

Penal Code 289(i)

18

34.

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

19

DOES 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 defendants or another persons 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

Penal Code 289(j)

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

35.

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

DOES 1-2, inclusive, intentionally committed acts against Plaintiff that occurred when Plaintiff

was under the age of eighteen (18), and which would have been proscribed by Section 289(j) of

the Penal Code or any prior laws of California of similar effect at the time the acts were

committed by participating in an act of sexual penetration (the act of causing the penetration,

however slight, of the genital or anal opening of another person or causing another person to so

penetrate the defendants or another persons genital or anal opening for the purpose of sexual

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, MICHAEL JACKSON and

14

DOES 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)

16

of the Penal Code or any prior laws of California of similar effect at the time the acts were

17

committed, by annoying or molesting Plaintiff when she was a child under eighteen (18) years of

18

age.

19

Civil Code 1708.5

20

37.

On multiple occasions, as set forth more fully above, MICHAEL JACKSON acted

21

with the intent to cause a harmful and offensive contact with Plaintiffs 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 MICHAEL

24

JACKSONs 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

cause such sexually harmful or offensive contact. On each occasion, Plaintiff did not consent to

MICHAEL JACKSONs conduct. The physical contact alleged above, offends ones reasonable

sense of personal dignity.

39.

MICHAEL JACKSON did sexually harass, molest and abuse Plaintiff, who was a

minor at the time. Such conduct was done for MICHAEL JACKSONs sexual gratification,

while working as an agent, employee, officer and director of, and on behalf of, DOES 1-2, and

under their active control and supervision, and was performed on Plaintiff without his free

consent, as Plaintiff was a mere minor and thus unable to give valid, legal consent to such sexual

acts.

10

40.

On June 25, 2009, MICHAEL JACKSON died.


DAMAGES

11
MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

12

41.

As a direct and proximate result of her sexual abuse by MICHAEL JACKSON and

13

DOES 1-2, Plaintiff has suffered, and will continue to suffer, psychological, mental and

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.

16

She has and will continue to incur expenses for mental and medical care due to the abuse,

17

according to proof at trial.

18

42.

As a direct and proximate result of her sexual abuse by MICHAEL JACKSON and

19

DOES 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

minimum jurisdictional 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

Duty to protect minor children in their care, and provide adequate


supervision;

Duty to ensure that any direction given to employees is lawful, and that
adults act fairly, responsibly and respectfully towards other adults and
minor children;

Duty to properly train teachers, mentors, coaches, and advisors so that they
are aware of their individual responsibility for creating and maintaining a
safe environment;

Duty to supervise employees and minor children in its care, enforce rules
and regulations prescribed for childcare organizations, exercise reasonable
control over minor children in its care as is reasonably necessary to
maintain order, protect property, or protect the health and safety of
employees and minor children or to maintain proper and appropriate
conditions conducive to learning and child development;

Duty to exercise careful supervision of the moral conditions in the youth


programs set forth by Defendants DOE 1 and DOE 2;

Duty to properly monitor minor children, prevent or correct harmful


situations or call for help when a situation is beyond their control;

Duty to ensure that personnel are actually on hand and supervising


students;

Duty to provide enough supervision to minor children, including the


Plaintiff;

16

Duty to supervise diligently;

17

Duty to act promptly and diligently and not ignore or minimize problems;

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
her personal relations (Civil Code 43);

Duty to abstain from injuring the person or property of Plaintiff, or


infringing upon any of her rights (Civil Code 1708); and

Duty to report suspected incidents of child abuse and more specifically


childhood sexual abuse (Penal Code 11166, 11167).

2
3
4
5
6
7
8
9
10
11
MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

12
13
14
15

19
20
21
22
23
24
25
26
27

44.

The conduct alleged above included intentional, outrageous, malicious, despicable

and oppressive acts beyond the bounds of decent behavior, which were undertaken, wantonly,
oppressively and with a conscious disregard for Plaintiffs rights as a child. Plaintiff is therefore
entitled to an award of punitive damages in an amount sufficient to punish, deter and make an
example of those Defendants engaging in such behavior according to proof at trial. In subjecting

28
15
COMPLAINT FOR DAMAGES

Plaintiff to the wrongful treatment herein described, Defendants DOES 1-2 and MICHAEL

JACKSON acted willfully and maliciously with the intent to harm Plaintiff, and in conscious

disregard of Plaintiff's rights, so as to constitute malice and/or oppression under California Civil

Code section 3294. Plaintiff is informed, and on that basis alleges, that these willful, malicious,

and/or oppressive acts, as alleged herein above, were ratified by the officers, directors, and/or

managing agents of the Defendants DOES 1-2 and DOES 3 through 50, including MICHAEL

JACKSON. Plaintiff is therefore entitled to the recovery of punitive damages, in an amount to be

determined by the court, against Defendants DOES 1-2, and DOES 3 through 50, in a sum to be

shown according to proof.


ESTOPPEL

10

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

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

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

16

to tell anyone. These threats, which Plaintiff wholeheartedly believed due to MICHAEL

17

JACKSONs immense fame, fortune and notoriety, as well as the company he kept, including his

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.


NEXUS

23
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 JACKSON 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 JACKSON and DOES 1-2. As a layperson with no specialized
16
COMPLAINT FOR DAMAGES

training in psychology or the medical field, Plaintiff was blameless for not making this nexus at

an earlier date than she did, and had no way of making such nexus at an earlier time.
INSURANCE CODE 11583

3
4

47.

JACKSON, DOE 1 and DOE 2 paid Plaintiff the sum of $2,500.00, to compensate her for the

sexual abuse she had suffered at the hands of MICHAEL JACKSON. It was purposely falsely

labeled as a gift so as to conceal the true nature and source of the payment. Attached hereto as

Exhibit B is a true and correct copy of that check stub.

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

On March 19, 1990, when Plaintiff was a 16-year-old minor, MICHAEL

48.

On December 18, 1991, when Plaintiff was a 17-year-old minor, MICHAEL

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 Plaintiff was a 17-year-old minor, MICHAEL

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

16

the name of Plaintiffs friend at the time, who neither MICHAEL JACKSON, nor DOE 1, nor

17

DOE 2, had ever met or known or worked for/with, so as to conceal the true nature and source of

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

MICHAEL JACKSON. 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

MICHAEL JACKSON. Attached hereto as Exhibit F is a true copy of that check.

27
28

52.

On various dates between the inception of Plaintiffs sexual abuse, in 1986, when

she was a minor, and December of 1993, MICHAEL JACKSON and DOES 1-2 gave Plaintiff
17
COMPLAINT FOR DAMAGES

multiple cash payments intended to compensate her for the sexual abuse she had suffered at the

hands of MICHAEL JACKSON. Included was an October 11, 1993, payment of $10,000.00 Per

Written Authorization for Entertainment. Attached hereto as Exhibit G is a true and

correct copy of that cash withdrawal. In total, MICHAEL JACKSON and DOES 1-2 provided

Plaintiff in excess of $900,000.00 to compensate her for the child sexual abuse she suffered at the

hands of MICHAEL JACKSON.

At no time whatsoever during or at the beginning of the above-noted payments to

Plaintiff for the child sexual abuse suffered did MICHAEL JACKSON or DOES 1-2 inform

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 written notification from MICHAEL JACKSON or DOES 1-2.

12
MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

53.

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

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

16

liability by the person claimed against, or of that persons or the insurers recognition of such

17

liability. The Insurance Code further states, however, that any person, including any insurer,

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, Plaintiffs 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 Plaintiffs 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

tolled since such time, Plaintiffs claims herein have not lapsed due to any applicable statute of

limitations.
OTHER SEXUAL ABUSE ALLEGATIONS

3
4

56.

abused, Jordan Chandler, brought a civil lawsuit against MICHAEL JACKSON, which resulted

in an investigation by the Los Angeles Police Department.


LIABILITY OF DEFENDANTS

7
8
9

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

On September 14, 1993, one of the many boys MICHAEL JACKSON sexually

57.

As a minor guest of MICHAEL JACKSON and DOE 1 and DOE 2, where

MICHAEL JACKSON was employed and worked, Plaintiff was under MICHAEL JACKSONs,

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

13

stood in loco parentis with respect to Plaintiff while she was attending events and functions at

14

locations run and controlled by Defendants DOE 1 and DOE 2. As the responsible parties and/or

15

employers controlling MICHAEL JACKSON, Defendants were also in a special relationship with

16

Plaintiff, and owed special duties to Plaintiff.

17

58.

Plaintiff is informed and believes, and on that basis alleges, that Defendants knew

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

JACKSONs sexual abuse of children, maintaining MICHAEL JACKSONs image as an ethical

28

and wholesome entertainer, and securing their insured employment with DOE 1 and DOE 2. The
19
COMPLAINT FOR DAMAGES

duty to disclose this information arose by the special, trusting, confidential, fiduciary, and/or in

loco parentis relationship between Defendants and Plaintiff.

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

59.

Instead, Defendants ignored and/or concealed the sexual abuse of Plaintiff and

others by MICHAEL JACKSON that had already occurred, and continued to allow hundreds of

children, including the Plaintiff, to visit Defendants property, Neverland, and other properties,

and continue to be in contact with MICHAEL JACKSON, despite this knowledge of MICHAEL

JACKSONs prior, sexually abusive acts towards minors. Plaintiff is informed and believes, and

on that basis alleges, that Defendants and each of them were given notice of incidents of

inappropriate conduct by MICHAEL JACKSON, 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 MICHAEL JACKSON had violated his role as a dancer, entertainer, teacher, mentor, coach,

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,

16

in which he caused Plaintiff to touch him, to allow him to touch Plaintiff in a sexual manner, and

17

engaged in sexual conduct and abuse, including harassment and molestation, with such children

18

including Plaintiff.

19

61.

With actual or constructive knowledge that Defendant MICHAEL JACKSON had

20

previously engaged in dangerous and inappropriate conduct, including sexually abusing other

21

minors 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 MICHAEL JACKSON, including, but

24

not limited to, preventing or avoiding placement of MICHAEL JACKSON 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 Plaintiffs 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

information necessary to bring MICHAEL JACKSON to justice for the sexual misconduct he

committed with minors, as well as to protect their fiduciaries, including Plaintiff.

3
4

63.

Defendants also implemented various measures designed to, or which effectively,

made MICHAEL JACKSON's conduct harder to detect including, but not limited to:

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
children;

b.

Placing MICHAEL JACKSON in a separate and secluded environment,


including placing him in charge of young boys, mentoring programs,
advising programs, coaching programs, and youth programs where they
purported to supervise the children, which allowed MICHAEL JACKSON
to sexually and physically interact with and abuse the children, including
Plaintiff;

c.

Allowing MICHAEL JACKSON to come into contact with minors,


including Plaintiff, without adequate supervision;

d.

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


enforcement officials the fact that Plaintiff and others were or may have
been sexually abused after Defendants knew or had reason to know that
MICHAEL JACKSON may have sexually abused Plaintiff or others,
thereby enabling Plaintiff to continue to be endangered and sexually
abused, and/or creating the circumstance where Plaintiff and others were
less likely to receive medical/mental health care and treatment, thus
exacerbating the harm to Plaintiff;

e.

Holding out MICHAEL JACKSON to Plaintiff and his parents, other


children and their parents, and to the community as being in good standing
and trustworthy;

f.

Failing to take reasonable steps, and to implement reasonable safeguards to


avoid acts of unlawful sexual conduct by MICHAEL JACKSON with
students, who were minor children; and

g.

Failing to put in place a system or procedure to supervise or monitor


employees, volunteers, representatives or agents to insure that they did not
molest or abuse minors in Defendants' care, including Plaintiff.

6
7
8
9
10
11
MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

12
13
14
15
16
17
18
19
20
21
22
23

64.

By his position within the Defendants' institutions, Defendants and MICHAEL

24

JACKSON demanded and required that Plaintiff respect MICHAEL JACKSON 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 MICHAEL JACKSONs wrongful

28

conduct at or about the time it was occurring, and thereafter, but took no action to obstruct, inhibit
21
COMPLAINT FOR DAMAGES

or stop such continuing conduct, or to help Plaintiff endure the trauma from such conduct.

Despite the authority and ability to do so, these Defendants negligently and/or willfully refused

to, and/or did not act effectively to stop the sexual assaults on Plaintiff, to inhibit or obstruct such

abuse, or to protect Plaintiff from the results of that trauma.

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

66.

During the period of abuse of Plaintiff at the hands of MICHAEL JACKSON,

Defendants DOE 1 and DOE 2 had the authority and the ability to obstruct or stop MICHAEL

JACKSON's sexual assaults on Plaintiff, but negligently and/or willfully failed to do so, thereby

allowing the abuse to occur and to continue unabated. This failure was a part of Defendants' plan

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

14

each of them, and to protect the monetary support of Defendants while fostering an environment

15

where such abuse could continue to occur.

16

17

MICHAEL JACKSONs violations of the Penal Code and Civil Code alleged herein-above were

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 MICHAEL JACKSON, and despite such knowledge

20

and/or notice, placed Plaintiff in MICHAEL JACKSONs custody and/or made Plaintiff available

21

to MICHAEL JACKSON and then failed to take reasonable steps or implement reasonable

22

safeguards to protect Plaintiff from MICHAEL JACKSONs 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 MICHAEL JACKSON. Accordingly, Defendants are liable for MICHAEL

26

JACKSONs 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

///

67.

Plaintiff is informed and believes, and on that basis alleges, that at the time

22
COMPLAINT FOR DAMAGES

DUTY OF DEFENDANTS

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

68.

Defendants owed the Plaintiff a special duty of care. The Plaintiff, as a minor at all

relevant times alleged herein, was placed in the physical custody, control, and dominion of

Defendants and their agents, employees, and/or servants, and was placed in such custody, control,

and dominion in locations including, but not limited to: Neverland, the Hideout, and the

Havenhurst residence. The Plaintiff, as a minor in the custody, control, and under the dominion of

Defendants, stood in loco parentis with Defendants. As entities responsible for the custody,

supervision, care, and dominion of minor children in their care, Defendants owed the Plaintiff a

special duty of care, as they were entrusted with the Plaintiffs safety, security and care. See

10

Pamela L. v. Farmer (1980) 112 Cal.App.3d 206, 21112 (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
(As To All Defendants)

14
15
16
17
18
19

69.

Plaintiff repeats, re-alleges and incorporates herein by reference paragraphs 1

through 68, inclusive, as though fully set forth herein.


70.

Defendants' conduct towards the Plaintiff, as described herein, was outrageous and

extreme.
71.

A reasonable person would not expect or tolerate Defendants putting MICHAEL

20

JACKSON in positions of authority at DOE 1, DOE 2, and DOES 3-50, which enabled

21

MICHAEL JACKSON to have access to minor children, including Plaintiff, so that he could

22

commit wrongful sexual acts with him, 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 MICHAEL JACKSON, from

27

committing wrongful sexual acts with minor children in their charge, including Plaintiff, or to be

28

incapable of properly supervising MICHAEL JACKSON to prevent such abuse from occurring.
23
COMPLAINT FOR DAMAGES

Defendants' conduct described herein was intentional and malicious and done for

the purpose of causing, or with the substantial certainty that it would cause Plaintiff to suffer

humiliation, mental anguish and emotional and physical distress.

74.

As a result of the above-described conduct, Plaintiff suffered and continues to

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

emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of

enjoyment of life; have suffered and continue to suffer and were prevented and will continue to

be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain

loss of earnings and earning capacity, and have incurred and will continue to incur expenses for

10
11
MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

73.

medical and psychological treatment, therapy, and counseling.


75.

In subjecting the Plaintiff to the wrongful treatment herein described, Defendants

12

DOE 1, DOE 2 and DOES 3-50, acted willfully and maliciously with the intent to harm Plaintiff,

13

and in conscious disregard of Plaintiffs rights, so as to constitute malice and oppression under

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

16

DOES 3 through 50, inclusive, in a sum to be shown according to proof.

17

SECOND CAUSE OF ACTION


NEGLIGENCE
(As to All Defendants)

18
19
20
21

76.

Plaintiff repeats, re-alleges and incorporates herein by reference paragraphs 1

through 75, inclusive, as though fully set forth herein.


77.

As more fully set forth above, the conduct and actions of Defendants served to

22

create an environment in which MICHAEL JACKSON was afforded continuous access to

23

Plaintiff when she was a minor 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 family, and

26

ensuring that Plaintiff remained almost exclusively in MICHAEL JACKSONs custody;

27

arranging for Plaintiff and MICHAEL JACKSON to be taken on shopping expeditions; and

28

arranging for Plaintiff to be transported with MICHAEL JACKSON on a regular basis.


24
COMPLAINT FOR DAMAGES

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

78.

As more fully set forth above, Defendants DOE 1, DOE 2 and Does 3 through 50,

inclusive, were aware and/or on notice of MICHAEL JACKSONs proclivities for engaging in

sexual acts with minors prior to the first occasion on which Plaintiff was placed in MICHAEL

JACKSONs custody through the acts of Defendants. Accordingly, at the time MICHAEL

JACKSON and Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, performed the

acts alleged herein, it was or should have been reasonably foreseeable to Defendants that by

continuously exposing and making Plaintiff available to MICHAEL JACKSON, Defendants were

placing Plaintiff in grave risk of being sexually abused by MICHAEL JACKSON. By knowingly

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 MICHAEL JACKSON. Furthermore, as alleged herein, Defendants DOE

12

1, DOE 2 and DOES 3 through 50, inclusive, at all times exercised a sufficient degree of control

13

over MICHAEL JACKSONs personal and business affairs to prevent the acts of abuse by

14

keeping MICHAEL JACKSON away from Plaintiff. However, Defendants DOE 1, DOE 2 and

15

DOES 3 through 50, inclusive, failed to take any reasonable steps or implement any reasonable

16

safeguards for Plaintiffs protection whatsoever, and continued to make Plaintiff accessible to

17

MICHAEL JACKSON for the purposes of sexual abuse.

18
19

NEGLIGENCE PER SEPENAL CODE MANDATORY CHILD ABUSE REPORTING


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, MICHAEL JACKSON, had

28

sexually molested, abused or caused touching, battery, harm, and other injuries to minors,
25
COMPLAINT FOR DAMAGES

including Plaintiff, giving rise to a duty to report such conduct under California Penal Code

11166.

Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, knew, or had

reason to know of in the exercise of reasonable diligence, that an undue risk to minors, including

the Plaintiff, existed because Defendants DOE 1 and DOE 2 did not comply with California's

mandatory reporting requirements.

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

81.

82.

By failing to report the continuing molestations and abuse, which Defendants DOE

1, DOE 2 and DOES 3 through 50, inclusive, knew of or had reason to known of, and by ignoring

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.

14
15
16

83.

The Plaintiff was a member of the class of persons for whose protection California

Penal Code 11166 was specifically adopted to protect.


84.

Had Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, adequately

17

reported the molestation of Plaintiff and other minors as required by California Penal Code

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 50s,

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 MICHAEL JACKSON.

25

86.

The physical, mental, and emotional damages and injuries resulting from the

26

sexual molestation of Plaintiff by MICHAEL JACKSON, were the type of occurrence and

27

injuries that the CANRA was designed to prevent.

28
26
COMPLAINT FOR DAMAGES

87.

As a result, Defendants DOE 1, DOE 2 and DOES 3 through 50s, inclusive,

failure to comply with the mandatory reporting requirements of California Penal Code 11166

also constituted a per se breach of Defendants DOE 1, DOE 2 and DOES 3 through 50's,

inclusive duties to Plaintiff.

88.

As a direct and proximate result of the failure of Defendants DOE 1, DOE 2 and

DOES 3 through 50, inclusive, to protect Plaintiff from the acts of childhood sexual abuse to

which she was subjected by MICHAEL JACKSON, Plaintiff has suffered and will continue to

suffer (a) severe mental and emotional distress including, but not limited to, severe anxiety,

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.

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

12

THIRD CAUSE OF ACTION


NEGLIGENT SUPERVISION
(As to All Defendants)

13
14
15
16

89.

Plaintiff repeats, re-alleges and incorporates herein by reference paragraphs 1

through 88, inclusive, as though fully set forth herein.


90.

By virtue of Plaintiff's special relationship with Defendants DOE 1, DOE 2 and

17

DOES 3 through 50, inclusive,, and Defendants DOE 1, DOE 2 and DOES 3 through 50s,

18

inclusive, relation to MICHAEL JACKSON, Defendants DOE 1, DOE 2 and DOES 3 through

19

50, inclusive, owed Plaintiff a duty to provide reasonable supervision of MICHAEL JACKSON,

20

to use reasonable care in investigating MICHAEL JACKSON's background, and to provide

21

adequate warning to the Plaintiff, and other children, of MICHAEL JACKSONs 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 DOES 3 through 50, inclusive, by and through their respective agents, servants and

25

employees, knew or had reason to know of MICHAEL JACKSONs dangerous and exploitive

26

propensities and/or that MICHAEL JACKSON was an unfit agent. Despite such knowledge,

27

Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, negligently failed to supervise

28

MICHAEL JACKSON in his position of trust and authority as an authority figure and supervisor
27
COMPLAINT FOR DAMAGES

of children, where he was able to commit wrongful acts against the Plaintiff. Defendants DOE 1,

DOE 2 and DOES 3 through 50, inclusive, failed to provide reasonable supervision of MICHAEL

JACKSON, failed to use reasonable care in investigating MICHAEL JACKSON, and failed to

provide adequate warning to Plaintiff of MICHAEL JACKSONs dangerous propensities and

unfitness. Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, further failed to take

reasonable measures to prevent sexual abuse harassment, and molestation of children, including

Plaintiff.

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

92.

Plaintiff is informed and believes, and on that basis alleges, that Defendants DOE

1, DOE 2 and DOES 3 through 50, inclusive, were put on notice, and knew or had reason to

10

know, that MICHAEL JACKSON 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,

14

confidence, and trust, bestowed upon him through Defendants DOE 1, DOE 2 and DOES 3

15

through 50, inclusive, and each of them.

16

93.

Plaintiff is informed and believes, and on that basis alleges, that Defendants DOE

17

1, DOE 2 and DOES 3 through 50, inclusive, were placed on actual and/or constructive notice

18

that, MICHAEL JACKSON 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 DOES

20

3 through 50, inclusive, were informed of sexual abuse, harassment and molestations committed

21

by MICHAEL JACKSON 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 DOES 3 through 50, inclusive, knew

24

or had reason to know of these activities by MICHAEL JACKSON, Defendants DOE 1, DOE 2

25

and DOES 3 through 50, inclusive, did nothing to investigate, supervise or monitor MICHAEL

26

JACKSON to ensure the safety of the guests.

27
28

95.

As an institution entrusted with the care of minors, where staff, employees, agents,

and management, such as the MICHAEL JACKSON were placed in contact with minors,
28
COMPLAINT FOR DAMAGES

Defendants DOE 1, DOE 2 and DOES 3 through 50's expressly and implicitly represented that

these individuals, including MICHAEL JACKSON, were not a sexual threat to children and

others who would fall under MICHAEL JACKSON's influence, control, direction, and guidance.

96.

to supervise MICHAEL JACKSON in his positions of trust and authority as an employee, agent,

counselor and mentor, and/or other authority figure, where MICHAEL JACKSON was able to

commit wrongful acts against the Plaintiff. Defendants DOE 1, DOE 2 and DOES 3 through 50,

inclusive, failed to provide reasonable supervision of MICHAEL JACKSON. Defendants DOE 1,

DOE 2 and DOES 3 through 50 further failed to take reasonable measures to prevent sexual

10

harassment, molestation and abuse of minors, including the Plaintiff.

11
MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, negligently failed

97.

At no time during the periods of time alleged did Defendants DOE 1, DOE 2 and

12

DOES 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 MICHAEL

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

16

minors, students and others in Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive,

17

care.

18

98.

Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, were or should

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 DOES 3 through 50, inclusive.

22
23
24

99.

Defendants DOE 1, DOE 2 and DOES 3 through 50s, inclusive, conduct was a

breach of their duties to the Plaintiff.


100.

Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, breached their duty

25

to the Plaintiff by, inter alia, failing to adequately monitor and supervise MICHAEL JACKSON

26

and stopping MICHAEL JACKSON 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 DOES 3 through 50, inclusive, including had suspected the abuse was
29
COMPLAINT FOR DAMAGES

occurring at the time, and failed to investigate into the matter further. Based on these facts,

Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, knew or had reason to know of

MICHAEL JACKSON's incapacity to supervise and stop employees of Defendants DOE 1, DOE

2 and DOES 3 through 50, inclusive from committing wrongful sexual acts with minors.

101.

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

emotional distress, embarrassment, loss of self-esteem, disgrace, humiliations, and loss of

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

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
MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

As a result of the above-described conduct, Plaintiff has suffered and continues to

FOURTH CAUSE OF ACTION


NEGLIGENT RETENTION/HIRING
(As to All Defendants)

13
14
15
16

102.

Plaintiff repeats, re-alleges and incorporates herein by reference paragraphs 1

through 101, inclusive, as though fully set forth herein.


103.

By virtue of Plaintiff's special relationship with Defendants DOE 1, DOE 2 and

17

DOES 3 through 50, inclusive and each of them, and Defendants DOE 1, DOE 2 and DOES 3

18

through 50s, inclusive, relation to MICHAEL JACKSON, Defendants DOE 1, DOE 2 and

19

DOES 3 through 50, inclusive, owed Plaintiff a duty to not hire and/or retain MICHAEL

20

JACKSON, given his dangerous and exploitive propensities, which Defendants DOE 1, DOE 2

21

and DOES 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 minors, where staff, employees, agents,

24

and management, such as the MICHAEL JACKSON were placed in contact with minors,

25

Defendants DOE 1, DOE 2 and DOES 3 through 50's, inclusive, expressly and implicitly

26

represented that these individuals, including MICHAEL JACKSON, were not a sexual threat to

27

children and others who would fall under MICHAEL JACKSON 's influence, control, direction,

28

and guidance.
30
COMPLAINT FOR DAMAGES

Plaintiff is informed and believes, and on that basis alleges, that at no time during

the periods of time alleged did Defendants DOE 1, DOE 2 and DOES 3 through 50's, inclusive,

have in place a system or procedure to reasonably investigate, supervise and/or monitor those

individuals in direct contact with children, including MICHAEL JACKSON, to prevent pre-

sexual grooming and/or sexual harassment, molestation and abuse of patrons, nor did they

implement a system or procedure to oversee or monitor conduct toward patrons and others in

Defendants DOE 1, DOE 2 and DOES 3 through 50's, inclusive, care.

8
9

106.

Defendants DOE 1, DOE 2 and DOES 3 through 50's, inclusive, and each of them

were or should have been aware and understood how vulnerable minor children were to sexual

10

abuse, harassment and molestation by persons of authority, including the MICHAEL JACKSON,

11

within the control of Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive.

12
MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

105.

107.

Plaintiff is informed and believes and on that basis alleges other children and/or

13

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

14

MICHAEL JACKSONs sexual improprieties prior to the sexual abuse of the Plaintiff. Either

15

Defendants DOE 1, DOE 2 and DOES 3 through 50's, inclusive, knew, or at the very least should

16

have had reason to know of MICHAEL JACKSONs prior criminal history of sexual misconduct

17

with guests prior to Plaintiffs abuse.

18

108.

Plaintiff is informed, and believes, and on that basis alleges, that the Defendants

19

DOE 1, DOE 2 and DOES 3 through 50, inclusive, were put on notice, and should have known

20

that MICHAEL JACKSON 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 DOES 3 through 50, inclusive.

25

109.

Plaintiff is informed and believes, and on that basis alleges that Defendants DOE

26

1, DOE 2 and DOES 3 through 50's, inclusive, were placed on actual and/or constructive notice

27

that MICHAEL JACKSON had abused, harassed, molested and/or was molesting minor children,

28

both before his sexual abuse, molestation and harassment of the Plaintiff, and during that same
31
COMPLAINT FOR DAMAGES

period. Plaintiff is informed, and thereon alleges, that other third parties, patrons, and/or law

enforcement officials informed Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, of

inappropriate conduct and molestations committed by MICHAEL JACKSON.

110.

or had reason to know of these activities by MICHAEL JACKSON, Plaintiff is informed that

Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, failed to use reasonable care in

investigating MICHAEL JACKSON and did nothing to investigate, supervise or monitor

MICHAEL JACKSON to ensure the safety of the other minor children in his charge, including

the Plaintiff.

10

111.

11

Defendants DOE 1, DOE 2 and DOES 3 through 50s, inclusive, conduct was a

breach of their duties to the Plaintiff.

12
MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

Even though Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, knew

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

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

16

prevented from performing daily activities and obtaining the full enjoyment of life; will sustain

17

loss of earnings and earning capacity, and/or has incurred and will continue to incur expenses for

18

medical and psychological treatment, therapy, and counseling.

19

FIFTH CAUSE OF ACTION


NEGLIGENT FAILURE TO TRAIN, WARN OR EDUCATE
(As to All Defendants)

20
21
22

113.

Plaintiff repeats, re-alleges and incorporates herein by reference paragraphs 1

through 112, inclusive, as though fully set forth herein.

23

114.

Defendants DOE 1, DOE 2 and DOES 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 molestation by MICHAEL JACKSON by

26

properly warning, training or educating the Plaintiff and other minors about how to avoid such a

27

risk.

28

115.

Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, breached their duty
32
COMPLAINT FOR DAMAGES

to take reasonable protective measures to protect Plaintiff and other minor children in their

charge, from the risk of sexual abuse, harassment and molestation by MICHAEL JACKSON,

such as the failure to properly warn, train or educate Plaintiff and other minor children in their

charge about how to avoid such a risk.

Defendants breached their duty to take reasonable protective measures to protect

Plaintiff and other minor children in their charge from the risk of sexual harassment, molestation

and abuse by MICHAEL JACKSON, by failing to supervising and/or stop employees of

Defendants DOE 1, DOE 2 and DOES 3 through 50, inclusive, including MICHAEL JACKSON,

from committing wrongful sexual acts with minor children, including Plaintiff.

10

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

116.

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

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

16

medical and psychological treatment, therapy, and counseling.

17

SIXTH CAUSE OF ACTION


BREACH OF FIDUCIARY DUTY
(As to All Defendants)

18
19
20
21

118.

Plaintiff repeats, re-alleges and incorporates herein by reference paragraphs 1

through 117, inclusive, as though fully set forth herein.


119.

As set forth more fully above, Defendants DOE 1, DOE 2 and DOES 3 through

22

50, inclusive, in concert with MICHAEL JACKSON, recruited, enticed, and encouraged Plaintiff

23

and Plaintiffs mother to give their trust and confidence to Defendants and MICHAEL JACKSON

24

so that Plaintiff could be taken from her mothers care and supervision and placed under the care

25

and supervision of Defendants and MICHAEL JACKSON. 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

implement all reasonable safeguards to protect Plaintiff while she was in the custody of

Defendants and/or MICHAEL JACKSON.

Plaintiff and her mother agreed to place their trust and confidence in Defendants

DOE 1, DOE 2 and DOES 3 through 50, inclusive, in the expectation that Defendants would

properly supervise Plaintiff, regulate her activities and behavior, and ensure her safety. Further,

Plaintiff and her mother agreed to this because they believed in the integrity of Defendants DOE

1, DOE 2 and DOES 3 through 50, inclusive, and therefore felt comfortable in entrusting the

minor Plaintiff to the care and custody of Defendants.

MANLY, STEWART & FINALDI


ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

120.

121.

As alleged herein, MICHAEL JACKSON 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 DOES 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 MICHAEL JACKSON, and by allowing Plaintiff to be sexually abused by MICHAEL

14

JACKSON on a regular basis.

15

122.

As a direct and proximate result of Defendants DOE 1, DOE 2 and DOES 3

16

through 50, inclusive, breach of their fiduciary duty to Plaintiff, Plaintiff has suffered and will

17

continue to suffer (a) severe mental and emotional distress including, but not limited to, severe

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.
PRAYER FOR RELIEF

21
22

Wherefore, Plaintiff prays for Judgment against Defendants as follows:

23

1.

24
25

For past, present and future general damages in an amount to be determined at


trial;

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

4.

Any appropriate statutory damages;

5.

For costs of suit;

6.

For interest as allowed by law;

7.

For attorney's fees pursuant to California Code of Civil Procedure 1021.4,

5
6
7
8

1021.5, or otherwise as allowable by law; and


8.

For such other and further relief as the court may deem proper.
MANLY, STEWART & FINALDI

Dated: October 19, 2016


By:

9
10

_______________________________
VINCE WILLIAM FINALDI, Esq.
Attorneys of Record for Plaintiff,
JANE AA DOE.

11
MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
35
COMPLAINT FOR DAMAGES

1
2
3
4

DEMAND FOR JURY TRIAL


A trial by Jury is hereby demanded by Plaintiff.
MANLY, STEWART & FINALDI

Dated: October 19, 2016


By:

5
6

_______________________________
VINCE WILLIAM FINALDI, Esq.
Attorneys of Record for Plaintiff,
JANE AA DOE.

7
8
9
10
11
MANLY, STEWART & FINALDI
ATTORNEYS AT LAW
19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
Telephone: (949) 252-9990

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
36
COMPLAINT FOR DAMAGES

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