Neville L. Johnson (SBN 66329) Douglas L. Johnson (SBN 209216) Jennifer M. McGrath (SBN 211388) Aviel Dahan (SBN 312799) JOHNSON JOHNSON LLP 439 North Canon Drive, Suite 200 Beverly Hills, California 90210 Telephone: (310) 975-1080 Facsimile: (310) 975-1095 Email: nj dj Rodney A. Smolla 4601 Concord Pike Wilmington, DE 19803-0406 Telephone: (864) 373-3882 Email: rodsmolla@gmail.com Pro Hac Vice Pending Attorneys for Plaintiff, Richard Simmons SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES RICHARD SIMMONS, an individual, CASE NOPlaintiff, COMPLAINT FOR: vs. 1. LIBEL (COUNT 2. LIBEL (COUNT AMERICAN MEDIA, IN C., a Delaware 3. LIBEL (COUNT corporation; RADARONLINE, LLC., a 4. LIBEL (COUNT Delaware Limited Liability Company; 5. INVASION OF FALSE LIGHT NATIONAL ENQUIRER, IN C., a Florida corporation; and DOES 1-10; Defendants. CONFORMED COPY ORIGINAI . FILED Hupurlitr cum: rim-1mm. t?uunly {If Ltra Ml?rltra MAY 0 8 2817 Sherri E. Carter, Executive Officer/Clerk By: Charlie L: Calamari, Deputy DEMAND FOR JURY TRIAL 1 COMPLAINT 1 Plaintiff Richard Simmons alleges on information and belief as follows: 2 3 INTRODUCTION 1. Richard Simmons is a health and fitness guru, motivational life-coach, comedian, 4 and actor who has helped millions of people, giving them hope, building up their self-esteem, and 5 helping them cope with tragedy. 6 2. The National Enquirer and Radat Online are owned by American Media, and 7 specialize in sensational and salacious stories, often featuring celebrities, callously calculated to 8 generate profit through defamation and invasion of privacy. 9 3. This case is about a particularly egregious and hurtful campaign of defamations 10 and privacy invasions, falsely asserting that Mr. Simmons is transitioning from a male to a 11 female, including "shocking sex surgery," breast implants, hormone treatments, and consultations 12 on medical castration. 13 4. The cruel and malicious publication of these stories is particularly offensive 14 because Mr. Simmons fully supports individual autonomy and the essential human dignity of 15 every person to make his or her own personal choices regarding sexual identity. Mr. Simmons 16 has been an avid supporter of the LGBTQ community for his entire life. 17 5. With calculated malice, the National Enquirer and Radar Online have concluded 18 that they can make money by running false and salacious stories claiming that ML Simmons is 19 transitioning, when he is not. For Mr. Simmons to sue, the National Enquirer and Radar Online 20 have cynically calculated, will make Mr. Simmons appear to maintain that there is something 21 wrong with transitioning from one gender to another. To remain passive and do nothing, the 22 calculation continues, will be seen as tacitly conceding the truth of the stories, encouraging more 23 ofthem. 24 6. National Enquirer and Radar Online have miscalculated. The National Enquirer 25 and Radar Online have cheaply and crassly commercialized and sensationalized an issue that 26 ought to be treated with respect and sensitivity. Principles of freedom of speech and press may 27 protect their prerogative to mock and degrade the LGBTQ community. But freedom to speak is 28 2 COMPLAINT 1 not freedom to defame. Mr. Simmons, like every person in this nation, has a legal right to insist 2 that he not be portrayed as someone he is not. Even the most ardent supporter of sexual autonomy 3 and LGBTQ rights is entitled to be portrayed in a manner that is truthful. The law of defamation 4 and false light invasion of privacy exist to vindicate this elemental right. The law protects the 5 right of every person to be treated with decency and dignity, free from the deliberate propagation 6 of falsehoods that have no motivation other than exploitation. It is to vindicate that right, and the 7 rights of all persons to be portrayed with dignity and honesty with regard to their sexual identity, 8 that Mr. Simmons files this lawsuit. 9 PARTIES 10 11 7. Plaintiff Richard Simmons is, and at all relevant times was, an individual who resides in the County of Los Angeles. 12 8. Upon information and belief, Plaintiff alleges that American Media, Inc. ("AMI") 13 is incorporated in Delaware, with its principal place of business in Florida, registered to do 14 business in California, and with offices for the conduct of business in Santa Monica, California. 15 AMI is the parent company for Defendants National Enquirer, Inc. and Radar Online, LLC. 16 9. Upon information and belief, Plaintiff alleges that Radar Online LLC ("Radar") is 17 a Delaware Limited Liability Company doing substantial business in California. Radar is owned 18 by AMI. Radar and its tabloid sibling, National Enquirer, Inc., make money for AMI by 19 embarrassing and humiliating famous people with false, lurid, and sensational gossip about their 20 private lives. These "stories" typically purport to be based on unidentified "sources," who, in 21 most such instances, are individuals paid by AMI to provide the appearance of "support" for their 22 stories. Such false and hurtful stories are typically accompanied by blaring headlines designed to 23 create the false impression that the stories themselves are even more shocking and sensational 24 than they really are. The facts alleged below are an example of these shameful and tortious 25 practices. 26 111 27 11 I 28 3 COMPLAINT 1 10. Upon information and belief, Plaintiff alleges that the National Enquirer, Inc. 2 ("National Enquirer") is a Florida Corporation, with its principal place of business in Florida, 3 registered to do business in California, and maintaining an office for the conduct of business in 4 Santa Monica, California. 5 11. Defendants have purposefully availed themselves of the benefits and protections of 6 California by, among other things, registering to do business in California, maintaining office 7 space in California, selling and soliciting sale of magazines in California, actively engaging in 8 reporting activities pertaining to events in California, and publishing print and digital articles 9 directed at a resident of California, as further alleged herein. 10 12. Defendants Does 1 through 10 are sued herein by fictitious names for the reason 11 that their true names are unknown to Plaintiff. Plaintiff will seek to leave to amend this complaint 12 to allege the true names and capacities of these Defendants when they have been ascertained. 13 Plaintiff is informed and believes and based thereon alleges that these fictitiously named 14 Defendants are responsible in some manner for the actions and damages alleged herein. Some of 15 the wrongful conduct occurred in Los Angeles County, and this wrongful conduct was 16 intentionally and purposely done to cause harm in Los Angeles County. 17 13. Plaintiff is informed and believes, and based thereon alleges, that at all times 18 herein mentioned, each Defendant named herein was the agent and/or employee of the other co- 19 Defendants, and at all times were and are acting within the purpose and scope of such agency 20 and/or employment, and with the permission and consent of his/her/its co-Defendants with 21 knowledge, authorization, permission, consent, and/or subsequent ratification and approval of 22 each co-defendant. Plaintiff is further informed and believes, and based thereon alleges, that ·each 23 named and unnamed Defendant knowingly and willfully conspired and agreed among themselves 24 to deprive Plaintiff of his rights and to cause the damages described herein. 25 26 27 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 14. Since early 2014, Mr. Simmons has taken a leave of absence from the media spotlight in order to retreat from his 40-year career in television, fitness, and other arenas of 28 4 COMPLAINT 1 entertainment. Starting from around May 2015, Mauro Oliveira, an individual who has 2 blackmailed, extorted, and stalked Mr. Simmons for several years with the intention of destroying 3 the career and reputation of Mr. Simmons, contacted several press outlets, including the National 4 Enquirer and Radar, and offered information on Mr. Simmons's disappearance in exchange for a 5 fee. 6 15. On information and belief, Mr. Oliveira contacted the National Enquirer on at least 7 three separate occasions, offering three separate stories as to why Mr. Simmons has been absent 8 from the media in the past few years. On information and belief, Mr. Oliveira first contacted the 9 National Enquirer on or around May 2015, stating that Mr. Simmons's absence was due to him 10 being "frail, weak and spiritually broken," and "in desperate need of help." On information and 11 belief, Mr. Oliveira later contacted the National Enquirer on or around February 2016, stating that 12 Mr. Simmons's absence was due to him being held hostage by his. housekeeper who was 13 controlling Mr. Simmons, taking advantage of his weak mental state, and 14 Lastly, on information and belief, Mr. Oliveira contacted the National Enquirer on or around May 15 2016 and stated that he had information to prove that Mr. Simmons's absence was due to him 16 undergoing medical procedures to transition from a male to a female. All of these assertions were 17 untrue, and were merely attempts by Mr. Oliveira to gain a profit in exchange for providing a 18 false narrative about Mr. Simmons's leave of absence. While pitching around these ideas, Mr. 19 Oliveira was simultaneously blackmailing Mr. Simmons, sending him emails and threatening to 20 destroy his reputation with damaging press coverage unless Mr. Simmons paid Mr. Oliveira to 21 stop. 22 16. in witchcraft. On information and belief, on or around June 2016, the National Enquirer planned 23 and prepared to publish an article about Mr. Simmons's disappearance being due to him 24 transitioning from a male to a female, and using Mr. Oliveira as its sole source for the story. 25 1°7. On June 2, 2016, immediately prior to publication of the article, AMI on behalf of 26 the National Enquirer, provided Tom Estey, Mr. Simmons's publicist, with a copy of the 27 unpublished article for review. After reviewing the article, Tom Estey promptly warned AMI's 28 5 COMPLAINT 1 general counsel that they should "be prepared for a lawsuit," indicating to AMI that the 2 information in the soon to be published article was false and would subject the National Enquirer 3 to a lawsuit. However, the National Enquirer and Radar disregarded the warnings and published 4 the article without conducting any further investigation into its truth or accuracy, relying solely on 5 Mr. Oliveira's false information as its source. 6 18. On June 8, 2016, the National Enquirer, based on the false infonnation provided 7 by Mr. Oliveira, published an article dated June 20, 2016, with a full cover page dedicated to a 8 false story about Mr. Simmons's transition ("June 8 Article"). A true and correct copy of the June 9 8 and cover page are attached as Exhibit 1. The· cover of the article, 100% entirely 10 dedicated to the false story about Mr. Simmons's transition, included an old image of Mr. 11 Simmons from 2013 (before his disappearance), dressed in costume as a female, which he has 12 done openly over the years consistent with his well-known and longstanding burlesque-style 13 entertainment persona. Accompanying the image of the 2013 photo of Mr. Simmons was a large 14 bold headline, taking up half of the cover page, proclaiming "Richard Simmons: He's Now a 15 Woman!" The June 8 Article stated that Mr. Simmons has "undergone shocking sex surgery to 16 change from a man to a woman," "was now living as a gal named Fiona," and has "slowly 17 transformed into a female with breast implants, hormone treatments, and medical consultations on 18 castration." As a result of this false and defamatory article, a huge number of other news and 19 media publications published similar articles about Mr. Simmons's entirely fabricated gender 20 transition, citing the National Enquirer's June 8 Article as their information source. 21 19. On June 8, 2016, Radar published approximately five online articles on its website 22 which contained defamatory images, videos, and text containing recycled information from the 23 National Enquirer's June 8 Article. True and correct copies of Radar's June 8, 2016 articles are 24 attached as Exhibit 2. 25 20. Defendants AMI, National Enquirer, and Radar knew or acted in reckless 26 disreg&rd for the fact that the information provided by Mr. Oliveira was false and that he was not 27 a credible or reliable source. On information and belief, Oliveira had contacted the National 28 6 COMPLAINT 1 Enquirer on at least three separate occasions, offering three completely different stories to explain 2 why Mr. Simmons was absent from the public eye. For a source to tell three entirely different 3 stories regarding the same event, one grounded in allegations of physical and emotional 4 breakdown, the next in allegations of abduction and witchcraft by a housekeeper, the third 5 claiming sex change surgery, was on its face sufficient to instill subjective doubt regarding the 6 truth of the allegations and the reliability of their source. Additionally, on information and belief, 7 Defendants paid Mr. Oliveira to be a source. AMI, the National Enquirer, and Radar were willing 8 to pay Mr. Oliveira to say anything that might trigger lurid headlines and drive sales, with 9 knowledge of falsity and reckless disregard for the truth, coldly oblivious to the damage their 10 11 cruel stories would cause to Mr. Simmons's reputation and equanimity. 21. On June 10, 2016, Mr. Oliveira recanted his fabricated story regarding Mr. 12 Simmons's gender transition. In an 13 Mr. Oliveira stated that he was "misrepresented and betrayed and that such allegations were pure 14 fabrications by others not [himself]." "[He] signed up with this agency, to publish pictures and 15 videos of Richard Simmons, with the sole intent to show how fit and how beautiful he looks like 16 dressed up as a female." He then implicitly demanded money from Mr. Simmons within 10 days 17 and stated that if Mr. Simmons paid him, he would be prepared to "go on record to discredit the 18 story and defend Richard Simmons .... " This email-part of a longstanding pattern of harassment 19 of Mr. Simmons by Mr. Oliveira-further demonstrates that Mr. Oliveira was obviously not 20 credible, and any reliance on him as a source was reckless and malicious. Mr. Oliveira's email, 21 recanting his story, was provided to AMI as further proof of the story's falsity. 22 22. · to Mr. Simmons and his manager Michael Catalano, On June 14, 2016, Mr. Simmons publicly announced that the June 8 Article and 23 other related publications were false and that he was not transitioning from a male to a female. 24 Notwithstanding the knowledge they now possessed that their source was a shake-down artist and 25 blackmailer, and notwithstanding Mr. Simmons's unequivocal denial of the gender transitioning 26 story, the National Enquirer and Radar doubled-down on their defamation campaign. Both the 27 National Enquirer and Radar published a new article repeating the sex-change allegations on June 28 7 COMPLAINT 1 15, 2016 ("June 15 Article") even after Mr. Simmons's denial and warnings regarding the story's 2 falsity. 3 23. On June 21, 2016 AMI was contacted by Jeff Goldman, Mr. Simmons's previous 4 counsel, who informed AMI that the information in the article was false and that the information 5 source was unreliable and was merely an "opportunist" seeking to profit by providing false 6 information about Mr. Simmons. Mr. Simmons's counsel also provided AMI's General Counsel 7 with a demand for a retraction of the June 8 Article and each of the statements and their 8 implications and impressions. As of the date of this filing, no retraction has been made by AMI. 9 A true and correct copy of the June 21, 2016 letter is attached hereto as Exhibit 3. 10 24. On August 3, 2016, AMI's General Counsel emailed Mr. Oliveira and stated "It 11 has come to our attention that you continue to try to sell articles and photographs about Richard 12 Simmons to AMI despite apparently disavowing information you previously provided AMI. 13 Please cease and desist contacting anyone at the company. AMI is not interested in acquiring any 14 information from you." 15 25. on· March 22, 2017, after receiving several notices and wammgs from Mr. 16 Simmons' representatives regarding the falsity of the fabricated sex change story and after AMI 17 sent an email to Mr. Oliveira demanding that he "cease and desist contacting anyone at the 18 company," Radar published an article that yet again repeated the Enquirer's fabricated sex-change 19 allegations. (March 22 Article"). The March 22 Article stated that Mr. Simmons was "the latest 20 Hollywood star to secretly undergo a sex change" and that he has "opted for a breast implant 21 surgery, hormone therapy, and a host of other invasive changes to create the transformation the 22 Enquirer reported." The March 22 Article included a video and accompanying text. 23 26. On April 6, 2017, a retraction letter was sent to AMI's general counsel, stating that 24 the contents of the March 22 Article were false and defamatory, and demanding that the March 22 25 Article be removed and retracted. As of the date of this filing, no retraction has been made by 26 Defendant AMI. A true and correct copy of the April 6, 2017 retraction letter is attached as 27 Exhibit 4. 28 8 COMPLAINT 1 FIRST CAUSE OF ACTION 2 LIBEL (Count I- the National Enquirer's June 8 Article) 3 (Plaintiffs Against the National Enquirer, AMI, and Does 1-10) 4 27. All previous allegations are realleged and incorporated herein by reference. 5 28. On or around June 8, 2016, in its issue dated June 20, 2016, Defendant the 6 National Enquirer devoted its entire magazine cover to a series of articles alleging that Mr. 7 Simmons has transitioned into a female. Defendant the National Enquirer published the 8 following false statements of and concerning Mr. Simmons (collectively referred to as the "June 9 8 Offending Statements"): 10 a. Mr. Simmons is "NOW A WOMAN!"; 11 b. He "has undergone shocking sex surgery to change from a man to a woman"; 12 c. He has "slowly transformed into a female with breast implants, hormone 13 treatments and medical consultations on castration"; 14 d. He "had a boob job"; 15 e. He had a "SECRET BOOB JOB & CASTRATION SURGERY"; 16 f. 17 g. He is "The New Caitlyn Jenner"; 18 h. He is "Now living as a gal named Fiona"; 19 i. He "IS NOW CALLED Fiona!"; 20 J. "Fitness guru TRANSITIONS to a Woman"; 21 k. He is living in a "BIZARRE WORLD" as a woman; 22 1. 23 He "is now considering having a vagina built by doctors"; Sex-change surgery was the "REAL REASON HE DISAPPEARED FOR 924 DAYS!"; 24 m. He has been "EXPOSED!"; 25 n. His brother Leonard "feels the [nonexistent] sex change conflicts with their 26 27 Catholic upbringing"; o. The photos published by the Enquirer are "not just Richard Simmons in drag"; 28 9 COMPLAINT 1 2 3 4 p. The photos published by the Enquirer "prove" the foregoing lies. 29. The June 8 Offending Statements are libelous on their face. Additionally, because the June 8 Offending Statements impute unchastity on Mr. Simmons, they are libelous per se. 30. The June 8 Offending Statements are reasonably susceptible of a defamatory 5 meaning. The headlines and article taken together insinuate that Mr. Simmons has undergone a 6 sex-change surgery to change from a man to a woman, and leave such an impression in the 7 reader's mind. Moreover, the defamatory statement about Mr. Simmons "Now living as a gal 8 named Fiona," insinuates that Mr. Simmons has an identity crisis or possibly multiple 9 personalities. The statements "SECRET BOOB JOB & CASTRATION SURGERY" and "now 10 considering having a vagina built by doctors" insinuate that Mr. Simmons has undergone 11 medical procedures and plans to undergo further medical procedures to replace his male sexual 12 organs with those of a female. 13 31. Beyond the National Enquirer and Radar's false insinuation that Mr. Simmons has 14 and continues to undergo sex-change surgery, the headlines and articles are flat-out false under 15 any reasonable meaning. Mr. Simmons is not a woman; he has not undergone or contemplated 16 sex-change surgery, or any surgery whatsoever to change from a man to a woman; he has not 17 slowly transformed, or transformed in any way, into a female; he has not had breast implants; he 18 has not had hormone treatments; he has not had medical consultations on castration; he has not 19 had a "boob job" or "castration surgery"; he is not the "new Caitlyn Jenner"; he has not been 20 "exposed"; he is not living in a "bizarre new world" as a woman; he has not used and does not 21 use the name "Fiona"; he is not living as a woman (or person) named Fiona; he has never 22 considered, and is not considering, having a vagina built by doctors; his brother Leonard has 23 never expressed or maintained any opinion on any sex change by Mr. Simmons (since none has 24 ever been contemplated) and does not believe that Mr. Simmons' conduct in any way conflicts 25 with their Catholic upbringing - 26 27 32. to the contrary, he fully supports Mr. Simmons. The June 8 Offending Statements were published with negligence and with constitutional and actual malice, with knowledge that they were false or with a reckless disregard 28 10 COMPLAINT 1 for the truth or falsity of what was expressed and implied, including, but not limited to, the 2 following: 3 a. Defendants intended that the front-page headline "Richard Simmons: He's Now a 4 Woman!" and story headlines "Fitness guru TRANSITIONS to a Woman" and 5 "RICHARD SIMMONS IS NOW CALLED Fiona!" would in fact be understood 6 by average readers and were fully intended to be understood by average readers to 7 express and imply the false and defamatory message that Mr. Simmons had 8 undergone a sex change, all with knowledge of falsity or reckless disregard for the 9 truth. 10 b. Defendants deliberately intended to convey the impression that Mr. Simmons has 11 undergone a sex-change surgery to change from a man to a woman, which was 12 known to be false. 13 WOMAN!" "SECRET BOOB JOB & CASTRATION SURGERY" and he "IS 14 NOW CALLED Fiona!" to buttress the impression that Defendants intended to 15 convey to the reader. Defendants used front-page phrases such as "NOW A 16 c. Defendants also acted with actual malice, entertaining serious doubts about the 17 truth of the June 8 Offending Statements or purposely avoided learning the truth 18 because they were aware that Mr. Simmons had not transitioned into a female 19 after receiving several warnings regarding the articles' falsity from Mr. Simmons' 20 representatives on June 2, 2016, before publication. Moreover, Mr. Simmons even 21 made a public announcement on June 14, 2016, stating that he was not 22 transitioning and that the June 8 Article and other related articles were falsely 23 reported. Nevertheless, defendants acted recklessly by republishing the false sex- 24 change statements on the National Enquirer and Radar websites after receiving 25 several warnings regarding the falsity of the statements, as well as notice of the 26 unreliability of Mauro Oliveira, the source who provided the false information. 27 Moreover, in the face of such contradictory information, Defendants the National 28 11 COMPLAINT 1 Enquirer and Radar did not even attempt to interview Mr. Simmons, the only 2 source who could confirm or deny the accuracy of the information contained in 3 the articles. 4 d. Defendants had a pecuniary motive for running a front-page headline and story 5 that were reasonably susceptible of a defamatory meaning in order to attract 6 attention and boost sales of the National Enquirer and viewership of Radar. 7 Defendants chose to prioritize profit over truthfui reporting. 8 e. On information and belief, the genesis of this story came from Mauro Oliveira, an 9 individual who has for years blackmailed Mr. Simmons and used threats of 10 reputational harm in order to extort money from Mr. Simmons. Defendants were 11 aware of Mr. Oliveira's opportunistic behavior after receiving notice from Mr. 12 Simmons' representatives, but continued to republish the defamatory sex change 13 allegations without further investigation into Mr. Oliveira's credibility or motive .. 14 Furthermore, Defendants had prior notice that Mr. Oliveira was not a credible or 15 reliable source after he contacted Defendants on three separate occasions offering 16 three completely different and inconsistent stories regarding Mr. Simmons's 17 media absence. 18 f. Defendants published their pre-conceived story line exploiting Mr. Simmons in 19 order to capitalize on the public attention Mr. Simmons was receiving because of 20 his retreat from the public arena. The National Enquirer and Radar used Mr. 21 Simmons' respite from the glare of public life to treat his persona as a defamation 22 free-fire zone, acting as if they had a license to publish any story they wanted 23 about Simmons. Knowing that any innocuous or mundane explanation for the new 24 quietude of Mr. Simmons would not generate sales or circulation, the National 25 Enquirer and Radar invented the most over-the-top and sensational story they 26 could, brazenly breaking their false revelation as a "World Exclusive," attempting 27 to gain sole credit as the first to unveil Mr. Simmons' putative sex change. 28 12 COMPLAINT 1 33. Defendants purposely avoided the truth, using their one bogus and discredited 2 source as putative cover, intentionally avoiding any corroborating investigation. The National 3 Enquirer and Radar published their allegations despite the absence of any genuine deadline 4 pressure, rushing their apocryphal story into print even though they knew they didn't have any 5 evide:rice or corroboration supporting its truth, solely to be the first to publish the salacious and · 6 sensational claims. 7 34. A demand for a retraction of the June 8 Article and each of the statements and 8 their implications and impressions was made to the General Counsel of AMI, by letter dated and 9 transmitted by e-mail and Federal Express on June 21, 2016. As of the date of this filing, no 10 11 retraction has been made. 35. As a direct and proximate result of the above-described conduct by Defendants, 12 plaintiff has suffered general and special damages in an amount to be determined at trial in an 13 amount in excess of the minimum jurisdiction of the Superior Court, including without 14 limitation, damage to Plaintiffs reputation, career, and standing in the community. 15 36. Upon information and belief, Plaintiff alleges that each Defendant's conduct was 16 done with oppression, fraud and malice and that, therefore, the conduct of each Defendant 17 justifies an award of punitive and exemplary damages. 18 37. Upon information and belief, Plaintiff alleges that, unless enjoined and restrained 19 by the Court, Defendants will republish, repeat and continue to disseminate the June 8 Offending 20 Statements and their implications and impressions, all to the continuing injury of Plaintiff; that 21 such continued republication, repetition and dissemination of the defamatory and offensive 22 falsehoods will cause irreparable harm to Plaintiff by damaging his reputation and adversely 23 affecting his career and business efforts as well as his personal relationships. Upon information 24 and belief, Plaintiff alleges that he lacks an adequate remedy at law insofar as damages will be 25 very difficult to calculate for such on-going injuries. By reason of the foregoing, Plaintiff is 26 entitled to a permanent injunction enjoining and restraining Defendants, and each of them, and 27 all persons acting in concert with them, from republishing, repeating, distributing or otherwise 28 13 COMPLAINT 1 disseminating the June 8 Offending Statements or any of their implications and impressions to 2 the extent such are found in this Action to be false. 3 SECOND CAUSE OF ACTION 4 LIBEL (Count II- Radar's June 8 Articles) 5 (Plaintiffs Against Radar, AMI, and Does 1-10) 6 38. All previous allegations are realleged and incorporated herein by reference. 7 39. On or around June 8, 2016, Defendant Radar published a series of online articles 8 with videos and accompanying text, which were posted on Radar's website, falsely claiming that 9 Mr. Simmons has transitioned to a female. Defendant Radar published the following false 10 statements of and concerning Mr. Simmons (collectively referred to as the "Radar June 8 11 Offending Statements"): 12 a. 13 "SEX CHANGE BOMBSHELL: RICHARD SIMMONS IS SECRETLY LIVING AS A WOMAN!" 14 b. Mr. Simmons is "the latest Hollywood star to secretly undergo a sex change"; 15 c. "National Enquirer broke the explosive news with a jaw dropping cover story that 16 features never-before-seen photos of Simmons living as his female identity, 17 Fiona"; 18 d. "The incredible pictures of Simmons, 67, with flowing brunette locks and 19 20 womanly curves are photoshop-free"; e. "This is not just Richard Simmons in drag, this is Richard dressed as a softly 21 22 spoken woman named Fiona"; f. "Like [Caitlyn] Jenner, Simmons has opted for a breast implant surgery, hormone 23 therapy, and a host of other invasive changes to create the transformation the 24 Enquirer reported"; 25 26 27 g. "He's secretly been adventuring out of his Hollywood Hills home dressed as a woman for months." h. "Boob Job & Hormone Treatments! See Bombshell Richard Simmons' Post- 28 14 COMPLAINT 1 Surgery Photo"; 2 1. ''the procedures have had a very nasty side effect"; 3 J. "Richard Simmons is serious about his decision to live fully as a woman"; 4 k. "He had a boob job, and his breasts are like he had been taking hormones to make 5 them grow"; 6 I. 7 effect"· . ' 8 m. "Richard Simmons has been living a life of freedom behind the walls of his 9 10 "Unfortunately, the treatments to feminize his appearance have had a bad side Hollywood home, ever since deciding to embrace life as a woman"; 40. The Radar June 8 Offending Statements are libelous on their face. Additionally, 11 because the Radar June 8 Offending Statements impute unchastity on Mr. Simmons, they are 12 libelous per se. 41. The Radar June 8 Offending Statements are reasonably susceptible of a 13 14 defamatory meaning. The videos, images, and accompanying texts insinuate that Mr. Simmons 15 has undergone a sex-change surgery to change from a man to a woman, and leave such an 16 impression in the viewers' mind. Moreover, the defamatory statement about Mr. Simmons 17 18 "dressed as a softly spoken woman named Fiona," insinuates that Mr. Simmons has an identity crisis or possibly multiple personalities. The statement "Simmons has opted for a breast implant 19 20 surgery, hormone therapy, and a host of other invasive changes to create the transformation" 21 insinuates that Mr. Simmons has undergone medical procedures and plans to undergo further 22 medical procedures to replace his male sexual organs with those of a female. 23 24 25 26 27 28 42. Beyond Radar's false insinuation that Mr. Simmons has and continues to undergo sex-change surgery, the video and its contents are flat-out false under any reasonable meaning. Mr. Simmons has not undergone or even contemplated sex-change surgery, or any surgery whatsoever to change from a man to a woman; he has not used and does not use the name "Fiona"; he is not living as a woman (or person) named Fiona; he does not have flowing brunette 15 COMPLAINT 1 locks and womanly curves; the pictures of Mr. Simmons with flowing brunette locks and 2 womanly curves are not "photoshop-free"; Mr. Simmons has not "opted for" breast implant 3 surgery, hormone therapy, or any other invasive changes to create the transformation the 4 Enquirer reported; he does not secretly adventure out of his Hollywood Hills home dressed as a 5 6 woman; he did not receive treatments to feminize his appearance and has not had any "side effect"; nor has Richard Simmons decided to embrace life as a woman. 7 8 9 10 43. The Radar June 8 Offending Statements were published with negligence and constitutional and actual malice with knowledge that they were false or with a reckless disregard for the truth or falsity, including, but not limited to, the following: 11 a. Defendants entertained serious doubts about the truth of the Radar June 8 12 Offending Statements or purposely avoided learning the truth because they were 13 aware that Mr. Simmons had not transitioned into a female after receiving several 14 15 16 warnings regarding the articles' falsity from Mr. Simmons' representatives before publication. Moreover, Mr. Simmons even made a public announcement on June 17 14, 2016, stating that he was not transitioning and that the article was falsely 18 reported. Moreover, the Radar June 8 Offending Statements cite the original June 19 8 Article by the National Enquirer, which was deemed false and inaccurate. 20 Nevertheless, defendants acted recklessly by republishing the abovementioned 21 statements on the Radar website after receiving several warnings regarding the 22 23 24 articles' falsity, as well as notice regarding the unreliability of Mauro Oliveira, the source who provided the false information. Moreover, in the face such 25 contradictory information, Defendant Radar did not even attempt to interview Mr. 26 Simmons, the only source who could confirm or deny the accuracy of the 27 28 16 COMPLAINT 1 information contained in the articles m order to verify the accuracy of said 2 information. 3 4 5 6 b. Radar had a pecuniary motive for running a story that was dramatic and salacious in order to attract attention and boost viewership of Radar. c. On information and belief, the genesis of this story came from Mauro Oliveira, an individual who has for years, blackmailed Mr. Simmons and used threats of 7 8 reputational harm with the hope of obtaining monies from Mr. Simmons. 9 Defendants were aware of Mr. Oliveira's opportunistic behavior after receiving 10 notice from Mr. Simmons' representatives, but continued to republish the Radar 11 June 8 Article without further investigation into Mr. Oliveira's credibility. 12 Furthermore, Defendants had prior notice that Mr.· Oliveira was not a credible or 13 reliable source after he contacted Defendant the National Enquirer, Radar's 14 15 16 tabloid sibling, on at least three separate occasions offering three completely different and inconsistent stories regarding Mr. Simmons's media absence. 17 d. Defendants had a predetermined bias against Mr. Simmons because they were 18 looking for anything to gain a leg-up on the media frenzy surrounding Mr. 19 Simmons's disappearance and media absence for the past few years. The National 20 Enquirer and Radar broke the story as a "World Exclusive" attempting to gain 21 22 23 sole credit as the first to sully Mr. Simmons' reputation and to drag him into the morass. 24 e. Defendants purposely avoided the truth by failing to adequately fact-check to 25 confirm the accuracy of the Radar June 8 Offending Statements or obtain 26 corroborating evidence before publishing the offending statements, where the 27 implication of the Radar June 8 Offending Statements are serious enough to 28 17 COMPLAINT 1 warrant some type of substantiation. This was not "hot news" for which there 2 was an urgent need to publish without actual verification because Defendants had 3 · several months to investigate the story before publishing it. 4 44. 5 6 7 8 implications and impressions was made to the General Counsel of AMI, by letter dated and transmitted by e-mail and Federal Express on June 21, 2016. As of the date of this filing, no retraction has been made. 45. 9 10 11 12 15 at trial in an amount in excess of the minimum jurisdiction of the Superior Court, including without limitation, damage to Plaintiffs reputation, career, and standing in the community. 46. 18 19 20 ·;21. 22 23 24 25 26 27 28 Upon information and belief, Plaintiff alleges that each Defendant's conduct was done with oppression, fraud and malice and that, therefore, the conduct of each Defendant justifies an award of punitive and exemplary damages. 47. 16 17 As a direct and proximate result of the above-described conduct by Defendants Radar and AMI, plaintiff has suffered general and special damages in an amount to be determined 13 14 A demand for a retraction of the Radar June 8 Offending Statements and their Upon information and belief, Plaintiff alleges that, unless enjoined and restrained by the Court, Defendants will republish, repeat and continue to disseminate the Radar June 8 Offending Statements and their implications and impressions, all to the continuing injury of Plaintiff; that such continued republication, repetition and dissemination of the ·defamatQry and offensive falsehoods will cause irreparable harm to Plaintiff by damaging his reputation and adversely affecting his career and business efforts as well as his personal relationships. Upon information and belief, Plaintiff alleges that he lacks an adequate remedy at law insofar as damages will be very· difficult to calculate for such on-going injuries. By reason of the foregoing. Plaintiff is entitled to a permanent injunction enjoining and restraining Defendants, and each of them, and all persons acting in concert with them, from republishing, repeating, distributing or otherwise disseminating the Radar June 8 article or the Radar June 8 Offending Statements or any of their implications and impressions to the extent such are found in this action to be false. Ill 18 COMPLAINT 1 THIRD CAUSE OF ACTION 2 LIBEL (Count III- Radar's June 15 Article) 3 (Plaintiffs Against Radar, AMI, and DOES 1-10) 4 48. All previous allegations are realleged and incorporated herein by reference. 5 49. On or around June 15, 2016, Defendant Radar published an online article on its 6 website, falsely claiming that Mr. Simmons has transitioned to a female. Defendant Radar 7 published the following false statements of and concerning Mr. Simmons (collectively referred 8 to as the "Radar June 15 Offending Statements"): 9 a. "Richard Simmons has been living a much bolder life as a sexy party girl named 10 Fiona!"; 11 b. "As The National Enquirer reported, the workout guru has been transitioning into 12 a woman over the past three years"; 13 c. "Simmons denied the sex change- but how will he explain RadarOnline.com's 14 exclusive photos of his wild new female life?"; 15 d. "He appeared to be totally natural and comfortable as a woman"; 16 e. "Simmons has 17 and even underwent a breast augmentation"; 18 f. 19 20 begun taking hormones "He didn't seem worried about being recognized as Richard Simmons when he was dressed as Fiona." 50. The Radar June 15 Offending Statements are libelous on their face. Additionally, 21 because the Radar June 15 Offending Statements impute unchastity on Mr. Simmons, they are 22 libelous per se. 23 51. The Radar June 15 Offending Statements are reasonably susceptible of a 24 defamatory meaning. The images and accompanying text insinuate that Mr. Simmons has 25 undergone a sex-change surgery to change from a man to a woman, and leave such an 26 impression in the viewers' mind. Moreover, the defamatory statement "Richard Simmons has 27 been living a much bolder life as a sexy party girl named Fiona!" insinuates that Mr. Simmons 28 19 COMPLAINT 1 has an identity crisis or possibly multiple personalities. The statement "the workout guru has 2 been transitioning into a woman over the past three years" insinuates that Mr. Simmons has 3 undergone medical procedures and plans to undergo further medical procedures to replace his 4 male sexual organs with those of a female. 5 52. Beyond Radar's false insinuation that Mr. Simmons has and continues to undergo 6 sex-change surgery, the video and its contents are flat-out false under any reasonable meaning. 7 Mr. Simmons has not undergone or even contemplated sex-change surgery, or any surgery 8 whatsoever to change from a man to a woman; he has not used and does not use the name 9 "Fiona"; he is not living as a woman (or person) named Fiona; the pictures of Mr. Simmons 10 dressed as a female do not evidence the fact that he has transitioned as he has dressed in this 11 manner for several years and such attire is consistent with his well-known public persona; Mr. 12 Simmons is not totally natural and comfortable as a woman; and Mr. Simmons has not 13 undergone breast augmentation, hormone therapy, or any other invasive changes to create the 14 inexistent transformation reported. 15 53. The Radar June 15 ·Offending Statements were published with negligence and 16 even Constitutional and actual malice with knowledge that they were false or with a reckless 17 disregard for the truth or falsity of what was reported including, but not limited to, the following 18 ways: 19 a. Defendants entertained serious doubts about the truth of Radar June 15 Offending 20 Statements or purposely avoided learning the truth because they were aware that 21 Mr. Simmons had not transitioned into a female after receiving several warnings 22 regarding the articles' falsity from Mr. Simmons' representatives before 23 publication. Moreover, Mr. Simmons even made a public announcement on June 24 14, 2016, stating that he was not transitioning and that the· article was falsely 25 reported. Moreover, the Radar June 15 Offending Statements cite the original 26 June 8 Article by the National Enquirer, which was deemed false and inaccurate. 27 Nevertheless, defendants acted recklessly by republishing the abovementioned 28 20 COMPLAINT 1 statements on the Radar website after receiving several warnings regarding the 2 articles' falsity, as well as notice regarding the unreliability of Mauro Oliveira, the 3 source who provided the false information. Moreover, in the face such 4 contradictory information, Defendant Radar did not even attempt to interview Mr. 5 Simmons, the only source who could confirm or deny the accuracy of the 6 information contained in the articles in order to verify the accuracy of said 7 information. 8 9 b. Radar had a pecuniary motive for running a story that was dramatic and salacious in order to attract attention and boost viewership of Radar. 10 c. On information and belief, the genesis of this story came from Mauro Oliveira, an 11 individual who has for years, blackmailed Mr. Simmons and used threats of 12 reputational harm with the hope of obtaining monies from Mr. Simmons. 13 Defendants were aware of Mr. Oliveira's opportunistic behavior after receiving 14 notice from Mr. Simmons' representatives, but continued to republish the Radar 15 June 15 Offending Statements without further investigation into Mr. Oliveira's 16 credibility. Furthermore, Defendants had prior notice that Mr. Oliveira was not .a 17 credible or reliable source after he contacted Defendant the National Enquirer, 18 Radar's tabloid sibling, on three separate occasions offering three completely 19 different and inconsistent stories regarding Mr. Simmons's media absence. 20 d. Defendants had a predetermined bias against Mr. Simmons because they were a leg-up 21 looking for anything to gain 22 Simmons's disappearance and media absence for the past few years. The National 23 Enquirer and Radar broke the story as a "World Exclusive" attempting to gain 24 sole credit as the first to sully Mr. Simmons' reputation and to drag him into the 25 morass. on the media frenzy surrounding Mr. 26 e. Defendants purposely avoided the truth by failing to adequately fact-check to 27 confirm the accuracy of the Radar June 15 Offending Statements or obtain 28 21 COMPLAINT 1 corroborating evidence before publishing the offending statements, where the 2 implication of the Radar June 15 Offending Statements are serious enough to 3 warrant some type of substantiation. This was not "hot news" for which there was 4 an urgent need to publish without actual verification because Defendants had 5 several months to investigate the story before publishing it. 6 54. A demand for a retraction of the Radar June 15 Offending Statements and their 7 implications and impressions was made to the General Counsel of AMI, by letter dated and. 8 transmitted by e-mail and Federal Express on June 21, 2016. As of the date of this filing, no 9 retraction has been made. 10 55. As a direct and proximate result of the above-described conduct by Defendants, 11 plaintiff has suffered general and special damages in an amount to be determined at trial in an 12 amount in excess of the· minimum jurisdiction of the Superior Court, including without limitation, 13 damage to Plaintiff's reputation, career, and standing in the community. 14 56. Upon information and belief, Plaintiff alleges that each Defendant's conduct was 15 done with oppression, fraud and malice and that, therefore, the conduct of each Defendant 16 justifies an award of punitive and exemplary damages. 17 57. Upon information and belief, Plaintiff alleges that, unless enjoined and restrained 18 by the Court, Defendants will republish, repeat and continue to disseminate Radar June 15 19 Offending Statements and their implications and impressions, all to the continuing injury of 20 Plaintiff; that such continued republication, repetition and dissemination of the defamatory and 21 offensive falsehoods will cause irreparable harm to Plaintiff by damaging his reputation and 22 adversely affecting his career and business efforts as well as his personal relationships. Upon 23 information and belief, Plaintiff alleges that he lacks an adequate remedy at law .Insofar as 24 damages will be very difficult to calculate for such on-going injuries. By reason of the foregoing, 25 Plaintiff is entitled to a permanent injunction enjoining and restraining Defendants, and each of 26 them, and all persons acting in concert with them, from republishing, repeating, distributing or 27 otherwise disseminating the June 15 article, the Radar June 15 Offending Statements or any of 28 22 COMPLAINT 1 their implications and impressions to the extent such are found in this action to be false. 2 FOURTH CAUSE OF ACTION 3 LIBEL (Count IV- Radar's March 22 Article) 4 (Plaintiffs Against Radar, AMI, and DOES 1-10) 5 58. All previous allegations are realleged and incorporated herein by reference. 6 59. On or around March 22, 2017, Defendant Radar published an online article 7 containing a video and accompanying text which was posted on its website, falsely claiming that 8 Mr. Simmons has transitioned to a female. Defendant Radar published the following false 9 statements of and concerning Mr. Simmons (collectively referred to as the "March 22 Offending 10 Statements"): 11 a. Mr. Simmons is "the latest Hollywood star to secretly undergo a sex change"; 12 b. "National Enquirer broke the explosive news with a jaw dropping cover story that 13 features never-before-seen photos of Simmons living as his female identity, 14 Fiona"; 15 c. "The incredible pictures of Simmons, 67, with flowing brunette locks and 16 womanly curves are photoshop-free"; 17 d. "This is not just Richard Simmons in drag, this is Richard dressed as a softly 18 spoken woman named Fiona"; 19 e. "Like [Caitlyn] Jenner, Simmons has opted for a breast implant surgery, hormone 20 therapy, and a host of other invasive changes to create the transformation the 21 Enquirer reported"; 22 f. 23 "He's secretly been adventuring out of his Hollywood Hills home dressed as a woman for months." 24 60. The March 22 Offending Statements are libelous on their face. Additionally, 25 because the March 22 Offending Statements impute unchastity on Mr. Simmons, they are libelous 26 per se. 27 28 61. The March 22 Offending Statements are reasonably susceptible of a defamatory meanmg. The video and accommodating text insinuate that Mr. Simmons has undergone a sex23 COMPLAINT 1 change surgery to change from a man to a woman, and leave such an impression in the viewers' 2 mind. Moreover, the defamatory statement about Mr. Simmons "dressed as a softly spoken 3 woman named Fiona," insinuates that Mr. Simmons has an identity crisis or possibly multiple 4 personalities. The statement "Simmons has opted for a breast implant surgery, hormone therapy, 5 6 and a host of other invasive changes to create the transformation" insinuates that Mr. Simmons has undergone medical procedures and plans to undergo further medical procedures to replace 7 8 9 his male sexual organs with those of a female. 62. Beyond Radar's false insinuation that Mr. Simmons has and continues to undergo 10 sex-change surgery, the video and its contents are flat-out false under any reasonable meaning. 11 Mr. Simmons has not undergone or even contemplated sex-change surgery, or any surgery 12 whatsoever to change from a man to a woman; he has not used and does not use the name 13 "Fiona"; he is not living as a woman (or person) named Fiona; he does not have flowing brunette 14 15 16 locks and womanly curves; the pictures of Mr. Simmons with flowing brunette locks and womanly curves are not "photoshop-free"; Mr. Simmons has not "opted for" breast implant 17 surgery, hormone therapy, or any other invasive changes to create the transformation the 18 Enquirer reported; nor does he secretly adventure out of his Hollywood Hills home dressed as a 19 woman. 20 21 63. The March 22 Offending Statements were published with negligence and even Constitutional and actual malice with knowledge that they were false or with a reckless disregard 22 23 24 for the truth or falsity of what was reported including, but not limited to, tQ.e following ways: a. Defendants entertained serious doubts about the truth of the March 22 Offending 25 Statements or purposely avoided learning the truth because they were aware that 26 Mr. Simmons had not transitioned into a female after receiving several warnings 27 regarding the articles' falsity from Mr. Simmons' representatives before 28 24 COMPLAINT 1 publication. Moreover, Mr. Simmons even made a public announcement on June 2 14, 2016, stating that he was not transitioning and that the article was falsely 3 reported. Moreover, the March 22 Offending Statements cite the original June 22 4 Article by the National Enquirer, which was deemed false and inaccurate. 5 6 Nevertheless, defendants acted recklessly by republishing the abovementioned statements on the Radar website after receiving several warnings regarding the 7 8 articles' falsity, as well as notice regarding the unreliability of Mauro Oliveira, the 9 source who provided the false information. Moreover, in the face such 10 contradictory information, Defendant Radar did not even attempt to interview Mr. 11 Simmons, the only source who could confirm or deny the accuracy of the 12 information contained in the articles in order to verify the accuracy of said 13 14 15 16 information. b. Radar had a pecuniary motive for running a story that was dramatic and salacious in order to attract attention and boost viewership of Radar. 17 c. On information and belief, the genesis of this story came from Mauro Oliveira, an 18 individual who has for years, blackmailed Mr. Simmons and used threats of 19 reputational harm with the hope of obtaining monies from Mr. Simmons. 20 Defendants were aware of Mr. Oliveira's opportunistic behavior after receiving 21 22 23 24 notice from Mr. Simmons' representatives, but continued to republish the March 22 Article ·without further investigation into . Mr. Oliveira's · credibility. Furthermore, Radar had prior notice that Mr. Oliveira was not a credible or 25 reliable source after he contacted Defendant the National Enquirer; Radar's 26 tabloid sibling, on at least three separate occasions offering three completely 27 different and inconsistent stories regarding Mr. Simmons's media absence. 28 25 COMPLAINT 1 d. Defendants had a predetermined bias against Mr. Simmons because they were 2 looking for anything to gain a leg-up on the media frenzy surrounding Mr. 3 Simmons's disappearance and media absence for the past few years. The National 4 Enquirer and Radar broke the story as a "World Exclusive" attempting to gain 5 sole credit as the first to sully Mr. Simmons' reputation and to drag him into the 6 morass. 7 e. Defendants purposely avoided the truth by failing to adequately fact-check to 8 9 confirm the accuracy of the March 22 Offending Statements or obtain 10 corroborating evidence before publishing the offending statements, where the 11 implication of the March 22 Offending Statements are serious enough to warrant 12 some type of substantiation. This was not "hot news" for which there was an 13 urgent need to publish without actual verification because Defendants had several 14 months to investigate the story before publishing it. 15 16 64. A demand for a retraction of the March 22 video and each of the statements and 17 their implications and impressions was made to the General Counsel of AMI, by letter dated and 18 transmitted by e-mail and Federal Express on April 6, 2017. As of the date of this filing, no 19 retraction has been made. 20 65. As a direct and proximate result of the above-described conduct by Defendants, 21 plaintiff has suffered general and special damages in an amount to be determined at trial in an 22 amount in excess of the minimum jurisdiction of the Superior Court, including without limitation, 23 damage to Plaintiff's reputation, career, and standing in the community. 24 66. Upon information and belief, Plaintiff alleges that each Defendant's conduct was 25 done with oppression, fraud and malice and that, therefore, the conduct of each Defendant 26 justifies an award of punitive and exemplary damages. 27 28 67. Upon information and belief, Plaintiff alleges that, unless enjoined and restrained by the Court, Defendants will republish, repeat and continue to disseminate the March 22 26 COMPLAINT 1 Offending Statements and their implications and impressions, all to the continuing injury of 2 Plaintiff; that such continued republication, repetition and dissemination of the defamatory and 3 offensive falsehoods will cause irreparable harm to Plaintiff by damaging his reputation and 4 adversely affecting his career and business efforts as well as his personal relationships. Upon 5 information and belief, Plaintiff alleges that he lacks an adequate remedy at law insofar as 6 damages will be very difficult to calculate for such on-going injuries. By reason of the foregoing, 7 Plaintiff is entitled to a permanent injunction enjoining and restraining Defendants, and each of 8 them, and all persons acting in concert with them, from republishing, repeating, distributing or 9 otherwise disseminating the March 22 article, the March 22 Offending Statements or any of their 10 implications and impressions to the extent such are found in this Action to be false. 11 FIFTH CAUSE OF ACTION 12 . INVASION OF PRIVACY- FALSE LIGHT 13 (Plaintiff Against All Defendants) 14 68. All previous allegations are realleged and incorporated herein by reference. 15 69. AMI, the National Enquirer, and Radar intentionally placed Mr. Simmons in a 16 false light in the public eye. Mr. Simmons's Cause of Action for False Light Invasion of Privacy 17 is a rare example of a case in which the False Light tort and the Defamation tort do not overlap, 18 but rather serve non-duplicative functions, involving distinct elements and distinct injury. In some 19 segments of the community, the false assertions that Mr. Simmons underwent a sex-change from 20 male to female were defamatory, damaging his reputation. In some other segments of the 21 community, however, the false assertions that Mr. Simmons underwent a sex change from male to 22 female would not be defamatory. Members of those segments of the community would not think 23 less of Mr. Simmons if he had in fact transitioned fro.m male to female. Even with regard to those 24 segments of the community, however, Mr. Simmons is entitled under the False Light Cause of 25 Action to recover for his internal emotional distress and injury, provided the false portrayal of 26 him is the sort of falsehood that would be highly offensive to an ordinary reasonable person. To 27 be falsely portrayed as having undergone shocking sex-change surgery, received breast implants, 28 27 COMPLAINT 1 undergone hormone therapy, and consulted a physician for castration in order to transition from 2 being male to female would be highly offensive to a reasonable person. The internal injury caused 3 by being victimized by such a highly offensive falsehood, separate and apart from any injury to 4 external reputation, is the injury for which Mr. Simmons seeks redress under this False Light 5 Cause of Action. The False Light Cause of Action is tailor-made to provide redress for this injury. 6 The False Light Cause ,of Action pleaded in this Court is not an attempt to obtain double-recovery 7 for the same harm, but rather seeks recovery for the distinct elements and harm encompassed by 8 the False Light tort. 9 70. The National Enquirer's and Radar's June 8th articles, Radar's June 15th article, 10 and Radar's March 22nd article (collectively referred to as the "Articles"), considered in their 11 particularized statements and their implications, were widely publicized by the Defendants. 12 71. The Articles as a whole and each of the statements and their implications and 13 impressions, of and concerning Richard Simmons, are false. Mr. Simmons is not a woman; he 14 has not undergone or contemplated sex-change surgery, or any surgery whatsoever to change 15 from a man to a woman; he has not slowly transformed, or transformed in any way, into a 16 female; he has not had breast implants; he has not had hormone treatments; he has not had 17 medical consultations on castration; he has nothad a "boob job" or "castration surgery"; he is not 18 the "new Caitlyn Jenner"; he has not been "exposed"; he is not living in a "bizarre new world" as 19 a woman; he has not used and does not use the name "Fiona"; he is not living as a woman (or 20 person) named Fiona; he has never considered, and is not considering, having a vagina built by 21 doctors; his brother Leonard has never expressed or maintained any opinion on any sex change 22 by Mr. Simmons (since none has ever been contemplated) and does not believe that Mr. 23 Simmons' conduct in any way conflicts with their Catholic upbringing - 24 fully supports Mr. Simmons. 25 72. to the contrary, he For the reasons previously alleged in Defamation Causes of Action I-V, the 26 falsehoods upon which Mr. Simmons Cause of Action for False Light Invasion of Privacy are 27 predicated were published with knowledge of their falsity or with reckless disregard for their truth 28 28 COMPLAINT 1 or falsity. 2 73. For the reasons previously alleged in Defamation Causes of Action I-V, the 3 falsehoods upon which Mr. Simmons Cause of Action for False Light Invasion of Privacy are 4 predicated were published in a grossly irresponsible manner and negligently, with want of due 5 care. 6 74. A demand for a retraction of the Article and each of the Statements and their 7 implications and impressions was made_ to .AMI' s General Counsel, by letter 8 transmitted by e-mail and Federal Express on June 21, 2016. As of the date of this filing, no 9 retraction has been made. 10 75. and As a direct and proximate result of the above-described conduct by Defendants, 11 plaintiff has suffered general and special damages in an amount to be determined at trial in an 12 amount in excess of the minimum jurisdiction of the Superior Court, including damage to 13 Plaintiff's reputation, career and standing in the community. 14 76. Upon information and belief, Plaintiff alleges that each Defendant's conduct was 15 done with oppression, fraud and malice and that, therefore, the conduct of each Defendant 16 justifies an award of punitive and exemplary damages. 17 77. Upon information and belief, Plaintiff alleges that, unless enjoined and restrained 18 by the Court, Defendants will republish, repeat and continue to disseminate the article and 19 statements and their implications and impressions, all to the continuing injury of Plaintiff; that 20 such continued republication, repetition, and dissemination of the defamatory and offensive 21 falsehoods will cause irreparable harm to Plaintiff by damaging his reputation and adversely 22 affecting his career and business efforts as well as his personal relationships. Upon information 23 and belief, Plaintiff alleges that he lacks an adequate remedy at law insofar as damages will be 24 very difficult to calculate for such on-going injuries. By reason of the foregoing, Plaintiff is 25 entitled to a permanent injunction enjoining and restraining Defendants, and each of them, and all 26 persons acting in concert with them, from republishing, repeating, distributing or otherwise 27 disseminating the article, the statements or any of their implications and impressions to the extent 28 29 COMPLAINT 1 such are found in this action to be false. 2 3 4 PRAYER FOR RELIEF Wherefore, Plaintiff prays for judgment against the Defendants, and each of them, as follows: 5 1. For general damages according to proof; 6 2. For compensatory damages according to proof; 7 3. For special damages for pecuniary 8 4. For punitive damages; 9 5. For an apology and retraction; according to proof; 10 6. For a permanent injunction; 11 7. For pre-judgment interest as allowed by law; 12 8. For costs of suit; and 13 9. For such other and further relief as this court may deem just and proper. 14 15 16 SON & JOHNSON LLP DATED: May 8, 2017 By 17 18 19 20 21 22 23 24 25 26 27 28 30 COMPLAINT 1 2 3 DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury. JOHNSON & JOHNSON LLP DATED: May 8, 2017 4 5 6 By 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 COMPLAINT EXHIBIT 1 . ?i SECREI . .. (Asmnon 'f YES. . PHOTO . 13'. a. v. I I if" IMMNS: NWA ME Inside HerBizarre - Why She?s The New Caitlyn Jenner SITION OFATV I HER AMAIING STORY 8. PHOTOS INSIDE EIGHT loss expert Richard Simmons has undergone shocking swap surgery to change from a man to a woman - and The National ENQUIRER has the eye· popping world exclusive photos to prove It! Now living as a gal named Fiona, the bizarre old "Sweat,n' to the Oldies" W l&TIONAI. sensation hid In his nearly · $5 mUlion Hollywood Hiiis mansion for two long years as he slowly tran,sformed Into a female with breast Implants, hormone treatments and medical consultations on castration! A pal told The ENQUIRER thatthe outl'and lsh ptdure of the 20, 2016 5-foot-7 celeb draped in fur-trimmed lingerie and clutching his crotch while he shows off a shapely leg is "not just Richard Simmons In drag. This is Richard dressed as a softly spoken woman named Fiona!" At the time the photo was snapped, Richard was proud to show off his new curves for the camera, the friend added. But then Richard, known for frequent and vary public emotional meltdowns, went into sedusio,n yet again, t he lnforma,n t said. Officially, Richard was last seen in public at the 2013 Macy's Thanksgiving Day Parade - 924 days ago. Since then, some insiders have Insisted he was being held captive by a housekeeper who employed "black magic" to control him while others worried he was depressed and possibly suicidal. Even his best friends didn't know what had happened to him. His surprising new life was buried SO deep, one pal called the police to report ·1 he was being abused - but when cops visited Richard's home, they oou.ildn't fjnd any evidence to support the cha1119e!' Onf;I·y·ear·ago. fOrmor 8!mployee Mauro OHwfra.told The ENQUlRER Richard In of h8'p.# Mauro revealed he'd called the star's brother, Leonard, who lives In New Orleans, in a desperate attempt to rescue REchard. But 1 they all got nowhere - and R[chard stayed out o f sight. An Insider revealed t he star - long at the center of gay 90$$EP - sa Id he felt there was ... someone trapped inside of - and his mysterious disappearance 's a!ll about turning 'nto Ffona for keeps! "He had a bo.o b job, and his breasts are like he had been taking hormones to make them the pal told The ENQUIAE_R. nHe had huge mood swings, too, which we to hormo111 th,er -PY·'' Another spy toldiThe ENQUIRER that Richard has gone 'nearly '" the wav anq ls npW considering r.a,vina buHt 1bydoctors.u . Just.Elke ,reaHty TV sex swappeir Bruce Jenner, who bee.ame a woman named Caitlyn, the p1nt-.slzed Deaf., A- Meal d iva 0 never really felt comfortable being a mam He felt he was a woman trapped in a man's body," said the source. :Richard ·flaunted his new Identity on the balcony of a Miami hotel before beginning his self-Imposed exile, the pal continued. Since then, Fiona - wearing wigs artd fabulou:s.fashions has strutted her -s wff during gfrls' nights out In Buenos and JUNE 20, 2016 Italy, , 1i' and p·o sed seductively at his L.A. home in a black wig and thigh-high boots. The first time Richard dressed as Fiona In front of his close friend was in 2013 during a visit to Brazil. He and his entourage first ·stopped off in Buenos Aires where they went out to dinner. Richard was accompanied by a male assistant and his marnager, Michael Cata•ano, the friend detailed. "Richard behaved and spoke as a woman the whole evening," dished the snitch. "He was wearing a rainbowcolored wig, was very softly spoken and had all the mannerisms of a woman. He appeared to be totally natural and comfortable as a woman. I was quite shocked and surprised, but to Richard and his man'ager, it seemed like the most natural thing in the world!" Richard dressed as Fiona while dining at the Miami Restaurant & Lounge in Miami Beach. There, he was also fHmed slngl ng aJingle Bells., while tapping wine g lasses. w th sHverwa re. seem worried 1 i'He about being recognlz:ed as Richard Simmons when he WH dressed as Fiona.U said the friend. "He also used his real name, Milton, to check into hotels and make restaurant reservations, so no one realized who he was. Even though he was with some strangers at dinner, friends of friends, he was happy to be there as a woman." Just before a trip to Europe in early November Richard dressed more 1 1 NAL ...,.,.... JUNE 20, 2016 .. ttly in a seductive his legs flung Into le lounging at just decided to m way as Fiona this pose at his :ording to the pal. Venice, a Kelly Osbournee wig while riding everyone :ed Richard's 1tion. A source said els the sex change ith their Catholic I. th grew up as \th their parents dished the ard thought it :ite that Richard :h as Fiona. They have some conflict As well as wanting to turn Into a woman away from the public eye, Richard suffered medical and emotional setbacks that contributed to his decision. to retreat from the world, the spy added. "He had bad knees and his dog had died," the friend divulged. "He had a medical diagnosis that affected him and then he became reclusive. I think he became mentally weak because of everything he was going through.'' The pal added he hopes Richard will eventually· "speak out and tell his fans what has really happened. People are worried about him, they love him and they want to know the truth about him. Once they meet her, I know they'll love . Fiona, tool" - GRANT HODGSON In Los Angeles I JUNE 20, 2016 NATIONAL.,,,,,.,,,,.. 21 i EXHIBIT 2 Sex Change Bombshell: Richard Simmons Is Secretly Living As A Woman! I Radar Online 4/20/2017 !llll!lliil ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY EMAIL US A TIJ.' BREAKING NEWS Sex Change Bombshell: Richard Simmons Is Secretly Living As A Woman! Find out why he's been hiding from his fans . By Radar Staff • Posted on Jun 8, 2016 @ 8:00AM Watch: Richard Simmons Is Secretly Living As A Woman! Move over, Caitlyn Jenner. RadarOnline.com has learned that Richard Simmons is the latest Hollywood star to secretly undergo a sex change! The National ENQUIRER broke the explosive news today with a jaw-dropping cover story that features never-beforeseen photos of Simmons living as his female identity, Fiona. The incredible pictures of Simmons, 67, with flowing brunette locks and womanly curves are photoshop-free. And a friend of the exercise guru insisted, "[This is] not just Richard Simmons in drag. This is Richard Radar Online Newsfeed spoken woman named Fiona!" Trending Articles KATY DISSES JOHN! PERRY IS SAVAGE WITH POST-BREAKUP GIFT. .. Find out what Katy did with John's gift! OKate Middleton is SO skinny'··· I Teen Mom' Love Child Scandal I ls Jenelle's New http://radaronline.com/videos/richard-si mm ons-wom an-sex-change-national-enqui rer-photos/?utm_source=twitterfeed&utm_medi um=twitter 117 Sex Change Bombshell: Richard Simmons Is Secretly Living As A Woman! I Radar Online 4/20/2017 smm ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY A TIP Powered By £3 PHOTOS: Bruce Jenner's Transformation Exposed In 91 Shocking Pies Like Jenner, Simmons has opted for breast implant surgery, hormone therapy, and a host of other invasive changes to create the transformation, The ENQUIRER reported. And while he's yet to make a public announcement, the magazine said he's secretly been venturing out of his Hollywood Hills home dressed as a woman for months. Radar exclusively reported in March that Simmons had begun dressing as a female on occasion. PHOTOS: She's Out & About! Caitlyn Jenner In Public For First Time Since Vanity Fair' Blockbuster -- What She Did Explained In 1O Photos "Richard would go into great detail about the outfits he would wear,'1 an insider said at the time. "It's a fun thing for him to do.'' The news comes amid mounting concern for the former fitness guru. Simmons has not been seen in public for nearly 1,000 days. As Radar reported, he broke down in tears during an LAPD welfare check at his home in January 2015. And this past weekend, he was hospitalized in Los Angeles for dehydration . Story developing. Richard Simmons COMMENTS Hey guest, welcome to Radar Online! Sign up and become a member. Facebook Google Twitter Email Conversation {735) Radar Online Newsfeed Sort by Best Login Add a comment... Teen Mom' Love Child Scandal I ls Jenelle's New http://radaronline.com/videos/ri chard-simm ens-worn an-sex-change-national-enqui rer-photos/?utm _source=twitterfeed&utm_m edium =twitter 217 4.120/2017 Boob Job & Hormone Treatments! See Bombshell Richard Simmons' Post-Surgery Photo I Radar Online ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY PROOF! Boob Job & Hormone Treatments! See Bombshell Richard Simmons' Post-Surgery Photo 46 HARE. But the procedures have had a very nasty side effect. By Radar Staff • Posted on Jun 8, 2016 @ 12:26PM 'Teen Mom' Love Child ScandaJl Js Jenelle's New ... http://radaronline.com/celebrity-news/richard-simmons-boob-job-hormones-treatments-transition/ 1/21 Boob Job & Hormone Treatments! See Bombshell Richard Simmons' Post-Surgery Photo I Radar Online 4/20/2017 ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY of Simmons' told The National ENQUIRER. MAILU Unfortunately, the treatments to feminize his appearance have had a bad side effect. SPONSORED Ready To Nerd Out? Check Out The Natural History Museum Of Los Angeles County Science communicator and self-proclaimed nerd Cara Santa Maria experiences the Natural History Museum in her own unique way. Ad by National History Museum Of Los Angeles County a "He had huge mood swings, too, which we attributed to hormone therapy," noted the pal. Trending Articles So this is what the truth feels like! Gwen Stefani might gush over .. feen Mom' Love Child Scandal! Is Jenelle's New ... http://radaronline.com/celebrity-news/richard-simmons-boob-job-hormones-treatments-transition/ 2121 4/20/2017 Boob Job & Hormone Treatments! See Bombshell Richard Simmons' Post-Surgery Photo/ Radar Online ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY ' II> .,. ' , - I - , , • - EMAIL US - tlr:I Powered By Cal PHOTOS: Hollywood Hattie! Caitlyn Jenner Draws Big Crowd Filming 'I Am Ca it' At LGBT Center -- Super Starlet Sizzles In The Rain In 9 Splashy Pies As RadarOnline.com reported, Simmons is now living as his female identity, Fiona. The ENQUIRER was the first to break the news and divulge incredible Photoshop-free pictures of Simmons, 67, with flowing brunette locks and womanly curves. Even before the treatments, the gender-bending fitness guru was never very shy about hiding his feminine side. He often appeared in public wearing tiny tutus, dresses and other womenswear. PHOTOS: Mom Came Around - Esther Jenner Will Finally Accept Caitlyn! 8 New Photos 0 Daughter! In the wake of Simmons' publicist Tom Estey denying the story- he claimed it was "total . crap" - The ENQUIRER provided Radar with this bombshell image. MORE JUICY CONTENT Teen Mom' Love Child Scandal! Is Jenelle's New http://radaronline.com/celebrity-news/richard-simmons-boob-job-hormones-treatments-transition/ 3/21 Boob Job & Hormone Treatments! See Bombshell Richard Simmons' Post-Surgery Photo I Radar Online 4120/2017 ANGELINA JOLIE AARON HERNANDEZ SUICIDE Brad Pitt Reportedly Dating Again After Angelina Jolie Split JOY ANNA PREGNANCY Charlie Murphy's Final Tweet Will Make You TearyEyed According to the friend, the shocking image of a topless Simmons on the balcony of a Miami hotel was snapped shortly before he began his self-imposed exile several years ago. 'Teen Mom' Love Child Scandal! Is Jenelle's New http://r adaronl i ne. com/eel ebri ty-news/ri chard-s i mm ons-boob-j ob-horm ones-!realm ents-transition/ 4/21 Secret Confession! Richard Simmons Told Friends About His Gender Issues I Radar Online 4/20/2017 ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY EXCLUSIVE Secret Confession! Richard Simmons Told Friends About His Gender Issues By Radar Staff • Posted on Jun 8, 2016@ 14:1 SPM II Richard Simmons has been living a life of freedom behind the walls of his Hollywood home, ever since deciding to embrace life as a woman. But on the heels of The National ENQUIRER's explosive world exclusive on his shocking sex change, RadarOnline.com can reveal that he secretly struggled with his gender identity for years! Richard Simmons Richard Simmons has been living a life of freedom behind the walls of h is Holl\fwood lrome, since deciding to embrace life as a woman. But on the heels of The National expl t1'lll world exclusive on his shocking sex change, RadarOnline.com can revea!ihat he secretly struggled with his gender identity for years! COMMENTS Hey guest, welcome to Radar Online! Sign up and become a member. Facebook Google Twitter Email HOT PHOTOS VERY IMPORTANT PHOTOS: HERE'S WHO WE SPOTTED OUT AND ABOUT IN THE LAST 24 HOURS Teen Mcrn' Love Ct1ild Scandel! Is Jenelle'$ N&w http://radaronl i ne. cem/phetos/secret-confessi on-ri chard-si mm ens-tel d- friends-about-his-gender-issues/ 4/20/2017 Richard Simmons Hiding Sex Change Secret Despite Post-Transition Photo J Radar Online ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY DESPERATE COVER-UP! Richard Simmons Hiding Sex Change Secret Despite PostTransition Photo A rep for the fitness guru denies the shocking transformation. By Teresa Roca Posted on Jun 8, 2016 @ 16:03PM SHARE Richard Simmons secretly transitioned from a male to a female while in hidin for 924 da s. Despite a post-surgery photo, the fitness guru refuses to admit his bombshel http://r adaronl ine. com/eel ebri ty-news/ri chard-si mm ens-sex-change-cover-up-denial/ /' ·reen Mom' Love Child Scandal! Is Jenelle's New .. 1/11 Richard Simmons Hiding Sex Change Secret Despite Post-Transition Photo I Radar Online 4/20/2017 lllll!llB ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY and has a bum knee . He is still on Twitter and Facebook and works behind the scenes continuing to inspiri> ;inrl motivate people to lose weight. When he decides to come back, he will comt.. _..1c ... · EMAIL us A TIP Etsey explained that the actor was admitted to the hospital over the weekend for dehydration. Trending Articles AARON HERNANDEZ DEATH SCENE DETAILS: BLOOD, A BIBLE & A.. Chilling new details of Aaron Hernandez' prison death scene will Powered By E3 PHOTOS: Secret Confession! Richard Simmons Told Friends About His Gender Issues "He's a human being," he said. "He was in the public eye for over three decades, but he deserves his privacy. He should be able to have a private life. He just needed a break. He is still taking care of the people who need his help." Despite the denial, The ENQUIRER released never-before-seen photos of Simmons living as Fiona, his female identity! "[This is] not just Richard Simmons in drag," a source told THE ENQUIRER. "This is Richard dressed as a softly spoken woman named Fiona!" PHOTOS: Working Out His Womanhood! Richard Simmons' Years Of Gender Bending Simmons has undergone procedures to live fully as a woman. "He had a boob job, and his breasts are like he had been taking hormones to make them grow," the insider said . "He had huge mood swings, too, which we attributed to hormone therapy." The comedian has reportedly been out of his Hollywood Hills home dressed as a woman. PHOTOS: Busting Out! Caitlyn Jenner's Nipples Revealed Through Her Tight Shirt MORE JUICY CONTENT Tesn Mom' Love Child Scandal! Is Jenelle's New http://radaronline.com/celebrity-news/richard-simmons-sex-change-cover-up-denial/ 2/11 Richard Simmons Hiding Sex Change Secret Despite Post-Transition Photo I Radar Online 4/20/2017 Sl!lllil ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY Michelle Obama Rocks Her Natural Hair And The Internet Goes Nuts Biden Was Crushed by 'Silent Rebuke' From Obama Caitlyn Jenner Confirms Gender Reassignment Surgery "Richard would go into great detail about the outfits he would wear," a source told Radar in March. "It's a fun thing for him to do." Do you think Simmons will confess the sex change soon? Tell us in the comments! YOU MAY LIKE Sponsored Links by Taboola Fans Stunned As Joanna Blurts Out Why She Left 'Fixer Upper' Joanna Troubled News Anchor Does The Unthinkable On Air www.smartchoiceshea.lthyliving.com Teen Morn' Love Child Scandal! ls Jenelle's New .. http://r adaronl i ne. com/eel ebri ty-news/ri chard-s i mm ans-sex-change-cover-up-denial/ 3/11 Sex Change Scandal Exposed! Inside Richard Simmons' New Life As 'Fiona' I Radar Online ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY You can't see it. And one man's doing wt1at he can to help it stay that way. That's the Power of I T r- fiMAIL us A nr U'-1.edu THE LATEST Sex Change Scandal Exposed! Inside Richard Simmons' New Life As 'Fiona' By Radar Staff Posted on Jun 13, 2016@ 6:48AM Richard Simmons has lived a reclusive life for years - and he's emerged from hiding as a woman! The new issue of The National ENQUIRER reports the fitness guru underwent a sex change. Richard Simmons has lived a reclusive life for years - and he's emerged from hiding as a woma The new issue of The National ENQUIRER reports the fitness guru underwent a sex change. COMMENTS Hey guest, welcome to Radar Online! Sign up and become a member. Facebook Google Twitter Email HOT PHOTOS VERY IMPORTANT PHOTOS: HERE'S WHO WE SPOTTED OUT AND ABOUT IN THE LAST 24 HOURS II http://radaronline.com/photos/richard-simmons-woman-sex-change-transition/ 112: Sex Change Scandal Exposedl Inside Richard Simmons' New Life As 'Fiona' I Radar Online 4/20/2017 1= ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY EMAIL US A TIP THE LATEST Sex Change Scandal Exposed! Inside Richard Simmons' New Life As 'Fiona' By Radar Staff Posted on Jun 13, 2016 @l 6:48AM lh I But what is it like inside her bizarre new world? f,• But what is it like inside her bizarre new world? COMMENTS Hey guest, welcorne to Radar Online! Sign up and becorne a rnernber. Facebook HOT PHOTOS VERY IMPORTANT PHOTOS: HERE'S WHO WE SPOTTED OUT AND ABOUT IN THE LAST 24 HOURS http://radaronline.com/photos/richard-simmons-woman-sex-change-transitiof'/ Google Twittet Email Sex Change Scandal Exposed! Inside Richard Simmons' New Life As 'Fiona' I Radar Online 4/20/2017 ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY [l> EMAIL US A TIP THE LATEST Sex Change Scandal Exposed! Inside Richard Simmons' New Life As 'Fiona' By Radar Staff Posted on Jun 13, 2016@ 6:48AM II II[. Simmons reportedly went into hiding for 924 days to complete the transition. Simmons reportedly went into hiding for 924 days to complete the transition. COMMENTS Hey guest, welcorne to Radar Online! Sign up and become a mernbe1 Face book Google I I Email f HOT PHOTOS VERY IMPORTANT PHOTOS: HERE'S WHO WE SPOTTED OUT AND ABOUT IN THE LAST 24 HOURS •I http://radaronline.com/photos/richard-simmons-woman-sex-change-transition/ 1/2 Sex Change Scandal Exposed! Inside Richard Simmons' New Life As 'Fiona' I Radar Online 4/20/2017 ANGELINA JOLIE AARON HERNANDEZ SUICIDE ;....,HOME + L ---, F1 E ·-··i:';t 1·" , . ..., Co.nn..ct wl'toh me ta JOY ANNA PREGNANCY losAnge[es Al lst ate Morris Bak as bctli h • CON ACTi THE LATEST Sex Change Scandal Exposed! Inside Richard Simmons' New Life As 'Fiona' By Radar Staff Posted on Jun 13, 2016@ 6:48AM SHARE The actor goes by the name Fiona, insiders say. The actor goes by t he nam e Fiona, insiders say. COMMENTS Hey guest, welcome to Radar Online! Sign up and become a member. Facebook Google Email Twitter HOT PHOTOS VERY IMPORTANT PHOTOS: HERE'S WHO WE SPOTTED OUT AND ABOUT IN THE LAST 24 HOURS 11 ·r http://radaronline.com/photos/richard-simmons-woman-sex-change-transitionl I I II 112. 4/20/2017 Sex Change Scandal Exposed! Inside Richard Simmons' New Life As 'Fiona' J Radar Online t'1:BUI! ANGELINA JOLIE AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY s,5 11 DISCOVER A TIJAT CONNECTS THE WORLD TOGETMEH .. " .. U "' ' '"". .- ... ·, · fL ,'( Panamo·....' , ii ·11 copaAlrllnes f!I . , . . ·.: THE LATEST Sex Change Scandal Exposed! Inside Richard Simmons' New Life As 'Fiona' By Radar Staff Posted on Jun 13, 2016 @l 6:48AM I Id Sources claim Simmons went under the knife for a boob job and castration surgery. Sources claim Simmons went under the knife for a boob job and castration surgery. COMMENTS Hey guest. welcome to Radar Facebook HOT PHOTOS VERY IMPORTANT PHOTOS: HERE'S WHO WE SPOTTED OUT AND ABOUT IN THE LAST 24 HOURS http://radaronline.com/photos/richard-simmons-woman-sex-change-transitior\! Online! Sign up and become a member. Google Twitter Erm1il Sex Change Scandal Exposed! Inside Richard Simmons' New Life As 'F iona' I Radar Online 4/20/2017 m:zl!!I ANGELINA JOLIE 8 i ul DIRECTV' 1 .Al&1 lnttf.:rnei:: AARON HERNANDEZ SUICIDE JOY ANNA PREGNANCY Get 4 receivers, -ncluding an HDDV THE LATEST Sex Change Scandal Exposed! Inside Richard Simmons' New Life As 'Fiona' By Rada r Staff Posted on Jun 13, 2016@ 6:48AM Ml1hllr Shocking photos obtained by Th e ENQUIRER show the comedian has been living his life as a woman! Shocking ph oto s obt ained by The ENQUIRER show the comedian has been living his life as a woman! COMMENTS Hey guest, welcorne to Radar Online! Sign up and becorne a rnernber. face book Google Twitter Email HOT PHOTOS VERY IMPORTANT PHOTOS: HERE'S WHO WE SPOTTED OUT AND ABOUT IN THE LAST 24 HOURS 'ken Mom· LovE- Chdd Sc::u1dall ls Jenelle;; I.Jew http://radaronline.com/photos/richard-simmons-woman-sex-change-transition/ 112 4/20/2017 Sex Change Scandal Exposed! Inside Richard Simmons' New Life As 'Fiona' ]!;llEl.I ANGELINA JOLIE AARON HERNANDEZ SUICIDE I Radar Online JOY ANNA PREGNANCY Sort by Bes t Add a comment.. Bellaj 6 13Jun RADAR'S FREE NEWSLETTER I've sai d it before. She is a milli on t imes mo re beautiful t han Kaitli n co uld ever be. Kaitlin is vapid and ugly on the inside. Fiona is beautiful inside and out. JUICE Reply · Share enter your email address 1 Like · 1tlBr I 1.)1 realist BellaJ 13 Ji;n HE. Not she. HE. Having your organ lopped off does not a real woman make. No amount of estrogen in the world makes a man a woman. Cut the PC bee ess. Reply Share . Hiya 13j•m just leave hirn alone Reply Share Bella Chanel 13 Jun Good Lord this man is UGLY ... yes I said man cause that's what he is ... he's so hideous he would make swine flu run the other way Reply T © 2017 Radar Online, LLC Share Privacy Powered by BS http://radaronline.com/photos/richard-simmons-woman-sex-change-transition/ Acid Sµot.IM to your 5ite Advertisers Privacy Policy Terms of Use 212 EXHIBIT 3 11m,g.1e Jeffrey D. Goldman Direct: (310) 785-5386 Fax: (866) 297-8774 JGoldman@jmbm.com 1900 Avenue of the Stars, 7th Floor Los Angeles, California 90067-4308 (310) 203-8080 (310) 203-0567 Fax www.jmbm.com June 21 , 2016 VIA E-MAIL AND FEDERAL EXPRESS National Enquirer American Media, Inc. 4 New York Plaza New York, NY 10004 To \Vb.om It May Concern : We are litigation counsel for Richard Simmons. In its issue dated June 20, 2016 (published earlier in June)., the Enquirer remarkably devoted its entire cover to a series of articles alleging that Mr. Simmons has transitioned into a female. At their core, these stories arc fundamentally and knowingly false, misleading, malicious, defamatory, outrageous, despicable, and extremely harmful to Mr. Simmons, who has been and will continue to be personally and professionally devastated by the inesponsible, reckless, and unlawful publication of this material. It is particularly ha11nful to him in that it puts him to a Robson's Choice of either (l) denying the falsehoods, thereby implying he believes that transitioning is something to be ashamed of, which he certainly does not, or (2) allowing the falsehoods to be tacitly "verified" by his silence, thereby contributing to a false narrative about who he is and how he lives his life, and distorting and misrepresenting the facts of his life and legacy. These false and defamatory statements have therefore put Mr. Simmons - who the Enquirer and Radar Online know is now seeking to maintain a normal, private life away from the public spotlight - in the untenable position of being forced to publicly discuss matters on which he has never before chosen to take a public pos ition. Mr. Simmons has done nothing to justify this vicious and false attack on him and invasion of his privacy, which have made and continue to make Mr. Simmons' probable future return to the public spotlight more difficult, if not impossible, causing him tbe loss of many millions of dollars in expectable future earnings . The false statements in the articles include, but arc not limited to, the following: • Mr. Simmons is "NOW A WOMAN!" • He "has undergone shocking sex surgery to change from a man to a woman" • He has "slowly transformed into a female with breast implm1ts, hormone treatments and medical consultations on castration" A Limited Liability Law Partnership Including Corporations I Los Angeles• San Francisco• Orange County LA l296100 Jv3 National Enquirer June 21, 2016 Page 2 • He "had a boob job" • He had a "SECRET BOOB JOB & CASTRATION SURGERY" • He "is now considering having 'a vagina built by doctors ."' • He is "The J:\ ew Caitlyn Jenner" • He is "Now living as a gal named Fiona" • He "lS NOW CALLED Fiona!" • He is living in a "BIZARRE NEW WORLD" as a woman • Sex-change surgery was the "REAL REASON HE DISAPPEARED fOR 924 DAYS!" • He has been "EXPOS FD!" • His brother Leonard "feels the [nonexistent] sex change conflicts with their Catholic upbringing" • The photos published by the Enquirer are "not just Richard Simmons in drag." • The photos published by the Enquirer "prove" the foregoing lies. Similar statements have been published online, and continue to be published online, on nationalequirer.com and radaronline.com, and possibly other sites. Moreover, these online locations specifically urge and encourage readers to further disseminate these falsehoods through social media, exacerbating the damage to Mr. Simmons. Let us be absolutely clear: Mr. Simmons is not a vvoman; he has not undergone or contemplated sex-change smgery, or any surgery whatsoever to change from a man to a woman; he has not slowly transfonned, or 1rnnsformed in any way, into a female; he has not had breast implants; he has not had honnone treatments; he has not had medical consultations on castration; he has not had a "boob job" or "castration surgery"; he is not the "new Caitlyn Jenner"; he has not been "exposed"; he is not living in a "bizarre new world" as a woman; he has not used and does not use the name "Fiona"; he is not living as a woman (or person) named Fiona; he has never considered, and is not considering, having a vagina built by doctors; his brother Leonard has never expressed or maintained any opinion on any sex change by Mr. Simmons (since none has ever been t.:ontemplated) and LA 12961001 v3 National Enquirer June 21, 2016 Page 6 his case is (as I have advised him), for eve1yone's sake, it would be so much better if you .vould just do the right thing and fix this. Please call me. 1 Sincerely, JEF Jeffer Mangels Butler & Mitchell LLP cc: Karen L. Stetson, Esq. GrayRobinson 333 S.E. 2nd Avenue, Suite 3200 Miami, FL 33131 This letter is not intended, and should not be construed, as a complete is expression of Mr. Simmons' factual or legal positions with respect to this matter. it intended, and it should not be construed, as a waiver, relinquishment, release or other limitation upon any legal or equitable claims, causes of action, rights and/or remedies available to Mr. Simmons, all of which are reserved. ., M JM .' LA 1296100: v3 ·Jeffer Mangel' Butler & Mitchell LU' EXHIBIT 4 JOHNSONJLJOHNSON, LLP email: njohnson@jjllplaw.com April 6, 2017 Via U.S. Mail & Email Cameron Stracher American Media, Inc. 4 New York Plaza New York, NY 10004 cstracher@amilink.com RE: DEMAND FOR CORRECTION/RETRACTION March 22, 2017 Video Posted on Radaronline.com Dear Mr. Stracher: This firm is litigation counsel for Richard Simmons ("Mr. Simmons"). I am writing with regard to a video and accompanying text which was posted on http://radaronline.com/videos/richard-simmonspublic-appearance-bidding-war on March 22, 2017, falsely claiming that Mr. Simmons has transitioned to a female ("the Video"). This is a demand for retraction and/or correction pursuant to California Civil Code§ 48a and any other applicable statutory or common law requirements that require a demand for retraction or correction. This demand shall serve as notice with respect not only to the Video, but also with respect to the accompanying text, and to any and all written publications and websites, including, but not limited to Twitter and online forums maintained by American Media, Inc. ("AMI") and/or Radar Online (collectively, "You"), in which similar allegations about Mr. Simmons appear or have been repeated. On behalf of Mr. Simmons, we demand that you correct or retract the following libelous statements, which constitute defamation per se: • Richard Simmons is the latest Hollywood star to secretly undergo a sex change; • The National Enquirer broke the explosive news with a jaw dropping cover story that features never before seen photos ofSimmons living as his female identity, Fiona; • The incredible pictures ofSimmons with flowing brunette locks and womanly curves are photoshop-free; • This is not just Richard Simmons in drag, this is Richard dressed as a softly spoken woman named Fiona; 439 N. CANON DR., SUITE200, BEVERLY HILLS, CA 90210 PHONE (310) 975-1080 FAX: (310) 975-1095 www.jjllplaw.com Page 2 of3 • Like Caitlyn Jenner, Simmons has opted for a breast implant surgery, hormone therapy, and a host of other invasive changes to create the transformation the Enquirer reported; • He has been secretly adventuring out of his Hollywood Hills home dressed as a woman for months. Similar statements have been published online, and continue to be published online, on nationalenquirer.com and radaronline.com, and possibly other sites. Moreover, certain of these links specifically urge and encourage readers to further disseminate these falsehoods through social media, exacerbating the damage to Mr. Simmons. As you are well aware, Mr. Simmons has not undergone or even contemplated sex-change surgery, or any surgery whatsoever to change from a man to a woman; he has not used and does not use the name "Fiona"; he is not living as a woman (or person) named Fiona; he does not have flowing brunette locks and womanly curves; the pictures of Mr. Simmons with flowing brunette locks and womanly curves are not "photoshop-free"; Mr. Simmons has not "opted for" breast implant surgery, hormone therapy, or any other invasive changes to create the transformation the Enquirer reported; nor does he secretly adventure out of his Hollywood Hills home dressed as a woman. Your conduct in repeating these false allegations is particularly troubling as AMI is on notice that Mr. Simmons has not transitioned and that this story is entirely false. This was made clear to AMI on numerous occasions, including in correspondence from Mr. Simmons's prior counsel-Jeffrey D. Goldman of Jeffer Mangels Butler & Mitchell LLP-to you on June 21, 2016. You are also aware that the purported "source" for this false information-Mauro Oliviera-has recanted the story and seeks only to profit from spreading this false narrative. Mr. Oliviera's retraction of his story - as well as his profit motive-·were known to you and discussed between Mr. Stracher and counsel for Mr. Simmons throughout mid-2016. pec:i:ally in ligb.·t AMI being o:n notice of the falsity of the storv and tbe unreUabilib1 of tl!,e ,source (who has rscaated), AM:Ps action in runnjng thls sto.ry on Radar Online 'actual malice' ·.and to liability for, among 0th.er claims, defamation. invasion of privacy,. and intentional infliction of emotional distress. Mr. Simmons continues to be irreparably 1 damaged by the false statements and innuendo which have arisen as a result of this story and which are now part of daily life for Mr. Simmons, affecting his career and public image. Conseguen,flJ::.._Mr Simmons that you immediately issue a f'uJ] page correction andffir .retract (again, O:U. R fUH Dage of tb.e site) the forego.i:ng Statements lH. an effort to mitigate hi! damages. We further demand that you remove this false story (and any link thereto) altogether from all of your publications, including any online outlets owned, operated, or managed by AMI. Moreover, we demand that you maintain, and instruct your employees to maintain, all records, source material and notes relating to the story, including by not deleting any electronic mail or other electronic files relating to the story or this matter. Please confirm in writing within 48 hours of your receipt of this letter that the foregoing requests will be, and are being, complied with. Alternatively, please call me within the next 48 hours to discuss the manner in which you propose to comply. 439 N. CANON DR., SUITE 200, BEVERLY HILLS, CA 90210 PHONE www.jj llplaw.com (310) 975-1080 FAX: (310) 975-1095 Page 3 of3 This letter is not intended, and should not be construed, as a complete expression of Mr. Simmons' factual or legal positions with respect to this matter. Nor is it intended, and it should not be construed, as a waiver, relinquishment, release or other limitation upon any legal or equitable claims, causes of action, rights and/or remedies available to Mr. Simmons, all of which are reserved. Very truly yours, LLP 439 N. CANON DR., SUITE200, BEVERLY HILLS, CA 90210 PHONE (310) 975-1080 FAX: (310) 975-io95 www.jjllplaw.com