E-FILED 2/28/2018 3:09 PM Clerk of Court Superior Court of CA, County of Santa Clara 18CV323989 Reviewed By: G. Reyes 18CV323989 Suite 800 (040175219000 Irvine, California 92612 MANLY, STEWART FINALDI 19100 Von Karman AveGENERAL ALLEGATIONS AS TO THE PARTIES 1. This case arises from the serial molestation, sexual abuse and harassment of ALY RAISMAN, three?time Olympic gold medalist, by her trusted team physician and former Olympic Team Doctor Defendant Lawrence ?Larry? Gerard Nassar while ALY RAISMAN was a young girl and woman, competing for the honor of her country. These molestations of the Plaintiff occurred over several continents, on numerous occasions, and could have been prevented, had Defendants USA Gymnastics the United States Olympic Committee or former president of USAG, Defendant STEVE PENNY had taken the mandate of ALY safety, and numerous other minors in. their care, seriously. Despite having knowledge that NASSAR had been sexually abusive towards minor, been left in solitary contact with minor girls, and having been noti?ed that NASSAR was a pedophile (or could have learned of such through reasonable diligence), Defendants USAG, USOC, PENNY and DOES 1 through 500 instead put their quest for money and medals, above the safety of the Plaintiff and other minor competitive athletes; athletes who were responsible for the ?nancial success and prosperity of those Defendants. The Plaintiff, ALY RAISMAN, began her gymnastics career at the tender age of two (2) years old, and gained her inspiration from watching and re?watching a VHS tape of the ?Magni?cent Seven? at the 1996 Olympics held in Atlanta, Georgia and who won the Women?s Team Final. Since that time, ALY RAISMAN dedicated her childhood to the pursuit of honoring that legacy, competing in the Olympics, and winning a gold medal for her country. The Plaintiff accomplished this monumental goal by the age of eighteen (18) years old, all while being serially molested by her con?dant and trusted physician, NASSAR, under the watch of Defendants USOC, USAG, PENNY and DOES 1 through 500. 2. Despite having the power, authority, and mandate to do so, the Defendants USAG, USOC, PENNY and DOES 1 through 500 never intervened to discipline Defendant NASSAR, never ensured that Defendants USAG and NASSAR were following Defendant USOC rules and mandates, and through the express disregard for the safety of minors, allowed Defendant NAS SAR to continue in his position of trust, power and access to ALY RAISMAN, as well as numerous -2- COMPLAINT FOR DAMAGES Suite 800 (QAQI 257-0000 Irvine, California 92612 TelenhnnE' MANLY, STEWART FINALDI 19100 Von Karman Aveother elite minor athletes who competed with ALY RAISMAN. After Defendant NASSAR was only ?nally removed from his position at USAG, he continued to sexually abuse minors in his role as a physician for over a year. 3. To this day, ALY RAISMAN continues to suffer depression, anxiety and fear stemming from her abuse by Defendant NASSAR, which affects her daily life, including but not limited to the Plaintiff not trusting medical professionals, not trusting adult males, and constantly suffering from feelings of fear, anxiety, and depression. In addition to this and physical trauma suffered by ALY RAISMAN, the Plaintiff continued to train for years in pain, believing that Defendant NASSAR was properly treating her physical ailments associated with her sport. When she was young, ALY RAISMAN always felt guilty for thinking NAS SAR was weird, and questioned why she did not like the purported best gymnastics doctor in the world, though she did not understand the purported medical treatment she was receiving, at that time, was sexual abuse. Upon learning that this was not legitimate treatment, the Plaintiff suffered further humiliation, guilt, shame, and disgust. THE PLAINTIFF ALY RAISMAN 4. The Plaintiff ALY RAISMAN is now a young adult female who currently resides in the State of Massachusetts, who was born on May 25, 1994. The Plaintiff ALY RAISMAN was formerly an elite minor gymnast who was sexually abused by NASSAR believing this was medical treatment, while competing in National and International Competitions, including but not limited to competitions in California, Japan, the Karolyi Ranch in Huntsville, Texas (and other locations across the United States and internationally, including in Europe, Asia and Australia) that were hosted, sanctioned, supervised, and/or endorsed by, under the supervision of, chartered, and/or under the mandate of Defendants USAG, USOC, and DOES 1 through 500. During many of these events, the Defendants USOC, USAG, PENNY, and DOES 1 through 500, took care, custody and control of Plaintiff ALY RAISMAN and stood in loco parentis with her and her parents. Defendants USOC, PENNY and USAG had a duty to protect ALY RAISMAN from known or foreseeable dangers, such as Defendant NASSAR, and to investigate, censure, discipline, -3- COMPLAINT FOR DAMAGES (0401 Irvine, California 92612 I 19100 Von Karman Ave., Suite 800 Telenhnne' MANLY, STEWART FINALD and/or remove Defendant and/or take remedial actions; actions they never took until after the cessation of ALY abuse. 5. The Plaintiff was an elite level gymnast and member of Team USA who competed and trained in National and International competitions on behalf of the United States. These National and International competitions and trainings occurred in places including, but not limited to: Santa Clara County in California, the ?Karolyi Ranch? located in Huntsville, Texas and other locations across the United States and internationally, including the most elite competitions occurred in Asia, Australia, and Europe. During many of these competitions, the Plaintiff was subjected to sexual harassment, sexual assault, sexual abuse and molestation by Defendant NASSAR, including but not limited to competitions and trainings that occurred in Santa Clara County in California, at the Karolyi Ranch in Huntsville, Texas, in Japan, and other locations across the United States and internationally, including Europe and Australia. The Plaintiff was sexually abused on numerous occasions and at numerous locations in or around 2010 through in or around 2012, and in 2015. This sexual abuse of the Plaintiff occurred at events where Defendants USAG, USOC, PENNY and DOES 1 through 500 were responsible to supervise the Plaintiff, ensure proper medical procedures and protocols were followed, warn the Plaintiff of known dangers, and to provide for her safety. 6. This action is brought pursuant to Code of Civil Procedure ?340.1, which governs the statutes of limitations arising from childhood sexual abuse. As a victim of childhood sexual abuse, and a young adult under the age of 26 years old, thus, ALY action is timely. DEFENDANTS DEFENDANT, UNITED STATES OLYMPIC COMMITTEE 7. Defendant USOC, at all times mentioned herein, was and is a business entity of form unknown, having its principal place of business in the State of Colorado and is headquartered in Colorado Springs, Colorado. The USOC is a federally chartered nonpro?t corporation, which was reorganized by the Ted Stevens Amateur Sports Act, originally enacted in 1978. As advertised on its website, ?[t]he USOC has two primary responsibilities in its oversight of Olympic and Paralympic sport in the United States. The first is to generate resources in support of its mission, -4- COMPLAINT FOR DAMAGES Suite 800 (040i 752-0000 STEWART FINALDI Irvine, California 92612 1 100 Von Karman Ave., Telenhnnewhich is to help American athletes achieve sustained competitive excellence. The second is to ensure organizational resources are wisely and effectively used to that end.? Furthermore, Defendant . .USOC is committed to creating a safe and positive environment for athletes? physical, emotional and social development and to ensuring that it promotes an environment free of misconduct.? Under the Ted Stevens Amateur Sports Act, 36 US. C. ??220501, et seq. (hereinafter, ?Ted Stevens Act?) Defendant USOC had a mandatory obligation to ensure that before granting NGBs, including USAG, a sanction to host National or International events, that they provide ?proper medical supervision will be provided for athletes who will participate in the competitionaround 2011 through the cessation of the Plaintiffs sexual abuse by Defendant NASSAR, the ?Karolyi Ranch? was designated as being the United States? Olympic Training Center, thus, was required to follow all protocols, mandates, policies, bylaws, rules, and/or practices of Defendant USOC (as well as Defendant USAG). 9. During all relevant times during ALY abuse, Defendant USOC was responsible for ensuring that the Karolyi Ranch, provided adequate supervision for the minors competing thereat, reasonable safety protocols ensuring the safety of those minors, and reasonable supervision, training, and oversight procedures for all medical care provided to gymnasts at the Karolyi Ranch, including training of staff on identi?cation of sexual abuse, proper procedures, use of proper medical care, and staffing of ample medical personnel to ensure proper care of all minor gymnasts, including the Plaintiff ALY RAISMAN. Despite these duties under the law, Defendant USOC implemented virtually no safety protocols or procedures at the Karolyi Ranch, and failed to provide any supervision for minor gymnasts training at the Karolyi Ranch. 10. At all times relevant to the Plaintiffs sexual abuse at the hands of NASSAR, Defendant USOC was responsible for the Plaintiffs supervision while competing at the Olympics, the Olympic Trials, and the World Artistic Gymnastics Championships and trainings for such. Despite being the body responsible for the Plaintiffs safety during these events, including, being responsible for her supervision, medical care, and well-being, Defendant USOC provided entirely inadequate or effective measures to ensure her protection from the risk of sexual abuse, either at -5- COMPLAINT FOR DAMAGES STEWART FINALDI . . Suite 800 Irvme, California @2612 (940)742-0000 19100 Von Karman Telenhnne' MANLY the events or in her living quarters, where sexual abuse by NASSAR occurred. Despite competing in Australia, Japan, the United Kingdom and the Netherlands (among other international sites), the Plaintiff ALY RAISMAN was either provided no supervision while medical treatment was performed in her living quarters by NAS SAR or USAG employee Debbie Van Horn was present for such treatment. Based on information, and therefore belief, despite Ms. Van Horn being represented as a quali?ed medical professional, she was not properly trained to supervise NASSAR, not given mandate to do so, and was otherwise present for sexually abusive treatments that NASSAR would perform, without reporting such to law enforcement or the proper authorities. This is how and why NASSAR was allowed solitary access to these minors, including the Plaintiff ALY RAISMAN, or alternatively, was allowed to abuse minors (such as the Plaintiff) in the presence of USAG staff (Ms. Van Horn). 11. In 2010, during the Plaintiff ALY sexual abuse at the hands of NASSAR, Defendant USOC convened what it termed the ?Working Group for Safe Training Environments? in order to address, among many things, physical and sexual abuse of amateur athletes in National Governing Bodies It was not until 201 1, after this commission met, that Defendant USOC hired an individual to head its ?SafeSport? program and not until 2012 that a ?SafeSport? Handbook was adopted and promulgated safeguards and safety protections for minor athletes, from the ravages of sexual abuse. Despite only instituting these SafeSport policies in 2012, Defendant USOC was acutely aware of the ravages of sexual abuse posed to minors in amateur sports, for at least a decade prior to this SafeSport program being created, as they were informed by former Defendant USAG President, Robert ?Bob? Colarossi. See infra. 12. As a requirement for NGBs, such as Defendant USAG, to remain in ?good standing? with Defendant USOC, Defendant USOC policies require that USAG . comply with the safe sport policies of the corporation and with the policies and procedures of the independent safe sport organization designated by the corporation to enhance safe sport practices and to investigate and resolve safe sport violations (no exceptions to this requirement shall be allowed unless granted by the CEO, or his or her designee, after allowing the or PSO to present the reasons for such The Plaintiff is informed and believes, and on that basis alleges, COMPLAINT FOR DAMAGES Suite 800 Irvine, California 22612 (QAQ17S7JJQQO NLY, STEWART FINALDI 100 Von Karman Ave. Telenhnnethat the Safe, Sport program was introduced in or around 201 1, and that such policies have become more stringent over the years. Nevertheless, the Defendant USOC continued to fail to adequately enforce these policies against Defendant NASSAR, and has continually failed to uphold said policies through proper reporting, supervision, mandates on NGBS (including Defendant USAG), and other preventative procedures. Even as the SafeSport policies state today herein, Defendant USOC still failed to uphold these policies and procedures, had they been in?place at the commencement of ALY sexual abuse. Defendant USOC has and had a culture and atmosphere that conceals known and suspected sexual abusers, which transcends all policies and procedures that are set in?place. For this reason, Defendant USOC has a practice and culture of ignoring its own internal rules and mandates for NGBS, in order to protect its reputation and blind itself to known abusers within the ranks of NGBS for which it is responsible. 13. Moreover, the Defendant USOC currently promulgates the SafeSport policies that prevent . .USOC employees, coaches, contracted staff, volunteers, board members, committee and task force members, and- other individuals working with athletes or other sport participants while at an OTC, whether or not they are employees of the and training and/or residing at a USOC Olympic Training Center? from engaging in sexually abusive misconduct, including ?child sexual abuse? and ?sexual misconduct.? See USOC Safe Sport Policies, Section SafeSport policy also has policies for identifying ?grooming? behaviors, which it de?nes as, . .the most common strategy used by offenders to seduce their victims.? 14. Subsequent to sometime in 2012, Plaintiff is informed and believes and on that basis alleges that these policies (or prior versions that were similar or less restrictive) were in effect at Defendant USOC, and applied to Defendant USAG. Despite the existence of these policies after 2012, Defendant USOC allowed Defendant NASSAR to continue to participate with minor children at Defendant USAG, the NGB for Women?s Gymnastics, and failed to adequately enforce these policies, or mandate that Defendant USAG enforce these policies. Due to its systemic and knowing failure to enforce these policies, the Plaintiff was sexually harassed, abused, and molested by Defendant an individual who was subject to these policies. Plaintiff is informed, and on that basis, believes that Defendant USAG was at all times in ?good standing? with Defendant -7- COMPLAINT FOR DAMAGES STEWART FINALDI Suite 800 (04017.52-0000 9 19100 Von Karqian Ave. Irvme, Ca ifornia 02612 Telenhnne' MANLY USOC, despite failing to adhere to, and enforce the SafeSport policies, which it violated by allowing Defendant NASSAR access to minor gymnasts, including the Plaintiff ALY RAISMAN. Furthermore, in failing to report suspected child abuse of Defendant NASSAR and/or failing to enforce policies and procedures to prevent said sexual abuse of minors, the Defendant USOC prevented the Plaintiff and her parents from avoiding the sexual abuse of the Plaintiff and/or ceasing it sooner. 15. Further, Defendant USOC was required to ensure that NGBs, including Defendant USAG, ensure that ?proper safety precautions have been taken to protect the personal welfare of the athletics and spectators at the competition.? 36 US. C. Moreover, as part of an mandate from the Defendant USOC, it was to, ?encourage and support research, development, and dissemination of information in the areas of sports medicine and sports safety.? 36 US. C. ?220524(9). Had Defendant USOC performed its mandate reasonably, diligently, and in accord with its duty to protect minor children under both Federal and California Law, Defendant NASSAR would have been investigated, sanctioned, and/or removed from Defendants USAG, USOC, and others, and never have been placed in solitary contact with the Plaintiff. Defendant USOC never adequately or reasonably enforced these policies, thus, the sexual abuse perpetrated by Defendant NASSAR on the Plaintiff, as well as hundreds of other minor girls, was a natural, probable and foreseeable outgrowth of Defendant dereliction of its duties. Defendant USOC willfully blinded itself and its of?cers, agents, employees, and servants, to ravages of sexual abuse that were rampant in amateur sports and in organizations for which it was responsible to supervise, including Defendant USAG. 16. In March of 2017, under the United States Senate Judiciary Committee?s inquiry into the failure of the Defendants USAG and USOC in protecting gymnasts from sexual assault, speci?cally centered around Defendant NASSAR, the Defendant president publicly admitted, ?[t]he Olympic community failed the people it was supposed to protec 17. Plaintiff is informed, and believes, and on that basis alleges that Defendant USOC was aware, at the highest levels of its organization, that Defendant NAS SAR had molested Olympian and National Team level gymnasts who participated with Defendant USAG, an NGB -8- COMPLAINT FOR DAMAGES Suite 800 2612 3 (040175743000 Irvme, California Telenhnne' MANLY, STEWART FINALDI 19100 Von Karman Ave under Defendant charter, while Defendant NASSAR was permitted to return to his medical practice at Michigan State University without MSU being warned, advised or otherwise contacted by Defendants USOC or USAG regarding Defendant knowledge of sexual abuse of elite, minor gymnasts. Plaintiff is informed and believes, and on that basis alleges that despite having actual knowledge of Defendant NAS molestation of minor gymnasts as early as 2015, Defendant USOC concealed their involvement with Defendant USAG, concealed its knowledge of Defendant sexual misconduct with minor children, and ultimately, misdirected the United States Senate into believing that Defendant USOC had only failed to protect minor gymnasts through lack of oversight. Plaintiff is informed and believes, and on that basis alleges, that Defendant USOC knew that NASSAR had been removed from Defendant USAG for allegations of child molestation as early as 2015 (as it was Defendant custom and practice to necessarily learn of reports of child molestation by a NGB employee, like those made to Defendant USAG in 2015) given that Defendant USOC was responsible for the supervision of Defendant USAG. Nonetheless, Defendant USOC had representatives present at the March 2017 Senate Judiciary Committee Hearing and concealed their prior knowledge of Defendant NASSAR being a pedophile and sexual abuser; leaving the Senators, those present, and the public with the false impression that Defendant USOC simply failed to implement proper procedures to prevent abuse. During this hearing, and as early as 2015, Defendants USOC, USAG and PENNY had knowledge that Defendant NASSAR had abused young girls, and that he continued to sexually abuse young girls for over another year at MSU, without notifying, informing, or otherwise communicating this knowledge to MSU. 18. Under California Penal Code 11165.7, Defendant USOC is an organization whose employees, agents, and/or servants are legally ?mandated reporters?, considering that Defendant USOC is a youth recreational program and Defendant employees? duties require direct contact and supervision of children. DEFENDANT, USA GYMNASTICS 19. USAG, at all times mentioned herein, was and is a business entity of form unknown, having its principal place of business in the State of Indiana. Plaintiff is informed and believes, -9- COMPLAINT FOR DAMAGES Suite 800 (0401757,-0000 NLY, STEWART FINALDI Irvine, California 92612 1 100 Von Karman Ave, TelenbnnEthat basis alleges that USAG was incorporated in the state of Texas and/or Arizona. Defendant USAG is the NGB for gymnastics in the United States, as designated and permitted by Defendant USOC under the Ted Stevens Amateur Sports Act, and selects and trains the United States gymnastics teams for the Olympics and World Championships, promotes and develops gymnastics locally and nationally, and serves as a resource center for members, clubs, fans and gymnasts throughout the United States. USAG has more than 174,000 athletes and professional members, more than 148,000 athletes registered in competitive programs, as well as more. than 25,000 professional, instructor and club members. Approximately 4,000 competitions and events throughout the United States are sanctioned annually by USAG. USAG was the primary entity owning, operating and controlling the activities and behavior of its employee agents, including, but not limited to NASSAR. USAG is also the entity that selects gymnasts for the US National and Olympic Teams. 20. The bylaws of Defendant USAG, or similar bylaws previously enacted, were made in conformance and under the mandate of Defendant USOC, and were intentioned at protecting minor gymnasts, including ALY RAISMAN from the ravages of sexual abuse, molestation and harassment; a known, foreseeable and palpable risk posed to minor athletes in amateur sports. Nevertheless, despite these bylaws, rules, policies and procedures purportedly?being in effect at Defendant USAG, Defendant USOC never ensured, audited or checked to con?rm that these policies were effective and being implemented properly, adequately and in conformance with the standard of care. Had Defendant USOC upheld its duties under Federal Law (speci?cally, the Ted Stevens Act) in ensuring National Team members, including the Plaintiff ALY RAISMAN, were provided proper medical care and supervision, and that they were properly supervised at competitions andthe National Training Center (the Karolyi Ranch in Huntsville, Texas), then the dozens of molestations suffered by ALY RAISMAN and numerous other gymnasts could have been avoided. 21. Under California Penal Code 11165.7, USAG is an organization whose employees, agents, and/or servants are legally ?mandated reporters?, considering that Defendant 1 0- COMPLAINT FOR DAMAGES Su1te 800 Irvine, California 92612 (QAOX747-0000 Telenhnne? MANLY, STEWART FINALDI 19100 Von Karman AyeUSAG is a youth recreational program and employees? duties require direct contact and supervision of children. DEFENDANT, STEPHEN PENNY I 22. Defendant STEVE PENNY (hereinafter at all times mentioned herein was and is an adult male individual, who Plaintiff is informed and believes lived in the State of Indiana during the period of time during which the sexual abuse and harassment alleged herein took place and is currently a citizen of the State of Indiana. Defendant PENNY was the President of Defendant USAG charged with the overall management and strategic planning for the organization. Plaintiff is informed and believes and, on that basis, alleges that Defendant PENNY oversaw a wide?ranging, calculated concealment of numerous instances, complaints, and allegations of sexual abuse and misconduct among the participants and members of Defendant USAG. Through this conduct, Defendant actions and inactions enabled and rati?ed the sexual abuse by Defendant NASSAR against Plaintiff and other participants and members of Defendant USAG and fueled the ongoing concealment of abuse at Defendant USAG, making it more unlikely for victims (such as the Plaintiff) to obtain much needed medical and/or treatment. Plaintiff is informed and believes that Defendant PENNY served as President of Defendant USAG from in or around 2005 to 2017. At all times herein alleged, Defendant PENNY was an employee, agent, and/or servant of Defendant USAG, and/or was under their complete control and/ or active supervision. DEFENDANT, PAUL PARILLA 23. Defendant PAUL PARILLA (hereinafter at all times mentioned herein was and is an adult male individual, who Plaintiff is informed and believes lived in the State of California, County of Orange, during the period of time during which the sexual abuse and harassment of ALY RAISMAN by NASSAR alleged herein took place and is currently a citizen of the State of California. Defendant PARILLA was a board member of USAG from in or around 1999 to 2018, and was Chairman of the USAG board from approximately 2015 to in or around January of 2018. Plaintiff is informed and believes and, on that basis, alleges that Defendant PARILLA oversaw a wide?ranging, calculated concealment of numerous instances, complaints, -1 1 .. COMPLAINT FOR DAMAGES Suite 800 2612 5 (04m 757-0000 Irvme, California ANLY, STEWART FINALDI 19100 Von Karm'and allegations of sexual abuse and misconduct among the participants and members of Defendant USAG. Through this conduct, Defendant actions and inactions enabled and rati?ed the sexual abuse by Defendant NASSAR against Plaintiff and other participants and members of Defendant USAG and fueled the ongoing concealment of abuse at Defendant USAG, making it more unlikely for victims (such as the Plaintiff) to obtain much needed medical and/or treatment. Plaintiff is informed and believes that Defendant PARILLA served as Chairman of the Board from 2015 to present. At all times herein alleged, Defendant PARILLA was an employee, agent, and/or servant of Defendant USAG, and/or was under their complete control and/or active supervision. DEFENDANT, LARRY NASSAR 24. Defendant NASSAR, the Perpetrator, at all times mentioned herein was and is an adult male individual, who lived in the State of Michigan during the period of time during which the sexual abuse, harassment, and molestation of the Plaintiff alleged herein took place and is currently a citizen of the State of Michigan. Plaintiff is informed and believes that the NAS SAR was accepted onto the staff of USAG as a trainer in 1986 and then as the National Medical Director and the National Team Physician for the women?s gymnastics team in 1996. NASSAR was also responsible for coordinating the care for USAG and for participants and members at every national and international competition, and would routinely travel to National and International competitions. NASSAR continued to function in this capacity at USAG until in or around the middle of 2015. Moreover, it is upon information and belief, that as the National Team Doctor for USAG, which was chartered via Defendant USOC, NASSAR was the individual responsible for maintaining compliance with the medical requirements, policies and procedures set forth by Defendant USOC. Nevertheless, Defendant USOC failed to provide supervision, oversight, and any meaning?ll inhibition to limit access to minor children. Defendant NAS SAR was retained by Defendants USAG, USOC, PENNY, PARILLA, and DOES 1 through 500 as an Osteopathic Physician and certi?ed athletic trainer to provide care, treatment, and athletic training to the Defendants USAG and USOC, and its participants, many of which were minors while in his care. It was through this position of trust and con?dence, that Defendant NASSAR exploited ALY -1 2- COMPLAINT FOR DAMAGES LDI Suite 800 2612 6 (04m 757-0000 Irvine, California Telenhnne' MANLY, STEWART FINA 19100 Von Karman AveRAISMAN, in perpetrating his sexual abuse and harassment upon her. All of the sexually abusive and harassing conduct alleged herein was done for Defendant sexual grati?cation and was based upon the gender of ALY RAISMAN. 25. It is on information and reasonable belief that NASSAR, using his apparent authority and position within Defendant USAG and USOC over the minor participants in his charge, that Defendant NASSAR sexually abused and harassed multiple other members of the United States Women?s Olympic Gymnastics Team and National teams, over the nearly 30 years in which Defendant NASSAR has been af?liated with Defendants USAG, USOC and DOES 1 through 500. 26. At all times herein alleged, NASSAR was an employee, agent, and/or servant of USAG, Defendant USOC, and DOES 1 through 500, and/or was under their complete control and/ or active supervision. 27. In the event DOE 1 be prosecuted and convicted of a felony for the conducted alleged herein, the Plaintiff requests leave to amend the instant Complaint, such that a request for attorneys? fees can be made against DOE pursuant to Code of Civil Procedure 1021.4. DEFENDANTS, DOE 1 THROUGH 500 28. Defendants DOES 1 through 500, inclusive, and each of them, are sued herein under said ?ctitious names. Plaintiff is ignorant as to the true names and capacities of DOES 1 through 500, whether individual, corporate, associate, or otherwise, and therefore sue said Defendants by such ?ctitious names. When their true names and capacities are ascertained, Plaintiff will request leave of Court to amend this Complaint to state their true names and capacities herein. 29. Defendants USOC, USAG, NASSAR, PENNY, PARILLA, and DOES 1 through 500, inclusive, are sometimes collectively referred to herein as "Defendants" and/or as "All Defendants"; such collective reference refers to all speci?cally named Defendants as well as those ?ctitiously named herein. 30. Plaintiff is informed and believe, and on that basis, allege that at all times mentioned herein, each Defendant was responsible in some manner or capacity for the occurrences -13_ COMPLAINT FOR DAMAGES Suite 800 Irvine, California 92612 Telenhnne' MANLY, STEWART FINALDI (04m 757-0000 19100 Von Karman herein alleged, and that Plaintiff damages, as herein alleged, were proximately caused by all said Defendants. 31. At all times mentioned herein, each and every Defendant NAS SAR was an employee, agent, and/or servant of USAG, Defendant USOC, and DOES 1 through 500, inclusive, and/or was under their complete control and/or active supervision. Defendants and each of them are individuals, corporations, partnerships and/or other entities that engaged in, joined in, and conspired with other Defendants and wrongdoers in carrying out the tortuous and unlawful activities described in this Complaint. 32. Plaintiff is informed and believe, and on that basis, allege that at all times mentioned herein, there existed a unity of interest and ownership among Defendants and each of them such that any individuality and separateness between Defendants, and each of them, ceased to exist. Defendants and each of them were the successors?in?interest and/or alter egos of the other Defendants, and each of them, in that they purchased, controlled, dominated and operated each other without any separate identity, observation of formalities, or other manner of division. To continue maintaining the facade of a separate and individual existence. between and among Defendants, and each of them, would serve to perpetrate a fraud and injustice. 33. Plaintiff is informed and believes, and on that basis, alleges that at all times mentioned herein, Defendants USOC, USAG, NASSAR, PENNY, PARILLA, and DOES 1 through 500 were the agents, representatives and/or employees of each and other. In doing the things hereinafter alleged, Defendants and each of them were acting within the course and scope of said alternative personality, capacity, identity, agency, representation and/or employment and were within the scope of their authority, whether actual or apparent. 34. Plaintiff is informed and believes, and on that basis alleges that at all times mentioned herein, Defendants USOC, USAG, NASSAR, PENNY, PARILLA, and DOES 1 through 500 were the trustees, partners, servants, joint venturers, shareholders, contractors, and/ or employees of each other, and the acts and omissions herein alleged were done by them, acting individually, through such capacity and within the scope of their authority, and with the permission -1 4- COMPLAINT FOR DAMAGES Suite 800 Irvine, California ?2612 (040175249000 NLY, STEWART FINALDI 100 Von Karman Ave. Telenhnnaand consent of each and every other Defendant and that said conduct was thereafter rati?ed by each and every other Defendant, and that each of them is jointly and severally liable to Plaintiff. SEXUAL ABUSE OF ALY RAISMAN AND RESULTING LIFELONG DAMAGES 35'. By his position within the Defendants' institutions, Defendants and NASSAR demanded and required that Plaintiff respect Defendant NASSAR, in his position as team physician for USAG, authorized by USOC. 36. NASSAR did sexually abuse, harass and molest the ALY RAISMAN, who was a minor child at the time of the acts at?issue. 37. The sexual harassment and abuse of Plaintiff by the Perpetrator (NASSAR), outlined below, took place while Defendant the Perpetrator (NASSAR) was the team physician of Defendant USAG and under the control of Defendants USOC, PENNY, PARILLA, and DOES 1 through 500. Plaintiff was a participant and member of Defendants USAG, USOC, and DOES 1 through 500, while the Perpetrator (NASSAR) was serving as an agent and employee of Defendants in his capacity as team physician: a. In his capacity as a team physician with Defendants USOC, USAG, and DOES 1 through 500, the Perpetrator (NASSAR) was given custody and supervision of minors, including Plaintiff. The Perpetrator (NASSAR) used this position to coerce children to concede to his sexual suggestions, using his authority and position of trust to exploit them physically, sexually, and emotionally; b. Plaintiff became a member and participant of USAG, and a part of the Junior National Team for USAG in 2009. Plaintiff soon formed a relationship with the Perpetrator (NASSAR), team physician. At this time, in or around 2010, the Perpetrator (N AS SAR) commenced the process of grooming" Plaintiff for later physical, sexual and emotional abuse. Plaintiff is informed and believes the Perpetrator (NAS SAR) would use the guise of care, athletic training, osteopathy, and kinesiology to normalize intimate, inappropriate, and sexually abusive contact with Plaintiff. Plaintiff is informed and believes the Perpetrator (NASSAR) would enter the living quarters of the Plaintiff ALY RAISMAN and other gymnasts at the Karolyi Ranch, hotel rooms at meets, in training rooms, and at other locations, placing Plaintiff under the impression this inappropriate contact was part of treatment. During this period, Plaintiff was a patient under the Perpetrator?s (NASSAR) direct supervision and control. 0. Plaintiff is informed and believes the Perpetrator?s (N AS SAR) physical and sexual abuse of Plaintiff commenced after the grooming of Plaintiff began, and occurred dozens of times while the team was traveling and before and after competitive meets from in or around 2010 to 2012, and in or around 2015. Specifically, the Plaintiff was sexually abused by NAS SAR in Texas at the Karolyi Ranch, in Santa Clara County in California, and at numerous locations around the country, as well as internationally in Australia, Japan, in the United Kingdom and in the Netherlands. During this period, Plaintiff was a participant, member, and patient under the Perpetrator?s (NASSAR) and Defendants? direct supervision and control. -15- COMPLAINT FOR DAMAGES . Suite 800 92612 STEWART FINALDI California 19100 Von Karman Ave TelenhnnE' MANLY Using his position as team physician, the Perpetrator (NASSAR) would interact with Plaintiff under the guise of providing her care and treatments necessary for her to compete as a world?class, Olympic medal-winning gymnast. Under these circumstances, the Perpetrator (NASSAR) placed his bare hand on and near the Plaintiffs unclothed vagina and anus, on multiple occasions, in Plaintiffs assigned living?quarters, without any supervision or a chaperone. Further, NASSAR, on numerous occasions, had an erection while performed the claimed medical treatment. Plaintiff is informed and believes that the Perpetrator?s (NASSAR) sexual abuse, molestation, and harassment of Plaintiff ocCurred on the premises of Defendants USAG, USOC, in hotels around the world, and various other locations including, but not limited to in living quarters, in training facilities, in gyms. 38. Plaintiff is informed and believes, and on that basis alleges, that such conduct by Defendant NAS SAR was based upon Plaintiffs gender, and was done for Defendant sexual grati?cation. These actions upon ALY RAISMAN were performed by Defendant NASSAR without the free consent of Plaintiff, as ALY RAISMAN was a young child, and could therefore not give valid legal consent. FACTUAL ALLEGATIONS APPLICABLE TO ALL CLAIMS BY PLAINTIFF 39. At all times material hereto, Plaintiff was a minor participant and member of Defendant USAG, USOC and DOES 1 through 500, and was under their complete control, dominion, and supervision. Defendant NASSAR worked for, was employed by, and an agent/servant of Defendants USAG, USOC and DOES 1 through 500 when NASSAR came into contact with ALY RAISMAN. 40. At all times material hereto, Defendant NASSAR was under the direct supervision, management, agency and control of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, inclusive. Defendant SAR was the team physician of Defendant USAG and for Team USA, under the dominion of Defendant USOC. While a team physician at Defendant USAG, employment duties included coordinating the care for Defendant USAG at every national and international competition, providing individual care and providing for the physical needs and well?being of participants and members of Defendant USAG (and in accord with Defendant USOC policies, procedures, and mandates), and care including but not limited to osteopathic adjustments and kinesiology treatment to participants and members of Defendant USAG, which included ALY RAISMAN. ALY RAISMAN was a participant and member of Defendant USAG, and it is under these circumstances that ALY RAISMAN came to be under the 1 6.. COMPLAINT FOR DAMAGES Suite 800 Irvine, California 92612 Telenhnne? ANLY, STEWART FINALDI 19100 Von Karman Avedirection and control of Defendant NAS SAR, who used his position of authority and trust to molest and sexually abuse ALY RAISMAN. 41. As a member and participant of Defendant USAG and USOC while NASSAR was a team physician, the ALY RAISMAN was under Defendant direct supervision, control and care, which created a special, con?dential, and ?duciary relationship between ALY RAISMAN, her parents, and Defendant NASSAR. Because of such relationship, Defendant NASSAR owed Plaintiff a special duty of care. Additionally, as the employers and supervisors of NAS SAR, with knowledge that he was in contact with and providing care to children, Defendants USAG, USOC, PENNY, PARILLA, and DOES 1 through 500 were also in a special, con?dential, and ?duciary relationship with Plaintiff, owing her a duty of care. 42. By assigning Defendant NASSAR as team physician of Defendant USAG under the mandated and control of Defendants USOC and DOES 1 through 500, Defendant USOC represented to the community and participants and members of Defendant USAG that NASSAR was safe, trustworthy, and of high moral and ethical repute, such that parents of participants and members need not worry about having NAS SAR interact with, and provide care to their minor children. Defendants did so in order to preserve their own public image and reputation, so they could retain past participants and members and recruit new participants and members, thus allowing donations and other ?nancial support to continue ?owing into their coffers for ?nancial gain. 43. Plaintiff is informed and believes, and on that basis, alleges that Defendants USAG, USOC and DOES 1 through 500 knew or should have known that Defendant NASSAR had engaged in unlawful sexually-related conduct in the past, and/or was continuing to engage in such conduct. Defendants had a duty to disclose these facts to ALY RAISMAN and her parents, but negligently and/or intentionally suppressed, concealed or failed to disclose this information. The duty to disclose this information arose by the special, trusting, con?dential, ?duciary relationship between Defendants and Plaintiff. 44. Plaintiff is informed and believes, and on that basis, alleges that Defendants knew or should have known that sexually abusive staff, such as Defendant NASSAR, were violating -1 7- COMPLAINT FOR DAMAGES Suite 800 (0110\757-0000 Irvine, California 92612 Telenhnne' ANLY, STEWART FINALDI 1 100 Von Karman AveDefendants USOC and USAG policies, without enforcement or abatement, and were continually allowed to be in contact with minor children, such as ALY RAISMAN. As early as 1999, Defendant USOC was placed on notice by former Defendant USAG president Bob Colarossi, who wrote a letter to the USOC, explaining that the safety procedures and policies that USOC required USAG to follow, were part of a . fundamentally ?awed and that at USOC there was an indifference to the welfare of young children manifest in the Committee?s actions.? See Exhibit A as the Letter from Robert Colarossi to USOC. It was not until 11 years later, that Defendant USOC created the SafeSport program and issued a handbook detailing speci?c procedures for preventing sexual abuse of minors, and access to minors by sexual abusers. Despite instituting this handbook and program, Defendant USOC maintained its course and culture of ignoring abuse, ignoring its internal policies and procedures, and placing minors in the way of danger. 45. Plaintiff is informed and believes and, on that basis, alleges Defendants knew of, or should have known of, Defendants propensity and disposition to engage in sexual misconduct with minors before he sexually abused and molested ALY RAISMAN, and knew of the probability that NASSAR would molest minors with whom he came into contact, such as ALY RAISMAN. 46. Defendant failed to implement reasonable safeguards to avoid acts of unlawful sexual conduct by Defendant NAS SAR in the future, including avoiding placement of Defendant NASSAR in a position where contact and interaction with children is an inherent function. Defendants ignored and suppressed the past sexual misconduct Defendant NAS SAR had engaged in, and concealed that information from ALY RAISMAN and her family. 47. Plaintiff is informed and believes, and on that basis alleges, that Defendants were apprised, knew or should have known of and/or were put on notice of Defendant past sexual abuse of children, past claims and/or investigations, and his propensity and disposition to engage in such unlawful activity and unlawful sexual activity with minor participants and members such that Defendants knew or should have known that Defendant NASSAR would commit wrongful sexual acts with participants and members, including ALY RAISMAN. Plaintiff is -18- COMPLAINT FOR DAMAGES . Suite 800 Irvme, California ?2612 Telenhnne? MANLY, STEWART FINALDI (04m 747.0an 19100 Von Karman Ave informed and believes, and on that basis alleges that personnel and/or employment records and other records of Defendants? re?ect numerous incidents of inappropriate sexual contact and conduct with minor participants and members by Defendant NASSAR and other professionals, employees, assistants, agents, supervisors and others, including incidents occurring both on and off the physical premises of such Defendants and at national and international meets. Based on these records, Defendants knew and/or should have known of Defendant history of sexual abuse, past claims and/or past investigations, and his propensity and disposition to engage in unlawful activity and unlawful sexual activity with participants and members such that Defendants knew or should have known that Defendant NASSAR would commit wrongful sexual acts with those minor participants and members, including ALY RAISMAN. 48. Plaintiff is informed and believes, and on that basis alleges, that Defendant NASSAR was repeatedly informally censured, disciplined and/or reprimanded by Defendants USAG, USOC, PENNY, PARILLA, and DOES 1 through 500, for taking an inordinate number of photographs of young girls, who were gymnasts. This conduct by Defendant NASSAR was in direct contravention of his duties set forth by the Defendants USAG, USOC, PENNY, PARILLA, and DOES 1 through 500, and was not communicated to the Plaintiff or her family. This conduct was not further investigated, was not reported to law enforcement or child welfare authorities, and was never communicated to the Plaintiff, her parents or other gymnasts, in direct Violation of Defendant mandate under the Defendant policies, procedures and rules. Subsequent to NAS initial arrest in 2016, thousands of images of child pornography were located by Federal law enforcement on his electronic devices, and Defendant NASSAR pleaded guilty to such possession of child pornography in July of 2017. Had Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 effectively implemented their safety policies and procedures, damage to the Plaintiff could have been minimized and conduct could. have been stopped earlier, but it was not. 49. Because of the relationship between Plaintiff and Defendants, Defendants had an obligation and duty under the law not to hide material facts and information about past, and his deviant sexual behavior and propensities. Additionally, Defendants had an af?rmative 1 9- COMPLAINT FOR DAMAGES . . . Suite 800 Irvme, California 92612 (940l762-0000 Telenhnne' MANLY, STEWART FINALDI 19100 Von Karman Aveduty to inform, warn, and institute appropriate protective measures to safeguard minors who were reasonably likely to come in contact with Defendant NASSAR, including ALY RAISMAN at the time. Defendants willfully refused to notify, give adequate warning and implement appropriate safeguards, thereby creating the peril that ultimately damaged ALY RAISMAN. 50. Plaintiff is informed and believes, and on that basis alleges, that prior to ALY sexual abuse by Defendant NASSAR, Defendants engaged in a pattern and practice of employing sexual abusers. Defendants concealed these facts from participants and members, their parents, the Plaintiff? 8 community, the gymnastics community, the public at large, other the United States government, various local govermneMs, and law enforcement agencies. 51. As is set forth herein, Defendants and each of them have failed to uphold numerous mandatory duties required of them by state and federal law, as well as their own internal written policies and procedures, including: - Duty to use reasonable care to protect participants and members from known or foreseeable dangers Duty to inform the Plaintiff ALY RAISMAN and her parents of the known risks to the health and well?being of their daughter while in Defendant?s USAG and/or USOC sponsored, authorized, and supervised programs, events and trainings; Duty to enact policies and procedures that are not in contravention of the Federal Civil Rights Act, section 1983 and the 14th amendment of the United States Constitution; 0 Duty to protect participants and members and staff, and provide adequate supervision; Duty to ensure that any direction given to participants and members is lawful, and that adults act fairly, responsible and respectfully towards participants and members; 0 Duty to properly train staff so that they are aware of their individual responsibility for creating and maintaining a safe environment; 0 Duty to review the criminal history of applicants and current employees; 0 Duty to provide diligent supervision over minors; - Duty to act and diligently and not ignore or minimize problems. 0 Duty to report suspected incidents of child abuse and more speci?cally childhood sexual abuse (Penal Code sections 11166, 11167). 0 Duty to provide adequate and safe medical care pursuant to 36 U.S.C. -20- COMPLAINT FOR DAMAGES Suite 800 2612 9 (04m Max:000 Irvine, California Telenhnne' MANLY, STEWART FINALDI 19100 Von Karman Ave52. Defendants and each of them had and have a duty to protect participants and members, including ALY RAISMAN. Defendants were required to, and failed, to provide adequate supervision, and failed to be properly vigilant in seeing that supervision was sufficient at Defendants USAG and USOC to ensure the safety of ALY RAISMAN and others. 53. Despite having a duty to do so, Defendants failed to adequately train and supervise all staff to create a positive and safe environment, speci?cally including training to perceive, report and stop inappropriate sexual conduct by other members of the staff, speci?cally including NASSAR with children. 54. Defendants failed to enforce their own rules and regulations designed to protect the health and safety of the participants and members. Further, they failed to adopt and implement safety measures, policies and procedures designed to protect minor children such as Plaintiff?s child from the sexually exploitive and abusive acts of their agents and employees such as NASSAR. 55. Plaintiff is informed and believes and, on that basis, alleges that as part of Defendants' conspiratorial and fraudulent attempt to hide NAS propensity to sexually abuse children, and prior sexual misconduct with children, from public scrutiny and criminal investigation, Defendants implemented various measures designed to make conduct harder to detect and ensure minors with whom he came into contact, such as ALY RAISMAN, would be sexually abused, including: a. Permitting NASSAR to remain in a position of authority and trust after Defendants knew or should have known that he was a molester of children; b. Placing NASSAR in a separate and secluded environment, at USAG and USOC authorized camps and events, including assigning him unfettered access and control over minor participants and members that included individual and private examinations, private osteopathic adjustments without a chaperone, and allowing NASSAR to physically and sexually interact with the children, including ALY c. Failing to disclose prior record of misconduct, sexual abuse, harassment and molestation and his propensity to commit such acts towards participants and members in and program, the public at large, and law enforcement; d. Allowing unsupervised and un?controlled access to minors, including ALY -21 COMPLAINT FOR DAMAGES Suite 800 ?2612 (040\ 752-0000 Irvme, Callfornla TelenhnnE' MANLY, STEWART FINALDI 19100 Von Karm'an Aye56. Holding out NASSAR to ALY RAISMAN, other participants and members of USAG and USOC, and the public at large as a trustworthy and honest person of high ethical and moral repute who was capable and worthy of being granted unsupervised access to the children of Failing to investigate or otherwise con?rm or deny such facts about NASSAR including prior arrests, charges, claims and investigations for sexual abuse; Failing to inform, or concealing from Plaintiff and law enforcement of?cials the fact that ALY RAISMAN and others were or may have been sexually abused, harassed and molested, after Defendants knew or should have known that NAS SAR may have sexually abused ALY RAISMAN or others, thereby enabling ALY RAISMAN to continue to be endangered and sexually abused, harassed, molested, and/or creating the circumstance where ALY RAISMAN and others were less likely to receive proper medical treatment, thus exacerbating the harm to ALY Holding out NASSAR to Plaintiff and to the community as being in good standing and trustworthy; Cloaking prior sexual misconduct with children within the facade of normalcy, thereby disguising the nature of his sexual abuse and contact with minors; Failing to take reasonable steps and to implement reasonable safeguards to avoid acts of unlawful sexual conduct by NAS SAR such as avoiding placement of NASSAR in functions or environments in which his solitary contact with children was inherent; Failing to put in place a system or procedure to supervise or monitor physicians, athletic trainers, and agents to insure they do not molest or abuse minors in Defendants' care. Failing to investigate Nassar?s background adequately. Allowing NASSAR to practice medicine without a Texas medical license at the National Training Center. Failing to implement any reasonable, meaningful, or adequate supervision policies, practices or procedures at the National Training Center, which would have prevented NASSAR solitary access to minors, including the Plaintiff. By his position within the Defendants' institutions, NAS SAR attained a position of in?uence over ALY RAISMAN, her parents, and others. Defendants' conduct created a situation of peril that was not, and could not be appreciated by ALY RAISMAN. By virtue of Defendants' conspiratorial and fraudulent conduct, and in keeping with their intent to fail to disclose and hide past and present conduct from the community, the public at large and law enforcement, Defendants allowed NASSAR to remain in a position of in?uence where his unsupervised or negligently supervised conduct with minor participants and members made the molestation and abuse of minor participants and members possible. 2 2 COMPLAINT FOR DAMAGES I 00 NLY, STEWART FINALD Suite 8 952612 (04m 757-0000 lrvme, California 1 100 Von Karman Ave. Telenhnne57. During the period ALY RAISMAN was being sexually abused and harassed by NAS SAR, Defendants had the authority and ability to prevent such abuse by removing Defendant NASSAR from his position as team physician at Team USA, USAG and in his status with the USOC. They failed to do so, allowing the abuse to occur and to continue unabated. Plaintiff is informed and believes and, on that basis, alleges that this failure was a part of Defendants' conspiratorial plan and arrangement to conceal wrongful acts, to avoid and inhibit detection, to block public disclosure, to avoid scandal, to avoid the disclosure of their tolerance of child sexual molestation and abuse, to preserve a false appearance of propriety, and to avoid investigation and action by public authority including law enforcement. Such actions were motivated by a desire to protect the reputation of Defendants and protect the monetary support of Defendants, while fostering an environment where such abuse could continue to occur. 58. As a direct result of the sexual harassment and abuse that ALY RAISMAN suffered from Defendant NAS SAR, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 failing to inform the ALY RAISMAN (or her parents) of the danger posed to her by NASSAR, Plaintiff has had dif?culty in meaningfully interacting with others, including those in positions of authority over Plaintiff including physicians, athletic supervisors, athletic trainers, as well as their servants and agents. Plaintiff has been limited in her ability to meaningfully interact with others due to the trauma of childhood sexual abuse, and the upset of having known that they could have prevented such, had Defendants conveyed the appropriate information. This inability to interact creates con?ict with Plaintiff values of trust and con?dence in others, and has caused Plaintiff substantial emotional distress, anxiety, nervousness and fear. As a direct result of this conduct, Plaintiff suffered immensely, including, but not limited to, encountering issues with a lack of trust, various negative and emotional sequelae, depressive anxiety, and nervousness. Having been one of the most famous gymnasts in United States (and World) history, ALY RAISMAN lost millions of dollars in economic damages, as a result of her sexual abuse at the hands of NASSAR, and continues to suffer from such loss. 59. As a direct and proximate result of Defendants' tortious acts, omissions, wrongful conduct and breaches of their duties, Plaintiff employment and professional development has -23_ COMPLAINT FOR DAMAGES Su1te 800 2612 (040} 757-0000 ANLY, STEWART FINALDI 9 ?6 Irv1ne,Ca1ifor111a 1 100 Von Karman Ave Telenhnnebeen adversely affected. Plaintiff has lost wages, endorsements, and many ?nancial opportunities and will continue to lose wages in an amount to be determined at trial. Plaintiff has suffered substantial economic injury, all to Plaintiff?s general, special and consequential damage in an amount to be proven at trial, but in no event less than the minimum jurisdictional amount of this Court. 60. As a further direct and proximate result of Defendants' wrongful actions, as herein alleged, Plaintiff has been hurt in their health, strength and activity. Plaintiff has sustained permanent and continuing injury to their nervous system and person, which has caused and continues to cause great mental, physical and nervous pain, suffering, fright, upset, grief, worry and shock in an amount according to proof at trial but in no event less than the jurisdictional minimum requirements of this Court. 61. In subjecting Plaintiff to the wrongful treatment herein described, Defendants USOC, USAG, PENNY, PARILLA, NASSAR and DOES 1 through 500 acted willfully and maliciously with the intent to harm Plaintiff, and in conscious disregard of Plaintiffs rights, so as to constitute malice and/or oppression under California Civil Code section 3294. Plaintiff is informed and believes, and on that basis alleges, that speci?cally, the Defendants acted in concert, and under their authority as child care providers, with reckless disregard for the concern of the minor participants in its charge, in order to further ?nancially bene?t their respective business? growth. The Defendants acted intentionally in creating an environment that harbored molesters, put the vulnerable minor participants at?risk of harm, ignored clear warning signs and their duties to report sexual abusers and molesters in their ranks, to maintain a facade of normalcy, in order to maintain its funding and provide further ?nancial growth of Defendants USAG, USOC, and PENNY and PARILLA, individually, on the international level. 'The safety of the minor participants that were entrusted to Defendant USAG and represented as being protected through Defendant USOC, was compromised due to Defendants desire to maintain the status quo of the Defendants USAG and USOC organizations, and avoid any public scrutiny for its misconduct. Plaintiff is informed, and on that basis alleges, that these willful, malicious, and/or oppressive acts, as alleged herein above, were rati?ed by the of?cers, directors, and/or managing agents of the -24- COMPLAINT FOR DAMAGES STEWART FINALDI Suite 800 ?2612 (QACH Irvine, California 1 100 Von Karman Ave. TelenhnneDefendants. Plaintiff is therefore entitled to recover punitive damages, in an amount to be determined by the court, against Defendants USOC, USAG, PENNY, PARILLA, NASSAR and DOES 1 through 500. FIRST CAUSE OF ACTION SEXUAL HARASSMENT: CIVIL CODE 51.9 (Plaintiff ALY RAISMAN Against Defendants USAG, USOC, NASSAR and DOES 1 through 5001 62. The Plaintiff re?alleges and incorporates by reference herein each and every allegation contained herein above as though fully set forth and brought in this cause of action. 63. During the Plaintiff ALY time as a minor gymnast under the care, control and/or mandate of Defendants USOC, USAG and DOES 1 through 500, NASSAR recklessly and wantonly made sexual advances, solicitations, requests, demands for sexual compliance of a hostile nature based on the Plaintiff ALY gender that were unwelcome, pervasive and severe. NASSAR intentionally, recklessly and wantonly did acts which resulted in harmful and offensive contact with intimate parts of the Plaintiff ALY person, including but not limited to NAS SAR using the authority and trust inherent in his position as an Olympic Doctor to exploit her physically, and emotionally. These acts were done for sexual grati?cation; all while NASSAR was acting in the course and scope of his agency/employment with Defendants USAG, USOC, and DOES 1 through 500. 64. The incidents of abuse outlined herein above took place while the Plaintiff ALY RAISMAN was under the care of NASSAR, in his capacity and position as an Olympic Doctor, while acting speci?cally on behalf of Defendants USOC, and DOES 1 through 500. 65. Because of the Plaintiff ALY young age, nature of her competitive sport, and relationship with NASSAR as a gymnast at Defendant USAG (under the control and authority of Defendants USOC and USAG), the Plaintiff ALY RAISMAN was unable to easily terminate her doctor-patient relationship with NASSAR. 66. Because of position of authority over Plaintiff ALY RAISMAN, and the Plaintiff ALY mental and emotional state, and her young age under the age of consent, Plaintiff ALY RAISMAN was unable to, and did not give meaningful consent to such acts. -2 5- COMPLAINT FOR DAMAGES an Ave, Suite 800 ifornia 92612 (0401757-9990 1 ?1 Irvrne, MANLY, STEWART FINALDI 19100 Von Kar 67. Even though Defendants USAG, USOC and DOES 1 through 500 knew or should have known of these activities by NASSAR, Defendants USOC, USAG, and DOES 1 through 500 did nothing to investigate, supervise or monitor NAS SAR to ensure the safety of Plaintiff ALY RAISMAN. Defendants USAG, USOC and DOES 1 through 500 rati?ed the sexual misconduct of NASSAR by retaining him in employment after discovering, or ignoring the facts that would have led them to discover, his misconduct. 68. Defendants USOC, USAG, and DOES 1 through 500's conduct was a breach of their duties to the Plaintiff ALY RAISMAN. 69. As a result of the above?described conduct, Plaintiff ALY RAISMAN suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self?esteem, disgrace, humiliation, and loss of enjoyment of life; have suffered and continue to suffer and were prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, and has incurred and will continue to incur expenses for medical and treatment, therapy, and counseling. 70. In subjecting Plaintiff to the wrongful treatment herein described, Defendants USOC, USAG, NAS SAR and DOES 1 through 500, acted willfully and maliciously with the intent to harm Plaintiff, and in conscious disregard of Plaintiff?s rights, so as to constitute malice and/or oppression under California Civil Code section 3294. Plaintiff is informed, and on that basis alleges, that these willful, malicious, and/or oppressive acts, as alleged herein above, were rati?ed by the of?cers, directors, and/or managing agents of the Defendants USOC, USAG, and DOES 1 through 500. Plaintiff is therefore entitled, to the recovery of punitive damages, in an amount to be determined by the court, against Defendants USOC, USAG, and DOES 1 through 500. SECOND CAUSE OF ACTION LAW (18 U.S.C. ??2255, 2423(b), 2423(c)) (Plaintiff ALY RAISMAN Against Defendants USAG, USOC, NASSAR and DOES 1 through 500) 71. Plaintiff re?alleges and incorporates by reference herein each and every allegation contained herein above as though fully set forth and brought in this cause of action. ?26- COMPLAINT FOR DAMAGES Suite 800 lrvme, California 92612 (0401757?0000 Telenhnne' MANLY, STEWART FINALDI 19100 Von Karman Aye72. Under 18 ELSE. ??2255, the Plaintiff ALY RAISMAN has a private right of action against NASSAR, and any defendants who are vicariously and/or strictly responsible for NASSAR while abroad perpetrating his sexual assaults against ALY RAISMAN, including Defendants USOC, USAG, and DOES 1 through 500. See Doe v. Celebrity Cruises, Inc. (11th Cir. 2004) 394 F.3d 891, 894. 73. Plaintiff ALY RAISMAN is a victim of the federal crime codi?ed as 18 ?2423(b), which was perpetrated by NAS SAR and provides, person who travels in interstate commerce or travels into the United States, or a United States citizen who travels in foreign commerce, for the purpose of engaging in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.? 74. Furthermore, Plaintiff ALY RAISMAN is a victim of the federal crime codi?ed as 18 ?2423(c), which was perpetrated by NASSAR and provides, ?[a]ny United States citizen who travels in foreign commerce or resides, either temporarily or permanently, in a foreign country, and? engages in any illicit sexual conduct with another person shall be ?ned under this title or imprisoned not more than 30 years, or both.? 75. As alleged herein, Defendant NAS SAR travelled with ALY RAISMAN to Europe, Australia, Japan, and across state lines, wherein he sexually harassed, abused, and molested her, when she was under the age. of 18 years old and as previously stated herein. Defendant NASSAR travelled with ALY RAISMAN for the sole purpose of engaging in this elicit sexual conduct with her. 76. As a result of the above?described conduct, the Plaintiff ALY RAISMAN suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; has suffered and continues to suffer and were prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, and have incurred and will continue to incur expenses for medical and treatment, therapy, and counseling. -27- COMPLAINT FOR DAMAGES 0 To Qoz: c: za~? s? . If 03:?5 .2, m<5? co?f ae=? Fir350:1; cu .gcg tsubjecting Plaintiff to the wrongful treatment herein described, Defendants USOC, USAG, and DOES 1 through 500, acted willfully and maliciously with the intent to harm Plaintiff, and in conscious disregard of Plaintiff?s rights, so as to constitute malice and/or oppression under California Civil Code section 3294. Plaintiff is informed, and on that basis alleges, that these willful, malicious, and/or oppressive acts, as alleged herein above, were rati?ed by the of?cers, directors, and/or managing agents of the Defendants USAG, USOC and DOES 1 through 500. Plaintiff is therefore entitled, upon properapplication to the court, to the recovery of punitive damages, in an amount to be determined by the court, against Defendants USOC, USAG, and DOES 1 through 500. THIRD CAUSE OF ACTION INTENTIONAL INF LICTION OF EMOTIONAL DISTRESS (Plaintiff ALY RAISMAN Against Defendants USOC, USAG, NASSAR, PENNY, PARILLA, and DOES 1 through 500) 78. Plaintiff re?alleges and incorporates by reference herein each and every allegation contained herein above as though fully set forth and brought in this cause of action. 79. Defendants USAG, USOC, PENNY, PARILLA, and DOES 1 through 500?s conduct toward Plaintiff, as described herein, was outrageous and extreme. 80. A reasonable person would not expect or tolerate Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 putting NASSAR in, positions of authority at Defendants USAG, USOC, or DOES 1 through 500, which enabled NASSAR to have access to minors including Plaintiff ALY RAISMAN, so that he could commit wrongful sexual acts with her, including the conduct described herein above. Plaintiff had great trust, faith and con?dence in i in Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, which, by virtue of NASSAR and Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's wrong?il conduct, turned to fear. 81. Moreover, by failing to report NASSAR or honor any of their legal reporting obligations and by failing to notify the parents of Plaintiff ALY RAISMAN of the abuse of their daughter, Defendants USOC and DOES 1 through 500 knew that Plaintiff would be directly harmed. Under the holding in P. case, a special relationship and a duty to notify the parents of Plaintiff was stated. Such duty being independent of any duty Defendants USOC, USAG, ?28- COMPLAINT FOR DAMAGES Suite 800 Irvine, California 92612 Telenhnne' MANLY, STEWART FINALDI 19100 Von Karman AvePENNY, PARILLA, and DOES 1 through 500 owed to Plaintiff ALY RAISMAN and is a direct duty owed to the Plaintiff?s parents and was thereby created with Plaintiffs parents, whereby Plaintiff 3 parents are intended or direct victims of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 failures and can recover for any emotional distress proximately caused thereby. Speci?cally, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 had knowledge of dangerous propensities to sexually abuse children, yet concealed and failed to disclose to Plaintiff ALY RAISMAN this information. 82. A reasonable person would not expect or tolerate Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 to be incapable of supervising and preventing employees of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, including NASSAR, from committing wrongful sexual acts with minor gymnasts including Plaintiff ALY RAISMAN, or to properly supervise NASSAR to prevent such abuse from occurring, or to notify parents or authorities. 83. Defendants USOC, USAG, PENNY, PARILLA, NASSAR, and DOES 1 through 500's conduct described herein was intentional and malicious and done for the purpose of causing, or with the substantial certainty that it would cause Plaintiff ALY RAISMAN and her parents, to suffer humiliation, mental anguish and emotional and physical distress. 84. As a result of the above?described conduct, Plaintiff suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self?esteem, disgrace, humiliation, and loss of enjoyment of life; have suffered and continues to suffer and was prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, and has incurred and will continue to incur expenses for medical and treatment, therapy, and counseling. 85. In subjecting Plaintiff to the wrongful treatment herein described, Defendants USOC, USAG, PENNY, PARILLA, NASSAR and DOES 1 through 500 acted willfully and maliciously with the intent to harm Plaintiff ALY RAISMAN, and in conscious disregard of Plaintiff?s rights, so as to constitute malice and oppression under California Civil Code section -29- COMPLAINT FOR DAMAGES Suite 800 (QAQI 757-0000 Irvine, California 92612 Telenhnne' MANLY, STEWART FINALDI 19100 Von Karman Ave3294. Plaintiff is therefore entitled to the recovery of punitive damages, in an amount to be determined by the court, against Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, in a sum to be shown according to proof. FOURTH CAUSE OF ACTION UN FAIR BUSINESS PRACTICES (BUSINESS CODE ?17200) (Plaintiff ALY RAISMAN Against Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500) 86. Plaintiff re-alleges and incorporates by reference herein each and every allegation contained herein above as though fully set forth and brought in this cause of action. 87. Plaintiff is informed and believes and, on that basis,, alleges that Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 have engaged in unlawful, unfair and/ or deceptive business practices including allowing NASSAR to engage in repeated harassment of participants and members, including Plaintiff ALY RAISMAN, and failing to take all reasonable steps to prevent harassment and abuse from occurring. The unlawful, unfair and deceptive business practices also included failing to adequately investigate, vet, and evaluate individuals for employment with Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, refusing to design, implement, and oversee policies regarding sexual harassment and abuse of children in a reasonable manner that is customary in similar educational environments. Plaintiff is informed and believes and, on that basis, alleges that Defendants USOC, USAG, and DOES 1 through 500 have engaged in unlawful, unfair and deceptive business practices including concealing sexual harassment, abuse and/or molestation claims by participants and members, such as Plaintiff ALY RAISMAN, so as to retain other participants and members within Defendants USAG, who were not apprised of such illicit sexual misconduct by NAS SAR. 88. Plaintiff is informed and believes, and on that basis alleges that Defendants USOC USAG, PENNY, PARILLA, and DOES 1 through 500 engaged in a common scheme, arrangement or plan to actively conceal allegations against sexual abusers who were employees, agents, members, and/or participants at Defendants USAG, USOC, and DOES 1 through 500, such that Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 could maintain their public image, and avoid detection of such abuse and abusers. Plaintiff is informed and believes and thereon alleges that Defendants USOC, USAG, and DOES 1 through 500 actively concealed -3 0- COMPLAINT FOR DAMAGES Suite 800 Irvine, California 92612 (040i 757-0000 Telenlinn?' MANLY, STEWART FINALDI 19100 Von Karman Ave. these allegations, such that Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 would be insulated from public scrutiny, governmental oversight, and/or investigation from various law enforcement agencies, all done in order to maintain the false sense of safety for participants and their families and to perpetuate the program ?nancially. 89. By engaging in unlawful, unfair and deceptive business practices, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 bene?tted ?nancially to the detriment of its competitors, who had to comply with the law. 90. Unless restrained, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 will continue to engage in the unfair acts and business practices described above, resulting in great and irreparable harm to Plaintiff and/or other similarly situated participants and members. 91. Plaintiff seeks restitution for all amounts improperly obtained by Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 through the use of the above- mentioned unlawful business practices, as well as the disgorgement of all ill-gotten gains and restitution on behalf of Plaintiff and all other similarly situated participants and members who were also subjected to Defendant?s illegal and unfair business practices. 92. Pursuant to section 17203 of the California Business and Professions Code and available equitable powers, Plaintiff is entitled to a preliminary and permanent injunction, enjoining Defendants USOC, USAG, and DOES 1 through 500 from continuing the unlawful and unfair business practices described above. Further, Plaintiff seeks the appointment of a court monitor to enforce its orders regarding client safety. In addition, Plaintiff is entitled to recover reasonable attorneys' fees pursuant to the California Business and Professions Code and section. 1021.5 of the California Code of Civil Procedure. FIFTH CAUSE OF ACTION BREACH OF FIDUCIARY DUTY (Plaintiff ALY RAISMAN Against Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500) 93. Plaintiff re?alleges and incorporates by reference herein each and every allegation contained herein above as though fully set forth and brought in this cause of action. -31- COMPLAINT FOR DAMAGES Suite 800 2612 '95 (04017,s7-0090 California Telenhnne' MANLY, STEWART FINALDI 19100 Von Karman Ave 94. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, as childcare custodians representing that they would keep Plaintiff ALY RAISMAN safe, were in a ?duciary relationship with Plaintiff ALY MISMAN, owing her a special duty of due care. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 are mandated reporters, or organizations required to comply with Mandated Reporting laws, with respect to claims of child abuse and child safety. 95. Moreover, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 owed Plaintiff ALY RAISMAN a statutory, common law and constitutional duty to protect her and guarantee her safety while in their custody, care, and control. 96. The Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 also owed a special duty to ALY parents. As direct victims for failure to notify of abuse of their minor child (See P. v. Claremont Uni?ed School District, 183 Cal. App. 3d at 193) which held that a school district had a special relationship with a parent because the parent was the ?real and foreseeable? victim of the defendants? negligent conduct. Direct victims may bring claims where there was a negligent breach of a duty arising out of a preexisting relationship. Any breach committed by the Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 violates this special relationship and duty owed to Plaintiff ALY parents. 97. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 breached their ?duciary duty by failing to properly supervise NASSAR and take appropriate steps to prevent the lewd and lascivious conduct perpetrated by NASSAR against ALY RAISMAN. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 also failed to report NAS SAR pursuant to USOC and USAG policy. Defendants USOC, USAG, and DOES 1 through 500 also failed to implement or follow appropriate policies and procedures to protect minors, including ALY RAISMAN. In addition, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 failed to report abuse or notify ALY parents. 98. The employees, servants, agents, volunteers or other representatives of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, respectively, willfully and .. 3 2- COMPLAINT FOR DAMAGES . Suite 800 lrv1ne, California ?2612 TelenhnnE' (940\ 757-0000 STEWART FINALDI 19100 Von Karman Ave MANLY intentionally ignored behavior in NASSAR and complaints against NASSAR that they should have reported due to their responsibility as mandated reporters. 99. As a result of the above-described conduct, Plaintiff suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self?esteem, disgrace, humiliation, and loss of enjoyment of life; has suffered and continues to suffer and were prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, and has incurred and will continue to incur expenses for medical and treatment, therapy, and counseling. 100. In subjecting Plaintiff to the wrongful treatment herein described, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 acted willfully and maliciously with the intent to harm Plaintiff, and in conscious disregard of Plaintiffs rights, so as to constitute malice and oppression under California Civil Code section 3294. Plaintiff is therefore entitled to the recovery of punitive damages, in an amount to be determined by the court, againstDefendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, in a sum to be shown according to proof. SIXTH CAUSE OF ACTION CONSTRUCTIVE FRAUD (Plaintiff ALY RAISMAN Against Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500) 101. Plaintiff re?alleges and incorporates by reference herein each and every allegation contained herein above as though fully set forth and brought in this cause of action. 102. By holding NASSAR out as an agent of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, and by allowing him to undertake the physical care and athletic training of minor children such as ALY RAISMAN, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 entered into a con?dential, ?duciary, and special relationship with Plaintiff. 103. By holding themselves out as professional organizations for woman?s gymnastics, undertaking to select and train national gymnastics teams, enforcing policies, rules, and procedures for gymnasts? safety and facilitating competition both nationally and internationally of ALY -33- COMPLAINT FOR DAMAGES . . Suite 800 Irvme, Cal1f0rnia ?2612 Telenhnne' MANLY, STEWART FINALDI (04m 757?0000 19100 Von Karm'RAISMAN and other minor team participants and members, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 entered into a con?dential, ?duciary and special relationship with Plaintiff and other minor gymnasts (as well as their families). 104. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 breached their con?dential, ?duciary duty and special duties to Plaintiff by the wrongful and negligent conduct described above and incorporated into this cause of action, and in so doing, gained an advantage over Plaintiff in matters relating to Plaintiff?s safety, security and health. In particular, in breaching such duties as alleged, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 were able to sustain their status as institutions (or individuals) of high moral repute, and preserve their reputation, all at the expense of Plaintiff?s further injury and in violation of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's mandatory duties. 105. By virtue of their con?dential, ?duciary and special relationship with Plaintiff, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 owed Plaintiff a duty to: a. Investigate or otherwise con?rm or deny such claims of sexual abuse; b. Reveal such facts to Plaintiff, the gymnastics community, the community at large, and law enforcement agencies; 0. Refuse to place NAS SAR and other molesters in positions of trust and authority within Defendants USOC, USAG and DOES 1 through 500's institutions; (1. Refuse to hold out NASSAR and other molesters to the public, the community, minors, parents and law enforcement agencies as being in good standing and, trustworthy in keeping with him and his position as a team physician and authority ?gure; e. Refuse to assign NASSAR and other molesters to positions of power within Defendants USOC, USAG, and DOES 1 through 500 and over minors; and f. Disclose to Plaintiff, the public, the school community, minors, and law enforcement agencies the wrongful, tortious, and sexually exploitive acts that NASSAR had engaged in with children. 106. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's breach of their respective duties included: a. Not making reasonable investigations of -34- COMPLAINT FOR DAMAGES Suite 800 2612 5 (04m 757-0000 Irv1ne, California NLY, STEWART FINALDI 19100 Von Karm'an Ave TelenhnneIssuing no warnings about NAS c. Permitting NASSAR to routinely be alone with and in control of minors, unsupervised; (1. Not adopting a policy to prevent NASSAR from routinely having minors and participants and members in his unsupervised control; Making no reports of any allegations of NAS abuse of participants and members, or of minors prior to or during his employment and/or agency at Defendants USOC, USAG and DOES 1 through 500; and f. Assigning and continuing to assign NASSAR to duties which placed him in positions of authority and trust over minors, positions in which NASSAR could easily isolate and sexually abuse minors. 107. At the time that Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 engaged in such suppression and concealment of acts, such acts were done for the purpose of causing Plaintiff to forbear on her rights. 108. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's misconduct did reasonably cause Plaintiff to forbear on her rights. 109. The misrepresentations, suppressions and concealment of facts by Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 were intended to and were likely to mislead Plaintiff and others to believe that Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 had no knowledge of any charges, claims or investigations against NASSAR, or that there were no other charges, claims or investigations of unlawful or sexual misconduct against NASSAR or others and that there was no need for them to take further action or precaution. 110. The misrepresentations, suppressions and concealment of facts by Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 was likely to mislead Plaintiff and others to believe that Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 had no knowledge of the fact that NASSAR was a molester, and was known to commit wrongful sexual acts with minors, including with ALY RAISMAN. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 knew or should have known at the time they suppressed and concealed the true facts regarding others' sexual molestations, that the resulting impressions were misleading. 112. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 suppressed and concealed the true facts regarding NASSAR with the purpose of: preventing -3 5 COMPLAINT FOR DAMAGES Suite 800 roam 747-0000 Irvine, California 92612 Telenhnne' MANLY, STEWART FINALDI 19100 Von Karman AvePlaintiff, and others, from learning that NASSAR and others had been and were continuing to sexually harass, molest and abuse minors and others under and Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's control, direction, and guidance, with complete impunity; inducing people, including ALY RAISMAN and other benefactors and donors to participate and ?nancially support Defendants USOC and DOES 1 through 500; USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's program and other enterprises of Defendants USOC, USAG, and DOES 1 through 500; preventing further reports and outside investigations into NASSAR and Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's conduct; preventing discovery of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's own conduct; avoiding damage to the reputations of Defendants USOC, USAG, PENNY and DOES 1 through 500; protecting Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's power and status in the community and the gymnastics community; avoiding damage to the reputation of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, or Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's institutions; and avoiding the civil and criminal liability of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, of NASSAR, and of others. 113. At all times mentioned herein, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, with knowledge of the tortious nature of their own and conduct, knowingly conspired and gave each other substantial assistance to perpetrate the misrepresentations, fraud and deceit alleged herein?covering up the past allegations of sexual misconduct lodged against NASSAR, and allowing NASSAR to remain in his position as a team physician so they could maintain their reputations and continue with their positions within the organization. 114. The Plaintiff and others were misled by Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's suppressions and concealment of facts, and in reliance thereon, were induced to act or induced not to act, exactly as intended by Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500. Specifically, Plaintiff were induced to believe that there were no allegations of criminal or sexual abuse against NASSAR and that he -3 6- COMPLAINT FOR DAMAGES Suite 800 Irvine, California 92612 Telenhnne' (QAQX 757-0000 NLY, STEWART FINALDI 100 Von Karman Avewas safe to be around children. Had Plaintiff known the true facts about NASSAR, they would have not participated further in activities of NASSAR, or continued to ?nancially support Defendants USOC, USAG, and DOES 1 through 500's activities. They would have reported the matters to the proper authorities, to other minor participants and members and their parents so as to prevent future recurrences; they would not have allowed children, including the Plaintiff, to be alone with, or have any relationship with they would not have allowed children, including the Plaintiff, to attend or be under the control of Defendants USOC, USAG and DOES 1 through 500; they would have undertaken their own investigations which would have led to discovery of the true facts; and they would have sought counseling for the Plaintiff, and for other children molested and abused by NASSAR. 115. By giving NASSAR the position of team physician, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 impliedly represented that NAS SAR was safe and morally ?t to give children care and provide osteopathic adjustments. 116. When Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 made these af?rmative or implied representations and non-disclosures of material facts, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 knew or should have known that the facts were otherwise. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 knowingly and intentionally suppressed the material facts that NASSAR had on numerous, prior occasions sexually, physically, and mentally abused minors and participants and members of Defendants USOC, USAG and DOES 1 through 500, including the Plaintiff, and knew of or learned of conduct, or should have known of conduct by NAS SAR which placed Defendants USOC, USAG, and DOES -1 through 500 on notice that NASSAR had previously been suspected of felonies, including unlawful sexual conduct with minors, and was likely abusing children. 117. Because of Plaintiff position on the outside of these organizations, and because of the status of NAS SAR as a trusted, authority figure to Plaintiff and her family, ALY RAISMAN was vulnerable to NASSAR and the representations of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, both express and implied. NASSAR sought the Plaintiff out, -3 7- COMPLAINT FOR DAMAGES Suite 800 Irvine, California 92612 Telenhnne' MANLY, STEWART FINALDI 19100 Von Karman Aveand was empowered by and accepted ALY vulnerability. Plaintiff?s vulnerability also prevented her from effectively protecting herself from the sexual advances of NAS SAR. 118. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 had the duty to obtain and disclose information relating to sexual misconduct of NASSAR. 119. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 misrepresented, concealed or failed to disclose information relating to sexual misconduct of NASSAR. 120. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 knew that they had misrepresented, concealed or failed to disclose information related to sexual misconduct of NASSAR. 121. Plaintiff justi?ably relied upon Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 for information relating to sexual misconduct of NASSAR. 122. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, in concert with each other and with the intent to conceal and defraud, conspired and came to a meeting of the minds whereby they would misrepresent, conceal or fail to disclose information relating to the sexual misconduct of NASSAR, the inability of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 to supervise or stop NASSAR from sexually harassing, molesting and abusing ALY RAISMAN, and their own failure to properly investigate, supervise and monitor his conduct with minor participants and members. 123. By so concealing, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 committed at least one act in furtherance of the conspiracy. 124. As a result of the above?described conduct, Plaintiff has suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress including embarrassment, loss of self-esteem, disgrace, humiliations, and loss of enjoyment of life; has suffered and continues to suffer and was prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, and/or has incurred and will continue to incur expenses for medical and treatment, therapy, and counseling. -3 8- COMPLAINT FOR DAMAGES Suite 800 Irvine, California, 92612 NLY, STEWART FINALDI 9100 Von Karman Ave, TelenhnHE125. In addition, when Plaintiff ?nally discovered the fraud of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, and continuing thereafter, Plaintiff experienced recurrences of the above?described injuries. Plaintiff experienced extreme and severe mental anguish and emotional distress that Plaintiff had been the victim of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's fraud; that Plaintiff had not been able to help other minors being molested because of the fraud, and that Plaintiff had not been able, because of the fraud, to receive timely medical treatment needed to deal with the problems Plaintiff has suffered and continues to suffer as a result of the sexual harassment, molestation and abuse of ALY RAISMAN. 126. In subjecting ALY RAISMAN to the wrongful treatment herein described, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 acted willfully and maliciously with the intent to harm Plaintiff, and in conscious disregard of Plaintiff 3 rights, so as to constitute malice and/or oppression under California Civil Code section 3294. Plaintiff is informed, and on that basis, allege that these willful, malicious, and/or oppressive acts, as alleged herein above, were rati?ed by the of?cers, directors, and/or managing agents of these Defendants. Plaintiff is therefore entitled to recover punitive damages, in an amount to be determined by the court, against Defendants USOC, USAG, PENNY and DOES 1 through 500. SEVENTH CAUSE OF ACTION NEGLIGENCE (Plaintiff ALY RAISMAN Against Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500) 127. Plaintiff re?alleges and incorporates by reference herein each and every allegation contained herein above as though fully set forth and brought in this cause of action. 128. Prior to and after the ?rst incident of the Perpetrator?s (NASSAR) sexual harassment, molestation and abuse of Plaintiff, through the present, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, knew and/or should have known that the Perpetrator (NASSAR) had and was capable of sexually, physically, and mentally abusing and harassing Plaintiff or other victims. 129. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 and each of them had special duties to protect the minor Plaintiff and the other participants and -39- COMPLAINT FOR DAMAGES Suite 800 2612 '9 Irv1ne, California NIANLY, STEWART FINALDI Telenhnne? 19100 Von Karman Ave members, when such minors were entrusted to Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's care by their parents. Plaintiffs care, welfare and physical custody was entrusted to Defendants USOC and DOES 1 through 500. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 voluntarily accepted the entrusted care of Plaintiff. As such, Defendants USOC, USAG, PENNY, PARILLA, 1 through 500 owed Plaintiff, a minor child, a special duty of care that adults dealing with children owe to protect them from harm. The duty to protect and warn arose from the special, trusting, con?dential, and ?duciary relationship between Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 and Plaintiff. 130. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 breached their duties of care to the minor Plaintiff by allowing the Perpetrator (N AS SAR) to come into contact with the minor Plaintiff and other participants and members, without supervision; by failing to adequately hire, supervise and retain the Perpetrator (NAS SAR) whom they permitted and enabled to have access to Plaintiff; by concealing from Plaintiff, her family, and law enforcement that the Perpetrator (NASSAR) was sexually harassing, molesting and abusing minors; and by holding the Perpetrator (NASSAR) out to Plaintiff and her family as being of high moral and ethical repute, in good standing and trustworthy. 131. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 breached their duties to Plaintiff by failing to investigate or otherwise con?rm or deny such facts of sexual abuse by the Perpetrator (NAS SAR), failing to reveal such facts to Plaintiff, her parents, the community and law enforcement agencies, and by placing the Perpetrator (N AS SAR) into a position of trust and authority, holding him out to Plaintiff, her parents, and the public as being in good standing and trustworthy. 132. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 breached their duty to Plaintiff by failing to adequately monitor and supervise the Perpetrator (NAS SAR) and failing to prevent the Perpetrator (NASSAR) from committing wrongful sexual acts with minors including Plaintiff. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500?s voluminous past records of sexual misconduct by the Perpetrator (NASSAR) caused Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 to know, or -40- COMPLAINT FOR DAMAGES Suite 800 2612 5 Irvrne, California Telenhnne' MANLY, STEWART FINALDI 19100 Von Karman Ave gave them information where they should have known, of the Perpetrator?s (N AS SAR) incapacity to serve as a team physician, providing for the physical care of minor females. 133. As a result of the above?described conduct, Plaintiff has suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress including embarrassment, loss of self?esteem, disgrace, humiliations, and loss of enjoyment of life; has suffered and continues to suffer and was prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, and has incurred and will continue to incur expenses for medical and treatment, therapy, and counseling. EIGHTH CAUSE OF ACTION NEGLIGENT SUPERVISION (Plaintiff ALY RAISMAN Against Defendants USOC, USAG, PENNY. PARILLA, and DOES 1 through 500) 134. Plaintiff re?alleges and incorporates by reference herein each and every allegation contained herein above as though fully set forth and brought in this cause of action. 135. By virtue of Plaintiffs special relationship with Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, and Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's relation to the Perpetrator (NASSAR), Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 owed Plaintiff a duty to provide reasonable supervision of the Perpetrator (NASSAR), to use reasonable care in investigating the Perpetrator?s (NASSAR) background, and to provide adequate warning to Plaintiff, Plaintiff?s family, and minor participants and members of the Perpetrator?s (NASSAR) dangerous propensities and un?tness. As organizations and individuals responsible for, and entrusted with, the welfare of minor children, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 had a duty to protect, supervise, and monitor both the Plaintiff from being preyed upon by sexual predators, and to supervise and monitor the Perpetrator (NASSAR) such that he would not be placed in seclusion with minor children, including the Plaintiff. 136. As representatives of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, where many of the participants and members thereof are vulnerable minors entrusted to these Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, these -41 COMPLAINT FOR DAMAGES Suite 800 2612 9 (040? 757-0000 Irvine, California MANLY, STEWART FINALDI 19100 Von Karman Ave. TelenhnneDefendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500?s agents expressly and implicitly represented that team physicians and staff, including the Perpetrator (NASSAR), were not a sexual threat to children and others who would fall under the Perpetrator?s (N AS SAR) in?uence, control, direction, and care. 137. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, by and through their respective agents, servants and employees, knew or should have known of the Perpetrator?s (NASSAR) dangerous and exploitive propensities and that the Perpetrator (NASSAR) was an un?t agent. Despite such knowledge, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 negligently failed to supervise the Perpetrator (NASSAR) in his position of trust and authority as a team physician and authority ?gure over children, where he was able to commit wrongful acts of sexual misconduct against Plaintiff. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 failed to provide reasonable supervision of the Perpetrator (NASSAR), failed to use reasonable care in investigating the Perpetrator (NASSAR), and failed to provide adequate warning to Plaintiff and Plaintiffs family of the Perpetrator?s (NASSAR) dangerous propensities and un?tness. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 further failed to take reasonable steps to ensure the safety of minors, including Plaintiff, from sexual harassment, molestation, and abuse. 138. At no time during the periods of time alleged did Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 have in place a reasonable system or procedure to investigate, supervise and monitor the team physician or staff, including the Perpetrator (NASSAR), to prevent pre-sexual grooming and sexual harassment, molestation and abuse of children, nor did they implement a system or procedure to oversee or monitor conduct toward minors and others in Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's care. 139. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 were aware or should have been aware of how vulnerable children were to sexual harassment, molestation and abuse by teachers and other persons of authority within Defendants USOC and DOES 1 through 500?s entities. -42- COMPLAINT FOR DAMAGES . Suite 800 62612 lrv1ne, California (04917.52?9000 STEWART FINALDI 19100 Von Karman Ave Telenhnnex MANLY 140. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 were put on notice, knew and/or should have known that the Perpetrator (NASSAR) had previously engaged and was continuing to engage in unlawful sexual conduct with minors, and had committed other felonies, for his own personal sexual grati?cation, and that it was foreseeable that he was engaging, or would engage in illicit sexual activities with Plaintiff, and others, under the cloak of the authority, con?dence, and trust, bestowed upon him through Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500. 141. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 were placed on actual or constructive notice that the Perpetrator (NASSAR) had molested other minors and participants and members during his employment with Defendants USOC and DOES 1 through 500. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 were informed of molestations of minors committed by the Perpetrator (NASSAR) prior to Plaintiff?s sexual abuse, and of conduct by the Perpetrator (NASSAR) that would put a reasonable person on notice of such propensity to molest and abuse children. 142. Even though Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 knew or should have known of these illicit sexual activities by the Perpetrator (NAS SAR), Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 did not reasonably investigate, supervise or monitor the Perpetrator (NAS SAR) to ensure the safety of the minor participants and members. 143. Defendants USAG, PENNY, PARILLA, and DOES 1 through 500's conduct was a breach of their duties to Plaintiff. 144. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, and each of them, breached their duty to Plaintiff by, inter alia, by failing to adequately monitor and supervise the Perpetrator (NASSAR) and stop the Perpetrator (NASSAR) from committing wrongful sexual acts with minors including Plaintiff. 145. As a result of the above?described conduct, Plaintiff has suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress including embarrassment, loss of self-esteem, disgrace, humiliations, and loss of -43- COMPLAINT FOR DAMAGES Suite 800 (mm 957-0000 STEWART FINALDI Irv1ne, California 92612 19100 Von Karman Ave., Telenhnne' MANLY enjoyment of life; has suffered and continues to suffer and was prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, and/or has incurred and will continue to incur expenses for medical and treatment, therapy, and counseling. NEGLIGENCE PER IN VIOLATION OF MANDATED REPORTING LAWS 146. Under applicable law, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, by and through their employees and agents, were child care custodians and were under a duty to report known or suspected incidents of sexual molestation or abuse of minors to a child protective agency, and not to impede the ?ling of any such report. 147. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 knew or should have known that their team physician, the Perpetrator (NASSAR), and other staff of Defendants USOC, USAG, and DOES 1 through 500, had sexually molested, abused or caused touching, battery, harm, and/or other injuries to minors, including Plaintiff, giving rise to a duty to report such conduct. 148. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 knew, or should have known, in the exercise of reasonable diligence, that an undue risk to minors, including Plaintiff, existed because Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 did not comply with California's mandatory reporting requirements. 149. By failing to report the continuing molestations and abuse by the Perpetrator (NASSAR), which Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 knew or should have known about, and by ignoring the ful?llment of the mandated compliance with the reporting requirements, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 created the risk and danger contemplated by the applicable mandated reporting laws, and as a result, unreasonably and wrongfully exposed Plaintiff and other minors to sexual molestation and abuse. 150. Plaintiff was a member of the class of persons for whose protection applicable mandated reporting laws were specifically adopted to protect. -44- COMPLAINT FOR DAMAGES LDI Suite 800 2612 E5 (040124241000 Irvine, California TelenhnnE' MANLY, STEWART FIN 19100 Von Karman Ave 151. Had Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 adequately reported the molestation of Plaintiff and other minors as required by applicable mandated reporting laws, further harm to Plaintiff and other minors would have been avoided. 152. As a proximate result of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's failure to follow the mandatory reporting requirements, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 wrongfully denied Plaintiff and other minors the intervention of child protection services. Such public agencies would have changed the then-existing arrangements and conditions that provided the access and opportunities for the molestation of Plaintiff by the Perpetrator (NASSAR). 153. The physical, mental, and emotional damages and injuries resulting from the sexual molestation of Plaintiff by the Perpetrator (NASSAR), were the type of occurrence and injuries that the applicable mandated reporting laws were designed to prevent. 154. As a result, Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's failure to comply with the mandatory reporting requirements constituted a per se breach of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's duties to Plaintiff. 155. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, and each of them, breached their duty to Plaintiff by, inter alia, by failing to adequately monitor and supervise the Perpetrator (NAS SAR) and stop the Perpetrator (NASSAR) from committing wrongful sexual acts with minors including Plaintiff. 156. As a result of the above?described conduct, Plaintiff has suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress including embarrassment, loss of self-esteem, disgrace, humiliations, and loss of enjoyment of life; has suffered and continues to suffer and was prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, and/or has incurred and will continue to incur expenses for medical and treatment, therapy, and counseling. NINTH CAUSE OF ACTION NEGLIGENT (Plaintiff ALY RAISMAN Against Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500) -45- COMPLAINT FOR DAMAGES DI 800 AL 2 SUI 1 (04m 7.52-0000 STEWART 19100 Von Karman Ave., lrvme, California 926 Telenhnne? MANLY 157. Plaintiff re-alleges and incorporates by reference herein each and every allegation contained herein above as though fully set forth and brought in this cause of action. 158. By virtue of Plaintiff?s special relationship with Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, and Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's relation to the Perpetrator (NASSAR), Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 owed Plaintiff a duty to not hire or retain the Perpetrator (NASSAR), given his dangerous and exploitive propensities, which Defendants USOC, USAG, PENNY, PARILLA, 1 through 500 knew or should have known about had they engaged in areasonable, meaningful and adequate investigation of her background prior . to her hiring or retaining her in subsequent positions of employment. 159. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 expressly and implicitly represented that the team staff, trainers, and team physicians, including the Perpetrator (NASSAR), were not a sexual threat to. children and others who would fall under the Perpetrator?s (NASSAR) in?uence, control, direction, and guidance. 160. At no time during the periods of time alleged did Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 have in place a reasonable system or procedure to investigate, supervise and monitor team staff, trainers, and team physicians, including the Perpetrator (NASSAR), to prevent pre-sexual grooming or sexual harassment, molestation and abuse of children, nor did they implement a system or procedure to oversee or monitor conduct toward minors, participants and members and others in Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's care. 161. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 were aware or should have been aware and understand how vulnerable children were to sexual harassment, molestation and abuse by teachers and other persons of authority Within the control of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 prior to Plaintiff?s sexual abuse by the Perpetrator (NAS SAR). 162. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 were put on notice, and should have known that the Perpetrator (NASSAR) had previously engaged and -46? COMPLAINT FOR DAMAGES STEWART FINALDI Suite 800 (040\ 757-0000 9 19100 Von Karman Ave., Irvine, California 92612 Telenhnne? MANLY continued to engage in unlawful sexual conduct with minors and was cormnitting other felonies, for his own personal grati?cation, and that it was, or should have known it would have been foreseeable that he was engaging, or would engage in illicit sexual activities with Plaintiff, and others, under the cloak of his authority, con?dence, and trust, bestowed upon her through Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500. 163. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 were placed on actual or constructive notice that the Perpetrator (NASSAR) had molested or was molesting minors and participants and members, both before his employment within Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, and during that employment Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 had knowledge of inappropriate conduct and molestations committed by the Perpetrator (NASSAR) before and during his employment, yet chose to allow him to remain unsupervised where she sexually abused Plaintiff. 164. Even though Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 knew or should have known of these sexually illicit activities by the Perpetrator (NASSAR), Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 failed to use reasonable care in investigating the Perpetrator (NASSAR) and did nothing to reasonably investigate, supervise or monitor the Perpetrator WASSAR) to ensure the safety of the minor participants and members. 165. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500's conduct was a breach of their duties to Plaintiff. 166. As a result of the above?described conduct, Plaintiff has suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress including embarrassment, loss of self-esteem, disgrace, humiliations, and loss of enjoyment of life; has suffered and continues to suffer and was prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, and/or has incurred and will continue to incur expenses for medical and treatment, therapy, and counseling. -47- COMPLAINT FOR DAMAGES Suite 800 (0401757-0000 NLY, STEWART FINALDI Irv1ne,Cal1forn1a ?2612 1 100 Von Karman Aye. Telenhnn9TENTH CAUSE OF ACTION NEGLIGENT FAILURE TO WARN, TRAIN, or EDUCATE (Plaintiff ALY RAISMAN Against Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500) 167. Plaintiff re-alleges and incorporates by reference herein each and every allegation contained herein above as though fully set forth and brought in this cause of action. 168. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 owed Plaintiff a duty to take reasonable protective measures to protect Plaintiff and other minor participants and members from the risk of childhood sexual harassment, molestation and abuse by the Perpetrator (NASSAR) by properly warning, training or educating Plaintiff and other about how to avoid such a risk. 169. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 breached their duty to take reasonable protective measures to protect Plaintiff and other minor participants and members from the risk of childhood sexual harassment, molestation and abuse by the Perpetrator (N AS SAR), such as the failure to properly warn, train or educate Plaintiff and other minor participants and members about how to avoid such a particular risk that the Perpetrator (NASSAR) posed?of sexual misconduct. 170. Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500 breached their duty to take reasonable protective measures to protect Plaintiff and other minor participants and members from the risk of childhood sexual harassment, molestation and abuse by the Perpetrator (NASSAR), by failing to supervise and stop employees of Defendants USOC, USAG, PENNY, PARILLA, and DOES 1 through 500, including the Perpetrator (NASSAR), from committing wrongful sexual acts with minors, including Plaintiff. 171. As a result of the above?described conduct, Plaintiff has suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress including embarrassment, loss of self?esteem, disgrace, humiliations, and loss of enjoyment of life; has suffered and continues to suffer and was prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, and/or has incurred and will continue to incur expenses for medical and treatment, therapy, and counseling. ?48- COMPLAINT FOR DAMAGES Suite 800 (0401757-0000 Irvine, California 92612 Telenhnne? MANLY, STEWART FINALDI 19100 Von Karman AveELEVENTH CAUSE OF ACTION SEXUAL BATTERY: Civil Code 1708.5 (Plaintiff ALY RAISMAN Against DEFENDANT NASSAR) 172. Plaintiff re-alleges and incorporates by reference herein each and every allegation contained herein above as though fully set forth and brought in this cause of action. 173. NASSAR, in doing the things herein alleged, including intending to subject Plaintiff to numerous instances of sexual abuse and harassment by NASSAR, during Plaintiff?s time with USAG and USOC, beginning on or around 2010 to in or around 2012, and in or around 2015, including but not limited to instances of NASSAR groping and fondling the Plaintiff?s vagina all While NASSAR acted in the course and scope of his agency/employment with Defendants, and each of them and were intended to cause harmful or offensive contact with Plaintiff?s person, and did cause such harmful or offensive contact. 174. NASSAR did the aforementioned acts with the intent to cause a harmful or offensive contact with an intimate part of Plaintiff?s person, and would offend a reasonable sense of personal dignity. Further, said acts did cause a harmful or offensive contact with an intimate part of Plaintiffs person that would offend a reasonable sense of personal dignity. 175. Because of position of authority over Plaintiff, and Plaintiff?s mental and emotional state, and Plaintiff?s young age under the age of consent, Plaintiff was unable to, and did not, give meaningful consent to such acts. 176. As a direct, legal and proximate result of the acts of NAS SAR, Plaintiff sustained serious and permanent injuries to her person, all of his damage in an amount to be shown according to proof and within the jurisdiction of the Court. 177. As a direct result of the sexual abuse by NASSAR, Plaintiff has dif?culty in reasonably or meaningfully interacting with others, including those in positions of authority over Plaintiff including teachers, and supervisors, and in con?dential, business, and familial relationships, due to the trauma of childhood sexual abuse in?icted upon her by NAS SAR. This inability to interact creates con?ict with Plaintiff?s values of trust and con?dence in others, and has caused Plaintiff substantial emotional distress, anxiety, nervousness and fear. As a direct result of the sexual abuse and harassment by NASSAR, Plaintiff suffered immensely, including, but not -49- COMPLAINT FOR DAMAGES . Suite 800 92612 Irv1ne, California (040\ 757,-0900 MANLY, STEWART FINALDI 19100 Von Karman Ave limited to, encountering issues with a lack of trust, various sequelae, depressive anxiety, and nervousness. 178. Plaintiff is informed and based thereon alleges that the conduct of NASSAR was oppressive, malicious and despicable in that it was intentional and done in conscious disregard for the rights and safety of others, and were carried out with a conscious disregard of her right to be free from such tortious behavior, such as to constitute oppression, fraud or malice pursuant to California Civil Code section 3294, entitling Plaintiff to punitive damages against NASSAR in an amount appropriate to punish and set an example of NASSAR. THIRD CAUSE OF ACTION GENDER VIOLENCE (Plaintiff ALY RAISMAN Against DEFENDANT NASSAR) 179. Plaintiff re?alleges and incorporates by reference herein each and every allegation contained herein above as though fully set forth and brought in this cause of action. 180. NAS acts committed against Plaintiff, as alleged herein, including the sexual harassment and abuse of the Plaintiff constitutes gender violence and a form of sex discrimination in that one or more of NAS acts would constitute a criminal offense under state law that has as an element the use, attempted use, or threatened use of physical force against the person of another, committed at least in part based on the gender of the Victim, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction. 181. acts committed against Plaintiff, as alleged herein, including the sexual harassment and abuse of the Plaintiff constitutes gender violence and a form of sex discrimination in that conduct caused a physical intrusion or physical invasion of a sexual nature upon Plaintiff under coercive conditions, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction. 182. As a proximate result of acts, Plaintiff is entitled to actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. Plaintiff is also entitled to an award of attorney's fees and costs pursuant to Civil Code 52.4, against NASSAR. -50- COMPLAINT FOR DAMAGES STEWART FINALDI Suite 800 22612 Irvine, California 1 100 Von Karm?an Aye. TelenhoneWHEREFORE, Plaintiff prays for a jury trial and for judgment against Defendants as follows: FOR ALL CAUSES OF ACTION 1. For past, present and future non?economic damages in an amount to be determined at trial; 2. For past, present and future special damages, including but not limited to past, present and future lost earnings, economic damages and others, in an amount to be determined at trial. 3, Any appropriate statutory damages; 4. For costs of suit; 5. Punitive damages, according to proof, though not as to the Negligence Causes of Action (Causes of Action 7, 8, 9, and 10); 6. For interest based on damages, as well as pre-judgment and post-judgment interest as allowed by law; 7. For attorney?s fees pursuant to California Code of Civil Procedure sections 1021.5, et seq., or as otherwise allowable by law; 8. For declaratory and injunctive relief, including but not limited to court supervision of Defendants USAG, and and 9. For such other and further relief as the Court may deem proper. Dated: February 2018 MANLY, STEWART FINALDI By: Attorneys for Plaintiff A RAISMAN -51- COMPLAINT FOR DAMAGES DEMAND FOR JURY TRIAL Plaintiff ALY RAISMAN hereby demands a trial by jury. Dated: February 2018 MANLY, STEWART FINALDI LDI Suite 800 STEWART FINA Irvine, California 92612 Telenhnne? NLY 19100 Von Karman AveBy: (119% a W, HN C. MANLY, Esq/ Attorneys for Plaintiff ALY RAISMAN -1- DEMAND FOR JURY TRIAL EXHIBIT us i? a. 55:25,: 53515333 1-35]; . .5 HEX Iaz?a p-325 ?71m. arm; a ?c?u?zz?n ?.mp3: fugit? jibe-.3 (3113?s; {a bting 13 11.31131: {13453113 1:5 33:25.1? Attendee. 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