PH (415) 434-9800 FX (415) 434-0513 www.rezlaw.com 351 CALIFORNIA STREET, SUITE 700 7 Attorneys for Plaintiff RACHEL DANAE VACHATA 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SANTA CLARA 10 SAN FRANCISCO, CALIFORNIA 94104 RUDY EXELROD ZIEFF & LOWE  LLP 1 DAVID A. LOWE (SBN 178811) Email: dal@rezlaw.com 2 MICHELLE G. LEE (SBN 266167) 3 Email: mgl@rezlaw.com RUDY, EXELROD, ZIEFF & LOWE, L.L.P 4 351 California Street, Suite 700 San Francisco, CA 94104 5 Telephone: (415) 434-9800 Facsimile: (415) 434-0513 6 11 RACHEL DANAE VACHATA, 12 13 14 15 Case No. Plaintiff, FIRST AMENDED COMPLAINT FOR DAMAGES vs. LUCIO LANZA, JURY TRIAL DEMANDED Defendant. 16 / 17 18 RACHEL DANAE VACHATA complains and alleges as follows: NATURE OF THE CASE 19 20 1. Lucio Lanza sexually assaulted Danae Vachata on a red-eye commercial flight 21 from San Francisco. Lanza is a 73 year-old prominent Silicon Valley venture capitalist; Ms. 22 Vachata is a 29 year-old co-founder of technology companies and is on the Forbes “30 Under 30 23 in Healthcare” list for 2018. When Lanza learned that Ms. Vachata was co-founder of a 24 technology start-up company, he preyed on her by threatening that he could use his position as a 25 powerful venture capitalist to make or break her company. Lanza then groped Ms. Vachata 26 repeatedly, grabbing her arm, crotch, and breast, attempting to kiss her, and inserting his hand 27 between her legs. Ms. Vachata was shocked and horrified by Lanza’s assault, which she 28 attempted to stop. Immediately afterward, she reported the assault to a nearby passenger, who 1 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: ____________ 1 was an off-duty pilot. She also reported the assault to airline authorities and to law enforcement. 2 On her connecting flight shortly thereafter, Ms. Vachata suffered an anxiety attack and lost 3 consciousness on the plane due to the stress and humiliation of Lanza’s actions. Medical 4 personnel attended to her when her flight landed. Through this lawsuit, Ms. Vachata seeks to 5 hold Lanza accountable for his reprehensible and illegal acts, including seeking damages for her 6 emotional distress and punitive damages. 7 2. Since filing the initial Complaint in this matter, Ms. Vachata has learned that 8 Lanza has engaged in a pattern of sexually assaulting women going back more than a decade. PH (415) 434-9800 FX (415) 434-0513 www.rezlaw.com 351 CALIFORNIA STREET, SUITE 700 10 fondling them against their will and boasting about his power to make or break careers in Silicon SAN FRANCISCO, CALIFORNIA 94104 RUDY EXELROD ZIEFF & LOWE  LLP 9 Specifically, other women have come forward to share their experiences of Lanza groping and 11 Valley. The assault on Ms. Vachata is just the latest example of Lanza’s predatory behavior. PARTIES AND VENUE 12 13 3. Plaintiff Rachel Danae Vachata (she commonly uses “Danae” as her first name) 14 was a co-founder and Chief Operating Officer of an early-stage medical device company. 15 4. Plaintiff is informed and believes and thereon alleges that Defendant Lucio Lanza 16 is and, at all relevant times mentioned herein, was an individual residing in the County of Santa 17 Clara, California. Plaintiff further alleges on information and belief that Defendant is Managing 18 Director of Lanza Tech Ventures, an investment firm that is located in Palo Alto, California. 19 5. This Court has jurisdiction over Defendant and venue is proper in this Court 20 pursuant to California Code of Civil Procedure section 395. As alleged herein, Defendant lives 21 and works in the County of Santa Clara, State of California. FACTS COMMON TO ALL CAUSES OF ACTION 22 23 6. Ms. Vachata is an entrepreneur who co-founded two companies. She was named 24 to Forbes’ “30 Under 30 in Healthcare” list for 2018. She frequently traveled between San 25 Francisco and Chicago for work. 26 7. On July 28, 2017, Ms. Vachata boarded an overnight “redeye” flight from San 27 Francisco to Minneapolis, Minnesota on her way to Chicago, her final destination. The flight 28 was scheduled to take off after midnight and land around 6:00 a.m. local time. 2 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: ____________ 1 8. Prior to boarding the flight, Ms. Vachata attempted to send a work email attaching 2 a video of her company’s product. As she proceeded to her assigned seat on the plane, she 3 carried her laptop open, with the video displayed on the screen. As soon as she sat down, she 4 hurried to upload the video to email before take-off. 5 9. Defendant Lanza, who was seated next to Ms. Vachata, saw the video and 6 company logo. He began asking her questions about her role in the company and the technology. 7 He also asked her questions about where she lived and where she was flying. While the 8 conversation was comprised of innocuous-seeming small talk, Ms. Vachata noticed that PH (415) 434-9800 FX (415) 434-0513 www.rezlaw.com 351 CALIFORNIA STREET, SUITE 700 10 SAN FRANCISCO, CALIFORNIA 94104 RUDY EXELROD ZIEFF & LOWE  LLP 9 Defendant smelled of alcohol. 10. Before takeoff, a flight attendant approached Defendant and stated that he was 11 sitting in the wrong seat and that he would need to move to a different seat. Defendant was 12 seated in the aisle seat of a three-seat row, with Ms. Vachata seated next to him in the middle 13 seat. The window seat was occupied by someone who appeared to be sleeping. Defendant 14 requested to remain in his seat next to Ms. Vachata. The flight attendant insisted that he move, 15 stating that the seat belonged to someone else. As Defendant was leaving his seat, he asked Ms. 16 Vachata what kind of drink she would like. She declined the offer. 17 11. Defendant moved to a different seat. The seat next to Ms. Vachata was then 18 occupied by an off-duty pilot. After the plane took off, the cabin lights were dimmed and 19 remained that way for the duration of the flight. 20 12. After takeoff, Defendant returned to the row where Ms. Vachata was seated. He 21 stood in the aisle, staring at Ms. Vachata and the pilot in the seat next to her, but said nothing. It 22 appeared that Defendant was having difficulty standing in the aisle. Because Defendant was 23 staring at her, Ms. Vachata asked him whether he needed assistance with obtaining his luggage 24 from the overhead bin. Defendant responded no. He then proceeded to bend over the airplane 25 seat to talk to Ms. Vachata and the pilot. It was apparent to Ms. Vachata that Defendant was 26 intoxicated, as he was slurring words, repeating half sentences, and propping himself up on the 27 seats. Defendant said that he was close friends with Steve Jobs and talked at length about his 28 work at Intel and his investments. 3 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: ____________ 1 13. The pilot informed Defendant that he should not stand in the aisle for an extended 2 period of time. He requested that Defendant return to his seat, which Defendant did. 3 14. Shortly thereafter, Defendant returned with a glass of vodka, which he handed to 4 Ms. Vachata. Ms. Vachata accepted the glass and took one sip. Defendant continued to talk to 5 Ms. Vachata and the pilot, leaning over the airplane seat and slurring his words. He spoke 6 primarily about his connections, careers, companies, and properties. The pilot again requested 7 that Defendant return to his seat, which he did. Ms. Vachata discarded the glass of vodka and 8 obtained a glass of sparkling water. 15. Defendant again returned to Ms. Vachata’s row. He spoke briefly with the pilot, PH (415) 434-9800 FX (415) 434-0513 www.rezlaw.com 351 CALIFORNIA STREET, SUITE 700 10 who asked if Defendant just wanted to switch seats. Defendant agreed. He then sat in the seat SAN FRANCISCO, CALIFORNIA 94104 RUDY EXELROD ZIEFF & LOWE  LLP 9 11 next to Ms. Vachata. 12 16. Defendant began talking about his work again, but quickly became physical with 13 Ms. Vachata. He grabbed her by her arm and pulled her in closer to him and repeatedly said he 14 was so pleased to finally be sitting next to Ms. Vachata. He continued to pull on Ms. Vachata’s 15 arm to draw her closer to him. He then grabbed her right breast. Ms. Vachata pushed away 16 Defendant’s hand from her breast, but Defendant became even more physically aggressive. 17 Defendant grabbed her arm again and attempted to kiss Ms. Vachata on her check and mouth. 18 Ms. Vachata reared back and put her arm up to block him. Defendant continued to keep pulling 19 her arm and trying to kiss her. Ms. Vachata continued to attempt to block his assault with her 20 free arm, putting her hand in his face and saying “no” and “stop.” 21 17. Throughout the assault, Defendant went on about his power in the industry in 22 which Ms. Vachata works and how he has the capability to “make or break” her career. He stated 23 that he was interested in investing in her company, as he had similarly done in his son’s 24 company. Ms. Vachata tried to end the conversation. 25 18. Defendant then inserted his hand in Ms. Vachata’s crotch area and tried to push 26 his hand up between her legs around her vaginal area. Defendant kept his hand in Ms. Vachata’s 27 crotch area as he continued to talk at Ms. Vachata in his drunken state. Ms. Vachata was in a 28 state of shock as Defendant continued his assault. 4 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: ____________ 1 19. At no point did Ms. Vachata consent to Defendant’s physical assault, much less 2 any form of sexual contact. Throughout the ordeal, Ms. Vachata was humiliated and horrified by 3 Defendant’s conduct. In the dark plane, she felt trapped in her seat by Defendant and unable to 4 make him stop. 5 20. After about 30 to 45 minutes of this assault, when the plane was beginnings its 6 descent, Defendant saw the pilot returning to his seat next to Ms. Vachata. Defendant removed 7 his hand from her crotch area and re-adjusted himself so that he was no longer in close proximity 8 to Ms. Vachata. 21. After the off-duty pilot had resumed his seat next to Ms. Vachata, she immediately PH (415) 434-9800 FX (415) 434-0513 www.rezlaw.com 351 CALIFORNIA STREET, SUITE 700 10 told him what Defendant had just done to her. She told him that Defendant had touched her and SAN FRANCISCO, CALIFORNIA 94104 RUDY EXELROD ZIEFF & LOWE  LLP 9 11 tried to kiss her. She was terrified about Defendant’s ability to follow her to her gate and 12 potentially find out where she lived in Chicago. She asked the pilot to whom she should report 13 the incident. The pilot responded that she could alert the airline once she got to her next gate and 14 said that he would walk her to her gate. He also noted that there were several empty glasses of 15 alcoholic drinks in Defendant’s seat. 16 22. When Ms. Vachata exited the plane, Defendant was waiting for her at the gate and 17 attempted to engage her in conversation. Ms. Vachata rushed by, telling Defendant that she was 18 late for her next flight. Defendant offered his business card, which Ms. Vachata quickly took as 19 she continued with the pilot through the terminal to her next gate. 20 23. When she arrived at the gate of her next flight, a short connecting flight to 21 Chicago, Ms. Vachata asked the gate attendant to be placed in a seat where she would not have to 22 sit next to a male passenger. The gate attendant stated that they could not accommodate her 23 request. Ms. Vachata explained that she was just sexually assaulted on her previous flight, which 24 was why she was making the request. The gate attendant replied that he needed to inform his 25 supervisor of the incident. The supervisor arrived at the gate and asked Ms. Vachata to describe 26 in detail what happened on the previous flight. She also asked for Defendant’s name and 27 information to look him up in their system. 28 24. After looking into Defendant’s profile, the supervisor informed Ms. Vachata that 5 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: ____________ 1 Defendant is a platinum member with the airline, which was likely why he was not forced to stay 2 in his original assigned seat and was not cut off from being over-served alcoholic beverages. 3 25. Ms. Vachata asked the supervisor what steps she should take to alert the proper 4 authorities of the incident. The supervisor stated that the incident had been recorded by the 5 company and that someone from corporate would reach out to her that day. The supervisor asked 6 Ms. Vachata if she would like to take a later flight to Chicago. Ms. Vachata declined, stating that 7 the best thing for her to do was to go to Chicago and be around someone she trusts. 8 26. After concluding her conversation with the supervisor, Ms. Vachata called a close PH (415) 434-9800 FX (415) 434-0513 www.rezlaw.com 351 CALIFORNIA STREET, SUITE 700 10 her up from Chicago O’Hare Airport when she landed. SAN FRANCISCO, CALIFORNIA 94104 RUDY EXELROD ZIEFF & LOWE  LLP 9 personal friend to inform her that she was just sexually assaulted and needed her friend to pick 11 27. As she was boarding her flight to Chicago, Ms. Vachata called her co-founder at 12 her company, and described to him what had happened with Defendant. She stated that she 13 wanted to press charges against Defendant. 14 28. A woman in the seat in front of Ms. Vachata had overheard Ms. Vachata’s 15 conversation with the co-founder. She said she was sorry for the trauma Ms. Vachata had just 16 experienced. 17 29. Ms. Vachata began to hyperventilate from the intense stress of the situation. She 18 bent forward in her seat and lost consciousness. She came to as several flight attendants were 19 leaning her seat back and trying to give her oxygen. It took Ms. Vachata several minutes to fully 20 return to consciousness and gather her faculties. 21 30. The flight attendants spoke with Ms. Vachata about grounding the flight but, after 22 speaking with the pilots, informed her that they would land at O’Hare Airport as scheduled since 23 the flight was a short 45 minutes. Ms. Vachata replied that she did not want to ground the flight 24 and wanted to get to Chicago as soon as possible to meet her friend, who was picking her up from 25 the airport. Ms. Vachata explained that she had experienced a post-traumatic stress disorder 26 (“PTSD”) episode but that she did not need medical assistance. 27 31. When the flight landed, Ms. Vachata was escorted off the plane first and taken to 28 waiting Emergency Medical Services personnel at the gate to be examined and medically cleared. 6 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: ____________ 1 Ms. Vachata informed them that she had just been sexually assaulted on an earlier flight, which 2 caused her to experience a PTSD episode. She declined further medical care and signed the 3 paperwork for her clearance. 4 32. After this lawsuit was filed, other women approached Ms. Vachata to share their 5 experiences of being sexually assaulted by Lanza. As of the filing of the First Amended 6 Complaint, Ms. Vachata is informed and believes and therefore alleges, that Lanza has groped 7 and fondled multiple women over a period of more than ten years, similarly boasting about his 8 power in the tech community to “make or break” careers as part of his pattern of abusing and PH (415) 434-9800 FX (415) 434-0513 www.rezlaw.com 351 CALIFORNIA STREET, SUITE 700 10 SAN FRANCISCO, CALIFORNIA 94104 RUDY EXELROD ZIEFF & LOWE  LLP 9 exploiting women. FIRST CAUSE OF ACTION 11 (Sexual Battery in violation of California Civil Code § 1708.5) 12 13 33. Plaintiff hereby incorporates by reference paragraphs 1 through 32 of this 14 Complaint as if fully set forth herein, and for a cause of action alleges as follows: 15 34. California Civil Code section 1708.5 provides that: 16 (a) A person commits a sexual battery who does any of the following: 17 (1) Acts with the intent to cause a harmful or offensive contact with an intimate 18 part of another, and a sexually offensive contact with that person directly or 19 indirectly results. 20 (2) Acts with the intent to cause a harmful or offensive contact with another by 21 use of his or her intimate part, and a sexually offensive contact with that person 22 directly or indirectly results. 23 (3) Acts to cause an imminent apprehension of the conduct described in paragraph 24 (1) or (2), and a sexually offensive contact with that person directly or indirectly 25 results. 26 35. Plaintiff alleges that Defendant Lanza committed the act of civil sexual battery in 27 violation of California Civil Code section 1708.5 when, as described above, Defendant willfully, 28 maliciously, intentionally and without the consent of Plaintiff subjected her to harmful and/or 7 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: ____________ 1 offensive touching of Plaintiff’s breast, vagina, and upper thighs. 2 36. As a direct, foreseeable, and proximate result of Defendant’s unlawful actions, 3 Plaintiff has suffered physical injury, pain, and suffering and continues to suffer severe emotional 4 distress, including shame, anxiety, embarrassment, stress, and indignity, all to Plaintiff’s damage 5 in an amount to be proven at the time of trial. 6 37. Defendant committed the aforementioned acts despicably, maliciously, and 7 willfully, with the wrongful intention of injuring Plaintiff, from an improper and evil motive 8 amounting to malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is PH (415) 434-9800 FX (415) 434-0513 www.rezlaw.com 351 CALIFORNIA STREET, SUITE 700 SAN FRANCISCO, CALIFORNIA 94104 RUDY EXELROD ZIEFF & LOWE  LLP 9 thus entitled to recover punitive damages from Defendant in an amount according to proof. 10 SECOND CAUSE OF ACTION 11 (Battery) 12 38. Plaintiff alleges and incorporates herein by reference paragraphs 1 through 32 13 above as if fully set forth herein. 14 39. On July 28, 2017, Defendant intentionally and unlawfully engaged in harmful 15 and/or offensive contact with Plaintiff’s person, including touching of Plaintiff’s arm, breast, 16 vagina, and thighs. 17 40. By engaging in the conduct alleged herein, Defendant intended to cause physical 18 harm or offensive touching to Plaintiff. 19 41. As a result of Defendant’s acts, Plaintiff was physically harmed and/or 20 experienced offensive contact with her person. Plaintiff did not consent to any of this contact. 21 42. As a direct, foreseeable, and proximate result of Defendant’s unlawful actions, 22 Plaintiff has suffered physical injury, pain, and suffering and continues to suffer severe emotional 23 distress, including shame, anxiety, embarrassment, stress, and indignity, all to Plaintiff’s damage 24 in an amount to be proven at the time of trial. 25 43. Defendant committed the acts herein despicably, maliciously, and willfully, with 26 the wrongful intention of injuring Plaintiff, from an improper and evil motive amounting to 27 malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus entitled to 28 recover punitive damages from Defendant in an amount according to proof. 8 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: ____________ 1 THIRD CAUSE OF ACTION 2 (Gender Violence in violation of California Civil Code § 52.4) 3 44. Plaintiff alleges and incorporates herein by reference paragraphs 1 through 32 4 above as if fully set forth herein. 5 45. Defendant’s acts committed against Plaintiff, as alleged herein, including the 6 unwanted, offensive, and repeated sexual contact, constitute gender violence and a form of sex 7 discrimination in that one or more of Defendant’s acts would constitute a criminal offense under 8 state law that has as an element the use, attempted use or threatened use of physical force against PH (415) 434-9800 FX (415) 434-0513 www.rezlaw.com 351 CALIFORNIA STREET, SUITE 700 10 whether or not those acts have resulted in criminal complaints, charges, prosecution, or SAN FRANCISCO, CALIFORNIA 94104 RUDY EXELROD ZIEFF & LOWE  LLP 9 the person or property of another, committed at least in part based on the gender of the victim, 11 conviction. 12 46. Defendant’s acts committed against Plaintiff, as alleged herein, including the 13 unwanted, offensive, and repeated sexual contact, constitute gender violence and a form of sex 14 discrimination in that Defendant’s conduct constituted a physical intrusion or physical invasion 15 of a sexual nature under coercive conditions, whether or not those acts have resulted in criminal 16 complaints, charges, prosecution, or conviction. 17 47. As a direct, foreseeable, and proximate result proximate result of Defendant’s 18 unlawful actions, Plaintiff has suffered physical injury, pain, and suffering and continues to suffer 19 severe emotional distress, including shame, anxiety, embarrassment, stress, and indignity, all to 20 Plaintiff’s damage in an amount to be proven at the time of trial. 21 48. Defendant committed the acts herein despicably, maliciously, and willfully, with 22 the wrongful intention of injuring Plaintiff, from an improper and evil motive amounting to 23 malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus entitled to 24 recover punitive damages from Defendant in an amount according to proof. 25 49. Accordingly, Plaintiff is entitled to compensatory damages, punitive damages, 26 injunctive relief, and/or any other appropriate relief pursuant to Civil Code section 3294 and 27 Civil Code section 53. Plaintiff is also entitled to an award of attorney’s fees and costs pursuant 28 to Civil Code section 52.4. 9 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: ____________ 1 FOURTH CAUSE OF ACTION 2 (Intentional Infliction of Emotional Distress) 3 50. Plaintiff alleges and incorporates herein by reference paragraphs 1 through 32 4 above as if fully set forth herein. 5 51. Defendant’s conduct, as described above, was extreme and outrageous and beyond 6 the bounds of decency tolerated in a civilized society. 7 52. Defendant’s actions were done with the intent to cause serious emotional distress 8 or with reckless disregard of the probability of causing Plaintiff serious emotional distress. 53. As a proximate result of the intentional, extreme, and outrageous conduct of PH (415) 434-9800 FX (415) 434-0513 www.rezlaw.com 351 CALIFORNIA STREET, SUITE 700 10 Defendant, including the unwanted, offensive, and repeated sexual contact, Plaintiff has suffered SAN FRANCISCO, CALIFORNIA 94104 RUDY EXELROD ZIEFF & LOWE  LLP 9 11 physical injury, pain, and suffering and continues to suffer severe emotional distress, including 12 shame, anxiety, embarrassment, stress, and indignity, all to Plaintiff’s damage in an amount to be 13 proven at the time of trial. 14 54. Defendant committed the acts herein despicably, maliciously, and willfully, with 15 the wrongful intention of injuring Plaintiff, from an improper and evil motive amounting to 16 malice, and in conscious disregard of the rights and safety of Plaintiff. Plaintiff is thus entitled to 17 recover punitive damages from Defendant in an amount according to proof. 18 PRAYER FOR RELIEF 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 1. For compensatory damages, including but not limited to damages resulting from Plaintiff’s emotional distress, in an amount to be determined at trial and as allowed by law; 2. For punitive and exemplary damages as allowed by law; 3. For an award to Plaintiff of costs of suit incurred herein and reasonable attorney’s fees; 4. For statutory fees, as allowed by law; 5. For prejudgment interest and post-judgment interest as allowed by law; 10 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: ____________ 1 6. For injunctive relief; and, 2 7. For an award of such other and further relief as the Court deems just and proper. 3 4 DATED: March 8, 2018 RUDY, EXELROD, ZIEFF & LOWE, LLP 5 6 By: ________________________________ DAVID A. LOWE Attorneys for Plaintiff DANAE VACHATA 7 8 PH (415) 434-9800 FX (415) 434-0513 www.rezlaw.com 351 CALIFORNIA STREET, SUITE 700 10 SAN FRANCISCO, CALIFORNIA 94104 RUDY EXELROD ZIEFF & LOWE  LLP 9 11 JURY TRIAL DEMAND Plaintiff hereby demands a trial by jury. 12 DATED: March 8, 2018 RUDY, EXELROD, ZIEFF & LOWE, LLP 13 14 15 16 By: ________________________________ DAVID A. LOWE Attorneys for Plaintiff DANAE VACHATA 17 18 19 20 21 22 23 24 25 26 27 28 11 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: ____________