Electronically FILED by Superior Court of California, County of Los Angeles on 09/03/2019 04:36 PM Sherri R. Carter, Executive Officer/Clerk of Court, by J. Tang,Deputy Clerk 1 2 3 4 5 Keith M. Davidson, Esq. (State Bar No. 212216) DAVIDSON & ASSOCIATES, PLC 8383Wilshire Boulevard, Suite 510 Beverly Hills, California 90211 Telephone: (323) 658-5444 Email: Keith@KmdLaw.com Attorneys for Plaintiff, JORDAN L. PRUITT 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES 7 8 9 JORDAN L. PRUITT, an individual, Plaintiff, 10 DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 11 12 13 14 15 16 17 -vs.THE WALT DISNEY COMPANY, a Delaware Corporation duly existing and doing business in California; HOLLYWOOD RECORDS, INC., a California Corporation duly existing and doing business in California; BRIAN KEITH THOMAS, an individual; LEVOSIA ENTERTAINMENT, LLC, a Tennessee Limited Liability Corporation doing business in California, and DOES 5 through 20, inclusive. Defendants. 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 19STCV29208 FIRST AMENDED COMPLAINT ASSERTING DAMAGES FOR: 1) 2) 3) 4) 5) 6) 7) SEXUAL BATTERY OF A MINOR; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENCE; NEGLIGENT SUPERVISION; NEGLIGENT RETENTION/HIRING; NEGLIGENT FAILURE TO WARN TRAIN OR EDUCATE; and BREACH OF FIDUCIARY DUTY. Filed Pursuant to Court Order Dated: August 30, 2019 DEMAND FOR JURY TRIAL COMES NOW, Plaintiff JORDAN L. PRUITT (“Plaintiff”), who, after Order of this Court dated August 30, 2019, hereby complains and alleges against the following now named Defendants: THE WALT DISNEY COMPANY; HOLLYWOOD RECORDS, INC.; KEITH THOMAS; LEVOSIA ENTERTAINMENT, LLC; and DOES 5 through 20, inclusive (“Defendants”), as follows: -1First Amended Complaint 1 PARTIES 2 3 “Plaintiff”), was a resident of the State of California. Plaintiff was born in May of 1991. She was a 5 minor throughout the period of childhood sexual abuse alleged herein and lived and worked in 6 Southern California during this time. At all relevant times, plaintiff was a songwriter and recording 7 artist and obtained a career that few could achieve. While participating at the most elite levels of the 8 music business, Plaintiff was sexually molested as a child by BRIAN KEITH THOMAS, (“KEITH 9 THOMAS”). Plaintiff brings this action pursuant to C.C.P. section 340.1 for the childhood sexual 11 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 At all times mentioned herein, Plaintiff JORDAN L. PRUITT, (“PRUITT” or 4 10 DAVIDSON & ASSOCIATES, P.L.C. 1. abuse she suffered at the hands of the Defendants and each of them. 2. Plaintiff is informed and believes, and thereupon alleges, that Defendant THE WALT 12 DISNEY COMPANY, (“DISNEY”), is a Delaware corporation, with a principal place of business 13 located in the County of Los Angeles, State of California. Plaintiff is further informed and believes, 14 and thereupon alleges, that at all times relevant herein, DISNEY was an entertainment company 15 established in the mid-20th century and is one of the most beloved, best known and most valuable 16 companies in the history of the World. 17 3. Plaintiff is informed and believes, and thereupon alleges, that HOLLYWOOD 18 RECORDS, INC., (“HOLLYWOOD RECORDS”), is a California corporation, and is a wholly 19 owned subsidiary of DISNEY. 20 4. HOLLYWOOD RECORDS operates with a principal place of business in Burbank, 21 County of Los Angeles, State of California. Plaintiff is further informed and believes, and thereupon 22 alleges, that at all times relevant herein, HOLLYWOOD RECORDS was an entertainment company 23 established by DISNEY for the purpose of developing, marketing and profiting from musical 24 performance and publishing of artists signed exclusively to them. 25 5. Plaintiff is further informed and believes and thereon alleges, that BRIAN KEITH 26 THOMAS is an individual born in 1957. KEITH THOMAS is an individual currently residing in 27 Tennessee but who has at all relevant times, had substantial contact with Los Angeles County, 28 California. -2First Amended Complaint 1 DISNEY and HOLLYWOOD RECORDS and acted within the course and scope of said employment 3 relationship and at the behest of and at the direction of the aforementioned Defendants. 7. KEITH THOMAS acted with full knowledge, consent, and assistance of DISNEY and 5 HOLLYWOOD RECORDS to exploit these relationships in order to gain access to Plaintiff, and to 6 set up, facilitate, and arrange meetings and encounters between he and the minor Plaintiff for the 7 purpose of KEITH THOMAS engaging in childhood sexual abuse of Plaintiff. 8 9 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 At all relevant times, KEITH THOMAS was an employee and/or defacto employee of 2 4 DAVIDSON & ASSOCIATES, P.L.C. 6. 8. Plaintiff is further informed and believes, and thereon alleges, that KEITH THOMAS was a preferred vendor and/or representative and/or agent of DISNEY and HOLLYWOOD 10 RECORDS at all times relevant herein, and that in that capacity, DISNEY and HOLLYWOOD 11 RECORDS had the ability to exercise control over certain business affairs of KEITH THOMAS’ 12 business and personal life. Plaintiff is further informed and believes, and thereon alleges, that KEITH 13 THOMAS, with DISNEY and HOLLYWOOD RECORDS’ full knowledge, consent, and assistance, 14 exploited these relationships in order to gain access to Plaintiff, and to set up, facilitate and arrange 15 meetings and encounters between KEITH THOMAS and the minor Plaintiff for the purpose of him 16 engaging in the childhood sexual abuse of Plaintiff. 17 9. LEVOSIA ENTERTAINMENT, LLC, (“LEVOSIA’), is a Tennessee corporation 18 lawfully doing business in the County of Los Angeles, State of California. Plaintiff is informed and 19 believes, and on that basis alleges, that LEVOSIA is wholly owned, controlled and managed by 20 KEITH THOMAS. 21 10. In performing the acts complained of herein, KEITH THOMAS acted with the full 22 knowledge, consent and cooperation of DISNEY and HOLLYWOOD RECORDS, who because of 23 their gross negligence expressed herein were his co-conspirators, collaborators, facilitators and alter 24 egos for the childhood sexual abuse alleged herein. DISNEY and HOLLYWOOD RECORDS held 25 themselves out to the public to be wholesome family-based businesses dedicated to creating and 26 distributing multimedia entertainment created by them and those they contracted with such as 27 Plaintiff. However, as a result of the negligence of DISNEY and HOLLYWOOD RECORDS each 28 are liable for KEITH THOMAS’S acts of childhood sexual abuse within the meaning of CCP -3First Amended Complaint 1 §§340.1(a)(2) and (3), and 340.1 (b)(2), in that said entities, owed a duty of care to the Plaintiff, and 2 their wrongful, intentional and/or negligent acts, as well as knowing failure to take reasonable steps 3 and implement reasonable safeguards to avoid acts of unlawful sexual conduct by KEITH THOMAS, 4 were a legal cause of the childhood sexual abuse which resulted in injury to Plaintiff as alleged 5 herein. DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 6 11. Plaintiff is informed and believes, and thereupon alleges, that the true names and 7 capacities, whether individual, corporate, associate or otherwise, of Defendants named herein as DOE 8 Nos. 5 through 20, inclusive, are unknown to Plaintiff, who therefore sues said Defendants by such 9 fictitious names. Plaintiff will amend Complaint to allege their true names and capacities when such 10 have been ascertained. Upon information and belief, each of the said DOE Defendants is responsible 11 in some manner under C.C.P. §§340.1(a)(1), (2) and (3), and 340.1 (b)(2) for the occurrences herein 12 alleged, and were a legal cause of the childhood sexual abuse which resulted in injury to the Plaintiff 13 as alleged herein. 14 12. Plaintiff is informed and believes, and on that basis alleges, that, at all times mentioned 15 herein, there existed a unity of interest and ownership among Defendants and each of them, such that 16 any individuality and separateness between Defendants, and each of them, ceased to exist. Defendants 17 and each of them, were the successors-in-interest and/or alter egos of the other Defendants, and each 18 of them, in that they purchased, controlled, dominated and operated each other without any separate 19 identity, observation of formalities, or other manner of division. To continue maintaining the facade 20 of a separate and individual existence between and among Defendants, and each of them, would serve 21 to perpetrate a fraud and an injustice. 22 13. At all times mentioned herein, KEITH THOMAS was an adult mentor singer, 23 songwriter, entertainer, teacher, producer, road manager and coach of Plaintiff and was acting as an 24 employee, managing agent, agent, officer, director and/or servant of such and/or was under their 25 complete control and/or supervision of DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOE 26 Nos. 5 through 20, inclusive. KEITH THOMAS was hired and retained by DISNEY and 27 HOLLYWOOD RECORDS to serve as a singer, songwriter, entertainer, teacher, producer, mentor, 28 and coach to, in part, mentor and train Plaintiff and other minors in the entertainment industry. In so -4First Amended Complaint 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 DAVIDSON & ASSOCIATES, P.L.C. 1 doing, DISNEY and HOLLYWOOD RECORDS held KEITH THOMAS out to the public, Plaintiff 2 and Plaintiff’s family to be of safe and of high ethical and moral repute, and to be in good standing 3 with DISNEY and HOLLYWOOD RECORDS, the State of California, and the public in general. In 4 this capacity, KEITH THOMAS was placed into contact with, taught, mentored, coached, and 5 advised the Plaintiff and other minors regarding the entertainment industry in general, including but 6 not limited to singing, performing, choreography, song writing, personal issues, academics, future 7 employment prospects, and general emotional and psychological issues. Both DISNEY and 8 HOLLYWOOD RECORDS held KEITH THOMAS out to the public, Plaintiff and Plaintiff’s parents 9 to be a highly qualified and safe manager, agent, entertainer, teacher, mentor, coach, and advisor who 10 could and would assist Plaintiff and other minors in the entertainment industry, and with working 11 through personal and academic issues they faced. Inherent in this representation was the 12 understanding that KEITH THOMAS was a person of high ethical and moral standing, selected to 13 provide leadership, guidance, mentoring, coaching, and advisement to minors, including Plaintiff. 14 Plaintiff and her family reasonably relied upon these representations and assumed that KEITH 15 THOMAS was a person worthy of their complete trust. 16 14. Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned 17 herein, Defendants and each of them and KEITH THOMAS was the agent, representative and/or 18 employee of each and every other Defendant. In doing the things hereinafter alleged, Defendants and 19 each of them, and KEITH THOMAS, were acting within the course and scope of said alternative 20 personality, capacity, identity, agency, representation and/or employment and were within the scope 21 of their authority, whether actual or apparent. Plaintiff is informed and believes, and on that basis 22 alleges, that at all times mentioned herein, Defendants and each of them and KEITH THOMAS were 23 the trustees, partners, servants, joint venturers, shareholders, contractors, and/or employees of each 24 and every other Defendant, and the acts and omissions herein alleged were done by them, acting 25 individually, through such capacity and within the scope of their authority, and with the permission 26 and consent of each and every other Defendant and that said conduct was thereafter ratified by each 27 and every other Defendant, and that each of them is jointly and severally liable to Plaintiff. 28 -5First Amended Complaint FACTUAL ALLEGATIONS 1 2 3 4 5 6 7 8 DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 9 15. From almost the age that she could read and write, Plaintiff began singing and songwriting. 16. In approximately 2005, when Plaintiff was approximately 14 years old she recorded a mini “demo EP” album of her original works. 17. Shortly after the “demo EP” album was complete, it was shopped to DISNEY and HOLLYWOOD RECORDS by KEITH THOMAS. 18. After discussions with KEITH THOMAS and listening to her “demo EP,” DISNEY and HOLLYWOOD RECORDS were so impressed with Plaintiff’s talents that they signed the then 14- 10 year-old to a seven album record deal which included Plaintiff exclusively assigning her performance 11 and publishing rights to DISNEY and HOLLYWOOD RECORDS. 12 19. As part of the record deal, Plaintiff became obligated to write and perform music 13 exclusively for DISNEY and HOLLYWOOD RECORDS while they became obligated to use all best 14 efforts in developing, promoting, publicizing, guiding, producing, safeguarding and marketing 15 Plaintiff and her music. 16 20. Shortly after DISNEY and HOLLYWOOD RECORDS signed Plaintiff to her record 17 deal they told her that due to their longstanding business relationship with KEITH THOMAS, he 18 would be her day-to-day conduit for communicating with them and would serve as her producer, 19 mentor, agent, coach, songwriting partner, teacher, and advisor and would be overseeing her artistic 20 development. 21 21. As a result of the strong representations and placement by DISNEY and HOLLYWOOD 22 RECORDS, of KEITH THOMAS, neither the then 14-year-old Plaintiff nor her parents believed they 23 were left with any choice as to who would fill the role of Plaintiff’s day-to-day producer, mentor, 24 agent, coach, songwriting partner, teacher, and advisor. 25 22. As a direct and proximate result of DISNEY and HOLLYWOOD RECORDS’ 26 placement and strongest possible recommendation of KEITH THOMAS, Plaintiff contemporaneously 27 entered into a contractual relationship with KEITH THOMAS and his wholly-owned Corporation, 28 LEVOSIA. -6First Amended Complaint 1 23. 2 systematically controlling the communications Plaintiff had with anyone other than him. These 3 controls he put into place were among the first steps he took in grooming Plaintiff to be accepting of 4 the sexual abuse he so desired. Among the other affirmative acts KEITH THOMAS took to groom 5 Plaintiff include but are not limited to: 6 a) Directing Plaintiff and her family that DISNEY and HOLLYWOOD RECORDS 7 wanted all communications regarding Plaintiff to occur only through him; 8 b) Systematically controlling who Plaintiff could speak to. This included directing 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 9 DAVIDSON & ASSOCIATES, P.L.C. Almost immediately after KEITH THOMAS contracted with Plaintiff, he began Plaintiff that she was forbidden to communicate with boys her age; 10 c) Deleting male contacts from her cell phone; 11 d) Controlling the bookings, studio sessions, tour schedules, public relations schedules, 12 media requests and lodging of Plaintiff; 13 e) Controlling the flow of information between Plaintiff and her family and DISNEY 14 and HOLLYWOOD RECORDS; 15 f) Began a systematic and prolonged campaign of beating Plaintiff down with negative 16 comments, remarks and looks regarding such things as Plaintiff’s weight, looks, 17 voice, songwriting ability, maturity and intelligence. 18 g) This beating-down process was soon repeatedly followed by a period of incredible 19 showering of attention, compliments, flirting, touching and assurances that KEITH 20 THOMAS “loved Plaintiff” and that the “nobody understands how special [their] 21 relationship [was].” 22 24. 23 similar age to him. 24 25. 25 26 27 At all relevant times, KEITH THOMAS was engaged to be married to a woman of KEITH THOMAS told Plaintiff repeatedly that he “loved her” and that they were “soul mates.” 26. KEITH THOMAS assured Plaintiff that he would not marry his fiancé because he fully intended on having Plaintiff “move-in” with him and to “marry” her. 28 -7First Amended Complaint 1 27. 2 2005, when she was 14 years old, and continued until one week before she turned 16 years old, in 3 2007. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 4 DAVIDSON & ASSOCIATES, P.L.C. The sexual abuse of Plaintiff perpetrated by KEITH THOMAS began in approximately 28. The sexual abuse of Plaintiff by KEITH THOMAS included him rubbing, petting, 5 fondling Plaintiff sexually on her genitals and body, digitally penetrating Plaintiff, giving Plaintiff 6 deep passionate kisses where he tongue kissed her mouth and body, orally copulated Plaintiff, forced 7 Plaintiff to orally copulate him, rubbed his clothed and unclothed body against Plaintiff’s, and rubbed 8 his penis on Plaintiff’s vagina, having penile to vaginal sex thereby taking Plaintiff’s virginity, and 9 plaintiff suspects that, she was on one occasion, drugged and anally penetrated. These acts by KEITH 10 THOMAS, were performed by him abusing his position of trust and authority over her, for his own 11 sexual gratification, without Plaintiff’s consent as she was a minor and unable to give valid, legal 12 consent. 13 14 29. Before, during and after the sexual abuse period Plaintiff suffered, KEITH THOMAS would torment her with insults only to later build her up with praise and affection. 15 30. KEITH THOMAS threatened Plaintiff telling her that “their love was a secret” which 16 was to be kept from her parents and others, KEITH THOMAS was grooming Plaintiff for sexual 17 abuse. 18 31. KEITH THOMAS also groomed Plaintiff’s mother. He would spend extended periods of 19 time speaking with her in person and on the phone, telling her intimate details about his life and his 20 past, in an attempt to gain a “closeness” with Plaintiff’s mother and earn her trust so that she would 21 allow him to spend time alone with Plaintiff. 22 32. KEITH THOMAS used Plaintiffs mother’s naivete about the music and entertainment 23 business all the while contrasting it with his expertise of the music business and his close personal 24 and professional relationships with DISNEY, HOLLYWOOD RECORDS, and their executives, to 25 his advantage. 26 33. Defendants DISNEY, HOLLYWOOD RECORDS and LEVOSIA orchestrated, 27 facilitated and enabled the sexual abuse of Plaintiff by KEITH THOMAS by assisting in the 28 grooming process (buying gifts for Plaintiff, isolating Plaintiff with KEITH THOMAS for extended -8First Amended Complaint 1 periods of time, and booking and paying for accommodations for KEITH THOMAS, failing to 2 maintain supervisory control of property owned and/or controlled by them, allowing Plaintiff and 3 KEITH THOMAS to work and record music at all hours of the night with no supervision, allowing 4 Plaintiff and KEITH THOMAS to cohabitate in hotel rooms paid for by DISNEY and 5 HOLLYWOOD RECORDS while they were on the road for concert tours for weeks at a time, all for 6 the benefit of the defendants, and each of them. DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 7 34. The sexual abuse of Plaintiff by KEITH THOMAS began and occurred in various 8 locations throughout Los Angeles County, including but not limited to: the Staples Center in 9 downtown Los Angeles; on music video sets in Stage 20 of the Warner Bros. lot, in Burbank, 10 California; the New York Stage at Warner Bros. lot, in Burbank, California; in artists trailers in and 11 around the City of Los Angeles; in various hotels in and around Los Angeles County, California; in 12 cars on public streets in Los Angeles County, California; in performance venues around the country 13 including, but not limited to those in Los Angeles County California, and other locations. The 14 locations mentioned herein are those where DISNEY and HOLLYWOOD RECORDS conducted 15 business and during times that KEITH THOMAS was working for and on behalf of DISNEY and 16 HOLLYWOOD RECORDS. 17 35. During these times, DISNEY, HOLLYWOOD RECORDS, KEITH THOMAS and 18 LEVOSIA took physical custody and control of the minor Plaintiff, entering into a special, trusting, 19 confidential and in loco parentis relationship with her, owing her a duty of care to protect her from 20 reasonably foreseeable harm. 21 PENAL CODE AND CIVIL CODE VIOLATIONS 22 23 36. As used in C.C.P. § 340.1, “childhood sexual abuse” includes “any act committed 24 against the plaintiff that occurred when the plaintiff was under the age of 18 years and that would 25 have been proscribed by Section 266(j) of the California Penal Code (“Penal Code”); Section 285 of 26 the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 286 of the 27 Penal Code; subdivision (a) or (b) of Section 288 of the Penal Code; paragraph (1) or (2) of 28 -9First Amended Complaint 1 subdivision (b), or of subdivision (c), of Section 288a of the Penal Code; subdivision (h), (i), or (j) of 2 Section 289 of the Penal Code; Section 647.6 of the Penal Code….” 3 Penal Code § 266(j) DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 4 37. As set forth more fully above, on multiple occasions DISNEY, HOLLYWOOD 5 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 6 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 7 which would have been proscribed by Section 266(j) of the Penal Code or any prior laws of 8 California of similar effect at the time the acts were committed, by intentionally giving, transporting, 9 providing, or making available, or offering to give, transport, provide, or make available to another 10 person, Plaintiff ,who was a child under the age of sixteen (16), for the purpose of any lewd or 11 lascivious act as defined in Penal Code § 288, or by causing, inducing, or persuading Plaintiff, a child 12 under the age of sixteen (16), to engage in such an act with another person. 13 Penal Code § 286(b)(1) 14 38. As set forth more fully above, DISNEY, HOLLYWOOD RECORDS, KEITH 15 THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally committed an act against 16 Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and which would have been 17 proscribed by Section 286(b)(1) of the Penal Code or any prior laws of California of similar effect at 18 the time the act was committed, by participating in an act of sodomy (sexual conduct consisting of 19 contact between the penis of one person and the anus of another person) with Plaintiff, who was 20 under eighteen (18) years of age. Any sexual penetration, however slight, is sufficient to complete the 21 crime of sodomy. 22 Penal Code § 286(b)(2) 23 39. As set forth more fully above, DISNEY, HOLLYWOOD RECORDS, KEITH 24 THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally committed an act against 25 Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and which would have been 26 proscribed by Section 286(b)(2) of the Penal Code or any prior laws of California of similar effect at 27 the time the act was committed, by participating in an act of sodomy (sexual conduct consisting of 28 contact between the penis of one person and the anus of another person) with Plaintiff who was under - 10 First Amended Complaint 1 sixteen (16) years of age when KEITH THOMAS was over the age of twenty-one (21) years. Any 2 sexual penetration, however slight, is sufficient to complete the crime of sodomy. 3 Penal Code § 286(c)(2)(A) DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 4 40. As set forth more fully above, DISNEY, HOLLYWOOD RECORDS, KEITH 5 THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally committed an act against 6 Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and which would have been 7 proscribed by Section 286(c)(2)(A) of the Penal Code or any prior laws of California of similar effect 8 at the time the act was committed, by committing an act of sodomy (sexual conduct consisting of 9 contact between the penis of one person and the anus of another person) when the act was 10 accomplished against Plaintiff’s will by means of duress. Any sexual penetration, however slight, is 11 sufficient to complete the crime of sodomy. 12 Penal Code § 286(c)(2)(C) 13 41. As set forth more fully above, DISNEY, HOLLYWOOD RECORDS, KEITH 14 THOMAS and LEVOSIA and Does 5 through 20, inclusive, inclusive, intentionally committed an act 15 against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and which would 16 have been proscribed by Section 286(c)(2)(C) of the Penal Code or any prior laws of California of 17 similar effect at the time the act was committed, by committing an act of sodomy (sexual conduct 18 consisting of contact between the penis of one person and the anus of another person) with Plaintiff 19 who was a minor fourteen (14) years of age or older when the act was accomplished against 20 Plaintiff’s will by means of duress. Any sexual penetration, however slight, is sufficient to complete 21 the crime of sodomy. 22 Penal Code § 288(a) 23 42. On multiple occasions, as set forth more fully above, DISNEY, HOLLYWOOD 24 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 25 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 26 which would have been proscribed by Section 288(a) of the Penal Code or any prior laws of 27 California of similar effect at the time the acts were committed, by willfully and lewdly committing 28 any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1 of - 11 First Amended Complaint 1 the Penal Code, upon or with the body, or any part or member thereof, of Plaintiff who was under the 2 age of fourteen (14) years, with the intent of arousing, appealing to, or gratifying the lust, passions, or 3 sexual desires of KEITH THOMAS or Plaintiff. 4 Penal Code § 288(b)(1) DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 5 43. On multiple occasions, as set forth more fully above, DISNEY, HOLLYWOOD 6 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 7 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 8 which would have been proscribed by Section 288(b)(1) of the Penal Code or any prior laws of 9 California of similar effect at the time the acts were committed, by willfully and lewdly committing 10 any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1 of 11 the Penal Code, upon or with the body, or any part or member thereof, of Plaintiff who was under the 12 age of fourteen (14) years, with the intent of arousing, appealing to, or gratifying the lust, passions, or 13 sexual desires of KEITH THOMAS or Plaintiff, by use of duress. 14 Penal Code § 288a(b)(1) 15 44. On multiple occasions, as set forth more fully above, DISNEY, HOLLYWOOD 16 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 17 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 18 which would have been proscribed by Section 288a(b)(1) of the Penal Code or any prior laws of 19 California of similar effect at the time the acts were committed, by participating in an act of oral 20 copulation (the act of copulating the mouth of one person with the sexual organ or anus of another 21 person) with Plaintiff who was under eighteen (18) years of age. 22 Penal Code § 288a(b)(2) 23 45. On multiple occasions, as set forth more fully above, DISNEY, HOLLYWOOD 24 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 25 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 26 which would have been proscribed by Section 288a(b)(2) of the Penal Code or any prior laws of 27 California of similar effect at the time the acts were committed, by participating in an act of oral 28 copulation (the act of copulating the mouth of one person with the sexual organ or anus of another - 12 First Amended Complaint 1 person) with Plaintiff who was under sixteen (16) years of age and KEITH THOMAS was over the 2 age of twenty-one (21). 3 4 DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 5 Penal Code § 288a(c)(1) 46. On multiple occasions, as set forth more fully above, DISNEY, HOLLYWOOD 6 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 7 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 8 which would have been proscribed by Section 288a(c)(1) of the Penal Code or any prior laws of 9 California of similar effect at the time the acts were committed, by participating in an act of oral 10 copulation (the act of copulating the mouth of one person with the sexual organ or anus of another 11 person) with Plaintiff who was under fourteen (14) years of age and more than 10 years younger than 12 KEITH THOMAS. 13 Penal Code § 288a(c)(2)(A) 14 47. On multiple occasions, as set forth more fully above, DISNEY, HOLLYWOOD 15 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 16 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 17 which would have been proscribed by Section 288a(c)(2)(A) of the Penal Code or any prior laws of 18 California of similar effect at the time the acts were committed, by committing an act of oral 19 copulation (the act of copulating the mouth of one person with the sexual organ or anus of another 20 person) when the act was accomplished against Plaintiff’s will by means of duress. 21 Penal Code § 288a(c)(2)(B) 22 48. On multiple occasions, as set forth more fully above, DISNEY, HOLLYWOOD 23 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 24 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 25 which would have been proscribed by Section 288a(c)(2)(B) of the Penal Code or any prior laws of 26 California of similar effect at the time the acts were committed, by committing an act of oral 27 copulation (the act of copulating the mouth of one person with the sexual organ or anus of another 28 - 13 First Amended Complaint 1 person) upon Plaintiff who was under fourteen (14) years of age, when the act was accomplished 2 against Plaintiff’s will by means of duress. 3 Penal Code § 288a(c)(2)(C) DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 4 49. On multiple occasions, as set forth more fully above, DISNEY, HOLLYWOOD 5 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 6 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 7 which would have been proscribed by Section 288a(c)(2)(C) of the Penal Code or any prior laws of 8 California of similar effect at the time the acts were committed, by committing an act of oral 9 copulation (the act of copulating the mouth of one person with the sexual organ or anus of another 10 person) upon Plaintiff who was fourteen (14) years of age or older, when the act was accomplished 11 against Plaintiff’s will by means of duress. 12 Penal Code § 288a(c)(3) 13 50. On multiple occasions, as set forth more fully above, DISNEY, HOLLYWOOD 14 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 15 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 16 which would have been proscribed by Section 288a(c)(3) of the Penal Code or any prior laws of 17 California of similar effect at the time the acts were committed, by committing an act of oral 18 copulation (the act of copulating the mouth of one person with the sexual organ or anus of another 19 person) where the act was accomplished against Plaintiff’s will by threatening to retaliate in the 20 future against Plaintiff or any other person, and there was a reasonable possibility that KEITH 21 THOMAS would execute the threat. 22 Penal Code § 289(h) 23 51. On multiple occasions, DISNEY, HOLLYWOOD RECORDS, KEITH THOMAS and 24 LEVOSIA and Does 5 through 20, inclusive, intentionally committed acts against Plaintiff that 25 occurred when Plaintiff was under the age of eighteen (18), and which would have been proscribed 26 by Section 289(h) of the Penal Code or any prior laws of California of similar effect at the time the 27 acts were committed, by participating in an act of sexual penetration (the act of causing the 28 penetration, however slight, of the genital or anal opening of another person or causing another - 14 First Amended Complaint 1 person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of 2 sexual arousal, gratification, or abuse by any foreign object (including any part of the body except a 3 sexual organ), substance, instrument, or device) with Plaintiff who was under eighteen (18) years of 4 age. 5 Penal Code § 289(i) DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 6 52. On multiple occasions, as set forth more fully above, DISNEY, HOLLYWOOD 7 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 8 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 9 which would have been proscribed by Section 289(i) of the Penal Code or any prior laws of 10 California of similar effect at the time the acts were committed by participating in an act of sexual 11 penetration (the act of causing the penetration, however slight, of the genital or anal opening of 12 another person or causing another person to so penetrate the defendant’s or another person’s genital 13 or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object 14 (including any part of the body except a sexual organ), substance, instrument, or device) with 15 Plaintiff who was under sixteen (16) years of age and KEITH THOMAS was over the age of twenty- 16 one (21) years. 17 Penal Code § 289(j) 18 53. On multiple occasions, as set forth more fully above, DISNEY, HOLLYWOOD 19 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 20 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 21 which would have been proscribed by Section 289(j) of the Penal Code or any prior laws of 22 California of similar effect at the time the acts were committed by participating in an act of sexual 23 penetration (the act of causing the penetration, however slight, of the genital or anal opening of 24 another person or causing another person to so penetrate the defendant’s or another person’s genital 25 or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object 26 (including any part of the body except a sexual organ), substance, instrument, or device) with 27 Plaintiff who was under fourteen (14) years of age and who was more than 10 years younger than 28 KEITH THOMAS. - 15 First Amended Complaint 1 2 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 54. On multiple occasions, as set forth more fully above, DISNEY, HOLLYWOOD 3 RECORDS, KEITH THOMAS and LEVOSIA and Does 5 through 20, inclusive, intentionally 4 committed acts against Plaintiff that occurred when Plaintiff was under the age of eighteen (18), and 5 which would have been proscribed by Section 647.6(a)(1) of the Penal Code or any prior laws of 6 California of similar effect at the time the acts were committed, by annoying or molesting Plaintiff 7 when she was a child under eighteen (18) years of age. 8 Civil Code § 1708.5 9 DAVIDSON & ASSOCIATES, P.L.C. Penal Code § 647.6(a)(1) 55. On multiple occasions, as set forth more fully above, KEITH THOMAS acted with the 10 intent to cause a harmful and offensive contact with Plaintiff’s intimate parts as set forth in California 11 Civil Code §1708.5 regarding sexual battery, and did, in fact, cause such sexually harmful and 12 offensive contact. On each occasion, Plaintiff did not consent to KEITH THOMAS’s conduct. 13 Civil Code § 1708.5 14 56. On multiple occasions, as set forth more fully above, KEITH THOMAS acted with the 15 intent to cause a harmful and offensive physical contact with Plaintiff by the use of his intimate part 16 as set forth in Civil Code Section 1708.5 regarding sexual battery, and did, in fact, cause such 17 sexually harmful or offensive contact. On each occasion, Plaintiff did not consent to KEITH 18 THOMAS’s conduct. The physical contact alleged above, offends one’s reasonable sense of personal 19 dignity. 20 57. KEITH THOMAS did sexually harass, molest and abuse Plaintiff, who was a minor at 21 the time. Such conduct was done for KEITH THOMAS’s sexual gratification, while working as an 22 agent, employee, officer and director of, and on behalf of DISNEY and HOLLYWOOD RECORDS, 23 and under their active control and supervision, and was performed on Plaintiff without his free 24 consent, as Plaintiff was a mere minor and thus unable to give valid, legal consent to such sexual acts. 25 DAMAGES 26 58. As a direct and proximate result of her sexual abuse by the Defendants and each of 27 them, Plaintiff has suffered, and will continue to suffer, psychological, mental and emotional distress, 28 including but not limited to night-terrors, stress, fear, shame, humiliation, depression, physical - 16 First Amended Complaint 1 distress, anxiety, depression, sadness, anger, trust issues, and control issues. She has and will continue 2 to incur expenses for mental and medical care due to the abuse, according to proof at trial. 3 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 As a direct and proximate result of her sexual abuse by the Defendants and each of 4 them, Plaintiff has been damaged in her employment, specifically losing wages and earnings and 5 economic benefits according to proof at the time of trial. Plaintiff has lost wages as a result of the 6 abuse she suffered at the hands of Defendants and will continue to lose wages in an amount to be 7 determined at trial. Plaintiff has suffered economic injury, all to Plaintiff's general, special and 8 consequential damage in an amount to be proven at trial, but in no event less than the minimum 9 jurisdictional amount of this Court. 10 DAVIDSON & ASSOCIATES, P.L.C. 59. 60. As is set forth herein, Defendants and each of them have failed to uphold numerous 11 mandatory duties imposed upon them by state and federal law, and by written policies and procedures 12 applicable to Defendants, including but not limited to the following: 13 a) Duty to protect minor children in their care, and provide adequate supervision; 14 b) Duty to ensure that any direction given to employees is lawful, and that adults act fairly, responsibly and respectfully towards other adults and minor children; 15 16 17 18 19 20 21 22 c) Duty to properly train teachers, mentors, coaches, and advisors so that they are aware of their individual responsibility for creating and maintaining a safe environment; d) Duty to supervise employees and minor children in its care, enforce rules and regulations prescribed for childcare organizations, exercise reasonable control over minor children in its care as is reasonably necessary to maintain order, protect property, or protect the health and safety of employees and minor children or to maintain proper and appropriate conditions conducive to learning and child development; e) Duty to exercise careful supervision of the moral conditions in the youth programs set forth by Defendants DISNEY and HOLLYWOOD RECORDS; 23 f) Duty to properly monitor minor children, prevent or correct harmful situations or call for help when a situation is beyond their control; 24 g) Duty to ensure that personnel are actually on hand and supervising students; 25 h) Duty to provide enough supervision to minor children, including the Plaintiff; 26 i) Duty to supervise diligently; 27 j) Duty to act promptly and diligently and not ignore or minimize problems; 28 k) Duty to refrain from violating Plaintiff's right to protection from bodily restraint or harm, from personal insult, from defamation, and from injury to her personal - 17 First Amended Complaint 1 relations (Civil Code § 43); 2 l) Duty to abstain from injuring the person or property of Plaintiff, or infringing upon any of her rights (Civil Code § 1708); and 3 m) Duty to report suspected incidents of child abuse and more specifically childhood sexual abuse (Penal Code §§ 11166, 11167). 4 5 DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 6 61. The conduct alleged above included intentional, outrageous, malicious, despicable and 7 oppressive acts beyond the bounds of decent behavior, which were undertaken, wantonly, 8 oppressively and with a conscious disregard for Plaintiff’s rights as a child. Plaintiff is therefore 9 entitled to an award of punitive damages in an amount sufficient to punish, deter and make an 10 example of those Defendants engaging in such behavior according to proof at trial. In subjecting 11 Plaintiff to the wrongful treatment herein described, DISNEY, HOLLYWOOD RECORDS, KEITH 12 THOMAS and LEVOSIA and Does 5 through 20, inclusive, acted willfully and maliciously with the 13 intent to harm Plaintiff, and in conscious disregard of Plaintiff's rights, so as to constitute malice 14 and/or oppression under California Civil Code section 3294. Plaintiff is informed, and on that basis 15 alleges, that these willful, malicious, and/or oppressive acts, as alleged herein above, were ratified by 16 the officers, directors, and/or managing agents of DISNEY and HOLLYWOOD REORDS and DOES 17 5 through 20, inclusive, including KEITH THOMAS. Plaintiff is therefore entitled to the recovery of 18 punitive damages, in an amount to be determined by the court, against each Defendants in this action 19 in a sum to be shown according to proof. 20 ESTOPPEL 21 22 62. Before, during and after the sexual abuse of Plaintiff, KEITH THOMAS threatened, 23 intimidated and coerced the minor Plaintiff, who was under extreme duress due to his actions, into 24 not informing anyone of her sexual abuse or pursuing legal action therefore. These threats included 25 telling Plaintiff that she would be physically harmed if she ever told anyone, that she would be taken 26 away from her parents, that her career in entertainment would be over and that she would get in 27 trouble with law enforcement and go to jail, forcing Plaintiff to promise not to tell anyone. As a result 28 of these threats, Plaintiff believed her life would be in grave danger if she disclosed any facts - 18 First Amended Complaint 1 surrounding the abuse she suffered and was suffering. These threats, which Plaintiff wholeheartedly 2 believed due to KEITH THOMAS’s longstanding time in the music business and his close 3 relationship with DISNEY and HOLLYWOOD RECORDS as well as the company he kept, 4 prevented Plaintiff from coming forward at an earlier time. 5 NEXUS 6 DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 7 63. In December of 2018, Plaintiff, while reflecting on the child sexual abuse she had 8 suffered at the hands of KEITH THOMAS and by virtue of the other Defendants actions and 9 inactions for the first time in her life, reasonably discovered that her psychological injuries or 10 illnesses occurring after the age of majority, as listed in in this Complaint including but not limited to 11 the allegations in paragraph 59 herein-above, were caused by the sexual abuse she suffered at the 12 hands of KEITH THOMAS and by virtue of the various actions and inactions by the other 13 defendants, and each of them, in this action. As a layperson with no specialized training in 14 psychology or the medical field, Plaintiff was blameless for not making this nexus at an earlier date 15 than she did, and had no way of making such nexus at an earlier time. 16 LIABILITY OF DEFENDANTS 17 18 64. As a underage guest of DISNEY and HOLLYWOOD RECORDS, where KEITH 19 THOMAS was employed and worked, Plaintiff was under KEITH THOMAS’s, DISNEY’s, and 20 HOLLYWOOD RECORDS’ direct supervision, care and control, thus creating a special relationship, 21 fiduciary relationship, and/or special care relationship with Defendants, and each of them. 22 Additionally, as a minor child under the custody, care and control of Defendants, Defendants stood in 23 loco parentis with respect to Plaintiff while she was attending events and functions at locations run 24 and controlled by Defendants DISNEY and HOLLYWOOD RECORDS. As the responsible parties 25 and/or employers controlling KEITH THOMAS, Defendants were also in a special relationship with 26 Plaintiff, and owed special duties to Plaintiff. 27 28 65. Plaintiff is informed and believes, and on that basis alleges, that each of the Defendants in this action knew or had reason to know, or were otherwise on notice, that KEITH THOMAS had - 19 First Amended Complaint 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 DAVIDSON & ASSOCIATES, P.L.C. 1 engaged in unlawful sexually-related conduct with minors in the past, and/or was continuing to 2 engage in such conduct with Plaintiff, and failed to take reasonable steps, and to implement 3 reasonable safeguards, to avoid acts of unlawful sexual conduct in the future by KEITH THOMAS, 4 such as that which occurred with Plaintiff, including but not limited to preventing or avoiding 5 placement of KEITH THOMAS in a function or environment in which contact with children was an 6 inherent part of that function or environment. Defendants had a duty to disclose to these facts to 7 Plaintiff, his parents and others, but negligently and/or intentionally suppressed, concealed or failed 8 to disclose this information for the express purposes of facilitating KEITH THOMAS’s sexual abuse 9 of Plaintiff, maintaining KEITH THOMAS’s image as an ethical and wholesome entertainment 10 professional. The duty to disclose this information arose by the special, trusting, confidential, 11 fiduciary, and/or in loco parentis relationship between Defendants and Plaintiff. 12 66. Instead, Defendants ignored and/or concealed the sexual abuse of Plaintiff and others by 13 KEITH THOMAS that had already occurred, and continued to allow children, including the Plaintiff, 14 to be in contact with KEITH THOMAS, despite this knowledge of KEITH THOMAS’s sexually 15 abusive acts towards minors. Plaintiff is informed and believes, and on that basis alleges, that 16 Defendants and each of them were given actual and/or imputed notice of incidents of inappropriate 17 conduct by KEITH THOMAS, including such facts as those set forth in this Complaint. 18 67. Plaintiff is informed and believes, on that basis alleges, that prior to and during the 19 sexual harassment, molestation and abuse of Plaintiff, Defendants knew or had reason to know that 20 KEITH THOMAS had violated his role as a producer, mentor, agent, coach, songwriting partner, 21 teacher, and advisor to Plaintiff and used this position of authority and trust acting on behalf of 22 Defendants to gain access to children, including Plaintiff, on and off the premises and grounds of 23 Defendants, in which he caused Plaintiff to touch him, to allow her to touch Plaintiff in a sexual 24 manner, and engaged in sexual conduct and abuse, including harassment and molestation, with 25 Plaintiff. 26 68. With actual or constructive knowledge that Defendant KEITH THOMAS had engaged 27 in dangerous and inappropriate conduct, including sexually abusing Plaintiff at Defendants DISNEY 28 and HOLLYWOOD RECORDS owned and controlled properties, Defendants conspired to and did - 20 First Amended Complaint 1 knowingly fail to take reasonable steps, and failed to implement reasonable safeguards to avoid acts 2 of unlawful sexual conduct in the future by KEITH THOMAS, including, but not limited to, 3 preventing or avoiding placement of KEITH THOMAS in a function or environment in which contact 4 with children is an inherent aspect of that function or environment. 5 the Plaintiff, the Plaintiff’s parents, law enforcement authorities, civil authorities and others, the true 7 facts and relevant information necessary to bring KEITH THOMAS to justice for the sexual 8 misconduct he committed with minors, as well as to protect their fiduciaries, including Plaintiff. 10 11 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 Plaintiff further alleges that Defendants failed to report and did hide and conceal from 6 9 DAVIDSON & ASSOCIATES, P.L.C. 69. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 70. Defendants also implemented various measures designed to, or which effectively, made KEITH THOMAS's conduct harder to detect including, but not limited to: a) Permitting KEITH THOMAS to remain in a position of authority and trust after Defendants knew or had reason to know he was a molester of children; b) Placing KEITH THOMAS in a separate and secluded environment, including placing him in charge of Plaintiff in a mentoring, advising, coaching, and related programs where they purported to supervise the children, which allowed KEITH THOMAS to sexually and physically interact with and abuse Plaintiff; c) Allowing KEITH THOMAS to come into contact with minors, including Plaintiff, without adequate supervision; d) Failing to inform, or concealing from Plaintiff's the fact that Plaintiff and others were or may have been sexually abused after Defendants knew or had reason to know that KEITH THOMAS may have sexually abused Plaintiff, thereby enabling Plaintiff to continue to be endangered and sexually abused, and/or creating the circumstance where Plaintiff and others were less likely to receive medical/mental health care and treatment, thus exacerbating the harm to Plaintiff; e) Holding out KEITH THOMAS to Plaintiff and her parents, other children and their parents, and to the community as being in good standing and trustworthy; f) Failing to take reasonable steps, and to implement reasonable safeguards to avoid acts of unlawful sexual conduct by KEITH THOMAS with students, who were minor children; and g) Failing to put in place a system or procedure to supervise or monitor employees, volunteers, representatives or agents to insure that they did not molest or abuse minors in Defendants' care, including Plaintiff. - 21 First Amended Complaint 1 2 3 4 5 6 7 8 9 10 DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 71. By his position within the Defendants' institutions, Defendants and KEITH THOMAS demanded and required that Plaintiff respect KEITH THOMAS in his position of producer, mentor, agent, coach, songwriting partner, teacher and advisor at properties and projects owned, operated and controlled by Defendants DISNEY and HOLLYWOOD RECORDS. 72. Plaintiff is informed and believes, and on that basis alleges, that Defendants and each of them, were or had reason to have been aware of KEITH THOMAS’s wrongful conduct at or about the time it was occurring, and thereafter, but took no action to obstruct, inhibit or stop such continuing conduct, or to help Plaintiff endure the trauma from such conduct. Despite the authority and ability to do so, these Defendants negligently and/or willfully refused to, and/or did not act effectively to stop the sexual assaults on Plaintiff, to inhibit or obstruct such abuse, or to protect Plaintiff from the results of that trauma. 73. During the period of abuse of Plaintiff at the hands of KEITH THOMAS, Defendants DISNEY and HOLLYWOOD RECORDS had the authority and the ability to obstruct or stop KEITH THOMAS's sexual assaults on Plaintiff, but negligently and/or willfully failed to do so, thereby allowing the abuse to occur and to continue unabated. This failure was a part of Defendants' plan and arrangement to conceal wrongful acts, to avoid and inhibit detection, to block public 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. Plaintiff is informed and believes, and on that basis alleges, that such actions were motivated by a desire to protect the reputation of Defendants and each of them, and to protect the monetary support of Defendants while fostering an environment where such abuse could continue to occur. 74. Plaintiff is informed and believes, and on that basis alleges, that at the time KEITH THOMAS’s violations of the Penal Code and Civil Code alleged herein-above were committed, Defendants knew or had reason to know, or were or were otherwise on notice of, prior acts of childhood sexual abuse committed by KEITH THOMAS, and despite such knowledge and/or notice, placed Plaintiff in KEITH THOMAS’s custody and/or made Plaintiff available to KEITH THOMAS and then failed to take reasonable steps or implement reasonable safeguards to protect Plaintiff from - 22 First Amended Complaint 1 KEITH THOMAS’s acts of abuse. Plaintiff is further informed and believes, and on that basis 2 alleges, that these acts and/or omissions on the part of Defendants were committed in spite of their 3 ability to exercise control over the personal and business affairs of KEITH THOMAS. Accordingly, 4 Defendants are liable for KEITH THOMAS’s acts of childhood sexual abuse in that their wrongful, 5 intentional and/or negligent acts were a legal cause of the childhood sexual abuse. 6 DUTY OF DEFENDANTS 7 DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 8 75. Defendants and each of them, owed Plaintiff a special duty of care. The Plaintiff, as a 9 minor at all relevant times alleged herein, was placed in the physical custody, control, and dominion 10 of Defendants and their agents, employees, and/or servants, and was placed in such custody, control, 11 and dominion in locations including, but not limited to: the Staples Center, music video sets on Stage 12 20 of the Warner Bros. lot, in Burbank, California; the New York Stage at Warner Bros. lot, in 13 Burbank, California; in artists trailers in and around the City of Los Angeles; in hotels in Los Angeles 14 County; in cars on public streets in Los Angeles County; in bathrooms at performance venues through 15 the city of Los Angeles; and other locations. The Plaintiff, as a minor in the custody, control, and 16 under the dominion of Defendants, stood in loco parentis with Defendants. As entities responsible for 17 the custody, supervision, care, and dominion of minor children in their care, Defendants owed the 18 Plaintiff a special duty of care, as they were entrusted with the Plaintiff's safety, security and care. FIRST CAUSE OF ACTION SEXUAL BATTERY OF A MINOR (AS TO ALL DEFENDANTS) 19 20 21 22 23 24 76. Plaintiff repeats, re-alleges and incorporates herein by reference all prior paragraphs of this Complaint, inclusive, as though fully set forth herein. 77. At all relevant times, KEITH THOMAS was employed as a producer, mentor, agent, 25 coach songwriting partner, teacher and advisor of Plaintiff by DISNEY and HOLLYWOOD 26 RECORDS. 27 28 78. During the time period when KEITH THOMAS was a producer, mentor, agent, coach songwriting partner, teacher and advisor for Plaintiff, he befriended her and used his position to gain - 23 First Amended Complaint 1 her trust. KEITH THOMAS used Plaintiff’s young age and her trust in authority figures to take 2 advantage of her innocence. KEITH THOMAS systematically groomed Plaintiff as hereinbefore 3 illustrated in order to sexually molest Plaintiff. 4 5 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 Acts of molestation by KEITH THOMAS against Plaintiff took place at and on locations owned, supervised and/or controlled by DOE Nos. 1 and 2. 6 80. KEITH THOMAS’s illegal conduct took place between the years 2005-2007. 7 81. As a direct and legal result of KEITH THOMAS’s sexual abuse and other misconduct, 8 Plaintiff has been severely damaged emotionally and physically, and otherwise, all to her special and 9 general damages in amounts to be proven at the time of travel. 10 DAVIDSON & ASSOCIATES, P.L.C. 79. 82. In subjecting the Plaintiff to the wrongful treatment herein described, Defendants 11 DISNEY, HOLLYWOOD RECORDS, KEITH THOMAS, LEVOSIA and DOES 5 through 20, 12 inclusive, acted willfully and maliciously with the intent to harm Plaintiff, and in conscious disregard 13 of Plaintiff’s rights, so as to constitute malice and oppression under California Civil Code section 14 3294. Plaintiff is therefore entitled to the recovery of punitive damages, in an amount to be 15 determined by the court, against Defendants DISNEY, HOLLYWOOD RECORDS, KEITH 16 THOMAS, LEVOSIA and DOES 5 through 20, inclusive, in a sum to be shown according to proof. 17 SECOND CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (AS TO ALL DEFENDANTS) 18 19 20 21 22 23 24 83. Plaintiff repeats, re-alleges and incorporates herein by reference all prior paragraphs of this Complaint, inclusive, as though fully set forth herein. 84. Defendants’ conduct towards the Plaintiff, as described herein, was outrageous and extreme. 85. A reasonable person would not expect or tolerate Defendants' putting KEITH THOMAS 25 in positions of authority which enabled him to have access to minor children, including Plaintiff, so 26 that he could commit wrongful sexual acts against her, including the conduct described herein above. 27 Plaintiff held great trust, faith and confidence in DISNEY and HOLLYWOOD RECORDS, which, 28 by virtue of Defendants' wrongful conduct, turned to fear. - 24 First Amended Complaint 1 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 A reasonable person would not expect or tolerate Defendants other than KEITH 2 THOMAS to be incapable of supervising and preventing employees of Defendants, including KEITH 3 THOMAS, from committing wrongful sexual acts with minor children in their charge, including 4 Plaintiff, or to be incapable of properly supervising KEITH THOMAS to prevent such abuse from 5 occurring. 6 87. Defendants' conduct described herein was intentional and malicious and done for the 7 purpose of causing, or with the substantial certainty that it would cause Plaintiff to suffer humiliation, 8 mental anguish and emotional and physical distress. 9 DAVIDSON & ASSOCIATES, P.L.C. 86. 88. As a result of the above-described conduct, Plaintiff suffered and continues to suffer 10 great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, 11 embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; has suffered 12 and continues to suffer and was prevented and will continue to be prevented from performing daily 13 activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, 14 and have incurred and will continue to incur expenses for medical and psychological treatment, 15 therapy, and counseling. 16 89. In subjecting the Plaintiff to the wrongful treatment herein described, Defendants 17 DISNEY, HOLLYWOOD RECORDS, KEITH THOMAS, LEVOSIA and DOES 5 through 20, 18 inclusive, acted willfully and maliciously with the intent to harm Plaintiff, and in conscious disregard 19 of Plaintiff’s rights, so as to constitute malice and oppression under California Civil Code section 20 3294. Plaintiff is therefore entitled to the recovery of punitive damages, in an amount to be 21 determined by the court, against Defendants DISNEY, HOLLYWOOD RECORDS, KEITH 22 THOMAS, LEVOSIA and DOES 5 through 20, inclusive, in a sum to be shown according to proof. 23 THIRD CAUSE OF ACTION NEGLIGENCE (As to All Defendants) 24 25 26 27 90. Plaintiff repeats, re-alleges and incorporates herein by reference all prior paragraphs of this Complaint, inclusive, as though fully set forth herein. 28 - 25 First Amended Complaint DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 1 91. As more fully set forth above, the conduct and actions of Defendants other than KEITH 2 THOMAS served to create an environment in which KEITH THOMAS was afforded continuous 3 access to Plaintiff when she was a minor of roughly 14-16 years old. These actions include, but are 4 not limited to: assisting in the grooming process (buying gifts for Plaintiff and showering her with 5 praise and attention, isolating Plaintiff with KEITH THOMAS for extended periods of time, failing 6 to maintain supervisory control of property owned and/or controlled by them, allowing Plaintiff and 7 KEITH THOMAS to work and record music at all hours of the night with no supervision, allowing 8 Plaintiff and KEITH THOMAS to cohabitate in hotel rooms paid for by DOE Nos. 1 and 2 while they 9 were on the road for the benefit of DISNEY and HOLLYWOOD RECORDS, providing KEITH 10 THOMAS with unfettered access to Plaintiff while on the Tour Bus paid for and provided by 11 DISNEY and HOLLYWOOD RECORDS in which KEITH THOMAS would make Plaintiff watch 12 adult pornographic videos when she was on tour sponsored by and under the banner of DISNEY and 13 HOLLYWOOD RECORDS. 14 92. As more fully set forth above, Defendants DISNEY, HOLLYWOOD RECORDS, 15 LEVOSIA and DOES 5 through 20, inclusive, either were aware or should have been aware and/or 16 on notice of KEITH THOMAS’s proclivities for engaging in sexual acts with minors prior to the first 17 occasion or shortly thereafter on which Plaintiff was placed in KEITH THOMAS’s custody through 18 the acts of Defendants. Accordingly, at the time KEITH THOMAS and Defendants DISNEY, 19 HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, performed the acts 20 alleged herein, it was or should have been reasonably foreseeable to Defendants that by continuously 21 exposing and making Plaintiff available to KEITH THOMAS, Defendants were placing Plaintiff in 22 grave risk of being sexually abused by KEITH THOMAS. By knowingly subjecting Plaintiff to such 23 foreseeable danger, Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 24 through 20, inclusive, were duty-bound to take reasonable steps and implement reasonable safeguards 25 to protect Plaintiff from KEITH THOMAS. Furthermore, as alleged herein, Defendants DISNEY, 26 HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, at all times exercised a 27 sufficient degree of control over KEITH THOMAS’s personal and business affairs to prevent the acts 28 of abuse by keeping KEITH THOMAS away from Plaintiff. However, Defendants DISNEY, - 26 First Amended Complaint 1 HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, failed to take any 2 reasonable steps or implement any reasonable safeguards for Plaintiff’s protection whatsoever and 3 continued to make Plaintiff accessible to KEITH THOMAS for the purposes of sexual abuse. 4 5 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 93. Under the Child Abuse and Neglect Reporting Act, Defendants DISNEY, 6 HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, were child care 7 custodians and were under a statutory duty to report known or suspected incidents of sexual 8 molestation or abuse of minors to a child protective agency, pursuant to California Penal Code § 9 11166, and/or not to impede the filing of any such report. 10 DAVIDSON & ASSOCIATES, P.L.C. NEGLIGENCE PER SE—PENAL CODE MANDATORY CHILD ABUSE REPORTING 94. Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, 11 inclusive, knew or had reason to know that their agent, employee, manager, advisor and mentor, 12 KEITH THOMAS, had sexually molested, abused or caused touching, battery, harm, and other 13 injuries to Plaintiff, giving rise to a duty to report such conduct under California Penal Code §11166. 14 95. Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, 15 inclusive, knew, or had reason to know of in the exercise of reasonable diligence, that an undue risk 16 to minors, including the Plaintiff, existed because Defendants DOE 1 and DOE 2 did not comply with 17 California's mandatory reporting requirements. 18 96. By failing to report the continuing molestations and abuse, which Defendants DISNEY, 19 HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, knew of or had reason to 20 known of, and by ignoring the fulfillment of the mandated compliance with the reporting 21 requirements provided under California Penal Code § 11166, Defendants DISNEY, HOLLYWOOD 22 RECORDS, LEVOSIA and DOES 5 through 20, inclusive, created the risk and danger contemplated 23 by the Child Abuse and Neglect Reporting Act (hereinafter “CANRA”), and as a result, unreasonably 24 and wrongfully exposed Plaintiff and other minors to sexual molestation and abuse. 25 26 97. The Plaintiff was a member of the class of persons for whose protection California Penal Code § 11166 was specifically adopted to protect. 27 28 - 27 First Amended Complaint 1 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 Had Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 2 through 20, inclusive, adequately reported the molestation of Plaintiff and other minors as required by 3 California Penal Code § 11166, further harm to Plaintiff and other minors would have been avoided. 4 DAVIDSON & ASSOCIATES, P.L.C. 98. 99. As a proximate result of Defendants California Penal Code § 11166, failure to follow the 5 mandatory reporting requirements of California Penal Code § 11166, Defendants California Penal 6 Code § 11166, wrongfully denied the Plaintiff and other minors the intervention of child protection 7 services. Such public agencies would have changed the then-existing arrangements and conditions 8 that provided the access and opportunities for the molestation of Plaintiff by KEITH THOMAS. 9 100. The physical, mental, and emotional damages and injuries resulting from the sexual 10 molestation of Plaintiff by KEITH THOMAS, were the type of occurrence and injuries that the 11 CANRA was designed to prevent. 12 101. As a result, Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 13 through 20, inclusive, failure to comply with the mandatory reporting requirements of California 14 Penal Code § 11166 also constituted a per se breach of Defendants’ DISNEY, HOLLYWOOD 15 RECORDS, LEVOSIA and DOES 5 through 20, inclusive, inclusive duties to Plaintiff. 16 102. As a direct and proximate result of the failure of Defendants DISNEY, HOLLYWOOD 17 RECORDS, LEVOSIA and DOES 5 through 20, inclusive, to protect Plaintiff from the acts of 18 childhood sexual abuse to which she was subjected by KEITH THOMAS, Plaintiff has suffered and 19 will continue to suffer (a) severe mental and emotional distress including, but not limited to, severe 20 anxiety, stress, anger, fear, low self-esteem, shame, humiliation, depression and physical distress; (b) 21 expenses for mental health professionals and other medical treatment; and (c) loss of past and future 22 earnings and other economic benefits according to proof at the time of trial. 23 25 FOURTH CAUSE OF ACTION NEGLIGENT SUPERVISION (As to DISNEY; HOLLYWOOD RECORDS; LEVOSIA; and DOES 5 through 20, inclusive) 26 103. Plaintiff repeats, re-alleges and incorporates all prior paragraphs, inclusive, of this 24 27 Complaint as though fully set forth herein. 28 - 28 First Amended Complaint 1 104. By virtue of Plaintiff's special relationship with Defendants DISNEY, HOLLYWOOD 2 RECORDS, LEVOSIA and DOES 5 through 20, inclusive, and their close personal and professional 3 relationship to KEITH THOMAS, Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and 4 DOES 5 through 20, inclusive, owed Plaintiff a duty to provide reasonable supervision of KEITH 5 THOMAS, to use reasonable care in investigating KEITH THOMAS's background, and to provide 6 adequate warning to the Plaintiff, and other children, of KEITH THOMAS’s dangerous propensities 7 and unfitness. 8 DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 9 105. Plaintiff is informed and believes, and on that basis alleges, that Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, by and through their 10 respective agents, servants and employees, knew or had reason to know of KEITH THOMAS’s 11 dangerous and exploitive propensities and/or that KEITH THOMAS was an unfit agent. Despite such 12 knowledge, Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, 13 inclusive, negligently failed to supervise KEITH THOMAS in his position of trust and authority as an 14 authority figure and supervisor of children, where he was able to commit wrongful acts against the 15 Plaintiff. Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, 16 inclusive, failed to provide reasonable supervision of KEITH THOMAS, failed to use reasonable care 17 in investigating KEITH THOMAS, and failed to provide adequate warning to Plaintiff of KEITH 18 THOMAS’s dangerous propensities and unfitness. Defendants DISNEY, HOLLYWOOD 19 RECORDS, LEVOSIA and DOES 5 through 20, inclusive, further failed to take reasonable measures 20 to prevent sexual abuse harassment, and molestation of children, including Plaintiff. 21 106. Plaintiff is informed and believes, and on that basis alleges, that Defendants DISNEY, 22 HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, were put on notice, and 23 knew or had reason to know, that KEITH THOMAS had previously engaged and was continuing to 24 engage in unlawful sexual conduct with children for his own personal gratification, and that it was, or 25 should have been foreseeable that he was engaging, or would engage in illicit sexual activities with 26 Plaintiff, and others, under the cloak of his authority, confidence, and trust, bestowed upon him 27 through Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, 28 inclusive, and each of them. - 29 First Amended Complaint 1 2 HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, were placed on actual 3 and/or constructive notice that, KEITH THOMAS had abused children prior to, and/or during the 4 time he was in contact with the Plaintiff. Plaintiff is informed, and thereon alleges, that Defendants 5 DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, were informed 6 of sexual abuse, harassment and molestations committed by KEITH THOMAS or of conduct that 7 would put a reasonable person on notice of such propensity to abuse, harassment and molestation. 8 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 9 DAVIDSON & ASSOCIATES, P.L.C. 107. Plaintiff is informed and believes, and on that basis alleges, that Defendants DISNEY, 108. Even though Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, knew or had reason to know of these activities by KEITH THOMAS, 10 Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, 11 did nothing to investigate, supervise or monitor KEITH THOMAS to ensure the safety of the guests. 12 109. As an institution entrusted with the care of minors, where staff, employees, agents, and 13 management, such as the KEITH THOMAS were placed in contact with minors, Defendants 14 DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, expressly and 15 implicitly represented that these individuals, including KEITH THOMAS, were not a sexual threat to 16 children and others who would fall under KEITH THOMAS's influence, control, direction, and 17 guidance. 18 110. Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, 19 inclusive, negligently failed to supervise KEITH THOMAS in his positions of trust and authority as 20 an employee, agent, counselor and mentor, and/or other authority figure, where KEITH THOMAS 21 was able to commit wrongful acts against the Plaintiff. Defendants DISNEY, HOLLYWOOD 22 RECORDS, LEVOSIA and DOES 5 through 20, inclusive, failed to provide reasonable supervision 23 of KEITH THOMAS. Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 24 through 20, inclusive, further failed to take reasonable measures to prevent sexual harassment, 25 molestation and abuse of minors, including the Plaintiff. 26 111. At no time during the periods of time alleged did Defendants’ DISNEY, 27 HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, have in place a system or 28 procedure to reasonably investigate, supervise and monitor individuals in contact with minor - 30 First Amended Complaint 1 children, including KEITH THOMAS, to prevent pre-sexual grooming and sexual harassment, 2 molestation and abuse of children, nor did they implement a system or procedure to oversee or 3 monitor conduct toward minors in Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and 4 DOES 5 through 20, inclusive, care. 5 6 inclusive, were or should have known to be aware and understand how vulnerable children were to 7 sexual harassment, molestation and abuse by mentors, advisors, and other persons of authority within 8 Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive’s 9 care, custody and/or control. 10 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 11 DAVIDSON & ASSOCIATES, P.L.C. 112. Defendants’ DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, 12 113. Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, conduct was a breach of their duties to the Plaintiff. 114. Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, 13 inclusive, breached their duty to the Plaintiff by, inter alia, failing to adequately monitor and 14 supervise KEITH THOMAS and stopping KEITH THOMAS from committing wrongful sexual acts 15 with minors including the Plaintiff. This belief is founded on the fact that employees and staff of 16 Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, 17 inclusive, including had suspected the abuse was occurring at the time, and failed to investigate into 18 the matter further. Based on these facts, Defendants DISNEY, HOLLYWOOD RECORDS, 19 LEVOSIA and DOES 5 through 20, inclusive, knew or had reason to know of KEITH THOMAS's 20 incapacity to supervise and stop employees of Defendants DISNEY, HOLLYWOOD RECORDS, 21 LEVOSIA and DOES 5 through 20, inclusive, inclusive from committing wrongful sexual acts with 22 minors. 23 115. As a result of the above-described conduct, Plaintiff has suffered and continues to suffer 24 great pain of mind and body, shock, emotional distress, physical manifestations of emotional 25 distress, embarrassment, loss of self-esteem, disgrace, humiliations, and loss of enjoyment of life; has 26 suffered and continues to suffer and was prevented and will continue to be prevented from 27 performing daily activities and obtaining the full enjoyment of life; will sustain loss of earnings and 28 - 31 First Amended Complaint 1 earning capacity, and/or has incurred and will continue to incur expenses for medical and 2 psychological treatment, therapy, and counseling. 3 4 5 6 7 8 DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 9 FIFTH CAUSE OF ACTION NEGLIGENT RETENTION/HIRING (As to DISNEY; HOLLYWOOD RECORDS; LEVOSIA; and DOES 5 through 20, inclusive) 116. Plaintiff repeats, re-alleges and incorporates herein all prior paragraphs of this Complaint, inclusive, as though fully set forth herein. 117. By virtue of Plaintiff's special relationship with Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, and each of them, and Defendants 10 DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, relation to 11 KEITH THOMAS, Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 12 through 20, inclusive, owed Plaintiff a duty to not hire and/or retain KEITH THOMAS, given his 13 dangerous and exploitive propensities, which Defendants DISNEY, HOLLYWOOD RECORDS, 14 LEVOSIA and DOES 5 through 20, inclusive, knew or had reason to know had they engaged in a 15 meaningful and adequate investigation of his background prior to his hiring. 16 118. As an institution entrusted with the care of minors, where staff, employees, agents, and 17 management, such as the KEITH THOMAS were placed in contact with minors, Defendants 18 DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, expressly and 19 implicitly represented that these individuals, including KEITH THOMAS, were not a sexual threat to 20 children and others who would fall under KEITH THOMAS 's influence, control, direction, and 21 guidance. 22 119. Plaintiff is informed and believes, and on that basis alleges, that at no time during the 23 periods of time alleged did Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 24 5 through 20, inclusive, have in place a system or procedure to reasonably investigate, supervise 25 and/or monitor those individuals in direct contact with children, including KEITH THOMAS, to 26 prevent pre-sexual grooming and/or sexual harassment, molestation and abuse of minors, nor did they 27 implement a system or procedure to oversee or monitor conduct toward minors and others in 28 - 32 First Amended Complaint 1 Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, 2 care. 3 4 inclusive, and each of them were or should have been aware and understood how vulnerable minor 5 children were to sexual abuse, harassment and molestation by persons of authority, including the 6 KEITH THOMAS, within the control of Defendants DISNEY, HOLLYWOOD RECORDS, 7 LEVOSIA and DOES 5 through 20, inclusive. 8 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 9 DAVIDSON & ASSOCIATES, P.L.C. 120. Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, 121. Plaintiff is informed and believes and, on that basis, alleges other children and/or employees of Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 10 20, inclusive, complained of KEITH THOMAS’s sexual improprieties prior to the sexual abuse of the 11 Plaintiff. Either Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 12 20, inclusive, knew, or at the very least should have had reason to know of KEITH THOMAS’s 13 propensity towards sexual misconduct with minors prior to and/or during Plaintiff’s abuse. 14 122. Plaintiff is informed, and believes, and on that basis alleges, that the Defendants 15 DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, were put on 16 notice, and should have known that KEITH THOMAS was and had previously engaged and 17 continued to engage in unlawful sexual conduct with minors for his own personal gratification, and 18 that it was, or should have been foreseeable that he was engaging, or would engage in illicit sexual 19 activities with Plaintiff, under the cloak of his authority, confidence, and trust, bestowed upon him 20 through Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, 21 inclusive. 22 123. Plaintiff is informed and believes, and on that basis alleges that Defendants DISNEY, 23 HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, were placed on actual 24 and/or constructive notice that KEITH THOMAS had abused, harassed, molested and/or was 25 molesting minor children, both before his sexual abuse, molestation and harassment of the Plaintiff, 26 and during that same period. Plaintiff is informed, and thereon alleges, that other third parties, 27 informed Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, 28 inclusive, of inappropriate conduct and molestations committed by KEITH THOMAS. - 33 First Amended Complaint 1 2 5 through 20, inclusive, knew or had reason to know of these activities by KEITH THOMAS, 3 Plaintiff is informed that Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 4 through 20, inclusive, failed to use reasonable care in investigating KEITH THOMAS and did 5 nothing to investigate, supervise or monitor KEITH THOMAS to ensure the safety of the other minor 6 children in their charge, including the Plaintiff. 7 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 8 DAVIDSON & ASSOCIATES, P.L.C. 124. Even though Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 125. Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, conduct was a breach of their duties to the Plaintiff. 9 126. As a result of the above-described conduct, Plaintiff has suffered and continues to suffer 10 great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, 11 embarrassment, loss of self-esteem, disgrace, humiliations, and loss of enjoyment of life; has suffered 12 and continues to suffer and was prevented and will continue to be prevented from performing daily 13 activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, 14 and/or has incurred and will continue to incur expenses for medical and psychological treatment, 15 therapy, and counseling. 16 17 18 19 20 21 22 23 24 25 26 27 28 SIXTH CAUSE OF ACTION NEGLIGENT FAILURE TO WARN, TRAIN, OR EDUCATE (As to DISNEY; HOLLYWOOD RECORDS; LEVOSIA; and DOES 5 through 20, inclusive) 127. Plaintiff repeats, re-alleges and incorporates herein by reference all prior paragraphs of this Complaint, inclusive, as though fully set forth herein. 128. Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, owed Plaintiff a duty to take reasonable protective measures to protect Plaintiff and other minor children in their charge from the risk of sexual abuse, harassment and molestation by KEITH THOMAS by properly warning, training or educating the Plaintiff and other minors about how to avoid such a risk. 129. Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, breached their duty to take reasonable protective measures to protect Plaintiff and other minor children in their charge, from the risk of sexual abuse, harassment and molestation by KEITH - 34 First Amended Complaint 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 DAVIDSON & ASSOCIATES, P.L.C. 1 THOMAS, such as the failure to properly warn, train or educate Plaintiff and other minor children in 2 their charge about how to avoid such a risk. 3 130. Defendants breached their duty to take reasonable protective measures to protect 4 Plaintiff and other minor children in their charge from the risk of sexual harassment, molestation and 5 abuse by KEITH THOMAS, by failing to supervise and/or stop employees of Defendants DISNEY, 6 HOLLYWOOD RECORDS, LEVOSIA and DOES 5 through 20, inclusive, including KEITH 7 THOMAS, from committing wrongful sexual acts with minor children, including Plaintiff. 8 131. As a result of the above-described conduct, Plaintiff has suffered and continues to suffer 9 great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, 10 embarrassment, loss of self-esteem, disgrace, humiliations, and loss of enjoyment of life; has suffered 11 and continues to suffer and was prevented and will continue to be prevented from performing daily 12 activities and obtaining the full enjoyment of life; will sustain loss of earnings and earning capacity, 13 and/or has incurred and will continue to incur expenses for medical and psychological treatment, 14 therapy, and counseling. 15 16 17 18 19 20 SEVENTH CAUSE OF ACTION BREACH OF FIDUCIARY DUTY (As to All Defendants) 132. Plaintiff repeats, re-alleges and incorporates herein by reference all prior paragraphs of this Complaint, inclusive, as though fully set forth herein. 133. As set forth more fully above, Defendants DISNEY, HOLLYWOOD RECORDS, 21 LEVOSIA and DOES 5 through 20, inclusive, in concert with KEITH THOMAS, recruited, enticed, 22 and encouraged Plaintiff and Plaintiff’s parents to give their trust and confidence to Defendants and 23 KEITH THOMAS so that Plaintiff could be taken from her parent’s care and supervision and placed 24 under the care and supervision of Defendants and each of them. In so doing, the Defendants, and each 25 of them, entered into a fiduciary relationship with Plaintiff whereby Defendants owed Plaintiff an in 26 loco parentis duty of care to take all reasonable steps and implement all reasonable safeguards to 27 protect Plaintiff while she was in the custody of Defendants and/or KEITH THOMAS. 28 - 35 First Amended Complaint 1 134. Plaintiff and her Parents agreed to place their trust and confidence in Defendants, and 2 each of them, in the expectation that Defendants would properly supervise Plaintiff, regulate her 3 activities and behavior, and ensure her safety. Further, Plaintiff and her mother agreed to this because 4 they believed in the integrity of Defendants DISNEY, HOLLYWOOD RECORDS, LEVOSIA and 5 DOES 5 through 20, inclusive, and therefore felt comfortable in entrusting the minor Plaintiff to the 6 care and custody of Defendants. DAVIDSON & ASSOCIATES, P.L.C. 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 7 135. As alleged herein, KEITH THOMAS breached his duty to Plaintiff by repeatedly 8 subjecting Plaintiff to acts of childhood sexual abuse. As further alleged herein, the defendants, and 9 each of them, breached this duty to Plaintiff by failing to take any reasonable steps or implement any 10 reasonable safeguards to protect Plaintiff from KEITH THOMAS, and by allowing Plaintiff to be 11 sexually abused by KEITH THOMAS on a regular basis. 12 136. As a direct and proximate result of the defendants’ breach of fiduciary duty to Plaintiff, 13 Plaintiff has suffered and will continue to suffer (a) severe mental and emotional distress including, 14 but not limited to, severe anxiety, stress, anger, fear, low self-esteem, shame, humiliation, depression 15 and physical distress; (b) expenses for mental health professionals and other medical treatment; and 16 (c) loss of past and future earnings and other economic benefits according to proof at the time of trial. 17 CERTIFICATES OF MERIT 18 19 20 Plaintiff has previously filed the below Certificates of Merit which have been sealed pursuant to this Court’s Order dated August 30, 2019: 21 (1) - Certificate of Merit by a Licensed Mental Health Practitioner; and 22 (2) - Certificate of Merit by Attorney for Plaintiff as it relates to DISNEY; 23 HOLLYWOOD RECORDS; KEITH THOMAS; and LEVOSIA. 24 /// 25 /// 26 /// 27 28 - 36 First Amended Complaint PRAYER FOR RELIEF 1 2 3 1. For past, present and future general damages in an amount to be determined at trial; 4 2. For past, present and future special damages, including but not limited to past, present and 5 future lost earnings, economic damages and others, in an amount to be determined at trial; 6 3. Any appropriate punitive or exemplary damages against Defendants; 7 4. Any appropriate statutory damages; 8 5. For costs of suit; 9 6. For interest as allowed by law; 10 8383 Wilshire Boulevard, Suite 510 Beverly Hills, CA 90211 Tel. (323) 658-5444~ Fax. (323) 658-5424 11 DAVIDSON & ASSOCIATES, P.L.C. Wherefore, Plaintiff prays for Judgment against Defendants as follows: 12 7. For attorney's fees pursuant to California Code of Civil Procedure § 1021.4, 1021.5, or otherwise as allowable by law; and 8. For such other and further relief as the court may deem proper. 13 DEMAND FOR JURY TRIAL 14 15 Plaintiff hereby requests that this action be tried before a jury. 16 17 DATED: September 3, 2019 DAVIDSON & ASSOCIATES, P.L.C. 18 19 20 By: ___________________________ Keith M. Davidson, Esq. Attorney for Plaintiff. 21 22 23 24 25 26 27 28 - 37 First Amended Complaint