Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 1 of 38 Page ID #:1 1 2 3 4 5 6 7 8 9 THE WILLIAMS LAW GROUP Andrew Williams, Esq. Attorney for Plaintiff 6273 Sunset Drive Suite D3 South Miami, Florida 33143 Telephone: (253) 970-1683 CA Bar No. 310526 Email: Andrew@TheWilliamsLG.com Secondary Email: WilliamsLawFlorida@gmail.com Attorney for Plaintiff, MONTIA SABBAG UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ) Case No.: ) ) COMPLAINT FOR ) ) 1. NEGLIGENCE ) KEVIN HART, an individual; 2. NEGLIGENT INFLICTION OF JONATHAN TODD JACKSON, an individual; ) ) EMOTIONAL DISTRESS MARRIOTT INTERNATIONAL, INC, a ) Delaware corporation; ) 3. NEGLIGENT SUPERVISION THE BLACKSTONE GROUP, INC, a Delaware ) ) 4. INTENTIONAL INFLICTION OF corporation; ) EMOTIONAL DISTRESS THE COSMOPOLITAN OF LAS VEGAS, a ) business entity form unknown; ) 5. INVASION OF PRIVACY – INTRUSION ASHLEY M. GERMON, an individual; ) UPON SECLUSION FAMEOULOUS ENT, LLC, an Arizona limited ) ) 6. INVASION OF PRIVACY – PUBLIC liability company; and ) DISCLOSURE OF PRIVATE FACTS DOES 1 through 50, inclusive ) ) 7. INVASION OF PRIVACY – FALSE Defendants. ) LIGHT ) ) 8. VIOLATIONS OF CALIFORNIA ) CONSTITUTION – RIGHT TO ) PRIVACY ) ) DEMAND FOR JURY TRIAL MONTIA SABBAG, an individual, Plaintiff, vs. 25 26 COMPLAINT 27 NOW COMES Plaintiff, MONTIA SABBAG (“MS. SABBAG” or “PLAINTIFF”), by and 28 through undersigned counsel and hereby files this Complaint and Demand for Jury Trial against COMPLAINT FOR DAMAGES - 1 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 2 of 38 Page ID #:2 1 Defendants, KEVIN HART (“HART”), JONATHAN TODD JACKSON (“JACKSON”), MARRIOTT 2 INTERNATIONAL, INC, THE BLACKSTONE GROUP, INC, THE COSMOPOLITAN OF LAS 3 VEGAS (collectively, the “COSMO DEFENDANTS”), ASHLEY M. GERMON, FAMEOLOUS ENT, 4 LLC (collectively, the “FAMEOLOUS DEFENDANTS”), and DOES 1 through 50, inclusive 5 (collectively, with HART, JACKSON, the COSMO DEFENDANTS, and the FAMEOLOUS 6 7 8 DEFENDANTS, the “DEFENDANTS”), and pleading hypothetically and/or alternatively states as follows: INTRODUCTION 9 10 11 1. This is a suit based upon negligence and invasion or privacy claims. The Plaintiff has specifically alleged counts of: Negligence, Negligent Infliction of Emotional Distress, Negligent 12 13 Supervision, Intentional Infliction of Emotional Distress, Invasion of Privacy – Intrusion Upon 14 Seclusion, Invasion of Privacy – Public Disclosure of Private Facts, Invasion of Privacy – False Light, 15 and Violations of California’s Constitution – Right to Privacy. 16 2. 17 The DEFENDANTS have engaged in outrageous, irresponsible and despicable conduct that should be punished to the maximum extent under the law. The COSMO DEFENDANTS negligently 18 19 authorized, allowed, and otherwise permitted JACKSON access to HART’S hotel room suite at THE 20 COSMOPOLITAN OF LAS VEGAS (the “COSMOPOLITAN”) and breached their duty of care to MS. 21 SABBAG. Defendant HART negligently or intentionally authorized, allowed, and otherwise permitted 22 JACKSON access to his hotel room suite at the COSMOPOLITAN and breached his duty of care to MS. 23 SABBAG. Defendant JACKSON caused MS. SABBAG to be secretly videotaped in or about 2017, 24 25 without her knowledge or consent, while she was engaged in private, consensual sexual relations with 26 HART in HART’S private bedroom suite at the COSMOPOLITAN. On or about September 17, 2017, 27 the FAMEOLOUS DEFENDANTS posted to the Internet an approximately two-minute and forty eight- 28 second “highlight reel” of the secretly-taped video footage depicting MS. SABBAG naked from the COMPLAINT FOR DAMAGES - 2 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 3 of 38 Page ID #:3 1 waste down and engaged in private, consensual sexual relations with HART in his private bedroom suite 2 at the COSMOPOLITAN (the “VIDEO”). The FAMEOLOUS DEFENDANTS posted the VIDEO on 3 their website www.Fameolous.com (the “FAMEOLOUS SITE”) and on their Twitter account, 4 @fameolousent (the “FAMEOLOUS TWITTER”). 5 The FAMELOUS DEFENDANTS posted the VIDEO for the public to view, for the purpose of obtaining tremendous financial benefit for themselves, 6 7 including without limitation (a) the sale of advertisements at the FAMEOLOUS SITE to viewers of the 8 webpage with a link to the VIDEO, and (b) attracting new viewers to the FAMELOUS SITE and 9 FAMEOLOUS TWITTER for the long-term financial benefit of the FAMELOUS DEFENDANTS and 10 their numerous affiliate websites and companies, and to obtain additional revenues from the substantial 11 12 new viewers brought to the FAMEOLOUS SITE and FAMEOLOUS TWITTER and its affiliated 13 websites and companies by the VIDEO. 14 3. 15 recorded. To the contrary, MS. SABBAG believed that such activity was completely private, and she 16 MS. SABBAG had no knowledge that the intimate activity depicted in the VIDEO was being had a reasonable expectation of her privacy in HART’S private bedroom suite at the 17 18 COSMOPOLITAN, and she reasonably believed that her privacy was safe and protected at all relevant 19 times. 20 4. 21 intentional acts and/or omissions, JACKSON’S secret recording of MS. SABBAG naked and engaged in 22 The COSMO DEFENDANTS negligent acts and/or omissions, along with HART’S negligent or private consensual activity, and the FAMEOLOUS DEFENDANTS posting of the VIDEO on the 23 24 Internet, constitutes a shameful and outrageous invasion of MS. SABBAG’S right of privacy by a group 25 of loathsome DEFENDANTS who have no regard for human dignity and care only about maximizing 26 their revenues and profits at the expense of all others. 27 28 COMPLAINT FOR DAMAGES - 3 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 4 of 38 Page ID #:4 1 5. This lawsuit was necessitated by DEFENDANTS’ blatant violations of MS. SABBAG’S right of 2 privacy and other rights as discussed herein. The COSMO DEFENDANTS violated MS. SABBAG’S 3 rights by negligently authorizing, allowing, and otherwise permitting JACKSON access to HART’S 4 hotel room suite at the COSMOPOLITAN and breached their duty of care to MS. SABBAG. HART 5 violated MS. SABBAG’S rights by negligently or intentionally authorizing, allowing, and otherwise 6 7 permitting JACKSON access to his hotel room suite at the COSMOPOLITAN and breached his duty of 8 care to MS. SABBAG. JACKSON violated MS. SABBAG’S rights by participating in the secret 9 recording of MS. SABBAG naked and engaged in private sexual activity in a private bedroom. The 10 FAMEOLOUS DEFENDANTS violated MS. SABBAG’S rights by their wrongful disclosure of the 11 12 private acts depicted in the VIDEO and their unauthorized commercial exploitation of PLAINTIFF’S 13 name, image, identity and persona. 14 6. 15 and common law privacy rights and publicity rights, and exceeds all bounds of human decency. 16 7. The DEFENDANTS’ malicious and/or negligent conduct violates PLAINTIFF’S constitutional On September 17, 2019, MS. SABBAG became aware for the first time of the VIDEO’S 17 18 existence and that she had been surreptitiously videotaped while naked and engaging in private sexual 19 activity in a private bedroom and that her privacy had been invaded. 20 8. 21 sexual activity in a private bedroom and the further dissemination of the unauthorized VIDEO of MS. 22 The unknowing and unwelcome filming of MS. SABBAG while naked and engaging in private SABBAG at the COSMOPOLITAN has caused and continues to cause MS. SABBAG great emotional 23 24 distress and embarrassment. 25 9. 26 harmed and damaged and PLAINTIFF is therefore seeking more than Sixty Million dollars 27 As a direct result of the acts and/or omissions of the DEFENDANTS, MS. SABBAG has been ($60,000,000.00) in damages, including an award of punitive damages, costs, and attorney’s fees. 28 COMPLAINT FOR DAMAGES - 4 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 5 of 38 Page ID #:5 1 THE PARTIES, JURISDICTION, AND VENUE 2 3 10. 4 of the State of Massachusetts. 5 11. 6 Plaintiff MONTIA SABBAG is an individual, and was at all relevant times mentioned a citizen Defendant HART is an individual, and on information and belief, was at all relevant times herein a citizen and resident of Los Angeles, California. 7 8 9 10 11 12. Defendant JACKSON is an individual, and on information and belief, was at all relevant times herein a citizen and resident of Los Angeles, California. 13. Defendant MARRIOTT INTERNATIONAL, INC (hereinafter “MARRIOTT”) is a corporation incorporated under the laws of the State of Delaware, and whose principal place of business is 10400 12 13 Fernwood Road, Bethesda, Maryland 20817. At all relevant times MARRIOTT conducted business in 14 the State of Nevada. 15 14. 16 incorporated under the laws of the State of Delaware, and whose principal place of business is 345 Park 17 Defendant THE BLACKSTONE GROUP, INC (hereinafter “BLACKSTONE”) is a corporation Avenue, New York, New York 10154. At all relevant times BLACKSTONE conducted business in the 18 19 State of Nevada. 20 15. 21 unknown, existing under the laws of the State of Nevada. On information and belief, at all relevant 22 times herein Defendants MARRIOTT and BLACKSTONE owned, operated, controlled, maintained, 23 Defendant the COSMOPOLITAN is, on information and belief, a business entity, form managed, supervised, handled reservations for and/or were otherwise responsible for the 24 25 COSMPOLITAN, located at 3708 South Las Vegas Blvd, Las Vegas, Nevada 89109. 26 16. 27 MARRIOTT, the COSMOPOLITAN and each other, and at all relevant times herein were, as such, 28 At all relevant times herein, Defendant BLACKSTONE was the agent and/or joint venture of acting within the course, scope and authority of said agency, and/or venture, and that the COMPLAINT FOR DAMAGES - 5 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 6 of 38 Page ID #:6 1 COSMOPOLITAN when acting as a principal, was negligent in the selection, hiring, training, and 2 supervision of each and every other DEFENDANT as an agent and/or joint venturer. Additionally, 3 Defendants MARRIOTT, BLACKSTONE, and the COSMOPOLITAN were associated entities with the 4 goal of carrying out a specific enterprise for profit. 5 MARRIOTT, BLACKSTONE, and the COSMOPOLITAN had a community of interest in the COSMOPOLITAN, a proprietary interest in the 6 7 COSMOPOLITAN, a right to govern the policies of the COSMOPOLITAN, and a share in the profits 8 and losses of the COSMOPOLITAN. 9 17. 10 Defendant ASHLEY M. GERMON is an individual, and on information and belief, was at all relevant times herein a citizen and resident of Tucson, Arizona. 11 12 18. Defendant FAMEOLOUS ENT, LLC (hereinafter “FAMEOLOUS”) is a limited liability 13 company organized under the laws of the State of Arizona, and whose principal place of business is, on 14 information and belief, 1830 E. Broadway Blvd, Suite 124-250, Tucson, Arizona 85716. At all relevant 15 times FAMEOLOUS conducted business in the State of Nevada. 16 19. The full extent of the facts linking the fictitiously designated Defendants with the cause(s) of 17 18 actions herein is unknown to PLAINTIFF. Further the true names and capacities, whether individual, 19 corporate, associate, plural or partnership, or otherwise, of Defendants, DOES 1 through 50, inclusive, 20 are unknown to PLAINTIFF. 21 PLAINTIFF is informed and believes, and thereupon alleges, that each of the Defendants designated 22 PLAINTIFF therefore sues Defendants by such fictitious names. herein as a DOE is negligently, wantonly, recklessly, tortuously, intentionally and/or unlawfully 23 24 responsible in some manner for the events and happenings hereinafter referred to, and negligently, 25 wantonly, recklessly, tortuously, intentionally and/or unlawfully, proximately caused injuries and 26 damages to PLAINTIFF, as hereinafter alleged. PLAINTIFF will ask leave of this Court to amend this 27 Complaint to show said Defendants’ names and capacities once the same have been ascertained. 28 COMPLAINT FOR DAMAGES - 6 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 7 of 38 Page ID #:7 1 20. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1332(a) 2 because the amount in controversy of this suit exceeds $75,000.00, exclusive of interest and costs, and is 3 between citizens of different states. 4 21. 5 Venue is proper in this District pursuant to § 1391, in that a substantial part of the events and/or omissions giving rise to these claims occurred in this District. 6 GENERAL ALLEGATIONS 7 8 22. 9 in HART’S private bedroom suite at the COSMOPOLITAN. Unbeknownst to MS. SABBAG, and 10 In or about 2017, MS. SABBAG engaged in private sexual relations with Defendant Kevin Hart, without her knowledge or consent, MS. SABBAG was filmed naked from the waist down and engaged 11 12 in private sexual relations with HART. PLAINTIFF is informed and believes and on that basis alleges 13 that the COSMO DEFENDANTS through their agents and employees authorized, allowed, and 14 otherwise permitted JACKSON access to HART’S hotel room suite at the COSMOPOLITAN, which 15 enabled JACKSON to set up a hidden video recording device and ultimately record the VIDEO. 16 23. In addition and/or alternatively, PLAINTIFF is informed and believes and on that basis alleges 17 18 that HART authorized, allowed, and otherwise permitted JACKSON access to his hotel room suite at the 19 COSMOPOLITAN, which enabled JACKSON to set up a hidden video recording device and ultimately 20 record the VIDEO. 21 24. 22 In addition and/or alternatively, PLAINTIFF is informed and believes and on that basis alleges that HART conspired with JACKSON to intentionally record MS. SABBAG naked and engaged in 23 24 private sexual relations with HART in a private bedroom at the COSMOPOLITAN without her 25 knowledge or consent for the purpose of obtaining tremendous financial benefit for himself, including 26 without limitation (a) the benefits obtained through the additional publicity and media attention the 27 28 COMPLAINT FOR DAMAGES - 7 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 8 of 38 Page ID #:8 1 VIDEO garnered, which in turn helped to promote his Irresponsible Tour, which was a record-breaking 2 comedy, and (b) to increase his overall pop culture status. 3 25. 4 filming the private consensual sexual encounter between MS. SABBAG and HART. 5 26. PLAINTIFF is informed and believes and on that basis alleges that JACKSON was involved in MS. SABBAG understood, believed and reasonably expected that the sexual activities in which 6 7 she and HART engaged in his private bedroom suite at the COSMOPOLITAN were completely private 8 and would not be viewed by any other persons. Had MS. SABBAG known that her private sexual 9 activities were being secretly filmed, MS. SABBAG would not have engaged in any such activities. 10 27. PLAINTIFF is informed and believes and on that basis alleges that the FAMEOLOUS 11 12 DEFENDANTS, based on the actions of the COSMO DEFENDANTS, HART, JACKSON and others, 13 obtained a copy of the secretly-filmed recording depicting MS. SABBAG naked and engaged in sexual 14 relations with HART. 15 DEFENDANTS into a two-minute and forty eight-second “highlight reel” depicting MS. SABBAG 16 On information and belief, the VIDEO was edited by the FAMEOLOUS naked and engaged in sexual intercourse with her sex partner Defendant HART. The FAMEOLOUS 17 18 DEFENDANTS watermarked the VIDEO, so that they would receive “credit,” notoriety, fame and 19 financial gain as the “breaking source” to the public of the VIDEO. 20 28. 21 the FAMEOLOUS SITE and on the FAMEOLOUS TWITTER depicting MS. SABBAG having private 22 On or around September 17, 2017, the FAMEOLOUS DEFENDANTS published the VIDEO on sexual relations with HART in a private bedroom. 23 24 29. At no time prior to, during, or after the private consensual sexual encounter between MS. 25 SABBAG and HART did MS. SABBAG ever authorize or consent to any person or entity recording the 26 private, intimate acts depicted in the VIDEO, or the storage of the VIDEO, or the editing of the VIDEO, 27 the dissemination, or the publishing and/or exploitation of the VIDEO in any way or manner 28 COMPLAINT FOR DAMAGES - 8 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 9 of 38 Page ID #:9 1 whatsoever. On the contrary, MS. SABBAG finds the negligent authorizing, allowing, and otherwise 2 permitting JACKSON access to HART’S hotel room suite at the COSMOPOLITAN by the COSMO 3 DEFENDANTS, the negligent or intentional authorizing, allowing, and otherwise permitting JACKSON 4 access to HART’S hotel room suite at the COSMOPOLITAN by HART, the secret recording of her 5 private sexual activity by JACKSON and the publishing of the VIDEO by the FAMEOLOUS 6 7 DEFENDANTS to be outrageous and egregious. The VIDEO has never been authorized by MS. 8 SABBAG for any purpose whatsoever, including any form of disclosure to the public whatsoever. 9 30. 10 Numerous media outlets and websites picked up on the VIDEO posted on the FAMEOLOUS SITE and FAMEOLOUS TWITTER, and posted links to it, thus exposing hundreds of millions of 11 12 people to the VIDEO. As a natural and foreseeable consequence, massive numbers of individuals were 13 drawn to the FAMEOLOUS SITE and FAMEOLOUS TWITTER, for which the FAMEOLOUS 14 DEFENDANTS have reaped tremendous revenues and profits, and have been unjustly enriched 15 therefrom, based on both the short term web traffic of millions of people who have viewed the VIDEO 16 and advertisements displayed thereat, and the long term increase in viewership to the FAMELOUS 17 18 SITE, FAMEOLUS TWITTER, and the FAMEOLOUS DEFENDANTS’ other affiliated sites, and the 19 revenues and profits associated therewith for a prolonged period of time. 20 31. 21 suffered, and continues to suffer, tremendous emotional distress. Her life was “turned upside down” by 22 As a natural and foreseeable consequence of the DEFENDANTS’ actions, MS. SABBAG has the negligent and unlawful actions of the DEFENDANTS, including the continued display of the 23 24 VIDEO on the Internet, and MS. SABBAG continues to suffer from substantial emotional distress, on a 25 daily basis, as a result. In particular, MS. SABBAG has suffered, and continues to suffer, substantial 26 embarrassment and humiliation as a result. Moreover, MS. SABBAG’S goodwill, commercial value, 27 and brand have been substantially harmed as a result as well. 28 COMPLAINT FOR DAMAGES - 9 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 10 of 38 Page ID #:10 1 32. The commercial value of MS. SABBAG’S name, image, and identity has been, and continues to 2 be, substantially diminished by the DEFENDANTS’ actions, including, the negligent or intentional 3 authorizing, allowing, and/or otherwise permitting JACKSON access to HART’S hotel room suite at the 4 COSMOPOLITAN; the secret taping of MS. SABBAG naked and having sex; the unauthorized 5 transmission of that recording to the FAMEOLOUS DEFENDANTS; and the unauthorized posting, 6 7 publishing, distribution and dissemination of the VIDEO, which is received unfavorably by the public 8 and by the negative portrayal of MS. SABBAG in the VIDEO to the general public. 9 33. 10 The DEFENDANTS’ conduct manifests a depraved disregard for MS. SABBAG’S privacy rights and an unauthorized commercial exploitation of her publicity rights. 11 12 13 14 15 16 17 18 34. All conditions precedent to the bringing and maintenance of this action and the granting of the relief requested have been performed, have occurred, or have been waived. COUNT I NEGLIGENCE (by PLAINTIFF against the COSMO DEFENDANTS) 35. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, above, inclusive. 36. Defendants MARRIOTT, individually, and by and through its agents and/or joint venturers, 19 20 Defendants BLACKSTONE and the COSMOPOLITAN, had a duty to exercise reasonable and ordinary 21 care and caution in and about the ownership, management, maintenance, supervision, control, and 22 operation of the COSMOPOLITAN, its reservation system, its room access, and each of its employees, 23 agents, servants and independent contractors, all to the benefit of guests, patrons, business invitees, and 24 persons like Plaintiff Montia Sabbag. 25 26 37. Defendants MARRIOTT, BLACKSTONE, and the COSMOPOLITAN, by and through their 27 agents, employees, servants and/or independent contractors, were negligent in their acts and/or 28 omissions by, amongst other things, authorizing, allowing, and otherwise permitting JACKSON with COMPLAINT FOR DAMAGES - 10 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 11 of 38 Page ID #:11 1 2 3 4 5 unfettered access to HART’S hotel room suite at the COSMOPOLITAN, thereby allowing a surreptitious video to be taken of MS. SABBAG by JACKSON. 38. As a direct and proximate result of the above-said conduct of the COSMO DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, including but not limited to, severe and permanent emotional distress, embarrassment, past and future medical expenses, and has 6 7 incurred expenses and damages relating to the unauthorized use of her image and likeness. COUNT II NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (by PLAINTIFF against the COSMO DEFENDANTS) 8 9 10 11 39. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, and paragraphs 35 through 12 13 14 15 16 17 18 19 20 21 22 38, above, inclusive. 40. Defendants MARRIOTT, individually, and by and through its agents and/or joint venturers, Defendants BLACKSTONE and/or the COSMOPOLITAN, had a duty to exercise reasonable and ordinary care and caution in and about the ownership, management, maintenance, supervision, control, and operation of the COSMOPOLITAN and its employees, agents, servants and independent contractors, all to the benefit of guests, patrons, business invitees, and persons like Plaintiff Montia Sabbag. 41. Defendants MARRIOTT, BLACKSTONE, and the COSMOPOLITAN, by and through their agents, employees, servants and/or independent contractors, were negligent in their acts and/or 23 24 omissions by, amongst other things, authorizing, allowing, and otherwise permitting JACKSON with 25 unfettered access to HART’S hotel room suite at the COSMOPOLITAN, thereby allowing a 26 surreptitious video to be taken of MS. SABBAG by JACKSON. 27 42. As a direct and proximate result of the negligent acts and/or omissions of the COSMO 28 COMPLAINT FOR DAMAGES - 11 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 12 of 38 Page ID #:12 1 DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, including but not limited to, 2 severe and permanent emotional distress, embarrassment, past and future medical expenses, and has 3 incurred expenses and damages relating to the unauthorized use of her image and likeness. 4 COUNT III NEGLIGENT SUPERVISION (by PLAINTIFF against the COSMO DEFENDANTS) 5 6 7 43. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, 8 all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 35 through 38, 9 and paragraphs 39 through 42, above, inclusive. 10 11 44. Defendants MARRIOTT, individually, and by and through its agents and/or joint venturers, Defendants BLACKSTONE and/or the COSMOPOLITAN, had a duty to exercise reasonable and 12 13 ordinary care and caution in and about the ownership, management, maintenance, supervision, control, 14 operation, and training of the COSMOPOLITAN and its employees, agents, servants and independent 15 contractors, all to the benefit of guests, patrons, business invitees, and persons like Plaintiff Montia 16 17 18 19 Sabbag. 45. Defendants MARRIOTT, BLACKSTONE, and the COSMOPOLITAN, by and through their agents, employees, servants and/or independent contractors, were negligent in their acts and/or 20 omissions by, amongst other things, failing to adequately supervise and/or train their agents, employees, 21 servants and/or independent contractors with the proper protocol concerning access to a guest’s room 22 and authorized, allowed, and otherwise permitted JACKSON with unfettered access to HART’S hotel 23 24 25 room suite at the COSMOPOLITAN. 46. As a direct and proximate result of the negligent acts and/or omissions of the COSMO 26 DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, including but not limited to, 27 severe and permanent emotional distress, embarrassment, past and future medical expenses, and has 28 incurred expenses and damages relating to the unauthorized use of her image and likeness. COMPLAINT FOR DAMAGES - 12 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 13 of 38 Page ID #:13 1 2 3 COUNT IV INVASION OF PRIVACY – INTRUSION UPON SECLUSION (by PLAINTIFF against the COSMO DEFENDANTS) 47. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, 4 all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 35 through 38, 5 paragraphs 39 through 42, and paragraphs 43 through 46, above, inclusive. 6 7 48. The acts of MARRIOTT, individually, and by and through its agents and/or joint venturers, Defendants BLACKSTONE and/or the COSMOPOLITAN, by and through their agents, employees, 8 9 10 11 12 servants, and/or independent contractors, as set forth above, include but are not limited to, facilitating JACKSON’S conduct by intentionally giving him access to HART’S room. 49. The intrusions by the COSMO DEFENDANTS were, and are objectionable and offensive to any reasonable person, including PLAINTIFF. 13 14 15 16 17 18 50. As set forth above, the intrusions by the COSMO DEFENDANTS were specific to PLAINTIFF’S private information and private matters. 51. As a direct and proximate result of the intrusion of seclusion and invasion of privacy by the COSMO DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, including but not limited to, severe and permanent emotional distress, embarrassment, past and future medical expenses, 19 20 21 22 23 24 25 and has incurred expenses and damages relating to the unauthorized use of her image and likeness. COUNT V INVASION OF PRIVACY – PUBLIC DISCLOSURE OF PRIVATE FACTS (by PLAINTIFF against the COSMO DEFENDANTS) 52. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 35 through 38, paragraphs 39 through 42, paragraphs 43 through 46, and paragraphs 47 through 51, above, inclusive. 26 27 53. The acts of MARRIOTT, individually, and by and through its agents and/or joint venturers, 28 COMPLAINT FOR DAMAGES - 13 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 14 of 38 Page ID #:14 1 Defendants BLACKSTONE and/or the COSMOPOLITAN, by and through their agents, employees, 2 servants, and/or independent contractors, as set forth above, include but are not limited to, facilitating 3 JACKSON’S conduct by intentionally giving him access to HART’S room, which led to the public 4 disclosure of a surreptitiously videotaped recording depicting the PLAINTIFF naked and engaging in 5 private sexual activity in a private bedroom. 6 7 8 9 10 54. The intrusions by the COSMO DEFENDANTS were, and are objectionable and offensive to any reasonable person, including PLAINTIFF. 55. As set forth above, the intrusions by the COSMO DEFENDANTS were specific to PLAINTIFF’S private information and private matters and were not a legitimate public concern. 11 12 56. As a direct and proximate result of facilitating JACKSON’S conduct, the COSMO 13 DEFENDANTS contributed to the public disclosure of private facts and an invasion of MS. SABBAG’S 14 privacy. 15 16 57. As a direct and proximate result of the public disclosure of private facts and invasion of privacy by the COSMO DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, 17 18 including but not limited to, severe and permanent emotional distress, embarrassment, past and future 19 medical expenses, and has incurred expenses and damages relating to the unauthorized use of her image 20 and likeness. 21 22 23 COUNT VI INVASION OF PRIVACY – FALSE LIGHT (by PLAINTIFF against the COSMO DEFENDANTS) 58. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, 24 25 all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 35 through 38, 26 paragraphs 39 through 42, paragraphs 43 through 46, paragraphs 47 through 51, and paragraphs 52 27 through 57, above, inclusive. 28 59. The acts of MARRIOTT, individually, and by and through its agents and/or joint venturers, COMPLAINT FOR DAMAGES - 14 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 15 of 38 Page ID #:15 1 Defendants BLACKSTONE and/or the COSMOPOLITAN, by and through their agents, employees, 2 servants, and/or independent contractors, as set forth above, include but are not limited to, facilitating 3 JACKSON’S conduct by intentionally giving him access to HART’S room, which led to the public 4 disclosure of a surreptitiously videotaped recording depicting the PLAINTIFF naked and engaging in 5 private sexual activity in a private bedroom. 6 7 60. The release of the VIDEO, placed PLAINTIFF in a false light and exposed her to hate, 8 ridicule, and/or contempt as many in the public believed PLAINTIFF created the VIDEO herself 9 because she was fame-seeking and money hungry, or worse a “whore” and “gold-digger.” 10 61. The false light in which PLAINTIFF was placed as a result of the acts and/or omissions of the 11 12 13 14 15 16 COSMO DEFENDANTS was, and is objectionable and offensive to any reasonable person, including PLAINTIFF. 62. As set forth above, the intrusions by the COSMO DEFENDANTS were specific to PLAINTIFF’S private information and private matters and were not a legitimate public concern. 63. PLAINTIFF suffered injuries and damages to her reputation based upon the false light 17 18 19 portrayal, which resulted based upon the acts and/or omissions of the COSMO DEFENDANTS. 64. As a direct and proximate result of facilitating JACKSON’S conduct, the COSMO 20 DEFENDANTS contributed to the false light portrayal of the PLAINTIFF and an invasion of MS. 21 SABBAG’S privacy. 22 65. As a direct and proximate result of the false light portrayal of PLAINTIFF by the COSMO 23 24 DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, including but not limited to, 25 severe and permanent emotional distress, embarrassment, past and future medical expenses, and has 26 incurred expenses and damages relating to the unauthorized use of her image and likeness. 27 28 COMPLAINT FOR DAMAGES - 15 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 16 of 38 Page ID #:16 COUNT VII NEGLIGENCE (by PLAINTIFF against HART) 1 2 3 4 5 6 7 66. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, above, inclusive. 67. Defendant HART, individually, and by and through his agents, had a duty to exercise reasonable and ordinary care and caution in and about the ownership, management, maintenance, supervision, control, and operation of his private bedroom suite at the COSMOPOLITAN, all to the 8 9 benefit of guests, patrons, business invitees, and persons like Plaintiff Montia Sabbag. 10 68. Defendant HART, individually, and by and through his agents, employees, servants and/or 11 independent contractors, was negligent in his acts and/or omissions by, amongst other things, 12 authorizing, allowing, and/or otherwise permitting JACKSON with unfettered access to his hotel room 13 14 15 16 17 18 suite at the COSMOPOLITAN, thereby allowing a surreptitious video to be taken of MS. SABBAG by JACKSON. 69. As a direct and proximate result of the above-said conduct of HART, MS. SABBAG has suffered and continues to suffer from, including but not limited to, severe and permanent emotional distress, embarrassment, past and future medical expenses, and has incurred expenses and damages 19 20 21 22 23 24 relating to the unauthorized use of her image and likeness. COUNT VIII NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (by PLAINTIFF against HART) 70. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, and paragraphs 66 through 25 26 27 69, above, inclusive. 71. Defendant HART, individually, and by and through its agents, had a duty to exercise 28 COMPLAINT FOR DAMAGES - 16 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 17 of 38 Page ID #:17 1 reasonable and ordinary care and caution in and about the ownership, management, maintenance, 2 supervision, control, and operation of his private bedroom suite at the COSMOPOLITAN, all to the 3 benefit of guests, patrons, business invitees, and persons like Plaintiff Montia Sabbag. 4 5 72. Defendant HART, individually, and by and through his agents, employees, servants and/or independent contractors, was negligent in his acts and/or omissions by, amongst other things, 6 7 authorizing, allowing, and/or otherwise permitting JACKSON with unfettered access to his hotel room 8 suite at the COSMOPOLITAN, thereby allowing a surreptitious video to be taken of MS. SABBAG by 9 JACKSON. 10 73. As a direct and proximate result of the negligent acts and/or omissions of HART, MS. 11 12 SABBAG has suffered and continues to suffer from, including but not limited to, severe and permanent 13 emotional distress, embarrassment, past and future medical expenses, and has incurred expenses and 14 damages relating to the unauthorized use of her image and likeness. 15 16 17 18 19 20 21 22 COUNT IX NEGLIGENT SUPERVISION (by PLAINTIFF against HART) 74. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 66 through 69, and paragraphs 70 through 73, above, inclusive. 75. Defendant HART, individually, and by and through his agents, had a duty to exercise reasonable and ordinary care and caution in and about the ownership, management, maintenance, 23 24 25 26 supervision, control, and operation of his private bedroom suite at the COSMOPOLITAN, all to the benefit of guests, patrons, business invitees, and persons like Plaintiff Montia Sabbag. 76. Defendant HART, by and through his agents, employees, servants and/or independent 27 28 COMPLAINT FOR DAMAGES - 17 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 18 of 38 Page ID #:18 1 contractors, was negligent in his acts and/or omissions by, amongst other things, failing to adequately 2 supervise and/or monitor who was in his private bedroom suite at the COSMOPOLITAN and thereby 3 allowing a surreptitious video to be taken of MS. SABBAG by JACKSON. 4 5 77. As a direct and proximate result of the negligent acts and/or omissions of HART, MS. SABBAG has suffered and continues to suffer from, including but not limited to, severe and permanent 6 7 8 9 10 11 12 emotional distress, embarrassment, past and future medical expenses, and has incurred expenses and damages relating to the unauthorized use of her image and likeness. COUNT X INVASION OF PRIVACY – INTRUSION UPON SECLUSION (by PLAINTIFF against HART) 78. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 66 through 69, 13 14 15 paragraphs 70 through 73, and paragraphs 74 through 77, above, inclusive. 79. The acts of HART, individually, and by and through its agents, employees, servants, and/or 16 independent contractors, as set forth above, include but are not limited to, facilitating JACKSON’S 17 conduct by intentionally giving JACKSON unfettered access to HART’S room. 18 80. The intrusions by HART were, and are objectionable and offensive to any reasonable person, 19 20 21 22 23 24 including PLAINTIFF. 81. As set forth above, the intrusions by HART were specific to PLAINTIFF’S private information and private matters. 82. As a direct and proximate result of the intrusion of seclusion and invasion of privacy by HART, MS. SABBAG has suffered and continues to suffer from, including but not limited to, severe 25 26 27 and permanent emotional distress, embarrassment, past and future medical expenses, and has incurred expenses and damages relating to the unauthorized use of her image and likeness. 28 COMPLAINT FOR DAMAGES - 18 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 19 of 38 Page ID #:19 1 2 3 COUNT XI INVASION OF PRIVACY – PUBLIC DISCLOSURE OF PRIVATE FACTS (by PLAINTIFF against HART) 83. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, 4 all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 66 through 69, 5 paragraphs 70 through 73, paragraphs 74 through 77, and paragraphs 78 through 82, above, inclusive. 6 84. The acts of HART, individually, and by and through his agents, employees, servants, and/or 7 8 independent contractors, as set forth above, include but are not limited to, facilitating JACKSON’S 9 conduct by intentionally giving him unfettered access to HART’S room, which led to the public 10 disclosure of a surreptitiously videotaped recording depicting the PLAINTIFF naked and engaging in 11 private sexual activity in a private bedroom. 12 13 14 15 16 17 85. The intrusions by HART were, and are objectionable and offensive to any reasonable person, including PLAINTIFF. 86. As set forth above, the intrusions by HART were specific to PLAINTIFF’S private information and private matters and were not a legitimate public concern. 87. As a direct and proximate result of facilitating JACKSON’S conduct, HART contributed to the 18 19 20 public disclosure of private facts and an invasion of MS. SABBAG’S privacy. 88. As a direct and proximate result of the public disclosure of private facts and invasion of 21 privacy by HART, MS. SABBAG has suffered and continues to suffer from, including but not limited 22 to, severe and permanent emotional distress, embarrassment, past and future medical expenses, and has 23 incurred expenses and damages relating to the unauthorized use of her image and likeness. 24 25 26 27 COUNT XII INVASION OF PRIVACY – FALSE LIGHT (by PLAINTIFF against HART) 89. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, 28 COMPLAINT FOR DAMAGES - 19 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 20 of 38 Page ID #:20 1 all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 66 through 69, 2 paragraphs 70 through 73, paragraphs 74 through 77, paragraphs 78 through 82, and paragraphs 83 3 through 88, above, inclusive. 4 5 90. The acts of HART, individually, and by and through his agents, employees, servants, and/or independent contractors, as set forth above, include but are not limited to, facilitating JACKSON’S 6 7 conduct by intentionally giving JACKSON access to his room, which led to the public disclosure of a 8 surreptitiously videotaped recording depicting the PLAINTIFF naked and engaging in private sexual 9 activity in a private bedroom. 10 91. The release of the VIDEO, placed PLAINTIFF in a false light and exposed her to hate, 11 12 13 14 15 16 ridicule, and/or contempt as many in the public believed PLAINTIFF created the VIDEO herself because she was fame-seeking and money hungry, or worse a “whore” and “gold-digger.” 92. The false light in which PLAINTIFF was placed as a result of the acts and/or omissions of HART was, and is objectionable and offensive to any reasonable person, including PLAINTIFF. 93. As set forth above, the intrusions by HART were specific to PLAINTIFF’S private information 17 18 19 20 21 22 and private matters and were not a legitimate public concern. 94. PLAINTIFF suffered injuries and damages to her reputation based upon the false light portrayal, which resulted based upon the acts and/or omissions of HART. 95. As a direct and proximate result of facilitating JACKSON’S conduct, HART contributed to the false light portrayal of the PLAINTIFF and an invasion of MS. SABBAG’S privacy. 23 24 96. As a direct and proximate result of the false light portrayal of PLAINTIFF by HART, MS. 25 SABBAG has suffered and continues to suffer from, including but not limited to, severe and permanent 26 emotional distress, embarrassment, past and future medical expenses, and has incurred expenses and 27 damages relating to the unauthorized use of her image and likeness. 28 COMPLAINT FOR DAMAGES - 20 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 21 of 38 Page ID #:21 COUNT XIII NEGLIGENCE (by PLAINTIFF against JACKSON) 1 2 3 4 5 6 7 97. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, above, inclusive. 98. Defendant JACKSON had a duty to exercise reasonable and ordinary care and caution with respect to guests, patrons, business invitees, and persons like Plaintiff Montia Sabbag. 99. Defendant JACKSON was negligent in his acts and/or omissions by, amongst other things, 8 9 10 11 12 negligently engaging in acts, as set forth above, that JACKSON knew or reasonably should have known, would cause harm to PLAINTIFF. 100. As a direct and proximate result of the above-said conduct of JACKSON, MS. SABBAG has suffered and continues to suffer from, including but not limited to, severe and permanent emotional 13 14 15 distress, embarrassment, past and future medical expenses, and has incurred expenses and damages relating to the unauthorized use of her image and likeness. COUNT XIV NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (by PLAINTIFF against JACKSON) 16 17 18 19 20 21 22 23 24 101. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, and paragraphs 97 through 100, above, inclusive. 102. Defendant JACKSON had a duty to exercise reasonable and ordinary care and caution with respect to guests, patrons, business invitees, and persons like Plaintiff Montia Sabbag. 103. Defendant JACKSON was negligent in his acts and/or omissions by, amongst other 25 26 27 28 things, negligently engaging in acts, as set forth above, that JACKSON knew or reasonably should have known, would cause harm to PLAINTIFF. 104. As a direct and proximate result of the negligent acts and/or omissions of JACKSON, COMPLAINT FOR DAMAGES - 21 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 22 of 38 Page ID #:22 1 MS. SABBAG has suffered and continues to suffer from, including but not limited to, severe and 2 permanent emotional distress, embarrassment, past and future medical expenses, and has incurred 3 expenses and damages relating to the unauthorized use of her image and likeness. 4 COUNT XV INVASION OF PRIVACY – INTRUSION UPON SECLUSION (by PLAINTIFF against JACKSON) 5 6 7 105. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 97 8 9 10 11 12 through 100, and paragraphs 101 through 104, above, inclusive. 106. The acts of JACKSON, as set forth above, including but are not limited to, the improper and/or unauthorized access to HART’S room, the concealment of a video recording device, the surreptitious, unauthorized, and illegal videotaping of PLAINTIFF and the distribution of said VIDEO, 13 14 15 16 17 18 were unauthorized intrusions into PLAINTIFF’S seclusion. 107. The intrusions by JACKSON were, and are objectionable and offensive to any reasonable person, including PLAINTIFF. 108. As set forth above, the intrusions by JACKSON were in a private hotel bedroom, at times PLAINTIFF was naked and engaged in private, consensual sexual activity, and when she had the 19 20 21 22 23 24 greatest expectation of privacy. and private matters. 109. As a direct and proximate result of the intrusion of seclusion and invasion of privacy by JACKSON, MS. SABBAG has suffered and continues to suffer from, including but not limited to, severe and permanent emotional distress, embarrassment, past and future medical expenses, and has 25 26 incurred expenses and damages relating to the unauthorized use of her image and likeness. 27 28 COMPLAINT FOR DAMAGES - 22 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 23 of 38 Page ID #:23 COUNT XVI INVASION OF PRIVACY – PUBLIC DISCLOSURE OF PRIVATE FACTS (by PLAINTIFF against JACKSON) 1 2 3 110. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by 4 reference, all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 97 5 through 100, paragraphs 101 through 104, and paragraphs 105 through 109, above, inclusive. 6 111. The acts of JACKSON, as set forth above, include but are not limited to, the improper 7 8 and/or unauthorized access to HART’S room, the concealment of a video recording device, the 9 surreptitious, unauthorized, and illegal videotaping of PLAINTIFF and the distribution of said VIDEO, 10 which was disseminated to the public, was an unauthorized public disclosure of private facts abut 11 PLAINTIFF. 12 13 14 15 16 17 112. The intrusions/disclosures by JACKSON were, and are objectionable and offensive to any reasonable person, including PLAINTIFF. 113. As set forth above, the intrusions/disclosures by JACKSON were specific to PLAINTIFF’S private information and private matters and were not a legitimate public concern. 114. As a direct and proximate result of the public disclosure of private facts and invasion of 18 19 privacy by JACKSON, MS. SABBAG has suffered and continues to suffer from, including but not 20 limited to, severe and permanent emotional distress, embarrassment, past and future medical expenses, 21 and has incurred expenses and damages relating to the unauthorized use of her image and likeness. 22 COUNT XVII INVASION OF PRIVACY – FALSE LIGHT (by PLAINTIFF against JACKSON) 23 24 115. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by 25 26 reference, all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 97 27 through 100, paragraphs 101 through 104, paragraphs 105 through 109, and paragraphs 110 through 28 114, above, inclusive. COMPLAINT FOR DAMAGES - 23 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 24 of 38 Page ID #:24 1 116. The acts of JACKSON, as set forth above, include but are not limited to, the improper 2 and/or unauthorized access to HART’S room, the concealment of a video recording device, the 3 surreptitious, unauthorized, and illegal videotaping of PLAINTIFF and the distribution of said VIDEO, 4 were unauthorized invasions of PLAINTIFF’S privacy. 5 117. The release of the VIDEO, placed PLAINTIFF in a false light and exposed her to hate, 6 7 8 9 10 ridicule, and/or contempt as many in the public believed PLAINTIFF created the VIDEO herself because she was fame-seeking and money hungry, or worse a “whore” and “gold-digger.” 118. The false light in which PLAINTIFF was placed as a result of the acts and/or omissions of JACKSON was, and is objectionable and offensive to any reasonable person, including PLAINTIFF. 11 12 13 14 15 16 119. As set forth above, the intrusions by JACKSON were specific to PLAINTIFF’S private information and private matters and were not a legitimate public concern. 120. PLAINTIFF suffered injuries and damages to her reputation based upon the false light portrayal, which occurred based upon the acts and/or omissions of JACKSON. 121. As a direct and proximate result of the false light portrayal of PLAINTIFF by 17 18 JACKSON, MS. SABBAG has suffered and continues to suffer from, including but not limited to, 19 severe and permanent emotional distress, embarrassment, past and future medical expenses, and has 20 incurred expenses and damages relating to the unauthorized use of her image and likeness. 21 COUNT XVIII NEGLIGENCE (by PLAINTIFF against the FAMEOLOUS DEFENDANTS) 22 23 24 122. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, above, inclusive. 25 26 123. Defendants the FAMEOLOUS DEFENDANTS, individually, and by and through their 27 agents, employees, servants and/or independent contractors, had a duty to exercise reasonable and 28 ordinary care and caution with persons like Plaintiff Montia Sabbag. COMPLAINT FOR DAMAGES - 24 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 25 of 38 Page ID #:25 1 124. Defendants the FAMEOLOUS DEFENDANTS, individually, and by and through their 2 agents, employees, servants and/or independent contractors, were negligent in their acts and/or 3 omissions by, amongst other things, negligently engaging in acts, as set forth above, that the 4 FAMEOLOUS DEFENDANTS knew or reasonably should have known, would cause harm to 5 PLAINTIFF. 6 7 125. As a direct and proximate result of the above-said conduct of the FAMEOLOUS 8 DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, including but not limited to, 9 severe and permanent emotional distress, embarrassment, past and future medical expenses, and has 10 incurred expenses and damages relating to the unauthorized use of her image and likeness. 11 COUNT XIX NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (by PLAINTIFF against the FAMEOLOUS DEFENDANTS) 12 13 14 15 16 17 18 19 20 21 22 126. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, and paragraphs 122 through 125, above, inclusive. 127. Defendants the FAMEOLOUS DEFENDANTS, individually, and by and through their agents, employees, servants and/or independent contractors, had a duty to exercise reasonable and ordinary care and caution with persons like Plaintiff Montia Sabbag. 128. Defendants the FAMEOLOUS DEFENDANTS, individually, and by and through their agents, employees, servants and/or independent contractors, were negligent in their acts and/or 23 24 omissions by, amongst other things, negligently engaging in acts, as set forth above, that the 25 FAMEOLOUS DEFENDANTS knew or reasonably should have known, would cause harm to 26 PLAINTIFF. 27 129. As a direct and proximate result of the negligent acts and/or omissions of the 28 COMPLAINT FOR DAMAGES - 25 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 26 of 38 Page ID #:26 1 FAMEOLOUS DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, including but 2 not limited to, severe and permanent emotional distress, embarrassment, past and future medical 3 expenses, and has incurred expenses and damages relating to the unauthorized use of her image and 4 likeness. 5 COUNT XX INVASION OF PRIVACY – INTRUSION UPON SECLUSION (by PLAINTIFF against the FAMEOLOUS DEFENDANTS) 6 7 130. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by 8 9 10 11 12 reference, all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 122 through 125, and paragraphs 126 through 129, above, inclusive. 131. The FAMEOLOUS DEFENDANTS, without PLAINTIFF’S consent and against PLAINTIFF’S will, have grossly invaded PLAINTIFF’S protected rights of privacy as recognized under 13 14 California common law, by obtaining, watching and editing the secretly recorded video footage 15 involving PLAINTIFF and by posting and publicly disclosing the VIDEO depicting PLAINTIFF naked 16 from the waist down and engaged in private intimate consensual relations with HART in a private 17 bedroom. In doing so, the FAMEOLOUS DEFENDANTS “peered into the private bedroom” and 18 enabled the general public to “peer into the private bedroom” and watch PLAINTIFF when she was 19 20 21 22 23 24 naked and engaged in private sexual activity, without PLAINTIFF’S knowledge, authorization, or consent. 132. The FAMEOLOUS DEFENDANTS’ acquiring, viewing, editing, posting, publishing, distributing, disseminating and exploiting of PLAINTIFF naked from the waist down and engaged in sexual relations in private quarters was not carried out for reasonable or legitimate purposes, but rather 25 26 27 to reap substantial revenues and profits at the expense of PLAINTIFF and others. PLAINTIFF had a reasonable expectation of privacy in having private consensual sexual relations with HART in a private 28 COMPLAINT FOR DAMAGES - 26 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 27 of 38 Page ID #:27 1 2 3 4 5 bedroom, and had no knowledge of, and did not consent to, the recording or dissemination of such private sexual activity. 133. The actions by the FAMEOLOUS DEFENDANTS are offensive and objectionable to PLAINTIFF, and would be offensive and objectionable to any reasonable person of ordinary sensibilities, and is not of legitimate public concern. 6 7 134. The FAMEOLOUS DEFENDANTS knew or should have known that the private video 8 footage, depicting PLAINTIFF naked and engaged in consensual sexual activity in a private bedroom, 9 contained private and confidential information and content, and that PLAINTIFF had a reasonable 10 expectation of privacy in the activities depicted therein, and that the FAMEOLOUS DEFENDANTS’ 11 12 conduct would reveal private and personal things about PLAINTIFF which the FAMEOLOUS 13 DEFENDANTS had no right to disseminate, disclose, or exploit, and that the publication of these 14 private facts would constitute a clear and egregious violation of PLAINTIFF’S right of privacy. 15 16 135. The FAMEOLOUS DEFENDANTS violated PLAINTIFF’S fundamental privacy rights by the conduct alleged herein, including the outrageous intrusion into PLAINTIFF’S privacy and the 17 18 publication, dissemination, and exploitation of the VIDEO in an unprivileged manner calculated to 19 financially capitalize therefrom, to garner publicity throughout the world, and to unjustly enrich the 20 FAMEOLOUS DEFENDANTS in conscious disregard of PLAINTIFF’S right of privacy. 21 22 136. PLAINTIFF is informed and believes and thereon alleges that the FAMEOLOUS DEFENDANTS acted with actual malice and reckless disregard of PLAINTIFF’S right of privacy. 23 24 137. As a direct and proximate result of the aforementioned acts by the FAMEOLOUS 25 DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, including but not limited to, 26 severe and permanent emotional distress, embarrassment, past and future medical expenses, and has 27 incurred expenses and damages relating to the unauthorized use of her image and likeness. 28 COMPLAINT FOR DAMAGES - 27 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 28 of 38 Page ID #:28 1 138. PLAINTIFF is informed and believes and on that basis alleges that the aforementioned 2 acts of the FAMEOLOUS DEFENDANTS were done intentionally or with a conscious and/or reckless 3 disregard of PLAINTIFF’S rights, and with the intent to vex, injure or annoy, such as to constitute 4 oppression, fraud, or malice. 5 COUNT XXI INVASION OF PRIVACY – PUBLIC DISCLOSURE OF PRIVATE FACTS (by PLAINTIFF against the FAMEOLOUS DEFENDANTS) 6 7 8 9 10 11 139. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 122 through 125, paragraphs 126 through 129, and paragraphs 130 through 138, above, inclusive. 140. The FAMEOLOUS DEFENDANTS, without PLAINTIFF’S consent and against 12 13 PLAINTIFF’S will, have grossly invaded PLAINTIFF’S protected rights of privacy as recognized under 14 California common law, by obtaining, watching and editing the secretly recorded video footage 15 involving PLAINTIFF and by posting and publicly disclosing the VIDEO depicting PLAINTIFF naked 16 from the waist down and engaged in private intimate consensual relations with HART in a private 17 bedroom. In doing so, the FAMEOLOUS DEFENDANTS “peered into the private bedroom” and 18 19 enabled the general public to “peer into the private bedroom” and watch PLAINTIFF when she was 20 naked and engaged in private sexual activity, without PLAINTIFF’S knowledge, authorization, or 21 consent. 22 23 141. The FAMEOLOUS DEFENDANTS’ acquiring, viewing, editing, posting, publishing, distributing, disseminating and exploiting of PLAINTIFF naked from the waist down and engaged in 24 25 sexual relations in private quarters was not carried out for reasonable or legitimate purposes, but rather 26 to reap substantial revenues and profits at the expense of PLAINTIFF and others. PLAINTIFF had a 27 reasonable expectation of privacy in having private consensual sexual relations with HART in a private 28 COMPLAINT FOR DAMAGES - 28 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 29 of 38 Page ID #:29 1 2 3 4 5 bedroom, and had no knowledge of, and did not consent to, the recording or dissemination of such private sexual activity. 142. The actions by the FAMEOLOUS DEFENDANTS are offensive and objectionable to PLAINTIFF, and would be offensive and objectionable to any reasonable person of ordinary sensibilities, and is not of legitimate public concern. 6 7 143. The FAMEOLOUS DEFENDANTS knew or should have known that the private video 8 footage, depicting PLAINTIFF naked and engaged in consensual sexual activity in a private bedroom, 9 contained private and confidential information and content, and that PLAINTIFF had a reasonable 10 expectation of privacy in the activities depicted therein, and that the FAMEOLOUS DEFENDANTS’ 11 12 conduct would reveal private and personal things about PLAINTIFF which the FAMEOLOUS 13 DEFENDANTS had no right to disseminate, disclose, or exploit, and that the publication of these 14 private facts would constitute a clear and egregious violation of PLAINTIFF’S right of privacy. 15 16 144. The FAMEOLOUS DEFENDANTS violated PLAINTIFF’S fundamental privacy rights by the conduct alleged herein, including the outrageous intrusion into PLAINTIFF’S privacy and the 17 18 publication, dissemination, and exploitation of the VIDEO in an unprivileged manner calculated to 19 financially capitalize therefrom, to garner publicity throughout the world, and to unjustly enrich the 20 FAMEOLOUS DEFENDANTS in conscious disregard of PLAINTIFF’S right of privacy. 21 22 145. PLAINTIFF is informed and believes and thereon alleges that the FAMEOLOUS DEFENDANTS acted with actual malice and reckless disregard of PLAINTIFF’S right of privacy. 23 24 146. As a direct and proximate result of the aforementioned acts by the FAMEOLOUS 25 DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, including but not limited to, 26 severe and permanent emotional distress, embarrassment, past and future medical expenses, and has 27 incurred expenses and damages relating to the unauthorized use of her image and likeness. 28 COMPLAINT FOR DAMAGES - 29 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 30 of 38 Page ID #:30 1 147. PLAINTIFF is informed and believes and on that basis alleges that the aforementioned 2 acts of the FAMEOLOUS DEFENDANTS were done intentionally or with a conscious and/or reckless 3 disregard of PLAINTIFF’S rights, and with the intent to vex, injure or annoy, such as to constitute 4 oppression, fraud, or malice. 5 COUNT XXII INVASION OF PRIVACY – FALSE LIGHT (by PLAINTIFF against the FAMEOLOUS DEFENDANTS) 6 7 8 148. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by 9 reference, all of the allegations and statements contained in paragraphs 1 through 34, paragraphs 122 10 through 125, paragraphs 126 through 129, paragraphs 130 through 138, paragraphs 139 through 147, 11 above, inclusive. 12 13 149. The FAMEOLOUS DEFENDANTS, without PLAINTIFF’S consent and against 14 PLAINTIFF’S will, have grossly invaded PLAINTIFF’S protected rights of privacy as recognized under 15 California common law, by obtaining, watching and editing the secretly recorded video footage 16 involving PLAINTIFF and by posting and publicly disclosing the VIDEO depicting PLAINTIFF naked 17 from the waist down and engaged in private intimate consensual relations with HART in a private 18 19 bedroom. In doing so, the FAMEOLOUS DEFENDANTS “peered into the private bedroom” and 20 enabled the general public to “peer into the private bedroom” and watch PLAINTIFF when she was 21 naked and engaged in private sexual activity, without PLAINTIFF’S knowledge, authorization, or 22 consent. 23 150. The FAMEOLOUS DEFENDANTS’ acquiring, viewing, editing, posting, publishing, 24 25 distributing, disseminating and exploiting of PLAINTIFF naked from the waist down and engaged in 26 sexual relations in private quarters was not carried out for reasonable or legitimate purposes, but rather 27 to reap substantial revenues and profits at the expense of PLAINTIFF and others. PLAINTIFF had a 28 reasonable expectation of privacy in having private consensual sexual relations with HART in a private COMPLAINT FOR DAMAGES - 30 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 31 of 38 Page ID #:31 1 2 3 4 5 bedroom, and had no knowledge of, and did not consent to, the recording or dissemination of such private sexual activity. 151. In releasing the VIDEO, the FAMEOLOUS DEFENDANTS portrayed PLAINTIFF in a false light and exposed her to hate, ridicule, and/or contempt from the public. 152. The actions by the FAMEOLOUS DEFENDANTS are offensive and objectionable to 6 7 8 9 10 PLAINTIFF, and would be offensive and objectionable to any reasonable person of ordinary sensibilities, and is not of legitimate public concern. 153. The FAMEOLOUS DEFENDANTS knew or should have known that the private video footage, depicting PLAINTIFF naked and engaged in consensual sexual activity in a private bedroom, 11 12 contained private and confidential information and content, and that PLAINTIFF had a reasonable 13 expectation of privacy in the activities depicted therein, and that the FAMEOLOUS DEFENDANTS’ 14 conduct would reveal private and personal things about PLAINTIFF which the FAMEOLOUS 15 DEFENDANTS had no right to disseminate, disclose, or exploit, and that the publication of these 16 private facts would constitute a clear and egregious violation of PLAINTIFF’S right of privacy. 17 18 154. The FAMEOLOUS DEFENDANTS violated PLAINTIFF’S fundamental privacy rights 19 by the conduct alleged herein, including the outrageous intrusion into PLAINTIFF’S privacy and the 20 publication, dissemination, and exploitation of the VIDEO in an unprivileged manner calculated to 21 financially capitalize therefrom, to garner publicity throughout the world, and to unjustly enrich the 22 FAMEOLOUS DEFENDANTS in conscious disregard of PLAINTIFF’S right of privacy. 23 24 25 26 155. PLAINTIFF is informed and believes and thereon alleges that the FAMEOLOUS DEFENDANTS acted with actual malice and reckless disregard of PLAINTIFF’S right of privacy. 156. As a direct and proximate result of the aforementioned acts by the FAMEOLOUS 27 28 COMPLAINT FOR DAMAGES - 31 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 32 of 38 Page ID #:32 1 DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, including but not limited to, 2 severe and permanent emotional distress, embarrassment, damage to her reputation, past and future 3 medical expenses, and has incurred expenses and damages relating to the unauthorized use of her image 4 and likeness. 5 157. PLAINTIFF is informed and believes and on that basis alleges that the aforementioned 6 7 acts of the FAMEOLOUS DEFENDANTS were done intentionally or with a conscious and/or reckless 8 disregard of PLAINTIFF’S rights, and with the intent to vex, injure or annoy, such as to constitute 9 oppression, fraud, or malice. 10 COUNT XXIII INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (by PLAINTIFF against HART) 11 12 13 14 15 16 17 158. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, above, inclusive. 159. At all times herein, HART acted intentionally and unreasonably by conspiring with JACKSON to create the secretly filemd video footage and causing it to be disseminated to third parties when he knew or should have known that PLAINTIFF’S emotional distress would likely result. 18 19 160. HART has both directly and indirectly earned profits and revenues through the release of 20 the VIDEO, which depicted PLAINTIFF naked and engaged in consensual sexual activity in a private 21 bedroom, at a time when PLAINTIFF had a reasonable expectation of privacy in the activities depicted 22 therein. Additionally, PLAINTIFF never authorized the creation, distribution and/or dissemination of 23 the VIDEO, which HART has used to generate his own personal financial gain. 24 25 161. HART’S conduct was intentional and malicious and done for the purpose of causing, or 26 was known by HART to likely cause PLAINTIFF humiliation, mental anguish, embarrassment and 27 severe emotional distress and was done with the wanton and reckless disregard of the consequences to 28 PLAINTIFF. COMPLAINT FOR DAMAGES - 32 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 33 of 38 Page ID #:33 1 162. As such, in doing the acts alleged hereinabove, HART has acted outrageously and 2 beyond all reasonable bounds of decency, and intentionally inflicted severe emotional distress upon 3 PLAINTIFF, to her detriment. 4 5 163. As a proximate result of the aforementioned wrongful conduct, PLAINTIFF has suffered substantial monetary damages, including damages to her personal and professional reputation and 6 7 8 9 10 career, and substantial emotional distress, anxiety and worry. 164. PLAINTIFF is informed and believes and thereon alleges that HART acted with actual malice and reckless disregard of PLAINTIFF’S right to privacy. 165. As a direct and proximate result of the aforementioned acts by HART, MS. SABBAG has 11 12 suffered and continues to suffer from, including but not limited to, severe and permanent emotional 13 distress, embarrassment, damage to her reputation, past and future medical expenses, and has incurred 14 expenses and damages relating to the unauthorized use of her image and likeness. 15 16 166. PLAINTIFF is informed and believes and on that basis alleges that the aforementioned acts of HART were done intentionally or with a conscious and/or reckless disregard of PLAINTIFF’S 17 18 rights, and with the intent to vex, injure or annoy, such as to constitute oppression, fraud, or malice. COUNT XXIV INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (by PLAINTIFF against JACKSON and the FAMEOLOUS DEFENDANTS) 19 20 21 22 23 167. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by reference, all of the allegations and statements contained in paragraphs 1 through 34, and paragraphs 158 through 166, above, inclusive. 24 25 168. At all times herein, JACKSON acted intentionally and unreasonably in creating the 26 secretly-filmed video and causing it to be disseminated to third parties when he knew or should have 27 known that PLAINTIFF’S emotional distress would likely result. The FAMEOLOUS DEFENDANTS 28 acted intentionally and unreasonably in acquiring, viewing, editing, publishing, distributing, and COMPLAINT FOR DAMAGES - 33 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 34 of 38 Page ID #:34 1 2 3 4 5 disseminating the VIDEO when they knew or should have known that emotional distress would likely result to PLAINTIFF. 169. JACKSON’S and the FAMEOLOUS DEFENDANTS conduct was intentional and malicious and done for the purpose of causing, or was known by them to likely cause PLAINTIFF humiliation, mental anguish, embarrassment and severe emotional distress, and was done with the 6 7 8 9 10 wanton and reckless disregard of the consequences to PLAINTIFF. 170. As such, in doing the acts alleged hereinabove, JACKSON and the FAMEOLOUS DEFENDANTS have acted outrageously and beyond all reasonable bounds of decency, and intentionally inflicted severe emotional distress upon PLAINTIFF, to her detriment. 11 12 171. As a proximate result of the aforementioned wrongful conduct, PLAINTIFF has suffered 13 substantial monetary damages, including damages to her personal and professional reputation and 14 career, and substantial emotional distress, anxiety and worry. 15 16 172. PLAINTIFF is informed and believes and thereon alleges that JACKSON and the FAMEOLOUS DEFENDANTS acted with actual malice and reckless disregard of PLAINTIFF’S right 17 18 19 to privacy. 173. As a direct and proximate result of the aforementioned acts by JACKSON and the 20 FAMEOLOUS DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, including but 21 not limited to, severe and permanent emotional distress, embarrassment, damage to her reputation, past 22 and future medical expenses, and has incurred expenses and damages relating to the unauthorized use of 23 24 25 her image and likeness. 174. PLAINTIFF is informed and believes and on that basis alleges that the aforementioned 26 27 28 COMPLAINT FOR DAMAGES - 34 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 35 of 38 Page ID #:35 1 acts of JACKSON and the FAMEOLOUS DEFENDANTS were done intentionally or with a conscious 2 and/or reckless disregard of PLAINTIFF’S rights, and with the intent to vex, injure or annoy, such as to 3 constitute oppression, fraud, or malice. 4 COUNT XXV VIOLATIONS OF CALIFORNIA CONSTITUTION – RIGHT TO PRIVACY (by PLAINTIFF against the DEFENDANTS) 5 6 175. PLAINTIFF realleges as though fully set forth at length, and incorporates herein by 7 8 9 10 11 reference, all of the allegations and statements contained in paragraphs 1 through 34, above, inclusive. 176. PLAINTIFF had a reasonable expectation of privacy in engaging in private consensual sexual relations in a private bedroom at all relevant times, and did not know about, nor consent to, the taping of the activity depicted in the secretly filed VIDEO, or its publication or dissemination. 12 13 177. The DEFENDANTS violated PLAINTIFF’S fundamental privacy rights by the conduct 14 alleged herein, including the outrageous intrusion into PLAINTIFF’S privacy and the publication, and 15 dissemination of the secretly-filmed VIDEO in an unprivileged manner in conscious disregard of 16 PLAINTIFF’S rights. 17 178. The DEFENDANTS disclosed or caused to be disclosed to third parties the contents of 18 19 the secretly-filmed VIDEO depicting PLAINTIFF in about 2017 engaged in private consensual sexual 20 relations with HART in a private bedroom suite at the COSMOPOLITAN. The DEFENDANTS knew, 21 or should have known, that the VIDEO contained private and confidential information; that PLAINTIFF 22 had a reasonable expectation of privacy in engaging in the activity depicted in the VIDEO; that the 23 VIDEO was taken without PLAINTIFF’S knowledge, consent, or approval and would reveal private and 24 25 personal things about PLAINTIFF if disclosed to third parties which the DEFENDANTS had no right to 26 disseminate or disclose; and that this publication of these private facts would be offensive and 27 objectionable to a reasonable person of ordinary sensibilities, and would have the natural tendency of 28 causing substantial damages to PLAINTIFF. COMPLAINT FOR DAMAGES - 35 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 36 of 38 Page ID #:36 1 2 3 4 5 179. The DEFENDANTS actions have not served any legitimate public interest. 180. PLAINTIFF is informed and believes and thereon alleges that the DEFENDANTS have acted with actual malice and reckless disregard of PLAINTIFF’S rights, including her right to privacy. 181. As a direct and proximate result of the aforementioned acts by the DEFENDANTS, MS. SABBAG has suffered and continues to suffer from, including but not limited to, severe and permanent 6 7 8 9 10 emotional distress, embarrassment, damage to her reputation, past and future medical expenses, and has incurred expenses and damages relating to the unauthorized use of her image and likeness. 182. PLAINTIFF is informed and believes and on that basis alleges that the aforementioned acts of the DEFENDANTS were done intentionally or with a conscious and/or reckless disregard of 11 12 13 PLAINTIFF’S rights, and with the intent to vex, injure or annoy, such as to constitute oppression, fraud, or malice. PRAYER FOR RELIEF 14 15 16 WHEREFORE, Plaintiff Montia Sabbag prays for judgment in her favor and against defendants Kevin Hart, Jonathan Todd Jackson, Marriott International, Inc., The Blackstone Group, Inc., The 17 18 19 20 21 22 Cosmopolitan of Las Vegas, Ashley M. Germon, and Fameolous Ent, LLC as follows: a. For an award of general and special damages in an amount in excess of SIXTY MILLION ($60,000,000.00) DOLLLARS; b. For the costs of this action; c. For attorney’s fees incurred herein; 23 24 d. For an Order and Judgment transferring to PLAINTIFF all of the DEFENDANTS’ right, 25 title and interest in and to the secretly-recorded video footage depicting PLAINTIFF’S sexual 26 encounter with HART, and all portions and content thereof, and all copies and reproductions 27 thereof contained in all media; 28 COMPLAINT FOR DAMAGES - 36 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 37 of 38 Page ID #:37 1 e. For an Order and Judgment requiring delivery to PLAINTIFF of all copies of the secretly- 2 recorded video footage depicting PLAINTIFF’S sexual encounter with HART, and all 3 portions and content thereof, in all formats and all forms of media, including electronic and 4 physical media, within the DEFENDANTS’ possession, custody or control, including 5 without limitation turning over to PLAINTIFF any and all storage devices (such as CDs, 6 7 DVDs, hard drives, flash drives, tapes, and disks) containing same; 8 f. For an Order and Judgment requiring the DEFENDANTS to turn over to PLAINTIFF all 9 information pertaining to the secretly-recorded video footage depicting PLAINTIFF’S sexual 10 encounter with HART, including without limitation, all activity by all persons and entities 11 12 related to the creation, storage, transportation, editing, distributing, disseminating, 13 publishing, displaying, posting for view or access on or through the Internet or any other 14 manner or media outlet, broadcasting, transferring, licensing, selling, offering to sell or 15 license, or otherwise using, exploiting or attempting to exploit, such footage or any portions 16 or content thereof or any copies thereof, in any and all formats and media, including all 17 18 19 20 21 22 electronic and physical media; g. For any other and further legal and equitable relief this Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiff Montia Sabbag hereby demands a trial by jury for all issues so triable. RESERVATION OF RIGHTS 23 24 Plaintiff Montia Sabbag reserves the right to further amend this Complaint, upon completion of 25 her investigation and discovery, to assert any additional claims for relief against the Defendants or any 26 other parties as may be warranted under the circumstances and as allowed by law. Plaintiff Montia 27 Sabbag further reserves the right to seek and have punitive damages assessed against the Defendants. 28 COMPLAINT FOR DAMAGES - 37 Case 2:19-cv-07999 Document 1 Filed 09/16/19 Page 38 of 38 Page ID #:38 1 2 3 4 5 6 7 8 9 Respectfully submitted, DATED this 16th day of September 2019. THE WILLIAMS LAW GROUP /s Andrew Williams, Esq. BY: ANDREW WILLIAMS, ESQ. California Bar No.: 310526 6273 Sunset Drive, Ste D3 South Miami, Florida 33143 Telephone: (253) 970-1683 E-Service: Andrew@TheWilliamsLG.com Secondary: WilliamsLawFlorida@gmail.com Attorney for Plaintiff Montia Sabbag 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR DAMAGES - 38