... 1 ,. ·, . 1 2 3 4 Daniel M. Gilleon (SBN 195200) Anna R. Yum (SBN 240009) Samuel A. Clemens (SBN 285919) The Gmeon Law Finn 1320 Columbia Street, Suite 200 San Diego, CA 92101 Tel: 619.702.8623/Fax:619.702.6337 dan@gHleon.com '11 OC'T 16 M1 ~ 14 ·CLEiH~-SUf'ERIOR COURJ SAH DIEGO COUNTY, Ctir 5 Attorneys for Plaintiff 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO (Central Division) 9 10 11 CASE NO.:37-2017-00038398-CU-PQ-CTL 13 14 COMPLAINT FOR: Plaintiff, 12 - ·- ·- ·- . i . 1. Rape [Civil Code§ 1708.5); vs. -· ,_. / 2. Battery; and · . 3. Intentional Infliction of Emotional Distress RONALDPOSNERand Does I to 20, 15 Defendants. 16 17 Plaintiff alleges: GENERAL ALLEGATIONS 18 19 20 21 22 1. Plaintiff is an adult individual who resides in Arizona. July 2017, but during all relevant time periods described in this complaint, 2. became an adult in was a minor. Defendant Ronald Posner ("Posner") is an adult individual who resides in San Diego, Califomia. Posner is 75 y~ars old. 23 FACTS COMMON TO ALL CAUSES OF ACTION In August 2015, Posner, then 73, began a predatory and inappropriate sexual 24 3. 25 relationship with 26 first time and began a sexual relationship that did not end until approximately July 2017, when 27 was 17. Posner and 28 of occasions durin~ tbfa time period. who had recently turned 16. In August 2015, and Posner had sex for the ad sexual intercourse and perfonned oral sex on each other on hundreds Complnint for Domuges l 4. 1 was introduced to Posner through a mutual friend. They met in person in June 2 2015. Approximately three to four months later, 3 through the social media platform, Facebook. They continued chatting online until 4 that she was moving back to San Diego from Arizona. Posner gave 5 asked her to text him when she arrived in San Diego. 5. 6 After and Posner began conversing with each other told Posner his phone number and he contacted Posner per his request. In moved back to San Diego, 7 response, Posner informed that he had sent for an Uber car service to bring her to his home 8 located in San Diego. Once arrived at Posner's home, he immediately provided her with glasses 9 of red wine. He also made repeated comments about how pretty she was and that she had a "baby 10 face." 6. 11 After drinking wine, Posner asked to go to his bedroom. Once they were in his 12 bedroom, Posner requested that 13 them were naked. Posner continued to digitally penetrate 14 erect penis. Thereafter, Posner engaged in unlawful sexual intercourse with 15 in sexual intercourse, 16 to use a condom and that he was physically unable to get 17 Posner's house. The next morning, Posner took 7. 18 take her clothes off and to lay in bed with him while both of Prior to engaging pregnant. spent the night at shopping.at Victoria's Secret. and Posner would have sex predominantly at his home located in San Diego, CA and in hotel rooms that he would rent for 20 Valley. 8. fondle his asked that Posner use a condom. Posner indicated that he preferred not 19 21 and he requested that such as the Doubletree Town and Country in Mission Plaintiff is in fanned and believes and therefore alleges that Posner knew that she was 22 a minor during the course of their re 1ationship. On Mayl 7, 2016, Posner purchased an airlive ticket 23 for 24 a text message reading, 25 to travel from San Diego to Phoenix, Arizona. was 16 at the time. Posner sent "Bring ur [sic] I.D. I had to put myself down as ur [sic] guardian as ur [sic] srepdad [sicJU Since ur [sic] under 18." 26 27 Posner also sent a message to including her birth date, including her birth year 1999, asking her 28 for confinnation before booking a flight for her, indicating Posner knew her exact age. Complainl for Damages 2 1 2 9. During the course of their relationship, Posner repeatedly sent text messages to which included inappropriate sexual comments. For example, Posner once said, 3 "Miss u (sic] 2. Torture. I am sooo horny. I wantto lick it now", "I wish u [sic] had an id. I would fly u here right now." 4 5 FIRST CAUSE OF ACTION (Rape Against Defendant (Civil Code§ 1708.5)) 6 7 10. Posner intended to, and did, commit sexual battery of 8 ,9 realleges paragraphs 1 through 9. without her consent, by having sexual intercourse and oral sex with s intimate body parts, hundreds of times from 10 August 2015 to July 2017. 11 minor, to consent to the sexual acts. Morever, during all relevant times, Posner exerted undue 12 influence over 13 12. did not or could not consent because she lacked the capacity, as a and was in a position of authority over As a legal result of these rapes, suffered, and will continue to suffer, economic 14 and non-economic damages, including medical expenses, lost wages, lost earning capacity and 15 general damages, including, but not limited to, for emotional distress and mental suffering. 16 17 13. Pos1,1er committed hundreds of instances of sexual battery upon entitling to recover punitive damages under Civil Code § 1708.5(b). 18 SECOND CAUSE OF ACTION (Battery Against Defendant) 19 20 14. rcallages paragraphs I through 13. 21 15. 22 harm or offend her. Posner intended to cause harmful and offensive touchings with the intent to was. harmed and offended by these unlawful touchings, which Posner 23 committed by having sexual intercourse and oral sex with hundreds of times fromAugust2015 24 to July 2017. 25 consent to the sexual acts. Morever, during all relevant times, Posner exerted undue influence over 26 27 28 did not or could not consent because she lacked the capacity, as a minor, to and was in a position of authority over 16. As a legal result of the batteries, suffered, and will continue to suffer, economic and non-economic damages, including medical expenses, lost wages, lost earning capacity and Complaint for Damages 3 general damages, including, but not limited to, for emotional distress and mental suffering. 2 THIRD CAUSE OF ACTION (Intentional lntliction Of Emotional Distress Against Defendant) 3 4 17. s 18. 6 reallcgcs paragraphs 1 through l 6. The conduct of Posner as alleged above was outrageous and Posner intended to cause emotional distress. Alternatively, by doing the things alleged above, Posner al;led with reckless 7 disregard of the probability that 8 emotional dislress as a result of Posner's unlawful acts. 9 19. would suffer emotional distress. in fact suffered severe As a legal result of the Posner's unlawful acts and intentional infliction of emotional s:r. suffered, and will continue to suffer, economic and non-economic damages, including 10 distress, 11 medical expenses, lost wages, lost earning capacity and general damages, including, bul not limited l2 to, for emotional distress and mental suffering. 13 14 REQUEST POR RELIEF THEREFORE, plaintiff requests a judgment against defendant Ronald Posner and Does 15 I through 20, for: 16 a. Past and future economic and non-economic damages, according to proof; 17 b. Punitive damages; 18 C. Attorney's fees and costs of suit; 19 d. Penalties; and 20 C. Any other proper relief. 21 22 Date: October 13, 2017 23 Daniel M. Gilleon, Attorneys for Plaintiff 24 25 26 27 28 Complaint for Damages 4