Burton Vs Brock Pierce
Burton Vs Brock Pierce
YL ROIR:, DEPUTY
3DAC
ALEXANDER BURTON; MARK RYAN;
and MICHAEL E, a minor, by and through
CASE NO.LCOS3
his Guardian ad Liten, BONNIE MOUND, COMPLAINT FOR DAMAGES
Negligence per se, Penal Code
Plaintiffs, section 235
Negligence per se Penal Code
Sections 240, et seq., 2434
and 20l, er seq
28 Californin.
Plaintiff MARK RYAN (hereinaster, RYAN) was at all times herein mentioned, unless
otherwise indicated, an individual residing in the County of Los Angeles, State of California.
PlaintifBONNIE MOUND is the guardian ad literm ofMICHAEL E (hereinafter, MICHAEL
E.), who was at all times berein mentioned, unless otherwise indicated, an individual and a
minor residing in the County of Los Angeles, State of California
Injuries upon which this action is based occured in the County of Los Angeles, State of
7 California
aintifs are ignorant of the true names and capacities of defendans sued herein as DOES
1through 100,inclusive, and ABC cORPORATIONS I through 100, inclusive, and therefore
40 sues these defendants by such fictitious names. Plainuifis will amend this complaint to allege
2 their true nanes and capacities when ascertained.
2 0. Plaintiff is infomed and believes and based thereon allege that defendants COLLINS,
SHACKLEY, and PIERCE at all times material herein mentioned were employees, officers,
directors, managers or otherwise agents of DEN.
Plaintifs are informed and believes that ar all times relevant, each of the defendents is an
gent, servant and employee of the ather, and cach was acting withia the course, scope and
purpose ofsidagency, service and employment with the permission, consent and ratification
2
of cach of the remaining defendants, and the actions of each deendant proximately caused
12. In or around February 1998, DEN was in the business of providing intemet videos, music,
news and entertainment services.
13. In and around February 1998 through September 1999, defendant COLLINS was the co
founder, Chief Executive Offcer and Chaiman of the Board of Directors of DEN.
4. In and around February 1998 through September 1999, defendant SHACKLEY was anoffcer
and/or director and/or employee of DEN.
15. In and around February 1998 through Sepember 1999, defendant PERCE was an officer
and/or director and/or employee of DEN.
16. During the period from February 1998 through September 1999, COLLINS offered
19. Each of the plaintiffs performed services for DEN or on DEN's behalf, inter alia, at the
residence of cOLLINS located at 5255 Encino Avenue, Encino, Califomia and known as
M&CESTATE (hereinafter, M&C ESTATE), and at DEN's offces a 2230 Broadway, Santa
through a Dr. Mobasser, in which to intoxicate, subjugate and/or incapacitate plaintifs, and
for the purpose of further allowing defendants, and each of them, to physically and mentally
abuse plaintifs.
2. Said prescription drugs and/or controlled substunces ineluded, but were not limited to,
Valiun, Vicodin, Xanax, Percocet, marijuana, basbisih, Ecstasy, and Rufinols
BURTON'S ALLEGATIONS
23. On or about July 21, 1999, Plaintiff BURTON responded to an invitaion by defendant
PIERCE to come to the M&C ESTATE.
11 25.
BURTON accepted the offer of employment by DEN and began working for DEN.
12 26. BURTON perfomed bis dunties for DEN st various locations, including DEN's offces in
14 27. while presentat he M&C ESTATE as an employee ofDEN, defendants COLLNS, PIERCE
15 and SHACKLEY made alcohol, marijuana, controlled substances and/or preseription drugs
16 available to BURTON, despite the fact thet BURTON was under 21 years of age.
17228. Further, while present at the M&C ESTATE s an employee of DEN, defendanis COLLNS,
SHACKLEY and PIERCE began to physically and sexualy harass, assault and abuse
BURTON.
20 29. These acts started when defendants COLLINS, SHACKLEY and PIERCE invited BURTON
to join them in their jacuzzi/hot rub,
22 30. Defendants COLLINS, SHACKLEY and PIERCE told BURTON hat he must remove all of
24 31. After entering the hot tub, defendants COLLINS, SHACKLEY and PIERCE touched plaintiff
behind BURTON while COLLINS spoke with BURTON. CoLLINS stated that the ma
standing behind BURTON will kill BURTON by choking him by the neck until he is dead.
cOLLINS further stated to BURTON that the man is waiing for his signal to begin choking
BURTON, and that the signal would be for cOLLINS to raise his arm. In addition to threats
of physical harm, COLLNNS also threatened to use his power and infuence in the
entertainment industry to prevent BURTON from gaining employment in the feld of
2 action against CoLLINS Gr any other defendant. In asdidon, COLLINS told BURTON tha
3 he possessed "2ay-dar" and was able to discern that BURTON was a homosexual and was
abuse, harasSment and assault. These acts of sexusl abuse included repeated acts of oral
copulation, wherein BURTON ws forced to orally copulate defendants cOLLINS,
SHACKLEY and PIERCE, and sodomy, which BURTON was subjected to anal intereourse
with cOLLINS wherein COLLNS would threaten BURTONwith death, injury. physical and
23 economic harm should he resist or report the physical and sexual abuse, harassment and
24 assaults.
37. In addition, and as part of this patern of abuseand assaults, BURTON was routinely offered
alcohol, marijuana, preseription drugs, and/or controlled substances so as to physicaly and
emotionally debilitate or incapacitate him and so as to allow defendants and each of them to
RYAN'S ALLEGATIONS
8. In or about July 1999, RYAN was invited by Plaintiff MICHAEL E. to join him at a parry
with DEN.
40. RYAN accepted the offer of employmeat by DEN and began working for DEN
3 41. RYAN performed his duries for DEN at various locations, including DEN's offices in Santa
Monica and at the Ma&C ESTATE.
12 available to RYAN, despite thbe fact thar RYAN was under 21 years ofage.
13 43. On one occasion, in or abou September, 199, when RYAN was present at the M&C
14 ESTATE along with defendants COLLINS, SHACKLEY and PIERCE, COLLNS solicited
17 45. Upon RYAN's refusal to engage in homosexual acts with COLLNS, COLLINS threatened
19 46. Thereaster, on that same oceasion, COLLINS obtained a dnug known as "Ecstasy" from
20 defendant PIERCE and, without RYAN's knowledge or consent, mixed this drug along with
naked. COLLNS was naked as well, and was Iying with one arm around RYAN.
25 49. 0n information and belief, RYAN was subjected to oraland/or anal intercourse while RYAN
was rendered unconscious by a combination of alcohol and drugs which were served to him
2. These homosexual acts as hereinabove alleged were performed without the consent of
MICHAEL E. and through defendants', and each of them, use of force or threat of the use of
foree, as well as causing MCHAEL E. to ingest alcohol, marijuana, prescription drugs, and
10 controlled substances.
11 63. As part of this pamern of abuse and assaults, MICHAEL E. was routinely subjected to
12 sesions with COLLINS wherein COLLINS would thresten MICHAELE. with death, injuy,
13 physical and economie harm should he resist or report the physical and sexual abuse,
21 as defined in Penal Code section 236, with respect to plainiffs and each of them.
22 66. At all times relevant, Defendants COLLINS, SHACKLEY, PIERCE, DEN and DOES1
through 100 and ABC CORPORATIONSI through 100, aided, abened paricipated and/or
conspired with Defendants, and each of them, to commit acts of false imprisonment, as
defined in Penal Code section 236, with respect to plaintifs, and each of them.
67. Defendats COLLINS, SHACKLEY, PIERCE, DEN and DOES I through 100 and ABC
conspiring to commit acts of false imprisoament, violated their dury of care with respect to
8
Complaint for Damages
JUN. 26. e l 3:53PM ODONNELL AND SHAEFFER LLP NO.bbl P.16
plaintiffs, and each of them, such violation causing plaintifß, and each ofthem. physical and
emodional ham, including but not limited to psychological injuy and illnes, pain and
suffering. medical expenses, diminished enjoyment of life. lost wages, and lost carmings
capacity in an amount according to proof at time of trial.
68. n doing the acts complained of, defendants, and each of them, acted with oppression, fraud
or malice towards plainifs, and each of them. Defendants, and each of them, by the acts
alleged in this complaint, intended to cause injury to the plaintiff and engaged in despicable
conduet with a wilfl and conscious disregard for the rights of plainifis, and each of them.
Defendants, and each of thenm, furber engaged in despicable conduct which subjected
plaintiffs, and each of them, to cruel and unjust hardship in conseious disregard of plaintif
rights. Because of the egregious conduct of the defendants, and each of them, as herein
2 alleged, plaintiffs, and each of them, are entitled to and do hereby demand punitive and
exemplary damages in an amount to be shown at time of trial sufficient to punish and deter
said defendants from so acting in the future.
SECOND CAUSE OF ACTION
NEGLIGENCE PER SE - Aainst all Defeadants
19 69. Plaintiffrepeats and realleges each end every allegation contained in paragraphs 1through 68
20 of the Complaint as if fally set forth herein at length.
21 70. Defendants COLLINS, SHACKLEY, and PIERCE commited acts of Assaultas defined in
22 Penal Code section 240, with respect to plaintiffs and each of them.
23 71. Defendants COLLINS, SHACKLEY, and PIERCE commined acts of sexual batery as
defined in Penal Code section 243.4, with respect to plaintiffs and each of them.
72. Defendants COLLINS, SHACKLEY, and PIERCE committed actsofrape as defined in Penal
Code section 261, et seq, with respect to plaintiffs and each of them.
27 73. At all times relevant, Defendants COLLINS, SHACKLEY, PIERCE , DEN and DOES 1
28 through 100 and ABC CORPORATIONS 1 through 100, aided, abetted, participated and/or
conspired with Defendants, and each of them, to commit acts of assault, and/or sexual bauery
and/or rape, as defined in Penal Code sections 240, 243.3. and 261, et seq, with respect to
plaiauiff, and each of them.
14. Defendants cOLLINS, SHACKLEY, PIERCE, DEN and DOES I through 100 and ABC
CORPORATIONS 1 through 100, in commititing, or aiding, abetting, participating andor
conspiring to commit acts of assault, and/or sexual battery and/or rape, violated their duty of
care with respect to plaintiffs, and cach of them, such violation causing plaintiffs, and each
of them, physical and emotional harm, including but not limited to psychological injury and
lloess, pain and suffering, medical expenses, diminished enjoyment of life, lost wages, and
10 tost earaings capaciry in an amount acording to proof at time of rial.
11 75. In doing the acts complained of, defendants, and each of them, acted with oppression, fraud
2 or malice towards plaintiffs, and each of them. Defendants, and each of them, by the acts
13 alleged in this complaint, intended to cause injury to the plaintiff and engeged in despicable
4 conduct with a wilful and conscious disregard for the rights of plaintifs, and each of them.
Defendants, and each of them, further engaged in despicable conduet which subjected
6 plaintiffs, and each of them, to cruel and unjust hardship in conscious disregard of plainti
17 rights. Because of the egregious conduct of the defendants, and each of them, as herein
8 alleged, plaintiffs, and each of them, are entitled to and do hereby demand punitive and
exemplary damages in an amount to be shown at time of trial sufficient to punish and deter
said defendants from so acting in the future.
THIRD CAUSE OF ACTION
10-
Complaint for Damages
JUN. 26. H O l 3 i 5 4 P 1 ODUNNELL HNU SHHtR L
At all times relevant, Defendant SHACKLEY was an adult over the age of 21.
0. ar all times relevant, Defendant PIERCE was an adult over the age of 18.
81. Defendants COLLINS, SEACKLEY and PIERCE commirted acts of Unlawful Sexua
Intereourse as defined in Penal Code section 261.5 with respect to plainiff Michael E
82. Defendants COLLINS, SHACKLEY and PIERCE commirted acts of Oral Copulation with
minor as defined in Penal Code section 288a with respect to plaintiff MICHAEL E.
33. Defendants COLLINS, SHACKLEY, PIERCE, DEN and DOES I through 100 and ABC
cORPORATIONS 1 through 100, aided, abered, participated and/or conspired with
Defendànts, and eachofthem, through the useofforce, and/or fear ifimmediate and unlawfu
10 bodily injury, and/or by threats of future retaliation against Plaintiff Michael E., the
commission of acts of Oral Copulation witha minor as defined in Penal Code section 288a
with respect to plaintiff Michael E.
13 84. Defendants COLLNS, SHACKLEY and PIERCE commited acts of Sodomy with &minor
4 as defined in Penal Code section 288.2 with respeet to plaintiff Michael E.
15 35. Defendants CoLLINS, SHACKLEY, PIERCE, DEN and DOES 1 through 100 and ABC
CORPORATIONS I through 100, aided, abetted, paricipated and/or conspired with
Defendants, and each of them through the use of force, and/or fear if immediate and unlawful
8 bodily injury. and/or by threats of future retaliation against Plaintiff Michael E., the
9 ommission of acts of Sodomy with a minor as defined in Pena! Code section 288.2 with
21 s6. Defendants COLLINS, SHACKLEY, PIERCE, DEN and DOES I through 100 and ABC
22 CORPORATIiONS I through 100, in commiring, or aiding. abeting, paricipating andlor
23 conspiring to commit acts of oral copulation and sodomy ofa minor, violated their duty of
4 care with respect to plainif MICHEL E, such violation causing plaintiff MICHAEL E,
physical and emotional harm, including but not limited to psychological injury and illnes,
26 pain and suffering, medical expenses, diminished enjoyment of life, lost wages, and lost
27 eamings capacity.
28 87. In doing the acts complained of, defendants, and each of them, acted with oppression, freud
11
Complaint for Damages
JUN. 26.2o01 3:54PM ODONELL AND H FFER LLP NO,61 P.13
or malice towards plaintiff MICHAEL E., defendants, and each of them, by the acts alleged
in this complaint, intended to cause injury to plaintiffMICHAEL E and engaged in despicable
conduct with a wiilfl and conscious disregard for the rights of plainiff MICHAELE
Defendants, and each of them, further engaged in despicable conduct which subjected
plaintifs, and each of them, to cruel and unjust hardship in conscious disregard of plainniff
MICHAELE'srights. Because of the egregious conductof the defendants, and each of them.
as herein alleged, plaintiff MICHAEL E. is entitled to and does hereby demand punitive and
exemplary damages in an amount to be shown at time of rial sufficient to punish and deter
the commission of acts of false imprisonment, assault, sexual barery and rape with respect
26 conduct with a willful and conscious disregard for the rights of plaintiífs, and each of them.
Defendants, and each of them, furher engaged in despicable conduet which subjectad
plaintifs, and cach ofthem, to cruel and unjust hardship in conscious disregard of plainriff
plaintifT's supervisors and accordingly. defendant DEN is stricely liable for the sexual
115. At all times relevant hereto, Defendants, and eachof them, commited a wilftul, harmful,
and/or offensive non-consensual touching of plaintifs, and each of them.
10 116. Asa direct and legal result of cach of Defendants' assault and battery against Plaintiff, and
cach of them, Plaintifs, and each of them, have sustained and coninue to sustain physical,
12 psychological, emotional, economie and general damages in an amount sccording to prbofat
time of trial.
117. Ia dong he acts complained of. defendants, and eachof them, acted with oppresion, fraud
or malice towards plaintifs, and each of them. Defendants, and each of them, by the acts
alleged in this complaint, intended 1o cause injury to the plaintiffand engaged in despicable
17 conduct with a willful and conscious disregard for the rights of plaintits, and each of them.
Defendants, and each of them, Aurther engaged in despicable conduct which subjected
plaianif9s, and each of them, to crucl and unjust hardship in conscious disregrd of plaintis
20 rights. Because of the egregious conduct of the defendants, and each of them, as herein
21 alleged. plainufs, and each of them, are entitled to and do hereby demand punitive and
22 exemplary damages in an amount to be shown at time of tral sufficient to punish and deter
were the legal cause of danages to Plaintiffß, and each of them, occured, inter alia, at the
premises known as M&C ESTATE.
120. Plaintiffs, and each of them, furcher allege that the defeadants cOLLINS and SHACKLEY
and DOES 1 to 100 and ABC CORPORATIONS I to 100, negligently ownaed, maintained,
managed and operated the premises known as M&C ESTATE, such that plaintiff, and
each of them, were subjected to false imprisonment, sexual assault, assault, battery, rape,
26 DANTELJ. CHEREN
iorney forE.Plaintiffs BURTON, RYAN and
MICHAEL
VERIFICATION
LALEXANDER BURTON, a plaintiff in this action have read the foregoing complaint and know
as to those maters which are
the contents thereof. The same
is true of my own knowledge, except
under the laws of the State of California that the foregoing is true
Ideclare
and corec.
under penalty of perjury
Encino, Califormia.
Executed thisday of July, 2000 at
ACEXANDER BURTON
have read the foregoing complaint and know the contents
11,MARK RYAN, a plaintiff in this action
to those matters which are therein stated
of my own knowledge, except
as
12 thereof. The same is true
Encino, California.
Exeeuted thisday of July, 2000 at
16
18 MARKRYAN
litem of MCHAEL E.
28
30m9es
Complaint for Damages
JUN.25.2e01 3:59PM ODonELL AND SREFFER LLP NO.8
AntrusuTrade Reg.
AB003 AnlitrustTrade Regulaton 1.,2,.
982.2(b1)A 7C134 CIML CASE COVER SHEET ADDENDUM LASC Rule 2.Kd)
AI00 CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO DISTRICT
O.B61
MICHAEL E.
cONSENT OF PROPOSED GUARDIAN, tor minor 14 or older.
declare under penaty of perjury under the laws of the State of Califomia that the foregoing is true:
A. Iconsent to the appointment of myself as guardian ad term tor
iCRA AME OF MVOK
in this action.
B. Ihave no interest adverse to the interest of the minor.
C. This declaration is executed this date: uly 18 2680
114 PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM, AND ORDER CCP 373
JUN. cb. Si>m UUNNELL AND
SHEht tR LLP NU.bb P.e
BORTON V.
COLLINS-RECTOR, al
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R100 CERTIFICATE OF GROUNDS FOR ASsiGNMENT To DISTRICT