3 4Pm ODUNEL

LAW OFFCES OF CHEREN AND ASSOCLATES

DANIELJ. CHIDREN, ESQ. (SBN 175475)
15915 Vennura Blvd., Penthouse 2
Epcino, Ca 436
FILETD
LOS ANGELES SUFERIOR COURT
1R1 990-7700
Telephone:(818) 990-71700
Facsinlle: 818) 990-9888 JUL 20 2000
Plaintiffs, BURTON, et a. JOHN A CLAgKE. CLER
Attormey for

YL ROIR:, DEPUTY

SUPERIOR cOURT OF THE STATE OF CALIFORNIA

FOR THE CoUNTY OF LOS ANGELES

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

Nggence perse, Penal Code

Sections 288a, 288.2 and
6MARC COLLINS-RECTOR CHAD 261.5
SHACKLEY;BROCKPLERCE; DIGITAL Negligence
Intentional Infliction of
ENTERTANMENT NETWORK,INC.;
DOES I hrough 100, inclusive; ABC Emotional Distress
CORPORATIÓNS 1 through 100, inclusive, 6. Employment discrimination
and harasment in violation of
the Fair Employment and
Defendants. Housing ACE
7. Sexual orientation
Discriminarion
Assault and Battery
9. Premises Liability

NOW COME PLAINTIFFS and allege as follow

INTRODUCTORY ALLEGATIONS

26 Plaintiff ALEXANDER BURTON (hereinafter, BURTON) was at all times hberemganed

unless otherwise indicated, an individual residing in the County of Los Anglese
S of
27

28 Californin.

Complaint for Damages

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ODONNELL S*tER

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

4 Defendant MARC COLLINS-RECTOR (hereinafter, "COLLINS") was, at all times relevant

hereto a resident of 5255 Encino Avenue, Encino, Los Angeles County, Califomia.
Defendant CHAD SHACKLEY (hereinafter, "SHACKLEY")was, at al times relevant hereto
aresident of $255 Encino Avenue, Encino, Los Angeles County, Califomia.
6. Defendant BROCK PIERCE Chereinaster, "PIERCE") was, a all times relevant ereto a

resident of 5255 Encino Avenue, Encino, Los Angeles County, Califomia

2 7 Defendant DIaITAL ENTERTAINMENT NETWORK, NC. (hereinafter, "DEN") was, at
all times relevant hereto a corporation organized and existing under the lawsof the State of
Delavare, with aprineipal place ofbusinessat 2230 Broadway, Santa Moniea, County ofLos
Angeles, 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

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CO GOOL T

Plaintifis' damages as herein alleged.

cOMMON ALLEGATIONS

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

2 employment by DEN to plaintíffs and each of them.

17. Each of he plainiffs accepted said offer of employment by DEN
18. Each of the plaintifßs entered into the employrment by DEN and received remuneraion from
DEN for services performed by plaintiffs for DEN or on DEN's behals.

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

Monica, Calitomia (hereinafter, DEN'S OFFICE)

20 20. During the course of plaimiífs" employment by Defendants DEN, COLLINS, SHACKLEY
2 and/or PIERCE, Defendants COLLINS, SHACKLEY and/or PIERCE, on mumerous and
repeated occasions as further described hereinbelow, sexually and physically assaulted

plaintifs, forced plainiffs through coercion or subversion to consume controlled substances

and/or preseriptiori drugs, threatened plaintiffs with physical injury end economic harm, all
with the intent to humiliate plaintifs and subjugate them to their will.
26 21. Throughour the period from February 1998 through September 1999, and thereater,
7 Defendants COLLNS, SHACKLEY, and PIERCE on repeated occasions provided alcohol,
conrolled substances and/or prescription drugs, some of which were unlawfully obrained

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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.

24 BURTON met defendants COLLINS, PIERCE aad SHACKLEY. Defendant COLLINS

acting on the actual or ostensive authority of DEN, offered BURTON employment with DEN.
10

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

Santa Monica and at the M&C ESTATE.

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

23 his clothes, including undergarmenis, be fore entering the bot nub.

24 31. After entering the hot tub, defendants COLLINS, SHACKLEY and PIERCE touched plaintiff

25 BURTON Gn his genitals, without BURTON's invitation or consent

26 32. BURTON attermpted to leave the hot nub, and was physicaly restrained by defendants

27 cOLLINS, SHACKLEY and PIERCE.

33. Thereafier, COLLINS condinued to touch BURTON's genitals and masturbate himself, while

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BURTON was being restrained by SHACKLEY and PIERCE

34. Thereafter, COLLINS took BURTON aside, and showed BURTON his collection offireams.
cOLLINS then demanded that BURTON enter into a room with another man. The man stood

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

entertainment. Over the course of l 1o 2 hours, COLLINS continued to threaten BURTON

with physical and economic harm should BURTON anempt to leave COLLINS, or take any

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

desirous of homosexuel sex.

35. Thereafter and continuing until May, 2000. BURTON's movements were restricted by
defendants, and each of them. BURTON was subjected to continued physical and sexual

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

20 by defendants cOLLINS, SHACKLEY andPIERCE

36. As part of this pattern of abuse and assaults, BURTON was routinely subjected to sessions

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

28 continue this panem of abuse and assaults.

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JUN.6. 001 3c ULLNELL. Ek

RYAN'S ALLEGATIONS
8. In or about July 1999, RYAN was invited by Plaintiff MICHAEL E. to join him at a parry

which took place at the M&C ESTATE.

9. On that occasion, RYAN merdefendants COLLINS, PIERCE and SHACKLEY. Defendant

COLLINS acting on the actual or ostensive authority of DEN, offered RYAN employment

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.

10 42 While present at the MaCESTATE LS an employeeof DEN,defendants COLLNS, PIERCE

and SHACKLEY made alcobol, marijuana, controlled substances and/or prescription drugs

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

15 sex from RYAN.

16444. RYAN refused to engage in homosexual acts with COLLINS.

17 45. Upon RYAN's refusal to engage in homosexual acts with COLLNS, COLLINS threatened

18 to fire RYAN from DEN.

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

21 other drugs into an alcoholic drinak which he then served to RYAN.

22 47. RYANdrank the alcoholic drink containing"Eestasy"and other drugs and lost consciousness.
23 48. RYAN regained consciousnessthe next moming,whereupon he found bimselfin cOLLINS
bedroom, in COLLINS bed widh COLLINS. RYAN's clothes had been removed, and he was

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

28 by COLLINS, SHACKLEY, and PIERCE.

Complaint for Damages

 manipulationby MICHAELE. of the genitalsofCOLLINS, SHACKLEY and PIERCE, oral
copulation by MICHAEL E. of defendans COLLINS, SHACKLEY and PIERCE, aad anal
intercourse performed on MICHAELE. bydefendants COLLINS, SHACKLEY and PIERCE.
61. MICHAEL E. was subjected to each of these homosexual acts on muliple occasions from
June 1998 through approxim.ately March 2000, both while MICHABLE. Was under 16 years
of age, and under 18 years of ag.

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,

harassment and assaults.

FRST CAUSE OF ACTION
NECLIGENCE PER SE -Arainst al Defendants
Violatlon of Penal Code 236, False Imprisconment
18 64. Plainiffrepeats and realleges cach and every allegation contained in paragraphs 1 through 63

19 of the Complaint as if fally set forth herein at length.

20 65. Defendants COLLINS, SHACKLEY, and PIERCE commirted acts of False Imprisonment,

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

CORPORATIONS I through 100, in commiting, or aiding, abetting, participating andor

conspiring to commit acts of false imprisoament, violated their dury of care with respect to

8
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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

7 Vlolation of Penal Code 240, et seq, Assault

Violation of Penal Code 243.4 Sexual Battery
Violatlon of Penal Code 261, et seq. Rape

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

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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

22 NEGLICENCE PER SE- By Plaintif Michsel E. Against all Defendants

Violation
Vlolatlon of PenalCode 288a-Oral
of Penal Code Copulation
288.2-Sodomy with a minor
ofaminor
Violation of Penal Code 261.5-Uulawful Sexual Intereourse
76. PlainifMichoel E. repeats and realleges each end every allegation contained in paragraphs
1 through 75 of the Complaint as if fully set forth herein at length.
27 17. Atall times relevant, Michael E. was a minor under the age of 18.
28 78. Atall times relevant, Defendant COLLIN was an adult aged 35 years or older.

10-
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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

20 respect to plaintiff Michaæel E.

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
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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

said defendants from so acting in the funure

FOURTH CAUSE OF ACTION
NEGLIGENCE
Plaintiffs, and each of them, repeat and reallege each and every allegation contained in
paragraphs 1 through 87 of the Complaint as if Aully set forth herein at length.
89. Defendants COLLINS, SHACKLEY, PIERCE, DEN, DOES 1 through 100, and ABC
CORPORATIONS 1 through 100, each commited acts and/or conspired, aided and abetted

the commission of acts of false imprisonment, assault, sexual barery and rape with respect

to pleintiffs, and each of them.

90. In commiring the actions alleged herein in this Coomplaint, Defendants, and each of them,
breached their duty of care owed by each of them to Plainiffs, and each of them.
20 91. As a direct and legal result of these breaches of the duryof care by Defendants, and each of
them, Plaintiffs, and each of them, have sustained and continue to sustain physical,

psychological, emotional, economic and general damages.

In doing the acts complained of, defendants, and each of them, acted with oppression, fraud
or malice towards plaintiffs, 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

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

Complaint for Damages

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plaintifT's supervisors and accordingly. defendant DEN is stricely liable for the sexual

harassnent perpetrated by these individual defendants pursuant to Govemment Code section

12940(a), et seq.
EICHTH CAUSE OF ACTION
ASSAULT AND BATTERY
114. Plaintifs, and each of them, repeat and reallege each and every alegation contained in
paragraphs 1 through 113 of the Complaint as iffally set forth herein at length

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

25 said defendants from so acting in the future.

2 NINTH CAUSE OF ACTION

25 PREMISES LIABILITY
26 118. Plaintiffs, and each of them, repeat and reallege each and every allegation contained in
27 paragraphs 1 through 116 of the Complaint as if fully set forh herein at length.
28 119. Plainifs, and each of them, allege that the acts ofdefendants, and each of them which

Complaint for Damages

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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,

harassment, and other offenses as hereinabove alleged.

121. Defendants COLLINS andor SHACKLEY's actions, and failures to aet with respect to the
ownership, operation end management of the M&C ESTATE was a breach of the duties
10 owed by them to plainiffs and each of them
11122. Asa proximate legalresult of Defendants COLLINS and/or SHACKLEY'sbreach of
duties owed by them to plaintifs, and each of them, plaintiffs, and each of them, have
sustained and continue to sustain physical, psychological, emotional, economic and
general damages in an amount according to proof at time of trial.

16 WHEREFORE Plaintifs prayjudgment as follows:

1. For general, special and compensatory damages as alleged in each of said causes of action

18 in an amount according to proof at time of trial;

19 2. For punitive and exemplary damages as alleged in ecach of said causes of action in an
20 amount according to proofat time of trial;
For reasonable attoroey's fees;
For costs of suit incuned; and
5. For such other and further relief as the court may deem proper.
DATED: July 19, 2000 CyEREYAND ASSOCIATES

26 DANTELJ. CHEREN
iorney forE.Plaintiffs BURTON, RYAN and
MICHAEL

Complaint for Damages

JUN. Cb.c1 >EH ULUNELL HU SHHtR LLL

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

those marters, I believe it to be true.

4 therein stated on information and belief, and as to

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

13 on information and belief, and as to those matters, I believe it to be true.

under the laws of the Stete of Califormia that the foregoing is true
141declare under penalty of perjury
a n d cotecCL.

Encino, California.
Exeeuted thisday of July, 2000 at

16

18 MARKRYAN

19 L BONNIE MOUND. guardian ad litem of MICHAEL E., a

plaintiff in this action have read the
thereof. The same is true of my own knowledge, except
20 foregoing complaint and know the contents
those matters, I
stated on infomation and belief. and
as to
21 as to those matters which are therein
22 believe it to be true.
the foregoing is true
under the laws of the State of Califormia that
I
declare under penaly of perjury
and corect.

Executed thisday of July, 2000 at Encino, Califormia.

25

27BONNIE MOUND, guardianad

"

litem of MCHAEL E.
28

30m9es
Complaint for Damages
JUN.25.2e01 3:59PM ODonELL AND SREFFER LLP NO.8

avoT TTE BURTON . coLL..S-RECTOR, et al MASD ices303,

CivH Cese cover

Sneet t g o y No.
(c Aetion
(Check ony one)
Applicable Reasons

LA151 W-Administratve Mandamus 2,8.

Wit of Mandate
AB152 Wrt-Mandamus on Limted Cout Case Mater 2.

AG153 Writ Other LUmited Court Case Raview

Oth. Jud. Reviey (39) LAS150 Other WrUJudicial Review

AntrusuTrade Reg.
AB003 AnlitrustTrade Regulaton 1.,2,.

CravedonDeleet(10) AdO07 Consbruction defecz . 2. 3

Cim, Inv. Mass Tort (40 A 6 o 0 Cieims Invoving Mass Tot

| Secumbes Ui (28) A6035 Securties Ligalion Cane

1.2,8.
Tox. TorvEniranim (30)
AG058 Tene TonEvifonmental 1,2, 3..
Ins Covrage Cims from L A 0 1 4 Inguranoe Coverega/Subrogation (campler case on 1., 2, ,
omplex gse (40)

A141 Sister State Judgmet 29.

Enforcement
A6160 Abstrectof Judgment 2.6.
o Judgmet
AB107 Canfesslon of Judgment (non-domestic relations) 2.. 9.

A6140 Administrative Aganey Awerd (not unpeid taAs) 2.8.

A6114 PebbioNCentieate for Enty of Jvegmeant on Unpud Taz 28
AG112 Other Enorcamen of Judgment Ces 2.,9.

RICO (27) A6033 Rackeleering Case 1. 2.8.

A6030 Decanioy Raie!Only
OUher Complaints:
(Not Specihed Above) ABO40 Injunctve Relef Only (not demeetcharasament) 2,8
(42)
ABO11 Oher Commercal Compleint Case (non-lorunon-complex)
1,2.8
A$0OD ONer CM Complaim (non-orvinon-Omplex 2,8,

A G 1 1 3 Partnenhio and Corporate Govemance Case 2...

Prthrshpcp Gov.(21)
A6121 CiWorkplace Harassment 23,9
A6100 Election Conlest 2.

Other Peitions AS110 Pebion for Change of Name 2.7.

(Nol Spacifhed Above)
AS170 Petition tor Relet fram Late Clain La 2.,

A6100 Other Cv Petiion 2. 9.

982.2(b1)A 7C134 CIML CASE COVER SHEET ADDENDUM LASC Rule 2.Kd)
AI00 CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO DISTRICT
 O.B61

AME,ADORES8 AND TELEPHONE NUMBER FILE STAMP

DFATTORN .
Daniel J. Cheren (SBN: 175475)
CHEREN & ASSOCTATES
15915 Ventura Blvd., PH2
LED
LOS ANCELES SPRDA CUR
Encino, CA 914366
18)90-7700
JUL 30 0
FAX: (818) 990-9888 JOHi A. CLAAKE, CLEAK
Attomey(s) For Plaintif£s

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGLES

ALERANDER BURTON ARK RYANI nad AllCHAEL E.. Miner, CASE NUMBER
yDnd hroth dis Guardian #d Lite BONIE MOUND.
Piaias, LCOS3103
MARC COLLINS-RECTOR:
DIGITAL ENTERTAINSMENTCHADSHACKLEY:
NETWORK, INC: BROCK PIERCE100,
DOES I threugh
ineluslve: and ABC CORPORATIONS 1 through 100, Inclusive. PETITIONFOR APPOINTMENT
OF GUARDIAN AD
Defendanis.
LITEM,
AND ORDER

PETITION BY MINOR (If minor is 14 years or older).

declare under penalty of perjury under the laws
ofthe State of Califomla thet the fllowing istrue
A. I am the plaintff defendant in the above-entitled actlon.
B. lama minor of the age of 1 years, having been born on
AuGHA 2,1982
(aIRTNDATE

C. Appointment of a guardian ad litem s necessary because I have no general quardian.

D. RONNIE MOUND - is my Morhaz
(NAME OF PAOPOSUD GUARDIAN (PARENTIRELATMEFRIEND)
E. Therefore. I requestthataONNTEAME
NOUND be appointed guardian ad litem
for me in this action. PROPOS
ED QUAROIAN)
OF

Thi's declaratlon ls executed this date:July 18

F.
2000
(SGNATURE OF MIC PEmONER)

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

(SIGNATURE oRPAOPOSED GUAROU

(OvER)
BONNTE MOUND

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
awONT Tm& et

LCCS3103
CIVIL CASE COVERSHEET ADDENDUM
CERTIFICATE OFGROUNDS FOR ASSIGNMENT TODISTRICT
This form isrequiredIn all newclvillcasefilngs inthe Los AngelesSuperiorCourt
L. Check the ypes of hearing and fll n the estimated length of hearing expected for this case
JURY OR NONJUAY AND CASS ACTION?vEs NO TIME ESTIMATED FOR TAAL14HoURs 0AYS
l. Select the corect district(4 steps6
1 Ater irst completng the Civ Gase cover Siheet Fom, find the main cMil case cover sheet heading for your case in
the left margln below, and, to the rght in Column 1, the CiMI Case Cover Sheet case ype you selected,
2 Check one superior Court bype of action in Column 2 whlech best describes the nature of this case.

3 In Column3below, circlethe reasonfor yourchoiceof districtthatapples to the typeof action you havechecked.
Applleable Resonefor ChoosingDletrict(See Column 3below
1 ClassAcdons must be ed n Central Disuret. 5. Dsunicwhere properyis bcated.
2Maybeled inCentreNonpooukocouny PUPO)
3.Distrct wher cause of action ares4. snia wher defendandrespandent uncons wholy dherein.
ce nprnssy ricui 10 Oce localed.
informat itan e
4FI in the
SFILin thainformationreauested.gn.page4in rem lIE compleletem iyign thecertifieate
P Ppicable Reasons
Sheet calegory No. (Check ony one
Deu 1,2,.
Aute (22)
A7100 Motar VehidePorsonalInjuryPr9perty Dam Wrengtu
5 thisBn unihsured molorst case?
LNo

Asbestos ( AB070 Asbestos Propertymage

A7221 Asbestasl-Personal InjuyWrongiul Deat
Product LiabHiy (24)
A7260 Product Liabiüly (not asbestos or toxio'environmental)
1.23.4,8.
Medical Malpractca (45) 1,24.
AT210 MedicalMapractica-Physloans &Surgaona
Other P/POwD (23) A7250 Premises Liabily (0.9, sip and a 1., 2 . .

XAT230 Inenional PUPDWD (eg. ssaut, vandalgm, etc-) 2

AT220 OherPersonalInjuryPropety Dam.WrongfulDeh 12,4

8usiness Ton (07) AS029 Other Commerclal/Business Tort (not traudbreach of contract) ,2.3.

CM Rights (06) A8QO5 Ciil Righs

Defamaton (13)
A6O10 Defamaton(alandernbel) 1..2.3.

Fravd (1)
AB013 Fraud (no contracx) 1, 2, 3 , .

Intellectuat Propary (19) UA6O16 IntalectvalProperty 2.3.

A7240 Other Profeselonal Hoalth Care Mabrectoe 1,23.

Prol. Nagrgence
(25)
AB017 Legal Malpracce
ASOS0 Oter Professional Malpractioe (not medieal or legel) T., 2., 3.

982.2(5X1JA 7C14 CML CASE COVER SHEET ADDENDUM LASC Rule 2.0(0)
Page 1 of page
R100 CERTIFICATE OF GROUNDS FOR ASsiGNMENT To DISTRICT