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Esme Bianco - Brian Warner - Proposed Second Amended Complaint
Esme Bianco - Brian Warner - Proposed Second Amended Complaint
EXHIBIT A
Case 2:21-cv-03677-FLA-MAR Document 35-2 Filed 04/27/22 Page 2 of 15 Page ID #:290
18 Plaintiff’s claims against BRIAN WARNER a/k/a MARILYN MANSON, individually (“Mr.
19 Warner”), MARILYN MANSON RECORDS, INC., individually (“Marilyn Manson Records” and,
20 together with Mr. Warner, “Defendants). Plaintiff demands a trial by jury.
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INTRODUCTION
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2. This is an action brought by Plaintiff seeking damages from Defendants for sexual assault,
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sexual battery, tortious interference, and/or violations of the Trafficking Victims Protection
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25 Reauthorization Act, and any other cause(s) of action that can be inferred from the facts set forth
26 herein.
27 3. Mr. Warner is a recording artist based in Los Angeles, California.
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1 SECOND AMENDED
COMPLAINT
Case 2:21-cv-03677-FLA-MAR Document 35-2 Filed 04/27/22 Page 3 of 15 Page ID #:291
1 4. Ms. Bianco is an internationally-acclaimed actress and performer, best-known for her role
2 as “Ros” in the Emmy Award-winning show, Game of Thrones.
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5. Plaintiff alleges that she is entitled to recover general damages, special damages, and
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punitive damages, as well as such other and further relief as this Court finds necessary and proper.
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JURISDICTION AND VENUE
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7 6. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331, which confers
8 original jurisdiction upon this Court for actions arising under the laws of the United States. This
9 Court also has jurisdiction over this action pursuant to 28 U.S.C. § 1367, which confers
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supplemental jurisdiction upon this Court for all other claims that are so related to claims in the
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action within such original jurisdiction that they form part of the same case or controversy under
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Article III of the United States Constitution.
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7. Venue is also proper in this Court pursuant to 28 U.S.C. § 1391(b) because Defendants
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15 maintain offices, conduct business, and reside in this District.
16 PARTIES
17 8. Defendant BRIAN WARNER a/k/a MARILYN MANSON is an individual who lives in
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Los Angeles, California.
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9. Defendant MARILYN MANSON RECORDS, INC is a privately held corporation with its
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principal place of business located in Los Angeles, California.
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22 10. Plaintiff ESMÉ BIANCO is a person who has been aggrieved by Defendants’ actions. She
23 is a citizen of the United States of America and is a resident of the state of California.
24 STATEMENT OF FACTS
25 11. In or around 1999, Marilyn Manson Records was founded by Mr. Warner. Mr. Warner
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served as a musician and CEO of the record label. To help oversee the record label, Mr. Warner
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2 SECOND AMENDED
COMPLAINT
Case 2:21-cv-03677-FLA-MAR Document 35-2 Filed 04/27/22 Page 4 of 15 Page ID #:292
1 employed staff to facilitate both personal and professional ventures. As Mr. Warner’s reputation
2 within the entertainment industry grew, so too did the stature of Marilyn Manson Records.
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12. Ms. Bianco was introduced to Mr. Warner in 2005 through his then-fiancée. Mr. Warner
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expressed an interest in casting Ms. Bianco, who was beginning her acting career, in an upcoming
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film project. Over the next few years, the film project continued to be delayed, but Mr. Warner
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7 remained in touch with Ms. Bianco. Mr. Warned floated other projects for Ms. Bianco, but none
8 materialized. Mr. Warner would meet with Ms. Bianco when he visited the United Kingdom for
16 Bianco understood this to be a professional project that would be publicly released after being
17 filmed on Flip cameras by Mr. Warner himself. Upon arrival, Ms. Bianco found that there was no
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crew present and that she was expected to stay at Mr. Warner’s home rather than in the hotel that
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had been previously booked. Throughout this shoot, Ms. Bianco was expected to be on-call 24/7
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and as a result was subjected to sleep deprivation. She was told to wear lingerie as her “costume”
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22 for the video. She was not provided food during the four days she spent in Los Angeles, but was
24 15. In addition to these deprivations, Ms. Bianco was threatened and physically beaten
25 by Mr. Warner. Mr. Warner repeatedly told Ms. Bianco that he would come to her room and rape
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her during the night. He threw tantrums where he would destroy camera equipment and throw
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objects around the room. He forced Ms. Bianco to watch an extremely violent movie that caused
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3 SECOND AMENDED
COMPLAINT
Case 2:21-cv-03677-FLA-MAR Document 35-2 Filed 04/27/22 Page 5 of 15 Page ID #:293
1 her to faint. He attempted to force her to perform sexual acts on camera with another woman who
2 was present throughout the shoot. Perhaps most horrifyingly, Mr. Warner locked Ms. Bianco in the
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bedroom, tied her to a prayer kneeler, and beat her with a whip that Mr. Warner said was utilized
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by the Nazis. He also electrocuted her.
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16. Ms. Bianco believed that if she protested any of this treatment, she would be seen
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7 as unprofessional and barred from future professional opportunities—or worse, that Mr. Warner
8 would continue to harm her. Plaintiff has never seen any footage from this shoot and, upon
16 Warner bruised and bit Ms. Bianco and publicly groped her against her consent. He enforced a
17 “dress code” for Ms. Bianco during this trip and forced her to sit at his feet during press visits. He
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verbally degraded her during interviews. He also attempted to bring a minor back to the hotel with
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him and Ms. Bianco.
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19. After this visit, Ms. Bianco and Mr. Warner maintained a long-distance relationship
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22 for several years. Mr. Warner flew Ms. Bianco out to Los Angeles for visits and told her they would
23 shoot videos and record music during these trips. No videos or music were recorded.
24 20. In April 2011, Mr. Warner convinced Ms. Bianco to move to Los Angeles to live
25 with him while he helped her secure a visa and launch her career in the United States. Mr. Warner
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defrauded Ms. Bianco by telling her that she would be starring in his upcoming feature film,
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Phantasmagoria, and instructed Ms. Bianco to create a timeline for shooting and rehearsals. Ms.
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4 SECOND AMENDED
COMPLAINT
Case 2:21-cv-03677-FLA-MAR Document 35-2 Filed 04/27/22 Page 6 of 15 Page ID #:294
1 Bianco spent two and a half months with Mr. Warner, enduring constant abuse. Mr. Warner
2 controlled Ms. Bianco’s movements and threatened to interfere with her visa process. Mr. Warner
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alternately kept Ms. Bianco awake for days at a time and then would lock her out of the apartment
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overnight. She was not permitted to leave the apartment without permission, nor was she permitted
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to receive visitors.
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7 21. Mr. Warner kept the apartment in near-total darkness and insisted that the
8 temperature remain at 63 degrees Fahrenheit. He was also frequently verbally abusive towards Ms.
9 Bianco, sometimes in front of others. Mr. Warner would berate Ms. Bianco if he did not like her
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outfit, if she touched the thermostat, if she attempted to open the curtains in the apartment, if she
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expressed discomfort with the violent and sexually graphic films Mr. Warner played throughout
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the apartment, and if she failed to find objects he hid around the apartment. He also frequently
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became enraged and would violently throw things around the apartment.
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15 22. On one occasion, Mr. Warner chased Plaintiff around the apartment with an ax,
16 smashing holes in the walls. On another occasion, Mr. Warner cut Ms. Bianco with a Nazi knife
17 during sex, without her consent, and photographed the cuts on her body. He then posted the photos
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online without her consent. Mr. Warner’s friends, band mates, assistant, producer, and other
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colleagues witnessed various aspects of this abuse. Ms. Bianco was only able to escape the
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apartment while Mr. Warner slept in June 2011. When Mr. Warner discovered Ms. Bianco had left,
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22 he threatened to have her visa revoked and to “punish” her when he next saw her.
23 23. In 2013, Ms. Bianco attended one of Mr. Warner’s shows in Las Vegas. Afterwards,
24 he forcibly kissed her without her consent and attempted to block her from leaving. Ms. Bianco
25 was only able to leave when her friends intervened.
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24. It took Ms. Bianco years to understand the extent of Mr. Warner’s physical, sexual,
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psychological, and emotional abuse. Her career suffered due to the deterioration of her mental
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5 SECOND AMENDED
COMPLAINT
Case 2:21-cv-03677-FLA-MAR Document 35-2 Filed 04/27/22 Page 7 of 15 Page ID #:295
1 health caused by Mr. Warner. She deals with complex Post-Traumatic Stress Disorder, anxiety,
2 depression, and panic attacks to this day as a result.
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Trafficking Victims Protection Act
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25. Mr. Warner employed fraud to bring Ms. Bianco to the United States. He promised
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work opportunities that never appeared while inserting himself in her visa process. Ms. Bianco
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7 reasonably relied upon Mr. Warner’s promises of work due to his connections in the industry. Mr.
8 Warner used both fraudulent offers of movie and music video roles to convince Ms. Bianco to
9 travel to Los Angeles, whereupon Mr. Warner then made threats of force and performed violent
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sexual acts on Ms. Bianco to which she did not consent.
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26. Because Mr. Warner had previously cast Ms. Bianco in what she believed to be a
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legitimate music video, her reliance on future projects was reliable. In fact, Mr. Warner went so far
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as to direct Ms. Bianco to draft paperwork to confirm that she would star in his upcoming film, for
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15 which rehearsals would begin shortly after her arrival in the United States.
16 27. Mr. Warner knew these offers to be fraudulent, as he had previously recruited Ms.
17 Bianco to come to the United States to film a music video he never intended to publish. Upon
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information and belief, after Ms. Bianco’s arrival, no effort was made to create the Phantasmagoria
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film. By inserting himself in Ms. Bianco’s visa process, Mr. Warner was able to control Ms. Bianco
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by threatening to withdraw support if she displeased him. Mr. Warner’s culpability is further
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22 demonstrated by preventing Ms. Bianco from escaping the situation by confining her to his
23 bedroom, threatening her if she attempted to leave the apartment without permission, restricting
1 cleaning his apartment, consulting on his album, providing uncredited backup vocals during the
2 creative process for the album Born Villain, and being offered up to his guests and bandmates to
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“spank.” Mr. Warner implied that because he had brought Ms. Bianco to the United States and
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provided housing, she owed him labor and sexual intimacy. Plaintiff feared for her safety and that
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of her friends and family if she did not comply.
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7 29. Mr. Warner further used his position as CEO of Marilyn Manson Records to induce
8 Ms. Bianco to come to the United States. Ms. Bianco was fraudulently promised acting
9 opportunities with Mr. Warner’s band, who was represented by Marilyn Manson Records. Marilyn
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Manson Records had a vested financial interest in encouraging Mr. Warner’s violent abusive
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behavior in promotion of Mr. Warner’s “artistic” pursuits. This toxic culture was fostered by Mr.
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Warner as CEO or Marilyn Manson Records, directly implicating Marilyn Manson Records. In
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sum. Mr. Warner, as CEO of Marilyn Manson Records, used his position and prominence within
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15 the company to lure Ms. Bianco to the United States, where she was then forced to provide labor
16 and sexual services on behalf of Mr. Warner and Marilyn Manson Records.
17 Sexual Assault & Sexual Battery
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30. Mr. Warner used drugs, force, and threats of force to coerce sexual acts from Ms.
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Bianco on multiple occasions. Mr. Warner raped Ms. Bianco in or around May 2011. Ms. Bianco
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was well aware of the violence Mr. Warner could dole out if she fought back, having been on the
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22 receiving end of his temper many times. He also supplied drugs to Ms. Bianco and deprived her of
23 sleep and food in order to weaken her physically and mentally and decrease her ability to refuse
24 him.
25 31. Mr. Warner committed sexual acts with Ms. Bianco when she was unconscious or
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otherwise unable to consent.
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7 SECOND AMENDED
COMPLAINT
Case 2:21-cv-03677-FLA-MAR Document 35-2 Filed 04/27/22 Page 9 of 15 Page ID #:297
1 32. Mr. Warner also committed sexual battery against Ms. Bianco on multiple occasions
2 throughout her time in Los Angeles in 2011. These acts include spanking, biting, cutting, and
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whipping Ms. Bianco’s buttocks, breasts, and genitals for Mr. Warner’s sexual gratification—all
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without the consent of Plaintiff.
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Tortious Interference
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7 33. In April of 2022, Ms. Bianco entered into a contract to provide the musical group
8 Deftones with images of herself to be used as part of the stage set for the band’s current tour. In
9 exchange for providing her images, Ms. Bianco expected an economic benefit from significant
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public exposure via the band’s worldwide tour and the opportunity to continue working with the
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highly sought-after creative director who oversaw the project.
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34. On April 11, 2022 Ms. Bianco performed her end of the contract by participating in
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a video shoot for the band, thus providing images for the Deftones’ use. On April 12, 2022 Ms.
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15 Bianco received approval from the creative director to post about her collaboration with the
16 Deftones on her Instagram Story, which she did at 9:08 a.m. Ms. Bianco expected that the use of
17 her images by the Deftones on their world tour would lead to similar social media opportunities in
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the future.
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35. Soon after Ms. Bianco performed her end of the contract, Defendant Warner
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discovered Ms. Bianco’s participation in the project for the Deftones. Defendant Warner proceeded
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22 to contact the band and confront them over the Deftones’ decision to work with Ms. Bianco.
23 Defendant Warner used his power and influence in the entertainment industry to interfere with Ms.
24 Bianco’s ability to continue working with the Deftones. Defendant Warner’s actions were intended
25 to cause the contract with Ms. Bianco to be breached by the Deftones when they refused to utilize
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her images.
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8 SECOND AMENDED
COMPLAINT
Case 2:21-cv-03677-FLA-MAR Document 35-2 Filed 04/27/22 Page 10 of 15 Page ID
#:298
1 36. Mr. Warner’s conduct did just that. On April 14, 2022 Ms. Bianco was informed
2 that the Deftones would not perform their end of the contract with her due to Mr. Warner’s
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interference. Ms. Bianco’s images would not be used during their upcoming tour.
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37. Ms. Bianco suffered the loss of the opportunity to work with the highly regarded
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creative director, as well as the loss of exposure from her images being used during the Deftones’
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7 world tour. The breach and the loss of this professional relationship also resulted in reputational
8 damage and a loss of future economic opportunity with the Deftones. Additionally, Ms. Bianco
9 would no longer earn the economic benefit of the public exposure and social media prospects
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afforded by the Deftones’ tour.
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38. By further interfering directly with her professional reputation and career
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opportunities, Defendant Warner continues to work to silence Ms. Bianco through threats,
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intimidation, and coercion.
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15 CAUSES OF ACTION
21 Section 243.4, 261, 262, 264.1, 286, 287, or 289, or former Section 288a, of the California Penal
22 Code, and/or assault with the intent to commit any of those crimes, and/or or an attempt to commit
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any of those crimes.
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41. Plaintiff’s requests for relief are set forth below.
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COMPLAINT
Case 2:21-cv-03677-FLA-MAR Document 35-2 Filed 04/27/22 Page 11 of 15 Page ID
#:299
5 43. Defendant Warner acted with the intent to cause a harmful or offensive contact with
6 an intimate part of Plaintiff, and a sexually offensive contact with Plaintiff directly or indirectly
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resulted.
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44. Defendant Warner also acted with the intent to cause a harmful or offensive contact
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with Plaintiff by use of his intimate part, and a sexually offensive contact with that person directly
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11 or indirectly resulted.
12 45. Defendant Warner also acted to cause an imminent apprehension of the conduct
13 described above, and a sexually offensive contact with Plaintiff directly or indirectly resulted.
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46. Plaintiff’s requests for relief are set forth below.
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AS AND FOR A THIRD CAUSE OF ACTION FOR A VIOLATION OF THE
16 TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT (“TVPRA”),
18 U.S.C.S. § 1589, AGAINST DEFENDANTS
17 WARNER AND MARILYN MANSON RECORDS
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47. Plaintiff repeats and re-alleges the allegations contained in the paragraphs above, as
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if fully set forth herein.
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48. Defendant Warner knowingly obtained the labor or services of Plaintiff by means
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22 of force, threats of force, physical restraint, or threats of physical restraint to that person or another
23 person;
24 by means of serious harm or threats of serious harm to Plaintiff or another person; by means
25 of the abuse or threatened abuse of law or legal process; or by means of any scheme, plan, or pattern
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intended to cause Plaintiff to believe that, if she did not perform such labor or services, she or
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another person would suffer serious harm or physical restraint.
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COMPLAINT
Case 2:21-cv-03677-FLA-MAR Document 35-2 Filed 04/27/22 Page 12 of 15 Page ID
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16 54. Defendant Warner intentionally interfered with the Deftones’ performance of the
17 existing contract and knew that his conduct would result in a breach of the existing contract between
18 Plaintiff and the Deftones.
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55. A breach of the contract between Plaintiff and the Deftones actually occurred.
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56. Plaintiff suffered damages due to the breach of contract caused by Defendant
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Warner’s intentional actions.
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23 57. Plaintiff’s requests for relief are set forth below.
1 59. An economic relationship with the probability of future economic benefit to Plaintiff
2 existed between Plaintiff and the Deftones.
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60. Defendant Warner knew of the existence of the economic relationship between
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Plaintiff and the Deftones.
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61. Defendant Warner committed an independently wrongful act that was designed to
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7 disrupt the relationship between Plaintiff and the Deftones.
8 62. Actual disruption of the relationship between Plaintiff and the Deftones occurred.
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12 SECOND AMENDED
COMPLAINT
Case 2:21-cv-03677-FLA-MAR Document 35-2 Filed 04/27/22 Page 14 of 15 Page ID
#:302
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Dated: April 27, 2022
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Jay D. Ellwanger
3 California Bar No. 217747
ELLWANGER LAW LLLP
4 8310-1 N. Capital of Texas Highway
Suite 190
5 Austin, Texas 78731
[email protected]
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(737) 808-2260
7 (737) 808-2262 (facsimile)
Attorney for Plaintiff
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COMPLAINT
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1 CERTIFICATE OF SERVICE
2 I hereby certify that on the 27th day of April 2022, all counsel of record who are deemed to
3 have consented to electronic service are being served with a copy of this document via the Court’s
CM/ECF system.
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/s/ Jay D. Ellwanger_____
5 Jay D. Ellwanger
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14 SECOND AMENDED
COMPLAINT