– FILED –
LOS ANGELES SUPERIOR COURT
SEP 14 1993
EDWARD M. KANZMAN
BY A. WATTS, DEPUTY
SANTA MONICA DISTRICT
OP 16 M 71 09/14/93 10:42
T# 003821 6001 182.00
REG OF ACT A
LARRY R. FELDMAN (State Bar No. 45126)
FOGEL, FELDMAN, OSTROV, RINGLER & KLEVENS
A LAW CORPORATION
1620 26th Street, Suite 100 South
Santa Monica, California 90404-4040
(310) 453-6711
Attorneys for Plaintiff J. CHANDLER, a minor, by and through his Guardians
Ad Litem E. Chandler and J. Chandler
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
J. CHANDLER, a minor, by and through his Guardians Ad Litem E. Chandler and
J. Chandler,
Plaintiff,
vs.
MICHAEL JACKSON and DOES 1 through 100,
Defendants.
CASE NO. SC026226
COMPLAINT FOR SEXUAL BATTERY; BATTERY; SEDUCTION; WILLFUL MISCONDUCT;
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; FRAUD AND NEGLIGENCE
Plaintiff J. Chandler, a minor, by and through his Guardians Ad Litem E.
Chandler and J. Chandler for causes of action, alleges:
FIRST CAUSE OF ACTION
(By Plaintiff Against All Defendants for Sexual Battery)
1. The true names or capacities of defendants named herein as Does 1
through 100, and each of them, are unknown to plaintiff who therefore sues
said defendants by such fictitious names. Plaintiff will amend this
complaint and show such true names and capacities when the same have been
ascertained. Each of the defendants named herein as a Doc is legally
responsible for the events and happenings herein described and for the
damages proximately caused thereby.
2. Prior to the commencement of this action E. Chandler and J. Chandler
were appointed Guardian ad Litem of their son, plaintiff J. Chandler, for
the purpose of maintaining this Lawsuit.
3. Plaintiff is a male child who is 13 years old.
4. In or around 1993 defendant Michael Jackson repeatedly committed sexual
battery upon plaintiff in the County of Los Angeles, State of California
and in other locations both within and without the State of California as
more fully described in paragraphs 5 through 7, below.
5. Defendant Michael Jackson, with the intent to cause a harmful or
offensive contact with an intimate part of plaintiff, repeatedly committed
sexual battery upon plaintiff by having sexually offensive contacts with
plaintiff. These sexually offensive contacts include but are not limited to
defendant Michael Jackson orally copulating plaintiff, defendant Michael
Jackson masturbating plaintiff, defendant Michael Jackson eating the semen
of plaintiff, and defendant Michael Jackson having plaintiff fondle and
manipulate the breasts and nipples of defendant Michael Jackson while
defendant Michael Jackson would masturbate.
6. Defendant Michael Jackson, with the intent to cause a harmful or
offensive contact with plaintiff by the use of one or more intimate parts
of said defendant, repeatedly committed sexually battery upon plaintiff by
having sexually offensive contacts with plaintiff.
7. Defendant Michael Jackson repeatedly committed sexual battery upon
plaintiff by acts which caused plaintiff to have an imminent apprehension
of the conduct described in paragraphs 5 and 6 above, which resulted in
sexually offensive contacts with plaintiff.
8. As a direct and proximate result of the repeated sexual batteries
committed by the defendant Michael Jackson upon the plaintiff, the
plaintiff has suffered injury to his health, strength and activity, injury
to his body and shock and injury to his nervous system, all of which
injuries have caused and continue to cause plaintiff great mental, physical
and nervous pain and suffering and emotional distress, all to plaintiff’s
damage in an amount in excess of the minimum jurisdictional amount of the
Superior Court.
9. As a further, direct and proximate result of the repeated sexual
batteries of defendant Michael Jackson upon the plaintiff, the plaintiff
was required to and did and will be required to employ health care
professionals to examine, treat and care for plaintiff and has and will\0
incur medical and incidental expenses. The exact amount of such expense is
unknown to plaintiff at this time and plaintiff will ask leave to amend
this pleading to set forth the exact amount thereof when the same is
ascertained by plaintiff, or plaintiff will offer proof thereof at the time
of trial.
10. Defendant Michael Jackson by repeatedly committing sexual batteries
upon plaintiff has been guilty of oppression, fraud and malice; has engaged
in conduct which is intended by said defendant to cause injury to the
plaintiff; has engaged in conduct which is despicable conduct carried on by
said defendant with the willful and conscious disregard of the rights or
safety of plaintiff; has engaged in despicable conduct that subjects
plaintiff to cruel and unjust hardship in disregard of plaintiff’s rights;
and has used intentional misrepresentation, deceit and concealment of
material facts known to said defendant with the intention of depriving
plaintiff of his legal rights and otherwise causing injury to plaintiff,
thereby entitling plaintiff to an award of exemplary and punitive damages
in an amount to be determined at the trial.
SECOND CAUSE OF ACTION
(By Plaintiff Against All Defendants for Battery)
11. Plaintiff repeats and incorporates herein by reference each and every
allegation contained in paragraphs 1, 2 and 3, above.
12. In or around 1993, defendant Michael Jackson repeatedly committed
battery upon plaintiff in the County of Los Angeles, State of California,
and in other locations both within and without, the State of California as
more fully described in paragraph 13 below.
13. Defendant Michael Jackson repeatedly committed battery upon plaintiff
by engaging in harmful contact with plaintiff including but not limited to
harmful sexual contact with plaintiff. These harmful contacts include but
are not limited to defendant Michael Jackson orally copulating plaintiff,
defendant Michael Jackson masturbating plaintiff, defendant Michael Jackson
eating the semen of plaintiff, and defendant Michael Jackson having
plaintiff fondle and manipulate the breasts and nipples of defendant
Michael Jackson while defendant Michael Jackson would masturbate.
14. As a direct and proximate result of the repeated batteries committed by
the defendant Michael Jackson upon the plaintiff, the plaintiff has
suffered injury to his health, strength and activity, injury to his body
and shock and injury to his nervous system, all of which injuries have
caused and continue to cause plaintiff great mental, physical and nervous
pain and suffering and emotional distress, all to plaintiff’s damage in an
amount in excess of the minimum jurisdictional amount of the Superior
Court.
15. As a further, direct and proximate result of the repeated batteries of
defendant Michael Jackson upon the plaintiff, the plaintiff was required to
and did and will be required to employ health care professionals to
examine, treat and care for plaintiff and has and will incur medical and
incidental expenses. The exact amount of such expense is unknown to
plaintiff at this time and plaintiff will ask leave to amend this pleading
to set forth the exact amount thereof when the same is ascertained by
plaintiff, or plaintiff will offer proof thereof at the time of trial.
16. Defendant Michael Jackson by repeatedly committing batteries upon
plaintiff has been guilty of oppression, fraud and malice; has engaged in
conduct which is intended by said defendant to cause injury to the
plaintiff; has engaged in conduct which is despicable conduct carried on by
said defendant with the willful and conscious disregard of the rights or
safety of plaintiff; has engaged in despicable conduct that subjects
plaintiff to cruel and unjust hardship in disregard or plaintiff’s rights;
and has used intentional misrepresentation, deceit and concealment of
material facts known to said defendant with the intention of depriving
plaintiff of his legal rights and otherwise causing injury to plaintiff,
thereby entitling plaintiff to an award of exemplary and punitive damages
in an amount to be determined at the trial.
THIRD CAUSE OF ACTION
(By Plaintiff Against All Defendants for Seduction)
17. Plaintiff repeats and incorporates herein by reference each and every
allegation contained in paragraphs 1, 2 and 3, above.
18. Defendant Michael Jackson gave expensive and lavish gifts to plaintiff;
showered plaintiff with care and attention; took plaintiff on trips and
vacations; feigned despair and grief when plaintiff rejected said
defendant’s sexual advances; and falsely told plaintiff that it would be
right and appropriate for plaintiff to comply with said defendant’s sexual
advances. Said defendant’s actions were done for the sole and exclusive
purpose of forcing plaintiff to comply with said defendant’s sexual demands
and other demands so that said defendant could satisfy his lust, passions
and sexual desires.
19. As a result of the foregoing, defendant Michael Jackson was able to
seduce plaintiff and thereby defendant Michael Jackson was able to satisfy
his lust, passions and sexual desires. The sexual acts committed by
defendant Michael Jackson in his seduction of plaintiff include but are not
limited to defendant Michael Jackson orally copulating plaintiff, defendant
Michael Jackson masturbating plaintiff, defendant Michael Jackson eating
the semen of plaintiff, and defendant Michael Jackson having plaintiff
fondle and manipulate the breasts and nipples of defendant Michael Jackson
while defendant Michael Jackson would masturbate.
20. As a direct and proximate result of the seduction of plaintiff by the
defendant Michael Jackson, the plaintiff has suffered injury to his health,
strength and activity, injury to his body and shock and injury to his
nervous system, all of which injuries have caused and continue to cause
plaintiff great mental, physical and nervous pain and Buffering and
emotional distress, all to plaintiff’s damages in an amount in excess of
the minimum jurisdictional limit of the Superior Court.
21. As a further, direct and proximate result of the seduction of plaintiff
by the defendant Michael Jackson, the plaintiff was required to and did and
will be required to employ health care professionals to examine, treat and
care for plaintiff and has and will incur medical and incidental expenses.
The exact amount of such expense is unknown to plaintiff at this time and
plaintiff will ask leave to amend this pleading to set forth the exact
amount thereof when the same is ascertained by plaintiff, or plaintiff will
offer proof thereof at the time of trial.
22. Defendant Michael Jackson, by seducing plaintiff, has been guilty of
oppression, fraud and malice; has engaged in conduct which is intended by
said defendant to cause injury to the plaintiff; has engaged in conduct
which is despicable conduct carried on by said defendant with the willful
and conscious disregard of the rights or safety of plaintiff; has engaged
in despicable conduct that subjects plaintiff to cruel and unjust hardship
in disregard of plaintiff’s rights; and has used intentional
misrepresentation, deceit and concealment of material facts known to said
defendant with the intention of depriving plaintiff of his legal rights and
otherwise causing injury to plaintiff, thereby entitling plaintiff to an
award of exemplary and punitive damages in an amount to be determined at
the trial.
FOURTH CAUSE OF ACTION
(By Plaintiff Against All Defendants for willful Misconduct)
23. Plaintiff repeats and incorporates herein by reference each and every
allegation contained in paragraphs 1, 2 and 3, above.
24. Defendant Michael Jackson intentionally and wilfully violated the Penal
Code of the state of California by his actions and contact with plaintiff.
These Penal Code violations include but are not llmited to the following:
(a}Defendant Michael Jackson intentionally and wilfully violated Penal
Code Section 288 by willfully and lewdly committing lewd and lascivious
acts upon or with the body, or any part or member thereof, of plaintiff, a
child under the age of 14 years, with the intent of arousing, appealing to
or gratifying the lust or passions or sexual desires of said defendant.
(b) Defendant Michael Jackson intentionally and willfully violated Penal
Code Section 1165.1 by said defendant’s sexual abuse of plaintiff.
(c) Defendant Michael Jackson intentionally and willfully violated Penal
Code Section 288a by acts that he committed upon plaintiff.
(d) Defendant Michael Jackson intentionally and willfully violated Penal
Code Section 647.6 by annoying and molesting plaintiff.
The actions of defendant Michael Jackson which violated the Penal Code of
the state of California include but are not limited to defendant Michael
Jackson orally copulating plaintiff, defendant Michael Jackson masturbating
plaintiff, defendant Michael Jackson eating the semen of plaintiff, and
defendant Michael Jackson having plaintiff fondle and manipulate the
breasts and nipples of defendant Michael Jackson while defendant Michael
Jackson would masturbate.
25. As a direct and proximate result of the acts committed by defendant
Michael Jackson upon the plaintiff in violation of the Penal Code of the
State of California, the plaintiff has suffered injury to his health,
strength and activity, injury to the body and shock and injury to his
nervous system, all of which injuries have caused and continue to cause
plaintiff great mental, physical and nervous pain and suffering and
emotional distress, all to plaintiff’s damage in an amount in excess of the
minimum jurisdictional amount of the Superior Court.
26. As a further direct and proximate result of the acts committed by the
defendant Michael Jackson upon the plaintiff, in violation of the Penal
Code of the State of California, the plaintiff was required to and did and
Will be required to employ health care professionals to examine, treat and
care for plaintiff and has and will incur medical and incidental expenses.
The exact amount of such expense is unknown to plaintiff at this time and
plaintiff will ask leave to amend this pleading to set forth the exact
amount thereof when the same is ascertained by plaintiff, or plaintiff will
offer proof thereof at the time of trial.
27. Defendant Michael Jackson by repeatedly violating the Penal Code of the
State of California has been guilty of oppression, fraud and malice; has
engaged in conduct which is intended by said defendant to cause injury to
the plaintiff; has engaged in conduct which is despicable conduct carried
on by said defendant with the willful and conscious disregard of the rights
or safety of plaintiff; has engaged in despicable conduct that subjects
plaintiff to cruel and unjust hardship in disregard of plaintiff’s rights;
and has used intentional misrepresentation, deceit and concealment of
material facts known to said defendant with the intention of depriving
plaintiff of his legal rights and otherwise causing injury to plaintiff,
thereby entitling plaintiff to an award of exemplary and punitive damages
in an amount to be determined at the trial.
FIFTH CAUSE OF ACTION
(By Plaintiff Against All Defendants for Intentional Infliction of
Emotional Distress)
28. Plaintiff repeats and incorporates herein by reference each and every
allegation contained in paragraphs 1, 2 and 3, above.
29. During 1993 defendant Michael Jackson repeatedly engaged in sexual
conduct with plaintiff and other conduct with plaintiff all of which was
directed to gratifying defendant Michael Jackson’s lust, passions and
sexual desire. The sexual conduct included but is not limited to defendant
Michael Jackson orally copulating plaintiff, defendant Michael Jackson
masturbating plaintiff, defendant Michael Jackson eating the semen of
plaintiff, and defendant Michael Jackson having plaintiff fondle and
manipulate the breasts and nipples of defendant Michael Jackson while
defendant Michael Jackson would masturbate.
30. Defendant Michael Jackson knew or should have known that these
intentional acts Were likely to lead to mental and physical illness to
plaintiff and likely to cause plaintiff to suffer severe emotional
distress.
31. As a direct and proximate result of the conduct committed by defendant
Michael Jackson as set forth hereinabove, the plaintiff has suffered injury
to his health, strength and activity, injury to his body and shook and
injury to his nervous system, all of which injuries have caused and
continue to cause plaintiff great mental, physical and nervous pain and
suffering and emotional distress, all to plaintiff’s damage in an amount in
excess of the minimum jurisdictional amount of the Superior Court.
32. As a direct and proximate result of the conduct committed by defendant
Michael Jackson as set forth hereinabove, the plaintiff was required to and
did and will be required to employ health care professionals to examine,
treat and care for plaintiff and has and will incur medical and incidental
expenses. The exact amount of such expense is unknown to plaintiff at this
time and plaintiff will ask leave to amend this pleading to set forth the
exact amount thereof when the same is ascertained by plaintiff, or
plaintiff will offer proof thereof at the time of trial.
33. As a direct and proximate result of the conduct committed by defendant
Michael Jackson as set forth hereinabove, said defendant has been guilty of
oppression, fraud and malice; has engaged in conduct which is intended by
said defendant to cause injury to the plaintiff; has engaged in conduct
which is despicable conduct carried on by said defendant with the willful
and conscious disregard of the rights or safety or plaintiff; has engaged
in despicable conduct that subjects plaintiff to cruel and unjust hardship
in disregard of plaintiff’s rights; and has used intentional
misrepresentation, deceit and concealment of material facts known to said
defendant with the intention of depriving plaintiff of his legal rights and
otherwise causing injury to plaintiff, thereby entitling plaintiff to an
award of exemplary and punitive damages in an amount to be determined at
the trial.
SIXTH CAUSE OF ACTION
(By Plaintiff Against All Defendants for Fraud)
34. Plaintiff repeats and incorporates herein by reference each and every
allegation contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 12, 13, 18, 19, 24,
29 and 30, above.
35. Defendant Michael Jackson so that he could commit the acts alleged
hereinabove made repeated misrepresentations to plaintiff including that
defendant Michael Jackson was a true friend of plaintiff; that defendant
Michael Jackson had the best interests Of plaintiff in mind even while he
was engaged in the acts described in detail hereinabove; that defendant
Michael Jackson would suffer despair and great depression if Michael
Jackson was not allowed to perform the acts alleged hereinabove; and that
the acts which defendant Michael Jackson committed upon plaintiff were
normal, usual and customary acts in a relationship between friends.
36. Each of these representations were false and known to be false by
defendant Michael Jackson.
37. Each of these representations were made by defendant Michael Jackson in
an intent to deceive plaintiff and so that plaintiff Michael Jackson would
be able to satisfy said defendant’s lust, passions and sexual desires
through the abuse of plaintiff.
38. Plaintiff believed the representations to be true and acting in
reliance upon these representations allowed defendant Michael Jackson to
commit the acts alleged hereinabove.
39. As a direct and proximate result of the fraudulent representations made
by defendant Michael Jackson to plaintiff, the plaintiff has suffered
injury to his health, strength and activity, injury to his body and shock
and injury to his nervous system, all of which injuries have caused and
continue to cause plaintiff great mental, physical and nervous pain and
suffering and emotional distress, all to plaintiff’s damage in an amount in
excess of the minimum jurisdictional limit of the Superior Court.
40. As a further, direct and proximate result of the fraudulent
representations made by defendant Michael Jackson to plaintiff, the
plaintiff was required to and did end will be required to employ health
care professionals to examine, treat and care for plaintiff and has and
will incur medical and incidental expenses. The exact amount of such
expense is unknown to plaintiff at this time and plaintiff will ask leave
to amend this pleading to set forth the exact amount thereof when the same
is ascertained by plaintiff, or plaintiff will offer proof thereof at the
time or trial.
41. Defendant Michael Jackson by repeatedly making fraudulent
representations to plaintiff has been guilty of oppression, fraud and
malice; has engaged in conduct which is intended by said defendant to cause
injury to the plaintiff; has engaged in conduct which is despicable conduct
carried on by said defendant with the willful and conscious disregard of
the rights or safety of plaintiff; has engaged in despicable conduct that
subjects plaintiff to cruel and unjust hardship in disregard of plaintiff’s
rights; and has used intentional misrepresentation, deceit and concealment
of material facts known to said defendant with the intention of depriving
plaintiff of his legal rights and otherwise causing injury to plaintiff,
thereby entitling plaintiff to an award of exemplary and punitive damages
in an amount to be determined at the trial.
SEVENTH CAUSE OF ACTION
(By Plaintiff Against All Defendants for Negligence)
42. Plaintiff repeats and incorporates herein by reference each and every
allegation contained in paragraphs 1, 2 and 3, above.
43. Defendant Michael Jackson owed a duty to use ordinary care in his
relationship with plaintiff and not to take advantage of plaintiff’s age or
of plaintiff’s trust in defendant Michael Jackson. Further, defendant
Michael Jackson was at all times obligated to comply with all provisions of
the Penal Code of the State of California and other jurisdictions and to
specifically comply with the Penal Code Sections alleged in paragraph 24,
above.
44. Defendant Michael Jackson negligently had offensive contacts with
plaintiff which were both explicitly sexual and otherwise.
45. As a direct and proximate result of the negligence of defendant Michael
Jackson as alleged hereinabove, the plaintiff has suffered injury to his
health, strength and activity, injury to his body and attack and injury to
his nervous system, all of which injuries have caused and continue to cause
plaintiff great mental, physical and nervous pain and suffering and
emotional distress, all the plaintiff’s damage in an amount in excess of
the minimum jurisdictional limit of the Superior Court.
46. As a further, direct and proximate result of the negligence of
defendant Michael Jackson, the plaintiff was required to and did and will
be required to employ health care professionals to examine, treat and care
for plaintiff and has and will incur medical and incidental expenses. The
exact amount of such expense is unknown to plaintiff at this time and
plaintiff will ask leave to amend this pleading to set forth the exact
amount thereof when the same is ascertained by plaintiff, or plaintiff will
offer proof thereof at the time of trial.
WHEREFORE, plaintiff prays for judgment against defendants, and each of
them, as follows:
1. For compensatory damages according to proof;
2. For exemplary and punitive damages according to proof;
3. For costs of suit incurred herein; and,
4. For such other and further relief as the Court deems just and proper.
Dated: September 14, 1993
LARRY R. FELDMAN, Esq.
FOGEL, FELDMAN, OSTROV, RINGLER & KLEVENS
A LAW CORPORATION
By: <signed>
LARRY R. FELDMAN
Attorneys for Plaintiff
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