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Case 3:15-cv-03377-JCS Document 1 Filed 07/22/15 Page 1 of 8

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KENNICK & ASSOCIATES


110 E. WILSHIRE AVE., SUITE 401
FULLERTON, CA 92832
TELEPHONE: (714) 992-6600
FACSIMILE: (714) 992-6602
MICHAEL T. KENNICK, CBN 132406
mkennick@kennicklaw.com
JOHN C. ELLIS, CBN 217813
jellisakennicklaw.com
KAREN TYNAN, ATTORNEY AT LAW
1083 VINE STREET, #201
HEALDSBURG, CA 95448
TELEPHONE: (707) 395-0062
FACSIMILE: (707 526-1716
KAREN TYNAN, CBN 217775
dktynan@comcast.net
Attorneys for Defendants, CYBERNET ENTERTAINMENT, LLC, erroneously sued as
KINK.COM; KINK STUDIOS, LLC; CYBERNET ENTERTAINMENT, LLC, erroneously
sued as KINKMEN.COM; CYBERNET ENTERTAINMENT, LLC; ARMORY STUDIOS,
LLC; PETER AC WORTH; and HOGAN KARL aka VAN DARKHOLME

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA


) CASE NO.:
)
) NOTICE OF REMOVAL PURSUANT TO 28
Plaintiff,
) U.S.C. 1441(b)DIVERSITY
) JURISDICTION
VS.
)
) DEMAND FOR JURY TRIAL
KINK.COM; KINK STUDIOS, LLC;)
CYBERNET)
KINKMEN.COM;
ENTERTAINMENT, LLC; ARMORY
STUDIOS, LLC; PETER ACWORTH)) Complaint Filed: 4-28-15
HOGAN KARL aka VAN DARKHOLME, and) First Amended Complaint Filed: 6-30-15
DOES 1 through 50, inclusive,
)
)
)
Defendants.
)
)
TO THE CLERK OF THE ABOVE-CAPTIONED COURT:

JOHN DOE,

27
PLEASE TAKE NOTICE THAT Defendants, CYBERNET ENTERTAINMENT,
28

LLC, erroneously sued as KINK.COM; KINK STUDIOS, LLC; CYBERNET


-1 NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1441(b)DIVERSITY JURISDICTION

Case 3:15-cv-03377-JCS Document 1 Filed 07/22/15 Page 2 of 8

ENTERTAINMENT, LLC, erroneously sued as KINKMEN.COM; CYBERNET


ENTERTAINMENT, LLC; ARMORY STUDIOS, LLC; PETER AC WORTH; and HOGAN
KARL aka VAN DARKHOLME ("Defendants") hereby remove to this Court the action entitled
Doe v. Kink.Com, et al., Case No. CGC-15-545550 (the "State Court Action") from the Superior
Court of the State of California, County of San Francisco, in which it is now pending. In support
of this Notice, Defendant states as follows:
Statement of Removal
1.

On or about April 28, 2015, Plaintiff John Doe ("Plaintiff') filed the State Court

Action, naming KINK.COM; KINK STUDIOS, LLC; KINKMEN.COM; CYBERNET


ENTERTAINMENT, LLC; ARMORY STUDIOS, LLC; PETER AC WORTH and VAN
DARKHOLME as defendants ("Complaint").
2.

On June 22, 2015, Defendant HOGAN KARL aka VAN DARKHOLME was

served with the Summons and Complaint in the State Court Action. A true and correct
conformed copy of the Complaint is attached hereto as Exhibit 1. A true and correct copy of the
Summons is attached hereto as Exhibit 2. The Proof of Service of Summons is attached hereto
as Exhibit 3.
3.

On June 23, 2015, defendants, CYBERNET ENTERTAINMENT, LLC,

erroneously sued as KINK.COM; KINK STUDIOS, LLC; CYBERNET ENTERTAINMENT,


LLC, erroneously sued as KINKMEN.COM; CYBERNET ENTERTAINMENT, LLC;
ARMORY STUDIOS, LLC and PETER AC WORTH were served. The Proof of Service of
Summons regarding these defendants are collectively attached as Exhibit 4.
3.

This action is a civil action of which this Court has original jurisdiction under 28

U.S.C. 1332, and is one which may be removed to this Court by Defendants pursuant to the
provisions of 28 U.S.C. 1441(b) in that it is a civil action between citizens of different states
and foreign states, and the amount in controversy exceeds the sum of $75,000.
4.

Pursuant to 28 U.S.C. 1446(b), this Notice of Removal is timely since it is filed

within thirty (30) days of the Defendants being served with the Complaint.
///
-2NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1441(b)DIVERSITY JURISDICTION

Case 3:15-cv-03377-JCS Document 1 Filed 07/22/15 Page 3 of 8

Citizenship of the Parties


5.

Plaintiff alleges complete diversity from all Defendants.

6.

Defendants are informed and believe, and Plaintiff alleges, that Plaintiff John Doe

is a resident and citizen of the State of New York. Complaint, It 1.1


7.

The named defendants, all located in California, have complete diversity from

Plaintiff.
8.

Defendant CYBERNET ENTERTAINMENT, LLC is allegedly "a Limited

Liability Company registered to do business in the State of California...CYBERNET maintains a


headquarters at 1800 Mission Street, San Francisco, California." Complaint, 112.
9.

Defendant CYBERNET ENTERTAINMENT, LLC erroneously sued as

KINK.COM is allegedly "a corporation duly organized and existing under and by the virtue of
the state laws of the State of California...Defendant KINK.COM maintains a headquarters at
1800 Mission Street, San Francisco, California." Complaint, 3.
10.

Defendant KINK STUDIOS, LLC is allegedly "a corporation duly organized and

existing under and by the virtue of the state laws of the State of California...Defendant Kink
Studios maintains a headquarters at 1800 Mission Street, San Francisco, California." Complaint,

It 4.
11.

Defendant CYBERNET ENTERTAINMENT, LLC erroneously sued as

KINKMEN.COM is allegedly "a corporation duly organized and existing under and by the virtue
of the state laws of the State of California...Defendant KINKMEN maintains a headquarters at
1800 Mission Street, San Francisco, California." Complaint, 115.
12.

Defendant ARMORY STUDIOS, LLC is allegedly "a corporation duly organized

and existing under and by the virtue of the state laws of the State of California.. .Defendant
ARMORY maintains a headquarters at 1800 Mission Street, San Francisco, California."
Complaint, 116.
On 6-30-15, Plaintiff filed a First Amended Complaint. All paragraph references herein are to
the original Complaint.
-3NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1441(b)DIVERSITY JURISDICTION

Case 3:15-cv-03377-JCS Document 1 Filed 07/22/15 Page 4 of 8

13.

Defendant PETER AC WORTH allegedly "works and resides in San Francisco,

California. Complaint, 1110.


14.

Defendant HOGAN KARL aka VAN DARKHOLME allegedly "at all relevant

times referenced herein.. .worked and resided in San Francisco, California. Complaint, 13.2
Amount in Controversy
15.

Plaintiff's original Complaint alleges causes of action against Defendants for 1)

Negligence, 2) Negligence Per Se, 3) Intentional/Fraudulent Misrepresentation, 4) Civil


Conspiracy to Commit Intentional/Fraudulent Misrepresentation, 5) Breach of Implied Covenant
of Good Faith and Fair Dealing, 6) Negligent Supervision, 7) Negligent Hiring and/or Retention
and 8) Intentional Infliction of Emotional Distress.3
16.

It is facially apparent from the Complaint and the nature of Plaintiff's claims

against Defendant therein, that the claims exceed $75,000. See, e.g. Luckett v. Delta Airlines,
Inc., 171 F.3d 295, 298 (5th Cir. 1999) (finding the jurisdictional amount satisfied based on a tort
theory of recovery in which plaintiff alleged damages for property, travel expenses, an
emergency ambulance trip, a six day stay in the hospital, pain and suffering, humiliation, and her
temporary inability to do housework). Here, Plaintiff alleges tort damages and punitive damages
for emotional distress and battery. While these amounts cannot be directly quantified from the
Complaint, such alleged damages in a personal injury action typically far exceed the
jurisdictional amount of $75,000. Complaint, If 68, Prayer for Relief, 4.
17.

Plaintiff specifically alleges that he was a model hired by the Defendants

(Complaint, 27), and from November 7, 2011 to May 3, 2013, he performed for Defendants in
pornographic videos. (Complaint, 23). On June 3, 2013, Plaintiff learned that he was HIV
positive. (Complaint, If 49) Plaintiff alleges he contracted HIV at a May 3, 2013 video shoot.
(Complaint,T51).

In the original Complaint, Plaintiff named defendant Van Darkholme. Plaintiff's First Amended

Complaint amends this party's name to "Hogan Karl aka Van Darkholme."
3 Plaintiff's

First Amended Complaint adds two causes of action, Premises Liability and Battery.
-4NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1441(b)DIVERSITY JURISDICTION

Case 3:15-cv-03377-JCS Document 1 Filed 07/22/15 Page 5 of 8

18.

Plaintiff alleges lals a direct and proximate result of the aforementioned conduct

of Defendants, Plaintiff has suffered damages in the form of physical harm when he contracted
HIV while performing at the May 3, 2013 shoot. Plaintiff has incurred and will continue to incur
significant costs for medical treatment, medications, and all other related expenses for the
treatment of his contracted illness." Complaint, 11158.
19.

Plaintiff alleges "[als a direct and proximate result of the aforementioned conduct

of Defendants, and each of them, Plaintiff has suffered damages including, but not limited to,
past and future lost earnings and medical and/or psychological treatment expenses..."
Complaint, 159.
20.

Plaintiff alleges "[a]s a further direct and proximate result of the aforementioned

conduct of said Defendants, and each of them, Plaintiff has suffered mental and emotional
distress including, but not limited to, great depression and embarrassment amongst members of
the community and family, he has also suffered severe emotional distress, including, but not
limited to, anxiety, fear, humiliation, mental anguish, depression, and post-traumatic stress
disorder, all to his general damage... Complaint, 160.
21.

Plaintiff alleges punitive damages. Complaint, at Prayer for Relief

22.

Based on the allegations set forth in the Complaint, it is apparent that the amount

in controversy exceeds $75,000, exclusive of interest and costs. ("This Court has held that 'once
a defendant is able to show that the amount in controversy exceeds the jurisdictional amount,
removal is proper, provided plaintiff has not shown that it is legally certain that his recovery will
not exceed the amount stated.") (citing De Aguilar v. Boeing Co., 47 F.3d 1404, 1412 (5th
Cir.1995).
Removal Procedures
23.

Removal is properly made to the United States District Court for the Northern

District of California because the Superior Court of the State of California, County of San
Francisco, where the State Court Action is currently pending, is within the Northern District of
California.

-5NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1441(b)DIVERSITY JURISDICTION

Case 3:15-cv-03377-JCS Document 1 Filed 07/22/15 Page 6 of 8

24.

The United States District Court for the Northern District of California has

jurisdiction over this case pursuant to 28 U.S.C. 1332(a)(1)-(4) because the matter in
controversy exceeds the sum of $75,000, exclusive of intst and costs, and the action is between
citizens of different states, namely California and New York.
25.

A copy of this notice will be filed with the Clerk of the Superior Court for the

State of California, County of San Francisco, and Plaintiff, as required by 28 U.S.C. 1446(d).
WHEREFORE, Defendant respectfully requests removal of this action from the Superior
Court of the State of California, County of San Francisco, to the United States District Court for
the Northern District of California.

DEFENDANTS DEMAND JURY TRIAL

DATED: July 22, 2015


By: A/ Michael T. Kennick
Michael T. Kennick, Esq.
KENNICK AND ASSOCIATES
Attorneys for Defendants, CYBERNET
ENTERTAINMENT, LLC, erroneously sued as
KINK.COM; KINK STUDIOS, LLC;
CYBERNET ENTERTAINMENT, LLC,
erroneously sued as KINKMEN.COM;
CYBERNET ENTERTAINMENT, LLC;
ARMORY STUDIOS, LLC; PETER AC WORTH;
HOGAN KARL aka VAN DARKHOLME

-6NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1441(b)DIVERSITY JURISDICTION

Case 3:15-cv-03377-JCS Document 1 Filed 07/22/15 Page 7 of 8

PROOF OF SERVICE
I am employed in the County of Orange, State of California. I am over the age of 18 and
not a party to the within action; my business address is 110 E. Wilshire Ave., Suite 401,
Fullerton, California, 92832.
On 7-22-15, I served the foregoing document described as
NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1441(b)DIVERSITY
JURISDICTION
DEMAND FOR JURY TRIAL
on the interested parties in this action:
[X]

By placing true copies thereof enclosed in sealed envelopes addressed as stated on the
attached service list;

[X]

VIA U.S. MAIL: The envelopes were sealed and mailed with postage thereon, fully
prepaid. I am "readily familiar" with this firm's practice of collection and processing
correspondence for mailing. Under that practice, the envelope was deposited with the
United States Postal Service in Fullerton, California in the ordinary course of business;
and there is delivery service by United States mail at the place so addressed. I am aware
that on motion of the party served, service is presumed invalid if postal cancellation date
or postage meter date is more than one day after date of deposit for mailing in this
declaration.

[X] VIA EMAIL OR ELECTRONIC TRANSMISSION


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VIA ELECTRONIC TRANSMISSION [CM/ECF SYSTEM]: Based on the United


States District Court's General Order No. 08-02, I caused the above-referenced
documents to be sent to the persons at the e-mail addresses listed on the attached service
list by way of the Court's CM/ECF System (Case Management/Electronic Case Filing
System). I did not receive, within a reasonable time after the transmission, any electronic
message or other indication that the transmission was unsuccessful.

I]

VIA LEXISNEXIS FILE & SERVE (on all parties listed on the service list with
LexisNexis in compliance with court's order)

[X]

(FEDERAL): I declare under penalty of perjury under the laws of the United States of
at
America that the above information is true and correct. Executed on 1Fullerton, California.

/s/ JOHN C. ELLIS


JOHN C. ELLIS
-7NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1441(b)DIVERSITY JURISDICTION

Case 3:15-cv-03377-JCS Document 1 Filed 07/22/15 Page 8 of 8

SERVICE LIST

Attorneys for PLAINTIFF JOHN DOE


Sandra Ribera Speed
RIBERA LAW FIRM
157 West Portal Avenue, Suite 2
San Francisco, CA 94127
Sandra Ribera <sribera@riberalaw.com>
Co-Counsellor DEFENDANTS CYBERNET ENTERTAINMENT, LLC, erroneously sued as
KINK COM; KINK STUDIOS, LLC; CYBERNET ENTERTAINMENT, LLC, erroneously
sued as KINKME1V.COM; CYBERNET ENTERTAINMENT, LLC; ARMORY STUDIOS,
LLC; PETER ACWORTH; HOGAN KARL aka VAN DARKHOLME
Karen Tynan, Attorney At Law
1083 Vine Street, #201
Healdsburg, CA 95448
Karen Tynan <dktynan@comcast.net>

-8NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1441(b)DIVERSITY JURISDICTION

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 1 of 55

EXHIBIT 1

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 2 of 55


CM-010
FOR COURT USE ONLY

wid address):

ATTORNEY OR PARTY WITHOUT ATTORNEY (Nfl7E

Sandra Ribera Speed, Esq. (236769)


Ribera Law Firm, A Professional Corp_roation
157 West Portal Avenue Smite

Sall EMCiSCO, California 94127


415-842-0321
FAX NO.:

415-576-1600

TELEPHONE NO.: joHN DoE


ATTORNEY FOR Name):

yILED

" co
San Francis
c ulster treet

'n'm,stverior cow

SUPERIOR COURT OF CargrAptINTY Of


STREET ADDRESS:
MAILING ADDRESS:

CITY AND ZIP CODE:


BRANCH NAME:

APR

San Francisco 94102


Civic Center Courthouse - Civil

?Intl

C EI-11( t- ri

QURT

CASE NAME:

John Doe v. Kink.corn, et al.


CIVIL CASE COVER SHEET

1-*0 I

FT Limited
Unlimited
(Amount
(Amount
demanded is
demanded
exceeds $25,000) $25,000 or less)

`E NUMBER.

Complex Case Designation


71 Counter U Joinder
Filed with first appearance by defendant
(Cal. Rules of Court, rule 3.402)

d ti 5 - 5 4 5 5 4 0
JUDGE:
SEPT:

Items 1-6 below must be completed (see instructions on page 2).

1. Check one box below for the case type that best describes this case:
Auto Tort
Auto (22)
Uninsured motorist (46)
Other PI/PD/WD (Personal Injury/Property
Damage/Wrongful Death) Tort

Contract
ED Breach of contract/warranty (06)
Rule 3.740 collections (09)
Other collections (09)

1:::1 Insurance coverage (18)


= Other contract (37)
RealProperty
Eminent domain/inverse
condemnation (14)
Other PI/PD/WD (23)
El Wrongful eviction (33)
Non-PUPDAND (Other) Tort
Other real property (26)
Business tort/unfair business practice (07)
Unlawful
Detainer
Civil rights (08)
IT
C
ommercial
(31)
Defamation (13)

IT

71

Asbestos (04)
Product liability (24)
Medical malpractice (45)

ED

El Residential (32)

[kr Fraud (16)

IT
1
El

Intellectual property (19)


Professional negligence (25)
Other non-PI/PD/WD tort (35)

Employment
I Wrongful termination (36)
I

I 1

Other employment (15)

Provisionally Complex Civil Litigation


(Cal. Rules of Court rules 3.400-3.403)

1:=1

Antitrust/Trade regulation (03)

El Construction defect (10)


ED Mass tort (40)
El Securities litigation (28)

71Environmental/Toxic tort (30)

1 I

Insurance coverage claims arising from the


above listed provisionally complex case
types (41)

Enforcement of Judgment

I 1Enforcement of judgment (20)


Miscellaneous Civil Complaint
L] RICO (27)

Li

El Other complaint (not specified above) (42)

Fl

C] Partnership and corporate governance (21)


Other petition (not &fleeted above) (43)

Dregs (38)
Judicial Review
I= Asset forfeiture (05)
Petition re: arbitration award (11)

IT

Writ of mandate (02)


Other judicial review (39)

Miscellaneous Civil Petition

I 1

2. This case Li is k..I is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
d. El Large number of witnesses
Large number of separately represented parties
a.U
Coordination with related actions pending in one or more courts
I Extensive motion practice raising difficult or novel e.
b.
issues that will be time-consuming to resolve
In other counties, states, or countries, or in a federal court
f. 1::1 Substantial postjudgment judicial supervision
c.1 1 Substantial amount of documentary evidence
3. Remedies sought (check all that apply): a.I 4e monetary b4-1 nonmonetary; declaratory or injunctive relief C. ee Ipunitive
Negligence; Negligence Per Se; intenfional/Fraudulent Misrepresentation; Civil Conspiracy to Commit
4. Number of causes of action (specif y): 8:
Intentional/Fraudulent Misrepresentation; Breach of Implied Covenant of Good Faith and Fair Dealing;
6. This case I (is riis not a class action sue.
Neglig t Stvervision; N ligent Hiring andio Retention; IIED
6. If there are any known related cases, file and serve a notice of related case. (You se form CM-01)
Date. April 28, 2015

Sandra Ribera Speed, Esq.


(TYPE OR PRINT NAME)

NOTICE
Plaintiff must file this cover sheet with the first paper hied in the action or proceeding (except small claims cases or cases 'filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to 'file may result
in sanctions.
File this cover sheet in addition to any cover sheet required by local court rule.
if this case is complex under rule 3.400 at seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onry.
Fowl Adopted for Mandatoiy Use
Judicial Council of California
CM-010 pan My L 20077

CIVIL CASE COVER SHEET

P *1 of2
Cal. Rules of Court, alas 230. 3.220, 3400-3.403, 3.740;
Cal. Standards of Judicial Administration, std. 3.10

traw.coissinfo.cagov

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 3 of 55

SUitiff

FOR COURT USE ONLY


(SOLO PARA USO DE LA CORTE)

(CITACION JUDICIAL)
NOTICE TO DEFENDANT:

VgrebefrtrRC&IOS, LLC; KINKMEN.COM; CYBERNET


ENTERTAINMENT, LLC; ARMORY STUDIOS, LLC; PMER
ACWORTH; VAN DARICHOLME and DOES 1 through 50, inclusive.
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):

JOHN DOE
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca.goviselfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk fora fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifonda.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.govIselfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
tAitlS01 Lo han demandado. Si no respande denim de 30 dies, to code puede decidir en su contra sin escuthersu versilm. Lea la informacin a
continuer:Om
Ilene 30 WAS DE CALENDAR10 despus de qua to entreguen esta crlacin y papeles regales pare presenter iota respuesta por escrito en esta
code y hacer que se entregue une copla at demandante. Una carte o una !remade telefanica no to protegerr. Su nespuesta por matte time que ester
en forrnato legal correct si doses que procesen su caso en Is code. Es posible que hays un foram/ado que Listed pueda user pare su respuesta.
Puede &manlier safes formularies de Is code y mas informacin en at Centro de Ayuda de las Cartes de California (www.sucorte.ca.gov), en Is
biblioteca de /eyes de su sanded a en Is carte que le quede reds coma. Si no puede pagan I a cuota de presentecin, pida al secreted de la code
quo le de un formulario de exencin de pogo de cuota.s. Si no presents su respuesta a germ" puede perder et case par incumplimiento yla code le
pock* guitar su sue/do, dinem y bienes sin Ines advertencia.
Hay otros requisitos legates. Es recomendable que Ilame a un abogado inmediatamente. S/no cameo a un abogado, puerto Asmara un servicia de
remision a abogados. Si no puede pagers un abogado, es pasible que cumpla con los requisites pare obtener servicios legates gratukos de un
programs de servicios legates sin fines de lucro. Puede encontrarestos grupos sin lines do lucre one! sdib web de California Legal Services,
(www.tawhelpcallfornia.org), one! Centro de Ayucia de las Codes de California. (www.sucorte.ce.gov) o pc:Vendee& en contact con la carte oat
core& de abogados locales. AMID: Parley. Is Cade tiene derecho a nsclarner las cuotas y las castes exentos por knpcmer urt gravamen sabre
cualquier nacuperacin de $10,000 ads de valor roe/bide rnediante un acuerdo a una concesion de arbitraje en un cam de derecho civil. Time que
pagers! gravamen de la code antes de que Is code merle desechar at caso.

The name and address of the court is:


(EI nombre y

*Mr 1 5 ir 5 4 4

direccin de Is cone es):

San Francisco Superior Court


400 McAllister Street, San Francisco, CA 94102
The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
(El nombre, Is direccion y et nmero ge telfono de( abogado del demandente, ode! demandante quo no hone abogado es):

415-576-1600
Sandra Ribera Speed, Esq., Ribera Law Firm, APC, 157 West Portal Ave., Suite 2, San Francisco, tA 94127

APR
DATE:
MEREDn-H
CLERK OF THE COURT Clerk, by
(Fecha)
(Secretarto)
(For proof of service of this summons, use Proof of Service of Summons (form P05-010).)
(Para prueba de entrega de taste citatiOn use el formutario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served
IRT OF
1. = as an individual defendant.
2. I I as the person sued under the fictitious name of (spectr):

28 2015'

GRIER

I 1

on behalf of (specify):

under:

4. I
FOIV1 Adopted for Mandatory Use

Judicial Coma of Ca/Worlds


SUM-100 [Rev. July1. 2009]

CCP 416.10 (corporation)


ni CCP 416.60 (minor)
CCP 416.20 (defunct corporation)
f I CCP 416.70 (conservatee)
CCP 416.40 (association or partnership) ni CCP 416.90 (authorized person)
other (specify):
1 by personal delivery on (date):

EJ

SUMMONS

Pape loft
Coda of Civil Procedure 55 412.20, 488

www.couretto.ce.gov

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 4 of 55

1
2
3
4
5

Sandra Ribera Speed, Esq. (SBN 236769)


RIBERA LAW FIRM
A Professional Corporation
157 West Portal Avenue, Suite 2
San Francisco, CA 94127
Tel: (415) 576-1600 Fax: (415) 842-0321
Attorneys for Plaintiff, JOHN DOE

FI LED

sapp,
anatcocoumvsu0e.r

APR 242015

CLERK F

SUPERIOR COURT OF flik, STATE OF CALIFORNIA

FOR THE CITY AND COUNTY OF SAN FRANCISCO

10

) Case G C - 1 5 5 4 5 5 4 0

JOHN DOE,

12
13

Plaintiff,
V.

14
15
16
17
18
19
20
21
22
23
24
25
26

OURT
titY

11

colla

KINK.COM; KINK STUDIOS, LLC;


KINK1VIEN.COM; CYBERNET
ENTERTAINMENT, LLC; ARMORY
STUDIOS, LLC; PETER ACWORTH; VAN
DARKHOLME and DOES 1 through 50,
Inclusive,
Defendants.

)
) 1. NEGLIGENCE,
) 2. NEGLIGENCE PER SE,
) 3. INTENTIONAL/FRAUDULENT
) MISREPRESENTATION,
) 4. CIVIL CONSPIRACY TO COMMIT
) INTENTIONAL/FRAUDULENT
) MISREPRESENTATION,
) 5. BREACH OF IMPLIED COVENANT
) OF GOOD FAITH AND FAIR
) DEALING,
) 6. NEGLIGENT SUPERVISION,
) 7. NEGLIGENT HIRING AND/OR
) RETENTION, and
) 8. INTENTIONAL INFLICTION OF
) EMOTIONAL DISTRESS
)
). Prayer for Punitive Damages
) JURY TRIAL DEMANDED
)
)
)
)
)
)

27
28

CASE NO,:
JOHN DOE v. KINK.COM, 0 - COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 5 of 55

Plaintiff JOHN DOE hereby requests a trial by jury of all issues in this matter.

2 COMES NOW, Plaintiff JOHN DOE and alleges as follows:


3

PARTIES

1. Plaintiff JOHN DOE (hereinafter "JOHN DOE" or "Plaintiff') is a resident and

citizen of the State of New York where he is a student. At all relevant times contained herein,

Plaintiff worked for Defendants, and each of them, in San Francisco, California.

2. Plaintiff alleges that Defendant CYBERNET ENTERTAINMENT, LLC (hereinafter

"CYBERNET'") is a Limited Liability Corporation registered to do business in the State of

California, and is authorized to transact and is transacting business in the internet pornography

10

and the pornographic film industry in the State of California. Defendant CYBERNET maintains

11

a headquarters at 1800 Mission Street, San Francisco, CA. The agent for service of process is

12 Defendant PETER ACWORTH.


13

3. Defendant KINK.COM is a corporation duly organized and existing under and by

14

virtue of the laws of the State of California and is authorized to transact and is transacting

15

business in the internet pornography and the pornographic film industry in the State of

16

California. Defendant KINK.COM maintains a headquarters at 1800 Mission Street, San

17 Francisco, California. The agent for service of process is Defendant PETER AC WORTH.
18

4. Defendant KINK STUDIOS, LLC (hereinafter "KINK STUDIOS"); is a corporation

19

duly organized and existing under and by virtue of the laws of the State of California and is

20

authorized to transact and is transacting business in the internet pornography and the

21

pornographic Elm industry in the State of California. Defendant KINK STUDIOS maintains a

headquarters at 1800 Mission Street, San Francisco, California. The agent for service of process
22
23 is Defendant PETER AC WORTH.
24

5. Defendant KINKMEN.COM (hereinafter "KINKMEN") is a corporation duly

25

organized and existing under and by virtue of the laws of the State of California and is

26

authorized to transact and is transacting business in the internet pornography and the

27

pornographic film industry in the State of California. Defendant KINK1MEN maintains a

28

headquarters at 1800 Mission Street, San Francisco, California. The agent for service of process

2
CASE NO.:
JOHN DOE v. KINK COM, et st.- COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 6 of 55

1
2

is Defendant PETER ACWORTH.


6.

Defendant ARMORY STUDIOS, LLC (hereinafter "ARMORY") is a corporation

duly organized and existing under and by virtue of the laws of the State of California and is

authorized to transact and is transacting business in the internet pornography and the '

pornographic film industry in the State of California. Defendant ARMORY maintains a

headquarters at 1800 Mission Street, San Francisco, California. The agent for service of process

is Defendant PETER AC WORTH.

8
9
10

7.

Defendants CYBERNET, KINK-COM, KINK STUDIOS, lNKMEN, and

ARMORY, will be referred to collectively as "KINK Defendants," unless otherwise noted.


8.

KINK Defendants, and each of them, are headquartered in the San Francisco Armory

11

at 1800 Mission Street in San Francisco, California. The Armozy building is a 200,000 square.

12

foot 1914 reproduction of a Moorish Castle that served as a National Guard Armory and Arsenal

13

until the 1970s. In 2006, the Armory was purchased by Defendant PETER AC WORTH for the

14

purposes of transacting business in the internet pornography and pornographic film industries.

15
16
17
18

9.

Upon information and belief, Plaintiff alleges that Defendant PETER ACWORTH

(hereinafter "ACWORTH") is the owner of KINK Defendants and each of them.


10. Upon information and belief, AC WORTH works and resides in San Francisco,
California.

19

11. KINK.COM, found at http://www.kink.com, is a website which hosts and provides

20

links to approximately thirty (30) additional pornographic websites providing sexually explicit

21

adult photographs, video and other graphic sexual content.

22

12. Defendant KINK.COM comprises a network of fetish and BDSM (bondage,

23

discipline, sadism, masochism) sites, including over two dozen premium subscription sites, a fr

24

documentary news site, an interactive live cam site, and an on-demand site that allows customers

25

to purchase every pornographic shoot ever published by the company on an individual basis.

26

13. Defendant KINKMEN.COM was launched in 2008 with the release of

27

BoundGods.com, a gay bandage site. At all relevant times referenced herein, well-known

28

pornographic actor and director, Defendant VAN DARKHOLME (hereinafter

3
CASE NO.:
JOHN DOE v. KINK.COM, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 7 of 55

"DARKHOLME"), directed all KJNICMEN.COM programming. KINKIvIEN is comprised of

five sites, including NakedKombatcom, a hardcore wrestling site, and MenOnEdge.COM, a

BDSM edging site.

14. Upon information and belief, at all relevant times referenced herein, DARKHOLME

worked and resided in San Francisco, California. DARKHOLME has worked and continues to

be employed by the KINK Defendants and Defendant ACWORTH as an adult pornographic film

director.

15. All Defendants will be referred to collectively as "Defendants."

16. The true names and capacities of DOES 1 through 50, whether individual, corporate,

10

government, associate or otherwise, are unknown to Plaintiff who therefore sues said defendants

11

by such fictitious names. Plaintiff will amend this complaint to allege their true names and

12

capacities when ascertained.

13

17. Plaintiff is informed and believes, and thereon alleges, that Defendants were the

14

agent, servant, employee and representative of each of the other Defendants. In performing the

15

acts herein alleged, Defendants were acting within the course and scope of such agency or

16

employment, and with full knowledge, permission, authorization, ratification, active assistance

17

and encouragement, and/or consent, express or implied, of each of the other Defendants. All

18

actions of the Defendants alleged in the causes of action into which this paragraph is

19

incorporated by reference were ratified and approved by the officers or managing agents or

20

member of every other defendant.

21

STATEMENT OF FACTS

22

18. Plaintiff began working for the KINK Defendants in 2011. Plaintiff's talent agent was

23

contacted by a representative at KINK.COM about his potential to perform sex acts in

24

pornographic videos produced specifically for intemet broadcasts.

25
26
27
28

19. Plaintiff was excited to have the opportunity to work with KINIC.COM, one of the
largest and most successful companies in the pornographic film industry.
20. KINK.COM's website includes claims that KINK.COM has "one of the best
reputations" in the adult pornographic film industry for "respectful and fair treatment of models,'

4
CASE NO.:
JOHN DOE v. KINICCOM et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 8 of 55

and that the company provides "clean, comfortable working conditions and an honest and

approachable crew." KINK.COM vows to "ensure that models fully understand their rights and

feel empowered to stop or alter a scene at any time."


21. Further, KINK.COM "ask(s) all directors to follow a strict set of shooting rules so

4
5

that all of our content conforms with our company values; we treat our models as professionals

and compensate them generously for their talent"


22. Plaintiff was reassured that working for KINK.COM was a wise, safe decision, and

he was eager to advance his career.

23. From November?, 2011 to May 3, 2013, JOHN DOE performed for Defendants, and

each of them, in pornographic videos.

10
11

24. All communications regarding JOHN DOE's work in Defendant KINK.COM's

12

videos originated from KINK.COM electronic mail addresses. Most of the communications had

13

KINKMEN.COM and "The Armory" in the signature portion. JOHN DOE's contract for work

14

with KINK.COM lists CYBERNET as the "Producer" and many of the contract pages refer to

15

KINK.COM.
25. At a typical intemet video shoot in which JOHN DOE performed for KINK

16
17

Defendants, there were numerous people on set, including the director, one or two camera

18

operators, one or more prciduction assistants, and several other workers, who were employed by

19

one or more KINK Defendants.


26. Also at a typical interne video shoot, there were one or two staff members of KINK

20

Defendants present and dedicated to management of the event.

21

27. At a typical intemet video shoot, JOHN DOE would be one of several other models

22
23

and actors hired by KINK Defendants. Usually, there would be one main "dom" or actor playin

24

the dominant role in the sexual act(s); one "co-doni," also playing a dominant role in the sexual

25

act(s); JOHN DOE, who usually performed as the "submissive" or "sub;" and four to five

26

"extras" or additional models who would participate in the video shoot.


28. JOHN DOE was aware that despite KINK Defendants' expressed dedication to

27

sexually transmitted disease (STD) and human immunodeficiency virus (HIV) testing of all

28

CASE NO.:
JOHN DOE v. KINK.COM, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 9 of 55

models, KINK Defendants were only requiring the heterosexual models to have STD and HIV
2

testing panels performed before each and every video shoot The homosexual models were not

required to be tested before every shoot. Moreover, if an STD or HIV was transmitted during a

heterosexual shoot, production of the shoot halts until everyone is tested and the source of the

infection is confirmed. Such is not the case with homosexual shoots.

29, During the time Plaintiff worked for the KINK Defendants as a model, he was only

asked once to submit his test results to KINK Defendants and that was before a heterosexual

filming. For all of the homosexual shoots he did, Plaintiff was never once asked by KINK

Defendants to submit his HIV/STD test results.

10

30. Further, KINK Defendants endangered all models at intemet video shoots with the

11

dangerous practice of inviting (non-tested) members of the general public to participate in sexual

12

acts during filming. KINK Defendants would regularly issue a mass electronic mail invitation to

13

the general public sometime in advance of the filming date, inviting them to participate. KINK

14

models were placed at significant risk for exposure and infection of STDs and HIV through

15

contact with these untested, unidentified members of the general public. KINK.COM continued

16

this business practice in direct violation of California law, as set forth herein, and KINIC.COM's

17

own stated principles of strict adherence to the safety and well-being of KlNK.COM employees

18

and models. KINK.COM regularly and repeatedly placed the health and safety of its models and

19

employees at serious risk.

20

31. During the years JOHN DOE worked for KINK Defendants, condom usage by the

21

actors and models was not required (unless explicitly specified), but could be requested. The

22

models were told they had the right to request a condom to be worn at any time, and that this

23

request would be honored without question.

24

32. On November 8, 2011, at Plaintiffs first filming with Defendants, Plaintiff observed

25

another model being given an injection of a prescription sexual performance-enhancing drug into

26

his penis. The medication was provided by Defendants to the performers on the shoot without a

27

prescription even through it was prescription medication. Upon witnessing this, Plaintiff JOHN

28

DOE requested to Defendants that he not be required to perform oral sex on the performer who

6
CASE NO.:
JOHN DOE v. KINK.COM, et iL COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 10 of 55

had been injected with .the medication. Plaintiff's request was denied. Plaintiff then exercised
2

his right to request that a condom be worn by the performer who had received the injection.

Plaintiffs request was again denied by Defendants. Plaintiff next requested that he be allowed

perform oral sex on the performer away from the location of where the performer had an open
wound as a result of the injection. Plaintiffs request was again explicitly denied by Defendants

putting JOHN DOE's health and safety in serious jeopardy and violating KINK Defendants

stated policies. Defendants conveyed to Plaintiff that if he pushed the condom-issue, he would b

out of a job. Plaintiff; being a student who wanted to earn some quick money so that he could

focus on his studies, kept his mouth shut following this incident.

10

33. On another occasion, Plaintiff was on one of Defendants' shoots where his penis had

11

been tied with twine. The twine cut Plaintiff's penis and caused it to bleed while filming.

12

Defendants took a cloth and wiped the blood. When Plaintiff inquired whether it was safe to

13

continue, Defendants replied that it was fine.

14

34. On January 10,2013, Plaintiff JOHN DOE was hired by the KINK.COM Defendants

15

and ACWORTH to perform sex acts in a pornographic video under the direction of Defendant

16

DARKHOLME.

17

35. During the January 10,2013 video shoot, a non-sterile object was inserted into JOHN

18

DOE's urethra against his express objection and placing him at significant risk of infection_

19

36. ICINK.COM claims to uphold a strict policy that models are entitled to personally

20

sanitize any items that are used on them. Before the non-sterile object was inserted into JOHN

21

DOE's urethra, he requested it be sterilized. Director DARKHOME expressly denied Plaintiffs

22

request.

23

37. Defendant DARKHOLME not only placed Plaintiff s health at significant risk, he

24

violated.KJNK Defendants' filming rules specifically applicable to Directors, stating in part "It is

25

your [the director's] responsibility to ensure the safety of the model on set. It is your

26

responsibility to ensure the shooting rules are adhered to."

27

38. After Plaintiff JOHN DOE's request for sterilization was expressly denied by

28

Defendant DARKHOLME, Plaintiff felt pressured to continue to perform or he could lose his

7
CASE NO.:
JOHN DOE v. KINIC.COM, et al COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 11 of 55

1
2

job.
39. On February 20,2013, SF Weekly published a front page article titled "Gag Order: Sex

Workers Allege Mistreatment at Kink.com." In the article, author Kate Conger outlines

ACWORTH's recent arrest for cocaine possession, stating "many were surprised by the misstep

from a man who's built his empire on a strict code of ethical behavior and transparency..." Ms.

Conger continues:

7
8
9
10
11
12
13
14
15

"However, even as Kink flourishes it's nearly doubled the


number of sites it operates since moving into the Armory doubts
about its ethical standards linger. The Company attracted unwanted
attention last summer when it abruptly switched its cam girls' pay
rate and sparked a debate about its commitment to models' rights.
Now, two former models allege they were denied workers'
compensation when injured on Kink sets, one of whom further
states she was coerced into a performance that left her with longstanding injuries and was offered money in exchange for keeping
quiet about those injuries. Other workers claim to have been
terminated...when they questioned Kink's business practices,
including the use of an erectile dysfunction drug called Trimix.

17

The potential legal quandaries revealed by former Kink models


challenge Acworth's ethical claims, and this isn't the first time
he's been called out for going against his models' rights and
shooting rules."

18

40. In detailing a lawsuit filed by Ms. Holloway, a former "cam girl" model, against

16

19 KINK.COM, Ms. Conger elaborated in SF Weekly, "Eden Alexander, a model who has
20

performed for Kink's cam site as well as other porn sites and did not participate in the lawsuit,

21

claims Holloway's firing created a culture of fear in the cam department. She says models

22

became afraid that voicing concerns meant risking their jobs. 'You're in a position where if you

23

don't follow along, you're going to lose shoots,' she explains."

24

41. On March 26,2013, Plaintiff was emailed by Mike Scott from KINK.COM

25

requesting that he take part in a May 3, 2013 video shoot. The email explicitly stated the

26

following, "This is a condom and barrier protection required shoot."

27

42. In April of 2013, JOHN DOE was contacted by KINK.COM's Talent Coordinator

28 Bobby Sanchez about performing in BoundInPublic.com's May 3, 2013 video shoot. JOHN

8
CASE NO.;
JOHN DOE v. KINK.COM, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 12 of 55

DOE agreed to appear for the shoot and KINK.COM provided paid airfare for him to travel to

and from San Francisco.


43. On May 3, 2013, JOHN DOE appeared for the Bound in Public shoot at The Armory

3
4

in San Francisco, California.


44. The May 3, 2013 video shoot (or "May 3 shoot") was directed by Defendant

DARKHOLME. JOHN DOE was to act as the "bottom," or submissive actor in BDSM sexual
7

activities (bondage/discipline, dominance/submission, sadism/masochism). The "bottom" is the

star and primary focus of a video shoot. The May 3 shoot was a special, annual public event

called the "Rubber Party," in reference to the liquid latex which was poured over the models'

10

bodies. The shoot would start at a much later time than an average shoot typical shoots are

11

filmed in the afternoon, but the May 3 shoot was to run from 11:00 pm to 3:00 am and there was

12

alcohol on set. A much larger than average number of "guests" or members of the public were in

13

attendance to partake in the shoot. While there were seven models who performed at the May 3

14

shoot, there were on average between 30-40 members of the public who also participated in the

15

shoot.

16

45. During the May 3 shoot, several of the guests, who were members of the public, were

17

allowed to participate in the sexual activities with the models. In direct contradiction to KINK

18

Defendants' stated policies and in violation of California Code of Regulations, these members of

19

the public are not tested for STDs or HIV prior to their involvement in filming. KINK

20

Defendants' models are encouraged to interact with members of the public, and get paid extra to

21

do so. Each interaction a model has with a member of the public will earn him another $100.00

22

in his total compensation. As models typically earn between $1,000.00 to $2,000.00 per video

23

shoot, they can significantly increase their income through these interactions with the public.

24

46. At the May 3 shoot, Plaintiff JOHN DOE was forced by Defendants to sexually

interact with almost every member of the public. While Plaintiff was physically restrained and
25
26 blindfolded, Defendant DARKHOLME is clearly seen on video footage forcefully pushing
Plaintiff's head and mouth into the penises of dozens of men to perform oral sex on them. None
27
28 of these performers were wearing a condom nor were any bathers used. Defendant

9
CASE NO.:
JOHN DOE v. KINICCOM, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 13 of 55

DARHOLME was so powerfully thrusting Plaintiff's head that Plaintiff is heard making gagging
2
3

sounds at several points during the shoot.


47. During the May 3 shoot, the inside of Plaintiff's mouth sustained a cut. Plaintiff took

a sip of water and noticed some blood in his mouth. Plaintiff did not mention this to Defendant

DARICHOLME. Since Plaintiff's requests of no oral sex and condom usage had been denied in

the past by Defendants, Plaintiff knew that similar requests would be denied on this occasion.

7 Plaintiff also knew from his previous experiences that Defendant DARKHOLME did not grant
8

the requests of the models, including Plaintiff's own previous request for a condom to be worn

on the penis of another model. Plaintiff also did not want to risk losing his job.

10

48. Plaintiff JOHN DOE returned to New York after the May 3 shoot. After

11

approximately fifteen days, he began to experience fever, chills, sweats, tiredness and malaise.

12

He visited the doctor May 22,2013, who administered three different types of HIV tests.

13
14
15

49. On June 3, 2013, Plaintiff JOHN DOE was devastated to learn that he was HIV
positive. He received confirmatory test results on June 10, 2013.
50. On his walk home from his initial diagnosis, JOHN DOE strongly considered

16 jumping off New York City's Washington Bridge to commit suicide. He quickly spiraled into a
17

deep depression.

51. Through a meticulous process of elimination and based on expert medical advice,
18
19 Plaintiff JOHN DOE determined he had contracted HIV at Defendants' May 3, 2013 shoot.
20
21

52. Plaintiff JOHN DOE contacted the KINK Defendants and notified them of his
diagnosis. He spoke with employees Jessie Lee and Bobbie Sanchez.

22

53. KINK Defendants failed to report Plaintiff JOHN DOE's diagnosis to the AIDS

23

Healthcare Foundation (AHE), Cal/OSHA, or the Free Speech Coalition (FSC). Had KINK

24

Defendants notified any of these entities, as they would have if it were a heterosexual shoot, a

moratorium on filming in the porn industry would have occurred, requiring all sex workers to be
25
26 tested for HIV before filming would resume.
27
28

54. Had KINK Defendants properly reported Plaintiff JOHN DOE's diagnosis to the
appropriate authorities, the source of JOHN DOE's HIV infection could have been located and

10
CASE NO.:
JOHN DOE v. KINK.CONI, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 14 of 55

1
2

the further spread of the infection could have been prevented.


55. In the following months, beginning in August, four more performers in California

would be diagnosed with HIV. At least two of those workers have traced their infection back to

their work with KINK Defendants. In her last shoot while working for Kink Defendants,

5 Cameron Bay was directed to continue to perform sexual acts on a male model even though there
6
7

was blood and a visible cut on the model's penis.


56. On September 16, 2013, after seeing fellow sex worker Cameron Bay's
announcement through the AHF that she was diagnosed with HIV, JOHN DOE also contacted
the AHF. Mark McGrath of the AHF assisted JOHN DOE in compiling a complaint to file with

10 the Division of Occupational Safety and Health (OSHA).


11
12

57. On September 18, 2013, the AIDS Healthcare Foundation held a press conference an
announced that several pornographic video actors received positive HIV tests, including three

13 who had worked for KINK Defendants.


14

58. Among those performers that worked for KINK Defendants who tested positive for

15

HIV was Patrick Stone, who tested positive on September 10,2013. Stone told SF Weekly that

16

KINK Defendants had contacted him to perform in a video shoot even after he had notified them

17

of his HIV positive status.


59. On January 30,2014 the State of California Division of Occupational Safety and

18
19

Health, Cal/OSHA High Hazard Compliance Unit issued an eighteen-page Citation and

20

Notification of Penalty to KINK Defendants imposing a fine of $78,710.

21

60. The Citation and Notification of Penalty asserted multiple violations of Title 8 of the

22

California Code of Regulations (CCR), including violations classified as "General,"

23

"Regulatory," and "Serious" by KINK Defendants:

24
25

a. Unauthorized use of flexible cords and cables not specifically permitted by


CCR Section 2500.7 (Citation I Item 1 General);

26

b. Failing to maintain records of safety training given to employees required by

27

Title 8 CCR 3203(b)(2) and subsection (a)(7) (Citation 1 Item 2 Regulatory

28

c. Failing to provide adequate fast-aid materials to employees on every job, in

11
CASE NO.:
JOHN DOE v. ICINIC.COM, et at COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 15 of 55

1
2

accordance with CCR 3400(c) (Citation 1 Item 3 General);


d. Failing to require employees to undergo the Hepatitis B vaccination or, if they

decline, sign a statement mandated by CCR 5191(f)(2XD) Appendix A

(Citation 1 Item 4 Regulatory);

e. Failing to keep Cal/OSHA injury and illness records and Cal/OSHA Form 301

Injury and Illness Incident Reports in accordance with CCR 14300.01(a)(2)

(Citation 1 Item 5 Regulatory);

f. Failing to provide records demanded by an authorized government


representative within four (4) business hours, according to CCR 14300.40(a)

10
11

(Citation 1 Item 6 Regulatory);


g. Failing to establish, implement and maintain an effective Injury and Illness

12

Prevention Program (11 P) which meets the standards of CCR 3203(a) for

13

employees exposed to workplace hazards including, but not limited to,

14

electrical ha7ards and sexually transmitted illnesses in the course of producing

15

adult videos (Citation 1 Item 7 General);

16

h. Failing to record the steps taken to implement and maintain the Injury and

17

Illness Prevention Program in accordance with CCR 3203(b)(1) (Citation 1

18

Item 8 Regulatory);

19

Failing to establish, implement and maintain an effective Exposure Control

20

Plan which is designed to eliminate or minimize employee exposure in

21

accordance with CCR 5193(c)(1), and which is also consistent with Section

22

3203. "At and prior to the time of the Cal/OSHA inspection, CYBERNET had

23

not established and implemented an effective exposure control plan to protect

24

employees who had reasonable anticipated contacted with blood or Other

25

Potentially Infectious Materials (OPIM) from the hazards of bloodbome

26

pathogens CYBERNET had not developed and implemented procedures or

27

schedule for: (d) methods of compliance, including engineering controls and

28

work practices; (f) hepatitis B vaccination and post-exposure evaluation and

12
CASE NO.:
JOHN DOE,. ION1C.COM, et aL COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 16 of 55

follow-up; and(h) recordkeeping." (Citation 2 Item 1 Serious);

1
2

j.

Failing to observe universal precautions to prevent contact with blood or Other

Potentially Infectious Materials (OPIM) in accordance with CCR 5193(d)(1).

"On or before 8/9/13, employees of CYBERNET who had reasonably

anticipated contacted with blood or OPIM were exposed to the hazards of

bloodbome pathogens. CYBERNET did not observe Universal Precautions

which exposed employees to blood and OPIM dining production activities

associated with adult content videos." (Citation 3 Item 1 Serious);

k. Failing to satisfy the general requirements of Engineering and Work Practice

10

Controls in accordance with CCR 5193(d)(2). "On or before 8/9/13, employees

11

of CYBERNET who had reasonably (sic) anticipated contacted (sic) with

12

blood or Other Potentially Infectious Materials (OPIM) were exposed to the

13

hazards of bloodbome pathogens. CYBERNET did not require the use of

14

engineering controls and work practice controls during production activities

15

associated with adult content videos to eliminate and/or minimize employee

16

exposure to blood and OPIM." (Citation 4 Item 1 Serious).

17

61. On February 4,2014, SF Weekly published an article titled "Bay Area Porn

18

Companies Slapped With Fines for Not Using Condoms," making specific reference to KINK

19

Defendants' fine of $78,710.00 by OSHA for workplace safety hazards. According to writer

20

Kate Conger, "The majority of the fines were for allowing performers to work without using

21

condoms... The fine is one of several that OSHA has issued.., and follows in the wake of

22

several HIV scares in the industry... Porn production was forced to halt industry-wide several

23

times last year, after performers tested positive for HW, including Cameron Bay, a performer

24

who worked at Kink shortly before her diagnosis."

25
26
27
28

62. The article further elaborates:


Although the complaints that sparked OSHA's investigations into
Kink.., are sealed to protect the identities of whistle-blowing
employees, the AIDS Healthcare Foundation has publicly stated
that it filed complaints against both companies. Its complaint

13
CASE NO.:
JOHN DOE,. KINICCOM, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 17 of 55

2
3
4
5
6
7

against Kink claims Bay may have contracted HIV on set "We
have reason to believe that on 7/31/13 adult film employees were
exposed to bloodbome pathogens and other potentially infectious
materials... An employee from this production named Cameron
Alexandria Adams (AKA Cameron Bay) tested positive for the
Human Immunodeficiency Virus (HIV) as early as 8/19/13... Ms.
Adams engaged in acts considered high-risk for the transmission of
HIV, including multiple sex partners and acts resulting in trauma
to vaginul, oral, and anal mucosa. Additionally, a large group
estimated at 10-12 individuals, including production staff, are
likely to have been exposed."

63. At the time, Defendant ACWORTH incorrectly and misleadingly claimed the

complaints which prompted the OSHA investigation were not made by actual people who worje

10

for KINK Defendants, "but by outside groups with a long history of opposition to adult film."

11

Mike Stabile, a spokesperson for KINK Defendants told SF Weekly, "The fines were not related

12

to a particular incident, but rather about our policy of leaving the choice to use a condom up to

13

the performer."

14

64. As exhibited by Plaintiff JOHN DOE's allegations above, the choice of whether to

15 use a condom while in the employment of KINK.COM is not left up to the performer. Although
16

KINK Defendants' policies represent that an actor or model can request a condom at any time

17

and one will be used, this policy has not been enforced. As evidenced above, Defendant JOHN

18

DOE attempted to exercise his right to request a condom and his request was wrongfully denied

19

resulting in serious risk to his health and contributing to the neglectful, unsafe, and illegal

20 environment at KINK Defendants.


21

65. Condom usage in the pornographic film industry has been a widely debated topic in

22 recent years. Condoms are now mandatory in Los Angeles County pornographic film
23

productions, which has resulted in a significant decrease in the filming of pornographic materials

24 in Los Angeles County. While California Health & Safety Codes do require condom usage
25

during filming within the entire state of California, the law does not require condom use to be

26

enforced in San Francisco. As a result, a porn production company can be cited and fined by the

27

State of California Division of Occupational Safety and Health (CAL/OSHA) for not requiring

28

condoms to be worn during performances on set, but it is not an actionable violation of

14
CASE NO.;
JOHN DOE v. IGNK.COM, et I. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 18 of 55

California statute. Pornographic film producers vehemently argue that condoms use should not
2

be required during filming, arguing that audiences find actors performing sex acts without

3 condoms much more exciting.


4

66. During the years Plaintiff was employed with the KINK.COM Defendants,

mandatory safety regulations were blatantly ignored, necessary precautionary measures to

protect the health of the models and studio staff were not taken, and homosexual models were

7 blatantly discriminated against by KINK Defendants, AC WORTH, and DARKHOLME.


67. Defendants have a documented history of failing to create, implement, and uphold
safety regulations to protect its models. Instead, Defendants promote unsafe and reckless sex
10

practices in order to increase membership and viewership of their online porn site. In so doing,

11 KINK Defendants, ACWORTH, and DARKHOLME, consciously disregarded the rights and
12

safety of Plaintiff and other models working for KINK Defendants by prioritizing corporate

13

profits over human lives.

14

68. Since Plaintiff JOHN DOE's HIV diagnosis, he has been suicidal and seriously

15

depressed. He is constantly bombarded by people intent to destroy him as a person, because they

16

view him as dangerous, or disgusting. He is stigmatized and afraid of being alone forever. He is

17

no longer able to socialize like a normally functioning member of society, and social situations

18

feel negative and isolating. Plaintiff feels like an outcast, disposable. He had been called a

19

disgusting person and told he should kill himself, to his face, simply because he has HIV.

20

Plaintiff faces constant discrimination clue to being HIV positive. He is unable to be intimate

21

with anyone before first giving them a health lesson on HIV, and even then, romantic partners

22

are afraid. Taking daily medication is a constant reminder to Plaintiff of his diagnosis and the

23

feelings he has related to that diagnosis.

24

69. There are now countries Plaintiff JOHN DOE will never be able to travel to because

25

they will not allow visitors diagnosed with HIV. There are now many jobs he will never be able

26

to hold, such as some occupations in the health care industry, due to the risk of accidental

27

transmission of HIV.

28

70. Plaintiff JOHN DOE lives in constant fear of what could happen if he was unable to

15
CASE NO.:
JOHN DOE,. K1NKCOM, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 19 of 55

receive his medication. He is terrified of losing his health insurance.


2

71. Plaintiff JOHN DOE was previously very healthy, and never needed to rely on

medications. Today, he must visit his ta-eating physician at least once every three months. He

must take three medications daily, Truvada and Prezista, which collectively cost between $2000

and $3000/mo, and Norvir, for $200/mo. He hates relying on medications and wanted to avoid

taking anything unnecessary. He worries the pharmacy will make a mistake with his

prescriptions or be unable to refill them and his health will suffer greatly as a result.

72. As a result of the medications, Plaintiff has developed gastrointestinal problems and

is now lactose intolerant. He must be careful to avoid taxing his liver or kidneys.

10

73. Plaintiff has lost hope for the future as a result of his diagnosis.

11

74. Plaintiff is informed and believes and therefore, alleges, that each of the Defendants

12

designated herein caused injury and damages proximately thereby to Plaintiff as herein alleged,

13

and are, therefore, responsible to Plaintiff for the damages herein requested.
FIRST CAUSE OF ACTION

14

17

NEGLIGENCE
(against KINK.COM; KINK STUDIOS, LLC; KINKMEN.COM; CYBERNET
ENTERTAINMENT, LLC; ARMORY STUDIOS, LLC; PETER ACWORTH; VAN
DARKIIOLME and DOES 1-50)

18

75. Plaintiff incorporates each and every paragraph of the Complaint as though fully set

15
16

19
20

forth in the cause of action.


76. Defendants had a duty to have a work place safety specialist at the May 3 shoot to

21

ensure adequate personal protective equipment was available at the shoot. Defendants had a duty

22

to inspect all performers for cuts, sores, and lesions. Defendants had a duty to have a

23

Bloodbome Pathogen Exposure Control Plan in order to assist in implementing and ensuring

24

compliance with the Cal OSHA standards for blood borne pathogens to protect employees and

25

contractors. Defendants had a duty to maintain appropriate health records of their performers,

26 including STD and HIV tests before shooting commenced. Defendant DARICHOLME had a duty
27
28

as director of the May 3 shoot to enforce the use of condoms at the shoot
TT. Defendants breached each and every duty referenced above, which was owed to
16
CASE NO.
JOHN DOE v. KINKCOM, et it COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 20 of 55

I
2
3

Plaintiff.
78. Defendants, by and through their managing agents, knew of and condoned the
behavior of Defendants. The acts complained of herein were adopted, approved, condoned

4 and/or taken by one or more managing agent of Defendants each of whom had the authority to
5.

make policy and/or to direct a substantial portion of its business.


79. Defendants breach of each of the above-referenced duties was a substantial cause of

Plaintiff's injuries.
80. As a direct and proximate result of the aforementioned conduct of Defendants, and
each of them, Plaintiff has suffered damages in the form of physical harm when he contracted

10

HIV while performing at the May 3, 2013 shoot. Plaintiff has incurred and will continue to incur

11

significant costs for medical treatment, medications, and all other related expenses for the

12

treatment of his contracted illness.

13

81. As a direct and proximate result of the aforementioned conduct of Defendants, and

14

each of them, Plaintiff has suffered damages including, but not limited to, past and future lost

15

earnings and medical and/or psychological treatment expenses, all within the jurisdictional limits

16

of this court. The exact amount of said losses will be stated according to proof at trial.

17
18

82. As a further direct and proximate result of the aforementioned conduct of said
Defendants, and each of them, Plaintiff has suffered mental and emotional distress including, but

19 not limited to, great derision and embarrassment amongst members of the community and
20

family, he has also suffered severe emotional distress, including, but not limited to, anxiety, fear,

21

humiliation, mental anguish, depression, and post-traumatic stress disorder, all to his general

22

damage, in an amount to be stated according to proof at trial.

23
24
25
26
27
28

SECOND CAUSE OF ACTION


NEGLIGENCE PER SE
(against KINK.COM; KINK STUDIOS, LLC; KINKMEN.COM; CYBERNET
ENTERTAINMENT, LLC; ARMORY STUDIOS, LLC; PETER AC WORTH; VAN
DARKHOLME and DOES 1-50)
83. Plaintiff incorporates each and every paragraph of the complaint as though fully set

17
CASE NO.:
JOHN DOE v. KTNXCOM, et al COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 21 of 55

forth in the cause of action.

84. At the May 3 shoot, Defendants were required by California Code of Regulations

Title 8, Section 5193 to have performers use barrier protection including condoms, to protect

them during the production of adult films.

85. Defendants violated the following laws:

a. Failing to establish, implement and maintain an effective Exposure Control Plan

which is designed to eliminate or minimize employee exposure in accordance

with California Code of Regulations Title 8, Section 5193 (c)(I), and which is

also consistent with Section 3203. "At and prior to the time of the Cal/OSHA

10

inspection, CYBERNET had not established and implemented an effective

11

exposure control plan to protect employees who had reasonable anticipated

12

contacted with blood or Other Potentially Infectious Materials (OPIM) from the

13

ha7ards of bloodbome pathogens CYBERNET had not developed and

14

implemented procedures or schedule for: (d) methods of compliance, including

15

engineering controls and work practices; (1) hepatitis B vaccination and post-

16

exposure evaluation and follow-up; and(h) recordkeeping." (Citation 2 Item 1

17

Serious);

18

b. Failing to observe universal precautions to prevent contact with blood or Other

19

Potentially Infectious Materials (OPIM) in accordance with California Code of

20

Regulations Title 8, Section 5193 (d)(1). "On or before 8/9/13, employees of

21

CYBERNET who had reasonably anticipated contacted with blood or OPIM were

22

exposed to the hazards of bloodbome pathogens. CYBERNET did not observe

23

Universal Precautions which exposed employees to blood and OPIM during

24

production activities associated with adult content videos." (Citation 3 Item 1

25

Serious);

26

c. Failing to satisfy the general requirements of Engineering and Work Practice

27

Controls in accordance with California Code of Regulations Title 8, Section 5193

28

(d)(2). "On or before 8/9/13, employees of CYBERNET who had reasonably (sic)

18
CASE NO.:
JOHN DOE v. KINICCOM, et A COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 22 of 55

anticipated contacted (sic) with blood or Other Potentially Infectious Materials


2

(OPEvI) were exposed to the hazards of bIoodborne pathogens. CYBERNET did

not require the use of engineering controls and work practice controls during

production activities associated with adult content videos to eliminate and/or

minimize employee exposure to blood and OPIM." (Citation 4 Item 1 Serious).

6
7
8
9

86. The Defendants violated the above-laws and breached the above-duties owed to
Plaintiff.
87. Defendants, by and through their managing agents, knew of and condoned the
behavior of Defendants. The acts complained of herein were adopted, approved, condoned

10

and/or taken by one or more managing agent of Defendants each of whom had the authority to

11

make policy and/or to direct a substantial portion of its business.

12
13

88. Defendants' violation of these laws and breach of duties to Plaintiff was a substantial
factor in causing damage to Plaintiff.

14

89. As a direct and proximate result of the aforementioned conduct of Defendants, and

15

each of them, Plaintiff has suffered damages in the form of physical harm when he contracted

16

HIV while performing at the May 3, 2013 shoot Plaintiff has incurred and will continue to incur

17

significant costs for medical treatment, medications, and all other related expenses for the

18

treatment of his contracted illness.

19

90. As a direct and proximate result of the aforementioned conduct of Defendants, and

20

each of them, Plaintiff has suffered damages including, but not limited to, past and future lost

21

earnings and medical and/or psychological treatment expenses, all within the jurisdictional limits

22

of this court. The exact amount of said losses will be stated according to proof at trial.

23

91. As a further direct and proximate result of the aforementioned conduct of said

24

Defendants, and each of them, Plaintiff has suffered mental and emotional distress including, but

25

not limited to, great derision and embarrassment amongst members of the community and

26

family, he has also suffered severe emotional distress, including, but not limited to, anxiety, fear,

27

humiliation, mental anguish, depression, and post-traumatic stress disorder, all to his general

28

damage, in an amount to be stated according to proof at trial.

19
CASE 140.:
JOHN DOE v. ICINIC.COM, et el. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 23 of 55

THIRD CAUSE OF ACTION

INTENTIONAL/FRAUDULENT MISREPRESENTATION
(against KINK.COM; KINK STUDIOS, LLC; KINKIVIEN.COM; CYBERNET
ENTERTAINMENT, LLC; ARMORY STUDIOS, LLC; PETER ACWORTH; VAN
DARKHOLME AND DOES 1-50)

92. Plaintiff incorporates each and every paragraph of the complaint as though fully set

6
7
8
9

forth in the cause of action.


93. Defendants made the following representation to Plaintiff regarding the May 3 shoot:
"This is a condom and barrier protection required shoot."
94. Defendants' representation was false. At the May 3 shoot, Plaintiff JOHN DOE was

10

forced by Defendants to sexually interact with almost every member of the public. While

11

Plaintiff was physically restrained and blindfolded, Defendant DARKHOLME is clearly seen on

12

video footage forcefully pushing Plaintiff's head and mouth into the penises of dozens of men to

13

perform oral sex on them. None of these performers were wearing a condom nor were any

14

barriers used. Defendant DARHOLME was so powerfully thrusting Plaintiff's head that

15

Plaintiff is heard making gagging sounds at several points during the shoot.

16

95. Defendants knew that the representation to Plaintiff that the May 3 shoot was a

17

condom and bather required shoot was false when they made it; and/or Defendants made the

18

representation recklessly and without regard for its truth.

19

96. Defendants intended that Plaintiff rely on the above representation. In order to secure

20

Plaintiff for the part in the May 3 shoot, Defendants ema.iled Plaintiff on March 26, 2013

21

requesting that Plaintiff take part in a May 3, 2013 video shoot. The email explicitly stated the

22

following, "This is a condom and barrier protection required shoot."

23

97. In April of 2013, JOHN DOE was contacted by KINK.COM's Talent Coordinator

24

Bobby Sanchez about performing in BotmdlnPublic.com's May 3, 2013 video shoot. Prior to

25

booking the shoot, Plaintiff reasonably relied on Defendants' representation, "This is a condom

26

and barrier protection required shoot."

27
28

98. Plaintiff was harmed in that he contracted HIV on the May 3 shoot as a result of
condoms and/or barriers not being used.
20
CASE NO.:
JOHN DOE v. IUNXCOM, et 111. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 24 of 55

99. Defendants, by and through their managing agents, knew of and condoned the

2 behavior of Defendants. The acts complained of herein were adopted, approved, condoned
3 and/or taken by one or more managing agent of Defendants each of whom had the authority to
4
5
6
7

make policy and/or to direct a substantial portion of its business.


100. Plaintiff' &reliance on Defendants' representation that the May 3 shoot was a condom
and barrier protectionrequired shoot was a substantial factor in causing his harm.
101. As a direct and proximate result of the aforementioned conduct of Defendants,

Plaintiff has suffered damages in the form of physical harm when he contracted HIV while

performing at the May 3, 2013 shoot. Plaintiff has incurred and will continue to incur significant

10

costs for medical treatment, medications, and all other related expenses for the treatment of his

11

contracted illness.

12

102. As a direct and proximate result of the aforementioned conduct of Defendants, and

13

each of them, Plaintiff has suffered damages including, but not limited to, past and future lost

14

earnings and medical and/or psychological treatment expenses, all within the jurisdictional limits

15

of this court. The exact amount of said losses will be stated according to proof at trial.

16
17

103. As a further direct and proximate result of the aforementioned conduct of said
Defendants, and each of them, Plaintiff has suffered mental and emotional distress including, but

18 not limited to, great derision and embarrassment amongst members of the community and
19

family, he has also suffered severe emotional distress, including, but not limited to, anxiety, fear,

20

humiliation, mental anguish, depression, and post-traumatic stress disorder, all to his general

21

damage, in an amount to be stated according to proof at trial.

22

104.. The aforementioned acts were committed by Defendants, and each of them, and/or by

23

officers, directors, managing agents, agents and/or representatives of Defendants and/or were

24

known to, aided, abetted, authorized by, ratified by and/or otherwise approved by Defendants

25

and/or by the officers, directors, managing agents, agents and/or representatives of Defendants.

26

The above acts of Defendants, and each of them, were despicable and committed knowingly,

27

willfully and maliciously, with the intent to harm, injure, vex, annoy and oppress Plaintiff and

28

with a conscious disregard of Plaintiff's rights, health, and safety. KINK Defendants,

21
CASE NO.;
JOHN DOE v. K1NK.COM, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 25 of 55

ACWORTH, and DARKHOLME, consciously disregarded the rights and safety of Plaintiff and
2

other models working for KINK Defendants by prioritizing corporate profits over human lives.

Plaintiff is therefore entitled to punitive damages in a sum sufficient to punish said defendants so
that such conduct will not take place again.
FOURTH CAUSE OF ACTION

CIVIL CONSPIRACY TO COMMIT FRAUD


(against KINK.COM; KINK STUDIOS, LLC; KINICMEN.COM;
CYBERNET ENTERTAINMENT, LLC; ARMORY STUDIOS, LLC; PETER
ACWORTH; VAN DARKHOLME and DOES 1-50)

105. Plaintiff incorporates each and every paragraph of the complaint as though fully set

6
7

10
11

forth in the cause of action.


106. Upon information and belief, PETER ACWORTH and KINK DEFENDANTS and

12

DOES 1-50 agreed with DEFENDANT VAND.ARKHOLME to make intentional

13

misrepresentations to Plaintiff, including but not limited to the following: That the May 3 shoot

14

would be a condom and barrier requited shoot.

15
16
17

107. All Defendants agreed to engage in a conspiracy to subject Plaintiff to the fraudulent
representations in order to induce Plaintiff to participate in Defendants' May 3 shoot.
108. All Defendants agreed to engage in a scheme, which was intended to violate

18

Plaintiffs rights. All Defendants knowingly and willfully agreed amongst themselves to subject

14

Plaintiff to the fraudulent representations in order to induce Plaintiff to participate in Defendants

20

May 3 shoot

21

109. All Defendants combined to inflict wrongs against and/or injury on Plaintiff as

22

described in this Complaint. All Defendants understood, accepted, and/or explicitly and/or

23

implicitly agreed to the general objectives of their scheme to subject Plaintiff to fraudulent

24

representations in order to induce Plaintiff to participate in Defendants' May 3 shoot.

25

110. All Defendants acquired, possessed, and maintained a general knowledge of the

26

conspiracy's objectives to inflict wrongs against and/or injury upon Plaintiff as described in this

27

Complaint.

28

111. Defendants, by and through their managing agents, knew of and condoned the
22
CASE NO.:
JOHN DOE v. KINKCOM, et aL COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 26 of 55

behavior of Defendants. The acts complained of herein were adopted, approved, condoned

2 and/or taken by one or more managing agent of Defendants each of whom had the authority to
3
4
5
6

make policy and/or to direct a substantial portion of its business.


112. Defendants' conspiracy to commit these tortious acts on Plaintiff was a substantial
factor in causing damage and injury to Plaintiff as alleged herein.
113. As a direct and proximate result of the aforementioned conduct of Defendants,

7 Plaintiff has suffered damages in the form of physical harm when he contracted HIV while
8

performing at the May 3,2013 shoot. Plaintiff has incurred and will continue to incur significant

costs for medical treatment, medications, and all other related expenses for the treatment of MR

10

contracted illness..

11

114. As a direct and proximate result of the aforementioned conduct of Defendants, and

12

each of them, Plaintiff has suffered damages including, but not limited to, past and future lost

13

earnings and medical and/or psychological treatment expenses, all within the jurisdictional limits

14

of this court. The exact amount of said losses will he stated according to proof at trial.

15

115. As a further direct and proximate result of the aforementioned conduct of said

Defendants, and each of them, Plaintiff has suffered mental and emotional distress including, but
16
17 not limited to, great derision and embarrassment amongst members of the community and
18

family, he has also suffered severe emotionAl distress, including, but not limited to, anxiety, fear,

19

humiliation, mental anguish, depression, and post-traumatic stress disorder, all to his general

20

damage, in an amount to be stated according to proof at trial.

21

116. The aforementioned acts were committed by Defendants, and each of them, and/or by

22

officers, directors, managing agents, agents and/or representatives of Defendants and/or were

23

known to, aided, abetted, authorized by, ratified by and/or otherwise approved by Defendants

24

and/or by the officers, directors, managing agents, agents and/or representatives of Defendants.

25

The above acts of Defendants, and each of them, were despicable and committed knowingly,

26

willfully and maliciously, with the intent to harm, injure, vex, annoy and oppress Plaintiff and

with a conscious disregard of Plaintiff's rights, health, and safety. KINK Defendants,
27
28 ACWORTH, and DARKHOLME, consciously disregarded the rights and safety of Plaintiff and

23
CASE NO.:
JOHN DOE v. KINKCOM, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 27 of 55

other models working for KINK Defendants by prioritizing corporate profits over human lives.

Plaintiff is therefore entitled to punitive damages in a sum sufficient to punish said defendants so

that such conduct will not take place again.

Iftri it CAUSE OF ACTION

BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING


(against KINK.COM; KINK STUDIOS, LLC; KINKMEN.COM;
CYBERNET ENTERTAINMENT, LLC; ARMORY STUDIOS, LLC; PETER
ACWORTH; VAN DARKHOLME and DOES 1-50)

7
8
9
10
11
12
13

117. Plaintiff incorporates each and every paragraph of the complaint as though fully set
forth in the cause of action.
118. Defendants, and each of them, entered into a contract with Plaintiff JOHN DOE on

May 3, 2013 (hereinafter "CONTRACT).


119. At the time of entering into the CONTRACT and at all relevant times, Plaintiff was
an actor and model in the adult entertainment industry.

14

120. Plaintiff fully performed all duties required of him under the CONTRACT.

15

121. In the CONTRACT there was an implied promise of good faith and fair dealing. The

16

implied promise meant that each party would not do anything to unfairly interfere with the right

17

of the other party to receive benefits of the contract. This requires, among other things, that:

18

each party in the relationship must act with good faith toward the other concerning all matters

19

related to the CONTRACT; each party in the CONTRACT must act with fairness toward the

20

other concerning all matters related to the CONTRACT; and Defendants would comply with its

21

own representations, rules, policies, and procedures in dealing with Plaintiff:

22
23
24
25
26

122. Defendants breached the covenant of good faith and fair dealing in the following
ways:
a. Defendants told Plaintiff that the May 3 shoot would be a condom and barrier
required shoot.
b. Defendants also violated California Code of Regulations Title 8, Section 5193,

27

which required performers to use barrier protection including condoms, to protect

28

them during the production of adult films, including, but not limited to the May 3
24.
CASE NO.:
JOHN DOE v. KINICCOAL et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 28 of 55

I
2
3

shoot involving Plaintiff


c. Defendants had a duty to have a work place safety specialist at the shoot to ensure
adequate personal protective equipment is available at the shoot.

d. Defendants had a duty to inspect all performers for cuts, sores, and lesions.

e. Defendants had a duty to have a Bloodbome Pathogen Exposure Control Plan in

6
7
8
9
10
11
12

order to protect their performers, including Plaintiff.


1. Defendants had a duty to maintain appropriate health records of their performers,
including STD and HIV tests before shooting commenced.
g. Defendant DARKHOLME had a duty as director of the May 3 shoot to enforce
the use of condoms at the shoot.
h. Defendants repeatedly refused to abide by their own policies when dealing with
Plaintiff.

13

123. Defendants unfairly interfered with Plaintiff's rights to receive the benefits of the

14

CONTRACT. As a result of Plaintiff becoming HIV positive, Plaintiff could no longer engage in

15

Defendants' shoots or other shoots in the porn industry.

16

124. Defendants' conduct was a failure to act fairly and in good faith.

17

125. Defendants, by and through their managing agents, knew of and condoned the

18

behavior of Defendants. The acts complained of herein were adopted, approved, condoned

19 and/or taken by one or more managing agent of Defendants each of whom had the authority to
20
21

make policy and/or to direct a substantial portion of its business.


126. As a direct and proximate result of the aforementioned conduct of Defendants,

22

Plaintiff has suffered damages in the form of physical harm when he contracted HIV while

23

performing the CONTRACT on May 3, 2013. Plaintiff has incurred and will continue to incur

24

significant costs for medical treatment, medications, and all other related expenses for the

25

treatment of his contracted illness.

26

127. Due to Plaintiffs diagnosis with HIV, he is no longer able to perform as an actor and

27

model. As a direct and proximate result of the aforementioned conduct of Defendants, and each

28

of them, Plaintiff has suffered damages including, but not limited to, past and future lost earning

25
CASE NO.
JOHN DOE v. ICINK.COM, et td. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 29 of 55

and medical and/or psychological treatment expenses, all within the jurisdictional limits of this

court. The exact amount of said losses will be stated according to proof at trial.

3
4

128. As a further direct and proximate result of the aforementioned conduct of said
Defendants, and each of them, Plaintiff has suffered mental and emotional distress including, but
not limited to, great derision and embarrassment amongst members of the community and

family, he has also suffered severe emotional distress, including, but not limited to, anxiety, fear,

humiliation, mental anguish, depression, and post-traumatic stress disorder, all to his general

damage, in an amount to be stated according to proof at trial.

129. As a further, direct and proximate result of the aforementioned conduct of

10

Defendants, and each of them, Plaintiff has been obliged to expend or incur liability for costs of

11

suit, attorneys' fees and related expenses in an amount not yet fully ascertained, but which will

12

be submitted at the time of trial.


SIXTH CAUSE OF ACTION

13

16

NEGLIGENT SUPERVISION
(against KINK.COM; KINK STUDIOS, LLC; ICINKMEN.COM;
CYBERNET ENTERTAINMENT, LLC; ARMORY STUDIOS, LLC; PETER
ACWORTH; VAN DARKHOLME and DOES 1-50)

17

130. Plaintiff incorporates each and every paragraph of the complaint as though fully set

14
15

18
19

forth in the cause of action.


131. Defendants ACWORTH and JUNK Defendants and/or Defendant DARKHOLME

20

owed Plaintiff a duty to provide reasonable supervision to their employees, agents, and/or

21

contractors, including but not limited to Defendant DARKHOLME and/or Defendant

22

ACWORTH.

23

132. Defendants ACWORTH and KINK Defendants and/or Defendant DARKHOLME

24

had a duty to ensure that their employees, agents, and/or contractors, including but not limited to,

25

Defendant DARKHOLME and/or Defendant ACWORTH, would properly execute their

26

functions, duties, and obligations in a lawful manner.

27

133. Defendants ACWORTH and KINK Defendants and/or Defendant DARKHOLME

28

knew or should have known that Defendants' employees, agents, and/or contractors, including
26
CASE NO.:
JOHN DOE,. KINKCOM, et
COMPLAINT FOR DAMAGES'

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 30 of 55

I but not limited to, Defendant DARKHOLME and/or Defendant ACWORTH, were unfit for their
2
3
4

positions and that this unfitness created a particular risk to others, including Plaintiff.
134. Defendants AC WORTH and KINK Defendants and/or Defendant DARKHOLME
failed to supervise and/or train Defendants' employees, agents, and/or contractors, including but

5 not limited to, Defendant DARKHOLME and/or Defendant ACWORTH, such that the following
6

laws, rules, regulations, and/or policies were violated:

a. The May 3, 2013 shoot was a condom and barrier required shoot, however,

neither condoms nor bathers were required or used with regard to oral sex;

b. California Code of Regulations Title 8, Section 5193 was violated, which required

10

performers to use bather protection including condoms, to protect them during th

11

production of adult films, including, but not limited to the May 3 shoot involving

12

Plaintiff;

13
14
15
16
17
18
19
20

c. No work place safety specialist was at the May 3 shoot to ensure adequate
personal protective equipment is available at the shoot;
d. Performers, including Plaintiff, were not inspected for cuts, sores, and lesions
during the May 3 shoot;
e. No Bloodbome Pathogen Exposure Control Plan was in place in order to protect
their performers, including Plaintiff;
f. Appropriate health records were not maintained of Defendants' performers,
including STD and HIV tests before the May 3 shoot commenced;

21

g. Defendant DARKHOLME failed to enforce the use of condoms at the shoot; and

22

h. Defendants repeatedly refused to abide by their own policies when dealing with

23
24

Plaintiff.
135. By failing to carry out their duty of supervision relating to Defendants' employees,

agents, and/or contractors, including but not limited to, Defendant DARKHOLME and/or
25
26 Defendant AC WORTH, Defendants ACWORTH, KINK Defendants and/or Defendant
27 DARKHOLME breached their duty of care to Plaintiff.
28

136. Defendants ACWORTH and KINK Defendants and/or Defendant DARKHOLME

27
CASE NO

JOHN DOE v. KINIC.COM, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 31 of 55

condoned and approved the unlawful conduct of Defendants' employees, agents, and/or

2 contractors, including but not limited to, Defendant DARKHOLME and/or Defendant
3 ACWORTH. As a result, KINK Defendants negligently supervised Defendant DARKHOLME
4 and/or Defendant ACWORTH, and KINK Defendants' employees, agents, and/or contractors.
5 As a result, Defendants ACWORTH and DARKHOLME also negligently supervised
6

Defendants' employees, agents, and/or contractors. In failing to supervise Defendant

7 ACWORTH, Defendant DARKHOLME, and KINK Defendants' employees, agents, and/or


8 contractors, KINK DEFENDANTS, and Defendant ACWORTH, and Defendant DARKHOLME
9
10
11

did not act reasonably and breached their duty of care to Plaintiff as a result.
137. Defendants, by and through their managing agents, knew of and condoned the
behavior of Defendants. The acts complained of herein were adopted, approved, condoned

12 and/or taken by one cr more managing agent of Defendants each of whom had the authority to
13
14

make policy and/or to direct a substantial portion of its business.


138. Defendants' negligent supervision was a substantial factor in causing damage and

15

injury to Plaintiff. As a direct and proximate result of the aforementioned conduct of

16

Defendants, and each of them, Plaintiff has suffered damages in the form of physical harm when

17

he contracted HIV while performing at the May 3, 2013 shoot. Plaintiff has incurred and will

18

continue to incur significant costs for medical treatment, medications, and all other related

19

expenses for the treatment of his contracted illness.

20

139. As a direct and proximate result of the aforementioned conduct of Defendants, and

21

each of them, Plaintiff has suffered damages including, but not limited to, past and future lost

22

earnings and medical and/or psychological treatment expenses, all within the jurisdictional limits

23

of this court. The exact amount of said losses will be stated according to proof at trial.

24

140. As a further direct and proximate result of the aforementioned conduct of said

25

Defendants, and each of them, Plaintiff has suffered mental and emotional distress including, but

26

not limited to, great derision and embarrassment amongst members of the community and

27

family, he has also suffered severe emotional distress, including, but not limited to, anxiety, fear,

28

humiliation, mental anguish, depression, and post-traumatic stress disorder, all to his general

28
CASE NO.:
JOHN DOE v. xtNx.com, et al COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 32 of 55

damage, in an amount to be stated according to proof at trial.


SEVENTH CAUSE OF ACTION

NEGLIGENT HIRING AND/OR RETENTION


(against KINK.COM; KINK STUDIOS, LLC; KlNKMEN.COM;
CYBERNET ENTERTAINMENT, LLC; ARMORY STUDIOS, LLC; PETER
ACWORTH; VAN DARKHOLME and DOES 1-50)

141. Plaintiff incorporates each and every paragraph of the complaint as though fully set

3
4

7
8
9
10
11

forth in the cause of action.


142. Defendants ACWORTH and KINK Defendants and/or Defendant DARKHOLME
negligently hired and/or retained Defendants' employees, agents, and/or contractors, including
but not limited to, Defendant DARKHOLME and/or Defendant ACWORTH.
143. Defendants' employees, agents, and/or contractors, including but not limited to,

12

Defendant DARKHOLME and/or Defendant ACWORTH were unfit to perform the work for

13

which they were hired and/or retained, including in the following areas:

14

a. Enforcing California Code of Regulations Title 8, Section 5193, which required

15

performers to use bather protection including condoms, to protect them dining th

16

production of adult ffims, including, but not limited to the May 3 shoot involving

17

Plaintiff;

18
19
20
21
22
23
24

b. Ensuring that work place safety specialist was at the May 3 shoot in order to
confirm that adequate personal protective equipment was available at the shoot;
c. Inspecting all performers for cuts, sores, and lesions during the May 3 shoot,
including Plaintiff;
d. Enforcing the Bloodborne Pathogen Exposure Control Plan in order to protect
Defendants' performers, including Plaintiff;
e. Maintaining appropriate health records of Defendants' performers, including STD

25

and HIV tests before the May 3 shoot commenced; and

26

f. Enforcement of the use of condoms at the May 3 shoot.

27
28

144. Defendants' employees, agents, and/or contractors, including but not limited to,
Defendant DARKHOLME and/or Defendant AC WORTH did not have any training to enforce
29
CASE NO.:
JOHN DOE v. KINIC.COM, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 33 of 55

the above laws, rules, regulations, and/or policies, yet they were provided such authority by
2 KINK Defendants.
3

145. Defendants ACWORTH and KINK DEFENDANTS and/or Defendant

DARKHOLME knew or should have known that Defendants' employees, agents, and/or

contractors, including but not limited to, Defendant DARKHOLME and/or Defendant

ACWORTH, were unfit for his position and that this unfitness created a particular risk to others,

including Plaintiff.

146. In choosing to hire and/or retain Defendants' employees, agents, and/or contractors,

including but not limited to, Defendant DARKHOLME and/or Defendant ACWORTH, in light

10

of the facts contained herein and incorporated by reference, Defendants ACWORTH and KINK

11

Defendants and/or Defendant DARKHOLME did not act reasonably and breached their duty of

12

care to Plaintiff as a result

13

147. Defendants ACWORTH and KINK Defendants and/or Defendant DARKHOLME

14

condoned and approved the unlawful conduct of Defendants' employees, agents, and/or

15

contractors, including but not limited to, Defendant DARKHOLME and/or Defendant

16

ACWORTH. As a result, KINK Defendants negligently hired and/or retained Defendant

17

DARKHOLME and/or Defendant ACWORTH, 'and KINK Defendants' employees, agents,

18

and/or contractors. As a result, Defendants ACWORTH and DARKHOLME also negligently

19

hired and/or retained Defendants' employees, agents, and/or contractors. In negligently hiring

20

and/or retaining Defendant ACWORTH, Defendant DARKHOLME, and KINK Defendants'

21

employees, agents, and/or contractors, KINK DEFENDANTS, and Defendant ACWORTH, and

22

Defendant DARKHOLME did not act reasonably and breached their duty of care to Plaintiff as a

23

result.

24

148. Defendants, by and through their managing agents, knew of and condoned the

25

behavior of Defendants. The acts complained of herein were adopted, approved, condoned

26

and/or taken by one or more managing agent of Defendants each of whom had the authority to

27

make policy and/or to 'direct a substantial portion of its business.

28

149. Defendants' negligent hiring and/or retention of Defendants' employees, agents,

30
CASE NO.:
JOHN DOE v. IONIC.COM, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 34 of 55

and/or contractors, including but not limited to, Defendant DARKHOLME and/or Defendant
2

ACWORTH, was a substantial factor in causing damage and injury to Plaintiff. As a direct and

proximate result of the aforementioned conduct of Defendants, and each of them, Plaintiff has

suffered damages in the form of physical harm when he contracted HIV while performing at the

May 3, 2013 shoot. Plaintiff has incurred and will continue to incur significant costs for medical

treatment, medications, and all other related expenses for the treatment of his contracted illness.

150. As a direct and proximate result of the aforementioned conduct of Defendants, and

each of them, Plaintiff has suffered damages including, but not limited to, past and future lost
earnings and medical and/or psychological treatment expenses, all within the jurisdictional limits

10
11

of this court. The exact amount of said losses will be stated according to proof at trial.
151. As a further direct and proximate result of the aforementioned conduct of said

12

Defendants, and each of them, Plaintiff has suffered mental and emotional distress including, but

13

not limited to, great derision and embarrassment amongst members of the community and

14

family, he has also suffered severe emotional distress, including, but not limited to, anxiety, fear,

15

humiliation, mental anguish, depression, and post-traumatic stress disorder, all to his general

16

damage, in an amount to be stated according to proof at trial.


EIGHTH CAUSE OF ACTION

17
18
19
20
21
22
23

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS


(against KINK.COM; KINK STUDIOS, LLC; KINKMEN.COM; CYBERNET
ENTERTAINMENT, LLC; ARMORY STUDIOS, LLC; PETER ACWORTH; VAN
DARKHOLME and DOES 1-50.)
152. Plaintiff incorporates each and every paragraph of the complaint as though fully set
forth in the cause of action.
153. The conduct of Defendants was, and is, extreme and outrageous because Defendants

24

intentionally and recklessly violated statutes and public policies, including but not limited to,

25

California Code of Regu1ations Title 8, Section 5193, and intentionally misrepresented to

26

Plaintiff that the May 3 shoot was a condom and bather required shoot in order to induce

27

Plaintiff to perform at the shoot when Defendants knew that they would not require condoms or

28

barriers in the performance of oral sex during the shoot. Moreover, at the May 3 shoot, Plaintiff
31
CASE NO.:
JOHN DOE v. KINK.COM, at el. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 35 of 55

JOHN DOE was forced by Defendants to sexually interact with almost every member of the
2

public. While Plaintiff was physically restrained and blindfolded, Defendant DARKIIOLME is

clearly seen on video footage forcefully pushing Plaintiff's head and mouth into the penises of

dozens of men to perform oral sex on them. None of these performers were wearing a condom

nor were any barriers used. Defendant DARHOLME was so powerfully thrusting Plaintiff's

head that Plaintiff is heard maldng gagging sounds at several points during the shoot.

154. This conduct of Defendants, and each of them, were affirmatively based on policies,

expectations and standards, that were illegal, and was done intentionally and unreasonably with

the recognition that their acts were likely to result in damages to Plaintiff in the form of mental

10
11

distress.
155. Defendants, by and through their managing agents, knew of and condoned the

12

behavior of Defendants. The acts complained of herein were adopted, approved, condoned

13

and/or taken by one or more managing agent of Defendants each of whom had the authority to

14

make policy and/or to direct a substantial portion of its business.

15

156. The acts of Defendants, by and through its managing agents, were done with the

16

intention to cause or with the wanton and reckless disregard of the probability of causing serious

17

emotional distress injuries to Plaintiff and as a direct and proximate result of the aforementioned

18

behavior of Defendants, Plaintiff suffered humiliation, embarrassment, mortification, severe

19

emotional distress and great and emotional suffering. The Defendants and each of them, acted

20

deliberately for the purpose of injuring Plaintiff. The acts complained of herein were occasioned

21

by the intentional acts of Defendants or those acts which were done with reckless disregard and

22

the probability of causing severe emotional distress and such infliction was a substantial factor in

23

causing damage and injury to Plaintiff as set forth below.

24
25
26

157. Defendants' extreme and outrageous conduct toward Plaintiff was a substantial fitctor
in causing damage and injury to Plaintiff as alleged herein.
158. As a direct and proximate result of the aforementioned conduct of Defendants,

27

Plaintiff hag suffered damages in the form of physical harm when he contracted HIV while

28

performing at the May 3, 2013 shoot. Plaintiff has incurred and will continue to incur significant

32
CASE NO.:
JOHN DOE v. KINK.COM, et al. COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 36 of 55

costs for medical treatment, medications, and all other related expenses for the treatment of his

contracted illness.

159. As a direct and proximate result of the aforementioned conduct of Defendants, and

each of them, Plaintiff has suffered damages including, but not limited to, past and future lost

earnings and Medical and/or psychological treatment expenses, all within the jurisdictional limits

of this court. The exact amount of said losses will be stated according to proof at trial.
160. As a further direct and proximate result of the aforementioned conduct of said

Defendants, and each of them, Plaintiff has suffered mental and emotional distress including, but
not limited to, great derision and embarrassment amongst members of the community and

10

family, he has also suffered severe emotional distress, including, but not limited to, anxiety, fear,

11

humiliation, mental anguish, depression, and post-traumatic stress disorder, all to his general

12

damage, in an amount to be stated according to proof at trial.


161. The aforementioned acts were committed by Defendants, and each of them, and/or by

13
14

officers, directors, managing agents, agents and/or representatives of Defendants and/or were

15

known to, aided, abetted, authorized by, ratified by and/or otherwise approved by Defendants

16

and/or by the officers, directors, managing agents, agents and/or representatives of Defendants.

17

The above acts of Defendants, and each of them, were despicable and committed knowingly,
Wally and maliciously, with the intent to harm, injure, vex, annoy and oppress Plaintiff and

18
19

with a conscious disregard of Plaintiff's rights, health, and safety. KINK Defendants,

20 ACWORTH, and DARKHOLME, consciously disregarded the rights and safety of Plaintiff and
21

other models working for KINK Defendants by prioritizing corporate profits over human lives.

22

Plaintiff is therefore entitled to punitive damages in a sum sufficient to punish said defendants so

23

that such conduct will not take place again.

24
25

//

26

//

27

//

28

/I

33
CASE NO.:
JOHN DOE v. KINK.COM, et L COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 37 of 55

DEMAND FOR JURY TRIAL


2

Plaintiff JOHN DOE herewith demands a jury trial on all issues.

3
4
5

PRAYER FOR RV JEF


Wherefore, Plaintiff prays that the Court grunt her the following relief:

1. For compensatory damages according to proof;

2. For monetary damages to compensate for the emotional distress and suffered by

8
9

Plaintiff;
3. For interest on the sum of damages award;

10

4. For reasonable attorneys' fees;

11

5. For punitive damages;

12

6. For costs of suit herein incurred;

13

7. For such other and future relief as the Court deems proper.

14
15
16

Dated: April 28, 2015

Respectfully submitted,
RIBERA LAW FIRM

17
18
19
20

By:
Sandra Ribera Speed, Esq.
Attorneys for Plaintiff JOHN DOE

21
22
23
24
25
26
27
28

34
CASE NO.:
JOHN DOE v. KINK.COM, et a.- COMPLAINT FOR DAMAGES

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 38 of 55

EXHIBIT 2

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 39 of 55


SUM-100

SUMMONS

FOR COURT USE ONLY


POLO PARA USO E LA CORTE)

(CITACION JUDICIAL)
NOTICE TO DEFENDANT:
(AVISO AL

DEMAJWADO);
K1NK.COM; KINK STUDIOS, LLC; KINKMEN.COM; CYBERNET
ENTERTAINMENT, LLC; ARMORY STUDIOS, LLC; PETER
AC WORTH; VAN DARKHOLME and DOES 1 through 50, inclusive.

YOU ARE BEING SUED BY PLAINTIFF:


(LO ESTA DEMANDANDO EL DEMANDANTE):

JOHN DOE
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at thiS court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca.gov/selthelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. if you do not fife your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifamia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.goviselthelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The courrs lien must be paid before the court will dismiss the case.
lAVISOl Lo ban demandado. Si no responds dentro de 30 dies, la code puede decidir en su contra sin escuchar su versin. Lea la infonnacin a
condnuacin.
Tiene 30 DfAS DE CALENDARIO despues de que Is entreguen esta citacien y papeles legates pare presenter una respuesta par escrito en esta
carte y tracer que se entregue una copia al demandante. Una cads o una llamada teleferrica no lo protegen. Su respuesta par escrito thane que ester
en formate legal correct Si desea que procesen su case en la code. Es posible que hays un formulario que usted pueda usar para su respuesta.
Puede encentrar estos formularies de la code y ms informackin en el Centro de Ayuda de las Codes de California (www.sucorte.ca.gov), en la
biblioteca de leyes de su condado o en la code que le quede alas coma. Si no puede pager Is cuota de presentacien, pida at secreted de la code
que le de un formulario de exencin de page de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso par incumpihniento y la code to
podr guitar su sueldo, dinem y bienes sin raft advertencia.
Hay afros requisites legates. Es recornendable que Name a un abogado inmediatamente. Si no conoce a un abogado, puede &mare un servicio de
remisin a abogados. Si no puede pager a un abogado, es posible que cumpla con los requisites para obtener servicies legates graluitos de un
programa de servicios legates sin fines de lucre. Puede encontrar estos grupos sin tines de lucre en of sitio web de California Legal Services,
(www.lawhelpbalifornia.ora en at Centro de Ayuda de las Cortes de California, (www.suoorte.ca.gov) o ponindose en contact con la code o el
colegio de abogados locales. AVISO: Por ley, la carte tiene derecho a reclamar las motes y los costos exentos por imponer un gravamen sobre
cualquier recuperacin de $10,000 6 ma's de valor rectlida mediante un acuerdo a una concesin de arbitraje en un caso de derecho
Time que
pagar of gravamen de la code antes de que Is code pueda desechar el case.

The name and address of the court is:


(El nombre y &modem de Is code es):

CASE NUMBER:

4r

(At

San Francisco Superior Court


400 McAllister Street, San Francisco, CA 94102

The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
(El nombre, la direccin ye! nmero de telfono del abogado del demandante, o del demandante que no liens abogado, es):

415-576-1600
Sandra Ribera Speed, Esq., Ribera Law Firm, APC, 157 West Portal Ave., Suite 2, San Francisco, CA 94127

DATE:
Clerk, by
CLERK OF THE COURT
MEREDITH
(Fecha)
(Secretario)
(For proof of service of this summons, use Proof of Service of Summons (form POS-010))
(Pat-a prueba de entrega de esta citatin use el formulario Proof of Service of Summons, (P05-010)).
NOTICE TO THE PERSON SERVED: You are served
[SEAL!
1.
1 as an individual defendant.
2.
as the person sued under the fictitious name of (specify):

APR 2 820t5

3. 1

, Deputy
(Adjunto)

on behalf of (specify,):

under:

4.

GRIER

CCP 416.10 (corporation)


CCP 416.20 (defunct corporation)
CCP 416.40 (association or partnership)

CCP 416.60 (minor)


CCP 416.70 (conservatee)
CCP 416.90 (authorized person)

other (specify):
by personal delivery on (date):
Page 1 of 1

Form Adopted for Mandatory Use


Judicial Council of California
SUM-100 Rev. Jut; 1.20091

SUMMONS

Code of Civil Procedure 55412.20, 465


www.courrinfaragov

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 40 of 55

EXHIBIT 3

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 41 of 55

POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Safe &marten anOaddress):
Sandra Ribera Speed, Esq. (SBN 236769)

FOR COURT USE ONLY

Ribera Law Firm


AProfessional Corporation
157 West Portal Avenue, Suite 2, San Francisco, CA 94127
TELEPHONE no.: (415)576-1600
FAX NO. fopnonao: (415)842-0321

ELECTRONICALLY

F I LE

E-MAL ADDRESS (Opdona5

Superior Court ofCalifonne,


County OfSan Promise*

Arroemer Fort Nome): Plaintiff, JOHN DOE

06/29/2015

SUPERIOR COURT OF CALIFORNIA, COUNTY OF


SIR= r ADDRESS:
MAILING ADDRESS:

400 McCallister Street

Clerk of the Court


BY:KIMBERLY CLAUSSEN

San Francisco, CA 94102


Civil Center Courthouse - Civil
PLAINTIFF/PETITIONER: John Doe

Deputy Clerk

CITT AN0 ziP CODE:


BRANCH NAME:

DEFENDANT/RESPONDENT:

CASE NUMBER:

CG-C-15-545540

Kink.Com, et al

Ref. No. or FS, No.:

PROOF OF SERVICE OF SUMMONS

(Separate proof of service is requited for each party served.)


1. At the time of service I was at least 18 years of age and not a party to this action,
2. !served copies of:
a,
summons
b. 1.

.1 complaint

ED

c,

Alternative Dispute Resolution (ADR) package

d. J

1 Civil Case Cover Sheet (served In complex cases only)

e.

cross-complaint
I other (specify documents):

f.

3. a. Party served (specify name of party as shown on documents served):

VAN DARKHOLME
b. I

Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person
under item 5b on whom subslituted service was made) (specify name and relationship to the party named in item 3a):

4. Address where the party was served:

157 West Portal Ave., Suite 2, San Francisco, CA 94127


5. 1 served the party (check proper box)
a 1-71by personal service. !personally delivered the documents listed in item 2 to the party or person authorized to
(2) at (time): I tf5
receive service of process for the party (1) on (date): June 22, 2015
at (time):
i left the documents listed in item 2 with or
by substituted service. On (date):
b.
in the presence of (name and title or relationship to person indicated in Item 3):

ED

(1)
(2)

(business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. I informed him or her of the general nature co the papers.

(home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. I informed him or her of the general nature of the papers.

(3) n (physical address unknown) a person at least 18 years of age apparently in charge at the usual malting

address of the person to be served, other than a United States Postal Service post office box. !informed
him or her of the general nature of the papers.
(4)

1 I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served
1. . I mailed the documents on
1
at the place where the copies were left (Code Giv. Proc., 41521
I a declaration of mailing is attached.
or l
from (city):
(date):

(5)

I I attach a declaration of diligence stating actions taken first to attempt personal service.

Faun Adopmd for Mandatory Use


Judicial Coma of Cardbmis
POS.010 [Rev. Joraiary 1, 20071

PROOF OF SERVICE OF SUMMONS

Pap:1 oi2
Cede of CM: Procedare, 417.10

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 42 of 55

PLAINTIFF/PETTFIONER1 John Doe

CASE NUMBER:

DEFENDANT/RESPONDENT: Kink.COM, et

5. c.

fl

COC-15-545540

al

by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,
(2) from (city):

(1) on (date):

(3) El with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., 415.30.)
to an address outside California with return receipt requested. (Code Civ. Proc., 415.40.)
(4)
d.

LJ

by other means (specify means of service and authorizing code section):

Additional page describing service is attached.


6. The "Notice to the Person Served' (on the summons) was completed as follows:
as an individual defendant.
as the person sued under the fictitious name of (vaulty): True name
as occupant.
On behalf of (speci)):
under the following Code of Cive Procedure section:

is unknown to Plaintiff

El 416.10 (corporation)
415.95 (business organization, form unknown)
ED 416.20 (defunct corporation)
CD 416.60 (minor)
/1 416.30 goint stock company/association) ED 416.70 (ward or conservatee)
El 416.90 (authorized person)
E:3 416.40 (association or partnership)
ED 415.46 (occupant)
ri 416.50 (public entity)
ED other:
7, Person who served papers
a. Name: Sandra Ribero Speed, Esq. (SBN 236769
b. Address: 157 West Portal Ave., Suite 2, San Francisco, CA 94590
c. Telephone number: (415)576-1600
d. The fee for service was: $0
e. lam:
(1)
(2)
(3)

8.

not a registered California process server.


exempt from registration under Business and Professions Code section 22350(b).
a registered California process server:
independent contractor.
1 owner 1 I employee
(1)
(il) Registration No.:
(iii) County:

El

n I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

9,
Date:

or
I am a California sheriff or marshal and I certify that the foregoing is true and correct.

June 22, 2015

Sandra Ribero Speed, Esq. (SBN236769


(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL)

P05-01D rev. JaIrNery 1. 20013

PROOF OF SERVICE OF SUMMONS

Page 2 *12

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 43 of 55

EXHIBIT 4

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 44 of 55

POS-010
ATTORNEY OR PARTY WITNOUT ATTORNEY Name, Soft earnumber, end SOW*

Sandra Ribera Speed, Esq. (SBN 236769)


Ribera Law Firm
A Professional Corporation
157 West Portal Ave., Suite 2. San Francisco, CA 94127*
-raspHoms NO.: (415)576-1600
FAX NO. AVM*

FOR COURT USE ONLY

ELECTRONICALLY

F I LE D

(415)342-0321

EAtAll_ ADDRESS (Opitnatl:


ATIORNEY FOR

Court of Cafffornie,
Count, Man Pftnctsce

SUperier

fame): Plaintiff, JOHN DOE

SUPERIOR COURT OF CAUFORNIA,COUNTY OF


STREET ACORES'S:

400 McAllister Street

06/29/2015

San Francisco

Clerk of the Court


BYX.M4BERLY CLAUSSEN

MARX,* ADDRESS:

San Francisco, CA 94102


BRANCH NAME:
Civil Center Courthouse - Civil
PLAINTIFF/PETITIONER: John Doe

Deputy Clerk

MY ANO ZIP COOS

DEFENDANT)FtESPONBENT: KiTlk.0011:1,

CASE NUMSER:

CGC-I 5-545540

et al

Re. Na or File No.:


PROOF OF SERVICE OF SUMMONS
(Separate proof of service is required for each party served.)
1. At the time of service Iwas at least 18 years of age and nota party to this action.
2. I served copies of:
summons
complaint
Alternative Dispute ResotUtion (ADR) package
Civil Case Cover Sheet (served in complex cases only)
cross-complaint
other (specify documents):
3. a. Party sewed (specify name of party as shown on documents served):

KINK STUDIOS, LLC


b.

ED

Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person
under item 5b on whom substituted service was made) (specify name and relationship to the party named in Item 3a1:

Karen Tynan, Attorney


4.

Address where the party was served:

5.

I served the party (check proper box)


I by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to
a.
(2) at (time):
receive service of process for the party (1) on (date): ce //
at (time):
11eft the documents listed in item 2 with or
by substituted service. On (date):
in the presence of (name and title or relationship to person indicated in item 3):

157 West Portal Ave., Suite 2, San Francisco, CA 94127

(1)

(business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. I informed him or her of the general nature of the papers.

(2) ri(home) a competent member of the household (at least 18 years of age) at the dwelling muse or usual
place of abode of the party. I informed him or her of the general nature of the papers.
(3)

(physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. I informed
him or her of the general nature of the papers.

(4)

I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served
at the place where the copies were left (Code Civ. Proc., 411,91Imailed the documents on
l a declaration of mailing is attached.
or
from (city):
(date):
attach a declaration of diligence stating actions taken first to attempt personal service.

(5)ri I

Pogo t of 2
Form Adopted for Mandatory Use
Judiclof Connell of Conforrie
POS-010 Mee. Sammy 2, 20071

PROOF OF SERVICE OF SUMMONS

Cade of CM! Prowl:de. 417.10

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 45 of 55

PLAINTIFF/PETITIONER:

John Doe

CASE NUMBER
CGC-15-545540

DEFENDANT/RESPONDENT: Kinlc.corn, et al

5. c. ED by mall and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the
address shown in item 4. by first-class mail, postage prepaid,
(1) on (date):

(2) from (city):

J with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me, (Attach completed Notice and Acknowledgement of Receipt) (Code Civ, Proc., 415.30)
(4) rito an address outside California with return receipt requested. (Code Civ. Prop., 415.40.)
(3)

by other means (speci61 means of setvice and authorizing code section):

F-1 Additional page describing service is attached.


6. The "Notice to the Person Served' (on the summons)was completed as follows:
a. 171 as an individual defendant
b.
as the person sued under the fictitious name of (specify):
c. fl as occupant.
d.
On behalf of (specif)"):
under the following Code of Civil Procedure section:
C:1 416.10 (corporation)
CD 415.95 (business organization, form unknown)
ED 416.20 (defunct corporation)
ED 416.60 (minor)
ED 41E30 (joint stock company/association) ED 416.70 (ward or conservatee)
El 416.90 (authorized person)
= 416.40 (association or partnership)
CD 415.46 (occupant)
ED 416.50 (public entity)
ED other:
7. Person who served papers

I1

a. Name: Sandra Ribera Speed, Esq. (SBN 236769)


b.
c.
d.
e.

Address: 157 West Portal Ave., Suite


Telephone number: (415)576-1600
The fee for service was: $
am:
(1)
(2)

(3)

2, San Francisco, CA 94127

not a registered California process server.


exempt from registration under Business and Professions Code section 22350(b).
a registered California process Sprier:
1-7 owner I employee El independent contractor.
(ii) Registration No.:
010 County:

8. 11511 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or
.
n
I
am
a
California sheriff or marshal and I certify that the foregoing is true and correct.
9
Date:

June 23, 2015

Sandra Ribera Speed, Esq. (SBN 236769)


INAME OF PERSON WHO SERVED PAPERS/SKERIFF OR MARSHAL)

P05-010 pew January 1,20071

PROOF OF SERVICE OF SUMMONS

Figs 2

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 46 of 55

POS
FOR COURT USE CINY

ATTORNEY OR PARTY WITHOUT ATTORNEY Nam Siete Bar number and artiltesep

Sandra Ribera Speed, Esq. (SBN 236769)


Ribera Law Firm
A Professional Corporation
137 West Portal Ave., Suite 2, San Francisco, CA 94127'
TELEPHONE NO.: (415)576-1600
PAX NO. (OPCond):

ELECTRON LCALLY

F I LE D

015)842-032 1

Superior Court of California,


courgy or Sari Phantasy*

L ADDliESS fopitimelp

Arromerron ererml: Plaintiff; JOHN DOE


SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STMET ADDRESS:
MAILING ADDRESS:

400 McAllister Street

06/29/2015

San Francisco

San Francisco, CA 94102


Civil Center Courthouse- Civil
PLAINTIFF/PETITIONER: John Doe

Clerk of the Court


BY:KIMBERLY CLAUSSEN
Deputy Clerk

CITY ANC) ZIP cone


BRANCH NAME:

DEFENDANT/RESPONDENT:

CASE NUMBER:

CGC-15-545540

Kink.com, et al

Rd. Nu. or Rio No.:

PROOF OF SERVICE OF SUMMONS

(Separate proof of service is required for each party served.)


1. At the time of service 1 was at least 18 years of age and note party to this action.
2. I served copies of:
summons

a. I I
b. r7-1
C. ED

d.
e.

complaint
Alternative Dispute Resolution (ADR) package
Civil Case Cover Sheet (served in complex cases only)
cross-complaint
other (spec16, documents):

3. a. Party served (specify name of party as shown on documents served):

KINK.COM
b.

I Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person
under item Sb on whom substituted service was made) (sped6, name and relationship to the party named in item 3a):

Karen Tynan, Attorney


4. Address where the party was served:

157 West Portal Ave., Suite 2, San Francisco, CA 94127


5. I served the party (check proper box)
I by personal service. I personally delivered the documents listed in Item 2 to the party or person authorized to
a. I
(2) at (time): 11.`115 ke\
receive service of process for the party (1) on (date): 023/ SI
lekthe
documents listed in item 2 with or
at (time):
b. I I by substituted service. On (date):
In the presence of (name and title or relationship to person indicated in item 3):
(1)

(business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. I informed him or her of the general nature of the papers.

(2)

(home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. I informed him or her of the general nature of the papers.
(physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. / informed
him or her of the general nature of the papers.
I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served
at the place where the copies were left (Code Clv. Proc., 415.20). !mailed the documents on
a declaration of mailing is attached.
or
from (city):
(date):
stating
actions
taken
first
to
attempt
personal service.
of
diligence
I attach a declaration

(3)I-I
(4)I
(5)

71

Faun Adoptad fat Mandatory User


Judd& Cound ulCaMarnla
PC045110 [Rev. January 1.20071

Retie I of 2

PROOF OF SERVICE OF SUMMONS

Coda of Cieli Proem:M.43411.M

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 47 of 55

PLAINTIFF/PEIMONER:
DEFENDANT/RESPONDENT:

John Doe

CASE MASER:

CGC-15-545540

Kink.com, et al

by mail and acknowledgment of receipt of service. I mailed the documents fisted in Item 2 to the party, to the
address shown in item 4, by first-class mall, postage prepaid,

5. c.

(1) on (dere):

(2) from (city):

(3) 1 with two copies of the Notice and Acknowledgment of Receipt anci a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowiedgement of Receipt) (Code Civ. Proc., 415.30.)
(4) 1 to an address outside California with return receipt requested. (Code Civ. Proc., 415.40.)
by other meats (specify means of service and authorizing code section):

Additional page describing service is attached.


6. The 'Notice to the Person Served" (on the summons) was completed as follows:
a. Ld as an individual defendant.
b.1-1as the person sued under the fictitious name of (speci4j:
C.
as occupant
d. EJ On behalf of (Specify):
under the following Code of Civil Procedure section:
ED 416.10 (corporation)
ED 415.95 (business organization, form unknown)
ED 416.20 (defunct corporation)
CD 416.60 (minor)
CD 416,30 (joint stock company/association) CD 416,70 (ward or conservatee)
EJ 416.90 (authorized person)
ED 416.40 (association or partnership)
0 415.46 (occupant)
= 416.50 (public entity)
0 other:
7. Person who served papers
a. Name: Sandra Ribera Speed, Esq. (SEN 236769)
b. Address: 157 West Portal Ave., Suite 2, Sort Francisco, CA 94127
c. Telephone number: (415)576-1600
d. The fee for service was: $
e. am:
(1)
(2)
(3)

8_

1 1

9. 1
Date:

.0.1111.11.1,

not a registered California process server.


exempt from registration under Business and Professions Code section 22350(b).
a registered California process server:
1independent contractor.
(i) ni owner ED employee 1(it) Registration No.:
(iii) County:

I declare under penalty of perjury under the laws of the State of California that the foregoing is bus and correct
or
Jam a California sheriff or marshal and I certify that the foregoing is true and correct

June 23, 2015

Sandra Ribera Speed, Esq. (SBN 236769)


iNAME OF PERSCA WHO SERVED PAPERS/SHERIFF OR MARSHAL)

POS010 [Rev Jsall/aty 1. 2COT)

PROOF OF SERVICE OF SUMMONS

Page 2 of 2

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 48 of 55

POS
ATTORNEY OR PARTY ,ARTHOLFT ATTORNEY (Nam. Stab Bar amber, and neldions):

Sandra Ribera Speed, Esq. (SBN 236769)


Ribera Law Finn
A Professional Corporation
157 West Portal Ave., Suite 2, San Francisco, CA 94127'
TELEPHONE NO. (415)576-1600
FM NO. (00=4:

FOR COURT ME ONLY

ELECTRON ICALLY

F ILE D

(415)842-0321

Superior Court of California,


County of San Francisco

E-MAIL ADDRESS irOp.qmall:


ATTORNEY FOR (A

Plaintiff;JOHN DOE

SUPERIOR COURT OF CALIFORNIA,.COUNTY OF


STREET ADDRESS:

400 McAllister Street

06/29/2015

San Francisco

Clerk of the Court


BY:KIMBERLY CLAUSSEN
Deputy Clerk

MAILING ADDRESS:

San Francisco, CA 94102


SRMCH RAW:
Civil Center Courthouse - Civil
PLAINTIFF/PETITIONM John Doe
CFrrAND zip CODE:

DEFENDANT/RESPONDENT:

CASE NUMBER:

COC-15-545540

Kink.com, et al
Re

. or No No-,

PROOF OF SERVICE OF SUMMONS


(Separate pmof of service is required far each party served.)
1. At the time of service I vies at least 18 years of age and not a party to this action.
2. !served copies of:
a.
summons
b.

171
1

C.
d.
e.
f.

complaint
Alternative Dispute Resolution (ADR) package
Civil Case Cover Sheet (served in complex cases only)

EJ

cross-complaint
other (specify documents):

3. a. Party served (speci)' name of party as shown on documents served):

CYBERNET ENTERTAINMENT, LLC


b. 1.71Person (other than the party in Item 3e) served on behalf of an entity or as an authorized agent (and not a person
under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a):

Karen Tynan, Attorney


4.

Address where the party was served:

5.

I served the party (check proper box)


by personal service. I personally delivered the documents listed In item 2 to the party or person authorized to
a.
-5-7(2) at (time): it'a
receive service of process for the party (1) on (date): (j'

157 West Portal Ave., Suite 2, San Francisco, CA 94127

3jj

b. i

at (time):
I left the documents listed in item 2 with or
I by substituted service. On (date):
In the presence of (name and title or relationship to person Indicated in item 3):
(1)

(business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. I informed him or her of the general nature of the papers.

(2) CD (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. I informed him or her of the general nature of the papers.

(3)I
(4)

(5)ED

(physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. I informed
him or her of the general nature of the papers.
I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served
at the place where the copies were left (Code Civ. Proc., 41.2O. I malted the documents on
or 1
a declaration of mairing is attached,
from (city):
(dale):
I attach a declaration of diligence stating actions taken first to attempt personal service.
P55.1 Of 2

Fwm Adoptod for Mendateey Use


Count% 01CaPtcale
p054p10 [Rm.. JellattlY 1,20011

PROOF OF SERVICE OF SUMMONS

Coda ot Civ3 Procedure. 5417,10

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 49 of 55

PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:

John Doe

CASE NUMBER:

CGC-15-545540

Kink.com, et al

5. c. ni by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,
(2) from (ci4):

(1) on (date):

J with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt) (Code Civ. Proc., 415.30.)
(4) Elto an address outside California welh return receipt requested. (Code Clv. Proc., 415.40.)
(3) I

by other means (speci)i means of service and authorizing code section):

ED Additional page describing service is attached.


6. The "Notice to the Person Served' (on the summons) was completed as follows:
as an Individual defendant.
a.
b. Elas the person sued under the fictitious name of (specify):
C.
as occupant
d. U On behalf of (specify):
under the following Code of Civil Procedure section:
415.95 (business organization, form unknown)
CD 416.10 (corporation)
17.1 41620 (defunct corporation)
416.60 (minor)
416.70 (ward or conservatee)
ED 416.30 (joint stock company/association)
416.90 (authorized person)
{:-.7.1 416.40 (association or partnership)
415,46 (occupant)
416.50 (public entity)
other:
7. Person who served papers

a. Name: Sandra Ribera Speed, Esq. (SBN 236769)


Address: 157 West Portal Ave., Suite 2, San Francisco, CA 94127
Telephone number (415)576-1600

b.
c.
d.
e.

The fee for service was: $


am:
(1) r
(2)
(3)

ft.

not a registered California process server.


exempt from registration under Business and Professions Code section 22350(b).
a registered California process server
(i) ni owner ED employee Elindependent contractor.
(if) Registration No.:
(M) County:

!declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Of

9.
Date:

1 am a California sheriff or marshal and I certify that the forego!ng is true and correct.

June 23, 2015

Sandra Ribera Speed, Esq. (SBN 236769)


[NAME OF PERSON WHO SERVED PAPERSSHERIFF OR biARSNAL)

P S-Oft Rfl..Nnuwy 1. 2007I

PROOF OF SERVICE OF SUMMONS

Paife2of 2

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 50 of 55

POS-010
ASPORNEY DR PART/ WITHOUT AITORNEY(Neme, State Soffiuntbar, cimI Oldiftsk

FOR COURT USE ONLY

Sandra Ribera Speed, Esq. (SBN 236769)


Ribera Law Firm
A Professional Corporation
157 West Portal Ave., Suite 2, San Francisco, CA 9412T
1SLEPNONE Na:

(415)576-1600

FAXI40. irspdooNJ:

ELECTRONICALLY
(41 5)

F I LE D

2-032 1

E-MAIL ADDRESS l'OptIonal):


ATTORNEYPOR frizonkt:

Superior Court or California,


County of San Francisco

Plaintiff; JOHN DOE

SUPERIOR COURT OF cailFORNIA, COUNTY OF San Francisco


SYREET ADDRESS:

06/29/2015

400 McAllister Street

Clerk of the Court

MAURO ADDRESS:

aware) ZIP coce


artmcn Name

BYXWBEIILY CLAUSSEN
Deputy Clerk

San Francisco, CA 94102


Civil Center Courthouse - Civil

PLAUNTIFF/PETITIONER: John Doe

CASE NUMBER:

COC-15-545540

DEFSNDANTIRESPONOENT: Kink.COM, et al

Bet No, or RN No.:

PROOF OF SERVICE OF SUMMONS

(Separate proof of service is required for each party seivecL)


1. Al the time of service I was at least 18 years of age and not a party to this action.
2. I served copies of:
a.

summons

b. 171complaint
c. f:::] Alternative Dispute Resolution (ADM package

d. fljCivil Case Cover Sheet (served in compfex cases only)

e. E:1

cross-complaint
other (specify documents):

3. a. Party served (speolfy name of party as shown on documents served):

ARMORY STUDIOS, LLC


b. =I Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person
under item 5b on whom substituted service was made) (spari6, name and relationship to the party named in item 3a):
Karen Tynan, Attorney
4. Address where the party was served:

157 West Portal Ave., Suite 2, San Francisco, CA 94127


5. 1 served the party (check proper box)
a, 17] by personal service. I personally delivered the documents fisted in item 2 to the party or person authorized to
(2) at (time): /7 tai 3
receive service of process for the party (1) on (date): C(. ax(6(date):
at
(time):

I
left
the documents listed in Item 2 with or
On
b. El by substituted Service.
in the presence of (name and title or relationship to person Indicated in item 3):

(1)Ej (business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. I Informed him or her of the general nature of the papers.

(2) 1

(home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. I informed him or her of the general nature of the papers.

(3)r--1 (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. I informed
him or her of the general nature of the papers.
(4)

1 I thereafter mailed (by first-class, postage prepaid) copies of the documents lathe person to be served
at the place where the copies were left (Code Ov. Prom, 4122), 1 marled the documents on
or I I a declaration of mailing is attached.
from (city):
(date):

(5) I

I I attach a declaration of diligence stating actions taken first to attempt personal service.
Page Ibi 2

Para Adopted for Mandatory Use


Judictet Council or California
Jarwery 1, 20071
P05-010

PROOF OF SERVICE OF SUMMONS

Corte 01001 Procedure, 417.10

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 51 of 55

CASE NUMBER:

PLAINTIFF/PETMONER: John Doe

CGC-15-545540

DEFENDANT/RESPONDENT: Kink.e011:1, et al

by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class ma, postage prepaid,
(2) from (city):

(1) on (date):

J with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., 415.30.)
(4)71to an address outside California with return receipt requested. (Code Civ. Proc., 415.40.)
(3)

by other means (speci)' means of service and authorizing code section):

ED Additional page describing service is attached.


6. The "Notice to the Person Served' (on the summons) was completed as follows:
a.
as an individual defendant.
as the person sued under the fictitious name of (specify):
as occupant.
On behalf of (specify):
under the following Code of Civil Procedure section:
ni 416.10 (corporation)
1.:3 415.95 (business organization, form unknown)
El 416.60 (minor)
r-1 416.20 (defunct corporation)
i 416.70 (ward or conservatee)
ED 416.30 (Joint stock company/association)
El 416.90 (authorized person)
ED 416.40 (association or partnership)
415.46 (occupant)
416.50 (public entity)
El other:
7. Person who served papers
a. Name: Sandra Ribera Speed, Esq. (SON 236769)
b. Address: 157 West Portal Ave., Suite 2, San Francisco, CA 94127
c. Telephone number. (415)576-1600
d. The fee for service was: $
e. lam:

L.]

r-

(1)1 /1 not a registered California process server.

exempt from registration under Business and Professions Code section 22350(b).
a registered California process server:
independent contractor.
employee
owner
(i)
(II) Registration No.:
(Ili) County:

(2)
(3)

8.

nt

ri

l I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or

9, ED
Date:

am a California sheriff or marshal and I certify that the foregoing is true and correct.

June 23, 2015

Sandra Ribera Speed, Esq. (SON 236769)


(NAME OF PERSON WHO SERVED PAPERSiSHERSFF OR MARSHAL)

P05.010 {Rev. January 1, 2007]

PROOF OF SERVICE OF SUMMONS

Pat, 2 or 2

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 52 of 55

P05-010
AWORNEY OR PARTY WITHOUT ATTORNEY Norm State Bvnwibecmid 8ddio:

FOR COVRT USE ONLY

Sandra Ribera Speed, Esq. (SBN 236769)


Ribera Law Firm
A Professional Corporation
157 West Portal Ave., Suite 2, San Francisco, CA 94127'
TELEPHONE NO-;

FAX NO. memo:

(415)576-1600

ELECTRONICALLY

E.41AIL ADDRESS (OPtiva9:


ATTORNEY FOR (Nap*
STREET ADORES&

Superior Court of California,


County of Sew Frentisoo

Plaintiff; JOHN DOE

SUPERIOR. COURT OF CALIFORNIA,.COUNTY OF

400 McAllister Street

San Francisco

06/29/2015
Cleric of the Court

MAIM ADORESS!

BYJUME1ERLY CLAUSSEN

San Francisco, CA 94102


BRANCH NAME:
Civil Center Courthouse - Civil
PLAINTIFF/PETITIONER: John Doe
CITY AND ZIP

F I LE D

(415)842-0321

cone

DEFENDANT/RESPONDENT: Kink.COM,et

Deputy Cleric
CASE NUMBER

COC-15-545540

al
Ref. No, or Fdo

No.:

PROOF OF SERVICE OF SUMMONS


(Separate proof of service is required for each party canted.)
1. At the time of service I was at least 18 years of age and not a party to this action.
2. I served copies of
summons

complaint
Alternative Dispute Resolution (ADR) package
CM Case Cover Sheet (served in complex cases only)
Cress-Complaint
other (specify documents):
S. a. Party served (specify name of party as shown on documents served):

KINKMEN.0 OM
b.

FlPerson (other than the party in item 3a) sewed on behalf of an entity or as an authorized agent (and nota person

under item 5t) on whom substituted service was made) (specify name and relation.ship to the party rained in item Sa):

Karen Tynan, Attorney


4.

Address where the party was served:

157 West Portal Ave., Suite 2, San Francisco, CA 94127


5. I served the party (check proper box)
a. 7:1 by personal service. 1 personally delivered the documents listed in item 2 to the party or person authorized to
(2) at (time): /(:
receive service of process for the party (1) on (date):
I left the documents listed in item 2 with or
at (time):
b 71 by substituted service. On (date):
In the presence of (name and title or relationship to person indicated in item 3):

4,(03/6--

(1)ri(business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be Served. I Informed him or her of the general nature of the papers.
(2)

1 (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. I Informed him or her of the general nature of the papers.

(3)Li
(4)

(physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. I informed
him or her of the general nature of the papers.
I thereafter mailed (by first-ciass, postage prepaid) copies of the documents to the person to be served
at the place where the copies were left (Code Civ. Proc., 41520). I mailed the documents on
or I
a declaration of mailing is attached.
from (city):
(date):
I attach a declaration of diligence stating actions taken first to attempt personal service.

(5)71

Pg
Fenn Adopled

for Me ndalory Use


Jecticlat Counellof Caftan%
P05.010 [Rev. ,ienuary 1, 20071

PROOF OF SERVICE OF SUMMONS

o12

Coat CrCmi Protoerre, 5 4l7ii)

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 53 of 55

PLAI/MFF/PETITIONER:
DEFENDANT/RESPONDENT:

John Doe

1CASE NumsEre

CGC-15-545540

Kink_com, et al

5. c. 11by mail and acknowledgment of receipt of service. I mailed the documents listed in Rem 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,
(1) on (date):

(2) from (oily):

(3)I. 1 with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
(4)

to me. (Attach completed Notice and Acknowledgement of Receipt) (Code CM Proc., 415.30.)
1 to an address outside California with return receipt requested. (Code Clv. Proc.. 415.40.)

by other means (specify means of service end authorizing code section):

1-1

Additional page describing service is attached.

6. The "Notice to the Person Served* (on the summons) was completed as follows:
as an individual defendant
as the person sued under the fictitious name of (specify):
as occupant.
On behalf of (specify):
under the following Code of Civil Procedure section:
ED 416.10 (corporation)
1:3 415.95 (business organization, form unknown)
C3 416.20 (defunct corporation)
En 416.60 (minor)
= 416.30 (joint stock company/association) E] 416.70 (ward or consenratee)
1:3 416.90 (authorized person)
416.40 (association or partnership)
I:3 415.46 (occupant)
416.50 (public entity)
f:3 other:
7. Person who served papers
a. Name: Sandra Ribera Speed, Esq. (SBN 236769)
b. Address: 157 West Portal Ave., Suite 2, San Francisco, CA 94127
c. Telephone number: (415)576-1600
d. The fee for service was: $

ri

e.
not a registered California process server.
1
(2) 1::1 exempt from registration under Business and Professions Code section 22350(b).
a registered California process server
(3)
employee ElIndependent contractor.
(i) 1::1 owner
(ii) Registration No.:
(iii) County:

fa
()
lm

8.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

9. 1
Date:

or
I am a California sheriff or marshal and !certify that the foregoing is true and correct.

June 23, 2015

Sandra Ribera Speed, Esq. (SBN 236769)


(NAME OF PERSON WHO SEWED PAPERS/SHERIFF OR MARSHAL)

P05.010 fRey. Jimmy 1. 20071

PROOF OF SERVICE OF SUMMONS

PageS of 2

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 54 of 55

POS 1
ATTORNEY OR PARTY InelliOUT ATTORNEY &ram Sego Seniwnb. and a

I:

FOR COURT USE OK

Sandra Ribera Speed, Esq. (SBN 236769)


Ribera Law Firm
A Professional Corporation
157 West Portal Ave., Suite 2, San Francisco, CA 9412T
TF_LEPRONE ND.: (415)576-1600
FAKNO. (CATkma7: (415)842-0321

ELECTRONICALLY

F I LE D
Superior Comrt of California;
County of Sun FrenCISCO

E-MAIL ADDRESS fOrobne.9:


ATTORNEY FOR (Name):

Plaintiff, JOHN DOE

SUPERIOR COURT OF CAUFORNIACOUNTY OF

sTREET ADORESS:

400 McAllister Street

05/29/2015

San Francisco

Clerk of the Court


BYIUMBERLY CLAUSSEN
Deputy Clerk

MARANO ADDRESS:

San Francisco, CA 94102


8
w*:
Civil Center Courthouse - Civil
PLAINTIFF/PETITIONER: John Doe
crrr Are) ZIP CODE:

DEFENDANT/RESPONDENT: Kink.COM,

CASE NUNEset:

CGC-15-545540

et al
Ret

. ReNo.:

PROOF OF SERVICE OF SUMMONS


(Separate proof of service is required for each party served.)
1. At the time of service I was at least 18 years of age and note party to this action.
2. I served copies of:
summons
a
b.
complaint
C,

Alternative Dispute Resolution (ADR) package


Civil Case Cover Sheet (server) in complex cases only)
d.
cross-complaint
e.
11 other (specify documents):
3. a. Party served (speci47 name of party as shown on documents served):

PETER AC WORTH
b. I v1 Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person
under item 5b on whom substituted service was made) (specify name and relationsh0 to the party named in item 34:

Karen Tynan, Attorney


4. Address where the party was served:

157 West Portal Ave., Suite 2, San Francisco, CA 94127


5. I served the party (check proper box)
by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to
a t
SO4-,
(2) at (time):
receive service of process for the party (1) on (date; Ca 23
I left the documents listed in item 2 with or
at (lime):
b. n by substituted service. On (date):
in the presence of (name and title or relationship to person indicated in item 3):
(business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. I informed him or her of the general nature of the papers.
(home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. I informed him other of the general nature of the papers.
(physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office berx. informed
him or her of the general nature of the papers.
I thereafter mailed (by -first-class, postage prepaid) copies of the documents to the person to be served
at the place where the copies were left (Code Civ_ Proc., 415321. I mailed the documents on
Or I
I a declaration of mailing Is attached.
(date):
from (city):
I attach a declaration of diligence stating actions taken first to attempt personal service.
Pagel al 2
Form Adapted for Mandalay Use
JudicJa1 Cowell or California
P05.010 Way Janualy 1.200?)

PROOF OF SERVICE OF SUMMONS

Coda of CON Procedure, f 417.10

Case 3:15-cv-03377-JCS Document 1-1 Filed 07/22/15 Page 55 of 55

PLAINTIFF/PETMONER:
DEFENDANT/RESPONDENT:

John Doe

CASE HUMES;

COC-15-545540

Kink.com, eta!

ni by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the

5. c.

address shown in item 4, by first-class mail, postage prepaid,


(1) on (date):

(2) from (city):

(3)Fl with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt) (Code Civ. Proc., 415.30.)
(4)1-1to an address outside California with return receipt requested. (Code Civ, Proc.. 415.40.)
by other means (specify means of senlice and authorizing code section):

ED Additional page describing service is attached.


6. The "Notice to the Person Served" (on the summons) was completed as follows:
as an individual defendant
b. fl as the person sued under the fictitious name of (specify):
c. fl as occupant.
F-1 On behalf of (specify):
under the following Cede of Civil Procedure section:
I= 416.10 (corporation)
13 415.95 (business organization, form unknown)
416.20 (defunct corporation)
C:1 416.60 (minor)
ED 416.30 ()oint stock company/association) CJ 416.70 (ward or conservatee)
E---1 416.90 (authorized person)
=1 416.40 (association or partnership)
=1 415.46 (occupant)
1.:3 416.58 (public entity)
E3 other:
7. Person who served papers
a Name: Sandra Ribera Speed, Esq. (SBN 236769)
b. Address: 157 West Portal Ave., Suite 2, San Francisco, CA 94127
c. Telephone number (41 5)576-1600
d. The fee for service was: $
a lam:

a. 71

ri

(1)
(2)
(3)

1 note registered California process server.


1.1111011HE

exempt from registration under Business and Professions Code section 22350(b).
a registered California process server
(i) 1-1 owner
employee F-1 independent contractor.
(ii) Registration No.:
(iii) County:

r-i

8. I 1

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct,

9.

or
I am a California sheriff or marshal and I certify that the foregoing is true and correct

Date:

June 23, 2015

Sandra Ribera Speed, Esq. (SBN 236769)


(NAME OF PERSON MO SERVED PAPERS/SHERFF OR MARSHAL}

1'OS-010 (Row. Januaty 1,2007]

PROOF OF SERVICE OF SUMMONS

Page 2 a z

Case 3:15-cv-03377-JCS Document


Filed SHEET
07/22/15 Page 1 of 2
CIVIL 1-2
COVER

JS 44 (Rev. 12/12) cand rev (1/15/13)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)

bota)jor
nAINTIFFS

DEFENDANTS
CyDernet ntertainment, LLC individually and erroneously sued as
Kink.com and Kinkmen.com; Kink Studios, LLC; Armory Studios, LLC;
Acworth, Peter; Karl, Hogan aka Van Darkholme

(b) County of Residence of First Listed Plaintiff


New York
(EXCEPT DI U.S. PLAINTIFF CASES)

County of Residence of First Listed Defendant


San Francisco,
(Dv U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

State

Attomeis (Jana-mi)

Rittga ttygfirsi finn Name, Address, and Telephone Number)

Sandra Ribera Speed


157 West Portal Ave., Suite 2, San Francisco, CA 94127 415.576.1600

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)


0I

0 2 U.S. Government
Defendant

Michael T. Kennicic, CBN 132406


KENNICK & ASSOCIATES, 110 E. Wilshire, Ste. 401, Fullerton, CA
92832. See attachment for additional attorney.

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plainte
and One Box for Defendant)
(For Diversity Cases Only)
PTF DEF
PTF DEF
0 4 X 4
0 1 Incorporated or Principal Place
01
Citizen of This State
of Business In This State

0 3 Federal Question
(U.S. Government Not a Party)

U.S. Government
Plaintiff

X 4 Diversity
(Indicate Citizenship of Parties in Item HI)

Citizen of Another State

X2

0 2 Incorporated and Principal Place


of Business In Another State

0 5

Citizen or Subject of a
Foreign Country

03

0 3 Foreign Nation

[36 [36

IV. NATURE OF SUIT lace an "X" in One Box On

. REAL PROPERTY
0 210 Land Condemnation
0 220 Foreclosure
0 230 Rent Lease & Ejectment
0 240 Torts to Land
0 245 Tort Product Liability
[3290 All Other Real Property

PERSONAL INJURY
0 310 Airplane
0 315 Airplane Product
Liability
0 320 Assault, Libel &
Slander
0 330 Federal Employers'
Liability
[3340 Marine
0 345 Marine Product
Liability
0 350 Motor Vehicle
0 355 Motor Vehicle
Product Liability
X 360 Other Personal
Injury
0 362 Personal Injury Medical Malpractice
CIVIL RIGHTS
0 440 Other Civil Rights
0 441 Voting
[3442 Employment
0 443 Housing/
Accommodations
0 445 Amer. w/Disabilities Employment
0 446 Amer. w/Disabilities Other
[3448 Education

PERSONAL INJURY
0 365 Personal Injury Product Liability
0 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability

[3625 Drug Related Seizure


of Property 21 USC 881
0 690 Other

PROPERTY RIGHTS
0 820 Copyrights
0 830 Patent
0 840 Trademark
[

SOCIA1

A BO 1-t

0 710 Fair Labor Standards


Act
0 720 Labor/Management
Relations
0 740 Railway Labor Act
0 751 Family and Medical
Leave Act
[3790 Other Labor Litigation
S , [3791 Employee Retirement
Income Security Act

PRISONER PETITE
Habeas Corpus:
0 463 Alien Detainee
0 510 Motions to Vacate
Sentence
0 530 General
0 535 Death Penalty
Other:
0 540 Mandamus & Other
0 550 Civil Rights
0 555 Prison Condition
0 560 Civil Detainee Conditions of
Confinement

0 422 Appeal 28 USC 158


0 423 Withdrawal
28 USC 157

N I CCRITY

0 861 HIA (1395f0


0 862 Black Lung (923)
0 863 DIWC/DIWW (405(g))
0 864 SSID Title XVI
0 865 RSI (405(g))

FEDERAL TAX SUITS


0 870 Taxes (U.S. Plaintiff
or Defendant)
0 871 IRSThird Party
26 USC 7609

0 5

OTHER:STATUTES

BANKRUPT( Y

FORFEITLREJPENALTY

TORTS

CONTRACT
0 110 Insurance
0 120 Marine
0 130 Miller Act
0 140 Negotiable Instrument
0 150 Recovery of Overpayment
& Enforcement of Judgment
0 151 Medicare Act
DI 152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
0 153 Recovery of Overpayment
of Veteran's Benefits
0 160 Stockholders' Suits
0 190 Other Contract
0 195 Contract Product Liability
0 196 Franchise

CA

0 375 False Claims Act


0 400 State Reapportionment
0 410 Antitrust
0 430 Banks and Banking
0 450 Commerce
0 460 Deportation
0 470 Racketeer Influenced and
Corrupt Organizations
0 480 Consumer Credit
0 490 Cable/Sat TV
0 850 Securities/Commodities/
Exchange
0 890 Other Statutory Actions
0 891 Agricultural Acts
0 893 Environmental Matters
0 895 Freedom of Information
Act
0 896 Arbitration
0 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
0 950 Constitutionality of
State Statutes

LNEMGRATION
0 462 Naturalization Application
0 465 Other Immigration
Actions

V. ORIGIN (Place an "X" in One Box On4t)


13 1 Original
Proceeding

I.

0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict


Litigation
Another District
Reopened
(sPec))
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

IS( 2 Removed from


State Court

0 3 Remanded from
Appellate Court

28 USC section 1441(b)


CAUSE OF ACTION Brief description of cause:
Plaintiff alleges personal injury in the course and scope of his employment with Defendants.

VIL REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY

nils

ISA CLASS ACTION


CHECK IF
UNDER RULE 23, F.R.Cv.P.
(See instructions):

DATE
07/22/2015
IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)
(Place an "X" in One Box Only)

CHECK YES only if demanded in complaint:


Yes 13 No
JURY DEMAND:

DEMAND $

vn5roe

DOCKET NUMBER

JUDGE
SIGNATURE OF ATTORNEY OF RECORD
_

t2 SAN FRANCISCO/OAKLAND I-1%4N JOSE E EUREKA

Case 3:15-cv-03377-JCS Document 1-2 Filed 07/22/15 Page 2 of 2

CIVIL CASE COVER SHEET ATTACHMENT

Defendants' attorneys:

KENNICK & ASSOCIATES


110 E. WILSHIRE AVE., SUITE 401
FULLERTON, CA 92832
TELEPHONE: (714) 992-6600
FACSIMILE: (714) 992-6602
MICHAEL T. KENNICK, CBN 132406
mkennick@kennicklaw.com
JOHN C. ELLIS, CBN 217813
jellis@kennicklaw.com
KAREN TYNAN, ATTORNEY AT LAW
1083 VINE STREET, #201
HEALDSBURG, CA 95448
TELEPHONE: (707) 395-0062
FACSIMILE: (707 526-1716
KAREN TYNAN, CBN 217775
dktynan@comcastnet