Rory K. Pendergast (SBN: 266765) cF11-.

7 D
James J. White (SBN: 308094) CML. F!!1,-NE.:45. OFFIrE 16 -
2 THE PENDERGAST LAW FIRM, PC CEN MAL DIVISiON
555 West Beech Street, Suite 510
3 San Diego, CA 92101 7011 SEP 29 'ID I: I40
TEL: 619.344.8699
4 FAX: 619.344.8701 CA_ EPK COURT
Roryarorylaw.com sAti tiLui LLiY,i; A
5
ROBERT J. FITZPATRICK, ESQ. (Bar No. 265602)
6 Robert@FitzpatrickLawAPC.com
7 FITZPATRICK LAW, APC
555 West Beech Street, Suite 510
8 TEL: 858.213.4414
FAX: 619.615.2154
9 RobSpatrickLawAPC.com
10 Attorneys for Plaintiff
11 JANE DOE 2017 SEP 29 PM1224

12 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO

13 CENTRAL-DIVISION

14
JANE DOE, an individual CASE NO. 37-2017-00037099-CU-PO-CTL
15
Plaintiff, COMPLAINT FOR:
16
1. ACTION BASED ON CIVIL
17 CODE SECTION 1708.85;
JACQUE D. JONES, an individual; 2. NEGLIGENCE;
18 WASHINGTON NATIONALS 3. NEGLIGENT INFLICTION OF
BASEBALL CLUB, LLC, a Washington, EMOTINAL DISTRESS;
19 4. INTENTIONAL INFLICTION
D.C. limited liability company; and DOES 1 OF EMOTIONAL DISTRESS;
20 through 25, inclusive 5. NEGLIGENT HIRING,
TRAINING AND RETENTION.
21 Defendants.
[DEMAND FOR JURY]
22
Plaintiff alleges the following:
23
GENERAL ALLEGATIONS
24
1. Plaintiff, JANE DOE, ("Plaintiff') is an individual residing in the County of San
25
Diego, State of California. She proceeds with this lawsuit under a pseudonym pursuant to Civil
26
Code section 1708.85.
27
2. Defendant Jacque D. Jones ("Defendant Jones," or "Coach Jones"), is an
28
FITZPATRICK
LAW, APC COMPLAINT
 individual residing in The City of Escondido, County of San Diego, State of California.
2 Defendant Jones is a former Major League Baseball player, and current assistant hitting coach for
3 the Washington Nationals Baseball Club, LLC.
4 3, Defendant Washington Nationals Baseball Club, LLC, is a Washington D.C.
5 limited liability company ("Washington Nationals"), and operates the Washington Nationals
6 Major League Baseball team. It does business in San Diego County sufficiently to meet the
7 minimum contacts requirement for personal jurisdiction in San Diego County, State of California.
8 4. Plaintiff is informed and believes and thereon alleges that each of the defendants
9 named herein as DOES are the agents, employers, representatives or employees of the other
10 named defendants and when performing the acts alleged herein, were acting within the scope of
11 their agency, employment and/or representative capacity and are therefore responsible for the acts
12 complained of herein. Plaintiff is informed and believes and thereon alleges that each fictitiously
13 named defendant is responsible in some manner for the occurrences alleged and Plaintiff's
14 injuries and damages as herein alleged are directly, proximately and/or legally caused by
15 defendants and all of their acts. Plaintiff will seek leave of court to amend this Complaint to set
16 forth the true names and capacities of such named defendants when Plaintiff learns of their
17 identities.
18 5. Plaintiff is informed and believes and based thereon alleges that at all times
19 mentioned herein there existed a unity and identity of interest and ownership between all
20 defendants, such that any individuality and separateness between them have ceased. Each of the
21 defendants is the alter ego of the other in that, inter alia, each is or was composed of the same or
22 practically the same principals, the assets of the entities have been transferred and combined
23 between the entities, and they carry on the same business. Plaintiff is also informed and believes
24 and based thereon alleges that adherence to the fiction of the separate existence of the defendants
25 as distinct from one another would permit an abuse of the corporate privilege and would promote
26 injustice in that it would permit these entities to evade their legal obligations.
27 6. In January 2017, Plaintiff and Defendant Coach Jones began an intimate and
28 sexual relationship, though they had known each other for many years before.
2
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 7. Plaintiff and Coach Jones kept an active relationship even though he was working
2 out of town most days and weeks for the Washington Nationals. They used email, Facebook
3 Messenger, and text messages to communicate throughout the day, including while Coach Jones
4 was working. When Coach Jones was on a break from the baseball season, or the Washington
5 Nationals played in San Diego, they would see each other.
6 8. During one of the times apart, Coach Jones requested Plaintiff send a naked photo
7 of her breasts (i.e., intimate body parts). In Coach Jones's words, he wanted Plaintiff to send him
8 pictures of "the full tiddies." Plaintiff resisted Coach Jones's requests and informed Coach Jones
9 that she was worried other people would see the photos. But he was persistent and assured
10 Plaintiff the photos were private and would remain private Based on Coach Jones's promise,
11 Plaintiff sent him a photo of her breasts. Even though her face was cut out of the photo, the photo
12 includes things that make her identifiable in the photo.
13 9. Sending these photos were very out of the ordinary for Plaintiff. She was so
14 concerned that she later followed up with a text message to Coach Jones that she had never sent
15 any photos like that to any other person. She was put at ease when Coach Jones responded with,
16 "U know I ain't gonna do nothing silly with ['em]." Plaintiff felt she was safe engaging in their
17 romantic relationship and that she could safely and privately send photos of herself to Coach
18 Jones at his request and for his pleasure. In all, Plaintiff sent Coach Jones around 100 photos of
19 herself. Plaintiff had a reasonable expectation Coach Jones would keep the photos private.
20 10. Over the course of their personal and intimate relationship, Plaintiff observed that
21 Coach Jones was controlling and demanding, and for little or no reason, he could quickly become
22 very angry toward women with whom he was romantically involved.
23 11. For example, if Plaintiff did not follow his orders or do what he wanted, he would
24 become angry and would persistently send her harassing text messages. Coach Jones arrived at
25 ballparks 5 to 6 hours before game time and his harassing behavior occurred during times of the
26 day when Coach Jones was at the ballpark working as a coach for the Washington Nationals.
27 12. In late August 2017, Plaintiff hit a point where she wanted out of the relationship,
28 or at least a major change to it.
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 13. On August 20, 2017, the Nationals were in San Diego to play the Padres and
2 Coach Jones was in town. He was eager to see Plaintiff and told Plaintiff he had an authentic
3 MLB sweatshirt for her father. He obtained the sweatshirt from the Padres through his
4 connections as a coach for the Washington Nationals. Coach Jones planned on physically
5 handing the sweatshirt to Plaintiff and he became very angry when Plaintiff informed him that she
6 would not see him in person. Coach Jones became even angrier when Plaintiff informed him she
7 would not be attending the game that day.
8 14. Plaintiff and Coach Jones's romantic and sexual relationship came to an end
9 during the Washington Nationals' game that day. While Coach Jones was at Petco Park, and
10 while he was in the course and scope of his employment as Assistant Batting Coach, he
11 commenced a ferocious barrage of text messages to Plaintiff. His meSsages included the
12 following tirade about Plaintiff's decision not to pick up the sweatshirt in person: "First I wasn't
13 pissed off.. .But now FUCK YOU." He continued: "I have a flicking everyday job.. .Ten hours a
14 fucking day.. .1 was trying to see where you were so I could get you your dads flicking
15 sweatshirt.. .1 didn't have to try and come meet you...But I wanted to fucking hand it to you.. .yea
16 but by the time you answered I had dropped [the sweatshirt] off and went to the stadium.. .So
17 fuck you.. .and your feelings."
18 15. Coach Jones's anger, rage, and vengeance did not stop on August 20th. On
19 August 25, 2017, Plaintiff gave two Washington Nationals baseball hats to a mutual male friend.
20 At a little before 1:00 pm Pacific time on August 25th, the mutual male friend posted on
21 Facebook a photo of the hats with a note saying, "Got these Fresh Hats from the homegirl. Thank
22 you [Plaintiff]."
23 16. Coach Jones immediately saw the mutual friend's post, and during the time Coach
24 Jones was working in the course and scope of his employment as the Assistant Batting Coach for
25 the Washington Nationals, Coach Jones saw the post and became infuriated. Coach Jones was
26 already angry that Plaintiff had wanted to end the relationship. He became even more furious that
27 Plaintiff had given Washington National hats to a mutual friend as he perceived the gesture was
t 28 an insult to him. Coach Jones wanted revenge. 4
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 17. Within 15 minutes of the mutual friend's post, Coach Jones distributed two photos
2 of Plaintiff to the mutual friend through Facebook Messenger that showed Plaintiff's bare breasts
3 and included parts of her neck and upper chest that further indicated the photos depicted Plaintiff.
4 Moreover, Coach Jones wrote a message to the mutual friend stating, "Ask ya homegirl if she
5 wants these back? I see your post and she's on some bull shit. She's loony and the type of chick
6 that makes a nigga wanna stay single."
7 18. Coach Jones specifically chose to distribute the nude photos to a mutual friend of
8 both he and Plaintiff. Coach Jones distributed the photos to embarrass and humiliate Plaintiff and
9 to emotionally devastate her. It worked.
10 19. Later in the day on August 25th, mutual friend told Plaintiff what Coach Jones had
11 done and showed Plaintiff the photos. Since that day, Plaintiff has suffered severe emotional
12 distress, embarrassment, and even physical manifestations of the pain, including vomiting at the
13 thought of Coach Jones's actions and the knowledge that the private nude photos were distributed
14 to others, especially a mutual friend. Plaintiff demanded that the friend immediately delete the
15 photos. Yet, things got worse.
16 20. Coach Jones admitted to Plaintiff and to another friend of Plaintiff that he
17 distributed the private and intimate photos of Plaintiff's breasts. Coach Jones stated, "[Plaintiff]
18 made it personal so had to let him know the real." Coach Jones also stated that if Plaintiff did not
19 cease posting messages on Facebook, he would continue to distribute nude photos of her.
20 21. In the weeks following Coach Jones's distribution of the photos, Plaintiff learned
21 through other mutual friends that Coach Jones had a predisposition and propensity to emotionally
22 abuse and intimidate his female acquaintances, especially when he could no longer "control"
23 them. Plaintiff also learned that Coach Jones was "punishing" her for breaking up with him and
24 insulting him. In this same time period, Plaintiff learned that Coach Jones distributed the photos
25 to other people, in addition to the mutual friend.
26 22. In Coach Jones's world, this sort of behavior, i.e., emotional abuse and
27 intimidation of women was okay. Employees within the Defendant Washington Nationals
28 organization knew of Coach Jones's propensity and predisposition to emotionally abuse and
FITZPATRICK
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 Intimidate women. Agents, employees, and management of Defendant Washington Nationals
2 knew of prior bad conduct of Coach Jones involving emotional abuse and intimidation of women,
3 which occurred before and during Coach Jones's employment with the Washington Nationals.
4 Defendant Washington Nationals failed to investigate, failed to train, and improperly retained
5 Coach Jones even after it knew or should have known of his bad conduct toward women and his
6 propensity for emotional abuse and intimidation toward women. Moreover, after learning of this
7 specific instance in which Coach Jones illegally distributed intimate photos of Plaintiff,
8 Defendant Washington Nationals did nothing.
9 23. Plaintiff has suffered harm as a result of Coach Jones's despicable actions and the
10 failure of Defendant Washington Nationals to investigate and punish known abuse perpetrated by
11 its employee Coach Jones.
12 FIRST CAUSE OF ACTION
13 (Action Based On Civil Code section 1708.85)
14 (Against All Defendants)
15 24. Plaintiff incorporates herein by this reference all preceding paragraphs of the
16 Complaint as though fully set forth anew.
17 25. Defendant Jones intentionally distributed material that exposed Plaintiff's "intimate
18 body parts" as defined by California Civil Code section 1708.85, subdivision (b), by means of
19 photograph, film, video, recording, and other reproductions ("Distributed Material"), without
20 Plaintiffs consent.
21 26. Defendant Jones knew that Plaintiff had a reasonable expectation that the Distributed
22 Material would remain private.
23 27. The Distributed Material was not created under an agreement by Plaintiff for its
24 public use and distribution and was not otherwise intended by Plaintiff for public use and
25 distribution.
26 28. Defendant Jones did not have Plaintiffs permission to publish by any means or post
27 the Distributed Material on an intemet web site.
28 29. Plaintiff did not make the Distributed Material accessible to the general public and
FITZPATRICK
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LAW, Alt COMPLAINT
 therefore, Plaintiff did not waive any reasonable expectation of privacy.
2 30. The Distributed Material does not constitute a matter of public concern.
3 31. The Distributed Material was recorded or reproduced in a private place, not in a
4 public place, therefore Plaintiff had a reasonable expectation of privacy under the circumstances.
5 32. The Distributed Material was not previously distributed by another person.
6 33. As a direct and proximate cause of Defendant Jones's distribution of the Distributed
7 Material, Plaintiff has suffered, and continues to suffer, general and special damages, including but
8 not limited to damages for loss of reputation, shame, mortification, hurt feelings, anxiety,
9 embarrassment and damages to her property, business, trade, profession, occupation, including
10 amounts of money Plaintiff has expended as a result of the distribution.
11 34. Plaintiff's injuries have and will result in special and general damages in excess of
12 this Court's jurisdictional minimum of $25,000.00 exclusive of interest and costs, which will be
13 stated according to proof.
14 35. As a result of Coach Jones's deliberate, outrageous, despicable conduct, Plaintiff is
15 entitled to recover punitive and exemplary damages in an amount commensurate with his
16 wrongful acts and sufficient to punish and deter future similar reprehensible conduct.
17 36. Plaintiff is also entitled to reasonable attorneys' fees and costs of suit pursuant to
18 California Civil Code section 1708.85, subdivision (e).
19 37. Defendant Washington Nationals is vicariously liable for all of the harm caused by
20 Coach Jones's conduct. (See, e.g. California Civil Code sections 2307 and 2339; and Ventura v.
21 ABM Industries, Inc. (2012) 212 Cal.App.4 th 258, 271.) Any employer, including Defendant
22 Washington Nationals, may be liable for an employee's act where the employer subsequently ratified
23 an originally unauthorized tort. The failure to discharge an employee who has committed
24 misconduct may be evidence that the employer ratified the employee's conduct. Ratification applies
25 where an employer fails to investigate or respond to charges that an employee committed an
26 intentional tort (e.g. assault, battery, and here, interne intimidation by way of distribution of private
27 images). (See Ventura v. ABM Industries, Inc. (2012) 212 Cal.App.4th 258, 272.)
28 38. Defendant Jones is and at all times relevant was, an employee of Defendant
FITZPATRICK
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 Washington Nationals. In doing the things herein described, Coach Jones, although he may or may
2 not have been authorized to do so, purported to act on behalf of the Washington Nationals and
3 committed the wrongful conduct while performing his duties as an employee of the Washington
4 Nationals. Defendant Washington Nationals learned of and approved the herein described wrongful
5 conduct of Coach Jones after it occurred. Defendant Washington Nationals failed to investigate and
6 respond to its knowledge that Coach Jones committed the wrongful conduct herein described and
7 failed to terminate Coach Jones.
8 39. Alternatively, Coach Jones was acting within the course and scope of his
9 employment with Defendant Washington National when he committed the wrongful conduct herein
10 described.
11 40. For these reasons, Defendant Washington Nationals is responsible for all the harm
12 caused to Plaintiff by the conduct of Coach Jones, including but not limited to all special, general,
13 punitive damages and reasonable attorneys' fees and costs caused by Coach Jones's violation of
14 Civil Code section 1708.85.
15 SECOND CAUSE OF ACTION
16 (Negligence)

17 (Against All Defendants)

18 41. Plaintiff hereby incorporates by this reference each and every preceding paragraph
19 of this complaint as if fully set forth herein.
20 42. Defendants owed a duty to Plaintiff to use reasonable care to prevent harm to
21 Plaintiff. Their duty of care included the duty outlined under California Civil Code section
22 1708.85, i.e., the duty to refrain from distributing or allowing the distribution of private images
23 containing Plaintiffs "intimate body parts" as defined by California Civil Code section 1708.85,
24 subdivision (b), without the knowledge or consent of Plaintiff.
25 43. Under California Penal Code section 647, subd. (j)(4), Defendants also had a duty not
26 to distribute images of the "intimate body parts" of Plaintiff as defined by California Penal Code
27 section 647, subd. (j)(4)(C), under circumstances in which Plaintiff and Defendants agreed or
28 understood that the images shall have remained irivate.
FITZPATRICK
LAW, Alt COMPLAINT
 44. Defendants knew or should have knows that distribution of the images would cause
2 serious emotional distress to Plaintiff.
3 45. Defendants breached the above-described duties by negligently causing or
4 allowing the distribution of private images containing Plaintiff's "intimate body parts" as defined
5 by California Civil Code section 1708.85, subdivision (b), and California Penal Code section 647,
6 subd. (j)(4)(C), on internet web sites without the knowledge or consent of Plaintiff.
7 46. As a direct and proximate result of the negligent conduct of Defendants, including
8 DOES 1 through 25 inclusive, and each of them, Plaintiff has suffered and continues to suffer
9 general and special damages, including but not limited to severe emotional distress, damages for
10 loss of reputation, shame, mortification, hurt feelings, and damages to her property, business, trade,
11 profession, occupation, including amounts of money Plaintiff has expended as a result of the
12 distribution.
13 47. Defendants' negligent conduct was a substantial factor in causing Plaintiff's
14 injuries.
15 48. Plaintiff is informed and believes, and thereon alleges, that said injuries have and
16 will result in special and general damages in excess of this Court's jurisdictional minimum of
17 $25,000.00 exclusive of interest and costs, which will be stated according to proof.
18 49. As a result of Defendant's deliberate, outrageous, and despicable conduct, Plaintiff
19 is entitled to recover punitive and exemplary damages in an amount commensurate with
20 Defendant's wrongful acts and sufficient to punish and deter future similar reprehensible conduct.
21 50. Defendant Washington Nationals is vicariously liable for the harm caused by Coach
22 Jones's conduct. (See, e.g. California Civil Code sections 2307 and 2339; and Ventura v. ABM
23 Industries, Inc. (2012) 212 Cal.App.4th 258, 271.) Any employer, including Defendant Washington
24 Nationals, may be liable for an employee's act where the employer subsequently ratified an
25 originally unauthorized tort. The failure to discharge an employee who has committed misconduct
26 may be evidence that the employer ratified the employee's conduct. Ratification applies where an
27 employer fails to investigate or respond to charges that an employee committed an intentional tort
28 (e.g. assault, battery, and internet intimidation by way of distribution of private images). (See
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 Ventura v. ABM Industries, Inc. (2012) 212 Cal.App.4 th 258, 272.)
2 51. Defendant Jones is and at all time relevant was, an employee of Defendant
3 Washington Nationals. In doing the things herein described, Coach Jones, although he may or may
4 not have been authorized to do so, purported to act on behalf of the Washington Nationals and
5 committed the wrongful conduct while performing his duties as an employee of the Washington
6 Nationals. Defendant Washington Nationals learned of and approved the herein described wrongful
7 conduct of Coach Jones after it occurred. Defendant Washington Nationals failed to investigate and
8 respond to charges that Coach Jones committed the wrongful conduct herein described and failed to
9 terminate Coach Jones.
10 52. Alternatively, Coach Jones was acting within the course and scope of his
11 employment with Defendant Washington National when he committed the wrongful conduct herein
12 described.
13 53. For these reasons, Defendant Washington Nationals is responsible for all the harm
14 caused to Plaintiff by the conduct of Coach Jones, including but not limited to all special, general,
15 punitive damages and reasonable attorneys' fees and costs caused by Coach Jones's violation of
16 Civil Code section 1708.85.
17 THIRD CAUSE OF ACTION
18 (Negligent Infliction of Emotional Distress)
19 (Against All Defendants)
20 54. Plaintiff hereby incorporates by this reference each and every preceding paragraph
21 of this complaint as if fully set forth herein.
22 55. Defendants were negligent in distributing or allowing the distribution of private
23 images containing Plaintiff's "intimate body parts" as defined by California Civil Code section
24 1708.85, subdivision (b), without the knowledge or consent of Plaintiff.
25 56. As a direct and proximate result of Defendants' negligent conduct, Plaintiff suffered
26 severe emotional distress.
27 57. Defendants' negligent conduct was a substantial factor in causing Plaintiff severe
28 emotional distress.
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 58. Plaintiff's severe emotional distress includes but is not limited to suffering, anguish,
2 horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame to such an extent that an
3 ordinary, reasonable person would not be able to cope with it.
4 59. Plaintiff's injuries have and will result in special and general damages in excess of
5 this Court's jurisdictional minimum of $25,000.00 exclusive of interest and costs, which will be
6 stated according to proof.
7 60. Defendant Washington Nationals is vicariously liable for the harm caused by Coach
8 Jones's conduct. (See, e.g. California Civil Code sections 2307 and 2339; and Ventura v. ABM
9 Industries, Inc. (2012) 212 Cal.App.4th 258, 271.) Any employer, including Defendant Washington
10 Nationals, may be liable for an employee's act where the employer subsequently ratified an
11 originally unauthorized tort. The failure to discharge an employee who has committed misconduct
12 may be evidence that the employer ratified the employee's conduct. Ratification applies where an
13 employer fails to investigate or respond to charges that an employee committed an intentional tort
14 (e.g. assault, battery, and intemet intimidation by way of distribution of private images). (See
15 Ventura v. ABM Industries, Inc. (2012) 212 Cal.App.4th 258, 272.)
16 61. Defendant Jones is and at all time relevant was, an employee of Defendant
17 Washington Nationals. In doing the things herein described, Coach Jones, although he may or may
18 not have been authorized to do so, purported to act on behalf of the Washington Nationals and
19 committed the wrongful conduct while performing his duties as an employee of the Washington
20 Nationals. Defendant Washington Nationals learned of and approved the herein described wrongful
21 conduct of Coach Jones after it occurred. Defendant Washington Nationals failed to investigate and
22 respond to charges that Coach Jones committed the wrongful conduct herein described and failed to
23 terminate Coach Jones.
24 62. Alternatively, Coach Jones was acting within the course and scope of his
25 employment with Defendant Washington National when he committed the wrongful conduct herein
26 described.
27 63. For these reasons, Defendant Washington Nationals is responsible for all the harm
28 caused to Plaintiff by the conduct of Coach Jones, including but not limited to all special, general,
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 punitive damages and reasonable attorneys' fees and costs caused by Coach Jones's violation of
2 Civil Code section 1708.85.
3 FOURTH CAUSE OF ACTION
4 (Intentional Infliction of Emotional Distress)
5 (Against All Defendants)
6 64. Plaintiff hereby incorporates by this reference each and every preceding paragraph
7 of this complaint as if fully set forth herein.
8 65. Defendants' conduct in distributing or allowing the distribution of private images
9 containing Plaintiff's "intimate body parts" as defined by California Civil Code section 1708.85,
10 subdivision (b), without the knowledge or consent of Plaintiff caused Plaintiff to suffer severe
11 emotional distress.
12 66. Defendants' conduct was outrageous, completely intolerable and goes beyond all
13 possible bounds of decency and reasonable behavior. Defendant's distribution of Plaintiffs
14 private images was especially egregious knowing Plaintiff's vulnerability and likelihood of the
15 conduct to cause severed emotional distress to Plaintiff.
16 67. Defendants acted with reckless disregard of the probability that Plaintiff would
17 suffer severe emotional distress, knowing that Plaintiffs images were private and contained
18 intimate body parts. Defendants knew that their conduct would cause severe emotional harm or
19 gave little or no thought to the consequences of their actions.
20 68. As a direct and proximate result of Defendants' conduct, Plaintiff suffered severe
21 emotional distress.
22 69. Defendants' conduct was a substantial factor in causing Plaintiff severe emotional
23 distress.
24 70. Plaintiff's severe emotional distress includes but is not limited to suffering, anguish,
25 horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame to such an extent that an
26 ordinary, reasonable person would not be able to cope with it.
27 71. Plaintiff is informed and believes, and thereon alleges, that said injuries have and
28 will result in special and general damages in excess of this Court's jurisdictional minimum of
FITZPATRICK
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 $25,000.00 exclusive of interest and costs, which will be stated according to proof.
2 72. As a result of Defendants' deliberate, outrageous, and despicable conduct, Plaintiff
3 is entitled to recover punitive and exemplary damages in an amount commensurate with
4 Defendants' wrongful acts and sufficient to punish and deter future similar reprehensible conduct.
5 73. Defendant Washington Nationals is vicariously liable for the harm caused by Coach
6 Jones's conduct. (See, e.g. California Civil Code sections 2307 and 2339; and Ventura v. ABM
7 Industries, Inc. (2012) 212 Cal.App.4th 258, 271.) Any employer, including Defendant Washington
8 Nationals, may be liable for an employee's act where the employer subsequently ratified an
9 originally unauthorized tort. The failure to discharge an employee who has committed misconduct
10 may be evidence that the employer ratified the employee's conduct. Ratification applies where an
11 employer fails to investigate or respond to charges that an employee committed an intentional tort
12 (e.g. assault, battery, and internet intimidation by way of distribution of private images). (See
13 Ventura v. ABM Industries, Inc. (2012) 212 Cal.App.4 th 258, 272.)
14 74. Defendant Jones is and at all time relevant was, an employee of Defendant
15 Washington Nationals. In doing the things herein described, Coach Jones, although he may or may
16 not have been authorized to do so, purported to act on behalf of the Washington Nationals and
17 committed the wrongful conduct while performing his duties as an employee of the Washington
18 Nationals. Defendant Washington Nationals learned of and approved the herein described wrongful
19 conduct of Coach Jones after it occurred. Defendant Washington Nationals failed to investigate and
20 respond to charges that Coach Jones committed the wrongful conduct herein described and failed to
21 terminate Coach Jones.
22 75. Alternatively, Coach Jones was acting within the course and scope of his
23 employment with Defendant Washington National when he committed the wrongful conduct herein
24 described.
25 76. For these reasons, Defendant Washington Nationals is responsible for all the harm
26 caused to Plaintiff by the conduct of Coach Jones, including but not limited to all special, general,
27 punitive damages and reasonable attorneys' fees and costs caused by Coach Jones's violation of
28 Civil Code section 1708.85.
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 FIFTH CAUSE OF ACTION
2 (Negligent Hiring, Training, Retention)
3 (Against Defendant Washington Nationals)
4 77. Plaintiff hereby incorporates by this reference each and every preceding paragraph
5 of this complaint as if fully set forth herein.
6 78. Coach Jones had a long career in professional baseball spanning over a decade in
7 the Major Leagues. He was an all-American outfielder in college baseball and was a member of
8 the 1996 U.S. Olympic Baseball team. Coach Jones spent most of his MLB years playing for the
9 Minnesota Twins and also played for the Cubs, Tigers, and Marlins. While playing for the Cubs,
10 Coach Jones was mentored by the Cubs manager at the time, who is now the team manager for
11 Defendant Washington Nationals. From 2006 to present, Coach Jones and that manager kept in
12 constant contact and became very close. Coach Jones has stated in interviews that baseball
13 creates a brotherhood with those people you are around and you really get to know your players
14 and coaches.
15 79. Through years of close interaction, the Washington Nationals manager learned of
16 Coach Jones's propensity to emotionally abuse and intimidate women. Despite this knowledge,
17 in 2016 he invited Coach Jones to work as an assistant hitting coach for the Washington
18 Nationals. Coach Jones accepted the opportunity he still holds this coaching position today.
19 80. Defendant Washington Nationals, including its employees, agents, owners, staff,
20 management, and players, knew or should have known that Coach Jones had a predisposition and
21 propensity to emotionally abuse and intimidate his female acquaintances. Defendant Washington
22 Nationals knew or should have known that Coach Jones used his fame, celebrity and position on
23 the Washington Nationals to exert real or apparent power over his victim female acquaintances in
24 an effort to carry out his emotional abuse and intimidation for his personal gain and sexual
25 interests. Defendant Washington Nationals knew or should have known that Coach Jones
26 intimidated and emotionally abused his victims during his employment with the Washington
27 National and while on the job performing his coaching duties.
28 81. The Washington Nationals had a duty to act in a reasonable manner and to
FITZPATRICK
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 properly investigate its employees and agents before hiring, training and retaining them. The
2 Washington Nationals also had a duty to effectively train its employees on team policies,
3 procedures, and practices to avoid unreasonable risk of harm to the public.
4 82. The Washington Nationals knew or should have known that Coach Jones was
5 predisposed to committing and had the propensity to commit the wrongful acts of the nature
6 described herein and this unfitness or predisposition created a particular risk of harm to the
7 public. The Washington Nationals ignored and failed to address this predisposition. Coach
8 Jones's propensity or predisposition caused Plaintiff to suffer serious injuries, including severe
9 emotional distress.
10 83. The Washington Nationals' negligence in hiring, supervising, retaining, and
11 training Coach Jones was a substantial factor in causing Plaintiffs harm.
12 84. Defendant Washington Nationals is directly liable for its breaches of the duties it
13 owed to Plaintiff arising from its duties to hire, retain, supervise and train its employees.
14 85. To the extent Defendant Washington Nationals is not directly liable, it is
15 vicariously liable for all of Plaintiff's injuries and harm (including economic and non-economic
16 damages) caused by the breaches of its employees and agents and the wrongful conduct of its
17 employees and agents.
18 PRAYER FOR RELIEF
19 WHEREFORE, Plaintiff prays for judgment against the Defendants, and each of them, as
20 follows:
21 1. Economic damages in an amount to be determined according to proof;
22 2. Non-economic damages in an amount to be determined according to proof;
23 3. Exemplary/punitive damages in an amount to be determined according to proof;
24 4. Compensatory damages according to proof;
25 5. Prejudgment and post judgment interest as provided by statute;
26 6. Attorneys' fees, expenses, and costs of this action pursuant to statute, including but
27 not limited to California Civil Code section 1708.85, and in equity;
28
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 7. Equitable and injunctive relief under California Civil Code section 1708.85,
2 including a permanent injunction ordering Defendant Jones to cease distribution of the private
3 material described herein; and
4 8. Such further relief as this Court deems necessary, just, and proper.
5
6 DATED: September 28, 2017 FITZPATRICK LAW, APC
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7
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By: /
ROBERT J. FITZPATRICK, ESQ.
9 Attorney for PLAINTIFF
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FITZPATRICK
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LAW, AFC COMPLAINT