erage 2 of 20) 1 GLORIA ALLRED SBN 65033 : NATHAN GOLDBERG SBN 62192 2 CHRISTINA CHEUNG, SBN 280148 superiA LEED one nero Cour af Catiorin 3]| ALLRED, MAROKO & GOLDRERG ly eee ! ‘Sure 1500, i 4 6300 Wasim Bouevano NOV 14 2017 LOS ANGELES, CALIFORNIA 90048-5217 i 5 Telephone No, (323) 653.6520, ‘ Fax No, (23) 653-1660, 4 Atormeys for Elin, JANE DOE 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA fl 9 FOR THE COUNTY OF LOS ANGELES fa] 10 individual *K JANE DOE, an Individual, CASE NO: 4 " sn ndiv } BC683411 ch 7 > 12 Plaintiff, ) COMPLAINT FOR DAMAGES le ) B ws. ) 1. SEXUAL BATTERY IN ) VIOLATION OF CAL. CIV. 14 ) CODE § 1708.5 ‘THE WEINSTEIN COMPANY LLC, a 5 15] Corp; THE WEINSTEIN COMPANY )} 2. GENDER VIOLENCE IN HOLDINGS LLC, a Corp; HARVEY ) VIOLATION OF CAL. C1V. 16]) WEINSTEIN, on individual; and DOES1 CODE § 52.4 through 25, inclusive, ) ” 23 BATTERY 18 Defendants. ) 4 ASSAULT ) 19 } 5S. NEGLIGENCE 20 6. NEGLIGENT RETENTION OR SUPERVISION 2 2 7. INJUNCTIVE RELIEF : 2 JURY TRIAL DEMAND Zn © 24} Pinte hereby alleges as follows: O 2 EGATI 0 x 1. Plaintiff JANE DOE (“Plaintiff or “Doe"), at all relevant times mentioned herein, = 27] and curently, resides inthe County of Los Angeles, State of California. Ms 28 2. Plaintiffs informed and believes, and based thereon alleges that Defendant THE 1 ‘COMPLAINT FOR OMAGES Doct 1 Rage 1 Doo 1 = 1717194799 - Doo Type = omER2 20 (eage 2 of 0008 antag o0'os vo'sses ors a age ia oles alg gl sears Freasog :asvoyir9 ray iD = 1717194799 ~ Doo Type = ona Doct 2 Pages 2 - 200(age 3 of 20) 10 u 12 13 4 15 16 7 18 19 20 21 23 24 28 26 27 28 e e WEINSTEIN COMPANY LLC (hereinafter “Weinstein Co.”) is now and at all relevant times a ‘corporation or other form of legal entity doing business in the County of Los Angeles, State of California, 3. Plaintiffs informed and believes, and based thereon alleges that Defendant THE. WEINSTEIN COMPANY HOLDINGS, LLC (hereinafter “Weinstein Co. Holdings”) is now ‘and at all relevant times a corporation ot other form of legal entity doing business in the County of Los Angeles, State of California. 4, DEFENDANT WEINSTEIN CO. HOLDINGS and DEFENDANT WEINSTEIN CO. hereinafter shall be collectively referred to as “the Companies.” 5. Plaintiffs informed and believes, and based thereon alleges that at all relevant times, each Defendant was the principal, agent, partner, joint venturer, officer, director, controlling shareholder, subsidiary, affiliate, parent corporation, successor in interest, and/or predecessor in interest of some or all of the other Defendants, and was engaged with some or all of the other Defendants in a joint enterprise for profit, and bore such other relationships to some or all of the other Defendants so as to be liable for their conduct with respect to the matters alleged below. 6. Plaintiffis informed and believes, and based thereon alleges that each Defendant ‘acted pursuant to and within the scope of the relationships alleged above, that each Defendant ‘knew or should have known about, and authorized, ratified, adopted, approved, controlled, and aided and abetted the conduct of all other Defendants. 7. Plaintiff is informed and believes, and based thereon alleges that at all relevant times, the Companies are joint ventures in that each business combined their property, skill or knowledge with intent to carry out a single business undertaking, each has an ownership interest in the business, they have joint control over the business even if they agreed to delegate control, and they have agreed to share the profits and losses of the business and that together, at all relevant times herein, the Companies regularly conducted business in California in the production of films. 8, Plaintiffs informed and believes, and based thereon alleges that Defendant HARVEY WEINSTEIN (hereinafter “Weinstein”) is an individual who at all relevant times herein, isa resident of the County of New York who regularly came to this County to conduct 2) ‘COMPLAINT FOR DAMAGES oct 1 Pages 3 = Boo HD = 1717194799 - poo Type = ommReage & of 20) 1] business. 2 9. Venue properly lies in this county in that all Defendants regularly conduct business 3|| in this county and that the conduct described herein were committed in this county. 4 10. The true names and capacities, whether individual, corporate, partnership, associate or otherwise, of Defendants sued herein as DOES 1 through 25, inclusive, are currently unknown to Plaintiff, who therefore sues said Defendants by such fictitious names, Plaintiff is informed and believes, and based thereon alleges, that each of the Defendants designated herein as a DOE is legally responsible in some manner for the events and happenings referred to herein, and caused 9 injury and damage proximately thereby to Plaintiff as hereinafter alleged. Plaintiff will seck leave 10} of court to amend this Complaint to show the true names and capacities of the Defendants 11 | designated herein as DOES when the same have been ascertained. Whenever in this complaint 12} reference is made to “Defendants,” such allegation shall be deemed to mean the acts of Defendants 13} acting individually, jointly, and/or severally 4 11. Except as hereinafter specifically described, Defendants and each of them, are and 15] were the agents and/or employees of the other Defendants, and in acting as described herein were 16 | acting within the scope of their authority or employment as agents and/or employees thereof, and 17 | with the permission and consent ofthe other Defendants 18 12. In late 2011, Plaintiff met Defendant Weinstein at a party that Defendants were 19] hosting at the Chateau Marmont, Plaintiff was an actress and informed Weinstein of the same 20 | when she was introduced to at the event, Upon learning that Plaintiff was an actress, 21] Weinstein offered to assist her with her acting career and requested her telephone number. She 2] obliged. 2B 13. Over the next few years, Weinstein invited Plaintiff to attend awards show parties 24]| that the Defendants hosted and maintained regular communication with Plaintiff every few months 25}} thereafter. 6 14, In late 2015, Plaintiffmet Weinstein at the Montage Hotel in Beverly Hills, . 27} California to discuss a prospective acting job on a television show called “Marco Polo” as well as & 28 | acting in two to three other projects. At some point, he said he wanted to masturbate in front of 2 3 oh COMPANT FOR DAUAGES Doct 1 Pagel 4 ~ Doc 20 = 1717194799 - Deo Type = OTRage 5 of 20) 1] her. Plaintiff told Weinstein that she did not want him to masturbate in front of her. Weinstein told her that he would not touch her, but “only” wanted her to watch him. Despite her telling ‘Weinstein “no,” Weinstein proceeded to grip her wrist with one hand while using the other to ‘masturbate in front of her until completion. 15, Inearly spring of 2016, Weinstein contacted Plaintiff again to meet with him at the ‘Montage Hotel in Beverly Hills to celebrate her upcoming role in Marco Polo giving her the impression that she had been chosen for the part. Plaintiff agreed. At some point; Weinstein excused himself and retumed wearing a bathrobe, Before Plaintiff could leave, Weinstein grabbed 9] her and pulled her into the bedroom. Plaintiff told Weinstein that she did not want to do anything 10} sexual with him. He forcefully threw Plaintiff onto the bed. He pulled down her jeans and started 11} to orally copulate her. Plaintiff pushed Weinstein’s head off of her and told him, “Stop!” 12] Weinstein then used his massive weight and strength to force himself on her, pushing his penis 13 } inside of her vagina without a condom. After he withdrew, he gripped her with one hand while 14 using his other hand to masturbate. Plaintiff finally broke free from his grasp and immediately left 15 the bedroom and suite. 16 16. Weinstein contacted her thereafter and acted as if nothing had happened. He told 17] her he was coming to Los Angeles. Plaintiff swore at him and hung up the phone. 18 17. Plaintiff never received a job offer for the Marco Polo project even though she had 19} been previously told that she would be a perfect addition for the show. Nor did she receive any 20] offers for other projects that Weinstein had discussed with her. 2 18, Prior to the incidents involving Plaintiff, the Companies’ exeet 3s, officers, 2 | directors, managing agents, and employees had actual knowledge of Weinstein’s repeated acts of 23 | sexual misconduct with women. In particular, the Companies were aware of Weinstein’s pattern 24 || of using his power and the promise of procuring jobs to coerce and force actresses to engage in 25 | sexual acts with him. 26 19, Based upon information and belief, the Companies were aware of multiple claims a 27} of sexual misconduct against Weinstein, which were settled prior to the initiation of litigation, * 28 20, Based upon information and belief, the Companies’ knowledge of multiple claims & 4 3 COMPLAINT FOR DAMAGES ‘boot 4 Faget § - boo HD = 1717194799 - boo nype = oma(age 6 of 20) 1 | of sexual misconduct against Weinstein is evidenced in their 2015 employment contract with Weinstein. The contract with Weinstein states that if Weinstein is sued for sexual harassment or 2 3 | other “misconduct” that results in a settlement or judgment against the Companies, Weinstein 4 ‘must reimburse the Companies for such setlements or judgments and that Weinstein must pay the 5 | Companies liquidated damages of $250,000 for the first such instance, $500,000 for the second 6 | such instance, $750,000 for the third such instance, and $1,000,000 for each additional instance. 7} Moreover, the contract states that as long as Weinstein pays it constitutes a “cure” for the 8 | misconduct and the Companies can take no further action against Weinstein, such as terminating 9 aim. 10 21. Plaintiff further alleges that the Companies and DOES 1-25 are stitly Liable for 11 | Defendant Weinstein’s actions under the principles of respondeat superior, as alleged herein, and 12 | had advance knowledge that Defendant Weinstein would engage in this despicable conduct while 15 | acting within the scope of his employment and by thei actions and inactions ratified, authorized 14] and condoned this unlawful behavior. 1s 22. Asa direct and proximate result of Defendants unlawful conduct as alleged 16 | hereinabove, Plaintiff has suffered physical injury, severe emotional distress, humiliation, 17] embarrassment, mental and emotional distress and anxiety, and economic harm, all in an amount 18] exceeding the jurisdictional minimum of the Superior Court according to proof at tral. 19 23, The aforementioned conduct by Defendants was willful, wanton, and malicious. At 20) all relevant times, Defendants acted with conscious disregard ofthe Plainif’s tights and feelings. 21 | Defendants also acted with the knowledge of or with reckless disregard forthe fact that their 22 | conduct was certain to cause injury and/or humiliation tothe Plaintiff. Plaintiff is further informed 23 | and believes that Defendants intended to cause fea, physical injury and/or pain and suffering to 24) the Plaintiff. By virtue of the foregoing, the Plaintiff is entitled to recover punitive and exemplary 25 | damages from Defendants according to proof. 26 EIRST CAUSE OF ACTION ns a (Gexual Battery in Violation of Cal, Civ. Code § 1708.5 Against All Defendants) = 2 24. Plaintiff repeats and realleges by reference each and every allegation contained 2 5 qo ‘COMPLAINT FOR DAMAGES ‘Doct 1 pago# 6 — noo 22 = 1717194799 - Doo Type = OmER(eage 7 of 20) 1] hereinabove and incorporates the same herein as though fully set forth herein. 25. — Cal. Civ, Code Section 91708.5(a) provides: A person commits a sexual battery who does any of the following: (1) acts with the intent to cause a harmful or offensive contact with ‘an intimate part of another, and a sexually offensive contact with that person directly or indirectly results. (2) Acts with the intent to cause a harmful or offensive contact with another by use of his or her intimate part, and a sexually offensive contact with that person directly or indirectly results, ) Acts to cause an imminent apprehension of the conduct described in paragraph (I) or (2), and a sexually offensive contact with that person directly or indirectly results. 26. Cal. Civ. Code Section 91708.5(4) defines “intimate part” as the sexual organ, 10 | anus, groin, or buttocks of any person, or the breast of a female. uw 27. Cal. Civ. Code Section 91708.5(f) defines “offensive contact” to mean contact that 12| offends a reasonable sense of personal dignity. 13 28. Plaintiff alleges that Defendant Weinstein committed the act of civil sexual battery 14| in violation of Cal. Civ. Code Section 1708.5, when on or about early 2016, Defendant, willfully, 15} maliciously, intentionally, and without the consent of Plaintiff subjected her to the forceful, 16} harmful and/or offensive touching of Plaintiff's breasts, buttocks, and/or vagina, including 17 viciously raping her by away of vaginal penetration against her will, without her consent, and in 18 | spite of her express objection. 19 29, Plaintiff further alleges that the Companies and DOES 1-25 are strictly liable for 20 Defendant Weinstein’s actions under the principles of respondeat superior, as alleged herein and 21] otherwise had advance knowledge that Defendant Weinstein would engage in this despicable 22]| conduct while acting within the scope of his employment and by their actions and inactions 23 | ratified, authorized and condoned this unlawful behavior. 4 30. Asa direct and/or proximate result of W stein’s unlawful conduct as alleged 25 | hereinabove, Plaintiff has suffered physical injury, severe emotional distress, humiliation, 26|| embarrassment, mental and emotional distress and anxiety, al in an amount exceeding the - 27/| jurisdictional minimum of the Superior Court according to proof at trial, # 28 31. Asa direct and proximate result of Defendants’ unlawful conduct as alleged s 6 a ‘COMPLAINT FOR DAMAGES Dock 1 Pages 7 = oa Zh 1717296799 ~ Dee type = om(age 8 9f 20) 1] hereinabove, Plaintiff has suffered economic harm, loss of earnings, and other damages, all in an ‘amount that exceeds the jurisdictional minimum of the Superior Court, according to proof at trial. 32, The aforementioned conduct by Defendants was willful, wanton, and malicious. At all relevant times, Defendants acted with conscious disregard of the Plaintif's rights and feelings. Weinstein also acted with the knowledge of or with reckless disregard for the fact that his conduct ‘was certain to cause injury and/or humiliation to the Plainti Plaintiff is further informed and believes that Defendants intended to cause fear, physical injury and/or pain and suffering to the Plaintiff. By virtue of the foregoing, the Plaintiff is entitled to recover punitive and exemplary ee a ane on damages from Defendants according to proof at trial. 10 33. Plaintiff also secks declaratory relief as set forth below. u SECOND CAUSE OF ACTION 12 (Gender Violence in Violation of Cal. Civ. Code § 52.4 Against All Defendants) 13 34, Plaintiff repeats and realleges by reference each and every allegation contained 14] hereinabove and incorporates the same herein as though fully set forth herein. 15 38. Cal. Civ. Code Section 52.4(c) defines “gender violence” as: (1) one or more acts 16 } that would constitute a criminal offense under state law that has as an element the use, attempted 17 use, or threatened use of physical force against the person or property of another, committed at 18 | least in part based on the gender of the victim, whether or not those acts have resulted in eriminal 19} complaints, charges, prosecution, or conviction. (2) A physical intrusion or physical invasion of a 20] sexual nature under coercive conditions, whether or not those acts have resulted in criminal 21] charges, complaints, charges, prosecution, or conviction. Cal. Civ. Code Section 52.4(d) provides: ! 22|| Not withstanding any other laws that may establish the liability of an employer for the acts of an 23 | employee, this section does not establish any civil liability of a person because of her or her status 24|/ as an employer, unless the employer personally committed an act of gender violence. i 25 36. Plaintiff further alleges thatthe Companies and DOES 1-25 are strictly lable for | 26} Defendant Weinsten’s actions under the principles of respondeat superior as alleged herein and | > 27} otherwise had advance knowledge that Defendant Weinstein would engage in this despicable = 28 || conduct while acting within the scope of his employment and by their actions and inactions 2 1 o CONANT FOR OARS ool £ aged @ = Doo 20 = 1717194789 - Doo Type = ona(age 9 of 20) 1 ratified, authorized and condoned this unlawful behavior. 37. Plaintiff alleges that, on or about early 2016, and prior to that, Defendant Weinstein violated Cal. Civ. Code Section $2.4 in that one or more acts he inflicted on Plaintiff constitutes a aww criminal offense under state law that has an element of use, attempted use, or threatened use of 5 | physical force against her person, committed atleast in part based on Plaintiff's gender, whether or 6 | not those acts have resulted in criminal complaints, charges, prosecution, or conviction, 38. Plaintiff alleges that, on or about early 2016, and prior to that, Defendant Weinstein violated Cal. Civ. Code Section 52.4 in that he engaged in a physical intrusion or physical invasion ofa sexual nature under coercive conditions, even if those acts have not yet resulted in criminal complaints, charges, prosecution, or conviction, ul 39. Asa direct and proximate result of Defendants’ unlawful conduct as alleged 12 | hereinabove, Plaintiff has suffered physical injury, severe emotional distress, humiliation, 13} embarrassment, mental and emotional distress and anxiety, all in an amount exceeding the 14 | jurisdictional minimum of the Superior Court according to proof at trial 15 40. Asa direct and proximate result of Defendants” unlawful conduct as alleged 16 ] hereinabove, Plaintiff has suffered economic harm and other consequential damages, all in an 17} amount according to proof at tral. 18 41, The aforementioned conduct by Defendants was willful, wanton, and malicious. At 19} all relevant times, Defendants acted with conscious disregard of the Plaintiff's rights and feelings. 20|] Defendants also acted with the knowledge of or with reckless disregard for the fact that their 21] conduct was certain to cause injury and/or humiliation to the Plaintiff. Plaintiff is further informed 22 | and believes that Defendants intended to cause fear, physical injury and/or pain and suffering to 23 | the Plaintiff. By virtue of the foregoing, the Plaintiff is entitled to recover punitive and exemplary 24 | damages from Defendants according to proof at tril. 25 42. Plaintiff also seeks injunctive relief as set forth below. 26 43. Plaintiff has incurred, and will continue to incur, attorneys’ fees in the prosecution cs 27} of this action and therefore demands such reasonable attorneys’ fees and costs as set ‘by the Court. Bala ‘Boo! 1 Pagel 9 ~ Doc ID = 1737194799 - Doo type = ome a8(rage 20 of 20) 1 ‘THIRD CAUSE OF ACTION 2 (For Battery Against All Defendants) 3 44, Plaintiff repeats and realleges by reference each and every allegation contained 4) hereinabove and incorporates the same herein as though fully set forth herein, 5 45. In performing the acts described herein, Defendant Weinstein acted with the intent 6 || to make a harmful and offensive contact with Plaintiff's person. ‘4 46. Defendant Weinstein did, in fact, bring himself into offensive and unwelcome : 8 || contact with Plaintiff as described hereinabove. \9 47, Atall relevant times, Plaintiff found the contact by Defendant to be offensive to her 10] person and dignity. At no time did Plaintiff consent to any of the acts by Defendant alleged 11} hereinabove. n 48. Asaresult of Defendant Weinstein’s acts as hereinabove alleged, Plaintiff was 13 | physically harmed and/or experienced offensive contact with her person. 4 49, Plaintiff further alleges that the Companies and DOES 1-25 are strictly liable for 15} Defendant Weinstein’s actions under the principles of respondeat superior, as alleged herein and 16 | otherwise had advance knowledge that Defendant Weinstein would engage in this despicable 17] conduct while acting within the scope of his employment and by their actions and inactions 18 | ratified, authorized and condoned this unlawful behavior. 19 50. Asaadirect and proximate result of Defendants’ unlawful conduct as alleged 20 | hereinabove, Plaintiff has suffered physical injury, severe emotional distress, humiliation, 21 | embarrassment, mental and emotional distress and anxiety, economic harm and other 22.]| consequential damages, all in an amount exceeding the jurisdictional minimum of the Superior 23 | Court according to proof at trial 4 31, The aforementioned conduct by Defendants was willful, wanton, and malicious. At 25 | all relevant times, Defendants acted with conscious disregard of the Plaintiff's rights and feelings. 26|] Defendants also acted with the knowledge of or with reckless disregard for the fact that their = 27 conduct was certain to cause injury and/or humiliation to the Plaintiff. Plaintiff is further informed & 28 | and believes that Defendants intended to cause fear, physical injury and/or pain and suffering to 3 9 u ‘COMPLAINT FOR DAMAGES ‘boot 1 aged £0 ~ Doo ED = 1717194799 ~ Doo ype = omERrage 11 of 20) 1 | the Plaintiff. By virtue of the foregoing, the Plaintiff is entitled to recover punitive and exemplary 2]| damages from Defendants according to proof at trial. 3 FOURTH CAUSE OF ACTION 4 (Assault Against All Defendants) 5 52, Plaintiff repeats and realleges by reference each and every allegation contained 6 || hereinabove and incorporates the same herein as though fully set forth herein. 7 53. When Defendant Weinstein charged at Plaintiff, Weinstein intended to cause 8 | Plaintiff apprehension of an imminent harmful and offensive contact with her person. 9 54. As aresult of Defendant Weinstein’s acts, Plaintiff was in fact, placed in ‘great 10 apprehension of imminent harmful and offensive contact with her person. WW 55. In performing the acts alleged hereinabove, Defendant Weinstein acted with the 12] intent of making contact with Plaintiff's person. B 56. Ato time did Plaintiff consent to any of the acts by Weinstein alleged 14] hereinabove, 15 57. Defendant’s conduct as described above, caused Plaintiff to be apprehensive that 16] Defendant would subject her to further intentional invasions of her right to be free from offensive ‘ 17)| and harmful contact and demonstrated that at all times material herein, Defendant had a present 18 } ability to subject her to an intentional offensive and harmful touching. 19 58. Plaintiff further alleges that the Companies and DOES 1-25 are strictly liable for 20] Defendant Weinstein’s actions under the principles of respondeat superior, as alleged herein and 21] otherwise had advance knowledge that Defendant Weinstein would engage in this despicable 22|| conduct while acting within the scope of his employment and by their actions and inactions 23 || ratified, authorized and condoned this unlawful behavior. 4 59. Asa direct and proximate result of Defendants’ unlawful conduct as alleged 25 | hereinabove, Plaintiff has suffered physical injury, severe emotional distress, humiliation, 26|/ embarrassment, mental and emotional distress and anxiety, and economic harm, all in an amount "27 exceeding the jurisdictional minimum of the Superior Court according to proof at tril * 28 60. The aforementioned conduct by Defendants was willful, wanton, and malicious. At 3 10 Es TOUPANT FOR DARE oot 1 Page# 12 ~ Doo 29 = 1737196799 - Doo type = orkrage 22 of 20) 1 | all relevant times, Defendants acted with conscious disregard of the Plaintiff's rights and feelings. 2} Defendants also acted with the knowledge of or with reckless disregard for the fact that their 3 | conduct was certain to cause injury and/or humiliation to the Plaintiff. Plaintiff is further informed and believes that Defendants intended to cause fear, physical injury and/or pain and suffering to ‘the Plaintiff. By virtue of the foregoing, the Plaintiff is entitled to recover punitive and exemplary damages from Defendants according to proof. FIFTH CAUSE OF ACTION (For Negligence against all Defendants) 61, Plaintiff repeats and realleges by reference each and every allegation contained 10} hereinabove and incorporates the same herein as though fully set forth herein, nN 62. Defendants committed the negligent actions and/or negligent failures to act, as set 12] forth hereinabove and those acts proximately caused the emotional, physical, and financial injuries 13} visited upon Plaintiff, “4 63. Defendants owed Plaintiff a duty of care not to cause her emotional distress. 1s 64, Defendants breached this duty of care by way of their owm conduct as alleged “16 herein. 7 65. Asadirect and proximate result of Defendants’ extreme and outrageous acts, 18} Plaintiff has suffered emotional distress, humiliation, and embarrassment, economic harm, all in 19] amount exceeding the jurisdictional minimum of the Superior Court according to proof at tral 20 SIXTH CAUSE OF ACTION a (For Negligent Retention or Supervision against the Companies Only) 2 66. Plaintiff repeats and realleges by reference each and every allegation contained 23 | hereinabove and incorporates the same herein as though fully set forth herein, 4 67. The Companies had a mandatory duty of care to properly hire, train, retain, 25} supervise, and discipline their employees so as to avoid unreasonable harm to citizens. With 26 | deliberate indifference, the Companies failed to take necessary, proper or adequate measures in 27) order to prevent the violation of Plaintiff's rights and injury to Plaintiff. Among other acts and/or = 28]) failures to act, the Companies retained Defendant Weinstein and did not terminate him despite & u COMPLANT FOR ORURCES a oot 1 Page# 12 - Doo 3D = 1787194799 - Doo aype » OmERrage 13. of 20) 1] knowing, or should have known of, his long and well-known history of abusing and sexually 2] harassing women based on sex. 3 68. The Companies breached this duty of care by failing to adequately train employees to not sexually discriminate and/or harass women. This lack of adequate supervisory training and/or policies and procedures demonstrates a failure to make reasonable attempts and to prevent sexually discriminatory behavior toward women. In addition, the retention of Defendant ‘Weinstein despite his well-known predatory pattern of abuse and harassment was negligent. 69. The Companies had a duty to control Defendant Weinstein in his interactions with ‘women during meetings taking place within the course and scope of his employment in order to * 10 | prevent the reasonably foreseeable harm that he would sexually harass and/or sexually assault 11| them. 12 70. The Companies’ negligence in supervising and/or retaining Weinstein was a 13} substantial factor in causing Plaintiff's harm. 4 71. Asadirect and proximate result of the Companies’ unlawful conduct, Plaintiff has 15} suffered emotional distress, humiliation, and embarrassment, economic harm, all in amount 16} exceeding the jurisdictional minimum of the Superior Court according to proof at trial. 7 72. The aforementioned conduct by the Companies was willful, wanton, and malicious. 18] Atall relevant times, the Companies acted with conscious disregard of the Plais s tights and 19} feelings, The Companies were aware of the probable dangerous consequences of retaining or 20 | adequately supervising Weinstein and allowing him to meet with women under the guise of 21 | procuring work for them. The Companies acted with the knowledge of or with reckless disregard 22] for the fact that Weinstein’s conduct was certain to cause injury and/or humiliation to the Plaintiff 23 | By virtue of the foregoing, the Plaintiff is entitled to recover punitive and exemplary damages 24]] from the Companies according to proof at trial. 2s ‘SEVENTH CAUSE OF ACTION 26 (Claim for Injunctive Relief Against All Defendants) b 27 73. Plaintiff repeats and realleges by reference each and every allegation contained * 28 hereinabove and incorporates the same herein as though fully set forth herein. 3 2 2 ‘COWPCANT FOR DAMAGES ‘Doct 4 Paget £8 - Doc XD = 1717194799 ~ noo type = oTMERage 14 of 20) 10 n 2 3 1s 16 7 18 19 20 2 2 2B 4 28 26 27 28 74, conduct toward other women. WHEREFORE, Plaintiff prays judgment be entered in her favor against Defendants, and ‘each of them, as follows: 1 Plaintiff Jane Doe demands trial of all issues by jury. DATED: November 14, 2017 ALLRED, MAROKO & GOLDBERG Plaintiff seeks a Court Order enjoining Defendants from engaging in similar For a money judgment representing compensatory damages including consequential damages, lost wages, earning, and all other sums of money, together with interest ‘on these amounts, according to proof, For an award of money judgment for mental pain and anguish and severe emotional distress, according to proof; For punitive and exemplary damages according to proof; For attomeys' fees and costs; For prejudgment and post-judgment interest; For injunctive relief; and For such other and farther relief as the Court may deem just and proper. JURY TRIAL DEMANDED. vy Moin uh GLORIA ALLRED NATHAN GOLDBERG CHRISTINA CHEUNG Attomeys for Plaintiff, JANE DOE 13 COMPLAINT FOR DAMAGES Deck 1 Pageb 14 ~ Dae 1D = 1717394799 ~ Doe type = omERage 15 “ of 20) LOS ANGELES, ca 90048 cu1g TORREY ORT WTO TOY Ri, SB, TST TREO [GLORIA ALLRED, ESQ.; SBN; 65035 NATHAN GOLDBERG, ESQ. ; SBN; 62192 ALLRED, MAROKO & GOLDBERG 1 6300 WILSHIRE BOULEVARD, SUITE 1500 FILED Superior Court of Califorais wuneneno: 323-653-6530 rama: 323-653-1660 ‘County of Los Angeles sromney-o.en_JANE_DOE "SUPERIOR COURT OF CALIFORWIA, COUNTY OF LOS_ANGELES NOV 14 2017 mer isons 122 Na HELL, STREET cryawo ze coot: LOS ANGELES, CA 90012 heer R, Caper, Br OftieeriClerk, casings STANLEY MOSK COURTHOUSE by 41. , Deputy CASE NAME: “JANE DOEv. THE WEINSTEIN COMPANY LLC) THE Mires Soto | WEINSTEIN COMPANY HOiDINGS LLG; and HARVEY WEINSTEIN CIVIL CASE COVER SHEET ‘ompiex Case Designation waeemBC SBS E11 CEC Uotinted Coltimited (2 Counter [—} Joind mou, a Filed with first appearance by defendant | voce: Seman emanded is sxzoees $25,000) $25 800r ess (Gal Rues ot Cour, rule 3402) | er items 1-5 below must be completed eve instuctons on page 2. i Gea one baba ore casa yp alos! esate hs cae: ‘to Tor conect, ate 2) oct ot enactvaary (8 ca ieecten pete Gad vs (Rute 2.740 collections (08) Camagutirongtbeahy Ton” nF} Oercleton 0) asbestos (04) (J otner contract (37) rman 0 Resropeny (J) mesicat malpractice ($5) (Eminent damainvinverse loner pironvo 2 ‘Sten (i) NanPuromo (ote Tor rent een {Fbasinesstotvntsi busines procce 7) —] otra ropry 26) CX ca rights (08) Unlawful Detainer oetamaton 3) lecrnnerca (1) rrraus 6) rerisenti 02) [F intetectual property (19) Tongs 38) J Protessional negigence (25) ‘Judicial Review (other non-PuPDWD tort (35) (Asset torteitre (05) Employment (pete re: sowaton aware (11) )wvrongt termination (36) (Swit ot mandate 02) TF lotner emptoyment (1) other ica view 0) Provisionally Complox Civil Litigation (Cal. Rules of Coun, rules 3400-3403) {2 Antirust Trade roguiation (03) {Construction detect (10) 3 Mass tox (40) Securities migation (28) © enviconnentaToxs to (30) insurance coverage claims asin rom the above fisted provisionally complex case types at) Enforcement of Judgment 1 Enforcement of judgment (20) Miscellaneous Civil Complaint TC ircoan (Footer carpi (not speed above) (2) ‘Wiscltanoous Chl Petition [ Patership and carporate governance (21) oer petion ot speed above) 3) 2 Thiscase (] is {acirs requiring exceptional usicial management: [ac] isnot complex under rule 3400 ofthe California Rules of Cour. the case le complex, mark the a. L_]} Large number of separately represented parties 4. [—] Large number of witnesses '. [1] Extensive motion practic raising dificut or novel e. [—] Coordination with elated actions pending inone of more courts ‘issues that wil be time-consuming to resolve & (Substantial amount of documentary evidence in other counties, states, or countries, or ina federal cout 1. [) Substantial postjudgment jusicial supervision ‘3. Remedios sought (check al hat ply): =. LX] monetary b. LI] nonmanetary; declaratory or injunctive relet c. CC] punitive 4, Number of eauses of ation (spect: 5. Thiscase [J is OC] isnot 6. Ittmere are any known related cases, fie and serve a notice of related case. (You Date: NOVEMBER 14, 2017 (7) SEVEN ‘a class action sut ‘use form CM-O15}) GLORIA ALLRED. ESO., SBN; 65033 b Menus. 4 Led ere Pe na Beare oA NOTICE + Plain must fle tis cover sheet with he fst paper fd in the action or proceecing (except small claims cases or cases fled under the Probate Code, Family Code, or Welfare and Insitutions Code). (Cal. Rules of Court, ru insencions SE the cover sheet in adtion to any cover sheot equa by local court ue. thi cars complex under ue 3.400 et oa ofthe Calfome Rules of Cou, you must orem copy a hi cover sheet on all 0 Romer par scion o proceeding ‘jeUnless tis is @coflectons case under rule 3.740 or a complex cae, this cover sheet will be used for statistical purposes ony. '220;) Falture to fe may result en 3) 2) ORIGINAC’ s#i Dock 2 Paget 15 - Doe 1D = 2717198799 « ‘Se Soviet fuasahonresn 52388 oc type = omanof 20) naraons onion ro comers co eet usr To Plaintiffs and Others Filing First Papors. If you are fing a frst paper (for example, a complain) in a civil case, you must complete and fi, along with yaur fst paper, the Civ Case Cover Shoet contained on page 1. This information wil be used f compile slatstics about the types and numbers of cases fled. You must complete items 1 through 6 on the sheet. In tem 1, you must check ‘one box forthe case fype thal best describes the case. I the case fits both a general and a more specie type of case sted in item 1, ‘check the more specific ono. If the case has multple causes of action, check the box hal best indicates the primary cause of action ‘To assist you in completing the sheet, examples ofthe cases that belong under each case type in item 1 are provided below. A cover sheet must be fled oni with your intial paper. Failure to fe a cover sheet withthe fist paper fied in a cil case may subject pay, Is ‘counsel, or both to sanctions under rues 2.30 and 3.220 of the Calforia Rules of Court. ‘To Parties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money awed ina sum stated tobe certain thats not more than $28,000, exclusive of interest and atlomey/s fees, arising from a transaction in which ‘Property, services, or money was acquired on credit. A calactons case does nol Include an action seeking the folowing: (1) lor ‘damages, (2) punive damages, (2) recovery of real property, (4) recovery of personal property, or (6) a prejudgment writ of tachment ‘The identification ofa case as a rule 3.740 colections case on ths form means that it wil be exam fom the general tme-(r-service requirements and case management rules, unless a defendant fles a responsive pleading. A rule 3.740 collections case willbe subject to the requirements for service and obtaining a judgment in ule 3.740. ‘To Parties in Complex Cases. n complex cases only, parties must also use the Ciul Case Cover Sheet to designate whether the ‘case Is complex. Ifa pain believes the case is complex under ule 3.400 ofthe California Rules of Court, this must be indlated by ‘competing the sppropriate boxes in tems 1 and 2. aplaintif designates a case as complex, the cover sheet must be serves withthe ‘complaint on al parties to the acon. A defendant may fle and serve no later than the time of ie fist eppearance a jonder in the plaints designation, a counter-designaton that the case ls not complox, cr, ifthe plaintlf has made no designation, a designation thet {he case is complex. Auto Tort ‘ts (22)—PeaonlirunfPrperty ‘Damagenvrongtl Death Uninsred Motorist 46) ithe ‘ate volves an unnsied ‘motorist lim subiec f birt, checks tem instood of Aste) ‘other PHFD (Personal Injury? Prope Dumaperenstu aah) ‘Asbestos (04) ‘Asbestos Property Damage Asbestos Persona! ry! Wrong Death Pradut aby (no asbestos or toxisenvtormontl (28) ‘MedclMalpacies (8) Medical Malpractice Physiens & Surgeons ‘ner Professional Heath Cae Waractze ‘ner euPONND G3) Premises Usb (0p ‘na Intent Boa juy/POMD "ea, abssut,vendalem) intentional inrcson of ‘Emotional Disess Negigent ction of Ertiona Dress ther PUPONND on-PUPOMD (Other) Tort Business ToUUefor Business Practice (7, (Cut Righis (e. ieiinaion, fase atest) fot arassment (08) Defamation (29, saeder, te “3 Fra 16) Intetecual Property (19) Prtersional Negigence (25) ‘egal Malpractice Omer Professional Mabractice no pt medical or eoa) her Non PuPDIWD Ton) (CASE TYPES AND EXAMPLES contract ‘Broach of Conractarenty (6) ‘Breocn of Renia/Lesse, “Carrot (ot une detaner ‘wrong vier). Cconyaeuaranty Breact—Seler abe rt or roles) Nepigent roach of Contact ‘Waren ‘ter Breach of ContacyWaranty Ccolectons fe. money owed, open ook accounis (09), Cetecton Cases Pant (ther Promissory NoteiColectons Case Insurance Coverage (not provisionaly compl) (18) ‘Auta Subrogation Other Coverage ‘other Contract 37) ‘Gonactul Fraud (ther Convact Ospute eal Property ‘Eninent Domeivtover ‘Condemnation (4) WrongltEvetion (33) ‘Other Real Property (e.g, seat i) 26) ‘Wtf Possession at Real Property Megane Foecesure ict Tae Other Real Property (not eminent Somat, ontoratenan fortes) Uniti Oetiner ‘Commer (31) Resident (32) rags (8) (the caso ivoas egal ‘rugs, check tis tam: oferis, ‘apenas Commorial or Rsiéora) dust Review “Asset Prt (05) Paton Re Arovaton Awa (11) Wit of Mandate (02) ‘Weit-Admansave Mandamus WricMandamus on Uted Gout ‘Case tater WteOtherLimted Coot Case Other Judit Review (99) Revlon of Heath Offcar Order Proviclnally Complex Civil Ligation (Cal ules of Court Rules 3400-2488), ‘AntrwstTrade Regulation (03) CConatweton Defeat (10), isis invoing Mass Tort (40) ‘Secure Ligation (28) Eutonmenta Texte Tr (20) Instance Coverage Claims. {arising rom provisonaly compte ase Npe ited above) (63) Enforcement of Judgment ‘Efercement of Jucgment 20) ‘Abstract of Judgrert (Out of ‘Gaunty) Confession of Judgment (nan: ‘domes relations) Sister State Judgment ‘Admlistabie Agency Award (ot unpsid taxes) PettontGertleaton of Ent of sludge on Unpaid Taxes Ctr Enforcement 9 udgmant ‘cate ‘Wiscotaneous Civil Complaint "Rico an (ther Complaint (nt specfod above) (2) Declaratory Reset Oy Injnetvo Reif Onl (ron- ‘horesemen) Nezhanies Gen (Othe: Commercial Cmplit ‘Ges (nontertcncompion) tne" Ci Compt {rontor/non-complex) ‘Miscelanoous Chi Petition ‘Panersip snd Corporate ‘Geveranca (21) ther Petion (ot speines above) (3) (Givi Harasement ‘Worpiace vistence lsevDopendent Aut ‘Abuse Election Contest Petition fr Name Change Pebtion for Rei om Late efipioyment Hon “Wrongful Termination (36) Notice of Appeai-Labor Ce ter Employment (15) ‘Commissioner Appeals Ore Gin Pet Bone sa a CIVIL CASE COVER SHEET Tara = oe 1b = 2727394799 ~ boo Type = onsen(age 17 of 20) e e Gino ono OOS TSAI CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) ‘This form is required pursuant to Local Rule 2.3 in all new civil case filings in the Los Angeles Superior Coun. Step 4: After completing the Civil Case Cover Sheet (Judicial Council form CM-010), find the exact case type in Column A that corresponds to the case type indicated in the Civil Case Cover Sheet. Step 2: in Column 8, check the box for the type of action that best desoribes the nature ofthe case, Step 3: in Column C, circle the number which explains the reason for the cout filing location you have chosen. ‘Applicable Reasons for Choosing Court Fillng Location (Column C) 1 Cs ato mite eine Sy Mon Couto, Ctl D7. Lean whew peer was w 2 emi fg con {.ozaton wan etnies ten wl. 3. Location wha cate of con area. 4 Loran whee on of morte pate es. < 4 Manto poral ying New Db {2 ean ct Lab Gems Oe, 7 5: octon tr prone ud or dtd se, 1 Manat fing nnn Cues ct z 6. ecto et propery remarry oxane wei, ‘nto 2) 1 a7100 ttor vehicle - Personal nunyPropary OamaganvangtulDeats | 1, 4,11 5 a Uninsured Motorst (48) |[—).A7110 Persona injury Property Damapanrngll Death ~ Uninsured Motori 4,4, 9, ( a6070 Asbestos Property Damage ‘Asvenion 0 1s asests- Personal hun iongtl Death ee een) iat 1 a22%0 tesa spain -Pryicane & Surgeons wat Neceatmaeractea 4S) 1 arzao other Pessina Heath Care Mebractce hat [avas0 Premises Uabity (9, sp ad am) Damage! Wrongful Death Tort fy Proper 47280 intentional Bolly InunyPropety Damape/Wrongful Death e9., Damage Vong isnt vandatem, ee) ‘ean a I araro tetentonatncion of Emotional Distress |) 47220 Other Personal njun/Property DamayeNWrongful Death Rev 109 Rov 26) CIVIL CASE COVER SHEET ADDENDUM Local Rule 23 Whe. Approved 03-04 AND Sai -OCATION Page 1 of 4 a : SATSINAL’ ‘Dock 1 Paget 17 ~ Doo XD = 1717196799 ~ Doc type = oTEER(@age 18 of 20) (RORTTIRE JANE DOR v. THE WEINSTEIN CONFANY LLC) THe feaenaes it (N_COMPANY HOLDINGS LLC; and HARVEY WEINSTEIN oH ie Business Tot 7) |[—]As029 Other CmmarcalBusines To (not iaudlbreachefeontac) | 4,2, 3 Be || coirimeccn [Lic asos cra mpnscrmiaion 0) ef Defamation 13) [[]A8010 Defamation landed 12.3 Ze iE Feud) [C]ae0r8 Fava re conte 128 EB | petrsinatnentaence a5, [11001 tect nirectce ta as soso one Peters mapacte (at medal oth 123 Other (38) [48025 Cither Non-PersonslinjuryProperty Damage tort [org Temiaton 06) [TASOO7 Wong Temiaten —T |A8024 Other Employment ae Cte Employment ce) | ployment Complaint C Employment | aston Laser conmasoner Appeals ‘0 [Taste ese ovine conc retane tanr org | 2,5 ‘Breach of Contac War teen 2, (00) "=" | as008.consacywaranty Breach Sater Pitt ro trautnegigencey {5 (rotinsurance) (ator Negligent Brech of ConactWaranty (na tad) pee 0028 cer Breach of ContraciWaranty (ot raud or negigence) ae t ne pen z i xsore cine Promissoy Noeotectons Case an 8 as04 cotections Case Purchased Debt (Charged Of Consumer Debt | 5,6, 11 Purchatea on or ater Janay 1, 2014). Insurance Coverage (18) |{—]A8016 Insurance Coverage (nt complex) 1.2.5.8 J asc0e coneacua Favs 12.38 ‘otmercontact 37) |{) asst Tortousinteorence 1235 | asc27 other Contract Dispute(not breachinsurance/iraudinegigence) | 1,2.3,8,9 ‘Enea Semaniinese Tara , ea aa E [ wensutevetn 09) [[Dasoas wrong eveton cae 26 z | aso © | omer ResiPropery 2) |) nsose aviet Tae J 8060 Other Real Property (nat eminent domain, landierd/enant, foreclosure) B [Untewtur Detinee Commercial TTas021 Uniawtul Detainer-Commercial (not drugs or wrongful eviction) j & |] 8020 Uniawtul Detainer-Residential (net drugs or wrongful eviction) eat = j re ee Fee [3 [ew Detar Or G8) [T=] a8022 UnawtDeaer nae Zen uLACIV 109 (Rew 2/16) CIVIL CASE COVER SHEET ADDENDUM ‘Local Rule 2.3 ILASC Approved 03-04 AND STATEMENT OF LOCATION Page 2 of 4 oot 1 Pages 18 ~ Doo 1 2717394799 ~ oo Type = ommER(eage 39 of 20) ‘BoRTe TNE DOE v. THE WEINSTEIN COMPANY LLC, THE com WEINSTEIN COMPANY HOLDINGS LLC; and HARVEY WETNSTEIN Asset Foreiure (0s) |{—Jasio8 Asset Ferteture Case 238 3 | _Petionroarsraton 1) | [06116 Patten o GrpevContm/VecteNraon 25 é sts wen Aaminsrave Mandames | weotatnaat =) |) asisa wt-Mandamvs on te Cout Cate ter 3 isiss wit-cmar uted cout cate Review 2 Othar Judicial Review (38) |[_) A8150 Other Wt /Judicial Review _g. [Pees Renin >][T Ati Aaa Repton Tae oe 128 © | cars manpimeree T os mong i "se 128006 ciimslvotig ass Tot 1.28 S| secunteseazovon 25) [[JAs005 secures Ungeion Cave 1a & Envir go |{1a8098 Texte Totnvrormentat erry E | Meza Sreees cee [score uesars coweguecrepan commer ane oun 1288 Taster Sater Sate suspen Bo He rsteo nesta ot ment qe Enforcement stor confession of sudgment (ron-domeste relations) 8 z of Jodgment 20) |) ast40 administrative Agency Award (nt unpaid taxes) is site eetancentet tr En of utgent on Uris Tax aati oternoeament ot suspment Case 209 . mca TL oasoes Racttewing (CO) Cove Tae z 23 re080 pect Rake! Ony 1ae Sf ‘other Complains. | [] A6040 Injunctve Rese Oniy (not domesticmharassment) 28 BS | qeessecteetoove 4a) |(= pects onercommerca Campin Case rniednonconpin) (1.2.8 us as00e omer ci Complaint rontettnorcorlen) Pargerhip Corsatet[T—|per1a pannenip and Caorte Govemanee Cove 28 (J ast29 chit Harassment 239 se lastes worgace tuassment 239 eee Tastes tterbependentAdut Abuse Case 238 i 1 Peto (Net 4 Sonos Abo) ) |} 6100 elecion Contest a5 sito Potten tor range ot Namercnanse of Gender (astro Peten or Reet tom ate iin Law = (asic omer cv Patton GEACIW 109 (Rew 2716) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3 ye Approved 03-06 AND STATEMENT OF LOCATION Page 3 of 4 ‘oct 1 Page 19 - Deo D = 1717194799 - Doc Type = omER(age 2 of 20) ‘one JANE DOB v. THE WEINGTEIN COMPANY LLC) THE een WEINSTEIN COMPANY HOLDINGS LLC; and HARVEY WEINSTEIN ‘Step 4: Statement of Reason and Address Check the appropriate boxes for the numbers shown under Column C for the type of action that you have, selected. Enter the address which is the basis forthe fiing location, including zip code. (No address required for class action cases) pomeis 225 N. Canon Drive REASON: ce eas ceoscec.Oeoe.OwoMn Beverly Hills ca__|v0a20 Step 5: Certification of Assignment: | ceri that this case is propery fled in the CENTRAL Disbict of the Superior Court of California, County of Los Angeles [Code Civ. Proc., §392 et seq., and Local Rule 2.(a)(1)(E)}, Dated: NOVEMBER 14, 2017. Z lise alt {BEMMTRE OF ATTORETFUNG PART GLORIA ALLRED, ESQ. PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY ‘COMMENCE YOUR NEW COURT CASE: 1. Original Complaint or Petition, 2. Iffling a Compiaint, a completed Summons form for issuance by the Clerk. 3, Civil Case Cover Sheet, Judicial Council form CM-010, 4. Givil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev. 2/6). Paymentin fllof the fling fee, unless there is court order for waiver, partial or scheduled payments, 6. A signed order appointing the Guardian ad Litem, Judicial Council form C1V-010, ifthe pal ‘minor under 18 years of age will be required by Court in order to issue a summons, 7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum must be served along with the summons and complaint, or other intiating pleading in the case. if or petitioner is a Teiv 108 Rov ar6) CIVIL CASE COVER SHEET ADDENDUM Local Rule 23 4of4 USE Asproved 03-04 AND STATEMENT OF LOCATION Pos ‘Dooh 1 Baged 20 ~ Doo XD = 1717194799 ~ Doo ype = omuER