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sis eco. 3 5 5 i g KIRAKOSIAN LAW, APC a ENG & ea aAHN eon GREG L. KIRAKOSIAN (SBN 294580) RAFFIS.BATANIAN (SBN 326338) KIRAKOSIAN LAW, APC HISTORIC ENGINE Co. NO. 28 644 SOUTH FIGUEROA STREET Los ANGELES, CALIFORNIA 90017-3411 ‘TELEPHONE: (213) 417-9790 FACSIMILE: (213) 477-2355 Attorneys for Plaintiff, JANE DOE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES JANE DOE, an individual, CASE NO.: Plaintiff, VERIFIED COMPLAINT FOR amu DAMAGES: (1) SEXUAL ASSAULT; (2) SEXUAL BATTER OSCAR DE LA HOYA, an individual; (3) GENDER VIOLANCE; and DOES | — 20 inclusive, (4) NEGLIGENCE; (5) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. vs, Defendants. DEMAND FOR JURY TRIAL Unlimited Civil Jurisdiction Plaintiff, Jane Doe, brings this verified complaint under oath against Oscar De La Hoya for Sexual Assault and Battery, Gender Violence, Negligence, and the Infliction of Extreme Emotional Distress, and alleges as follows: ‘COMPLAINT FOR DAMAGES Lamy ABE Sha beds7 KIRAKOSIAN LAW, Ironic EN resales wigetEs, Loe FACTUAL SUMMARY 1. Plaintiff was raised in Southern California in a family of modest means. After completing high school, she qualified for the police academy but, instead, chose to pursue a career in nursing to become a licensed vocational nurse. 2, Inlate 2016, Plaintiff was introduced to Oscar De La Hoya. Thereafter, Plaintiff and De La Hoya met on several additional occasions and became friends. Plaintiff'and De La Hoya began to confide in one another about personal matters. Eventually, De La Hoya asked her out. 3. On their first night alone, De La Hoya revealed that he had unique sexual proclivities and fetishes that included, but were not limited to, watching transgender pornography and receiving anal gratification with the use of various objects. While Plaintiff had no moral objections to his preferences, Plaintiff made clear that she did not share his sexual proclivities. Plaintiff and De La Hoya agreed that as long as her wishes were respected, the two of them could engage in a sexual relationship. 4. Thereafter, Plaintiff and De La Hoya had a consensual sexual relationship that was formed with the explicit understanding that De La Hoya would abide by Plaintiff's wishes. Nonetheless, on several occasions, De La Hoya would request that Plaintiff wear strap-ons, anally gratify De La Hoya with various objects, and/or watch transgender pornography together. However, when Plaintiff would deny those requests, De La Hoya would respect those wishes or simply pleasure himself. Believing that De La Hoya would continue to abide by her wishes and never exceed her consent, Plaintiff continued her relationship with De La Hoya. 5. On or about November 12, 2017, De La Hoya invited Plaintiff to visit his newly purchased home in Pasadena, California. Upon arriving, Plaintiff was met by De La Hoya who led her in and gave her a tour of his new home. With De La Hoya's consent, Plaintiff began recording various rooms in the house. Upon entering the kitchen, Plaintiff saw and recorded various bottles of alcohol and a bag of what appeared to be cocaine. Plaintiff and De La Hoya shared a few drinks and the two engaged in normal conversation. -2- ‘COMPLAINT FOR DAMAGES SH USAR bed KIRAKOSIAN LAW, APC RIC ENGINE CO, LESS SeocewraAuneun 6. Eventually, De La Hoya became increasingly intoxicated and began repeatedly asking Plaintiff to "keep up" and take shots with De La Hoya. Plaintiff refused and drank at her normal pace as De La Hoya continued to get increasingly and exceedingly intoxicated. 7. Eventually, De La Hoya led Plaintiff into his bedroom where she believed they ‘would engage in consensual sex. However, after some time, it appeared De La Hoya was unable or unwilling to perform. De La Hoya began asking Plaintiff if she was interested in "experimenting." De La Hoya discussed various things, including strap-ons, transgender porn, anal sex, and videotaping or photographing sexual encounters. Plaintiff attempted to brush off the conversation until De La Hoya began watching transgender porn and asking Plaintiff if she was interested in wearing a strap-on and photographing. Plaintiff politely rebuffed De La Hoya’s requests and asked that he turn off the transgender porn. 8. Frustrated with Plaintiff, De La Hoya asked if Plaintiff would accompany him to the shower and anally pleasure De La Hoya. Plaintiff refused. De La Hoya entered his shower and began pleasuring himself with the use of a hairbrush handle while Plaintiff continued to photograph at De La Hoya’s request. Eventually, De La Hoya exited the shower and again tried to convince and coax Plaintiff to use a strap-on or other objects. Plaintiff continued to refuse his requests. 9. De La Hoya grew angry and frustrated at Plaintiff for refusing his requests and ultimately held her down with one arm while forcefully trying to insert his fist into Plaintiff's vagina. Plaintiff repeatedly said no and demanded that De La Hoya stop. However, De La Hoya overpowered her and suddenly and forcefully pushed his hand and fist into Plaintiff's vagina. Plaintiff screamed in pain and eventually squirmed her pelvis away from De La Hoya. Shocked, scared, and in extreme pain, Plaintiff screamed at De La Hoya for his conduct. Despite her visible distress, pain, and anger, De La Hoya laughed and responded by repeatedly urging Plaintiff to take a shot of alcohol and to try wearing a strap-on or to use various objects on De La Hoya. Plaintiff refused and De La Hoya angrily left the room. Plaintiff collected herself and left De La Hoya’s residence in extreme shock and pain. -3- COMPLAINT FOR DAMAGES 7 ae ee Ann Sat! KIRAKOSIAN Law, APC fe Los 10. Following the incident, Plaintiff felt extreme swelling and pain for which she was prescribed medication at urgent care. ‘Thereafter, Plaintiff sought treatment with a Doctor of Psychology and Certified Sex Therapist who diagnosed Plaintiff with Post-Traumatic Stress Disorder arising from the sexual battery by De La Hoya. To date, Plaintiff continues to suffer from extreme distress, humiliation, indignation, and outrage as a result of De La Hoya's conduct. As a result of said distress, Plaintiff has suffered and continues to suffer constant and daily symptoms of depression, anxiety, and related symptoms associated with post-traumatic stress disorder. 11. The acts of De La Hoya, as alleged herein, were extreme, outrageous, and beyond all bounds of decency tolerated in a civilized society. Moreover, De La Hoya’s conduct was malicious, oppressive, highly reprehensible and done with the intent to subject Plaintiff to unjust hardship, and as such warrants the imposition of punitive damages in an amount sufficient to punish De La Hoya and deter all others from engaging in similar conduct. GENERAL ALLEGATIONS 12. Plaintiff, Jane Doe is and, at all relevant times, was an individual residing in the County of San Bernardino, California. At the time of the incident, Plaintiff was a twenty-nine- year-old female, The events described herein and Plaintiff's injuries occurred at the home of Defendant De La Hoya 13. Defendant Oscar De La Hoya is and, atall relevant times, was an individual residing in the City of Pasadena, in the County of Los Angeles, California. 14, Plaintiff is informed and believes and thereon alleges that Defendant DOES 1 through 10 are individuals and/or business entities of unknown form, conducting business in the County of Los Angeles, State of California. Plaintiff is ignorant of the true names and capacities of Defendant DOES | through 10, inclusive, and has therefore sued them by the foregoing names which are fictitious, and is informed and believes and thereon alleges that each of the said Defendants are liable to the Plaintiff jointly and severally in this action, and Plaintiff asks that when their true names and capacities are discovered, this Complaint be amended by inserting their true names and capacities in lieu of said fictitious names. <4: ‘COMPLAINT FOR DAMAGES Law, APC INE Co, NO. 28 0017 tesa SF FIRST CAUSE OF ACTION SEXUAL ASSAULT (Jane Doe against Oscar De La Hoya) 15. Plaintiff realleges and incorporates each and every allegation contained in the preceding paragraphs of this Complaint, as though fully set forth herein. 16. On or about November 12, 2017, Defendant Oscar De La Hoya unlawfully and forcefully held Plaintiff down against her wishes with the intent to enter Plaintiff's vagina against her wishes and against her explicit denial of consent, thereby with the intent to commit a sexual battery. 17. At the time of the incident, De La Hoya was intoxicated and observably angry at Plaintiff for her explicit refusal to comply with De La Hoya’s sexual commands. Plaintiff is informed and believes that, out of anger, retaliation, and a motivation to cause Plaintiff fear, De La Hoya engaged in the foregoing unlawful conduct. 18. Under the circumstances, Plaintiff reasonably believed and feared that De La Hoya was going to sexually batter her and she would be harmed and emotionally distressed by De La Hoya’s conduct. Ultimately, De La Hoya did carry out the harm. Plaintiff did not consent to the conduct and was, in fact, placed in apprehension of the imminent harmful and offensive conduct. 19. As a direct and proximate result of De La Hoya’s unlawful conduct, Plaintiff suffered special and general damages, including physical injuries and extreme emotional distress. Plaintiff continues to suffer from emotional distress and mental suffering, in an amount to be determined at trial. 20. De La Hoya’s conduct was oppressive, malicious, despicable, highly reprehensible and done with the intent to subject Plaintiff to unjust hardship, and as such warrants imposition of punitive and exemplary damages in an amount sufficient to punish De La Hoya and deter all others from engaging in similar conduct. -5- ‘COMPLAINT FOR DAMAGES WaenGa| Koss eee oe SECOND CAUSE OF ACTION SEXUAL BATTERY (Jane Doe against Oscar De La Hoya) 21, Plaintiff realleges and incorporates each and every allegation contained in the preceding paragraphs of this Complaint, as though fully set forth herein. 22. On or about November 12, 2017, Defendant Oscar De La Hoya unlawfully and forcefully held Plaintiff down against her wishes and suddenly and forcefully pushed his hand and fist into Plaintiff's vagina. 23. De La Hoya committed the foregoing conduct without Plaintiff"s consent and, in fact, committed the conduct against the explicit wishes and denial of consent. De La Hoy conduct was committed with the intent to offend and harm Plaintiff. 24. As a direct and proximate result of De La Hoya’s unlawful conduct, Plaintiff suffered special and general damages, including physical injuries and extreme emotional distress. Plai ‘ff continues to suffer from emotional distress and mental suffering, in an amount to be determined at trial. 25. De La Hoya’s conduct was oppressive, malicious, despicable, highly reprehensible and done with the intent to subject Plaintiff to unjust hardship, and as such warrants imposition of punitive and exemplary damages in an amount sufficient to punish De La Hoya and deter all others from engaging in similar conduct. ‘THIRD CAUSE OF ACTION GENDER VIOLENCE (Civ. Code § 52.4) (Jane Doe against Oscar De La Hoya) 26. Plaintiff realleges and incorporates each and every allegation contained in the preceding paragraphs of this Complaint, as though fully set forth herein. 27. As described above, De La Hoya committed violent sexual acts upon Plaintiff that constitute criminal offenses. 28. California Civil Code section 52.4 states that gender violence is a “form of sex discrimination” and means any of the following: -6- ‘COMPLAINT FOR DAMAGES 17 Anes ie 0, KIRAKOSIAN Law, APC BSE ee LoS Knees CL Cwm rauneun 10 u 12 1B 4 15 16 7 18 19 20 21 2 2B 24 25 26 27 28 (1) One of more acts that would constitute a criminal offense under state law that has an element the use, attempted use, or threatened use of physical force against the person or property of another, committed at least in part based on the gender of the victim, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction. (2)A physical intrusion or physical invasion of a sexual nature under coercive conditions, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction. [emphasis added] 29. As escribed herein, Plaintiff was sexually assaulted, battered, and subjected to a physical intrusion and invasion of a sexual nature under forceful and coercive conditions by De La Hoya. 30. As a direct and proximate result of De La Hoya’s unlawful conduct, Plaintiff suffered special and general damages, including physical injuries and extreme emotional distress. Plaintiff continues to suffer from emotional distress and mental suffering, in an amount to be determined at trial. 31. De La Hoya’s conduct was oppressive, malicious, despicable, highly reprehensible and done with the intent to subject Plaintiff to unjust hardship, and as such warrants imposition of punitive and exemplary damages in an amount sufficient to punish De La Hoya and deter all others from engaging in similar conduct. 32. Pursuant to Civil Code section 52.4(a), Plaintiff is entitled to reasonable attorneys’ fees as determined by the Court. FOURTH CAUSE OF ACTI NEGLIGENCE (Jane Doe against Oscar De La Hoya) 33. Plaintiff realleges and incorporates each and every allegation contained in the preceding paragraphs of this Complaint, as though fully set forth herein. 34, De La Hoya had a duty to use reasonable care in his interactions with others and to ensure that individuals are free from foreseeable risks of harm from Defendants conduct and not to expose such persons to reasonably foreseeable risks of injury and causing them mental harm and anguish, 27: ‘COMPLAINT FOR DAMAGES Sodt7 ‘gas eco, SLEORNIA SSE NCELES KIRAKOSIAN Law, APC ree Lo8! Cem rane en 35. As alleged herein, Defendant breached the duty of care owed to Plaintiff by failing to act with the requisite care required. 36. Defendant knew or should have known that Defendant’s conduct posed a significant risk of harm to Plaintiff, as it did when Defendant caused Plaintiff serious physical injuries and emotional distress. 37. As a direct and proximate result of Defendant’s conduct, Plaintiff suffered physical injuries, mental anguish, emotional distress, and injury to her mind in an amount according to proof at trial. FIFTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Jane Doe against Oscar De La Hoya) 38. Plaintiff realleges and incorporates each and every allegation contained in the preceding paragraphs of this Complaint, as though fully set forth herein. 39. The acts of De La Hoya, as alleged herein, were extreme, outrageous, and beyond all bounds of decency tolerated in a civilized society. 40. Defendant intended to cause Plaintiff emotional distress, and/or acted with reckless disregard of the probability that Plaintiff would suffer emotional distress. 41, Plaintiff suffered severe emotional distress, which continues to the present, and De La Hoya’s conduct was a substantial factor in causing her severe emotional distress. 42. As a direct and proximate result of Defendant’s wrongful conduct, Plaintiff suffered special and general damages, including physical injuries and mental suffering, and continues to experience non-economic loss including mental suffering, in an amount to be determined at trial. 43. Moreover, De La Hoya’s conduct was malicious, oppressive, highly reprehensible and done with the intent to subject Plaintiff to unjust hardship, and as such warrants the imposition of punitive in an amount sufficient to punish De La Hoya and deter all others from engaging in similar conduct. -8- ‘COMPLAINT FOR DAMAGES phi KIRAKOSIAN LAW, APC Het oe: LoS knees Ce aan een PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for relief against De La Hoya as follows: 1. For economic damages in an amount according to proof, 2. For non-economic damages in an amount according to proof; 3. For prejudgment interest and interest on damages awarded to the maximum extent permitted by law; 4. For punitive and exemplary damages; 5. For reasonable attorney’s fees and costs where allowed by law; and 6. Forsuch other and further relief as the Court may deem just and proper. DEMAND FOR JURY TRIAL Plaintiff JANE DOE hereby demands a jury trial. DATED: October 17, 2019 KIRAKOSIAN LAW, APC By: RAFFI S. BATANIAN Attorneys for Plaintiff JANE DOE -9- ‘COMPLAINT FOR DAMAGES g 2 2 4 3 g a a tI 2 3 aa & VERIFICATION TO COMPLAINT JANE DOE vy. OSCAR DE LA HOYA I, Jane Doe, declare as follows: Lam the Plaintiff in the above entitled matter and I have read the foregoing document entitled PLAINTIFF’S VERIFIED COMPLAINT FOR DAMAGES and know its contents. The matters stated in the foregoing Complaint are true of my own knowledge and the best of my recollection, except as to those matters which are stated on information and belief, and as to those mattes, I believe them to be true. I declare under penalty of perjury under the laws of California that the || foregoing is true and correct. Executed on October 17, 2019 in Los Angeles, California. ‘VERIFICATION TO COMPLAINT