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DYLAN D. GRIMES (CA Bar No. 302981)
1 PAIGE M. TOMASELLI (CA Bar No. 237737)
2 LISA M. ALLEN (CA Bar No. 250704)
GRIME LAW, LLP
3 3631 Truxel Road #1155
Sacramento, CA 95834
4 Tel: 213-308-9899
dgrimes@grimelaw.com
5 ptomaselli@grimelaw.com
6 lallen271@gmail.com
7 Attorneys for Plaintiffs BRIAN DALHOVER, AVA DALHOVER, DEREK DALHOVER,
and MATTHEW DALHOVER
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF RIVERSIDE
11
12 BRIAN DALHOVER, an individual, LIA ) Case No.:
DALHOVER on behalf of her minor child, )
GRIME LAW, LLP
13 AVA DALHOVER, DEREK DALHOVER, )
ATTORNEYS AT LAW
3631 TRUXEL ROAD #1155
SACRAMENTO, CA 95834
an individual; and LIA DALHOVER on ) COMPLAINT FOR:
14 behalf of her minor child MATTHEW ) 1) ASSAULT AND BATTERY
15 DALHOVER, ) 2) INTENTIONAL INFLICTION OF
) EMOTIONAL DISTRESS
16 ) 3) NEGLIGENT INFLICTION OF
Plaintiffs, ) EMOTIONAL DISTRESS
17 ) 4) NEGLIGENT HIRING
v. ) 5) NEGLIGENT RETENTION
18 ) 6) VICARIOUS LIABILITY
19 )
MENIFEE ELITE ATHLETICS SPORTS, ) JURY TRIAL DEMANDED
20 LLC, a California limited liability company, )
COREY DAWSON, an individual; ) UNLIMITED CIVIL
21 JONATHAN MYCHAELS FRANCIS, an ) (Demand amount Exceeds $25,000)
individual; FRED SCOTT, an individual; )
22 and DOES 1 through 20, inclusive, )
23 )
Defendants. )
24 )
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COMPLAINT FOR DAMAGES
1 COMES NOW, Plaintiffs, BRIAN DALHOVER, an individual; LIA DALHOVER on
2 behalf of her minor child, AVA DALHOVER; DEREK DALHOVER, an individual; and LIA
3 DALHOVER on behalf of her minor child MATTHEW DALHOVER, by and through their
4 undersigned attorneys, GRIME LAW, LLP, and for causes of action against Defendants
5 MENIFEE ELITE ATHLETICS SPORTS, LLC, a California limited liability company,
6 COREY DAWSON, an individual; JONATHAN MYCHAELS FRANCIS, an individual;
7 FRED SCOTT and DOES 1 through 20, inclusive (collectively, “Defendants”) and DOES 1
8 through 20, and each of them, complains and alleges as follows:
9 I.
10 PARTIES, JURISDICTION, AND VENUE
11 1. Plaintiff BRIAN DALHOVER (“B. DALHOVER”) is, and at all times herein
12 mentioned was, a resident of the City of Menifee, County of Riverside, State of California.
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13 2. Plaintiff LIA DALHOVER on behalf of her minor child, AVA DALHOVER
ATTORNEYS AT LAW
3631 TRUXEL ROAD #1155
SACRAMENTO, CA 95834
14 (“A. DALHOVER”) is, and at all times herein mentioned was, a resident of the City of
15 Menifee, County of Riverside, State of California.
16 3. Plaintiff DEREK DALHOVER (“D. DALHOVER”) is, and at all times herein
17 mentioned was, a resident of the City of Menifee, County of Riverside, State of California.
18 4. Plaintiff LIA DALHOVER on behalf of her minor child, MATTHEW
19 DALHOVER (“M. DALHOVER”) is, and at all times herein mentioned was, a resident of the
20 City of Menifee, County of Riverside, State of California.
21 5. Plaintiffs are informed and believe and thereupon allege that, at all relevant
22 times, Defendant MENIFEE ELITE ATHLETICS SPORTS, LLC (“ELITE ATHLETICS”) is,
23 and at all times herein mentioned was, a California limited liability company whose principal
24 place of business was located in the City of Menifee, County of Riverside, State of California.
25 6. Plaintiffs are informed and believe and thereupon allege that, at all relevant
26 times, Defendant COREY DAWSON (“DAWSON”) is, and at all times herein mentioned was,
27 a resident of the City of Menifee, County of Riverside, State of California.
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COMPLAINT FOR DAMAGES
1 7. Plaintiffs are informed and believe and thereupon allege that, at all relevant
2 times, Defendant JONATHAN MYCHAELS FRANCIS (“FRANCIS”) is, and at all times
3 herein mentioned was, a resident of the City of Menifee, County of Riverside, State of
4 California.
5 8. Plaintiffs are informed and believe and thereupon allege that, at all relevant
6 times, Defendant FRED SCOTT (“SCOTT”) is, and at all times herein mentioned was, a
7 resident of the City of Menifee, County of Riverside, State of California.
8 9. The true names or capacities, whether individual, corporate, association or
9 otherwise, of Defendants, DOES 1 through 20, are unknown to Plaintiffs, who therefore sue
10 said Defendants by such fictitious names. Plaintiffs are informed and believe and therefore
11 allege that each of the Defendants designated herein as DOE are responsible in some manner
12 for the events and happenings referred to and caused damages proximately to Plaintiffs as
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13 herein alleged, and that Plaintiffs will ask leave of this Court to amend this Complaint, to insert
ATTORNEYS AT LAW
3631 TRUXEL ROAD #1155
SACRAMENTO, CA 95834
14 the true names and capacities of Defendants, DOES 1 through 20, when the same have been
15 ascertained and to join such Defendants in this action.
16 10. At all times mentioned herein, each and every Defendant, named and unnamed,
17 was acting as an agent, servant or employee of each of the other Defendants and at all times
18 mentioned herein, each of the Defendants was acting within the course, scope and authority of
19 said agency or employment and with the full knowledge, permission and consent of each of the
20 remaining Defendants.
21 11. Venue for this action is with the Superior Court for the State of California in
22 and for the County of Riverside pursuant to Code of Civil Procedure § 760.050, as the events
23 giving rise to this action occurred in said county and state.
24 II.
25 ESSENTIAL FACTUAL ALLEGATIONS
26 12. ELITE ATHLETICS is a youth sports organization that establishes club sports
27 teams, including football, in the Menifee and surrounding areas in order to participate in
28 tournaments with other club teams.
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COMPLAINT FOR DAMAGES
1 13. Plaintiff M. DALHOVER was a participant in the ELITE ATHLETICS football
2 program and played on the ELITE ATHLETICS Hurricane “Canes” football team.
3 14. Defendants DAWSON, FRANCIS, and SCOTT were all employed by ELITE
4 ATHLETICS as coaches of the club football teams.
5 15. On or about February 6, 2022, ELITE ATHLETICS held a banquet awards
6 ceremony for the Hurricanes “Canes” club football team at Heritage Lake Sports Park located
7 in Menifee, California. The awards ceremony was attended by the ELITE ATHLETICS
8 coaches, the club players, and their families. M. DALHOVER was in attendance as well as his
9 father B. DALHOVER, his 11-year-old sister A. DALHOVER, and his 20-year-old brother D.
10 DALHOVER, as well as his mother Lia Dalhover and his 8-year-old sister.
11 16. After the awards ceremony, B. DALHOVER, M. DALHOVER, D.
12 DALHOVER, and A. DALHOVER were walking through the basketball courts at Heritage
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13 Lake Sports Park heading for their vehicle in the parking lot. During the walk through the
ATTORNEYS AT LAW
3631 TRUXEL ROAD #1155
SACRAMENTO, CA 95834
14 basketball courts, B. DALHOVER became aware of FRANCIS and SCOTT walking in their
15 direction.
16 17. At this point, A. DALHOVER mentioned that they left a basketball at the
17 basketball court where other teammates were present and playing basketball, and B.
18 DALHOVER and A. DALHOVER went back to retrieve the basketball.
19 18. As B. DALHOVER and A. DALHOVER were walking hand in hand back to
20 retrieve the basketball, B. DALHOVER heard someone say, “Hey homie, let’s go take a walk,
21 you have three seconds to put your hands up.”
22 19. Unsure if the comment was directed at him, B. DALHOVER turned around and
23 noticed FRANCIS and SCOTT in extremely close proximity to him and A. DALHOVER.
24 Immediately after, B. DALHOVER was knocked out as a result of being struck on his left
25 temple by either FRANCIS or SCOTT. While B. DALHOVER was on the ground, FRANCIS
26 and/or SCOTT continued their assault by punching B. DALHOVER all over his body. B.
27 DALHOVER could hear his daughter A. DALHOVER screaming for her brothers M.
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COMPLAINT FOR DAMAGES
1 DALHOVER and D. DALHOVER and begging FRANCIS and SCOTT to stop their assault,
2 which they did not.
3 20. While the physical assault of B. DALHOVER continued, he was able to look to
4 around and witnessed M. DALHOVER being held back by an adult and ELITE ATHLETICS
5 teammates, and then witnessed his daughter A. DALHOVER being held back by the hood of
6 her sweater by an ELITE ATHLETICS teammate’s mother.
7 21. Despite his vision being blurry from the attack, B. DALHOVER’s main
8 concern was for the safety of his children. While looking around, B. DALHOVER witnessed
9 FRANCIS and DAWSON on top of his eldest son D. DALHOVER, who was on the ground
10 with DAWSON yanking/pulling D. DALHOVER’s arms back away from his body.
11 22. Believing FRANCIS and DAWSON were assaulting his son, B. DALHOVER
12 mustered the strength to get up and rushed towards them in an attempt to help D.
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13 DALHOVER. Somehow parents and other ELITE ATHLETIC coaches separated B.
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14 DALHOVER and D. DALHOVER from FRANCIS and DAWSON. SCOTT, acting as if to
15 hold B. DALHOVER back, used the opportunity to continue the assault by kneeing B.
16 DALHOVER in the abdominal area, and then uppercutting B. DALHOVER in the abdominal
17 area multiple times.
18 23. Once the situation was finally defused and the Dalhover family was fleeing to
19 their vehicle, SCOTT, FRANCIS, and DAWSON continued to yell and scream at the family.
20 FRANCIS even attempted to rush towards them but was held back by bystanders.
21 24. B. DALHOVER, M. DALHOVER, D. DALHOVER, and A. DALHOVER then
22 left the park and notified the police of the attack. B. DALHOVER and his wife then returned
23 to the park when it was safe in order to file a police report concerning the incident.
24 25. As a result of the attack, B. DALHOVER sustained multiple injuries, including
25 two broken ribs, eye, temple, back, leg, head, and shoulder injuries, in addition to
26 psychological trauma. Because of these extensive injuries, B. DALHOVER has been unable to
27 return to work and as a result has lost his family’s health insurance coverage.
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COMPLAINT FOR DAMAGES
1 26. As a result of the attack, A. DALHOVER is experiencing fear of men, sleepless
2 nights, anxiety, and depression. Additionally, all plaintiffs are experiencing anguish, fright,
3 horror, nervousness, grief, anxiety, worry, PTSD at football events or large gatherings, and
4 shock stemming from the assault.
5 FIRST CAUSE OF ACTION
6 (Assault and Battery against All Defendants and DOES 1 through 20)
7 27. Plaintiffs refer to and incorporate herein by reference each and every allegation
8 contained in Paragraphs 1 through 26, inclusive, as though the same were fully set forth herein.
9 28. Without consent or legal privilege, Defendants intentionally assaulted and
10 physically battered Plaintiffs with the intent to harm Plaintiffs as described herein.
11 29. Such conduct was extreme and outrageous and would be deemed highly
12 offensive to a reasonable person.
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13 30. As a result of the aforementioned conduct, Plaintiffs were physically and
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14 psychologically damaged.
15 31. Defendants acted with malice and oppression and with a conscious disregard of
16 Plaintiffs’ rights, making them liable for punitive damages under California Civil Code §3294.
17 SECOND CAUSE OF ACTION
18 (Intentional Infliction of Emotional Distress against all Defendants
19 and DOES 1 through 20)
20 32. Plaintiffs refer to and incorporate herein by this reference each and every
21 allegation contained in Paragraphs 1 through 31, inclusive, as though the same were fully set
22 forth herein.
23 33. The conduct of Defendants as set forth above, was intentional, with the knowledge
24 that virtually anyone but especially immediate family members would suffer serious emotional
25 distress after witnessing and/or being the victim of the unprovoked assault as described above.
26 34. As a direct and proximate result of the conduct of Defendants as set forth above,
27 Plaintiffs suffered serious emotional distress, including but not limited to anguish, fright, horror,
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COMPLAINT FOR DAMAGES
1 nervousness, grief, anxiety, worry and shock to such an extent that an ordinary, reasonable person
2 would be unable to cope with it.
3 35. Based upon the actions of Defendants, Plaintiffs have been damaged in an amount
4 to be proven at trial.
5 36. In doing the actions complained of herein, Defendants, and each of them, acted
6 with malice, fraud, and oppression. Their conduct was reprehensible and done with a conscious
7 disregard for Plaintiffs’ rights, thereby justifying the award of punitive damages to Plaintiffs.
8 THIRD CAUSE OF ACTION
9 (Negligent Infliction of Emotional Distress against all Defendants and DOES 1 through 20)
10 37. Plaintiffs reallege and incorporate herein by reference the allegations contained in
11 paragraphs 1 through 36, inclusive, as though fully set forth herein.
12 38. The conduct of Defendants as set forth above, was negligent.
39. As a direct and proximate result of the conduct of Defendants, as set forth above,
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13
ATTORNEYS AT LAW
3631 TRUXEL ROAD #1155
SACRAMENTO, CA 95834
14 Plaintiffs suffered serious emotional distress, including but not limited to anguish, fright, horror,
15 nervousness, grief, anxiety, worry and shock to such an extent that an ordinary, reasonable person
16 would be unable to cope with it.
17 40. Based upon the actions of Defendants, Plaintiffs have been damaged in an amount
18 to be proven at trial.
19 41. In doing the actions complained of herein, Defendants, and each of them, acted
20 with malice, fraud, and oppression. Their conduct was reprehensible and done with a conscious
21 disregard for Plaintiffs’ rights, thereby justifying the award of punitive damages to Plaintiffs.
22 FOURTH CAUSE OF ACTION
23 (Negligent Supervision against ELITE ATHLETICS and Does 1 through 20)
24 42. Plaintiffs refer to and incorporate herein by reference each and every allegation
25 contained in Paragraphs 1 through 41, inclusive, as though the same were fully set forth herein.
26 43. As a recreational sports league entrusted with the care of minors, where all youth
27 participants are entrusted to the coaches, ELITE ATHLETICS expressly and implicitly
28 represented that these individuals, including DAWSON, JONATHAN, and SCOTT, were not a
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COMPLAINT FOR DAMAGES
1 physical threat to children and others who would fall under who would fall under the coaches’
2 influence, control, direction, and guidance.
3 44. Defendant ELITE ATHLETICS owed Plaintiffs a duty to provide reasonable
4 supervision of its coaches DAWSON, FRANCIS, and SCOTT, to use reasonable care in
5 investigating DAWSON, FRANCIS, and SCOTT, and to provide adequate warning to its players
6 and their families, of DAWSON, FRANCIS, and SCOTT’s violent propensities and unfitness.
7 45. ELITE ATHLETICS, by and through their respective agents, servants, and
8 employees, knew or should have known of DAWSON, FRANCIS and SCOTT’s violent
9 propensities and unfitness and/or that DAWSON, FRANCIS, and SCOTT were unfit agents.
10 Despite such knowledge, ELITE ATHLETICS negligently failed to supervise DAWSON,
11 FRANCIS and SCOTT in their positions of trust and authority as coaches, in which position they
12 was able to commit the wrongful acts against Plaintiffs alleged herein. Defendants failed to
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13 provide reasonable supervision of DAWSON, FRANCIS, and SCOTT, failed to use reasonable
ATTORNEYS AT LAW
3631 TRUXEL ROAD #1155
SACRAMENTO, CA 95834
14 care in investigating DAWSON, FRANCIS, and SCOTT, and failed to provide adequate
15 warning to players and their families of DAWSON, FRANCIS, and SCOTT’s violent
16 propensities and unfitness.
17 46. Defendants breached their duty to Plaintiffs by, inter alia, failing to adequately
18 monitor and supervise DAWSON, JONATHAN, and SCOTT and failing to stop DAWSON,
19 FRANCIS, and SCOTT from committing a violent assault in the presence of its youth players
20 and their families.
21 47. As a direct and proximate result of ELITE ATHLETICS’ multiple and continuous
22 breaches, Plaintiffs have suffered economic injury, all to Plaintiffs’ general, special, and
23 consequential damage in an amount to be proven at trial, but in no event less than the minimum
24 jurisdictional amount of this Court.
25 48. As a result of the above-described conduct, Plaintiffs has suffered and continue to
26 suffer great pain of mind and body, shock, emotional distress, physical manifestations of
27 emotional distress, severe anxiety, depression, feelings of self-blame, shame, hypervigilance, a
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COMPLAINT FOR DAMAGES
1 lost sense of trust, and were prevented and will continue to be prevented from performing daily
2 activities and obtaining the full enjoyment of life.
3 FIFTH CAUSE OF ACTION
4 (Negligent Retention against ELITE ATHLETICS and Does 1 through 20)
5 49. Plaintiffs refer to and incorporate herein by reference each and every allegation
6 contained in Paragraphs 1 through 48, inclusive, as though the same were fully set forth herein.
7 50. Defendants owed Plaintiffs a duty not to retain DAWSON, FRANCIS, and
8 SCOTT, given their propensity towards violence, which Defendants knew or should have known
9 had they engaged in a meaningful and adequate investigation of DAWSON, FRANCIS, and
10 SCOTT.
11 51. As a recreational sports league entrusted with the care of minors, where all
12 players are entrusted to the coaches, ELITE ATHLETICS expressly and implicitly represented
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13 that these individuals, including DAWSON, FRANCIS, and SCOTT, were not a physical threat
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3631 TRUXEL ROAD #1155
SACRAMENTO, CA 95834
14 to children, their families and others who would fall under DAWSON, FRANCIS, and SCOTT’s
15 influence, control, direction, and guidance.
16 52. ELITE ATHLETICS, by and through their agents, servants, and employees, knew
17 or reasonably should have known of DAWSON, FRANCIS and SCOTT’s violent propensities
18 and/or that these coaches were unfit agents. Despite such knowledge and/or an opportunity to
19 learn of DAWSON, FRANCIS, and SCOTT’s violent propensities, Defendants negligently
20 retained DAWSON, FRANCIS, and SCOTT in their positions of trust and authority as coaches,
21 where they were able to commit the wrongful acts as described above.
22 53. As a direct and proximate result of Defendants’ multiple and continuous
23 breaches, Plaintiffs has suffered economic injury, all to Plaintiffs’ general, special, and
24 consequential damage in an amount to be proven at trial, but in no event less than the minimum
25 jurisdictional amount of this Court.
26 54. As a result of the above-described conduct, Plaintiffs have suffered and continue
27 to suffer great pain of mind and body, shock, emotional distress, physical manifestations of
28 emotional distress, severe anxiety, depression, hypervigilance, a lost sense of trust, and were
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COMPLAINT FOR DAMAGES
1 prevented and will continue to be prevented from performing daily activities and obtaining the
2 full enjoyment of life.
3 SIXTH CAUSE OF ACTION
4 (Vicarious Liability against ELITE ATHLETICS and DOES 1 through 20)
5 55. Plaintiffs refer to and incorporate herein by reference each and every allegation
6 contained in Paragraphs 1 through 54, inclusive, as though the same were fully set forth herein.
7 56. At the time of the assault on February 6, 2022, Defendants DAWSON,
8 FRANCIS, and SCOTT were employees of Defendant ELITE ATHLETICS.
9 57. At the time of the incident on February 6, 2022, Defendants DAWSON,
10 FRANCIS, and SCOTT were acting in the course and scope of their employment with Defendant
11 ELITE ATHLETICS and were Defendant ELITE ATHLETICS’ agents, under the control of
12 Defendant ELITE ATHLETICS, and operating in their capacity as coaches during the awards
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13 banquet.
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14 58. At the time of the assault February 6, 2022, Defendants DAWSON, FRANCIS,
15 and SCOTT were acting in furtherance of Defendant ELITE ATHLETICS’ business.
16 59. At all times material to this action, Defendant ELITE ATHLETICS had the right
17 to control the actions of Defendants DAWSON, JONATHAN, and SCOTT and Defendants
18 DAWSON, FRANCIS and SCOTT were under the control and direction of Defendant ELITE
19 ATHLELTICS
20 60. Defendant ELITE ATHLETICS is vicariously liable for the actions of Defendants
21 DAWSON, FRANCIS and SCOTT as described herein under the doctrine of respondeat
22 superior.
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24 PRAYER FOR RELIEF
25 Wherefore, Plaintiffs pray for the following relief:
26 1. For all special and general damages caused by the Defendants’ conduct;
27 2. For punitive damages;
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COMPLAINT FOR DAMAGES
1 3. For reasonable attorney fees and costs of suit herein incurred, as may be provided
2 by law;
3 4. For such other and further relief as the court may deem proper;
4 5. For costs of suit herein incurred; and
5 6. For such other and further relief as the court may deem proper.
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DATED: December 7, 2022 GRIME LAW, LLP
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10 By: ______________________________
DYLAN D. GRIMES, ESQ.
11 PAIGE M. TOMASELLI, ESQ.
LISA M. ALLEN, ESQ.
12 Attorneys for Plaintiffs
GRIME LAW, LLP
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ATTORNEYS AT LAW
3631 TRUXEL ROAD #1155
SACRAMENTO, CA 95834
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COMPLAINT FOR DAMAGES
Preview
DYLAN D. GRIMES (CA Bar No. 302981) 1 PAIGE M. TOMASELLI (CA Bar No. 237737) 2 LISA M. ALLEN (CA Bar No. 250704) GRIME LAW, LLP 3 3631 Truxel Road #1155 Sacramento, CA 95834 4 Tel: 213-308-9899 dgrimes@grimelaw.com 5 ptomaselli@grimelaw.com 6 lallen271@gmail.com 7 Attorneys for Plaintiffs BRIAN DALHOVER, AVA DALHOVER, DEREK DALHOVER, and MATTHEW DALHOVER 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF RIVERSIDE 11 12 BRIAN DALHOVER, an individual, LIA ) Case No.: DALHOVER on behalf of her minor child, ) GRIME LAW, LLP 13 AVA DALHOVER, DEREK DALHOVER, ) ATTORNEYS AT LAW 3631 TRUXEL ROAD #1155 SACRAMENTO, CA 95834 an individual; and LIA DALHOVER on ) COMPLAINT FOR: 14 behalf of her minor child MATTHEW ) 1) ASSAULT AND BATTERY 15 DALHOVER, ) 2) INTENTIONAL INFLICTION OF ) EMOTIONAL DISTRESS 16 ) 3) NEGLIGENT INFLICTION OF Plaintiffs, ) EMOTIONAL DISTRESS 17 ) 4) NEGLIGENT HIRING v. ) 5) NEGLIGENT RETENTION 18 ) 6) VICARIOUS LIABILITY 19 ) MENIFEE ELITE ATHLETICS SPORTS, ) JURY TRIAL DEMANDED 20 LLC, a California limited liability company, ) COREY DAWSON, an individual; ) UNLIMITED CIVIL 21 JONATHAN MYCHAELS FRANCIS, an ) (Demand amount Exceeds $25,000) individual; FRED SCOTT, an individual; ) 22 and DOES 1 through 20, inclusive, ) 23 ) Defendants. ) 24 ) 25 26 27 28 1 COMPLAINT FOR DAMAGES 1 COMES NOW, Plaintiffs, BRIAN DALHOVER, an individual; LIA DALHOVER on 2 behalf of her minor child, AVA DALHOVER; DEREK DALHOVER, an individual; and LIA 3 DALHOVER on behalf of her minor child MATTHEW DALHOVER, by and through their 4 undersigned attorneys, GRIME LAW, LLP, and for causes of action against Defendants 5 MENIFEE ELITE ATHLETICS SPORTS, LLC, a California limited liability company, 6 COREY DAWSON, an individual; JONATHAN MYCHAELS FRANCIS, an individual; 7 FRED SCOTT and DOES 1 through 20, inclusive (collectively, “Defendants”) and DOES 1 8 through 20, and each of them, complains and alleges as follows: 9 I. 10 PARTIES, JURISDICTION, AND VENUE 11 1. Plaintiff BRIAN DALHOVER (“B. DALHOVER”) is, and at all times herein 12 mentioned was, a resident of the City of Menifee, County of Riverside, State of California. GRIME LAW, LLP 13 2. Plaintiff LIA DALHOVER on behalf of her minor child, AVA DALHOVER ATTORNEYS AT LAW 3631 TRUXEL ROAD #1155 SACRAMENTO, CA 95834 14 (“A. DALHOVER”) is, and at all times herein mentioned was, a resident of the City of 15 Menifee, County of Riverside, State of California. 16 3. Plaintiff DEREK DALHOVER (“D. DALHOVER”) is, and at all times herein 17 mentioned was, a resident of the City of Menifee, County of Riverside, State of California. 18 4. Plaintiff LIA DALHOVER on behalf of her minor child, MATTHEW 19 DALHOVER (“M. DALHOVER”) is, and at all times herein mentioned was, a resident of the 20 City of Menifee, County of Riverside, State of California. 21 5. Plaintiffs are informed and believe and thereupon allege that, at all relevant 22 times, Defendant MENIFEE ELITE ATHLETICS SPORTS, LLC (“ELITE ATHLETICS”) is, 23 and at all times herein mentioned was, a California limited liability company whose principal 24 place of business was located in the City of Menifee, County of Riverside, State of California. 25 6. Plaintiffs are informed and believe and thereupon allege that, at all relevant 26 times, Defendant COREY DAWSON (“DAWSON”) is, and at all times herein mentioned was, 27 a resident of the City of Menifee, County of Riverside, State of California. 28 2 COMPLAINT FOR DAMAGES 1 7. Plaintiffs are informed and believe and thereupon allege that, at all relevant 2 times, Defendant JONATHAN MYCHAELS FRANCIS (“FRANCIS”) is, and at all times 3 herein mentioned was, a resident of the City of Menifee, County of Riverside, State of 4 California. 5 8. Plaintiffs are informed and believe and thereupon allege that, at all relevant 6 times, Defendant FRED SCOTT (“SCOTT”) is, and at all times herein mentioned was, a 7 resident of the City of Menifee, County of Riverside, State of California. 8 9. The true names or capacities, whether individual, corporate, association or 9 otherwise, of Defendants, DOES 1 through 20, are unknown to Plaintiffs, who therefore sue 10 said Defendants by such fictitious names. Plaintiffs are informed and believe and therefore 11 allege that each of the Defendants designated herein as DOE are responsible in some manner 12 for the events and happenings referred to and caused damages proximately to Plaintiffs as GRIME LAW, LLP 13 herein alleged, and that Plaintiffs will ask leave of this Court to amend this Complaint, to insert ATTORNEYS AT LAW 3631 TRUXEL ROAD #1155 SACRAMENTO, CA 95834 14 the true names and capacities of Defendants, DOES 1 through 20, when the same have been 15 ascertained and to join such Defendants in this action. 16 10. At all times mentioned herein, each and every Defendant, named and unnamed, 17 was acting as an agent, servant or employee of each of the other Defendants and at all times 18 mentioned herein, each of the Defendants was acting within the course, scope and authority of 19 said agency or employment and with the full knowledge, permission and consent of each of the 20 remaining Defendants. 21 11. Venue for this action is with the Superior Court for the State of California in 22 and for the County of Riverside pursuant to Code of Civil Procedure § 760.050, as the events 23 giving rise to this action occurred in said county and state. 24 II. 25 ESSENTIAL FACTUAL ALLEGATIONS 26 12. ELITE ATHLETICS is a youth sports organization that establishes club sports 27 teams, including football, in the Menifee and surrounding areas in order to participate in 28 tournaments with other club teams. 3 COMPLAINT FOR DAMAGES 1 13. Plaintiff M. DALHOVER was a participant in the ELITE ATHLETICS football 2 program and played on the ELITE ATHLETICS Hurricane “Canes” football team. 3 14. Defendants DAWSON, FRANCIS, and SCOTT were all employed by ELITE 4 ATHLETICS as coaches of the club football teams. 5 15. On or about February 6, 2022, ELITE ATHLETICS held a banquet awards 6 ceremony for the Hurricanes “Canes” club football team at Heritage Lake Sports Park located 7 in Menifee, California. The awards ceremony was attended by the ELITE ATHLETICS 8 coaches, the club players, and their families. M. DALHOVER was in attendance as well as his 9 father B. DALHOVER, his 11-year-old sister A. DALHOVER, and his 20-year-old brother D. 10 DALHOVER, as well as his mother Lia Dalhover and his 8-year-old sister. 11 16. After the awards ceremony, B. DALHOVER, M. DALHOVER, D. 12 DALHOVER, and A. DALHOVER were walking through the basketball courts at Heritage GRIME LAW, LLP 13 Lake Sports Park heading for their vehicle in the parking lot. During the walk through the ATTORNEYS AT LAW 3631 TRUXEL ROAD #1155 SACRAMENTO, CA 95834 14 basketball courts, B. DALHOVER became aware of FRANCIS and SCOTT walking in their 15 direction. 16 17. At this point, A. DALHOVER mentioned that they left a basketball at the 17 basketball court where other teammates were present and playing basketball, and B. 18 DALHOVER and A. DALHOVER went back to retrieve the basketball. 19 18. As B. DALHOVER and A. DALHOVER were walking hand in hand back to 20 retrieve the basketball, B. DALHOVER heard someone say, “Hey homie, let’s go take a walk, 21 you have three seconds to put your hands up.” 22 19. Unsure if the comment was directed at him, B. DALHOVER turned around and 23 noticed FRANCIS and SCOTT in extremely close proximity to him and A. DALHOVER. 24 Immediately after, B. DALHOVER was knocked out as a result of being struck on his left 25 temple by either FRANCIS or SCOTT. While B. DALHOVER was on the ground, FRANCIS 26 and/or SCOTT continued their assault by punching B. DALHOVER all over his body. B. 27 DALHOVER could hear his daughter A. DALHOVER screaming for her brothers M. 28 4 COMPLAINT FOR DAMAGES 1 DALHOVER and D. DALHOVER and begging FRANCIS and SCOTT to stop their assault, 2 which they did not. 3 20. While the physical assault of B. DALHOVER continued, he was able to look to 4 around and witnessed M. DALHOVER being held back by an adult and ELITE ATHLETICS 5 teammates, and then witnessed his daughter A. DALHOVER being held back by the hood of 6 her sweater by an ELITE ATHLETICS teammate’s mother. 7 21. Despite his vision being blurry from the attack, B. DALHOVER’s main 8 concern was for the safety of his children. While looking around, B. DALHOVER witnessed 9 FRANCIS and DAWSON on top of his eldest son D. DALHOVER, who was on the ground 10 with DAWSON yanking/pulling D. DALHOVER’s arms back away from his body. 11 22. Believing FRANCIS and DAWSON were assaulting his son, B. DALHOVER 12 mustered the strength to get up and rushed towards them in an attempt to help D. GRIME LAW, LLP 13 DALHOVER. Somehow parents and other ELITE ATHLETIC coaches separated B. ATTORNEYS AT LAW 3631 TRUXEL ROAD #1155 SACRAMENTO, CA 95834 14 DALHOVER and D. DALHOVER from FRANCIS and DAWSON. SCOTT, acting as if to 15 hold B. DALHOVER back, used the opportunity to continue the assault by kneeing B. 16 DALHOVER in the abdominal area, and then uppercutting B. DALHOVER in the abdominal 17 area multiple times. 18 23. Once the situation was finally defused and the Dalhover family was fleeing to 19 their vehicle, SCOTT, FRANCIS, and DAWSON continued to yell and scream at the family. 20 FRANCIS even attempted to rush towards them but was held back by bystanders. 21 24. B. DALHOVER, M. DALHOVER, D. DALHOVER, and A. DALHOVER then 22 left the park and notified the police of the attack. B. DALHOVER and his wife then returned 23 to the park when it was safe in order to file a police report concerning the incident. 24 25. As a result of the attack, B. DALHOVER sustained multiple injuries, including 25 two broken ribs, eye, temple, back, leg, head, and shoulder injuries, in addition to 26 psychological trauma. Because of these extensive injuries, B. DALHOVER has been unable to 27 return to work and as a result has lost his family’s health insurance coverage. 28 5 COMPLAINT FOR DAMAGES 1 26. As a result of the attack, A. DALHOVER is experiencing fear of men, sleepless 2 nights, anxiety, and depression. Additionally, all plaintiffs are experiencing anguish, fright, 3 horror, nervousness, grief, anxiety, worry, PTSD at football events or large gatherings, and 4 shock stemming from the assault. 5 FIRST CAUSE OF ACTION 6 (Assault and Battery against All Defendants and DOES 1 through 20) 7 27. Plaintiffs refer to and incorporate herein by reference each and every allegation 8 contained in Paragraphs 1 through 26, inclusive, as though the same were fully set forth herein. 9 28. Without consent or legal privilege, Defendants intentionally assaulted and 10 physically battered Plaintiffs with the intent to harm Plaintiffs as described herein. 11 29. Such conduct was extreme and outrageous and would be deemed highly 12 offensive to a reasonable person. GRIME LAW, LLP 13 30. As a result of the aforementioned conduct, Plaintiffs were physically and ATTORNEYS AT LAW 3631 TRUXEL ROAD #1155 SACRAMENTO, CA 95834 14 psychologically damaged. 15 31. Defendants acted with malice and oppression and with a conscious disregard of 16 Plaintiffs’ rights, making them liable for punitive damages under California Civil Code §3294. 17 SECOND CAUSE OF ACTION 18 (Intentional Infliction of Emotional Distress against all Defendants 19 and DOES 1 through 20) 20 32. Plaintiffs refer to and incorporate herein by this reference each and every 21 allegation contained in Paragraphs 1 through 31, inclusive, as though the same were fully set 22 forth herein. 23 33. The conduct of Defendants as set forth above, was intentional, with the knowledge 24 that virtually anyone but especially immediate family members would suffer serious emotional 25 distress after witnessing and/or being the victim of the unprovoked assault as described above. 26 34. As a direct and proximate result of the conduct of Defendants as set forth above, 27 Plaintiffs suffered serious emotional distress, including but not limited to anguish, fright, horror, 28 6 COMPLAINT FOR DAMAGES 1 nervousness, grief, anxiety, worry and shock to such an extent that an ordinary, reasonable person 2 would be unable to cope with it. 3 35. Based upon the actions of Defendants, Plaintiffs have been damaged in an amount 4 to be proven at trial. 5 36. In doing the actions complained of herein, Defendants, and each of them, acted 6 with malice, fraud, and oppression. Their conduct was reprehensible and done with a conscious 7 disregard for Plaintiffs’ rights, thereby justifying the award of punitive damages to Plaintiffs. 8 THIRD CAUSE OF ACTION 9 (Negligent Infliction of Emotional Distress against all Defendants and DOES 1 through 20) 10 37. Plaintiffs reallege and incorporate herein by reference the allegations contained in 11 paragraphs 1 through 36, inclusive, as though fully set forth herein. 12 38. The conduct of Defendants as set forth above, was negligent. 39. As a direct and proximate result of the conduct of Defendants, as set forth above, GRIME LAW, LLP 13 ATTORNEYS AT LAW 3631 TRUXEL ROAD #1155 SACRAMENTO, CA 95834 14 Plaintiffs suffered serious emotional distress, including but not limited to anguish, fright, horror, 15 nervousness, grief, anxiety, worry and shock to such an extent that an ordinary, reasonable person 16 would be unable to cope with it. 17 40. Based upon the actions of Defendants, Plaintiffs have been damaged in an amount 18 to be proven at trial. 19 41. In doing the actions complained of herein, Defendants, and each of them, acted 20 with malice, fraud, and oppression. Their conduct was reprehensible and done with a conscious 21 disregard for Plaintiffs’ rights, thereby justifying the award of punitive damages to Plaintiffs. 22 FOURTH CAUSE OF ACTION 23 (Negligent Supervision against ELITE ATHLETICS and Does 1 through 20) 24 42. Plaintiffs refer to and incorporate herein by reference each and every allegation 25 contained in Paragraphs 1 through 41, inclusive, as though the same were fully set forth herein. 26 43. As a recreational sports league entrusted with the care of minors, where all youth 27 participants are entrusted to the coaches, ELITE ATHLETICS expressly and implicitly 28 represented that these individuals, including DAWSON, JONATHAN, and SCOTT, were not a 7 COMPLAINT FOR DAMAGES 1 physical threat to children and others who would fall under who would fall under the coaches’ 2 influence, control, direction, and guidance. 3 44. Defendant ELITE ATHLETICS owed Plaintiffs a duty to provide reasonable 4 supervision of its coaches DAWSON, FRANCIS, and SCOTT, to use reasonable care in 5 investigating DAWSON, FRANCIS, and SCOTT, and to provide adequate warning to its players 6 and their families, of DAWSON, FRANCIS, and SCOTT’s violent propensities and unfitness. 7 45. ELITE ATHLETICS, by and through their respective agents, servants, and 8 employees, knew or should have known of DAWSON, FRANCIS and SCOTT’s violent 9 propensities and unfitness and/or that DAWSON, FRANCIS, and SCOTT were unfit agents. 10 Despite such knowledge, ELITE ATHLETICS negligently failed to supervise DAWSON, 11 FRANCIS and SCOTT in their positions of trust and authority as coaches, in which position they 12 was able to commit the wrongful acts against Plaintiffs alleged herein. Defendants failed to GRIME LAW, LLP 13 provide reasonable supervision of DAWSON, FRANCIS, and SCOTT, failed to use reasonable ATTORNEYS AT LAW 3631 TRUXEL ROAD #1155 SACRAMENTO, CA 95834 14 care in investigating DAWSON, FRANCIS, and SCOTT, and failed to provide adequate 15 warning to players and their families of DAWSON, FRANCIS, and SCOTT’s violent 16 propensities and unfitness. 17 46. Defendants breached their duty to Plaintiffs by, inter alia, failing to adequately 18 monitor and supervise DAWSON, JONATHAN, and SCOTT and failing to stop DAWSON, 19 FRANCIS, and SCOTT from committing a violent assault in the presence of its youth players 20 and their families. 21 47. As a direct and proximate result of ELITE ATHLETICS’ multiple and continuous 22 breaches, Plaintiffs have suffered economic injury, all to Plaintiffs’ general, special, and 23 consequential damage in an amount to be proven at trial, but in no event less than the minimum 24 jurisdictional amount of this Court. 25 48. As a result of the above-described conduct, Plaintiffs has suffered and continue to 26 suffer great pain of mind and body, shock, emotional distress, physical manifestations of 27 emotional distress, severe anxiety, depression, feelings of self-blame, shame, hypervigilance, a 28 8 COMPLAINT FOR DAMAGES 1 lost sense of trust, and were prevented and will continue to be prevented from performing daily 2 activities and obtaining the full enjoyment of life. 3 FIFTH CAUSE OF ACTION 4 (Negligent Retention against ELITE ATHLETICS and Does 1 through 20) 5 49. Plaintiffs refer to and incorporate herein by reference each and every allegation 6 contained in Paragraphs 1 through 48, inclusive, as though the same were fully set forth herein. 7 50. Defendants owed Plaintiffs a duty not to retain DAWSON, FRANCIS, and 8 SCOTT, given their propensity towards violence, which Defendants knew or should have known 9 had they engaged in a meaningful and adequate investigation of DAWSON, FRANCIS, and 10 SCOTT. 11 51. As a recreational sports league entrusted with the care of minors, where all 12 players are entrusted to the coaches, ELITE ATHLETICS expressly and implicitly represented GRIME LAW, LLP 13 that these individuals, including DAWSON, FRANCIS, and SCOTT, were not a physical threat ATTORNEYS AT LAW 3631 TRUXEL ROAD #1155 SACRAMENTO, CA 95834 14 to children, their families and others who would fall under DAWSON, FRANCIS, and SCOTT’s 15 influence, control, direction, and guidance. 16 52. ELITE ATHLETICS, by and through their agents, servants, and employees, knew 17 or reasonably should have known of DAWSON, FRANCIS and SCOTT’s violent propensities 18 and/or that these coaches were unfit agents. Despite such knowledge and/or an opportunity to 19 learn of DAWSON, FRANCIS, and SCOTT’s violent propensities, Defendants negligently 20 retained DAWSON, FRANCIS, and SCOTT in their positions of trust and authority as coaches, 21 where they were able to commit the wrongful acts as described above. 22 53. As a direct and proximate result of Defendants’ multiple and continuous 23 breaches, Plaintiffs has suffered economic injury, all to Plaintiffs’ general, special, and 24 consequential damage in an amount to be proven at trial, but in no event less than the minimum 25 jurisdictional amount of this Court. 26 54. As a result of the above-described conduct, Plaintiffs have suffered and continue 27 to suffer great pain of mind and body, shock, emotional distress, physical manifestations of 28 emotional distress, severe anxiety, depression, hypervigilance, a lost sense of trust, and were 9 COMPLAINT FOR DAMAGES 1 prevented and will continue to be prevented from performing daily activities and obtaining the 2 full enjoyment of life. 3 SIXTH CAUSE OF ACTION 4 (Vicarious Liability against ELITE ATHLETICS and DOES 1 through 20) 5 55. Plaintiffs refer to and incorporate herein by reference each and every allegation 6 contained in Paragraphs 1 through 54, inclusive, as though the same were fully set forth herein. 7 56. At the time of the assault on February 6, 2022, Defendants DAWSON, 8 FRANCIS, and SCOTT were employees of Defendant ELITE ATHLETICS. 9 57. At the time of the incident on February 6, 2022, Defendants DAWSON, 10 FRANCIS, and SCOTT were acting in the course and scope of their employment with Defendant 11 ELITE ATHLETICS and were Defendant ELITE ATHLETICS’ agents, under the control of 12 Defendant ELITE ATHLETICS, and operating in their capacity as coaches during the awards GRIME LAW, LLP 13 banquet. ATTORNEYS AT LAW 3631 TRUXEL ROAD #1155 SACRAMENTO, CA 95834 14 58. At the time of the assault February 6, 2022, Defendants DAWSON, FRANCIS, 15 and SCOTT were acting in furtherance of Defendant ELITE ATHLETICS’ business. 16 59. At all times material to this action, Defendant ELITE ATHLETICS had the right 17 to control the actions of Defendants DAWSON, JONATHAN, and SCOTT and Defendants 18 DAWSON, FRANCIS and SCOTT were under the control and direction of Defendant ELITE 19 ATHLELTICS 20 60. Defendant ELITE ATHLETICS is vicariously liable for the actions of Defendants 21 DAWSON, FRANCIS and SCOTT as described herein under the doctrine of respondeat 22 superior. 23 24 PRAYER FOR RELIEF 25 Wherefore, Plaintiffs pray for the following relief: 26 1. For all special and general damages caused by the Defendants’ conduct; 27 2. For punitive damages; 28 10 COMPLAINT FOR DAMAGES 1 3. For reasonable attorney fees and costs of suit herein incurred, as may be provided 2 by law; 3 4. For such other and further relief as the court may deem proper; 4 5. For costs of suit herein incurred; and 5 6. For such other and further relief as the court may deem proper. 6 7 DATED: December 7, 2022 GRIME LAW, LLP 8 9 10 By: ______________________________ DYLAN D. GRIMES, ESQ. 11 PAIGE M. TOMASELLI, ESQ. LISA M. ALLEN, ESQ. 12 Attorneys for Plaintiffs GRIME LAW, LLP 13 ATTORNEYS AT LAW 3631 TRUXEL ROAD #1155 SACRAMENTO, CA 95834 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 COMPLAINT FOR DAMAGES