Preview
JENNIFER M. PROTAS - BAR# 250959
jenn.protas@hogefenton.com
ASHLEE N. CHERRY - BAR# 312731
ashlee.cherry@hogefenton.com
HOGE, FENTON, JONES & APPEL, INC.
Sixty South Market Street, Suite 1400
San Jose, California 95113-2396
Phone: (408) 287-9501
Fax: (408) 287-2583
Attorneys for Defendants
San Jose Sharks and Logan Couture
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SANTA CLARA
10
11 Susan Wei No. 18CV328985
12 Plaintiff, REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANTS’ DEMURRER
13 vs. TO PLAINTIFF’S SECOND AMENDED
COMPLAINT
14 San Jose Sharks and Logan Couture,
Date: June 20, 2019
15 Defendants. Time: 9:00 a.m.
Dept.: 2
16 Judge: Hon. Mark H. Pierce
Trial Date: None
17 Complaint Filed: May 29, 2018
18
19 Pursuant to Evidence Code sections 452 and 453 and California Rules of Court,
20 Rule 3.1306, Defendants San Jose Sharks and Logan Couture (“Defendants”) hereby
21 request that this Court take judicial notice of the following attached documents:
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22 Plaintiff's Complaint filed on May 29, 2018, a true and correct copy of which
23 is attached hereto as Exhibit A. This pleading is a document that is an official record of a
24 court in this state, and therefore, it is subject to judicial notice under Evidence Code
25 sections 452(d) and 453.
26 2 Plaintiffs First Amended Complaint filed on August 9, 2018, a true and
27 correct copy of which is attached hereto as Exhibit B. This pleading is a document that is
28 an official record of a court in this state, and therefore, it is subject to judicial notice under
-1-
REQ. FOR JUDICIAL NOTICE ISO DEFS.' DEMURRER TO PLTF.'S SECOND AMENDED COMPLAINT
\WHFREPO\DOCS\92270\DRAFTS\3186062.DOCX
1 Evidence Code sections 452(d) and 453.
2
3 DATED: February 14, 2019
HOGE, FENTON, JONES & APPEL, INC
ov EAU \V——
Jennifer M. Protas
Ashlee N. Cherry
Attorneys for Defendants
SAN JOSE SHARKS and LOGAN
COUTURE
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REQ. FOR JUDICIAL NOTICE ISO DEFS.' DEMURRER TO PLTF.'S SECOND AMENDED COMPLAINT
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EXHIBIT B
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Santa Clara - Civil
R. Ten
Electronically Filed
1 Susan Wei by Superior Court of CA,
2461 Booksin Avenue County of Santa Clara,
2 San Jose,CA 95125
mom2daweis@gmail.com on 8/9/2018 1:32 PM
mom2timmy6@yahoo.com Reviewed By: R. Tien
Case #18CV328985
Envelope: 1818249
[Santa Clara Superior Court of California]
6
9 Susan Wei Case No.: 18CV328985
10 Plaintiff Amended Complaint for:
11 vs. 1)Defamation
12 San Jose Sharks and Logan Couture, 2)Invasion of Privacy
13 3)Electronic Communications Privacy Act
14 Defendant(s) t
(18. U.S.C.251 0) and Computer,Fraud,and
Abuse Act (18, JS.C 1030,
4)Witness Tampering 18 U.S.C.
15 1512
16
DEMAND FOR JURY TRIAL
17
18
DATE: (9/11/2018)
TIME: 3:45pm
DEPT: #6
19
Judge: Theodore C. Zayner
20 Dept: #6
- Action Filed: (5/29/18)
21
22
URISDICTIO ID VENUE
24
1)Plaintiff Susan Wei is a married mother of 2,pharmacist, and resident of (Willow Glen)
San Jose, CA.
26
27 2)Defendant(s) are San Jose Sharks, a Sports Entertainment corporation based in San
28 Jose and Logan Couture is a player in the organization, both residents of San Jose.
l
Amended Complaint
3)Plaintiff is informed, and under the ethical oath as a pharmacist and church going
christian, alleges the the statements made in this complaint are true and to the best of her
knowledge.
INTRODUCTION
4)Ms. Wei has been a fan of iceskating and hockey since 1980's. Ms. Wei became
mesmerized by the magic and beauty of figure skating following the 1988 Winter Olympics. She
took her first group lessons with Laura Galindo, sister of future National Men's Champion Rudy
Galindo.
10 5)However, the daughter of a teacher and Hewlett Packard technician, she did not come
Vl from a wealthy family. Her father refused to pay 20 dollars for 20-30 minute private coach skating
12 lessons. Her father who would only allow her 200 dollars at the beginning of the school year to
13 buy clothes. He vehemently claimed he wore the same clothes since arriving to the U.S. in 1975
14 and ,therefore, did not believe in spending money on unnecessary things.
15
6)Raised by what some would now say was a “tiger mom" or tiger parents, Ms.Wei was
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not allowed to have play dates or get togethers with frlends. She WAS allowed , however, to
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spend 3 days a week at the ice rink and travel with her brother to attend hockey games.
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Therefore, the ice rink meant and continues to mean a lot to Plaintiff.
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20 7)Her brother, now a respected Stanford Medical school alum and anesthesiologist, played
21 in the local C league. This C league no longer exists, and this would later prove a factor in
22 alleged torts and violations. Ms. Wei taught herself figure skating spins and jump, but due to
23 cost and no coach, she only competed in 1 or 2 competitions . There were very few
24 records of her skating in the system. Ms Wei would later call the ice rink her “Happy Place” or
25 “Sanctuary” because it held such a happy place in her heart. Ms. Wei watched every figure
26 skating competition and knew all the figure skaters.
27
8)On her wedding day, Plaintiff's maid of honor, best friend Char gave a speech stating
28
2
Amended Complaint
how the two had bonded at the ice rink, dreamt about going to the Olympics
and “being Kristi
Yamaguchi". After finishing college, Ms. Wei had Planned to return to the rink, watch hockey
games, and finally pay for more figure skating lessons.
MR. COUTURE’: INTRODUCTION IS. WE!
9)After returning from postgraduate pharmacy school the early 2000s, Ms. Wei would
intermittently watch San Jose Sharks games at SAP. In November 2011, Ms.Wei attended a
hockey game with family celebrating her husband's 37 birthday. Her 5 year old
son was excited to look at the rink and it was there ,in her classy empire waist wool jacket and
10 black pants, Mr. Couture noticed her.
I 10)Throughout the game defendant would look in her direction to try to get her attention
12 Many fans would attest, on social media or via interrogatories, Mr Couture would constantly draw
13 his attention to one female fan at Sharks hockey game .He'd then meet with her individually and
14 possibly have sexual intercourse with the female fan. This is well Known amongst fans on social
15 media. Mr. Couture would try to do the same with Ms. Wei as she went to a few other games prior
16 to 2014, but she consistently rebuked him.
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ESTABLISHING THE SAN JOSE SHARKS TEAM’S KNOWLEDGE OF MS. WEI and MORE
19
STATEMENT OF FACTS
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11)In April 2014 Ms. Wei was excited to attend a Sharks game at SAP with her 8 year old
son. This was the first night Ms. Wei had gone out on a date
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night of any kind since the birth of her second son in December 2012
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12)While sitting only 4 rows from the ice, Ms Wei REGRETFULLY engaged in fun flirting/
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25 dancing with Mr Couture. This was the third or fourth time Mr. Couture had tried to interact with
her, and finally she felt bad for him as he would drop his head in what looked like defeat each time
26
27 she ignored him.
28 13)Plaintiff would later learn that defendant Couture was born premature, and many of his
3
Amended Complaint
emotional tendencies were similar to that of her own premature born son.
This made Plaintiff fee!
a lot of empathy for defendant as her own 34 week born premature son has similar
emotions and
reactions to stressful difficult situations.
14)Plaintiff had fun that night and again did not meet with him after the game. Ms. Wei did
Not think having dancing and having fun at the game was a big deal.
18)At the October 2014 official season premier, Ms. Wei thought she would be attending
the sharks game inconspiciously. She had fun dancing at basketball games, baseball games,
concerts, etc. and never received any attention.
16) However, when she was excited to see Sharks announcer Bret Hedican, husband of
10 Kristi Yamaguchi whom she'd been fan following since youth, Ms. Wei noticed Mr. Hedican say
11 “that's her”. Mr. Hedican’s colleague asked, “How do you know”, to which Hedican replied “...
12 her son.”
17)At many more hockey games throughout the season, Ms. Wei would dance, have fun,
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and interacted with Mr. Couture from the top of the lower bowl of the rink.
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15 18)In November 2014, Ms. Wei also attended an official team autograph session where
16 she met Genera! Manager Doug Wilson,several of the players, and broadcasters including Bret
17 Hedican, Joe Pavelski, Joe Thornton, and Marc Eduoard Vlasic. Ms. Wei has a high voice and
18 was very nervous when interacting with the players. She had very awkward responses to the
19 Players interaction with her. Upon leaving the autograph session with player Viasic, Ms. Wei
20 could hear Mr. Viasic say “maybe she’s stupid.”
21 19)Her then 9 year old son also encountered Sharks General Manager Doug Wilson and
22 asked where the bathroom was and many people laughed.
23 20)That same night, November 2014, while Plaintiff was skating on the large SAP ice, Ms.
24 Wei could hear 2 SAP or Sharks employees discussing how Mr. Couture had “hit on “ Ms. Wei
25 several times and she kept rejecting him.
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27
28 TWITTER, INSTAGRAM and SOCIAL MEDIA USAGE
4
Amended Complaint
21)That same year in 2014, Ms. Wei also became more active on TWITTER (
the social
media site and began intensively interacting with some and commenting with
the the following
a) San Jose Sharks fans, via twitter and instagram.
b) some of the Sharks broadcast team via twitter (ex, Bret Hedican,Randy
Hahn, Brodie Brazil)
¢) Sharks reporters via twitter (Kevin Kurz)
d) the entire Sharks player active Roster via twitter and instagram
¢) Notable figures in the NHL (ex, Mike Johnson,Kathryn Tappen,Brian
Boucher etc.)
f) Comcast Sportsbroadcasters via twitter such as Brodie Brazil
22)Mr. Couture even followed 2 of of Ms. Wei twitter accounts using his brothers name
Judson Couture.
10 23)Being a woman in her 40s, Ms. Wei did not always know the ins and outs of social
i media. She was not aware when a person looks at a person instagram site, for example, the
12 other person is able to see how many times the person views it. She admittedly regularly checked
13 in on Mr. Couture. Plaintiff was also starting to become impressed by defendants incredible
14 abilities as as hockey player.
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16 24)In March 2015, Ms. Wei also went to a Sharks charity function for fallen officer Michael
17 Johnson where she again crossed paths with Mr. Couture but did not sit down with him in a
18 one on one meet. Being a long time sports fan of all sports, Plaintiff heard numerous instances
19 where visiting an athlete alone resulted in sexual assault or rape.(Jane Doe vs Kobe Bryant
20 et al.) and Plaintiff did not want to fall victim to sexual assault.
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22 7
E, i KEY 1
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25)Honor is a very common theme in hockey. While watching hockey, you will often hear
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about players getting into fights to defend the honor of another hockey player who were previously
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disrespected. This was repeatedly noted in broadcasts from Mr. Hedican as well has other
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NHL broadcasters. Ms. Wei remembers hearing former Sharks coach Todd Mclellan state “hockey
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is a small world, and players don’t want to embarrass themselves”.
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Amended Complaint
26)Mr. Couture’s hometown friend Drew Doughty has had a similar incident where
a fan
alleged the hockey player Doughty felt humiliated and felt the need to enact revenge.
a)Below is an excerpt from a TMZ news article:
i)We’re told ... the alleged victim told police she loudly rejected Doughty in front of
his teammates -- calling him an "a**hole" -- and his teammates laughed.
ii)Sources say the girl told police Doughty was embarrassed following the diss -
then wrangled her into a cab, took her home, and raped her.
27)Plaintiff believes defendants were trying to defend the honor of Mr. Couture because
10 they believed plaintiff “messed with him” when she flirted with him, repeatedly checked his
11 instagram, but didn’t meet up with him for sex. Ms. Wei also began to take up political causes on
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social media around this time. She overheard Justin Braun state “ if she’s not a puck bunny ( aka
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didn’t want sex), she using you.”
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She continues to be politically active on twitter now and is currently being followed by CNN
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news channel CUOMOPRIMETIME on her twitter account LordStanley2016. Plaintiff believes
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this was another point where defendants felt the need to defends Couture's honor as they believed
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she was either using him to be famous, be political, or both.
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20 Ui mn I N' TIVE FOR WATCHING GAME
21 28)Plaintiffs sudden presence in the hockey community after 2014, Ms. Wei’s enjoyment of
22 the game was also questioned.
23 29)Plaintiff can bring forth a witness who knew Ms Wei in highschool, a figure skating
24 coach, who can testify someone from the Sharks organization asked about Ms. Wei's skating and
25 her brothers hockey playing days. Defendants questioned plaintiffs motives because they could not
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find evidence that Ms. Wei’s brother played hockey as a child and Ms. Wei had suddenly showed an
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intense interest in Mr, Couture.
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Amended Complaint
30)She also heard Christina Bleakley, a Sharks employee, figureskating coach and someone
Ms. Wei was following on instagram, mention to a colleague no one in the skating communi
ty had
ever heard of Ms. Wei.
31)Sometime between 2014 and 2016, Ms Wei became aware that fans,
athletes, and people such as Bret Hedican and Randy Hahn were calling Plaintiff Puck Bunny.
a) A puck bunny is a female ice hockey fan whose interest in the sport is primarily
motivated by sexual attraction to the players rather than enjoyment of the game
itself. Primarily a Canadian term, it gained popular currency in the 21st century,
10 and in 2004 was added to the second edition of the Canadian Oxford Dictionary
which defines it as follows:
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b)Puck bunny: a young female hockey fan, especially one motivated more bya
12 desire to meet thee players than by an interest in hockey.
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c)The term is somewhat analogous to the term groupie as it relates to rock and roll
15 musician,
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17 32)Because Ms. Wei had gone from intermittently watching in previous year to watching
18 every single game reading every single hockey article, Plaintiff apparently fit the definition of a
19 puck bunny.The reality of it was that Ms Wei never socialized except for work and some hockey
20 games, and this was Ms. Wei’s social outlet.
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33)Mrs Wei was also offended by this term as Mrs.Wei has a post graduate health care
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degree and enjoyment of the sport came from analyzing the plays, looking at the players
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statistics etc.
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34) Ms. Wei and her husband have been long time fans of the FortyNiners, the Athletics, the
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SF GIANTS, and the WARRIORS. Plaintiff's husband even named his first son after Warriors
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player Tim Hardaway and Athletics Tim Hudson.
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Amended Complaint
35)Ms. Wei aiso repeatedly noted on her social media feeds that she was disappoin
ted
when meeting figure skater Peggy Flemming and other famous ice rink names and wanted
to
keep her hockey viewing about “watching hockey” only. She repeatedly expressed it was her
the rink was her stress reliever as well as her “Happy Place".
CAUSE OF ACTION
1)DEFAMATION via slander
36)Ms Wei recalls Sharks athletes and broadcasters repeatedly called Ms. Wei Puck bunny
10 while questioning her intentions for watching the sport.
i 37)As stated above, Puck bunny is mean to be defamatory and represent a promiscuous
12 person in hockey culture.
13
38)However, Mrs. Wei did not realize the sexual nature of the term until 2017. In July 2017,
14 when plaintiff was dropping her then 11 year old at summer camp, she began to hear
15 rumors that S. Wei was easy and had slept with multiple athletes. As stated above,Ms. Wei does
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not socialize much outside 1 - 2 close friends.
17
39)But it appears, once Ms. Wei was labeled “puck bunny” and “easy” by Mr. Couture,
18 many blue college workers knew Plaintiff's name. She would run into grocery workers, phone
19 installation workers, constructions workers, who all knew her name and she could hear them
20 discuss Mr. Couture, Sharks, and debate her sexual history.
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a)Some would laugh when she smiled at another male, while others would debate
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whether she could’ve slept with all those athletes given her non “HOT” body type.
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40)This presented Ms. Wei in a “false light" and has resulted in severe emotional distress
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and pain and suffering as Ms. Wei can no longer go grocery shopping at her favorite grocery
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stores in peace. She has resorted to using Amazon Fresh and Instacart, online grocery services
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to avoid the ridicule.
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41)Ms. Wei works for a pharmacy which utilizes delivery drivers to provide prescription
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Amended Complaint
analyze her body and also debate whether or not she slept
with the athlete and “, ‘all those people”
Because of this, there were times, Plaintiff felt distracted at work and could
not work.
42)Plaintiff never leaves the house except for work, grocery shopping
and family outings.
Ms. Wei never socialized with any fans or athletes outside of social media, Therefore
, Ms. Wei
does not believe there was any other method for Plaintiff to obtain this reputation other
than
through defendants defamation of Ms. Wei.
2)INVASION OF PRIVACY.
43))In June2017, Ms. Wei overheard Brian Boucher, who is an ex sharks team player, and
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still communicates with them regularly, tell an associate they (San Jose Sharks} finally broke into
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Ms. Wei’s medical record. Ms. Wei didn't think anything of it. Ms. Wei's current health medical
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records are primarily through Stanford. Stanford is well known for their strong cybersecurity
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measures. However, shortly after Ms. Wei would go into her local grocery stores a)Zanottos,
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b)Lunardi's c)Whole Foods she would hear the butchers laughing, ridiculing Ms. Wei
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Sharks,discussing how the Sharks broke into Plaintiff's medical records. This has also resulted in
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a lot of pain and suffering and evidence could be provided by witness testimony.
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19 PRECEDENT WITH MR COUTURE REGARDING PRIVACY ISSUES
46)Ms. Wei will provide evidence that Mr. Couture has previously
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shown questionable judgement when it comes to respecting another person's privacy. Plaintiff
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had an online exchange with Sharks fan Gretchen where fan recounts feeling disgusted after
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finding out Mr. Couture had gone through her or her friends underwear drawer and read through
23
her private journal.
24
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26 S)VIOLATION OF ELECTRONICS COMMUNICATION PRIVAGY ACTt(18. U.S.C.2510) and
COMPUTER FRAUD AND ABUSE ACT (18. U.S.C 1030), CA penal code 502
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28 47)Ms. Wei also alleges the Logan Couture and San Jose Sharks went through an email
9
Amended Complaint
between her and an old work associate. They contacted him, smoked cigarettes with him, and in
attempt to get dirt on Ms. Wei, asked him about the nature of their work/ financial
relationship.
Ms. Wei has a witness who can testify that such an exchange occurred and other witnesses who
can attest Ms Wei’s ex coworker was a point of discussion on social media or dark web.
48) Plaintiff had previously downloaded and deleted the Sharks game app. In Latisha
Satchel! vs Warriors et al, Satchell claims beacon technology was used to track her movements
and listen in on private conversations.Ms. Wei never agreed to such terms, and has since deleted
the app.
49) The San Jose Sharks had access to Ms. Wei’s phone number, email, and
address because she had registered with them as a season ticket holder and fan, but never gave
10 consent to search through her emails, intercept her emails and calls, and discuss Ms. Wei’s
i relationship with old associates.
12
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TRYING TO RESOLVE ISSUES LEGALLY WITH DEFENDANTS
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50)Plaintiff has attempted to address accountability LEGALLY with defendants. IN 2017,
15
Plaintiff sent an email to Sharks HR department detailing defamation and invasion of privacy
16
claims. When Ms. Wei attempted to describe everything that has happened,Ms. Wei was met
17
with a lot of resistance. HR representative Karen Aasan stated “ | don’t know what kind of circles
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you run in”, to which Plaintiff had to reply “ | don't run in any circles. | never go out”
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51) Ms. Aasan said she would look Into the allegations. Months later when Plaintiff, did not
20
hear anything,Ms. Wei received an email that the Sharks had did not find any evidence of
21
wrongdoing. When Ms Wei pressed on, requesting who Sharks spoke to, Ms. Wei never received
22
a response.
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24
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WITNESS TAMPERING AND BRIBERY 18 U.S.C. 1512
26 52)In the National Post, Joe O’connor writers about bribery in hockey.
27
Awriter Hockey Parent Confidential
28 An oral history of sex, bribes and goalie moms
10
Amended Complaint
Interviews by Joe O’Connor
Illustrations by Chloe Cushman
53)There are other well known documented instances of bribery in sports.
54)In this official Complaint, Ms. Wei has not officially named many of her witnesses. In an
email exchange with opposing counsel, Plaintiff hinted at some of the individuals whom
will be testifying. Ms. Wei believes Sharks intercepted this email and has since offered financial
incentive to keep this witness from testifying. A subpoena of witness's recent financial deposits ,
if allowed by the court, should corroborate Ms. Wei’s allegation.
10
I 54))Despite Plaintiffs over 30 year love for the ice rink, Ms Wei regrets interacting with
12 defendants and wished she stopped watching hockey and left the community earlier. Ms. Wei is
13 an incredibly busy mom of 2, ethical health care provider, christian church goer and incentive for
14 filing this complaint is to restore Ms. Wei’s reputation as well as address accountability for the
15 numerous pain and suffering defendants have imposed on Plaintiff.
16
55) Plaintiff is praying for and seeks punitive damages that are consistent with
17
defamation, invasion of privacy, witness tampering, violation of the Electronic Communications
18
Privacy Act and Computer, Fraud, and Abuse Act as determined by the court. The amount
19
exceeds 25,000.
20
21
22 Dated em MY day of Aubwh 2019
23 '
24 Loven Phatnd
25 Susan Wei, Pla ff
2461 Booksin Av
26 San Jose,CA 961
27
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Amended Complaint
Preview
JENNIFER M. PROTAS - BAR# 250959 jenn.protas@hogefenton.com ASHLEE N. CHERRY - BAR# 312731 ashlee.cherry@hogefenton.com HOGE, FENTON, JONES & APPEL, INC. Sixty South Market Street, Suite 1400 San Jose, California 95113-2396 Phone: (408) 287-9501 Fax: (408) 287-2583 Attorneys for Defendants San Jose Sharks and Logan Couture SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CLARA 10 11 Susan Wei No. 18CV328985 12 Plaintiff, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ DEMURRER 13 vs. TO PLAINTIFF’S SECOND AMENDED COMPLAINT 14 San Jose Sharks and Logan Couture, Date: June 20, 2019 15 Defendants. Time: 9:00 a.m. Dept.: 2 16 Judge: Hon. Mark H. Pierce Trial Date: None 17 Complaint Filed: May 29, 2018 18 19 Pursuant to Evidence Code sections 452 and 453 and California Rules of Court, 20 Rule 3.1306, Defendants San Jose Sharks and Logan Couture (“Defendants”) hereby 21 request that this Court take judicial notice of the following attached documents: 1 22 Plaintiff's Complaint filed on May 29, 2018, a true and correct copy of which 23 is attached hereto as Exhibit A. This pleading is a document that is an official record of a 24 court in this state, and therefore, it is subject to judicial notice under Evidence Code 25 sections 452(d) and 453. 26 2 Plaintiffs First Amended Complaint filed on August 9, 2018, a true and 27 correct copy of which is attached hereto as Exhibit B. This pleading is a document that is 28 an official record of a court in this state, and therefore, it is subject to judicial notice under -1- REQ. FOR JUDICIAL NOTICE ISO DEFS.' DEMURRER TO PLTF.'S SECOND AMENDED COMPLAINT \WHFREPO\DOCS\92270\DRAFTS\3186062.DOCX 1 Evidence Code sections 452(d) and 453. 2 3 DATED: February 14, 2019 HOGE, FENTON, JONES & APPEL, INC ov EAU \V—— Jennifer M. Protas Ashlee N. Cherry Attorneys for Defendants SAN JOSE SHARKS and LOGAN COUTURE 10 11 12 13 14 15 16 17 18 19 20 2 22 23 24 25 26 27 28 -2- REQ. FOR JUDICIAL NOTICE ISO DEFS.' DEMURRER TO PLTF.'S SECOND AMENDED COMPLAINT \\HFREPO\DOCS\92270\DRAFTS\3186062.DOCX EXHIBIT A ages 23 é e | : = i: Ee@ 2 Sena ‘S! Sus: a E & shoe: = 1 gfE ou Be i fe 2 oO 2 at tt q € § 3 8 ie a go a g wm ie : & a E a @ 5 2 ¢ 2 = $2 2 i . a Bi zg 4 : Zz 2 & € oF me Se pte i s 5 ee g & i i : ag & as 8 a = Ww |6 E& eB2 2 seen 3 2 ie i = ~Be axe BS 2 3 3 mn aa em tee = z SEs 2 a4 z a> “epragA2als 44:6 ABB aperaa43 PRURX, UPFAGE, 2305 ret. 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Tien Case #18CV328985 Envelope: 1818249 [Santa Clara Superior Court of California] 6 9 Susan Wei Case No.: 18CV328985 10 Plaintiff Amended Complaint for: 11 vs. 1)Defamation 12 San Jose Sharks and Logan Couture, 2)Invasion of Privacy 13 3)Electronic Communications Privacy Act 14 Defendant(s) t (18. U.S.C.251 0) and Computer,Fraud,and Abuse Act (18, JS.C 1030, 4)Witness Tampering 18 U.S.C. 15 1512 16 DEMAND FOR JURY TRIAL 17 18 DATE: (9/11/2018) TIME: 3:45pm DEPT: #6 19 Judge: Theodore C. Zayner 20 Dept: #6 - Action Filed: (5/29/18) 21 22 URISDICTIO ID VENUE 24 1)Plaintiff Susan Wei is a married mother of 2,pharmacist, and resident of (Willow Glen) San Jose, CA. 26 27 2)Defendant(s) are San Jose Sharks, a Sports Entertainment corporation based in San 28 Jose and Logan Couture is a player in the organization, both residents of San Jose. l Amended Complaint 3)Plaintiff is informed, and under the ethical oath as a pharmacist and church going christian, alleges the the statements made in this complaint are true and to the best of her knowledge. INTRODUCTION 4)Ms. Wei has been a fan of iceskating and hockey since 1980's. Ms. Wei became mesmerized by the magic and beauty of figure skating following the 1988 Winter Olympics. She took her first group lessons with Laura Galindo, sister of future National Men's Champion Rudy Galindo. 10 5)However, the daughter of a teacher and Hewlett Packard technician, she did not come Vl from a wealthy family. Her father refused to pay 20 dollars for 20-30 minute private coach skating 12 lessons. Her father who would only allow her 200 dollars at the beginning of the school year to 13 buy clothes. He vehemently claimed he wore the same clothes since arriving to the U.S. in 1975 14 and ,therefore, did not believe in spending money on unnecessary things. 15 6)Raised by what some would now say was a “tiger mom" or tiger parents, Ms.Wei was 16 not allowed to have play dates or get togethers with frlends. She WAS allowed , however, to 17 spend 3 days a week at the ice rink and travel with her brother to attend hockey games. 18 Therefore, the ice rink meant and continues to mean a lot to Plaintiff. 19 20 7)Her brother, now a respected Stanford Medical school alum and anesthesiologist, played 21 in the local C league. This C league no longer exists, and this would later prove a factor in 22 alleged torts and violations. Ms. Wei taught herself figure skating spins and jump, but due to 23 cost and no coach, she only competed in 1 or 2 competitions . There were very few 24 records of her skating in the system. Ms Wei would later call the ice rink her “Happy Place” or 25 “Sanctuary” because it held such a happy place in her heart. Ms. Wei watched every figure 26 skating competition and knew all the figure skaters. 27 8)On her wedding day, Plaintiff's maid of honor, best friend Char gave a speech stating 28 2 Amended Complaint how the two had bonded at the ice rink, dreamt about going to the Olympics and “being Kristi Yamaguchi". After finishing college, Ms. Wei had Planned to return to the rink, watch hockey games, and finally pay for more figure skating lessons. MR. COUTURE’: INTRODUCTION IS. WE! 9)After returning from postgraduate pharmacy school the early 2000s, Ms. Wei would intermittently watch San Jose Sharks games at SAP. In November 2011, Ms.Wei attended a hockey game with family celebrating her husband's 37 birthday. Her 5 year old son was excited to look at the rink and it was there ,in her classy empire waist wool jacket and 10 black pants, Mr. Couture noticed her. I 10)Throughout the game defendant would look in her direction to try to get her attention 12 Many fans would attest, on social media or via interrogatories, Mr Couture would constantly draw 13 his attention to one female fan at Sharks hockey game .He'd then meet with her individually and 14 possibly have sexual intercourse with the female fan. This is well Known amongst fans on social 15 media. Mr. Couture would try to do the same with Ms. Wei as she went to a few other games prior 16 to 2014, but she consistently rebuked him. 17 18 ESTABLISHING THE SAN JOSE SHARKS TEAM’S KNOWLEDGE OF MS. WEI and MORE 19 STATEMENT OF FACTS 20 11)In April 2014 Ms. Wei was excited to attend a Sharks game at SAP with her 8 year old son. This was the first night Ms. Wei had gone out on a date 22 night of any kind since the birth of her second son in December 2012 23 12)While sitting only 4 rows from the ice, Ms Wei REGRETFULLY engaged in fun flirting/ 24 25 dancing with Mr Couture. This was the third or fourth time Mr. Couture had tried to interact with her, and finally she felt bad for him as he would drop his head in what looked like defeat each time 26 27 she ignored him. 28 13)Plaintiff would later learn that defendant Couture was born premature, and many of his 3 Amended Complaint emotional tendencies were similar to that of her own premature born son. This made Plaintiff fee! a lot of empathy for defendant as her own 34 week born premature son has similar emotions and reactions to stressful difficult situations. 14)Plaintiff had fun that night and again did not meet with him after the game. Ms. Wei did Not think having dancing and having fun at the game was a big deal. 18)At the October 2014 official season premier, Ms. Wei thought she would be attending the sharks game inconspiciously. She had fun dancing at basketball games, baseball games, concerts, etc. and never received any attention. 16) However, when she was excited to see Sharks announcer Bret Hedican, husband of 10 Kristi Yamaguchi whom she'd been fan following since youth, Ms. Wei noticed Mr. Hedican say 11 “that's her”. Mr. Hedican’s colleague asked, “How do you know”, to which Hedican replied “... 12 her son.” 17)At many more hockey games throughout the season, Ms. Wei would dance, have fun, 13 and interacted with Mr. Couture from the top of the lower bowl of the rink. 14 15 18)In November 2014, Ms. Wei also attended an official team autograph session where 16 she met Genera! Manager Doug Wilson,several of the players, and broadcasters including Bret 17 Hedican, Joe Pavelski, Joe Thornton, and Marc Eduoard Vlasic. Ms. Wei has a high voice and 18 was very nervous when interacting with the players. She had very awkward responses to the 19 Players interaction with her. Upon leaving the autograph session with player Viasic, Ms. Wei 20 could hear Mr. Viasic say “maybe she’s stupid.” 21 19)Her then 9 year old son also encountered Sharks General Manager Doug Wilson and 22 asked where the bathroom was and many people laughed. 23 20)That same night, November 2014, while Plaintiff was skating on the large SAP ice, Ms. 24 Wei could hear 2 SAP or Sharks employees discussing how Mr. Couture had “hit on “ Ms. Wei 25 several times and she kept rejecting him. 26 27 28 TWITTER, INSTAGRAM and SOCIAL MEDIA USAGE 4 Amended Complaint 21)That same year in 2014, Ms. Wei also became more active on TWITTER ( the social media site and began intensively interacting with some and commenting with the the following a) San Jose Sharks fans, via twitter and instagram. b) some of the Sharks broadcast team via twitter (ex, Bret Hedican,Randy Hahn, Brodie Brazil) ¢) Sharks reporters via twitter (Kevin Kurz) d) the entire Sharks player active Roster via twitter and instagram ¢) Notable figures in the NHL (ex, Mike Johnson,Kathryn Tappen,Brian Boucher etc.) f) Comcast Sportsbroadcasters via twitter such as Brodie Brazil 22)Mr. Couture even followed 2 of of Ms. Wei twitter accounts using his brothers name Judson Couture. 10 23)Being a woman in her 40s, Ms. Wei did not always know the ins and outs of social i media. She was not aware when a person looks at a person instagram site, for example, the 12 other person is able to see how many times the person views it. She admittedly regularly checked 13 in on Mr. Couture. Plaintiff was also starting to become impressed by defendants incredible 14 abilities as as hockey player. 15 16 24)In March 2015, Ms. Wei also went to a Sharks charity function for fallen officer Michael 17 Johnson where she again crossed paths with Mr. Couture but did not sit down with him in a 18 one on one meet. Being a long time sports fan of all sports, Plaintiff heard numerous instances 19 where visiting an athlete alone resulted in sexual assault or rape.(Jane Doe vs Kobe Bryant 20 et al.) and Plaintiff did not want to fall victim to sexual assault. 21 22 7 E, i KEY 1 23 25)Honor is a very common theme in hockey. While watching hockey, you will often hear 24 about players getting into fights to defend the honor of another hockey player who were previously 25 disrespected. This was repeatedly noted in broadcasts from Mr. Hedican as well has other 26 NHL broadcasters. Ms. Wei remembers hearing former Sharks coach Todd Mclellan state “hockey 27 is a small world, and players don’t want to embarrass themselves”. 28 5 Amended Complaint 26)Mr. Couture’s hometown friend Drew Doughty has had a similar incident where a fan alleged the hockey player Doughty felt humiliated and felt the need to enact revenge. a)Below is an excerpt from a TMZ news article: i)We’re told ... the alleged victim told police she loudly rejected Doughty in front of his teammates -- calling him an "a**hole" -- and his teammates laughed. ii)Sources say the girl told police Doughty was embarrassed following the diss - then wrangled her into a cab, took her home, and raped her. 27)Plaintiff believes defendants were trying to defend the honor of Mr. Couture because 10 they believed plaintiff “messed with him” when she flirted with him, repeatedly checked his 11 instagram, but didn’t meet up with him for sex. Ms. Wei also began to take up political causes on 12 social media around this time. She overheard Justin Braun state “ if she’s not a puck bunny ( aka 13 didn’t want sex), she using you.” 14 She continues to be politically active on twitter now and is currently being followed by CNN 15 news channel CUOMOPRIMETIME on her twitter account LordStanley2016. Plaintiff believes 16 this was another point where defendants felt the need to defends Couture's honor as they believed 17 she was either using him to be famous, be political, or both. 18 19 20 Ui mn I N' TIVE FOR WATCHING GAME 21 28)Plaintiffs sudden presence in the hockey community after 2014, Ms. Wei’s enjoyment of 22 the game was also questioned. 23 29)Plaintiff can bring forth a witness who knew Ms Wei in highschool, a figure skating 24 coach, who can testify someone from the Sharks organization asked about Ms. Wei's skating and 25 her brothers hockey playing days. Defendants questioned plaintiffs motives because they could not 26 find evidence that Ms. Wei’s brother played hockey as a child and Ms. Wei had suddenly showed an 27 intense interest in Mr, Couture. 28 6 Amended Complaint 30)She also heard Christina Bleakley, a Sharks employee, figureskating coach and someone Ms. Wei was following on instagram, mention to a colleague no one in the skating communi ty had ever heard of Ms. Wei. 31)Sometime between 2014 and 2016, Ms Wei became aware that fans, athletes, and people such as Bret Hedican and Randy Hahn were calling Plaintiff Puck Bunny. a) A puck bunny is a female ice hockey fan whose interest in the sport is primarily motivated by sexual attraction to the players rather than enjoyment of the game itself. Primarily a Canadian term, it gained popular currency in the 21st century, 10 and in 2004 was added to the second edition of the Canadian Oxford Dictionary which defines it as follows: 11 b)Puck bunny: a young female hockey fan, especially one motivated more bya 12 desire to meet thee players than by an interest in hockey. 13 14 c)The term is somewhat analogous to the term groupie as it relates to rock and roll 15 musician, 16 17 32)Because Ms. Wei had gone from intermittently watching in previous year to watching 18 every single game reading every single hockey article, Plaintiff apparently fit the definition of a 19 puck bunny.The reality of it was that Ms Wei never socialized except for work and some hockey 20 games, and this was Ms. Wei’s social outlet. 21 22 33)Mrs Wei was also offended by this term as Mrs.Wei has a post graduate health care 23 degree and enjoyment of the sport came from analyzing the plays, looking at the players 24 statistics etc. 25 34) Ms. Wei and her husband have been long time fans of the FortyNiners, the Athletics, the 26 SF GIANTS, and the WARRIORS. Plaintiff's husband even named his first son after Warriors 27 player Tim Hardaway and Athletics Tim Hudson. 28 7 Amended Complaint 35)Ms. Wei aiso repeatedly noted on her social media feeds that she was disappoin ted when meeting figure skater Peggy Flemming and other famous ice rink names and wanted to keep her hockey viewing about “watching hockey” only. She repeatedly expressed it was her the rink was her stress reliever as well as her “Happy Place". CAUSE OF ACTION 1)DEFAMATION via slander 36)Ms Wei recalls Sharks athletes and broadcasters repeatedly called Ms. Wei Puck bunny 10 while questioning her intentions for watching the sport. i 37)As stated above, Puck bunny is mean to be defamatory and represent a promiscuous 12 person in hockey culture. 13 38)However, Mrs. Wei did not realize the sexual nature of the term until 2017. In July 2017, 14 when plaintiff was dropping her then 11 year old at summer camp, she began to hear 15 rumors that S. Wei was easy and had slept with multiple athletes. As stated above,Ms. Wei does 16 not socialize much outside 1 - 2 close friends. 17 39)But it appears, once Ms. Wei was labeled “puck bunny” and “easy” by Mr. Couture, 18 many blue college workers knew Plaintiff's name. She would run into grocery workers, phone 19 installation workers, constructions workers, who all knew her name and she could hear them 20 discuss Mr. Couture, Sharks, and debate her sexual history. 21 a)Some would laugh when she smiled at another male, while others would debate 22 whether she could’ve slept with all those athletes given her non “HOT” body type. 23 40)This presented Ms. Wei in a “false light" and has resulted in severe emotional distress 24 and pain and suffering as Ms. Wei can no longer go grocery shopping at her favorite grocery 25 stores in peace. She has resorted to using Amazon Fresh and Instacart, online grocery services 26 to avoid the ridicule. 27 41)Ms. Wei works for a pharmacy which utilizes delivery drivers to provide prescription 28 8 Amended Complaint analyze her body and also debate whether or not she slept with the athlete and “, ‘all those people” Because of this, there were times, Plaintiff felt distracted at work and could not work. 42)Plaintiff never leaves the house except for work, grocery shopping and family outings. Ms. Wei never socialized with any fans or athletes outside of social media, Therefore , Ms. Wei does not believe there was any other method for Plaintiff to obtain this reputation other than through defendants defamation of Ms. Wei. 2)INVASION OF PRIVACY. 43))In June2017, Ms. Wei overheard Brian Boucher, who is an ex sharks team player, and 10 still communicates with them regularly, tell an associate they (San Jose Sharks} finally broke into 11 Ms. Wei’s medical record. Ms. Wei didn't think anything of it. Ms. Wei's current health medical 12 records are primarily through Stanford. Stanford is well known for their strong cybersecurity 13 measures. However, shortly after Ms. Wei would go into her local grocery stores a)Zanottos, 14 b)Lunardi's c)Whole Foods she would hear the butchers laughing, ridiculing Ms. Wei 15 Sharks,discussing how the Sharks broke into Plaintiff's medical records. This has also resulted in 16 a lot of pain and suffering and evidence could be provided by witness testimony. 17 18 19 PRECEDENT WITH MR COUTURE REGARDING PRIVACY ISSUES 46)Ms. Wei will provide evidence that Mr. Couture has previously 20 shown questionable judgement when it comes to respecting another person's privacy. Plaintiff 21 had an online exchange with Sharks fan Gretchen where fan recounts feeling disgusted after 22 finding out Mr. Couture had gone through her or her friends underwear drawer and read through 23 her private journal. 24 25 26 S)VIOLATION OF ELECTRONICS COMMUNICATION PRIVAGY ACTt(18. U.S.C.2510) and COMPUTER FRAUD AND ABUSE ACT (18. U.S.C 1030), CA penal code 502 27 28 47)Ms. Wei also alleges the Logan Couture and San Jose Sharks went through an email 9 Amended Complaint between her and an old work associate. They contacted him, smoked cigarettes with him, and in attempt to get dirt on Ms. Wei, asked him about the nature of their work/ financial relationship. Ms. Wei has a witness who can testify that such an exchange occurred and other witnesses who can attest Ms Wei’s ex coworker was a point of discussion on social media or dark web. 48) Plaintiff had previously downloaded and deleted the Sharks game app. In Latisha Satchel! vs Warriors et al, Satchell claims beacon technology was used to track her movements and listen in on private conversations.Ms. Wei never agreed to such terms, and has since deleted the app. 49) The San Jose Sharks had access to Ms. Wei’s phone number, email, and address because she had registered with them as a season ticket holder and fan, but never gave 10 consent to search through her emails, intercept her emails and calls, and discuss Ms. Wei’s i relationship with old associates. 12 13 TRYING TO RESOLVE ISSUES LEGALLY WITH DEFENDANTS 14 50)Plaintiff has attempted to address accountability LEGALLY with defendants. IN 2017, 15 Plaintiff sent an email to Sharks HR department detailing defamation and invasion of privacy 16 claims. When Ms. Wei attempted to describe everything that has happened,Ms. Wei was met 17 with a lot of resistance. HR representative Karen Aasan stated “ | don’t know what kind of circles 18 you run in”, to which Plaintiff had to reply “ | don't run in any circles. | never go out” 19 51) Ms. Aasan said she would look Into the allegations. Months later when Plaintiff, did not 20 hear anything,Ms. Wei received an email that the Sharks had did not find any evidence of 21 wrongdoing. When Ms Wei pressed on, requesting who Sharks spoke to, Ms. Wei never received 22 a response. 23 24 25 WITNESS TAMPERING AND BRIBERY 18 U.S.C. 1512 26 52)In the National Post, Joe O’connor writers about bribery in hockey. 27 Awriter Hockey Parent Confidential 28 An oral history of sex, bribes and goalie moms 10 Amended Complaint Interviews by Joe O’Connor Illustrations by Chloe Cushman 53)There are other well known documented instances of bribery in sports. 54)In this official Complaint, Ms. Wei has not officially named many of her witnesses. In an email exchange with opposing counsel, Plaintiff hinted at some of the individuals whom will be testifying. Ms. Wei believes Sharks intercepted this email and has since offered financial incentive to keep this witness from testifying. A subpoena of witness's recent financial deposits , if allowed by the court, should corroborate Ms. Wei’s allegation. 10 I 54))Despite Plaintiffs over 30 year love for the ice rink, Ms Wei regrets interacting with 12 defendants and wished she stopped watching hockey and left the community earlier. Ms. Wei is 13 an incredibly busy mom of 2, ethical health care provider, christian church goer and incentive for 14 filing this complaint is to restore Ms. Wei’s reputation as well as address accountability for the 15 numerous pain and suffering defendants have imposed on Plaintiff. 16 55) Plaintiff is praying for and seeks punitive damages that are consistent with 17 defamation, invasion of privacy, witness tampering, violation of the Electronic Communications 18 Privacy Act and Computer, Fraud, and Abuse Act as determined by the court. The amount 19 exceeds 25,000. 20 21 22 Dated em MY day of Aubwh 2019 23 ' 24 Loven Phatnd 25 Susan Wei, Pla ff 2461 Booksin Av 26 San Jose,CA 961 27 28 u Amended Complaint