Preview
1 DEBORAH S. MALLGRAVE, State Bar No. 198603
DMallgrave@GGTrialLaw.com
2 CLAIRE-LISE Y. KUTLAY, State Bar No. 307080
CKutlay@GGTrialLaw.com
3 GREENBERG GROSS LLP
650 Town Center Drive, Suite 1700
4 Costa Mesa, California 92626
Telephone: (949) 383-2800
5 Facsimile: (949) 383-2801 E-FILED
9/18/2020 3:00 PM
6 MICHAEL RECK, State Bar No. 209895 Superior Court of California
MReck@AndersonAdvocates.com County of Fresno
7 MICHAEL G. FINNEGAN, State Bar No. 241091 By: I. Herrera, Deputy
Mike@AndersonAdvocates.com
8 JENNIFER E. STEIN, State Bar No. 300775
Jennifer@AndersonAdvocates.com
9 JEFF ANDERSON & ASSOCIATES
11812 San Vicente Boulevard, #503
10 Los Angeles, California, 90049
Telephone: (310) 357-2425
11 Facsimile: (651) 297-6543
12 Attorneys for Plaintiff
13
14 SUPERIOR COURT OF THE STATE OF CALIFORNIA
15 COUNTY OF FRESNO
16
17 MICHAEL KEENEY, an individual, Case No. 20CECG02732
18 Plaintiff, COMPLAINT FOR DAMAGES
19 v. 1) Sexual Battery
2) Sexual Harassment
20 DOE 1, an individual; and DOES 2-10. 3) Intentional Infliction of Emotional
Distress
21 Defendants. 4) Gender Violence (Civ. Code, § 52.4)
22 Filed Pursuant to Code of Civil Procedure
Section 340.1, as Amended by Assembly Bill
23 218
24 [Jury Trial Demanded]
25
26
27
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COMPLAINT FOR DAMAGES
1 Plaintiff Michael Keeney (“Plaintiff”) brings this action against Defendants DOE 1
2 (“Defendant”) and DOES 2 through 10 (together, “Defendants”), and based on information and
3 belief alleges as follows:
4 PARTIES
5 1. Plaintiff is an adult male currently residing in Fresno County, California. Plaintiff
6 was born in 1973 and was a minor throughout the period of child sexual assault alleged herein. At
7 all times relevant to this Complaint, Plaintiff was residing in Fresno County, California. Plaintiff
8 brings this Complaint pursuant to Code of Civil Procedure section 340.1, as amended by Assembly
9 Bill 218, for the sexual assaults he suffered at the hands of Defendant. Thus, Plaintiff’s claims for
10 damages suffered as a result of childhood sexual assault are timely filed as this Complaint is filed
11 within three years of January 1, 2020.
12 2. Defendant DOE 1 is Plaintiff’s stepfather. Defendant is an adult individual, who
13 Plaintiff is informed and believes currently resides in Fresno, California. At all times relevant to
14 this Complaint, Defendant resided in Fresno, California. Defendant is a respected and well-known
15 businessman in Fresno. Defendant married Plaintiff’s mother in or around 1986, when Plaintiff was
16 approximately 13 years old.
17 3. The true names and capacities, whether individual, corporate, partnership, associate,
18 or otherwise, of Defendants DOES 2-10, inclusive, are unknown to Plaintiff. Accordingly, Plaintiff
19 sues DOES 2-10 by such fictitious names pursuant to section 474 of the California Code of Civil
20 Procedure. Plaintiff will seek leave to amend this Complaint to allege their true names and
21 capacities when they are ascertained. Plaintiff is informed and believes and thereon alleges that
22 DOES 2-10 are legally responsible in some manner for the events, happenings, and/or tortious and
23 unlawful conduct that caused the injuries and damages alleged in this Complaint.
24 4. Each of the Defendants aided and abetted each other Defendant. Each Defendant
25 knowingly gave substantial assistance to each other Defendant who performed the wrongful
26 conduct alleged herein. Accordingly, each Defendant is jointly and severally liable for the damages
27 proximately caused by each other Defendant’s wrongful conduct.
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COMPLAINT FOR DAMAGES
1 5. Whenever reference is made to “Defendants” in this Complaint, such allegation shall
2 be deemed to mean the acts of Defendants acting individually, jointly, and/or severally.
3 6. Except as hereinafter specifically described, Defendants, and each of them, are and
4 were the agents of the other Defendants, and in acting as described herein were acting within the
5 scope of their authority as agents thereof, and with the permission and consent of the other
6 Defendants.
7 FACTUAL ALLEGATIONS
8 I. Plaintiff’s Early Childhood Is Marked by Instability.
9 7. Plaintiff was born in 1973, when his mother was approximately 15 years old.
10 8. Soon after Plaintiff was born, his mother and his biological father were married.
11 Their marriage was short-lived, and they divorced a few years later. Plaintiff did not have a
12 relationship with his biological father for the remainder of his childhood.
13 9. Plaintiff’s mother remarried in or around 1980, when Plaintiff was approximately
14 seven years old. Although Plaintiff had a positive relationship with his first stepfather, the marriage
15 did not last, and Plaintiff’s mother and first stepfather divorced approximately two years later.
16 Plaintiff had limited contact with his first stepfather following the divorce and relied solely on his
17 mother, and at times his grandparents, for parental support.
18 II. Defendant Isolates Plaintiff and His Mother and Begins Physically and Emotionally
19 Abusing Plaintiff.
20 10. In or around 1986, when Plaintiff was approximately 13 years old, Plaintiff’s
21 biological mother and Defendant began a romantic relationship. The relationship moved quickly
22 and they were married shortly thereafter. At Defendant’s insistence, Plaintiff and his mother
23 immediately moved out of their home and to Defendant’s home.
24 11. As Plaintiff’s stepfather, Defendant occupied a unique position of trust, authority,
25 respect, and power over Plaintiff. Defendant was entrusted with the supervision, care, and control
26 of Plaintiff, a minor, and thus stood in loco parentis with respect to Plaintiff and owed Plaintiff a
27 special duty of care. Unfortunately, Defendant did not protect and nurture Plaintiff, but rather
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COMPLAINT FOR DAMAGES
1 created a volatile and traumatic home environment stemming from his verbal and physical abuse,
2 and his sexual assaults, of Plaintiff.
3 12. Defendant repeatedly breached his duty by subjecting Plaintiff to extreme emotional
4 and physical abuse on an almost daily basis. Defendant’s abusive behavior was further exacerbated
5 by his severe alcohol abuse. Defendant was visibly intoxicated during most, if not all of his
6 interactions with Plaintiff, including the abuse alleged herein.
7 13. Within the first month of living with Defendant, Defendant started beating Plaintiff
8 with regularity. Defendant would strip Plaintiff’s clothes off and beat Plaintiff all over his body
9 with a belt strap and belt buckle, resulting in large, painful welts. Defendant was careful to never
10 hit Plaintiff above the neck, so as to avoid detection. Defendant physically abused Plaintiff in this
11 manner on an almost daily basis.
12 14. In addition to his physical abuse of Plaintiff, Defendant emotionally abused
13 Plaintiff’s mother. Defendant isolated Plaintiff’s mother from her friends and most of her family,
14 until her only social contact beyond Defendant was her mother. Defendant insulted and belittled
15 Plaintiff’s mother, wearing down her self-esteem and lording his wealth over her so that she would
16 feel dependent upon him and powerless to stop the abuse.
17 15. At one point, Defendant’s beatings were so severe that Plaintiff sustained injuries to
18 his ribs. Although Plaintiff was having difficulty breathing, and he and his mother feared his ribs
19 were broken, Defendant forbid Plaintiff’s mother from taking him to the hospital.
20 III. Defendant Sodomizes Plaintiff in the Course of His Recurring Physical Abuse.
21 16. After approximately six months of beatings, Defendant’s abuse of Plaintiff escalated.
22 While Plaintiff’s mother was at work, Defendant started beating Plaintiff in a drunken rage, just as
23 he had done countless times before. During this beating, however, he tore off Plaintiff’s pants and
24 yelled that he was “going to make a man out of” him. Defendant then went behind Plaintiff,
25 forcibly held Plaintiff’s head down, and violently raped him. Plaintiff was in shock. He did not
26 fully realize what was happening until after Defendant had finished.
27 17. Defendant violently raped Plaintiff in this manner on at least three occasions. On
28 one occasion, Plaintiff suffered rectal bleeding as a result of the rape.
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COMPLAINT FOR DAMAGES
1 18. By Defendant’s own admission, these violent sexual assaults were motivated at least
2 in part by Plaintiff’s gender as Defendant would repeatedly tell Plaintiff he was “going to make a
3 man out of him” before proceeding to rape him.
4 19. On more than one occasion, Defendant threatened to kill Plaintiff and members of
5 his family while he was raping him. At just 13 years old, Plaintiff was terrified of Defendant and
6 believed Defendant would eventually carry out his threats.
7 20. Plaintiff did not, and was unable to, give free or voluntary consent to the sexual acts
8 perpetrated against him by Defendant, as he was a minor child at the time of the assaults alleged
9 herein and was under both physical and emotional duress.
10 21. The sexual acts perpetrated upon Plaintiff by Defendant constitute child sexual
11 assault as defined by California Code of Civil Procedure Section 340.1, as modified by Assembly
12 Bill 218, and were a violation of the California Penal Code, including, but not limited to, Penal
13 Code sections 286, 288, and 647.6.
14 IV. Plaintiff Escapes Defendant’s Sexual Assaults.
15 22. In or around 1988, Plaintiff’s bruising from Defendant’s abuse had become so severe
16 it could no longer be hidden or ignored, and local police were called to the house. Plaintiff was
17 removed from his home by Fresno County Social Services and temporarily placed with his maternal
18 grandparents before being transferred to a violent group home. After a brief stay in the group
19 home, Plaintiff’s aunt was granted temporary custody of Plaintiff.
20 23. Although Plaintiff was relieved to be free from Defendant’s abuse, conditions were
21 cramped at the house. Plaintiff had multiple cousins, all living in the house, and Plaintiff began to
22 feel like a burden. Plaintiff also missed his mother, from whom he had never lived apart.
23 Eventually, Plaintiff moved back in with his mother and Defendant.
24 24. Defendant’s excessive drinking and verbal abuse continued. Plaintiff lived in
25 constant fear that Defendant would beat and sexually abuse him again, and continued to carry
26 significant emotional pain and trauma as a result of Defendant’s actions.
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COMPLAINT FOR DAMAGES
1 V. Plaintiff Attempts to Reveal the Full Scope of Defendant’s Abuse.
2 25. In early 1992, when Plaintiff turned 18, he tried to tell his mother of the full extent
3 of Defendant’s abuse and sexual assaults. Defendant immediately became enraged and, in
4 retaliation, called the police and demanded that they remove Plaintiff from the house. Defendant
5 would not allow Plaintiff to collect his personal belongings, and instead, placed them all in a
6 storage locker.
7 26. Defendant has encouraged Plaintiff’s mother to shut him out entirely, and as a result,
8 their relationship remains strained.
9 27. As a result of Defendant’s sexual assaults, Plaintiff has suffered and continues to
10 suffer from stress-induced panic attacks, several of which have been severe enough to necessitate
11 emergency medical care. Plaintiff has sought and continues to seek psychiatric care to cope with
12 his trauma and abuse. Plaintiff was diagnosed with post-traumatic stress disorder, chronic
13 depression, and anxiety disorder as a result of the sexual abuse he endured from Defendant.
14 28. As a result of Defendant’s sexual assaults, Plaintiff has suffered economic injury, all
15 to Plaintiff’s general, special, and consequential damage in an amount to be proven at trial, but in
16 no event less than the minimum jurisdictional amount of this Court.
17 29. In subjecting Plaintiff to the wrongful treatment alleged herein, Defendants acted
18 willfully and maliciously with the intent to harm Plaintiff and in conscious disregard for Plaintiff’s
19 rights so as to constitute malice and oppression under Civil Code section 3294. Plaintiff is
20 therefore entitled to the recovery of punitive damages in a sum to be shown according to proof at
21 trial.
22 FIRST CAUSE OF ACTION
23 SEXUAL BATTERY
24 (Against all Defendants)
25 30. Plaintiff re-alleges and incorporates by reference each and every allegation contained
26 above as though fully set forth in this cause of action.
27 31. During Plaintiff’s time residing with Defendant, Defendant intentionally, recklessly,
28 and wantonly made sexual advances, solicitations, requests, and demands for sexual compliance of
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COMPLAINT FOR DAMAGES
1 a hostile nature based on Plaintiff’s gender that were unwelcome, pervasive, and severe. The sexual
2 harassment and assaults included, but was not limited to, forcibly raping Plaintiff.
3 32. Defendant did the aforementioned acts with the intent to cause a harmful or
4 offensive contact with an intimate part of Plaintiff’s person and would offend a reasonable sense of
5 personal dignity. Further, said acts did cause a harmful or offensive contact with an intimate part of
6 Plaintiff’s person that would offend a reasonable sense of personal dignity.
7 33. Because of Defendant’s position of authority over Plaintiff, physical seclusion of
8 Plaintiff, Plaintiff’s mental and emotional state, and Plaintiff’s young age, Plaintiff was unable to
9 and did not give consent to such acts.
10 34. As a result of the above-described conduct, Plaintiff has suffered economic injury,
11 all to Plaintiff’s general, special, and consequential damage in an amount to be proven at trial, but
12 in no event less than the minimum jurisdictional amount of this Court.
13 35. As a result of the above-described conduct, Plaintiff has suffered and continues to
14 suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional
15 distress, severe anxiety, depression, substance abuse, feelings of self-blame, shame, hypervigilance,
16 a lost sense of trust, a sense of being tainted, and relationship and intimacy issues, and was
17 prevented and will continue to be prevented from performing daily activities and obtaining the full
18 enjoyment of life.
19 36. In subjecting Plaintiff to the wrongful treatment alleged herein, Defendant(s) acted
20 willfully and maliciously with the intent to harm Plaintiff and in conscious disregard for Plaintiff’s
21 rights so as to constitute malice and oppression under Civil Code section 3294. Plaintiff is
22 therefore entitled to the recovery of punitive damages in a sum to be shown according to proof at
23 trial.
24 SECOND CAUSE OF ACTION
25 SEXUAL HARASSMENT
26 (Against all Defendants)
27 37. Plaintiff repeats, re-alleges and incorporates herein by reference all consistent
28 paragraphs of this Complaint as if fully set forth herein.
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COMPLAINT FOR DAMAGES
1 38. During Plaintiff’s time residing with Defendant, Defendant intentionally, recklessly,
2 and wantonly made sexual advances, solicitations, requests, and demands for sexual compliance of
3 a hostile nature based on Plaintiff’s gender that were unwelcome, pervasive, and severe. The sexual
4 harassment and assaults included, but was not limited to, forcibly raping Plaintiff.
5 39. Because of Plaintiff’s relationship with Defendant and Plaintiff’s age of minority,
6 Plaintiff was unable to terminate the relationship he had with Defendants.
7 40. Because of Plaintiff’s age and position of authority, physical seclusion of Plaintiff,
8 Plaintiff’s mental and emotional state, and Plaintiff’s age of minority, Plaintiff was unable to and
9 did not give consent to Defendant’s acts.
10 41. As a result of the above-described conduct, Plaintiff has suffered economic injury,
11 all to Plaintiff’s general, special, and consequential damage in an amount to be proven at trial, but
12 in no event less than the minimum jurisdictional amount of this Court.
13 42. As a result of the above-described conduct, Plaintiff has suffered and continues to
14 suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional
15 distress, severe anxiety, depression, substance abuse, feelings of self-blame, shame, hypervigilance,
16 a lost sense of trust, a sense of being tainted, and relationship and intimacy issues, and was
17 prevented and will continue to be prevented from performing daily activities and obtaining the full
18 enjoyment of life.
19 43. In subjecting Plaintiff to the wrongful treatment alleged herein, Defendant acted
20 willfully and maliciously with the intent to harm Plaintiff and in conscious disregard for Plaintiff’s
21 rights so as to constitute malice and oppression under Civil Code section 3294. Plaintiff is
22 therefore entitled to the recovery of punitive damages in a sum to be shown according to proof at
23 trial.
24 THIRD CAUSE OF ACTION
25 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
26 (Against all Defendants)
27 44. Plaintiff re-alleges and incorporates by reference each and every allegation contained
28 above as though fully set forth in this cause of action.
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COMPLAINT FOR DAMAGES
1 45. Defendant intended his behavior and knew or should have known that emotional
2 distress would likely result.
3 46. Defendant’s conduct as alleged throughout this complaint was outrageous.
4 47. Defendant’s conduct exceeded all bounds of decency and is odious and utterly
5 intolerable in a civilized society.
6 48. Defendant’s conduct caused emotional distress in the minor Plaintiff and this
7 emotional distress was and continues to be severe.
8 49. As a result of the above-described conduct, Plaintiff has suffered economic injury,
9 all to Plaintiff’s general, special, and consequential damage in an amount to be proven at trial, but
10 in no event less than the minimum jurisdictional amount of this Court.
11 50. As a result of the above-described conduct, Plaintiff has suffered and continues to
12 suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional
13 distress, severe anxiety, depression, substance abuse, feelings of self-blame, shame, hypervigilance,
14 a lost sense of trust, a sense of being tainted, and relationship and intimacy issues, and was
15 prevented and will continue to be prevented from performing daily activities and obtaining the full
16 enjoyment of life.
17 FOURTH CAUSE OF ACTION
18 GENDER VIOLENCE
19 (Cal. Civ. Code, § 52.4)
20 (Against All Defendants)
21 51. Plaintiff repeats, re-alleges and incorporates herein by reference all consistent
22 paragraphs of this Complaint as if fully set forth herein.
23 52. California Civil Code section 52.4 provides a plaintiff with a private cause of action
24 for damages against any person who subjects another to “Gender Violence.” Gender Violence
25 constitutes gender discrimination through either: (1) at least one act: (a) that would constitute a
26 criminal offense under state law that has as an element the use, attempted use, or threatened use of
27 physical force against the person or property of another, and (b) that was committed at least in part
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COMPLAINT FOR DAMAGES
1 based on the gender of the victim; or (2) a physical intrusion or physical invasion of a sexual nature
2 under coercive conditions.
3 53. Defendant committed gender violence in violation of section 52.4 as follows:
4 Defendant sexually battered, sexually assaulted, molested, and otherwise sexually violated Plaintiff.
5 Such acts include but are not limited to Defendant threatening to “make a man” out of Plaintiff and
6 then penetrating Plaintiff’s anus with his penis.
7 54. As a result of the above-described conduct, Plaintiff has suffered economic injury,
8 all to Plaintiff’s general, special, and consequential damage in an amount to be proven at trial, but
9 in no event less than the minimum jurisdictional amount of this Court.
10 55. As a result of the above-described conduct, Plaintiff has suffered and continues to
11 suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional
12 distress, severe anxiety, depression, substance abuse, feelings of self-blame, shame, hypervigilance,
13 a lost sense of trust, a sense of being tainted, and relationship and intimacy issues, and was
14 prevented and will continue to be prevented from performing daily activities and obtaining the full
15 enjoyment of life.
16 56. Defendant engaged in the conduct described herein with malice, oppression, and
17 fraud. Defendant intended to cause injury to Plaintiff or otherwise engaged in the described
18 despicable conduct with a willful and conscious disregard for the rights or safety of Plaintiff.
19 Defendant engaged in despicable conduct that subjected Plaintiff to cruel and unjust hardship in
20 disregard of his rights.
21 57. Pursuant to section 52.4 of the California Civil Code, Plaintiff seeks actual damages,
22 compensatory damages, attorneys’ fees and costs, and all other appropriate relief. Plaintiff also
23 seeks punitive damages.
24 ///
25 ///
26 ///
27 ///
28 ///
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COMPLAINT FOR DAMAGES
1 PRAYER FOR RELIEF
2 WHEREFORE, Plaintiff prays for the following relief against Defendant:
3 1. For past, present, and future general damages in an amount to be determined at trial;
4 2. For past, present, and future special damages, including but not limited to past,
5 present and future lost earnings, economic damages, and others in an amount to be determined at
6 trial;
7 3. For any appropriate statutory damages;
8 4. For cost of suit;
9 5. For interest as allowed by law;
10 6. For any appropriate punitive or exemplary damage;
11 7. For attorneys’ fees pursuant to Code of Civil Procedure section 52.4, or otherwise as
12 allowable by law; and
13 8. For such other and further relief as the court may deem proper.
14 DATED: September 18, 2020 GREENBERG GROSS LLP
15
16 By:
Deborah S. Mallgrave
17 Claire-Lise Y. Kutlay
18 JEFF ANDERSON & ASSOCIATES
Michael Reck
19
Michael G. Finnegan
20 Jennifer E. Stein
21 Attorneys for Plaintiff Michael Keeney
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COMPLAINT FOR DAMAGES
1 DEMAND FOR JURY TRIAL
2 Plaintiff Michael Keeney hereby demands a trial by jury in this matter.
3
4 DATED: September 18, 2020 GREENBERG GROSS LLP
5
6 By:
Deborah S. Mallgrave
7 Claire-Lise Y. Kutlay
8 JEFF ANDERSON & ASSOCIATES
Michael Reck
9
Michael G. Finnegan
10 Jennifer E. Stein
11 Attorneys for Plaintiff Michael Keeney
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COMPLAINT FOR DAMAGES
Preview
1 DEBORAH S. MALLGRAVE, State Bar No. 198603 DMallgrave@GGTrialLaw.com 2 CLAIRE-LISE Y. KUTLAY, State Bar No. 307080 CKutlay@GGTrialLaw.com 3 GREENBERG GROSS LLP 650 Town Center Drive, Suite 1700 4 Costa Mesa, California 92626 Telephone: (949) 383-2800 5 Facsimile: (949) 383-2801 E-FILED 9/18/2020 3:00 PM 6 MICHAEL RECK, State Bar No. 209895 Superior Court of California MReck@AndersonAdvocates.com County of Fresno 7 MICHAEL G. FINNEGAN, State Bar No. 241091 By: I. Herrera, Deputy Mike@AndersonAdvocates.com 8 JENNIFER E. STEIN, State Bar No. 300775 Jennifer@AndersonAdvocates.com 9 JEFF ANDERSON & ASSOCIATES 11812 San Vicente Boulevard, #503 10 Los Angeles, California, 90049 Telephone: (310) 357-2425 11 Facsimile: (651) 297-6543 12 Attorneys for Plaintiff 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF FRESNO 16 17 MICHAEL KEENEY, an individual, Case No. 20CECG02732 18 Plaintiff, COMPLAINT FOR DAMAGES 19 v. 1) Sexual Battery 2) Sexual Harassment 20 DOE 1, an individual; and DOES 2-10. 3) Intentional Infliction of Emotional Distress 21 Defendants. 4) Gender Violence (Civ. Code, § 52.4) 22 Filed Pursuant to Code of Civil Procedure Section 340.1, as Amended by Assembly Bill 23 218 24 [Jury Trial Demanded] 25 26 27 28 COMPLAINT FOR DAMAGES 1 Plaintiff Michael Keeney (“Plaintiff”) brings this action against Defendants DOE 1 2 (“Defendant”) and DOES 2 through 10 (together, “Defendants”), and based on information and 3 belief alleges as follows: 4 PARTIES 5 1. Plaintiff is an adult male currently residing in Fresno County, California. Plaintiff 6 was born in 1973 and was a minor throughout the period of child sexual assault alleged herein. At 7 all times relevant to this Complaint, Plaintiff was residing in Fresno County, California. Plaintiff 8 brings this Complaint pursuant to Code of Civil Procedure section 340.1, as amended by Assembly 9 Bill 218, for the sexual assaults he suffered at the hands of Defendant. Thus, Plaintiff’s claims for 10 damages suffered as a result of childhood sexual assault are timely filed as this Complaint is filed 11 within three years of January 1, 2020. 12 2. Defendant DOE 1 is Plaintiff’s stepfather. Defendant is an adult individual, who 13 Plaintiff is informed and believes currently resides in Fresno, California. At all times relevant to 14 this Complaint, Defendant resided in Fresno, California. Defendant is a respected and well-known 15 businessman in Fresno. Defendant married Plaintiff’s mother in or around 1986, when Plaintiff was 16 approximately 13 years old. 17 3. The true names and capacities, whether individual, corporate, partnership, associate, 18 or otherwise, of Defendants DOES 2-10, inclusive, are unknown to Plaintiff. Accordingly, Plaintiff 19 sues DOES 2-10 by such fictitious names pursuant to section 474 of the California Code of Civil 20 Procedure. Plaintiff will seek leave to amend this Complaint to allege their true names and 21 capacities when they are ascertained. Plaintiff is informed and believes and thereon alleges that 22 DOES 2-10 are legally responsible in some manner for the events, happenings, and/or tortious and 23 unlawful conduct that caused the injuries and damages alleged in this Complaint. 24 4. Each of the Defendants aided and abetted each other Defendant. Each Defendant 25 knowingly gave substantial assistance to each other Defendant who performed the wrongful 26 conduct alleged herein. Accordingly, each Defendant is jointly and severally liable for the damages 27 proximately caused by each other Defendant’s wrongful conduct. 28 -2- COMPLAINT FOR DAMAGES 1 5. Whenever reference is made to “Defendants” in this Complaint, such allegation shall 2 be deemed to mean the acts of Defendants acting individually, jointly, and/or severally. 3 6. Except as hereinafter specifically described, Defendants, and each of them, are and 4 were the agents of the other Defendants, and in acting as described herein were acting within the 5 scope of their authority as agents thereof, and with the permission and consent of the other 6 Defendants. 7 FACTUAL ALLEGATIONS 8 I. Plaintiff’s Early Childhood Is Marked by Instability. 9 7. Plaintiff was born in 1973, when his mother was approximately 15 years old. 10 8. Soon after Plaintiff was born, his mother and his biological father were married. 11 Their marriage was short-lived, and they divorced a few years later. Plaintiff did not have a 12 relationship with his biological father for the remainder of his childhood. 13 9. Plaintiff’s mother remarried in or around 1980, when Plaintiff was approximately 14 seven years old. Although Plaintiff had a positive relationship with his first stepfather, the marriage 15 did not last, and Plaintiff’s mother and first stepfather divorced approximately two years later. 16 Plaintiff had limited contact with his first stepfather following the divorce and relied solely on his 17 mother, and at times his grandparents, for parental support. 18 II. Defendant Isolates Plaintiff and His Mother and Begins Physically and Emotionally 19 Abusing Plaintiff. 20 10. In or around 1986, when Plaintiff was approximately 13 years old, Plaintiff’s 21 biological mother and Defendant began a romantic relationship. The relationship moved quickly 22 and they were married shortly thereafter. At Defendant’s insistence, Plaintiff and his mother 23 immediately moved out of their home and to Defendant’s home. 24 11. As Plaintiff’s stepfather, Defendant occupied a unique position of trust, authority, 25 respect, and power over Plaintiff. Defendant was entrusted with the supervision, care, and control 26 of Plaintiff, a minor, and thus stood in loco parentis with respect to Plaintiff and owed Plaintiff a 27 special duty of care. Unfortunately, Defendant did not protect and nurture Plaintiff, but rather 28 -3- COMPLAINT FOR DAMAGES 1 created a volatile and traumatic home environment stemming from his verbal and physical abuse, 2 and his sexual assaults, of Plaintiff. 3 12. Defendant repeatedly breached his duty by subjecting Plaintiff to extreme emotional 4 and physical abuse on an almost daily basis. Defendant’s abusive behavior was further exacerbated 5 by his severe alcohol abuse. Defendant was visibly intoxicated during most, if not all of his 6 interactions with Plaintiff, including the abuse alleged herein. 7 13. Within the first month of living with Defendant, Defendant started beating Plaintiff 8 with regularity. Defendant would strip Plaintiff’s clothes off and beat Plaintiff all over his body 9 with a belt strap and belt buckle, resulting in large, painful welts. Defendant was careful to never 10 hit Plaintiff above the neck, so as to avoid detection. Defendant physically abused Plaintiff in this 11 manner on an almost daily basis. 12 14. In addition to his physical abuse of Plaintiff, Defendant emotionally abused 13 Plaintiff’s mother. Defendant isolated Plaintiff’s mother from her friends and most of her family, 14 until her only social contact beyond Defendant was her mother. Defendant insulted and belittled 15 Plaintiff’s mother, wearing down her self-esteem and lording his wealth over her so that she would 16 feel dependent upon him and powerless to stop the abuse. 17 15. At one point, Defendant’s beatings were so severe that Plaintiff sustained injuries to 18 his ribs. Although Plaintiff was having difficulty breathing, and he and his mother feared his ribs 19 were broken, Defendant forbid Plaintiff’s mother from taking him to the hospital. 20 III. Defendant Sodomizes Plaintiff in the Course of His Recurring Physical Abuse. 21 16. After approximately six months of beatings, Defendant’s abuse of Plaintiff escalated. 22 While Plaintiff’s mother was at work, Defendant started beating Plaintiff in a drunken rage, just as 23 he had done countless times before. During this beating, however, he tore off Plaintiff’s pants and 24 yelled that he was “going to make a man out of” him. Defendant then went behind Plaintiff, 25 forcibly held Plaintiff’s head down, and violently raped him. Plaintiff was in shock. He did not 26 fully realize what was happening until after Defendant had finished. 27 17. Defendant violently raped Plaintiff in this manner on at least three occasions. On 28 one occasion, Plaintiff suffered rectal bleeding as a result of the rape. -4- COMPLAINT FOR DAMAGES 1 18. By Defendant’s own admission, these violent sexual assaults were motivated at least 2 in part by Plaintiff’s gender as Defendant would repeatedly tell Plaintiff he was “going to make a 3 man out of him” before proceeding to rape him. 4 19. On more than one occasion, Defendant threatened to kill Plaintiff and members of 5 his family while he was raping him. At just 13 years old, Plaintiff was terrified of Defendant and 6 believed Defendant would eventually carry out his threats. 7 20. Plaintiff did not, and was unable to, give free or voluntary consent to the sexual acts 8 perpetrated against him by Defendant, as he was a minor child at the time of the assaults alleged 9 herein and was under both physical and emotional duress. 10 21. The sexual acts perpetrated upon Plaintiff by Defendant constitute child sexual 11 assault as defined by California Code of Civil Procedure Section 340.1, as modified by Assembly 12 Bill 218, and were a violation of the California Penal Code, including, but not limited to, Penal 13 Code sections 286, 288, and 647.6. 14 IV. Plaintiff Escapes Defendant’s Sexual Assaults. 15 22. In or around 1988, Plaintiff’s bruising from Defendant’s abuse had become so severe 16 it could no longer be hidden or ignored, and local police were called to the house. Plaintiff was 17 removed from his home by Fresno County Social Services and temporarily placed with his maternal 18 grandparents before being transferred to a violent group home. After a brief stay in the group 19 home, Plaintiff’s aunt was granted temporary custody of Plaintiff. 20 23. Although Plaintiff was relieved to be free from Defendant’s abuse, conditions were 21 cramped at the house. Plaintiff had multiple cousins, all living in the house, and Plaintiff began to 22 feel like a burden. Plaintiff also missed his mother, from whom he had never lived apart. 23 Eventually, Plaintiff moved back in with his mother and Defendant. 24 24. Defendant’s excessive drinking and verbal abuse continued. Plaintiff lived in 25 constant fear that Defendant would beat and sexually abuse him again, and continued to carry 26 significant emotional pain and trauma as a result of Defendant’s actions. 27 28 -5- COMPLAINT FOR DAMAGES 1 V. Plaintiff Attempts to Reveal the Full Scope of Defendant’s Abuse. 2 25. In early 1992, when Plaintiff turned 18, he tried to tell his mother of the full extent 3 of Defendant’s abuse and sexual assaults. Defendant immediately became enraged and, in 4 retaliation, called the police and demanded that they remove Plaintiff from the house. Defendant 5 would not allow Plaintiff to collect his personal belongings, and instead, placed them all in a 6 storage locker. 7 26. Defendant has encouraged Plaintiff’s mother to shut him out entirely, and as a result, 8 their relationship remains strained. 9 27. As a result of Defendant’s sexual assaults, Plaintiff has suffered and continues to 10 suffer from stress-induced panic attacks, several of which have been severe enough to necessitate 11 emergency medical care. Plaintiff has sought and continues to seek psychiatric care to cope with 12 his trauma and abuse. Plaintiff was diagnosed with post-traumatic stress disorder, chronic 13 depression, and anxiety disorder as a result of the sexual abuse he endured from Defendant. 14 28. As a result of Defendant’s sexual assaults, Plaintiff has suffered economic injury, all 15 to Plaintiff’s general, special, and consequential damage in an amount to be proven at trial, but in 16 no event less than the minimum jurisdictional amount of this Court. 17 29. In subjecting Plaintiff to the wrongful treatment alleged herein, Defendants acted 18 willfully and maliciously with the intent to harm Plaintiff and in conscious disregard for Plaintiff’s 19 rights so as to constitute malice and oppression under Civil Code section 3294. Plaintiff is 20 therefore entitled to the recovery of punitive damages in a sum to be shown according to proof at 21 trial. 22 FIRST CAUSE OF ACTION 23 SEXUAL BATTERY 24 (Against all Defendants) 25 30. Plaintiff re-alleges and incorporates by reference each and every allegation contained 26 above as though fully set forth in this cause of action. 27 31. During Plaintiff’s time residing with Defendant, Defendant intentionally, recklessly, 28 and wantonly made sexual advances, solicitations, requests, and demands for sexual compliance of -6- COMPLAINT FOR DAMAGES 1 a hostile nature based on Plaintiff’s gender that were unwelcome, pervasive, and severe. The sexual 2 harassment and assaults included, but was not limited to, forcibly raping Plaintiff. 3 32. Defendant did the aforementioned acts with the intent to cause a harmful or 4 offensive contact with an intimate part of Plaintiff’s person and would offend a reasonable sense of 5 personal dignity. Further, said acts did cause a harmful or offensive contact with an intimate part of 6 Plaintiff’s person that would offend a reasonable sense of personal dignity. 7 33. Because of Defendant’s position of authority over Plaintiff, physical seclusion of 8 Plaintiff, Plaintiff’s mental and emotional state, and Plaintiff’s young age, Plaintiff was unable to 9 and did not give consent to such acts. 10 34. As a result of the above-described conduct, Plaintiff has suffered economic injury, 11 all to Plaintiff’s general, special, and consequential damage in an amount to be proven at trial, but 12 in no event less than the minimum jurisdictional amount of this Court. 13 35. As a result of the above-described conduct, Plaintiff has suffered and continues to 14 suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional 15 distress, severe anxiety, depression, substance abuse, feelings of self-blame, shame, hypervigilance, 16 a lost sense of trust, a sense of being tainted, and relationship and intimacy issues, and was 17 prevented and will continue to be prevented from performing daily activities and obtaining the full 18 enjoyment of life. 19 36. In subjecting Plaintiff to the wrongful treatment alleged herein, Defendant(s) acted 20 willfully and maliciously with the intent to harm Plaintiff and in conscious disregard for Plaintiff’s 21 rights so as to constitute malice and oppression under Civil Code section 3294. Plaintiff is 22 therefore entitled to the recovery of punitive damages in a sum to be shown according to proof at 23 trial. 24 SECOND CAUSE OF ACTION 25 SEXUAL HARASSMENT 26 (Against all Defendants) 27 37. Plaintiff repeats, re-alleges and incorporates herein by reference all consistent 28 paragraphs of this Complaint as if fully set forth herein. -7- COMPLAINT FOR DAMAGES 1 38. During Plaintiff’s time residing with Defendant, Defendant intentionally, recklessly, 2 and wantonly made sexual advances, solicitations, requests, and demands for sexual compliance of 3 a hostile nature based on Plaintiff’s gender that were unwelcome, pervasive, and severe. The sexual 4 harassment and assaults included, but was not limited to, forcibly raping Plaintiff. 5 39. Because of Plaintiff’s relationship with Defendant and Plaintiff’s age of minority, 6 Plaintiff was unable to terminate the relationship he had with Defendants. 7 40. Because of Plaintiff’s age and position of authority, physical seclusion of Plaintiff, 8 Plaintiff’s mental and emotional state, and Plaintiff’s age of minority, Plaintiff was unable to and 9 did not give consent to Defendant’s acts. 10 41. As a result of the above-described conduct, Plaintiff has suffered economic injury, 11 all to Plaintiff’s general, special, and consequential damage in an amount to be proven at trial, but 12 in no event less than the minimum jurisdictional amount of this Court. 13 42. As a result of the above-described conduct, Plaintiff has suffered and continues to 14 suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional 15 distress, severe anxiety, depression, substance abuse, feelings of self-blame, shame, hypervigilance, 16 a lost sense of trust, a sense of being tainted, and relationship and intimacy issues, and was 17 prevented and will continue to be prevented from performing daily activities and obtaining the full 18 enjoyment of life. 19 43. In subjecting Plaintiff to the wrongful treatment alleged herein, Defendant acted 20 willfully and maliciously with the intent to harm Plaintiff and in conscious disregard for Plaintiff’s 21 rights so as to constitute malice and oppression under Civil Code section 3294. Plaintiff is 22 therefore entitled to the recovery of punitive damages in a sum to be shown according to proof at 23 trial. 24 THIRD CAUSE OF ACTION 25 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 26 (Against all Defendants) 27 44. Plaintiff re-alleges and incorporates by reference each and every allegation contained 28 above as though fully set forth in this cause of action. -8- COMPLAINT FOR DAMAGES 1 45. Defendant intended his behavior and knew or should have known that emotional 2 distress would likely result. 3 46. Defendant’s conduct as alleged throughout this complaint was outrageous. 4 47. Defendant’s conduct exceeded all bounds of decency and is odious and utterly 5 intolerable in a civilized society. 6 48. Defendant’s conduct caused emotional distress in the minor Plaintiff and this 7 emotional distress was and continues to be severe. 8 49. As a result of the above-described conduct, Plaintiff has suffered economic injury, 9 all to Plaintiff’s general, special, and consequential damage in an amount to be proven at trial, but 10 in no event less than the minimum jurisdictional amount of this Court. 11 50. As a result of the above-described conduct, Plaintiff has suffered and continues to 12 suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional 13 distress, severe anxiety, depression, substance abuse, feelings of self-blame, shame, hypervigilance, 14 a lost sense of trust, a sense of being tainted, and relationship and intimacy issues, and was 15 prevented and will continue to be prevented from performing daily activities and obtaining the full 16 enjoyment of life. 17 FOURTH CAUSE OF ACTION 18 GENDER VIOLENCE 19 (Cal. Civ. Code, § 52.4) 20 (Against All Defendants) 21 51. Plaintiff repeats, re-alleges and incorporates herein by reference all consistent 22 paragraphs of this Complaint as if fully set forth herein. 23 52. California Civil Code section 52.4 provides a plaintiff with a private cause of action 24 for damages against any person who subjects another to “Gender Violence.” Gender Violence 25 constitutes gender discrimination through either: (1) at least one act: (a) that would constitute a 26 criminal offense under state law that has as an element the use, attempted use, or threatened use of 27 physical force against the person or property of another, and (b) that was committed at least in part 28 -9- COMPLAINT FOR DAMAGES 1 based on the gender of the victim; or (2) a physical intrusion or physical invasion of a sexual nature 2 under coercive conditions. 3 53. Defendant committed gender violence in violation of section 52.4 as follows: 4 Defendant sexually battered, sexually assaulted, molested, and otherwise sexually violated Plaintiff. 5 Such acts include but are not limited to Defendant threatening to “make a man” out of Plaintiff and 6 then penetrating Plaintiff’s anus with his penis. 7 54. As a result of the above-described conduct, Plaintiff has suffered economic injury, 8 all to Plaintiff’s general, special, and consequential damage in an amount to be proven at trial, but 9 in no event less than the minimum jurisdictional amount of this Court. 10 55. As a result of the above-described conduct, Plaintiff has suffered and continues to 11 suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional 12 distress, severe anxiety, depression, substance abuse, feelings of self-blame, shame, hypervigilance, 13 a lost sense of trust, a sense of being tainted, and relationship and intimacy issues, and was 14 prevented and will continue to be prevented from performing daily activities and obtaining the full 15 enjoyment of life. 16 56. Defendant engaged in the conduct described herein with malice, oppression, and 17 fraud. Defendant intended to cause injury to Plaintiff or otherwise engaged in the described 18 despicable conduct with a willful and conscious disregard for the rights or safety of Plaintiff. 19 Defendant engaged in despicable conduct that subjected Plaintiff to cruel and unjust hardship in 20 disregard of his rights. 21 57. Pursuant to section 52.4 of the California Civil Code, Plaintiff seeks actual damages, 22 compensatory damages, attorneys’ fees and costs, and all other appropriate relief. Plaintiff also 23 seeks punitive damages. 24 /// 25 /// 26 /// 27 /// 28 /// -10- COMPLAINT FOR DAMAGES 1 PRAYER FOR RELIEF 2 WHEREFORE, Plaintiff prays for the following relief against Defendant: 3 1. For past, present, and future general damages in an amount to be determined at trial; 4 2. For past, present, and future special damages, including but not limited to past, 5 present and future lost earnings, economic damages, and others in an amount to be determined at 6 trial; 7 3. For any appropriate statutory damages; 8 4. For cost of suit; 9 5. For interest as allowed by law; 10 6. For any appropriate punitive or exemplary damage; 11 7. For attorneys’ fees pursuant to Code of Civil Procedure section 52.4, or otherwise as 12 allowable by law; and 13 8. For such other and further relief as the court may deem proper. 14 DATED: September 18, 2020 GREENBERG GROSS LLP 15 16 By: Deborah S. Mallgrave 17 Claire-Lise Y. Kutlay 18 JEFF ANDERSON & ASSOCIATES Michael Reck 19 Michael G. Finnegan 20 Jennifer E. Stein 21 Attorneys for Plaintiff Michael Keeney 22 23 24 25 26 27 28 -11- COMPLAINT FOR DAMAGES 1 DEMAND FOR JURY TRIAL 2 Plaintiff Michael Keeney hereby demands a trial by jury in this matter. 3 4 DATED: September 18, 2020 GREENBERG GROSS LLP 5 6 By: Deborah S. Mallgrave 7 Claire-Lise Y. Kutlay 8 JEFF ANDERSON & ASSOCIATES Michael Reck 9 Michael G. Finnegan 10 Jennifer E. Stein 11 Attorneys for Plaintiff Michael Keeney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -12- COMPLAINT FOR DAMAGES