© we a aw ew 10 of 12 13, 14 1S 16 17 18 19 20 a 22 23 24 25 26 27 28 Micha Star Liberty (SBN 215687) LIBERTY LAW OFFICE 1970 Broadway, Suite 700 Oakland, CA 94612 Telephone: (510) 645-1000 Facsimile: (888) 645-2008 E-mail: team@libertylaw.com John Clune, (Pro Hac Vice Forthcoming) HUTCHINSON, BLACK AND COOK, LLC 921 Walnut St, Suite 200 Boulder, CO 80302 Telephone: (303) 442-6514 Facsimile: (303) 442-6593 more Pat BY FAX SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA IV. caseNo; 2TCWBROTES Plaintiff, CompLatnt ANp DEMAND For Jury TRIAL: . L.SEXUAL BATTERY IN VIOLATION OF JARRYD HAYNE, (CALIFORNIA CIVIL CODE §1708.5 Defendant. 2.BATTERY 3. CIVIL ACTION FOR GENDER VIOLENCE IN VIOLATION OF CALIFORNIA CI DE §52- A 4,INTENTIONAL INELICTION OF EMOTIONA! DisTREss S.NEGLIGENCE PAGEL ‘COMPLAINT AND DEMAND FOR JURY TRIALScar s He oOH u 13 4 15 16 17 18 19 20 2 2 23 24 25 26 27 28 Plaintiff J.V. (“Plaintiff”) sues Defendant Jarryd Hayne (“Defendant” or “Hayne”), and alleges: Overview 1. This is an action for (i) sexual battery, (ji) battery, (iii) gender violence, (iv) intentional infliction of emotional distress, and (v) negligence, and arising out of a rape of a ‘woman unable to consent to sexual penetration. Parties, Jurisdiction & Venue 2. Plaintiff is an individual who resides in Santa Clara County California. Due to the high profile nature of the Defendant and the nature of the claims brought, Plaintiff is filing using her initials only. Plaintiff will disclose the compete identity of Plaintiff to the Defendant and understands that this Court may ask the parties to address the issue after Defendant is brought into the matter. 3. Defendant is an individual who resides in the foreign state of Australia and previously and temporarily resided in the County of Santa Clara at the time of the events described herein, 4, Venue is proper in Santa Clara County, California inasmuch as it is the location of the events and injuries described herein. GENERAL ALLEGATIONS 5. In late 2015, Defendant was employed as an athlete for the San Francisco 49ers (“49ers”), a professional football team in the National Football League. Defendant previously had been employed in his home country of Australia as a professional Rugby player. 6. Plaintiff grew up in Santa Clara County and attended school in the area, In late 2015, Plaintiff was working at a local restaurant. 7. Plaintiff had recently met several of Defendant’s acquaintances and had become friends with at least one of those acquaintances. PAGE2 ‘COMPLAINT AND DEMAND FOR JURY TRIALSworcwmrxraunerun u 13, 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 8 On December 21, 2015, Plaintiff was out with some of her friends during the day and attending a portion of the 49ers football game in the afternoon. Following the game, Plaintiff and friends went to a restaurant where they ate and drank. The group later went to a local bar in San Jose, California. 9. A friend of Defendant’s had been texting and messaging via social media with Plaintiff and learned what bar she and her friends had selected. Defendant and his friends arrived thereafter. 10. Plaintiff became heavily intoxicated at the bar. During a later police interview, a friend of Plaintiff's described that she had never seen Plaintiff so intoxicated. 11. Inthe early morning hours of December 21, 2015, despite having minimal interaction that night, Defendant took the now heavily intoxicated Plaintiff back to his home in San Jose via “Uber”, an app based car service. During the ride home, Plaintiff passed out in the car due to her extreme level of intoxication. The only thing Plaintiff recalled from the car ride was that once outside Defendant’s home, the vehicle’s interior light shined in her eyes when Defendant opened the door. 12, Plaintiff has no recollection of how she got into Defendant’s home other than faint recollections of an elevator and moving down a hallway. Plaintiff's next memory was being in a bedroom and seeing a silhouette of a man with Defendant's build coming towards her. The man put his hands on her shoulders and flipped her around so she was no longer facing him. 13. ‘The man instructed her “no kissing” and shortly thereafter she felt extremely sharp pain in her vagina. When the man spoke, she recognized his voice as that of the Defendant. Her last memories were falling face down on the bed, seeing a light from the hallway, and the continued sharp vaginal pain. 14. The next morning Plaintiff awoke in the same room and in the same bed. She was PAGE3 ‘COMPLAINT AND DEMAND FOR JURY TRIAL,Soca rxaueren u 12 1B 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 naked, draped in a single sheet, and still in significant vaginal pain. 15. As Plaintiff looked around the room, she noticed the Defendant's clothing still in the room but not the Defendant. She also noticed a large pool of blood on the sheets next to her as well as blood on her vagina. 16. As of December 21, 2015, Plaintiff had never had vaginal intercourse, consensual or otherwise. 17. Plaintiff was in shock and wanted to leave. She quickly decided that if she reported to the police she would need some kind of proof and took Defendant's undergarment in case there was a need for testing. 18, When Plaintiff got home, she became fearful of calling the police. Plaintiff had heard of many cases, especially involving high profile athletes, where victims were discredited and even blamed for reporting sexual assault. 19. Plaintiff herself had dealt with prior issues of depression and anxiety and worried that she would be an easy target for victim-blaming. 20. Plaintiff instead told some of the details to two of her friends and sought out Defendant so she could confront him and learn more about what he had done to her. 21. ‘Two days after the rape, Plaintiff contacted an acquaintance who was friends with Defendant. The acquaintance indicated that upon speaking with Defendant, Defendant indicated that nothing had happened between the two of them. 22. Plaintiff, knowing this was false, eventually contacted Defendant via Instagram ‘messaging, a social media platform, and asked him to tell her what had happened and why he would do that to her. 23. This time, Defendant admitted to the sexual contact by stating that they had “hooked up”, a term used to describe consensual sexual activity. PAGE 4 ‘COMPLAINT AND DEMAND FOR JURY TRIALCor ane 10 at 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 24. Plaintiff feared even more that she would not be believed and struggled with the decision of whether or not to report, 25. Plaintiff had vaginal pain for several months after Defendant raped her, which she continues to experiences to this day. 26. In April 2016, Plaintiff went to the Emergency Department for an examination. The hospital called the police but Plaintiff declined to speak with them. 27. Over the next few weeks, the anxiety of keeping Defendant's behavior a secret worsened until Plaintiff could no longer stand it. Plaintiff reported the matter to the San Jose Police Department in May, 2016. 28. The San Jose Police department investigated the matter conducting witness interviews and asking Plaintiff to message and contact Defendant to get him to make incriminating statements confirming sexual penetration, 29. Eventually, the District Attorney informed Plaintiff that there was not enough evidence to prove the crime of rape beyond a reasonable doubt. 30. Plaintiff now brings suit alleging the same. EIRST CAUSE OF ACTION SEXUAL BATTERY 31. Plaintiff re-alleges and incorporates herein by reference all preceding allegations in the Paragraphs above. 32. California Civil Code §1708.5 provides in pertinent part: (@) A person commits a sexual battery who does any of the following: (1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results (2) Acts with the intent to cause a harmful or offensive contact with another by use of PAGE $ ‘COMPLAINT AND DEMAND FOR JURY TRIALCer Aue oEN 10 MW 12 13 14 15 16 7 18 19 20 2 2 23 24 25 26 27 28 his or her intimate part, and a sexually offensive contact with that person directly or indirectly results. 29. Defendant caused such harmful or offensive contact with the intimate parts of Plaintiff when on December 21, 2015, he vaginally raped her without her consent. 30. As the direct and proximate result of Defendant’s offensive and harmful contacts, Plaintiff has suffered injuries, damages, and losses — including, without limitation, severe emotional distress, humiliation, economic loss, and other consequential damages. 31. Defendant's behavior as alleged herein was willful, wanton, and malicious and was intended to oppress and cause injury to Plaintiff and as such, is entitled to an award of punitive damages. SECOND CAUSE OF ACTIO! BATTERY 32. Plaintiff re-alleges and incorporates herein by reference all preceding allegations in the Paragraphs above. 33. On December 21, 2015 Defendant intentionally and unlawfully engaged in harmful and offensive contact as more fully set forth above. 34. By engaging in such harmful and offensive contact, Defendant intended to cause physical harm or offensive touching to Plaintiff. 35. As a result of such conduct, Defendant did cause physical harm or offensive touching to Plaintiff. 36. At no time did Plaintiff consent to any of the harmful or offensive touching described herein, 37. As the direct and proximate result of Defendant’s offensive and harmful contacts, Plaintiff has suffered injuries, damages, and losses — including, without limitation, severe ‘emotional distress, humiliation, economic loss, and other consequential damages. PAGE 6 ‘COMPLAINT AND DEMAND FOR JURY TRIALBoo 6a 5s u 1B 14 15 16 17 18 19 20 21 22 re 24 25 26 27 28 38. Defendant’s behavior as alleged herein was willful, wanton, and malicious and was intended to oppress and cause injury to Plaintiff and as such, is entitled to an award of punitive damages. THIRD CAUSE OF ACTION GENDER VIOLENCE 39. Plaintiff re-alleges and incorporates herein by reference all preceding allegations in the Paragraphs above. 40. California Civil Code 52.4 provides as follows: (a) Any person who has been subjected to gender violence may bring a civil action for damages against any responsible party. The plaintiff may seek actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorney s fees and costs. (b) An action brought pursuant to this section shall be commenced within three years of the act, or if the victim was a minor when the act occurred, within eight years after the date the plaintiff attains the age of majority or within three years after the date the plaintiff discovers or reasonably should have discovered the psychological injury or illness occurring after the age of majority that was caused by the act, whichever date occurs later. (©) For purposes of this section, gender violence is a form of sex discrimination and ‘means either of the following: (1) One or more acts that would constitute a criminal offense under state law that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, committed at least in part based on the gender of the victim, whether or not those acts have resulted in criminal PAGE7 ‘COMPLAINT AND DEMAND FOR JURY TRIAL,Scar vsH een rt 13 4 15 16 7 18 19 20 a 2 23 24 25 26 27 28 complaints, charges, prosecution, or conviction. (2)A physical intrusion or physical invasion of a sexual nature under coercive conditions, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction. (@ For purposes of this section, gender has the meaning set forth in Section 51. (©) Notwithstanding any other laws that may establish the liability of an employer for the acts of an employee, this section does not establish any civil liability of a person because of his or her status as an employer, unless the employer personally committed an act of gender violence. 35. Defendant's behavior as described above was sexual in nature and was accomplished through coercive condition where Defendant sexually penetrated Plaintiff who was 0 intoxicated that she could not consent before the sexual penetration. 36. As the direct and proximate result of Defendant’s offensive and harmful contacts, Plaintiff has suffered injuries, damages, and losses — including, without limitation, severe emotional distress, humiliation, economic loss, and other consequential damages. 37. Defendant’s behavior as alleged herein was willful, wanton, and malicious and was intended to oppress and cause injury to Plaintiff and as such, is entitled to an award of punitive damages. FOURTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. 41. Plaintiff re-alleges and incorporates herein by reference all preceding allegations in Paragraphs above. 42. In raping Plaintiff, Defendant intentionally caused or acted with a reckless disregard of causing Plaintiff to suffer severe mental anguish and suffering. PAGE 8 ‘COMPLAINT AND DEMAND FOR JURY TRIALSocwrxaunon nT 12 13 14 15 16 7 18 19 20 2 2 23 24 25 26 27 28 43. Defendant's conduct and actions in raping Plaintiff went beyond all possible bounds of decency and was shocking, atrocious and utterly intolerable in a civilized society. 44. Defendant's aforementioned conduct was extreme and outrageous and caused Plaintiff to suffer severe mental anguish and suffering, including, more specifically, post- traumatic stress, loss of sleep, flashbacks, severe anxiety, fear of repeat sexual violence, an unfounded sense of shame, and depression, all of which have occasioned and may continue to require psychological and other counseling. 45. As the direct and proximate result of Defendant’s intentional or reckless infliction of emotional distress, Plaintiff has suffered injuries, damages, and losses — including, without limitation, past and future emotional and mental distress, pain, and suffering; past and future harm to Plaintiff's education and its opportunities and benefits; impaired earnings capacity, past and future; and past and future losses of the enjoyment of life. 46. As the direct and proximate result of Defendant's offensive and harmful contacts, Plaintiff has suffered injuries, damages, and losses — including, without limitation, severe ‘emotional distress, humiliation, economic loss, and other consequential damages. 47. Defendant’s behavior as alleged herein was willful, wanton, and malicious and ‘was intended to oppress and cause injury to Plaintiff and as such, is entitled to an award of punitive damages. FIFTH CAUSE OF ACTION IEGLIGENCE 48. Plaintiff re-alleges and incorporates herein by reference all preceding allegations in Paragraphs above. 49. Defendant owed Plaintiff the duty to not sexually penetrated her without her consent. PAGE 9 ‘COMPLAINT AND DEMAND FOR JURY TRIAL.50. Defendant breached that duty where he sexually penetrated her when she had no ability to consent to sexual contact. 51. As the direct and proximate result of Defendant’s offensive and harmful contacts, Plaintiff has suffered injuries, damages, and losses — including, without limitation, severe emotional distress, humiliation, economic loss, and other consequential damages. PRAYER FOR RELIEF Wherefore, Plaintiff prays for judgment against Defense on each and every cause of action as follows: 1. Fora money judgment representing compensatory damages including consequential damages, and all other sums of money, together with interest on these amounts; 2. Foran award of money judgment for the emotional pain, anguish and severe distress; 3. Punitive Damages; 4. For prejudgment and post judgment interest, and 5. Forany other relief that is just and proper. DEMAND FOR JURY TRIAL Plaintiff respectfully demands a trial by jury as to all matters so triable. Dated: December 19, 2017 Micha Star Liberty (SBN 215687) LIBERTY LAW OFFICE 1970 Broadway, Suite 700 Oakland, CA 94612 Telephone: (510) 643-1000 Facsimile: (888) 645-2008 E-mail: team@libertylaw.com Attorneys for Plaintiff, PAGE 10 COMPLAINT AND DEMAND FOR JURY TRIAL