10 a 12 3 uM 15 16 un 18 19 20 aa 22 2 24 26 27 28 Willie W. Williams, Bar No, 233902 The Law Offices of Willie W. Williams 10621 Church Street, Suite 110 Rancho Cucamonga, CA 91730 '909) 581-8341 (phone) '909) 586-9380 (facsimile) www @williewilliamslaw.com Attorney for PLAINTIFF JANE DOE CONFORMED Copy ‘ORIGINAL FILED ‘Superior Court of Californie inty of Los Angeles DEC 06 2018 Short R Carley, EreetiveOtiar/Cirt of Cour By: Jenny Tang, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES - STANLEY MOSK COURTHOUSE CIVIL UNLIMITED JANE DOE, an individual, PLAINTIFF, vs. |GENE KLEIN, aka GENE SIMMONS, an individual; ROCK & BREWS HOLDINGS, LLC, a California limited liability company; [ROCK AND BREWS HOLDINGS, INC., a [Delaware corporation; ROCK & BREWS, LLC, hs California limited liability company; ROCK & BREWS FRANCHISING, LLC, a California limited liability company; and DOES 1- 25, inclusive, DEFENDANTS. CoseXo: 4 BSTCVO7391 COMPLAINT FOR DAMAGES: 1. SEXUAL BATTERY IN VIOLATION OF CAL. CIV. CODE § 1708.5, 2. GENDER VIOLENCE IN VIOLATION OF CAL. CIV. CODE § 52.4 3. BATTERY 4, ASSAULT. 5. NEGLIGENT RETENTION OR SUPERVISION 6. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS DEMAND FOR JURY TRIAL PLAINTIFF JANE DOE, an individual, sues GENE KLEIN, aka GENE. SIMMONS (“SIMMONS”); ROCK & BREWS HOLDINGS, LLC, a California limited liability company; ROCK AND BREWS HOLDINGS, INC., a Delaware corporation; ROCK & BREWS, LLC, a California limited liability company; ROCK & BREWS FRANCHISING, a COMPLAIN FOR DAMAGES10 ct 12 13 u 15 16 7 18 19 20 a1 22 23 24 26 27 28 LLC, a California limited liability company (collectively, “ROCK & BREWS”); and DOES 1- 25, inclusive (collectively, “DEFENDANTS”), and in support thereof state as follows: PARTIES 1, Atal relevant times, PLAINTIFF JANE DOE (“PLAINTIFF”), who is a female, is a resident of the State of California. Due to both privacy and safety concems, PLAINTIFF sues under the pseudonym, “JANE DOE.” 2. DEFENDANT GENE KLEIN, aka GENE SIMMONS (“DEFENDANT SIMMONS”), is an individual residing in and doing business in the State of California. a DEFENDANT ROCK & BREWS HOLDINGS, LLC is a California limited liability company. PLAINTIFF is informed and believes, and on that basis alleges, that its principal place of business is in Los Angeles County. 4, DEFENDANT ROCK AND BREWS HOLDINGS, INC. is a Delaware corporation. PLAINTIFF is informed and believes, and on that basis alleges, that its principal place of business is in Los Angeles County. DEFENDANT ROCK & BREWS, LLC is a Califomia limited lability company. PLAINTIFF is informed and believes, and on that basis alleges, that its principal place of business is in Los Angeles County. 6. DEFENDANT ROCK & BREWS FRANCHISING, LLC is a California limited liability company. PLAINTIFF is informed and believes, and on that basis alleges, that its principal place of business is in Los Angeles County. ee DEFENDANTS Does 1 through 25, inclusive, are included in the Complaint under fictitious names. The true names and capacities are unknown to PLAINTIFF. When the true names and capacities are ascertained, PLAINTIFF will amend this Complaint by inserting the true names and capacities herein. PLAINTIFF is informed and believes and thereupon alleges that each of the fictitiously named DEFENDANTS was and is responsible in some manner for the occurrences alleged herein, and that PLAINTIFF'S damages as alleged herein, were proximately caused by such DEFENDANTS. 2 COMPLAINT FOR DAMAGES10 rey 1 13 a 1s 16 a 18 19 20 aa 22 23 26 27 28 8. DEFENDANTS are subject to suit under California law, including under the California Code of Civil Procedure, 9. Venue is proper because DEFENDANT SIMMONS resides in Los Angeles County and the principal place of business of DEFENDANT ROCK. & BREWS is in Los Angeles County. ‘The relief requested is within the jurisdiction of this Court. STATEMENT OF FACTS 10. DEFENDANT SIMMONS is an internationally renowned bassist and co- founder of the rock band KISS. The band has sold over 100 million CDs and DVDs worldwide. 11. In addition to his musical career, DEFENDANT SIMMONS is en owner and a member of the Executive Team of ROCK & BREWS, which is a restaurant chain based in ‘Los Angeles County. As a member of the Executive Team, DEFENDANT SIMMONS is one of two "Global Spokesmen" or "Rock & Roll Ambassadors." In this capacity, DEFENDANT ‘SIMMONS regularly travels to promote the ROCK & BREWS restaurants around the country. 12. In approximately 2016, ROCK & BREWS opened a location in San Bemardino County. In conjunction with the opening, on or about December 6, 2016, DEFENDANT SIMMONS traveled to the restaurant. 13. PLAINTIFF DOE, a dishwasher at ROCK & BREWS, was working in the kitchen at the time of DEFENDANT SIMMONS? visit. 14. During the visit, DEFENDANT SIMMONS entered the kitchen and walked into the dish pit where PLAINTIFF DOE was working. Although PLAINTIFF DOE ‘was not aware of DEFENDANT SIMMONS: celebrity, she obliged to take a photograph with hhim through the encouragement of her co-workers and DEFENDANT SIMMONS” manager. 15. As PLAINTIFF DOE stood next to DEFENDANT SIMMONS for the photograph, DEFENDANT SIMMONS? manager told PLAINTIFF DOE to move in closer. PLAINTIFF DOE moved closer to DEFENDANT SIMMONS for the photograph and to PLAINTIFF DOE's surprise, DEFENDANT SIMMONS reached over and forcefully placed his hand on her vagina, completely covering it. In complete shock by this unwarranted sexual 3 COMPLAINT FOR DAMAGES