Filing # 189038597 E-Filed 01/03/2024 05:05:04 PM

IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION

JANE DOE,

Plaintiff, CASE NO.:

VS.

CEC ENTERTAINMENT LLC D/B/A

CHUCK E. CHEESE,

Defendant.

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, by and through undersigned counsel, hereby files this Complaint against

Defendant, CEC Entertainment, LLC D/B/A Chuck E. Cheese, and alleges as follows:

GENERAL ALLEGATIONS

1. This case arises out of the alleged sexual assault of Jane Doe, a cast member

employed by CEC Entertainment LLC. ("Chuck E. Cheese), by Emmanuel Angel Perez Montalvo

("Perez Montalvo"), another cast member of Chuck E. Cheese.

2. The alleged unlawful acts of Defendant giving rise to this action were committed

in Orange County, Florida, within the jurisdiction of the Ninth Judicial Circuit Court in and for

Orange County, Florida.

3. Plaintiff is a resident of Orange County and is sui juris. Plaintiff identifies herself

by a pseudonym because in this matter, which involves a sexual battery, she will be required to

disclose information of the utmost intimacy and may be further damaged if her identity were

publicly known and available. Her real identity will be made known to the Defendant.
 4. Defendant CEC Entertainment, LLC is an existing Florida for profit corporation

with a business address located at 7419 International Drive, Orlando, FL 32819. At all material

times, CEC Entertainment, LLC controlled Chuck E. Cheese property and engaged in the operation

of the Chuck E. Cheese located in Orlando, Florida

5. CEC Entertainment, LLC is a Texas based family entertainment and dining brand

that manages and operates other businesses such as Peter Piper Pizza brands and Pasqually's Pizza

and Wings.

6. This is an action for damages in excess of one million dollars ($1,000,000.00),

above the jurisdictional amount of fifteen thousand ($15,000) dollars, exclusive of interest and

costs.

FACTUAL ALLEGATIONS

7. At all times material hereto, Emmanuel Angel Perez Montalvo was employed as

cast member of Chuck E. Cheese. Emmanuel Angel Perez Montalvo's date of birth is March 12,

1990 and he was 29 years old during the relevant time period.

8. At all times material hereto, Jane Doe was employed as a cast member of Chuck E.

Cheese.

9. Plaintiff s date of birth is January 21, 2003 and she was 16 years old when she was

a cast member of Chuck E. Cheese.

10. On or about May of 2019, Perez Montalvo began giving Plaintiff rides home from

work in an effort to gain her trust and groom her.

11. During one of the rides home Perez Montalvo began to forcibly kiss Plaintiff and

she refused and asked him to stop. At a stoplight Perez Montalvo again attempted to kiss Plaintiff

against her will and when she refused he was visibly upset as he dropped her off at home.

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 12. After her next shift Perez Montalvo was again driving Plaintiff home and again

began to forcibly kiss Plaintiff, and when she refused he became violent and began striking her

until she complied.

13. Perez Montalvo continued to sexually assault Plaintiff on every subsequent ride

home when she was scheduled to work. Perez Montalvo would fondle Plaintiff over and under

her clothes, he would penetrate Plaintiff vaginally, anally and orally. Anytime Plaintiff refused or

attempted to resist being assaulted Perez Montalvo would get violent and strike her until she

complied.

14. This cycle of sexual assault and abuse continued approximately three times a week

for the course of approximately a year until Plaintiff left her position of employment in February,

2020.

15. Plaintiff disclosed Perez Montalvo's sexual assault in April 2020 to a teacher in her

school. Subsequently the Orange County Sheriff s Department was contacted.

16. Upon information and belief, the Orange County Sheriff s Department conducted

an
investigation into the allegations of sexual assault that resulted in his arrest. Perez Montalvo

has since been terminated from his position at Chuck E. Cheese.

17. Upon information and belief, Defendant had notice of Perez Montalvo's

inappropriate conduct during his employment.

18. Upon information and belief, Defendant had notice of Perez Montalvo's

inappropriate sexual conduct toward Plaintiff prior to her sexual assault.

19. Upon information and belief, Defendant was aware that Perez Montalvo would

drink alcohol during his shifts, would attempt to pinch and touch plaintiff, and would often give

rides home to Plaintiff, a minor, advising Perez Montalvo that such was not appropriate but taking

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no steps to protect Plaintiff. Nevertheless, Perez Montalvo remained employed by Chuck E.

Cheese, resulting in Plaintiff s sexual assault.

20. As a proximate result of the acts and omissions of Defendants, Plaintiff has suffered

emotional pain, suffering, inconvenience, mental anguish, embarrassment, humiliation, loss of

enjoyment of life, loss of dignity, emotional distress, and other non-pecuniary losses and intangible

injuries.

COUNT I
GENERAL NEGLIGENCE

21. Plaintiff repeats and realleges the allegations in paragraphs 1

through 20 above.

22. Defendant was in a special relationship with Plaintiff of employer and

employee/agent, creating a duty to exercise reasonable care to protect employee from foreseeable

harm.

23. Defendant was in a special relationship with Perez Montalvo of employer and

employee/agent such that it had a duty to take steps to make sure that Perez Montalvo was fit to

serve as a cast member of Chuck E. Cheese.

24. Defendant had a duty in hiring, retaining and supervising Perez Montalvo to

prevent foreseeable harm to employees of Chuck E. Cheese, including Plaintiff.

25. Defendant created a foreseeable zone of risk for Plaintiff after receiving

allegations against Perez Montalvo of sexual harassment and assault, creating a duty to lessen the

risk of harm.

26. Prior to Plaintiff s sexual assault incident, Defendant by and through its agents,

servants, and employees, had notice that Perez Montalvo acted inappropriately on the job and

towards female employees.

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 27. It was foreseeable to Defendant that Perez Montalvo would sexually harass and/

or assault female cast members while employed at Chuck E. Cheese.

28. Despite Defendant's actual knowledge of Perez Montalvo's sexual harassment

and assault of female employees, as described above, Defendant breached its duty to protect

Plaintiff by allowing Perez Montalvo to continue serving as a cast member, giving him proximity

female employees despite such knowledge of his dangerous sexual propensities, and by failing to

institute supervision or termination of Perez Montalvo after receiving said allegations.

29. With such actual knowledge, Defendant provided Perez Montalvo with

unfettered, unsupervised access to Plaintiff on multiple occasions, needlessly endangering her

health and safety.

30. Prior to the sexual incidents, Defendant breached its duties by failing to protect

Plaintiff from sexual harassment and sexual assault committed upon her while she was under

Chuck E. Cheese's employ.

31. Defendant breached its duty in hiring, retaining and supervising Perez Montalvo,

which placed Perez Montalvo in a position to sexually harass, and sexually assault Plaintiff.

32. As a direct and proximate result of Defendant's breach of its duties Plaintiff was

sexually harassed and assaulted by Perez Montalvo.

33. As a result of the sexual abuse and sexual harassment, Plaintiff has suffered

severe psychological, emotional and physical injuries, and emotional distress arising out of the

physical injuries, pain and suffering, mental anguish, inconvenience, loss of capacity for the

enjoyment of life, inability to lead a normal life, shame, humiliation and regression, costs

associated with medical/psychological care and treatment. Alternatively, Plaintiff sustained an

aggravation of an existing disease or mental or physical defect or activation of a latent condition

and the same losses associated with such. The injuries and damages are permanent and

continuing in nature and the Plaintiff will suffer such losses in the future.

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against

Defendant and award all damages including compensatory damages and special damages, costs,

interest, and any other relief that this Court deems just and proper.

COUNT II
PREMISES LIABILITY

21. Plaintiff repeats and re-alleges the allegations set forth in paragraphs 1
through 20

above.

22. At all relevant times, Plaintiff was an invitee/guest of Defendant.

23. Defendant, as premises owner, manager and/or operator, owed a general duty to

invitees/guests to protect them from dangers and risks to their safety.

24. Defendant owed a duty of care to protect the health, safety and welfare of Plaintiff,

an invitee/guest on the Chuck E. Cheese property. In this regard, Defendant owed Plaintiff a duty

to provide security to prevent reasonably foreseeable criminal acts.

25. At all relevant times, the risk of battery, sexual assault, and other intentionally

tortious conduct was reasonably foreseeable to Defendant and constituted a danger and hazard to

persons on the Chuck E. Cheese property.

26. It was reasonably foreseeable to Defendant that Perez Montalvo would sexually

harass and/or assault female employees working together with Perez Montalvo.

27. The sexual assault of Plaintiff by Perez Montalvo was reasonably foreseeable. It

could have been prevented or thwarted with the provision of reasonable security and the exercise

of reasonable care.
 28. As a direct and proximate consequence of the foregoing, Plaintiff suffered severe

and permanent psychological, emotional and physical injuries, shame, humiliation and the

inability to lead a normal life. These injuries have ongoing and continuing effects.

WHEREFORE, Plaintiff demands judgment against Defendant for compensatory damages,

punitive damages, costs and such other and further relief as this Court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands pursuant to Fla. R. Civ. P. 1.430 a trial by jury on all issues so

triable.

Dated: January 3, 2024 Respectfully Submitted,

HERMAN LAW
1800 N. Military Trail, Suite 140
Boca Raton, FL 33431
Tel: 305-931-2200
Fax: 305-931-0877

By: /s/ Jenny Rossman

Jeff Herman, Esq.
Florida Bar No. 521647
jherman@herrnanlaw.com
Jenny Rossman, Esq.
Florida Bar No.84625
jrossman@hermanlaw.com