Professional Documents
Culture Documents
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF ORANGECENTRAL JUSTICE CENTER
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Unlimited,
24 Jury Trial Demanded
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27 alleges as follows:
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COMPLAINT FOR DAMAGES
1 I. GENERAL ALLEGATIONS
3 Fighting Championship (hereafter referred to as "UFC") Mix Martial Arts ("MMA") fighter
4 choking a young male adult at a fitness gym located in Anaheim Hills, California.
8 times relevant to this action were, on information and belief, an individual residing in Orange
9 County, California.
11 20 are, and at all times relevant to this action, an entity of unknown form, with its principal place
13 5. D e f e n d a n t , ZUFFA, LLC ("ZUFFA") and DOES 21-30 are, and at all times
14 relevant to this action, a Nevada limited liability company, with its principal place of business
17 ("WMEE") and DOES 31-40 are, and at all times relevant to this action, a Delaware limited
18 liability company, with its principal place of business located in Beverly Hills, Los Angeles
19 County, California.
20 7. D e f e n d a n t 24 HOUR FITNESS USA, INC. ("24 HOUR"), and DOES 41-50 are,
21 and at all times relevant to this action, a Delaware limited liability company, with its principal
26 DEFENDANTS reside within the City of Anaheim Hills, County of Orange, California and the
27 causes of action arose out of an incident that took place in the County of Orange, California.
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COMPLAINT FOR DAMAGES
1 defendants DOES 1 through 50, inclusive, and therefore sues said defendants by their fictitious
names. PLAINTIFF will amend this complaint to allege their true names, capacities, or basis for
3 liability when the same has been ascertained. Unless specifically indicated otherwise, reference to
4 BISPING, UFC, ZUFFA, WMEE, 24 HOUR includes by reference DOE defendants 1 through
5 10, 11 through 20, 21 through 30, 31 through 40, and 41 through 50 respectively (BISPING,
6 UFC, ZUFFA, WMEE, 24 HOUR and DOES 1 through 50 are hereinafter singularly referred to
9 fictitiously named, was the agent, servant, employee, partner, joint-venturer, or surety of the other
10 DEFENDANTS and was acting within the scope o f said agency, employment, partnership,
11 venture, or suretyship, with the knowledge and consent or ratification o f each o f the other
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14 H. R E L E V A N T FACTS
15 12. O n or about July 31, 2017 PLAINTIFF entered into the 24 Hour Fitness gym
17 13. D u r i n g the same time period, PLAINTIFF saw his friend "George" working out
18 on the second floor o f the gym and the two friends began talking and helping each other's
21 area approximately five feet away from PLAINTIFF. Suddenly and without provocation, George
heard a raised voice and turned around to witness BISPING yelling at PLAINTIFF for taking
BISPING'S weights.
24 15. P L A I N T I F F apologized to BISPING stating that he did not know the weights
25 were being used by BISPING but BISPING was unsatisfied with PLAINTIFF'S apology.
26 16. T h e r e a f t e r, BISPING stood very close to PLAINTIFF began yelling at him for
27 moving the weights that BISPING was using and saying things to PLAINTIFF such as "you little
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COMPLAINT FOR DAMAGES
1 17. A t some point, BISPING became physically violent by fully extending his right
2 arm to grab PLAINTFF by the throat and proceeded to squeeze PLAINTIFF'S neck for two to
3 three seconds not allowing PLAINTIFF to move or breath. PLAINTIFF feared that he was going
4 to lose consciousness. Luckily, a larger man than BISPING intervened and pulled BISPING
5 away from PLAINTIFF before PLAINTIFF lost his consciousness. However, at some time
9 19. T h e Anaheim Police Department arrived at the 24 Hour Fitness at some point
10 thereafter and issued a private persons arrest form for assault and battery as a result of
11 BISPING'S actions.
12 20. P L A I N T I F F visited an urgent care center for intense throat pain the very next day
13 as a result of BISPING'S actions. PLAINTIFF has also seen otolaryngologist who has performed
15 and the hands of BISPING. PLAINTIFF has also had nightmares, difficulty sleeping and anxiety
17 21. B I S P I N G is a champion mixed martial artist and the current UFC middleweight
18 champion whose nickname is "The Count." H e is an expert in boxing, kickboxing, karate, and
19 Ju-Jitsu who has been training since he was eight (8) years old. H e has a professional MMA
20 record of thirty (30) wins and seven (7) losses, who has won over half his fights using his hands.
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26 23. A t all relevant times, PLAINTIFF was a nineteen-year-old male, working out at
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COMPLAINT FOR DAMAGES
PLAINTIFF, as outlined above.
5 PLAINTIFF to suffer harm and economic damages, for the cost of medical, psychological and/or
6 psychiatric treatment, and PLAINTIFF is informed and believes that he may incur damages in the
7 future for the cost of future care, in amounts according to proof at trial.
8 28. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of
9 them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award
10 of punitive damages against DEFENDANTS, and each of them, according to proof at trial.
20 PLANTIFF.
22 offensive manner.
27 PLAINTIFF to suffer harm and economic damages, for the cost of medical, psychological and/or
28 psychiatric treatment, and PLAINTIFF is informed and believes that he may incur damages in the
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COMPLAINT FOR DAMAGES
1 future for the cost of future care, in amounts according to proof at trial.
2 37. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of
3 them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award
4 of punitive damages against DEFENDANTS, and each of them, according to proof at trial.
6 subject matter jurisdictional amount of this Court, and will be demonstrated according to proof.
9 V. T H I R D CAUSE OF ACTION
(False Imprisonment)
10 (Against BISPING and DOES 1 through 10)
11 39. P L A I N T I F F r e -alleges and incorporates b y reference the allegations o f
Imo 12 paragraphs 1 through 38 of this Complaint as if fully set forth herein.
22 PLAINTIFF to suffer harm and economic damages, for the cost of medical, psychological and/or
23 psychiatric treatment, and PLAINTIFF is informed and believes that he may incur damages in the
24 future for the cost of future care, in amounts according to proof at trial.
25 46. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of
26 them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award
27 of punitive damages against DEFENDANTS, and each of them, according to proof at trial.
28 47. T h e damages caused by DEFENDANTS are well in excess o f the minimum
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COMPLAINT FOR DAMAGES
1 subject matter jurisdictional amount of this Court, and will be demonstrated according to proof.
9 50. B I S P I N G ' S conduct was outrageous because it goes beyond all possible bounds
10 of decency. BISPING'S conduct was outrageous because a reasonable person would regard the
18 53. B I S P I N G knew that emotional distress would probably result from BISPING'S
19 conduct or BISPING gave little or no thought to the probable effects of his conduct.
21 fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame.
23 emotional distress.
25 PLAINTIFF to suffer harm and economic damages, for the cost of medical, psychological and/or
26 psychiatric treatment, and PLAINTIFF is informed and believes that he may incur damages in the
27 future for the cost of future care, in amounts according to proof at trial.
28 57. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of
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COMPLAINT FOR DAMAGES
1 them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award
of punitive damages against DEFENDANTS, and each of them, according to proof at trial.
4 subject matter jurisdictional amount of this Court, and will be demonstrated according to proof.
16 ("EMPLOYERS") are responsible for the harm because BISPING was acting as his employee
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18 63. B I S P I N G was acting within the scope of his employment because working out at
19 a fitness gym is reasonably related to the kinds of tasks that BISPING was employed to perform
20 for his EMPLOYERS. Further, working out at a fitness gym is reasonably foreseeable in light of
21 the EMPLOYERS' business or BISPING'S job responsibilities as a MMA professional fighter,
22 especially considering BISPING has a championship fight that he is training for on November 4,
23 2017.
24 64. T h e acts and/or omissions o f DEFENDANTS, and each o f them, caused
25 PLAINTIFF to suffer harm and economic damages, for the cost of medical, psychological and/or
26 psychiatric treatment, and PLAINTIFF is informed and believes that he may incur damages in the
27 future for the cost of future care, in amounts according to proof at trial.
28 65. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of
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COMPLAINT FOR DAMAGES
them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award
of punitive damages against DEFENDANTS, and each of them, according to proof at trial.
subject matter jurisdictional amount of this Court, and will be demonstrated according to proof
responsible for that harm because EMPLOYERS negligently hired, supervised, and/or retained
BISPING.
70. B I S P I N G became unfit or incompetent to perform the work for which he was
tendency to engage in violent physical activity and cannot control his tendency to engage in
71. E M P L O Y E R knew or should have known that BISPING was or became unfit or
incompetent to execute his job duties and that this unfitness or incompetence as an MMA fighter
hiring, supervising and/or retaining BISPING was a substantial factor in causing PLAINTIFF'S
harm.
PLAINTIFF to suffer harm and economic damages, for the cost of medical, psychological and/or
psychiatric treatment, and PLAINTIFF is informed and believes that he may incur damages in the
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COMPLAINT FOR DAMAGES
1 future for the cost of future care, in amounts according to proof at trial.
2 74. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of
3 them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award
4 of punitive damages against DEFENDANTS, and each of them, according to proof at trial.
6 subject matter jurisdictional amount of this Court, and will be demonstrated according to proof
13 77. P L A I N T I F F was also harmed because o f the way 24 HOUR managed its
14 property.
15 78. 2 4 HOUR owns, leases, occupies or controls the property located at 300 S
17 79. 2 4 HOUR was negligent in the use or maintenance of the property because 24
18 HOUR owed a duty to exercise reasonable care to PLAINTIFF, a business invitee and failed to
19 use reasonable care to keep the property in a reasonably safe condition. Further, 24 HOUR failed
20 to use reasonable care to discover any unsafe conditions and to give adequate warning of anything
21 that could be reasonably expected to harm others. Specifically, 24 HOUR knew or should have
22 known that BISPING was a dangerous, violent physical patron of 24 HOUR fitness that comes to
23 the property on a regular basis to train and workout at the fitness gym. BISPING can cause
24 serious physical injury and/or death with just his hands and feet. 2 4 HOUR could prevent or
25 protect the risk of serious physical injury or death with the use of additional security features,
28 involving physical violence as a MMA championship fighter and BISPING'S frequent visits to
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COMPLAINT FOR DAMAGES
1 the 24 Hour fitness gym located in Anaheim, CA since he moved to Anaheim less than ten (10)
2 years ago.
3 81. P L A I N T I F F suffered injuries to his throat and neck and as a result was harmed.
6 and economic damages for the cost of medical, psychological and/or psychiatric treatment, and
7 PLAINTIFF is informed and believes that he may incur damages in the future for the cost of
9 84. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of
10 them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award
11 of punitive damages against DEFENDANTS, and each of them, according to proof at trial.
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20 and deter others from engaging in similar misconduct on appropriate legal causes of action;
21 4. F o r prejudgment interest;
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COMPLAINT FOR DAMAGES
6. F o r such other relief as the Court deems just and proper.
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DATED: October 2 . 3 2 0 1 7 LAW OFFICES 04 A L E L
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By:
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Attorney r P L T I F F, A N T O N I O
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COMPLAINT FOR DAMAGES
DEMAND FOR JURY TRIAL
By:
Ga . Gabri
Attorney for P L A I N T I F F, ANTONIO
GEORGAKOPOULOS
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COMPLAINT FOR DAMAGES