complaint filed against cosby

8/16/2019 Complaint filed against Cosby

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KEVINJ. KENSIK,ESQ.

LAW

OFFICES OF KEVIN

J.

KENSIK

6 )9

Deep

Valley

Drive

Suite

31 1

Rolling

Hills

Estates,

California

90274

310) 891-2300

State

Bar Number:

206585

SPENCER

T.

KEVIN,ESQ.

LAW OFFICES

OF CRAIG

GOLDENFARB, P.A.

1800

S.

Australian

Avenue

Suite

400

West

Palm

Beach,

Florida,

33409

561 ) 697-444 )

Florida

State

Bar Number:

89737

Pro Hac

Vice

Application

Pending

Attorneys for Plaintiff

Chloe

Goins,

An Individual

SUPERIOR

COURT OF CALIFORNIA,COUNTY

OF

LOS ANGELES

CENTRAL DISTRICT

-

UNLIMITED

JURISDICTION

CASE NO.:

COMPLAINTFOR:

CHLOE

GOINS,

an

individual,

)

)

1.

SEXUAL

BATTERY;

)

)

2. GENDER

VIOLENCE;

Plaintiff,

)

3.

INTENTIONAL

INFLICTION

)

OF

EMOTIONAL

DISTRESS;

and

)

)

4. NEGLIGENT

INFLICTION

WILLIAM

HENRY COSI3Y,

JR.

aka

)

OF

EMOTIONAL

DISTRESS;

BILL

COSI3Y,

an

individual,

)

HUGH

MARSTON

HEFNER, an

individual,) 5.

CONSPIRACY TO

COMMIT

Does

1-5 )

)

SEXUAL

BATTERY;

DEMANDFOR

JURY TRIAL

Plaintiff

CHLOEGOINS, alleges

as follows:

SUMMARY OF

ACTION

l

Plaintiff Chloe

Goins,

(hereinafter CHI OE

or

GUNS ) an

individual, brings

this action

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Complaint


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against William

Henry

Cosby, JR, (hereinafter

BILL or

COSBY ) an

individual, and

Hugh

Marston

Hefner,

(hereinafter HUGH

or

HEFNER )

2)

In

200,

Plaintiff

GOINS and a fr iend were

invi ted

to

the

home of

HEFNER, better

known

as The Playboy M ans i on

(Hereinafter

Playboy

M ans i on , M a ns i on

or

residence ) for a

party

or

event.

Plaintiff

is unsure

of the

exact date

of

the visit

to the

residence, but it

did

occur

in 2008.

Plaintiff traveled with

the

fr iend

f rom

San

Diego

County

to

Los

Angeles

County fo r

the event

and

checked

i n to

a hotel;

3 )

After

checking

into

the hotel,

GOINS and

the fr iend

traveled

to the

Playboy

Mansion

because

the

fr iend

had been invi ted,

and

GOINS

was with the

fr iend

as

her

plus

o ne guest.

4)

Up on arriving to

the

Playboy

Mansion,

GOINS

and her

f r iend were

in troduced to

HEFNER, who

presumably owned

the residence and

who

was the

host

of

the

party or event;

5 )

Upon m eet ing HEFNER, GOINS was in troduced

to

Defendant COSBY by HEFNER.

COSBY asked GOINS

and her fr iend if

they

wanted a

drink.

GOINS

and

her f r iend

agreed

to

accept drinks,

and

COSI3Y went to get

them

the

dr inks;

6 ) COSBY returned

to

the gir ls with drinks

and gave

the girls the dr inks. GOINS

drank

a

port ion

of the

drink and

began

to

feel ill.

GOINS was

also

told

by

other

party

-goers that

she

did not.

look

well. Both

HEFNER and COSBY

saw that

GOINS

was woozy, and

HEFNER

suggested

GOINS

go

and

lie

d o w n

in a

bedroom

at

the residence.

GOINS

is

in fo rmed

and

believes that

Defendant

COSI3Y

put

some

type

of

drug or narcotic in the

drink. (hereinafter

also

foreign substance );

7 )

COSBY

escorted GOINS

to a

private room. From

that

point,

GOJNS

blacked -out,

and lost

consciousness a nd

does not have

any

recollection cif what happened;

8 ) GOINS

awakened some

t ime later, but is

unsure

ho w long she was

unconscious.

She

awoke from feel ing

a

sharp pain in

one

of

her

toes. W hen

she

awoke, she looked at

her

toes

and

witnessed Defendant COSBY with one

her toes

in

his mouth.

GOJNS

also

noticed

she

was

naked

and that she felt

a

wet

and

sticky

substance

on

her

breasts

as

though

a person ha d

been

licking

them;

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Complaint


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9) As

GOINS

witnessed

COSBY removing

her toes

from his

mouth, she

also saw him stand

up

and pull

up his

pants which were previously

removed. COSBY

then left

the

room. Plaintiff

was

scared,

afraid, embarrassed a nd

repulsed

at what had just

occurred.

She immediately

gathered her

clothes from the floor,dressed and left

the

residence;

10) Plaintiff was shocked, hurt, and psychological ly

impacted

and damaged

as a

result of

this

traumatic incident

a t

such a

young

age

and

this

psychological torment.

has

caused

her

serious

and

life-long

harm

and injury.

Plaintiff at

no

t ime

gave any

such consent

for COSBY

to

touch, lick

or

molest. her,

and

Plaintiff

was

in

fact unable to give

such

consent because she was

unconscious;

11)

Plaintiff

recalls

this chain of events from

the

t ime she arrived at

the

Playboy Man sion

as

the

incident

herein.

GOINS

told

her

party

-going fr iend

about

the

incident.

The friend

dissuaded

GOINS from

telling

anyone

about

the

incident,

reasoning

that if

GOINS

told the

police or

anyone else,

that

they

would never

be

invited

to

large celebrity filled parties such as

1ITTNER's

again.

The

fr iend

basically to ld

GOINS

to

simply

dea l-with-it

and

put it

out of

her mind;

12)

COINS was

hurt b y the

malicious and unwanted

touching

and

molesting

b y

COSBY.

She

was young

and

heeded

the

advice of

the

friend to dea l with it by not

going

to

the

police.

However ,

the passage

of

t ime

has

only

caused

more

damage

to

Plaintiff. Plaintiff

only

came

forward

after

receiving

news of

the nearly 40-60 women

claiming Defendant

COSBY had a

propensity

since the

1960's

of drugging young women

and

taking

advantage

of them

sexually

whi le

the

victims

were under

the influence

of alcohol or drugs;

13) GOINS has a

birth

date of May 17,1990. The acts,

events

and

incident. describer herein

took

place in 2008,

but GOINS

is

unsure

of the

specific event,

party

or

date.

GOINS is

i n formed

and

believes from various

media

outlets

and stories that similar events and

parties

occur

often

throughout the

year

at the Playboy

Mansion;

//

//

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Complaint


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JURISDICTION

AND VENUE

14)

The acts, occurrences,

omissions and

commiss ions hereinafter set

for th, took place

within

the

County

of

Los Angeles

and

State of

California

and

thus

within the

jurisdiction of this

Court.

Plaintiff COINS

was

a

resident

of

San

Diego County

and a resident of the

State o f

Cal i fornia

when

the

acts occurred;

15)

Defendant

C OS BY

is

an

individual

who

was

residing in

or

visiting the

County of Lo s

Angeles when the

acts

occurred.

Defendant C OS BY

may now

he a resident of

the

State of

Cali fornia or another

state;

16) Plaintiff is i n formed and believes Defendant

HEFNER

is

a resident of

the

County of Lo s

Angeles and the State

of

Cal i fornia when the acts

occurred.

17)

The

sum

total

of

all

the

claims

meets

and

exceeds the

jur isdict ional

limits

of

the above

capt ioned court .

COUNT ONE

-

(By Plaintiff for S exua l

Battery

agains t

Defendan t

William

Henry

Cosby.)

18)

Plaintiff

incorporates

by reference

as fully set

forth,

Paragraphs

through

17 o f

this

complaint;

19)

The

acts

of

Defendant

C OS BY

were

intent ional

and

per fo rmed

to cause an

offensive

and

unwanted

touching and co ntact of an

in t imate

and

sexual

nature against Plaintiff;

20)

Additionally,

Defendant COSBY's acts of

provid ing

alcohol and

o r a

foreign

substance

(for

purposes of this complaint the term

foreign substances shall

refer

to

any

alcohol , fluid,

drug o r other substance which is adm inistered unknowingly

and

unwanted) to

Plaintiff

were

malic ious, fraudulent,

decei t ful

and

oppressive and performed

to

prevent Plaintiffs consent;

21) Because of

Defendant

Cosby's status as

a

celebri ty and posit ion ofauthori ty as an

adult

or

by

his

greater age, and

because

of Defendant's act ofproviding

alcohol

and

or a

foreign

substance

to

Plaintiff

(possibly at

the

age of

minority), and

because of

Plaintiffs

resul t ing

unconsciousness,

Plaintiff

was

unable to

and

did

not

give

meaningful

consent

to

th e

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Complaint


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aforementioned

acts

of

Defendant

COSBY;

22 )

As a direct

legal

and proximate

result of the

acts

of

Defendant COSBY,

Plaintiff ha s

sustained

serious

and permanent

injuries to

her person,

all

to her

damage

in an amount

to

be

shown according

to

proof, and in an amount

no less than the

jurisdictional limits of this

Court;

23 ) As a direct legal

and proximate result

of

the

acts of

Defendant

COSBY,

Plaintiff

was

compelled to

employ

the assistance ofmedical

and

or

mental health

professionals,

facili t ies an d

services, and

Plaintiff is informed

and

believes that she

will need

cont inuing

treatment

in the

future

for

an

indef in i te

period and will ncur

addit ional damages to

be

shown ac cording

to proof.

Additionally,

Plaintiff

is

informed and believes as a result

of

the acts

of

the Defendant COSBY,

Plaintiff s career, employment,

reputation and

future prospects have caused

her additional

damages to be

shown according

to proof;

24) Plaintiff is

in formed and believes

that

the

acts

by

Defendant

COSBY

against

Plaintiff

were carried out with a

malic ious and

conscious disregard towards

Plaintiff,

and

as

such

constitute

oppression, fraud

or

malice pursuant

to

California Civil Code Section

3294, entitling

Plaintiff in an

appropriate

amount to

punish and set

an

example ofDefendant

COSBY;

25 ) Plaintiff

will

provide

the

necessary certif icates of merit pursuant to the

code

and her claim

forthwith;

COUNT

TWO -

By

Plaintiff

for

Gender Violence against Defendant

WilliamHenry

Cosby.)

26 ) Plaintiff

incorporates

by reference

as

fully set forth, Paragraphs 1

through

2 5 of this

complaint ;

27) Plaintiff has standing under Civil Code Section

52.4.

Although all

persons

are

protected

under the code, the legislature

has found

that gender vio lence

disproportionately harms women,

such

as

Plaintiff;

28 ) The acts of Defendant

COSBY were

forceful,

intent ional

and criminal by

use of

physical

force and performed

to cause

a

physical int rusion or invasion of a sexual nature under

coerc ive

condit ions;

5

Complaint


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29) Additionally, Defendant.

COSBY s acts of

providing alcohol and or

a

foreign substance

to

Plaintiff were coercive,

malicious, f raudulent ,

deceit ful

and

oppressive and

performed to

prevent Plaintilrs consent;

30) Because

of

Defendant. Cosby s status as

a

celebri ty and position of

authority as

an adult or

by his greater age, and

because of

Defenda nt s act of providing alcohol and

or

a

foreign

substance

to

Plaintiff (possibly

at

the

age

of

minority ,

and

because

of Plaintiffs

resulting

unconsciousness, Plaintiff

was

unable to

and

did not

give mean ingful

consent to the

aforementioned acts of Defendant

COSBY;

31)

As a

direct

legal

and

proxima te result

of

the

acts of

Defendant COSBY, Plaintiff

ha s

sustained serious and permanent

injuries to

her

person, all to her damage in

an

aMOUnt to

be

shown ac cording

to

proof, and

in

an amount no

less

than

the

jurisdictional

limits

of

this

Court;

32)

Plaintiff

is

in formed and b elieves

that the

acts by Defendant

COSBY

against Plaintiff

were

carried out

with a

malicious

and

conscious disregard towards Plaintiff, and as such

constitute

oppression,

fraud

or

malice

pursuant

to

California

Civil

Code

Sect ion 3 29 4,

entitling

Plaintiff in

an appropriate

amount

to punish

and

set

an

example of Defendant

COSBY;

COUNT THREE

-

(By

Plaintiff for

Intentional Infliction

of

Emotional Distress

against

De f e n d a n t William 1-lenry Cosby.),

3 3 )

Plaintiff

incorporates

b y

reference

as

fully

set

forth,

Paragraphs] through

3 1

of

this

complaint ;

34)

Defendant COSBY s acts

of

providing

alcohol

and

or a foreign substance or drug and

also

touching

and

molesting Plaintiff

were disgusting, despicable. Defendant not only

touched

and

molested Plaintiff bu t

removed

her

and

his clothing without Plaintifrs consent

and

whi le know n

to

him she was unconscious

and

incapable

of

consent ing

to such

outrageous

conduct .

This conduct was so extreme it is beyond all bounds

of

decency tolerated by society;

35) Defendant COSBY

knew

or should

have known Plaintiff

was

vulnerable because

of

he r

young age, and

tlic

fact

that she was

forcibly

incapaci tated

by

Defenda nt s

act

of

providing th e

alcohol or

substance causing

Plaintiffs

unconsciousness. Defendant

COSBY abused his

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Complaint


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position as a

celebrity

and

his

greater

age and

wisdom

over Plaintiff and

intentionally or

recklessly

knew

or should of

known

these

acts

were

outrageous

and

would

cause

severe

harm to

Plaintiff;

36)

Because of

the

result of

Defendant s

knowing

and

intentional

outrageous a cts

against

Plaintiff,Plaintiff

has

suffered

severe

stress,

endur ing

emotional

harm

and loss

of

income;

37)

Defenda nt s actions were

reprehensible

and

were done in

a ma licious, deceitful,

fraudulent and

oppressive manner

pursuant

to

Cali fornia

Civil

Code

Section 329 4,

entitling

Plaintiff

in

a n

appropriate amount to

punish and set a n

example of Defendant

COSBY;

COUNT

FOUR - By

Plaintiff

for Negligent

Infliction of

Emotional

Distress aga inst Defendants

William

Henry

Cosby a nd

Hugh Marston

Hefner.)

38) Plaintiff

incorporates

by

reference

as

fully

set

forth, Paragraphs

hrough

36

of

this

complaint;

39)

Defendants HEFNER

and

COSBY

and

both of them

had a duty

to Plaintiff

by inviting

her

to

their

home

to make sure

that

no foreseeable harm would come

to

her a t this

event

or from

conditions a t

the

residence;

40) Furthermore,

Defendant COSBY had

a legal

duty

to

not engage in sex

or molest a

minor

or

to

ha ve non-consensual

sex

or

molestation

with

an

adult .

Defendant

HEFNER

had

a

duty to

not

provide a lcohol or substances to minors or

adults under

age 21;

41)

Defendant

HEFNER s actions

of

inviting and

hosting young

and

impressionable

and

possibly

minor

children to his

residence, and

providing

alcoholic

beverages a nd

or foreign

substances

was

negligent at the

very least. Additionally, his

act of

inviting

or housing and

introducing

Defendant COSBY,

the

Defendant

HEFNER

knew

or should

have

known

had

a

history of severe

and

serial

sexual battery

and or

possibly rape

of women

was negligent

at

the

very least, and Defendant H EFNER knew

or

should have

known

such actions

would

lead to

harm

of his

invitees

and

Plaintiff;

42)

Defendant

COSBY s acts of

providing

alcohol

and or

a foreign

substance

or drug and

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Complaint


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also

touching

and

molest ing

Plaintiff

were disgusting,

despicable.

Addit ional ly, Defendant.

COSBY knew or

should have

known such

conduct

was

likely to harm

Plaintiff;

43) As a

direct and proximate result of

Defendant

HEFNER inviting, introducing

Plaintiff to

Defendant COSBY, pro v id ing

a

private bedroom for Plaintiff to be

harmed

and providing

alcohol

and substances

to Plaintiff

under

the

age

of 21 years, Defendant HEFNER

caused harm

to Plaintiff;

44) As a direct and pro ximate result

of

Defendant COSBY

proving

alcohol

and

or a foreign

substance

to

Plaintiff and

subsequently

touching

and

molest ing Plaintiff without her consent,

Defendant COSBY caused

harm to

Plaintiff;

45)

Defendants

HEFNER and

COSI3Y

knew

or

should

have known

Plaintiff

was

vulnerable

because

of her

young age,

and

the

fact that

their

negligence was likely

to

cause serve and

enduring harm to her;

46)

Because of the result

ofDefenda nt s

knowing and

intentional

outrageous acts against

Plaintiff,

Plaintiff has

suffered

severe stress,

enduring

emotional

harm and loss of income; ail to

her

damage in an

amount

to

be

show n according

to

proof ,

and

in an amount no less than the

jurisdictional limits of this Court;

COUNT

FIVE-

(By

Plaintiff for

Conspi racy

to

commit

Sexual

Battery

and

Gender Violence against D efendants

William

Henry Cosby

and

HughMarston Hefner.

47) Plaintiff

incorporates

by

reference as fully

set

forth,Paragraphs

1through 46 of this

complaint;

48)

In 2008

Defendants

HEFNER

and

COSBY

and both

knowingly and

willfully agreed

and

conspired to

host part ies, invite minors

or young adults under

the

age of 2 1

years, prov ide

them

with

alcohol and o r foreign substances.

Additionally, Defendant.

HEFNER knew o r should

have known that

Defendant

COSI3Y

over the years had a propensity for

intoxicating

and

or

drugging

young

women and taking

advantage

of

them sexually

and

against

their

will

o r

whi le

they were

unconscious;

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Similarly Defendant

COSBY is

currently

being sued

or

has

had

claims

made

against

him

for

hosting parties

and

or

drugging young

ladies

in

the 1970 s such

as

Charlotte Fox,

Judith

Huth,

and

Marcel la

Tate

at the

Playboy

Mansion.

Accordingly,

Defendant

HEFNER w as

familiar

with

Defendant

COSBY s habi t and act

of ntoxicating

young women and

spending

th e

night with

them

whi le at

his

residence;

49)

Defendants and each

of

them

did acts

and

things

herein

alleged,

in

furtherance

of

th e

agreement,

whether explicit

or

implicit and

the

conspiracy. When

Plaintiff

and her

fr ien d first

arrived at

the

Playboy

Mansion,

Defendant

HEFNER introduced t hem

to Defendant

COSBY

and

COSBY suggested that they

have

alcoholic drinks.

COSBY then retr ieved, made

or

h ad

the

drinks

prepared

in

anticipation

and preparation or the

sexual battery or

molestation.

Defendant

HEFNER

then suggested

Plaintiff

use a

bedroom

wh ich w ou ld al low

Defendant

COSBY to secret

away Plaintiff and

molest

her;

50)

Defendant HEFNER, by

inviting

young,

underage ladies to

his

home, providing

them

with alcohol , introducing them

Defendant COSBY and

allowing

Defendant

COSBY to

remove

Plaintiff in a semi

-conscious state to a bedroom,

encouraged, aided,

rati f ied and adopted

the

acts

of

Defendant

COSBY;

51)

As a

direct legal

and

proximate

result of

the

acts ofDefendant COSBY,

Plaintiff has

sustained serious

and permanent

injuries to

her

person,

all

to

her

damage in an

amount

to be

shown according to

proof, and

in

an amount no less than th e

jurisdictional limits of this Court;

52) Plaintiff is informed

and

believes

that th e acts by Defendant COSBY against Plaintiff

were

carried

out with a malicious

and conscious disregard towards Plaintiff

and

as

such

constitute

oppression,

fraud

or malice

pursuant

to

California

Civil

Code

Section

3294,

entitling

Plaintiff

in

an appropriate

amount to

punish and

set

an

example

of Defendant

COSBY.

ALLEGATIONOF

DAMAGES

53)

Defendants

failure to perform their

obligations

and or their

intentional and

reckless acts

have directly damaged

Plaintiff in

the

amount no less

than the

jurisdictional limits

of

the

Court

and

to

be shown by proof;

9

omplaint


10/11

2

3

4

5

6

7

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9

10

11

12

13

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24

25

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28

54)

Defendants

acts and both

of

them

has

caused

Plaintiff

sustained

serious and

permanent

injuries to

her person.

These acts were

carried

out

with

a

malicious

and

conscious

disregard

towards

Plaintiff and as

such

constitute

oppression,

f raud

or malice,

entitling

her to

punitive

damages to be shown

by

proof;

PRAYER

FOR

RELIEF-

ALL

COUNTS

55)

WHEREFORE,

Plaintiff

prays for

judgment

against Defendants

and each of

them,

as

more

fully

set forth below;

56) (Damages

for

Actual

Loss)

That

this

Court

award damages for

actual loss against

Defendants

in favor of

Plaintiff

in

an amount

according to proof

at

trial,but not less than

the

jurisdictional

amount

of

the

Court;

57)

Punitive

Damages) That

this Court aw ard

punitive

damages

against defendant

in

favor

ofplaintiff in

the sum of

unspecified

amounts

by

reason

of

Defendants oppression,

fraud or

mal ice

to

be

proved at

t ime

of trial

(Counts 1,2,3

and

5

only);

58) For

interest,

if

any,

be awarded to

Plaintiff;

59)

That costs of this

action be awarded to

Plaintiff;

60)

That

this

Court

grant

such

other and

further

relief

as

it

shall deem just.

Dated:

By:

//

//

//

//

10

Kevin J. Kensik, Esq.

Law

Office ofKevin

J.

Kensik

609 Deep Valley Drive

Suite

31()

RollingHills

Estates,

CA. 90274

SI3N 206585

310-891-2300

Local Counsel for Plaintiff

Chloe

Goins

Complaint


11/11

Dated:

9

10

11

12

13

14

15

16

17

18

19

20

21

2

23

24

25

26

2

7

By:

11

Sp,

nce

.

Kuvin, Esq.

L a w

Ofc.

of

Craig Goldenfarb, P A .

1800

S.

Austral ian Ave.

Suite 400

West

Palm

Beach,

CA. 33409

FIa.

SBN.

897 37

(561) 697-4440

Attorney

for

Plaintiff

Chloe Goins

Pro flac

Vice

Appl.

Pend ing

Complaint

complaint filed against cosby

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