1
4
Alec B. Wisner (SBN 63221)
H. Scott Leviant (SBN 200834)
STANBURY & FISHELMAN , INC.
9200 Sunset Boulevard, Penthouse 30
Los Angeles, CA 90069-3601
Tel: (310) 278-1800
Fax: (310) 278-1802
5
Attorneys for Plaintiff, LINDA DALZIEL
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES
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LINDA DALZIEL,
Plaintiff,
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Case No.: EC 026 281
Hon. Carl J. West
vs.
FIRST AMENDED COMPLAINT
BARBARA PARKENING, DOE
Defendants 1-50, inclusive,
1.
2.
3.
Defendants.
4.
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5.
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6.
7.
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STRICT LIABILITY
RESPONDEAT SUPERIOR
LANDOWNER/PREMISES
LIABILITY
NEGLIGENCE/
NEGLIGENCE PER SE
NEGLIGENT INFLICTION OF
EMOTIONAL DISTRESS
CIVIL RIGHTS VIOLATIONS
INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
DEMAND FOR JURY TRIAL
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Plaintiff, LINDA DALZIEL, complains of Defendants and alleges as follows:
INTRODUCTORY ALLEGATIONS
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“There is no rampart that will hold out against malice.” – Tartuffe [1664], act I,
sc. i, Molière [Jean Baptiste Poquelin]
1. Lemurs are members of the Order of Primates, which Order includes two
distinct Suborders. The Anthropoid Suborder includes the more advanced primates,
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
1
First Amended Complaint
1
such as monkeys, apes, gorillas and man. The Prosimian Suborder, of which lemurs
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are members, encompasses primates reminiscent of the primitive ancestors of modern
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primates. Lemurs are indigenous exclusively to the island of Madagascar (with the
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city of Burbank being one possible exception). Lemurs are predominantly arboreal in
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nature, leaping amongst tree branches with great facility.
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2. One unusual feature common to most lemurs, found on the second digit of
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their hind feet, is an enlarged “toilet claw” used for grooming. This claw is long and
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hook-shaped, designed to comb through thick fur; however, this same claw can be
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utilized as a weapon to slash flesh when used in conjunction with a lemur’s
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extraordinary leaping ability.
3. Two of the most common causes of death in young lemurs are falls from
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high tree branches and savage attacks by other lemurs. Young lemurs are so
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instinctually driven to leap as a mode of travel that they often attempt such jumps
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between tree branches before they are sufficiently matured to accomplish these leaps
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with the requisite dexterity. The primitive and violent instincts of the prosimian
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lemur are exemplified by the behavior of adult lemurs that encounter undefended
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youngsters; they will often rip them apart in a display of feral territorialism.
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4. In the instant matter, Plaintiff, LINDA DALZIEL, was the victim of the
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primitive, wild instincts of a dangerously violent lemur. Lawfully present, as an
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invitee, in the residence of Defendant, BARBARA PARKENING, Plaintiff was
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attacked by Defendant’s lemur, a member of Defendant’s menagerie of illegally
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owned wild animals. The lemur ripped open Plaintiff’s face to the bone, once in the
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cheek and once in the soft tissue between her eyebrow and eye, by leaping at Plaintiff
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and using the force of its impact to gouge deeply into her flesh with its hooked “toilet
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claw.” Plaintiff, a professional singer who had toured with such notables as Al
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Jarreau, Boz Skaggs and Tears for Fears, suffered more than the shock and pain of
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having her face torn open by a wild animal; she suffered the agonizing realization
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that, in an industry driven as much by appearance as by ability, her singing career
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
2
First Amended Complaint
1
2
was as mangled as her bleeding face.
5. Defendant, BARBARA PARKENING, suffered no such agonies. In fact, her
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every action before and after the attack on Plaintiff has demonstrated, through her
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inexcusable conduct, a complete disdain for the safety and well-being of humans and
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a complete indifference to the injuries that her illegally maintained “pets” have
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inflicted upon others. The attack on Plaintiff was not the first time that Defendant’s
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lemur had injured a person. At least one other person had been attacked prior to
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Plaintiff, but Defendant, BARBARA PARKENING, did nothing to prevent the
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recurrence that injured Plaintiff; her wild animal menagerie was more precious to her
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than was the safety of other humans. After Plaintiff was attacked, Defendant
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continued her demonstrably callous disregard for the safety of others by persisting in
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her unlawful behavior. Defendant even engaged in such outrageous conduct as
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attempting to intimidate Plaintiff from pursuing her legal rights through a series of
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threatening and harassing telephone calls from Defendant and her agents.
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Subsequent to the attack upon Plaintiff, Defendant’s lemur has attacked other
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humans and, still, Defendant continues her malicious refusal to take corrective action.
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Even after the filing of this lawsuit, Defendant’s residence is still a de facto illegal
18
zoo; exemplary damages are the only means by which Defendant’s improper and
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illegal behavior will be appropriately modified.
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PARTIES
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6. Plaintiff, LINDA DALZIEL (hereinafter “Plaintiff DALZIEL”) is an
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individual and, at all times mentioned in this Complaint, has been a resident of the
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County of Los Angeles, State of California.
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7. Defendant, BARBARA PARKENING (hereinafter “Defendant
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PARKENING”) is an individual and, at all material times herein, has been a resident
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of the State of California.
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8. Plaintiff is unaware of the true names, identities and capacities of
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
3
First Amended Complaint
1
Defendants sued herein as DOE Defendants 1-50, and Plaintiff will amend this
2
Complaint to allege their true names and capacities when ascertained. Plaintiff is
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informed and believes, and based thereupon alleges, that each of the individuals
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and/or entities sued herein as a DOE Defendant is legally responsible in some
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manner for the events and happenings set forth herein, and has legally caused
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injuries and damages to Plaintiff as set forth below.
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9. Plaintiff is informed and believes, and based thereupon alleges, that each of
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the Defendants, including DOE Defendants 1-50 was the agent, ostensible agent,
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servant, representative, associate, borrowed servant, employee and/or joint venturer
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of each other Defendant, and at all relevant times was acting in the course and scope
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of such agency, service, employment and/or joint venture, and with the consent,
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permission and/or ratification of the co-defendants, and each of them. Upon further
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information and belief, each and every Defendant as aforesaid, when acting as a
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principal, was negligent in the selection, hiring and supervision of each and every
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Defendant as an agent, servant, employee and/or joint venturer.
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10. At all times set forth herein, the acts and omissions of each Defendant
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caused, led and/or contributed to the various acts and omissions of each and all of
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the other Defendants, legally causing Plaintiff’s injuries and damages as set forth
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below.
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GENERAL ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
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11. At all times set forth herein, Defendant PARKENING owned, maintained,
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controlled, supervised, managed and entrusted an apartment located at 1002
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Riverside Drive, #32, Burbank, California (hereinafter “the Apartment”).
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12. Fish and Game Code section 2118 provides, in pertinent part:
It is unlawful to import, transport, possess, or release alive into
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this state, except under a revocable, nontransferable permit as provided
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in this chapter and the regulations pertaining thereto, any wild animal
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
4
First Amended Complaint
1
of the following species:
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...
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(b) Class Mammalia (mammals)
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Order Primates
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All species except those in family Homonidae
...
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Order Rodentia (rodents)
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All species, except domesticated golden hamsters, also
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known as Syrian hamster, Mesocricetus auratus;
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domesticated races of rats or mice (white or albino; trained,
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dancing or spinning, laboratory-reared); and domestic
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strains of guinea pigs (Cavia porcellus).
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Order Carnivora (carnivores)
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All species, except domestic dogs (Canis familiaris)
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and domestic cats (Felis catus).
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13. Burbank Municipal Code section 6-302, subdivision (a) provides:
No person shall keep any nondomestic animal not listed in
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Section 6-301 without first obtaining a permit from the Animal Shelter
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Superintendent so to do.
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Lemurs are not included in the list of animals set forth in Burbank Municipal Code
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section 6-301.
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14. Burbank Municipal Code section 6-302, subdivision (f) provides:
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It is hereby declared a nuisance for any person to keep any such
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animal without complying with this section, or to allow such animal to
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escape and injure or damage any person or property. In addition to any
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other remedy in this Code, penal or otherwise, the City Attorney may
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institute an action to summarily abate such nuisance, and if a permit has
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been issued it may be summarily revoked by the Animal Shelter
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
5
First Amended Complaint
1
Superintendent.
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15. Burbank Municipal Code section 6-303, subdivision (a) provides:
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No person shall keep any animal, wild or domestic, other than
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horses, dogs, cats, pigs, fish, white mice, rats, turtles, canaries or birds of
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the parrot or psittacine family within thirty-five (35) feet of any
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inhabited structure.
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16. Burbank Municipal Code section 6-1002 provides:
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No person keeping a dog or other animal known by him to be
vicious or dangerous shall allow the same to run at large or to run loose
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on or within the premises of such person, in such a manner as to
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endanger the life or limb of any person lawfully entering such premises.
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17. Burbank Municipal Code section 6-1101 provides:
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No animal shall be allowed to cause or to constitute a hazard or
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menace to the health, peace or safety of the community.
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18. At all times set forth herein, Defendant PARKENING housed wild animals
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in her Apartment without obtaining the necessary permits or licenses required by
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law. The wild animals included a lemur, which is a primate of the primitive
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Prosimian suborder, a serval, which is a large spotted jungle cat, approximately three
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feet in length and two feet high at the shoulder, found in most parts of non-arid
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Africa, and a flying squirrel. A true and accurate copy of a picture of a lemur is
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attached hereto as Exhibit “A,” and incorporated herein by this reference. A true and
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accurate copy of a picture of a serval is attached hereto as Exhibit “B,” and
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incorporated herein by this reference.
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19. Other individuals, known to Defendant PARKENING, resided in, and/or
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were given open access to, her Apartment. These individuals included, but were not
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limited to: Aubrey Larker, Angela Langtree, Randall Johnson, and Defendant
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PARKENING’s nephew, Vic, whose last name is presently unknown to Plaintiff.
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Defendant PARKENING was aware of the habitual presence of these individuals in
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
6
First Amended Complaint
1
her Apartment. Defendant PARKENING was further aware that these individuals
2
brought guests with them to her Apartment. Despite her awareness of substantial
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guest traffic in her Apartment and despite her awareness of the unusual risks posed
4
by her wild animals housed therein, Defendant PARKENING made no effort
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whatsoever to limit such access to her Apartment.
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20. For some time prior to January 7, 1998, Lisa Bradley (hereinafter “Bradley”),
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a former Olympic equestrian gold medal winner, was employed by Defendant
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PARKENING to care for certain animals, including but not limited to a lemur, a
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serval and a flying squirrel, all of which were housed in the Apartment and owned
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by Defendant PARKENING. During all relevant times herein, Defendant
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PARKENING was on vacation and had entrusted access to the Apartment to Bradley
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to perform duties related to her employment. Defendant PARKENING would leave
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detailed instructions behind in her residence, specifying feeding times, feed amounts
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and other care directives for her employee, Lisa Bradley, but at no time did those
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instructions include prohibitions against inviting guests to accompany Lisa Bradley
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while she engaged in her animal care duties. In fact, the written care instructions left
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by Defendant PARKENING for Lisa Bradley were utterly lacking in safety directives
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of any sort.
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21. Defendant PARKENING’s possession, in her Apartment, of wild animals
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known to have vicious propensities constituting a hazard, was in violation of, inter
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alia, Fish and Game Code section 2118, and the Burbank Municipal Code, sections 6 -
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302, 6-303, 6-1002 and 6-1101.
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22. Approximately two weeks prior to January 9, 1998, Defendant’s lemur
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attacked Aubrey Larker. Plaintiff is informed and believes, and thereupon alleges,
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that Aubrey Larker required stitches to close the wound inflicted by Defendant’s
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unlawfully housed lemur. Defendant was aware of the attack upon Aubrey Larker
27
prior to January 9, 1998, but callously refused to take action to safeguard others
28
entering her Apartment. Defendant also failed to issue any sort of warning to her
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
7
First Amended Complaint
1
employees charged with caring for her wild animals. Defendant PARKENING,
2
through such conduct, expressed an utter disregard for the safety of others by
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willfully, maliciously and recklessly failing to even attempt to reduce the risks posed
4
by her illegally owned wild animals that she kept in her highly trafficked residence.
5
23. On or about January 9, 1998, Plaintiff DALZIEL accompanied Lisa Bradley
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to the Apartment of Defendant PARKENING. Plaintiff DALZIEL, at that time, had
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no knowledge of the previous attack by the lemur on Aubrey Larker. Angela
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Langtree arrived at the Apartment in close temporal proximity to the arrival of
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Plaintiff DALZIEL and Lisa Bradley. All three women then entered the Apartment.
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24. At that time and place, while Plaintiff DALZIEL was quietly waiting for her
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friend, Lisa Bradley, to complete her animal care duties, Defendant PARKENING’s
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lemur leapt approximately five (5) feet from a nearby countertop, violently striking
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Plaintiff in the face and tearing open a deep gash in her cheek with its “toilet claw.”
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Plaintiff covered her face with her hands in complete shock after the unexpected and
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unprovoked attack.
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25. At that time and place, Angela Langtree, in apparent shock at the vicious
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attack upon Plaintiff DALZIEL, exclaimed “Oh my God, I think the monkey got her!”
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Angela Langtree then requested that Plaintiff DALZIEL reveal to her any facial
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injuries that DALZIEL had sustained. Plaintiff lowered her hands so that Angela
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could inspect her face. As soon as Plaintiff lowered her hands from her face, the
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lemur again launched itself at Plaintiff, once again using its hooked “toilet claw” to
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gouge a second deep wound in her face, this one approximately one centimeter above
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her eye.
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26. Immediately after the two attacks by the wild lemur, Plaintiff DALZIEL’s
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face began bleeding profusely. Plaintiff went into a bathroom in the Apartment,
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accompanied by Lisa Bradley and Angela Langtree, to see what damage had been
27
done. Plaintiff was horrified to see a substantial amount of blood streaming down
28
her face, and the three women used several towels in a futile effort to staunch the
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
8
First Amended Complaint
1
unrelenting seepage of blood from the two gashes on her face. At some point during
2
the efforts to stop the bleeding from Plaintiff’s face, Aubrey Larker arrived at the
3
Apartment. Upon seeing Plaintiff’s face, Aubrey Larker urged Plaintiff to seek
4
immediate hospital attention for her injuries.
5
27. Later that same day, Plaintiff sought treatment at Providence Saint Joseph
6
Medical Center. Plaintiff received stitches to close the wounds; however, the hospital
7
did not provide the services of a cosmetic surgeon to close the wounds in a manner
8
designed to minimize scarring. Because of the risk of infection, no bandages could be
9
placed over the sutures on Plaintiff’s face. Plaintiff was thus forced to endure the
10
subsequent humiliation of displaying her swollen, red face with prominently visible
11
blue sutures whenever she went out of her residence.
12
28. On the morning of the day after the attack, Plaintiff awoke and was shocked
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at the sight of her damaged face when she inspected her injuries in a mirror. Plaintiff
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DALZIEL photographed her face to document the repugnant state in which
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Defendant PARKENING’s illegally maintained wild primate had left her. A true and
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accurate color copy of that photograph is attached hereto as Exhibit “C,” and
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incorporated herein by this reference.
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29. In the weeks following the lemur attack, the area around Plaintiff’s injured
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eye became black and swollen, and remained noticeably disfigured and discolored
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for well over a month. The sutures were removed after approximately one week;
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however, the laceration to Plaintiff’s cheek oozed purulent fluid (pus) for a month,
22
prompting a physician that saw Plaintiff about one month after the lemur attack to
23
prescribe Cipro, an antibiotic.
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30. Approximately one month after the attack, Dr. Dennis Witlow, a cosmetic
25
surgeon, evaluated Plaintiff’s facial damage. Plaintiff was devastated to learn that,
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while the scarring could be minimized through future cosmetic procedures, the scars
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could never be entirely eliminated.
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31. Approximately four days after the January 9, 1999, attack by Defendant
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
9
First Amended Complaint
1
PARKENING’s lemur upon Plaintiff’s person, Plaintiff DALZIEL was approached by
2
Defendant PARKENING at the Los Angeles Equestrian Center where Plaintiff stables
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her horse and Defendant stables approximately 40 horses, occupying two barn aisles.
4
At that time, Defendant PARKENING indicated that she was aware that Plaintiff
5
DALZIEL had been attacked.
6
32. After the attack upon Plaintiff DALZIEL, Defendant PARKENING
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continued to display her disdain for human safety, placing her desire to own exotic
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wild animals above the rights and safety of human beings that she permitted to
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encounter her wild animals. Defendant PARKENING refused to take any sort of
10
precautionary measure to ensure the safety of those individuals encountering her
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illegal collection of wild animals. Her persistent refusal to acknowledge the
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impropriety of her behavior, even after multiple attacks upon innocent persons,
13
including Plaintiff, indicates that the threat of compensatory damages alone has not
14
modified Defendant PARKENING’s malicious, oppressive and reckless behavior.
15
Her conduct has expressed a mental state and outlook that requires punitive damages
16
to adequately sanction and modify.
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33. Approximately one week after the attack upon Plaintiff DALZIEL, Plaintiff
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is informed and believes, and thereupon alleges that Defendant PARKENING’s
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serval escaped from her Apartment. The serval roamed loose in the neighborhood
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and was found approximately 24 hours later in or around a dumpster behind a
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restaurant. Defendant PARKENING instructed the members of her household not to
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notify the authorities because she knew that her possession of the serval, as well as
23
that of the lemur and other wild animals, was in violation of the law. Defendant
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PARKENING’s active and concerted effort to conceal her illegal activities from the
25
authorities communicated, through her conduct, an unrelenting belief that her wild
26
animals were of greater importance than any risk imposed by them upon innocent
27
humans. This persistent and recalcitrant refusal by Defendant PARKENING to
28
respect the laws of the state of California, the ordinances of the City of Burbank, and
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
10
First Amended Complaint
1
the rights and safety of others demonstrates an outrageous, malicious and oppressive
2
mindset and a course of conduct that warrants punitive damages.
3
34. Approximately two weeks after the attack upon Plaintiff DALZIEL, Plaintiff
4
is informed and believes, and thereupon alleges that Defendant PARKENING’s lemur
5
attacked another woman named Dominique, whose last name is presently unknown
6
to Plaintiff. Defendant PARKENING knew prior to the attack upon Dominique that
7
her lemur had attacked humans on at least two prior occasions. However, Defendant
8
PARKENING did nothing to prevent that attack, displaying an unrelenting belief that
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her wild animals were of greater importance than any number of injuries inflicted by
10
them upon innocent humans. This persistent and recalcitrant refusal by Defendant
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PARKENING to respect the laws of the state of California, the ordinances of the City
12
of Burbank, and the rights and safety of others demonstrates an outrageous,
13
malicious and oppressive mindset and a course of conduct that warrants punitive
14
damages.
15
35. At some time thereafter, Plaintiff DALZIEL is informed and believes, and
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thereupon alleges that Defendant PARKENING’s lemur attacked another woman,
17
whose name is presently unknown to Plaintiff. Defendant PARKENING knew prior
18
to the attack upon the fourth known victim that her lemur had attacked humans on at
19
least three prior occasions. However, Defendant PARKENING did nothing to
20
prevent that attack, displaying an unrelenting belief that her wild animals were of
21
greater importance than any number of injuries inflicted by them upon innocent
22
humans. This persistent and recalcitrant refusal by Defendant PARKENING to
23
respect the laws of the state of California, the ordinances of the City of Burbank, and
24
the rights and safety of others demonstrates an outrageous, malicious and oppressive
25
mindset and a course of conduct that warrants punitive damages.
26
36. The habitual, recalcitrant and malicious failure of Defendant PARKENING
27
to take any remedial action whatsoever with respect to her vicious, feral lemur
28
demonstrates Defendant PARKENING’s “conscious disregard” for the safety and
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
11
First Amended Complaint
1
welfare of others, sufficient to support an award of punitive damages, pursuant to
2
the rule set forth in Hilliard v. A. H. Robbins Co. (1983) 148 Cal.App.3d 374, 401-402
3
[196 Cal.Rptr. 117, 135].
4
37. In and around June 1998, Plaintiff DALZIEL retained legal counsel to
5
protect and enforce her rights relevant to the attack by Defendant PARKENING’s
6
lemur. Plaintiff DALZIEL’s attorney at that time sent a letter, dated June 26, 1998, to
7
Defendant PARKENING, indicating legal representation and requesting insurance
8
information. A true and accurate copy of that letter is attached hereto as Exhibit “D”
9
and incorporated herein by this reference.
10
38. Soon after Defendant PARKENING received Exhibit “D” from Plaintiff’s
11
attorney, Defendant PARKENING conspired, confederated and agreed with other
12
individuals to harass and intimidate Plaintiff DALZIEL into abandoning legal action
13
against Defendant PARKENING. Defendant PARKENING’s co-conspirators
14
included, but were not limited to, the following persons: Randall Johnson, Rick
15
Johnson, Teri Rose and Aubrey Larker. Furthermore, Defendant PARKENING
16
utilized threats and intimidation in an effort to coerce other, additional individuals
17
into pressuring Plaintiff DALZIEL to forego legal action. Individuals subjected to
18
such coercion, threats and intimidation included, but were not limited to, the
19
following individuals: Lisa Bradley, Roland Garcia, and Dominique.
20
39. Defendant PARKENING and co-conspirators acting at her direction then
21
subjected Plaintiff DALZIEL and those who might influence her to an oppressive and
22
concerted campaign of harassment in furtherance of their conspiracy. The campaign
23
of oppression and harassment included the following overt acts in furtherance of,
24
and/or resulting from, the conspiracy:
25
(a) An assault, on or about June 29, 1998, by Randall Johnson,
26
Defendant PARKENING’s boyfriend, upon Roland Garcia at the
27
Los Angeles Equestrian Center after the co-conspirators discovered
28
that Roland Garcia had provided Plaintiff DALZIEL with the names
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
12
First Amended Complaint
1
and telephone numbers of other victims of Defendant
2
PARKENING’s lemur;
3
(b) A June 30, 1998, telephone message from Rick Johnson, left on
4
Plaintiff’s home telephone answering machine at 8:52 p.m.,
5
requesting a return phone call from Plaintiff;
6
(c) A July 1, 1998, telephone message from Dominique, left on
7
Plaintiff’s home telephone answering machine at 8:23 a.m.,
8
indicating that Lisa Bradley would lose her job if Plaintiff did not
9
resolve issues immediately;
10
(d) A July 1, 1998, telephone message from Aubrey Larker, left on
11
Plaintiff’s home telephone answering machine at 8:58 a.m.,
12
indicating an urgent need to talk to Plaintiff and that she had the
13
authority from Defendant PARKENING to settle any grievance that
14
Plaintiff might have with Defendant PARKENING;
15
(e) A July 1, 1998, telephone message from Lisa Bradley, left on
16
Plaintiff’s home telephone answering machine at 3:18 p.m.,
17
indicating that things were getting out of hand and that false
18
statements were being attributed to Lisa Bradley by Defendant
19
PARKENING and her co-conspirators;
20
(f)
A July 1, 1998, telephone call, by Rick Johnson, to Plaintiff’s place of
21
employment, at 4:05 p.m., which ended when Plaintiff hung up the
22
telephone after Rick Johnson began screaming at Plaintiff DALZIEL
23
about suing Defendant PARKENING;
24
(g) Immediately after the first July 1, 1998, telephone call and hang-up,
25
Rick Johnson initiated a second telephone call to Plaintiff’s place of
26
employment, at 4:10 p.m., wherein he immediately resumed
27
screaming at Plaintiff;
28
(h) Immediately after the second July 1, 1998, phone call from Rick
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
13
First Amended Complaint
1
Johnson, Defendant PARKENING initiated a telephone call to
2
Plaintiff’s place of employment, at 4:16 p.m., and was told by one of
3
Plaintiff’s co-workers that she should speak to Plaintiff’s attorney;
4
(i)
Rick Johnson spent the remainder of the afternoon of July 1, 1998,
5
repeatedly calling Plaintiff’s place of employment and harassing
6
Plaintiff’s co-workers;
7
(j)
For two days following the July 1, 1998, series of telephone calls,
8
Plaintiff’s place of employment was subjected to a rash of hang-ups
9
when one of Plaintiff’s co-workers would answer the telephone for
10
Plaintiff, who was supposed to answer incoming calls as part of her
11
duties;
12
(k) Plaintiff also endured a series of hang-ups at home after the July 1,
13
14
1998, series of abusive telephone calls at work;
(l)
After July 1, 1998, Plaintiff was informed through a series of home
15
telephone messages that Defendant PARKENING would have
16
Plaintiff’s friend, Lisa Bradley, blacklisted at the Los Angeles
17
Equestrian Center, which was, at that time, Bradley’s sole source of
18
employment;
19
(m) Defendant PARKENING sought and obtained, through coercion,
20
duress and threat of loss of employment, a release from Lisa
21
Bradley, purporting to exonerate Defendant PARKENING of all
22
liability for the attack, by her lemur, on Plaintiff DALZIEL;
23
(n) Once Defendant PARKENING had, in bad faith, forced Lisa Bradley
24
to sign this release, Defendant revealed her truly malignant
25
character when she terminated Lisa Bradley, a former Olympic
26
equestrian gold medal winner, from her employment;
27
(o) Defendant PARKENING then used her influence at the Los Angeles
28
Equestrian Center, and the assistance of Defendant’s friend Teri
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
14
First Amended Complaint
1
Rose, to undermine Lisa Bradley’s credibility as a riding instructor;
2
and,
3
(p) Beginning in and around July 1998 and continuing to the present,
4
Defendant PARKENING and her co-conspirators have engaged in
5
an ongoing pattern of intimidation and harassment of Plaintiff
6
whenever they have encountered Plaintiff at the Los Angeles
7
Equestrian Center, which Plaintiff has visited, and continues to
8
visit, on an almost daily basis for the purpose of riding and caring
9
for her horse.
10
40. Plaintiff DALZIEL, a professional singer for the previous twenty years,
11
touring with prominent entertainers such as Al Jarreau, Boz Skaggs and Tears for
12
Fears, lost her livelihood as a result of the injuries inflicted upon her by Defendant
13
PARKENING’s unlawfully owned lemur, a wild animal that the state of California
14
and the City of Burbank prohibit possession of by law. Plaintiff’s income earning
15
ability was substantially reduced, and Plaintiff was unemployed for several months
16
as a direct result of the attack. Plaintiff finally took work as an administrati ve
17
assistant, earning approximately $500 dollars per week and remembering, with
18
despair, the exciting times she had touring around the world with musical
19
performers, while earning many thousands of dollars each week.
20
21
FIRST CAUSE OF ACTION
22
(Strict Liability)
23
24
25
41. Plaintiff re-alleges, and incorporates herein by reference, each and every
allegation contained in Paragraphs 1 through 40.
42. On or about January 9, 1998, Bradley invited Plaintiff DALZIEL to
26
accompany her to the Apartment during which visit Bradley would feed and care for
27
the animals owned by Defendant PARKENING.
28
43. At all times mentioned herein, but unknown to Plaintiff DALZIEL, the
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
15
First Amended Complaint
1
lemur owned by Defendant PARKENING and located in the Apartment was of a
2
vicious disposition, possessed dangerous propensities and was likely to attack and
3
injure human beings. Defendant PARKENING was aware of these traits at all times
4
herein.
5
44. On at least one occasion prior to January 9, 1998, the lemur owned by
6
Defendant PARKENING had, in fact, attacked and physically injured a human being,
7
all to the knowledge of Defendant PARKENING.
8
9
45. On or about January 9, 1998, Plaintiff DALZIEL was in the Apartment. At
this time and place, Plaintiff DALZIEL was suddenly attacked by the lemur owned
10
by Defendant PARKENING, which clawed, scratched, bit and otherwise caused great
11
physical injury on and about Plaintiff DALZIEL’S face and head.
12
46. As a direct and legal result of the intentional acts of Defendants, and each
13
of them, Plaintiff DALZIEL was hurt and injured in her health, strength and activity,
14
sustaining injury to her nervous and neurological systems, all of which injuries have
15
caused her, and continue to cause her, great mental, physical, emotional, and nervous
16
pain and suffering. As a result of these injuries, Plaintiff has suffered general
17
damages in an amount within the jurisdiction of the Superior Court, all as may be
18
shown hereafter in accordance with proof.
19
47. As a further direct and legal result of these acts of Defendants, and each of
20
them, Plaintiff DALZIEL has incurred, and will continue to incur, medical and
21
related expenses. Plaintiff does not know at this time the exact amount of expenses
22
that have been incurred and will be incurred in the future, but the same will be
23
established according to proof.
24
48. As a further direct and legal result of these acts of Defendants, and each of
25
them, Plaintiff DALZIEL has lost wages, is presently losing wages and will continue
26
to lose wages in the future, all as may be shown hereinafter in accordance with proof.
27
49. In doing the acts herein alleged, Defendants and each of them, acted
28
willfully and with malice, oppression and fraud. Such despicable conduct, in
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
16
First Amended Complaint
1
conscious disregard of Plaintiff DALZIEL’s rights, justifies the imposition of
2
exemplary damages against Defendants in amounts to be established according to
3
proof at the time of trial.
4
5
SECOND CAUSE OF ACTION
6
(Respondeat Superior)
7
8
9
50. Plaintiff re-alleges, and incorporates herein by reference, each and every
allegation contained in Paragraphs 1 through 49.
51. At all times herein mentioned, Lisa Bradley was the agent, employee
10
and/or ostensible employee of Defendant PARKENING. In doing the acts herein
11
described and referred to, Lisa Bradley was acting in the course and within the sco pe
12
of her authority as agent, employee and/or ostensible employee, and in the
13
transaction of the business of the employment or agency. Defendant PARKENING is,
14
therefore, liable to Plaintiff DALZIEL for the acts of Lisa Bradley as herein alleged or
15
as subsequently alleged by Defendants.
16
52. When Defendant PARKENING would leave town, her employee, Lisa
17
Bradley, would care for her animals, including the lemur. Defendant PARKENING
18
would leave detailed instructions behind in her residence, specifying feeding times ,
19
feed amounts and other care directives for her employee, Lisa Bradley.
20
53. The wild animals owned by Defendant PARKENING, including a lemur, a
21
serval and a flying squirrel, posed a peculiar risk of harm to caregivers and other
22
members of the public that might encounter them, due to their feral, undomesticated
23
state. Special precautions were necessary to attenuate the peculiar risk posed by
24
these wild animals. Defendant PARKENING knew or should have recognized that
25
her wild animals posed a peculiar risk of harm, requiring special precautions to
26
minimize the risk to others.
27
28
54. At all relevant times, Lisa Bradley owed a duty to avoid foreseeable
damages and injuries to individuals that she invited into the Apartment, including
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
17
First Amended Complaint
1
2
3
4
5
Plaintiff DALZIEL, and to refrain from engaging in tortious actions toward Plaintiff.
55. Lisa Bradley breached that duty by, amongst other reasons:
(a) negligently maintaining the Apartment in the absence of Defendant
PARKENING;
(b) negligently failing to warn Plaintiff of the dangers posed by the
6
wild animals illegally kept within the Apartment of Defendant
7
PARKENING; and,
8
9
(c) negligently admitting Plaintiff into the Apartment of Defendant
PARKENING, wherein wild animals were illegally kept.
10
56. As a direct and proximate result of Lisa Bradley’s conduct, Plaintiff
11
DALZIEL was hurt and injured in her health, strength and activity, sustaining injury
12
to her nervous and neurological systems, all of which injuries have caused her, and
13
continue to cause her, great mental, physical, emotional, and nervous pain and
14
suffering. As a result of these injuries, Plaintiff has suffered general damages in an
15
amount that shall be shown according to proof at time trial.
16
57. As a further direct and legal result of the negligence of Lisa Bradley,
17
Plaintiff DALZIEL has incurred, and will continue to incur, medical and related
18
expenses. Plaintiff does not know at this time the exact amount of expenses that have
19
been incurred and will be incurred in the future, but the same will be established
20
according to proof.
21
58. As a further direct and legal result of the acts of Lisa Bradley, Plaintiff
22
DALZIEL has lost wages, is presently losing wages and will continue to lose wages in
23
the future, all as may be shown hereinafter in accordance with proof.
24
59. Defendant PARKENING is liable, through the doctrine of respondeat
25
superior, for those injuries sustained by Plaintiff DALZIEL that were caused by the
26
negligence of Defendant’s employee, Lisa Bradley.
27
28
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
18
First Amended Complaint
1
THIRD CAUSE OF ACTION
2
(Landowner/Premises Liability)
3
4
5
60. Plaintiff re-alleges, and incorporates herein by reference, each and every
allegation contained in Paragraphs 1 through 59.
61. As set forth herein, Defendant PARKENING, the DOE Defendants, and
6
each of them, were aware of the of substantial guest traffic in the Apartment, were
7
aware of at least one prior attack by the lemur upon a person, and were aware that
8
the wild animals were housed within the Apartment in violation of the law. Thus,
9
Defendants were aware of the substantial hazards posed by the wild animals in the
10
Apartment and that innocent persons, lacking knowledge of the danger therein, were
11
regularly exposed to those hazards.
12
62. Although Defendants were aware of the substantial and peculiar hazards
13
posed by the wild animals illegally housed in the Apartment, they in fact took
14
absolutely no precautionary measures, either before the lemur attack upon Plaintiff,
15
when they already had knowledge of the vicious propensity of the lemur, or after a
16
series of other attacks by that same lemur upon other persons. Instead, Defendants
17
willfully and callously placed possession of illegal wild animals above the rights and
18
safety of innocent persons permitted to encounter said wild animals.
19
63. As owners, occupants or lessors of the Apartment, Defendant
20
PARKENING, the DOE Defendants, and each of them, had a duty to exercise
21
ordinary care in the use, maintenance and management of such premises in order to
22
avoid exposing any persons present in said premises as an invitee or licensee, such as
23
Plaintiff DALZIEL, to an unreasonable risk of harm caused by peculiarly dangerous
24
wild animals contained within the premises. As a matter of settled law in the state of
25
California, wild animals are naturally dangerous, posing an unreasonable risk of
26
harm. Therefore, Defendants had a duty to utilize reasonable care to ensure that any
27
person present in the Apartment as a licensee or invitee, such as Plaintiff,
28
encountering the wild animals unlawfully housed within the Apartment, would be
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
19
First Amended Complaint
1
protected from the risks posed by those wild animals. Such duty existed even when
2
the unreasonable risk of harm was caused by the conduct of a third person which, in
3
the exercise of reasonable care, was or should have been foreseeable, or where the
4
occupant of the premises maintained the property in such a way as to increase t he
5
risk of dangerous activity.
6
64. Defendants, and each of them, breached their duty of care to individuals
7
present in the Apartment as licensees or invitees, such as Plaintiff DALZIEL, by
8
unlawfully possessing and harboring wild animals, including a lemur, known to this
9
state and Defendants to be naturally dangerous animals due to their undomesticated
10
11
status.
65. Defendants, and each of them, breached their duty of care to individuals
12
present in the Apartment as licensees or invitees, such as Plaintiff DALZIEL, by
13
negligently hiring, retaining, entrusting, training, instructing and supervising all
14
agents, employees, personnel and representatives of Defendants acting in connection
15
with Plaintiff DALZIEL and by negligently using, maintaining, securing, supervising,
16
entrusting and managing the Apartment in such a way as to create an unreasonable
17
risk of harm to Plaintiff DALZIEL.
18
66. As a direct and legal result of the negligent maintenance of their premises
19
by Defendants, and each of them, Plaintiff DALZIEL was hurt and injured in her
20
health, strength and activity, sustaining injury to her nervous and neurological
21
systems, all of which injuries have caused her, and continue to cause her, great
22
mental, physical, emotional, and nervous pain and suffering. As a result of the se
23
injuries, Plaintiff has suffered general damages in an amount within the jurisdiction
24
of the Superior Court, all as may shown hereafter in accordance with proof.
25
67. As a further direct and legal result of the negligence of Defendants, and
26
each of them, Plaintiff DALZIEL has incurred, and will continue to incur, medical
27
and related expenses. Plaintiff does not know at this time the exact amount of
28
expenses that have been incurred and will be incurred in the future but the same will
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
20
First Amended Complaint
1
be established according to proof.
2
68. As a further direct and legal result of these acts of Defendants, and each of
3
them, Plaintiff DALZIEL has lost wages, is presently losing wages and will continue
4
to lose wages in the future, all as may be shown hereinafter in accordance with proo f.
5
69. The outrageous and unrelenting pattern of conduct on the part of
6
Defendants, as set forth herein, was despicable, carried on with a willful and
7
conscious disregard of the rights and safety of individuals such as Plaintiff, thereby
8
warranting the assessment of punitive damages against Defendants in an amount to
9
be shown according to proof at the time of trial.
10
11
FOURTH CAUSE OF ACTION
12
(Negligence/Negligence Per Se)
13
14
15
70. Plaintiff re-alleges, and incorporates herein by reference, each and every
allegation contained in Paragraphs 1 through 69.
71. At all relevant times, Defendants owed duties, both common law and
16
statutory, to avoid foreseeable damages and injuries to all persons present in the
17
Apartment as licensees or invitees, such as Plaintiff DALZIEL, and to refrain from
18
engaging in tortious actions toward Plaintiff.
19
20
21
22
23
72. Defendants negligently breached these duties to Plaintiff DALZIEL by,
amongst other reasons:
(a) recklessly and wantonly possessing wild animals with known
vicious propensities;
(b) failing to instruct employees of the dangerous natures and vicious
24
propensities of the wild animals unlawfully housed in Defendant
25
PARKENING’s Apartment;
26
(c) permitting a substantial number of innocent individuals, lacking
27
knowledge of the dangerous propensities of the wild animals
28
housed in the Apartment, to encounter said wild animals within the
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
21
First Amended Complaint
1
Apartment;
2
(d) violating, on multiple instances, Fish and Game Code section 2118;
3
(e) violating, on multiple instances, Burbank Municipal Code section 6-
4
302, subdivision (a);
5
(f)
6
violating, on multiple instances, Burbank Municipal Code section 6303, subdivision (a);
7
(g) violating, on multiple instances, Burbank Municipal Code section 6-
8
1002;
9
(h) violating, on multiple instances, Burbank Municipal Code section 6-
10
1101;
11
(i)
failing to warn innocent individuals, lacking knowledge of the
12
dangerous propensities of the wild animals housed in the
13
Apartment, of the vicious nature of the wild animals illegally
14
housed therein; and,
15
16
(j)
committing the acts set forth in this Complaint.
73. At all relevant times herein, Defendants were required to comply with the
17
laws of this state. Such laws include, inter alia, Fish and Game Code section 2118, and
18
the Burbank Municipal Code, sections 6-302, 6-303, 6-1002 and 6-1101.
19
74. Fish and Game Code section 2118, and the Burbank Municipal Code,
20
sections 6-302, 6-303, 6-1002 and 6-1101 were created for, amongst other reasons, the
21
protection of the health and welfare of members of the public, including Plaintiff
22
DALZIEL.
23
75. As set forth herein, Defendants violated the laws of this state, including,
24
inter alia, Fish and Game Code section 2118, and the Burbank Municipal Code,
25
sections 6-302, 6-303, 6-1002 and 6-1101.
26
76. Defendants’ violations of Fish and Game Code section 2118, and the
27
Burbank Municipal Code, sections 6-302, 6-303, 6-1002 and 6-1101 constitute breaches
28
of statutory duties owed to all members of the public, including Plaintiff DALZIEL.
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
22
First Amended Complaint
1
77. On or about January 9, 1998, Plaintiff DALZIEL was in the Apartment. At
2
this time and place, Plaintiff DALZIEL was viciously attacked by the lemur owned by
3
Defendant PARKENING, which slashed Plaintiff DALZIEL with its “toilet claw” and
4
otherwise caused great physical injury on and about Plaintiff DALZIEL’s face and
5
head.
6
78. But for the negligent acts and omissions of Defendants and the violations of
7
the various statutes and ordinances by Defendants, as set forth herein, Plaintiff
8
would not have been injured by the unlawfully and negligently kept lemur.
9
79. As a direct and proximate result of Defendants’ conduct, Plaintiff DALZIEL
10
was hurt and injured in her health, strength and activity, sustaining injury to her
11
nervous and neurological systems, all of which injuries have caused her, and
12
continue to cause her, great mental, physical, emotional, and nervous pain and
13
suffering. As a result of these injuries, Plaintiff has suffered general damages in an
14
amount that shall be shown according to proof at time trial.
15
80. As a further direct and legal result of the negligence of Defendants, and
16
each of them, Plaintiff DALZIEL has incurred, and will continue to incur, medical
17
and related expenses. Plaintiff does not know at this time the exact amount of
18
expenses that have been incurred and will be incurred in the future, but the same will
19
be established according to proof.
20
81. As a further direct and legal result of these acts of Defendants, and each of
21
them, Plaintiff DALZIEL has lost wages, is presently losing wages and will continue
22
to lose wages in the future, all as may be shown hereinafter in accordance with proof.
23
82. The outrageous and unrelenting pattern of conduct on the part of
24
Defendants, as set forth herein, was despicable, carried on with a willful and
25
conscious disregard of the rights and safety of individuals such as Plaintiff, thereby
26
warranting the assessment of punitive damages against Defendants in an amount to
27
be shown according to proof at the time of trial.
28
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
23
First Amended Complaint
1
FIFTH CAUSE OF ACTION
2
(Negligent Infliction of Emotional Distress)
3
4
83. Plaintiff re-alleges, and incorporates herein by reference, each and every
allegation contained in Paragraphs 1 through 82.
5
84. At all relevant times, Defendants owed affirmative duties to avoid
6
foreseeable damages and injuries to Plaintiff DALZIEL. Defendants knew, or
7
reasonably should have known, that their acts and omissions created an unreasonable
8
risk of harm to Plaintiff.
9
85. Defendants breached their duties to Plaintiff DALZIEL by the acts and
10
omissions hereinabove alleged. As a direct and legal result of Defendants’ conduct,
11
Plaintiff DALZIEL experienced severe emotional distress and suffering, all to her
12
general and special damages in amounts to be shown according to proof at time of
13
trial.
14
15
SIXTH CAUSE OF ACTION
16
(Civil Rights Violations [Civ. Code § 52.1])
17
18
19
20
86. Plaintiff re-alleges, and incorporates by reference, each and every allegation
contained in Paragraphs 1 through 85.
87. Civil Code section 52.1, subdivision (a) provides:
Whenever a person or persons, whether or not acting under color
21
of law, interferes by threats, intimidation, or coercion, or attempts to
22
interfere by threats, intimidation, or coercion, with the exercise or
23
enjoyment by any individual or individuals of rights secured by the
24
Constitution or laws of the United States, or the rights secured by the
25
Constitution or laws of this state, the Attorney General, or any district
26
attorney or city attorney may bring a civil action for injunctive and other
27
appropriate equitable relief in the name of the people of the State of
28
California, in order to protect the peaceable exercise or enjoyment of the
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
24
First Amended Complaint
1
right or rights secured.
2
88. Civil Code section 52.1, subdivision (b) provides:
3
Any individual whose exercise or enjoyment of rights secured by
4
the Constitution or laws of the United States, or of rights secured by the
5
Constitution or laws of this state, has been interfered with, or attempted
6
to be interfered with, as described in subdivision (a), may institute and
7
prosecute in his or her own name and on his or her own behalf a civil
8
action for damages, including, but not limited to, damages under Section
9
52, injunctive relief, and other appropriate equitable relief to protect the
10
peaceable exercise or enjoyment of the right or rights secured.
11
89. Civil Code section 52.1, subdivision (h) provides:
12
In addition to any damages, injunction, or other equitable relief
13
awarded in an action brought pursuant to subdivision (b), the court may
14
award the petitioner or plaintiff reasonable attorney’s fees.
15
90. As set forth herein, Defendant PARKENING and her co-conspirators
16
threatened and harassed Plaintiff at her place of work. As a direct result, Plaintiff
17
suffered severe emotional distress in the form of profound humiliation, mental
18
anguish, and emotional and physical distress, and has been placed in a state of
19
worry, fright, and nervousness, that, amongst other things, her new employment,
20
secured after the lemur attack interfered with Plaintiff’s professional singing
21
opportunities, would be jeopardized.
22
91. As set forth herein, Defendant PARKENING and her co-conspirators
23
threatened, intimidated, and attempted to coerce Plaintiff to forego asserting her
24
legal rights. Such threats, intimidation and attempted coercion included, amongst
25
other things, threats that Plaintiff’s friend, Lisa Bradley, would lose her job and suffer
26
related harms if Plaintiff did not forego asserting her legal rights. As a further direct
27
result of such threats, intimidation and attempted coercion, Plaintiff suffered severe
28
emotional distress in the form of profound humiliation, mental anguish, and
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
25
First Amended Complaint
1
emotional and physical distress, and has been placed in a state of worry, fright, and
2
nervousness.
3
92. Since the campaign of harassment, by Defendant PARKENING and her co-
4
conspirators, against Plaintiff, began, in and around July 1998, Plaintiff has suffered
5
intimidation, worry, fright, fear of harassment and/or actual harassment on each and
6
every occasion that she has gone to the Los Angeles Equestrian Center. Once a place
7
of peaceful leisure for Plaintiff, she has endured for the past year, and continues to
8
endure, emotional abuse at the hands of Defendant PARKENING and her co-
9
conspirators.
10
93. Defendant PARKENING’s conduct as alleged herein violated Plaintiff
11
DALZIEL’s rights of protection from harm and from personal insult, as provided by
12
Civil Code section 43. Moreover, Defendant’s conduct, including, but not limited to,
13
her conduct surrounding the campaign of coercion, intimidation and harassment
14
directed at Plaintiff and her associates, intended by Defendant to prevent Plaintiff
15
from protecting her legal rights, interfered with Plaintiff’s exercise and enjoyment of
16
her civil rights as guaranteed by the California Constitution and the laws of this state,
17
and in violation of Civil Code section 52.1.
18
94. As a direct, proximate and legal result of Defendants’ conduct as alleged
19
herein, Plaintiff DALZIEL has suffered, and continues to suffer severe emotional and
20
physical injuries.
21
95. As a result of Defendants’ violations of Civil Code section 52.1, Plaintiff is
22
entitled to injunctive and other equitable relief and to recover her reasonable
23
attorneys’ fees incurred in the prosecution of this action.
24
96. The aforementioned conduct of Defendants was oppressive, subjecting
25
Plaintiff to cruel and unjust hardship in conscious disregard of her rights, was
26
malicious, intended to cause injury to Plaintiff, and was despicable, carried on with a
27
willful and conscious disregard of the rights and safety of Plaintiff, thereby
28
warranting the assessment of punitive damages against Defendant in an amount to be
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
26
First Amended Complaint
1
shown according to proof at the time of trial.
2
3
SEVENTH CAUSE OF ACTION
4
(Intentional Infliction of Emotional Distress)
5
6
7
97. Plaintiff re-alleges, and incorporates by reference, each and every allegation
contained in Paragraphs 1 through 96.
98. As set forth herein, Defendant PARKENING and her co-conspirators
8
engaged in a concerted pattern of harassment and intimidation, directed at Plaintiff
9
DALZIEL and her friends, which pattern was intended to subject Plaintiff to such
10
duress, emotional stress, anxiety, worry, fright and nervousness that Plaintiff would
11
forego exercising her legal rights.
12
99. Defendants’ actions, as set forth in this Complaint, were willful and done
13
with the intent of causing, or with reckless disregard of the probability of causing,
14
severe emotional distress to Plaintiff DALZIEL. Said actions comprised a pattern of
15
harassment, devised by Defendant PARKENING and her co-conspirators. Defendant
16
PARKENING and her co-conspirators willfully and maliciously acted in furtherance
17
of their conspiracy to oppress, harass, vex, irritate, coerce, intimidate and annoy
18
Plaintiff. The pattern of activity encompassed an extended period of time, consisted
19
of numerous discrete abusive acts, and, therefore, displayed a ruthless and
20
unrepentant attitude, on the part of Defendant PARKENING, that was entirely
21
consistent with her improper belief that possession of wild animals was more
22
important than the safety of human beings encountering those illegal animals.
23
100.
As a direct and proximate result of the aforementioned acts, Plaintiff
24
DALZIEL has suffered severe emotional distress in the form of profound humiliation,
25
mental anguish, and emotional and physical distress, and has been placed in a state
26
of worry, fright, and nervousness, all to Plaintiff’s damage, in an amount to be shown
27
according to proof at the time of trial.
28
101.
The aforementioned conduct of Defendants was oppressive, subjecting
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
27
First Amended Complaint
1
Plaintiff to cruel and unjust hardship in conscious disregard of her rights, was
2
malicious, intended to cause injury to Plaintiff, and was despicable, carried on with a
3
willful and conscious disregard of the rights and safety of Plaintiff, thereby
4
warranting the assessment of punitive damages against Defendants in an amount to
5
be shown according to proof at the time of trial.
6
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
7
1.
For general damages as shown according to proof;
8
2.
For special damages as shown according to proof;
9
3.
For exemplary damages as shown according to proof;
10
4.
For pre-judgment interest according to law;
11
5.
For attorney’s fees;
12
6.
For injunctive and equitable relief;
13
7.
For costs of suit herein; and
14
8.
For such other relief as the Court deems just and proper.
15
Dated this 6 th day of July 1999.
Respectfully submitted,
STANBURY & FISHELMAN , INC.
16
17
18
By:
19
20
Alec B. Wisner, Attorneys for
Plaintiff, LINDA DALZIEL
21
22
DEMAND FOR JURY TRIAL
23
Plaintiff demands a trial by jury.
24
Dated this 6 th day of July 1999.
STANBURY & FISHELMAN , INC.
25
26
By:
27
28
STANBURY &
F ISHELMAN , I NC.
9200 Sunset Blvd.
Penthouse 30
Los Angeles, CA
90069-3601
(310) 278-1800
28
First Amended Complaint
Alec B. Wisner, Attorneys for
Plaintiff, LINDA DALZIEL