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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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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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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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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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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;
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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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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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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
8/16/2019 Complaint filed against Cosby
10/11
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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
8/16/2019 Complaint filed against Cosby
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