The Chandler Claim: Inside the 1993 Lawsuit Against Michael Jackson

– FILED –

LOS ANGELES SUPERIOR COURT

SEP 14 1993

EDWARD M. KANZMAN

BY A. WATTS, DEPUTY

SANTA MONICA DISTRICT

OP 16 M 71 09/14/93 10:42

T# 003821 6001 182.00

REG OF ACT A

LARRY R. FELDMAN (State Bar No. 45126)

FOGEL, FELDMAN, OSTROV, RINGLER & KLEVENS

A LAW CORPORATION

1620 26th Street, Suite 100 South

Santa Monica, California 90404-4040

(310) 453-6711

Attorneys for Plaintiff J. CHANDLER, a minor, by and through his Guardians

Ad Litem E. Chandler and J. Chandler

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

J. CHANDLER, a minor, by and through his Guardians Ad Litem E. Chandler and

J. Chandler,

Plaintiff,

vs.

MICHAEL JACKSON and DOES 1 through 100,

Defendants.

CASE NO. SC026226

COMPLAINT FOR SEXUAL BATTERY; BATTERY; SEDUCTION; WILLFUL MISCONDUCT;

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; FRAUD AND NEGLIGENCE

Plaintiff J. Chandler, a minor, by and through his Guardians Ad Litem E.

Chandler and J. Chandler for causes of action, alleges:

FIRST CAUSE OF ACTION

(By Plaintiff Against All Defendants for Sexual Battery)

1. The true names or capacities of defendants named herein as Does 1 through 100, and each of them, are unknown to plaintiff who therefore sues said defendants by such fictitious names. Plaintiff will amend this complaint and show such true names and capacities when the same have been ascertained. Each of the defendants named herein as a Doc is legally responsible for the events and happenings herein described and for the damages proximately caused thereby.

2. Prior to the commencement of this action E. Chandler and J. Chandler were appointed Guardian ad Litem of their son, plaintiff J. Chandler, for the purpose of maintaining this Lawsuit.

3. Plaintiff is a male child who is 13 years old.

4. In or around 1993 defendant Michael Jackson repeatedly committed sexual battery upon plaintiff in the County of Los Angeles, State of California and in other locations both within and without the State of California as more fully described in paragraphs 5 through 7, below.

5. Defendant Michael Jackson, with the intent to cause a harmful or offensive contact with an intimate part of plaintiff, repeatedly committed sexual battery upon plaintiff by having sexually offensive contacts with plaintiff. These sexually offensive contacts include but are not limited to defendant Michael Jackson orally copulating plaintiff, defendant Michael Jackson masturbating plaintiff, defendant Michael Jackson eating the semen of plaintiff, and defendant Michael Jackson having plaintiff fondle and manipulate the breasts and nipples of defendant Michael Jackson while defendant Michael Jackson would masturbate.

6. Defendant Michael Jackson, with the intent to cause a harmful or offensive contact with plaintiff by the use of one or more intimate parts of said defendant, repeatedly committed sexually battery upon plaintiff by having sexually offensive contacts with plaintiff.

7. Defendant Michael Jackson repeatedly committed sexual battery upon plaintiff by acts which caused plaintiff to have an imminent apprehension of the conduct described in paragraphs 5 and 6 above, which resulted in sexually offensive contacts with plaintiff.

8. As a direct and proximate result of the repeated sexual batteries committed by the defendant Michael Jackson upon the plaintiff, the plaintiff has suffered injury to his health, strength and activity, injury to his body and shock and injury to his nervous system, all of which injuries have caused and continue to cause plaintiff great mental, physical and nervous pain and suffering and emotional distress, all to plaintiff’s damage in an amount in excess of the minimum jurisdictional amount of the Superior Court.

9. As a further, direct and proximate result of the repeated sexual batteries of defendant Michael Jackson upon the plaintiff, the plaintiff was required to and did and will be required to employ health care professionals to examine, treat and care for plaintiff and has and will\0 incur medical and incidental expenses. The exact amount of such expense is unknown to plaintiff at this time and plaintiff will ask leave to amend this pleading to set forth the exact amount thereof when the same is ascertained by plaintiff, or plaintiff will offer proof thereof at the time of trial.

10. Defendant Michael Jackson by repeatedly committing sexual batteries upon plaintiff has been guilty of oppression, fraud and malice; has engaged in conduct which is intended by said defendant to cause injury to the plaintiff; has engaged in conduct which is despicable conduct carried on by said defendant with the willful and conscious disregard of the rights or safety of plaintiff; has engaged in despicable conduct that subjects plaintiff to cruel and unjust hardship in disregard of plaintiff’s rights; and has used intentional misrepresentation, deceit and concealment of material facts known to said defendant with the intention of depriving plaintiff of his legal rights and otherwise causing injury to plaintiff, thereby entitling plaintiff to an award of exemplary and punitive damages in an amount to be determined at the trial.

SECOND CAUSE OF ACTION

(By Plaintiff Against All Defendants for Battery)

11. Plaintiff repeats and incorporates herein by reference each and every allegation contained in paragraphs 1, 2 and 3, above.

12. In or around 1993, defendant Michael Jackson repeatedly committed battery upon plaintiff in the County of Los Angeles, State of California, and in other locations both within and without, the State of California as more fully described in paragraph 13 below.

13. Defendant Michael Jackson repeatedly committed battery upon plaintiff by engaging in harmful contact with plaintiff including but not limited to harmful sexual contact with plaintiff. These harmful contacts include but are not limited to defendant Michael Jackson orally copulating plaintiff, defendant Michael Jackson masturbating plaintiff, defendant Michael Jackson eating the semen of plaintiff, and defendant Michael Jackson having plaintiff fondle and manipulate the breasts and nipples of defendant Michael Jackson while defendant Michael Jackson would masturbate.

14. As a direct and proximate result of the repeated batteries committed by the defendant Michael Jackson upon the plaintiff, the plaintiff has suffered injury to his health, strength and activity, injury to his body and shock and injury to his nervous system, all of which injuries have caused and continue to cause plaintiff great mental, physical and nervous pain and suffering and emotional distress, all to plaintiff’s damage in an amount in excess of the minimum jurisdictional amount of the Superior Court.

15. As a further, direct and proximate result of the repeated batteries of defendant Michael Jackson upon the plaintiff, the plaintiff was required to and did and will be required to employ health care professionals to examine, treat and care for plaintiff and has and will incur medical and incidental expenses. The exact amount of such expense is unknown to plaintiff at this time and plaintiff will ask leave to amend this pleading to set forth the exact amount thereof when the same is ascertained by plaintiff, or plaintiff will offer proof thereof at the time of trial.

16. Defendant Michael Jackson by repeatedly committing batteries upon plaintiff has been guilty of oppression, fraud and malice; has engaged in conduct which is intended by said defendant to cause injury to the plaintiff; has engaged in conduct which is despicable conduct carried on by said defendant with the willful and conscious disregard of the rights or safety of plaintiff; has engaged in despicable conduct that subjects plaintiff to cruel and unjust hardship in disregard or plaintiff’s rights; and has used intentional misrepresentation, deceit and concealment of material facts known to said defendant with the intention of depriving plaintiff of his legal rights and otherwise causing injury to plaintiff, thereby entitling plaintiff to an award of exemplary and punitive damages in an amount to be determined at the trial.

THIRD CAUSE OF ACTION

(By Plaintiff Against All Defendants for Seduction)

17. Plaintiff repeats and incorporates herein by reference each and every allegation contained in paragraphs 1, 2 and 3, above.

18. Defendant Michael Jackson gave expensive and lavish gifts to plaintiff; showered plaintiff with care and attention; took plaintiff on trips and vacations; feigned despair and grief when plaintiff rejected said defendant’s sexual advances; and falsely told plaintiff that it would be right and appropriate for plaintiff to comply with said defendant’s sexual advances. Said defendant’s actions were done for the sole and exclusive purpose of forcing plaintiff to comply with said defendant’s sexual demands and other demands so that said defendant could satisfy his lust, passions and sexual desires.

19. As a result of the foregoing, defendant Michael Jackson was able to seduce plaintiff and thereby defendant Michael Jackson was able to satisfy his lust, passions and sexual desires. The sexual acts committed by defendant Michael Jackson in his seduction of plaintiff include but are not limited to defendant Michael Jackson orally copulating plaintiff, defendant Michael Jackson masturbating plaintiff, defendant Michael Jackson eating the semen of plaintiff, and defendant Michael Jackson having plaintiff fondle and manipulate the breasts and nipples of defendant Michael Jackson while defendant Michael Jackson would masturbate.

20. As a direct and proximate result of the seduction of plaintiff by the defendant Michael Jackson, the plaintiff has suffered injury to his health, strength and activity, injury to his body and shock and injury to his nervous system, all of which injuries have caused and continue to cause plaintiff great mental, physical and nervous pain and Buffering and emotional distress, all to plaintiff’s damages in an amount in excess of the minimum jurisdictional limit of the Superior Court.

21. As a further, direct and proximate result of the seduction of plaintiff by the defendant Michael Jackson, the plaintiff was required to and did and will be required to employ health care professionals to examine, treat and care for plaintiff and has and will incur medical and incidental expenses. The exact amount of such expense is unknown to plaintiff at this time and plaintiff will ask leave to amend this pleading to set forth the exact amount thereof when the same is ascertained by plaintiff, or plaintiff will offer proof thereof at the time of trial.

22. Defendant Michael Jackson, by seducing plaintiff, has been guilty of oppression, fraud and malice; has engaged in conduct which is intended by said defendant to cause injury to the plaintiff; has engaged in conduct which is despicable conduct carried on by said defendant with the willful and conscious disregard of the rights or safety of plaintiff; has engaged in despicable conduct that subjects plaintiff to cruel and unjust hardship in disregard of plaintiff’s rights; and has used intentional misrepresentation, deceit and concealment of material facts known to said defendant with the intention of depriving plaintiff of his legal rights and otherwise causing injury to plaintiff, thereby entitling plaintiff to an award of exemplary and punitive damages in an amount to be determined at the trial.

FOURTH CAUSE OF ACTION

(By Plaintiff Against All Defendants for willful Misconduct)

23. Plaintiff repeats and incorporates herein by reference each and every allegation contained in paragraphs 1, 2 and 3, above.

24. Defendant Michael Jackson intentionally and wilfully violated the Penal Code of the state of California by his actions and contact with plaintiff.

These Penal Code violations include but are not llmited to the following:

(a}Defendant Michael Jackson intentionally and wilfully violated Penal Code Section 288 by willfully and lewdly committing lewd and lascivious acts upon or with the body, or any part or member thereof, of plaintiff, a child under the age of 14 years, with the intent of arousing, appealing to or gratifying the lust or passions or sexual desires of said defendant.

(b) Defendant Michael Jackson intentionally and willfully violated Penal Code Section 1165.1 by said defendant’s sexual abuse of plaintiff.

(c) Defendant Michael Jackson intentionally and willfully violated Penal Code Section 288a by acts that he committed upon plaintiff.

(d) Defendant Michael Jackson intentionally and willfully violated Penal Code Section 647.6 by annoying and molesting plaintiff. The actions of defendant Michael Jackson which violated the Penal Code of the state of California include but are not limited to defendant Michael Jackson orally copulating plaintiff, defendant Michael Jackson masturbating plaintiff, defendant Michael Jackson eating the semen of plaintiff, and defendant Michael Jackson having plaintiff fondle and manipulate the breasts and nipples of defendant Michael Jackson while defendant Michael Jackson would masturbate.

25. As a direct and proximate result of the acts committed by defendant Michael Jackson upon the plaintiff in violation of the Penal Code of the State of California, the plaintiff has suffered injury to his health, strength and activity, injury to the body and shock and injury to his nervous system, all of which injuries have caused and continue to cause plaintiff great mental, physical and nervous pain and suffering and emotional distress, all to plaintiff’s damage in an amount in excess of the minimum jurisdictional amount of the Superior Court.

26. As a further direct and proximate result of the acts committed by the defendant Michael Jackson upon the plaintiff, in violation of the Penal Code of the State of California, the plaintiff was required to and did and Will be required to employ health care professionals to examine, treat and care for plaintiff and has and will incur medical and incidental expenses. The exact amount of such expense is unknown to plaintiff at this time and plaintiff will ask leave to amend this pleading to set forth the exact amount thereof when the same is ascertained by plaintiff, or plaintiff will offer proof thereof at the time of trial.

27. Defendant Michael Jackson by repeatedly violating the Penal Code of the State of California has been guilty of oppression, fraud and malice; has engaged in conduct which is intended by said defendant to cause injury to the plaintiff; has engaged in conduct which is despicable conduct carried on by said defendant with the willful and conscious disregard of the rights or safety of plaintiff; has engaged in despicable conduct that subjects plaintiff to cruel and unjust hardship in disregard of plaintiff’s rights; and has used intentional misrepresentation, deceit and concealment of material facts known to said defendant with the intention of depriving plaintiff of his legal rights and otherwise causing injury to plaintiff, thereby entitling plaintiff to an award of exemplary and punitive damages in an amount to be determined at the trial.

FIFTH CAUSE OF ACTION

(By Plaintiff Against All Defendants for Intentional Infliction of Emotional Distress)

28. Plaintiff repeats and incorporates herein by reference each and every

allegation contained in paragraphs 1, 2 and 3, above.

29. During 1993 defendant Michael Jackson repeatedly engaged in sexual conduct with plaintiff and other conduct with plaintiff all of which was directed to gratifying defendant Michael Jackson’s lust, passions and sexual desire. The sexual conduct included but is not limited to defendant Michael Jackson orally copulating plaintiff, defendant Michael Jackson masturbating plaintiff, defendant Michael Jackson eating the semen of plaintiff, and defendant Michael Jackson having plaintiff fondle and manipulate the breasts and nipples of defendant Michael Jackson while defendant Michael Jackson would masturbate.

30. Defendant Michael Jackson knew or should have known that these intentional acts Were likely to lead to mental and physical illness to plaintiff and likely to cause plaintiff to suffer severe emotional distress.

31. As a direct and proximate result of the conduct committed by defendant Michael Jackson as set forth hereinabove, the plaintiff has suffered injury to his health, strength and activity, injury to his body and shook and injury to his nervous system, all of which injuries have caused and continue to cause plaintiff great mental, physical and nervous pain and suffering and emotional distress, all to plaintiff’s damage in an amount in excess of the minimum jurisdictional amount of the Superior Court.

32. As a direct and proximate result of the conduct committed by defendant Michael Jackson as set forth hereinabove, the plaintiff was required to and did and will be required to employ health care professionals to examine, treat and care for plaintiff and has and will incur medical and incidental expenses. The exact amount of such expense is unknown to plaintiff at this time and plaintiff will ask leave to amend this pleading to set forth the exact amount thereof when the same is ascertained by plaintiff, or plaintiff will offer proof thereof at the time of trial.

33. As a direct and proximate result of the conduct committed by defendant Michael Jackson as set forth hereinabove, said defendant has been guilty of oppression, fraud and malice; has engaged in conduct which is intended by said defendant to cause injury to the plaintiff; has engaged in conduct which is despicable conduct carried on by said defendant with the willful and conscious disregard of the rights or safety or plaintiff; has engaged in despicable conduct that subjects plaintiff to cruel and unjust hardship in disregard of plaintiff’s rights; and has used intentional misrepresentation, deceit and concealment of material facts known to said defendant with the intention of depriving plaintiff of his legal rights and otherwise causing injury to plaintiff, thereby entitling plaintiff to an award of exemplary and punitive damages in an amount to be determined at the trial.

SIXTH CAUSE OF ACTION

(By Plaintiff Against All Defendants for Fraud)

34. Plaintiff repeats and incorporates herein by reference each and every allegation contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 12, 13, 18, 19, 24, 29 and 30, above.

35. Defendant Michael Jackson so that he could commit the acts alleged hereinabove made repeated misrepresentations to plaintiff including that defendant Michael Jackson was a true friend of plaintiff; that defendant Michael Jackson had the best interests Of plaintiff in mind even while he was engaged in the acts described in detail hereinabove; that defendant Michael Jackson would suffer despair and great depression if Michael Jackson was not allowed to perform the acts alleged hereinabove; and that the acts which defendant Michael Jackson committed upon plaintiff were normal, usual and customary acts in a relationship between friends.

36. Each of these representations were false and known to be false by defendant Michael Jackson.

37. Each of these representations were made by defendant Michael Jackson in an intent to deceive plaintiff and so that plaintiff Michael Jackson would be able to satisfy said defendant’s lust, passions and sexual desires through the abuse of plaintiff.

38. Plaintiff believed the representations to be true and acting in reliance upon these representations allowed defendant Michael Jackson to commit the acts alleged hereinabove.

39. As a direct and proximate result of the fraudulent representations made by defendant Michael Jackson to plaintiff, the plaintiff has suffered injury to his health, strength and activity, injury to his body and shock and injury to his nervous system, all of which injuries have caused and continue to cause plaintiff great mental, physical and nervous pain and suffering and emotional distress, all to plaintiff’s damage in an amount in excess of the minimum jurisdictional limit of the Superior Court.

40. As a further, direct and proximate result of the fraudulent representations made by defendant Michael Jackson to plaintiff, the plaintiff was required to and did end will be required to employ health care professionals to examine, treat and care for plaintiff and has and will incur medical and incidental expenses. The exact amount of such expense is unknown to plaintiff at this time and plaintiff will ask leave to amend this pleading to set forth the exact amount thereof when the same is ascertained by plaintiff, or plaintiff will offer proof thereof at the time or trial.

41. Defendant Michael Jackson by repeatedly making fraudulent representations to plaintiff has been guilty of oppression, fraud and malice; has engaged in conduct which is intended by said defendant to cause injury to the plaintiff; has engaged in conduct which is despicable conduct carried on by said defendant with the willful and conscious disregard of the rights or safety of plaintiff; has engaged in despicable conduct that subjects plaintiff to cruel and unjust hardship in disregard of plaintiff’s rights; and has used intentional misrepresentation, deceit and concealment of material facts known to said defendant with the intention of depriving plaintiff of his legal rights and otherwise causing injury to plaintiff, thereby entitling plaintiff to an award of exemplary and punitive damages in an amount to be determined at the trial.

SEVENTH CAUSE OF ACTION

(By Plaintiff Against All Defendants for Negligence)

42. Plaintiff repeats and incorporates herein by reference each and every allegation contained in paragraphs 1, 2 and 3, above.

43. Defendant Michael Jackson owed a duty to use ordinary care in his relationship with plaintiff and not to take advantage of plaintiff’s age or of plaintiff’s trust in defendant Michael Jackson. Further, defendant Michael Jackson was at all times obligated to comply with all provisions of the Penal Code of the State of California and other jurisdictions and to specifically comply with the Penal Code Sections alleged in paragraph 24, above.

44. Defendant Michael Jackson negligently had offensive contacts with plaintiff which were both explicitly sexual and otherwise.

45. As a direct and proximate result of the negligence of defendant Michael Jackson as alleged hereinabove, the plaintiff has suffered injury to his health, strength and activity, injury to his body and attack and injury to his nervous system, all of which injuries have caused and continue to cause plaintiff great mental, physical and nervous pain and suffering and emotional distress, all the plaintiff’s damage in an amount in excess of the minimum jurisdictional limit of the Superior Court.

46. As a further, direct and proximate result of the negligence of defendant Michael Jackson, the plaintiff was required to and did and will be required to employ health care professionals to examine, treat and care for plaintiff and has and will incur medical and incidental expenses. The exact amount of such expense is unknown to plaintiff at this time and plaintiff will ask leave to amend this pleading to set forth the exact amount thereof when the same is ascertained by plaintiff, or plaintiff will offer proof thereof at the time of trial.

WHEREFORE, plaintiff prays for judgment against defendants, and each of them, as follows:

1. For compensatory damages according to proof;

2. For exemplary and punitive damages according to proof;

3. For costs of suit incurred herein; and,

4. For such other and further relief as the Court deems just and proper.

Dated: September 14, 1993

LARRY R. FELDMAN, Esq.

FOGEL, FELDMAN, OSTROV, RINGLER & KLEVENS

A LAW CORPORATION

By:

LARRY R. FELDMAN

Attorneys for Plaintiff