10 n %B py 8 16 uv a 19 20 a cry 3 24 2s 26 a 28 copy Daniel A. Friedlander (SBN 206978) dan@legir.com LAW OFFICE OF DANIEL FRIEDLANDER 31355 Oak Crest Drive, Suite 250 SOORSANE RS Westlake Villge, CA $1861 ogg sanee 805-409-8710 805-435-6063 dd fplae MAY 05 2018 ttorneys for Plainti Josie: Haris ‘Shen R. Carter, Exeouthve Otier/Olerk ByStovon Orozs0, =. SUPERIOR COURT OF THE STATE OF ours iii COUNTY OF LOS ANGELES, NORT! MED DISTRICT ut Joste Haris, an individual, Case No. - > Plainti Complaint for: 1. Defamation, vs. 2. Intentional Infliction of Emotional Distress, and FLoyD MAYWEATRER, JR., an 3. Nopligent Infliction of Emotional individual, and DOES 1 through 10, Distress inclusive, [Unlimited Jurisdiction: Exceeds $25,000] Defendants. Demand for Jury Trial Plaintiff Josie Harris alleges as follows: INTRODUCTION 1. Around five o’clock in the morning on September 9, 2010, Floyd Mayweather, J, entered Josie Harris’s home, He found her asleep on the family-room sofa. Already worked up into a jealous rage, the world-champion boxer then grabbed sleeping Harris by her hair and started to viciously beat her—punching, striking, kicking, stomping, dragging, and tossing her around the housc—all right in front of their frightened children. Yet, in a nationally broadcast interview with Yahoo! Global News anchor Katie Couric on April 14, 2015—just two weeks before Mayweather’s “Aight of the century” with Manny Pacquizo—-Mayweather jmowingly and maliciously lied about his beating of Harris, disclaiming any responsibility for the attack and Complaint10 u 2 B 4 1s 6 y 18 19 20 a 2 23 4 25 26 27 28 Harris’s resulting serious injuries, Instead, Mayweather pointed his finger at Harri, labeling her asa drug-abuser and an aggressor who the world-class boxer had to “restrain.” 2, This action seeks damages for Mayweather’s false, malicious and defamatory statements about Harris made during the Couric interview. Mayweather’s vicious lies about Harris, made to a world-wide audience, were designed to hype Mayweather’s upcoming fight with Pacquiao (in which Mayweather is believed to have earned a staggering nine-figure income), to avoid bad press by deflecting responsibility for beating the mother of is children, and instead, to cast Harris asa violent, drug-abusing, aggressor who needed to be restrained, These lies were calculated to cause severe harm to Harris both personally and professionally. 3. Mayweather’s wrongful and unethical conduct is characteristic of his grandiose public and private persona, his recurring refusals to take responsibility for his own actions, and his willingness to maliciously disparage Harris in favor of self-promotion and self-preservation. In the days preceding a boxing match that had been in the works for years, a match that is believed to have garnered the highest purse and largest pay-per-view audience in history, Floyd “Money” Mayweather could not afford the bad press, public outery and backlash that would have certainly resulted had he truthfully answered Katie Couric’s questions about the morning of September 9, 2010, Instead, Mayweather chose to tell lies about Harris: lies that labeled her as a drug-abuser and an aggressor. Jurisprcrion aNp VENUE 4, Jurisdiction is proper in this Court because the amount in controversy exceeds $25,000.00. Venue in this Court and this judicial district is proper because Los Angeles County is the place of Plaintiffs residence and where she has suffered the primary harm from Defendant’s defamatory publication and his wrongful conduct. ‘Tae PARTIES 5. Defendant Floyd Mayweather, J.,is a well-known world-champion boxer. His residence is in Las Vegas, Nevada, Plaintiff Josie Harris is Mayweather’s former girlftiend of 1810 n 2 3 “4 1s 6 ” 18 9 2 2 23 4 25 26 7 28 years and is the mother of her and Mayweather’s three children, Her residence is in Valencia, California. 6. ‘The true names and capacities of the defendants named herein as Does | through 10, inclusive, are unknown to Plaintiff, Plaintiff is informed and believes, and based upon such information and belief alleges, that each such defendant was a participant in the wrongful acts hereinafter alleged and is in some way liable for the damages sustained by the Plaintiff. Plaintiff will amend her Complaint to assign their true names and capacities when they have been ascertained, 7. Atall times herein mentioned, each defendant was and is the agent and/or employee, and/or co-conspirator and/or partner, joint venturer or principal of the other defendants, and in doing the acts hereinafter alleged, was acting within the course and scope of such agency, employment, conspiracy, joint venturer, joint enterprise or partnership. Because of such relationship between defendants, and each of them, each defendant has knowledge and/or atithorized the wrongful acts of defendants, and each of the defendants, as set forth below by retaining the benefit of said wrongful acts or in some manner obtaining an edvantage they would not have otherwise received. The defendants, including Mayweather and Does 1 through 10, inclusive, are collectively referred to herein as “Defendants.” 8. Defendants and each of them, aided and abetted, encouraged and rendered substantial assistance in accomplishing the wrongful scheme and other wrongdoings complained of her In taking the actions, as particularized herein, to aid and abet and substantially assist the commission of the wrongful scheme and other wrongdoings complained of, each Defendant acted with an awareness of his, her and/or its primary wrongdoing and realized that his, her, and/or its conduct would substantially assist the accomplishment of the wrongful scheme and wrongdoing. Frrst CAUSE OF ACTION FOR DEFAMATION (Against All Defendants) 9. Harris hereby incorporates by reference paragraphs 1 through 8, as though fully set forth herein,10 u 2 13 4 1s 6 ” 18 19 20 a 22 2 24 25 a 28 10. In 2010, Harris lived in Las Vegas with her and Mayweather’s three children: Koran, Zion, and Jirah. Mayweather did not live with them. LL, Shortly after midnight on September 9, 2010, Harris returned home after a night out to be confronted by Mayweather, who had already made his way into her home and was waiting for her to walk through the front door. Although Harris and Mayweather’s 18-year relationship had ended, Mayweather, irate and irritable, peppered Harris with questions concerning her whereabouts and who she was dating. Upset that Harris was unwilling to disclose details about her personal relationships, Mayweather demanded that Harris move out of the home, which was owned by Mayweather. : 12, As the confrontation escalated and Mayweather refused to leave, Harris—in fear for her and her kids? safety—called 9-1-1, Once the police arrived, Mayweather asked that the officers remove Harris from “his” property. The officers refused Mayweather’s demands and convinced Mayweather to leave, Believing that the excitement was over for the night, Harris tucked her three kids back into bed and fell asleep on the family-room sofa, 13, Ataround 5:00 AM, Mayweather returned unannounced and uninvited to the house with his friend James Menair. He did not go to the front door. Instead, Mayweather entered the yard, knocked on the side-yard door that opened into his then-11-year-old son Koraun’s bedroom, and quietly pleaded with Koraun to be let in, Koraun opened the door, and ‘Mayweather and Mcnair entered the house. ind don’t come out.” 14. Mayweather ordered Koraun to “stay in your root Mayweather then walked toward the family room where Harris was sleeping on the sofa, while Menair remained between Mayweather and Koraun’s bedroom door 15, Harris was jarred from her sleep by a fuming Mayweather. He grabbed Harris by her hair with one hand and began slugging the back of her head with the other. An onslaught of these “rabbit-punches” ensued. Continuing to hold Harris by her hair and slam his closed fist into the back ofher head, Mayweather dragged Harris off ofthe sofa and across the room, knocking over family-room furniture and causing rug-burns to her face. 16. Mayweather then produced Harris’s iPhone and held it up in front of Harris’s face.10 uu 2 1B u 1s 16 "7 18 19 20 a 2 23 25 26 2a 28 While Harris was steeping, Mayweather had located Harris's phone, and found on ita series of text messages from someone named CJ. 17, Mayweather, over-taken by jealousy and rage, held Harris up from behind by her hair and started interrogating Harris about the source of the text messages and the identity of the sender. Mayweather screamed at Harris: “You bitch...Is it CJ. you fuckin’?” Dazed from the beating, Harris did not respond, He continued to strike her in the head while she begged ‘Mayweather to stop hitting her and pleaded for help. Mayweather continued his yelling tirade. 18, In the mayhem, Harris looked up and saw Menair blocking her panicked children, Koraun and Harriss 9-year-old son Zion, from entering the room and coming to her aid. Still clenching Harris’s hair, Mayweather punched the back of Harris’s head again and screamed, “Pll fucking kill you.” 19, Mayweather punched her again, keeping her prisoner by her hair as he continued his interrogation into the identity of C.J. In extreme pain and in fear for her life, Harris gave in to Mayweather’s demands and confirmed the identity of the sender of the text messages as CJ. Watson, Mayweather momentarily released his grasp on Harris’s hair and she fell to the ground. Mayweather once again demanded that Harris move out of the house. 20, Still infuriated and in an escalating rage, Mayweather grabbed Harris’s arm and twisted it behind her back when she tried to sit up. He then took hold of Harris's hair again and pulled, Harris pleaded with Mayweather to stop striking her. 21, Harris screamed over and over again for someone to call 9-1-1, She saw her children, now joined by her 7-year-old daughter Jirah, and screamed for them to call 9-1-1. The children saw their father continuing to hit Harris, kick her, and stomp on her shoulder. Harris pleaded with her children to “run down to the security gate and get help.” Mayweather faced his children, who were still being blocked from entering the family room by Menai, and ordered them not to go anywhere, Harris frantically begged her children to ignore Mayweather and find help. 22, Despite his father’s orders, Koraun darted into his bedroom, and out the door to the side yard. He jumped over the fence and sprinted down the street to try to get to the security10 u 2 13 4 18 16 W 18 19 20 a 2 23 24 2s 26 a 28 guardhouse, Seeing Koraun run, Mayweather released Harris and pursued Koraun, Koraun reached the guardhouse first, however, and asked the security guard to call for help. The guard, as well asa neighbor who heard Harris's screams, called 9-1-1, Harris, still pleading for help, reached the guardhouse and collapsed. 23. Mayweather got in his car and sped out the subdivision’s security gate. Harris was taken to the hospital in an ambulance, where she was treated for injuries to her head, face, and body, including multiple contusions, abrasions, and deep bruises, and other injuries caused by Mayweather’s beating. Mayweather turned himself in to the Las Vegas Police the next morning. Following a plea to a domestic-violence charge stemming from the altercation, Mayweather was sentenced to 90 days in ail ‘the Publication 24, On May 2, 2018, Mayweather fought Manny Pacquiao at the MGM Grand Garden Arena in Las Vegas. The fight, dubbed the “fight of the century,” was one of the most, anticipated boxing matches of alltime, and as expected, produced the largest pay-per-view television audience in history. On information and belief, Harris alleges that Mayweather earned in excess of $150,000,000 for 36 minutes in the ring. 25, Onor about April 14, 2018, Yahoo! Global News posted a video interview of Mayweather conducted by Yahoo!’s Global News anchor Katie Couric as one of the lead stories on its news.yahoo.com website. On information and belief, Harris alleges that the &-minute video interview entitled “Floyd Mayweather on ‘Fight of the Century’” was seen by millions of Yahoo!'s website visitors and others. 26, In the interview, Couric questioned Mayweather about the upcoming bout, his expected earnings, his training routine and preparation for the fight, his volatile relationship with his father, and his run-ins with the law, among other things. 27, Atapproximately 4 minutes and 48 seconds into the interview, Couric asked ‘Mayweather about his “issues with domestic violence.” In response to Courie’s questioning and referring specifically to the September 9, 2010, altercation with Harris, Mayweather gave the10 n 2 B uM 1s 16 v7 B 9 a 22 2 4 25 26 a following “explanation for what happened”: “Did I kick, stomp and beat someone? No, that didn’t happen. I look in your face and say, ‘No, that didn’t happen.” Did Irestrain a woman that ‘nas on drugs? Yes, Idid. So if they say that’s domestic violence, then, you know what? Pm guilty. ‘D'm guilty of restraining someone.” 28. Notonly would the average viewer of the video understand Mayweather’s explanation to mean that Harris was a drug-abuser or drug-addict; that Harris had to be restrained by Mayweather because she was under the influence of drugs at the time of the altercation; that it was Harris—not Mayweather—who was the aggressor in the altercation (again requiring that Mayweather “restrain” her); that it was Mayweather’s “restraint” of Harris that caused Hatris’s serious injuries, not Mayweather’s beating; and that Harris was a lit when she told the Police that Mayweather beat her and caused her serious injuries; but that is what any viewer would understand from those utterly false statements. There is no other way to understand them, 29, ‘The statements made by Mayweather during the Couric interview were totally and unequivocelly false and defamatory, ‘The true facts are that Harris was not a drug-abuser or drug- addict. Harris did not need to be “restrained” because she was on drugs. Harris was not the aggressor in the altercation. It was not Mayweather’s “restraint” of Harris that caused her serious injuries, rather it was his beating of her. Mayweather’s false statements are particularly hurtful, in that Harts is the victim of domestic abuse—abuse that was witnessed by Harris’s three young children—and she suffered serious injuries at the hands of an apathetic and unapologetic Mayweather. And Harris did not lie when she told the police that Mayweather beat, punched, and kicked her repeatedly in front of her children, causing her serious injuries, Harris and her children are and will continue to be humiliated and embarrassed by Mayweather’s vicious lies about her. 30. ‘The video interview with Mayweather’s false and defamatory statements about Harris ‘was prominently displayed as a headlining story on the front page of Yahoo! Global News’s main news website (news.yahoo.com), accessed daily by millions of people around the world. Because Mayweather’s “fight of the century” was then just two weeks away, because the video interview Complaint10 u 12 B uM 8 16 W 18 9 20 a 22 28 24 25 26 ro 28 was conducted by renowned veteran news anchor Katie Couric, and because of the interview’s prominent placement on Yahoo!’s front page (among other things), the video interview generated a great amount of web traffic and views. Harris is informed and believes that millions of people viewed the video and heard the false and startling assertions that Mayweather needed to restrain Harris because she was on drugs—assertions that were intentionally designed to deceive the public, while viciously defaming Harris. 31. Mayweather’s statements were reprehensible and deceitful. The statements paint a clear picture that Harris lied when she told the police that Mayweather repeatedly struck and beat her on the morning of September 9, The statements clearly cast Harris as a drugged-up aggressor who suffered her serious injuries because Mayweather restrained her. Anyone hearing ‘Mayweather’s statements would understand them in this way. 32, Mayweather’s statements described hereinabove are false, defamatory and slanderous of Harris within the meaning of California Civil Code Section 46, and constitute defamation per se. Not only did Mayweather’s false and unprivileged assertions accuse Harris of criminal behavior (drug use), Mayweather’ false public statements harm her professionally as well as. personally. As an aspiting television personality and author, Harris would become unemployable and unpublishable if potential employers or publishers believe that she is, or even might be, a drug abuser or addict, as Mayweather implies in the interview. Moreover, the audience for Harris's books would vastly diminish if she is perceived by the public to be a drug abuser or ifshe is perceived to have lied about Mayweather’s September 9 beating of her; and, like any author, her compensation is largely based on the size of her potential readership. 33. Inaddition, the damage to Harris’s personal reputation is severe in itself. ‘Mayweather’s defamatory assertions about Harris are particularly damaging on a personal level, in that Harts is the victim of Mayweather’s violent domestic abuse and in that, given the internet, the defamatory statements made in the video i iterview will be permanently on record, available forever to everyone in the world, so that, among many millions of others, Harris’s children and grandchildren will someday hear the false and vicious assertion that their mother and grandmother lied about being the victim of domestic abuse by Mayweather and, instead, was10 u 2 B 4 6 6 uv 18 9 a 2 a as 26 a 28 ‘a woman that had to be restrained by Mayweather because she was on drugs. 34, Mayweather’s publication of the foregoing false and defamatory statements about Haris was deliberate and malicious, Mayweather was fully aware that his statements about Haris were false when he published them. Those statements were knowingly fabricated in order to hype Mayweath upcoming fight with Pacquiao, to avoid bad press by deflecting responsibility for beating the mother of his children, and to cast Harris as a violent, drug-abusing, aggressor who he needed to restrain. 35. Asadirect and proximate result of Mayweather’s false and defamatory assertions, Harris has suffered and continues to suffer damages, personally and professionally, in an amount as yet unknown, but which plaintiff is informed and believes and, on that ground, alleges will exceed the sum of $20 million. When Harris has ascertained the full amount of damages, she will seek leave of Court to amend this Complaint accordingly. 36. Harris is informed and believes, and based thereon alleges, that Mayweather, in doing the things herein alleged, acted wilfully, maliciously, oppressively and despicably, and with full knowledge of the adverse effect of his actions on Harris and with willful and deliberate disregard for the consequences to Harris. By reason thereof, Harris is entitled to recover punitive and exemplary damages from Mayweather in an amount sufficient to punish Mayweather for his ‘wrongful conduct, to set an example and deter future like conduct. Mayweather cruelly and deliberately inflicted harm on Harris in order to promote his fight, avoid bad press, deflect responsibility for his domestic abuse onto the victim, and safeguard his upcoming nine-figure payday. 37. Mayweather’s statements about Harris were knowingly and demonstrably false and ‘were published with a malicious knowledge of their falsity, as a means of avoiding a public outery and backlash ahead of the most important fight of his career, 38. On April 15, 2105, Harris’s counsel sent Mayweather and his counsel written notice, demanding that Mayweather retract his false assertions about Harris. This gave Mayweather an opportunity to prevent an increase in the damages he had caused Harris, as word virally spread that Harris was a drug-user that had to be restrained by Mayweather, But Mayweather had no ‘Complaint10 n 2 B “4 1s 16 7 18 1% 20 a 2 23 25 a 28 intention of correcting the false and damaging impression he had created or trying to prevent an inctease in the damages he had caused. On April 16, 2015, Mayweather’s counsel responded that he was unwilling to discuss Harris's demand until after the May 2 fight. Despite further attempts by Harris to solicit a retraction of the statements (or even a substantive response) from Mayweather, Mayweather has failed and refused to retract any part of what Mayweather said to millions of viewers in his interview with Katie Couric. SECOND CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Against All Defendants) 39. Harris hereby incorporates by reference paragraphs 1 through 38, as though fully set forth herein. 40. ‘The statements made by Mayweather during his interview with Courie were totally and unequivocally false. Despite Mayweather’s assertions, Harris was not a drug-abuser or drug- addict; Hartis did not need to be “restrained” because she was on drugs; Harris was not the aggressor in the altercation; it was not Mayweather’s “restraint” of Harris that caused her injuries, rather it was his beating of her; and Harris did not lie when she told the police that Mayweather beat, punched, and kicked her repeatedly in front of her children, causing her serious injuries. 41. Mayweather’s statements falsely cast Harris asa drug-abuser or drug-addict, es a woman that had to be restrained by Mayweather because she was under the influence of drugs at the time of the altercation, as the aggressor in the altercation that needed restraining by Mayweather, and as a liar. Mayweather published false, unfair, and inaccurate depictions about Harris, which are highly offensive to Harris and would be highly offensive to a reasonable person similarly situated. 42. Mayweather’s statements were knowingly fabricated in order to hype Mayweather? upcoming fight with Pacquiao, for the purpose of increasing his earnings and profit, to avoid bad press by deflecting responsibility for beating the mother of his children, and to cast Harris as a10 n 12 B “ 18 16 7 8 9 20 a 2 3 4 25 26 2 28 violent, drug-abusing, aggressor who he needed to restrain, and to maximize his upcoming nine- figure payday. By making false accusations Mayweather also sought to exploit media attention for himself, by which he intended to benefit commercially at the expense of Harris, 43. Mayweather’s conduct was intentional and malicious and done for the purpose of causing Harris to suffer humiliation, mental anguish and emotional and physical distress. 44. As adirect and proximate result of the aforesaid wrongful acts of Mayweather, Hartis has suffered and continues to suffer humiliation, mental anguish and emotional and physical distress, and has been damaged in an amount to be proven at trial, but which is believed to be in excess of Twenty Million Dollars ($20,000,000). When Haris has ascertained the full amount of damages, she will seck leave of Court to amend this Complaint accordingly. 45, Harris is informed and believes, and based thereon alleges, that Mayweather, in doing the things herein alleged, acted willfully, maliciously, oppressively and despicably, and with full knowledge of the adverse effect of his actions on Harris and with willful and deliberate disregard for the consequences to Harris, By reason thereof, Harris is entitled to recover punitive and exemplary damages from Mayweather in an amount sufficient to punish Mayweather for his ‘wrongful conduct, to set an example and deter future like conduct, ‘THIRD CaAUsE OF ACTION FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (Against All Defendants) 46. Harris hereby incorporates by reference paragraphs 1 through 45, as though fully set forth herein, 47. Inthe event Mayweather’s conduct inflicting emotional distress on Harris is not deemed intentional, said misconduct should be deemed negligent. 48, Asadirect and proximate result of the aforesaid wrongful acts of Mayweather, Harris has suffered and continues to suffer humiliation, mental anguish and emotional and physical distress, and has been damaged in an mount to be proven at tral, but which is believed to be in excess of Twenty Million Dollars ($20,000,000), When Harris has ascertained the lull amount of a ‘Complaint10 a 2 w “ 5 6 w 18 9 20 a 2 2 25 26 ar damages, she will seek leave of Court to amend this Complaint accordingly, PRAYER For RELIEF WHEREFORE, Harris prays for judgment against Defendants on all causes of action as follows: On the frst cause of action for defamation: (1) General and special damages against Defendants, and each of them, in accordance with proof a trial, together with interest thereon at the Legal rates (2) Exemplary and punitive damages; On the second cause of action for intentional infliction of emotional distress: () General and special damages against Defendants, and each of them, in accordance with proof at tial, ogether with interest thereon atthe legal rates (4) Exemplary and punitive damagess On the third cause of action for negligent infliction of emotional distress: (5) General and special damages against Defendants, and each of them, in accordance with proof at trial, together with interest thereon at the legal rate; On all causes of action: (6) For costs of suit; (b) For interest as may be provided by law; and/or (©) For such other relief as the Court shall deem just and proper. May 4, 2015 LAW OFFICE OF DANIEL FRIEDLANDER oo Daniel A. Friedlander, Esq. Attorneys for Plaintiff Josie Harris Er ‘Complaint