JOHN F. PRENTICE, ESQ. SBN 87606
LARRY R. SHOCKEY, ESQ. SBN 167783
PRENTICE & SCOTT
433 Turk Street
San Francisco, CA 94102
Telephone: (415) 292-1660

Attorneys for Plaintiff

IN AND FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT

COMES NOW PLAINTIFF, Terri Nicole Hess, and who alleges and complains against Defendants PENINSULA BEVERLY HILLS, INC., a Delaware Corporation, PENINSULA BEVERLY HILLS MANAGEMENT, INC. a Delaware Corporation, JOSEPH VELEZ, DON KIREMIT, and DOES 1 - 50, as follows:

JURISDICTION AND PARTIES

1. This matter is properly before this court pursuant to Code of Civil Procedure §393, as the county in which the cause of action arose.

2. Plaintiff, at all times relevant hereto, is a resident of the City and County of San Francisco, State of California.

3. Defendant, Peninsula Beverly Hills, Inc., is a Delaware Corporation in good standing and doing business in the State of California.

4. Defendant, Peninsula Beverly Hills Management, Inc., is a Delaware Corporation in good standing and doing business in the State of California.

5. Defendant Luis Alvarado is and at all times relevant hereto, was employed by defendants Peninsula Beverly Hills, Inc. and Peninsula Beverly Hills Management, Inc., as the director of security for the Peninsula Beverly Hills Hotel.

6. Defendant Joseph Velez is and at all times relevant hereto, was employed by defendants Peninsula Beverly Hills, Inc. and Peninsula Beverly Hills Management, Inc., as a security guard at the Peninsula Beverly Hills Hotel.

7. Defendants Don Kiremit and Donald Turk are, and at all times relevant hereto, were employed by defendants Peninsula Beverly Hills, Inc. and Peninsula Beverly Hills Management, Inc., as security guards at the Peninsula Beverly Hills Hotel.

8. Plaintiff is informed and believes and thereon alleges that one or more of the doe defendants named herein are peace officers under the laws of the State of California, and at the time of the incident which is the subject matter of this action were sworn members of a law enforcement agency, exercising their law enforcement powers and duties while in an off-duty capacity while employed by defendant hotel.

9. Plaintiff is ignorant of the true names and capacities, whether individual, corporate or otherwise, of DOES 1 through 50, herein and prays leave of Court to insert the true names and capacities of such defendants when they become known or are ascertained together with appropriate charging allegations.

10. Plaintiff is informed and believes and thereon alleges that each of the defendants named herein was the agent, employee or representative of each of the remaining defendants and in doing the things herein mentioned, were acting in the course and scope of such agency and employment. It is further alleged that, in doing the acts or omissions complained of herein, defendants, and each of them, acted or omitted to act in concert as agents of and/or on behalf of the other defendants named herein.

FACTS

11. Plaintiff is a successful business woman, who is chairperson and chief executive officer of DechTar Direct, one of the the worlds largest advertising agencies, catering to the adult entertainment industry.

12. Plaintiff is a transsexual person, and had lived as a woman for more than a year at the time of the incident giving rise to this complaint.

13. During the course and scope of her business activities, plaintiff has traveled to the Los Angeles area frequently lodging and/or patronizing defendant's hotel facilities, The Peninsula Beverly Hills Hotel, as she enjoyed the privacy and intimacy it provided. Defendant is also the only five star, five diamond hotel in Beverly Hills.

14. On May 16, 1997, plaintiff checked into defendant hotel and had gone to the cocktail lounge known as "THE CLUB." WHILE IN THE CLUB, PLAINTIFF WAS CONVERSING WITH OTHER GUESTS AT THE BAR. DURING HER CONVERSATION, PLAINTIFF EXCUSED HERSELF AND WENT TO THE WOMEN'S RESTROOM. THIS WAS NOT UNUSUAL, AS PLAINTIFF HAD BEEN USING WOMEN'S FACILITIES FOR MORE THAN ONE YEAR PRIOR TO THIS DATE AND HAD USED THE WOMEN'S RESTROOM AT DEFENDANT'S HOTEL ON COUNTLESS PRIOR OCCASIONS.

15. As plaintiff exited the women's restroom, six men in civilian dress who plaintiff later learned were employed by defendant hotel as security guards, wrongfully restrained plaintiff, kicked her feet from under her, and slammed her face into the marble floor causing serious and lasting injuries to her nose and jaw.

16. These six men, who never identified themselves as being security guards or as otherwise being affiliated with defendant hotel, proceeded to strike plaintiff with their fists and to kick her with their feet. Plaintiff was struck in her face, torso, legs, arms and genital areas sustaining serious and lasting injuries. Plaintiff was then handcuffed and dragged to an area out of public view, which appeared to be a loading dock.

17. During this time, one of the Doe security guards placed his forearm across plaintiff's neck, choking her, and said in a menacing tone, "No one will ever know what happens to you in this room." Plaintiff's attackers continued to falsely imprison plaintiff and failed to remove the handcuffs from plaintiff's wrists, further exacerbating her injuries.

18. Uniformed officers from the Beverly Hills Police Department arrived.

19. Plaintiff was arrested by hotel security and was taken into custody by the Beverly Hills Police Department. Plaintiff was charged with violating Penal Code section 242, a battery. Plaintiff was booked, held in jail, and was given no medical treatment for her injuries, although it was obvious that she was in shock.

20. After being released by the police, at approximately 1:00 a.m., plaintiff returned to defendant hotel. As she crossed the lobby en route to her room plaintiff was stopped by the manager of defendant hotel who demanded that plaintiff immediately check out. Plaintiff saw her luggage on the floor near the front desk. She later learned that unknown employees of the hotel had illegally entered her room, thrown her possessions into her suitcase and had taken it to the registration area of defendant hotel. Plaintiff had paid Defendant for the room accommodations at the time of check in the day before and was legally entitled to possession of the room.

DAMAGES

21. As a result of the wrongful acts and omissions alleged herein, Plaintiff has and will continue to sustain loss of earnings, profits and medical expenses according to proof at time of trial.

22. As a further result of the wrongful acts and omissions alleged herein, Plaintiff has suffered and will continue to suffer humiliation, fear, embarrassment, emotional anguish and physical manifestations of extreme emotional distress to her damage in an amount to be determined according to proof at the time of trial.

23. As a further result of the wrongful acts and omissions alleged herein, Plaintiff was deprived of her civil rights under state and federal laws, and the constitutions of the State of California and of United States.

24. As a further result of the wrongful acts and omissions of the Defendants, the Plaintiff incurred medical, hospital and related expenses and legal fees regarding her wrongful arrest.

25. Plaintiff has been required to engage the services of private counsel to vindicate her rights under the law and is therefore entitled to reasonable attorneys' fees and costs.

26. The wrongful conduct of the individual Defendants, and each of them, was retaliatory, willful, wanton, reckless, and/or malicious and done in conscious disregard of the rights of the Plaintiff therefore entitling her the punitive and exemplary damages.

27. Wherefore, plaintiff is entitled to recover general damages for pain and suffering in an amount according to proof at the time of trial.

28. At the time this incident occurred, plaintiff's company was about to make a public stock offering worth millions of dollars. As the direct and proximate result of the wrongful conduct of defendants and each of them, plaintiff was unable to work for at least ninety (90) days following the incident, resulting in a delay of the public offering and a loss to plaintiff and to her company of millions of dollars. Plaintiff is entitled to recover economic damages in an amount to be determined at the time of trial.

29. Plaintiff is entitled to recover costs associated with her medical and psychological treatment which is on going and continuous, in an amount to be determined at the time of trial.

30. Furthermore the willful, wanton and egregious conduct of defendants and each of them entitle plaintiff to recover punitive damages in an amount of according to proof at time of trial.

WHEREFORE, Plaintiff prays for relief as hereinafter set forth.

FIRST CAUSE OF ACTION

Violation of Civil Rights

[42 U.S.C. §1983]

31. Plaintiff hereby incorporates the allegations contained in paragraphs 1 through 30 as though fully set forth and pleaded herein, and further alleges and states as follows:

32. Plaintiff is informed and believes and thereon alleges that one or more of the doe defendants named herein are peace officers under the laws of the State of California, and at the time of the incident which is the subject matter of this action were sworn members of a law enforcement agency, exercising their law enforcement powers and duties while in an off-duty capacity while employed by defendant hotel under color of authority.

33. On May 16, 1997, plaintiff, a paying guest of defendant hotel, walked from the hotel's cocktail lounge to the women's restroom. When plaintiff came out of the restroom, she was immediately set upon, brutalized and beaten by six plainclothes security guards. Plaintiff further alleges on knowledge and belief that these security guards were Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, all of whom were employed by defendant hotel and management company.

34. Plaintiff was handcuffed, and removed to a loading dock which was outside the public's view, and threatened with serious bodily harm.

35. An unknown Doe security guard told her, menacingly, that no one would ever know what happens "to you" in that room.

36. Plaintiff feared for her life.

37. Defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff repeatedly struck plaintiff with closed fists and kicked her with their feet, causing numerous serious and lasting injuries to various parts of plaintiff's body including, but not limited to her head, face, torso, arms, legs and genital areas.

38. At no time did plaintiff engage in any act which would justify the actions of defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff. Notwithstanding this fact, defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff physically subdued plaintiff, severely beat her, placed handcuffs on her wrists, and cause her to be subjected to arrest and imprisonment by the Beverly Hills Police Department.

39. As the direct and proximate result of the wrongful, willful, wanton and malicious acts of defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, plaintiff has been denied her right to be free of unlawful search and seizure, and unlawful arrest and detention, which are guaranteed by the fourth and fourteenth amendments to the Constitution of the United States.

40. The wrongful conduct of the defendants, and each of them, was willful, wanton, reckless, and/or malicious and done in conscious disregard of the rights of the Plaintiff therefore entitling her to punitive and exemplary damages.

WHEREFORE, Plaintiff prays for judgement as hereinafter set forth.

SECOND CAUSE OF ACTION

Conspiracy to Violate Civil Rights

41. Plaintiff hereby incorporates the allegations contained in paragraphs 1 through 40 as though fully set forth and pleaded herein, and further alleges and states as follows:

42. In doing the wrongful acts and omissions complained of herein, defendants, and each of them, entered into an agreement for the purpose of conspiring to violate the Constitutional rights of the plaintiff by falsely arresting and imprisoning plaintiff in violation of her Fourth and Fourteenth Amendment rights under color of authority. In furtherance of that conspiracy, the Defendants, and each of them, encouraged, authorized, ratified and/or condoned the acts and omissions committed against plaintiff in violation of her Fourth and Fourteenth Amendment rights, all under color of authority.

43. In doing the wrongful acts and omissions complained of herein, the defendants, and each of them, further entered into an unlawful agreement for the purpose of conspiring to violate the constitutional rights of the plaintiff by directing or participating in her unlawful arrest and imprisonment and inflicting upon her serious and lasting physical injuries under color of authority. In furtherance of that conspiracy, defendants Peninsula Beverly Hills, Inc. and Peninsula Beverly Hills Management, Inc., encouraged, authorized, ratified and/or condoned the acts and omissions of defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff.

WHEREFORE, Plaintiff prays for relief as hereinafter set forth.

THIRD CAUSE OF ACTION

False Arrest and Imprisonment

44. Plaintiff hereby incorporates the allegations contained in paragraphs 1 through 43 as though fully set forth and pleaded herein, and further alleges and states as follows:

45. Penal Code section 237 states that the unlawful violation of the personal liberty of another, e.g., false imprisonment, when effected by violence, menace, fraud, or deceit, shall be punishable by imprisonment in the state prison. At all times relevant hereto, Penal Code §237 was in full force and effect and binding upon defendants, and each of them.

46. On May 16, 1997, plaintiff, a paying guest of defendant hotel, was brutalized and beaten by six plainclothes security guards. Plaintiff further alleges on knowledge and belief that these security guards were Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, all of whom were employed by defendant hotel and management company. Plaintiff was handcuffed, falsely imprisoned and was removed to a loading dock which was outside the public's view.

47. Defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, repeatedly struck plaintiff with closed fists and kicked her with their feet, causing numerous serious and lasting injuries to various parts of plaintiff's body including, but not limited to her head, face, torso, arms, legs and genital areas.

48. At no time did plaintiff consent to said restraint, nor did she otherwise engage in any act which would justify the actions of defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff. Notwithstanding this fact, defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, physically subdued plaintiff, severely beat her, placed handcuffs on her wrists, and caused her to be subjected to wrongful arrest and false imprisonment.

49. Upon the arrival of the Beverly Hills Police Department, defendants Joseph Velez, Don Kiremit, and other Doe defendants, effected a private person's arrest pursuant to Penal Code section 142, and transferred plaintiff's custody to the Beverly Hills Police Department, and in so doing, defendants, and each of them, encouraged, directed and assisted sworn members of the Beverly Hills Police Department in procuring without process plaintiff's arrest and by false witness.

50. The wrongful conduct of the defendants, and each of them, was willful, wanton, reckless, and/or malicious and done in conscious disregard of the rights of the Plaintiff therefore entitling her to punitive and exemplary damages.

WHEREFORE, Plaintiff prays for judgement as hereinafter set forth.

FOURTH CAUSE OF ACTION

Assault

51. Plaintiff hereby incorporates the allegations contained in paragraphs 1 through 50 as though fully set forth and pleaded herein, and further alleges and states as follows:

52. Penal Code §241 makes it unlawful for an individual, who has the present ability to do so, to unlawfully attempt to commit a violent injury on the person of another. At all times relevant hereto, Penal Code §241 was in full force and effect and binding upon defendants, and each of them.

53. Defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, at all times relevant hereto threatened plaintiff with serious bodily harm.

54. Defendants Joseph Velez, Don Kiremit, and other Doe defendants, at all times relevant hereto, possessed the present ability to cause plaintiff to suffer serious bodily harm.

55. Plaintiff, at all times relevant hereto, feared that said defendants would inflict serious bodily harm upon her.

56. One unknown Doe defendant, while in the loading dock area of defendant hotel, placed his forearm across plaintiff's neck and threatened her with serious bodily harm.

57. The acts of said defendants, and each of them, was willful and intentional, and done with the intent of causing plaintiff to fear for her life.

WHEREFORE, plaintiff prays for judgement as hereinafter set forth.

FIFTH CAUSE OF ACTION

Battery

58. Plaintiff hereby incorporates the allegations contained in paragraphs 1 through 57 as though fully set forth and pleaded herein, and further alleges and states as follows:

59. Penal Code §243 makes it unlawful to willfully and unlawfully use force or violence upon the person of another.

60. Penal Code section 243 was in full force and effect, and binding upon defendants, and each of them, on May 16, 1997.

61. On May 16, 1997, plaintiff was willfully and unlawfully attacked and beaten by defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, employees of defendant hotel and management company.

62. At no time did plaintiff consent to said conduct, nor did she otherwise engage in any act which would justify the actions of defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff. Notwithstanding this fact, defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, physically subdued plaintiff, severely beat her, placed handcuffs on her wrists, and caused her to be subjected to arrest and imprisonment by the Beverly Hills Police Department.

63. Defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, repeatedly struck plaintiff with closed fists and kicked her with their feet, causing numerous serious and lasting injuries to various parts of plaintiff's body including, but not limited to her head, face, torso, arms, legs and genital areas.

64. The wrongful conduct of the defendants, and each of them, was willful, wanton, reckless, and/or malicious and done in conscious disregard of the rights of the Plaintiff therefore entitling her to punitive and exemplary damages.

WHEREFORE, Plaintiff prays for judgement as hereinafter set forth.

SIXTH CAUSE OF ACTION

Intentional Infliction of Emotional Distress

65. Plaintiff hereby incorporates the allegations contained in paragraphs 1 through 64 as though fully set forth and pleaded herein, and further alleges and states as follows:

66. On May 16, 1997, plaintiff, a paying guest of defendant hotel, was brutalized and beaten by six plainclothes security guards. Plaintiff further alleges on knowledge and belief that these security guards were Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, all of whom were employed by defendant hotel and management company.

67. At no time did plaintiff consent to said conduct, nor did she otherwise engage in any act which would justify the actions of defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff. Notwithstanding this fact, defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, physically subdued plaintiff, severely beat her, placed handcuffs on her wrists, and caused her to be subjected to arrest and imprisonment, in violation of the rights accorded to plaintiff under state and federal law.

68. The actions of defendants, and each of them, constituted outrageous, unprivileged conduct, going beyond all possible bounds of decency so as to be regarded as atrocious and utterly intolerable in a civilized community such as Beverly Hills.

69. Defendants, and each of them, engaged in said conduct with reckless disregard for the probability that their actions would cause plaintiff to suffer emotional distress.

70. As the direct and proximate result of the actions of defendants, and each of them, plaintiff has in fact suffered severe emotional distress.

WHEREFORE plaintiff prays for judgement as hereinafter set forth.

SEVENTH CAUSE OF ACTION

Negligent Infliction of Emotional Distress

71. Plaintiff hereby incorporates the allegations contained in paragraphs 1 through 70 as though fully set forth and pleaded herein and further alleges and states as follows:

72. Defendants, and each of them, through their negligence, wrongfully and erroneously determined that plaintiff had committed a public offense, and based thereon erroneously and negligently decided to arrest her.

73. As the result of defendants' negligent actions, plaintiff has suffered severe emotional distress.

74. Defendants' negligent conduct was the cause of said serious emotional distress.

WHEREFORE plaintiff prays for judgement as hereinafter set forth.

EIGHTH CAUSE OF ACTION

Negligent Hiring, Retention, Supervision and Assignment

75. Plaintiff hereby incorporates the allegations contained in paragraphs 1 through 74 as though fully set forth and pleaded herein and further alleges and states as follows:

76. Defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, at all times relevant hereto were employed by defendants Peninsula Beverly Hills, Inc., and Peninsula Beverly Hills Management, Inc. Each of the said employee defendants named herein was the agent, employee or representative of each of the remaining defendants and in doing the things herein mentioned, were acting in the course and scope of such agency and employment. It is further alleged that, in doing the acts or omissions complained of herein, defendants Joseph Velez, Don Kiremit, and other Doe defendants, currently unknown to plaintiff, and each of them, acted or omitted to act in concert as agents of and/or on behalf of the other defendants named herein.

77. Plaintiff is informed and believes and thereon alleges that defendants Peninsula Beverly Hills, Inc., and Peninsula Beverly Hills Management, Inc. failed to conduct a reasonable and adequate investigation into the background and qualifications of the security guards previously identified herein, and that had defendants Peninsula Beverly Hills, Inc., and Peninsula Beverly Hills Management, Inc. done so, they would have discovered that said security guards were unfit for duty as security guards and were likely to engage in the conduct described in this complaint.

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78. Plaintiff is informed and believes and thereon alleges that defendants Peninsula Beverly Hills, Inc., and Peninsula Beverly Hills Management, Inc. knew or should have known of the propensity of named security guards to commit the acts complained of herein, but notwithstanding said knowledge, negligently retained the services of named security guards in their employ.

79. Plaintiff is informed and believes and thereon alleges that defendants Peninsula Beverly Hills, Inc., and Peninsula Beverly Hills Management, Inc. knew or should have known of the propensity of named security guards to commit the acts complained of herein, but notwithstanding said knowledge, negligently failed to adequately supervise the named security guards.

80. Plaintiff is informed and believes and thereon alleges that defendants Peninsula Beverly Hills, Inc., and Peninsula Beverly Hills Management, Inc. knew or should have known of the propensity of named security guards to commit the acts complained of herein, but notwithstanding said knowledge, negligently failed to make appropriate work assignments for the named security guards which would have minimized the risk to the public which their conduct has caused.

81. Defendants' Peninsula Beverly Hills, Inc., and Peninsula Beverly Hills Management, Inc. negligence was outrageous constituting gross negligence and was the direct and proximate cause of plaintiff's injuries, thereby entitling plaintiff to recovery of actual and compensatory damages, exemplary damages, attorneys fees and the costs of this action.

WHEREFORE plaintiff prays for judgement as hereinafter set forth.

NINTH CAUSE OF ACTION

Violation of Civil Rights

[Civil Code §51]

82. Plaintiff hereby incorporates the allegations contained in paragraphs 1 through 81 as though fully set forth and pleaded herein and further alleges and states as follows:

83. At all times relevant hereto, California Civil Code §51, also known as the Unruh Civil Rights Act, was in full force and effect and binding upon defendants, its agents, representatives and employees as alleged herein. Said section prohibits employers from discriminating against employees on the basis of suspect, arbitrary classifications.

84. As of May 16, 1997, plaintiff had been the guest or patron of defendant hotel on numerous occasions. Plaintiff is informed and believes and thereon alleges that defendants, their employees, agents and representatives knew that plaintiff was a transsexual person, i.e., a person who was transitioning medically, physically and psychologically from one sex to another.

85. Plaintiff is further informed and believes and thereon alleges that the actions of defendants, their agents, employees, agents and representatives were directly related to her status as a transsexual person, in that defendants, and each of them, intended to deprive plaintiff of the full and equal accommodations, advantages, facilities, privileges, or services of its business establishment in violation of law.

86. Such conduct has denied and will continue to deny Plaintiff equal protection and the civil rights guaranteed by the Unruh Civil Rights Act.

87. As the direct and proximate result of the actions of defendants, their agents, employees, agents and representatives, plaintiff has been caused to suffer severe and lasting physical and psychological injuries, medical expenses, loss of income, and the expense of hiring counsel and prosecuting this action.

88. Section 52(a) of the Unruh Civil Rights Act sets forth the penalty to be imposed against individuals who discriminate against persons based on suspect, arbitrary classifications, including sexual orientation and transsexual status as being actual damages suffered, plus an award of up to three times actual damages, but in no case less than $1,000, plus attorney's fees.

WHEREFORE plaintiff prays for judgement as hereinafter set forth.

TENTH CAUSE OF ACTION

Violation of Civil Rights

[Civil Code §51.7]

89. Plaintiff hereby incorporates the allegations contained in paragraphs 1 through 88 as though fully set forth and pleaded herein and further alleges and states as follows:

90. At all times relevant hereto, California Civil Code §51, et seq., also known as the Unruh Civil Rights Act, was in full force and effect and binding upon defendants, its agents, representatives and employees as alleged herein. Section 51.7 thereof seeks to protect individuals from violence which is based on suspect, arbitrary classifications, including sexual orientation and transsexual status, or which is based upon a person's perception that an individual has one or more of those characteristics.

91. As of May 16, 1997, plaintiff had been and was on that date a guest or patron of defendant's hotel on numerous occasions. Plaintiff is informed and believes and thereon alleges that defendants, their agents, employees, agents and representatives knew or perceived that plaintiff was a transsexual person, i.e., a person transitioning from one sex to another.

92. Plaintiff is further informed and believes and thereon alleges that the violence perpetrated by defendants, their agents, employees, agents and representatives was directly related to her status as a transsexual person in violation of law.

93. Such conduct has denied and will continue to deny Plaintiff equal protection and the civil rights guaranteed by the Unruh Civil Rights Act.

94. As the direct and proximate result of the actions of defendants, their agents, employees, agents and representatives, plaintiff has been caused to suffer severe and lasting physical and psychological injuries, medical expenses, loss of income, and the expense of hiring counsel and prosecuting this action.

95. Section 52(b) of the Unruh Civil Rights Act sets forth the penalty to be imposed against individuals who engage in violence against persons based on suspect, arbitrary classifications, including sexual orientation and transsexual status, or who perpetrate in such violence based upon a perception that the individual possesses said characteristics as being actual damages suffered, plus an award of exemplary damages, a civil penalty of $25,000, plus attorney's fees.

WHEREFORE plaintiff prays for judgement as hereinafter set forth.

PRAYER

The Plaintiff prays for relief as follows:

1. Compensatory damages according to proof at time of trial;

2. General damages according to proof;

3. Punitive, exemplary, and treble damages according to proof;

4. For costs and reasonable attorney's fees;

5. For pre-judgment interest;

6. For such other and further relief as the court may deem just and proper.

Date: ______________________ PRENTICE & SCOTT

______________________________________

JOHN F. PRENTICE

Attorneys for Plaintiff

VERIFICATION

I, TERRI NICOLE HESS, declare:

I have read the foregoing COMPLAINT FOR DAMAGES and know the contents thereof.

The same is true and correct of my own knowledge, except as to those matters which are therein stated on information and belief, and, as to those matters, I believe them to be true.

I declare under penalty of perjury that the foregoing are true and correct to the best of my knowledge and belief.

Executed this ______ day is ______ day of _______________, 1997, at _____________________, California.

TERRI NICOLE HESS