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1 Gavril T.

Gabriel, [SBN: 296433]


LAW OFFICES OF GAVRIL T. GABRIEL
2 8255 Firestone Blvd., Suite 201
Downey, California 90241
3
Phone: (562) 758-8210
4 Fax: (562) 758-8219
Email: GGabriel@GTGLaw.Org
5

6 Attorney for PLAINTIFF,


7 ANTONIO GEORGAKOPOULOS

8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF ORANGECENTRAL JUSTICE CENTER
10

11

12 ANTONIO GEORGAKOPOULOS, an CASE NO.


individual,
13 COMPLAINT FOR DAMAGES:
Plaintiff,
14 V. (1) BATTERY
(2) ASSAULT
15 (3) FALSE IMPRISONMENT
MICHAEL BISPING, an individual, (4) INTENTIONAL INFLICTION OF
16
ULTIMATE FIGHTING EMOTIONAL DISTRESS
17 CHAMPIONSHIP, an entity of unknown (5) VICARIOUS LIABILITY
form; ZUFFA, LLC, a Nevada limited (6) NEGLIGENT SUPERVISION
18 liability company; WILLIAM MORRIS (7) NEGLIGENCE-PREMISES LIABILITY
ENDEAVOR ENTERTAINMENT, LLC,
19 a Delaware limited liability company; 24
20 HOUR FITNESS USA, INC., a California
corporation; and DOES 1 through 50,
21 inclusive,
Defendants.
22

23
Unlimited,
24 Jury Trial Demanded
25

26 Plaintiff, ANTONIO GEORGAKOPOULOS (hereafter referred to as "PLAINTIFF"),

27 alleges as follows:

28 ///

-1-
COMPLAINT FOR DAMAGES
1 I. GENERAL ALLEGATIONS

2 1. T h i s action arises out of and relates to the wrongful conduct of an Ultimate

3 Fighting Championship (hereafter referred to as "UFC") Mix Martial Arts ("MMA") fighter

4 choking a young male adult at a fitness gym located in Anaheim Hills, California.

5 2. P L A I N T I F F is, a nineteen-year-old male attending college who currently resides

6 in Orange County, California.

7 3. D e f e n d a n t , MICHAEL BISPING ("BISPING") and DOES 1-10 are, and at all

8 times relevant to this action were, on information and belief, an individual residing in Orange

9 County, California.

10 4. D e f e n d a n t , ULTIMATE FIGHTING CHAMPIONSHIP ("UFC") and DOES 11-

11 20 are, and at all times relevant to this action, an entity of unknown form, with its principal place

12 of business located in Las Vegas, Clark County, Nevada.

13 5. D e f e n d a n t , ZUFFA, LLC ("ZUFFA") and DOES 21-30 are, and at all times

14 relevant to this action, a Nevada limited liability company, with its principal place of business

15 located in Las Vegas, Clark County, Nevada.

16 6. D e f e n d a n t W I L L I A M MORRIS ENDEAVOR ENTERTAINMENT, L L C

17 ("WMEE") and DOES 31-40 are, and at all times relevant to this action, a Delaware limited

18 liability company, with its principal place of business located in Beverly Hills, Los Angeles

19 County, California.

20 7. D e f e n d a n t 24 HOUR FITNESS USA, INC. ("24 HOUR"), and DOES 41-50 are,

21 and at all times relevant to this action, a Delaware limited liability company, with its principal

22 place of business located in Beverly Hills, Los Angeles County, California.

23 8. D e f e n d a n t s , BISPING, UFC, ZUFFA, WMEE, 24 HOUR, and DOES 1-50 are

24 hereinafter collectively referred to as "DEFENDANTS."

25 9. T h i s i s the proper venue f o r this action because a t least one o f the

26 DEFENDANTS reside within the City of Anaheim Hills, County of Orange, California and the

27 causes of action arose out of an incident that took place in the County of Orange, California.

28 10. P L A I N T I F F is unaware of the true names, capacities, or basis for liability of

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COMPLAINT FOR DAMAGES
1 defendants DOES 1 through 50, inclusive, and therefore sues said defendants by their fictitious

names. PLAINTIFF will amend this complaint to allege their true names, capacities, or basis for

3 liability when the same has been ascertained. Unless specifically indicated otherwise, reference to

4 BISPING, UFC, ZUFFA, WMEE, 24 HOUR includes by reference DOE defendants 1 through

5 10, 11 through 20, 21 through 30, 31 through 40, and 41 through 50 respectively (BISPING,

6 UFC, ZUFFA, WMEE, 24 HOUR and DOES 1 through 50 are hereinafter singularly referred to

7 as "DEFENDANT" and collectively as "DEFENDANTS").

8 11. A t a l l times relevant t o this action, each DEFENDANT, including those

9 fictitiously named, was the agent, servant, employee, partner, joint-venturer, or surety of the other

10 DEFENDANTS and was acting within the scope o f said agency, employment, partnership,

11 venture, or suretyship, with the knowledge and consent or ratification o f each o f the other

12 DEFENDANTS in doing the things alleged herein.

13

14 H. R E L E V A N T FACTS

15 12. O n or about July 31, 2017 PLAINTIFF entered into the 24 Hour Fitness gym

16 located in Anaheim Hills, California sometime in the afternoon to workout.

17 13. D u r i n g the same time period, PLAINTIFF saw his friend "George" working out

18 on the second floor o f the gym and the two friends began talking and helping each other's

19 workouts by "spotting" or assisting each other on the decline bench press.

20 14. A f t e r George finished spotting PLAINTIFF, he turned away to workout at another

21 area approximately five feet away from PLAINTIFF. Suddenly and without provocation, George

heard a raised voice and turned around to witness BISPING yelling at PLAINTIFF for taking

BISPING'S weights.

24 15. P L A I N T I F F apologized to BISPING stating that he did not know the weights

25 were being used by BISPING but BISPING was unsatisfied with PLAINTIFF'S apology.

26 16. T h e r e a f t e r, BISPING stood very close to PLAINTIFF began yelling at him for

27 moving the weights that BISPING was using and saying things to PLAINTIFF such as "you little

28 punk," "idiot," and "you don't know who I am!"

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COMPLAINT FOR DAMAGES
1 17. A t some point, BISPING became physically violent by fully extending his right

2 arm to grab PLAINTFF by the throat and proceeded to squeeze PLAINTIFF'S neck for two to

3 three seconds not allowing PLAINTIFF to move or breath. PLAINTIFF feared that he was going

4 to lose consciousness. Luckily, a larger man than BISPING intervened and pulled BISPING

5 away from PLAINTIFF before PLAINTIFF lost his consciousness. However, at some time

6 thereafter, BISPING began to yell at PLAINTIFF "Let's take this outside!"

7 18. T h e r e a f t e r, 24 HOUR management intervened and separated both BISPING,

8 PLAINTIFF and the crowd that gathered around both individuals.

9 19. T h e Anaheim Police Department arrived at the 24 Hour Fitness at some point

10 thereafter and issued a private persons arrest form for assault and battery as a result of

11 BISPING'S actions.

12 20. P L A I N T I F F visited an urgent care center for intense throat pain the very next day

13 as a result of BISPING'S actions. PLAINTIFF has also seen otolaryngologist who has performed

14 an examination and recommended treatment as a result of the injuries suffered by PLAINTIFF

15 and the hands of BISPING. PLAINTIFF has also had nightmares, difficulty sleeping and anxiety

16 as a result of BISPING'S actions.

17 21. B I S P I N G is a champion mixed martial artist and the current UFC middleweight

18 champion whose nickname is "The Count." H e is an expert in boxing, kickboxing, karate, and

19 Ju-Jitsu who has been training since he was eight (8) years old. H e has a professional MMA

20 record of thirty (30) wins and seven (7) losses, who has won over half his fights using his hands.

21

22 III. F I R S T CAUSE OF ACTION


(Battery)
23 (Against BISPING and DOES 1 through 10)
24 22. P L A I N T I F F r e -alleges and incorporates b y reference the allegations o f

25 paragraphs 1 through 21 of this Complaint as if fully set forth herein.

26 23. A t all relevant times, PLAINTIFF was a nineteen-year-old male, working out at

27 the 24 Hour Fitness located in Anaheim Hills, California.

28 24. B I S P I N G touched, grabbed, choked, PLAINTIFF with the intent to harm

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COMPLAINT FOR DAMAGES
PLAINTIFF, as outlined above.

2 25. P L A I N T I F F did not consent to the touching, grabbing, and choking.

3 26. P L A I N T I F F was harmed by BISPING'S conduct.

4 27. T h e acts and/or omissions o f DEFENDANTS, and each o f them, caused

5 PLAINTIFF to suffer harm and economic damages, for the cost of medical, psychological and/or

6 psychiatric treatment, and PLAINTIFF is informed and believes that he may incur damages in the

7 future for the cost of future care, in amounts according to proof at trial.

8 28. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of

9 them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award

10 of punitive damages against DEFENDANTS, and each of them, according to proof at trial.

11 29. T h e damages caused by DEFENDANTS are well in excess of the minimum


140 12 subject matter jurisdictional amount of this Court, and will be demonstrated according to proof.
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13 W}{EREFORE, PLAINTIFF demands judgment as hereafter set forth.
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{,, z IV. S E C O N D CAUSE OF ACTION
43 z 15
t; (Assault)
16 (Against BISPING and DOES 1 through 10)
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00 17 30. P L A I N T I F F r e -alleges and incorporates b y reference the allegations o f

18 paragraphs 1 through 29 of this Complaint as if fully set forth herein.

19 31. B I S P I N G acted, intending to cause harmful o r offensive contact against

20 PLANTIFF.

21 32. P L A I N T I F F reasonably believed that he was about to be touched in a harmful or

22 offensive manner.

23 33. P L A I N T I F F did not consent to BISPING'S conduct.

24 34. P L A I N T I F F was harmed as a result of BISPING'S conduct.

25 35. B I S P I N G ' S conduct was a substantial factor in causing PLAINTIFF'S harm.

26 36. T h e acts and/or omissions o f DEFENDANTS, and each o f them, caused

27 PLAINTIFF to suffer harm and economic damages, for the cost of medical, psychological and/or

28 psychiatric treatment, and PLAINTIFF is informed and believes that he may incur damages in the

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COMPLAINT FOR DAMAGES
1 future for the cost of future care, in amounts according to proof at trial.

2 37. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of

3 them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award

4 of punitive damages against DEFENDANTS, and each of them, according to proof at trial.

5 38. T h e damages caused by DEFENDANTS are well in excess of the minimum

6 subject matter jurisdictional amount of this Court, and will be demonstrated according to proof.

7 WHEREFORE, PLAINTIFF demands judgment as hereafter set forth.

9 V. T H I R D CAUSE OF ACTION
(False Imprisonment)
10 (Against BISPING and DOES 1 through 10)
11 39. P L A I N T I F F r e -alleges and incorporates b y reference the allegations o f
Imo 12 paragraphs 1 through 38 of this Complaint as if fully set forth herein.

13 40. P L A I N T I F F was wrongfully restrained, confined, and/or detained by BISPING.


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14 41. B I S P I N G intentionally deprived PLAINTIFF of his freedom of movement by use
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16 42. T h e restraint, confinement, and/or detention compelled PLAINTIFF to stand in
or.
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18 43. P L A I N T I F F did not consent to the restraint, confinement, and/or detention.

19 44. P L A I N T I F F was actually harmed and BISPING'S conduct was a substantial

20 factor in causing PLAINTIFF'S harm.

21 45. T h e acts and/or omissions o f DEFENDANTS, and each o f them, caused

22 PLAINTIFF to suffer harm and economic damages, for the cost of medical, psychological and/or

23 psychiatric treatment, and PLAINTIFF is informed and believes that he may incur damages in the

24 future for the cost of future care, in amounts according to proof at trial.

25 46. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of

26 them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award

27 of punitive damages against DEFENDANTS, and each of them, according to proof at trial.
28 47. T h e damages caused by DEFENDANTS are well in excess o f the minimum

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COMPLAINT FOR DAMAGES
1 subject matter jurisdictional amount of this Court, and will be demonstrated according to proof.

2 WHEREFORE, PLAINTIFF demands judgment as hereafter set forth.

4 VI. F O U R T H CAUSE OF ACTION


(Intentional Infliction of Emotional Distress)
5 (Against BISPING and DOES 1 through 10)

6 48. P L A I N T I F F r e -alleges and incorporates b y reference the allegations o f

7 paragraphs 1 through 47 of this Complaint as if fully set forth herein.

8 49. B I S P I N G ' S conduct caused PLAINTIFF to suffer severe emotional distress.

9 50. B I S P I N G ' S conduct was outrageous because it goes beyond all possible bounds

10 of decency. BISPING'S conduct was outrageous because a reasonable person would regard the

11 conduct as intolerable in a civilized community.


coa", 12 51. B I S P I N G is a professional fighter and knows that he has power to cause physical
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13 damage to the general public, especially a nineteen-year-old with no professional fighting
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14 experience and knows that physically choking an individual would likely result in mental distress.
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17 knowing that PLAINTIFF was present when the conduct occurred.

18 53. B I S P I N G knew that emotional distress would probably result from BISPING'S

19 conduct or BISPING gave little or no thought to the probable effects of his conduct.

20 54. P L A I N T I F F suffered severe emotional distress including suffering, anguish,

21 fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame.

22 55. B I S P I N G ' S conduct was a substantial factor in causing PLAINTIFF'S severe

23 emotional distress.

24 56. T h e acts and/or omissions o f DEFENDANTS, and each o f them, caused

25 PLAINTIFF to suffer harm and economic damages, for the cost of medical, psychological and/or

26 psychiatric treatment, and PLAINTIFF is informed and believes that he may incur damages in the

27 future for the cost of future care, in amounts according to proof at trial.

28 57. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of

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COMPLAINT FOR DAMAGES
1 them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award

of punitive damages against DEFENDANTS, and each of them, according to proof at trial.

3 58. T h e damages caused by DEFENDANTS are well i n excess o f the minimum

4 subject matter jurisdictional amount of this Court, and will be demonstrated according to proof.

5 WHEREFORE, PLAINTIFF demands judgment as hereafter set forth.

7 VII. F I F T H CAUSE OF ACTION


(Vicarious Liability)
8 (Against UFC, ZUFFA, WMEE and DOES 11 through 40)
9 59. P L A I N T I F F r e -alleges a n d incorporates b y reference t h e allegations o f
10 paragraphs 1 through 58 of this Complaint as if fully set forth herein.
11 60. A n employer is responsible for harm caused by the wrongful conduct o f its
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16 ("EMPLOYERS") are responsible for the harm because BISPING was acting as his employee
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18 63. B I S P I N G was acting within the scope of his employment because working out at
19 a fitness gym is reasonably related to the kinds of tasks that BISPING was employed to perform
20 for his EMPLOYERS. Further, working out at a fitness gym is reasonably foreseeable in light of
21 the EMPLOYERS' business or BISPING'S job responsibilities as a MMA professional fighter,
22 especially considering BISPING has a championship fight that he is training for on November 4,
23 2017.
24 64. T h e acts and/or omissions o f DEFENDANTS, and each o f them, caused
25 PLAINTIFF to suffer harm and economic damages, for the cost of medical, psychological and/or
26 psychiatric treatment, and PLAINTIFF is informed and believes that he may incur damages in the
27 future for the cost of future care, in amounts according to proof at trial.
28 65. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of
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COMPLAINT FOR DAMAGES
them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award

of punitive damages against DEFENDANTS, and each of them, according to proof at trial.

66. T h e damages caused by DEFENDANTS are well i n excess o f the minimum

subject matter jurisdictional amount of this Court, and will be demonstrated according to proof

WHEREFORE, PLAINTIFF demands judgment as hereafter set forth.

VIII. S I X T H CAUSE OF ACTION


(Negligent Supervision)
(UFC, ZUFFA, WMEE and DOES 11 through 40)

67. P L A I N T I F F r e -alleges a n d incorporates b y reference t h e allegations o f

paragraphs 1 through 66 of this Complaint as if fully set forth herein.

68. P L A I N T I F F was harmed by BISPING and therefore, the EMPLOYERS are

responsible for that harm because EMPLOYERS negligently hired, supervised, and/or retained

BISPING.

69. E M P L O Y E R S hired BISPING as an MMA fighter to perform as a championship

fighter against other championship fighters.

70. B I S P I N G became unfit or incompetent to perform the work for which he was

hired to do as an M M A championship fighter for the EMPLOYERS because he has a high

tendency to engage in violent physical activity and cannot control his tendency to engage in

violent physical activity.

71. E M P L O Y E R knew or should have known that BISPING was or became unfit or

incompetent to execute his job duties and that this unfitness or incompetence as an MMA fighter

created a particular risk of physical injury to others.

72. B I S P I N G ' S unfitness harmed PLAINTIFF and EMPLOYERS negligence i n

hiring, supervising and/or retaining BISPING was a substantial factor in causing PLAINTIFF'S

harm.

73. T h e acts and/or omissions o f DEFENDANTS, and each o f them, caused

PLAINTIFF to suffer harm and economic damages, for the cost of medical, psychological and/or

psychiatric treatment, and PLAINTIFF is informed and believes that he may incur damages in the
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COMPLAINT FOR DAMAGES
1 future for the cost of future care, in amounts according to proof at trial.

2 74. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of

3 them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award

4 of punitive damages against DEFENDANTS, and each of them, according to proof at trial.

5 75. T h e damages caused by DEFENDANTS are well in excess of the minimum

6 subject matter jurisdictional amount of this Court, and will be demonstrated according to proof

7 WHEREFORE, PLAINTIFF demands judgment as hereafter set forth.

9 IX. S E V E N T H CAUSE OF ACTION


(Premises Liability)
10 (Against 24 HOUR and DOES 41 through 50)
11 76. P L A I N T I F F r e -alleges and incorporates b y reference the allegations o f

12 paragraphs 1 through 75 of this Complaint as if fully set forth herein.

13 77. P L A I N T I F F was also harmed because o f the way 24 HOUR managed its

14 property.

15 78. 2 4 HOUR owns, leases, occupies or controls the property located at 300 S

16 Festival Dr., Anaheim, California.

17 79. 2 4 HOUR was negligent in the use or maintenance of the property because 24

18 HOUR owed a duty to exercise reasonable care to PLAINTIFF, a business invitee and failed to

19 use reasonable care to keep the property in a reasonably safe condition. Further, 24 HOUR failed

20 to use reasonable care to discover any unsafe conditions and to give adequate warning of anything

21 that could be reasonably expected to harm others. Specifically, 24 HOUR knew or should have

22 known that BISPING was a dangerous, violent physical patron of 24 HOUR fitness that comes to

23 the property on a regular basis to train and workout at the fitness gym. BISPING can cause

24 serious physical injury and/or death with just his hands and feet. 2 4 HOUR could prevent or

25 protect the risk of serious physical injury or death with the use of additional security features,

26 such as video cameras or more staff in the workout areas.

27 80. 2 4 HOUR knows of BISPING'S reputation as a championship fighter and history

28 involving physical violence as a MMA championship fighter and BISPING'S frequent visits to

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COMPLAINT FOR DAMAGES
1 the 24 Hour fitness gym located in Anaheim, CA since he moved to Anaheim less than ten (10)

2 years ago.

3 81. P L A I N T I F F suffered injuries to his throat and neck and as a result was harmed.

4 82. 2 4 HOUR'S negligence was a substantial factor in causing PLAINTIFF'S harm.

5 83. T h e acts and/or omissions of DEFENDANTS caused PLAINTIFF to suffer harm

6 and economic damages for the cost of medical, psychological and/or psychiatric treatment, and

7 PLAINTIFF is informed and believes that he may incur damages in the future for the cost of

8 future care, in amounts according to proof at trial.

9 84. I n committing the acts and/or omissions alleged, DEFENDANTS, and each of

10 them, have been guilty of malice, fraud, or oppression and, therefore, PLAINTIFF seeks an award

11 of punitive damages against DEFENDANTS, and each of them, according to proof at trial.
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<e4 12 WHEREFORE, PLAINTIFF demands judgment as hereafter set forth.
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14 XII. P R A Y E R FOR RELIEF
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CO 0 Z 15 WHEREFORE, PLAINTIFF prays for judgment, against DEFENDANTS, and each of them, as
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woo 17 1. F o r general damages according to proof;
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18 2. F o r special damages according to proof;

19 3. F o r punitive damages in an amount appropriate to punish the DEFENDANT(S)

20 and deter others from engaging in similar misconduct on appropriate legal causes of action;

21 4. F o r prejudgment interest;

22 5. F o r costs of suit, including attorney's fees;

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COMPLAINT FOR DAMAGES
6. F o r such other relief as the Court deems just and proper.

2
DATED: October 2 . 3 2 0 1 7 LAW OFFICES 04 A L E L
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4
By:
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6 Gay T ' e l
Attorney r P L T I F F, A N T O N I O
7 GEORGAK O U L O S

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-12-
COMPLAINT FOR DAMAGES
DEMAND FOR JURY TRIAL

NOTICE IS HEREBY GIVEN that PLAINTIFF, ANTONIO GEORGAKOPOULOS,

hereby demands trial by jury in the above-entitled matter.

DATED: October 2 3 2 0 1 7 LAW OFFICES OF R I E L

By:

Ga . Gabri
Attorney for P L A I N T I F F, ANTONIO

GEORGAKOPOULOS

-13-
COMPLAINT FOR DAMAGES

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