Complaint 1

1SHAWN D. TILLIS, ESQ.
(SBN 224539)
FILED/ENDORSED
THE TILLIS LAW FIRM
2 555 12th Street, 5th Floor SEP 0 1 2020
Oakland, CA 94612
3 Tel: (510)628-6110 K .lohnson
Fax:(510)210-9844 By: Deputy Clerk
4 Email: shawn(^tillislaw.com
5 JOHN D. WINER, ESQ. (SBN 091078)
WINER, BURRITT & SCOTT, LLP
6 1999 Harrison Street, Suite 600
Oakland, CA 94612
7 Tel: (510)433-1000
Fax:(510)433-1001
8
Attomeys for Plaintiff
9
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 IN AND FOR THE COUNTY OF SACRAMENTO-UNLIMITED JURISDICTION
13
14 GIANA LEE CaseNo. 34S202 0"00 28 A88 ^
15 PiaintifiF, COMPLAINT FOR DAMAGES
16 vs. 1. Assault;
2. Battery;
17 ST. PAUL MISSIONARY BAPTIST CHURCH;
JOHN BERNARD BLACK SR.; KELLI
3. Intentional Infliction of Emotional
Distress;
PQ
18 ADRL\NN BLACK; EPHRAIM WILLIAMS, 4. Sexual Battery (Cal. Civ. Code
Ph.D.; and DOES 1 THROUGH 50, inclusive. §1708.5);
19 5. Violence or Intimidation Based on
Defendants Sex (Cal. Civ. Code §51.7);
20
6. Gender Violence & Sexual Assault
21 (Cal. Civ. Code § 52.4);
7. Sexual Harassment (Cal. Civ. Code
22 §51.9);
8. Negligent Hiring Supervision &
23 Retention; and
9. General Negligence
24
Filed Pursuant to C.C.P. §340.1
25
Demand for Jury Trial
26
27
28
COMPLAINT FOR DAMAGES

1 Plaintiff Giana Lee (hereinafter "Plaintiff"), for her complaint against Defendants St.
2 Paul Missionary Baptist Church; John Bernard Black, Sr.; Kelli Adriann Black; Ephraim
3 Williams, Ph.D.; and DOES 1 through 50, inclusive (hereafter sometimes collectively referred to
4 as "Defendants") alleges as follows:
5 JURISDICTION AND VENUE
6 1. This Court has jurisdiction and venue as at least some of the wrongful acts alleged
7 herein occurred in the County of Sacramento, State of Califomia.
8 2. Subject matter in this action is properly heard in this Court, as the action
9 incorporates an amount in controversy as set forth in the complaint which exceeds $25,000.00.
10 PARTIES
11 3. Plaintiff is a 37-year-old adult female resident of Califomia. She brings this action
12 pursuant to C.C.P. section 340.1 for the childhood sexual abuse she suffered at the hands of John
13 Bemard Black, Sr. with the negligent and/or intentional aid, knowledge, consent, assistance of
14 Defendants St. Paul Missionary Baptist Church, Kelli Adriann Black, Ephraim Williams, and
15 Does 1 through 50.
16 4. Plaintiff is informed and believes that Defendant St. Paul Missionary Baptist
17 Church (hereinafter "SPMBC") is, and at all times herein relevant was, a Califomia corporation
18 with a principal place of business in Sacramento, Califomia.
19 5. Defendant John Bemard Black, Sr. ("hereinafter "John Black") is an aduh male.
20 At all times relevant herein, he was a Califomia resident. On information ahd belief, at all times
21 relevant herein Mr. Black was pastor or minister at a church affiliated with SPMBC.
22 6. Defendant Kelli Adriann Black is an adult female. At all times relevant herein,
23 she was a Califomia resident, John Black's wife, and Plaintiffs mother.
24 7. Defendant Dr. Ephraim Williams is an adult male. At all times relevant herein, he
25 was a Califomia resident, and on information and belief was a pastor or rninister at SPMBC. On
26 information and belief, his current status with the said church is pastor emeritus. At all times
27 herein relevant Mr. Williams was head pastor and president of SPMBC, thereby making him a
28 senior managing agent of the same.

1 8. The true names or capacities, whether individual, corporate, associate or
2 otherwise, of Defendants DOES 1 through 50, inclusive, are unknown to Plaintiff, who therefore
3 sues said Defendants by such fictitious names. Plaintiff is informed and believes, and thereon
4 alleges, that each of the Defendants designated herein as DOE is legally responsible in some
5 manner for the events and happenings herein referred to, and, in doing the actions mentioned
6 below, was acting individually and as an agent of the District and DOES 1 through 50. Plaintiff
7 will amend this Complaint to allege the tme names and capacities of such Defendants when they
8 are ascertained. Upon information and belief, each of the said DOE Defendants is responsible in
9 some manner under C.C.P. §340.1 (a) (1), (2), and (3) and § 340.1(b)(2).
10 9. At all times relevant hereto, each of the Defendants was the agent, employee,
11 supervisor, servant ahd joint venturer of each of the remaining Defendants, and, in doing the
12 things hereafter alleged, each Defendant was acting within the course, scope and authority of
13 such agency, employment and joint venture, and with the consent and petrnission of each ofthe
14 other Defendants. All actions bf each Defendant alleged in the causes of action in which this
15 paragraph is incorporated by reference were ratified and approved by the officers and/or
16 managing agents of every other Defendant.
17 10. Defendants, and each of them, had actual and/or constmctive knowledge of John
18 Black's sexual abuse of Plaintiff but nonetheless failed to take reasonable steps to stop it, thereby
19 allowing Mr. Black to continue his abuse of Plaintiff with and, moreover, ratifying the same.
20 11. On information and belief, at all times relevant herein. Defendants, and each of
21 them, as well as their employees and managing agents were mandated reporters imder Califomia
22 Penal Code §11165.7. As such, they were required by Califomia law to immediately report all
23 known or suspected instances of child abuse or negligence—including child molestation and
24 emotional abuse—^to their local police or sheriffs department.
25 12. On information and belief. Defendants, and each of them is responsible for Mr.
26 Black's abuse of Plaintiff as well as the resulting harm or damages pursuant to Defendants is
27 responsible in some manner under C.C.P. §340.1 (a) (1), (2), and (3) and § 340.1(b).
28

1 FACTUAL ALLEGATIONS
2 13. On information and belief, St. Paul's Missionary Baptist Church (or "SPMBC") is
3 a large approximate 5000-member congregation that, among other things, has a ministry, school
4 and wellness center. At all times herein relevant, the church was led by Defendant Dr. Ephraim
5 Williams and Defendant John Black was one ofhis ministers. On information and belief, at all
6 times herein relevant Defendant Kelli Black was also a member of the Church.
7 A. JOHN BLACK'S SEXUAL ASSAULT OF GIANA
8 14. Plaintiff Giana Lee was bom in 1983. She is 37 years old.
9 15. When Giana was 11 years old, Defendant John Bemard Black, Sr. (hereinafter
10 "John Black" or "Mr. Black") her soon-to-be stepfather moved in with her mother, he was three
n to four years younger than her mother. Defendant Kelli Adriann Black (hereinafter "Ms. Black").
12 From the start, Mr. Black singled out Giana for attention—^more than he showed towards Giana's
13 siblings. For example, he allowed her to stay up when all the other children were asleep. Shortly
14 thereafter, he began sexually molesting and raping her.
15 16. The abuse started in approximately 1994 when Giana was only 11 years old. The
16 first occurrence of it took place in Mr. Black's home in Giana's room while she was asleep.
17 Giana had a room by herself She woke up to Mr. Black caressing her stomach and breasts. At
18 first, she could not see who it was but then sat up and saw that it was Mr. Black. The next day,
19 Giana told her mother, Ms. Black what Mr. Black had done to her. Instead of confronting Mr.
20 Black, Ms. Black told Giana that it was her (Ms. Black) that was checking on her. In other
21 words, she tried to trick Giana into believing that Mr. Black did not come into her room the prior
22 evening and abuse her.
23 17. The next night Giana shut her room door and lined up all of her stuffed animals
24 against it. That way, in the moming, she could tell if someone had entered her room. When she
25 woke up the next moming her stuff animals had been thrown about the room, but she could not
26 figure out what had happened. Subsequently, Giana would wake up and notice her shorts or
27 underwear gone or rolled up in her blanket.
28

1 18. After this, Mr. Black escalated his abuse of Giana. He began to fondle her during
2 the day and stick his hands down her pants and rubbing her private parts. He would contrive
3 reasons to take her on errands with him so that he could be alone with Giana. He told her to
4 where shorts and skirts when she accompanied him so that he could have easy access to her
5 body. By this time, Giana was terrified of her father and felt she would risk further abuse from
6 him if she did not comply—especially given her own mother's apparent complicity.
7 19. When Giana was approximately 12 or 13 years old, John Black put her on birth
8 control and began having sexual intercourse and oral sex with her. The first time he raped her
9 was in the family home. Prior to this, he told her that he did not want to be her first and arranged
10 for her to have sex with the young boy she was dating at the time. It was a horrible and
11 humiliating experience for Giana. Approximately a week later, Mr. Black forced his way into
12 Giana's room, grabbed her legs, forced the lower portion of her body on the edge of the bed and
13 said, "tonight's the night." He then forced his penis inside her.
14 20. On information and belief, Ms. Black knew, or should have knovm, that her
15 husband was abusing her daughter but did nothing to stop it and even pretended that it was not
16 happening. As a result, John Black's sexual abuse of Giana continued unabated. John Black
17 would go on to repeatedly sexually molest and rape Giana until approximately her 16* birthday
18 or for several more years.
19 21. Plaintiff would lie in bed at night filled with dread and despair as to what was
20 about to come. Between the ages of 13 and 15, the rapes occurred ever other night. Often times,
21 she'd wake up in the rniddle of the night to find him on top of her. In addition to sexual
22 intercourse, Mr. Black also performed cunnilingus on Giana. He took her to sex stores with him
23 to buy paraphemalia that he would later use on her. He bought her sex books, crotch-less
24 underwear and small vibrators. Sometimes he'd take her to hotels, in order to have sex with her
25 without the fear of someone walking in on them.
26 22. In addition to the family's home in Sacramento, Mr. Black's sexual assault of
27 Giana also occurred at Mr. Black's places of employment and on Defendant St. Paul Missionary
28

1 Baptist Church's premises. Mr. Black sexually abused Giana inside the church and in a car
2 while parked in the church's parking lot.
3 23. When Giana was approximately between the ages of 15 and 16 years old, she told
4 her then boyfriend about Mr. Black's sexual abuse of her. The boyfriend told her that if she did
5 not tell someone he would, so Giana told her grandmother and they both went to the police. The
6 grandmother told Giana's mother. Defendant Ms. Black that they had gone to the police station,
7 and Ms. Black said that she would remove her husband from the home.
8 24. However, when Giana retumed home, Ms. Black started working her over, telling
9 Giana that if she did not recant what she told the police her siblings would be put in foster care.
10 She told Giana tb tell the detective that it did not happen, that she lied because her stepdad would
11 not let her see her boyfriend. Ms. Black promised her that she would never see him again, but
12 she did not want the kids taken away.
13 25. Under this pressure, Giana told the detective that she had lied to him. However,
14 the detective did not believe her, saying " I have been doing this for a long time, and you were
15 telling the tmth before, but did someone talk to you?" or words to that effect. The entire time
16 Giana was being interviewed by the detective, Ms. Black was looking at her through the window.
17 26. After the detective left, on information and belief, Ms. Black took the detective's
18 business card from Giana andflushedit down the toilet. Later she hired an attomey to prevent
19 the police from talking to Giana.
20 27. Subsequently, Ms. Black took Giana to see a therapist. The therapist told them
21 that the reason her stepfather married her was she had that a young daughter in the house that he
22 could molest. Ms. Black never took Giana back to see that therapist.
23 B. SPMBC and Dr. Williams Intimidates and Silences Giana
24 28. Subsequently and/or contemporaneously, Ms. Black told Giana that Defendant
25 Ephraim Williams would be providing her counseling relating to Mr. Black's sexual abuse.
26 When they arrived at the church they were greeted by the receptionist and asked to wait in the
27 reception area to be called. Moments later, they were called into Dr. Williams' larger office.
28 Giana was told to sit across from Dr. Williams at Dr. Williams' desk; Ms. Black sat on

1 the backside and out of Giana's view. Dr. Williams looked menacing at Giana and said,
2 "we don't lie on good pastors!" " I am not lying," she replied. Dr. Williams then said,
3 "we do not lie on good men." Giana repeated that she was not lying, that Mr. Black had
4 repeatedly sexually abused her, including on church premises. Dr. Williams said
5 nothing more and just glared at Giana with disgust and disapproval. Giana was visibly
6 shaken. Ms. Black then came up behind her and said, "let's go, Giana." She grabbed
7 Giana by the arm and hurried out of the office. On the way home, Ms. Black was silent.
8 That night, Mr. Black came into Giana's room and raped her again. Subsequently, Giana left her
9 mother's home and moved in with her grandmother.
10 29. The sexual assaults continued until Giana's sophomore or junior year in high
11 school. Giana confided in her history teacher about Mr. Black's sexual abuse. The police came
12 to the school, but nothing ever came of Giana's report.
13 30. Defendants knew or should have known about John Black's sexual assault of
14 Giana but failed to take reasonable actions to stop it and, on the contrary sought to cover it up by,
15 among other things, intimidating Giana into remaining silent and limiting the authorities access
16 to her.
17 FIRST CAUSE OF ACTION
Against All Defendants and DOES 1 through 50
18 (Assault)
19 31. Plaintiff hereby incorporates herein by reference paragraphs 1 through 30 and

20 realleges the same herein as though fully set forth.
21 32. The foregoing conduct alleged constituted separate and distinct assaults upon
22 Plaintiff. John Black, as set forth in detail above, acted with intent to cause an imminent,
23 unwelcome fear of offensive contact with the Plaintiff, and a fear of imminent and unwelcome
24 contact resulted each time John Black touched Plaintiff.
25 33. Plaintiff apprehended and did not consent to these intimate contacts.
26 34. John Black's conduct alleged herein was intentional, outrageous, and malicious
27 and committed for the purpose of causing Plaintiff to suffer humiliation, mental anguish, and
28 severe physical and emotional distress.
7
1 35. Defendants Dr. Ephraim Williams, Kelli Black, and DOES 1 through 50, and each
2 of them, had actual and/or constmctive knowledge of John Black's sexual abuse of Plaintiff but
3 nonetheless failed to take reasonable steps to stop it, thereby allowing Mr. Black to continue his
4 abuse of Plaintiff and, moreover, ratifying the same.
5 36. As a direct and proximate result of Defendants conduct as herein above alleged.
6 Plaintiff was injured in her strength, health, and activity, sustaining shock and injury to her
7 nervous system, all of which have caused and continue to cause Plaintiff severe emotional
8 distress, great mental pain, embarrassment, humiliation, anguish and suffering, all to her damage
9 in an amount in excess of the minimum subject-matter jurisdiction ofthis Court and according to
10 proof
11 37. As a direct and proximate result of the unlawful conduct described above.
12 Plaintiff has suffered, and continues to suffer, special damages including, but not limited to,
13 losses in eamings, bonuses, deferred compensation, employment benefits, eaming capacity,
14 opportunities for employment advancement and work experience, and other damages to be
15 proven at the time of trial .
16 38. As a direct and proximate result ofthe unlawfiil conduct of Defendants, and each
1.7 of them. Plaintiff has suffered, and continues to suffer, general damages, including, but not
18 limited to, shock, embarrassment, physical distress and injury, humiliation, emotional distress,
19 stress, and other damages to be proven at the time of trial.
20 39. In doing the acts alleged herein. Defendant acted willfully, maliciously and
21 oppressively and conducted himself with a conscious disregard of Plaintiffs rights. Therefore,
22 Plaintiff is entitled to an award of punitive damages against Defendant to punish and deter said
23 defendant from similar conduct in the future.
24 WHEREFORE, Plaintiff prays for judgment as set forth below.
25 SECOND CAUSE OF ACTION

26 (Battery)

28 realleges the same herein as though fiilly set forth.
8
1 41. In doing the acts set forth in detail above, John Black acted with intent to cause
2 harmful or offensive contact with the body of Plaintiff, and offensive or harmful contact directly
3 resulted each and every time he touched Plaintiff.
4 42. John Black acted with intent to cause harmful or offensive contact with the body
5 of Plaintiff, and offensive or harmfiil contact directly resulted each and every time he touched
6 Plaintifif.
7 43. Plaintiffdid not consent to John Black's offensive touching.
8 44. John Black's conduct alleged herein was intentional, outrageous, and malicious
9 and committed for the purpose of causing Plaintiff to suffer humiliation, mental anguish, and
10 severe physical and emotional distress.
11 45. Defendants Dr. Ephraim Williams, Kelli Black, and DOES 1 through 50, and each
12 of them, had actual and/or constmctive knowledge of John Black's sexual abuse of Plaintiff but
13 nonetheless failed to take reasonable steps to stop it, thereby allowing Mr. Black to continue his
14 abuse of Plaintiff and, moreover, ratifying the same.
15 46. As a direct, proximate, and foreseeable result of Defendants' conduct. Plaintiff
16 has been injured as previously set forth.

17 WHEREFORE Plaintiff prays for judgment as set forth below.
18 THIRD CAUSE OF ACTION

19 (Intentional Infliction of Emotional Distress)

22 48. The conduct of Mr. Black in this respect was intentional, outrageous, malicious,
23 and done for the purpose of causing Plaintiff to suffer hurhiliation, mental anguish, and severe
24 emotional distress.
25 49. The despicable conduct of Mr. Black as alleged above was done with the intent to
26 cause injury to Plaintiff and was done willfully, with a conscious disregard for Plaintiffs rights.
27
28

1 50. Defendants and DOES 1 through 50, and each of them, sexual abuse alleged
2 herein was intentional, outrageous, malicious, and committed for the purpose of causing Plaintiff
3 to suffer humiliation, mental anguish, and severe physical and emotional distress.
4 51. Given Plaintiffs young age. Defendants knew or should have known that Plaintiff
5 was particularly susceptible to having physical and psychological injuries.
9 53. As a direct, proximate, and foreseeable result of Defendants' conduct, PiaintifiF

11 WHEREFORE Plaintiff prays forjudgment as set forth below.
12 FOURTH CAUSE OF ACTION

Against All Defendants DOES 1 through 50
13 (Sexual Battery - Civil Code §1708.5)

15 realleges the same herein as though fiilly set forth.
16 55. John Black engaged in harmful and/or offensive touching of Plaintiff with his
17 "intimate parts" and engaged in harmful and/or offensive contact with Plaintiffs "intimate
18 parts," as defmed by Califomia Civil Code section 1708.5.
24 WHEREFORE, Plaintiff prays for judgment as set forth below.
25 FIFTH CAUSE OF ACTION
Against All Defendants and DOES 1 thought 50
26 (Violence & Intimidation Based on Sex - Cal. Civ. Code §51.7)
27
58. Plaintiff hereby incorporates herein by reference paragraphs 1 through 30 and
28
10
2 59. In doing the acts alleged herein, John Black is liable to Plaintiff under Cal. Civ.
3 Code §51.7, using violence, threats, and/or intimidation based on Plaintiffs sex.
9 WHEREFORE, Plaintiff prays forjudgment as set forth below.
10 SIXTH CAUSE OF ACTION
11 (Gender Violence & Sexual Assault—Cal. Civ. Code § 52.4)
12 62. Plaintiff hereby incorporates herein, by reference paragraphs 1 through 30 and
14 63. In doing the acts alleged herein, John Black is liable to Plaintiff under Cal. Civ.
15 Code §52.4.
16 64. Mr. Black targeted Plaintiff because of gender or sex and repeatedly sexually
17 abused her.
24 SEVENTH CAUSE OF ACTION
25 Against All Defendants DOES 1 through 50
(Sexual Harassment - Civil Code §51.9)
26
27
realleges the same herein as though fully set forth.
28
11
1 68. A business, service, and professional relationship existed between Plaintiff and
2 Defendants.
3 70. John Black made sexual advances, solicitations, and sexual requests of Plaintiff
4 that were unwelcome and persistent.
5 69. Due to her age and vulnerable psychological state Plaintiff was not able to
6 consent to John Black's sexual contact with her. For the same reasons, she also was not able to
7 terminate the relationship without tangible emotional hardship.
10 allovying Mr. Black to continue his abuse of Plaintiff with and, moreover, ratifying the same.
11 See CR. V. Tenet Healthcare Corp. (2009) 169 Cal. App. 4th 1094, 1111-1112 (principles of
12 ratification apply to hold employer liable under section 51.9 cause of action).
16 EIGHTH CAUSE OF ACTION
•17 Against SPMBC and DOES 1 through 25

(Negligence Hiring, Supervision & Retention)
18
19
20
73. Defendants, and each of them, knew or should have known about John Black's
21
sexual abuse of Plaintiff.
22
74. Defendants, and each of them, had a duty to exercise reasonable diligence in
23
hiring, supervision and retention of employees, including pastors/ministers like John Black.
24
75. Defendants, and each of them, failed to exercise such diligence in hiring and
25
supervising Defendant John Black and other employees/agents and/or failed to sufficiently staff
26
Defendants' facilities.
27
28
12
1 76. Defendants, and each of them, failed to exercise diligence in allowing, requesting,
2 or permitting Jolin Black to continue work as a minister at SPMBC and have access to SPMBC's
3 facilities which he used to sexually abused Plaintiff. Defendants had a duty to take reasonable
4 steps to prevent Mr. Black and others from using their facility to sexually abuse minors but did
5 not.
6 77. As a proximate result of the negligence of Defendants, and each of them. Plaintiff
7 was injured.
9 NINTH CAUSE OF ACTION
10 Against All Defendants DOES 1 through 50

(General Negligence)
11
12
13
79. As previously set forth. Defendants knew or should have known about John
14
Black's sexual abuse of Plaintiff but failed to stop it.
15
80. Given that Plaintiff was at all times relevant a minor and vulnerable person
16
Defendants, and each of them, had a duty to protect Plaintiff from Mr. Black's abuse.
17
81. In failing to act. Defendants breached their duty to Plaintiff.
18
82. As a proximate result of the negligence of Defendants, and each of them. Plaintiff
19
was'
20
PRAYER FOR RELIEF
21
WHEREFORE, Plairitiff prays forjudgment against Defendants as follows:
22
1. For general damages;
23
2. For special damages;
24
3. For punitive damages;
25
4. Forfrebledamages pursuant to CCP. §340.1(b)(l)
26
5. For attomeys' fees as pursuant to Cal. Civ. Code §52;
27
6. For fees and penalties pursuant to Cal. Civ. Code §52;
28
13
1 6. For pre-judgment interest as provided by law;
2 7. For costs of suit incurred herein; and
3 8. For such other and further relief as the Court deems fair and just.
4
5 DATED: August 31, 2020 THE TILLIS LAW FIRM
6
7 SHAWN D. TILLIS, ESQ.
Attorneys for Plaintiff
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1SHAWN D. TILLIS, ESQ.

COMPLAINT FOR DAMAGES

COMPLAINT FOR DAMAGES

COMPLAINT FOR DAMAGES

14 thereafter, he began sexually molesting and raping her.

22 evening and abuse her.

27 underwear gone or rolled up in her blanket.

COMPLAINT FOR DAMAGES

COMPLAINT FOR DAMAGES

COMPLAINT FOR DAMAGES

19 31. Plaintiff hereby incorporates herein by reference paragraphs 1 through 30 and

25 SECOND CAUSE OF ACTION

27 40. Plaintiff hereby incorporates herein by reference paragraphs 1 through 30 and

16 has been injured as previously set forth.

18 THIRD CAUSE OF ACTION

20 47. Plaintiff hereby incorporates herein by reference paragraphs 1 through 30 and

COMPLAINT FOR DAMAGES

10 has been injured as previously set forth.

12 FOURTH CAUSE OF ACTION

14 54. Plaintiff hereby incorporates herein by reference paragraphs 1 through 30 and

16 EIGHTH CAUSE OF ACTION

•17 Against SPMBC and DOES 1 through 25

9 NINTH CAUSE OF ACTION

10 Against All Defendants DOES 1 through 50

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