Electronically FILED by Superior Court of California, County of Los Angeles on 02/24/2022 05:16 PM Sherri R.

Carter, Executive Officer/Clerk of Court, by N. Alvarez,Deputy Clerk

22STCV06905
Assigned for all purposes to: Spring Street Courthouse, Judicial Officer: Daniel Crowley

1 LAW OFFICE OF J. BLACKNELL

JOVAN BLACKNELL (CA BAR #237162)
2
KELLEN DAVIS (CA BAR #326672)
3 200 Corporate Pointe, Suite 495
Culver City, California, 90230
4 Phone: 310.469.9117 Fax: 310.388.3765
5
Attorneys for PLAINTIFFS
6

7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

8 COUNTY OF LOS ANGELES

10 DEVANTE CALDWELL; CALVIN WEBB; ) COMPLAINT FOR DAMAGES

TERRENCE HACKETT; KEVIN GOMEZ; )
11 )
JORKY PERALTA; FELTON BINNS; ) (1) NEGLIGENCE
12 JEROME WATKINS, ) (2) NEGLIGENCE – PREMISES
) LIABILITY
13 Plaintiffs, ) (3) NEGLIGENT INFLICTION OF
vs. ) EMOTIONAL DISTRESS
14 )
) (4) INTENTIONAL INFLICTION OF
15 LIVE NATION WORLDWIDE, INC.; C3 ) EMOTIONAL DISTRESS
PRESENTS, LLC; BOBBY DEE PRESENTS, )
16 INC.; SNOOP DOGG’S LLC, LLC; MAJOR ) DEMAND FOR JURY TRIAL
)
LEAGUE SOCCER, LLC dba LOS ANGELES )
17
FOOTBALL CLUB aka LAFC; JEFF )
18 SHUMAN; and DOES 1 through 20, inclusive, )
)
19 Defendants. )
)
20 )
)
21 )
)
22

23
Plaintiffs allege on information and belief as follows:
24

25

26

27

28

COMPLAINT FOR DAMAGES

1
1 INTRODUCTION
2
This action arises from the violent mob attack that occurred during the Once Upon a Time
3
in Los Angeles music festival (hereinafter, “OUTILA” or “Music Festival”) which took place
4

5
on December 18, 2021 at the Banc of California Stadium in Exposition Park, Los Angeles, and

6 which resulted in the death of Darrell Caldwell, most prominently known by his stage name
7 Drakeo the Ruler, severe physical and emotional harm to his friends and family that were present
8
and fortunately survived, and the tremendous void that now exists, and will exist forever, as a
9
result of this tragedy. The incident that caused the grievous harm as described herein was not a
10

11 brief scuffle, but rather an ongoing mob attack that lasted up to 15 minutes in the backstage “all-

12 access” area of the venue that should have been secured to ensure the safety of the artists, their
13
entourages, and concert attendees against precisely the type of foreseeable violence that
14
occurred. The attack occurred within minutes of Plaintiffs and Drakeo’s arrival, reflecting that
15

16
the conditions that facilitated the attack existed throughout the Festival—Plaintiffs’ safety was

17 in jeopardy from the moment they arrived. Defendants listed herein, and Doe Defendants’ whose
18 identity Plaintiffs anticipate uncovering, solicited the services of widely renowned artists to reap
19
the benefits of the attendance of their fan base, then perpetrated an abject failure to protect them.
20
The tragic consequence was a wholly foreseeable outcome of Defendants’ rank negligence.
21

22 This tragedy came in the wake of multiple other incidents where Defendants’ failure to

23 secure its premises resulted in injury up to and including death to artists it hired, people like
24
Plaintiffs that attended the event as members of their entourages, and fans that paid to attend
25
Defendants’ events. Despite knowledge of these other failures and the harm that they caused,
26
Defendants implemented security measures at the OUTILA event that can best be characterized
27

28 as ranging from lackadaisical to totally absent. Defendants cannot, and must not, be allowed to

COMPLAINT FOR DAMAGES

2
1 reap the benefits from the presence of these artists while failing to protect them against the
2
dangers that were inherent, created by Defendants, and known due to past incidents.
3
Plaintiffs come before this Honorable Court seeking justice for the irreparable harms that
4

5
they suffered as the result of Defendants’ careless negligence that took at least one life and

6 altered others forever.

7 PARTIES
8
1. At all relevant times mentioned in this Complaint, PLAINTIFF DEVANTE
9
CALDWELL (hereinafter also “Devante”) was a resident of Los Angeles County,
10

11 California. Devante is the natural brother of Darrell Caldwell.

12 2. At all relevant times mentioned in this Complaint, PLAINTIFF CALVIN WEBB

13
(hereinafter also “Mr. Webb”) was a resident of Los Angeles County, California.
14
3. At all relevant times mentioned in this Complaint, PLAINTIFF TERRENCE HACKETT
15

16
(hereinafter also “Mr. Hackett”) was a resident of Los Angeles County, California.

17 4. At all relevant times mentioned in this Complaint, PLAINTIFF KEVIN GOMEZ

18 (hereinafter also “Mr. Gomez”) was a resident of Los Angeles County, California.
19
5. At all relevant times mentioned in this Complaint, PLAINTIFF JORKY PERALTA
20
(hereinafter also “Mr. Peralta”) was a resident of Los Angeles County, California.
21

22 6. At all relevant times mentioned in this Complaint, PLAINTIFF FELTON BINNS

23 (hereinafter also “Mr. Binns”) was a resident of Los Angeles County, California.
24
7. At all relevant times mentioned in this Complaint, PLAINTIFF JEROME WATKINS
25
(hereinafter also “Mr. Watkins”) was a resident of Los Angeles County, California.
26
8. Defendant LIVE NATION WORLDWIDE. INC (hereinafter referred to as “Live
27

28

COMPLAINT FOR DAMAGES

3
1 Nation”), is a Delaware corporation qualified to do business in California and duly
2
existing under the laws of the State of California and doing business in the County of Los
3
Angeles, headquartered at 9348 Civic Center Drive, Beverly Hills, California 90210.
4

5
Live Nation sub-leased the real property from Defendant Major League Soccer, LLC dba

6 Los Angeles Football Club aka LAFC, where the murder took place, commonly referred
7 to as Banc of California Stadium located in Exposition Park in Los Angeles, California
8
(the “Premises” or “Banc of California Stadium”). Live Nation, along with other
9
Defendants identified herein, were responsible for organizing, promoting, selecting and
10

11 hiring the artists and security personnel. Live Nation had a duty to implement and

12 execute a security plan to keep everyone attending, visiting and/or doing business at the
13
Banc of California Stadium safe. Live Nation had a further duty to safeguard the Banc of
14
California Stadium and provide adequate security to detect and prevent violent incidents
15

16
from taking place at the Banc of California Stadium and/or during the Music Festival.

17 Defendant Live Nation Worldwide, Inc. had an exclusive lease agreement to operate,
18 manage, control and supervise the Banc of California Stadium during the Music Festival.
19
9. Plaintiff is informed and believes, and upon such information and belief alleges that
20
Defendant BOBBY DEE PRESENTS, INC. (“Bobby Dee Presents”), is a California
21

22 corporation qualified to do business in California and duly existing under the laws of the

23 State of California and doing business in the County of Los Angeles, and headquartered
24
at 9950 Bell Ranch Dr Ste 104, Santa Fe Springs, CA 90670. Bobby Dee Presents, along
25
with other Defendants identified herein, were responsible for organizing, promoting,
26
selecting and hiring the artists and security personnel. Bobby Dee Presents had a duty to
27

28 implement and execute a security plan to keep everyone attending, visiting and/or doing

COMPLAINT FOR DAMAGES

4
1 business at the Banc of California Stadium safe. Bobby Dee Presents had a further duty to
2
safeguard the Banc of California Stadium and provide adequate security to detect and
3
prevent violent incidents from taking place at the Banc of California Stadium and/or
4

5
during the Music Festival.

6 10. Plaintiff is informed and believes, and upon such information and belief alleges that
7 Defendant, C3 PRESENTS, LLC (“C3 Presents”), is a Texas limited liability company
8
qualified to do business in California and duly existing under the laws of the State of
9
California and doing business in the County of Los Angeles, and headquartered in
10

11 Austin, Texas. C3 Presents, along with other Defendants identified herein, were

12 responsible for organizing, promoting, selecting and hiring the artists and security
13
personnel. C3 Presents had a duty to implement and execute a security plan to keep
14
everyone attending, visiting and/or doing business at the Banc of California Stadium safe.
15

16
C3 Presents had a further duty to safeguard the Banc of California Stadium and provide

17 adequate security to detect and prevent violent incidents from taking place at the Banc of
18 California Stadium and/or during the Music Festival.
19
11. Plaintiff is informed and believes, and upon such information and belief alleges that
20
Defendant, SNOOP DOGG’S LLC, LLC (“SNOOP DOGG’S LLC”), is a California
21

22 limited liability company qualified to do business in California and duly existing under

23 the laws of the State of California and doing business in the County of Los Angeles, and
24
headquartered in Los Angeles, California. Snoop Dogg’s LLC, along with other
25
Defendants identified herein, were responsible for organizing, promoting, selecting and
26
hiring the artists and security personnel. Snoop Dogg’s LLC had a duty to implement and
27

28 execute a security plan to keep everyone attending, visiting and/or doing business at the

COMPLAINT FOR DAMAGES

5
1 Banc of California Stadium safe. Snoop Dogg’s LLC had a further duty to safeguard the
2
Banc of California Stadium and provide adequate security to detect and prevent violent
3
incidents from taking place at the Banc of California Stadium and/or during the Music
4

5
Festival.

6 12. DEFENDANTS LIVE NATION WORLDWIDE, INC., C3 PRESENTS, LLC, BOBBY

7 DEE PRESENTS, INC., SNOOP DOGG’S LLC, LLC, and certain Doe Defendants, shall
8
be hereinafter referred to as “Promoter Defendants.”
9
13. Plaintiff is informed and believes, and upon such information and belief alleges that
10

11 Defendant, MAJOR LEAGUE SOCCER, LLC a/k/a LOS ANGELES FOOTBALL

12 CLUB a/k/a LAFC (“LAFC”), is a Delaware limited liability company qualified to do

13
business in California and duly existing under the laws of the State of California and
14
doing business in the County of Los Angeles. LAFC subleased the Banc of California
15

16
Stadium property to Defendant Live Nation, along with other Defendants identified

17 herein. LAFC had a duty to ensure that Defendants Live Nation, C3 Presents, Bobby Dee
18 Presents, and DOES 1-20 implemented and executed a security plan to keep everyone
19
attending, visiting and/or doing business at the Banc of California Stadium safe. As sub-
20
lessor, LAFC had a further duty to safeguard the Banc of California Stadium and provide
21

22 adequate security to detect and prevent violent incidents from taking place at the Banc of

23 California Stadium and/or during the Music Festival.

24
14. Plaintiff is informed and believes, and upon such information and belief alleges that
25
Defendant, JEFF SHUMAN (“Shuman”), is a resident of the State of California. Shuman,
26
along with other Defendants identified herein, were responsible for organizing,
27

28 promoting, selecting and hiring the artists and security personnel. Shuman had a duty to

COMPLAINT FOR DAMAGES

6
1 implement and execute a security plan to keep everyone attending, visiting and/or doing
2
business at the Banc of California Stadium safe. Shuman had a further duty to safeguard
3
the Banc of California Stadium and provide adequate security to detect and prevent
4

5
violent incidents from taking place at the Banc of California Stadium and/or during the

6 Music Festival.
7 15. PLAINTIFFS are presently unaware of the specific identities of DOES 1 through 5,
8
inclusive, but alleges on information and belief that these Defendants, and each of them,
9
were responsible for providing security for the “Once Upon A Time In LA” music
10

11 festival, and had a duty to safeguard the Banc of California Stadium as well as protect

12 and prevent artists, concertgoers, members of the general public and tour staff from
13
violence and/or harm at the Music Festival. DOES 1 through 5, had a further duty to
14
provide security and/or implement and execute a security plan and to provide adequate
15

16
security to detect and prevent violent incidents from taking place at the Banc of

17 California Stadium premises and/or during the Music Festival.

18 16. PLAINTIFFS are ignorant of the true names and capacities of those Defendants sued
19
herein as DOES 6 through 20, inclusive, and therefore sue them by such fictitious names.
20
PLAINTIFFS will amend this Complaint to show the true names and capacities of said
21

22 DOE Defendants when the same are ascertained. PLAINTIFFS are informed and believe,

23 and thereon allege, that each of the fictitiously named Defendants was in some manner
24
negligent and therefore legally liable and responsible, in that their conduct caused the
25
damages and injuries set forth herein.
26
17. PLAINTIFFS are informed and believe and, based upon such information and belief,
27

28 alleges that each of the above-named parties was responsible for the failures resulting in

COMPLAINT FOR DAMAGES

7
1 the damages described herein, and each was an agent, employee, principal, or employer
2
of each of the remaining defendants and vice/versa. In addition, PLAINTIFFS are
3
informed and believe and on such basis allege that the defendants named hereinabove,
4

5
and each of them, are responsible in some manner for the occurrences herein alleged, and

6 that each of the above named defendants conspired with, and/or aided and/or abetted each
7 of the remaining defendants in committing the acts herein alleged.
8
18. PLAINTIFFS are informed and believe and on such basis allege that at all relevant times,
9
Defendants, and each of them, were the knowing agents and/or alter egos of one another
10

11 and that Defendants directed, ratified, and/or approved the conduct of each of the other

12 Defendants, and each of their agents or employees, and are therefore vicariously liable
13
for the acts and omissions of their co-defendants, their agents and employees, as more
14
fully alleged herein. Furthermore, all of the Defendants agreed upon, approved, ratified,
15

16
and conspired to commit all of the acts and/or omissions alleged in this complaint.

17 JURISDICTION AND VENUE

18 19. This court has jurisdiction over the instant matter because all events described herein
19
occurred in Exposition Park at the Banc of California Stadium, located at 3939 Figueroa
20
Street, in the City and County of Los Angeles. Venue is also proper because the events at
21

22 issue occurred in the County of Los Angeles.

23 COMMON ALLEGATIONS
24

25
20. DEFENDANTS promoted the “Once Upon a Time in Los Angeles” music festival
26
through social media platforms and distribution of physical flyers depicting the names of
27

28 approximately 70 renowned artists that they sought and hired to perform at the event. On

COMPLAINT FOR DAMAGES

8
1 information and belief, Promoter Defendants sub-leased the Premises from Defendant
2
LAFC for the express purpose of hosting this event.
3
21. DEFENDANTS knew, or should have known, that many of the artists whose services the
4

5
Promoter Defendants sought were associates of or affiliated with Los Angeles street

6 gangs. DEFENDANTS also knew, or should have known, that the Premises is
7 surrounded by the area of Los Angeles known colloquially as “South Central,” and that
8
this area is rife with gang activity and boasts one of the highest rates of violent crimes in
9
the city including but not limited to assault, robbery, attempted murder, and murder.
10

11 22. Drakeo was a star rapper who was born and raised in Los Angeles. As widely publicized

12 by the media, Drakeo’s prominence as an artist skyrocketed following his November

13
2020 release after three years of incarceration while he defended himself against
14
unfounded charges surrounding the 2016 murder of an alleged Blood gang member.
15

16
Though he was eventually exonerated, the events and allegations surrounding his

17 criminal case were widely circulated and he faced threats and constant hostility from
18 gang members and other people, much of which stemmed from the murder case and the
19
information, true or not, that was disseminated about it. Much of the animosity and
20
danger Drakeo faced was amplified due to his success that increased his notoriety.
21

22 23. Promoter Defendants sought out Drakeo the Ruler’s services to perform at OUTILA.

23 Promoter Defendants agreed to pay Drakeo for said services and agreed that he would
24
attend and perform on stage with a group of approximately 8 individuals, including
25
Plaintiffs, who would be admitted to all areas of the premises accordingly.
26
24. On December 18, 2021, the OUTILA music festival was held. Attendees arrived in
27

28 throngs, and, as widely publicized in social media and news media, were immediately

COMPLAINT FOR DAMAGES

9
1 met with chaos that largely resulted from inadequate security measures. From the outset
2
of the event, volumes of social media posts were made describing attendees’ experiences
3
of entering without being searched, passing through any metal detector, or submitting to
4

5
any Covid-19 verification procedure.

6 25. The artists were instructed to enter through a driveway leading from Martin Luther King,
7 Jr. Blvd. There, they passed through two “checkpoints”: the first was simply a booth
8
containing one or two unarmed personnel members who let through any vehicle that
9
presented an “all-access” pass without searching it or verifying the identities of the
10

11 occupants of the vehicle or even whether the number of passes matched the number of

12 occupants. From there, artists’ groups were directed down a driveway that led to the
13
second “checkpoint” where a small group of security guards were present with a drug-
14
sniffing dog and a metal detector. On information and belief, the requirement to submit to
15

16
metal detector searches or the dog’s search was imposed arbitrarily and flippantly—some

17 occupants of some cars were cursorily searched while other caravans of multiple vehicles
18 passed through to the exclusive artists parking area where their trailers were situated
19
without any verification or search at all.
20
26. When Drakeo and Plaintiffs passed through the second “checkpoint” and were subject to
21

22 a cursory search, countless other cars entered the area without being required to stop or

23 submit to any search whatsoever, for weapons or otherwise. As these cars entered, the
24
occupants could be heard immediately taunting people that they passed by, including
25
Plaintiffs, shouting out gang related challenges and other verbiage such as “Whoooop!!”
26
This is a chant that is widely known to be associated with gang members.
27

28

COMPLAINT FOR DAMAGES

10
1 27. Once artists and the groups with which they arrived passed the second “checkpoint,” they
2
reached the “all-access VIP” area where artists were to park and where their trailers were
3
located. There were no security guards or law enforcement officers present whatsoever in
4

5
this area. There were also no cameras or other deterrents to unlawful activity or violence.

6 28. Drakeo and his group arrived in the “all-access” area at approximately 8:30 p.m., and
7 Drakeo was scheduled to perform at 8:50. They arrived in two vehicles—one, a Rolls
8
Royce driven by Drakeo, and the other, a Mercedes driven by PLAINTIFF KEVIN
9
GOMEZ—each of which contained four occupants including the drivers.
10

11 29. Within minutes of their arrival in the “all-access area,” as Drakeo’s small group started

12 the short walk to the stage, PLAINTIFFS KEVIN GOMEZ and JORKY PERALTA were
13
attacked by unknown persons when they separated from the group very briefly to retrieve
14
a jacket from one of the two vehicles in which they arrived. Mr. Gomez was punched and
15

16
knocked to the ground and the assailants attempted to rob him by snatching his jewelry

17 from his neck but were unsuccessful because he scrambled away and the two regrouped
18 with the rest of the entourage. When the rest of the group noticed the commotion and
19
turned around, confused but now alert to active danger, they were rushed by at least 12
20
individuals. A fight ensued as the group defended itself, already outnumbered. No
21

22 security intervened or was anywhere present when Plaintiffs Gomez and Peralta were

23 attacked or when the larger fight broke out.

24
30. The fight that ensued after Mr. Gomez and Mr. Peralta were blindsided, involving about
25
20 people altogether, lasted for up to five minutes—no security was present during the
26
entire time.
27

28

COMPLAINT FOR DAMAGES

11
1 31. As the fight seemed as though it may subside, suddenly, a horde, estimated to encompass
2
50-100 individuals, materialized and charged at Drakeo and his group. The group was
3
engulfed by the mob, many of which wore all red and shouted battle cries of “Whooop!”
4

5
and “Suuu Whoooop!” just as was heard being emitted from the cars filled with unknown

6 individuals as they entered the “All-Access VIP” area without being searched.
7 32. This second attack lasted far longer than the first—up to 10 minutes—and was more
8
vicious. Throughout that time, Drakeo and his group fought for their lives against
9
insurmountable odds, shocked and horrified at the fact that no security ever materialized
10

11 to intervene. In footage that captured the chaos, PLAINTIFF JEROME WATKINS can

12 be seen absorbing a brutal blow from a huge man that knocked Mr. Watkins from his feet
13
to the ground several feet away. As the crowd became more confident that they could
14
attack with impunity, the surge became more aggressive. Several members of Plaintiffs’
15

16
group attempted to seek refuge through the one gate that separated the area where this

17 violence was taking place from the actual stage where concert attendees were less than 50
18 feet away. While no one intervened ever to stop the violence, Defendants’ agents blocked
19
the gate and pushed the victims back from reaching possible safety, effectively corralling
20
them back into the confined space where onslaught by the violent mob continued, where
21

22 Plaintiffs were further punched, kicked, and stomped while they were on the ground. The

23 melee is reflected in the video, and PLAINTIFF TERRENCE HACKETT was seen by
24
witnesses and on video being stomped on his head mercilessly while he tried in vain to
25
shield his person from further injury. Each and every one of the Plaintiffs that were
26
present suffered similar brutal violence at the hands of the mob that outnumbered the
27

28 group by, at minimum, seven to one.

COMPLAINT FOR DAMAGES

12
1 33. As the violence continued, several members of the mob produced knives, at which point
2
their punches changes into lunges in attempts to stab Drakeo and Plaintiffs while they
3
desperately tried to avoid the blades. While they defended themselves bravely, the attack
4

5
continued relentlessly until one of the assailants struck Drakeo in the neck with what

6 turned out to be a fatal knife wound. PLAINTIFF DEVANTE CALDWELL was

7 shoulder to shoulder with his brother and best friend Drakeo, and witnessed the blow
8
from inches away when it was delivered. Plaintiffs and Drakeo continued to defend
9
themselves and blocked more knife lunges, but Drakeo rapidly lost strength as he quickly
10

11 suffered tremendous blood loss. Devante remained at his side while he deteriorated and

12 Devante, PLAINTIFF CALVIN WEBB, and others used all of their strength to try to
13
carry Drakeo to a place of safety—tragically, there was none. Satisfied, one or more of
14
the horde signaled to the rest that they had accomplished enough, and the group gradually
15

16
dispersed.

17 34. When the attackers disappeared into anonymity, as no security stopped them and their
18 identities were never verified, Plaintiffs’ full attention went to trying to save Drakeo.
19
Devante and others, seriously injured themselves, scrambled to place pressure on the
20
wound, using their own hands and clothing, but the wound was too severe, and the blood
21

22 kept rushing out. Drakeo eventually lost consciousness before their eyes. Because of the

23 chaos and lack of adequate safety measures, it took up to 30 minutes for emergency
24
personnel to reach Drakeo as he clung to life while his brother and friends were helpless
25
to alleviate his suffering.
26
35. Drakeo was finally transported to California Hospital in Downtown Los Angeles, where
27

28 he fought for his life for hours and endured emergency surgery. Tragically, his wounds

COMPLAINT FOR DAMAGES

13
1 too severe, and he was declared deceased just before 3:00 a.m. on December 19, 2021.
2
Devante was by his side throughout the treatment and was present when Drakeo’s life
3
ended.
4

5
FIRST CAUSE OF ACTION – NEGLIGENCE

6 By ALL PLAINTIFFS
7 Against all Defendants:
8
36. Plaintiff realleges, and incorporates herein as if set forth in full, paragraphs 1 through 35
9
above.
10

11 37. DEFENDANTS solicited the services of Drakeo the Ruler and hired him with knowledge

12 that he would attend the event with PLAINTIFFS and that they would be present in all
13
areas of the venue in which Drakeo was permitted, including the “All-Access VIP” area.
14
DEFENDANTS were aware that Drakeo would perform with PLAINTIFFS on stage with
15

16
him and benefitted from PLAINTIFFS’ attendance as part of Drakeo’s stage presence

17 that drew crowds that caused DEFENDANTS to benefit financially from hosting the
18 event. DEFENDANTS knowingly admitted Plaintiffs into the venue, and, specifically the
19
“All-Access VIP” area, as invitees.
20
38. DEFENDANTS owed PLAINTIFFS a duty to implement security measures that were
21

22 sufficient to ensure that hired performers and members of their entourage that were

23 permitted to attend and be present in all areas at the OUTILA festival such as Drakeo and
24
PLAINTIFFS could safely attend and perform. Through the outright failure to do so,
25
DEFENDANTS breached this duty, which was owed to PLAINTIFFS because it was
26
foreseeable that injury up to and including death could result from this abject failure, and
27

28 that all persons that were present could suffer such violent injuries as PLAINTIFFS did.

COMPLAINT FOR DAMAGES

14
1 39. DEFENDANTS’ conduct is presumed negligent because Defendants exercised exclusive
2
dominion and control over the premises and therefore were exclusively charged with
3
providing and ensuring adequate security and preventing dangerous conditions and harm
4

5
to all persons that were permitted on the premises for purposes of the Music Festival, and

6 Drakeo and Plaintiffs were beaten by hordes of people in a violent mob armed with
7 knives, which could not have occurred if DEFENDANTS’ and/or their agents exercised
8
due care.
9
40. DEFENDANTS’ breach of duty was the proximate cause of PLAINTIFFS’ injuries
10

11 because, as described above, DEFENDANTS knew that they were intentionally soliciting

12 the attendance of a dangerous crowd that would include individuals involved in gangs.
13
Relatedly, DEFENDANTS also knew that many of the artists whose services they
14
solicited had connections to gangs based in areas such as South Central and Compton that
15

16
are directly adjacent to the location of the festival. In fact, DEFENDANTS knew that

17 incidents of violence had occurred at their very own prior events, and likewise, that some
18 of the artists that they hired had histories of engaging in violence at such events.
19
Accordingly, DEFENDANTS knew that there was a substantial likelihood that the
20
violence that occurred at the OUTILA would occur, and their failure to take reasonable
21

22 steps to prevent it despite such knowledge was the cause of the damage.

23 41. DEFENDANTS’ failure was the direct cause of PLAINTIFFS’ injuries because but for
24
DEFENDANTS’ failure to implement sufficient security measures, the harm could not
25
have occurred. At absolute minimum, DEFENDANTS’ actions were a substantial factor
26
in causing the harm that Plaintiffs suffered.
27

28

COMPLAINT FOR DAMAGES

15
1 42. DEFENDANTS’ callous negligence caused severe damage to Plaintiffs, including but not
2
limited to physical injuries, lost earnings, and permanent emotional and mental damage in
3
an amount subject to proof, but no less than $1,000,000 as to each Plaintiff.
4

5
SECOND CAUSE OF ACTION – NEGLIGENCE: PREMISES LIABILITY

6 By ALL PLAINTIFFS
7 Against ALL DEFENDANTS.
8
43. Plaintiffs reallege, and incorporate herein as if set forth in full, paragraphs 1 through 42,
9
above.
10

11 44. DEFENDANTS, and each of them, knew of the dangerous conditions on the property

12 created by their solicitation of hiring of artists and hosting thousands of fans at a music
13
festival in South Central Los Angeles and the inadequate measures that they took to
14
secure the premises at such an event. Defendants knew of the histories and affiliations of
15

16
many of the artists that they hire, and the fact that these artists would attract dangerous

17 crowds and that they travel with entourages that including people that were affiliated with
18 gangs or were otherwise likely to engage in dangerous conduct. Defendants knew that the
19
absence of adequate security would tremendously increase the likelihood that many such
20
people would engage in dangerous conduct including but not limited to committing
21

22 assaults and bringing weapons into the facility. DEFENDANTS also had control of the

23 stages on which different artists were set to perform and at which times, as well as
24
control of where the respective artists’ trailers were situated in the “all-access” area.
25
Defendants disregarded their knowledge of the substantial likelihood that violence would
26
occur amongst artists, members of their entourages, and/or concertgoers.
27

28

COMPLAINT FOR DAMAGES

16
1 45. DEFENDANTS not only failed to provide adequate security, but they also actively
2
prevented Plaintiffs from securing themselves by disallowing Plaintiffs to provide their
3
own security despite the dangerous conditions that Defendants created and of which they
4

5
all had knowledge.

6 46. Indeed, even after DEFENDANTS created the dangerous condition and failed to secure
7 Plaintiffs, DEFENDANTS drastically increased the likelihood that Plaintiffs would be
8
seriously injured when DEFENDANTS’ agents failed to intervene and even actively
9
prevented Plaintiffs from escaping a brutal mob attack by physically blocking their
10

11 escape and locking them into the confined space where the violence was ongoing. In

12 doing so, DEFENDANTS exacerbated the terror of the entire incident and effectively
13
ensured that Plaintiffs would suffer grievous injuries.
14
47. Through the failures of adequate security staffing, protocol, and efforts as described
15

16
herein, DEFENDANTS breached their duty to seek out and prevent harm to those that it

17 invited to their premises, or to remedy known dangerous conditions on the premises. To

18 the contrary, DEFENDANTS created the harm then failed to mitigate it or even warn
19
Plaintiffs of the substantial likelihood of danger.
20
48. DEFENDANTS failures and creation of a dangerous condition on the premises to which
21

22 it invited Plaintiffs was the proximate cause of Plaintiffs’ injuries because the

23 unreasonable actions and/or omissions made it foreseeable that violence would occur.
24
DEFENDANTS were specifically aware of the nature and history of such festivals, the
25
crowds that they solicited, and the history of specific artists that they hired such that they
26
knew or should have known that the risk of harm to Plaintiffs was foreseeable.
27

28

COMPLAINT FOR DAMAGES

17
1 49. DEFENDANTS’ acts and/or omissions were the direct cause of Plaintiffs’ injuries
2
because but for DEFENDANTS creating dangerous conditions, failing to correct the
3
dangerous conditions, and failing to even warn Plaintiffs of the dangerous conditions,
4

5
Plaintiffs would not have suffered the damages that they did. At absolute minimum,

6 DEFENDANTS’ acts and/or omissions were a substantial factor in causing Plaintiffs’

7 injuries.
8
50. As a result, Plaintiffs each sustained serious injuries from being beaten, kicked, stomped,
9
and stabbed by a huge crowd of armed violent men, as well as lost earnings and
10

11 irreparable emotional and mental damages stemming from the terror of defending their

12 lives against such a mob, in an amount subject to proof, but no less than $1,000,000 as to
13
each Plaintiff.
14
51. DEFENDANTS acted knowingly and willfully, with reckless disregard for the substantial
15

16
risk of severe harm Plaintiffs. Therefore, Plaintiff is entitled to an award of punitive

17 damages against the DEFENDANTS in order to punish those defendants and to deter
18 them and others from such conduct in the future.
19
THIRD CAUSE OF ACTION – NEGLIGENT INFLICTION OF EMOTIONAL
20
DISTRESS
21

22 By Plaintiff Devante Caldwell

23 Against All Defendants

24
52. Plaintiff Devante Caldwell, realleges, and incorporates herein as if set forth in full,
25
paragraphs 1 through 51, above.
26
53. DEFENDANTS, at all relevant times herein, owed Plaintiff Devante Caldwell a duty of
27

28 care not to cause him emotional distress. Defendants knew that Devante, a well-known

COMPLAINT FOR DAMAGES

18
1 rapper himself, was Drakeo’s brother, and that he would be attending the event with
2
Drakeo, and that Devante would suffer extreme emotional distress if Defendants failed to
3
prevent harm from occurring to Devante and/or to Drakeo in Devante’s presence.
4

5
54. By failing to provide adequate security and/or failing to implement and enforce adequate

6 security protocol when the dangers of such failures were known, DEFENDANTS, and
7 each of them, breached their duty to Plaintiff Devante Caldwell.
8
55. DEFENDANTS conduct is the proximate cause of Plaintiff’s injuries because
9
DEFENDANTS knew that by hiring the artists that they individually selected to an event
10

11 of the magnitude of the OUTILA festival at the location that they selected, and failing to

12 provide and/or implement adequate security measures according to the conditions that
13
they knowingly created, there was a substantial likelihood that violence would occur and
14
thereby cause Plaintiff extreme emotional distress and harm.
15

16
56. DEFENDANTS’ conduct is the direct cause of Plaintiff’s injuries because but for

17 DEFENDANTS’ failures as described herein, Devante Caldwell would not have been
18 subjected to a massive group assault during which the attackers were armed with
19
weapons including but not limited to knives, would not have been subjected to a
20
terrifying attack where he was beaten for an ongoing period and fought for his life, and
21

22 would not have been forced to witness his brother Darrell Caldwell being beaten and

23 stabbed, attempt to save his life by attempting to suppress rushing blood while he lost
24
consciousness, and ultimately witnessing his brother’s life expire.
25
57. As a result of DEFENDANTS’ breach of their duty to Plaintiff, Plaintiff suffered extreme
26
emotional distress, mental damages, stress, anxiety, and other psychological harm that
27

28

COMPLAINT FOR DAMAGES

19
1 will, in all likelihood, last throughout his lifetime, in an amount subject to proof at trial,
2
but in any event, no less than $2,000,000.
3
FOURTH CAUSE OF ACTION – INTENTIONAL INFLICTION OF
4

5
EMOTIONAL DISTRESS

6 By ALL PLAINTIFFS
7 Against ALL DEFENDANTS:
8
58. Plaintiffs reallege, and incorporate herein as if set forth in full, paragraphs 1 through 57,
9
above.
10

11 59. PLAINTIFFS are informed and believes that DEFENDANTS, and DOES 1 through 50,

12 inclusive, and each of them, engaged in extreme, outrageous, unlawful, and unprivileged
13
conduct, including, but not limited to:
14
a. Knowingly soliciting the services of artists and the patronage of fans that
15

16
Defendants knew would be raucous and likely to engage in violent behavior;

17 b. With knowledge of the nature of the event, its locale, and its patronage, failing to
18 implement security protocol sufficient to prevent artists, members of their
19
entourage, and concertgoers from being subjected to violence;
20
c. Knowingly preventing Plaintiffs from providing their own security despite
21

22 knowledge of the dangerous conditions and absence of adequate security;

23 d. Failing to take reasonable steps to prevent weapons from entering the venue;
24
e. Failing to ever intervene during the ongoing mob attack against Plaintiffs;
25
f. Physically preventing Plaintiffs from reaching a place of safety during the attack
26
by blocking the only means of escape and corralling them in the space where the
27

28 attack was ongoing;

COMPLAINT FOR DAMAGES

20
1 g. Failing to have medical personnel present to administer aid to individuals that had
2
been harmed on the premises;
3
60. DEFENDANTS, and DOES 1 through 20, inclusive, participated in, conspired with,
4

5
approved of and/or aided and abetted the conduct of remaining DEFENDANTS.

6 61. PLAINTIFFS are informed and believe that DEFENDANTS and DOES 1 through 20,
7 inclusive, and each of them, intended to cause PLAINTIFFS harm, or acted with a
8
reckless disregard of the substantial likelihood that PLAINTIFFS would suffer extreme
9
emotional distress as a result of the conduct listed above.
10

11 62. As the direct and proximate result of DEFENDANTS’ extreme and outrageous conduct,

12 Plaintiffs suffered extreme emotional and physical distress, including, but not limited to
13
terror, nervousness, sleeplessness, anxiety, worry, mortification, shock, humiliation,
14
indignity, physical manifestations of emotional distress, loss of self-esteem, fear for their
15

16
safety, disgrace, and loss of enjoyment of life; were prevented and will continue to be

17 prevented from obtaining the full enjoyment of life; and have sustained and will continue
18 to sustain loss of reputation.
19
63. PLAINTIFFS are informed and believe that DEFENDANTS, acted knowingly and
20
willfully, with malice and oppression, and/or with reckless disregard for the likelihood of
21

22 the extreme harm that would befall PLAINTIFFS as a result of their acts and omissions.

23 Therefore, PLAINTIFFS are entitled to an award of punitive damages for the purpose of
24
punishing DEFENDANTS, and to deter them and others from such conduct in the future.
25

26

27

28

COMPLAINT FOR DAMAGES

21
1 PRAYER
2
WHEREFORE, PLAINTIFFS pray for judgment against Defendants, as to all causes of
3
action as follows:
4

5
1. PLAINTIFFS demand a jury trial as to the issues triable;

6 2. General damages and special damages according to proof;

7 3. As against only the individual defendants and not any municipality, punitive
8
damages as allowed by law;
9
4. Attorney’s fees allowable by law;
10

11 5. Costs of suit incurred herein; and

12 6. Such further relief as the Court deems just and proper.

13

14
Dated: February 24, 2021
15
_______________________
16
By: Kellen I. Davis
17 Attorney for Plaintiffs

18

19

20

21

22

23

24

25

26

27

28

COMPLAINT FOR DAMAGES

22