Speaker 1: What's up, everyone, and welcome to another episode of The
Diddy Diaries. In this episode, we're getting right back to
that Sarah Rivers lawsuit filed against Ditty. Fourteenth cause of
action negligence against all defendants. Plaintiff incorporates by reference all
preceding paragraphs and reallegis them as if fully set forth
herein Each defendant, inclusive of their agents, servants, and employees,
owed plaintiff a duty of care, including the duty to
prevent her from being harassed, assaulted, sexually assaulted, and injured.
Each defendant, inclusive of their agents, servants, and employees breached
their duty to care for plaintiff. Each defendant, inclusive of
their agents, servants, and employees was negligent in the instance
in that no reasonable person under the same or similar
circumstances would have lured plaintiff under false pretenses to be assaulted, harassed,
and injured. Each defendant, inclusive of their agents, servants, and
employees was negligent in the instance, and that no reasonable person,
under the same similar circumstances would have caused and are
allowed Plaintiff to be publicly humiliated, harassed, and or sexually
assaulted and injured. The negligence of each defendant, inclusive of
their agents, servants, and employees in the instance was the
approximate cause of the injuries and damages suffered by a
plaintiff inasmuch the defendants were acting for upon and or
in furtherance of the rico enterprise and or within the
scope of their employment. Defendants BVE, bad Boy Records, Colmb's Enterprise,
UMG UMG Distribution, s JC, bm MTV, Viacom, Paramount, JCP,
JCPH King or liable under the doctrine of respondeet superior
for the tortious actions of the same as a result
of the conduct complaint of Herein. Plaintiff suffered damages alleged
as a result of the foregoing Plaintiff is entitled to
an award of compensatory damages, punitive damages, and reasonable attorney fees,
together with costs, expert fees and disbursements. Fifteenth cause of action.
The NYC Victims of Gender Motivated Violence Protection Act against
all Defendants Plaintiff incorporates by reference all preceding paragraphs and
realleges them as if set forth fully Herein The NYC
Gender Motivated Violence Act revives any claims against any party
who commits, directs, enables, participates in, or conspires in the
commission of a crime of violence motivated by gender, has
a cause of action against such party in any court
of competent jurisdiction NYC Admin Codes Section ten DASH eleven
O four. The herein described conduct of defendants included fraudulently
inducing plaintiff to participate in a nationwide search for a
new band founded by defendant Ditty, which was nothing more
than a ruse to bring fresh victims for defendant to
exploit and violate sexually, which constitutes a crime of violence
against plaintiff and is a crime of violence motivated by
gender as defined an NYC ADMIN Code Section ten dahe
feven three. The term crime of violence means an act
or a series of acts that would constitute a misdemeanor
or a felony against the person as defined in state
or federal law, or that would constitute a misdemeanor or
a felony against property is defined in the state or
federal law, or if the conduct presents a serious risk
of physical injury to another, whether or not those acts
have actually resulted in criminal charges, prosecution, or conviction, and
the term crime of violence motivated by gender means a
crime of violence committed because of gender or on the
basis of gender, and do at least impart to an
animis based on the victim's gender. Pursuant to Section ten
Dash eleven O five A. This cause of action is
timely because it commenced within two years and six months
after September one, twenty twenty two. Defendant's crimes of violence
were motivated by a plaintiff's gender, as defined in New
York City Administrative Code Section eight Dash nine OZH three,
as defendant did he committed forcible sex acts upon plaintiff
that would constitute felonies under state law, and as the
conduct presents a serious risk of physical injury, whether or
not those acts have resulted in criminal charges, prosecution, or conviction.
The Appellate Division is held that sexual assault is an
act of gender motivated violence. Under the laws, coerced sexual
activity is dehumanizing and fear inducing. Malice or ill will
based on gender is apparent from the alleged commission of
the act itself. Animis inhers where consent is absent Priest
vers Hagus one eighty A D three D eighty three
eighty four Appellate Division twenty nineteen. The described conduct herein
of Defendant Ditty constitutes sexual offenses as defined in Article
one thirty of the New York Penal Law. Plaintiff is
a woman who is older than eighteen who alleges misdemeanor
or felony penal law violations, including but not limited to,
sexual misconduct. And why Penal Law Section one thirty pout
twenty criminal sexual will act in the first degree and
why Penal Law Section one thirty dot fifty criminal sexual
act in the third degree and why Penal law section
one thirty dot forty forcible touching And why Penal Law
Section one thirty dot fifty two sexual abuse in the
first degree And why Penal Law Section one thirty dot
sixty five the sexual abuse in the second degree And
why Penal Law Section one thirty dot sixty Defendant Ditty cornered,
prevented plaintiff from movement and sexually assaulted plaintiff while at
his recording studio Daddy's house. Plaintiff could not be an
unwilling participant, and because she was unwilling, Defendant Ditty retaliated
against her by blackballing plaintiff in the music industry. Defending
ditty made a drink and drank from the drink before
giving it to plaintiff, and demanded that plaintiff drink from it.
Threw his stare down. Defendant's actions presented a serious risk
of physical injury at a plaintiff's person, regardless of whether
or not those acts resulted in criminal charges, prosecuted or conviction. Furthermore,
defendants BB Bad Boy Records, Calms Enterprise, UMG, UMG Distribution, SJC,
bm MTV, via com Paramount JCP JCPH enable defendant and
his commission of crimes of violence motivated by gender and
thus reliable under the NYC Victims of Gender Motivated Protection Act.
Defendants enabled or participated in the assault, battery, and harassment
of plaintiff because defendant fell to among other things, one,
protect plaintiff from an own danger. Two have sufficient policies
and procedures in place to prevent sexual assault. Three improperly
implement policies and procedures to prevent sexual assault. Four take
reasonable measures to ensure that policies to prevent sexual assault
we're working. Five train their employees on identifying sexual assault
and inappropriate workplace behaviors, six protect their employees from sexual assault,
and seven adhere to the applicable standard of care. Defendants
enabled or participated in the assault, battery, and harassment of
plaintiff because defendant failed to timely and properly educate, train, supervise,
and or monitor their agents or employees regarding policies and
procedures that should be followed when assaults are suspected or observed.
Defendants knew or should have known that defendant Didty was
not fit to be in a position of authority. Defendants
buy and through their agents, servant and or employees, became
aware or should have become aware of defendant Ditty's propensity
to commit sexual assault and of the risk to plaintiff safety.
At the very least, defendants knew or should have known
that they did not have sufficient information about whether or
not their leaders, managers, and people were safe to be
in positions of power. Defendants knew or should have known
that defendant Ditty opposed a risk of sexual violence, assault, harassment,
and battery. Defendants failed to properly supervised defendant Ditty and
protect plaintiff from a known danger, and thereby enabled defending
Ditty's assault the plaintiff. Defendants negligently deemed that defendant Ditty
was fit to be in a position of authority, and
or that any previous suitability problems Defendan Ditty had were
fixed and cured, and or that defendant Ditty would not
commit acts of sexual assault, battery, harassment, or trafficking, and
or that Defendant Ditty would not injure others. Moreover, defendants
BB Bad Boy Records, Calms Enterprise, UMG, UMG Distribution, SJCBM
MTV via Colm Paramount JCP JCPH facilitated the trafficking and
assault the plaintiff by actively maintaining and employing defendant Ditty
in a position of power and authority through which he
had control over people, including plaintiff. As a direct and
approximate result of the aforementioned crime of violence and gender
motivated violence, Plaintiff has sustained and will continue to sustain
monetary damages, physical injury, pain and suffering, and serious psychological
and emotional distress, entitling her to an award of compensatory
and punitive damages, injunctive and declaratory relief, attorney fees and costs,
and other remedies as this Court may deem appropriate damages
as set forth in Section ten Dash eleven O four
sixteenth Cause of Action Negligent infliction of emotional distress against
all defendants Plaintiff incorporates by reference all preceding paragraphs and
realegism as if set forth fully herein, Defendants created an
unreasonable risk of causing emotional distress to plaintiff, and defendants
knew or should have known that such conduct was likely
to result in emotional distress that might and or likely
would cause illness or bodily harm. Plaintiff's emotional distress was
foreseeable to defendants as a direct and proximate result of
the negligent conduct of defendants, specifically Defendant Ditty. Plaintiffs suffered
and will continue to suffer severe emotional distress. Defendant's conduct
was wanton, malicious, wilful, and or cruel entitling plaintiff too
punitive damages. All right, folks, we're gonna wrap up right here,
and in the next episode we're gonna pick up where
we left off, and that's with the seventeenth cause of action.
All of the information that goes with this episode, including
my contact information, can be found in the description box.