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. The eleventh cause
of action breach of implied covenant of good faith and
fair dealing against all defendants. Plaintiff repeats and realleges each
and every allegation in all of the preceding paragraphs as
if fully set forth you're in. Plaintiff entered several contracts
with defendants, at least four. Plaintiff did all or substantially
all of the significant things the contracts required her to do.
The allegations set forth in this complaint detail the malevolent
and intentional behavior by defendants, all of which constitute breaches
of the implied covenant of good faith and fair dealing
and demonstrate the bad faith of defendants at all relevant times.
Defendants did not pay plaintiff as agreed. Defendants did not
pay plaintiff royalties nor extraneous promotions in any instance. Defendant
did not pay plaintiff her proper amount from touring. The
defendant did not pay plaintiff or a proper amount from
her television appearance for the three seasons of MTB two
television show. Defendant did not pay plaintiff her share of
income for her contributions to the musical compositions her publishing,
despite the assignments to various companies. Not only have defendants
failed to pay plaintiff, but they also have prevented plaintiff
from working in any capacity in the music industry and
infringed on her copyrights. Defendant's unfair interference with plaintiff's right
to receive the benefits of each contract was foreseeable in
causing plaintiff to suffer general, consequential and incidental damages, including
economic damages. According to proof at trial, defendants knew or
should reasonably have foreseen that the harm and or special
circumstances were likely to occur in the ordinary course of events.
As a result of the breaches of defendants obligations to
act in good faith, make plaintiff property productive, and account
for and pay plaintiff as agreed accordingly, Defendant's conduct was
a breach of implied covenant of good faith and fair dealing.
As an actual and proximate result of the aforementioned violations,
Plaintiff has been harmed in an amount according to proof,
and has lost wages, benefits, and other out of pocket expenses.
As an actual approximate result of defendants aforementioned acts, Plaintiff
has suffered physical injury and became mentally upset, stressed, and aggravated.
Plaintiff has experienced post traumatic stress disorder, mental anguish, aggravation, anxiety, humiliation, embarrassment, sleeplessness,
loss of appetite, low self esteem, depression, upset stomach, and
other forms of extreme emotional distress. Plaintiff claims damages for
physical injuries and mental distress in an amount according to
proof at trial, The above described actions were perpetrated and
or ratified by a managing agent, employee, or officer of defendants,
and each of them. These acts were done with malice, fraud, oppression,
and a reckless disregard for Plaintiff's rights. Further, said actions
were despicable in character and warrant the imposition of punitive
damages in a sum sufficient to punish and deterred defendant's
future conduct. Defendant's continuous threats, coercion interference with plaintiff's music
career prevented plaintiff from asserting her rights within the statutorily
prescribed period. Defendants should be e stopped from asserting the
statute of limitations as a defense due to the duress
exerted upon plaintiff. Twelfth cause of action Fraud, intentional misrepresentation,
false promise against all defendants. Plaintiff repeats and realleges each
in every allegation in all of the preceding paragraphs. As
a fully set forth year in, Plaintiff asserts this cause
of action against all defendants. Defendants represented to plaintiff that
certain facts relative to payments two plaintiff were true in
each of the contracts listed above. Further, Defendant made multiple
promises and verbally too Plaintiff, which were captured and aired
on the television show MTB. Two defendants representations were false.
Defendant did not intend to perform these promises when they
were made or at any time. Defendants knew that their
representations were false and that they were made, and they
had made such representations recklessly and without regard for the
truth and such representations. Defendant intended that Plaintiff rely on
their representations and promises. Plaintiff reasonably relied on defendants representations
and promises. Defendants did not perform the promised acts. Plaintiff
was harmed. Plaintiff's reliance on defendant's representations and promises was
a substantial factor in causing plaintiff to suffer general, consequential
and incidental damages, including economic damage. According to proof at trial,
defendants knew or could reasonably have foreseen that the harm
and special circumstances were likely to occur in the ordinary
course of events as a result of the defendant's breaches
a contract. Accordingly, defendant's conduct was intentional misrepresentation. As an
actual approximate result of defendants intentional and unlawful misrepresentation and
false promises, Plaintiff has lost wages, profits, benefits, royalties, and
has incurred other out of pocket expenses As an actual
and approximate result of defendants fraudulent acts, Plaintiff has suffered
physical injury and became mentally upset, stressed, and aggravated. Plaintiff
has experienced post traumatic stress disorder, mental anguish, aggravation, anxiety, humiliation, embarrassment, sleeplessness,
loss of appetite, low self esteem, depression, upset stomach, and
other forms of extreme emotional distress. Plaintiff claims damages for
physical injuries and mental distress in an amount according to
proof at trial. The above described actions were perpetrated and
or ratified by a managing agent, employee, or officer of defendant,
and each of them These acts were done with me
naly fraud, oppression, and reckless disregard of Plaintiff's rights. Further
set actions were despicable in character and warrant the imposition
of punitive damages in a sum sufficient to punish and
deterred defendant's future conduct. Defendant's continuous threats, coercion, and interference
with plaintiff's music career prevented plaintiff from asserting or rights
within the statutorially prescribed period. Defendants should be EA stop
from asserting the Statute of limitations as a defense due
to the duress exerted upon plaintiff. Thirteenth cause of action
negligent hiring, training, supervision, and retention against Defendant BBE, Bad
Boy Records, Colm's Enterprise, UMG UMG Distribution, SJCBMMTV, VIACOM, Paramount, JCP,
and JCPH. Plaintiff incorporates by reference all preceding paragraphs and
reallegis them as if fully set forth here in. The
offense alleged here in resulted in whole or in part
due to the failure of the defendants to employ qualified
persons for positions of authority and order, to train or
supervise the conduct of such persons during their employment, and
or to promulgate appropriate policies and procedures, either formally or
by custom, properly or conscientiously. Defendants were negligent in hiring, training, retention, supervision, direction, control, appointment,
and or promotion of their employees, agents, and or servants,
including but not limited to, each of the defendants named
here in. Defendants knew or should have known, in the
exercise of reasonable care, the propensity of their employees and
partners to engage in the wrongful conduct heretofore alleged here in.
Defendants were negligent, careless, and reckless in its screening, hiring, training, retention, supervision, direction, control, appointment,
and promotion of their agents, servants, and employees in that
said employees lacked the experience and ability to be hired.
I said defendants in failing to exercise doe care and
caution in their screening, hiring, appointment, and promotion practices, and
in particular, hiring individuals who lacked the mental capacity and
ability to function on behalf of said defendants, in that
these individuals lack the maturity, sensibility, and intelligence to function
on behalf of said defendants. In that said defendants knew
of the lack of ability, experience, and maturity of these
individuals when they hired them, knew of the propensity of
said individuals to act in the belligerent, aggressive, violent, and
a legal manner in which they did. In that said defendance,
their agents, servants, and or employees failed to supervise, train, suspend,
and or terminate these individuals when such action was either
proper or required, and in being otherwise careless, negligent, and reckless.
In this instance, the failure of the defendants to adequately
train its agents, servants, and employees in the reasonable exercise
of their job duties and the laws of the United
States of America is evidence of the defendant's reckless lack
of cautious regard for the rights of the public in
general and plaintiff in particular, and exhibited a lack of
that degree for due care which reasonable and prudent individuals
would show under the same similar circumstances. Defendants new or
should have known in the exercise of reasonable care the
propensity of its agents, servants, and employees to engage in
the wrongful conduct heretofore alleged in this complaint. Defendants new
Or should have known that its policies, customs and practices,
as well as its negligent hiring, retention, supervision, training, appointment,
and promotion of its agents, servants, and employees, created an
atmosphere where the most prominent offenders felt assured that their
brazen acts of abuse, misconduct, and neglect would not be
swiftly and effectively investigated nor adverse employment action or prosecution taken.
The mistreatment, abuses, and violations of plaintiff rights as set
forth above were the reasonably for seeable consequence of defendants
negligent conduct. The aforesaid acts and omissions of Defendant and
its agents, servants, and employees resulted in the plaintiff's rights
being violated and her being injured as a result of
the conduct can plained of Herein plaintiffs suffered the 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. All right,
we're going to wrap up this one right here, and
in the next episode dealing with the topic, we're going
to pick up with the fourteenth cause of action negligence.
All of the information that goes with this episode, including
my contact information, can be found in the description box.