Legal Documents

The father of the boy who accused Michael Jackson of child molestation filed this May 7, 1996 complaint, claiming that the pop star violated a 1994 out-of-court settlement by denying the molestation allegations.

"I could never harm a child or anyone. It's not in my heart. It's not who I am," Jackson said in an interview with Diane Sawyer on ABC's Prime Time Live, according to the complaint. "So what I said is I have got to get out from under this nightmare. All these lies and all of these people coming forth to get paid and all of these tabloid shows. It's lies, lies, lies, lies."

The boy's father claims that ABC, Jackson and other parties "developed, orchestrated and carried out a scheme to falsely accuse the minor [whose name we've deleted] of lying about his claims that Defendant Jackson had sexually molested and assaulted the minor."


DENNIS G. MERENBACH, Esq.,
State Bar No. 39269
225 East Carrillo Street, Suite 202
Santa Barbara, California 93101
(805) 963-4484

Attorney for Plaintiff

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY 
OF SANTA BARBARA 

[THE BOY'S FATHER],

Plaintiff,

vs.

MICHAEL JOSEPH JACKSON;
MJJ PRODUCTIONS, INC., A
CALIFORNIA CORPORATION;
MICHAEL JACKSON, d/b/a MIJAC
MUSIC; MICHAEL JACKSON d/b/a
MIRAN INTERNATIONAL; MICHAEL
JACKSON d/b/a NEVERLAND
VALLEY RANCH; NEVERLAND
ZOO FOUNDATION; RELATED
COMPANIES; AND ALL OTHER
CORPORATIONS OR FOUNDATIONS
OWNED OR CONTROLLED BY MICHAEL
JOSEPH JACKSON; LISA MARIE
PRESLEY; WARNER-TAMERLANE
PUBLISHING CORP.; SONY MUSIC
CORPORATION; WALT DISNEY
COMPANY; "ABC" CAPITOL CITIES
BROADCASTING; DIANE SAWYER;
and DOES 1 THROUGH 300,
Inclusive,

Defendants.

COMPLAINT FOR DAMAGES AND PUNITIVE DAMAGES FOR: 

(1) BREACH OF CONTRACT (MJ);
(2) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (MJ); (3) 
SLANDER-LIBEL (MJ); (4) SLANDER-LIBEL (MJ & "ABC") (5) 
NEGLIGENCE ("ABC" & SAWYER); (6) CONSPIRACY (MJ, LMP & 
"ABC"); (7) INTENTIONAL INTERFERENCE WITH CONTRACT ("ABC" 
& LMP); (8) THIRD PARTY TORTIOUS CONDUCT ("ABC" & 
LMP,"ABC"); (9) SLANDER-LIBEL (MJ & "SONY"); (10) THIRD PARTY 
TORTIOUS CONDUCT ("SONY"); (11) UNJUST ENRICHMENT (M3, 
"ABC" & "SONY"); (12) ACCOUNTING (MJ,"ABC" & "SONY") (13) 
INJUNCTIVE RELIEF ("SONY"); (14) ATTORNEYS' FEES, AND; (15) 
DEMAND FOR JURY TRIAL 


Plaintiff alleges:

GENERAL ALLEGATIONS.

1. Plaintiff [The Boy's father] is, and at all times relevant hereto, was an 
individual residing in the County of Los Angeles, State of California. 

2. Defendant Michael Joseph Jackson ("Jackson") is, and at all times relevant 
hereto, was an individual residing in the County of Santa Barbara, State of 
California, at a location known as the "Neverland Valley Ranch" in Los Olivos, 
California. Defendant Jackson, at all times herein mentioned, was and is doing 
business as MJJ Productions, Inc., a California Corporation; Michael Jackson 
d/b/a MlJAC Music; Michael Jackson d/b/a Miran International; Michael 
Jackson d/b/a Neverland Valley Ranch; Neverland Zoo Foundation; Related 
Companies; and All Other Corporations Or Foundations Owned Or Controlled 
By Michael Joseph Jackson. 

3. Plaintiff is informed and believes and thereon alleges that prior to and on or 
about June 14, 1995, Lisa Marie Presley, was the wife of Defendant Jackson, 
and was aware of the Confidentiality Agreement between Plaintiff and 
Defendant Jackson, as set forth hereafter. 

4. Plaintiff is informed and believes and thereon alleges, that Warner Tamerlane 
Publishing Corp., is a corporation duly authorized to publish and administer all 
aspects of the music contained in the album "HIStory", and other like products. 

5. Plaintiff is informed and believes, and thereon alleges, that Defendant Diane 
Sawyer (Defendant Sawyer) is employed by Defendant "ABC" to host "Prime 
Time Live." 

6. Plaintiff is informed and believes and thereon alleges that Defendant "ABC" 
Capital Cities Broadcasting (hereinafter "ABC") is a corporation duly authorized 
to engage in various media activities including, but not limited to, the 
production and broadcasting of the television program "Prime Time Live," 
hosted by Defendant Diane Sawyer. 

7. Plaintiff is informed and believes and thereon alleges that Defendant Walt 
Disney Company is a corporation duly authorized to engage in business 
activities in the State of California. Plaintiff is informed and believes, and 
thereon alleges, that during 1995, Defendant Disney purchased "ABC", resulting 
in Disney's liability and responsibility for "ABC's" conduct as set forth below. 

8. Defendant Sony Music Corporation (hereinafter "Sony") is a corporation duly 
authorized to do business in the State of California. In 1995, Defendant "Sony", 
at all times herein mentioned, distributed Defendant Jackson's musical album 
entitled "HIStory Past, Present, and Future - Book 1," including the release of 
audio cassettes, video cassettes, and other like mediums. 

9. Plaintiff is ignorant of the true names and capacities of Defendants sued 
herein as DOES 1 through 300, inclusive, and therefore sues these Defendants 
by such fictitious names. Plaintiff will amend the complaint to allege their true 
names and capacities when ascertained. Plaintiff is informed and believes, and 
thereon alleges that each of the fictitiously named Defendants are responsible in 
some manner for the occurrences herein alleged and that Plaintiff's damages as 
herein alleged were proximately caused by Defendants' conduct. 

10. Plaintiff is informed and believes and thereon alleges that at all times herein 
mentioned each of the Defendants was the agent and employee of each of the 
Defendants, and in doing the things hereinafter alleged, was acting within the 
course and scope of such agency and employment. 

11. Plaintiff is the biological father of [NAME DELETED]. Plaintiff's minor son 
[NAME DELETED] is and at all relevant times has been a minor and was a 
Plaintiff in a prior case against Defendant Jackson. Plaintiff is, and at all times 
relevant herein, was of the Jewish faith. All Defendants were aware that Plaintiff 
was [NAME DELETED]'s father, and a public figure as a result of a relentless 
media campaign instituted by Defendants. 

12. Defendant Jackson is the internationally famous musical entertainer, known 
as the "King of Pop", whose financial empire is so large and pervasive that a 
great number of individuals, including certain other Defendants named herein, 
or unknown, are, in whole or in part, financially dependent upon, and whose 
own financial success and notoriety is in whole or in part dependent upon the 
success and notoriety of Michael Jackson. 

13. In January 1994, Defendant Jackson entered into a confidential agreement to 
settle all claims involving Plaintiff. 

14. In reliance on and in consideration of Defendant Jackson's promises and 
representation set forth in the Agreement, Plaintiff agreed to release Defendant 
Jackson from any and all claims. 

15. On or about January 25, 1994, the public was informed of a mutual 
resolution as set forth in Attachment No. 1, to the underlying [The Boy's Father] 
v. Jackson lawsuit (hereinafter referred to as the "Underlying Action"). 

16. Plaintiff is informed and believes and thereon alleges that the public was 
informed that this mutual resolution was in the form of a confidentiality 
agreement. 

17. Defendant Jackson, his related companies and other Defendants, names and 
unnamed, proceeded on a course of conduct to rehabilitate the commercial value 
of Defendant Jackson's image by intentionally breaching the Agreement for the 
purpose of commercial exploitation and financial enrichment. 

18. In January of 1994, and continuing thereafter, Defendant Jackson and Does 
1 through 100, developed, orchestrated, participated and carried out a scheme to 
falsely accuse the minor, [NAME DELETED], in the news media of lying about 
his claims that Defendant Jackson had sexually molested and assaulted the 
minor. Concomitantly, Defendant Jackson, DOES 1 through 100, and each of 
them, falsely accused Plaintiff in the news media of "extortion", and falsely 
accused the Plaintiff of fabricating Defendant Jackson's sexual molestation of 
Plaintiff's minor son [NAME DELETED]. Defendants falsely denied the 
allegations of Plaintiff and his minor son [NAME DELETED]. However, 
Defendants deliberately and maliciously made and disseminated these false 
denials about Plaintiff and his minor son [NAME DELETED] to the news 
media, and others, with the intent of damaging and destroying the reputation of 
Plaintiff and his minor son [NAME DELETED] to divert public attention away 
from the public perception that Defendant Jackson molested Plaintiff's minor 
son [NAME DELETED]. 

19. Each act by the Defendants evolved out of a course of conduct designed to 
protect the above-mentioned Michael Jackson's commercial image and financial 
empire and the Defendants' own personal financial involvement. 

20. Plaintiff is informed and believes and thereon alleges that the facts as set 
forth in the Daily News of January 26, 1994, are true as follows: 


". . . The terms of the out-of-court settlement . . . were sealed by a Superior 
Court Judge in Santa Monica . . .". 

". . .Larry Feldman, attorney for the boy, said: 'Hopefully everybody will leave 
him alone and he will get to repair some very, very deep wounds . . .He gets to... 
go and turn on television and not worry about Michael Jackson and him being in 
the news..." 


21. Plaintiff is informed and believes and thereon alleges that the facts as set 
forth in the Wall Street Journal of May 19, 1995, are true as follows: 


". . . Sony Corp . . . is set to launch a $30 million dollar marketing campaign for 
Mr. Jackson's new album . . . which will be available on June 20 . . . For Mr. 
Jackson the new release is an opportunity to restore a reputation that was badly 
tarnished last year by an investigation into allegations of child molestation. Sony 
is counting on the double album, which includes 15 greatest hits and 15 new 
songs, to generate sales of at least $500 million dollars world-wide. The 
company will be "disappointed" if the album, which will have a suggested retail 
price of $31.50, fails to sell at least 20 million copies, says Mel Ilberman, 
chairman of Sony Music International. . .". 

". . . Sony is counting on its mammoth marketing campaign to overcome such 
resistance and to lure older buyers. The campaign kicks off on Memorial Day 
Weekend with a four minute promotional trailer that will be shown in more than 
1000 theaters. Later, print ads will appear in USA Today, US Magazine and 
Entertainment Weekly, among others, publications, and television commercials 
will air on most of the morning news shows. Mr. Jackson will also appear on 
Prime Time Live with Diane Sawyer and give a concert performance in 
December broadcast live on Time Warner Inc.'s Home Box Office." 

". . . We expect to sell this album over two Christmas seasons, something we've 
never done before, says Sony's Ilberman. "There will be at least seven songs that 
we will release as singles, which combined with a Michael Jackson tour early 
next year, will take us through Christmas 1996. . .". 

". . . Mr. Jackson's appeal has dropped sharply during the past two years, 
especially among non-black consumers, according to Steven Levitt, president of 
Marketing Evaluations, Inc, a company in Port Washington, New York, that 
tracks the "Q ratings" or popularity of performers, athletes and celebrities. . .". 

". . . He's got a real problem," says Mr. Levitt. "If his album knocks everybody's 
teeth out, Michael Jackson may still have a great success. But if the majority of 
his sales have in the past come from non-whites, it will be tough." 


22. Defendant Michael Jackson and his wife Defendant Lisa Marie Presley, and 
Does 101 through 200, and each of them, made an engagement, and/or entered 
into a contract, agreement, commitment, understanding or other obligation with 
Defendant "ABC" and its Prime Time Live Program," to appear for and give a 
live and unprivileged Interview to discuss the "Underlying Action" violative of 
the parties' agreement. 

23. Plaintiff is informed and believes and thereon alleges that the public was not 
informed by Defendant "ABC" that Defendant "ABC" had offered major 
financial inducements and favors to Defendant Jackson to induce him to 
intentionally breach the parties' Confidentiality Agreement. Plaintiff is informed 
and believes, and thereon alleges that as a consequence of Defendant Jackson's 
breach of the terms of the Agreement in appearing on Defendant "ABC's" Prime 
Time Live, Defendant Jackson obtained a financial benefit of a value equal to 
the cost of 40 minutes of advertising on that program, plus Defendant "ABC's" 
agreeing to make 10 showings each of 4 minutes in duration of Defendant 
Jackson's music videos at no cost to Defendant Jackson. 

24. Plaintiff is informed and believes and thereon alleges that as a consequence 
of the inducements offered by Defendant "ABC", which in part caused the 
breach by Defendant Jackson, the market share of "Prime Time Live" soared 
and the ratings went up, causing a financial enrichment to "ABC" in an amount 
unknown at this time to Plaintiff, but which Plaintiff is informed and believes 
and thereon alleges, to be in excess of $60,000,000.00. 

25 In addition to the financial inducements offered by Defendant "ABC", 
Defendant Jackson and Defendants agreed to the Interview in order to redeem 
and rehabilitate his commercially valuable public image in light of the 
averments contained in the "Underlying Action", and to intentionally cast 
Plaintiff and his minor son [NAME DELETED] in a false light violative of 
Defendant Jackson's express obligations pursuant to the terms of the Agreement. 

26. On or about June 14, 1995, Defendant Jackson, and his wife Defendant Lisa 
Marie Presley, participated in and gave a nationally promoted prime-time 
television broadcast, which was advertised as a "no holds barred" Interview of 
Defendant Jackson by Defendant Sawyer on Defendant "ABC's" News Program 
"Prime Time Live" regarding allegations involving the "Underlying Action". 
The conduct of Defendant Jackson and his wife Defendant Lisa Marie Presley 
was expressly barred by the Agreement. Plaintiff is informed and believes, and 
thereon alleges that on June 14, 1995, "Prime Time Live" was viewed by tens of 
millions of people, in the United States, and in various foreign countries. 

27. On June 14, 1995, during the unprivileged Interview, Defendant Jackson 
and his wife Defendant Lisa Marie Presley, in an intentional material breach of 
Defendant Jackson's obligations and promises under the Agreement, discussed 
the claims made in the "Underlying Action", and the allegations made by 
Plaintiff and his minor son [Name Deleted] regarding Defendant Jackson's 
sexual molestation. true and correct copy of a transcript of said Interview is 
attached hereto as Attachment No. 2, and incorporated by reference herein as 
though fully set forth. 

28. During the Interview with Defendant Jackson and his wife Defendant Lisa 
Marie Presley, as set forth in Attachment No. 2, which is incorporated herein by 
reference as though fully set forth, Defendant Sawyer, inter alia, made 
statements and asked questions as follows: 


SAWYER: ". . . and the father had talked to the Jackson camp about money, 
twenty million dollars, according to the Jackson team. This is that father talking 
to someone he knew on tape. (Film of Plaintiff [The Boy's Father] is viewed). 
Plaintiff's words below are shown on the screen: 'If I go through with this, I win 
big time. There is no way that I lose'. . ." 

SAWYER: "I want to be an specific as I can. Did you ever, as this young boy 
said you did, did you ever, sexually engage, fondle, have sexual contact with 
this child or any other child?" 

JACKSON: "Never. Ever. I could never harm a child or anyone. It's not in my 
heart. It's not who I am. And it's not what . . . I'm not even interested in that." 

JACKSON: "Totally outrages (sic). So what I said is I have got to do something 
to get out from under this nightmare. All these lies and all of these people 
coming forth to get paid and all of these tabloid shows. It's lies, lies, lies, lies. So 
what I did, we got together again with my advisors and they advised me, it was 
hands down, a unanimous decision, resolve the case. This could be something 
that could go on for seven years." 

SAYWER:[sic] "How much money--"

JACKSON: "Let's get it behind us."

SAYWER:[sic] "Can you say how much?"

JACKSON: "It's not what the tabloids have printed. It's not all of this crazy 
outlandish money. No, not at all. I mean the terms of the agreement are very 
confidential." 

PRESLEY: "We have been barred to discuss it." 

SAWYER: "The specific terms."

PRESLEY: "The specific terms, the specific amount." 

JACKSON: "The idea just isn't fair what they put me through because there 
wasn't one piece of information that says I did that. And anyway they turned my 
room upside down, they went through all of my books, all of my video tapes, all 
my private things and they found nothing, nothing, nothing that could say 
Michael Jackson did this. Nothing. To this day nothing. Still nothing, nothing, 
nothing, nothing." 

SAWYER: "Nothing, I got nothing. As you may or may not know, we have 
called everyone we can call, we have checked everything we can check. We 
have gone and tried to see if what we heard before is in fact the case. I want to 
ask you about two things. These reports that we've read over and over again that 
in your rooms they found photographs of the young boys..." 

SAWYER: "You've been cleared of all of the charges and we want to make that 
clear. People saying, look, here's a man who is surrounded by things that 
children love. Here is a man who spends an inordinate amount of time with 
these young boys." 

JACKSON: "That's right."

Defendant Jackson's responses, including, but not limited to the above, 
constitute an intentional material breach of the Agreement and were knowingly 
false. 


29. Plaintiff is informed and believes, and thereon alleges that as a consequence 
of Defendant Jackson's breach of the terms of the Agreement in appearing on 
Defendant "ABC's" "Prime Time Live" the sales and the play of Defendant 
Jackson's records soared and the total economic benefit from the "Prime Time 
Live" Interview, earned Defendant Jackson, and others, in excess of 
$60,000,000.00. 

30. Defendant Jackson, and Does 201 through 300, and each of them, further 
intentionally materially breached his obligations and promises under the 
provisions of the Agreement in that Defendant Jackson, in conjunction with 
Defendant Sony, wrote and caused to be distributed to the public for sale a 
certain musical composition entitled "HIStory Past, Present, and Future - Book 
1" ("HIStory"), including, but not limited to, any and all video cassettes and 
other like mediums. Plaintiff is informed and believes, and thereon alleges, that 
the title of the album, "HIStory," and the recordings of the musical compositions 
contained therein, by innuendo, is Defendant Jackson's expression of his 
feelings of ill will regarding Plaintiff and his minor son [NAME DELETED]. 
Defendant Jackson has used, and continues to use, the "HIStory" album and the 
songs therein as a means to commercially exploit the "Underlying Action." 
Defendant Jackson made derogatory, harmful, malicious and fraudulent public 
statements in the lyrics of the "HIStory" album, including, but not limited to the 
song entitled "They Don't Care About Us", Defendant Jackson's lyrics, inter alia, 
state: 


"Jew me, sue me, everybody do me/Kick me, kike me, don't you black or white 
me; 

"Tell me about what has become of my life? 

"Children who love me, I'm a victim of police brutality/ I'm tired of being a 
victim of fate. . ." 

"Tell me, what has become of my rights/ Am I in reason because you know me, 
defamation from speak free liberty (no, please)" 

"I'm tired of being a victim machine, they're throwin' me in a class with a bad 
name . . ." 

In the song entitled "This Time Around", Defendant Jackson's lyrics, inter alia, 
state: 

" . . . This time around, I'll bet though you really wanna fix me . . . you're makin' 
me sick, though you really wanna get me . . Somebody's out, somebody's out to 
get me, they really wanna fix me, hit me . . . I'm takin' no shit though you really 
wanna get me . . ." 

" . . . He really thought, he really had a hold on me, he really thought, he really 
could control me . . ." 

"I'm takin shit though you really wanna fix . . . Somebody's out, somebody's out 
to use me, they really wanna use me, they falsely accused me . . ." 

"Somebody's out to use me/ They really want to use me, they falsely accuse 
me;" 

In the song entitled "Money", Defendant Jackson's lyrics inter alia, state: 

"If you show me the cash then I will take it/ If you tell me to cry, then I will 
fake it/ Lie for it, Spy for it, kill for it, die for it" 

"So you gonna trust what I say is just in the Devil's game... They don't care, they 
do me for the money, they don't care, they use me for the money . . ." 

". . . I'll never betray or deceive you me friend, but if you . . . you sue it for the 
money, want your pot of gold, need the micas touch, but you sell your soul, 
because your God is such . . . are you infected with the same disease of lust, 
glutony, and greed. The watch the ones with the widest smiles . . ." 

In the song entitled "They Used Me For The Money/They Don't Care" and in 
the song entitled "2 Bad" Defendant Jackson's lyrics, inter alia, state: 

"I'm tired of you hustling me"

In the song entitled "D.S.", Defendant Jackson's lyrics, inter alia, state: 

"They wanna get my ass/ Dead or alive/ You know he really tried to take me/ 
Down by surprise/ 

I bet he missioned with the CIA/ He don't do half what he say" 

"Dom Sheldon is a cold man . . ."

"He out shock in every single way/ He'll stop at nothing just to get his political 
say/ He think he bad cause he's BSTA/ I bet he never had a social life anyway" 

"You think he brother with the KKK?/ I know his mother never taught him right 
anyway/ He want your vote just to remain TA/ He don't do half what he say" 
"Does he send letters to the FBI?/ Did he say to either do it or die" 

And, in the song entitled "Tabloid Junky", Defendant Jackson's lyrics, inter alia, 
state: 

"It's slander, you say it like a sword, but your pen you torture me . . . Just 
because you read it in a magazine, or me it on a T.V. screen, don't make factual/ 
They say he's homosexual . . . it's slander,. . ." 


31. Plaintiff is informed and believes and thereon alleges that the facts as set 
forth in the Entertainment Weekly of June 16, 1995, are true as follows: 


". . . Sony Entertainment, which signed a much-hyped deal potentially worth $1 
billion with Jackson in 1991, is taking no chances. Still hoping to salvage its 
investment in the scandal-scarred singer, Sony is reportedly spending 30 million 
to promote the album in a publicity megablitz. The $7 million video of 
"Scream", Jackson's duet with sister Janet Jackson, will debut June 13, the day 
before he and Lisa Marie sit down for an hour-long interview with Diane 
Sawyer on "ABC's" Prime Time Live. Sony execs hope to keep the album alive 
through Christmas 1996 by gradually releasing at least seven singles. . .' People 
like Michael or Madonna constantly resurrect themselves. The entertainment 
industry in pursuit of the almighty dollar follows their lead'. . .". 


32. Plaintiff is informed and believes and thereon alleges that the facts as set 
forth in the Washington Post of June 18, 1995, are true as follows: 


". . . With History, Michael is back with a vengeance that is both personal and 
professional. As the title implies, this is Jackson's side of the story, reduced to 
attacks on the media ("Stop presurrin' me") and pleas for pity ("Have you seen 
my childhood?"). . .". 

". . . It's also an example of masterfully manipulative marketing that includes a 
$4 million theatrical teaser for a $10 million two disc album featuring 15 new 
songs and 15 remastered hits, a $7 million video, and an 18-month, $30 million 
promotional campaign by Sony, a video "History" and last Wednesday's "Prime 
Time Live" interview with Diane Sawyer. . . " 

". . . On Prime Time Live, Jackson again passionately denied the molestation 
charges, insisting he would never 'harm' a child. Sawyer did not push on any 
issue and made two errors of fact: indicating that the charges arose out of an 
extortion attempt by the boy's father in exchange for his son's silence 
(prosecutors cleared the father and, as part of the settlement, Jackson agreed to 
withdraw the extortion allegations). Sawyer also said that the case was now 
closed, but the Santa Barbara District Attorneys' Office has said it will remain 
open until the expiration of the statute of limitations on child molestation 
charges - in 1999 . . .". 


33. Plaintiff is informed and believes and thereon alleges that the facts as set 
forth in the New York Daily News of June 19, 1995, are true as follows: 


". . . In 11 out of 15 new Michael Jackson songs on History. . . the singer uses 
his must as payback to the world of accusers. . . This broken record effect 
wouldn't be so bad if the complaints were new to Jackson. But he's been playing 
some kind of misunderstood victim for many years. . .". 


34. Plaintiff is informed and believes and thereon alleges that the facts as set 
forth in the New York Times of June 19, 1995, are true as follows: 


". . .Semantically, there's a clear distinction being made between the harshly 
pejorative 'kike' on one hand, and black or white on the other. Syntactically, 
'Jew' here is a verb, synonymous with sue, what Jews are presumed to do, like 
some aggressive lawyers much in the news and some with whom Mr. Jackson 
may have lately have had some dealings. If he had simply acknowledged that 
the words were ill chosen, his response would not have been so disturbing. 
Instead, he sought to exculpate himself in terms that raise more questions than 
they put to rest. "... In the interview with Diane Sawyer. . . he exonerates his 
song by putting it back in the context of - Himself...' It's not anti-Semitic 
because I am not a racist person'. . . The argument goes: 'If I am not racist, then 
my words, even though they are anti-Semitic, are not directed against Jews'. . . . 
It seems strange that Michael Jackson should never have observed how 
regularly the most vicious stereotyping is prefaced with the claim that the 
speaker is not racist. . . But Mr. Jackson has gone one step further. By 
maintaining that he is not the attacker but the accused and attacked, he has 
elevated himself to being not just a victim but the supreme victim - a visible 
emblem of all who are marginalized and excluded... Victim and savior, Michael 
Jackson . . . sees himself as the crucified Lord . . . But being godlike has its 
dangers: He who is all things, who occupies every margin - the voice of 
everyone - has the perfect understanding that insures perfect forgiveness. In the 
eye of the Lord, we are all His children, and from His elevated perspective there 
is no distinction between black or white, skinhead and Jew... But for us down 
here, for us mortals, such distinctions may be a matter of life and death. God 
may forgive a white skinhead, but a black or a Jew, who is his victim, cannot 
afford to . . .". 


35. Plaintiff is informed and believes and thereon alleges that the facts as set 
forth in Time Magazine of June 26, 1995, are true as follows: 


". . . Barely a song goes by without some reference to his new found status as 
the world's greatest victim . . .". 


36. Plaintiff is informed and believes and thereon alleges that the facts as set 
forth in Hollywood Reporter of July 13, 1995, are true as follows: 


". . . Michael Jackson turned over a revised recording of 'They Don't Care About 
Us' to Sony's Epic Records on Wednesday, eliminating the anti-Semitic phrases 
'Jew me' and 'Kike me', a source said . . . In deciding to re record the song he 
said: 'I acknowledge that I seriously offended some people, which was never my 
intention, and for that I am deeply sorry. I have come to understand over the 
past days, that these words are considered anti-Semitic'. . .". 


37. Plaintiff is informed and believes and thereon alleges that the facts as set 
forth in Vanity Fair issue of September 1995, are true as follows: 


". . . On June 14, some 60 million people tuned in to see Diane Sawyer 
interview Michael Jackson and his bride, Lisa Marie Presley, on "ABC" New's 
Prime Time Live. The widely advertised 'no holds barred' interview, the 
capstone of a $30. million marketing campaign for Jackson's new album, 
History . . .". 

" . . . When the show ended, many with detailed knowledge of the case were 
appalled by what "ABC" News had allowed Jackson to get away with, and by 
Sawyer's . . . inability to follow up within the format dictated by the Jackson 
forces. . .". 

" . . . Controversy raged for days over the way "ABC" had bent news standards 
to accommodate Jackson's many demands, not to mention the outcry over the 
cruel revenge tone... Sawyer . . . and the Prime Time team, in giving no one but 
Jackson a say, left crucial areas unreported or incorrectly reported: for example, 
that Jackson had been 'cleared' of all charges. . . 'You can't go into the bedroom 
[at Neverland]. It's locked and alarmed and the floor is electronically wired,' 
says DA Sneddon . . .". 

". . . Even Jackson's camp admits he slept in the same bed with the boy all those 
nights . . . the boy himself, according to sources close to the case, was 
considering going into the witness protection program - such was his fear of the 
retribution he would suffer by  publicly alleging that Michael Jackson was a 
pedophile. . .". 

". . . 'Regarding the markings', Sneddon says: 'his statement on TV is untrue and 
incorrect and non consistent with the evidence in the case.' Others familiar with 
the evidence are more forthcoming. They say there are definite markings on 
Jackson's genital area, including discoloration on his testicles . . . The boy lives 
with his stepmother... He continues to have a relationship with his father, who 
was accused by Jackson's side of extortion but whom authorities declined to 
prosecute, saying there wasn't enough evidence - another fact not mentioned by 
Diane Saywer[sic]. . .". 

". . . Then it was learned that "ABC" had swapped the airing of 10 TV 
commercials for Jackson's new album ads worth between $300,000 and $1.5 
million - for rights to 'future Michael Jackson music videos'. . . According to the 
Bloomberg Business News Service, which broke the story, the commercials ran 
in the week between Sawyer's interview and the release of the album. . .". 

". . . A producer for one network told me: 'It's difficult to pretend there was not 
quid pro quo in the "ABC" deal. Jackson's people approached a bunch of us.' 
Basically they said: 'Come back to us with a proposition, and not just what you 
can do with your news division - that is not enough' . . .". " . . .'I have no idea 
what the purpose of her show is', District Attorney Sneddon wondered, 
somewhat taken aback after having spent three hours on a Saturday afternoon 
helping to prime one of Sawyer's producers. 'Is it the Evening News or Hard 
Copy?'. . . Whatever it was, 60 million Americans and untold millions around 
the world got something less than the truth . . .". 


38. All acts by Defendant Jackson herein alleged were maliciously intended to 
cause Plaintiff great harm and suffering directly and indirectly by Plaintiff 
observing and caring for the suffering of Plaintiff's minor son [REDCATED] 
because of Defendants' continual disclosure of false facts regarding the 
"Underlying Action" through Defendants' use of the media. Since January of 
1994, Plaintiff and his minor son [NAME DELETED] have received numerous 
death threats from Defendant Jackson's fans, who believe Defendants' claim that 
Plaintiff is an extortionist. The continual denial by Defendant Jackson, and 
others, of the truth of the facts of the "Underlying Action", and in the continual 
playing of his album HIStory, (the allegorical denial of the true facts), causes 
continuing emotional suffering by Plaintiff who is also commercially exploited 
by Defendant Jackson. Plaintiff continues to suffer damages and will suffer 
damages in the future in an amount presently unascertainable. Defendants' acts 
as set forth in the General Allegations should be enjoined forthwith to prevent 
Plaintiff's further harm caused by Defendants' violation of the Agreement. 


FIRST CAUSE OF ACTION AGAINST DEFENDANT JACKSON AND 
DOES 1 THROUGH 100. (For Breach of Contract) 

39. Plaintiff hereby incorporates by reference all of the paragraphs of the 
General Allegations as though fully set forth herein. 

40. Since January of 1994, Plaintiff has performed all covenants and conditions 
to be performed on his part under and pursuant to the terms of the Agreement. 

41. Defendant Jackson, and Does 1 through 100, and each of them, have 
materially breached the Agreement as set forth herein. 

42. As a direct and proximate result of Defendant Jackson's, and others' material 
breach of the Agreement as herein alleged for commercial exploitation and 
financial enrichment, Plaintiff demands all economic benefits gained by 
Defendant Jackson and other Defendants from the commercial exploitation of 
the facts of the "Underlying Action" in an amount in excess of $60,000,000.00. 

43. As an additional direct and proximate result of Defendant Jackson's and 
others' material breach of the agreement as herein alleged, and because of the 
need to repair the reputation of the Plaintiff, Plaintiff seeks the equitable remedy 
of an order to allow him to publish and cause to be distributed to the public for 
sale a certain musical composition entitled "EVANstory." This album will 
include such songs as: "D.A. Reprised": "You Have No Defense (For My 
Love)"; "Duck Butter Blues"; "Truth"; and other songs. 


SECOND CAUSE OF ACTION AGAINST DEFENDANT JACKSON, AND 
DOES 1 THROUGH 100. (For Intentional Infliction of Emotional Distress) 

44. Plaintiff hereby incorporates by reference all of the paragraphs of the 
General Allegations, and the allegations of all prior Causes of Action as though 
fully set forth herein. 

45. From January 1994, to and including the present, Defendant Jackson and 
Does 1 through 100, and each of them, made continuous and intentional public 
false statements about Plaintiff's activities regarding the "Underlying Action", 
caused the Plaintiff to suffer severe and extreme emotional distress. 

46. The conduct of Defendant Jackson and others as herein described was done 
with the intent to cause, or with reckless disregard to cause, Plaintiff severe and 
extreme emotional distress. Such extreme and outrageous conduct exceeds all 
bounds of decency, and is of a nature which was and is specifically calculated to 
cause, and did cause Plaintiff to suffer extreme and severe emotional distress. 
Plaintiff is therefore entitled to recover damages according to proof. 

47. Plaintiff is informed and believes, and thereon alleges that in doing the 
things alleged herein, Defendants Jackson and others acted fraudulently, 
oppressively and maliciously, and in conscious disregard of Plaintiff's rights, 
thereby entitling Plaintiff to an award of punitive damages against Defendants 
and others in an amount according to law. 


THIRD CAUSE OF ACTION AGAINST DEFENDANT JACKSON AND 
DOES 1 THROUGH 100. (For Slander-Libel) 

48. Plaintiff hereby incorporates by reference all of the paragraphs of the 
General Allegations, and the allegations of all prior Causes of Action as though 
fully set forth herein. 

49. Plaintiff is informed and believes, and thereon alleges that during and in the 
course of the Interview, Defendant Jackson and Does 1 through 100, and each 
of them, uttered and published false and defamatory statements concerning 
Plaintiff, which were reasonably understood by those who viewed the Interview 
as referring to Plaintiff. 

50. Among other things, Defendant Jackson, and others, falsely answered the 
allegations that he had sexually molested Plaintiff's minor son [NAME 
DELETED] as being: "Lies, lies, lies, lies." Plaintiff is informed and believes 
and thereon alleges that this and similar false and defamatory statements were 
made by Defendant Jackson during the course of the Interview with the intent of 
conveying the false and defamatory idea that Plaintiff was lying and propagating 
a deliberate falsehood by asserting that Defendant Jackson had sexually 
molested Plaintiff's minor son [NAME DELETED]. 

51. The words uttered by Defendant Jackson were slanderous per se because 
they made false statements regarding Plaintiff's reputation, business reputation, 
and by innuendo by impliedly accusing Plaintiff of committing the crime of 
extortion. 

52. The words were understood by those who saw and heard them in a way 
which defamed Plaintiff and his minor son [REDCATED] because the words 
were intended to slander Plaintiff's reputation in an attempt to make the public 
believe that Plaintiff and his minor son [NAME DELETED] made false 
allegations against Defendant Jackson to compel him to wrongfully enter into an 
Agreement. Defendant Jackson caused Plaintiff to suffer substantial damages as 
set forth herein. 

53. As a direct proximate result of the above-described words, Plaintiff has 
suffered the following special damages: Plaintiff has suffered loss of his 
reputation, shame, mortification, emotional distress, and injury to his feelings, 
while suffering and continuing to suffer general and special damages as set forth 
herein. 

54. The above-described words were spoken by Defendant Jackson because of 
his feelings of hatred and ill will toward the Plaintiff and with a desire to 
oppress Plaintiff, and thus entitling Plaintiff to an award of exemplary and 
punitive damages in an amount according to law. 


FOURTH CAUSE OF ACTION FOR SLANDER AGAINST DEFENDANT 
JACKSON, AND DEFENDANT "ABC" DOES 101 THROUGH 200. (Slander-
Libel) 

55. Plaintiff hereby incorporates by reference all of the paragraphs of the 
General Allegations, and the allegations of all prior Causes of Action as though 
fully set forth herein. 

56. Plaintiff is informed and believes, and thereon alleges, that Defendant 
Jackson and Defendant "ABC", and Does 101 through 200, and each of them, 
uttered and published false and defamatory statements concerning Plaintiff, 
which were reasonably understood by those who listened to "ABC's" 
unprivileged Interview with Defendant Jackson as set forth herein. 

57. The words uttered by Defendant Jackson and Defendant "ABC", et al., were 
slanderous per se because they made false statements regarding Plaintiff's 
reputation, business reputation, and by innuendo by falsely representing that 
Defendant Jackson is a victim of Plaintiff's criminal conduct. 

58. The words uttered were understood by those who saw and heard them in a 
way which defamed Plaintiff because the words were intended to slander 
Plaintiff's reputation in an attempt to make the public believe that Plaintiff and 
his minor son [NAME DELETED] made false allegations against Defendant 
Jackson to compel him to wrongfully enter into a Agreement, because 
Defendant Jackson did not sexually molest Plaintiff's minor son [NAME 
DELETED]. Defendant Jackson and Defendant "ABC", et al., caused Plaintiff 
to suffer substantial damages as set forth herein. 

59. As a direct proximate result of the above-described words, Plaintiff has 
suffered the following special damages: Plaintiff has suffered lose of his 
reputation, shame, mortification, emotional distress, and injury to his feelings, 
while suffering and continuing to suffer general and special damages in an 
amount according to proof. 

60. The above-described words were spoken by Defendant Jackson, and others, 
because of his feelings of hatred and ill will toward the Plaintiff and with a 
desire to oppress Plaintiff, and thus entitling Plaintiff to an award of exemplary 
and punitive damages in an amount according to law. 


FIFTH CAUSE OF ACTION AGAINST DEFENDANT "ABC" AND 
DEFENDANT SAWYER AND DOES 101 THROUGH 200 (For Negligence) 

61. Plaintiff hereby incorporates by reference all paragraphs of the General 
Allegations and the Allegations of all prior Causes of Action, as though fully set 
forth herein. 

62. Defendant "ABC", Defendant Saywer[sic], and Does 101 through 200, and 
each of them, had a duty of due care not to conduct the Interview of Defendant 
Jackson because Defendants stated during the Interview that they had called 
everyone they could call and checked everything they could check and thus had 
knowledge that the well-publicized Agreement prevented Defendant Jackson 
from appearing on television and discussing any matters relating to the 
"Underlying Action". Defendant "ABC" and Defendant Sawyer knew or should 
have known that Defendant Jackson would violate terms of the Agreement and 
make false and defamatory statements about Plaintiff in any Interview 
conducted by the aforesaid Defendants regarding the "Underlying Action". 
Defendant "ABC" also knew that Defendant Jackson had not been cleared of all 
criminal charges. Defendant "ABC" further knew that the Santa Barbara District 
Attorney's Office had a continuing investigation which would stay open until the 
statute of limitations had run on the acts of Defendant Jackson. 

63. In doing the acts herein alleged, the Defendants, and each of them, so 
negligently, carelessly, and recklessly performed their duties in permitting 
Defendant Jackson to be Interviewed and to falsely discuss matters relating to 
the Underlying Agreeing and Defendant Jackson's relationship with Plaintiff's 
minor son [NAME DELETED]. 

64. As a proximate result of the negligence of Defendants, and Does 101 
through 200, and each of them, the subject matter discussed on "Prime Time 
Live", as set forth in Attachment 2, caused Plaintiff to suffer loss of his 
reputation, shame, mortification, emotional distress, and injury to his feelings, in 
a sum according to proof at the time of trial. 


SIXTH CAUSE OF ACTION AGAINST DEFENDANT JACKSON, AND HIS 
WIFE DEFENDANT LISA MARIE PRESLEY AND DEFENDANT SAWYER 
AND DOES 101 THROUGH 200 (Conspiracy) 

65. Plaintiff hereby incorporates by reference all of the paragraphs of the 
General Allegations of all the prior Causes of Action, as though fully set forth 
herein. 

66. Defendant Jackson, his wife Defendant Lisa Marie Presley, Defendant 
"ABC", Does 101 through 200, and each of them, conspired to intentionally 
interfere with the Agreement between Plaintiff and Defendant Jackson. Plaintiff 
is informed and believes and thereon alleges that this unlawful conspiracy was 
an agreement, whether oral or written, between the conspirators, express or 
implied, to intentionally breach the Agreement entered into by Plaintiff and 
Defendant Jackson by allowing Defendant Jackson to discuss matters relating to 
the "Underlying Action" on "ABC's" "Prime Time Live." 

67. The purpose of Defendants' conspiring to breach Plaintiff and Defendant 
Jackson's agreement was to enhance the commercial value and image of 
Defendant Jackson. The conspirators wanted to focus public attention on 
Defendant Jackson by making Defendant Jackson appear to be a victim of an 
extortion plot perpetrated by Plaintiff. The conspirators intended to influence the 
public's perception of Defendant Jackson as a victim to induce sympathy in the 
public to cause the public to purchase Defendant Jackson's music album 
"HIStory" and video, thus exploiting Defendant Jackson's unlawful acts for 
commercial gain. The attempt to induce sympathy was disguised in the 
Interview by asking the manufactured lingering questions as to Defendant 
Jackson's guilt, or in the words of Defendant Saywer: "unequaled injustice and 
hell", as the victim of the Plaintiff. 

68. As a proximate result of Defendants' wrongful acts pursuant to the 
conspiracy herein alleged, on June 14, 1995, Defendant Jackson, Defendant 
Presley, Defendant "ABC", Does 101-200, knowingly participated in the 
conspiracy herein alleged by virtue of Defendant Jackson's appearance on 
"Prime Time Live." 

69. Plaintiff has performed all conditions, covenants, and promises under the 
Agreement on his part to be performed as herein alleged. 

70. As a further direct and proximate result of the wrongful acts pursuant to the 
conspiracy herein alleged, Plaintiff has been generally damaged as set forth 
herein. 

71. Defendants, and each of them, did the things herein alleged oppressively and 
maliciously entitling Plaintiff punitive damages in an amount according to law. 


SEVENTH CAUSE OF ACTION AGAINST DEFENDANT "ABC", 
DEFENDANT LISA MARIE PRESLEY, AND DOES 101 THROUGH 200 
(For Intentional Interference With Contract) 

72. Plaintiff hereby incorporates by reference all paragraphs of the General 
Allegations, and the allegations of all prior Causes of Actions, as though fully 
set forth herein. 

73. At all times herein mentioned, Defendant Jackson was carrying on the 
business of the internationally famous musical entertainer, known as the "King 
of Pop" under the name and style of "Michael Jackson," residing in Los Olivos, 
California. 

74. In January 1994, Plaintiff entered into an Agreement with Defendant 
Jackson, which was publicized in the media as a Confidential Agreement. 

75. By the terms of said publicized Agreement, Plaintiff and Defendant Jackson 
were, inter alia, to refrain from appearing on any form of media to discuss the 
Underlying Action, or receive any benefits therefrom. 

76. Plaintiff duly performed all conditions required of him by said Agreement. 

77. Plaintiff is informed and believes, and thereon alleges, that during 1995, 
Defendant "ABC", and Defendant Lisa Marie Presley, on behalf of Defendants, 
Does 101 through 200, and each of them, with knowledge of the existence and 
confidential terms of said Agreement between Plaintiff and Defendant Jackson, 
Defendants falsely represented to Defendant Jackson that he could be 
Interviewed on Defendant "ABC's" "Prime Time Live," and discuss matters 
relating to the "Underlying Action", thereby providing Defendant Jackson the 
opportunity to falsely deny his sexual molestations of Plaintiff's minor son 
[NAME DELETED], and thus by innuendo to denounce and disparage Plaintiff 
and his son [NAME DELETED]'s claims, rendering them as baseless. 

78. In 1995, Defendant "ABC", on behalf of Defendants, Does 101 through 200, 
and each of them, intended to cause Plaintiff's Agreement with Defendant 
Jackson to be intentionally breached by allowing said Defendant Jackson and 
his wife Defendant Lisa Marie Presley to be Interviewed on national television. 

79 . As a direct and proximate result of Defendant "ABC's" wrongful conduct as 
alleged herein, Plaintiff is informed and believes and thereon alleges that 
Defendant Jackson was unjustly! enriched in a sum in excess of $60,000.000.00. 

80. AS a further direct and proximate result of Defendant "ABC's" wrongful 
conduct as alleged herein, Plaintiff is informed and believes, and thereon 
alleges, that said Defendant "ABC" was unjustly enriched in a sum in excess of 
$60,000.000.00. 

81. As a further direct and proximate result of Defendant "ABC's" wrongful 
conduct as alleged herein, Plaintiff has suffered, and continues to suffer, general 
and special damages and special damages in an amount to be determined at the 
time of trial. 

82. As a further direct and proximate result of Defendants' conduct as herein 
alleged, Plaintiff has suffered panic, trauma, humiliation, disgrace, worry, 
anxiety, mental anguish, physical and emotional distress, all to his damage in a 
sum in excess of $750,000.00. 

83. In doing the acts herein alleged, the Defendant "ABC", and Does 101 
through 200, and each of them, acted with fraud, malice, and oppression 
pursuant to the provisions of Civil Code section 3294, entitling Plaintiff to 
punitive damages in an amount according to law. 


EIGHT CAUSE OF ACTION AGAINST DEFENDANT PRESLEY AND 
DEFENDANT "ABC" AND DOES 101 THROUGH 200. (For Tortious 
Conduct) 

84. Plaintiff hereby incorporates by reference all paragraphs of the General 
Allegations, and the allegations of all prior Causes of Action, as though fully set 
forth herein. 

85. Defendant Presley and Defendant "ABC", Does 101 through 200, and each 
of them, had a duty of due care not to enter into any agreements for Defendant 
Jackson to be Interviewed on "Prime Time Live", as set forth herein. 

86. In doing the acts herein alleged, the aforesaid Defendants, and each of them 
did so negligently, carelessly, and recklessly performed their duties, and should 
have known that Defendant Jackson would violate terms of the Agreement and 
make false and defamatory statements about Plaintiff in any Interview 
conducted by the aforesaid Defendants regarding the "Underlying Action". 

87. In doing the acts herein alleged, the Defendants, and each of them, so 
negligently, carelessly, and recklessly performed their duties in permitting 
Defendant Jackson to be Interviewed and allowing him to falsely discuss 
matters relating to the "Underlying Agreeing", including falsely denying any 
sexual relationship with Plaintiff's minor son [NAME DELETED]. 

88. As a direct and proximate result of Defendant Presley and Defendant 
"ABC", Does 101 through 200, and each of their conduct alleged above, 
Plaintiff has suffered, and continues to suffer general and special damages in an 
amount to be determined according to proof at time of trial, which Plaintiff is 
informed and believes and thereon alleges is in excess of the sum of 
$60,000,000.00. 

89. As a further direct and proximate result of Defendant Presley and Defendant 
"ABC", Does 101 through 200, and each of their conduct alleged above, 
Plaintiff was required to expend his time and energy to gather facts, seeking and 
conferring with legal counsel, and filing a legal action to redress said 
Defendants' tortious conduct, all to Plaintiff's detriment in a sum to be proved at 
the time of trial. 

90. As a direct and proximate result of the conduct of Defendant Presley and 
Defendant "ABC", and Does 101 through 200, and each of them, as alleged 
herein, Plaintiff has been required to retain legal counsel and incur legal costs 
and reasonable attorney's fees, all to Plaintiff's detriment in a sum to be proved 
at the time of trial. 

91. As a proximate result of the negligence of Defendants, Does 101 through 
200, and each of them, and the matters discussed on "Prime Time Live", 
included herein as Attachment No. 2, Plaintiff suffered loss of his reputation, 
shame, mortification, emotional distress, and injury to his feelings, in a sum 
according to proof at the time of trial. 

92. In doing the acts herein alleged, Defendants acted with fraud, malice, and 
oppression pursuant to the provisions of Civil Code section 3294, entitling 
Plaintiff to punitive damages in an amount according to law. 


NINTH CAUSE OF ACTION FOR SLANDER AGAINST DEFENDANT 
JACKSON AND DEFENDANT SONY CORPORATION AND DOES 201 
THROUGH 300 (Slander-Libel) 

93. Plaintiff hereby incorporates by reference all of the paragraphs of the 
General Allegations, and the allegations of all prior Causes of Action as though 
fully set forth herein. 

94. Plaintiff is informed and believes, and thereon alleges, that Defendant 
Jackson and Defendant Sony, and Does 201 through 300, and each of them, 
uttered and published false and defamatory statements concerning Plaintiff, 
which were reasonably understood by those who listened to the "HIStory" music 
as referring to Plaintiff. 

95. The lyrics of the "HIStory" album defamed Plaintiff as set forth herein. 

96. The words uttered by Defendant Jackson and Defendant Sony were 
slanderous per se because they made false statements regarding Plaintiff's 
reputation, business reputation, and by innuendo by falsely representing that 
Defendant Jackson is a victim of Plaintiff's conduct. 

97 The words were understood by those who saw and heard them in a way 
which defamed Plaintiff because the words were intended to slander Plaintiff's 
reputation in an attempt to make the public believe that Plaintiff and his minor 
son [NAME DELETED] made false allegations against Defendant Jackson to 
compel him to wrongfully enter into a Agreement, because Defendant Jackson 
did not sexually molest Plaintiff's minor son [NAME DELETED]. Defendant 
Jackson caused Plaintiff to suffer substantial damages as set forth herein. 

98. As a direct proximate result of the above-described words, Plaintiff has 
suffered the following special damages: Plaintiff has suffered loss of his 
reputation, shame, mortification, emotional distress. and injury to hie feelings, 
while suffering and continuing to suffer general and special damages in an 
amount according to proof. 

99. The above-described words were spoken by Defendant Jackson because of 
his feelings of hatred and ill will toward the Plaintiff and with a desire to 
oppress Plaintiff, and thus entitling Plaintiff to an award of exemplary and 
punitive damages in an amount according to law. 


TENTH CAUSE OF ACTION AGAINST DEFENDANT SONY AND DOES 
201 THROUGH 300. (For Tortious Conduct) 

100. Plaintiff hereby incorporates by reference all paragraphs of the General 
Allegations and the allegations of all prior Causes of Action, as though fully set 
forth herein. 

101. Defendant Sony, Does 201 through 300, and each of them, had a duty not 
to enter into any agreements, contracts, or other obligations for the writing, 
publicizing, advertising, distributing, and selling of any music regarding the 
"Underlying Action" violative of the provisions of the Agreement. 

102. In doing the acts herein alleged, the aforesaid Defendants, and each of 
them, so negligently, carelessly, and recklessly performed their duties in writing, 
publicizing, advertising, distributing, and selling of the "HIS tory" music, 
knowing that it would violate terms of the parties' Agreement, and allowed 
Defendant Jackson, et al., to make false and defamatory statements about 
Plaintiff regarding the "Underlying Action" as set forth herein. 

103. As a direct and proximate result of the conduct of Defendant Sony, Does 
201 through 300, and each of them, alleged above, Plaintiff has suffered, and 
continues to suffer general and special damages in an amount to be determined 
according to proof at time of trial, which Plaintiff is informed and believes and 
thereon alleges is in excess of the sum of $60,000,000.00. 

104. As a further direct and proximate result of the conduct of Defendant Sony, 
Does 201 through 300, and each of them, alleged above, Plaintiff was required 
to expend his time and energy to gather facts, seeking and conferring with legal 
counsel, to file a legal action to redress said Defendants' tortious conduct, all to 
Plaintiff's detriment in a sum to be proved at the time of trial. 

105. As a direct and proximate result of the conduct of Defendant Sony, Does 
201 through 300, and each of them, alleged above, Plaintiff has been required to 
retain legal counsel and incur legal costs and reasonable attorney's fees, all to 
Plaintiff's detriment in a sum to be proved at the time of trial. 

106. As a proximate result of the negligence of Defendants in creating and 
selling the "HIStory" music album, video cassettes, etc., Plaintiff has suffered 
loss of his reputation, shame, mortification, emotional distress, and injury to his 
feelings, all to his damage as set forth herein. 

107. As a proximate result of the negligence of Defendants and each of them, as 
set forth below, Plaintiff suffered loss of his reputation, shame, mortification, 
emotional distress, and injury to his feelings, in a sum according to proof at the 
time of trial. 

108. In doing the acts herein alleged, the Defendants acted with fraud, malice, 
and oppression pursuant to the provisions of Civil Code Section 3294, entitling 
Plaintiff to punitive damages in an amount according to law. 


ELEVENTH CAUSE OF ACTION AGAINST DEFENDANTS JACKSON. 
"ABC", SONY, AND DOES 1 THROUGH 300. (For Unjust Enrichment) 

109. Plaintiff hereby incorporates by reference all of the paragraphs of the 
General Allegations, and the allegations of the First Cause of Action as though 
fully set forth herein. 

110. Within the last two years, or since July 14, 1995, Defendant Jackson, 
"ABC", Sony, and Does 1 through 300, and each of them, became indebted to 
Plaintiff in a sum in excess of $60,000,000.00 for money had and received by 
Defendants for the use and benefit of Plaintiff. 

111. Neither the whole nor part of this sum has been paid, although demand 
therefor has been made by this Complaint, and there is now due and owing, and 
unpaid a sum in excess of $60,000,000.00, with interest thereon at the rate of ten 
percent per annum from June 14, 1995. 


TWELFTH CAUSE OF ACTION AGAINST DEFENDANT JACKSON 
DEFENDANT "ABC", DEFENDANT SONY, AND DOES 1 THROUGH 300. 
(For Accounting) 

112. Plaintiff hereby incorporates by reference all of the paragraphs of the 
General Allegations and the allegations of the First and Eleventh Causes of 
Action, as though fully set forth herein. 

113. By virtue of the Agreement entered into by Plaintiff and Defendant 
Jackson, whose terms-Defendant "ABC", Defendant Sony, Does 1 through 300, 
and each of them, knew or should have known, Plaintiff is entitled to all 
economic benefits obtained from Defendants' breach of said Agreement. 

114. As a result of the aforementioned, said Defendants have received money, 
all of which is due Plaintiff from Defendants as herein alleged. 

115. The amount of money due from Defendants to Plaintiff is unknown to 
Plaintiff and cannot be ascertained without an accounting of the receipts and 
disbursements of the income from the promotions, sales of records, 
endorsements, contracts, including, but not limited to, other financial 
considerations, in the United States, or worldwide. Plaintiff is informed and 
believes, and thereon, alleges that the amount due Plaintiff exceeds the sum of 
$60,000,000.00. 

116. By this Complaint, Plaintiff demands an accounting of the aforementioned 
pecuniary benefits from Defendants, and payment of the amount found due, 
which Defendants have failed, refused, and continues to fail and refuse to render 
such an accounting to pay such sums as Plaintiff is entitled to under the 
Agreement set forth herein. 


THIRTEENTH CAUSE OF ACTION AGAINST DEFENDANT JACKSON, 
DEFENDANT SONY, DOES 1 THROUGH 300 (For Injunctive Relief) 

117. Plaintiff hereby incorporates by reference all of the paragraphs of the 
General Allegations and the allegations of all prior Causes of Action, as though 
fully set forth herein. 

118. Plaintiff is informed and believes, and thereon alleges, that beginning in 
June 14, 1995, and continuing to the present, Defendant Jackson, Sony, and 
Does 1 through 300, and each of them, wrongfully and unlawfully, in direct 
violation of the aforementioned Agreement, discussed matters relating to the 
"Underlying Action" through the lyrics and music written and distributed by 
Defendants known as "HIStory" as set forth herein. 

119. Defendants' sale of any album, audio cassette, containing the "HIStory" 
music, or the playing of such music by unknown third parties constitutes a 
continuous breach of the Agreement as set forth herein. 

120. Defendants' past and present wrongful conduct, unless and until enjoined 
and restrained by order of this court, will cause great and irreparable injury to 
Plaintiff in that Plaintiff will continue to suffer slander to his name and 
emotional and physical distress as set forth herein caused by Defendants' breach 
of the Agreement. 

121. Plaintiff has no adequate remedy at law for the injuries currently being 
suffered of which are threatened in that it will be impossible for Plaintiff to 
determine the precise amount of damage which he will suffer if Defendants' 
conduct is not restrained and Plaintiff may be forced to institute a multiplicity of 
suits to obtain adequate compensation for his injuries. 

122. Plaintiff requests a jury trial.


WHEREFORE, Plaintiff prays judgment as follows: 

1. For general damages described in Plaintiff's First Cause of Action; 

2. For an order as described in Plaintiff's First Cause of Action; 

3. For general damages described in Plaintiff's Second Cause of Action; 

4. For special damages described in Plaintiff's Second Cause of Action; 

5. For punitive damages described in Plaintiff's Second cause of Action; 

6. For general damages described in Plaintiff's Third Cause of Action; 

7. For special damages described in Plaintiff's Third Cause of Action; 

8. For punitive damages described in Plaintiff's Third Cause of Action; 

9. For general damages described in Plaintiff's Fourth Cause of Action; 

10. For special damages described in Plaintiff's Fourth Cause of Action; 

11. For punitive damages described in Plaintiff's Fourth Cause of Action; 

12. For general damages described in Plaintiff's Fifth Cause of Action; 

13. For special damages described in Plaintiff's Fifth Cause of Action; 

14. For general damages described in Plaintiff's Sixth Cause of Action; 

15. For special damages described in Plaintiff's Sixth Cause of Action; 

16. For punitive damages described in Plaintiff's Sixth Cause of Action; 

17. For general damages described in Plaintiff's Seventh Cause of Action; 

18. For special damages described in Plaintiff's Seventh Cause of Action; 

19. For punitive damages described in Plaintiff's Seventh Cause of Action; 

20. For general damages described in Plaintiff's Eighth Cause of Action; 

21. For special damages described in Plaintiff's Eighth Cause of Action; 

22. For punitive damages described in Plaintiff's Eighth Cause of Action; 

23. For reasonable attorney's fees described in Plaintiff's Eighth Cause of 
Action; 

24. For the reasonable value of Plaintiff's time described in Plaintiff's Eighth 
Cause of Action; 

25. For general damages described in Plaintiff's Ninth Cause of Action; 

26. For special damages described in Plaintiff's Ninth Cause of Action; 

27. For punitive damages described in Plaintiff's Ninth Cause of Action; 

28. For general damages described in Plaintiff's Tenth Cause of Action; 

29. For Special damages described in Plaintiff's Tenth Cause of Action; 

30. For punitive damages described in Plaintiff's Tenth Cause of Action; 

31. For reasonable attorneys' fees described in Plaintiff's Tenth Cause of Action; 

32. For the reasonable value of Plaintiff's time as described in Plaintiff's Tenth 
Cause of Action; 

33. For general damages described in Plaintiff's Eleventh Cause of Action for 
Defendants' unjust enrichment; 

34. For an accounting between Plaintiff and Defendants as set forth in Plaintiff's 
Twelfth Cause of Action; 

35. For the amount found to be due from Defendants to Plaintiff as a result of 
the accounting and interest on that amount from and after June 14, 1995, at the 
legal rate of ten (10) percent per annum, as set forth in Plaintiff's Twelfth Cause 
of Action; 

36. For an order requiring Defendants to show cause, if any they have, why they 
should not be enjoined as hereinafter set forth during the pendency of this action 
from producing and selling records, albums, audio or video cassettes contained 
in "HIStory" describing Defendant Jackson's feeling regarding the Underlying 
Action violative of the parties' agreement as herein alleged; 

37. For a temporary restraining order, a preliminary injunction, and a permanent 
injunction, all enjoining Defendant JACKSON, Defendant Sony, and Does 1 
through 300, and each of them, and all persons acting in concert with them, as 
set forth in Plaintiff's Thirteenth Cause of Action, from: 

a. Producing and selling any Computer Disks, albums, audio or video cassettes, 
or music videos contained in "HIStory" describing Defendant Jackson's feeling 
regarding the Underlying Action; 

b. Advertising the sale of any Computer Disks, albums, audio or video cassettes, 
or music videos contained in "HIStory" describing Defendant Jackson's feeling 
regarding the Underlying Action; 

38. For costs of suit herein incurred;

39. Plaintiff makes a demand for jury trial; and 

40. For such other and further relief as the Court deems just and proper. 


Dated: May 7, 1996

ORIGINALLY SIGNED BY
Dennis G. Merenbach

DENNIS G. MERENBACH, Esq.
Attorney for Plaintiff,
[THE BOY'S FATHER]


We wish to jointly announce a mutual resolution to the [The Boy's Father] v. 
Jackson lawsuit. As you are aware, the Plaintiff has alleged certain acts of 
impropriety by Mr. Jackson, and, from the inception of those allegations, Mr. 
Jackson has strongly denied he engaged in any misconduct. However, the 
emotional trauma and strain on the respective parties have caused both parties to 
reflect on the wisdom of continuing in this litigation. 

The Plaintiff has agreed the lawsuit should be resolved, and while Mr. Jackson 
continues to maintain his innocence, he withdraws any previous allegation of 
extortion. This will allow. the parties to get on with their lives in a more positive 
and productive manner. 

Much of the suffering these parties have been put through was caused by the 
publicity surrounding this case. We jointly request that members of the press 
allow the parties to close this chapter in their lives with dignity so that the 
healing process may begin. 

/s/
Johnny Cochran
1/21/94

/s/
Larry R. Felder
1/21/94

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