Tim W. v. Jehovah's Witnesses — Court Documents (2012)

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Not a Watch Tower publication

Papers of a civil suit in the United States brought by people who were abused as children by members of Jehovah's Witness congregations: complaints, motions, depositions and rulings, often with the Society's internal letters to elders attached as exhibits.

Court Records: Child Abuse Cases: Court records and official inquiries about how allegations of child sexual abuse were handled in congregations of Jehovah's Witnesses: the exhibits and hearing transcripts of Case Study 29 of Australia's Royal Commission into Institutional Responses to Child Sexual Abuse (2015), the 2013 hearing before a committee of the Parliament of Victoria, the papers of civil suits in the United States (including Conti and Lopez) and a judgment of the High Court in London (2015). A handbook for lawyers prepared by former members (2016) summarises these cases from the plaintiffs' side. The court papers are public documents. For a student of the organisation they are among the few sources that show, under oath and with internal letters and instructions attached as evidence, how the written policies for elders — the "two-witness" rule, judicial committees, reporting to authorities, confidentiality — were applied in real cases, and how the Society responded in court and later revised its policies. Petitions and complaints state the plaintiffs' allegations, not findings of a court. They contain distressing accounts of abuse; victims are often named by pseudonyms or initials, as in the originals. The Society's own statements on the subject are in its publications in this archive.

About the Related Works section

Court Documents

Tim W vs Jehovah's Witnesses

Secrets of Pedophilia in an American Religion

Jehovah’s Witnesses in Crisis

BARBARA ANDERSON

Court Documents

Tim W

Jehovah’s Witnesses Rudy Nolen, Esq., SBN 59808

Jonathan Saul, Esq., SBN 189271

William Brelsford, Esq., SBN 202839

NOLEN SAUL BRELSFORD

350 University Ave, Suite 280

Sacramento, California 95825

Telephone: (916) 564-9990

Facsimile: (916) 564-9991

Attorneys for Plaintiff TIM W.

2003 JUL 24 PH 3:25

JACNE RODRIGUEZ

COURT EXECUTIVE OFFICER

B VIRGINIA COMEORT DEPUTY

THIS Matter is Subject to the Trial Court DELAY REDUCTION ACT, GOVERNMENT CODE 68600 ET SEQ. AND TEHAMA COUNTY RULES3.00 ET SEQ.

SUPERIOR COURT OF CALIFORNIA

COUNTY OF TEHAMA

TIM W.,

Plaintiffs,

VS.

WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC. WATCHTOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA, INC. WATCHTOWER ENTERPRISES, L.L.C. WATCHTOWER FOUNDATION, INC. WATCHTOWER ASSOCIATES, LTD. KINGDOM SUPPORT SERVICES, INC. CHRISTIAN CONGREGATION OF JEHOVAH'S WITNESSES, RELIGIOUS ORDER OF JEHOVAH'S WITNESSES, NORTH CONGREGATION OF JEHOVAH'S WITNESSES, RED BLUFF, CA, INC. JAMES HENDERSON, and DOES 1 though 20, inclusive,

Defendants.

CASE NO: 52594

Jury Trial Demanded

Complaint for Damages:

Sexual Battery and Respondeat Superior

Common Law Negligence

Negligent Appointment, Retention, and Supervision

Gross Negligence - Wilful Misconduct

Breach of Fiduciary Duty

Negligence Per Se and Common Law Negligence: Failure to Report Suspected Child Abuse

Fraud, Fraudulent Concealment, and Conspiracy

Ratification

Alter Ego and Single Business Enterprise

Violation of Penal Code \§32

PLAINTIFFS' ORIGINAL COMPLAINT

COMES NOW TIM W., Plaintiff in the above-numbered and entitled cause, and files this, his Original Complaint, and allege as follows: / I.

PARTIES

Plaintiff TIM W., born October 26, 1977, is and, at all times mentioned herein, was a resident of Tehama County, California. At all material times, Plaintiff was also a child entrusted to the Watchtower Defendants' care within the State of California. As a child, Plaintiff was sexually abused by an elder appointed by the Watchtower Defendants' organization within the State of California.

Defendant WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC., a corporation organized and existing under the laws of the State of New York, has conducted business within the State of California through its agents and alter egos and may be served with process through its California agent for service of process James M. McCabe, 4817 Santa Monica Avenue, San Diego CA 92107.

Defendant WATCHTOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA, a corporation organized and existing under the laws of the State of Pennsylvania, has conducted business within the State of California through its agents and alter egos and may be served with process at its offices located at 1630 Spring Run Road Extension, Coraopolis, Pennsylvania 15108.

Defendant WATCHTOWER ENTERPRISES, INC., a limited liability company organized and existing under the laws of the State of New York, has conducted business within the State of California through its agents and alter egos and may be served with process at its offices located at 25 Columbia Heights, Brooklyn, New York 11201.

Defendant WATCHTOWER FOUNDATION, INC., a corporation organized and existing under the laws of the State of New York, has conducted business within the State of California through its agents and alter egos and may be served with process at its offices located at 25 Columbia Heights, Brooklyn, New York 11201.

Defendant WATCHTOWER ASSOCIATES, LTD., a corporation organized and existing under the laws of the State of New York, has conducted business within the State of California through its agents and alter egos and may be served with process at its offices located at 147 Holiday Drive, Westbury, New York 11797.

Defendant KINGDOM SUPPORT SERVICES, INC., a corporation organized and existing under the laws of the State of New York, has conducted business within the State of California through its agents and alter egos and may be served with process at its offices located at 98 Montague Street, Brooklyn, New York 11201.

Defendant CHRISTIAN CONGREGATION OF JEHOVAH'S WITNESSES, a corporation organized and existing under the laws of the State of New York, has conducted business within the State of California through its agents and alter egos and may be served with process at its offices located at 100 Watchtower Drive, Patterson, New York 12563-9204

Defendant RELIGIOUS ORDER OF JEHOVAH'S WITNESSES, a corporation organized and existing under the laws of the State of New York, has conducted business within the State of California through its agents and alter egos and may be served with process at its offices located at 25 Columbia Heights, Brooklyn, New York 11201-2483.

Defendant NORTH CONGREGATION OF JEHOVAH'S WITNESSES, RED BLUFF, CA, INC. is a corporation organized and existing under the laws of the State of California. At all material times, it maintained its offices at Kingdom Hall Building, 755 Reeds Avenue, Red Bluff, Tehama, County, Califomia.

Defendant JAMES HENDERSON resides and may be served with process at his last known place of residence, 25 Gilmore Road, Space 17, Red Bluff, California 96080.

Plaintiff alleges on information and belief that at all relevant times, defendants DOES 1 through 20 inclusive, are individuals and/or business or corporate entities incorporated in and/or doing business in California.

The true names and capacities, whether individual, corporate, associate, or otherwise, of defendants DOES 1 through 20, inclusive, are unknown to Plaintiff who therefore sues such defendants by such fictitious names, and will amend the complaint to show the true names and capacities of each DOE defendant when ascertained. Plaintiff alleges on information and belief that each defendant designated as a DOE is legally responsible in some manner for the events, happenings, and/or tortuous, and unlawful conduct that caused the injuries and damages alleged in this complaint.

The Defendant entities are collectively referred to herein as the "WATCHTOWER DEFENDANTS" and each is the agent and alter ego of each other and operates as a single business enterprise. Each of the WATCHTOWER DEFENDANTS was acting within the scope and course of his or its authority as an agent, servant, and/or alter ego of the other and each of them engaged in, joined in and conspired with the other wrongdoers in carrying out the unlawful activities alleged in this complaint.

II. JURISDICTION AND VENUE

Plaintiff has been damaged in an amount exceeding the minimum jurisdictional requirements of this Court.

Venue is proper in Tehama County, California because Defendant NORTH CONGREGATION OF JEHOVAH'S WITNESSES, RED BLUFF, CA, INC. has its principal place of business in Tehama County and because most of the acts or omissions that give rise to Plaintiff's claims occurred in Tehama County, California.

FACTS COMMON TO ALL CAUSES OF ACTION

In the past, certain Elders, Ministerial Servants, Pioneers, Male Publishers, agents, volunteers and other leaders and representatives of the WATCHTOWER DEFENDANTS' organization, including Defendant JAMES HENDERSON, have used their positions of authority within the WATCHTOWER DEFENDANTS' organization to sexually abuse minors, including Plaintiff. The WATCHTOWER DEFENDANTS were notified of the abuse of these minors by their elders and other leaders, including Defendant JAMES HENDERSON , but failed to take reasonable steps to ensure the safety of Plaintiff and other minor children entrusted to their care and to prevent future acts of molestation. This suit seeks compensation for Plaintiff, one of the victims of this sexual abuse.

All paragraphs of this Complaint are based on information and belief, except for those allegations, which pertain to the Plaintiff and his counsel. Plaintiff's information and belief are based upon, inter alia, the investigation conducted to date by Plaintiff and his counsel.

Each allegation in this Complaint either has, or is likely to have, evidentiary support upon further investigation and discovery.

The WATCHTOWER DEFENDANTS' organization is a hierarchical structure in which the GOVERNING BODY, which is a small group of men who operate out of various entities within the hierarchical structure, sits at the top of a chain of command that extends over each individual and Defendant entity in the organization including its worldwide operations. These individuals and entities act as agents, servants and alter egos of each other. Authority for actions by the organization or its members derive from the GOVERNING BODY.

All of the WATCHTOWER DEFENDANTS are the agents and servants of each other and are vicariously liable for each other's acts. The WATCHTOWER DEFENDANTS are so organized and controlled and their affairs are so conducted that they are alter egos of each other and operate as a single business enterprise.

Through its hierarchical structure, the WATCHTOWER DEFENDANTS assume responsibility for the development, protection and discipline of its membership, especially the children of members. All male members, whether Elders, Ministerial Servants, Pioneers and/or Publishers, are appointed and empowered by the GOVERNING BODY to carry out this responsibility.

To further their goals, the WATCHTOWER DEFENDANTS authorize male members to develop relationships of trust with women, children and families and to assume a role of counselor and advocate for any problems that might arise, including claims of child abuse. It is the responsibility of the Elders and those higher up in the chain of command, including the GOVERNING BODY, to decide if abuse has occurred and how it should be handled.

Despite knowledge of a problem with sexual abuse of minors by leaders in the WATCHTOWER DEFENDANTS' organization, the WATCHTOWER DEFENDANTS acted with wilful indifference and/or reckless and/or intentional disregard for the interest and safety of the children entrusted to their care. Rather than implement measures to redress and prevent the sexual molestation of these children, the WATCHTOWER DEFENDANTS engaged in a systematic pattern and practice of suppression of information to cover-up and hide incidents of child molestation from law enforcement and their membership in order to protect those within the WATCHTOWER DEFENDANTS' organization who committed acts of sexual molestation against children.

The WATCHTOWER DEFENDANTS have likewise engaged in the routine practice of maintaining secret archival files regarding sexual abuse by Elders, Ministerial Servants, Pioneers, Male Publishers and other leaders in the organization. The existence of these files and the contents thereof were not disclosed to or made available to law enforcement authorities or others in order to investigate the crimes of these leaders in the WATCHTOWER DEFENDANTS' organization. The WATCHTOWER DEFENDANTS furthered this conspiracy of concealment, by among other things, failing to properly report complaints of sexual misconduct to law enforcement authorities and failing to remove molesting leaders or prevent their access to children. Molesting leaders were allowed to remain as leaders in good standing in the organization and were allowed continued frequent and unsupervised access to children in the organization. At all material times, the WATCHTOWER DEFENDANTS prohibited the victim and/or accuser from warning others or speaking about the matter to anyone under penalty of discipline. Victim/accusers were not permitted to report suspected abuse to outside authorities or to other Publishers within the organization, despite secular laws and duties regarding the reporting of sexual abuse. Violation of this policy would lead to severe sanctions. The WATCHTOWER DEFENDANTS also failed to provide Plaintiff and his family with any notice or warning regarding the past misconduct of, and abuse by, leaders in the organization, including James Henderson. The WATCHTOWER DEFENDANTS represented to Plaintiff, members and the public that these leaders were fit to lead, when in fact they were predator pedophiles. The WATCHTOWER DEFENDANTS knew or had reason to know that these leader molesters would continue to sexually molest children, using their leadership positions to gain access and control over their victims.

At all material times, Defendant JAMES HENDERSON was also an appointed leader in good standing with the WATCHTOWER DEFENDANTS' organization. The WATCHTOWER DEFENDANTS affirmatively appointed and placed Defendant JAMES HENDERSON in leadership positions with authority over women and children in the congregation as an Elder.

By 1980, if not before, the WATCHTOWER DEFENDANTS had received non-confidential notice that their appointed agent, Defendant JAMES HENDERSON, had used his appointed leadership position of authority to gain access to and sexually molest children entrusted to the care of the WATCHTOWER DEFENDANTS' organization. Despite this information, the WATCHTOWER DEFENDANTS took no action to report the abuse to authorities, discipline their agent, Defendant JAMES HENDERSON or warn members of the organization of the abuse by Defendant JAMES HENDERSON. Instead, with knowledge of Defendant JAMES HENDERSON'S propensity to use his position of authority to abuse children in the organization, the WATCHTOWER DEFENDANTS continued to appoint Defendant JAMES HENDERSON to the position of Elder in good standing with authority over women and children in the organizations. The WATCHTOWER DEFENDANTS further granted Defendant JAMES HENDERSON the authority to determine how reports of child abuse were to be handled in the local congregation in which he served. This sexual predator used his position of authority within the WATCHTOWER DEFENDANTS' organization to gain access to and abuse children in the WATCHTOWER DEFENDANTS' organization.

In approximately 1994, Defendant JAMES HENDERSON sexually abused Plaintiff TIM W., who was fifteen (15) years old at that time.

On November 24,1994,after the abuse of Plaintiff,TIM W.,JAMES HENDERSON was reported to the police by another victim.

For well over a decade, the WATCHTOWER DEFENDANTS knew or should have known that their appointed agent, Defendant JAMES HENDERSON was using his position of authority in the organization to gain access to and sexually molest and physically abuse adolescents under the care of the organization. Nevertheless, the WATCHTOWER DEFENDANTS continued to appoint Defendant JAMES HENDERSON to leadership positions in their local congregations, entrusting him with the welfare of numerous adolescents in the WATCHTOWER DEFENDANTS' local congregations. The WATCHTOWER DEFENDANTS' agent then used his position of authority in the organization to sexually molest Plaintiff and others. The WATCHTOWER DEFENDANTS failed to notify anyone that Defendant JAMES HENDERSON was molesting or had sexually molested adolescents.

They further failed to take any steps to protect these young victims from his abuse. Instead, they knowingly concealed this information from Plaintiff and others. The WATCHTOWER DEFENDANTS also aided, abetted and ratified the abuse by disciplining the victims who reported the abuse to the WATCHTOWER DEFENDANTS, allowing Defendant JAMES HENDERSON to exercise increased power over them and to further exacerbate the injuries they had suffered.

Plaintiff and his family sought the advice and protection of the WATCHTOWER DEFENDANTS. The WATCHTOWER DEFENDANTS assumed the role of advocate and counselor to Plaintiff and his family and instructed them to keep matters within the WATCHTOWER DEFENDANTS' organization and not to disclose complaints to any other members or outside authorities. Thus, the WATCHTOWER DEFENDANTS aided and abetted the perpetrators and ratified their conduct, causing further damage to Plaintiff.

The WATCHTOWER DEFENDANTS did not report the abuse to law enforcement authorities nor did they warn any other members of the organization to positions of leadership with authority over children. They did not act to help Plaintiff or his family deal with the trauma of abuse and actively prevented them from obtaining help from trained professionals and other available sources. Until 1994 when their agent's conduct was finally reported to the police by another victim, the WATCHTOWER DEFENDANTS took no steps to hold their agent, JAMES HENDERSON, accountable for his conduct or to assist them in addressing their propensities. Even then, the only step the WATCHTOWER DEFENDANTS took was to remove Defendant JAMES HENDERSON from his position as an Elder.

Defendant JAMES HENDERSON used the authority of his position in the WATCHTOWER DEFENDANTS' organization to sexually abuse Plaintiff. The WATCHTOWER DEFENDANTS directly and vicariously caused foreseeable harm to Plaintiff by, among other things:

a. aiding, abetting and ratifying the abuse of children by their appointed agents;

b. blaming, humiliating, sanctioning and/or disciplining victims/accusers of sexual abuse instead of the perpetrator; c.

negligently failing to report such sexual abuse, including the abuse by Defendant JAMES HENDERSON to law enforcement and governmental child welfare agencies and requiring that members not make such reports;

d. negligently failing to warn Plaintiff, his family, and others of the risk of Defendant JAMES HENDERSON'S abuse after they knew or should have known of Defendant JAMES HENDERSON'S propensities to use his position of leadership to engage in acts of sexual abuse against children entrusted to the WATCHTOWER DEFENDANTS' care;

e. negligently failing to train its Elders, Overseers, Ministerial Servants and other appointed leaders to identify, investigate, prevent and respond to or report child abuse;

f. negligently failing to adopt adequate policies and procedures for the protection of children and other members and/or to implement and comply with such procedures that did exist;

g. failing to properly investigate matters brought to the WATCHTOWER DEFENDANTS' attention involving child sexual abuse and/or suspicions of child sexual abuse;

h. negligently failing to provide child abuse victims and their families with any assistance in coping with the trauma of abuse and preventing Plaintiff and his family from reporting the abuse to outside authorities and obtaining outside help to deal with the trauma of abuse;

j. concealing from Plaintiff and his family that the WATCHTOWER DEFENDANTS had information that their agents, Defendant JAMES HENDERSON was using his position of authority to abuse young children entrusted to their care by the WATCHTOWER DEFENDANTS;

k. negligently failing to undertake a sexual offender evaluation, provide sexual offender treatment and/or obtain psychiatric evaluation and treatment of Defendant JAMES HENDERSON after they knew or should have known of his propensities to use his position of leadership to engage in acts of sexual abuse;

negligently retaining and failing to properly supervise Defendant JAMES HENDERSON as a leader in the organization or to monitor his activities after they knew or should have known of his propensities to use his position of leadership to engage in acts of sexual abuse.

FIRST CAUSE OF ACTION SEXUAL BATTERY AND RESPONDEAT SUPERIOR

Plaintiff incorporates herein by this reference and re-alleges paragraphs 1 through 31 of this Complaint as if fully set forth herein.

Plaintiff alleges that for a number of years, beginning in 1994, as an agent and alter ego of the WATCHTOWER DEFENDANTS, Defendant JAMES HENDERSON repeatedly used his position of authority in the WATCHTOWER DEFENDANTS' organization to gain access to Plaintiffs and to engage in un-permitted, harmful, and offensive sexual contact upon the person of Plaintiff, as described herein, without Plaintiff's consent, committing sexual abuse upon the person of Plaintiff in the State of California in violation of Code of Civil Procedure \§ 340.1.

Plaintiff further alleges each of the WATCHTOWER DEFENDANTS was in the chain of command and acted pursuant to the authority granted to them as agents and alter ego of the GOVERNING BODY and each other, utilized such leadership and authority to carry out and/or aid, abet and ratify the sexual abuse of Plaintiff. In such capacity, the WATCHTOWER DEFENDANTS are liable for the sexual abuse of Plaintiff under the legal theory of respondeat superior.

As a legal result of Defendants' conduct as described hereinabove, Plaintiff has suffered, and will continue to suffer great pain of mind, body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life. Further, Plaintiff was prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life. Plaintiff has sustained loss of earnings and earning capacity. Plaintiff has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling.

SECOND CAUSE OF ACTION COMMON-LAW NEGLIGENCE

Plaintiff incorporates herein by this reference and re-alleges paragraphs 1 through 35 of this Complaint as if fully set forth herein.

Plaintiff alleges that at all times herein mentioned, WATCHTOWER DEFENDANTS assumed a duty to protect Plaintiff from sexual predators within the WATCHTOWER DEFENDANTS' organization. The WATCHTOWER DEFENDANTS further knew or should have known that Plaintiff was at risk of foreseeable harm by their agent, Defendants JAMES HENDERSON, but failed to act to protect him from said harm. The WATCHTOWER DEFENDANTS breached their duty to Plaintiff, thereby causing great harm to Plaintiff.

THIRD CAUSE OF ACTION NEGLIGENT APPOINTMENT, RETENTION AND SUPERVISION

Plaintiff incorporates herein by this reference and re-alleges paragraphs 1 through 38 of this Complaint as if fully set forth herein.

Plaintiff alleges that at all times herein mentioned, the WATCHTOWER DEFENDANTS knew or should have known of their agent, Defendants JAMES HENDERSON'S, propensities to use his position as a leader in the local congregations to engage in acts of sexual abuse against children under the care of the WATCHTOWER DEFENDANTS. The WATCHTOWER DEFENDANTS failed to adequately investigate, evaluate, and otherwise research the background of their agent, Defendant JAMES HENDERSON, prior to his appointment to leadership positions and entrusting chilren to his care.

Plaintiff further alleges that after Defendant JAMES HENDERSON was retained by the WATCHTOWER DEFENDANTS acting on behalf of and under the supervision of the WATCHTOWER DEFENDANTS, WATCHTOWER DEFENDANTS failed to adequately investigate, evaluate and otherwise monitor the conduct of their appointed agent, Defendant JAMES HENDERSON, during his interactions with children entrusted By WATCHTOWER DEFENDANTS to his care, thereby also failing to adequately supervise and discipline the conduct of Defendant JAMES HENDERSON.

Plaintiff further alleges that WATCHTOWER DEFENDANTS failed to provide adequate warning to Plaintiff and his family and their agents' dangerous propensities and unfitness to lead.

Plaintiff further alleges that WATCHTOWER DEFENDANTS negligently investigated, appointed, retained and supervised Defendant JAMES HENDERSON as a leader in the organization at a time when they knew or should have known of his propensities to use his leadership position and authority to engage in acts of sexual abuse against Plaintiff and other young children who were in the WATCHTOWER DEFENDANTS' care.

Plaintiff further alleges the WATCHTOWER DEFENDANTS negligently investigated, hired, retained and supervised JAMES HENDERSON and other Elders whom they authorized to investigate, report, and act on all claims of child abuse, thereby failing to provide adequate protection of and/or warning to Plaintiff of their agent's dangerous propensities and unfitness to lead.

FOURTH CAUSE OF ACTION GROSS NEGLIGENCE/WILFUL MISCONDUCT 12 Complaint

Plaintiff incorporates herein by this reference and re-alleges paragraphs 1 through 45 of this Complaint as if fully set forth herein.

Plaintiff alleges that the behavior of the WATCHTOWER DEFENDANTS as described hereinabove demonstrates a conscious indifference to the safety and welfare of Plaintiff, in that WATCHTOWER DEFENDANTS knew or should have known of the dangerous propensities of their agent, Defendant JAMES HENDERSON, yet failed to act to protect the health, safety and welfare of children in the custody and care of WATCHTOWER DEFENDANTS, thereby allowing Plaintiff to be sexually abused, which could have been prevented but for WATCHTOWER DEFENDANTS' wilful misconduct and gross negligence in failing to implement safeguards to protect Plaintiff, in violation of WATCHTOWER DEFENDANTS' duty to protect the children entrusted to Defendant JAMES HENDERSON'S care and custody.

Plaintiff further alleges that WATCHTOWER DEFENDANTS' actions, constituting wilful misconduct and gross negligence described hereinabove, caused significant mental, emotional and physical injuries as a result of the acts of sexual abuse described hereinabove.

FIFTH CAUSE OF ACTION BREACH OF FIDUCIARY DUTY

Plaintiff incorporates herein by this reference and re-alleges paragraphs 1 through 49 of this Complaint as if fully set forth herein.

Plaintiff alleges that by holding JAMES HENDERSON out as a qualified leader in the WATCHTOWER DEFENDANTS' organization, and by undertaking the religious instruction and spiritual and emotional counseling of Plaintiff, the WATCHTOWER DEFENDANTS, created a fiduciary relationship with Plaintiff. The WATCHTOWER DEFENDANTS placed themselves in a position of trust and confidence with Plaintiff and that such relationship imposed on the WATCHTOWER DEFENDANTS a duty to act in Plaintiff's best interest, and to protect Plaintiff's best interest.

Plaintiff further alleges that because of this special relationship, Plaintiff and his family placed their trust and confidence in the WATCHTOWER DEFENDANTS that they would not allow harm to Plaintiff or fail to warn Plaintiff of potential harm. Further, Plaintiff and their families placed their trust and confidence in the WATCHTOWER DEFENDANTS that they would protect Plaintiff from harm.

The above described conduct, either independently or in conjunction with each other, constitutes a breach of the fiduciary duty owed to Plaintiff by WATCHTOWER DEFENDANTS.

SIXTH CAUSE OF ACTION NEGLIGENCE PER SE and COMMON-LAW NEGLIGENCE: FAILURE TO REPORT SUSPECTED CHILD ABUSE

Plaintiff incorporates herein by this reference and re-alleges paragraphs 1 through 54 of this Complaint as if fully set forth herein.

Plaintiff alleges that the WATCHTOWER DEFENDANTS had a duty, under the California Child Abuse and Neglect Reporting Act, California Penal Code \§ 11164 ,et.seq.,(and predecessor provisions) and the common-laws, to report the abuse or suspected abuse of children.

Plaintiff further alleges the WATCHTOWER DEFENDANTS failed to report to law enforcement the abusive and illegal acts of their agent, Defendant JAMES HENDERSON, both prior to and after the abuse inflicted on Plaintiff. By failing to report the actions of Defendant JAMES HENDERSON, the WATCHTOWER DEFENDANTS violated the Child Abuse and Neglect Reporting Act, which is intended to safeguard and enhance the welfare of abused children. Plaintiff was a member of the class of persons that the California Child Abuse and Neglect Reporting Act was designed to protect and was injured as a result of the WATCHTOWER DEFENDANTS' violation of the statute. Such violation constitutes negligence per se.

Plaintiff further alleges the WATCHTOWER DEFENDANTS' failure to report constitutes common-law negligence. The WATCHTOWER DEFENDANTS asserted their authority over both Plaintiff and his abuser and agent, Defendant JAMES HENDERSON, creating a special relationship of trust and confidence and power over Plaintiff. In the context of this special relationship and the unequal relationship among the parties, the WATCHTOWER DEFENDANTS assumed a duty to handle all reports of child abuse and in so doing caused Plaintiff and his family from reporting the abuse to, or seeking help from, sources and authorities outside the WATCHTOWER DEFENDANTS' organization. The WATCHTOWER DEFENDANTS, acted with conscious disregard for the safety and welfare of Plaintiff, violated that duty to Plaintiff's detriment.

As a legal result of the WATCHTOWER DEFENDANTS' failure to report the illegal conduct of Defendant JAMES HENDERSON to law enforcement, Plaintiff was deprived of the benefits provided by the State of California and other trained professionals that would have decreased further harm to the Plaintiff and prevented further abuse. Plaintiff has suffered, and will continue to suffer great pain of mind, body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life. Further, Plaintiff was prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life.

Plaintiff has sustained loss of earnings and earning capacity. Plaintiff has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling.

SEVENTH CAUSE OF ACTION FRAUD AND FRAUDULENT CONCEALMENT AND CONSPIRACY

Plaintiff incorporates herein by this reference and re-alleges paragraphs 1 through 59 of this Complaint as if fully set forth herein.

Plaintiff alleges that after receiving reports that their agent, Defendant JAMES HENDERSON was using his position of authority in the organization to abuse adolescents, the WATCHTOWER DEFENDANTS willfully and intentionally kept the information from Plaintiff, other victims similarly situated and the community-at-large. The WATCHTOWER DEFENDANTS intentionally misrepresented to Plaintiff and his family that Defendant JAMES HENDERSON was a leader in good standing, with authority to instruct Plaintiff and other children in spiritual, ethical and moral matters and that their agent was to be obeyed. The WATCHTOWER DEFENDANTS further intentionally misrepresented that they would act in the best interests of Plaintiff and other children entrusted to their care. The WATCHTOWER DEFENDANTS failed to disclose that they knew of Defendant JAMES HENDERSON'S propensities to use his leadership position to sexually abuse Plaintiff and others and that they were doing nothing to protect the children under their care. Plaintiff did not know of the falsity of the WATCHTOWER DEFENDANTS' representations, was entitled to rely upon them and did in fact rely upon them causing him serious injury and harm.

Plaintiff further alleges that by holding out Defendant JAMES HENDERSON as a leader, qualified to provide religious instruction and counsel, and by undertaking the religious instruction and spiritual and emotional counseling and training of Plaintiff, and by accepting, through their agents Defendants JAMES HENDERSON and other Elders and leaders, the control and responsibility of the Plaintiff as a minor, the WATCHTOWER DEFENDANTS and each of them entered into a fiduciary relationship with the minor Plaintiff.

Plaintiff further alleges that as fiduciaries to Plaintiff, the WATCHTOWER DEFENDANTS, and each of them, had a duty to obtain and disclose information relating to sexual misconduct by their agent, Defendant JAMES HENDERSON.

The WATCHTOWER DEFENDANTS failed to disclose and later conspired to conceal such information from Plaintiff.

The WATCHTOWER DEFENDANTS, in concert with each other and with the intent to conceal and defraud, conspired whereby they would misrepresent, conceal or fail to disclose information relating to the sexual misconduct of their agent, Defendant JAMES HENDERSON. By concealing such information, the WATCHTOWER DEFENDANTS and each of them committed at least one act in furtherance of the conspiracy.

EIGHTH CAUSE OF ACTION RATIFICATION

Plaintiff incorporates herein by this reference and re-alleges paragraphs 1 through 65 of this Complaint as if fully set forth herein.

Plaintiff alleges that upon learning that their agent, Defendants JAMES HENDERSON had sexually abused Plaintiff and others, the WATCHTOWER DEFENDANTS failed to take any steps to hold Defendant JAMES HENDERSON accountable for his actions and continued to appoint or maintain Defendant JAMES HENDERSON to leadership positions in the organization throughout the period of abuse. The WATCHTOWER DEFENDANTS thereby ratified their agent, Defendant JAMES HENDERSON'S, conduct in using his appointed position of authority to sexually abuse Plaintiff and other children.

Further, Plaintiff was prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life. Plaintiff has sustained loss of earnings and earning capacity. Plaintiff has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling.

NINTH CAUSE OF ACTION ALTER EGO AND SINGLE BUSINESS ENTERPRISE

Plaintiff incorporates herein by this reference and re-alleges paragraphs 1 through 68 of this Complaint as if fully set forth herein.

Plaintiff alleges that the WATCHTOWER DEFENDANTS are organized and controlled and their affairs are so conducted that they are in fact mere instrumentalities and alter egos of each other and liable for each other's acts. Alternatively, the WATCHTOWER DEFENDANTS were all engaged, at all times hereinabove mentioned, in a single business enterprise and are liable for each other's acts.

TENTH CAUSE OF ACTION NEGLIGENT USURPATION OF INVESTIGATORY FUNCTION

Plaintiff incorporates herein by this reference and re-alleges paragraphs 1 through 71 of this Complaint as if fully set forth herein.

Plaintiff alleges that California Penal Code Section 11164, et seq., (and predecessor provisions) requires officials to perform specific responsibilities to carry out the policy of the statute described in the Act (and its predecessors). The WATCHTOWER DEFENDANTS assumed these duties and responsibilities, but negligently failed to perform them.

ELEVENTH CAUSE OF ACTION VIOLATION OF CALIFORNIA PENAL CODE SECTION 182

Plaintiff incorporates herein by this reference and re-alleges paragraphs 1 through 74 of this Complaint as if fully set forth herein.

Plaintiff alleges that the WATCHTOWER DEFENDANTS' acts described herein violate California Penal Code Section 182 in that the WATCHTOWER DEFENDANTS conspired with one or more other persons to commit acts injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.

TWELFTH CAUSE OF ACTION VIOLATION OF CALIFORNIA PENAL CODE SECTION 32

Plaintiff incorporates herein by this reference and re-alleges paragraphs 1 through 77 of this Complaint as if fully set forth herein.

Plaintiff alleges that the WATCHTOWER DEFENDANTS' acts described herein violate California Penal Code Section 32 in that the WATCHTOWER DEFENDANTS harbored, concealed and/or aided their agent, JAMES HENDERSON, after their agent JAMES HENDERSON, had committed a felony, with the intent that their agent, JAMES HENDERSON, might avoid or escape arrest, trial, conviction and/or punishment, and the WATCHTOWER DEFENDANTS having knowledge that their agent JAMES HENDERSON had committed a felony.

PRAYER

WHEREFORE, Plaintiff demands judgment against the WATCHTOWER DEFENDANTS individually, jointly and severally as follows:

For past and future medical expenses according to proof;

For general damages according to proof;

For past and future loss of earnings according to proof;

For prejudgment interest;

For costs of suit incurred herein; and

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

Dated: 7/24/03

NOLEN SAUL BRELSFORD

With . 55 wt.

Rudy Nolen, Esq.,

Attorneys for Plaintiff.

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Tim W. v. Jehovah's Witnesses — Court Documents (2012)