Plaintiff claims constructive termination after repeated sexual battery. $58M. Los Angeles County.

Summary

Entertainment exec said to repeatedly harass and batter female production assistant. 

The Case

  • Case Name: Mahim Kahn v Hologram USA, Inc., Alki David Productions, Inc., FilmonTV Inc., and Alkiviades ("Alki") David
  • Court and Case Number: Los Angeles Superior Court / BC654017
  • Date of Verdict or Judgment: Monday, December 02, 2019
  • Date Action was Filed: Tuesday, March 14, 2017
  • Type of Case: Sexual Battery, Sexual Harassment
  • Judge or Arbitrator(s): Hon. Michelle Williams Court
  • Plaintiffs:
    Mahim Khan, 36.
  • Defendants:
    Hologram USA, Inc., Alki David Productions, Inc., Filmon TV, Inc. and Alkiviades ("Alki") David
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $58,250,000
  • Award as to each Defendant:

    $8,250,000 as to defendants Alki David Productions, Inc., FilmOn TV, Inc., and Alkiviades David.

    $50,000,000 in punitive damages as to defendant Alkiviades David only.

  • Economic Damages:

    $250,000

  • Non-Economic Damages:

    $8,000,000

  • Punitive Damages:

    $50,000,000

  • Trial or Arbitration Time: 10 days.
  • Jury Deliberation Time: Total less than 1 day.

The Attorneys

  • Attorney for the Plaintiff:

    Allred Maroko & Goldberg by Nathan Goldberg and Dolores Y. Leal, Los Angeles.

  • Attorney for the Defendant:

    Venable LLP by Ellyn Garofalo and Amir Kaltgrad, Los Angeles. (For defendants other than Mr. David individually.)

The Experts

  • Plaintiff’s Medical Expert(s):

    Anthony Reading, Ph.D., psychology.

  • Defendant's Medical Expert(s):

    None.

Facts and Background

  • Facts and Background:

    Plaintiff alleged she worked for defendants from December 2014 through September 2015 as a Production Assistant. Plaintiff alleged that one of her superiors, CEO Alki David, regularly subjected her to egregious sexual harassment and sexual battery over a continuing period.

  • Plaintiff's Contentions:

    Plaintiff alleged she was subjected to egregious sexual harassment, sexual battery and battery by the CEO, defendant Alkiviades David during her employment between December 2014 through September 2015 when she was constructively terminated.

    Some of the incidents which gave rise to the lawsuit included plaintiff’s allegations that:

    Mr. David would regularly come into plaintiff’s cubicle, walk to where she was sitting and swivel her chair around until she faced him. Defendant David would either pull his pants down, or sometimes would undo his belt and unzip his pants, grab plaintiff by the head, push it down and thrust his pelvic area into her face, and make loud moaning sounds as though simulating having sex. When he finished, he swiveled Ms. Khan’s chair back toward her desk, pulled up his pants or zipped up his pants and/or buckle his belt and loudly saying “Thanks MK” as he walked away.

    Mr. David put his hand in between Ms. Khan’s thighs and grabbed her vagina. Mr. David said, “mmm, this is nice.  I like this area.”

    Ms. Khan was meeting with Mr. David and a male client in a conference room. When Ms. Khan stood up and asked the client if she could get him anything, Mr. David approached Ms. Khan and with force pushed her into a chair. He then straddled her on the chair, put his hand on her head and began to perform a lap dance as he pulled her head back and forth while making thrusting movements simulating intercourse.

    Mr. David came up from behind plaintiff, and grabbed her breasts and squeezed them.

    When Mr. David passed by Ms. Khan he attempted to hug her by grabbing her tightly to his body, and tried to kiss her.

    When Mr. David passed by Ms. Khan he slapped her buttocks.

    Mr. David forced Ms. Khan to watch "2 Girls 1 Cup" video which depicts two women defecating on each other and also shows women taking turns consuming the excrement and women vomiting into each other's mouths. 

  • Defendant's Contentions:

    Defendants denied the allegations. Defendant denied that plaintiff worked for one of the corporate defendants, Hologram USA, Inc.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Compensatory and economic damages.

Special Damages

  • Special Damages Claimed - Future Medical: $130,000
  • Special Damages Claimed - Past Lost Earnings: $40,000
  • Special Damages Claimed - Future Lost Earnings: $80,000