2016.07.26 Goguen v. Brunner

IN THE CIRCUIT COURT OF ST.
CHARLES COUNTY
ELEVENTH JUDICIAL CIRCUIT
STATE OF MISSOURI
MICHAEL LEWIS GOGUEN,
Plaintiff,
v.
JOHN BRUNNER,
Defendant.
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Case No.
PETITION
For his petition against defendant John Brunner, plaintiff Michael Goguen states and
alleges as follows:
INTRODUCTION
1.
Defendant John Brunner has dragged Plaintiff Michael Goguens name and
reputation through the mud in a transparent effort to score political points in his campaign for the
Republican nomination for Governor of Missouri. Mr. Brunner has knowingly and maliciously
spread demonstrable lies about Mr. Goguen, falsely accused him of heinous acts and crimes, and
defamed him simply because he donated money to one of Mr. Brunners political opponents.
Mr. Brunner also refused to correct his falsehoods even when notified of them and given an
opportunity to correct the record. Mr. Brunners sustained and unfounded attacks on Mr.
Goguen have caused significant and distinct harm to Mr. Goguens reputation and he has
sustained actual damages as a result.
2.
Mr. Goguen is a prominent Silicon Valley investor and a prolific philanthropist
who has founded and funded public service organizations and donated millions of dollars to
charitable organizations and law enforcement agencies. Mr. Goguen also contributes to political
campaigns, and donated to the campaign of Eric Greitens, one of Mr. Brunners opponents in the
Missouri Republican gubernatorial primary.
3.
In March 2016, Amber Baptiste filed a lawsuit against Mr. Goguen in California
state court for breach of contract. In her suit, Ms. Baptiste, who previously had a consensual,
adult relationship with Mr. Goguen, alleged that Mr. Goguen failed to pay her $30 million she
claimed was owed under an agreement between the two which was the result of her extorting Mr.
Goguen. Ms. Baptistes complaint included salacious allegations for which there is no
evidentiary support whatsoever including that, as a teenager, she was the victim of human
trafficking. Ms. Baptistes complaint did not allege that she had a sexual relationship with Mr.
Goguen when she was a teenager, or that she was Mr. Goguens teenage sex slave.
4.
The allegations Ms. Baptiste asserted in her complaint that Brunner has chosen to
mischaracterize have already been revealed to be false, as shown by a sworn affidavit from her
former roommate and long-term friend, and other information in the California lawsuits public
court file. This information showing that the allegations were false was either known or, with
minimal inquiry, would have been known to Mr. Brunner prior to him making his statements.
5.
In addition, Mr. Brunner either knew, or should have known, that the source of
the allegations was otherwise unreliable. Since filing her suit, Ms. Baptiste has been barred from
re-entering the United States, presumably because she entered into a sham green card marriage
and was staying in the United States illegally. Ms. Baptistes behavior has also grown
increasingly more erratic and disturbing since she sued Mr. Goguen. She recently sent email
messages to partners of the law firm representing Mr. Goguen in California praying that their
daughters be raped in the street and molested. In fact, two days after these disturbing and
menacing messages were forwarded to Ms. Baptistes lawyers, her lawyers asked the California
court that they be allowed to withdraw from her case and cease representing Ms. Baptiste due to
irreconcilable differences, a request the California court granted on July 25, 2016. On July 15,
2016, Mr. Brunner was informed of these matters (other than the July 25 court order) by Mr.
Goguens counsel and did not retract his statements.
6.
Mr. Brunner spent $7.5 million of his own money on a failed Senate primary
campaign in 2012, and has spent at least $3.6 million of his own money on his current campaign.
According to recent polling data published in Missouri, Mr. Brunner is losing to Mr. Greitens in
the race for governor. At the most recent primary debate, apparently desperate to save himself
from yet another expensive and embarrassing primary loss, Mr. Brunner attacked Mr. Greitens
for accepting a campaign contribution from Mr. Goguen, stating, I refuse to be lectured by a
guy who took one million dollars from the owner of a teenage sex slave. He made this
comment without regard to the truth of the matter or its impact on Mr. Goguen and did so solely
for his own, short-term political and personal gain.
7.
In addition, the statement by Mr. Brunner was understood by the audience and
reported in the media to specifically relate to Mr. Goguen, even if Mr. Brunner did not, this time,
mention Mr. Goguens name.
8.
In his comment, Mr. Brunner stated as a matter of fact that Mr. Goguen
owned Ms. Baptiste as a teenage sex slave. Not only is this statement demonstrably false, it
was not even alleged in Ms. Baptistes complaint. After even a cursory review of Ms. Baptistes
complaint, Mr. Brunner or a member of his campaign staff would have known that even Ms.
Baptiste has not alleged that Mr. Goguen was the owner of a teenage sex slave. In truth, Ms.
Baptiste was born in 1980, met Mr. Goguen when she was over 21 years old, and never even
alleged in her complaint to the contrary. Mr. Brunners lie a malicious misrepresentation of
allegations asserted by an unstable person was either knowingly false when made, or made
with a reckless disregard for its truth or falsity.
9.
Mr. Brunners malicious lie also was not a fair or accurate report of the lawsuit in
California. Ms. Baptiste did not allege that she was a teenager when she met Mr. Goguen or that
Mr. Goguen owned her. Moreover, prior to Mr. Brunners statements, the court proceedings
had also revealed that Ms. Baptistes own roommate and long-term friend contradicted the core
allegations of Ms. Baptiste being a sex slave or victim of trafficking being held without her
will. Thus, not only did Mr. Brunner falsely report unsupported allegations as truth, he did not
supply listeners with information necessary to render his statements not misleading. He did not
accurately or fairly report either the allegations made or provide information necessary to make a
report of the court proceedings a fair summary.
10.
Mr. Brunners statement which was clearly calculated to make news and draw
attention to his campaign was reported and quoted in numerous publications. Others have
republished Mr. Brunners slanderous comment and have gratuitously, and falsely, added that
Mr. Goguen has been charged with owning a teenaged sex slave, conveying to readers that
Mr. Goguen was criminally charged with owning a teenage sex slave. Of course, this is also
false. These reports in the media and in the comments to social media caused new and
independent actual harm to Mr. Goguens reputation (in Missouri and elsewhere), as shown by
the comments and reaction to this media coverage. The debate was well attended and the media
stories have been widely read including by people who had not previously read or learned any
information about Mr. Goguen. Thus, the actual harm caused by false statements by Mr.
Brunner is independent of and additive to any damage previously sustained by Mr. Goguen.
11.
On July 15, 2016, counsel for Mr. Goguen wrote to Mr. Brunner asking that he
retract and correct his false statements. A true and correct copy of the July 15, 2016 letter is
attached hereto as Exhibit A. Mr. Brunner has ignored the letter.
12.
Mr. Brunners statement and the intended media fallout has seriously harmed Mr.
Goguens reputation in Missouri and elsewhere. As a result of Mr. Brunners malicious and
false statements, Mr. Goguen has sustained significant damage and has expended resources to
clear his name and rehabilitate his reputation. He has retained and incurred expenses consulting
with a public relations firm regarding appropriate steps to clear his name. In addition, the
statements have harmed his reputation with the wide swath of society that follow Missouri
politics and who read the major news articles covering the debate. The public comments to the
media stories reflect that Mr. Brunners statements at the debate have caused new and distinct
harm to Mr. Goguens reputation, which has caused him to suffer actual damages in the form of
professional expenses, damage to his reputation for when he returns to his professional activities
after defeating Ms. Baptistes false allegations, damages that prevent him from carrying out his
political and charitable activities that have been an important part of his life, and emotional
distress.
JURISDICTION AND VENUE
13.
Jurisdiction is proper in this court because Mr. Brunner is an individual citizen of
the State of Missouri.

14.
Venue is proper in this court under Missouri Revised Statute 508.010. Section
508.010(4) provides that [n]otwithstanding any other provision of law, in all actions in which
there is any count alleging a tort and in which the plaintiff was first injured in the state of
Missouri, venue shall be in the county where the plaintiff was first injured by the wrongful acts
or negligent conduct alleged in the action. Section 508.010(8) further provides that [i]n any
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action for defamation or for invasion of privacy, the plaintiff shall be considered first injured in
the county in which the defamation or invasion was first published. Mr. Brunners defamatory
statements were first published during a televised debate at Lindenwood University, located in
St. Charles County.
PARTIES
15.
Plaintiff Michael Lewis Goguen is an investor and philanthropist who currently
resides in Montana.
16.
Defendant John Brunner is a candidate for Governor of Missouri. Plaintiff is
informed and believes that Mr. Brunner lives in St. Louis, Missouri.
FACTUAL ALLEGATIONS
17.
As alleged, Mr. Brunner, a candidate for the Republican nomination for Governor
of Missouri, deliberately spread a defamatory and malicious falsehood about Mr. Goguen during
the July 12, 2016, Missouri Republican Gubernatorial debate. Mr. Brunner did so in an effort to
attack Mr. Greitens, a candidate to whom Mr. Goguen contributed money and who is currently
leading Mr. Brunner by nearly ten points in the latest polls, with only three weeks left before the
election.
18.
During the debate, which was broadcast live on television and remains available
on the Internet, Mr. Brunner said to Mr. Greitens and the world: I refuse to be lectured by a guy
who took one million dollars from the owner of a teenage sex slave. This statement clearly
referred to Mr. Goguen, as a number of the candidates running for the Republican nomination
have attempted to turn Mr. Goguens contribution to Mr. Greitens into a campaign issue in light
of Ms. Baptistes meritless lawsuit. Persons listening to the debate, or viewing the online
recording, would reasonably conclude that Mr. Brunner was referring to Mr. Goguen as the
owner of a teenage sex slave, and Mr. Brunner intended that his statement be understood as
referring to Mr. Goguen.
19.
Mr. Brunners claim that Mr. Goguen owned a teenage sex slave accused Mr.
Goguen of a heinous crime of moral turpitude which would also affect him in his trade or
business and which has caused political or charitable organizations to avoid association with Mr.
Goguen.
20.
The statement is also utterly false. Ms. Baptistes complaint never even alleged
that Mr. Goguen owned her as a teenage sex slave. This fact would have been clear to Mr.
Brunner or his staff had they read her complaint before attacking and slandering Mr. Goguen.
Moreover, the allegations that were asserted by Ms. Baptiste are false and any reasonably inquiry
by Mr. Brunner would have revealed the falsity of those allegations as well as the general
unreliability of Ms. Baptiste.
Mr. Goguens Background and the Lawsuit
21.
Mr. Goguen is an investor and formerly a venture capitalist in Silicon Valley. Mr.
Goguen helped to fund and develop countless start-ups into successful companies that employ
thousands of people and create innovative products, services, and applications enjoyed by
consumers nationally and abroad. Mr. Goguen also served on the board of directors for many of
those companies.
22.
In addition, Mr. Goguen is a prolific philanthropist. He has founded and funded
public service organizations and donated tens of millions of dollars to charity. Mr. Goguen has
also supported and contributed to the campaigns of numerous political candidates over the years,
including Eric Greitens, a candidate for Governor of Missouri. Mr. Goguen has been unable to
continue these activities in Missouri in light of Mr. Brunners false accusations against him.
23.
For more than a decade, Mr. Goguen was involved in a consensual relationship
with Amber Baptiste, who he met in 2002. When the two met, Ms. Baptiste was 21-years old
and Mr. Goguen was in his thirties. Mr. Goguen and Ms. Baptiste saw one another only
occasionally, typically no more than a few times a year, and largely at Ms. Baptistes request.
Throughout the years, far from being owned as a sex slave, Ms. Baptiste lived apart from
Mr. Goguen in different cities, states, and even countries, depending on the period of time. She
traveled freely apart from him, worked and earned substantial amounts of money on her own,
and only saw him occasionally.
24.
Near the end of their relationship, Ms. Baptiste, who was herself married, became
delusional, bitter, and jealous of Mr. Goguens wife and family. Ms. Baptiste claimed that she
had psychic abilities and could see things on a screen in her head. Ms. Baptiste expressed a
desire to have children with Mr. Goguen and pleaded with him to leave his wife and family.
When Mr. Goguen ended the relationship, Ms. Baptiste again asked him to marry her and, when
he declined, she hatched a plan to extort Mr. Goguen for millions of dollars and punish him for
ending their affair.
25.
In January 2014, Ms. Baptiste threatened to falsely and publically accuse Mr.
Goguen of violent rape and intentionally spreading a sexually transmitted disease unless Mr.
Goguen agreed to pay her $40 million. The extortion was brazen. Her lawyer told Mr. Goguen
that Ms. Baptistes decision to inform the press of her scandalous and false allegations would
turn on Mr. Goguens generosity. In other words, Ms. Baptiste threatened to go to the press
with her false allegations unless Mr. Goguen agreed to pay her $40 million.
26.
After months of harassment and increasing threats, Mr. Goguen acceded to Ms.
Baptistes extortionate demands and agreed to pay her $40 million in four installments of $10
million over two years. He made the first payment within a week of signing the agreement.
27.
In exchange for the payments, Ms. Baptiste agreed to not contact Mr. Goguen.
But instead, after making that promise, she sent him more than two thousand text messages that,
among other things, included vitriolic, graphic, and racist attacks against Mr. Goguens wife,
falsely accused him of having sex with Ms. Baptiste when she was a teenager, making additional
financial demands, and threatened him with criminal prosecution. Over many months, he
repeatedly asked her to honor the very agreement she had demanded and stop contacting him, but
she refused. Mr. Goguen realized that the pattern of extortion and harassment would never end,
and Ms. Baptistes extortion, breaches, and other misconduct relieved him of his obligation to
make further payments to her, so he refused to pay Ms. Baptiste anymore.
28.
In response, Ms. Baptiste filed a public lawsuit in California state court against
Mr. Goguen for breach of contract. In her complaint, Ms. Baptiste included many of the false
accusations that she threatened to publically spread during her extortion of Mr. Goguen.
Notably, she did not accuse Mr. Goguen of having any sexual relationship with her when she
was a teenager, or that Mr. Goguen owned her as a teenage sex slave. In fact, Ms. Baptiste
stated that she did not even meet Mr. Goguen until 2002, when she was at least 21-years old.
Ms. Baptistes Allegations Are Shown to Be Lies
and Her Attorneys Ask to Stop Representing Her
29.
Since filing her complaint, Ms. Baptistes story has collapsed under the weight of
the lies upon which it was based. Thus, Mr. Brunners comments reporting false, discredited
allegations as fact caused particularized and distinct harm to Mr. Goguen because they (a)
reported allegations as fact; and (b) did so after other media had reported on facts that caused
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Ms. Baptistes credibility to be severely undermined. After Mr. Goguen spent significant time
and money to undermine Ms. Baptistes allegations, Mr. Brunner ignored all these contrary facts
and reignited otherwise discredited claims.
30.
Rather than being a victim of human trafficking as she claimed, Ms. Baptistes
own writings admit that she voluntarily came to the United States and chose to become a dancer
because the job was lucrative and she could not find any other profession that appealed to her.
Evidence has also surfaced that Ms. Baptiste, who is a Canadian citizen, attempted to obtain a
green card by paying a Texas man $10,000 to marry her in what she has admitted in writing was
a sham marriage. Ms. Baptiste has been barred from re-entering the United States, presumably
because of the discovery of her attempted immigration fraud.
31.
Central to Ms. Baptistes claim that Mr. Goguen gave her HPV was her repeated
written assurances to Mr. Goguen that she had never had a sexual relationship with anyone but
him. Since she sued Mr. Goguen, however, evidence has surfaced that Ms. Baptiste had sex with
multiple people, including a woman who herself had been infected with the HPV virus.
32.
Ms. Baptistes lawsuit also claims that Mr. Goguen abused her, but her own
emails and texts to Mr. Goguen stand in stark contrast to that claim. Among other things, Ms.
Baptiste wrote to Mr. Goguen telling him how much she loved him and their occasional
encounters:
The love that I hold in my heart for you was instant. It is a perfect love.
And to me it is the perfect way to love someone. It is forever and
unconditional;
I love our visits. I feel so blessed to have met you and have been able to
maintain a special relationship with you. I can only hope that it
continues;
I know it feels really good when we are together and to me it feels so

perfect and I never want to let go of you;
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33.
I feel like it is the most perfect beautiful interactions two people could
ever experience;
I could never even make love to you enough times to show you how
special you are to me;
You gained my full trust because when ever I came to see you you
always respected my decisions with that [sic] I was comfortable sexually
and never pushed me to do more than I wanted to and now I am ready to
do more and I hope you are there for that as well;
Something really does happen inside of me when I see you. A really

heavenly feeling, it stays with me for days afterward; and
I miss you dearly. I miss your touch on my body. When you make love
to me I am portaled away to some far off place of delight.
Far from Mr. Goguen being a sexual predator, as Ms. Baptiste contends, Ms.
Baptiste herself initiated their sexual encounters and sent Mr. Goguen photographs and messages
in an effort to seduce him:
34.
I want you to feel comfortably [sic] sharing with me every fantasy you
have ever had. When we come together I want it to be completley [sic]
comfortable and relaxed and for exploration of all fantasy reality and
erotica to take place wherever we decide that may be;
Cant wait for night 3 of our ardent liaison amoureuse;
I would like to move this sexual energy more often. And sexual energy
equals creativity so the more amazing sex we have the more creative we
will become;
You can ask me to do anything with you I want you to experience

anything that you have ever wanted to experience with me. I dont want
you to be shy;
I dont really require variety in hotels. I come there with one thought in
mind which is making love to you; and
I miss you so Much. My Body Misses you so Much. I love you so

Much.
The California litigation has also revealed Ms. Baptistes utter disregard for the
law and willingness to lie and commit perjury to hide her crimes or avoid punishment. For
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example, official police reports produced in the California litigation by the Frisco, Texas Police
Department reveal that in 2003, Ms. Baptiste was in a single-car accident after which it was
determined that she had a high concentration of cocaine in her system and that she had been
drinking and was most likely intoxicated to the point she could not control or operate her vehicle
in a safe manner. Ms. Baptiste claimed that unidentified assailants had stuck a needle in her
arm and shortly thereafter left Texas and returned to Canada. Nearly a year later, Ms. Baptiste
returned to the Frisco Police Department and, in an apparent attempt to avoid a charge of driving
while intoxicated, claimed for the first time that the black males [who she claimed had assaulted
her] forced her to drink champagne through a flask and that the black male with the knife held
it to her throat and sexually assaulted her vaginally. As a result, the Frisco Police Department
concluded that it was unable to prove the DWI due to the victim making a possible sexual
assault case. Likewise, after being ticketed for speeding in California, she claimed that her
purse had been stolen and that someone else had presented her drivers license when stopped,
only to have the officer who ticketed her verify that he could positively identify her as the driver.
35.
During the course of the California litigation, Ms. Baptiste has become even more
menacing. On June 20, 2016, Ms. Baptiste sent a rambling email to the name partners at the law
firm that represents Mr. Goguen, expressing her desire that the daughters of the recipients be
raped night after night after night, and making other graphic and disturbing threats and wishes
such as:
May your daughters your nieces and your neighbors daughters disappear
on their way home from school/May their teenage bodies be sold from one
man to another.
May your cousins, your sisters, your mothers our teachers, our doctors
our women and our girls face rape in the street night after night after
night.
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36.
May your daughters be molested in their beds night after night after
terrifying night.
May your granddaughter meet rape in her college dorm/Night after night
after night.
May your anus be torn open. May you stand in a pool of your own blood
abandoned and alone.
Similar emails were sent to other attorneys who have represented Mr. Goguen or
had a prior association with Mr. Goguen in other matters.

37.
Mr. Baptiste atrocious misconduct has caused even her own attorneys to seek to
distance themselves from her. Two business days after being forwarded Ms. Baptistes June 20,
2016 emails, her attorneys filed a motion in California state court asking to be relieved as
counsel of record in Ms. Baptistes lawsuit against Mr. Goguen, citing irreconcilable
differences. On July 25, 2016, the Court permitted Ms. Baptistes counsel to withdraw. Ms.
Baptiste has either been unable to obtain new counsel, or has chosen not to, so she is now
representing herself in pro per in her California lawsuit against Mr. Goguen.
38.
From the revelation that Ms. Baptiste committed immigration fraud, to the
exposure of Ms. Baptistes many lies, and culminating in the California Court permitting Ms.
Baptistes attorneys to withdraw, Mr. Goguens reputation was beginning to turn a corner before
Mr. Brunners recent defamatory statements. It was becoming clear that Ms. Baptistes lawsuit
was meritless, that her accusations were false, and Mr. Goguen had been wrongfully accused.
Mr. Brunner, Desperate to Salvage Another Losing Campaign, Slanders Mr. Goguen
39.
Unfortunately for Mr. Goguen, the efforts to rehabilitate his reputation have been
impeded and sidetracked by Mr. Brunners malicious and false attack on Mr. Goguens character
which was launched in an effort to rescue Mr. Brunners struggling campaign for Missouri
governor.
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40.
According to public polls, Mr. Brunners campaign has been at best treading
water over the past month. A June 18, 2016, Remington Research poll had Mr. Brunner leading
the race with 23% and Mr. Greitens far behind at 17%. Since then, the two most recent polls
have Mr. Greitens leading Mr. Brunner by a significant margin. According to a July 8, 2016,
Remington Research poll, Mr. Greitens was leading Mr. Brunner 29% to 22%, and a July 15,
2016, Public Policy Polling poll had Mr. Brunner behind Mr. Greitens 24% to 16%.
41.
Mr. Brunner, who ran for and lost the Republican nomination for Senate in 2012,
has spent at least $11 million of his own substantial personal assets on his political career, so far
with nothing to show for it. With less than three weeks left before the election, and in order to
avoid another expensive and embarrassing loss, Mr. Brunner lied about Mr. Goguen at the
Republican debate on July 12, 2016, telling Mr. Greitens that I refuse to be lectured by a guy
who took one million dollars from the owner of a teenage sex slave. Mr. Brunners statement
was made at a televised debate. His statement was recorded and broadcast on television, radio,
and online. The statement that Mr. Goguen, as a matter of fact, was the owner of a teenage sex
slave is false and Mr. Brunner either knew it was untrue when he made it or made this statement
with a reckless disregard for truth or falsity.
42.
To make clear that his accusations were not a misstatement or slip of the tongue,
Mr. Brunners campaign doubled down and posted on a Twitter account that Mr. Goguen was a
sex slave owner. A campaign staffer for Mr. Brunner also posted on her Twitter account that
Mr. Goguen was a sex slave trafficker. A true and correct copy of this Twitter post is attached
hereto as Exhibit B.
The Press Reports on Mr. Brunners Defamatory Statement and Mr. Goguens Damages
43.
As a direct result of Mr. Brunners malicious, false, and defamatory statements
about Mr. Goguen, a number of news outlets repeated without context the accusation that
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Mr. Goguen owned a sex slave, and have made the claim even more incendiary, implying that
Mr. Goguen has been criminally charged as a result.
44.
For example, the Missouri Times published a release that stated that Mr.
Goguen was charged with holding a sex slave for 13 years. This characterization, which is
understood by any reasonable reader to state that Mr. Goguen was criminally charged for
holding a sex slave, is false, irresponsible, and directly attributable to Mr. Brunners statement
and tweet. See http://themissouritimes.com/31478/release-brunner-to-greitens-at-debate-haveyou-no-shame/.
45.
Likewise, the Kansas City Star published a story titled, Trailwatch: Money,
guns, sex slaves in Missouri and Kansas political rhetoric, that quotes Mr. Brunner stating, I
refuse to be lectured on ethics by Eric Greitens who refuses to return $1 million his campaign
took from a man charged with having a sex slave for 13 years, Ive had enough of Eric Greitens
hypocrisy and lies and again call on him to return the $1 million hes taken from accused sex
slave owner Michael Goguen. See http://www.kansascity.com/news/local/news-columnsblogs/the-buzz/article89781682.html. Once again, this article and quote falsely and irresponsibly
makes statements understood by a reasonable reader to mean that Mr. Goguen was criminally
charged.
46.
Both articles were published online and are available to readers internationally.
47.
As a result of Mr. Brunners statements and Twitter post, Mr. Goguens
reputational rehabilitation has been halted. He has suffered reputational harm above and beyond
any injury that he incurred when Ms. Baptistes lawsuit was originally filed. Comments on
Twitter, Facebook, and the media stories in response to Mr. Brunners statements have caused
new, independent damage to Mr. Goguens reputation.
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48.
More specifically, Mr. Goguen has been forced to expend considerable resources
to directly combat these defamatory statements in Missouri and elsewhere. Mr. Goguen has
retained a public relations firm to plan and implement a media campaign to clear the harm to his
reputation caused by Mr. Brunners statements in Missouri.
49.
In addition, Mr. Goguens professional and personal reputation has been harmed
by these statements. His return to professional activities and charitable and political activities
has been impacted, despite his prior progress made in clearing his name. He suffered additional
emotional distress from Mr. Brunners statements and due to the further reputational harm.
COUNT I: DEFAMATION
50.
Plaintiff realleges and incorporates by reference all allegations in the preceding
paragraphs.
51.
Defendant Brunner made numerous false statements about Plaintiff Goguen,
stating at the July 12, 2016 televised Republican gubernatorial campaign that Mr. Goguen was
the owner of a teenage sex slave, and posting on a campaign Twitter account that Mr. Goguen
is a sex slave owner. He also told the Kansas City Star, I refuse to be lectured on ethics by
Eric Greitens who refuses to return $1 million his campaign took from a man charged with
having a sex slave for 13 years, Ive had enough of Eric Greitens hypocrisy and lies and again
call on him to return the $1 million hes taken from accused sex slave owner Michael Goguen.
See http://www.kansascity.com/news/local/news-columns-blogs/the-buzz/article89781682.html.
Once again, this article and quote falsely and irresponsibly implies that Mr. Goguen was
criminally charged.
52.
These statements were published to third parties by being televised, posted on
Twitter, and reported in the press. They are available online to the entire world.
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53.
At the time Mr. Brunner made these statements he either knew they were false or
he made the statements with reckless disregard for whether they were true or false. The
statements are not a fair or accurate report or summary of the judicial proceedings in California
in that they were reported as facts and not allegations; they were intended to communicate that
Mr. Goguen was charged by authorities with this activity (as opposed to allegations being
made by an unreliable civil plaintiff seeking money); and, they neglected to include additional
matters from the court proceeding necessary to render the report of the proceedings not
misleading.
54.
The statements, which falsely accuse Mr. Goguen of heinous crimes of moral
turpitude, have exposed him to hatred, contempt, and ridicule and deprived him of public
confidence and social associations.
55.
These statements were read, heard, or seen by the public in Missouri and
elsewhere.
56.
Mr. Goguens reputation was harmed and he suffered actual damages in the form
described herein. These damages include expenses, incurred to combat Defendant Brunners lies
and to rehabilitate his reputation, in an amount to be proved at trial.
57.
Defendant Brunner, in making his statements, acted outrageously from an evil
motive or indifference to the rights of Mr. Goguen. Plaintiff is therefore entitled to punitive
damages in an amount to be assessed at trial.
PRAYER FOR RELIEF AND JURY DEMAND
WHEREFORE, Plaintiff Goguen demands judgment in his favor against Defendant
Brunner as follows:
1.
For compensatory damages in an amount according to proof at trial;
2.
For punitive damages in an amount according to proof at trial;

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3.
For costs of suit; and
4.
For such other and further relief as the court deems just and proper.
DATED: July 26, 2016
Respectfully submitted,
By:
Of counsel:
Bruce Van Dalsem (pro hac to be filed)
Diane Doolittle (pro hac to be filed)
Alex Bergjans (pro hac to be filed)
Quinn Emanuel Urquhart & Sullivan LLP
865 S. Figueroa St 10th Floor
Los Angeles, Ca 90017
(213) 443-3000
(213) 443-3100 (facsimile)
brucevandalsem@quinnemanuel.com
dianedoolittle@quinnemanuel.com
alexberjgans@quinnemanuel.com
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/s/ James F. Bennett

James F. Bennett, #46826
Dowd Bennett LLP
7733 Forsyth Blvd.
Suite 1900
St. Louis, MO 63105
(314) 889-7300
(314) 863-2111 (facsimile)
jbennett@dowdbennett.com
EXHIBIT A
quinn emanuel
trial lawyers | los angeles
865 South Figueroa Street, 10th Floor, Los Angeles, California 90017-2543 | TEL (213) 443-3000 FAX (213) 443-3100
WRITER'S DIRECT DIAL NO.

(213) 443-3218
WRITER'S EMAIL ADDRESS
July 15, 2016

BY U.S. EXPRESS MAIL AND BY FEDERAL EXPRESS
PERSONAL AND CONFIDENTIAL: TO BE OPENED BY RECIPIENT ONLY
Mr. John Brunner
Missourians for John Brunner
P.O. Box 16085
Clayton, MO 63105
1726 Butternut Drive
St. Louis, MO 63131
Re:
Michael L. Goguen
Mr. Brunner:
We are trial counsel for Michael Goguen in the lawsuit brought against him by Amber Baptiste
in which Mr. Goguen has countersued Ms. Baptiste for extortion. I write regarding a public
statement you made about Mr. Goguen during the Republican gubernatorial debate on July 13,
2016. During the debate, you statedas a purported matter of factthat Mr. Goguen was the
owner of a teenage sex slave. The statement was then reported and quoted in numerous media
publications. Similarly, your personal Twitter account currently has a post asserting that Mr.
Goguen is a sex slave owner. These statements are factually false, defamatory per se and
actionable.
Presumably, these statements were made in reference to the March 2016 lawsuit filed by Ms.
Baptiste against Mr. Goguen. In her lawsuit, however, Ms. Baptiste does not even allege that
she was a teenager when she first met Mr. Goguen. Likewise, she has not alleged that she was
ever his slave. On the contrary, her Complaint confirms that she was 21-years old when she
first met Mr. Goguen, at a time when Mr. Goguen was in his 30s. See Complaint, attached
hereto as Exhibit A. Ms. Baptistes drivers license confirms that, at the time she alleges she first
met Mr. Goguen, she was not a teenager. (See Exhibit B.) Thus, Ms. Baptistes own
Complaint confirms that she has never even claimed that she was Mr. Goguens teenage sex
slave.
quinn emanuel urquhart & sullivan, llp
LOS ANGELES | NEW YORK | SAN FRANCISCO | SILICON VALLEY | CHICAGO | WASHINGTON, DC | HOUSTON | SEATTLE
05814-00002/8161741.1
LONDON | TOKYO | MANNHEIM | MOSCOW | HAMBURG | PARIS | MUNICH | SYDNEY | HONG KONG | BRUSSELS
John Brunner
July 15, 2016
Page 2 of 3
In addition, you should be aware that virtually all of Ms. Baptistes actual allegations stand in
stark contrast to emails and text messages she sent to Mr. Goguen, which total in the thousands.
As detailed in Mr. Goguens Cross-Complaint (Exhibit C hereto), Ms. Baptistes
contemporaneous emails and text messages describe an affectionate friendship and a consensual,
intimate relationship with Mr. Goguen. For example, while her Complaint asserts that prior to
meeting Mr. Goguen, she was a victim of human trafficking (Exhibit A 3), her own emails
and texts state she voluntarily came to the United States because she made a lot of money, and
that she entered into a sham marriage and committed immigration fraud for the purpose of
staying in the U.S. illegally. (Exhibit C at p. 3). While she asserts she was sexually and
emotionally abused by Mr. Goguen (Exhibit A 1, 16), there has not been a shred of evidence
produced to support those claims. In contrast, her own emails and texts show she loved Mr.
Goguen, asked that they see one another more often, and enticed him with personal photos, texts
and emails professing her love and affection for him. (Exhibit C at pp. 3-4). Indeed, far from
being a slave or victim of human trafficking, Ms. Baptiste was actually married to a Texas
resident during virtually the entire time she and Mr. Goguen saw one another. (See Exhibit D
(marriage certificate and certificate of dissolution).)
Third party witnesses have also confirmed that Ms. Baptiste was in no way a sex slave. For
example, a woman who lived with Ms. Baptiste in Texas and was her good friend for many years
has provided sworn testimony stating that Ms. Baptiste was never a sex slave or a victim of
human trafficking, and that during their time together Ms. Baptiste spoke highly of Mr. Goguen.
(See Exhibit E (Declaration of Diane Bobic).)
Mr. Goguens Cross-Complaint also details the manner in which, shortly after Mr. Goguen ended
the relationship between them, Ms. Baptiste extorted him by threatening to publicly reveal her
false and scandalous allegations unless he agreed to pay her. If there is a victim in this matter,
it is Mr. Goguen.
The truth or falsity of Ms. Baptistes claims will ultimately be decided by a judge and/or jury.
The evidence simply does not support her allegations. Before you choose to continue to endorse
her claims by assuming her allegations are true, you should be aware that Ms. Baptiste recently
sent threatening emails to our law firm stating, among other disturbing things: May your
daughters and daughters daughters be raped night after night and be molested in their beds
night and night after terrifying night. Two business days after being informed of these emails,
on June 27, 2016, Ms. Baptistes counsel filed a motion with the court seeking an order
permitting them to withdraw as her counsel, citing irreconcilable differences. (See Exhibit F
(Motion to Be Relieved as Counsel).) We suggest you consider the credibility of Ms. Baptiste
and her outrageous allegations before you adopt those allegations as fact. You may also wish to
consider the reputational damage that may result from you acting as judge and jury, declaring
Mr. Goguens guilt and then being proven wrong.
05814-00002/8161741.1
John Brunner
July 15, 2016
Page 3 of 3
Pursuant to California Civil Code 48a, we demand that you immediately and publicly retract
and correct your statements claiming that Mr. Goguen was the owner of a teenage sex slave,
and your Twitter post claiming that Mr. Goguen is a sex slave owner. These statements are
factually false, constitute defamation per se and are actionable. We would also hope that as an
electoral candidate, you would have respect for the rule of law and comply with this request.
This letter is not intended as a full and complete expression of Mr. Goguens position on this
matter and all of his rights and remedies are reserved.
Very truly yours,
Bruce E. Van Dalsem

BVD/wpc
05814-00002/8161741.1
05814-00002/8161741.1
EXHIBIT A
PATRICIA L. GLASER - State Bar No. 55668
PIKED
pglaser@glaserweil.com
G. JILL BASINGER - State Bar No. 195739
SAN MATEO COUNTY
jbasinger@glaserweil. com
3
GLASER WEIL FINK HOWARD

AVCHEN & SHAPIRO LLP
10250 Constellation Boulevard, 19th Floor
Los Angeles, California 90067

Telephone: ( 310) 553- 3000
Facsimile: ( 310) 556- 2920
AR-
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6
7
Attorneys for Plaintiff

Amber Laurel Baptiste
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO

10
AMBER LAUREL BAPTISTE,
an
individual,
11
Case No.
Unlimited Jurisdion
4370 0 1
Plaintiff,
12
VERIFIED COMPLAINT FOR BREACH OF

CONTRACT
V.
13
i
L
Q)
0
tv
Aj
14
MICHAEL LEWIS GOGUEN, an individual,

and DOES 1 through 100 inclusive,
15
Defendants.
JURY TRIAL DEMANDED
16
17
18
19
20
21
22
23
24
25
26
27
28
COMPLAINT FOR BREACH

1074278 .
rrs .-
y f , , ice;,
CON
XTE
I..
NATURE OF THE CASE

2
1.
Defendant Michael Lewis Goguen (" Mr. Goguen"
or "
Defendant") abused Plaintiff
Ms. Baptiste" or " Plaintiff') sexually, physically and emotionally for over
Amber Laurel Baptiste ("
13 years. When Plaintiff could no longer tolerate his behavior, Mr. Goguen signed a contract to pay
plaintiff $40 million as compensation for the horrors she suffered at his hands. After paying her $ 10
million, Mr. Goguen refused to honor the rest of his agreement. Another wrong, in a long list of
wrongs, that Mr. Goguen has perpetrated against Ms. Baptiste.
2.
After successfully convincing Ms. Baptiste to drop her prospective lawsuit and
remain silent about the years of sexual abuse, the resulting long term physical damage, and the
10
emotional trauma suffered at the hands of Defendant, Mr. Goguen now refuses to honor the
it
remaining three
12
Agreement")
13
solely on his advice and the advice of his attorneys.
14
3.
payments of
the Release
and
Personal
Injury
Settlement Agreement (" Settlement
he negotiated with Ms. Baptiste after convincing her to fire her own attorney and rely
Ms. Baptiste has been the victim of human trafficking since she was 15. After she
15
was brought to America and introduced to Mr. Goguen in 2001, his control over her life lasted 12
16
years. Ms. Baptiste submitted to Mr. Goguen' s constant sexual abuse, relying on his promise that
17
he would help her break free of the human traffickers who held her in perpetual debt. Ms. Baptiste
18
has suffered countless hours of forced sodomy, verbal abuse, demeaning rituals requiring her to beg
19
Mr. Goguen to masturbate on her, and Mr. Goguen' s routine demands that she use alcohol and other
20
unknown drugs to render her more pliable to his lewd requests. Mr. Goguen' s actions have had
21
serious and permanent consequences. In late 2011, Ms. Baptiste discovered that Mr. Goguen had
22
infected her
23
of various cancers, including cervical cancer, which could require a hysterectomy and prevent her
24
from being able to bear children. In 2012, Ms. Baptiste underwent emergency surgery for a
25
ruptured anal canal after Mr. Goguen forcibly sodomized her and left her bleeding and alone on the
26
floor of a hotel room in a foreign country.
27
28
4.
with several
high
risk strains of
the Human Papillomavirus (" HPV"),
In 2012, when Ms. Baptiste discovered she had contracted several high-risk strains of
I HPV and confronted Mr. Goguen, her only sexual partner at the time, he admitted that he had lied
1VERIFIED COMPLAINT FOR BREACH OF CONTRACT
1074278
putting her at risk
when he told Ms. Baptiste that he did not have any sexually transmitted diseases. Thereafter,
Mr. Goguen agreed to pay Ms. Baptiste' s expenses as compensation for the sexual abuse and
infection she contracted from him. He paid her expenses for roughly a year, until mid -2013 when
he refused to continue the payments. Ms. Baptiste was forced to hire an attorney and she prepared
to sue Mr. Goguen for the years of physical abuse, emotional trauma, and damage to her health.
When Mr. Goguen received the draft complaint, he instructed Ms. Baptiste to fire her
attorney or else she would not receive any money for medical care. Mr. Goguen claimed that her
attorney was a criminal who victimized his clients, would take vast sums of her money, and would
never leave her alone. Afraid of Mr. Goguen' s threats, Ms. Baptiste complied with Mr. Goguen' s
10
demands and fired her attorney. Without representation of her own, Ms. Baptiste relied on
11
Mr. Goguen, who used his attorneys to draft a settlement agreement.
12
5.
6.
Mr. Goguen negotiated the settlement in various pre -signed and notarized drafts to
13
Ms. Baptiste, opening and closing each e- mail with references to his " love" for her. The Settlement
14
Agreement was ultimately finalized and signed on May 23, 2014, requiring Mr. Goguen to pay $40
15
million to Ms. Baptiste, in four equal payments of $10 million, in exchange for Ms. Baptiste' s
16
release of the claims in her contemplated personal injury lawsuit, as well as her confidentiality
17
regarding the Settlement Agreement, Mr. Goguen' s abuse, their association, and the contemplated
18
lawsuit. A true and correct copy of the Settlement Agreement is attached as Exhibit A.
19
7.
Mr. Goguen paid the first of the four $ 10 million payments on May 30, 2014, yet
20
now he refuses to honor the remaining payments outlined in the Settlement Agreement. On or about
21
December 19, 2014, Mr. Goguen sent a letter to Ms. Baptiste refusing to make the second payment,
22
purporting to rescind the contract, and claiming the Settlement Agreement was null and void as
23
procured under extortion. Mr. Goguen now claims that Ms. Baptiste, an unrepresented and
24
unsophisticated victim of human trafficking, extorted him, a sophisticated businessman represented
25
by multiple major law firms, to enter into the Settlement Agreement, which he himself negotiated,
26
via emails in which he consistently expresses his love for her. His claims of extortion are
27
28

1074278
contradicted by his own words. In order to induce Ms. Baptiste into entering the agreement, the
date the Settlement Agreement was signed, Mr. Goguen wrote:
Right now I am not trying to accelerate your stress, I'm trying to make
it go to zero. Do you understand that by having a signed settlement
agreement in your hand you are in a much more powerful position no
matter what
happens?? In the 99. 99% probability that everything goes
exactly as the agreement says, you're done worrying about this

forever. In the 0. 0 1 % chance that it does not, then you are in very
powerful and simple position to say that I have a valid legal contract
that Michael broke, and I want it enforced. It would be extremely
straightforward and hard to argue with. The judge would t [sic] need
to know or care about the details of the case, only that one side broke
a valid agreement. Amber I know you worry about every possible
scenario, but having a signed document in hand to begin with is your

most powerful insurance to protect you. Please, I'm leaving the office
and heading in that direction now with the documents. Tell me what
you want to request ( notary only, notary plus witnesses, different
10
location, whatever).
11
Based on his promise and representations, Ms. Baptiste signed the Settlement Agreement.
12
8.
Mr. Goguen' s refusal to pay the remaining settlement payments is a willful breach of
13
the Settlement Agreement and has resulted in damages in excess of $30 million. Mr. Goguen' s
14
continuing refusal to pay the monies owed requires the enforcement of the Settlement Agreement,
1s
an award of compensatory damages, and an award of attorney' s fees and costs, pursuant to the
16
Settlement Agreement. Goguen additionally asserts that he need not pay the remainder of his
17
obligation to Ms. Baptiste because she " contacted" him after the agreement was signed.
18
Mr. Goguen appears to forget that he was a willing participant in these communications. By way of
19
example only, contrary to his assertion that he wanted nothing to do with Ms. Baptiste, Mr. Goguen
20
sent Ms. Baptiste a text message enthusiastically setting up weekly calls with Ms. Baptiste. This
21
text,
sent over a month after
the Settlement Agreement
was signed, reads as
follows: " Hi sweet
22
Amber! I love the idea of checking in once a week but maybe we should pick a different day/time.
23
My Monday
partners meetings run
from 7am- 7pm pretty
much
nonstop.:( Maybe Tuesdays at 8: 30?
24
WWWWWrr[.l
2s
26
27
28

1074278
THE PARTIES
3',
4
9.
Plaintiff Amber Laurel Baptiste is an individual who maintains her primary place of
residence in Los Angeles, California.

10.
Upon information and belief, Defendant Michael Lewis Goguen is an individual who
maintains his primary place of residence San Mateo, California. Mr. Goguen is a sophisticated
businessman, currently a Managing Partner, Venture Capitalist, and General Partner at Sequoia
Capital, as well as a board member on over a dozen prominent corporations.
11.
The true names and capacities of the defendants named herein as DOES 1 through
100, inclusive, are unknown to Plaintiff at the present time, and Plaintiff therefore sue such
I0
defendants by such fictitious names pursuant to the California Code of Civil Procedure 474.
11
Plaintiff will, if necessary, amend this Complaint to allege the true names and capacities of said
12
defendants when ascertained. Plaintiff is informed and believes and, thereon alleges, that each of
13
such defendants is responsible in some manner for the occurrences and damages alleged herein.
14
12.
Plaintiff is informed and believes and, on that basis alleges, that at all times herein
4A
15
mentioned, each defendant was acting for himself and/ or itself, individually, and as the agent,
16
employee, representative, partner and co- conspirator of each of the other defendants, individually
17
and collectively, and in undertaking the acts, conduct, transactions and contracts herein alleged,
18
each of the defendants was acting on its own behalf, and on behalf of the other defendants in the
19
course and scope of such agency, employment, representation, partnership and conspiracy. Plaintiff
20
is informed and believes, and on that basis alleges, that each defendant authorized, approved, and
21
ratified each and every act, transaction and contract undertaken by each other defendant, and each
22
and every act, transaction and occurrence undertaken by each defendant was perpetrated in
23
furtherance of defendants' agency, employment, representation, partnership, and conspiracy with
24
each other defendant.

25
26
27
13.
Subject matter jurisdiction is proper in the Superior Court of California for the
County of San Mateo pursuant to Article VI, Section 10 of the California Constitution.
28

1074278
1
2
14.
Venue is proper in the Superior Court of California for the County of San Mateo
pursuant to sections 395( a), et seq., of the California Code of Civil Procedure.
15.
Pursuant to paragraph 14 of the Settlement Agreement, the " Agreement shall be
subject to, governed by, enforced, and construed pursuant to the laws of the State of California....
and enforceable in the San Mateo County Superior Court in San Mateo, California."
FACTUAL BACKGROUND AND GENERAL ALLEGATIONS
Mr. Gotuen' s Sexual Abuse
10
16.
Ms. Baptiste has been a victim of human trafficking from the age of 15. Treated like
chattel, Ms. Baptiste endured years of physical, sexual, and emotional abuse at the hands of human
traffickers and their customers, including Mr. Goguen. Ms. Baptiste was frequently restrained,
threatened with violence, kept in the dark, beaten, and starved. In 2001, Ms. Baptiste was brought
12
13
Q)
to America to be sold as a dancer to a strip club.

17.
Mr. Goguen, currently a Managing Partner, Venture Capitalist, and General Partner
14
at Sequoia Capital, as well as a board member on over a dozen prominent corporations, was
15
introduced to Ms. Baptiste shortly after her arrival in the US. I Ie

- met her at a strip club in Texas
16
where she was a dancer.
Ln
17
18.
Mr. Goguen began contacting Ms. Baptiste repeatedly, asking her out for dinner.
18
Mr. Goguen repeatedly promised Ms. Baptiste that if she would go out with him, he would help her
19
break free of the human traffickers and he would protect her from them. Unbeknownst to
20
Ms. Baptiste, Goguen was a worse predator than the human traffickers who were keeping her in
21
bondage. Ms. Baptiste eventually relented and agreed to have dinner with Mr. Goguen. On the
22
evening of the dinner, Mr. Goguen lured Ms. Baptiste to his hotel room under the pretenses that he
23
needed to finish a few calls before dinner. Ms. Baptiste arrived at his room to find Mr. Goguen
24
nude and touching himself. He immediately cornered her and insisted that she have sex with him.
25
Ms. Baptiste told him she was a virgin and would not have sex with him. He continued pressuring
26
her, moving her hand to touch his penis and grinding against her leg. Mr. Goguen finally let her
27
1 leave after she broke down in tears.
28

1074278
19.
Over the next few months, Mr. Goguen continued to contact Ms. Baptiste, informing
her that he had divorced his ex- wife Lynne Izicki, with whom he had two children, and was now
single. Mr. Goguen told Amber that he wanted to be the only man in her life. Ms. Baptiste told him
she was not interested in being his sex slave, as her indentured servitude to the human traffickers
was killing her, and that she feared for her life. Mr. Goguen promised that if she would have sex
with him, he would help her escape from the human traffickers, protect her, and help her get an
education.
20.
Later in 2001, Ms. Baptiste
agreed
to Mr. Goguen'
s " offer."
Despite his sexual
relationship with Ms. Baptiste, Mr. Goguen remarried to a woman named Melinda Rose.
10
Mr. Goguen never informed Ms. Baptiste of his marriage, insisting that he was single and she was
11
his only sexual partner. He divorced Melinda Rose in 2006 only to marry Jordana Crisel Woodland
12
within the next year and father three children with her. Throughout this time, Mr. Goguen
13
continued his sexual relationship with Ms. Baptiste, not informing her of his marriages to Rose and
14
Woodland, or that he maintained any other sexual partners. Throughout their relationship,
15
Mr. Goguen used the alias Mark Smith to conceal his identity. Mr. Goguen and Jordana Crisel
16
Woodland were subsequently divorced.
Ln
17
21.
In or around 2010, at Mr. Goguen' s request, Ms. Baptiste formed two companies to
18
receive money from Mr. Goguen in exchange for Ms. Baptiste' s submission to his deviant sexual
19
desires. Ms. Baptiste formed Je Ne Se Que Enterprises, LLC and a charitable organization called
20
Every Girl Counts. Mr. Goguen then wired money directly to these companies. On information and
21
belief, the money was wired to the companies so that he could write off the money as " donations"
22
and keep it hidden from his wife. This money was paid to Ms. Baptiste to cover her general living
23
expenses.
24
22.
From 2001 to 2013, Mr. Goguen continually raped Ms. Baptiste and forced her into
25
unwanted sexual encounters as he required increasingly demeaning sexual acts, including forcibly
26
sodomizing Ms. Baptiste for up to 6 hours at a time. Mr. Goguen routinely forced Ms. Baptiste to
27
use alcohol and intoxicating agents to render her more pliable to his lewd demands. She frequently
28
woke up in a hotel rooms, procured by Mr. Goguen, disoriented, nauseous, and often experiencing
1074278
severe pain in her anal canal. Mr. Goguen would be long gone, only to call weeks later to demand
another meeting. As required by Mr. Goguen, Ms. Baptiste did not engage in sexual intercourse
with any other person during the course of her association with Mr. Goguen.
23.
4
5
of the human traffickers in exchange for increasingly debasing acts. Mr. Goguen would require
Ms. Baptiste to grovel, refer to him as a king and an emperor, and beg him to masturbate. He would
then forcibly ejaculate in her mouth, causing her to choke and vomit, while telling her how
unworthy she was of him. The majority of their encounters involved forced sodomy with various
objects, often for many hours at a time. No matter how many times she cried or begged him to stop,
10
he would demean and verbally abuse her until he was finished, only to seek forgiveness weeks later
11
and repeat the cycle.
24.
12
Q)
Mr. Goguen continued to dangle the prospect of helping Ms. Baptiste out of the grip
In or about June 2012, during a trip to London, Mr. Goguen forcibly sodomized
13
Ms. Baptiste for hours, eventually ripping through her anal canal and causing a 7 -inch tear. He left
14
Ms. Baptiste bleeding and alone on the floor of a hotel room and left the country. Ms. Baptiste was
15
left to seek emergency medical aid alone in a foreign country, nearly hemorrhaging to death. After
16
avoiding her for months, Mr. Goguen simply gave her money for the medical bills and suggested
17
they pretend as if nothing had happened.
25.
18
Throughout their " association,"
Mr. Goguen insisted that he had never had a sexually
disease (" STD") and would refuse to wear a condom. Ms. Baptiste later found out that
19
transmitted
20
Mr. Goguen had a thirty-year history of visiting various prostitutes and having unprotected sex with
21
them. Ms. Baptiste was regularly screened for STDs and had never tested positive for HPV prior to
22
2011.
23
of HPV. This infection put her at risk of various cancers, including cervical cancer, which could
24
require a hysterectomy and prevent her from being able to bear children. Ms. Baptiste confronted
25
Mr. Goguen about the STD and he admitted that he had known he was infected, and regularly
26
sought excision, cryosurgery, and other treatments to remove warts and lesions from his genitals.
27
Mr. Goguen told Ms. Baptiste not to worry about her infection, as he would be her only sexual
28
partner for the rest of her life. When she protested, he told her to conceal that she was infected with
In or about 2011, Ms. Baptiste' s STD panel came back positive for several high- risk strains

1074278
HPV and spread it to other men. He orally agreed to pay for Ms. Baptiste' s medical expenses,
health insurance, general expenses, and emotional injuries/ damages as a result of the STD (the
2012 Agreement").
26..
of the 2012 Agreement. After Mr. Goguen' s continued refusal to pay Ms. Baptiste' s expenses,
Ms. Baptiste retained an attorney. In or around February 2014, her attorney sent Mr. Goguen a draft
complaint for personal injury and a demand letter for mediation.

27.
L'
In or around mid -2013, Mr. Goguen stopped paying Ms. Baptiste' s bills in violation
When Mr. Goguen received the draft complaint, he instructed Ms. Baptiste to fire her
attorney, convincing her that the attorney was a criminal who victimized his clients, would take her
10
money, and would never leave her alone. Mr. Goguen told Ms. Baptiste that he would not negotiate
11
with her while she retained her attorney and insisted that he and his lawyers would act as her
12
attorneys. Afraid of Mr. Goguen' s threats, Ms. Baptiste complied with Mr. Goguen' s demands and
13
fired her attorney. Without representation of her own, Ms. Baptiste relied on Mr. Goguen, who used
14
his attorneys to draft a settlement agreement.

The Settlement Agreement
15
28.
16
From February to May 2014, Mr. Goguen proposed various terms of settlement to
17
Ms. Baptiste, drafted by his attorneys. The emails from Mr. Goguen to Ms. Baptiste, containing the
18
drafts of the settlement agreement, opened and concluded with Mr. Goguen expressing his " love"
19
20
I for her.
29.
On or about May 23, 2014, Ms. Baptiste and Mr. Goguen entered into a valid and
21
legally enforceable Settlement Agreement that disposed of all claims asserted in Ms. Baptiste' s
22
contemplated lawsuit against Mr. Goguen for claims arising out of their " personal relationship."
23
At Goguen' s arrangement, the Settlement Agreement was signed and notarized.
24
30.
In exchange for Ms. Baptiste' s release of the claims in her contemplated lawsuit and
25
her confidentiality regarding the Settlement Agreement, Mr. Goguen' s abuse, their association, and
26
the contemplated lawsuit itself, Mr. Goguen agreed to pay Ms. Baptiste the sum of $40 million.
27
Pursuant to paragraph 1 of the Settlement Agreement, this was to be paid in four installments of $10
28
million.

1074278
31.
Far beyond the terms of the Settlement Agreement, Mr. Goguen made additional
threats to Ms. Baptiste, telling her that he would hire someone to follow her wherever she went to be
3
sure she never spoke of his abuse. He also demanded that she move out of her home and relocate to
another state or even another country after the agreement was signed. Ms. Baptiste followed his
instructions and moved out of her home.
32.
Notwithstanding paragraph nine of the Settlement Agreement, prohibiting
communications between Mr. Goguen and Ms. Baptiste, Mr. Goguen continued to contact
Ms. Baptiste, mostly by telephone, to complain about his sexual problems with this wife and other
family problems.
Mr. Goguen Repudiates the Settlement Agreement
10
1I
12
13
L
Q)
33.
Mr. Goguen
34.
The first payment under the Settlement Agreement was due by June 1, 2014.
paid
Ms. Baptiste the initial $ 10 million.
On or about December 19, 2014, Mr. Goguen sent a letter to Ms. Baptiste refusing to
14
make the second payment, purporting to rescind the contract, and claiming the Settlement
15
Agreement was null and void as procured under extortion even though he was the only one
16
represented by counsel, he and his attorneys drafted the Settlement Agreement, and he, in writing,
17
pressured Ms. Baptiste to sign it.
18
19
20
35.
Mr. Goguen' s December 19, 2014 letter is a repudiation of the Settlement
Agreement.
36.
The remaining payments were due on December 31, 2014, June 30, 2015, and
21
December 31, 2015. None of these payments were made. Now that Mr. Goguen is divorced from
22
Ms. Woodland, he no longer cares to follow the terms of the Settlement Agreement.
FIRST CAUSE OF ACTION
23
Breach
24
25
26
27
28
37.
of
Contract Against all Defendants)
Plaintiff realleges and incorporates by reference each and every allegation contained
in paragraphs 1 through 36 above, as though fully set forth herein.

38.
On May 23, 2014, Defendant entered into a valid and legally enforceable written
contact, the Settlement Agreement, whereby Mr. Goguen agreed to pay Ms. Baptiste $40 million
1074278
dollars in four installments of $10 million, in exchange for Ms. Baptiste' s release of the claims
arising out of their association and her confidentiality regarding the Settlement Agreement,
Mr. Goguen' s abuse, their association, and the contemplated Iawsuit for personal injuries. See
Exhibit A.
39.
payment of $10 million on May 30, 2014.

40.
Plaintiff has performed all promises, covenants, and obligations required of her
pursuant to the terms of the Settlement Agreement, except as such performance may have been
excused or prevented by Defendant.

41.
10
Pursuant to the terms of the Settlement Agreement, Mr. Goguen made the first
Mr. Goguen materially breached the Settlement Agreement by his December 19,
11
2014 letter, purporting to rescind the contract and informing Ms. Baptiste that he would not honor
12
the obligation to pay the subsequent $30 million owed under the Settlement Agreement.
42.
13
Mr. Goguen materially breached the Settlement Agreement by not making the three
14
subsequent $ 10 million dollar payments on December 31, 2014, June 30, 2015, and December 31,
15
2015.
16
43.
Therefore, as a direct and proximate result of Mr. Goguen' s breach and conduct,
17
Ms. Baptiste has suffered and continues to suffer substantial. damages, including, without limitation,
18
the outstanding $30 million owed under the Settlement Agreement, the accrued interest thereon, and
19
the attorney' s fees involved in the enforcement of the Settlement Agreement, pursuant to paragraph
20
8 of the Settlement Agreement.

PRAYER FOR RELIEF
21
22
23
24
25
WHEREFORE, Plaintiff requests that the Court enter judgment in her favor and against
Defendants as follows:
1.
For enforcement of the Settlement Agreement and payment of all sums owed in
1 connection with that agreement;
26
2.
For compensatory damages according to proof at trial;
27
3.
For reasonable attorney' s fees and costs of suit herein incurred;
28
4.
For pre- and postjudgment interest to the maximum extent permitted by law; and
1074278
5.
For all such other relief that the Court may deem just and proper.
2
3
DATED: March 8, 2016

6
7
By:
PATRICIA L. GLASER
G. JILL BASINGER
Attorneys for Plaintiff
10
11
12
13
i
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1074278
VERJEWA'TMN
I have read the foregoing Verified Complaint for Breach of Contract and know its contents.
2L CHECK APPLICABLE PARAGRAPH
am a party to this action. The matters stated. in the foregoing document are true of my own
ID [
knowledge except as to those matters which are stated on information and belief; and to
those matters I believe them to be true.
1
am
an officer
of
a partner
a party to this
action, and am authorized to make this verification for and on its behalf.,and I make this
verification
for that
reason.
1 am informed and believe and on that ground allege that the
The matters stated in the foregoing

foregoing document are true.
document are true of my oven knowledge except as to those matters which are stated on
matters stated
in
the
information and belief. and as to those matters I believe them to be true.
10
a party to this action. Such party is absent

from the county of aforesaid where such attorneys have their offices, and I make this
verification for and on behalf of that party for that reason, I am informed and believe and on
11
that ground allege that the matters stated in the foregoing document are tnie.
12
am one of the attorneys
for ,
I. declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
13
s....
fL
Executed
14
on
Vkox6l j,
2016,
Canada
at
15
16
Ambe_ Laurel Baptiste

17
18
19
20
21
23
74
25
26
27
28
1L/ rnic1,'
rEnI.
RELEASE AND PERSONAL INJURY SETTLEMENT AGREEMENT

Release
This
is
Agreement)
between
hand,
AMBER
For
A.
personal
AMBER"),
on
by and
the
one
on
the
hereinafter. " MICHAEL"),
AMBER
time,
of
period
and
MICHAEL
were
involved
relationship.
AMBER
B.
May : L%-, 2014,
of
hereinafter "
GOGUEN (
LENTIS
as
with reference to the following facts and purposes:
nand,
other
in
MICHAEL
and
BAPTISTE (
LAUREL
into
entered
and
made
Agreement
Settlement
Injury
Personal
and
had
contemplated
and
prepared
filing
lawsuit
against MICHAEL seeking monetary damages for personal injury and

other claims arising
MICHAEL
C.
from their prior relationship.

details
all
confidential
remain
relationship
that
desires
is
AMBER
and
relating
to
willing
their
to
agree
thereto.
By signing this Agreement
D.
admission
and
its
regarding
terms
wrongdoing
any
pertain
to
neither party is making any

by
disputed
that
claim
This
party.
and
do
not
release
constitute
an admission of liability by either party.

F.
below,
In
AMBER
information
exchange
is
fox
willing
relating
to
the
to
their
payment
agree
to
MICHAEL
by
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relationship,
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her
all
contemplated
C'c L3
rsion6. do.
ALB
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lawsuit
MICHAEL,
against
to
Agreement,
this
to
relating
and
release all claims she may have against MICHAEL for any harm or
damage
of
any
type
have
may
she
which
suffered
or
in
may
the
future suffer by reason of any action or inaction by MICHAEL or

by reason of their interaction or relationship with each other,
and to forebear from bringing any action or lawsuit or asserting
MICHAEL,
against
whatsoever
claim
any
the
on
terms
forth
set
hereafter.
IT
THEREFORE,
NOWT,
MICHAEL
1.
IS
HEREBY
shall
and
claims,
all
this
FOLLOWS:
the
AMBER
pay
consideration for the terms
AGREED AS
40, 000, 000
of $
sum
as
of this Agreement and her release of
consideration
shall
be
paid
in
payments
only after this Release and Personal Injury Settlement Agreement

being
signed
10, 000, 000
be
will
2014;(
31,
paid
will
be
and
3)
by
be
the
June
shall
be
third
by
paid
30,
Upon
payment
2015;
the
shall
shall
be
the
4)
be
signature
1,
June
and
will
and. (
and
first
the
for $ 3. 0, 000, 000
for $ 10, 000, 000
2.
1)
then
and
parties,
schedule: (
payment
following
payment
both
by
of
2014;(
be
fourth
2)
paid
by
this
and
be
will
payment
the
by
for $ 10, 000, 000
paid
to
according
final
December
31,
Agreement
ALB
the
for
second
December
and
will
payment
2015.
by
15 I;
both
RLG
AMBER shall
parties,
all
filed
be
copies
and
drafts
the
In
copies.
the
of
preparation
AMBER
MICHAEL,
deliver
complaint/
event
lawsuit
any
forthwith
shall
copy of
lawsuit
her
cause
who
his
of
any
shall
individuals
other
any
against
or
AMBER
associations.
and
agents
MICHAEL
against
or
entities,
of
filed
was
it
dismiss
attorneys,
assisted ;
forthwith
to
by
with
business
the
with
destroy
AMBER
all
against
prejudice
and
the dismissal with prejudice to MICHAEL within
hours after its filing with the. Court.
paid
her,
to
known
interest,
in
AMBER
equity,
ever
anything
this
of
or
including,
and
without
emotional
every
or
now
whatsoever,
Release
amounts,
unknown_,
known
had
releases
and
from
kind
has,
all
and
the
limitation.,
may
beginning
for
injury,
y,
expenses,
arise
way
to
the
property,
or
any
law
which
out
of
date
of
Agreement,
monetary
other
ALB` ';>
dau
at
unsuspected,
time
be
successors - in -
Settlement
claims
personal
p
any
to
MICHAEL
whatsoever,
or
of
Injury
any
discharges
damages,
nature,
in
40, 000, 000
and
claims,
suspected
or
Personal
dama g es
,
absolutely
associations,
unknown,
from
the $
of
consideration
entities,
or
action,
of
causes
hereby
business
his
and
in
AMBER
3.
or
destroy all
lawsuits previously prepared or being prepared on her behalf
to
48
forthwith
relief
ti'.=
ALG
from,
arising
any
action
other
bring
him
injury,
relating
to,
by
MICHAEL
or
associations.
or
or
sustained,
causes
of
lawsuit(
s),
all
may
MICHAEL
relief
relationship. or
any
MICHAEL'
of
AMBER
fully
as
sustain,
action
by
raised
complaint,
related
from,
in
damages,
inaction
business
entities
from,
damage
of
the
any
and
claims,
claim
and
waives
recovery against MICHAEL
and/ or
her
not
or
MICHAEL
result
any
or
or in any way
action
affiliated
releases
injury
assert
any other
shall
emotional
arising
to any financial
claims,
to
relationship
AMBER
and
damages,
property,
other
any
she now has
to,
relating
or
their
by
rights
for
their
MICF.AEL,
by
against
action
to,
relating
way
inaction
whether
personal
all
any
or
legal
any
against
in
or
AMBER
has
alleged
and
which
facts
drafted
previously
from
any
time
period
during which the parties co- habitated and at any other. time.
4.
This
and
enforced,
Section
construed
AMBER
California.
1542
Agreement
of
pursuant
expressly
the
be
shall
r.o
waives
California
to,
subject
the
all
Civil
laws
of
rights
Code,
governed
the
she
State
has
which
by,
of
under
statute
provides:
Section
1542.
Extinguished.
General
general
Release -
Claims
does
release
not
1 ;,
doc
l-
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extend
know
to
or
claims
suspect
time
at
the
if
known
by
to
of
the
exist
or
his
the
her must
her
or
creditor
in
executing
him
his
affected
which
or
does
her - favor
release,
have
not
which
materially
the
with
settlement
debtor."
5.
knows
disputes
between
the
acknowledges
effect
to
and
now
that
the
with
settle
or
or
exist,
furtherance
herein
full
discovery
and
or
to
her
heretofore
of
existence
intention
all
the
suspected
or
be
general
of
to
of
have
shall.
she
subject
existed,
intention,
such
given
which
the
resolve
unknown,
complete
and
those
respect
is
hereafter
may
from
it
that
known
release
the
notwithstanding
but
forever
In
parties.
she
different
true
settlement,
which
as
or
be '
to
differences,
and
unsuspected,
addition
finally,
fully,
hereby
i.n
this
that
acknowledges
believes
or
of
matters
in
facts
discover
now
AMBER
any
and
AMBER
remain
release,
additional
facts.
6.
into
this
As
material
Agreement,
AMBER
inducement
and
for
MICHAEL
MICHAEL
to
enter
agree
to
keep
ALB
loc
AO ;
df LG
confidential
correspondence,
materials,
the
between
any
to
lawsuits
filed
be
iv)
and (
the
and
of:
the
the -
erms
or being
and
relationship
Personal
and
and
existence
on
correspondence
Injury
thereof,
AMBER' s
drafts
all
broadest
the
any
prepared
including
information
such
friends,
publication
to, any
family
by
any
was
behalf
of
any
referencing
civil
same);
discuss,
person
or
members,
social
means
learned
publish
entity,
any
media
networks,
obtained
or
or
disseminate
including
outlet,
any
forever
whatsoever,
or
Neither party shall
relationship.
disclose,
Internet
media,
electronic
information which
parties'
indirectly
or
limitation,
of
financial
course
directly
any
including
documents
Release
this
MICHAEL (
in
i)
to: (
photographs,
the personal life of the other party and all of her/ his
personal
in
ii)
documents,
communications (
related
prepared
against
and
complaints
or
or
parties, (
Agreement,
Settlement
iii)
of
out
arising
sense)
information,
all
and
any
without
print
other
and
or
means
for
all
time.
7.
MICHAEL
bargained
specifically
confidentiality provisions in this Agreement

would
AMBER.
not
have
Any
agreed
breach
of
to
the
pay
any
amount
confidentiality
for
and without them he

of
consideration
provisions
ALB % `
16
doc
the
in
to
t;:is
i N:LG
Agreement
in
which
at
this
will
time
any
required
to
pursue
fees
would
confidentiality
of
the
impracticable
dollar
actual
parties
terms
agree
damages
said
is
or
to
for
responsible
all
of
including obtaining any restraining

to
prevent
AMBER
in
this
this
agreed
entire
in
further
any
waives
her
breaches
right
bargained
amount
of
in
of this Agreement
Agreement
to
or
oppose
in
and,
difficult
damages
the
Any
event
to
this
AMBER.
MICHAEL
and if AMBER is
breach
them
of
the
be a material
ease,
it
time '
would
fix
Co
Therefore,
violates
of
any
be
the
the
the
required to pursue legal
ALB
A'/,"'.
doc
MLG
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n6.
the
without
will
which
at
for
and
Agreement.
this Agreement
Agreement
extremely
that,
be
specifically
provisions
or
MICHAEL,
incurred by MICHAEL in enforcing
provisions
have
not
if
and
AMBER
orders.
AMBER
confidentiality
event
costs
information.
restraining
the
to
shall
necessary
of
in
obtain
damages
of
AMBER
reasonably
of
8.
breach
and
amount
Agreement
to
action
AGREEMENT,
such
she
legal
and,.
or extremely difficult
that,
agree
this
of
this
terms
dissemination
any
terms
entire Agreement
dollar.
actual
parties
Agreement,
attorneys'
impracticable
the
the
the
of
this
enforce
orders
fix
to
Therefore,
violates
the
a material breach of the
it would be
case,
MICHAEL.
the
be
action
to
MICHAEL
be
shall
to
MICHAEL
restraining
all
this ',Agreement,
enforce
the
of
terms
any restraining orders

breaches
his
waives
and
this
of
reasonably
dissemination
or
to
right
fees
attorneys'
the
enforcing
further
any
prevent
information.
oppose
of
such
any
orders.
MICHAEL
9.
and
AMBER
hereafter,
them
between
in
AMBER
by
to
or
for
including obtaining
AGREEMENT,
necessary
damages
responsible
incurred
costs
said
obtain
agree
the
with
to
cease
all
communications
of
communications
exception
pertaining directly to the implementation of this Agreement.

MICHAEL
10.
residential
within
from
25
its
miles
outer
of
the
himself
for
estate
real
hereafter
agrees
of
city
New
This
Release
and
Agreement
and the
agreement
between the parties with

and
executed
oral
are
by
all
of
no
settlement
be
may
agreements
his
or
and/
New
York,
purchase
current
York,
as
any
spouse
measured
perimeter.
11.
hereof,
to
not
the
reached herein
amended
parties
only
hereto.
respect
by
All
force
or
effect.
There
to
the
earlier
and writings are expressly
further
represent
the
entire
subject
matter
agreement
an
Settlement
Injury
Personal
in
writing
understandings,
superseded hereby and

have
been
no
ALB /
promises,
MLG
or
representations,
oral
or
of
written,
by
agreements
any
character
either
except
nature,
or
to
party
the
as
other,
set
forth
herein.
AMBER
12.
independent
of
Agreement
this
had
has
advice
into
this
Agreement
that
Agreement
its
and
13.
of
the
is
to
AMBER
she
legal
fully
and
her
of
of
and
she
counsel
and
is
she
free
enter
entering
and
will,
kind.
any
and
willingly
that
own
seek
the making
law,
the
all
to
AMBER
further
this
understands
completely
free
consequences.
Release
and
Personal
and shall be binding and

successors,
predecessors,
seek
acknowledges
pressure
This
to
understand,
voluntarily,
advised
California
under
rights
needs
or
acknowledges
Agreement
or
been
in connection with
opportunity
Agreement.
duress
any
her
and
wants
she
this
to advise her
sufficient
into
of
counsel
has
she
acknowledges
and
shall
Injury
Settlement
inure to
the benefit
assigns
of
each
the
of
parties.
14.
Agreement
construed
the
event
The
parties
be
shall
pursuant
that
any
hereto
subject
to
the
laws
provision
to,
of
of
intend
and
by,
governed
the
this
State
of
Agreement
C,(
l. doc
that
agree
this
enforced,
and
California.
is'
held
ALB./
to
In
be
MLG
ineffective
nevertheless
the
San
Mateo
or
be
invalid,
given
County
full
the
force
Superior
remaining
and
Court
in
effect
San
provisions
and
Mateo,
will
enforceable
in
California.
C.
ALB ,
ur c
WHEREFORE,
Personal
Injury
conditions
Dated:
May
as
the
parties
Settlement
contained
2014
have
entered
Agreement
and
into
agree
this - Release
and
to
and
all
terms
herein:.
nl
AMBER LAUREL 9-AP-JTSTE
Dated:
May
2014
ALB
doc
LG
State of California )
County
511,
of
11
O+ 1
ID IV
Onr. '.
Data'
personally
d )
appeared
before me,
Oil .)
who proved to me on the basis of s

to be the
tkLe
h/
person(`s,
within
st4e/
whose
instrument
they
authorized
and
executed
nameN
isfactory evidence
is
e subscribed to
acknowledged
the
same
in
me
that
I lher/tttsir
and
i 1hrerltheir
that. by
capacity( ies),
on the instrument the personN), or the
signatures('s)
entity
DAH
upon
behalf
of which
the
person( sj acted,
executed the instrument.
Commission 0203450
z ;=::
z
I certify under PENALTY OF PERJURY under the laws

Santa Clara Countyof the State of California that the foregoing paragraph is
My Comm, tx fifes Mar 1 B. 2017
true and correct.
Notnry Public,- California
WITNESS my hand and official seal.
Signature !"
Place Notary Seal Above
J, 4
Signature' of Nota
Public
State of California )
County of
On
Vbefore
Ick() llv' ,
4! !
me,
Tg
1f'{
i {'
l '{ C?
FbI
L4
Here Insert Name and Titid of the Officer ,
personally appeared
who proved to me on the basis of stisfactory evidence
to be the personN whose names) is are subscribed to

the
within
Rehe
instrument
they
authorized
Notary Public Cslifomis

County
acknowledged
the
capacity( itBs),
same
and
that.
to
me
that
in
fits
er heir
by
hls
r hiB
signatures(*
on the Instrument the person( N, or the
entity
behalf
upon
of which
the
personN
acted,
executed the instrument,
DAM EBERLE
Commission # 20113450
Santa Clafe
and
executed
1114 Comm. Explfes Mar 10, 2017.-
017
I certify under PENALTY OF PERJURY under the laws

of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
Place Notary Seal Above
Place
fX, (/
1 r
Signature
t'
7
E/,'
i-'"'!
A
of
Notary Public
K30
ALBMLG
EXHIBIT B
OPERATOR'S LICENCE
No: 1 4891~
008:
1980110118
Sex: F
Eyes: brown
Hair: brown
luued: 2001/11/10
P214
HI: 168cm
Wt: 50 kg
11111111111111
.AII:x?lra
11111111111
CANADA
REGISTRATION.'No.
DATE OF BIRTH
PLACE OF BIRTH
EDMONTON
REGISTRATION DATE
OCT
CEA~IFIEO
~7.
SEX
1980
EXTRACT FROM
DATE ISSUED
JUL 09. 1997
RE~ISTAI\TION 61RTI1 88896~RAR

Of
ISSUED AT EDMONTON, Al6EATA, CN<Af)A,
REG 31... (>8.<111 O\IS-25
GOG002581
GOG002582
EXHIBIT C
1
2
5
4
.!
QUINN EMANUEL URQUHART & SULLIVAN, LLP

John B. Quinn (Bar No. 90378)
johnquinn@quinnemanuel.com
Bruce E. Van Dalsem (Bar No. 124128)
865 S. Figueroa St., 10th Floor
Los Angeles, California 90017-2543
Telephone:
(213) 443-3000
Facsimile:
(213)443-3100
iVlAR 2 i Z016
6
Diane M. Doolittle (Bar No. 142046)
dianedoolittie@quinnemanuel.com
Nicole
Y. Altman (Bar No. 279397)
8
nicolealtman@quirmemanuel.com
9 555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
10 Telephone: (650) 801-5000
Facsimile:
(650) 801-5100
11
7
12 Attorneys for Defendant/Cross-Complainant Miehael Goguen

13
14
COUNTY OF SAN MATEO
15
16
Plaintiff,
17
!
18
vs.
19 MICHAEL LEWIS GOGUEN and DOES 1

through 100 inclusive,
20
Defendants.
21
22
23
I
MICHAEL GOGUEN,
(1) EXTORTION;
(2) RESCISSION;
(3) DECLARATION OF RELIEF;
(4) BREACH OF CONTRACT;
(5) CIVIL RESTRAINING ORDER; AND
(6) INVASION OF PRIVACY
DEMAND FOR JURY TRIAL
vs.
AMBER LAUREL BAPTISTE and ROES 1

26 through 10, inclusive.
27
FIRST AMENDED CROSS-COMPLAINT

OF DEFENDANT/CROSS
COMPLAINANT MICHAEL GOGUEN
AGAINST PLAINTIFF/CROSS
DEFENDANT AMBER BAPTISTE FOR:
Cross-Complainant,
24
25
CASE NO. CIV 537691
Complaint Filed: March 8, 2016

[Signed via Facsimile]
Cross-Defendants.
28
05814-00002/7805256.1
__________
Case No. CIV 537691
GOGUENS FIRST AMENDED CROSS-COMPLAINT
Cross-Complainant Michael Goguen, by and through his attorneys, brings this First
2 Amended Cross-Complaint against Counter-Defendant Amber Laurel Baptiste for extortion,

3 rescission, declaratory relief, breach of contract, a restraining order, and invasion of privacy.
4 Among other things, this First Amended Cross-Complaint adds additional details concerning Ms.
5 Baptistes acts of extortion against Mr. Goguen, including by threatening to make false
6 accusations against him to law enforcement, business clients and colleagues, the press, and his
7 wife.
8
9
INTRODUCTION
1.
Consumed by anger, obsession and jealousy that her decade-long, mutually
10 consensual love affair with Mr. Goguen had ended, Ms. Baptiste hatched a plan to get her
11 vengeance. She would make Mr. Goguenone of Silicon Valleys most prominent venture
12 capitalists and a prolific philanthropistpay, both financially and emotionally. To accomplish
13 her scheme, Ms. Baptiste launched a campaign of harassment designed to inflict as much pain as
14 possible on Mr. Goguen and his family, including threatening to publicly accuse Mr. Goguen of
15 false, horrific acts unless he paid her $40 million in hush money. Ms. Baptistes lawsuit filed on
16 March 8, 2016 is but the latest ploy in her scheme to shakedown Mr. Goguen for tens of millions
17 of dollars and punish him for rejecting her, all under the guise of a lawsuit designed to incite a
18 media firestorm, but shield Ms. Baptiste from a defamation claim. The falsity of her claims is
19 apparent when contrasted with her contemporaneous emails and text messages to Mr. Goguen
20 throughout their relationship.
21
2.
During the past two years leading up to the filing of her lawsuit, Ms. Baptiste
22 fabricated a tale that rewrote the history of a kind and mutually loving relationship in the most
23 opposite, horrible, and defamatory ways her angry imagination could conceivewith allegations
24 of rape (forcible sodomy that almost killed her); decade-long sexual, physical and emotional
25 abuse; that she was rented to Mr. Goguen by sex slave traffickers; that she was starved and
26 beaten by Mr. Goguen; that each encounter with Mr. Goguen was filled with disgusting
27 perversions; that she was a teenager when Mr. Goguen and she first met; and that Mr. Goguen
28 intentionally infected her with a sexually transmitted disease. None of that is true, as documented
05814-00002/7805256.1
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Case No. CIV 537691

1 unambiguously and consistently in the evidence of Ms. Baptistes own words in her thousands of
2 texts and emails sent to Mr. Goguen since they met in March of 2002 until the extortionate threats
3 were made in early 2014. Far from being a victim of any sort of abuse or mistreatment of any
4 kind by Mr. Goguen, Ms. Baptiste fell deeply in love with him directly because of his kind, caring,
5 and compassionate treatment of her at every moment of their relationship. Ms. Baptiste
6 ultimately wanted him to choose her as his life partner and father of her children. The attached
7 exhibit timeline of excerpts from Ms. Baptiste to Mr. Goguen spanning the duration of their
8 relationship, illustrate the extreme absurdity of each of the false and defamatory claims made
9 about Mr. Goguen, as well as Ms. Baptistes motive behind them. (See Exhibit A.)
10
3.
As just a small sampling, among the many thousands of emails and texts
11 Ms. Baptiste sent Mr. Goguen are the following showing that far from being a victim of abuse,
12 Ms. Baptiste repeatedly told Mr. Goguen how much she loved their every encounter:
13
14
15
to me it is the perfect way to love someone. It is forever and unconditional;
16
17
I know it feels really good when we are together and to me it feels so perfect
and I never want to let go of you;
I feel like it is the most perfect beautiful interactions two people could ever
experience; and
20
21
I love our visits. I feel so blessed to have met you and have been able to
maintain a special relationship with you. I can only hope that it continues;
18
19
The love that I hold in my heart for you was instant. It is a perfect love. And
I could never even make love to you enough times to show you how special
you are to me.
22
23 Far from being unable to tolerate Mr. Goguens behavior, she called him by affectionate monikers
24 such as:
25
Prince Charming;
26
My Sweet Sweet Sunshine;
27
My Beautiful Love;
28
[A]n Angel to my life; and
05814-00002/7805256.1
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Case No. CIV 537691

[T]he most wonderful man in my whole world.
2 Far from being a sexual slave, Ms. Baptiste told Mr. Goguen how much she missed him when they
3 were apart and desired to see him again, with endearing phrases such as:
4
1 Million Kisses and Hugs Forever;
You have got to be the sweetest man in the world. I cant wait to see you.
Miss you Bunches;
I miss you and I hope you are well; and
Cant wait to kiss you.
9 Far from being a human trafficking victim, Ms. Baptiste described to Mr. Goguen that she chose
10 to strip because she made a lot of money doing so, could not think of any other job that appealed
11 to her, and voluntarily came to the United States because she preferred to live here:
12
I was approached several times from the agency that booked dancers so I
13
thought about it a few months and then decided I would try out.I got on the
14
stage I did the show I made what seemed like a lot of money in just 30 min.
15
So I went home I thought on it a few more weeks and decided that signing up
16
full time dancing and knowing that I would have to start traveling;
17
Ms. Baptiste travelled to Dallas from a Caribbean resort island that she
18
described as paradise. Upon her arrival in the United States I went to a
19
hotel and I asked the taxi driver to take me to a strip club. So he took me to the
20
mens club. I spoke with the manager and he said he would like to hire me but
21
I needed a USA visa. He suggested that I go to babydolls. So I did. I started
22
working there. A few weeks later was when I met you.
23
the decision;
24
25
26
27
I wanted to live in the USA opposed to Canada and I was only 21 when I made
Of course back at work [stripping] because I cant think of another job I want
to do.
I chose to stay in this [stripping] profession.
28
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Case No. CIV 537691

1 Far from being the prey of a sexual predator, Ms. Baptiste sent Mr. Goguen hundreds of
2 provocative photographs and erotic emails to seduce him, a sample of which follows:
3
I want you to feel comfortably [sic] sharing with me every fantasy you have
ever had. When we come together I want it to be completley [sic] comfortable
and relaxed and for exploration of all fantasy reality and erotica to take place
wherever we decide that may be;
Cant wait for night 3 of our ardent liaison amoureuse:);
I would like to move this sexual energy more often. And sexual energy
equals creativity so the more amazing sex we have the more creative we will
become;
10
11
that you have ever wanted to experience with me. I dont want you to be shy;
12
13
14
15
You can ask me to do anything with you I want you to experience anything
I dont really require variety in hotels. I come there with one thought in mind
which is making love to you; and
I miss you so Much. My Body Misses you so Much. I love you so Much.
16 Far from being forcibly sodomized and left bleeding alone on the floor of a hotel room . . .
17 nearly hemorrhaging to death, the supposed anal tear was so minor that Mr. Goguen was unaware
18 of it until Ms. Baptiste emailed him after the fact gushing about how wonderful the night was and
19 noting that she was scheduled to have a small surgery that was not a big deal. She wrote of
20 that night:
21
22
23
I would never erase that night for anything. It was beautiful each and every
moment;
The last night together was really incredible for me. I could feel so many
24
things moving between us that I have not felt before. Hopefully I will feel you
25
again soon;
26
27
You do not have to feel bad at all. You only have to send me so many good
thoughts and love via brain waives; and
28
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Case No. CIV 537691

1
2
I promise promise it is not your fault.I was a willing participant to this

accident.
3 Far from avoiding her for months, Mr. Goguen responded immediately expressing remorse that
4 she was hurt and providing enough money that she would have the best possible medical
5 treatment. In reality, the only thing that Ms. Baptiste was unhappy about with their relationship
6 was that Mr. Goguen did not requite her forever and unconditional love and did not want to
7 see her as much as she wanted to see him. Indeed, when Mr. Goguen attempted to break off their
8 relationship, Ms. Baptiste wrote that it feels like I am dying knowing that I may never kiss you or
9 look into your beautiful brown eyes every [sic] again and it is torture. Even after the supposed
10 decade of horrific abuse, purported forcible sodomy and abandonment in a foreign country, and
11 alleged intentional transmission of a STD, the only problem with their relationship, in
12 Ms. Baptistes own words, were that she love[d Mr. Goguen] so much: Where you and I are
13 running into a problem is I love you so much. I still love spending time with you. I still love
14 every kiss you place on my body. I still love the inside of you with every fiber of my being. As
15 a final plea, she tried to persuade him that: Of course I feel you are better off if we are together
16 because the love in my heart for you is absolutely irreplaceable. . . . If you love me and you want
17 us to be together forever we can still have that. I told you I would stay beside you and love you
18 and love your children. . . . All of this writing and all I really would like to do is crawl into bed
19 beside you.
20
4.
These statements and hundreds of others like them put the lie to Ms. Baptistes
21 complaint filed in this lawsuit. In short, she is a woman scorned and, if she is a victim of
22 anything, it is of her own delusions.
23
5.
Although Ms. Baptistes allegations are demonstrably false, they nevertheless had
24 their desired effect: the specter of public dissemination of these malicious false accusations
25 frightened Mr. Goguennot only for what they would do to his personal and professional
26 reputation, but also the devastation such allegations would wreak on his family. When faced with
27 the false and libelous claims she has now asserted in this lawsuit, Mr. Goguen wanted
28 Ms. Baptiste to leave him and his family alone, and felt that he had no choice but to pay her to
05814-00002/7805256.1
-5-
Case No. CIV 537691

1 accomplish this. Mr. Goguen sought to reason with Ms. Baptiste, to no avail. She was steadfast
2 that he agree to pay her the full $40 million that she was arbitrarily demanding, or else she would
3 go public with false and heinous claims of sexual assault and sexual exploitation. She would
4 settle for nothing less. After repeated pressure from Ms. Baptiste, and under the stress of her
5 incessant and relentless extortion and blackmail, Mr. Goguen acquiesced to her demands and
6 signed a purported Settlement Agreement. (Referred to hereafter as the Extorted
7 Agreement).
8
6.
Critically for Mr. Goguen, as a material part of the Extorted Agreement,
9 Ms. Baptiste promised to stay away from Mr. Goguen and stop her harassment. After Mr.
10 Goguen made the first of the four payments called for under the Extorted Agreement, for $10
11 million, Ms. Baptiste resumed her campaign of harassment, sending thousands of text messages
12 after signing the document, including ones that disparaged Mr. Goguen and his family and
13 threatened to send him to jail (although there was no basis for such a threat) unless he accelerated
14 the payment schedule. Ms. Baptiste viciously attacked Mr. Goguens wife with racist insults
15 asserting that Ms. Baptiste was better than his wife. Mr. Goguen repeatedly asked Ms. Baptiste to
16 cease these incendiary communications. He told her that she was materially breaching the
17 Extorted Agreement. But Ms. Baptiste would not relent. She continued to send false, vicious
18 emails and, as she later admitted, secretly and illegally tape recorded telephone conversations with
19 Mr. Goguen, as part of her ongoing campaign to make him pay. The peace from Ms. Baptiste
20 that Mr. Goguen expected to secure by agreeing to her extortionate demands was an illusion.
21
7.
When Mr. Goguen realized that Ms. Baptiste had no intention of keeping her
22 promise to leave him in peace, he decided to take a stand and face her. Mr. Goguen informed
23 Ms. Baptiste that he would not make any further payments under the Extorted Agreement,
24 knowing that Ms. Baptiste would seek to destroy him, his career, and his family by taking her
25 false allegations public. Mr. Goguen has come to realize that keeping quiet and satisfying
26 Ms. Baptistes exorbitant financial demands will not stop her harassment, and he is willing to face
27 her and protect his family and his reputation.
28
05814-00002/7805256.1
-6-
Case No. CIV 537691

8.
But that decision is not without its consequences. Ms. Baptiste has now spun her
2 fabricated tale into the complaint filed in this action and, by doing so, has already accomplished
3 the first part of her plancausing maximum harm to Mr. Goguen, knowing that her scandalous,
4 false and outrageous claims would be reported around the world. Ms. Baptistes blatant abuse of
5 the legal system has left Mr. Goguen with no choice but to answer her charges with specific facts
6 of a highly personal nature, precisely what he was seeking to avoid when he was extorted by
7 Ms. Baptiste nearly two years ago.
8
9
PARTIES
9.
Cross-complainant Michael Goguen is an individual and resident of California.
10 Mr. Goguen is an accomplished professional and, until recently, a partner in one of the nations
11 premier venture capital firms. Mr. Goguen is also a prolific philanthropist who regularly donates
12 substantial monies to educational, environmental, and law enforcement causes, among others.
13
10.
Cross-defendant Amber Laurel Baptiste is an individual and, on information and
14 belief, a native and citizen of Canada. In 2002, on information and belief, Ms. Baptiste entered
15 into a sham marriage for the primary purpose of circumventing U.S. immigration laws and is now
16 a resident of Los Angeles, California.
17
11.
The Cross-Defendants identified herein as ROES 1-10 are unknown to Cross-
18 Complainant but aided and/or abetted Ms. Baptiste in her scheme.

19
20

12.
Jurisdiction is proper in the County of San Mateo and in this Court. Ms. Baptiste
21 filed the initial complaint with this Court, thus voluntarily consenting and submitting to this
22 Courts venue on any counterclaims filed against her by Mr. Goguen.
23
13.
Venue is proper in the County of San Mateo. Ms. Baptiste filed the initial
24 complaint with this Court and may not thereafter object to this County as an improper venue for
25 any compulsory counterclaim that Mr. Goguen must assert against her.
26
27 A.
STATEMENT OF FACTS
The Consensual Relationship Between Mr. Goguen and Ms. Baptiste
28
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-7-
Case No. CIV 537691

14.
Ms. Baptiste and Mr. Goguen met in or around 2002. Ms. Baptiste was born on
2 October 18, 1980. Mr. Goguen was at the time, and still is, one of Silicon Valleys most
3 prominent venture capitalists and philanthropists. Ms. Baptiste was an exotic dancer. She had
4 recently moved to the United States from Canada.
5
15.
Ms. Baptiste and Mr. Goguen thereafter commenced a friendship, and later intimate
6 relationship, that spanned over a decade. They saw one another occasionally, typically no more
7 than a few times a year, largely at Ms. Baptistes request. At all times, the relationship was
8 entirely consensual. Ms. Baptiste not only welcomed, but encouraged and pursued, the intimate
9 relationship they formed. Time and again she propositioned Mr. Goguen, offering to travel to
10 meet him and asking that they see each other more frequently.
11
16.
Repeatedly throughout their relationship, Ms. Baptiste expressed to Mr. Goguen
12 how kind and generous he was with her and how much she loved every sexual encounter. As just
13 a few of the many examples, Ms. Baptiste wrote to Mr. Goguen over the years:
14
You are like a shining star. When I am with you I get to forget everything else
15
in my world and just enjoy the sheer ecstasy that my body experiences with your
16
every touch;
17
18
Just talking and listening and sharing with you stimulates everyone [sic] of my
senses. Then there is all the sexy stuff that completely sent me over the edge;
19
I always want everything to be comfortable and sexy and erotic between us;
20
You gained my full trust because when ever I came to see you you always
21
respected my decisions with that [sic] I was comfortable sexually and never
22
pushed me to do more than I wanted to and now I am ready to do more and I
23
hope you are there for that as well;
24
Something really does happen inside of me when I see you and even more so
25
when you are inside of me. A really heavenly feeling, it stays with me for days
26
afterward; and
27
28
05814-00002/7805256.1
I miss you dearly. I miss your touch on my body. When you make love to me
I am portaled away to some far off place of delight.
-8-
Case No. CIV 537691

17.
In addition to her written seductions, Ms. Baptiste repeatedly sent Mr. Goguen
2 sexually provocative and pornographic photographs of herself, unclothed or scantily clothed, in

3 furtherance of her efforts to convince him to see her more often. A few of the milder
4 photographssent in 2013, after she falsely claims to have been raped, abandoned hemorrhaging
5 in a foreign country following hours of forced sodomy, and intentionally infected with a STD
6 include the following:
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
05814-00002/7805256.1
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Case No. CIV 537691

1 It defies logic and common sense that an alleged victim of rape, abuse, and sexual slavery,
2 would send such provocative photos to the alleged perpetrator.
3
18.
The reality is that Ms. Baptiste was an exotic dancer who fell in love with Mr.
4 Goguen, and when rejected sought first a payday, and later revenge. From the early stages of
5 their relationship, Ms. Baptiste propositioned Mr. Goguen for money. Among other things, she
6 told him [y]ou also hold the keys to my freedom from stripping, and proposed that [y]ou
7 provide me freedom from stripping which equals bliss for me. And I become your mistress and
8 you my secret intimate partner. I can come see you on your trips and make you the happiest man
9 alive. Mr. Goguen was generous with Ms. Baptiste and wanted to help her to have a better life.
10 Over the years, he provided her with hundreds of thousands of dollars. This enabled her to quit
11 her job as a dancer and pursue her interests without needing to worry about finances, or even
12 having to work.
13
19.
Mr. Goguen was upfront with Ms. Baptiste that they were not in a monogamous
14 relationship including that, at various times throughout their relationship, he was married.
15 Ms. Baptiste willingly continued with and pursued the intimate relationship with Mr. Goguen,
16 despite knowing that she was not Mr. Goguens only sexual partner. At one point when
17 Mr. Goguen informed Ms. Baptiste that he had re-married, Ms. Baptiste submitted an unsolicited
18 application to be your forever dream girl[;] Your muse and mistress. It is a giant turn on to me
19 to have a secret rendezvouses [sic] with you. She explained to Mr. Goguen that she accepted the
20 fact that they were not monogamous because, as she told him, I think that I adore you so much
21 and you are so sweet with me that it over rides [sic] the other women part in my mind. . . . I
22 never thought ok one day we would be together because that is not how it works. If you started as
23 the other woman then you will always be the other women [sic]. On information and belief, at
24 virtually all times during their relationship, Ms. Baptiste was married and also continued
25 throughout this time to have extra-marital relations with men other than Mr. Goguen. She wrote
26 to Mr. Goguen about her long-term boyfriend, as well as her adventures dating other men. Ms.
27 Baptiste now claims to have been infected by Mr. Goguen with several high-risk strains of the
28 human papilloma virus (HPV). HPV is the most common sexually transmitted infection. HPV
05814-00002/7805256.1
Case No. CIV 537691

-10-
1 is so common that nearly all sexually active men and women get it at some point in their lives. It
2 can be transmitted via sexual intercourse, and also by other contact. In the vast majority of cases,
3 the body clears the HPV without any treatment; it goes away on its own and does not cause any
4 health problems.
In fact, importantly, Ms. Baptiste admitted in writing in June 2013 that she no
5 longer has the virus, if she ever really had it at all:

6 6/25/13
7
8
20.
It is out of my body now. Thank heaven for that. I had the biopsy on my cervix and
everything is clear now. 100 percent gone.
Even if one contracts HPV, it is virtually impossible to determine the source of the
9 virus for a number of reasons: it is so widespread among the sexually active adult population, a
10 person can develop symptoms long after being exposed, it can be transmitted through intercourse
11 and other forms of contact, people may contract and clear the virus multiple times throughout their
12 lifetimes, and many if not most of those infected are unaware that they have or had the virus. Mr.
13 Goguen has never been diagnosed with HPV that he is alleged to have communicated.
Nor does
14 Mr. Goguen believe that he has or ever had any high-risk strains of HPV, as Ms. Baptiste claims
15 to have had. In fact, there is no FDA recognized test for detection of HPV in men, therefore the
16 concept of knowingly transmitting the virus from a man is non-sensical. Mr. Goguen did not, nor
17 would he ever, intentionally infect Ms. Baptiste with HPV, or suggest that she intentionally
18 communicate the disease to her other sexual partners.
19
21.
Ms. Baptiste was at all times a willing and enthusiastic sexual partner. In addition
20 to applying to be Mr. Goguens forever mistress, she repeatedly complimented him on his
21 lovemaking, as well as his kind and generous nature. She consistently described their intimate
22 relations as entirely welcome and pleasurable. Indeed, her most heinous allegation of forcible
23 sodomy leaving her hemorrhaging to death in June 2012 in London is belied by emails she sent
24 Mr. Goguen, including emails in which she states it was an entirely consensual sexual encounter
25 that she characterized as a highly pleasurable night that she wished to repeat. Ms. Baptistes own
26 words in an email to Mr. Goguen shortly after the encounter confirm the facts:
27
28
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Case No. CIV 537691

-11-
1 7/30/12
2
3
4
5
6
I want to show you so many delights.It seems to me my senses are heighten to

you. I can feel you far away.The last night together was really incredible for me. I
could feel so many things moving between us that I have not felt before.Hopefully
I will feel you again soon.
7
8
9
10
I would never erase that night for anything. It was beautiful each and every
moment.
.....
At this time in my life I am becoming extremely sexual inside.Much more erotic
in my mind than I used to be. Although what most people do not understand about
me is I am a very orgasmic being all on my own. I can become very aroused by the
simplest things like tastes and water on my body. Perhaps it is the reason I do not
need to experience many lovers. I love you so I do not want to try. I want to feel
everything with you. So when you have time you must come to me.
22.
Far from leaving her bleeding and alone, the supposed tear was minor enough
11 that Mr. Goguen did not know about it until a month later when Ms. Baptiste informed him in the
12 same July 30, 2012 email:
13 7/30/12
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
05814-00002/7805256.1
Beautiful love
I miss you very much... I hope you are well. I have been hoping to see email from
you with good news. That all matters are well.
As for myself I am great really great. I feel well. I am enjoying the summer. I have
a little bit of bad news to tell you....Well it is not so bad.everything will be much
better next week.
I am not crying I am not stressed at all.Just a little uncomfortable.I am still in
Europe. I must remain here. I can continue to travel after a swift recovery. I must
have a small surgery on friday.I had not told you because I absolutly [sic] do not
feel it is your problem it is my body so it is my concern. I thought the problem
would fix its self.When we were together last time I tore the tissue and ruptured a
vein on the inside. I continued bleeding so I went to the doctor. I was not sure what
had happened. It had never happened before. I did not know the first doctor and did
not feel comfortable with him examining me. I waited a couple of more days. I
went to the a medical center. I asked to see a doctor.
The doctor who will do the operation is a very good doctor and a nice person.He
is not concerned as to why or how this occurred.He says I am very small inside. I
can not do such a thing I told him that we had done it more than 20 times and less
than 30 over the course of 10 years. He says I am lucky this did not happen earlier.
And I am lucky the damage is not much worse. I am sure that if this would have
happened 10 years ago I would have been distraught. Also because it is you and I
there is nothing upsetting to me about it. If it had been a stranger I may have had a
meltdown. This is why I do not make out with strangers. We inserted something in
a place it was not meant not go and The tissue tore. It is not a big deal. It is part of
life.
Case No. CIV 537691
-12-

Darling I promise you I am not upset at all. I simply want him to fix it. I had not
thought something like this could happen. I would never erase that night for
anything. It was beautiful each and every moment.
I suppose that is all for now. I love you....Love you...Love you Forever Amber
1
2
3
4
5
23.
Upon learning that Ms. Baptiste was hurt and scheduled to have what she
6 characterized as a small surgery, Mr. Goguen immediately expressed his remorse that she was
7 injured and provided her with enough money so that she would have the best medical care
8 possible. Ms. Baptiste assured him that You do not have to feel bad at all. . . . I promise
9 promise it is not your fault . . . . I was a willing participant to this accident.
10 B.
Ms. Baptiste Becomes Increasingly Jealous of Mr. Goguens Wife
11
24.
As time went on, Ms. Baptiste became increasingly resentful and bitter. She
12 wanted Mr. Goguen to spend more time with her, to make love to her more often, and to generally
13 make a greater commitment to her. She protested their lack of contact, writing often that she
14 missed him terribly and lamenting that they only saw each other infrequently. She also began to
15 resent Mr. Goguens wife and became increasingly jealous. Ms. Baptiste spewed venomous
16 attacks against Mr. Goguens wife and sought to convince Mr. Goguen that he should be with her
17 instead.
18
25.
As Ms. Baptiste got deeper into her fits of jealousy, she became increasingly
19 delusional. She frequently referred to her supposed psychic abilities and seeing things on a
20 screen in her head. She remarked to Mr. Goguen, for example, that I see plenty of other things
21 in the screen in my mind, and [t]his sort of psychic downloading has happened so many times in
22 my life I must now accept that my brain has the ability to feel sense hear and pick up on some
23 different frequencies when it comes to some people and some things. She tried to defend her
24 sanity claiming I think I am completely sane. . . . When these occurrences take place it seems as
25 if it is coming in on another channel. Like on a television.
26
26.
As time passed, Ms. Baptiste became increasingly frustrated that Mr. Goguen spent
27 so little time with her and remained married to a woman she reviled. As she entered her thirties,
28 she communicated her desire to have children and told Mr. Goguen she wanted him to be their
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1 father. But Mr. Goguen did not leave his wife then and, as Ms. Baptiste learned, he and his wife
2 had more children.
3 C.
Ms. Baptistes Campaign of Extortion Begins
27.
Eventually, Ms. Baptiste concluded that if she could not have Mr. Goguens heart,
5 have children with him, and become his wife, at least she could have his money. By January
6 2014, Ms. Baptiste threatened to falsely and publicly accuse Mr. Goguen of violent rape and
7 intentionally spreading a sexually transmitted disease, among other horrible conduct, unless
8 Mr. Goguen acquiesced to her exorbitant demand for a $40 million payment.
9
28.
Specifically, starting in January 2014, Ms. Baptiste, began making demands of
10 Mr. Goguen in writing (the Initial Extortion Demands), including:
11
12
Ms. Baptiste falsely accused Mr. Goguen of raping her and causing her severe
physical injury;
13
Ms. Baptiste falsely accused Mr. Goguen of intentionally transmitting what she
14
characterized as a lifelong incurable and potentially fatal sexually transmitted
15
diseaseHPVto her despite that her claim was unprovable and despite her
16
having already admitted that she was virus-free;
17
Ms. Baptiste threatened that her false allegations will be disclosed publicly and
provided to the press unless Mr. Goguen demonstrated his generosity;
18
19
20
Ms. Baptiste threatened to disclose her allegations to Mr. Goguens other past
sexual partners;
21
22
Ms. Baptiste threatened to involve Mr. Goguens wife and to investigate her
medical history;
23
Ms. Baptiste threatened disclosure of the false allegations to the public,
24
[Mr. Goguens] existing clients, [his] future clients, [his] associates, and any of his
25
charitable organizations.
26
29.
In sum, Ms. Baptiste threatened to falsely accuse Mr. Goguen of crimes and
27 disgrace him publicly unless Mr. Goguen paid her many millions of dollars. That is the textbook
28 definition of extortion. These Initial Extortion Demands constitute extortion as a matter of law.
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30.
Moreover, Ms. Baptiste knew the factual allegations in the Initial Extortion
2 Demands were false. She acknowledged after the fact that she only made the extortionate threats
3 because she felt that Mr. Goguen had ignored her. She has admitted in writing that she is not
4 infected with HPV. In addition, and among other things, during their relationship, Ms. Baptiste
5 never accused Mr. Goguen of rape or any other misconduct. Far from calling him sexually,
6 physically and emotionally abusive, she called him loving, kind, and generous.
7
31.
The following chart highlights just a few examples of how Ms. Baptistes story
8 changed over time:

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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1
2
Before Rejection
Kind, sweet, delicate
After Rejection
Rapist, murder, and pedophile
I wanted to say thank you for always

being so sweet and kind to me. I adore
you so much and find you so
fascinating.
What you have done is totally

completely illegal. . . . You can not
rape me again. You can not stalk me,
you can not murder me.
[T]hank you for always listening to

me. You are really a great friend and
encouragement for me.
You are absolutely the most amazing
man I have ever met. Even when I
feel really bad in my heart in the most
kind and innocent way you make me
feel a million times better. Your
manner is so sweet and delicate.
Murdering a human being by

intentionally transmitting a fatal virus
to their body is a crime[;] Rape and
molestation are crimes[;] Buying
prostituted sex is a crime[;] Hiring sex
from a minor is a crime[;] Sleeping
with multiple women when you know
you are infected with a disease is a
crime[;] Destroying someones [sic]
body through anal sex should be a
crime[;] Mentally sexually emotionally
and physically abusing a person is a
crime[;] The sale and purchase of
another human being is a crime[.]
Heavenly and Comfortable
Abusive and Violent
Something really does happen inside

of me when I see you and even more so
when you are inside of me. A really
heavenly feeling, it stays with me for
days afterward.
Every time that you had sex with me

and [sic] I would start vomiting
because I could not process the pain.
You gained my full trust because

when ever I came to see you you
always respected my decisions with
that [sic] I was comfortable sexually
and never pushed me to do more than I
wanted to and now I am ready to do
more and I hope you are there for that
as well.
Every time you had sex with me it

was painful. It was humiliating it was
emotionally painful I suffered every
time. I would just cry and cry and
cry.
About Mr.
3 Goguen
5
6
7
8
9
10
11
12
13
14
15 About their
sexual
16 relationship
17
18
19
20
21
22
23
You sexually abused me for years.
24
25
26
27
28
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Before Rejection
After Rejection
2 About the
London
3 Incident
Beautiful and Incredible; I was a

willing participant
Forcible sodomy that almost caused

me to bleed to death
Darling I promise you I am not upset

at all. I simply want him to fix it. I
had not thought something like this
could happen. I would never erase
that night for anything. It was
beautiful each and every moment.
[He] forcibly sodomized [me] for

hours, eventually ripping through [my]
anal canal and causing a 7-inch tear.
He left [me] bleeding and alone on the
floor of a hotel room and left the
country. [I] was left to seek
emergency medical aid alone in a
foreign country, nearly hemorrhaging
to death.
4
5
6
7
The last night together was really

incredible for me. I could feel so
many things moving between us that I
have not felt before. Hopefully I will
feel you again soon.
8
9
10
You do not have to feel bad at all. . . .

I promise promise it is not your
fault. . . . I was a willing participant to
this accident.
11
12
13
14
32.
Yet despite the falsity of Ms. Baptistes revisionist history, Mr. Goguen was
15 understandably sensitive to public disclosure of false and incendiary claims that could devastate
16 his family, including his teenage daughters and his wife who was pregnant when Ms. Baptistes
17 extortion beganas well as damage Mr. Goguens own professional and personal reputation.
18
33.
Ms. Baptiste initially communicated her extortionate threats through a lawyer, who
19 demanded that Mr. Goguen quietly pay forty million of dollars in exchange for a promise that Ms.
20 Baptiste not make false and inflammatory allegations of rape and sexual assault against
21 Mr. Goguen. Once it became clear that her extortionate demands against Mr. Goguen were
22 working, however, and that Mr. Goguen was willing to pay money in response to the threats,
23 Ms. Baptiste fired her lawyer. As she told Mr. Goguen, her lawyer was working on contingency,
24 and she did not want to share a percentage of any money she was able to extract from Mr. Goguen
25 with her lawyer. She wanted to keep it all to herself.
26
34.
At the same time she was extorting tens of millions from Mr. Goguen and firing her
27 lawyer to keep all of the money herself, Ms. Baptiste was also divorcing her self-described sham
28 husband of more than a decade. On November 22, 2002, Ms. Baptiste married a man named
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1 Jerico Andrew Gilbreath in Texasaccording to Ms. Baptistefor the purpose of immigration

2 fraud. She wrote to Mr. Goguen that I tried 3 other avenues of immigration before resorting to
3 this marriage. As she admitted multiple times in various emails she paid her sham husband
4 money for his service, and then never saw him again. She timed her divorce in early 2014 along
5 with the execution of the Extorted Agreement to ensure that she also did not need to share any of
6 the extorted money with him.
7 D.
The Extorted Agreement
35.
Under fear of Ms. Baptistes threats to publicly ruin him, Mr. Goguen initially tried
9 to reason and negotiate with her. Ms. Baptiste at first agreed to a payment of $10 million, but
10 then backtracked. Ms. Baptiste continued to raise the ante, repeatedly threatening public
11 disclosure of incendiary (but untrue) acts. Mr. Goguens wife had recently given birth to their
12 youngest child, and he has other children who would read about the horrific things being said
13 about their father. He implored Ms. Baptiste not to destroy his children. But she persisted.
14
36.
After receiving the Initial Extortion Demands, but before signing the Extorted
15 Agreement, Ms. Baptiste specifically threatened Mr. Goguen that she would disclose their
16 romantic relationship (and the other scandalous allegations) to his wife unless he agreed to her
17 financial terms. She was angry that Mr. Goguen had married another woman, and they were soon
18 to be new parents. At that time in 2014, Ms. Baptiste lived near the retail shop of Mr. Goguens
19 wife. Ms. Baptiste claimed that if and when she encountered Mr. Goguens wife, which was
20 likely, You are going to be the one with the giant headache if I run into her and have a
21 meltdown. This was intended to and did in fact convey to Mr. Goguen that Ms. Baptiste would
22 repeat all of her false allegations to his wife.
23
37.
To protect his familys privacy and reputation, and to buy peace from Ms.
24 Baptistes inflammatory accusations, Mr. Goguen ultimately acceded in direct negotiations with
25 her to satisfy her $40 million demand to keep Ms. Baptistes ruinous lies from being publicly
26 exposed.
27
38.
On or about May 23, 2014, Mr. Goguen executed a purported Release and Personal
28 Injury Settlement Agreement (the Extorted Agreement). This document provided that
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1 Mr. Goguen would pay Ms. Baptiste the full $40 million that she demanded to avoid publication
2 of her false and inflammatory allegations. Pursuant to the Extorted Agreement, the payments
3 were to be made through four installments of $10 million every six months starting on June 1,
4 2014. Within a week of signing the agreement, Mr. Goguen made the first payment of $10
5 million called for under the Extorted Agreement.
6
39.
Mr. Goguen expected that his complete satisfaction of Ms. Baptistes extortionate
7 demands would free him from her demands and threats. Among other key provisions, the
8 Extorted Agreement included a no-contact clause that required Ms. Baptiste to refrain from all
9 communications with Mr. Goguen with the exception of communications pertaining directly to
10 the implementation of the Agreement.
11 E.
The Extortion Continues
12
40.
Far from buying Mr. Goguen the peace that he expected, Ms. Baptistes
13 harassments and threats only increased. Since signing the Extorted Agreement, Ms. Baptiste has
14 bombarded Mr. Goguen with over two thousand text messages that became increasingly vitriolic.
15 Ms. Baptiste escalated her attacks on Mr. Goguens wife, again spewing racist rants against her.
16
41.
In an effort to extort more out of Mr. Goguen, Ms. Baptiste invoked Mr. Goguens
17 children and what they would think upon hearing of their fathers sexual delinquency.
18 Ms. Baptiste also renewed her false accusations that Mr. Goguen was a rapist, a murderer, and a
19 pedophile, and repeatedly threatened to send Mr. Goguen to prisondespite the fact there was no
20 basis for such a threatunless he acceded to her new demands. For example, she claimed that
21 she would put him in prison where somebody will fuck you in the ass do [sic] hard they tear
22 through you [sic] flesh and leaving bleeding [sic] in the emotional cage of [y]our prison cell
23 where [s]omeone with [sic] then knowingly transmit a life altering fatal disease to your body.
24 Most likely HIV and have zero regard for your health or well being.
25
42.
Among her new demands was that Mr. Goguen accelerate the payment schedule to
26 pay her another $30 million by the end of the year (in addition to the $10 million he had already
27 given her). She continued to hound Mr. Goguen despite his explaining that he would not
28 accelerate the payment schedule beyond what was laid out in the Extorted Agreement.
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1 Ms. Baptiste threatened that if Mr. Goguen did not accede to her new demands, which were above
2 and beyond the actual terms of the Extorted Agreement, she would breach the agreement and go
3 forward with her public disclosure of falsehoods as well as both her criminal and civil claims
4 against him.
5
43.
Fed up with Ms. Baptistes continual abuse, on or about August 25, 2014,
6 Mr. Goguen politely reminded Ms. Baptiste that she promised no further communication or
7 harassment. She did not relent. As she continued her increasingly vitriolic rants, he reminded
8 her of her promise of no contact and asked her to cease communicating with him. She refused.
9 She continued to barrage Mr. Goguen with hundreds of false and inflammatory text messages.
10 He politely reminded her several more times to stop the harassing texts. Again, she refused.
11
44.
On or about October 24, 2014, Mr. Goguen again reminded Ms. Baptiste of her
12 commitment to leave him alone: Amber, as clearly stated in our Release and Personal Injury
13 Settlement Agreement dated 5/23/14, section 9, you agreed to cease all communications with me,
14 other than communication pertaining directly to the implementation of the Agreement. This text
15 is to put you on notice that your incessant, demanding, threatening, harassing, and wildly
16 slanderous texts to me are expressly prohibited by section 9, and therefore constitute a material
17 breach of the Agreement. Please stop immediately. She did not.
18
45.
With the frequency and abusive tenor of Ms. Baptistes messages only escalating,
19 on December 19, 2014, Mr. Goguens attorney informed Ms. Baptiste that Mr. Goguen would not
20 be making further payments pursuant to the Extorted Agreement because it, having been procured
21 through extortion, was null and void and, in addition, Ms. Baptiste materially breached the
22 agreement and repudiated it, excusing Mr. Goguens performance and entitling him to rescission.
23
46.
With Ms. Baptiste continuing to harangue Mr. Goguen, on or about December 30,
24 2014, he again asked her to stop contacting him and instead direct all communications to his
25 attorney. Ms. Baptiste again refused, continuing her attacks on Mr. Goguen despite several
26 further admonitions from Mr. Goguens attorney to stop. Unrelenting, Ms. Baptiste retorted that
27 [h]e can expect to receive thousands of text message from me until this is resolved and
28 continued to harass Mr. Goguen.
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47.
In addition, Ms. Baptiste made numerous extortionate threats to report Mr. Goguen
2 to the police and other authorities if he did not pay her more money:
In a February 6, 2015 text, she threatened to speak to the FBI the IRS the police,
a.
all of the agencies that combat sexual abuse, sexual slavery , rape, and the UN, and well as
but not limited to the center for disease control.
b.
In a March 31, 2015 text, she threated that she would be calling the police.
c.
In an April 17, 2015 text, she said that, I will call the FBI and make Mr. Goguen
criminally responsible.
48.
During this time, Ms. Baptistes grasp on reality further loosened. In addition to
10 having made up claims wholesalethat Mr. Goguen abused her physically and sexuallyand
11 continuing to reference the screens in her head, Ms. Baptiste also became increasingly paranoid.
12 Despite no truth to the allegations whatsoever, she began making spurious allegations that
13 Mr. Goguen was having her followed, stalked, and monitored. Nothing of the sort was
14 happening. She repeatedly threatened to go to the police to report the stalking but, upon
15 information and belief, never did.
16
49.
Ms. Baptiste also admitted to having illegally tape-recorded telephone calls with
17 Mr. Goguen without his knowledge during her extortionate negotiations, proclaiming that I have
18 telephone recordings of everything. When asked to turn over the illegal tape recordings to
19 mitigate her illegal conduct, Ms. Baptiste refused.
20
50.
Doubling down on her extortionate ways, Ms. Baptiste upped the ante once again
21 with threats to take public even more outrageous and malicious accusations that are wholly
22 divorced from reality unless Mr. Goguen acceded to her demand for an additional $30 million.
23
51.
When Mr. Goguen refused Ms. Baptistes demands, she carried through on her
24 threats and filed the complaint in this action. Although it contains a single cause of action for
25 breach of contract, Ms. Baptistes complaint is replete with the irrelevant and scandalous (but
26 false) allegations she has long threatened.
27
52.
Enough is enough. Mr. Goguen is no longer willing to accede to Ms. Baptistes
28 threats, whatever the consequences.

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FIRST CAUSE OF ACTION
(Extortion)
53.
Mr. Goguen repeats and re-alleges, as if fully set forth herein, the allegations of all
4 the preceding paragraphs.

5
54.
Ms. Baptiste procured Mr. Goguens signature on the Extorted Agreement pursuant
6 to which she obtained from Mr. Goguen a payment of $10 million, with his consent, induced by
7 Ms. Baptistes wrongful use of fear through Ms. Baptistes threats to falsely accuse Mr. Goguen of
8 crimes; to expose, or to impute to him a deformity, disgrace and crime; and to expose a secret
9 affecting Mr. Goguen unless Mr. Goguen acceded to her exorbitant demands for payment.
10
55.
Ms. Baptiste also attempted to obtain an additional $30 million from Mr. Goguen,
11 with his consent, induced by Ms. Baptistes wrongful use of fear through Ms. Baptistes threats to
12 falsely accuse Mr. Goguen of crimes; to expose, or to impute to him a deformity, disgrace and
13 crime; and to expose a secret affecting Mr. Goguen unless Mr. Goguen acceded to her exorbitant
14 demands for payment.
15
56.
Ms. Baptistes threats to publicly accuse Mr. Goguen of committing crimes she
16 knew he did not commit unless he acceded to her exorbitant demands for money constitutes
17 extortion under Cal. Penal Code 518.
18
57.
As a result of Ms. Baptistes extortion, Mr. Goguen has suffered, and will continue
19 to suffer, damages in an amount to be proven at trial. Mr. Goguen seeks compensation for all
20 damages and losses caused by Ms. Baptistes extortion, including but not limited to return of the
21 $10 million she extorted from him.
22
SECOND CAUSE OF ACTION
23
(Declaratory Relief)
24
58.

26
59.
There exists an actual controversy relating to the rights and duties of the respective
27 parties, specifically whether the Extorted Agreement is null, void, and unenforceable because,
28
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1 among other reasons, Mr. Goguens agreement was obtained by extortion and under substantial
2 duress, and was materially breached by Ms. Baptiste.
3
60.
Under Code of Civil Procedure 1060, Mr. Goguen is entitled to a judicial
4 declaration of the rights and duties of the respective parties under the Extorted Agreement, namely
5 that there are none.
6
THIRD CAUSE OF ACTION
(Breach of Contract)
61.

10
62.
Mr. Goguen has performed all of his obligations under the Extorted Agreement, or
11 is excused from any such obligations he has not performed by reasons of Ms. Baptistes breaches.
12
63.
In the Extorted Agreement, Ms. Baptiste covenanted that she would cease all
13 communications with Mr. Goguen with the exception of communications pertaining directly to
14 the implementation of this Agreement.
15
64.
Ms. Baptiste repeatedly violated this no-contact clause by continued
16 communications to Mr. Goguen following execution of the Extorted Agreement. Ms. Baptistes
17 communications to Mr. Goguen were harassing and threatening. Moreover, Ms. Baptiste
18 continued sending harassing and threatening communications to Mr. Goguen even after both
19 Mr. Goguen and his attorney reminded Ms. Baptiste of her written promise to refrain from such
20 communications and asking that she honor that promise.
21
65.
Ms. Baptistes intentional and repeated harassing and threatening communications
22 to Mr. Goguen, in flagrant violation of the no-contact clause, caused the consideration for
23 Mr. Goguens obligation in the Extorted Agreement to fail in a material respect. In addition,
24 Ms. Baptiste made statements of her intention not to perform except on conditions that went
25 beyond the terms of the Extorted Agreement, including threatening to make false accusations
26 against Mr. Goguen to law enforcement, which constitutes a repudiation.
27
66.
Ms. Baptistes material breaches and repudiation of the Extorted Agreement
28 excuses any performance by Mr. Goguen after her initial breaches of the no-contact clause, and
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1 warrant return of the $10 million payment Ms. Baptiste received pursuant to the Extorted
2 Agreement. In addition, as a proximate result of Ms. Baptistes breaches of contract, Mr. Goguen
3 has suffered, and will continue to suffer, damages in an amount to be proven at trial. Mr. Goguen
4 seeks compensation for all damages and losses proximately caused by Ms. Baptistes breaches.
5
FOURTH CAUSE OF ACTION
(Alternative and Conditional Cause of Action: Rescission of Extorted Agreement)
67.

9
68.
In the alternative, in the event that the he is unsuccessful in his claim for breach of
10 contract as stated herein, Mr. Goguen conditionally brings this claim for rescission.
11
69.
On or about May 23, 2014, as a result of Ms. Baptistes harassment and malicious
12 threats to publicize accusations that she knew to be false against Mr. Goguen accusing him of
13 crimes and other disgraceful conduct that could ruin his professional and personal reputation,
14 Mr. Goguen signed the Extorted Agreement.
15
70.
Ms. Baptistes threats were sufficiently coercive to cause a reasonably prudent
16 person to, and did in fact cause Mr. Goguen to, acquiesce to her demands. Ms. Baptiste thus
17 obtained Mr. Goguens consent to the Extorted Agreement through duress, menace, and/or undue
18 influence in violation of California law. Alternatively, Mr. Goguen is entitled to rescind the
19 Extorted Agreement because of Ms. Baptistes materials breaches thereof.
20
71.
Accordingly, Mr. Goguen is entitled to a judgment from this Court declaring that
21 the Extorted Agreement is invalid, void, and rescinded, and the $10 million Ms. Baptiste received
22 pursuant to it must be returned to Mr. Goguen.
23
FIFTH CAUSE OF ACTION
24
(Restraining Order Pursuant to C.C.P. 527.6)
25
72.

27
73.
Ms. Baptiste has engaged in a knowing and willful course of conduct directed at
28 Mr. Goguen that seriously alarms, annoys, or harasses him, and that serves no legitimate purpose.
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74.
Ms. Baptistes course of conduct is such that would cause a reasonable person to
2 suffer substantial emotional distress.

3
75.
Ms. Baptistes course of conduct did and does actually cause Mr. Goguen
4 substantial emotional distress.

5
76.
Under Code of Civil Procedure 527.6, Mr. Goguen is entitled to a restraining
6 order enjoining Ms. Baptiste from harassing, intimidating, stalking, threatening, or otherwise
7 contacting him.
8
SIXTH CAUSE OF ACTION
(Violation of the California Invasion of Privacy Act)
10
77.

12
78.
Ms. Baptiste and Mr. Goguens telephone conversations were confidential
13 communications carried on in circumstances as may reasonably indicate that Mr. Goguen desired
14 the communication to be confined to him and Ms. Baptiste. Mr. Goguen spoke to Ms. Baptiste
15 from California, where he is a resident.
16
79.
Within a year prior to Mr. Goguens filing of the cross-complaint in this matter,
17 Mr. Goguen learned that Ms. Baptiste intentionally and, without his consent, recorded confidential
18 telephonic communications between her and Mr. Goguen.
Ms. Baptistes surreptitious
19 recording of the telephone conversations of Mr. Goguen, a California resident, without his
20 consent, violates the California Invasion of Privacy Act, Cal. Penal Code 632.
21
80.
Under California Penal Code section 637.2, Mr. Goguen is entitled to a restraining
22 order enjoining Ms. Baptiste from further violations of the California Invasion of Privacy Act.
23 Mr. Goguen further seeks an order requiring Ms. Baptiste to destroy any and all copies of the
24 illegal secret recordings.
25
81.
As a proximate result of Ms. Baptistes breaches of contract, Mr. Goguen has
26 suffered, and will continue to suffer, damages in an amount to be proven at trial. Mr. Goguen
27 seeks treble damages for all damages and losses proximately caused by Ms. Baptistes breaches.
28
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1
2
PRAYER FOR RELIEF

WHEREFORE, Mr. Goguen respectfully prays for judgment and relief against
3 Ms. Baptiste as follows:

4
1.
A declaration that the Extorted Agreement is null, void, invalid, and unenforceable;
2.
Rescission of the Extorted Agreement;
3.
Return of the $10 million Ms. Baptiste extorted from Mr. Goguen;
4.
An award of actual damages in an amount to be proven at trial;
5.
An award of treble damages resulting from Ms. Baptistes violation of the
9 California Invasion of Privacy Act;

10
6.
An award of punitive damages;
11
7.
A restraining order enjoining Ms. Baptiste from harassing, intimidating, stalking,
12 threatening, or otherwise contacting Mr. Goguen;

13
8.
A restraining order enjoining Ms. Baptiste from further violations of the California
14 Invasion of Privacy Act;

15
9.
Destruction of all unlawful recordings;
16
10.
Reasonable costs and attorneys fees pursuant to applicable law;
17
11.
Pre and post-judgment interest as applicable; and
18
12.
Any other relief the Court deems just and appropriate.
19
20
REQUEST FOR JURY TRIAL

Mr. Goguen hereby requests a jury trial on all issues triable thereby.
21
22 DATED: March 21, 2016
Respectfully submitted,
23
24
25

By:
26
27
Diane M. Doolittle
Attorneys for Michael Goguen
28
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EXHIBIT A
1
2 DATE
3 3/25/02
4
5
6
7
8
9 5/03/02
10
11
5/23/02
12
13
14
15 6/14/02
16
17
18
19
20
21
22
23
24
25
26
EMAIL
Hi Mike
You are so sweet. I bet that you thought I had forgotten about you. I dropped my
computer and it is not working. I finally got to the internet cafe today. I can't wait to
see you again but it will most likely not be in April. I have a wedding and a family
reunion to attend. I will be leaving Dallas this friday to go home. I Have an offer to go
to New york at the end of April but I am still waiting for details. Otherwise I will be
returning to Dallas. So I am hoping to meet up with you sometime in May.I hope all is
well with you. Take care. Write soon or feel free to call anytime. (403) 617-3130.
xoxo
Amber
Hi Michael,
Where in the world are you today? What day are you coming to Dallas? How long
are you staying? I can't wait to see you
Good morning Michael
Hope you are having a wonderful day......If you get a chance call me this afternoon. I
love hearing your voice it seems to create so sort of a euphoria for me. You are such a
sweet man. I wish you were here with me right now. Miss you lots. Talk to you soon.
Forever Amber
All I know is that I went to work at baby dolls one night and stumbled across the path
of this amazing man.
I know that you probably feel ripped off that you spent all of this time trying too get me
to give in to all of these wonderful emotions that I was feeling that I had never felt
before. But I am so proud of myself for resisting the biggest temptation ever. I can
picture in my mind the kind of lovers the we would be. {the sheet siring sex for days on
end barely come up for air kind} Which would fulfill all of my desires for those few
days but afterward I would have felt like I failed. . . . So I believe that you were the
angel that was sent to show me not to give up that I will find the perfect lover one day.
I want you to fully understand the significance of what you brought to my life
Michael I can only hope that you can grasp my realm of thinking and see how you
helped me. I also hope that I might have brought something to you that will also help
you achieve your ultimate happiness.
Michael if I were to never see your beautiful smiling face again know that you gave me
something so special in a time that I really needed it. No matter where I go or where
my path in life takes me a piece of you will go with me.
Love Forever
Amber
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Case No. CIV 537691

1 DATE
6/12/03
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Dearest Michael,
Could you be any sweeter. I always thought I was the luckiest girl in the world to have
some one like you in my life. . . .
Love Forever
Amber
9 4/30/04
How is my favorite Prince doing. I am missing you like crazy.
4/6/04
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10 million kisses form me to you

But spread them out to all the special places.
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I really enjoyed our night.
Thank you for being such an amazing friend to me in every way. You have this
incredible ability to bring the super happy feeling to all of my senses.
Just the few hours that we spend gives me the greatest sensation.
It was just a really exhausting night. Never the less I had a wonderful time. I had a card
to give you. But I forgot. Basically thank you for always being so sweet. Write soon.
Anyways Michael I just want you to know what a special place you hold in my heart.
You never cease to amaze me with your personality your kindness you gentle touch.
With all the life changes I have been going through since my accident I have been
getting rid of the old and in with the new. But you are forever. I hope we never ever
lose touch. Our friendship has been one of a kind since the first day when you guessed
my name. There is something interesting every time we get together. Whether your
having a nap on my blow up bed or I am lost in a tyrannical down pour trying to find
your hotel. The landing gear won't come down on your plane. The lights are out in
Toronto. I am getting sick on two glasses of wine. But it always ends up being a great
time from the moment your brown eyes meet mine when you open the door. I thank
you for so many great times. You always make me feel super sexy. It is so hard to hold
back sometimes. It is very important to me that you know how special you are to me
and that I would never do anything to upset you or the equilibrium in your life. I know
sometimes you are scared I might drop your name or show a picture. But never in a
million years would I do anything to jeopardize our friendship. I trust you with my life
which I honestly can count on one hand how many others I trust like that. You can trust
me the same. I would do anything for you. I think it is so neat that we have become so
close but yet really know so little. I am the girl who shows up with the little over night
bag and you the guy who kisses me goodbye in the morning. I always leave on cloud 9.
If I end up living here you will have to make sure you make some new business
ventures over here so we won't miss any meetings. Every time I see you I look more
forward to seeing you again. You are such a breath of fresh air. I don't think you even
realize. Last time was by far my favorite to date. Just talking and and listening and
sharing with you stimulates everyone of my senses. Then there is all the sexy stuff that
completely sent me over the edge. I love that we have grown to care for and trust one
another to share each other so completely. I can't wait till I am twenty five. Just 455
days away. I feel I can share all the sexy stuff in the world with you. I am not shy with
you in the least. I only hope you enjoy our time together as much as I do.
Prince charming. I can't wait to see you. Just a few more days. I arrive on Wednesday
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at 2:30 and leave Friday morning. I hope you had a wonderful weekend. I travelled to
white plains today to visit the Buddhist Temple. I love it up there it is very beautiful
and serene. I am counting the minuets until we meet.
10 kisses from me to you
Love Forever Amber
Prince Charming
I had such a nice time with you. Thank you for coming back to see me before you left.
I am sorry you can't make it to see me next week. But hopefully we will meet again
soon. But I will meet you in my dreams. Sometimes I have sexy dreams of us together.
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I am almost 25. I am almost ready. There is a passion and eroticism inside of me that is
ready to be opened up. And I would be honored to share it with you. Since we have
taken all of these baby steps together. I could not share my body with someone who
adored me less. I think it will be phenomenal for both you and I. So this is what I think
should happen. I want to remain in Canada and do all my humanitarian work with kids
and animals among other things. I want to take language courses cooking classes learn
a martial art attend yoga class paint horse back ride among many other things. I want a
life of peace and balance. I know if given the chance I will do great things. I have so
many goals and dreams that I want to see through. You don't have time to do volunteer
work so you can do it through me.
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So you my dear hold the keys to our sexual connection which I believe once opened up
and done right will be amazing for both of us. I want to be open with no holds to
experience something maybe neither one of us has felt before. You also hold the keys
to my freedom from stripping. As long as I am doing that job I will be resilient about
sex. For some reason I seem to connect it all and it causes me to close up sexually. So I
propose this You provide me freedom from stripping which equals bliss for me. And I
become your mistress and you my secret intimate partner. I can come see you on your
trips and make you the happiest man alive. Then I can spend my time creating great
things for myself and for humanity. I think its perfect so clearly it must be.
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Write soon
I miss your kisses already
forever Amber
You know Michael I really do miss seeing you and talking with you. It has almost been
6 full months since I last seen you. I hope you are well. And I would love to know
more on what is happening in you world. I miss you and want to see you soon. Any
place that you might be traveling to in the U.S is no more than a 5 hour flight for me.
So see what your schedule is and see if we can't somehow get together. I miss you and
hope to see you soon.
Forever Amber
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Case No. CIV 537691

1 DATE
2/11/07
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Dear Michael
How are you? Where are you? I will be traveling to Dallas again soon. I have to return
to immigration. I was Hoping to arrive when you will be there. Is this possible? I would
really love to see you. I am missing our friendship very much. Hope fully we will meet
again soon.
XOXO
Forever Amber
I must write you this letter to tell you exactly how special you are to my life. Your
friendship means the world to me. I have traveled a lot and met a lot of people. I only
enjoy who I enjoy and I enjoy them for different reasons. You became very special to
my heart and guided me even if you did not realize you were doing so. I only keep a
handful of very special people in my life.
I would very much like to see you again. It has been far too long. It is so true absence
makes the heart grow fonder. I adore you so very much. And enjoyed our times
together immensely. I understand why you have stayed away. But I want you to know
that the things between us will always stay only between us.
You have married and I understand if you think that it is best we no longer see one
another, But I would like if we were to be the passion of each others lives. I will never
tell anyone. Even if we were to run into one another I would not say anything.
I want to put in the application to be your forever dream girl Your muse and mistress, It
is a giant turn on to me to have a secret rendezvouses with you. For some reason you
are connected to my heart on so many levels. So if you are still sexy sweet and clean. I
would like to continue where we left off.
I want to reiterate to you that no matter what past present and future you can trust me.
I feel your hesitation when I see you. And I fully understand that in this day and age its
hard to trust anybody. There are so many things that factor into the decisions that we
make in life. I don't know what I can say or do to cultivate your full trust in me that I
would never do any thing tho harm you or invade your privacy. I feel that I can trust
you know matter what and I want you to feel the same.
I believe that you can never ask anything of more of someone than they are willing to
give emotionally mentally or physically.
You gained my trust by just being you and I feel as if I can tell you everything and be
myself with you.
You gained my full trust because when ever I came to see you you always respected
my decisions with that I was comfortable sexually and never pushed me to do more
than I wanted to and now I am ready to do more and I hope you are there for that as
well.
I have no explanation for my adoration of you and the appreciation of the time we
spend together other than that it it is something that we both want, need and enjoy.
We talk and make love and it is fabulous. I am very happy that I feel so comfortable
with you to talk about my life and my adventures and have never felt that you are
Case No. CIV 537691
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judging.
3 7/31/09
Prince Charming
Thank you for the wonderful night

I think I am still dizzy.
There is something very special about you.
I can't quite put my finger on it but it affects my brain chemicals.
Just know that no matter what for this whole life time and probably the next 7 lifetimes
you are loved and adored so very much.
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Until next time

Kisses and smiles from me to you
And next time you see me please remind me to start to show you how It feels to move
energy Thru the body so that we can start to do some tantra. I have only every done
white tantric which is not sexual but almost feels very orgasmic to me. So red tantra
should be amazing. It seems though when I see you I get very dizzy so I forgot last
time. And please find out the exact time of day that you were born and I can work on
your chart. I will need The Month Day Year time of day and the city and if it was a
really small town the closest major city so I can see it on the grid.
1 million kisses from me to you.

Love forever
Amber
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10/14/09 You know my brain operates much better when I see you once every month. I know
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you have all the these other things going on but You know your wives and girlfriends
and and little girls, I am sure I adore you as much as they do I just don't requiring
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seeing you as often as they do. But I still like to see you. but sometimes you forget and
then don't see me for one whole year.
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Ok one thousand kisses from me to you.
XOXO
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So this brings me to Dallas. It was actually an accident how I ended up there. I had met
1/8/10
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a girl who had been working in Houston. She told me it was good that the clubs were
nice ect ect. So I thought that I could go there. Somehow when I flew to St Croix I flew
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threw Houston so I expected the same on the return. But I was routed through Dallas. I
arrived Dallas with the plan that I would go to Houston the next day.
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I went to a hotel and I asked the taxi driver to take me to a strip club. So he took me to
the mens club. I spoke with the manager and he said he would like to hire me but I
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needed a USA visa. He suggested that I go to baby dolls. So I did. I started working
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there. A few weeks later was when I met you. I remember it so very clearly I remember
what you were drinking what you were wearing what I was wearing. I remember I went
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back to my hotel after work and I called you. And I think that the whole thing began
because you called me when I was back in Canada before I decided to move to Dallas.
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And you were so sweet.
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I guess because I enjoy our time together so much I would go anywhere to see you and
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I am happy to do anything for you. I dont think its ever been that easy because you are
Case No. CIV 537691
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always involved with another girl so I am the other women or the other other women
which I have never been. I think that I adore you so much and you are so sweet with
me that it over rides the other women part in my mind. I guess sometimes I just dont
like that I cant just call you up and talk to you whenever I want. And the one part that
makes me happy is that even though you have been in these different relationships I get
to see you over a period of time that now spans nearly a decade. I have never been
upset with you and you have never yelled at me so I am happy with the situation. And I
hope you are happy with it as well.
I dont really know what happened exactly but I thought about it from a moral
standpoint and I dont think any body is getting hurt or ever has. I really adore you and
care for you and love you. I guess differently than I would love my husband but I dont
know because I have never had a husband. I guess there is no love gradient it just is
what it is and I feel what I feel. And somehow my heart got connected to yours a long
time ago.
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My Sweet Sweet Sunshine
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I had a dream about you last night. So yummy and delightful. Then I got up and played
with my toys.
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So Tantric we are going to start trying it out as soon and you learn how to transfer
energy. Supposedly sexual energy is the most powerful one. I understand how it works
but I can only imagine what a red tantric experience would be like. Because I have
never tried. From what I understand its different from regular sex. It is the sensation of
two bodies becoming one. The orgasmic feeling is held for a long period of time. This
is done thru breath and meditation and some different techniques. However you have to
know the basics first. It will not happen in a day. But I am sure you will be glad you
learned such a practice.
My Dearest Darling
I miss you very much already and it has not been two moths yet since the last time I
seen you.
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Case No. CIV 537691

1 DATE
7/5/10
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Love Forever
Amber
1 million kisses from me to you
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My Dearest Darling
Let me start with saying I want you to know always and forever that I truly love you
mind body and soul from the bottom of my heart. I think of you often and I do know
when you think of me. It is the most pleasant sensation that washes over me. I can be in
the middle of doing anything and it feels as if you just kissed my face.
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My Dearest darling
I hope you had a wonderful weekend and were able to relax a little. I miss you very
much and I am very excited that I will be seeing you soon kissing you and touching
you soon. Only a couple of more weeks.
I am as always busy with my yoga and all my projects. I am wondering if you are
hoping that I become an entrepreneur in the next while? If that is the case I had better
start on some project full-time. I don't ever want you to be disappointed in me.
I really can't wait to see you again. So please let me know exactly which dates are good
for you and where I will be coming to see you and I will make the arrangements.
9/17/10
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My Dearest Darling
I miss you so very much. I am counting the days until we meet again. I am in NYC
now. I will remain here until the 29th with my girlfriends. It is a delightful time of the
year in the city.I plan to travel by train next week after the conference to Boston.
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I looked at the calendar Thursday the 7th of october may not be the best day. I plan to
make love to you all night. There will be no game of checkers:) I should expect to start
my period on the 6th of October. If at all possible could I come to see you on the
Monday of the same week. If that does not work please let me know which day will.
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I will make the arrangements and see you next week.

I can't wait to kiss you ... and feel your breath on my body.
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Love Forever Amber

23 10/16/10 I want you to be very very happy in your life. I do not ever want you to experience and
sort of stress or emotional discontent. I dont ever want you to feel like there is not
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enough love in the world for you. If you do, all you have to do is lay next to me and
that idea will be put to death. There are exponentially boundless amounts of love
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flowing from my heart to yours.
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I am here for you no matter what today tomorrow and forever. I want love and
happiness and contentment all around you.
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You are of course going to carry some of this mistrust with you if people are constantly
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coming at you with every investment scheme which I am sure there have been a
Case No. CIV 537691
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million. It can become difficult to see a persons true intentions. If the women in your
life have not been completely supportive of you, you will have some left over hurt from
that. I am beseechingly requesting you to just leave all of that to the side with me.
My Heart is very protective of you. Not in a jealous sort of way. However my heart
would hurt very badly if somebody hurt you.
I enjoy you on so many levels. . . . . You are imprinted in my heart and in my soul. You
always will be.
Never ever let me be a moment of stress or discontentment to you. I only want you to
feel delight with me. Know that no matter what I am always here for you. You can
always count on me and I will never ever betray you.
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Beautiful Michael
You look more and more beautiful every time I look at you.
...
I miss you very much my dearest Darling.
I think about you often.
I pray about your life and hope that everything works out perfectly.
I pray that you are always protected and always content.
I hope you know and understand that I love you very very much and always will.
...
I feel very very happy when I see you and feel you and interact with you. So of course
my heart wants it to grow and grow. And then you are gone.
It used to be easier I would not miss you immediately. This last time was the worst.
The second day after I seen you I was crying a bit in the morning and then a lot in the
afternoon and in hysterics by the evening. This went on for three days. I hate crying.
2/10/11
The best part is that we did find each other no matter how brief our moments together
were we found one another. What I feel for you is real and it is forever. Some people
live there whole lives and never find someone they love that much.
I am all finished my studied mid April. I like California I am tied to nothing here so I
could move to the countryside and have a goat, a duck, a swan and a horse. A quiet life
is what I prefer. Next weekend is my annual tea party in Palm Springs. I told you about
the lady she has been my friend since I was 4 years old. I am delighted at the idea of
sitting down to talk to her. She must be nearly 80. She called last week to set the date. I
had planned to go to San Francisco for the day on the mon the14th for the womens
symposium but I dont think I will go. We will see. I have school all weekend this
weekend.
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Case No. CIV 537691

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3/9/11
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You are so adorable. I always try to save your sweet voice mails. I play them when I
miss you. I have not had any for a long time because you had never left one since I
bought the new handset. Now I have the one you left today
I melt to pieces when I hear your sweet voice. I hope to talk to you by phone soon.
You should never have a sad moment because as soon as you feel sad you can just got
to the place in your heart where you know a girl in the world loves you with all of her
heart.
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Forever Amber
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I miss you so Much. My Body Misses you so Much. I love you so Much. Hope you are
well. Write me or call me soon.
Forever Amber
4/21/11
I cant go to see you and make love to you and have you just walk out of my life one
more time. I never liked it. But it became increasingly harder. If we were to continue to
see one another we are going to become closer and closer. Eventually my heart would
break into a million pieces. At that point I would not be able to fix my heart. I would
end up never ever speaking to another man again and would have no hope of ever
falling in love.
This is probably why the universe gave me to you. I am here to help. Besides. It is a
fair exchange. If you werent helping me with my own life. I could have married a man
I didnt love because I didnt have enough money for my life. I could be standing on a
stage having coins thrown at me. I could have moved to a homeless shelter eventually.
Any number of bad things could have happened. Because of you I have a safe happy
life.
Love Forever
Amber
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Case No. CIV 537691

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5/13/11
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I am so happy and peaceful when my daydreams take me away to being in your arms.
Your kiss your breath.
My beautiful love you can always call me about any matter. You can always come to
see me if you need beautiful energy around you or love around you. I will always be
someplace in the world that you may find me. My love for you is forever. If you ever
decided that your love for me is strong enough you can come to me and I will be by
your side forever.
I love you so very much. No matter what I just want your life to be the happiest it can
be. With your children, your relationships, your health and your career. You are
absolutely the most amazing man I have ever met. Even when I feel really bad in my
heart in the most kind and innocent way you make me feel a million times better. Your
manner is so sweet and delicate.
Sweet dreams to you my love.
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Forever Amber
12 5/18/11
I miss you very much. But am so glad to hear you are doing well. There is no end to the
amount of words that I could write to you........ the amount of kisses I could give
you......... or the amount of love I have in my heart for you.
Rest Well
Love Forever Amber
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Beautiful Love
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Here are some photos. I hope you found some of pictures of beautiful you to send me.
(you are the most beautiful man in the world to me) I printed my favorite picture of
you and keep it locked away with my notebooks. I look at it when I miss you and get
very happy. You have a very angelic presence about you.
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I miss you
Love Forever Amber
This affair has been going on for 9.5 years. I do not regret any of it. I enjoy every
moment with you immensely.
My issue is I barely have any moments with you.
I have a no win situation here. I love you. If I do not see you my heart misses you. If I
do see you then I go home in a heap of my own emotions and miss you more. You do
not have a no win situation. You have a wife that must be great otherwise you would
not have married her. If you arent happy with that you have me who loves you very
much. I told you I would take care of you and help you with anything in your life.
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Case No. CIV 537691

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9/1/2011 I sometimes feel this overwhelming sense of peace when I know that you are thinking
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about me. Sometimes I have some strange sexual sensations. Sometimes I become
really agitated and sad I assume this is when you are sad. I am not positive that that is
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what is happening but I have no other premise upon which I can base the fact that I can
be in the middle of say having lunch with a friend and suddenly I am washed over with
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this sensation out of nowhere.
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What an honor it is to be your wife and lover and an even bigger honor to be the the
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mother of your children and experience the joy of raising them.
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You not only owe it to your self and the kids for them to turn out exceedingly well but
you owe it to me because in essence I get to spend my whole life on this planet with out
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the man I truly love with all of my heart. So if they did not turn out well I would be
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extra extra sad.
That which flows between you and I is really very interesting. Its mystical and magical
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and very intense. Long after you leave my physical line of sight I still see and feel you
on a more subtle level.
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I believe there is an entire reservoir of love and sexuality between us that has yet to
have been tapped into. I believe there is such thing as a soul that vibrates at the same
frequency so such types of communication are possible. Finding that person and not
sharing a life with them is a very difficult concept to grasp. What I believe and what
reality is could be two very different things.
I appreciate the things you do to take care of me. It helps my life immensely I give my
time to others which helps the world and that is good for me and for you and for others.
I hope that you can find a way to see me before my departure. I will be teaching at an
event and then depart for Texas the night of the 14th.
I am happy that you are doing well other than your shoulder. I wish I was there to be
your doctor. I hope to see a new picture of you soon.
I love you so very much.
Forever Amber
22 10/28/11 Beautiful Lover

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Thank you so much for the other night. You are as lovely as ever. Each and every
moment we spend together is so special and perfectly stored away in my memory bank
forever and ever. You taste so delicious and fit perfectly inside me like a puzzle. Every
single touch imprints onto my memory. When I think about it I want you right here
beside me. I wanted to make love to you one more time in the morning but you were up
and gone so quickly we didnt have the chance.
I will miss you while I am on the other side of the world. However I am with you in
your heart as I have always been as will always be. Even if we arent near each other
often you are one of my very best friends and my forever love. I could never forget one
Case No. CIV 537691
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moment with you. I love you so much more than you realize. You can count on me for
anything.
10/28/11 Ok My love I will close for now. Seriously you are just so delightful and you are a
really awesome human being. You have so much to do still in your life and many great
accomplishments to achieve. You always make me laugh. Thank you for sharing the
cutest story about your parents. The eye witnesses. So priceless. That is one of the
things that I love about you. I mean you tell me these things with such a sweetness.
You told me a story once of a coyote and a guy and the two of you alone in the woods.
It was hysterical.
I love you so very much!!!!!! Thank you so much for being in my life!!!! Our
interaction holds such a special place in my heart. So remember this. If you are sad I
feel sad. So your job is to get everything in order and be filled with super happy
feelings by the time I get back. I love you I love YouI could never even make
love to you enough times to show you how special you are to me.
5/30/12
I want to see you more than I want to do anything else in the world. However I will just
fill my days with 100 other preoccupations. You will continue to fill the void with new
companies new buildings new children and I will continue to discover the sights of the
world to fill the void in my heart. As far as I am concerned 3742 days that we could
have been happy together have already been squandered away. All I know is that I love
you very much and always will.
7/9/12
I feel so very honored to share the experiences that we have shared. I hope that we have
the chance to experience many things together this lifetime.I want you to experience to
complete love of a woman.
There are so many things that I want to show you. I think your life will be completely
different. You will see what I see. I am very sure that you are capable.
Secondly you must realize that I do not come to you for money. I come to you because
I am wanting to have an experience with you. We have something that we are supposed
to experience together. We have great work to do together this life. Every derivation of
you and I is love every component of you and I is love. It is undeniable. We love one
another. We do not even have to be near one another and the love travels.
I am not a difficult person. I can be stubborn. I feel that I always have good reason for
my stubbornness. If I feel caged or I feel a situation is not right for me I will not budge
an inch.
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0581400002/7804543.1
10/16/12 Baby I love you so much... I do not want you to feel sad ever. I really just wanted to
love you and spend time with you. I never wanted either of us to feel bad even for one
26
second. I never meant to imply that I was giving you an ultimatum. I said it is going to
be impossible to maintain both of these situations forever. Some days I feel so sad
27
because I never ever know when I am going to see you. I do not like you being so far
28
away from me. I love every part of you and I only ever want to add happiness to your
Case No. CIV 537691
12
-GOGUENS FIRST AMENDED CROSS-COMPLAINT
1 DATE
2
3
EMAIL
life. I never wanted to talk about any of these uncomfortable things. I can at times be
quite unreasonable in thinking because I feel there is a better way of doing things the
world should be doing it that way. I feel like we love each other so very much there is
no sense in us being apart.
4
5
6
7
8
9
10
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12
10/30/12 I am quite interested in exploring my sexuality and I would like to discover all of this
with you. If you are not available for this I understand. I know that I love you and that I
feel really really good when I am with you. I feel all matters of erotica bursting inside
of me. I want to absorb every bit of magic involved. I want to share everything that is
inside of me with you.I believe that we have the maximum capacity to receive please
together. I feel lucky to have found someone that I am sexually compatible with on the
first try.
I have a fear that I will never love anybody as much as I love you and my heart will go
unfulfilled.
I have a fear that i would be leaving before we ever had the chance to truly experience
one anthers love. I have a fear that i will marry one of the pathological narcissists and
then you will call and tell me that you love me.
13 11/30/12 My Dearest Darling

I am at a total loss. I thought that you had wanted to see me defore I departed. Perhaps
14
you just have a busy month with the holiday season upon us. I was so looking forward
to seeing you. I have a present for you and wanted to share a night with you. You are
15
my forever love. I don't like when you are so far away from my heart, There are so
16
many things that I want to share with you. I am full of desire for you.
17
I still want you to take the time to think about you... then think about you and me and
us. I want us to feel the essence of our beings together. I have zero desires at this time
18
copulate with anyone other that yourself. You are my forever love.
19
We have reached a time and point to experience us. I would love to experience the
20
feeling of loving you and touching you and making love to you any time I want. I
would like you to actually know me and feel me and to know the inside and outside of
21
my being. I do not want to waste anymore time. Do you really want 33 years to go by
and only to have imagined what it would have been like to actually know one another. I
22
love you. Nothing about you bothers me. You are perfect to me. I know because I
know. I see things that you do not see. When I feel you I feel a whole different side of
23
me.
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0581400002/7804543.1
13
--
Case No. CIV 537691

1 DATE
1/15/13
2
3
4
5
6
7
8
EMAIL
Where you and I are running into a problem is I love you so much. I still love spending
time with you. I still love every kiss you place on my body. I still love the inside of you
with every fiber of my being. I guess you can not see that I love you.
I have a hard time understanding why you think that anywhere inside of me is a place
that would ever hurt you. Even if someone hurts me very badly and is completely out
of line in doing so I would make no attempt to hurt them back. In 12 years have you
every heard me speak in any manner that would lead you to believe that I am capable
of causing harm or injury to you? It is almost offensive. I go so far out of my way to
help everyone. Even people that I do not want to help. Even if you for some reason
decided you hated me and brought great harm upon my life I still would not hurt you. I
would feel only that it was meant to be and that what happened is between you and
something greater in the universe that you have to work out with the universe. I would
not feel that it was between you and I.
9
10
1/15/13
This has been going on my entire adult life. I have always loved you. From the very
first time I ever seen you. Love was already built in. Happiness was already there every
time I seen you smile. I had no ability to foresee our future or where we would be at
today. Michael I do not want ton abandon you I do not want you to think that I do not
love you. I absolutely do. I can remember every single solitary detail of the first day we
met and the first time I came to see you. I was always so happy to see you. I never
went to see you because I was a prostitute and wanted to earn money.
I did not even really understand all of that stuff yet. I could not have been in Dallas for
very long when I met you. I arrived in late February and I met you within a couple of
days of your birthday. I must have been there only a couple of weeks. The situation in
that place was completely different from anyplace I had ever been in.
I never ever thought that that is how you looked at me.
I am not angry about anything at all. I am still happy that we shared every single
second that we shared. I am so very grateful for your presence in my life. If I had my
choice I would never have let you go from the first day I met you.
6/9/13
Beautiful love...
Can you drive over here with your airplane tomorrow to see me? You don't have to stay
overnight. You can go back home. It only takes 40 min for you to arrive here. I can
meet you near the burbank airport. They have hotels over there. I seen them when I go
to the airport to fly to see you. I never go to burbank so I do not know much about it. I
can find out. I wanted to see you before I leave.
6/25/13
The frequency in my brain that is hooked up to you is different. It is more consistent. I

can actually feel if you are closer or further away from me in proximity. This is one of
the reasons I have really fought the rest of my emotions to try and maintain our
relationship. There is something between us that is not the normal frequency. It
operates from the inside. Not thru speech or normal methods of communication.
I do not know why it is there however it exists. I think it will help the world a lot.
I have this plan. That later as more information downloads to my brain I will give you
the information and you will give the information to the world. I do not like any
exposure. Because I am the way I am. And I have this heightened sensory system I do
Case No. CIV 537691
14
--
11
12
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0581400002/7804543.1
1 DATE
2
3
EMAIL
not have any desire to be in the public eye. I mostly like to be very quite and do the
work that I do. I can be very talkative but other times I do very solitary projects. I think
better that way. I think you should be the president and I am going to give you all of
the information that you require.
4
The frequency that I know exists between you and I has become stronger over time. I
am able to see and feel more.
Do not ever think that I have ever felt you were a horrible person. I have never ever
thought that
5
6
7
8
7/15/13
My Sweetest Love
9
Are you going to call me soon? Or ever to talk to me about this. I understand you are
busy. However I am really really upset and I am not likely to feel better until you talk
to me about us.
10
11
12 7/17/13
13
14
15
16
17
18
19
20
21
22
23
Yes I am upset very upset more upset than I have ever been. I do not like being so
upset it feels like I am stuck in cement. Something is going on somewhere with
someone that I love that is out of alignment. I have been thru this before in my life.
Where I am insistent there is a problem and nobody listens to me.
For some reason you are unable or unwilling to see the facts that I am presenting to
you. Fine.... I do not mind. We can not change what has already happened anyways.
We can only change the future. Something is not right at the moment. I do not know
what it is if I could see you I would be able to see more specifically. I will try to look at
my screen later. I really do not feel like it right now because I do not want to see
anything that is going to upset me even more.
If you love me you have to think of me also. You can ask yourself this question would
you still love me the same if I had imposed all of this upon us???????????? I did not
put a wedge between us I have waited more than a decade just to share one day that is
all about you and I and our love. I have yet to see that one uninterrupted day that is all
about Michael and Amber. I love you and I guess I never want to lose you I try my
best.
The universe put us together for specific reasons one so that we could understand
unconditional love.
24
25
26
7/27/13
Beautiful Love
Our love is once in a lifetime, There a connection of love that defies explanation. This
relationship has a connection that goes beyond this life time. I hope you are receiving
the love I send you everyday.
27
28
0581400002/7804543.1
15
--
Case No. CIV 537691

1 Email Excerpt Sent By Mr. Goguen to Ms. Baptiste ending the relationship:
2 DATE
3 10/3/13
4
5
6
7
8
9
10
EMAIL
Sorry I haven't had time to connect by phone since I got back from my hunting trip, nor
have I had time to get back to your long text messages.
I've told you repeatedly in the past that your "radar" about [my wife] is 100% off-kilter,
and therefore I didn't want to keep hearing your accusations. I love [my wife] and all
my children very much, and I'm very happy raising my family just the way it is.
I don't exactly know where to go from here in the Michael-Amber story. I don't like
you to feel negative or judgemental emotions about others that I think are beneath the
high quality of your character, nor do I want you to feel the continued unhappiness that
seems inherent in our situation. On the other hand, I don't want to have to associate any
thought or interaction I have with you, with the bad feelings that are brought on by
your constant comments and judgements about my home situation.
It may take a clean break for a few years, but I hope we can eventually end up in a
place where there are only positive thoughts, feelings, and positive communication
between us. In the meantime, I hope you can focus all of the intense love and positive
energy in your heart on making the lives of little girls in need better, happier, and more
filled with love and security.
11
12
13
14
15
Email Excerpt Sent By Ms. Baptiste to Mr. Goguen in response:
16
DATE
17 10/4/13
18
19
20
21
22
23
24
25
26
EMAIL
My most beautiful love
My heart is broken
..
I feel like there is not one thing that a woman could offer you that I didn't offer you.
All of these years together and there is such a barrier. I truly do love you. I do Michael.
There are different layers of a human being. The part where all of this exsists between
us brings me great joy and it brings me the greatest sadness I have ever felt. And the
greatest sadness comes When after all that I tried for and fought for And you sit in
front of me and tell me I am the same as a women who has lived her life completely
different than I have lived mine.
I am not willing to live in LA at all anymore. I am not willing to take any chance that I
will run into your wife. Hopefully she will not start rolling out red carpets for herself in
NYC. It would be to much. I told you that if you are happy then I am happy but don't
mix the energy field. It is like poison for my being. She and I are different.
27
28
0581400002/7804543.1
16
--
Case No. CIV 537691

EXHIBIT D
JERICO ANDREW GILBREATH

AMBER LAUREL BAPTISTE
ontf !lttof.t tf~ rrl ~rn ,,, o5c cftrtojiM CtyCourt of1>;4C.(JIS COV.N'I'Y.
tl'iln 'l'J{To/17l' tfays lfurroJur m tif:Ji1ttJyoraclio untfu IIii firm<t.
Wl'1"'l:SS rrry o1Jk'i4fsis""'"" ontfsra('If oJfict ot ".Jft<t r...-attJ"in

l>rJITas, 'Tqps, lliis JJrli tftsy of~\'inrm6tr 2001 /!.<D. ..At OJ:J2oi"..\l.
i;J, D..u-1<, ffl:.t "'lhll~ CoHiti.V

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~ - ,.,,. ... *"'*

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I outlled In ,. ,rurl<tp c1se ,...,.,.,

WITN..,....,.,,......,....
~6 !,.. ./l"q-~~-. . . .~~~~

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fJtr~ftk nrt t\doin-
Caunty~hllamitgc ::;}~..,,;;'------------
GOG002579
~'\!!IE OF iiALE:
DATE OF BIRTH:
JERICO ANDREW GILBREATH
MAY ot,1t79
PLACE OF BIRTH: SACREMENTO, ROSEVILLE, CALIFORNIA
NAME OF FE."AALE: AMBER LAUREL BAPTISTE

DATE OF BiRTH:
OCTOBER 18,1ta0
PLACE OF BIRTH: EDMONTON, ALBERTA, CANADA
1. l11is license expires at the end ofthe 3061 day immediale/y fbl/owillfllhe dale U~<t /icttnse W<tS ~
lftJ:e mlllli- ceromony h#s nol been conducted within that petiod (rexas Family COO., Sec. 1.31(/1
2. The mniage cemmony may not toke place during the 12.flcurperlod lmmedlelely ~the
isuance <oftho mlllliage liconse unle..: (a) an eppli<:ant is e membotoltlle aimed forl:n of tile
United Slates and is on acti>'tJ duty; or (b) an applicant obidins an rxri&ro/e ~strict COIJII or
'OUtlly cowl allow with family lav jutisdH:Iion. (l'sxos Femily Codtt, Sec. 1.112/
3. By my $!gnalur.ll a/firm tllet printed matetislsllbout acquimd inlmtJne doli$ncy s)'ndnlme (AIDS}
and human immunodeficiency virus (HI\1) pre{N.red IJy t~ Texu ~of He<lllh n ~by
S&elion 3, Chapter 1195. Subseclion (o}. Soc. 1.07, Acts olt/lo 71st Loglslelln, RoguqrSa:ss/oo, 1W
ware distribUted to each appHcant.
DISrntBUTED ;.No ISSUED ON;
NOVEMBER 15, 2002 AT 03:32PM
HONORABLE l~~ULLOCK, COUNTY~.LERK,

DALLAS COUN /
.1
n Jl
C~-1.: '-1 t.IJk ~
ay
~~"~t44rrcon
~
NO\/(;;,
~lkl)lmV :'. ! ..
,Deputy
)la>_ _
LUvs
_,JllD _ _
.JUJ\1"
0)1
____, 1/)q;.:~y
:Kotuxdu'&rf0ulli, County CUt(
AFTER RECORDING RETURN UC~NSI! TO:
MR AND MRS JERICO ANDREW GIUJRiiATH

4D4D SPRING VALLEV
APT.Z11A
FARMERS BRANCH, T}( 7UU.
GOG002580
EXHIBIT E
1
2
3

John B. Quinn (Bar No. 90378)
johnquinn@quinnemanueI.com
Bruce E. Van Dalsem (Bar No. 124128)
i'T'
865 S. Figueroa St., 10th Floor
SAN .V.ATEO COUNTY
Los Angeles, California 90017-2543
Telephone:
(213) 443-3000
JUL 0 7 2016
Facsimile:
(213) 443-3100
A
4
5
6
7
8
9
10
11
Clerk of the Superior Court
Diane M. Doolittle (Bar No. 142046)

By KARl AST. PIERRE
DEPUTT CLERK
dianedoolittle@quinnemanuel.com
Kate Makhzoumi (Bar No. 286116)
katemakhzoumi@quinnemanuel.com
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
Telephone: (650) 801-5000
Facsimile:
(650) 801-5100
Attorneys for Defendant/Cross-Complainant Michael L. Goguen
12
13
14
FILED
COUNTY OF SAN MATEO

CASE NO. CIV 16-537691
15
Plaintiff,
16
17
vs.
18 MICHAEL GOGUEN and DOES 1 through

100 inclusive.
19
Defendants.
DECLARATION OF DIANE BOBIC

ANDREWS IN SUPPORT OF
DEFENDANT/CROSS-COMPLAINANT
MICHAEL GOGUENS MOTION TO
QUASH OR MODIFY THE SUBPOENA
SERVED ON NON-PARTY SEQUOIA
CAPITAL AND FOR A PROTECTIVE
ORDER
20
21
MICHAEL GOGUEN,
22
Cross-Complainant,
Hearing Date: July 14, 2016

Time:
9 am
Dept.:
LM
23
Complaint Filed: March 8, 2016

Trial Date:
None Set
vs.
24
25
26
AMBER LAUREL BAPTISTE, and ROES 1

10, inclusive,
Cross-Defendants.
[Signed Via Facsimile]
27
28
Case No. CIV 16-537691
DECLARATION OF DIANE BOBIC ANDREWS
ISO REPLY TO MOTION TO OUASH SUBPOENA TO SEOUOIA CAPITAL
EXHIBIT F
MC-051
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, slate bar number, and address):
PATR1ClA L. GLASER- State Bar No. 55668

G.JILL BASINGER- State Bar No. 195739
GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO LLP
l 0250 Constellation Boulevard, 19th Floor Los Angeles, CA 90067
F~ No.: (310)556-2920
TELEPHONE NO.: ~3I O~ SS3-3000
ATTORNEY FOR (Name): AT11beT' I.1UT'el B1 t1 Ste
NAME OF COURT:
STREET ADDRESS:
SUpP.r1OT COUI~ Of Ca111OI~llla~
County of San Mateo
4OO COUllty CE17ter
MAILING ADDRESS:
CA 94063
CITY AND ZIP CODE'.
ReUW
y OOd Clty, L
BRANCH NAME:
SOUtllf'.rll Br[1I1C11
CASE NUMBER:
CASE NAME:
CIV 537691
Amber Laurel Ba tiste v. Michael Lewis Go uen

HEARING DATE:
JU~y GS A ZO16
DEPT.: LM
NOTICE OF MOTION AND MOTION

TO BE RELIEVED AS
COUNSELCIVIL
TIME: 9:00 a.11l.
BEFORE HON.:
DATE ACTION FILED: M~1PCI1 S, ZOIE)
TRIAL DATE:
M1
I ~ Z O L ~I
TO (name and address of client): Amber Laurel Baptiste

1. PLEASE TAKE NOTICE that(name of withdrawing attorney): Glaser, Weil, Fink, AvChen, Howard &Shapiro, LLP
moves under California Code of Civil Procedure section 284(2) and California Rules of Court, rule 3.1362, for an order permitting
the attorney to be relieved as attorney of record in this action or proceeding.
2. A hearing on this motion to be relieved as counsel will be held as follows:
a.
Date: July 25, 2016
b. The address of the court:
Time: 9:00 a.m.

0
same as noted above
Dept.: LM
Room:
0 other (specify):
3. This motion is supported by the accompanying declaration, the papers and records filed in this action or proceeding, and
the following additional documents or evidence (specify):
Memorandum of Points and Authorities in Support of Motion to Be Relieved
(This motion does not need to be accompanied by a memorandum of points and authorities. Cal. Rules of Court, rule 3.1362.)
The client presently represented by the attorney is
a. 0 an individual.
b.0a corporation.
c.0a partnership.
d. ~ an unincorporated association.
e. ~ a guardian.
f. ~ a conservator.
g. ~ a trustee.
h. ~ a personal representative.
i. 0a probate fiduciary.
j. ~ a guardian ad litem.
k. 0other (specify):
(Continued on reverse)
Form Adopted for Mandatory Use
Judicial Council of California
MC-051 [Rev. January 1, 2007]

TO BE RELIEVED AS COUNSELCIVIL
Code of Civil Procedure , 284,

Cal. Rules of Court, rule 3.1362
www,courtinfo.ca.gov
MC-051
CASE NUMBER:
CASE NAME:
CIV 537691
Amber Laurel Baptiste v. Michael Lewis Goguen
NOTICE TO CLIENT
If this motion to be relieved as counsel is granted, your present attorney will no longer be representing you. You
may not in most cases represent yourself if you are one of the parties on the following list:
A personal representative
A probate fiduciary
A corporation
A guardian
A conservator
A trustee
A guardian ad litem
An unincorporated association
If you are one of these parties, YOU SHOULD IMMEDIATELY SEEK LEGAL ADVICE REGARDING LEGAL
REPRESENTATION. Failure to retain an attorney may lead to an order striking the pleadings or to the entry of a
default judgment.
5. If this motion is granted and a client is representing himself or herself, the client will be solely responsible for the case.
NOTICE TO CLIENT WHO WILL BE UNREPRESENTED
If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to
seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are
legally permitted to do so, you will be representing yourself. It will be your responsibility to comply with all court
rules and applicable laws. If you fail to do so, or fail to appear at hearings, action may be taken against you. You may
lose your case.
6. If this motion is granted, the client must keep the court informed of the client's current address.
NOTICE TO CLIENT WHO WILL BE UNREPRESENTED
If this motion to be relieved as counsel is granted, the court needs to know how to contact you. If you do not keep the
court and other parties informed of your current address and telephone number, they will not be able to send you
notices of actions that may affect you, including actions that may adversely affect your interests or result in your
losing the case.
gate: June 27, 2016

/
G. Jill Basinger
(TYPE OR PRINT NAME)
~
(SIGNATURE F TTORNEY)
Attorney for (name): Amber Laurel Baptiste
MC-051 [Rev. January 1, 2007

TO BE RELIEVED AS COUNSELCIVIL
Page 2 of 2
1
2
3
4
PATRICIA L. GLASER -State Bar No. 55668

pglaser@glaserweil.com
G. JILL BASINGER -State Bar No. 195739
jbasinger@glaserweil.com
10250 Constellation Boulevard, 19th Floor
Los Angeles, California 90067
Telephone: (310) 553-3000
Facsimile: (310)556-2920
6
7
Attorneys for Plaintiff/Cross-Defendant

FOR THE COUNTY OF SAN MATEO
10
11
~
....
AMBER LAUREL BAPTISTE,an individual,

Plaintiff,
12
13
s
"
14
15
v.
MICHAEL LEWIS GOGUEN,an individual,
and DOES 1 through 100 inclusive,
Defendants.
16
17
18
MICHAEL GOGUEN,
19
Cross-Complainant,
20
v.
21
AMBER LAUREL BAPTISTE and ROES 1

through 10, inclusive
22
23
Case No. CIV 537691

Unlimited Jurisdiction
GLASER WEIL'S MOTION TO BE
RELIEVED AS COUNSEL OF RECORD;
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT THEREOF
[Filed and served concurrently with Notice of
Motion and Motion to Be Relieved as Counsel,
Form MC-051; Declaration of G. Jill Basinger
in Support of Attorneys' Motion to Be
Relieved as Counsel, Form MC-052; and
Order Granting Attorneys' Motion to Be
Relieved as Counsel, Form MC-053]
Hearing Date:
Time:
Dept.:
Action filed:
Trial date:
July 25, 2016

9:00 a.m.
LM
March 8, 2016
May 1, 2017
Cross-Defendants.
24
25
26
27
28
GLASER WEIL'S MOTION TO BE RELIEVED AS COUNSEL OF RECORD

1204273
TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD:
PLEASE TAKE NOTICE that, on July 25, 2016, at 9:00 a.m., or as soon thereafter as the
matter may be heard in Department LM ofthe above-entitled Court, located at 400 County Center,
Redwood City, California 94063, the law firm of Glaser, Weil, Fink, Howard &Shapiro, LLP
5 ("Glaser Weil") will and hereby does move to be relieved as counsel for Plaintiff/Cross-Defendant
6
7
Amber Laurel Baptiste ("Client").

This motion is made pursuant to California Code of Civil Procedure section 284 on the
s grounds that irreconcilable differences have developed between Glaser Weil and Client regarding
9 the strategy, handling, and course of these proceedings and there has been a breakdown of
10 communications between Glaser Weil and Client, such that Glaser Weil cannot continue its
representation of Client and seeks to withdraw pursuant to California Rule of Professional Conduct
,_
.~
12 3-700(C)(1)(d).
13
Glaser Weil's motion is based upon this Notice, the accompanying Memorandum of Points
~'
~U
14
and Authorities, the Declaration of G. Jill Basinger, the files and records of this action and such
15
other matters and arguments as the Court may consider.
16 I
17
DATED: June 27,2016

AVCHEN & SHAPIRO LLp
1s
i9
20 i
21
By:
P
RICIA L. GLASE
. JILL BASINGER
22
23
24
25
26
27
28
1
1204273
MEMORANDUM OF POINTS AND AUTHORITIES
21 L
INTRODUCTION AND STATEMENT OF RELEVANT FACTS
The law firm Glaser Weil Fink Howard Avchen &Shapiro LLP ("Glaser Weil") respectfully
requests that this Court grant its Motion to be Relieved as Counsel("Motion")for Plaintiff/Cross-
Defendant Amber Laurel Baptiste ("Client")

During the course of Glaser Weil's representation of Client, irreconcilable differences have
developed between Glaser Weil and Client regarding the strategy, handling, and course of these
,,~,~
....
proceedings and there has been a breakdown of communications between Glaser Weil and Client,
such that Glaser Weil cannot continue its representation of Client. See Declaration of G. Jill
10
Basinger, filed concurrently ("Basinger Decl.") at 2. These irreconcilable differences and the
11
breakdown in communications necessitate Glaser Weil's immediate withdrawal under California
12
Rule of Professional Conduct 3-700(C)(1)(d).

Client will not suffer any prejudice if Glaser Weil's motion to be relieved as counsel is
13
~~
~""
4.~
l4
granted. This action is at the early discovery stage, as the case management conference occurred
is earlier this month, setting trial for May 1, 2017. The only pending motion is Mr. Goguen's Motion
16
to Quash Ms. Baptiste's subpoena served on third party, Sequoia Capital, which Glaser Weil has
17
responded to via an Opposition filed on June 21, 2016. Glaser Weil intends to appear and argue on
18
Client's behalf at the hearing on that motion, presently set for July 14, 2016. Basinger Decl. at 5.
19
Glaser Weil has prepared responses to outstanding discovery and opposing counsel's requests for
20
supplemental responses, and will continue to do so until this Court grants the instant motion. Id.
21
Opposing counsel has been cooperative regarding any necessary discovery extensions and Glaser
22
Weil anticipates that cooperation will continue with Ms. Baptiste and the new counsel she selects.
23
Id. Thus, Glaser Weil's withdrawal would not delay the prosecution of this case or prejudice any
24
parties.
25
26
In sum, good cause exists to support Glaser Weil's Motion and Glaser Weil respectfully
requests that this Court grant the Motion to immediately relieve Glaser Weil as counsel of record.
27
28
1
1204273
II.
2
ARGUMENT
A.
Withdraw As Counsel In A Case At Any Time.
3
4
Section 284(2) of the California Code of Civil Procedure provides in pertinent part: "The
attorney in an action or special proceeding may be changed at any time before or after a judgment or
final determination ...[u]pon the order ofthe court, upon application of either client or attorney,
after notice from one to the other." Cal. Code Civ. Proc. 284(2). For example, in Ramirez v.
Sturdeveant, 21 Cal. App. 4th 904, 915 (1994), the Court stressed:
We are ...[not]...aware of[any] authority preventing an attorney

from withdrawing from a case when withdrawal can be accomplished
without undue prejudice to the client's interests ....Implicit in these
provisions [California Rule of Professional Conduct 3-700 and Code
of Civil Procedure section 284] is the conclusion that an attorney is
entitled to withdraw, either with the consent of his or her client, or
without that consent if withdrawal is approved by the Court.
l0
11
....
Absent Extreme Circumstances, An Attorney Should Be Permitted To
12
13 ~(Emphasis added.)
~"
14
Withdrawal from representation is permitted when the client, by any conduct, renders it
15
"unreasonably difficult for the [attorney] to carry out the employment effectively." California Rules
16
of Professional Responsibility, Rule 3-700(C)(1)(d). The breakdown in the attorney-client

17
relationship is grounds for allowing an attorney to withdraw. Estate ofFalco v. Decker, 188 Cal.
18
App. 3d 1004, 1014(1987).

l9
B.
Glaser Weil Should Be Permitted To Withdraw Due To Irreconcilable
20
Differences Of Opinion And Breakdown In The Attorney-Client Relationship

21
Rule 3-700(C)(1)(d) ofthe California Rules of Professional Conduct permits an attorney to

22
seek withdrawal if the conduct of the client "renders it unreasonably difficult for [an attorney] to
23
carry out the employment effectively ..." Cal. R. Prof. Conduct Rule 3-700(C)(1)(d). Here, a
24
substantial and irreconcilable difference of opinion has developed between Glaser Weil, on the one
25
hand, and Client, on the other hand, regarding the strategy, handling, and course of these
26
proceedings. Basinger Decl. at 2. Although the factual basis underlying the conflicts are
27
protected by the attorney-client privilege and cannot be revealed, Glaser Weil represents that it has
28
2
CLASER WEIL'S MOTION TO BE RELIEVED AS COUNSEL OF RECORD
1204273
become extremely difficult for Glaser Weil to engage in effective attorney-client communications
with the Client and has caused a breakdown in the attorney-client relationship. Id. Thus,
withdrawal is proper and permissible. Id. Privilege issues and the duty of loyalty to the client
preclude Glaser Weil from providing greater detail, but will do so in camera if ordered by the Court.
C.
The withdrawal of Glaser Weil as counsel in this matter will not prejudice Client or any
Withdrawal Of Glaser Weil Will Not Cause Delav or Prejudice
party in this action. Client is currently seeking new counsel and Glaser Weil has dealt with the most
s immediate discovery matters. Furthermore, the case management conference occurred earlier this
9
~~,,
...~..
t0
Ms. Baptiste's subpoena served on third party, Sequoia Capital, which Glaser Weil has responded to
11
via an Opposition filed on June 21, 2016, and where Glaser Weil intends to appear at the hearing
12
and argue on Ms. Baptiste's behalf Basinger Decl. at 5. Glaser Weil has prepared responses to
13
outstanding discovery and opposing counsel's requests for supplemental responses, and will
14
continue to do so until relieved as counsel. Id. Opposing counsel has been cooperative regarding
15
necessary discovery extensions and Glaser Weil anticipates that cooperation will continue with Ms.
16
Baptiste. Id. Thus, Glaser Weil's withdrawal would not delay the prosecution of this case or
17
prejudice any parties.
~7`
~"`
month, setting trial for May 1, 2017. The only pending motion is Mr. Goguen's Motion to Quash
Additionally, Client has been informed of Glaser Weil's withdrawal as counsel of record
18
19
through discussions concerning the breakdown of the attorney-client relationship. Basinger Decl. at
20 2,3,&7.
21
22
III.
CONCLUSION
Based on the foregoing, Glaser Weil respectfully requests that the Court grant its motion to
23
be relieved as counsel of record.
24
DATED: June 27, 2016

AVCHEN & SHAPIRO [,~,P
25 '~
26
27
28
By:
P TRICIA . GLASE
G. JILL BASINGER
3
GLASER WE1L'S MOTION TO BE RELIEVED AS COUNSEL OF RECORD
1204273
EXHIBIT B
Exhibit B

2016.07.26 Goguen v. Brunner

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2016.07.26 Goguen v. Brunner

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IN THE CIRCUIT COURT OF ST.

Mr. Goguen is a prominent Silicon Valley investor and a prolific philanthropist

Jurisdiction is proper in this court because Mr. Brunner is an individual citizen of

the State of Missouri.

Plaintiff Michael Lewis Goguen is an investor and philanthropist who currently

Defendant John Brunner is a candidate for Governor of Missouri. Plaintiff is

In addition, Mr. Goguen is a prolific philanthropist. He has founded and funded

I know it feels really good when we are together and to me it feels so

Something really does happen inside of me when I see you. A really

Cant wait for night 3 of our ardent liaison amoureuse;

You can ask me to do anything with you I want you to experience

I miss you so Much. My Body Misses you so Much. I love you so

had a prior association with Mr. Goguen in other matters.

As a direct result of Mr. Brunners malicious, false, and defamatory statements

As a result of Mr. Brunners statements and Twitter post, Mr. Goguens

Plaintiff realleges and incorporates by reference all allegations in the preceding

Defendant Brunner made numerous false statements about Plaintiff Goguen,

These statements were published to third parties by being televised, posted on

Defendant Brunner, in making his statements, acted outrageously from an evil

For compensatory damages in an amount according to proof at trial;

For punitive damages in an amount according to proof at trial;

For costs of suit; and

DATED: July 26, 2016

/s/ James F. Bennett

trial lawyers | los angeles

WRITER'S DIRECT DIAL NO.

July 15, 2016

Bruce E. Van Dalsem

PATRICIA L. GLASER - State Bar No. 55668

G. JILL BASINGER - State Bar No. 195739

SAN MATEO COUNTY

GLASER WEIL FINK HOWARD

10250 Constellation Boulevard, 19th Floor

Los Angeles, California 90067

Attorneys for Plaintiff

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN MATEO

AMBER LAUREL BAPTISTE,

VERIFIED COMPLAINT FOR BREACH OF

MICHAEL LEWIS GOGUEN, an individual,

JURY TRIAL DEMANDED

COMPLAINT FOR BREACH

NATURE OF THE CASE

Defendant Michael Lewis Goguen (" Mr. Goguen"

Defendant") abused Plaintiff

Amber Laurel Baptiste ("

wrongs, that Mr. Goguen has perpetrated against Ms. Baptiste.

solely on his advice and the advice of his attorneys.

Settlement Agreement (" Settlement

floor of a hotel room in a foreign country.

the Human Papillomavirus (" HPV"),

putting her at risk

Mr. Goguen, who used his attorneys to draft a settlement agreement.

unsophisticated victim of human trafficking, extorted him, a sophisticated businessman represented

2VERIFIED COMPLAINT FOR BREACH OF CONTRACT

happens?? In the 99. 99% probability that everything goes

exactly as the agreement says, you're done worrying about this

scenario, but having a signed document in hand to begin with is your

sent over a month after

the Settlement Agreement

was signed, reads as

follows: " Hi sweet

partners meetings run

from 7am- 7pm pretty