v line

1994 'Palimony' Complaint Against Bob Dylan

Search The Library


SOME MAIN ROOMS

LEGAL TOPIC AREAS

MISC BUSHWAH

PREMIUM ROOMS

Follow Us!



Our Most Popular Article:
Power of Attorney
Our Most Popular Page:
Free Legal Forms
Our Newest Article: Personal Finance Guide

line
line

PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

GARY M. SPRITZ, ESQ. SBN# 152451
LAW OFFICES OF GAY M. SPRITZ
505 SOUTH BEVERLY DRIVE #1149
BEVERLY HILLS, CA 90212
TEL. 310-444-5899
FAX. 310-444-4917

ATTORNEY FOR PLAINTIFF
RUTH TYRANGIEL

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES

RUTH TYRANGIEL, )
Plaintiff, ) CASE NO.
vs. ) BC 115656
ROBERT ZIMMERMAN, aka )
BOB DYLAN, and DOES 1 )
through 10, inclusive, ) COMPLAINT:
Defendants. )
___________________________)

1) FOR SPECIFIC PERFORMANCE OR DAMAGES BASED UPON BREACH OF EXPRESS CONTRACT;
2) TO IMPRESS CONSTRUCTIVE TRUST BASED ON BREACH OF EXPRESS CONTRACT;
3) TO IMPRESS CONSTRUCTIVE TRUST OR DAMAGES BASED ON BREACH OF IMPLIED IN FACT CONTRACT;
4) DECLARATORY RELIEF;
5) FRAUD AND DECEIT; and
6) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
7) NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
8) PARTITION

COMES NOW, Plaintiff, RUTH TYRANGIEL, referred to as, "Plaintiff" (hereinafter), and for causes of action, alleges as follows:

FIRST CAUSES OF ACTION
(FOR SPECIFIC PERFORMANCE OR DAMAGES BASED ON BREACH OF EXPRESS CONTRACT)

1. Defendant, ROBERT ZIMMERMAN, aka BOB DYLAN, (hereinafter referred to as "Defendant), is and was at all times mentioned herein a resident of the State of California, County of Los Angeles. The Agreement entered into between the parties was to be performed in the State of California, Los Angeles County and elsewhere.

2. Plaintiff is unaware of the true names and capacities, whether individual, corporate, associate or otherwise of the Defendants sued herein as DOES 1 through 10, inclusive. Plaintiff will seek leave to amend this Complaint to set forth the true names and capacities of said Defendants when the same have been ascertained.

3. Plaintiff is informed and believes and thereon alleges that each of the Defendants named herein as DOES 1 through 10, inclusive is intentionally or negligently responsible, or is otherwise legally responsible, in some manner, either vicariously or by virtue of his, her, or its own conduct, negligence or failure to act, or for the conduct, negligence or failure to act on the part of his, her, or its agents, servants or employees, for the acts and occurrences herein referred to, and has proximately caused injury and damages thereby to Plaintiff as result of their conduct hereinafter described.

4. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, the Defendants and the Defendants DOES 1-10, and each of them, were the agents or employees of each other, and were at all times acting within the purpose, scope and course of said agency, and employment, and with full knowledge and consent of each other.

5. That the above named Defendants, and each of them, claim some right, title, estate, lien or interest in the hereinafter described property.

6. That in or about February, 1974, Plaintiff and Defendant met and soon thereafter entered into an oral agreement wherein Defendant agreed that during the time that the parties maintained their relationship the Defendant would combine his skills, efforts, labor and earnings and would share equally with Plaintiff any and all property acquired and accumulated as a result of his skills, efforts, labor and earnings, said agreement to be performed wherever the parties were situated.

(a) It was further agreed that Plaintiff and Defendant would hold themselves out to the general public as husband and wife, and Plaintiff would further render services, which included but was not limited to a nurse, confidante, companion, homemaker, housekeeper, cook, social- companion and advisor to Defendant.

(b) That the parties further agreed that in the event of dissolution of their relationship by death, separation or otherwise, that all of Defendant's property acquired during the period of time of the parties' relationship as a result of his skills, efforts, labor and earnings would be divided equally.

7. It was further agreed as follows:

A. Defendant would then and THEREAFTER provide for all Plaintiff's financial support and need for the rest of her life in the same style and manner that was established during the parties' relationship consistent with Defendant's annual earnings and accumulations.

B. That defendant would provide finances for the benefit of Plaintiff.

C. That Plaintiff and Defendant would be married.

8. That pursuant to, in confirmation of, and in reliance upon the said agreement, Plaintiff and Defendant maintained relationship from in or about February 1974 through in or about November, 1993. Throughout said relationship, said agreement between Plaintiff and Defendant was reaffirmed and ratified by the parties.

9. That Plaintiff has at all times performed each and every covenant and condition by her to be performed and rendered services and contributed her skills, efforts, and labor as required by the terms of the agreement.

10. That during the time that Plaintiff and Defendant maintained this relationship together, Defendant acquired as a result of his skills, efforts, labor and earnings, personal and real property, hereinafter referred to as "Equitable Property", the exact nature and-extent of which is presently unknown to Plaintiff, Plaintiff will seek leave to amend this Complaint upon ascertaining the same.

11. That in or about November, 1993, Defendant repudiated his agreement with Plaintiff in California.

12. That in or about November, 1993, while in the State of California, Defendant repudiated his agreement with Plaintiff by failing to perform his part of the Agreement, and ever since Defendant has threatened and continues to threaten to cease providing further support and maintenance to Plaintiff.

13. That the above-referenced services of Plaintiff performed for Defendant and the contribution of Plaintiff's skills, efforts, and labor under and pursuant to said agreement were and are adequate consideration for the equal ownership interest in said property, earnings and accumulations, the providing of promised finances by Defendant for Plaintiff, and the said lifetime support that Defendant agreed to furnish and provide to Plaintiff thereunder; and said agreement was and is just fair, reasonable and equitable in all respects.

14. That as a result thereof all of said Equitable Property is either in Defendant's possession, held in his name, and under his control. Plaintiff has demanded that Defendant recognize Plaintiff's said interest in the Property, earnings and accumulations referred to herein above; however, Defendant has refused to do so contrary to the terms and provisions of said agreement.

15. In addition to the foregoing, Defendant has received and will continue to receive during the pendency of this action, rents, issues, royalties and profits from said property in an amount of which Plaintiff is uncertain and cannot ascertain without an accounting from Defendant, an undivided 50% of which belongs solely and exclusively to Plaintiff.

16. By reason of the refusal by Defendant to honor said oral agreement, as set forth hereinafter, Defendant has breached said agreement.

17. That the aforesaid Equitable Property standing in Defendant's name but acquired by Plaintiff pursuant to the aforesaid agreement, is unique in character in that there exists no other real or other properties substantially similar thereto; and as a result of Defendant's breach of the aforesaid agreement, Plaintiff has no plain, speedy or adequate remedy in the ordinary course of law, and damages equal to one-half the fair market value of all property, earnings and accumulations of Plaintiff and Defendant will be inadequate to compensate Plaintiff for the detriment suffered by him.

18. As a proximate cause of the said breach of contract, Plaintiff has been damaged in an amount believed to be in excess of Five Million Dollars ($5,000,000.00) but not as yet fully ascertained by her; however, Plaintiff is informed and believes that said damages exceed the jurisdictional limit of this Court. Plaintiff will seek leave to amend this Complaint after she ascertains the full amount of her damages.

19. Plaintiff has fully performed everything required of her by Defendants and was prevented by him from further performance, as alleged above; therefore, no section of the statute of frauds ought to be applied.

20. Defendant ought to be estopped to raise any section of the statute of frauds by reason of the following:

(a) Commencing in or about February, 1974 when the said promises were made by Defendant and at various times thereafter during the relationship of the parties, Defendant represented to Plaintiff that he intended to keep his oral promise, which representations caused Plaintiff to change her position in detrimental reliance as alleged above.

(b) If Defendant were allowed to raise any section of the statute of frauds, he would be unconscionably and unjustly enriched by having accepted that which he bargained for without having to keep his promise to pay for it.

SECOND CAUSE OF ACTION
(To Impress Constructive Trust Based on Breach of Express Contract)

21. Plaintiff incorporates Paragraphs 1 through 20, inclusive, of this Complaint, as though fully set forth herein.

22. That commencing in or about February, 1974, Plaintiff and Defendant maintained a relationship until in or about November, 1993.

23. At the time Plaintiff and Defendant commenced their relationship, and at all times during their relationship, the most confidential relationship existed between Plaintiff and Defendant and Plaintiff reposed the greatest confidence and trust in Defendant. Plaintiff entrusted Defendant to manage and care for all property acquired and accumulated through the efforts of Plaintiff and Defendant. By reason of this confidence reposed in Defendant, and of which Defendant was aware, Defendant did retain title, possession, custody and control of the property herein described.

24. By reason of the trust and confidence Plaintiff reposed in Defendant, Plaintiff relied on Defendant to perform his agreement with Plaintiff and to disclose fully all of the property of the parties, its nature, extent and value, and relied on Defendant to divide property of Plaintiff and Defendant in manner that would conform to the agreement of the parties. Defendant knew and was apprised of the trust and confidence so reposed in him by Plaintiff.

25. In response to Plaintiff's request to account for all property acquired and accumulated through the efforts of Plaintiff and Defendant, Defendant violated the confidence Plaintiff had placed in him and fraudulently repudiated the mutual understanding that had existed during the period in which Plaintiff and Defendant had maintained their relationship with each other by refusing, and continuing to refuse, to account for any property in her possession, custody and control; and by refusing, and continuing to refuse, to disclose to Plaintiff the nature, extent and value of the property.

26. By reason of the violation of the confidence Plaintiff has placed in Defendant and of the repudiation of the mutual understanding between Plaintiff and Defendant respecting the treatment of all property acquired and accumulated through the skill, efforts, and labor of Plaintiff and Defendant and each of them, Defendant is an involuntary trustee, holding property, and the rents, issues, royalties and profits therefrom in constructive trust for Plaintiff with the duty to convey the same to her forthwith.

THIRD CAUSE OF ACTION
(To Impress Constructive Trust or Damages, Based on Breach of Implied in Fact Contract)

27. Plaintiff incorporates Paragraphs 1-20, inclusive, of this Complaint, as though fully set forth herein.

28. In or about February, 1974, Plaintiff and Defendant commenced their relationship and continued said relationship until in or about November, 1993.

29. In or about February, 1974, when Plaintiff and Defendant commenced their relationship, and soon thereafter and as part of an implied understanding with Defendant at said time and as part of said implied understanding, Plaintiff devoted her skills, efforts, and labor in maintaining Plaintiff's and Defendant's relationship, including traveling and attending social functions with Defendant, maintaining social relations with friends and acquaintances of Plaintiff and Defendant, acting as Defendant's advisor on business decisions, assisting Defendant in the writing of songs, thereby satisfying all of Defendant's personal needs.

30. As a further part of said implied understanding between Plaintiff and Defendant, Defendant understood, or acted in manner as though he understood, that Plaintiff would perform, expend, or contribute such skills, efforts, and labor to Defendant, and Defendant would maintain, support and at all times then and in the future provide security, aid and assistance to Plaintiff.

31. Thereafter, Defendant manifested his assent to the conditions on which Plaintiff performed, expended and contributed her skills, efforts, and labor as herein described by accepting the skills, efforts, and labor and treating his skills, efforts, and labor as property of both Plaintiff and Defendant.

32. During the course of time that Plaintiff and Defendant maintained their relationship, said parties conducted their relationship in a manner and with the same force and effect as husband and wife, and did hold themselves out publicly as husband and wife, and in so doing dealt with each other in a fair and trusting manner, thereby creating in both Plaintiff and Defendant reasonable expectation which existed between Plaintiff and Defendant, and in particular the parties acted as follows:

(a) Plaintiff devoted her time and attentions to Defendant's personal needs with a continued assurance that she would be secure for the rest of her life;

(b) Plaintiff acted as a nurse, companion, and confidante, social hostess, homemaker, housekeeper, and cook to Defendant;

(c) Plaintiff took care of Defendant when he was ill to the extent that she was able;

(d) Plaintiff and Defendant mutually planned their financial future together for the rest of their lives;

(e) Plaintiff devoted all aspects of her life to Defendant's needs, interest and well-being to the exclusion of her own-making herself available to Defendant seven days a week, 24 hours a day;

(f) Plaintiff assisted Defendant in various business decisions and acted as his personal and business advisor;

(g) Plaintiff assisted Defendant in co-writing songs;

(h) That throughout the period of time the parties maintained their relationship, Defendant assured Plaintiff that she would always be financially compensated and be secured for the rest of her life.

(i) Plaintiff and Defendant enjoyed and maintained during the course of their relationship a certain standard of living, which standard of living Defendant promised to maintain for Plaintiff-for the rest of her life;

(j) Plaintiff and Defendant discussed financial and business matters, including acquisitions acquired during the course of their relationship on the same basis as if the two of them were partners, and/or venturers.

33. Thereafter, in confirmation of this mutual understanding between Plaintiff and Defendant, Plaintiff and Defendant understood that all of his skills, efforts, labor and earnings, and all property acquired therewith by Defendant and the duties performed, expended or contributed, with respect thereto by Plaintiff, were to be treated as their property. Both Plaintiff and Defendant understood that, although one party may retain title, possession, custody or control of the property, Defendant would account for such property to the Plaintiff in the event of the termination of relationship, when either party manifested an intent to discontinue the parties' relationship.

34. In response to Plaintiff's request to account for all property acquired and accumulated through the joint efforts of Plaintiff and Defendant, Defendant violated the confidence Plaintiff had placed in him and fraudulently repudiated the mutual understanding that had existed during the period in which Plaintiff and Defendant had maintained their relationship by refusing, and continuing to refuse, to account for any property in his possession, custody and control.

35. That during the time that Plaintiff and Defendant had maintained their relationship, and through their agreement, Defendant acquired, by his skills, efforts, labor and earnings, personal and real property, hereinafter referred to as "Equitable Property," the exact nature and extent of which is presently unknown. Plaintiff will seek leave to amend this Complaint upon ascertaining the same.

36. In addition, Defendant has received and Will continue to receive during the pendency of this action, rents, issues, royalties and profits from the said property in an amount of which Plaintiff is uncertain and cannot ascertain without an accounting from Defendant, an undivided interest pursuant to the parties' agreement, of which belongs solely and exclusively to Plaintiff.

FOURTH CAUSE OF ACTION
(Declaratory Relief)

37. Plaintiff incorporates Paragraphs 1 through 20, 28 through 36, inclusive of this Complaint, as though fully set forth herein. 38. That an actual controversy has arisen between Plaintiff and Defendant, and Does 1- 10, and each of item, relating to the legal rights, duties and obligations of said parties, to wit:

A. Plaintiff contends:

1. As a result of said agreement and said acquisition of Equitable Property, Plaintiff is the owner of one-half of all of said property as a tenant in common with Defendant.

2. That Defendant has the duty and obligation to pay to Plaintiff a reasonable sum as and for her support and maintenance.

3. That all of said Equitable Property and all Businesses acquired and/or owned and managed during the relationship should be treated as would community property and/or quasi-community property, as if there had been a valid marriage entered into from the beginning of the relationship between Plaintiff and Defendant and that to not enforce his rights in this regard would constitute a denial of due process and equal protection of the law under the United States and California State constitutions.

4. That Defendant is estopped from denying the validity or effectiveness of said agreement.

5. That in the alternative, should this court not enforce the said agreement, Plaintiff, by reason of the facts hereinabove alleged, has suffered damages in excess of this Court's jurisdictional limit. The exact amount of said damages have not been presently ascertained by Plaintiff who will ask leave to amend this Complaint to insert the exact amount upon ascertainment of same or according to proof.

B. That Plaintiff is informed and believes and upon such information and belief alleges that Defendant, BOB DYLAN, and Does 1-50 and each of them, deny each and all of Plaintiff's contentions and specifically that the agreement was entered into between Plaintiff and Defendant, and further deny that Plaintiff is entitled to one-half of the Equitable Property or has any right to support and maintenance from Defendant.

39. That no adequate remedy, other than herein prayed for, exists by which the rights of the parties hereto may be determined.

40. That Plaintiff desires a judicial determination of her and Defendant's rights, duties, obligations and interests and a further determination as to the validity of the agreement.

FIFTH CAUSE OF ACTION
(For Fraud and Deceit)

41. Plaintiff incorporates Paragraphs 1 through 20, and 28 through 36, and Paragraphs 38 through 40 inclusive of this Complaint, as though fully set forth herein.

42. At the times Defendant made the promises, as well as the time that Defendant reaffirmed and ratified said promises to Plaintiff as alleged above, he expressly and impliedly represented to her that there existed in his then present state of mind an intention to keep the said promises.

43. The said representations were false, and each time Defendant made them, he knew they were false.

44. At the times Defendant made the promises, as well as the time said representations, and at the times of the reliance by Plaintiff, as herein alleged plaintiff believed that the said representations were true.

45. At all times herein mentioned, Defendant intended to defraud and deceive Plaintiff by causing her to act to her detriment in reliance upon her said belief in the truth of Defendant's said representations.

46. In reasonable reliance upon Plaintiff's belief in the truth of Defendant's said representations, she acted as follows:

(a) Plaintiff allowed Defendant to hold her out and she also held herself out as his wife; she traveled with Defendant as his wife

(b) Plaintiff acted as Defendant's homemaker, companion and confidante during those years, and entertained their friends, family and business associates, and provided him with emotional support.

(c) Plaintiff devoted all aspects of her life- to Defendant's need, interest and well-being to the exclusion of her own making herself available to Defendant seven days a week, 24 hours a day.

(d) Plaintiff assisted Defendant in various business decisions and acted as his personal and business advisor;

(e) Plaintiff assisted Defendant in co-writing songs;

47. Were it not for Plaintiff's said trust and confidence in Defendant as a fiduciary, and her said reliance upon, and belief in the truth of his said representations, Plaintiff would not have acted as hereinabove alleged.

48. By reason of the said fraud and deceit, Plaintiff has suffered damages measured by the dollar amount of the loss of the benefit of her bargain: the properties and financial-support he would have received from Defendant if he had kept his said I promise. Said damages are in an amount in excess of the jurisdictional limit of this court, but Plaintiff has not as yet ascertained the exact amount of his damage, and will seek leave to amend this Complaint upon ascertaining the same.

49. By reason of the said fraud and deceit perpetrated by Defendant in deceiving Plaintiff into acting to her detriment in reliance on promises which Defendant never intended to keep, Defendant acted with malice.

50. By reason of the said malice, Defendant ought to suffer punitive and exemplary damages in an amount in excess of Five Million Dollars ($5,000,000.00) or in a greater amount according to proof of his wealth.

SIXTH CAUSE OF ACTION
(For Intentional Infliction of Emotional Distress)

51. Plaintiff incorporates paragraphs 1-20, 28-36 and 38 40, and paragraphs 42 through 50, inclusive, of this Complaint as though fully set forth herein.

52. In or about November, 1993, Defendant repudiated hi agreement with Plaintiff.

53. Plaintiff is informed and believes and based thereof alleges that Defendant wilfully, maliciously and knowingly engaged in the aforementioned acts with a conscious design to deprive Plaintiff of her rights.

54. Defendant's conduct was intentional, malicious, unprivileged, outrageous and done for the purpose of causing Plaintiff to suffer humiliation, anguish and emotional and physical~ distress. Defendant's conduct, as hereinabove set-forth, was done with knowledge that Plaintiff would the caused mental anguish and emotional and physical distress and Defendant's conduct was with a wanton and reckless disregard for the consequences of said actions to Plaintiff.

55. As a direct and proximate result of the aforementioned acts, Plaintiff has suffered humiliation, mental anguish, and emotional and physical injuries, and Plaintiff has suffered loss of energy, loss of sleep, severe tension, profound shock and anxiety, all to Plaintiff's damages in a sum within the jurisdictional requisites of this Court. Plaintiff will ask leave of Court to amend this Complaint at time of trial to insert the exact amount of said damages.

56. In doing these acts, Defendant acted maliciously and without probably cause and without regard for the rights, health and feelings of Plaintiff, and with intent, design, scheme and purpose to injure Plaintiff.

Therefore, this Court should award Plaintiff exemplary and punitive damages against Defendant in a sum in excess of Five Million Dollars ($5,000,000.00).

SEVENTH CAUSE OF ACTION
(Negligent Infliction of Emotional Distress)

57. Plaintiff refers to and incorporates herein by this reference each and every allegation contained in Paragraphs 1-20, 28-36, 38-40, 42-50, and 52 through 56, inclusive, of this Complaint as though fully set forth herein.

58. The aforesaid conduct of Defendant, if not intentional, was negligent on part of Defendant, was reckless and without due regard for the health and welfare of Plaintiff.

59. Defendant had a duty to act with due care towards Plaintiff in light of the parties' confidential relationship which existed between the parties in that Plaintiff reposed the greatest confidence and trust in Defendant, and in light of their relationship, and engagement to be married. Said duty was breached as a result of the conduct alleged herein, which has continued through the filing of this Complaint.

60. Defendant acted negligently, carelessly, wrongfully and without justification and-in carrying out his scheme designed to deprive Plaintiff of her rights and property interests. Defendant knew or should have known that Plaintiff would suffer emotional distress as a direct and proximate result of Defendant's conduct.

61. As a direct and proximate result of said negligence and carelessness of Defendant, Plaintiff has suffered humiliation, mental anguish and emotional and physical injuries including loss of sleep, loss of energy, severe tension, profound shock and anxiety, all to Plaintiff's damage within the jurisdictional requisites of this Court. Plaintiff will ask leave of Court to amend this Complaint at time of trial to insert the exact amount of said damages.

EIGHTH CAUSE OF ACTION
(Partition)

62. Plaintiff refers to and incorporates herein by this reference each and every allegation contained in Paragraphs 1 through 61, inclusive, of this Complaint as though fully set forth herein.

63. By reason of the foregoing, Plaintiff and Defendant are tenants in common in the above described property each owning an undivided one-half interest.

64. This action is brought and partition is being sought herein for the common benefit of the parties, to preserve and secure to each of them his or her respective interests and rights in the property, and Plaintiff has received and will incur, costs of partition herein, including reasonable attorneys fees, for the common benefit of the parties hereto in an amount not yet ascertainable.

WHEREFORE, Plaintiff prays judgment as follows:

1. That Defendant be compelled to account for all property acquired and accumulated through the skill, efforts, labor and earnings of Defendants and each of them.

2. That this Court declare that Plaintiff has an undivided one-half interest in all Equitable Property described within this Complaint, as a tenant in common with Defendant.

3. That this Court order a division of said Equitable Property according to the respective rights of the parties, or if it appears that the division cannot be had without great prejudice to the parties, that a sale of the said property be ordered, and the proceeds thereof be divided between the parties according to their respective rights.

4. That the Court determine that a partnership has been created by the conduct of the parties and all of the said Equitable Property, and Business Concerns, that thereafter, the Court dissolve the said partnership and distribute the property to the respective parties.

5. That the Court declare that Defendant holds an interest in all of said Equitable Property as Trustees for Plaintiff, and that Plaintiff is the owner of interests as prayed for herein.

6. That the Court order Defendant to execute such instruments that shall be necessary to transfer to Plaintiff her interest in said Equitable Property.

7. For a declaration of the rights and interests of the parties in and to the said Equitable Property.

8. That this Court declare that Plaintiff has an interest in all of the said Equitable Property.

9. That Defendant be ordered to pay Plaintiff a reasonable sum per month, according to proof, as and for the support and maintenance of Plaintiff.

10. For damages in excess of Five Million Dollars ($5,000,000.00), according to proof.

11. For punitive and exemplary damages according to proof.

12. For costs of suit incurred herein.

13. For such other and further relief as the Court may deem just and proper.

DATED: NOVEMBER 1, 1994
LAW OFFICES OF GARY M. SPRITZ
BY: GARY M. SPRITZ, ESQ.
FOR PLAINTIFF
RUTH TYRANGIEL

----- Brought to you by the 'Lectric Law Library(tm) http://www.lectlaw.com

-----
Brought to you by - The 'Lectric Law Library
The Net's Finest Legal Resource For Legal Pros & Laypeople Alike.
http://www.lectlaw.com

Google+