FILED

DALLAS COUNTY
2 CIT/ ESERVE 6/14/2018 7:17 AM
FELICIA PITRE
DISTRICT CLERK

Kayla Buckley
CAUSE NO. DC-17-07557

Y.H,
Y.H, A.B.,
A.B., R.K.W., J.K.,
J.K., §
§ IN THE DISTRICT COURT
AND L.V.
ANDL.V. §
§
Plaintiffs,
Plaintiffs,
§
§
V.
V. §
§ 44TH JUDICIAL DISTRICT
§
§
SPA CASTLE INC., §
§
SPA CASTLE TEXAS, INC. §
§
SPA CASTLE DALLAS, LLC., §
§
“ANGELITO” HERNANDEZ,
ANGEL "ANGELITO" §
§
ROBERTO ROCHA, LEHIGH, INC.
D/B/A BRAXTON BUILDING
MAINTENANCE AND
JOHN DOES 11 THROUGH 4
Defendants. §
§ OF DALLAS COUNTY, TEXAS

PLAINTIFFS’ SECOND AMENDED PETITION, AND APPLICATION FOR

PLAINTIFFS'
TEMPORARY INJUNCTION

TO THE HONORABL JUDGE BONNIE GOLDSTEIN:

Comes NOW Plaintiffs,

Plaintiffs, Y.H.,
Y.H., A.B.,
A.B., R.K.W.,
R.K.W., J.K.,
J.K., and L.V.
L.V. file
file this their First
this their First Amended

Petition,
Petition, and
and Application
Application for Temporary Injunction,
for Temporary Injunction, against Castle of Texas,
against Defendants Spa Castle Texas, Inc.,
Inc.,

Spa
Spa Castle,
Castle, Inc.,
Inc., and
and Spa Castle Dallas, LLC, Angel "Angelito"
Castle Dallas, Hernandez, Roberto Rocha,
“Angelito” Hernandez,

Braxton
Braxton Building
Building Maintenance
Maintenance and Defendants John Does 11 through
and Defendants through 4, alleges as
4, and alleges as follows:
follows:

I.
I. DISCOVERY

1.
1. Plaintiffs intend to conduct
Plaintiffs intend to conduct discovery
discovery under
under Level 2 of
Level 2 of the
the Texas Rules
Rules of
of Civil
Civil

Procedure
Procedure 190.3. Plaintiffs and
190.3. Plaintiffs and Spa Castle
Castle Defendants
Defendants have already
already entered
entered an Agreed Order for
for

expedited
expedited discovery. Plaintiffs request
discovery. Plaintiffs request that
that Defendants Rocha,
Rocha, and Braxton Building Maintenance

respond
respond to Requests for
t0 Requests for Disclosure no later
Disclosure n0 than 50
later than 50 days pursuant to
days pursuant the Texas Rules of Civil
t0 the Civil

Procedure.
Procedure.

PLAINTIFFS’ SECOND AMENDED PETITION, APPLICATION FOR TEMPORARY RESTRAINING

PLAINTIFFS' PAGE 1
l OF
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ORDER, AND APPLICATION
APPLICA’I‘ION FOR TEi\IP0RARY INJUNCTION
TEAVIPORARY INJUNC’I‘ION
 II.
II. PARTIES

2.
2. Plaintiffs
Plaintiffs are adult women, who live
are adult throughout the
live throughout the Dallas-Fort
Dallas—Fort Worth Metroplex.
Metroplex.

3.
3. Defendant
Defendant Spa
Spa Castle
Castle Texas,
Texas, Inc.
Inc. is
is a
a Texas corporation
c01p0ration that has been served with
that has with

process
process and answered,
answered, and appeared in this action.
in this action.

4.
4. Defendant
Defendant Spa
Spa Castle, Inc. is
Castle, Inc. is a
a Texas
Texas corporation that has
corporation that been served
has been with process
served with process

and
and answered,
answered, and appeared
appeared in
in this
this action.
action.

5.
5. Defendant
Defendant Spa Castle Dallas LLC is
Castle Dallas is a
a limited
limited liability with its
liability company With principal
its principal

place of
place business at
of business at 2639 Walnut Hill
2639 Walnut Hill Lane,
Lane, Suite
Suite 225
225 Dallas,
Dallas, Texas 75229-5699, which may be

served by serving
served by serving its
its registered
registered agent
agent for process Steven
for process Steven Chon at
at 2639 Walnut Hill
Hill Lane,
Lane, Suite
Suite

225 Dallas, Texas

225 Dallas, Texas 75229-5699.
75229—5699.

6.
6. Defendant Angel "Angelito"
Defendant Angel “Angelito” Hernandez
Hernandez is
is an
an individual, and former
individual, and former manager of

Defendant
Defendant Spa
Spa Castle, who has
Castle, Who has answered,
answered, and appeared
appeared in
in this
this action.
action.

7.
7. Defendant
Defendant Roberto Rocha, previously
Roberto Rocha, identified as
previously identified as an unidentified
unidentified John Doe

employee
employee of
of Spa
Spa Castle,
Castle, may be served
may be served with process by
with process by serving
serving him at
at his
his residence,
residence, 3006 Blue

Ridge Lane,
Lane, Garland,
Garland, Texas,
Texas, 75042.
75042.

8.
8. Defendant Lehigh, Inc.
Defendant Lehigh, Inc. doing business as
doing business Braxton Building
as Braxton Building Maintenance is
is aa

registered
registered corporation
corporation in the State
in the State of
of Texas,
Texas, and
and may be
be served with process
served with process through
through its
its registered
registered

agent,
agent, Gregory
Gregory A.
A. Bergkamp at
at 12200
12200 North Stemmons Freeway,
Freeway, Suite
Suite 218,
21 8, Dallas,
Dallas, Texas 75234.

III.
III. JURISDICTION

9.
9. This
This Court has subject
Court has subject matter jurisdiction over
matter jurisdiction over this
this case,
case, because
because the
the amount in
in

controversy,
controversy, exclusive
exclusive of
of costs and interest,
costs and interest, is within the
is within jurisdictional limits
the jurisdictional limits of
0f this
this Court.
Court.

10.
10. Plaintiffs
Plaintiffs seeks
seeks monetary relief over
monetary relief over $1,000,000.
$1,000,000.

AlHENDEn PETITION, APPLICATION FOR TEMPORARY RESTRAINING

PLAIN'I‘IFFS’ SECOND AMENDED
PLAINTIFFS' PAGE20F
PAGE 2 0F 27
ORDER, AND APPLICATION FOR TEMPORARY INJUNCTION
INJUNC'I‘ION
 IV.
IV. VENUE

11.
11. Venue in
in this
this case
case is proper in
is proper in Dallas
Dallas County,
County, Texas, because Defendants Spa
Texas, because

Castle's
Castle’s premises
premises are
are located
located in
in Dallas
Dallas County,
County, and that
that some or
or all
all of the events
0f the the basis
events made the basis

of
0f this
this suit likewise occurred
suit likewise occurred in
in Dallas
Dallas County.
County.

V. FACTS

A DAY FOR PEACE AND REST BECOMES A DIRTY ABUSIVE NIGHTMARE

12.
12. On June
June 15,
15, 2017,
2017, four
four different went to
different women went t0 Spa Castle
Castle for
for a
a day,
day, and evening
evening

of
0f tranquil
tranquil relaxation.
relaxation. Plaintiff
Plaintiff Y.H.,
Y.H., an
an Arlington
Arlington resident,
resident, went by
by herself
herself for
for some peace,
peace, and

rest
rest from
from her
her work as
as a
a dental hygienist. Before this
dental hygienist. this day, Y.H. did
day, Y.H. did not
not know any
any of the
the other
other

Plaintiffs.
Plaintiffs. J.K.
J.K. accompanied her husband for
accompanied her for a
a tradition
tradition that
that has
has united the couple,
united the couple, and preserved

her
her cultural
cultural roots.
roots. Like
Like Y.H., J.K. knew none
Y.H., J.K. none of
of the
the other
other women that
that day,
day, but
but would become

united by aa shared
united by rage resulting
shared rage resulting from loathsome and prurient
from loathsome prurient acts.
acts. Only A.B. and R.K.W. knew
Only A.B.

one
one another.
another. Close
Close friends
friends for
for 20 years,
years, the
the two had gone to the Spa Castle
t0 the Castle for ‘me time,'
for some 'me time,’

away
away from
from the
the grind
grind of work, and
ofwork, and the
the demands of
0f domestic
domestic life.
life. By the
the early
early hours
hours of the following
0fthe following

day,
day, together,
together, and
and separately,
separately, they
they will
will have
have suffered
suffered the
the lurid
lurid and lascivious
lascivious invasions,
invasions, abusive

taunts,
taunts, degrading
degrading acts,
acts, and
and physical restraint from Defendants.
physical restraint Defendants.

THE TWO FACES OF SPA CASTLE

13.
I3. Spa
Spa Castle
Castle advertises itself as
advertises itself as a
a gargantuan
gargantuan family-friendly
family—friendly facility
facility that
that along
along with
with

viiiually
virtually every
every kind
kind of wet or
0f wet 01‘ dry
dry Jacuzzi,
Jacuzzi, sauna
sauna houses
houses an
an indoor,
indoor, and outdoor
outdoor swimming pool,
p001, a
a

restaurant,
restaurant, a bar, and
a bar, and even
even a
a connected
connected hotel. Its principal,
hotel. Its principal, Steven Chon, of the closely-held
0f the closely-held

corporation,
corporation, opened
opened the
the first
first location
location in
in Queens,
Queens, New York in
in 2007.
2007. Defendant Spa Castle
Castle Texas,
Texas,

and
and Spa
Spa Castle
Castle Dallas
Dallas LLC appear
appear to be the
t0 be the tenants
tenants of Chon's
Chon’s related
related entity,
entity, Spa Castle,
Castle, Inc.
Inc. All
All

appear
appear to
to operate
Operate publicly
publicly as
as Spa Castle.
Castle.

Tlcmpomm' RESTRAINING
AMENDED PETITION, APPLICATION FOR TEMPORARY
PLAINTIFFS’ SECOND Al\-11<:NDED
PLAINTIFFS' PAG!s
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 14.
14. Billing
Billing itself
itself as
as "the perfect combination
“the perfect combination traditional Asian saunas
traditional Asian saunas and luxurious
luxurious

European
European spas," the sprawling
spas,” the sprawling Spa Castle
Castle facilities offer massages,
facilities offer massages, facials,
facials, saunas,
saunas, swimming

pools, restaurants
pools, restaurants and
and bars.
bars. The Queens
Queens location
location is
is five-stories high, and offers
five—stories high, offers some 100,000

square
square feet
feet of
0f "luxurious
“luxurious serenity,"
serenity,” according
according to
t0 its
its website.
websiteV

15.
15. The Carrollton
Carrollton water park is
water park is likewise
likewise massive,
massive, and has
has been
been characterized
characterized as
as the
the

"Kanye
“Kanye West
West of
of Korean
Korean Spas,"
Spas,” pitted
pitted against
against its
its nearby
nearby competitor,
competitor, King Spa.
Spa. The Dallas
Dallas

Observer,
Observer, "Spa
“Spa Castle
Castle is
is a Korean Spa Your Overly
a Korean Overly Stressed
Stressed Self
Self Deserves,"
Deserves,” Oct.
Oct. 15, 2015.
15, 2015.

16.
16. Appraised
Appraised at than $18
at more than $18 million
million by the Dallas
by the Dallas County Central
Central Appraisal

District, the 120,000

District, the 120,000 square-foot
square-foot facility
facility sits
sits on a 6.4
on a 6.4 acre tract, and hosts
acre tract, than aa 1,000
hosts more than visitors
1,000 visitors

aa day
day on
on average, who pay
average, Who pay $45
$45 for the Big
for the Big Box spa
spa experience.
experience. Patrons
Patrons of
0f King Spa began

migrating to
migrating to Spa
Spa Castle
Castle based
based on
on glossy
glossy advertising,
advertising, and Groupon promotions to use the
t0 use the shiny
shiny

Jacuzzis,
Jacuzzis, and
and exotic
exotic saunas
saunas boasting
boasting multi-colored
multi—colored LED lighting.
lighting. You will
will not want to
not want t0 "miss
“miss the
the

Charcoal
Charcoal Tower, the Himalayan
Tower, the Himalayan Salt
Salt Sauna,
Sauna, and
and the
the Infrared
Infrared Lounge,"
Lounge,” an
an article
article on its
its website

instructs.
instmcts.

17.
17. Rooted
Rooted in
in the
the centuries
centuries old
01d traditions
traditions of
0f Asian
Asian spas,
spas, Spa Castle
Castle requires patrons to
requires patrons to

wash, and
wash, and soak
soak in
in the
the nude in
in segregated
segregated mens and womens' bathing houses,
womens’ bathing houses, and locker
locker rooms to
to

protect patron
protect patron privacy,
privacy, and
and security.
security. Before
Before entering other parts
entering other palis of the complex, like
of the like the
the saunas,
saunas,

or public pools,
or public patrons must
pools, patrons must strip
strip naked,
naked, and
and shower.
shower. Likewise,
Likewise, when they
they return
return from the
the pools,
pools,

they are
they are to
to shower.
shower. The nude
nude bathing
bathing houses
houses themselves
themselves contain
contain several
several single
single sex Jacuzzi
Jacuzzi spas,
spas,

at varying temperatures,
at varying temperatures, in
in a
a room with
with showers
showers lining
lining the
the walls.
walls. Two kinds of
0f showers exist:
exist:

stand-up
stand—up showers
showers common in
in the
the West,
West, and
and low-seated
low-seated stools
stools more common in East Asia.
in East Asia.

18.
18. Before
Before coming to Texas
coming to Texas in
in 2012,
2012, Spa Castle
Castle made its
its splash
splash in
in New York City
City in
in

2008
2008 in
in the
the Queens neighborhood of
Queens neighborhood of College
College Point.
Point.

PETITION, APPLICATION Fon

PLAINTIFFS' SECOND AMENDED PETITXON,
PLAINTIFFs’ TEMPORARY RESTRAINING
FOR TEl\'IP0RARY RES’I‘RAINING PAGE 4 OF27
0F 27
ORDER, AND APPLICATION FOR TEMPORARY INnJNCTION
INJ'UNCTlON
 19.
19. As public
public accounts
accounts attest,
attest, Spa Castle
Castle Queens'
Queens’ history
history is
is checkered,
checkered, and dirty.
dirty.

Before
Before it
it even
even opened,
opened, a
a local
local community board
board fought
fought its opening, "deriding
its opening, “deriding the proposal as a
the proposal

thinly
thinly disguised
disguised 'hot
‘hot sheet'
sheet’ establishment,"
establishment,” for
for prostitution
prostitution and public
public sex,
sex, according to
t0 The

Queens Gazette. Founder

Queens Gazelle. Founder Steven
Steven Chon,
Chon, who prides
prides himselfas
himself as aa "gambler," with "big
“gambler,” with guts," would
“big guts,”

not be defeated,
not be defeated, though.
though. With help
help from significant donations to
significant donations to local
local politicians,
politicians, he got
got approval

for
for the
the Big Apple's largest
Big Apple’s largest spa, boasting some 300,000
spa, boasting 300,000 annual visitors and annual
annual Visitors annual sales
sales of
0f more

than
than $20
$20 million.
million.

20.
20. It was not
It was not long, though, before
long, though, before some of
0f the
the community board's biggest fears
board’s biggest fears would

become realized.
realized.

"I
“I HAD TO STOP GOING ON SATURDAYS BECAUSE IT WAS LIKE A FULL-ON,
URBAN HIGH-SCHOOL ORGY IN THE OUTDOOR POOL UPSTAIRS."
UPSTAIRS.”

21.
21. As in
in New York, the pretenses
York, the pretenses ofa
of a wholesome family-friendly
family-friendly fun get
get dropped

during
during the
the night,
night, and
and early
early morning hours.
hours. See “NYC’s 'sex
Post, "NYC's
See The New York Post, ‘sex spa'
spa’ is grossing
is grossing

people
people out,"
out,” March 6, 2016.
6, 201 6. "The
“The Spa Castle
Castle in
in Queens is
is billed
billed as
as a
a sprawling,
sprawling, 22-pool
22—p001

Disneyland
Disneyland of
0f soaks
soaks and
and steams,"
steams,” according to The Post.
according to Post. "But
“But some patrons
patrons are
are anything
anything but G-
G-

rated."
rated.”

On Sunday
Sunday mornings,
mornings, an
an army
army of
of exotic dancers getting
exotic dancers getting off
off their
their Saturday night
Saturday night
shifts
shifts descends
descends on the complex - and it's not
0n the ——— it’s not t0
to do
d0 laps in the pool.
laps in the pool.

“We open
"We open at
at 6
6 a.m.,
a.m., and
and lots
lots of
0f strippers
strippers come here
here after
after work to
to unwind,"
unwind,” an
employee
employee told
told The Post. "There's
The Post. “There’s lots
Eots of
of skinny-dipping
skinny-dipping and thethe girls
girls are
are making
out
out with
with each
each other
other and pmiying. It
and pafiying. looks like
It looks like the
the set
set of
0f a
a porn
pom movie."
movie.”

During
During two
two recent visits, The
recent visits, Post found patrons
The Post patrons in
in their birthday suits,
their birthday suits, groping

each
each other, making out
other, making out and
and having
having what
what appemed to be
appealed to be underwater
underwater sex.
sex.

22.
22. The Post graphically
The Post graphically details public sex
details public sex throughout
throughout the
the premises,
premises, despite
despite having "the
“the

clientele ranged in
clientele ranged in age
age from toddlers
toddlers to
to octogenarians."
octogenarians.”

PETITION, APPLICATION FOR TEMPORARY RESTRAINING

PLAINTIFFS’ SECOND AMENDED PETITION,
PLAINTIFFS' PAGE50F27
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INJUNCTION
 23.
23. "I
“I had to
t0 stop
stop going on Saturdays
going on because it
Saturdays because it was like
like a
a full-on, urban high-school
full-on, urban high-school

orgy
orgy in the outdoor
in the pool upstairs,"
outdoor p001 upstairs,” Whitney Ward, a
a 42-year-old
42-year—old Manhattan photographer, told
photographer, told

The Post's reponer.

The Post reporter. "Under-the-water
’s “Under—the—water mushroom ... in
in the
.the outdoor
.outdoor pool
. pool II would see
see lots
lots of girls
girls

sitting
sitting on guys'
guys’ laps
laps and
and they
they would be bobbing up and down. It
be bobbing It was pretty
pretty obvious they
they were

having
having sex.
sex. I've
I’ve also
also seen
seen guys rubbing one out
guys rubbing out the
the wet way."
way.”

24.
24. "There
“There is
is a
a big
big problem
problem with
with customers
customers having sex m the
sex in the pools,
pools, and the
the

management doesn't
doesn’t know how to
t0 handle it,"
it,” a
a Spa Castle
Castle staffer
staffer told
told The Post,
Post, speaking

anonymously.
anonymously. "Practically
“Practically every
every day,
day, couples
couples are
are caught
caught having sex
sex in
in the indoor and outdoor
the indoor

pools.
pools. They
They think
think they
they are being sly
are being sly about
about it,
it, but
but they're
they’re not.
not. When you
you see
see somebody on

someone's
someone’s lap bouncing up
lap bouncing up and
and down and the
the jets
jets aren't
aren’t turned
turned on, you know what's
0n, you happening."
what’s happening.”

25.
25. Adding fuel to this
fuel to this no—holds
no-holds barred
barred environment
environment is the pervasive
is the pervasive sales
sales of
of alcohol
alcohol

on
0n the
the premises.
premises.

“MOST OF THEIR PROBLEMS STEM FROM A LACK OF SUPERVISION."

"MOST SUPERVISION.”

26.
26. Spa
Spa Castle's
Castle’s general
general reckless
reckless abandon,
abandon, though,
though, has mn afoul
has run afoul of
of not just the
not just the

sensibilities
sensibilities of
of patrons,
patrons, but
but regulators.
regulators.

27.
27. Within days
Within days of
0f The Post's
The Post ’s inquiries, the
inquiries, the New York Health
Health Department temporarily
temporarily

shut the Queens

shut down the Queens location,
location, citing
citing it
it for
for "not
“not following
following safety
safety standards,"
standards,” in the wake of near-
in the near—

drowning death
death of
0f a
a 6-year-old girl whose
6—year-old girl Whose hair got caught
hair got caught in
in an underwater vent. Adding even
underwater vent.

more
more reason
reason for
for concern,
concern, in
in December 2014,
2014, an
an 84-year-old
84-year—old man "was
“was found dead
dead at
at the
the bottom"
bottom”

of
0f an outdoor
outdoor hot
hot tub.
tub.

28.
28. Between 2014 and
Between and 2015, the health
2015, the health department
department cited
cited the
the Spa Castle
Castle Queens for
for

some 49
49 violations,
violations, including
including "failure
“failure to post signs
t0 post signs prohibiting
prohibiting discharge
discharge of
0f bodily
bodily fluids
fluids in
in

pools."
pools.”

TEMPORARY RESTRAINING
PLAINTmFs’ SECOND AMENDED PETITION, APPLICATION FOR TI~MPORARY
PLAINTIFFS' PAGE 6 OF
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 29.
29. Chon maintained his gambling modus operandi
maintained his operandz' when he
he opened this third spa in
this third in

Manhattan, Premier
Manhattan, Premier 57,
57, a
a more upscale
upscale but
but smaller than the
smaller than the Queens and CatTollton
Can-ollton location.
location.

th
Despite facing
Despite facing litigation
litigation from the
the neighboring Ritz
Ritz Carlton,
Carlton, the
the renegade opened the
the 57
57‘“ Street
Street

location
location without
without the
the required permits. Chon's
required permits. Chon’s own daughter,
daughter, Stephanie,
Stephanie, one of the company's
0f the company’s

officers,
officers, admitted
admitted to Inc. magazine
to Inc. magazine that
that flouting the law in
flouting the in that
that instance
instance was unwise,
unwise, but
but they
they felt
felt

compelled to do
compelled to d0 so,
so, because
because opening delays
delays would have caused them significant
significant costs.
costs.

30.
30. Steven Chon's care-what-may
Steven Chon’s care-what—may attitude
attitude continues
continues to
to spur regulators to
spur regulators t0 take
take action-
action——

but with
but with only
only mixed results.
results. One New York state
state senator,
senator, who has
has fought for years to
for years to revoke the

Spa Castle's licensure explains

Castle’s licensure explains he is
is unsurprised
unsurprised by
by the Bacchanalia sex at
the Bacchanalia at Spa Castle. “I’m not
Castle. "I'm

surprised this type

surprised this type of thing is
of thing is going
going on
0n at
at Spa Castle,"
Castle,” said
said Sen.
Sen. Tony Avella (D-Bayside).
(D-Bayside). "Most
“Most

of their problems
0f their problems stem from aa lack
lack of
0f supervision."
supervision.”

$1.5M TAX FRAUD IN MARCH

SPA CASTLE OWNERS INDICTED FOR $1.SM

31.
31. What Plaintiffs
Plaintiffs would also
also not have known in
not have in June was that
that only
only a few months

before, Steven
before, Steven Chon,
Chon, 57,
57, and his brothers, Daniel,
his two brothers, Daniel, 54,
54, and Victor,
Victor, 50,
50, and his
his daughter,
daughter,

Stephanie
Stephanie Chon,
Chon, 29,
29, were
were charged
charged with tax
tax fraud.
fraud.

32.
32. New York authorities
authorities charged
charged the
the four with failure
four with failure to pay $1.5
t0 pay million in
$1.5 million in the
the sales,
sales,

corporate, payroll
corporate, payroll withholding,
withholding, and Metropolitan
Metropolitan Transit
Transit Authority
Authority surcharge
surcharge taxes
taxes that
that Spa Castle
Castle

Queens
Queens owed for
for 2010
20] 0 through
through 2013.
20 3. Part
Part of
0f their
1 their fraud
fraud stemmed, authorities
authorities charge,
charge, from paying
paying

employees,
employees, and vendors in
in cash.
cash.

33.
33. "All
“All four
four were
were each
each hit with two counts
hit with counts of
0f grand larceny, eight
grand larceny, eight counts
counts of
0f criminal
criminal

tax fraud,
tax fraud, and
and one
one count
count of
of criminal
criminal tax
tax fraud. If convicted,
fraud. If convicted, they
they each face
face up t0
to 15 years in
15 years in

”
prison.” The
prison." The New York Daily News,
News, "Queens'
“Queens Spa Castle
Castle owners charged with
with tax fraud,"
’
York Daily taxfraud,

March 22,
22, 2017.
2017.

PLAINTIFFS'
PLAIN’I‘IFII‘S’ SECOND AMENDED PETITION, TEMPORARY RESTRAINING
PETI'I'ION, APPLICATION FOR TEl\'IPORARY RICS’I‘RAINING PAGE 7
7 OF
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ORDER, AND APPLICATION FOR TEMPORARY
TI-Ihrll’ORAm' INJUNCTION
 34.
34. "The
“The scale
scale of theft alleged
ofthefi alleged in
in this
this case is staggering,"
case is staggering,” said Acting Connnissioner
said Acting Commissioner of

Taxation
Taxation and
and Finance
Finance Nonie Manion,
Manion, who announced the
the indictment
indictment along with
with Attorney
Attorney General

Eric
Eric Schneiderman.
Schneiderman.

335.
5. Symptomatic
Symptomatic too
too of the tax
0f the tax fraud
fraud charges,
charges, and the
the concems
concerns raised
raised by,
by, at
at least,
least, one

New York state

state senator,
senator, Spa Castle
Castle Queens settled
settled a
a class
class action
action lawsuit
lawsuit involving
involving labor violations.
labor Violations.

36.
36. Spa
Spa Castle's neighbors of
Castle’s neighbors of Queens
Queens leaders
leaders draw a
a direct
direct link between the
link between the tax
tax fraud,
fraud,

and
and the
the laissez-faire business mode]
laissez—faire business model that
that resulted
resulted in
in Plaintiffs'
Plaintiffs’ fear,
fear, loathing,
loathing, and injuries.
injuries.

37.
37. "Greed
“Greed got
got him busted
busted With
with tax
tax evasion,"
evasion,” Coastal
Coastal Preservation
Preservation Network President
President

James
James Cervino
Cervino told
told the
the Chronicle.
Chronicle. "And greed forced
“And greed forced him to
to change the
the concept
concept from a
a family-
family-

style
style place to aa Caligula-like
place t0 Caligula-like atmosphere."
atmosphere.” Queens “CB 7 chief
Chronicle, "CB
Queens Chronicle, chief wants Spa Castle
Castle

permits pulled,"
permits pulled,” March 30,
March 2017.
30, 2017.

38.
38. As aa result,
result, the
the community
community board
board wasted
wasted no
n0 time
time in
in demanding that
that Spa Castle
Castle

Queens
Queens get
get shut
shut down until
until the
the criminal
criminal tax matters are
tax matters are resolved. “CB 7
Chronicle, "CB
resolved. Queens Chronicle, 7 chief
chief

wants
wants Spa
Spa Castle permits pulled,"
Castle permits pulled,” March 30,
30, 2017.
2017.

339.
9. Steve
Steve Chon remains
remains determined,
determined, though,
though, to
t0 open
open locations
locations in
in every
every state,
state, beginning
beginning

with
With a
a Spa
Spa Castle
Castle Grand Resort
Resort deep
deep in the Poconos
in the Poconos Mountains.
Mountains. With a price tag
a price tag of
of some $250

million, the
million, the Pennsylvania
Pennsylvania development
development is
is slated
slated for
for opening
opening in 2018.
in 201 8.

SP
SPA CARROLLTON,
A CASTLE COMES TO CARROLL TON, TEXAS

40.
40. In
In 2012,
2012, Spa Castle opened its
Castle opened its doors in Carrollton
doors in Carrollton employing
employing the
the same modus
madus

operandi of
operandi the Queens
ofthe Queens location.
location. Along with
with the
the varied-temperature
varied—temperature pools,
pools, and large
large cocktail
cocktail menu

has
has come the
the same brazen
brazen absence
absence of
0f responsible
responsible supervision.
supervision.

PLAINTIFFS' SECOND AMENDED PETITION,

PLAINTIFFS’ PE'I‘I'I'ION, APPLICATION FOR TEMPORARY RESTRAINING PAGE 8 OF 27
8 0F
ORDER, AND APPLICATION FOR 'I‘Eh-IPORARY
TEMPORARY IN.JUNCTION
INJUNCTION
 41.
41. On the
the evemng
evening m question, Plaintiffs
in question, Plaintiffs learned
learned from the
the Carrollton Police
Carrollton Police

Department
Department that
that officers
officers would have
have had t0
to go out
out to
t0 Spa Castle “a lot"
Castle "a to respond
lot” t0 respond to
to complaints

similar
similar to
to those Plaintiffs would angrily
those Plaintiffs angrily and fearfully raise.
fearfully raise.

42.
42. Public lewdness defines
Public lewdness defines Spa Castle
Castle Can-ollton.
Carrollton. One need only
only enter
enter "Spa
“Spa Castle"
Castle”

on Dallas
Dallas Craigslist,
Craigslist, and
and entry
entry after
after entry
entry pops up of
0f largely
largely males seeking
seeking others to meet in
others t0 in one

of the saunas
0fthe saunas or baths for
01‘ baths orfellatio. Some of
coitus orfellafio.
for coitus these personal
of these personal ads
ads refer
refer not
not only
only to prospective
t0 prospective

sexual
sexual encounters, but refer
encounters, but refer to
to payments
payments and
and past on site.
past encounters 0n site.

43.
43. Though consensual, these unbridled
consensual, these unbridled sexual
sexual encounters well illustrate
encounters well illustrate that
that Spa

Castle's
Castle’s adopted
adopted management style
style is
is none
none at
at all.
all. No less
less important, they demonstrate that,
important, they that, despite
despite

having notice of
having notice prolific illicit
ofprolific illicit conduct,
conduct, the
the Spa Castle
Castle Defendants have no
n0 interest
interest in
in discouraging

it,
it, even
even though
though it violates state
it violates state and local
local law including:
including:

1.
i. Public Lewdness, Tex.
Public Pen. Code§
Tex. Pen. Code § 21.07(a)(l),(2),(3)
21.07(a)(1),(2),(3)

11.
ii. Exposure, Tex.
Indecent Exposure, Pen. Code §§ 21.0S(a)
Tex. Pen. 21.08(a)

111.
iii. Disorderly Conduct, Tex.
Disorderly Pen. Code§
Tex. Pen. Code § 42.01(2),(10,
42.01(2),(10,

1v.
iv. Nuisance, Tex.
Common Nuisance, Tex. Civ. Prac. & Rem. Code§
Civ. Prac. Code § 125.0015(a)(l8),(21);
125.0015(a)(18),(21);

v.
V. No 'rough'
‘rough’ or
0r 'appropriate' conduct, Carrollton
‘appropriate’ conduct, Cal‘rollton City
City Code§
Code § 94.13(B);
94.13(B);

v1.
vi. Endangering health safety, Carrollton
health & safety, Carrollton City
City Code§
Code § 94.15(6);
94.15(6);

44.
44. Plaintiffs learned too
Plaintiffs learned too that only aa week or
that only or so
so before
before another
another patron's
patron’s complaint had
complaint had

too
too gone
gone unanswered
unanswered by
by the
the local,
local, or
01‘ New York management.
management.

POOL PAPARRAZZI AND A LOCKER ROOM INTRUSION

45.
45. It
It is within the
is within the context
context of
of the
the company's
company’s sordid past that
sordid past Plaintiff Y.H.
that Plaintiff Y.H. had

unwittingly
unwittingly gone
gone to
t0 the
the Carrollton
Carrollton Spa Castle.
Castle. She takes
takes pride her work for
pride her for a Metroplex dental
dental

PLAINTIFFS’ SECOND AMENDED

PLAINTIFFS' PETITION, APPLICATION FOR TEMPORARY RESTRAINING
AIHENDED PETITJON, PAGE 9 0F
OF 27
ORDER, AND APPLICATION FOR TEMPORARY
TEI\.-IP0RARY INJUNCTION
office, but
office, but relishes
relishes her opportunity to
her opportunity to escape from work to
to the
the peace,
peace, and tranquility that only
tranquility that only a

spa experience can provide.

prm-Iide.

46.
46. On June
June 15,
15, she
she had gone to
to Spa Castle to relax
Castle to relax and lounge in
in the pool and saunas.
the p001

Her experience
experience had not
not been
been unusual
unusual until
until after
after 11 :00 p.m. when she saw three
11:00 three young Latino Spa

Castle
Castle employees-Defendauts
employeesgDefendants John Does #I,
#1 #2,
#2, and #3—emerge
#3-emerge t0
,
to tidy
tidy things
things around the p001,
pool,

and pick
pick up towels.
towels.

47.
47. The men,
men, though,
though, canied
can‘ied their
their cell phones, and
cell phonés, and were snapping pictures
pictures of women

in their bathing
in their bathing suits,
suits, "patiicularly
“particularly if
if they
they were wearing
wearing revealing
revealing clothing
clothing bathing suits,
suits, or
01' were

attractive.” See
physically attractive."
more physically See Affidavit ofYH.
Aflia’avit 0fY.H.

48.
48. As Y.H. affirms,
affirms,

The workers
workers were wearing
wearing Spa Castle
Castle uniforms,
uniforms, and it astonishing how bold
it was astonishing

they
they were about
about taking
taking so
so many photos.
photos. They would use use aa camera in
in the
the same

hand
hand as they were clutching
as they clutching a a towel
towel toto disguise
disguise what they
they were doing,
doing, but
but it
it was

more than
than obvious
obvious that they were
that they were taking
taking photos,
photos, because they
they would stop,
stop, and

focus
focus on0n women, pmiicularly
panicularly if they were wearing revealing
if they clothing bathing
revealing clothing bathing
suits, or were
suits, or were more physically
physically attractive.
attractive. They
They would alsoalso motion and signal
signal to
to

another
another toto take
take photos,
photos, if
if one person
person was in a better
in a better position
position to
t0 snap a
a picture.
picture.

They
They were laughing,
laughing, and cutting
cutting up.
up. They
They were completely
completely enjoying themselves.
enjoying themselves.

II mn unce1iain as
am unceltain as to
t0 how mauy
many photos thatthat each one of0f them took,
took, but itit was more

thau
than apparent that they
apparent that they took
took aa lot
lot of them. At that
of them. that time,
time, II did
did not say
not say auything to
anything to
anybody,
anybody, butbut II was surprised
sulprised at
at their
their audacity, particularly since
audacity, particularly Since Spa Castle
Castle

strictly forbids photography

strictly forbids photography of others
others throughout the
the premises.
premises. In
In fact,
fact, they
they have
signs
signs in
in multiple
multiple areas
areas that
that say
say as
as much. They were doing doing this
this for
for about a half
half
hour. During that
hour. During that time,
time, there
there would have
have been,
been, at
at least,
least, 25 t0to 30 different women.
3O different

As outrageous
outrageous as
as it
it was,
was, II was more surprised at how indifferent
su1prised at indifferent these
these guys
guys were
about
about how obvious
obvious they
they were acting, but
were acting, but it
it occuned
occurred to
to me that
that many of the
the other
other
patrons-who
patrons—who were therethere with
with their
their friends or family
friends 0r family may not
not have been paying
as
as much attention
attention as me, as
as me, as II was by
by myself.
myself.

PLAINTIFFS’ SECOND AMENDED PETITION, APPLXCATION

PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING PAGE 10 0F
OF 27
ORDER, AND APPMCATION non TEMPORARY
APPLICATION FOR INJUNCHON
TEI\'IPORARY INJUNCTION
 49.
49. Creeped
Creeped out
out by this experience,
by this experience, she
she decides to cover
decides to cover up,
up, and not
not even t0
to get in
in the

pool. Eventually,
pool. Eventually, she
she goes back t0
goes back to the
the female's only area,
female’s only area, showers,
showers, and prepares to
to leave.
leave. As she

stands
stands naked
naked in
in front
front of her
her locker,
locker, she
she gets
gets a sudden shock.
shock.

After
AfterII cover
cover my body
body with
with lotion,
lotion, I then go to
I then to put on
0n my sundress,
sundl'ess, and then as
as II

am pulling
pulling it
it down,
down, II notice
notice that
that one of the employees was actually
0fthe actually several
several feet
feet

inside the locker

inside the locker room staring
staring atat me,
me, and what was a a really
really young woman,

between
between 16 16 and
and say her early
say her 20s. She was aa tall,
early 203. tall, thin,
thin, and Black
Black with aa short
shon afro.
afro.

She
She was wearing
wearing aa short, thin robe
short, thin robe that is open,
that is open, and that
that exposed her
her breasts,
breasts,
pubic genitalia. It
region, and genitalia.
pubic region, It was all Id
a1] open. Id.

50.
50. "What
“What are
are you
you doing
doing here?" Y.H. immediately
here?” Y.H. immediately demands of the intruder,
0f the intruder, Defendant John

Doe #4.
#4.

51.
51. The girl
girl immediately
immediately looks
looks up,
up, closes
closes her
her robes,
robes, and utters
utters in
in shock,
shook, "I
“I had no
n0 idea
idea

he was
he was here,"
here,” referring
referring to
to the
the man standing
standing only
only feet
feet from the
the bench where she was stationed.
stationed.

52. Y.H. then

52. Y.H. then shrieked
shrieked back,
back, "I don't know how long
“I don’t long he's been there.”
he’s been there." She further
further explains.
explains.

He then
then smiles,
smiles, like he is
like he is getting
getting away With
with something,
something, and says,
says, "Oops."
“Oops.” He then
takes
takes a
a few steps back toward
steps back toward the
the clear
clear glass doors leading
glass doors leading to
t0 the women's
the women’s

bathing room,
bathing room, and
and acts
acts as
as though
though he
he is
is adjusting
adjusting some part
part of the
the door,
door, like
like the
the

lock,
lock, or
0r a
a latch.
latch.

At that point,
At that point, the
the teen
teen or young woman hurries
or young hurries off
off then.
then. II was too
too scared
scared to
to even

finish
finish dressing
dressing where
Where II am,
am, soso II take
take the
the Spa Castle-issued
Castle-issued shorts,
shofis, and gog0 and put
put
them
them on inin aa bathroom stall.
stall. I
I do
do not
not even put
put 0n
on the
the T-shirt
T-shirt that
that Spa Castle
Castle

requires
requires you
you t0to wear,
wear, only
only my sundress,
sundress, and the
the shorts.
shorts. I have not even put on
I 0n my
own undergarments,
undergarments, but but II then tell other
then tell other women who had been in in different parts
different parts

of the locker
of the locker room thatthat II was
was going
going toto complain to
to the
the manager.

53.
53. Her complaints
Her to the
complaints to the front desk, though,
front desk, resulted in
though, resulted in no
n0 action.
action. She then goes back

to aa
to bathroom
bathroom stall where she
stall where she sat
sat on a toilet, shocked and angered.
a toilet, angered.

“WHAT DID YOU SAY?!"

"WHAT SAY?!”

APPUCATI0N FOR
PLAINTIFrs’ SECOND AMENDED PETITION, APPLICATION
PLAINTIFFS' F011 TEMPORARY RES'I'RAINING
RRSTRAINING PAGE ti
ll OF
0F 27
ANn APPLICATION FOR TEMPORARY INJUNCTION
ORDER, AND
 54.
54. Several minutes later,
Several minutes later, Y.H.
Y.H. received
received yet
yet another
another shock
shook when she
she overhears
overhears two

angry
angry female
female voices describing how two maintenance workers lurked
voices describing into the
lurked into the bathing
bathing house,
house, and

watched
watched and
and taunted the naked
taunted the naked women. "What
“What did you say?"
did you say?” Y.H. angrily “What did you
yells. "What
angrily yells. you

say?"
say?” Given
Given her previous experience,
her previous experience, she
she was stunned
stunned that
that others
others too
too would have
have endured the
the

same abuse.
abuse. She would soon learn
learn more of their
their own separate
separate ordeal..
ordeaL

55.
55. Friends
Friends for
for more than
than two decades,
decades, A.B.
A.B. and
and R.K.W. had
had come to
to Spa Castle
Castle that
that

day. For
day. more than
For more than five
five years,
years, they
they had
had been
been going
going to
to King Spa every
every other
other month or
01‘ so
so to
to unwind.

R.K.W. had
R.K.W. had been
been t0
to Spa Castle
Castle a
a few times, but this
times, but this was A.B.’s
A.B.'s first
first foray.
foray. What would happen at
at

the end
the end of their evening
of their evening would make neither
neither never want to
never want to return.
return.

56.
56. Close
Close to
to midnight the two
midnight the two were in
in the
the bathing
bathing house enjoying the water
enjoying the water jets
jets when

suddenly
suddenly and
and without
without notice, A.B. sees
notice, A.B. sees an employee,
employee, Defendant John Doe #5,
#5, standing
standing and

watching them
watching them only
only feet
feet away.
away.

57.
57. "What
“What the hell?" A.B.
the hell?” A.B. says in shock
says in shock and
and annoyance.
annoyance. See Affidavit
Affidavit ofA.B.
ofA.B.

58.
58. R.K.W. turns
turns and
and tells
tells and
and sees
sees the
the man just standing
manjust there looking
standing there looking at the two naked
at the

women.

59.
59. He tells
tells them that the area
that the area will
will be
be closing in "30
closing in minutes."
“30 minutes.”

60.
60. "You
“You couldn't
couldn’t holler
holler that
that from the
the door?"
door?” R.K. W. yells
R.K.W. back.
yells back.

61.
61. Ten minutes later,
Ten minutes the two
later, the two women are
are in
in the
the showers
showers getting
getting a
a quick rinse before
quick rinse before

heading to
heading t0 the locker room.
the locker room.

62.
62. Once again, A.B. announces
again, A.B. announces her
her shock.
shock. "What
“What the fuck. Now there
the fuck. there are
are two men in
in

here," Defendant
here,” Defendant John
John Doe #5,
#5, now joined
joined by
by another
another person,
person, Defendant John Doe #6.
#6.

63.
63.
I
R.K.W.
R.K.W. explodes
explodes with
With rage,
rage, and goes
goes to
to confront
confront the
the first
first intmder,
intwder, "because
“because [he]
[he]

would not
would not walk
walk away."
away.” See Afiidavit
Affidavit of R.K. W
0fR.K. W.

PLAINTIFFS' SECOND AMENDED PETITION, APPLICATION Iron

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ORDER, AND APPLICATION FOR TEMPORARY INJUNCTION
 II finished rinsing off
finished rinsing off and
and II hesitantly
hesitantly walked towards the the man because this
this man
would not
would not walk away.
away. II was still naked and II tried
still naked tried to
to cover
cover myself as
as much as
as II
could and II walked up
could up to
to him.
him. When II saw him,
him, II was furious.
furious.

II said
said "What
“What the
the hell
hell are
are you
you doing
doing in here? You went and
in here? and got your friend.
got your friend. Are you

serious?
serious? Are y’all
y'all some pervefis’?
perve1is? Why are
are you here?"
you here?”

He responded, “We have a right

responded, "We right to
to be here.”
here."

II said,
said, "I
“I don't
don’t care
care II need
need you
you to
t0 get
get out."
out.”

64.
64. Rather than
Rather than leave,
leave, the
the leering
leering intruders began to
intruders began t0 mock, and taunt
taunt the
the shocked,
shocked, and

enraged
enraged women. And still, they would not
still, they not leave.
leave.

65.
65. The women managed to
to retreat
retreat to the locker
to the locker room,
room, while the
the men continued to
to stare
stare

at
at the
the naked women through
through the glass, laughing.
the glass, laughing.

66.
66. R.K.W.'s righteous
R.K.W.’s righteous fury
fury soared
soared as
as the
the Defendant tried
tried to
to "stare
“stare me down, and bully
bully

me." Muscling the

me.” Muscling the women out
out of the bathing
0f the bathing house, the two men continued
house, the continued to
to laugh at
at them as
as

they
they locked
locked the
the door from the
the other
other side.
side.

In mind II was thinking,

In my mind thinking, what was the the need to to come in? in? The door that that they
they
entered from,
entered from, why couldn't
couldn’t one
one of
0f the
the men just
just yell
yell and ask
ask us
us to
t0 leave?
leave? Why
couldn't they
couldn’t they make an an announcement? Why couldn't they get
couldn’t they get a female worker?
They
They said
said we had
had thiliy
thiny minutes
minutes so
so why are
are they
they barging
barging in
in when we have more
than 15
than 15 minutes remaining? Instead,
minutes remaining? Instead, they just come in
they just in and look
100k straight
straight at
at our
our naked
bodies and
bodies and take pictures. At
take pictures. At this
this point,
point, Ashley
Ashley threw my dress dress at
at me. I tried to
Itried to cover
myself as
myself best as
as best as II could.
could. When he he locked
locked the
the door,
door, II was extremely
extremely upset,
upset, so II
stmied
stafled cursing
cursing and
and hitting
hitting the door. He was smirking
the door. smirking and laughing
laughing like
like "ha ha" As
“ha ha”
I was cursing
I cursing at at him,
him, II saw a a flash
flash coming from his his friend.
friend. The flash
flash was from his
his
friend's
friend’s cellphone.
cellphone. They both smirked.
They both smirked.

67. It was nem·

67. It near this
this time
time that A.B. remembered something important.
that A.B. important.

68.
68. "She
“She is
is in
in there,"
there,” A.B.
A.B. said referring to
said referring to another
another woman they
they had seen showering in
in

the
the bathing
bathing house.
house. All
A11 alone
alone with these two men, then,
with these then, was J.K.
J.K.

SECOND AMENDED PETITION,

PLAIN'J'IWS’ S1,:coND
PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING
PETmON, APPLJCATION PAGE 13
13 OF
0F 27
0mm“, AND APPLICATION FOR TEMPORARY IN.JUNCTION
ORDER, INJUNCTION
 “I LOOKED UP AND HE WAS JUST STARING AT ME."
"I ME.”

69.
69. Earlier,
Earlier, J.K.
J.K. had gone to
to the bathing area
the bathing to prepare
area to prepare to
to leave with her husband who

had gone
had gone to
t0 the mens' bathing
the mens’ bathing house to
t0 do the
the same.

70.
70. Obeying
Obeying the rules, she
the rules, she was completely
completely naked,
naked, and had gone to
t0 a sitting
sitting shower to
t0

bathe.
bathe. She
She sat
sat down,
down, and was washing
washing herself in the
herself in the open shower when she suddenly hears a voice
voice

say,
say, "What
“What are
are you
you doing “You can't
here?" "You
doing here?” be here."
can’t be Affidavit of
here.” See Affidavit JK.
0fJ.K.

71.
71. It
It was a Hispanic man who works at
a Hispanic at the
the Spa Castle.
Castle.

72.
72. She
She was shocked,
shocked, and speechless.
speechless. Her mind raced,
raced,

"I looked up
“I looked up and he was just
and he just staring
staring at
at me. He was standing
standing over me. II thought
maybe
maybe II accidently
accidently came toto the
the men's showers but
men’s that was not
but that not the case. He was
the case.
looking
looking at
at all
all of
0f my bodywmy
body-my breast,
breast, my butt,
butt, my crotch-in
crotch—in a lustful
lustful way,
way, which
made me feel
feel threatened.
threatened. He was looking
looking at
at me for
for way too
too long.
long. This man was in
in

the
the lady's
lady’s bathing
bathing area.
area.

73.
73. Though she
she was by
by herself, her intruder
herself, her intruder was not.
not.

There
There was another
another employee
employee of 0f the
the Spa Castle,
Castle, another
another man, who was standing
fu1iher
further behind.
behind. I
I was horrified
horrified and afraid.
afraid. I
I felt
felt intimidated,
intimidated, disrespected and
extremely
extremely violated.
violated. II thought
thought these
these men were
were serial
serial killers
killers and I had to
Ihad t0 follow their
their
orders.
orders.

74.
74. She
She tried
tried to
t0 cover up the
cover up best that
the best that she could, but
she could, but was unable.
unable. Spa Castle
Castle does not

issue
issue large towels, and
large towels, and discourages
discourages towel
towel usage
usage in the bathing
in the bathing house,
house, saving the
the company money

in
in laundry,
laundry, and
and cleaning
cleaning services.
services. The spa
spa issues
issues small
small towels
towels at designated times in
at designated in the
the locker

room.
1‘0 Oln .

75.
75. She told Defendant
She told Defendant John
John Doe #5 or #6
#5 or #6 to
to please
please go away,
away, telling
telling him that
that ifhe
if he left,
left,

so
so would she.
she. He told
told her
her no,
n0, insisting
insisting she
she leave first.
first.

II felt
felt like
like II was in
in a
a cage,
cage, trapped
trapped by these two men. II felt
by these felt exposed and violated.
violated.
The
The other
other man standing
standing fmiher
further behind kept looking
behind kept looking at
at me. The man who talked
talked to
to
me was still extremely close
was still extremely close t0 to me. He was within
within mms
arms distance.
distance. He didn't
didn’t have to
to
stand
stand there, but he
there, but he did.
did. He kept
kept looking at
at me.

PLAINTIFFS' APPLICATION FOR

PLAINTIFFs’ SECOND AMENDED PETITION, APPLlCA'rION Tmmomnv
F012 TEMPORARY RESTRAININC
RESTRAINING PAGE 14 Ol'
01: 27
2.7

ORDER, AND APPLICATION FOR TEMPORARY INJUNCTION

 76.
76. J.K.'s
J.K.’s terrifying
terrifying encounter
encounter gets
gets interrupted
interrupted when she
she hears
hears someone yelling
yelling to
t0 this
this

man.
man. She
She hun-ies
hurries to
t0 finish,
finish, and
and escape,
escape, but
but her
her antagonists
antagonists go
g0 even fa1ther.
famher.

HERE!”
“ALL THE PUSSIES NEED TO GET OUT OF HERE!"
"ALL

77.
77. While trying
While trying to
to cover
cover her naked body,
her naked body, she
she attempts
attempts to
t0 retreat
retreat from the bathing house
the bathing house

to
to the
the locker room, much like
locker room, A.B. and
like A.B. and R.K. W. had done before
R.K.W. before her, but the
her, but the men would not let
let her

leave.
leave. One would
would not
not move out
out of her way.
0f her way. He only turned slightly,
only turned slightly, so that she would have t0
so that to

"squeeze"
“squeeze” her
her wet,
wet, naked body
body past
past his
his own.

78.
78. By
By this
this time,
time, J.K.
J.K. comes into
into the
the confrontation that A.B. and R.K.W. were having
confrontation that

with the
with two employees.
the two employees.

79.
79. J.K.
J.K. hears
hears R.K.W. complain that the
complain that the men can
can see
see "everything,"
“everything,” and graphically
graphically details
details

what she
What means.
she means.

80.
80. This
This only incites that
only incites that Defendant, yells at
Defendant, who yells at the
the women, "All
“All the
the pussy's
pussy’s need t0
to
get
get out
out of here."
0f here.”

81.
8 1. J.K. retreats further
J.K. retreats further to
t0 the
the restroom,
restroom, because that
that is
is the only place
the only place where she thinks
thinks

she
she can
can hide.
hide. She
She eventually dresses, and
eventually dresses, joins the
and joins the other
other women.

MANAGER.”
“KEITH, II CALLED AND EMAILED, AND NEVER HEARD FROM A MANAGER."
"KEITH,

82.
82. Hearing the
Hearing the angry
angry cries
cries from the
the plaintiffs,
plaintiffs, other
other women in the locker room
in the

converge.
converge. While
While R.K.W. rants,
rants, and
and J.K.
J.K. cries in terror
cries in terror repeatedly
repeatedly saying,
saying, "Only
“Only my husband has

seen
seen me naked,"
naked,” Y.H. begins gathering
Y.H. begins names and
gathering names and numbers of witnesses who saw,
of witnesses saw, or
01‘ heard the
the

incidents,
incidents, and
and aftermath.
aftermath.

83.
83. The women head
The head to the front
to the front desk to complain as
desk to as Y.H. had before.
before. The "Night
“Night

Audit, Keith," aa young

Audit, Keith,” young African-American
African—American male tries
tries to
t0 field the angry
field the angry complaints,
complaints, and they
they

collectively
collectively demand
demand that
that a
a manager
manager come forward.
forward. Keith
Keith calls
calls a
a manager,
manager, who is
is unresponsive,
unresponsive,

and
and tempers
tempers flare
flare even more-but not
even morewbut before Plaintiffs
not before Plaintiffs learn yet more about
learn yet about Spa Castle.
Castle.

PLAIN'rm-‘s’ SECOND AMENDED PETITION, APPLICATION

PLAINTIFFS' TEMPORARY RESTRAINING
Iron 'fEI\'IPORARY
APPLICATlON FOR PAGE 15
15 OF
0F 27
ORDER, AND APPLICATION FOR TEMPORARY INJUNCTION
INJUNC‘I'ION
 84.
84. At one
one point,
point, another
another woman comes from downstairs to inform
downstairs to inform the
the hapless
hapless Night

Audit
Audit of
of an unrelated matter
an unrelated matter upstairs.
upstairs. Hearing the
the womens’
womens' collective complaints of
collective complaints 0f sexual
sexual

harassment,
harassment, the
the woman chimes in
in to
t0 say,
say, "Keith, the same thing
“Keith, the thing happened to
to me weeks ago,
ago, and II

never heard from the

never heard the management,"
management,” even though she had called,
called, and emailed.
emailed.

85.
85. The matter
matter reached
reached a climax, though,
a climax, though, after
after J .K. emerged from the
J.K. the locker room, and
locker room,

her
her husband,
husband, who had witnessed
witnessed the
the tumult
tumuit in
in the
the lobby
lobby now became aware that
that his
his wife had been

one of the targets

0f the targets for
for the
the filthy
filthy abuse.
abuse.

86.
86. Keith informs the
Keith informs the group that
that the
the manager instructed
instructed them to just "send
t0 just “send an email,"
email,”

and
and he
he would address
address the
the matter
matter the
the following day. Hearing that,
following day. that, J.K.'s
J.K.’s husband calls
calls 9-1-1.
9-1-1. When

the
the Canollton
Can‘ollton Police
Police arrive, they provide
arrive, they provide little
little help.
help.

87.
87. They
They refuse to aid
refuse to aid the in identifying
the women in their assailants,
identifying their assailants, or
01‘ gathering other
gathering other

evidence.
evidence. Indeed, they attempt
Indeed, they to discourage
attempt to discourage about the utility
about the utility of
0f issuing
issuing citations.
citations. The only thing
only thing

that the police

that the police say
say of
0f any use is
any use that they
is that they come to
to Spa Castle “a lot,"
Castle "a lot,” to
to answer similar
similar complaints.

88.
88. In
In the
the days
days that
that followed,
followed, J.K.
J.K. and her
her husband communicated via
via telephone
telephone with
with

aa person purporting to
person purporting to be
be Steven Chon himself.
himself.

89.
89. had heard
He had heard about
about the complaints, and asked the
the complaints, the couple What
what it take to
it would take t0

have closure
closure to
to the
the matter.
matter.

0F THE INTRUDERS WAS A MANAGER

ONE OF

90.
90. Since
Since filing
filing of
of suit, Plaintiffs have
suit, Plaintiffs have learned
learned that one of the
that one the Defendants,
Defendants, on
0n

information
information and belief, is
and belief, is either
either John Doe
Doe## 5
5 or
or #6.
#6.

91.
91. Defendants
Defendants maintain
maintain that
that have
have taken
taken responsive
responsive action
action by
by terminating
terminating "Angelita"
“Angelito”

Hernandez,
Hernandez, an
an assistant
assistant manager who entered the womens’
entered the womens' only
only areas
areas without
without notice.
notice.

PETITION, APPLICATION FOR TEMPORARY RESTRAINING

SECOND AMENDED PETITION,
PLAINTIFFS’ SECONDAMENDlm
PLAINTIFFS' PAGE 16
16 OF27
0v 27
170R TEMPORARY
ORDER, AND APPLICATION FOR TEi\IPORARY INJUNCTION
 MANAGER IDENTIFIES ANOTHER SPA CASTLE EMPLOYEE AND UNNAMED
CONTRACT MAINTENANCE WORKERS AS OTHER JOHN DOES

92.
92. In
In written
written connnunications
communications from Hernandez to
to other
other members of Spa Castle
Castle

management, obtained
management, obtained in written
in written discovery, the
discovery, the fired
fired assistant
assistant manager identified
identified another
another of
of the
the

John Does,
Does, as
as Defendant
Defendant Robert
Robefi Rocha,
Rocha, a
a maintenance worker employed by
by Spa Castle.
Castle.

93.
93. Hernandez
Hemandez further
further identified
identified still
still unnamed employees
employees of Braxton Building
Building

Mainteance
Mainteance as
as one
one more of the remaining
0f the John Doe Defendants.
remaining John Defendants.

WOMEN WERE BY NO
THE FOUR WOMEN N0 MEANS THE FIRST
94.
94. The unidentified
unidentified woman in
in the robe who complained to
the robe to "Keith"
“Keith” weeks before
before

Plaintiffs
Plaintiffs was not
not the
the first
first to
t0 sound the alarm
sound the to Spa Castle's
alarm t0 Castle’s management.

95.
95. On February 14,
0n February 14, 2017,
2017, PlaintiffL.V.
Plaintiff L.V. went to
t0 the
the Carrollton
Carrollton location
location for
for an evening

of
of relaxation.
relaxation. She
She had
had been to the
been to the location,
location, and
and had
had encountered problems there
encountered problems before-including
there before—including

one
one where staff
staff had
had locked
locked her
her in
in the bathing area
the bathing naked by
area naked by herself-but nothing akin
herselfmbut nothing to what
akin t0

would happen
happen late
late that
that Valentine's
Valentine’s Day in
in the
the locker
locker room. Until
Until that day, she
that day, she says,
says, "I had no idea
“I had idea

that
that you
you could rape somebody with
could rape with your
your eyes
eyes until
until my experience
experience at
at the
the Spa Castle."
Castle.”

96.
96. The young
young woman explains what happened
explains What happened after
after leaving
leaving a
a shower,
shower, and heading
heading

back "nude"
back before preparing
“nude” before preparing to
to leave.
leave. She sees
sees "a
“a shadow from the
the corner"
corner” from the
the corner
corner of

her
her eye,
eye, but
but does not think
does not think "too
“too much of it," because
0f it,” because she
she Ithought
hought she in aa safe
she was in safe place.
place.

97.
97. Shmily thereafter she
Shortly thereafter she is
is distracted
distracted as
as she
she digging through her
digging through her bag
bag for
for her
her belongings
belongings

when she
she suddenly
suddenly and
and looks
looks up,
up, and
and becomes outraged. She
becomes outraged. She sees
sees a
a maintenance worker "holding
maintenance worker “holding

aa blue
blue ladder," who had
ladder,” Who had stopped,
stopped, and
and stood to leer
stood to leer at her 5'
at her 5’ 10"
10” naked frame from top
top to bottom.
t0 bottom.

98.
98. "What
“What the
the fuck?"
fuck?” she blurts instantly.
she blurts instantly.

PE’I‘I’I‘ION, APPLICATION FOR TEMPORARY

PLAINTIFFS’ SECOND AMENDED PETITION,
PLAINTIFFS' TEl\'IPORARY RESTRAIMNG
RESTRAINING PAGE 17
l7 OF
0|? 27

TEMPORARY INJUNCTION
ORDER, AND APPLICATION FOR TE!\'IPORARY
 99.
99. She tries to
She tries cover herself
to cover instantly from the
herself instantly the "ogling man," whose "eyes
“ogling man,” “eyes went up

and
and down [her],
[her], from my feet to my private
feet to private areas
areas to breast and face."
t0 my breast face.”

looked at
He looked up and
at me up and down,
down, repeatedly.
repeatedly. After
After that,
that, he just
just smirked. This man
made no
n0 effort to apologize.
effort to apologize. He did
did not
not say
say a
a word. He just
just smirked,
smirked, and left. It
left. It

seemed to
t0 me that
that he was moved by
by what he
he saw. It was beyond disrespectful
saw. It disrespectful on
multiple levels.
multiple levels. I felt harassed
Ifelt harassed and violated.
violated.

I100.
00. Like the
Like the other
other Plaintiffs,
Plaintiffs, she
she too
too felt
felt humiliated,
humiliated, helpless,
helpless, and enraged. For weeks,

it
it interfered with her
interfered with her work,
work, and continues
continues to
to interfere
interfere with her life.
life.

0N TRADITION OF CARELESSNESS
SPA CASTLE CARROLLTON CARRIES ON

101.
101. Like the
Like the other
other four plaintiffs would some four
four plaintiffs four months later,
later, L.V.
L.V. goes to the front
t0 the front

desk
desk to
to complain,
complain, once
once she
she is
is dressed.
dressed. She
She is
is told
told that
that there
there is
is no manager on
0n the premises, but
the premises, but one

would contact
contact her the following
her the day. In
following day. In the
the days
days and weeks thereafter,
thereafter, Plaintiff goes back to
Plaintiff goes t0 Spa

Castle,
Castle, and
and speaks
speaks with
with manager Johnathan Hunt. She had had previous email exchanges with
Johnathan Hunt.

another
another manager,
manager, and
and felt
felt that
that Spa
Spa Castle
Castle had
had been
been unresponsive. Face to
unresponsive. Face to face
face communication, she

hoped,
hoped, would produce change.
would produce hopes were dashed,
change. Her hopes dashed, though,
though, as
as Spa Castle
Castle took no remedial
n0 remedial

action.
action.

I102.
02. In
In the
the present
present instance,
instance, at
at least,
least, two managers,
managers, Mr. Hunt and Mr.
Mr. Canedo, were

previously placed on
previously placed notice of
0n notice of the risks posed to
the risks to four
four out
out of five
five of
0f the
the Plaintiffs.
Plaintiffs. Even worse,
worse, it
it

was aa manager himself-Angelito Hernandez-who

manager himself—Angelito Hernandez—who entered the womens'
entered the womens’ areas
areas where he leered,
leered,

laughed,
laughed, and direct
direct taunts
taunts at
at naked women.

103.
103. These
These five
five plaintiffs,
plaintiffs, and
and many unidentified
unidentified victims
victims of
0f Defendants'
Defendants’ rampant

voyeurism
voyeurism are,
are, by
by no means, the
no means, the only
only casualties
casualties of Spa Castle
Castle Can-ollton.
Carrollton.

104.
104. On May 16, 2016, aa year
16, 2016, year before
before the
the four
four Plaintiffs
Plaintiffs went to
to Spa Castle,
Castle, a patron
patron was

patron
patron Michael
Michael Richey
Richey went
went to
to Spa
Spa Castle
Castle was killed
killed in
in one of the saunas.
0fthe saunas. The 0n
on otherwise
otherwise healthy
healthy

male
male died
died of
of "hyperthermia"
“hyperthermia” from the
the unsafe
unsafe conditions
conditions of
of Spa Castle's
Castle’s saunas,a
saunas,a as
as alleged in
in

PLAJN'I'IFFS’ SECOND AMENDED

PLAINTIFFS' AlHENDED PETITION, APPLICATION FOR TEMPORARY RESTRAINING PAGE 18 OF27
017 27

ORDER, AND APPLICATION FOR TEMPORARY INJUNCTION

 “I LOOKED UP AND HE WAS JUST STARING AT ME."
"I ME.”

69.
69. Earlier,
Earlier, J.K.
J.K. had gone to
to the bathing area
the bathing to prepare
area to prepare to
to leave with her husband who

had gone
had gone to
t0 the mens' bathing
the mens’ bathing house to
t0 do the
the same.

70.
70. Obeying
Obeying the rules, she
the rules, she was completely
completely naked,
naked, and had gone to
t0 a sitting
sitting shower to
t0

bathe.
bathe. She
She sat
sat down,
down, and was washing
washing herself in the
herself in the open shower when she suddenly hears a voice
voice

say,
say, "What
“What are
are you
you doing “You can't
here?" "You
doing here?” be here."
can’t be Affidavit of
here.” See Affidavit JK.
0fJ.K.

71.
71. It
It was a Hispanic man who works at
a Hispanic at the
the Spa Castle.
Castle.

72.
72. She
She was shocked,
shocked, and speechless.
speechless. Her mind raced,
raced,

"I looked up
“I looked up and he was just
and he just staring
staring at
at me. He was standing
standing over me. II thought
maybe
maybe II accidently
accidently came toto the
the men's showers but
men’s that was not
but that not the case. He was
the case.
looking
looking at
at all
all of
0f my bodywmy
body-my breast,
breast, my butt,
butt, my crotch-in
crotch—in a lustful
lustful way,
way, which
made me feel
feel threatened.
threatened. He was looking
looking at
at me for
for way too
too long.
long. This man was in
in

the
the lady's
lady’s bathing
bathing area.
area.

73.
73. Though she
she was by
by herself, her intruder
herself, her intruder was not.
not.

There
There was another
another employee
employee of 0f the
the Spa Castle,
Castle, another
another man, who was standing
fu1iher
further behind.
behind. I
I was horrified
horrified and afraid.
afraid. I
I felt
felt intimidated,
intimidated, disrespected and
extremely
extremely violated.
violated. II thought
thought these
these men were
were serial
serial killers
killers and I had to
Ihad t0 follow their
their
orders.
orders.

74.
74. She
She tried
tried to
t0 cover up the
cover up best that
the best that she could, but
she could, but was unable.
unable. Spa Castle
Castle does not

issue
issue large towels, and
large towels, and discourages
discourages towel
towel usage
usage in the bathing
in the bathing house,
house, saving the
the company money

in
in laundry,
laundry, and
and cleaning
cleaning services.
services. The spa
spa issues
issues small
small towels
towels at designated times in
at designated in the
the locker

room.
1‘0 Oln .

75.
75. She told Defendant
She told Defendant John
John Doe #5 or #6
#5 or #6 to
to please
please go away,
away, telling
telling him that
that ifhe
if he left,
left,

so
so would she.
she. He told
told her
her no,
n0, insisting
insisting she
she leave first.
first.

II felt
felt like
like II was in
in a
a cage,
cage, trapped
trapped by these two men. II felt
by these felt exposed and violated.
violated.
The
The other
other man standing
standing fmiher
further behind kept looking
behind kept looking at
at me. The man who talked
talked to
to
me was still extremely close
was still extremely close t0 to me. He was within
within mms
arms distance.
distance. He didn't
didn’t have to
to
stand
stand there, but he
there, but he did.
did. He kept
kept looking at
at me.

PLAINTIFFS' APPLICATION FOR

PLAINTIFFs’ SECOND AMENDED PETITION, APPLlCA'rION Tmmomnv
F012 TEMPORARY RESTRAININC
RESTRAINING PAGE 14 Ol'
01: 27
2.7

ORDER, AND APPLICATION FOR TEMPORARY INJUNCTION

 VI.
VI. CAUSES OF ACTION

HERNANDEZ. ROBERT ROCHA

DEFENDANTS ANGELITO HERNANDEZ,

AND JOHN DOES 1-5

A. INTRUSION ON SECLUSION

I109.
09. Plaintiffs
Plaintiffs reallege,
reallege, and incorporate the
and incmporate the facts previously stated.
facts previously stated. Defendants

individually,
individually, and in
in concert
concert with
with one another,
another, intentionally, knowingly, recklessly,
intentionally, knowingly, recklessly, and negligently
negligently

intruded
intruded on the
the Plaintiffs'
Plaintiffs’ solitude,
solitude, seclusion, or private
seclusion, 01‘ private affairs.
affairs. Each and any
any intrusion
intrusion would be

highly
highly offensive
offensive to
to a reasonable person.
a reasonable person. Each Plaintiff
Plaintiff suffered
suffered injury
injury as
as a result
result of the Defendants’
0fthe Defendants'

individual
individual intrusions.
intrusions.

B.
B. 0F EMOTIONAL DISTRESS
INTENTIONAL INFLICTION OF

110.
110. Plaintiffs reallege,
Plaintiffs reallege, and
and incorporate the facts
incorporate the previously stated.
facts previously Defendants acted
stated. Defendants acted

intentionally
intentionally and recklessly. Plaintiff suffered
recklessly. Each Plaintiff suffered severe
severe emotional
emotional distress.
distress. Defendants'
Defendants’

individual
individual and collective conduct
and collective conduct was extreme
extreme and outrageous. Defendants'
and outrageous. Defendants’ conduct proximately
proximately

caused
caused the
the Plaintiffs'
Plaintiffs’ individual
individual and
and collective
collective emotional distress. No alternative
emotional distress. alternative cause
cause of action
action

would provide
provide a remedy for
a remedy for the
the severe
severe emotional distress
distress caused by
by the Defendants' individual
the Defendants’ individual

and collective
collective conduct.
conduct.

C.
C. FALSE IMPRISONMENT
IMPIUSONMENT AND UNLAWFUL RESTRAINT

111.
111. Plaintiffs reallege,
Plaintiffs reallege, and incorporate the facts
incorporate the previously stated.
facts previously the hands of
stated. At the 0f two

of
0f the John Does,
the John Does, Plaintiffs J.K., A.B.,
Plaintiffs J.K., A.B., and R.K.W., L.V,
and R.KVW., L.V, suffered
suffered False
False Imprisonment.
Imprisonment. Those

Defendants by
Defendants by their
their acts
acts and words effected
and words effected caused
caused these
these three
three Plaintiffs
Plaintiffs to
t0 suffer
suffer (I)
(1) a willful
willful

detention;
detention; (2) performed without
(2) performed without consent;
consent; and (3) without the
(3) without the authority oflaw.
authority of lawA

112.
112. These Defendants likewise intentionally
Defendants likewise intentionally and knowingly
knowingly restrained
restrained these Plaintiffs,
these Plaintiffs,

and
and exposed them to
exposed them t0 substantial
substantial risk
risk of serious
serious bodily injury. See
bodily injury. See Tex.
Tex. Pen.
Pen. Code §
§ 20.02(a).
20.02(a).

PLAIN‘I'nws’ SECOND AMENDED PETITION, APPLICATION FOR TEMPORARY RES’mAINING

PLAINTIFFS' RI~STRAINING PAGE 20 OF
0F 27
ORDER, AND APPLICATION
APPLXCATION FOR TEMPORARY INJUNCTION
INJUNC'I'ION
D.
D. AIDING & ABETTING

1113.
I 3. Plaintiffs
Plaintiffs reallege,
reallege, and
and incorporate
incorporate the
the facts previously stated.
facts previously stated. At disparate times,
times,

Defendants acted
Defendants acted separately,
separately, and collectively.
collectively. In
In one or
or more instances,
instances, one or
01‘ more of the
the John
John

Doe Defendants
Defendants was the
the primary
primary actor
actor who committed some specific
specific tortious
tortious conduct. One or
or

more of
more 0f the
the other
other Defendants
Defendants had
had knowledge that primary actor's
that primary actor’s conduct constituted
constituted a tort. One
a tort.

or
0r more of
more the Defendants
of the Defendants gave the primary
gave the primary actor
actor assistance
assistance or
0r encouragement. The Defendant(s)’
Defendant(s )'

encouragement
encouragement or assistance was aa substantial
0r assistance substantial factor
factor in
in causing the
the t01t.
tort.

114.
114. Plaintiffs
Plaintiffs reallege,
reallege, and
and incorporate the facts
incorporate the previously stated.
facts previously stated. At disparate times,

Defendants acted
Defendants acted separately,
separately, and collectively.
collectively. In
In one or
or more instances,
instances, a Defendant was the

primary actor
primary actor who accomplished
accomplished a
a tortious result. One or
tortious result. or more of the
the other
other Defendants provided

substantial
substantial assistance
assistance to
to the primary actor
the primary actor in
in accomplishing the
the tortious
tortious result. Defendant's own
result. Defendant’s

conduct, separate
conduct, separate from
from the primary actor's,
the primary actor’s, was a breach of duty
a breach duty owed to
to one or
01' more of the

Plaintiffs. Each
Plaintiffs. Each Defendant's
Defendant’s participation
participation was a
a substantial
substantial factor
factor in
in causing the
the tort.
tort.

E.
E. CONCERT OF ACTION

115.
115. Plaintiffs
Plaintiffs reallege,
reallege, and
and incorporate
incorporate the
the facts previously stated.
facts previously Defendants
stated. Defendants

individually
individually and
and collectively
collectively committed intentional
intentional torts
torts and were grossly
grossly negligent.
negligent. The tmts
torts

were highly
were highly dangerous, deviant, or
dangerous, deviant, 01‘ antisocial
antisocial group activity
activity likely cause (1)
to cause
likely t0 (1) serious
serious injury
injury or
0r

death
death to
to a
a person, or (2)
person, 01‘ (2) ce1tain
cefiain harm to
t0 a
a large
large number of people. Each Defendant agreed explicitly
ofpeople. explicitly

and
and tacitly
tacitly to
to cooperate
cooperate in
in a
a pmticular
particular plan
plan or
or to
to accomplish a pmticular result.
a palticular result. Each Defendant's
Defendant’s

own conduct
conduct was tortious.
tortious. The tortious
tortious conduct of
0f each Defendant and another actor caused one

or
or more of the Plaintiffs'
ofthe Plaintiffs’ separate injuries.
separate injuries.

PLAINTxFFs’ SECOND AMENDED

PLAINTIFFS' APPLICA‘I‘ION IIOR
Ai\'IENDED PETITION, APPLICATION TEl\-IPORARY RESTRMNING
I-‘on TEMPORARY RESTRAINING PAGE 21 0F 27
21 OJ•' 27
ORDER, AND APPLICATION FOR[won TEMPORARY INJUNCTION
F.
F. CONSPIRACY

116.
1 16. Plaintiffs reallege,
Plaintiffs reallege, and incorporate
incorporate the
the facts previously stated.
facts previously stated. Each Defendant was

aa member of
of a combination of
0f two or
01‘ more persons.
persons. The object
object of the
the combination was to
t0

accomplish (1)
(1) an unlawful
unlawful purpose,
purpose, or
01' (2) a lawful purpose
(2) a lawful by unlawful
pmpose by unlawful means. The members had

aa meeting
meeting of the minds on the
ofthe the object
obj ect or
or course
course of action.
action. One or
01‘ more of the Defendants committed
0fthe

an
an unlawful,
unlawful, overt
overt act
act to
t0 further the object
further the object or
or course
course of action.
action. One or
01‘ more of the Plaintiffs
the Plaintiffs

suffered injury as
suffered injury as a proximate result
a proximate result of the wrongful act.
0fthe act.

BRAXTON CONTRACT MAINTENANCE

A.
A. RESPONDEAT SUPERIOR

117.
117. Plaintiffs
Plaintiffs reallege,
reallege, and incorporate the facts
incorporate the previously stated.
facts previously stated. At all
all times
times

relevant
relevant to
t0 this
this litigation,
litigation, John Does identified by Defendant Angelito Hernandez
identified by Hemandez included

employees
employees in
in the course, and the
the course, the scope
scope of
0f their
their employment for
for Defendant Braxton Contract
Contract

Maintenance. Defendant is
Maintenance. Defendant is thus vicariously liable
thus vicariously liable as
as Plaintiffs
Plaintiffs expressly plead the
expressly plead the doctrine
doctrine of
0f

respondeat
respondeat superior.
superior.

B. NEGLIGENT HIRING
B.

118.
118. Plaintiffs
Plaintiffs reallege,
l‘eallege, and incorporate the facts
incorporate the previously stated.
facts previously stated. Defendants owed

Plaintiffs
Plaintiffs a
a legal
legal duty
duty to
to hire,
hire, supervise,
supervise, train,
train, and retrain competent
and retrain competent employees.
employees. Defendants

breached those
those duties.
duties. Those breaches
breaches proximately
proximately caused Plaintiffs'
Plaintiffs’ injury.
injury.

SECONDAMENDED
PLAINTIFFS’ SECOND
PLAINTIFFS' AMENDED PETITION, APPLICATION FOR ron TEMPORARY RESTRAINING PAGE 22 OF27
0F 27
TEMPORARY INJUNCTION
ORDER, AND APPLICATION FOR TEi'+'IPORARY INJUNC'I'ION
 MANAGER IDENTIFIES ANOTHER SPA CASTLE EMPLOYEE AND UNNAMED
CONTRACT MAINTENANCE WORKERS AS OTHER JOHN DOES

92.
92. In
In written
written connnunications
communications from Hernandez to
to other
other members of Spa Castle
Castle

management, obtained
management, obtained in written
in written discovery, the
discovery, the fired
fired assistant
assistant manager identified
identified another
another of
of the
the

John Does,
Does, as
as Defendant
Defendant Robert
Robefi Rocha,
Rocha, a
a maintenance worker employed by
by Spa Castle.
Castle.

93.
93. Hernandez
Hemandez further
further identified
identified still
still unnamed employees
employees of Braxton Building
Building

Mainteance
Mainteance as
as one
one more of the remaining
0f the John Doe Defendants.
remaining John Defendants.

WOMEN WERE BY NO
THE FOUR WOMEN N0 MEANS THE FIRST
94.
94. The unidentified
unidentified woman in
in the robe who complained to
the robe to "Keith"
“Keith” weeks before
before

Plaintiffs
Plaintiffs was not
not the
the first
first to
t0 sound the alarm
sound the to Spa Castle's
alarm t0 Castle’s management.

95.
95. On February 14,
0n February 14, 2017,
2017, PlaintiffL.V.
Plaintiff L.V. went to
t0 the
the Carrollton
Carrollton location
location for
for an evening

of
of relaxation.
relaxation. She
She had
had been to the
been to the location,
location, and
and had
had encountered problems there
encountered problems before-including
there before—including

one
one where staff
staff had
had locked
locked her
her in
in the bathing area
the bathing naked by
area naked by herself-but nothing akin
herselfmbut nothing to what
akin t0

would happen
happen late
late that
that Valentine's
Valentine’s Day in
in the
the locker
locker room. Until
Until that day, she
that day, she says,
says, "I had no idea
“I had idea

that
that you
you could rape somebody with
could rape with your
your eyes
eyes until
until my experience
experience at
at the
the Spa Castle."
Castle.”

96.
96. The young
young woman explains what happened
explains What happened after
after leaving
leaving a
a shower,
shower, and heading
heading

back "nude"
back before preparing
“nude” before preparing to
to leave.
leave. She sees
sees "a
“a shadow from the
the corner"
corner” from the
the corner
corner of

her
her eye,
eye, but
but does not think
does not think "too
“too much of it," because
0f it,” because she
she Ithought
hought she in aa safe
she was in safe place.
place.

97.
97. Shmily thereafter she
Shortly thereafter she is
is distracted
distracted as
as she
she digging through her
digging through her bag
bag for
for her
her belongings
belongings

when she
she suddenly
suddenly and
and looks
looks up,
up, and
and becomes outraged. She
becomes outraged. She sees
sees a
a maintenance worker "holding
maintenance worker “holding

aa blue
blue ladder," who had
ladder,” Who had stopped,
stopped, and
and stood to leer
stood to leer at her 5'
at her 5’ 10"
10” naked frame from top
top to bottom.
t0 bottom.

98.
98. "What
“What the
the fuck?"
fuck?” she blurts instantly.
she blurts instantly.

PE’I‘I’I‘ION, APPLICATION FOR TEMPORARY

PLAINTIFFS’ SECOND AMENDED PETITION,
PLAINTIFFS' TEl\'IPORARY RESTRAIMNG
RESTRAINING PAGE 17
l7 OF
0|? 27

TEMPORARY INJUNCTION
ORDER, AND APPLICATION FOR TE!\'IPORARY
 124.
124. At the
the conclusion
conclusion of trial,
trial, Plaintiffs urge that
Plaintiffs urge that the
the Temporary Injunction
Injunction be made

Permanent, but
Permanent, but modified if necessary.
modified if necessary.

VIII.
VIII. ACTUAL DAMAGES

125.
125. As aa result
result of the
the incident
incident described herein, Plaintiffs
described herein, Plaintiffs incurred reasonable and
incurred reasonable

necessary medical
necessary medical and or
or mental
mental healthcare
healthcare expenses and,
and, in
in all reasonable probability,
all reasonable probability, such

medical expenses
medical will continue
expenses will continue in
in the
the future. Plaintiffs have experienced mental anguish,
future. Plaintiffs anguish,

humiliation,
humiliation, fright,
fright, shock,
shock, and emotional
emotional distress
distress in
in the past as
the past as a
a result
result of
0f Defendants'
Defendants’ conduct,

and,
and, in all reasonable
in all reasonable probability,
probability, will
will sustain mental anguish in
sustain mental the future.
in the future. Plaintiffs
Plaintiffs have suffered

lost wages and/or

lost wages and/or lost
lost earning capacity in
earning capacity the past
in the past as
as a
a result
result of Defendants'
Defendants’ egregious
egregious acts
acts and,
and, in
in

all reasonable probability,

all reasonable probability, such
such lost
lost earning
earning capacity
capacity will
will continue in
in the
the future.
future.

IX.
IX. EXEMPLARY DAMAGES

ANGELITO HERNANDEZ, ROBERTO ROCHA AND JOHN DEFENDANTS

126.
126. Plaintiffs
Plaintiffs incorporate
incorporate all previous ave1ments.
all previous avennents. Defendants Hernandez, Rocha and

John Does committed

John committed a
a series
series of intentional
intentional tmts against the
toms against the Plaintiffs. In doing
Plaintiffs. In doing all
all the
the acts
acts alleged

herein, Defendants acted

herein, with aa specific
acted With specific intent to cause substantial
intent t0 injury t0
substantial injury to the
the Plaintiffs.
Plaintiffs.

Defendants committed
Defendants committed outrageous
outrageous and
and socially
socially deviant
deviant acts
acts with malice,
malice, and otherwise engaged

in
in wanton and
and willful
willful conduct
conduct or
01' conscious
conscious indifference
indifference throughout their
their interactions with
interactions with

Plaintiffs.
Plaintiffs.

127.
127. More than
than one
one of the Defendants
of the Defendants violated
violated more than
than one criminal
criminal statute
statute aimed at
at

protecting patties
protecting palties from privacy
privacy intrusions. Defendants for
intrusions. Defendants a lewd purpose,
for a purpose, while on the premises

of
of a
a public place, looked
public place, looked into,
into, and entered,
entered, restrooms,
restrooms, shower stalls,
stalls, and changing or
0r dressing
dressing

rooms designed to provide

designed to provide privacy
privacy for
for individuals.
individuals. Tex. Pen. Code §
Tex. Pen. 42.01 (C). These Defendants
§ 42.01(C).

PLAINTIFFS’ SECOND AMENDED

PLAINTIFFS' A!\H<:NDED PETITION, APPLICATION FOR 'l‘EMPonARY RESTRAINING
160R TEMPORARY PAGE24
PAGE 24 OF27
0F 27
ORDER, AND APPLICATION FOR TEMPORARY INJUNCTION
likewise
likewise intentionally
intentionally and knowingly restrained these Plaintiffs,
restrained these Plaintiffs, and exposed them to
t0 substantial
substantial

risk
risk of
0f serious bodily injury.
serious bodily See Tex.
injury. See Pen. Code§
Tex. Pen. Code § 20.02(a).
20.02(a).

128.
128. In
In addition,
addition, or
01‘ alternatively,
alternatively, Hernandez and each John Doe likewise acted with

gross negligence as
gross negligence as either
either one or both of
01‘ both the defendants committed one or
0fthe 0r more acts
acts or
01‘ omissions.

These
These acts or omissions,
acts 01‘ omissions, when viewed
Viewed from the Defendants' point at
the Defendants’ at the
the time of its
its occmrnnce
occurrence

involved
involved an
an extreme
extreme degree
degree of
0f risk, considering the
risk, considering probability and
the probability and magnitude of the potential to
the potential to

harm to
to Plaintiffs; and which
Plaintiffs; and which Defendants
Defendants had actual
actual subjective
subj ective awareness of the risk
risk involved, but

nevertheless proceeded with

nevertheless proceeded with conscious indifference to
conscious indifference to the rights, safety,
the rights, safety, and welfare of Plaintiffs.
Plaintiffs.

Defendants
Defendants acted with malice
acted with malice and likewise
likewise committed one or
0r more predicate
predicate acts
acts of fraud against

Plaintiffs.
Plaintiffs.

129.
129. As aa result
result of the above,
0f the above, Plaintiffs
Plaintiffs seek
seek exemplary damages against
against both
both

Defendants.
Defendants.

SP
SPAA CASTLE DEFENDANTS

130.
130. Plaintiffs
Plaintiffs incorporate all previous
incorporate all previous averments.
averments. Defendants were not merely

negligent in their
negligent in their hiring,
hiring, and
and supervision
supewision of
0f employees,
employees, it manifest gross negligence,
it manifest negligence, and

conscious
conscious indifference to privacy,
indifference to privacy, tranquility
tranquility and safety
safety of its
its female patrons.
patrons. Defendants had

actual
actual notice
notice that
that one
one or
01' more its
its employees engaged in
in criminal
criminal voyeurism in
in areas
areas where

women stood naked. Rather

stood naked. Rather than promptly ending
than promptly ending such
such conduct,
conduct, and promptly
promptly disciplining
disciplining

responsible parties
responsible to deter
parties t0 deter wrongdoers, Defendants took no action.
wrongdoers, Defendants action. Indeed,
Indeed, this
this craven culture
culture

ran unabated
ran unabated from the
the principals,
principals, including
including Chon himself,
himself, through middle management, to
to rank—
rank-

in-file
in-file employees.
employees. Indeed,
Indeed, Defendants
Defendants disregard,
disregard) and default
default on
0n payments to
t0 an individual who

apprised
apprised Chon of the myriad
0f the myriad changes required. Plaintiffs,
changes required. and others
Plaintiffs, and others were direct
direct casualties
casualties of this
this

explicit
explicit and
and complicit
complicit contempt
contempt for customer safety,
for customer privacy, and peace of
safety, privacy, 0f mind.

PLAINTIFFs’ SECOND AMENDED PETITION, APPLICATION FOR

PLAINTIFFS' TEMPORARY RESTRAINING
won TEl\·IP0RARY RESTRAlNiNG PAGE 25
25 OF 27
0F 27
ORDER, AND APPLICATION FOR TEMPORARY INJUNCTION
 131.
13 1. Indeed,
Indeed, Defendants' tolerance, embrace,
Defendants’ tolerance, embrace, and endorsement of violations, and the
0f violations, the

conditions that spawn them constitutes

conditions that constitutes a public nuisance
a pubiic nuisance under common law, Texas statutes,
law, Texas statutes, and

1
the municipal
the municipal ordinances
ordinances of
0f the
the City
City of
0f Carrollton.
Carrollton.1

X.
X. JURY DEMAND

132.
132. Plaintiff
Plaintiff demands a jury trial
a jury trial and tenders the appropriate
tenders the appropriate fee
fee with this petition.
with this petition.

XI.
XI. PRAYER

133.
133. For these reasons,
For these reasons, Plaintiff
Plaintiff asks
asks that
that Defendants
Defendants be cited
cited to
to appear
appear and answer and,
and,

on final
0n final trial, that
trial, that Plaintiff be awarded aa judgment
Plaintiff be judgment against
against Defendants for
for the
the following:
following:

a. Temporary restraining
restraining order;
order;
9‘.”

b. Temporary
Temporary injunction;
injunction;
c. Emergency discovery;
discovery;
d. Permanent injunction;
injunction;
e.
r6999
Actual
Actual damages;
damages;
f. Reasonable
Reasonable attorneys'
attorneys’ fees
fees for
for obtaining
obtaining injunctive
injunctive relief,
relief, and under
under the
the
common fund
fund doctrine
doctrine for
for relief
relief obtained
obtained byby Plaintiffs
Plaintiffs and third
third panics;
patties;
g. Exemplary damages against
Exemplary damages Defendants in
against Defendants in aa sum determined
determined by by the
the trier
trier of
0f
fact;
fact;
h.
h. Prejudgment
Prejudgment and post-judgment interest
and post-judgment interest as provided by
as provided by law;
law;
1. Court costs;
costs; and
J. All
A11 other
other relief
relief to
t0 which Plaintiffis
Plaintiff is entitled.
entitled.

1
See,
See, irifi-a,:
infi'q: Tex.
Tex. Pen. Code§§
Pen. Code §§ 20.02,
20.02, 21.07, 21.08; 42.01;
2] .07, 21.08; 42‘01; Tex.
Tex. Civ. Pram &
Civ. Prac. & Rem. Code§
Code § 125.0015(a)(18),(21);
125.0015(a)(18),(21);
Carrollton City
Carrollton City Code§§
Code §§ 94.13(B),
94.13(B), 94.15(6);
94. 15(6);

PLAINTIFFS’ SECOND AMENDED

PLAINTIFFS' Fon TEMPORARY Rl•:STRAINING
AMl~NDED PETITION, APPLICATION FOR RI‘251'RAIN1NC. PAGS 26 01•'
PAGE 26 or 27
ORDER, AND APPLICATION FOR TEMPORARY INJUNCTION
 Respectfully submitted,
Respectfully submitted,

HENLEY & HENLEY, P.C.

P.C.

By:
By: Isl
/s/ Geoff J. Henley
GeoffJ.Henley
Geoff JJ. Henley
A

State
State Bar No. 00798253
R. Lane Addison
R.
State
State Bar No. 24059355
2520 Fairmount Street,
Street, Ste.
Ste. 200
Dallas, Texas 75201
Dallas,
Telephone: (214)
Telephone: (214) 821-0222
Facsimile: (214)
Facsimile: (214) 821-0124
ATTORNEYS FOR PLAINTIFFS

0F SERVICE
CERTIFICATE OF

The undersigned hereby ce1iifies

undersigned hereby that on the
cenifies that 14th day
the At“ day of June, 201
ofJune, 2018,
8, a
a true con-ect copy
true and correct
of the foregoing
of the foregoing document was served
served on the
the attorney(s)
attorney(s) ofrecord
of record below in the manner indicated
in the indicated
below, in
below, in accordance
accordance with Texas Rule of Civil
Civil Procedure 21a.
21a.

Via Electronic Service

Via Electronic Service
Glynis
Glynis Zavarelli
Zavarelli
Michelle
Michelle S01ior
Sofior
Wentz & Zavarelli
Zavarelli
Urban Towers
222 WW Las
Las Colinas Blvd., Suite
Colinas Blvd., Suite 1900N
Irving,
Irving, Texas 75039
ATTORNEYS FOR DEFENDANT
SP
SPAA CASTLE TEXAS, INC.

Via Electronic Service

Via Electronic Service
Ronald W. Johnson
TOUCHSTONE, BERNAYS, JOHNSTON,
BEALL, SMITH & STOLLENWERCK, LLP
4040 Renaissance Tower
1201 Elm Street
Street
Dallas,
Dallas, Texas 75270
ATTORNEYS FOR DEFENDANT
ANGELITO HERNANDEZ

Isl Geoff
/s/ Henley
Geo JJ Henle
Geoff J.
J. Henley

PLAINTIFFs’ SECOND AMENDED PETITION, APPLICATION FOR TEMPORARY RESTRAINING

PLAINTIFFS' PAGE 27 OF27
0F 27
ORDER, AND APPLICATION FOR
170R TEMPORARY IN.JUNCTION
INJUNCTION