From today's order by Judge Rita Lin (N.D. Cal.) in Parham v. Combs:
This lawsuit concerns the alleged gang rape of Plaintiff Ashley Parham that occurred on March 23, 2018, in Orinda, California. On March 13, 2025, Plaintiffs amended their complaint to add Defendant Drew Desbordes to the lawsuit, alleging that he participated in the rape.
Desbordes has moved for sanctions against Plaintiffs' counsel under Rule 11 of the Federal Rules of Civil Procedure, which requires attorneys to have a factual basis for allegations made in a complaint and to have conducted a reasonable investigation prior to filing suit. After the lawsuit was filed, Desbordes' counsel sent Plaintiffs' counsel evidence, including debit card records and phone records, showing that it was virtually certain that Desbordes was in Georgia at the time of the alleged rape, and thus could not have participated in the assault.
At the time that Plaintiffs' counsel filed the amended complaint, there did appear to be a reasonable factual basis for naming Desbordes, as further explained below. Therefore, the Court declines to sanction Plaintiffs' counsel for suing Desbordes in the first place and DENIES the motion.
However, even after receiving the new evidence about Desbordes, Plaintiffs' counsel continued to allege at the hearing on July 10, 2025, that the claims against Desbordes are viable and stated that Plaintiffs intend to pursue them. Those continued allegations appear to have no reasonable factual basis. Accordingly, the Court ORDERS Plaintiffs' counsel TO SHOW CAUSE why sanctions should not be issued for the statements made at the July 10, 2025 hearing….
Allegations of the Complaints
