225. 1 2 Defendants’ acts and omissions as alleged herein are indivisible causes of Plaintiff’s injuries and damages as alleged herein. 226. 3 Defendants’ wrongful conduct was oppressive, malicious, and fraudulent, in that 4 their conduct was willful, intentional, and in conscious disregard for the rights of others. 5 Defendants’ conduct was so vile, base, and contemptible that it would be looked down upon and 6 despised by reasonable people, justifying an award of punitive and exemplary damages in an 7 amount subject to proof at trial, and justifying equitable disgorgement of all profits Defendants 8 obtained through their unlawful and outrageous conduct. 9 227. Plaintiff is entitled to recover damages and other appropriate relief for the foregoing 10 negligent conduct. 11 228. Wherefore, Plaintiff prays for relief as set forth below. 12 FIFTH CAUSE OF ACTION 13 (Negligence – Failure to Warn) 14 (Against All Defendants) 229. 15 16 Plaintiff incorporates by reference each and every allegation contained above, as though set forth herein in full. 230. 17 Defendants knew or should have known, based on information passed to them from 18 their internal research divisions and affiliates and/or from the international scientific community, 19 of the climate effects inherently caused by the normal use and operation of their fossil fuel 20 products, including global warming, and the likely increases in frequency and severity of increased 21 mean sea surface temperature, marine heatwaves, harmful algal blooms, marine toxin outbreaks, 22 and the consequences of those phenomena, including Plaintiff’s injuries and damages described 23 herein. 24 231. Defendants knew or should have known, based on information passed to them from 25 their internal research divisions and affiliates and/or from the international scientific community, 26 that the climate effects described above rendered their fossil fuel products dangerous, or likely to 27 be dangerous, when used as intended or misused in a reasonably foreseeable manner. 28 SHER EDLING LLP COMPLAINT 88