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Mother Of Beaten Surfer Files Lawsuit

POSTED: 1:29 pm PDT July 22, 2008
UPDATED: 3:38 pm PDT July 22, 2008

The mother of a professional surfer fatally beaten during a fight in La Jolla sued Tuesday those involved in the brawl, their parents, and a bar where they drank that night.

Those named as defendants were Seth Cravens, Orlando Osuna, Matthew Yanke, Eric House and Henri "Hank" Hendricks, along with their parents. Also being sued are Barkandbrew Inc., which does business as the La Jolla Brew House, and its owner, Claudette Mannixx.

Cravens is awaiting trial on a murder charge.

Osuna, Yanke and House pleaded guilty in June to involuntary manslaughter, while Hendricks admitted to a count of being an accessory after the fact for whisking Cravens away from the scene of the May 24, 2007, fight and concealing him from police.

Emery Kauanui, 24, was put on life support at a hospital after he was punched, then struck his head when he fell, according to the prosecution. He died four days later.

The suit brought by Cynthia Kauanui, also charges some of the defendants' parents -- William Hughes Cravens, Karen J. Cravens, Lisa C. Walchef, Edna Ivette Osuna Labrenz, Ramon Sandoval Germez, Giancarlo M. Yanke and Rachel Yanke -- with "parental malpractice" for allegedly failing to control their children's violent behavior.

"These kids would go out on weekends to find people to brutalize," plaintiff's attorney Craig McClellan said. "Despite complaints to their parents, juvenile arrests, and blood on their childrens' hands, their parents did nothing. At some point, parents have to accept personal responsibility for failing to fulfill their parental obligations and allowing these bloodbaths to continue."

Prosecutors in the criminal case unsuccessfully argued that the defendants were part of a gang called the "Bird Rock Bandits."

The lawsuit also claims the La Jolla Brew House sold beer to defendants House and Yanke, who were minors and intoxicated.

The establishment "has a reputation as a hangout for La Jolla High School students because it doesn't check identification," McClellan said.

In his complaint, McClellan wrote that "defendant Barkandbrew sold or gave alcoholic beverages to minors when they knew or should have known that the individuals were minors."

The lawyer claimed House and Yanke were not only under the legal drinking age, but "obviously intoxicated" when they were served.

The complaint seeks unspecified damages.

"Plaintiff has lost the love and affection, care, comfort, companionship, assistance, protection, services and moral support of her son," McClellan wrote in his lawsuit.

According to McClellan's office, the defendants apparently have not hired lawyers to defend them in the civil case.

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