Shawne Merriman Ordered to Pay $4 Million in Kimberly Fattorini Wrongful Death Case, What the Court Record Shows

A Los Angeles County Superior Court judgment of $4 million has been reported against former NFL linebacker Shawne Merriman and three other individuals in the civil wrongful death lawsuit brought by the parents of Kimberly Fattorini, a Playboy casting associate who died on July 21, 2017. The judgment reportedly followed a 2025 jury finding of liability. Nightclub-related defendants were reported not to be held liable.

Reporting note: News reports published October 19–20, 2026 say the judgment was entered on October 5, 2026. The signed judgment and verdict forms were not independently retrieved for this article, so the amount, entry date and how the $4 million is divided among the defendants are stated as reported. Merriman has denied wrongdoing. A civil judgment is not a criminal conviction, and no criminal charges were reported in this case.

Quick Facts: Shawne Merriman and the Kimberly Fattorini Wrongful Death Lawsuit

Detail	Information
Case name	DeAnn Fattorini and Ferdinand Fattorini v. Shawne Merriman, et al.
Court	Superior Court of California, County of Los Angeles
Case number	19STCV25769
Filed	July 19, 2019
Plaintiffs	DeAnn and Ferdinand Fattorini, parents of Kimberly Fattorini
Defendants reported liable	Shawne Merriman, Elias Wehbe, J.P. Castro, Monica Maass
Defendants reported not liable	The Highlight Room, Tao Group entities, The Warwick, and related entities
Reported judgment	$4,000,000, described as a combined judgment against the four individuals
Reported entry date	October 5, 2026
Trial	Jury proceedings in 2025 (special verdict filings on the docket in early September 2025)
Judge	Mark A. Young (as reported)
Decedent	Kimberly Fattorini, age 30
Date of death	July 21, 2017 (West Hollywood, California)
Cause of death (medical examiner)	Acute toxicity from ethanol, cocaine and GHB; ruled accidental
Claims asserted	Wrongful death, battery, negligence and, in the original complaint, California’s Drug Dealer Liability Act
Criminal charges	None reported
Merriman’s position	Denies wrongdoing
Claim form or class action	None. This is an individual civil case

What Happened to Kimberly Fattorini in July 2017?

Kimberly Fattorini worked as a casting associate for Playboy and had modeling experience. According to the allegations in the family’s complaint, she attended the opening event at The Highlight Room in Los Angeles on the night of July 20, 2017, and an after-party followed at the home of nightclub promoter Elias Wehbe. Shawne Merriman and J.P. Castro were among the people present. Fattorini was later found unresponsive at the West Hollywood apartment of her friend Monica Maass, and paramedics pronounced her dead.

The family alleged that Fattorini was given GHB without her consent. They relied in part on a text message attributed to Fattorini, sent from another room during the after-party, saying a friend had poured “half G” in her drink. The complaint also alleged that the defendants delayed or failed to provide effective help after she became unresponsive.

These are allegations from the family’s civil case. They are not an independently established account of what each person did, and some defendants disputed them.

What did the defendants say?

Merriman has consistently denied the allegations. When the lawsuit was first reported in 2019, his representative called it baseless and said police had investigated and found no wrongdoing by him. In court filings, Merriman also said the allegations harmed his career. Wehbe denied in court declarations that he provided drugs or intended harm. Reports say the Sheriff’s Department closed its investigation in 2017 without filing charges.

What did the medical examiner determine?

The Los Angeles County medical examiner attributed Fattorini’s death to the combined effects of alcohol, cocaine and GHB and classified it as accidental. That finding identifies the substances involved. It does not establish who supplied them, whether anything was given without her consent, or who bears civil responsibility. Those are separate questions of evidence, causation and law. Reports also note that no sexual assault examination was performed.

Why Did Fattorini’s Parents Sue?

DeAnn and Ferdinand Fattorini sued as Kimberly’s surviving parents in July 2019. Their complaint asserted wrongful death, battery and negligence and invoked California’s Drug Dealer Liability Act. The issues they put before the court included:

• Whether Fattorini was given GHB without her consent.
• Whether any defendant committed a battery or acted negligently.
• Whether any defendant’s conduct was a substantial factor in causing her death.
• Whether liability could extend to more than one defendant who allegedly acted together.

The operative pleadings changed during the litigation, so the original complaint should not be treated as proof that every original claim reached the jury or supports the final judgment.

How Did Merriman’s Bankruptcy Affect the Case?

Merriman filed a Chapter 13 bankruptcy petition in November 2018. The Fattorinis filed their state-court action in July 2019 without knowing about it. Under 11 U.S.C. § 362, filing a bankruptcy petition triggers an automatic stay that generally pauses litigation against the debtor.

The Fattorinis asked the bankruptcy court for relief, and it retroactively annulled the stay so the state case could continue. The Ninth Circuit Bankruptcy Appellate Panel affirmed in July 2020 in In re Merriman (Case No. CC-19-1245-LTaF; 616 B.R. 381). That decision addressed a procedural question, whether the lawsuit could proceed. It was not a finding that Merriman caused Fattorini’s death.

Can the judgment be erased in bankruptcy?

Not necessarily, but the answer was not verified. Federal bankruptcy law has exceptions to discharge for debts arising from willful and malicious injury (11 U.S.C. § 523(a)(6)), and for Chapter 13 cases there is a separate rule covering damages awarded in a civil action for willful or malicious injury that caused death (11 U.S.C. § 1328(a)(4)). Whether either applies depends on what the jury actually found and the current status of Merriman’s bankruptcy case. Neither has been confirmed from the signed judgment, so no one should assume the debt is or is not dischargeable.

What Did the 2025 Jury Proceedings Establish?

Reports say the jury found Merriman, Wehbe, Castro and Maass liable, while the nightclub-related defendants were not held responsible. Reports differ in detail on how the venues were dismissed. One account says the court granted them summary judgment on the ground that they owed no legal duty for events later at private residences. The signed verdict forms and orders are needed to state which causes of action produced liability for each defendant and why the venues prevailed.

Do not assume the outcome is identical for every defendant or that each owes $4 million individually.

What Does a $4 Million Judgment Mean?

A wrongful death judgment compensates eligible survivors for legally recognized losses caused by a death. The $4 million figure is reported as a combined amount against four defendants. It does not reveal how much is economic versus noneconomic damages, or whether each defendant is responsible for the whole sum.

California Civil Code § 1431.2 generally limits a defendant’s liability for noneconomic damages to that defendant’s percentage of fault, while defendants can remain jointly responsible for economic damages (Civil Code § 1431). How this applied here depends on the verdict forms. A judgment is also different from a settlement: it is the court’s formal resolution of a claim, here after a jury trial, and it is not a fund anyone else can claim from.

What California Law Applies?

1. Who can sue for wrongful death: Code of Civil Procedure § 377.60

Wrongful death claims can be brought by specified survivors, such as a spouse, domestic partner, children, and others who would inherit under intestate succession. Parents can qualify when there is no surviving spouse or child, or when they meet other conditions in the statute, such as being financially dependent. The Fattorinis sued as Kimberly’s surviving parents.

2. Damages: Code of Civil Procedure § 377.61

Damages in a wrongful death action may be those that are just under the circumstances. Recoverable losses can include financial support and household services the decedent would have provided, loss of love, companionship, comfort, care and society, and certain funeral and burial expenses. Which categories apply depends on the plaintiffs and the evidence.

3. Survival actions: Code of Civil Procedure § 377.30 et seq.

A survival action lets a decedent’s personal representative or successor pursue claims the decedent could have brought. It is separate from the wrongful death claim, though both can arise from the same event.

4. Statute of limitations: Code of Civil Procedure § 335.1

Wrongful death and personal injury claims generally must be filed within two years of the death or injury, subject to tolling and exceptions. Some statutory claims have shorter deadlines. The Fattorinis filed in July 2019, two years minus two days after the death.

5. Battery and negligence

Battery involves intentional harmful or offensive contact without consent. Negligence requires a duty of care, breach, causation and damages. In an overdose case, a central question is often whether a defendant’s conduct was a substantial factor in causing the death. Attending the same party, or knowing the deceased, does not by itself establish liability, and a person’s own drug or alcohol use does not automatically eliminate another person’s responsibility.

6. Civil conspiracy and acting in concert

California treats conspiracy as a way to extend liability to people who share a common plan, not as a separate tort by itself (see Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503). Agreement can be inferred from circumstances, but the plaintiff still has to prove an underlying wrongful act.

7. Drug Dealer Liability Act: Health and Safety Code § 11700 et seq.

This law gives certain people, including parents of a drug user, a civil remedy against those who knowingly participated in the marketing of illegal controlled substances. It has its own elements and a shorter limitations period than ordinary negligence claims. A drug-related death does not by itself prove a defendant liable under it. The Act was part of the original complaint, but whether it supported the verdict has not been verified.

8. Burden of proof: civil versus criminal

Civil liability is generally decided by a preponderance of the evidence (more likely than not). Criminal guilt requires proof beyond a reasonable doubt (Penal Code § 1096). A civil jury can therefore find a defendant liable even when no criminal charges are filed, and a lack of criminal charges does not decide civil liability. An “accidental” manner of death on a death certificate also does not bar a civil claim if the plaintiff proves a wrongful act or neglect contributed to the death.

9. Enforcing and appealing a California judgment

A money judgment generally accrues interest at 10 percent per year (Code of Civil Procedure § 685.010) and can be enforced for 10 years and renewed (§§ 683.020, 683.110 et seq.). Post-trial motions such as a motion for a new trial (§ 659) have short deadlines, and a notice of appeal is generally due within 60 days of notice of entry of judgment or 180 days after entry (California Rules of Court, rule 8.104). Collection depends on the defendants’ assets, insurance and any bankruptcy proceedings. Whether any motion or appeal has been filed was not verified.

Can Other People Join This Case or Claim Money?

No. This is an individual civil case brought by one family, not a class action. No claim form or public compensation program exists, and the judgment gives no rights to unrelated people. Someone dealing with a different death or injury would need to establish their own legal claim and filing deadline. For examples of other wrongful death matters, see our coverage of the Six Flags X2 Christopher Hawley Wrongful Death Lawsuit and the Franklin Sports Badminton Racket Wrongful Death Lawsuit.

What Happens Next?

Entry of a judgment is not the same as payment. Defendants may file post-trial motions or an appeal, and enforcement may involve liens, levies or bankruptcy-related proceedings. The documents that would settle the open questions are the signed judgment, the verdict forms, any post-judgment motions and any appeal filings. As of October 20, 2026, payment status and post-judgment activity have not been confirmed.

What To Do If a Loved One Dies in a Suspected Drugging or Overdose Case

This is general information, not legal advice.

1. Contact a California wrongful death attorney promptly to evaluate who can sue and which deadlines apply.
2. Preserve evidence: phones, text messages, social media, 911 recordings, autopsy and toxicology reports, and witness contact details.
3. Request official records, including the coroner’s report and any law enforcement report.
4. Do not assume a closed criminal investigation ends the matter. A civil case can proceed independently.
5. Track strict deadlines. Wrongful death claims generally have a two-year limit, and some statutory claims are shorter.
6. Consider collection early. A judgment is only as useful as the defendant’s reachable assets, insurance and bankruptcy status.

Key Dates

Date	Event
July 20–21, 2017	Highlight Room event, after-party and Kimberly Fattorini’s death
September 2017	Sheriff’s investigation reportedly closed without charges
November 2018	Merriman files Chapter 13 bankruptcy
July 19, 2019	Wrongful death complaint filed (Case No. 19STCV25769)
July 2020	Ninth Circuit Bankruptcy Appellate Panel affirms retroactive relief from the stay
2025	Jury proceedings; special verdict filings on the docket in early September
October 5, 2026	$4 million judgment reportedly entered
October 19–20, 2026	Reports of the judgment published

Frequently Asked Questions

Was Shawne Merriman ordered to pay $4 million?

Reports say a Los Angeles judge entered a combined $4 million judgment against Merriman and three other defendants on October 5, 2026. The signed judgment was not independently reviewed for this article, and Merriman has denied wrongdoing.

Who else was named in the judgment?

Elias Wehbe, J.P. Castro and Monica Maass. How the amount is divided among the four has not been detailed in public reporting.

Did the nightclubs have to pay?

Reports say no. The Highlight Room, Tao Group entities and The Warwick were not held liable.

Was Merriman criminally convicted or charged?

No criminal charges were reported. The civil judgment is not a criminal conviction.

What caused Kimberly Fattorini’s death?

The medical examiner attributed it to acute toxicity from alcohol, cocaine and GHB and classified it as accidental. That finding does not determine who is legally responsible.

Did the parents accuse Merriman of drugging their daughter?

Yes, their lawsuit alleged she was given GHB without consent and that events involving the defendants contributed to her death. Merriman denied it, and allegations in a complaint are different from findings at trial.

Why did the case continue despite Merriman’s bankruptcy?

The bankruptcy court retroactively annulled the automatic stay, and the Ninth Circuit Bankruptcy Appellate Panel affirmed in 2020. That ruling was procedural and did not decide the merits.

Can the public file a claim through this case?

No. It is an individual civil case with no claim form or fund.

Has Merriman paid?

Not confirmed. Entry of a judgment and payment are different, and post-judgment status was not verified.

Sources

1. Los Angeles County Superior Court case record, DeAnn Fattorini et al. v. Shawne Merriman et al., Case No. 19STCV25769 (publicly indexed docket): https://trellis.law/case/19stcv25769/deann-fattorini-et-al-vs-shawne-merriman-et-al
2. Original complaint, filed July 19, 2019: https://trellis.law/doc/272313142/complaint-filed-by-deann-fattorini-plaintiff-ferdinand-fattorini-plaintiff-as-to-shawne-merriman-defendant-monica-maass-defendant-elias-wehbe-defendant-et-al
3. U.S. Bankruptcy Appellate Panel, Ninth Circuit, In re Merriman, No. CC-19-1245-LTaF (July 2020): https://cdn.ca9.uscourts.gov/datastore/bap/2020/07/14/Merriman%20Opinion%2019-1245.pdf
4. Fox 5 San Diego, Ex-Charger denies wrongful death claims (Merriman representative’s 2019 statement): https://digital-release.fox5sandiego.com/sports/ex-charger-denies-wrongful-death-claims-by-former-playboy-employees-family/amp
5. NBC Sports, Shawne Merriman sued for wrongful death: https://nbcsports.com/nfl/profootballtalk/rumor-mill/news/shawne-merriman-sued-for-wrongful-death
6. Yahoo, Ex-NFL star Shawne Merriman denies playing role in Playboy employee’s death: https://www.yahoo.com/entertainment/ex-nfl-star-shawne-merriman-145543209.html
7. News reports of the October 2026 judgment (TMZ and secondary outlets, October 19–20, 2026)
8. California Code of Civil Procedure §§ 335.1, 377.30 et seq., 377.60, 377.61, 659, 683.020, 685.010; California Civil Code §§ 1431, 1431.2; California Health and Safety Code § 11700 et seq.; California Penal Code § 1096; California Rules of Court, rule 8.104: https://leginfo.legislature.ca.gov
9. 11 U.S.C. §§ 362, 523(a)(6), 1328(a)(4): https://uscode.house.gov
10. Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503

This article is for informational purposes only and is not legal advice. Allegations, medical findings, jury verdicts and final judgments are different things. Reported details of the judgment were not verified against the signed order. Consult a qualified California attorney about any specific legal situation.