Trial begins for former eXp agents accused of sexual assault 

Two former eXp Realty agents, David Golden and Michael Bjorkman, are slated to go on trial today for allegedly drugging and sexually assaulting another eXp agent, Anya Roberts. 

Here's what to know before the trial begins.

What is this case about?

Roberts filed her lawsuit in December 2023 — 10 months after four women and one man filed a similar lawsuit known as Acevedo that alleged then-eXp agents Bjorkman and Golden drugged and sexually assaulted women at eXp's agent recruiting events. The Acevedo suit has alleged that the company and its founder, Glenn Sanford, turned a "blind eye" to the two agents' behavior because their recruiting efforts allegedly brought in substantial income through eXp's revenue share program.

Roberts' suit similarly alleged that Golden and Bjorkman drugged and sexually assaulted her at eXp recruiting events in February and March of 2020. She also claimed that eXp Realty and Sanford knowingly benefited from Golden and Bjorkman's alleged sex trafficking.

The same law firms, Lenze Lawyers, PLC and Cohen Hirsch, LP,  filed the Acevedo and Roberts suits in the U.S. District Court for the Central District of California. The cases were assigned to Judge André Birotte Jr. Both are proceeding, but Roberts' claims are heading to trial first — in two separate jury trials.

Birotte split Roberts' case in August. The first trial, starting Oct. 19, will hear the allegations against Golden and Bjorkman. The second, starting Nov. 16, will hear the allegations against eXp Realty and Sanford. 

What claims will the jury consider?

As the Roberts case progressed, the defendants, who have repeatedly denied the plaintiff's allegations, have gotten some of the original complaint's claims dismissed, including all of those initially filed against eXp World Holdings, the parent company to eXp Realty that rebranded to AGNT earlier this year. Roberts has also elected to voluntarily dismiss some claims, including sex-trafficking allegations against Bjorkman and Golden.

During the first trial, the jury will consider Roberts' allegations of sexual battery, civil battery and intentional infliction of emotional distress against the two former agents, specifically for events on or about March 10-13, 2020, in Florida.

During the second trial, the jury will consider Roberts' allegations of beneficiary liability under the federal Trafficking Victims Protection Reauthorization Act (TVPRA) against eXp Realty and Sanford, who stepped down from his role as AGNT CEO earlier this month but continues serving as chairman of the company's board of directors.

The jury for the second trial will also consider vicarious liability for Roberts' alleged sex trafficking by Golden and Bjorkman under the TVPRA against eXp Realty and negligent hiring, supervision and retention against eXp Realty.

Where and when are the trials taking place?

Both trials will be heard at the Felicitas and Gonzalo Mendez U.S. Courthouse in Los Angeles. Each is slated to begin at 8:30 a.m. PT, with the first slated to begin on Oct. 19 and the second scheduled to start on Nov. 16. During jury selection for each trial, the plaintiff will be allowed three peremptory challenges — the right to dismiss a juror without needing to give a reason or prove the juror is biased — and the defendants will be allowed four.

According to a court filing, the plaintiff estimates that the first trial, including jury selection, will last about five or six court days the weeks of Oct. 19 and Oct. 26, with the court in session Monday through Wednesday. Each side will get 10 hours of trial time, excluding opening and closing arguments. 

For the second trial, the plaintiff estimates it will last about seven or eight court days, including jury selection. The days in session will depend on the court's calendar and any constraints around the Thanksgiving holiday. Each side will have 15 hours of trial time, excluding opening and closing arguments.

For each trial, each side will get up to 15 minutes for opening statements and up to 20 minutes for closing arguments. The plaintiff will have up to 10 minutes for a closing rebuttal.

Who may be called to testify?

Roberts, Bjorkman, Golden, and eXp and Sanford together have submitted separate witness lists to the court with the names of those expected to testify and those who may only be called to testify "if the need arises." For the first trial, Roberts, Bjorkman and Golden are expected to testify and Sanford may testify if called upon. For the second trial, Roberts, Bjorkman, Golden and Sanford are all expected to testify.

The witness lists include eyewitnesses, forensic psychiatrists and psychologists, and experts on human trafficking, toxicology and memory. For the first trial, Golden has also listed his parents as potential witnesses.

For the second trial, the witness lists include company representatives who can speak to eXp's revenue share program, corporate structure, agent vetting process and knowledge of sexual harassment complaints. These include Cory Haggard, VP of agent compliance; Courtney Keating, former CMO of eXp World Holdings; Felicia Gentry and Jason Gesing, former eXp World Holdings board members; James Bramble, general counsel; Stacey Onnen, former president of brokerage operations; and Holly Mabery, chief brokerage officer.