The fifth scene opens with Sandy and Caleb alone, separated somewhat from the rest of the group, discussing things quietly. No one is really paying attention to them, because they are busy doing their own thing.
Caleb: So what is it that you wanted to talk to me about that couldn't wait until Tuesday. This is supposed to be a holiday, a party; we're supposed to be enjoying ourselves not worrying about things we can't do anything about right now.
Sandy: Like you would actually let me talk to you on a weekday. This is the only chance you've given me to speak with you since Zoe's party a few weeks ago. Afraid of what I have to say?
Caleb: (He scoffs at this idea before replying.) I'm not afraid of you. I've just been busy. What do you want? Can you make it quick? I'm hungry, and I don't want to spend my afternoon fighting with you.
Sandy: That makes two of us. (Caleb just stares at him not impressed with his witty, sarcastic remark until he finally just starts talking again.) I want to know what the hell you think you're doing putting pressure on the DA to move up Lance's case. Do you want a mistrial to be called because of your illegal interference?
Caleb: I want that woman out of my life for good, and that won't happen until after the trial is over.
Sandy: (He rolls his eyes and throws his hands up in the air frustrated.) If there is a trial! This isn't the business world; you can't just go around and put pressure on whoever you want to get the results you believe you need or deserve.
Caleb: There will be a trial, and I have done nothing wrong. I've just expressed to the DA how much our family would appreciate getting the trial over and done with as soon as possible because there will be another trial soon for Dan and Trey.
Sandy: (This intrigues him.) There will?
Caleb: Yes. As for Trey, he's already in prison, and they don't need to have Dan in custody before they hold his trial, and with Dan, I have a feeling we'll get him soon. They lost track of him a few weeks ago…
Sandy: Where was the last place he was spotted?
Caleb: Our last accurate, positive ID came from Montana, but he's moved around since then, and that was weeks ago. We haven't pinpointed him, but we believe he's back in California and probably on his way here.
Sandy: Are you going to listen to me when you find him; are you going to just call the police and let them handle him?
Caleb: We'll see. (He begins to walk away, but Sandy grabs his arm and pulls him back around. They do not realize that they've attracted Ryan's attention. He has recently returned from his secret rendezvous with Marissa in the little park and is working his way towards the commotion.)
Sandy: What the hell is that supposed to mean, we'll see!
Caleb: I guess it depends upon the situation. I will try to respect what you said, but if that animal makes me mad enough, who knows what I'll do.
Sandy: If you go through with this, I will not represent you.
Caleb: Noted, now if you would please let go of my arm…. (Sandy does so, but they continue to talk.)
Sandy: Why does this matter so much to you?
Caleb: No one threatens my family, attacks them, and gets away with it! (Sandy's eyes loose some of their harshness when he hears Caleb say this.) I will catch Dan Atwood, and it will be worst day of his life! (Sandy finally notices Ryan standing behind them listening in and pulls away slightly shocked, but it's too late; Ryan has heard what Caleb said and steps into the conversation.)
Ryan: What do you know so far? (Caleb is slightly startled because he didn't see him, but he handles the situation well and just calmly answers.)
Caleb: We think he's back in California, (He notices Ryan's eyes get bigger.) but don't worry, I have this beach covered in security. Marissa will be fine. I even pulled her personal body guards off of her and placed them on the perimeter so that there is no way he can get close.
Ryan: So there's no one watching Marissa right now and he could be somewhere close! (His voice is showing panic.)
Caleb: I guess, but that doesn't matter, because the beach is secure.
Ryan: She's not here! (With that he turns around and runs towards the parking lot. Sandy and Caleb watch him leave, but both are speechless for a moment until what Ryan said registered.)
Sandy: I have a bad feeling about this.
Caleb: You and me both.
Sandy: Is there anything we can do?
Caleb: What? We don't know where Marissa is, and sending the men to look for her is not going to do any good. We'll just have to wait for Ryan to call us as much as I hate to do that.
Sandy: Should we say anything to anyone else?
Caleb: No. There's no need to make them panic or ruin the afternoon if there is no reason to. I'm going to go and call the head of the investigation though, see if I can't get some new information from him. (Sandy just nods his head and walks away trying to hide the worry and concern that are very evident on his face. The scene shifts to the security booth outside of the Cohen's gated community. Trey's beat up old car pulls up to the booth to talk to the security personnel and to gain entrance into the community. When the guard approaches the car, he begins to speak to the person inside: Dan. Dan is wearing Trey's old work clothes for when he worked for the pool cleaning company.)
Security Guard: How can I help you?
Dan: Oh, I just need to go and check on someone's pool…. (He leans over and looks at a clipboard with old paperwork on it.) The Cohens'. They're having a party tomorrow and they think something's wrong with their pool.
Security Guard: Where's your truck?
Dan: You know those rich people, they couldn't even wait long enough for me to go and grab it from work. They insisted that I come right away. (He snorts out of annoyance and laughs in a disgusted way.) And when Caleb Nichol's daughter says jump, you say how high, if you know what I mean?
Security Guard: (He laughs along with him.) You know, I've never been treated like that by Sandy and Kirsten, but I've seen how some of the other people who live here treat the rest of us regular folks, and it makes me sick. (Dan nods sympathetically, but just lets the security guard keep talking.) Well, let me let you in. You don't need to waste more of your afternoon talking to me. This is your holiday weekend, too. You should be able to enjoy it at least a little bit.
Dan: (He smiles at him.) Thanks, I appreciate it, and I hope you get some free time, too. (The gates open, and with a tip of his hat, Dan pulls through while the security guard goes back to the game on the television in the booth without a second thought to the man he just let in. The scene goes back to the beach where Sherry, Zach, Seth, and Summer are all sitting around a table eating and talking to each other. Luke is off hitting golf balls into the ocean completely by himself and enjoying every minute of it.)
Summer: So Sherry, what are your plans for after the trial? Do you want to stay in Newport?
Sherry: Actually, no. I only signed a temporary lease on my apartment so that it will be easier to pack and move again when the trial is over.
Zach: (His tone is curious and interested and not nosey.) What trial?
Seth: Oh, she's the key witness in this case Gramps has against the guy who organized the fake DNA test for Julie's non-existent devil spawn.
Zach: (He looks confused.) Who's Julie?
Summer: Marissa's Mom. She was dating Caleb and then tried to trick him into marriage by saying she was pregnant. Lucky Sherry here just happened to be the nurse they blackmailed into fixing the results of the bogus DNA test they ran.
Zach: (He turns to Sherry.) Why you?
Sherry: (She responds honestly and without any shame.) I needed money to pay off my old drug dealer. (She notices the shock in his eyes and laughs.) I've been clean now for a while, but I had a big debt worked up, and Lance, that's the guy's name who the case is against, knew my old dealer. If I didn't accept, he was going to have him come after me and get his money one way or another. (Zach's eyes become very big as he listens to Sherry's blunt story. She laughs again.) So, what about you? Have you ever been blackmailed? (Zach, Seth, and Summer all laugh at her question.)
Zach: No, I can't say I have been, but I've been followed, harassed, and tricked.
Summer: (She is surprised by this and immediately wants to know the details.) By who!
Zach: (He laughs and points his hand which is holding his sandwich at Seth.) Your fiancé over there, back in high school when we were competing for you and had the potential comic book deal going at the same time.
Summer: (She turns to Seth who is bracing his body for her to hit him, but he is shocked when she leans in and kisses his cheek, wrapping her arms around his waist and pulling him towards her.) I can't believe you did that for me, Cohen. That was so sweet! (Zach laughs not surprised at her response since he's seen, first hand, just how strange their relationship is, but Sherry, who does not know them nearly as well, sits there in confusion as she watches them. Further surprising Seth, Summer stands up.) Uh, Cohen, I think we forgot some things back in the car. Come with me to get them? (He looks up at her still surprised, but realizes that she does not want to go to the car for non-existent things, but is trying to sneak off for some along time. He stands up and takes her hand in his, turning back around to talk to Zach and Sherry.)
Seth: Sorry about this. We'll be back in a few minutes, but help yourselves to anything. Have fun! (He wiggles his eyebrows at them before Summer, with a final pull, gets him to leave and follow her quickly towards the cars for a few yards until they switch directions and run down the beach away from the party to be by themselves. Zach and Sherry stare awkwardly at each other for a few moments until she breaks the ice.)
Sherry: So that wasn't obvious at all.
Zach: The more you get to know Seth and Summer, the more you'll come to learn to expect the unexpected with them.
Sherry: So they were always this crazy?
Zach: If not worse. (They both laugh. Standing up from the table, they begin to walk idly in the opposite direction that Seth and Summer went just talking amicably.)
Sherry: So tell me a little bit more about yourself.
Zach: What would you like to know?
Sherry: Any family?
Zach: Just one sister, she's married. My Dad's in politics, and my Mom is very involved with her choice charities. (They both laugh softly.)
Sherry: As are all proper Newport Beach wives. What about you? What do you want to do?
Zach: What I want to do and what I am doing are two very different things. I would love to design and write comic books. That was always the childhood and teenage dream, but I had to give it up.
Sherry: Why?
Zach: Dad said so. No son of his was going to waste his potential on something as trivial as comic books, and if he was going to pay for my education, I had to do what he wanted.
Sherry: So you gave in?
Zach: I didn't have the guts to go off on my own.
Sherry: So what are you doing?
Zach: Poli-Sci, of course; my Dad wants the Stevens name to continue in politics.
Sherry: No offense, but you really don't seem cut out for the job.
Zach: I'm not, but we'll let him figure that out on his own. He won't listen to me, so he'll have to learn the hard way. I minored in art though, so at least I have that to fall back on. (She laughs with him.)
Sherry: I can just imagine how well your parents would react to that.
Zach: Enough about me; tell me more about you.
Sherry: What do you want to know?
Zach: I guess tell me the same information I told you. I'd love to hear about your family, your job. I know you're a nurse, right?
Sherry: Right, and I love it. People ask me why I don't want to go further and become a doctor, but that's just not me. I think there's more contact with the patient when you're a nurse, and that's the part I enjoy, getting to know the people I help. Sure, I could make more money as a doctor, but that's not important to me.
Zach: (He laughs.) I take it you're not from this area originally.
Sherry: Definitely not. I'm from Philly, born and raised. I moved out here after college, because I got a job. I've lived here for three years.
Zach: So how old does that make you?
Sherry: Why are you interested?
Zach: No reason. (She gives him a questioning look.) Alright, I confess, I was thinking about maybe asking you out.
Sherry: (She smiles up at him.) Well, in that case, I'm 23 and yes.
Zach: Yes, what?
Sherry: Yes to the date. It will be fun, but won't there be a slight problem.
Zach: (He's confused.) What?
Sherry: Summer told me you live in San Francisco, and well, I'm stuck here for the foreseeable future.
Zach: I'm free tomorrow, what about then?
Sherry: (She laughs.) Okay, that sounds good. And if everything goes well, we can stay in touch through email and the phone.
Zach: And I occasionally come down here for weekends. If there was a particular reason, I might come down more. (She laughs.)
Sherry: I think we're getting ahead of ourselves.
Zach: We are. (He nudges her hips with his own.) I might not even like you. (She laughs.)
Sherry: Well, I'll tell you this much now. If you ever insist upon double dating with your buddy over there, (She indicates Luke who is still hitting golf balls into the ocean as hard as he can.) I'll be gone so fast, I'll leave skid marks.
Zach: (He laughs with her.) That will never happen. Luke and I, we're not really close friends, and I have no doubt that if he came along on the date, he'd hit on you.
Sherry: Wouldn't get anywhere.
Zach: (He smiles at her statement, pleased that she feels that way, but she doesn't see his reaction and they keep talking and walking along the shore.) So, you never finished telling me about yourself, your family.
Sherry: Oh, yeah. My Mom died when I was younger, but my Dad's still around, and I'm really close with my two older brothers. We talk almost every day.
Zach: Two older brothers, huh? Sounds like I better be careful. I can just imagine how well they'd take to the idea of you dating anyone, and if it didn't turn out too well, I should probably run for my life, right?
Sherry: (She laughs.) Aw, I'll protect you. (The both start laughing together and the camera pulls away from them and goes to Seth and Summer who are sitting on a group of boulders on the beach in each others arms and kissing playfully.)
Summer: Cohen, wait, stop. (He pulls away from her and looks at her curiously.)
Seth: What's wrong?
Summer: (She laughs.) Nothing's wrong. I was just thinking. What do you think Sherry and Zach are up to right now?
Seth: Is that why you brought me here to make out, so you could give them alone time?
Summer: Not exactly, I really was flattered by what you did to Zach, but you have to admit, it was the perfect opportunity to give them some alone time. Ryan and Marissa disappeared somewhere, Sandy and Caleb were off on their own looking like they were discussing something serious, Luke and his pea sized brain were occupied, my Dad was off on the Cooper's boat fishing with James and Jimmy, and Jane went off to find your Mom and Zoe, so they were left all alone.
Seth: Okay, so you have a point, but didn't you learn anything from the last time you played matchmaker.
Summer: Yeah, I learned that Zach is straight. (He laughs and shakes his head.)
Seth: That's not what I meant. Didn't you learn that you should just stay out of other peoples' love lives?
Summer: Why would I do that? Besides, I think this time your Dad and I had it covered.
Seth: Do you realize how scary it is that you're taking my Dad's ideas when it comes to romance.
Summer: What? Your Mom has been married to him for almost 25 years, and you don't hear her complaining.
Seth: Yeah, because I don't ask.
Summer: No, because she's happy. Your Dad is very romantic, and he knows how to treat a woman with respect and love.
Seth: I don't need to hear this.
Summer: Cohen, grow up. (He looks at her shocked, but she continues totally oblivious of his consternation.) I guess I need this, too. I mean, come on, what else do I have to look forward to? There's work, but who really looks forward to that?
Seth: What about our wedding?
Summer: (She looks at him knowingly.) I am looking forward to that, but it's not until next October and the big ceremony doesn't mean as much to me anymore since what happened in Vegas.
Seth: Yeah, I know what you mean. I feel the same way.
Summer: And don't get me wrong, I love spending time with your parents and Zoe, but I miss Ryan and Marissa, too, and it just seems as if we keep growing further and further apart.
Seth: You've been able to spend more time with your Dad.
Summer: (She smiles.) That has been nice, especially since you two seem to be getting along so much better.
Seth: (He pulls her to him and kisses her forehead.) It's all for you. You're too important to the both of us to fight over you anymore. You end up paying the price and you don't deserve to be put between me and your Father.
Summer: (She snuggles further into his arms.) Thanks for that. (They are both quiet for a moment.) Have you heard anything from Hayley?
Seth: Not a thing. I left her a couple of messages and I emailed her, but she hasn't gotten back to me.
Summer: That has to be frustrating.
Seth: More like scary.
Summer: (Her voice becomes reflective and as she continues to talk, it is as if she has forgotten that Seth is even there with her and that they were talking about Hayley.) Not knowing about where someone in your family is, how they're doing, it's devastating. There are so many questions that you have, but it's impossible to have any of them answered. I mean, you miss so much not the least of which is the simple, every day type of things, smiles, hugs, and endearing nicknames. Then there are the bigger issues like health history, heritage, lost memories, and to face the fact that you might never get those back, it's one of the most frightening feelings in the world.
Seth: (When he speaks, he brings her back to the present and the reality that she is not alone.) I don't think it's that serious, but I love you for worrying about her and me. It's sweet.
Summer: (She lightens the mood so that he can not see how upset she is.) You did not just call me sweet, did you?
Seth: I guess I did. What, are you going to do something about it?
Summer: Just don't let it get out. I have a rep to protect.
Seth: Isn't that line from Grease?
Summer: (She turns around and smirks at him.) Cohen, I thought you said you quit watching musicals, especially chick ones.
Seth: (He throws his arms up in protest and becomes defensive which just makes her laugh.) Sandy Cohen made me watch those movies so much growing up; I could recite the entire scripts in my sleep.
Summer: (Playing with him, so she is mockingly serious.) You do.
Seth: (He naively believes her.) I do! (As soon as she starts to laugh, he catches on and begins to pout.)
Summer: Ah, Cohen, come on, I'm sorry. It was just too easy, and you know I can't resist jokes handed to me on a silver platter. (He nods his head and rolls his eyes to show agreement, but jumps up off of the rock and holds his hand out to her to help her get down off of it, too. When they're standing side by side, he puts his arm gingerly around her shoulder and pulls her into his side in a companionable fashion, holding her close. She then puts her arm around his waist so that she can hold him close as well. Turning to her and kissing her hair, he speaks up again.)
Seth: Come on, let's head back. I hear that cheesecake Marissa made calling my name, and maybe if we're really nice to her and insult Luke, she'll let us cut it now.
Summer: (She laughs.) You know, that really does sound good right now. I wonder if she brought toppings for it, fresh fruit.
Seth: Oh, a little berry medley does sound delicious right now with some strawberries, blueberries, raspberries, and blackberries. I can just imagine it. (He gets a dreamy look to his face and his mouth hangs open obviously watering in anticipation making Summer laugh at him.)
Summer: Cohen, hold on there, can you make it until we get back to the party? We do have a little ways to walk?
Seth: We could always run. (He is excited about this idea.)
Summer: Think you have the stamina to run the whole way?
Seth: When I know there is cheesecake waiting for me, I'm very motivated and can do anything I put my stomach to. (She laughs again and starts running off ahead of him. He stares at her for a moment before he begins to run, too.)
Summer: Race you! (With that they both set off down the beach and the camera shifts away from them. It goes to the Cohens' where Marissa is walking around the house to get to the poolhouse. Knocking softly on the door, no one answers, so she starts to knock a little louder and calls for Hayley.)
Marissa: Hayley, are you up yet? We need to get going. I think everyone's eating as we speak, so if you want to get some food before Seth eats it all, we better leave soon. (There is still no answer.) Hayley, are you alright? (Silence still haunts the backyard.) I'm coming in. (She opens the poolhouse doors only to see the bed made, nothing out of place, and no one there. She is slightly confused, but checks the bathroom. As she walks towards it, she calls out.) Are you in the bathroom Hayley? (Again, there is no answer, so she opens the door and peers inside of it to see that it is empty just like the poolhouse.) Hm, she must have gone into the main house for something. (Shutting the bathroom door, she makes her way towards the entrance of the poolhouse and leaves, shutting that door behind her as well. Casually making her way towards the main house, she decides to go in through the kitchen doors, assuming that Hayley could be getting a snack or something to drink. As she pushes the kitchen door open, she finds that the house is eerily quiet, and Hayley is no where to be found. Shrugging her shoulders, she goes to the fridge and pulls out a bottle of water. After taking a long drink, she puts the lid back on and begins to walk around the house calling out for Hayley.) Hayley, where are you? I didn't realize you were into playing hide and seek. (She laughs at her own little joke.) I guess you're more like your nephew than you thought. (Still there is no response. Thinking out loud to herself, she begins to wander up the stairs.) Maybe she wasn't comfortable in the poolhouse and went upstairs to the guest room instead. (She rounds the top of the stairs and walks down the hall to the guest room, opening the door and peering in; still no Hayley in sight. She checks the guest bathroom, but it, too, is empty. Systematically, she goes through all the other rooms on the second story, Seth's bedroom and bathroom, although she could not fathom why she would want to go in there, Zoe's bedroom and bathroom, and then finally, giving up, she started back down the stairs to continue checking the ground floor. Again, she started to think out loud to herself. Worried, there was a confused and concerned expression on her face, her brow buried in concentration and thought.) Where are you Hayley? (She thinks for a moment and then it's like a light bulb went off in her head and she starts to walk quickly towards Sandy and Kirsten's bedroom.) Oh, I know where you're at! Kirsten told me that you always raid her closets when you finally come home. (She starts laughing and practically runs into the room calling out Hayley's name, but stops dead in her tracks when she sees her in front of her tied up, gagged, bound to a chair, and unconscious. Panic starts to set in. Her hand rushes to her forehead as if its presence there will help her think. She runs to the phone, but just as she picks it up, she hears a menacing and bitter voice behind her.)
Dan: I wouldn't do that if I were you if you want your friend here to make it through the afternoon. (Turning around slowly, Dan is surprised to see that she is remaining calm and cool under pressure.)
Marissa: Dan, Dan Atwood, I take it.
Dan: (He smirks.) The one and only.
Marissa: You need to let her go. (She nods her head towards Hayley.) She's sick and has nothing to do with this situation.
Dan: Funny, because she said something similar about you. She said that she was having an affair with Ryan and that he was really in love with her and was gong to leave you soon. I might not know my son that well or even like him, but even I know that he's too self-righteous to ever cheat on you or anyone else for that matter. Besides, you're a lot hotter than she is, so even if he wasn't Mr. Ryan do-good Atwood, he still wouldn't leave you for her. (Marissa just watches him while he speaks, completely expressionless.)
Marissa: Alright, fine, so she lied. She's not dating him; he's not cheating on me, but she still has nothing to do with this situation, and like I said, she's sick, extremely sick, and this is not doing anything to help her immune system.
Dan: Do you really think I give a shit if she's sick or not! I rotted away in prison for years, beaten, bruised, battered, and sick half of the time, and no one fought to get me any help. She can die for all I care, and one way or another, someone is going to today.
Marissa: That's what you think. (Lunging towards him, she round kicks him in the face, but as he stumbles from the blow and she moves in for the next assault, he pulls a gun from his back pants waistband and trains it right on her forehead stopping her in her tracks instantly.)
Dan: (He laughs and starts to walk towards her.) I thought this might stop you from kicking me again. See, not everyone comes into a battle as unprepared as Trey. You're little self-defense moves are not going to work on me. (As he walks towards her, she backs up until she is leaning against the bed and has no where else to move to. He gets right up in her face and before she can protect herself, he pistol whips her face and the blow makes her fall to the bed in pain, holding her bleeding forehead.) That's for kicking me! Do it again, and I won't hit you with this gun, I'll shoot you with it! Now, you and I, we have some very important things to discuss. (He leans over and grabs her hair to jerk her head up to look at him.) Are you listening, bitch! (When she nods her head yes, still refusing to cry or back away from his glare, meeting him eye to eye, he shoves her head away from his hand and steps away from her and goes to Hayley. Slapping her face, to wake her up, she eventually rouses, but is groggy and unsure of her surroundings.) Look who decided to join us. Wake up, slut; it's time to give Dan exactly what he wants! (He goes to untie Hayley, the gun trained on her in his right hand while his left hand works on loosening the ropes around her wrists. While he works, he turns his head around to address Marissa.)And if you dare try anything like you just did before, I'll kill her right here, right now, do you understand me! (Marissa just glares at him, the hate evident in her eyes.) Yeah, that's what I thought. (Smirking and chuckling to himself, he goes back to untying Hayley, setting his malicious plot in motion.)
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