Peter J. Famese, State Bar No. 251204 | 2800 Donald Douglas Loop COPY MILSTEIN, ADELMAN & KREGER, LLP || Wayne 8. Kreger, State Bar No. 154759 2 || wkreger@makiawyers.com 3 [pf jaklawyers.com th, 4 | Santa Monica, California 90405 Tel: (310) 396-9600 si s| | a! ol 10; n 7 18 19 Fax: (310) 396-9635 || NewPorT TRIAL GROUP A Professional Corporation Scott J. Ferrell, Bar No. 202091 sferrell@trialnewport.com ' Roger F. Borg, Bar No. 117765 rborg@triainewport.com 610 Newport Center Drive, Suite 700 | Newport Beach, CA 92660 Tel: (949) 706-6464 Fax: (949) 706-6469 Attomeys for Plaintiff’: and the Class | atomen similarly situated; Plaintifis, SUPERIOR COURT OF THE STATE OF CALIFO) FOR THE COUNTY OF LOS ANGELES EIRA, individually, and on behalf of | Case No, CLASS ACTION COMPLAINT JURY TRIAL DEMANDED. | BARMENSEN LABS, LLC., a New Jersey 20 | Corporation; TARGET CORPORATION 22 || Minnesota corporation; and DOES 1-20. | Inclusive, Defendants. Defendants are defrauding Californians by making blatantly and provably false claims to market a dietary supplement called MAXODERM® by claiming that it is a “male enhancement” pill I. INTRODUCTION that increases penis size and enhances sexual performance. Maxode Compa 122.08 Le CLASS ACTION COMPLAINT’ co; cee ae? pPY GEG 2 2000 sn A Cl ‘BYMARY| BC 4270271 These claims are absolutely false. Plaintiffs bring this lawsuit to enjoin ongoing deceptions 2 | and to recover the many millions of dollars of profits generated by these false and misleading claims. 3 1 THE PARTIES | 1. RYAN PERREIRA (“Plaintiff”) is a resident of California who purchased 6 | MAXODERM. 7 2. BARMENSEN LABS, LLC (“Barmensen”) is the manufacturer of MAXODERM, and 8 _ is organized pursuant to the laws of New Jersey that does business in California, 9 3. TARGET CORPORATION (“Target”) is a retailer and distributor of MAXODERM, 10 | and is a Corporation organized pursuant to the laws of Minnesota that does business in California u 4. Plaintiffs do not know the true names or capacities of the persons or entities sued herein 12 | as DOES | to 20, and therefore sue such defendants by such fictitious names. Plaintiffs are informed 13. and believe and thereon allege that each of the DOE defendants is in some manner legally responsible 14 for the damages suffered by Plaintiffs and the members of the class as alleged herein. Plaintiffs will 15 amend this Complaint to set forth the true names and capacities of these defendants when they have 16 | been ascertained, along with appropriate charging allegations, as may be necessary. 17] 18 | Il, JURISDICTION AND VENUE 19 5. This Court has jurisdiction over all causes of action asserted herein pursuant to the 20 | California Constitution. a 6 Venue is proper in this Court because Defendants have received substantial 22. | compensation from sales in this County. Specifically, each Defendant knowingly engages in activities 23. directed at consumers in this County, and each Defendant obtains substantial benefits from the 24 | Defendants’ common scheme perpetrated in this County. Plaintiffs have filed concurrently herewith 25 | the declaration of venue required by Civil Code Section 1780(d). 26 7. Defendants and other out-of-state participants can be brought before this Court pursuant 27 | to California’s “long-arm” jurisdictional statute 28 Maxoderm Complaint 122.09 =2- CLASS ACTION COMPLAINT28 Iv. FACTS 8. MAXODERM is a dietary supplement. Barmensen and Target uniformly advertise | MAXODERM as a product that will: (1) cause “instant male enhancement”, which is a euphemism for | increasing penis size; (2) make users * igger and firmer”; and that (3) is guaranteed to “work in under | 60 seconds.” Accurate copies of these labeling and advertisements are attached to this Complaint as | Exhibit 1. Defendant Target not only disseminates these false claims, it goes even further: it assures | customers that Target sells only the * || || promising shoppers that they will have an “exceptional experience” with products they purchase from | 1 brands”, that products it sells provide a “great value”, and by | Target. Accurate copies of Target’s promises are attached to this Complaint as Exhibit 2. 9. In November of 2009, Plaintiff purchased MAXODERM at Target. He purchased | MAXODERM after reading the advertising claims attached as Exhibit 1 and Target's satistuction | guarantees attached as Exhibit 2. He read, believed, and relied upon those efficacy claims, and would | not have purchased MAXODERM but for reading and believing those claims. | 10. Plaintiff used MAXODERM as directed but did not obtain the results promised by | Defendants’ advertising. In reality, MAXODERM did not (1) cause “instant male enhancement” or || cause an increase in penis size; (2) make him “bigger and firmer”; or (3) “work in under 60 seconds.” MAXODERM was worthless to him and he suffered significant injury by purchasing and using MAXODERM when it was of no value. 11, Barmensen and Target sells MAXODERM for approximately $25 per package based on the preceding false advertising claims. As a result, Defendants have wrongfully taken millions of dollars from California consumers. Vv. CLASS ACTION ALLEGATIONS 12. Plaintiffs bring this class action for damages and other monetary relief on behalf of the “following class: All persons located within California who purchased any MAXODERM product for personal use at any time during the four years preceding the filing of this Complaint (the “Class”). Maxoderm Complaint 122.08 <3: ‘CLASS ACTION COMPLAINT27 28 — 13, Excluded from the Class are governmental entities, Defendants, any entity i defendants have a controlling interest, and Defendants’ officers, directors, affiliates, legal representatives, employees, co-conspirators, successors, subsidiaries, and assigns. Also excluded from the Class is any judge, justice, or judicial officer presiding over this matter and the members of their ial staff. immediate families and judi 14. NUMEROSITY: The proposed Class is so numerous that individual joinder of all its members is impracticable. Due to the nature of the trade and commerce involved, however, Plaintiffs believe that the total number of Class members is at least in the tens of thousands and members of the Class as numerous and geographically dispersed across California. While the exact number and identi :s of the Class members are unknown at this time, such information can be ascertained through appropriate investigation and discovery. 15, COMMONALITY: There is a well-defined community of interest in the questions of Jaw and fact involved affecting the class and these common questions predominate over any questions that may affect individual Class members. Common questions of fact and law include, but are not limited to, the following: a. Are Defendants’ efficacy claims about MAXODERM false? b. Are Defendants’ efficacy claims about MAXODERM misleading? ©. Do Defendants have adequate substantiation to support the MAXODERM efficacy claims? 4. When and to what extent did Defendants know that the MAXODERM efficacy claims were false or misleading? 16. TYPICALITY: Plaintiff's claims are typical of the claims of the members of the Class. Plaintiff and all members of the Class have been similarly affected by Defendants’ common course of conduct since they all purchased MAXODERM for personal use after Defendants made the efficacy claims. 17, ADEQUACY: Plaintiff will fairly and adequately represent and protect the interests of intiff has retained counsel with the Class. Plaintiff has no interests adverse to that of the class. Pl substantial experience in handling complex class action litigation, Plaintiff and his counsel are Maxoderm Complaint 122.08 -4- CLASS ACTION COMPLAINT27 28 committed to vigorously prosecuting this action on behalf of the Class. Plaintiff has retained an attorney that is widely recognized as one of the most successful and effective class action litigators in California, who frequently lectures at approved MCLE seminars regarding class action strategy, and whose trial victories have been publicized on CNN, Fox News, MSNBC, and nearly every major California newspaper. Plaintiff's counsel has also been certified as lead class counsel in similar class actions. 18, SUPERIORITY: A class action is superior to other available methods for the fair and effi ent adjudication of the present controversy. Individual joinder of all members of the class is impracticable. Even if individual class members had the resources to pursue individual litigation, it would be unduly burdensome to the courts in which the individual litigation would proceed. Individual litigation magnifies the delay and expense to all parties in the court system of resolving the controversies engendered by Defendants’ common course of conduct. The class action device allows a single court to provide the benefits of unitary adjudication, judicial economy, and the fair and efficient handling of all class members’ claims in a single forum. The conduct of this action as a class action conserves the resources of the parties and of the judicial system and protects the rights of the class members. Furthermore, for many, if not most, a class action is the only feasible mechanism that allows an opportunity for legal redress and justice. Adjudication of individual class members’ claims with respect to the Defendants would, as a practical matter, be dispositive of the interests of other members not parties to the adjudication, and could substantially impair or impede the ability of other class members to protect their interests. VI. CAUSES OF ACTION FIRST CAUSE OF ACTION VIOLATION OF CALIFORNIA CONSUMER LEGAL REMEDIES ACT (On Behalf of Plaintiff and Class against Defendants) 19, Plaintiff has standing to pursue this claim as Plaintiff has suffered injury in fact and has lost money as a result of Defendants’ actions as set forth herein, Specifically, prior to the filing of this Maxoderm Complain: 122.09 -3- CLASS ACTION COMPLAINTaction, Plaintiff purchased MAXODERM for his own personal use. In so doing, he reviewed, believed, and relied upon each of the preceding marketing claims 20. Plaintiff used MAXODERM as directed, but it did not work as advertised, nor did plaintiff experience any of the promised benefits. MAXODERM was worthless to Plaintiff and the advertising claims and quality guarantees attached as Exhibits 1 and 2 were false and misleading. 21. Prior to filing this action, Plaintiff's counsel mailed to Defendants, by certified mail, return receipt requested, the written notice required by Civil Code Section 1782(a). An accurate copy of that letter is attached to this ‘omplaint as Exhibit 3. 22. Plaintiff has filed concurrently herewith the declaration of venue required by Civil Code Section 1780(4). 23. Defendants’ wrongful business practices constituted, and constitute, a continuing course of conduct in violation of the California Consumer Legal Remedies Act since Defendants ics and benefits that it does continuously and falsely represented MAXODERM as having charact “not. As such, MAXODERM has injured Plaintiffs and the Class. 24. Plaintiff's primary goal in bringing this action is to enjoin the false marketing claims referenced above. However, if Defendants refuse to take the remedial action demanded in the letter attached as Exhibit 3, Plaintiff will amend this Complaint to seek actual damages, statutory penalties, and all other relief available under the Consumer Legal Remedies Act. SECOND CAUSE OF ACTION VIOLATION OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200, 17500, ET SEQ. (By Plaintiff and Class Against Defendants) 25. Plaintiff has standing to pursue this claim as Plaintiff has suffered injury in fact and have lost money as a result of Defendants’ false advertising and unfair business practices. Specifically, prior to the filing of this action, Plaintiff purchased MAXODERM for his own personal use. In so doing, he relied upon the false representations referenced above. He used MAXODERM but it has not worked as advertised and was worthless. Maxoderm Complaint 12-209 -6- CLASS ACTION COMPLAINT1 26. Defendants’ actions as alleged in this Complaint constitute an un or deceptive 2 | business practice within the meaning of California Business and Professions Code section 17200 in 3 | that Defendants’ actions are unfair, unlawful, and misleading, and because the advertising statements attached as Exhibit 1 are false and misleading within the meaning of California Business and 4 5 | Professions Code sections 17500, et seq | 6 i 27. Plaintiff seeks all remedies available under Section 17200 of the California Business 7 || and Professions Code, including restitutionary and injunctive relief, as well as attomeys’ fees and 8 || costs. PRAYER FOR RELIEF Wi} Wherefore, Plaintiff and members of the Class request that the Court enter an order or 12 || judgment against Defendants as follows: 1B 1, Centfication of the proposed classes and notice thereto to be paid by Defendants; 14 2. Adjudge and decree that Defendants have engaged in the conduct alleged herein; 15 3 For all legal and equitable remedies available under the Consumer Legal Remedies Act. 16 4. For all legal and equitable remedies available under the Unfair Business Practices Act; 17 | 5. For any and all other legal and equitable remedies that may be available, including 18 | damages, statutory penalties, attorneys’ fees, costs, and pre-judgment and post-judgment interest; and 19 || 6. For any and all such other and further relief that this Court may deem just and proper. 20 21 || Dated: December 2, 2009 NEWPORT TRIAL GROUP: i A Professional Corporation. 2|| Scott J. Ferrell H Roger E. Borg 23 | | 24) | By 25 |) Scott J. Ferrell 26 | Attorneys for Plaintiff and the Class | cal 28 | Maxoderm Complaint 12-209 7 CLASS ACTION COMPLAINTarouse.enhance.enjoy. Ar Cea EXHIBIT 1oo ee hepeean eves by every entstandegvowe:cntmvcws nneraten and an” OUT Low Price exertion gue expenence by content tng our Expert More Promise Expect More. Pay Less. uuy 4A a te Community Giving fo tk tty one Sa Diversity at Target Protecting the Environment EXHIBIT 22009 Corporate Responsibility Report Leam about our commitment to the global community ead the report» lour Focus on Design 4 Community Outreach Our HistoryCareers Expect the Best he best cuture and brand. The best place foc growth. The best reputation. Joi the Target team and expect opportunity. Learn about opportunities at Target»NEWPORT TRIAL GROUP 610 Newrort CentER Dawe, Sue 700 NewPorr BEACH, CALIFORNIA 92660 TELEPHONE (949) 706-6464 Facsimie (949) 7066469 December 1, 2009 BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED Barmensen Labs, LLC P.O. Box 6810 Edison, NJ 08818 Attn: Chief Executive Officer Re: Ongoing Violations of California Consumer Legal Remedies Act Ladies and Gentlemen: Please give this letter your complete and immediate attention. L_ Introduction 1 am writing on behalf of Ryan Perreira, as well as a class of similarly situated persons, to advise you that the above-referenced partiy (“Defendant”) has violated and continues to violate the California Consumer Legal Remedies Act. I. Factual ackground Defendant profits from the marketing, advertising, and distribution of the product “Maxoderm,” a purported male enhancement aid. Specifically, Defendant: 1. Falsely claims that Maxoderm maximizes sensation and improves erection quality and the feeling of firmness: 2. Falsely claims that consumers of Maxoderm will “feel bigger and firmer;” EXHIBIT 3December 1, 2009 Page 2 3. Falsely claims that consumers of Maxoderm will “literally start feeling it in under 60 seconds;* 4. Falsely claims that use of Maxoderm helps maximize sensation and the feeling of firmness; 5. Falsely claims that use of Maxoderm “helps intensify your pleasure:” 6. Falsely claims that use of Maxoderm produces “no known side effects;” 7. Falsely claims that Maxoderm has been engineered specifically for those concerned about virility and that use of this product provides “targeted delivery to help improve virility, quality, and the feeling of firmness while revitalizing the areas of the skin most involved in arousal.” i Summary of Violations Defendant's conduct violates the California Consumer Legal Remedies Act by, without limitation: 1. Falsely representing that Maxoderm, a topical lotion, will actually improve virility; Falsely representing that Maxoderm has characteristics, uses and benefits which it does not have; 3. Falsely representing that Maxoderm is of a particular standard, quality, or grade; 4, Fraudulently inducing consumers to purchase Maxoderm; 5. Placing Maxoderm for sale to the general public when it does not materially conform to the product’s advertisements: 6. Making unsubstantiated claims regarding clinical research; and ~ Labeling Maxoderm in a way that is misleading in a material respect.December 1, 2009 Page 3 Lr Demand for Relief We intend to file suit seeking individual, representative, and class relief unless, within the time frame referenced above, Defendant: 1. Agree to irrevocably stop all false and misleading advertising of Maxoderm; 2. Identify all consumers who purchased Maxoderm within the applicable limitations period and provide such consumers with an appropriate refund; and 3. Place an appropriate labeling disclaimer on packages of Maxoderm. Offer of Compromise If Defendant will promptly agree to a stipulated injunction that includes an appropriate labeling disclaimer, we will agree to take no further action in this matter nor make any further claim for relief unrelated to the terms of the stipulated injunction. If Defendant will not so agree, we will file suit and therein will seek all requested relief, including monetary damages, injunctive relief, statutory penalties, restitution, and attorneys’ fees. Please contact me at any time if you would like to discuss this matter. Very truly yours, RT TRIAL GROUP Scott J. Ferrell SJF:Ib10 u 12 13 4 15 16 7 18 19 20 21 22 23 24 25 26 27 28 1, Ryan Perreira, declare as follows: 1, Lam a Plaintiff in this action, and am a citizen of the State of California. 1 have personal knowledge of the facts herein and, if called as a witness, I could and would testify competently thereto. 2. The Complaint in this action, filed concurrently with this Declaration, is filed in the proper place for trial under Civil Code Section 1780(d) in that Los Angeles County is a county in which Defendants are doing business. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this Declaration was executed on December 2, 2009, at Newport Beach, iG nia, With Express Permisston DECLARATION OF RYAN PERREIRA RE VENUE,COPY sum-100 SUMMONS acon aroe, (CITACION JUDICIAL) LEED NOTICE TO DEFENDANT: (AVISO AL DEMANDADO}. SraRRED cory BARMENSEN LABS, LLC., a New Jersey Corporation; TARGET Lata perie CORPORATION, a Minnesota corporation; and DOES 1-20, Inclusive, vee2 a ‘YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DENANDANDO EL DEMANOANTE} soma - RYAN PERREIRA, individually, and on behalf ofall others similarly situated; BY MARY GARCIA, Denty ‘NOTIGET Yau have bear sued: The Sour may dese agave you wihoul your Being head was you respond win 30 Gays: Read Te WvoTnaON below "Yous have 30 CALENDAR OAYS afte ths summons and legal papers are served on you ola a wrten response ais court and have a.copy served onthe planter or phone cal il nol protect you, Your wren rerponse mst be prope log form # you want te cout fo Peat Your tate, There may be a cot form Pat you can Use fo" yout feponse. You can fins hese cout forme and more lformation at ne Calfoma Courts ine Seteip Cantar wnew-cournco govt), you" county low ira: the eaurouke nearest you. Myou cannot pay the fing Yo, ack the court clerk oa fee waiver orm. you do net fe yout response one, You may lose te case By default. and your wages, money, and property may e taken wheat father warring Wom the ur. "Tree ae llega! requltements. You may watto call an atemney ight away. you do not now a atone You ay want ocal an attorney referral servic. i you cannctaforé an attorney. you may be eigtse fo ee legal tendces or a nenproft aga gervices program. You can locale these nonprot groups a he Calorie Legal Services Web st (awn. auelpcalfora og). he Calfria Courts Onine Sahel Center (nic courtnfoce gowseile),o by contac you local cout county ba association NOTE: The cour he 2 stator ln fer waved fees ané as on any setement or aration awa o $70,000 oe more na cui ease The cours ben must be pai before the cout wil demas te case JAVISO! Lo han demandade. Sino sponds dort de 30 dias i corte puede Seca Su canta si escuchar su verstn. Lea la formacion @ Sontusein “iae 20 DIAS DE CALENDARIO después de quel enrequen esta ctacin y papel Iegales pare presenar una respuesta por escrito en esta corey hacer que se erregue una copia a demandarte. Una carta 0 una lamada tewténica noo protegen. Su respuesta po escrito tie que estar ‘en formato egal comect 8 desea que procesen su caso ena corte Es posble ue haya un formula que ust puede usar par Su respuesta. ‘uoae enconirar ests frmulonoe te corey mas intrmacén one! Certo de Ayuda de as Cortes Go Clflesmla (ww sucota ca gov), em la Date ce lees desu condado 0 en la conte que le quade mgs cerca‘ no puede pagar cuote de preseniaci, pe al Secretar do la coe {ue fe o@ un fomutaro ée xarcion de pape de cuotas Si presenta su respuesta a tempo, puede perder el caso por neumplnieto yl cots fe oss qutar su suelo diner bones sin mas advertocla, ‘Hay os requisos legals Fs recornendable que lame a un abogadoinaclatarrente, Sino conace #un abogado, puede lamar aun servicio de remison a abogados. Sino puede pagar a un absgedo, es pole que cup con os requstos para obiener servicios legals grates de un programa de sercos legal sin nes de hic. Puce encontrar estos gros sn fires Ge tr ee so web de Calfome Legal Seracas, {ww iowhwipeaifmia org) ene! Canto de Ayusa de ns Cates Se Call, fu sucerte a po) © ponundose on contacto cn a cote oo! ‘Solegio de abogados locale, AVISO. Por. a core tne derecho a recimarIn clas ys ston exerts par poner un gravamen sobre ‘Sualgler recuperaion de $10,000 0 mas ge valor rectide mesianfo un acvardo 0 une cenceatn de arirae en un caso de derecho cul. Teme que agar el gravamen de fa corte anes de que la corte puns Gesechar el caso. ‘The name and address of the court is (Elnombre y dreccion doa corte es). Los Angeles County Superior Court 111N, Hill Street Los Angeles, CA 90012 ‘The name adress, and tegphone numberof ants aoney,o pant winout a torn. de do Scott J. J Newport Center Drive, #700, Santa Ana, CA 92705; (49) 706-6464 DATE: gd JOH... Clerk, by Deputy (Fecha) § saeie 2 = =(Gaepia"0) ‘(Adjunto) {ar proot of sanise oF sa rom POS-OT0)). (Para prusbe de entroga de esta citation use ol formulano ‘of Sumons, (POS-010) Cig NOTICE TO THE PERSON SERVED: You are served +. [J aan incvidual defendant. 2. [5] as the person sued under the ficttious name af (speci): 3, (1 onbehatt of (specity) under: =] eGP 416.10 corporation) [J ceP 416.60 (minor) (J CCP 416.20 (defunct corporation) (J CCP 416.70 (conservatee) TE) ce 416.40 (association or parmership) [=] CCP 416.00 (authorized person) 2 other ¢spocity: 4. (= by personal delivery on (date): Fa apes a iaay oe ‘SUMMONS eon Pema 2. 8 Sines Fe sy ae [ew Seow_ COPY iia RTT Seon Fell SBR 2 610 Newpor Center Drive, Suite 700 CONFORMED copy Nevwpon Beach, CA 82060 ORORIGINAL FLED reverwontno. (949) 706-6464 raxno (949) 206-6469 Les arromev on sane) Plaintiffs and the Class ‘Court lsurerion COURT OF GALIFORNA, COUNTY OF Los Angelos GEC 2- ‘steer aporess: [| N. Hill Street 2- 2008 owaonecoce Los Angeles, CA 90012 sebda erutive OfficetClerk seuncumve Central __ case nae MARY’ PERREIRA v. BARMENSEN LABS, et al. ey CIVILCASECOVER SHEET [ —Gompioxaso Designation — |“ BT A2 70 Unlimited] Limited eae ee 42702 (ameunt (amount = semanded demanded is. Filed with first appearance by defendant | (exceeds $25,000) $25,000 or less)| (Cal, Rules of Court cule 3.402) oem = hems 1-5 below must be completed (see msiructions on page 2) Fr-Cheak one box below for tho cae pe ht best descrons ts case Ao Contact Provsonaly Complex Ca Lmgaton ‘a2 AW eecnareonvacinorariy oo) (68 Ros Cour rls 3400-3409) aside (4) TS) sere cotctens (00) ] arated region (3) ‘ther PiPDM Personal nuryProperty |) Ore cates (2) Conbucion eet (10) Samegetrongt Dow Tor Irurne overage (8) wavs at) ‘sts (8) Omer coe [senna ten 2 Product Haity (24) Real Property 2) envccnmentavrosic tort (30) Nosea mapas 4) TAT" erent damantevrs uence cverge cen tig Yor ne me UPR 22) cnsion oe apes tangle on PyPDD (ote Tort 1) eng veto 9) Soataty punresterwntrwounee pracio 7, {—) eta propery Entercom of damn EF ce anes 08) Unlawful Detainer CD orcement of dgment 20) ctor (ET conmereat on tscelaneous iv compat Feud 16 Tresor 2) © neo en Fea ore onus oer complain a spect tee) (2) Press! ngigece (28) Jude Review aoe era pases cer non Pim 5 Fey ttre Parreranp and corporate governance 2) Eamets Bestzne taton ars +1) =} Ones pt na spc sor) 2) went eminain 8) 1 vot manaate cz (5) one emo.yment (15) [on ac i(29) 2 Trisease T¥Jis [_Jisnot complex under rule 3.400 of the Californie Rules of Court. If the case is complex, mark the {actors requiing exceptional judieal menagerert 2.[Z) Large number of separately represented parties J [Z_] Large number of witnesses » CZ extensive motion practice raising dificut or novel & [| Coordination wit releted actions pending in one or mare cours ‘esues that wal be tene-consuming te rescive ‘nother countes, states, or courtries, or ina federal court © CZ Substantial amount of documentary evidenes 1 [7] Substantal postixigment judicial supervision Remecies sought check aff hat apply) a[Z'] monetary » [7] nonmonetary, deciaratory or injunctive relist. [Z Ipunitve Number of causes of action (specity) Two Triscase CZlis (Dis not 8 action sult IF there are any known related cases, fly and serve 2 notice of relsted case. ate: December 2, 2009 Scott J. Ferrell r TASTE WOTICE + Pain must fe this cover sheet withthe fst paper fed in he action o” proceeding (except small clams cases or cases fled Under te Probate Code, Family Coda. o* Weare ang neitWtons Code) (Cal. Rules of Court rule 3220 ) Failure to fle may result in sanctons| let's cover sheet in additon to any cover shwet quired by focal court le. ‘If tis easels complex under rue 2 400 et seg of he Calforna Rules of Cour, you must serve a copy ofthis cover sheet on all ‘other partes tothe acton er proceeaing + Unies iiss colecone cae under rule 3.740 ofa complex case, this cover sheet wil be used for statistical purposes on) =a ~~ eivit CASE COVER SHEET FS aT TesoRes tae aa]INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET oe To Plaintiffs and Others Filing First Papers. If you are fling a frst paper (for example, a complaint) in a civil case, you must ‘complete and file, along with your frst paper, the Civil Case Cover Shoat contained on page 1. This information willbe used to compile Statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check ‘one box forthe case type that best describes the case. Ifthe case fits both a general and a more specific type of case liste in item 4 check the mace specific one. Ifthe case has multiple causes of action. check the box that best indicates the primary cause of action To assist you n completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your inal paper. Failure to file a cover sheet withthe fist paper fled in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court ‘To Parties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money ‘owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, aising from a transaction in ‘which property, services, or money was acquired on credit. A collections case does not include an action seeking the folowing: (1) tor ‘damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (6) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rues, unless a defendant fies a responsive pleading. A rule 3.740 collections case willbe subject fo the requirements for service and obtaining a judgment in rule 3.740 ‘To Patties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. Ifa plaintif Believes the case is complex under rule 3.400 ofthe California Rules of Court, this must be indicated by Completing the appropriate boxes in tems 1 and 2. Ifa plaintif designates a case as complex, the cover sheet must be served with the Complaint on all parbes to the action. A defendant may fle and serve no later than the time of its frst appearance a joinder in the Plaintiffs designation, a counter-designation thatthe case is not compiex, o,f the plaintiff has made no designation, a designation that eo ‘CASE TYPES ANO EXAMPLES Auto Tor Contract Provilonaly Complex Ci Ligation (Cal “io a2 PeronlryPropery ‘reach of ContactWarany 05) Roo of cout Rules 300-346) Camagettongit Death ‘Srescnof Rena oare snare rade Reguaon 3) Unie ton) he “ntact nt net cetaner Gonatucion Sac) ‘ase mvaves an niaued wrong even Stns ote ana Tot 40) moor coin subea onzaciioosty Seach Sor Secures ington (2) Tete these tom Pant rt fut negigenc) Enwronentt Tox Tot 3) ote of Ao) egigt reaon ot Contos! insranos Coverage Claims Cina PORNO (Personal uy! ‘Worn {arsg ron prwtanaly complex Pier oanagernrongtt Bech) cote reac of Contacyworany ‘Sasa ype ited above) Tor Cotacon eg; oney owed eet Enforcement ot Judgment Asbestos (04) Bonk scout) 9) Ervercement of aegment 20) ‘besos Propery Damage Cotacion Case Sete Plait “sac o Judgment (Out of ‘bests Parson ther Promasoy Notations ‘Sony ‘srogtl Beth Case Cones of udp (an Pract ia (asbestos or Insurance Coverage (rt provisoray ‘emesis ‘owenoranrenal Compl) ster Sate ose Medal aprace (2) ‘so Sorogeten ‘mnt Agery vad Neda Mprecioe- he: Corerane rt urea taes) Physio 8 Surgeons ‘omer Conrat (37) athrCaiatan of ry of (ober Mates! Heath Care onal Fraud “hg on Unpaid Taxes ‘alpracice pc Sota! Bepite come Enforcement fudge. bes PUPOM 3) Real provety OP remaes Labiy (9. sip inner’ Gomainvere iscolaneous Cv Complaint For) Condemnation (1) wmcoen entra! Body nuyPOAD wrong Eveton (2) Cir Someta (rt pct tea, sane, asain) ter Real Prepay (9, ete) 25 hes erence, Beers, ‘Emotional Distress Mortgage Foreclosure eects are [Negligent ee Quiet Title Mecherterts Emotional Distress: Other Real Pr (not eminent = ter Pm ‘foman lancoratenat, or rer Commerce Congiant Non-PuPOIWD (Other Tort forecoswe) ometme(roreare laine Toa Bins niin | Traciee err cotlanoous Ch com igs. dictation Resdental 02 “Sgn sropaate tae rest nto rage 0) he cas inate eps! ovemarce 2) harasomend (8) rug, cack na tom erase, OT ee ecm Detamaten sandr, et) topo as Commercial or Reset aove) o tdi Review eo ales ayo suet Foto 05) elas sence est Property (1) Petton Re atone (11) pone a Professional Negigence (25) ‘Wil of Mandate (02) a gal apracice ‘triste Mandamus echt ter Pofesonal Mapacice VrtcMandams 9 ited Cour Patton name Charge [ret medion or ine, Case Matter Paitin for Relief From tate emg ghee PDI To) vant Sine ites Coun ase ‘Sam ployment Reve Gt Pelton ee Other Juice Review 29) anlaid ten ore Review of Health Officer Order Note ot agee!-Labor onmisxone peas eee CIVIL CASE COVER SHEET penne; COPY panne ee seer BC 4a 1027 CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) ‘This form is required pursuant to LASC Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court. Rem. Check the iypes of hearing and filin the estimated lengih of hearing expected for this case wry tra? 7 yes cussaction? Ives umieo casey Clves me estimareo FOr TRIAL10__C) HOURS! J DAYS ‘tem Ii. Select the correct district anc courthouse location (4 steps ~ f you checked “Limited Case", skp to Rem Il, Pg. 4) Step 1: After frst completing the Civil Case Cover Sheet Form, find the main civil case cover sheet heading for your case in ‘the lef margin below, and, to the right in Golurnn A, the Civil Gase Cover Sheet case type you selected. heck one Superior Court type of action in Column B below which best describes the nature of this case, ‘Step 3: in Column C, circle the reason for the court location choice that applies tothe type of action you have checked. For any exception tothe cour jocation, see Los Angeles Superior Court Local Rule 2.0, Applicable Reasons for Choosing Courthouse Location (see Column C below) | SgAanCaREs ae cay oBamOhiyeepet Sonogn, —¢ Seemonanutpolrer enue” vm eee iREGRERe eee, See gennemerepaar [Seaton where porttmance requred or densentresises to Useation af tabor Eammasioner Ofte, Sto 4 Fin te eran end on page Anat omg tn V_ inthe actaton A 8 c com cme versa | yp Acton Aegean . (emer (ost om Seep aor 3 ‘nto 22) Ld A7100 Motor Vetci-PertnalnunjProperty Damagettongta een | 4.9.4 S| Uninsured Motorist (46) AT10 Personal njaryiProperty Damage/Wronghul Death - Uninsured Motorist | 1. 2..4 Bg [tamer |G aaa aes. ponrat mney one 2 ge ——— Eg |_Prowerusntiy 2s) | 7260 Product itil (ot asbestos o*lxclenvvonmeria) 248 5s f FS | snseuwernacewn | 2 780 mason mayan: Praia Suan hae 2 ae D720 Intertionl BoalyIury Property Camagentwonghl Dest eg | gee Samana vee = oe | 720 her una ney Durga ah sn EE |_sevesror en | 0 asceo omer Commercatusnes Tet (at rauieech of conte) 1.2.3 £3 [7 osname na : : oo haa gE a8 Atty 108 Rev O07) ~ CIVIL CASE COVER SHEET ADDENDUM LASC, rule 2.0 USC Approves 02.0 AND STATEMENT OF LOCATION Page 1 of& __ [rernerea v. sannensen taps, ot a1 3 iA ag B c £8 | crcase cover ee Type Action Applcabe Reasons Eg | sat cite ho pees ‘Seitoe Sato 32 Professional 3 6017 Legal Malpractice 128 28 | Nesigene 1.2.8 i ey A800 ter Protersona Maractie (ot meds er legs 58 other (95) 5 A8025 other Non-PersonalnjuryProperty Damage tor 2.3. & ‘Wronghl Termination o 37 Wrongful Termination 1.2, i MS 86037 vwong ; 3 | OmerEmplovmert | 96024 Other Employment Complaint Case 1.2.3 E oe eee . reacorConracy | [2 ABODE Breach of RenayLense Coc (rt Uniawl Deane or wongtl eviction) | 2, 5 art A808 Conractarany Breach Slr Pais ro faudnegioence) 2.5 coonssrance) | C6019. Negigent reac of ConvaWarany ro au) fae « 8028 Ofer Breach of ContracuWaranty (ot rau onesboencs) os & z solactone 1 Ago02 Cotectons Case Soler init 2.5.6 2 (09) (C6012 Other Promissory Note/Collections Case. 2.5. tures Coverage co Coverage nt comple : fo (D808 insurane Coverage (at compe) 2.5.8 Oter Contact T6008 Contact! Fraud 1288 an A609 Totes nereence 2.0.5 A607 er Contract ep ratteachinsrancerraudnegigence) 1.2.9.8 nerd -otpare oreminert. | ara00 Eminent DomaintCondernaton Number of par 2 2 | cmdeateta 3 | eonat eviction a i a 8023. wrong Even C 2.6 3 FB | cwerrea propery | (2 AODI® Margape Foreclosure 2.8 eo) A602 Quiet Tite - 1 As0H0 Omer Rea Peery rt erin oman, neraerant fecowue) | 3 \naeetes alenanss 21 Uniay stainer-Commercial (not drugs or wrongful eviction) 3 | Unswea dees | 6) agcetniwt etna Commerc (at dus or woah evicton) 2.6 & S| Unawas detaner av Detain Resin (ot rs or wrong etn 3 | Smemaremer | c_czo usw osarr Rentotaltp or wengh vn 2.6 Z| una detainer: awh DetaneOngs 2.6 5 Da 1D 8022 Unawtt Detane Org & [ aeetrorenxe (05) | 0 A100 Ass Forete Case 2.6 a 28 AGI 108 Rev. 0107) CIVIL CASE COVER SHEET ADDENDUM TASC, ule 20 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 2 of 4PERREIRA v, BARMENSEN LABS, ot al 3 A B = _ | crcase cover shoot yp0 of Action & Extooory No. (Check ony oe) : Tr ASTST Wet Adrinitatve Mandamus 2.8 3 Vit ot Mandate 152: Mandamus on tod Curt Case Matter 2 é 5 S153. Wht Other Limted Court Case Review > s | OmersudaaiReview | 6) asis0 Ober wt cial Review 2.8 Aocrsirae = ‘ eee (8009. Anirusv rade Rep 2.8 | Sorswcton eee) | aao7_ constuction detect 1.2.8 : & _ | clomsimoting Mase aS : és che 16008. iain invting Mas 2.8 BB | Secures utgation (26) 7 A8035 Securities Litgaton Case Fan : Tove Tor 7 : 3 a 1 A606 Tox Tevenvronmental 2.3.8 euros Courage Insurance Cover jon complex case on Uegrarcecoveage | [1 got insurance Comrageutrogaton (complex case nt 1.2.5.8 Case) TD Ast61 Sister Sate Judomen 2.9 le 1 A660. Abstact Judgment 2.8 FE af sgt 1D A6t07 Confession of Judgment non domes rations) a 5S a Ast. Administrative Agen Avard rt uni aes) ae 33 Ast Peon ceriteate or Entry of Jagment on Unpad Tax as as 1 A812 Ofer Enforcement f.udgment Case 2.8.9 3 ico@7 A605, Rackteeng (RICO) Case va cry gz 8030 Decaraory Rebet ony 1.2.8 3 ter Complains A600 nnetve Rel Ory rt domestcharassmet) 28 | eteeeee 1 A6011| Otter Commercial Complain Case (ron totinon comes) 1.2.8 ao “2 18000 he ivi Complaint (non onen compen) 128 2 Parnes Corraton |] AS113.Parnershp and Coprate Goverance Case 28 . overaeet 5 TT nora) Guarana 28.8 3 1 6129, Werepace Harassment 2a.8 = Aet24 eterDependent Adit Abuse Case < 5 omer Pettons : Bf cme ey | Cl ABI90 Electon Comest 5 . 1 AB10 Peon oe Change of Name 3 « el 27 2 13 6:70 Peon fo Rete rom tate Clam Lew sas : A600 otter cit Patton ae = AGI 108 Rev. 0107) CIVIL CASE COVER SHEET ADDENDUM ASC, we 20 LASC Approved 03.04 AND STATEMENT OF LOCATION Page 3 of 4PERREIRA v. BARMENSEN LABS, et al Item Ill. Statement of Location: Enter the address of the accident, party's residence or place of business, performance, REASON: CHECK THE NUMBER UNDER COLUMN C 1S cier piva WHICH APPLIES IN THIS CASE oes 1.22.03 04.05. 06.07. wa. 09.010. Los Angeles cA 90022 ltem IV. Declaration of Assignment: | declare under penalty of perjury under the laws of the State of California tha the foregoing is true and correct and that the above-entiled matter is properiy fled for assignment tothe Los Angeles courthouse in the central, District of the Los Angeles Superior Court (Code Civ. Proc., § 392 et Seq., and LASC Local Rule 2.0, ‘subd. (b),(¢) and (4), Dated: December 2, 2009 other circumstance indicated in item I, Step 3 on Page 1, as the proper reason fo fling inthe court location you selected. or PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE: 1. Original Complaint or Petition I fling @ Complaint, a completed Summons form for issuance by the Clerk. Civil Case Cover Sheet form M010 Complete Addendum to Civil Case Cover Sheet form LACIV 109 (Rev. 01/07), LASC Approved 03-04 Payment in fl ofthe fling fee, unless fees have been waived. ‘Signed order appointing the Guardian ad Litem, JC form FL-935, ifthe plaintiff or petitioner is a minor under 18 years of age, or if required by Court. 7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum ‘must be served along with the summons and complaint, or other initiating pleading in the case, LAGI 109 (Rev. 01/07) CIVIL CASE COVER SHEET ADDENDUM TASC, rule 2: LASC Approved 03.04 AND STATEMENT OF LOCATION Page 4 of 0 4—_—._ ae SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES NOTICE OF CASE ASSIGNMENT: NU RATTIOD UH CASE BC 427027 ICE OF CASE ASSIGNMENT” UNLIMITED CVE a : Yr aed ee SA LAs ante eet ee ae magenta te Shes Ga 7 Sco iecomlaias aaa Ti = avnlamn —— | oe es So ED Hon. Rita Miller 16 306 [ ton. John Shepard Wiley Jr. 50 508 Vn teed Be ee as ce) atl ‘Hon, Helen |. Bendix 18 308 Hon, Susan Bryant-Deason 32 510 Socom ea ae vce viorm es edal| (exten one So Eng stan | | eters oma ona em lennm| (itenece cama ior oes noas an es |e | | ec gs an Have raeee [| an] | rm oan eg mal nes Sa Sig ao | ec ape tT] Vn An. Rot ci acon) eetecea esos ama a fariaae Eig cerca ces aoe meuemanat (Be ACC a a “Amy D. Hogue 408 | Hon, Soussan G. Bruguers a n9 | Yin Goan Ais oe ae an|Em =< me ota | eee teas || eecreess oc oct [teal ecara| fie vectra) Ss [cas | Hon, Carta, Weae™ eaimaase namenls | afore [oa Tateoitaae [aan | al Class Actions “else ston 1a ily atgnad o Judge Cal. West ia Dapatment to the Centra ii Wet Courthouse (60S. Commanwaath Av, Los Angle 0085, ‘This sasgnmert is rte pupose of ssersing whether o lhe casei conpex within he reaning of Calfomla Rules of Court, ru 30. Depending one ‘outcome hat ssesoment the ess sein case may be assigned fo one ofthe og of te Complex Liga Program or reasigned randomiy 3 curate entra Date Given to the Plaintiff/Cross-Complainan/Atorney of Record on _ JOHN A. CLARKE, Executive Officer/Clerk By_ Deputy Clerk LAGI CO 199 (Rev. 10109) NOTICE OF CASE ASSIGNMENT ~ Page |of 2 ASC Approved 05-08 UNLIMITED CIVIL: CASESUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION PACKAGE [CRC 3221 Information about Atemative Dispute Resolution) For addtional ADR infomstion and forms visit the Court ADR web application at www.lasupertorcourt.org (cick on ADR). ‘The paint shall serve a copy of this Information Package on each defendant along with the complaint (Civil only) What is ADR: ‘Atermabve Dispute Resolution (ADR) is the term used to describe alt he other options available for settling @ dispute which once had to be setied in court ADR procosses, such as arbitration, mediation, naural evaluation (NE), and settlement conferences, are less formal than @ court process and provide opportunities for patios to reach an agreement using a problem-solving agprosch, There are many different kinds of ADR. All of them usizo a “neutra’, an impartial person, to decide the case or help the parties reach an agreement Mediation: In mediation, @ neutral person called a "mediator helps the parties ty to reach a mutually acceptable resolution of the dispute. The ‘mediator does not decide the dispute but helps the parties communicate so they can ty to settle the dispute themselves. Mediation leaves ‘control ofthe outcome with the parties ‘Cases for Which Mediation May Be Appropriate Mediation may be particulary useful wnen parties have a cispute between of among family members, neighbors, or business partners. Mediation is also effective when emotions are geting inthe way of resolUtin. An effective mediator can hear the ;parios out and help tem communicate with each other an effective and nondestructive manner ‘Cases for Which Mediation May Not Be Appropriate ‘Mediation may not be effective if one ofthe parties is unwiling to cooperate cr compromise. Mediation also may not be offectve tone ofthe partes has @ significant advantage in power over the other. Therefore, may not be a good choice Hf the parties hhave a history of abuse or victimization Artltration: In arbitration, a neural person called an “arbitrator” hears arguments and evidence from each side and then decides the outcome ofthe dispute, Arivation is less formal than a trial, and the rues of evidance are often relaxed. Arbitration may be either “binding” oF nonbinding" Binding arbitration means that the partis waive their right toa tial and agree to accept the arbitrator's decision as final "Nontinding arbitration means that the partes ar free to request a tral if they do not accept the arbitrator's decision, ‘Cases for Which Arbitration May Be Appropriate ‘Atbtation is best for cases vinere the partes want anoter person to decide the outcome of their dispute for ther but would the te aveid the formality, tme, and expanse of a tial. It may also be approoriate for complex matters where the partes want 3 {decision-maker who has traning oF experience inthe subject matter ofthe dispute. ‘Cases for Which Arbitration May Not Be Appropriate {parties want to retain control over how thor ciepute is resolved, arbitration, particulary binding arbitration, is not appropriate. In binding abiraton, te partes generally cannot appeal the arotrators awa’d, even if not supported by the evidence or the Jaw. Even in nonbincing arbivation, if party requests 2 tal and does nat raceive @ more favorable result at bal than in ‘arbivaton, there may be penattos. [Neutral Evaluator Inneutral evaluation, each party gets a chance to present the case to a neutral person called an “evaluator” The evaluator then gives an ‘opinion on the strengths and weeknesses of each party's evisence end arguments and about how the dispute could be resolved. The ‘evaluator is often an exper inthe subject mater ofthe dispute. Although the evaluator’ opinion isnot binding, the parties typically use it ‘88a basis for tying to negotiate a resolution of the dispute Cases for Which Neutral Evaluation May Be Appropriate "Neutral evaluation may be most appropriate in cases in which there are technical issues that require special expertse to resolve cor the only significant Issue inthe case isthe amount of cameges. (Cases for Which Neutral Evalustion May Not Be Appropriate Neutral evalustion may not be appropnate when there are signifcant personal or emotional barirs to rasalving the dispute Sottlemont Conferences: ‘Settlement conferences may be either mandatory or voluntary. In both types of settlement conferences, the parties and teir attorneys eet with @ judge or a neutral person called a"sottement officer to discuss possible setiement of their dispute. The judge or settlement fice does net make a decision inthe case but assists the partes in evaluating the strengths and woaknesses ofthe case and in hegotiating a settement.Settemont conferences are appropriate in any case where setloment i an option. Mandatory setlement ‘conferences are often held close to the date a case is Set fr vial LAADR 005 fev. 08/09) LASC Approved 10-03,