Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
ORIGINAL
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Email: mtckevimc@aol.com
SfremR.Carte.ge Officer/Clerk
oa 3 0 2015
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES
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CENTRAL DISTRICT
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BC 5 9 0 4 9 9
Case No.:
Plaintiff,
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COMPLAINT FOR:
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1.
2.
3.
4.
5.
MISAPPROPRIATION OF LIKENESS
INTENTIONAL INTERFERENCE
WITH A PROSPECTIVE ECONOMIC
ADVANTAGE
ADVANTAGE
BREACH OF CONTRACT
(SETTLEMENT AGREEMENT)
8.
DEALING (SETTLEMENT
AGREEMENT)
9. BREACH OF ORAL CONTRACT
10. BREACH OF IMPLIED COVENANT
11.
12.
CONVERSION
COPYRIGHT INFRINGE ~~
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Defendants.
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COMPLAINT
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1. As noted more fully in the FACTS COMMON TO ALL COUNTS section of this
Complaint, this action arises out of act of defamation, conversion and other tortious
Defendant Tomica Woods-Wright and Comptown Records, Inc. and Does 1-20, and
certain scenes, words, images, implications and innuendo within a theatrical Motion
Picture entitled, "Straight Outta Compton" that all Defendants noted in the caption above
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and Does 20-50 created, wrote, directed, produced and distributed globally to the detriment
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2. All ofthe above transactions and activities took place inthe County ofLos Angeles within
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the jurisdiction of this Court. Ail individual Defendants reside in the County ofLos
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Angeles, within the jurisdiction of this Court. Defendants NBCUniversal, Inc., a subsidiary
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ofComcast Corporation and Defendant Legendary Pictures have their principal places of
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many of the wrongful conduct alleged herein occurred in thisCounty, all of the individual
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Defendants reside in Los Angeles County and as noted above, both NBCUniversal, Inc., a
subsidiary of Comcast Corporation and Defendant Legendary Pictures maintain businesses
in this County and all parties are either located in ordo business inthis County ofLos
Angeles, State of California.
PARTIES
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corporation, does business and has itsprincipal place of business intheCounty of Los
Angeles, State of California.
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6. Defendant LEGENDARY PICTURES, a corporation, does business and has its principal
COMPLAINT
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corporation, does business and has its principal place ofbusiness inthe County ofLos
Angeles. State of California.
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8. F. GARY GRAY, an individual, as to the events outlined inthis Complaint, is and was a
resident of the County of Los Angeles, State of California.
outlined in this COMPLAINT, is and was a resident ofthe County of Los Angeles, State of
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California.
10. Defendant ANDRE YOUNG, PKA DR. DRE, an individual, as to the events outlined in
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11. Defendant THE ESTATE OF ERIC WRIGHT PKA EAZY E,is resident in the County of
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of the Defendant ESTATE OF ERIC WRIGHT, asthe events outlined inthis Complaint, is
and was a residentof the County of Los Angeles, Stateof California.
13. Defendant COMPTOWN RECORDS, INC., a corporation, does business and has its
principal place of business in the County of Los Angeles, Stateof California.
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14. Defendant MATT ALVAREZ, anindividual, as to the events outlined inthis Complaint,
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Complaint, is and was a resident ofthe County of Los Angeles, State ofCalifornia.
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Complaint, is and was a resident of the County of Los Angeles, State of California.
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Complaint, is and was a resident ofthe County of Los Angeles, State of California.
18. Defendant S. LEIGH SAVAGE, an individual, as to the events outlined in this Complaint,
is and was a resident of the County of Los Angeles, State of California.
19. Defendant ALAN WENKUS, an individual, as to the events outlined in this Complaint, is
and was a resident of the County of Los Angeles, State of California.
COMPLAINT
.20. Plaintiff GERALD E. HELLER is not aware of the truenames andcapacities of the
Defendants sued herein as Does 1-100 inclusive and therefore suethese Defendants by
their fictitious names. Plaintiff will seek leave of Court to amend theComplaint to reflect
the true names and capacities of said Does 1-100, inclusive when these have been
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ascertained. Plaintiffis informed and believes that said fictitiously named Defendants, and
each of them, wereresponsible in some manner for the harm sustained by Plaintiffas set
forth herein.
21. PlaintiffGERALD E.HELLER alleges that each Defendant was the agent, principal and/or
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employee of each other in the acts, conduct and omissions alleged herein and therefore
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incurred liability to Plaintiff GERALD E. HELLER for all such acts and/or omissions.
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Plaintiff further alleges that all such Defendants were acting within the course and scope
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22. Plaintiff is a highly successfiil and respected business professional in the music industry,
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since the late 1960's and I970's, functioning as both a creative and business executive.
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23. Through a set of circumstances, in 1986-87, Plaintiff met Defendants Eric Wright (pka
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"Eazy E"), Andre Young (pka "Dr. Dre"), and O'Shea Jackson (pka "Ice Cube").
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24. Ruthless entered into an exclusive Recording Contract with Defendants EazyE, Dr. Dre,
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Ice Cube,and others and formed a group called N.W.A. Additionally, Ruthless arranged
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for a standard 20% commission rate. Under his Management Contract with Ruthless,
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25. Ruthless also entered intoa series of exclusive music publishing contracts with
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Defendants Eazy E, Dr. Dre and Ice-Cube, entitling Ruthless to a percentage of gross
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COMPLAINT
these three artists. Those publishingdesignees of Ruthless were and are "RUTHLESS
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ATTACK MUZICK" and "DOLLARZ N SENSE MUSICK."
and believes, and thereon alleges, that N.W.A. continues to generate many-millions of
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27. In or around May 21,2001, Plaintiff entered into an oral contract for the services of
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Defendants Savidge and Wenkus worked with and met withPlaintiffand prepared at least
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four draft screenplays, including November 14, 2002and August 16,2008 screenplays
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28. At all times, under his agreement with Defendants Savidge/Wenkus/Xenon, the
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screenplays were Plaintiff's property, and in exchange for their services, Defendants
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would receive as a writer and producerof any film based upon the screenplay that Plaintiff
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commissioned them to write.
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29. In or around 2005, Plaintiffalso began to writea book relating the story of Ruthless and
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30. In 2006, Simon and Schuster published the book written by Plaintiffand hisco-author, Gil
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31. On August 11, 2015, in LosAngeles, California, a theatrical motion picture entitled
"STRAIGHT OUTTA COMPTON" (the "Film") premiered and, subsequently, on
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COMPLAINT
August 14,2015, the Filmwas released throughout the United States; the Film was
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released throughout Germany on August 27, 2015; the Film was released throughout the
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United Kingdom onAugust 28, 2015, the Film was released throughout South Korea on
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September 10, 2015; and the Film was released throughout Brazil on October 4, 2015.
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32. Plaintiff is informed and believes, and thereon alleges, that theFilm will soon be released
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in Japan on December 19, 2015, in Russia onNovember 12; and, subsequently, inmost
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countries in the world.
33. Plaintiffis informed and believes, and thereon alleges, that the Filmis basedon the
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NBCUniversal. Inc.).
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34. In theFilm, the character "Jerry Heller" (i.e., Plaintiff) is played byactor Paul Giamatti.
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Plaintiff did not authorize anyone to use his name and likeness or otherwise consent to this
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35. At notime was Plaintiff compensated by any Defendant inany way for his rights, his
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name and likeness that wereutilized in the Film without his consent, nor has Plaintiff
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received any benefits of the Film. In fact, no individual associated with the Film, including
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any ofthe Defendants, ever bothered to contact Plaintiff before the Film was produced.
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36. The Film is littered with false statements that harm thereputation of Plaintiff andaimto
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ridicule and lower him in the opinion of the community and to deter third persons from
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37. A non-exclusive list of examples of some of the defamatory statements in the Film
include, without limitation: Heller is die "bad-guy" in the movie who is solely responsible
for the demise ofN.W.A.; Heller isa sleazy manager who took advantage ofDefendants
Eazy E, Dr. Dre and Ice Cube; Heller steered Defendants Dr. Dre and Ice Cube away from
hiring an attorney to review any contracts sothey could never get paid; Heller intentionally
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COMPLAINT
withheld a $75,000 check from Defendant Ice Cube that rightfully belonged to Defendant
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Ice Cube; Heller fraudulently induced Defendants Dr. Dre and Ice Cube to sign
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unfavorable contracts; Heller made sure lie was paid more than his fair share to the
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detriment of the other members of N.W.A.; Heller did not pay numerous bills and expenses
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of N.W.A., rather, he paid himself first; Heller intentionally kept the members ofN.W.A.
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ofDefendants Dr. Dre and Ice Cube were "still being finalized"; Plaintiff was fired by
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Defendant E^azy E.
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38. In addition, these defamatory statements in the Film are attributable to Defendant Tomika
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Woods-Wright (Eazy E's widow) and also constitute a clear breach of the non11
disparagement clause under the 1999 Settlement Agreement and Releases between Plaintiff
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39. Moreover, a significant amount ofthe Film's content that isfactually accurate is blatantly
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lifted, converted and stolen from Plaintiffs copyright protected and published book and/or
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40. A non-exclusive list of examples of someof the scenes in the Film liftedfrom Plaintiffs
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book and/or from his screenplays include, without limitation: The pivotal scene at the
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Torrance recording studio where the police are forcibly detaining the members ofN.W.A.;
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The pivotal scene where Marion "Suge" Knight uses physical force tocompel Defendant
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Eazy E to sign away the exclusive contractual rights concerning Defendant Dr. Dre owned
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by Ruthless.
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41. The insidiousness ofDefendants' behavior is underscored by the fact that the Film may
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well become the largest globally grossing music-story based film ever. The larger the
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success of the film, thegreater thedamages to Plaintiff, who has been andcontinues to be
defamed, ridiculed, and robbed ofhis personal and financial rights to the extent that the
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COMPLAINT
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FIRST CAUSE OF ACTION
42. Plaintiff re-alleges herein by this reference each and every allegation contained in
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43. Plaintiff first became aware in or about August 2015 of Defendants' malicious publishing
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of false, defamatory, and disparaging statements about Plaintiff in the Film. These
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statements, authored and published by Defendants, are easily accessible to the general
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acquaintances, venturers and contacts, with whom Plaintiff transacts business or plans to
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transact business.
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44. Through the Film, Defendants have actively, recklessly, maliciously, and aggressively
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including persons in the State ofCalifornia, and around the world. The object isto destroy
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and personal attack, and to negatively influence other persons and entities and dissuade
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them from doing business with Plaintiff in the future, based onthe defamatory information
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in die Film.
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45. Given the uncontroverted international distribution and success of the Film, it is clear that
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Defendants' false and defamatory statements about Plaintiff are tremendously detrimental,
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and can easily cause, and have caused, serious damages to the excellent professional
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46. At various times, in various combinations, Defendants, and each ofthem, conspired with
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47. Plaintiffs ability to pursue his professional endeavors depends heavily on his reputation
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48. All ofthe defamatory statements in the Film, including those listed in paragraph 37, above,
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COMPLAINT
are false, in their entirety, as they pertain to Plaintiff. All of said are slanderous because
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the audiences who watched the film heard the statements described in paragraph 37 above
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and understood that Defendants were portraying Plaintiff as a sleazy, greedy, selfish,
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personal manager that took advantage of the members of N.W.A. and caused the demise
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ofN.W.A.
49. All ofthe statements alleged in paragraph 37, above, are also libelous because they expose
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Plaintiff to hatred, contempt, ridicule, and obloquy in that they insinuate that Plaintiff is a
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sleazy, greedy, selfish persona! manager that took advantage of the members ofN.W.A.
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and caused the demise ofN.W.A.
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50. The large number of factual errors, incorrect speculations, innuendo, and out-and-out false
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statements contained in the statements alleged in paragraph 37, above, indicate that
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Defendants utterly failed to investigate the facts prior to publishing these statements inthe
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Film, and shows a reckless disregard or lack of concernfor the truth of said statements.
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51. The above-alleged defamatory statements in the Film were seen, or could be seen,
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financial harm and have, in fact, caused such harm. Defendants made such statements
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intentionally, knowing and/or having reason to know that the public and potential and
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actual clients and business partners, venturers, and associates ofPlaintiffwould rely on
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these defamatory statements andcease doing further business with Plaintiffas a result.
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52. The above-alleged defamation was committed with express malice, hatred or ill-will,
done recklessly, and made to advance Defendants' own selfish and pecuniary interests.
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Defendants, and each of them, published the above-alleged defamatory statements either
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with knowledge that they were false and defamatory ofPlaintiff, or with reckless disregard
for their truth or falsity and the defamatory nature of the statements and the attendant harm
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caused.
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53. As a proximate result of the above-described publications, Plaintiff has suffered loss of
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COMPLAINT
and damage to his exemplary professional reputation, and creditworthiness, all to his
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general damage inan amount to be determined according to proof at trial, but inan amount
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54. The above-described defamatory statements were published by Defendants, and each of
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them, with malice, oppression and fraud, and because oftheir feelings ofhatred and ill-will
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toward Plaintiff, and with willful and conscious disregard for Plaintiffs right to conduct
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his business, thereby justifying an award of punitive damages against Defendants, and each
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of them.
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SECOND CAUSE OF ACTION
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(Trade Libel)
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55. Plaintiffrepeats and re-alleges each ofthe allegations contained in paragraphs 1through '
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56. The above-alleged statements inparagraph 37 are false and, therefore, constitute trade libel
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57. Plaintiff is ahighly successful and respected business professional in the music industry,
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since the late 1960's and 1970's, functioning as both a creative and business executive.
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58. Defendants recklessly, willfully and maliciously made numerous false statements as
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above-alleged, to countless third parties about the supposed impropriety and lawlessness
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59. In fact, Defendants' above-alleged published statements listed in paragraph 37 are false.
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60. The above-alleged statements significantly disparaged Plaintiffs business, and Defendants
made the above-alleged statements intending to cause Plaintiff and his business to suffer
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61. Plaintiff is informed and believes and thereon alleges, that Defendants knew that the
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above-alleged statements were false, deceptive, and misleading when they were made.
Such false statements were intended by Defendants, and each ofthem, to mislead, and, in
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COMPLAINT
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fact, did mislead, the public, as well as Defendants made such statements intentionally,
knowing and/or having reason to know that the public and potential and actual clients,
business partners, venturers, and associates would rely on these defamatory statements and
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62. As a direct and proximate result of the above-alleged statements, Plaintiff has suffered and
will continue to suffer substantial monetary and other damages, including but not limited
to, the expense of measures reasonably necessary to counteract the false statements, in an
63. Plaintiff is informed and believes and thereon alleges that the above-alleged defamation
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was committed with express malice, hatred or ill-will and made to advance Defendants'
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own selfish and pecuniary interests. Defendants, and each of them, knew their statements
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were false when they were made and/or made such statements in reckless disregard of their
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truth or falsity. Defendants knew that the above-alleged statements could and would cause
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Plaintiff severe harm and intended that they cause Plaintiff such harm.
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64. Plaintiff is informed and believes and thereon alleges, that in committing the despicable
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acts set forth above, Defendants, and each of them, acted with malice, ill-will and with the
intent and design of damaging, oppressing and destroying Plaintiffs business enterprises
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with reckless disregard of his rights, all on account of which Plaintiff is entitled to an
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(False Light)
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65. Plaintiff repeats and re-alleges each of the allegations contained in paragraphs 1 through
64, inclusive, as though fully set forth herein.
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66. Defendants published the above-alleged reckless, false and defamatory statements
regarding Plaintiff in the Film.
67. By attributing the statements alleged above to Plaintiff, Defendants placed Plaintiff in a
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COMPLAINT
68. Defendants, by their false representations, have placed Plaintiff in a false light, which
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69. Plaintiff is informed and believes and thereon alleges, that Defendants knew of the falsity
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of the statements or acted in reckless disregard as to the truth or falsity of the statements
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andthe false light in which Plaintiff would be placed by publication of the statements.
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70. Defendants gave publicity to the statements by publishing the statements in the Film,
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71. Plaintiff is informed and believes and thereon alleges, that Defendants intended to depict
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through promoting the idea that Plaintiff was a sleazy, greedy, selfish personal manager
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that took advantage of the members of N.W.A. and caused the demise of N.W.A. The
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statements, as set out above, falsely portray Plaintiff as corrupt, deceitful, crooked, and
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fraudulent.
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72. As a result of the publication of the above-alleged statements, Plaintiff has suffered injury
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to hisexemplary professional reputation and has been threatened with disruption ofhis
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business activities and opportunities, resulting in a substantial loss of income and loss of
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the value of his business. Although the full nature, extent, and amount of these damages
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are currently unknown, this Complaint will be amended at or before trial to insert such
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73. hi addition, Defendants' above-alleged conduct was done with a conscious disregard of the
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rights ofPlaintiff, and was done with the intent to injure Plaintiffs exemplary professional
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reputation. Defendants' acts constitute oppression, fraud, and/or malice, entitling Plaintiff
to an award of punitive damages in an amount appropriate to punish or set anexample of
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(Misappropriation of Likeness)
(Against AH Defendants and Does I - 55)
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COMPLAINT
74. Plaintiff repeats and re-alleges each of the allegations contained in paragraphs 1 through
73, inclusive, as though fully set forth herein.
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75. Without Plaintiffs consent, Defendants used Plaintiffs exact identity in the Film.. In the
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Film, "Jerry Heller" is played by actor Paul Giamatti. Plaintiff never approved to this
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portrayal. Defendants did not even bother to give the character a fictional name, like
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76. Instead, Defendants blatantly used Plaintiffs likeness in the Film for their advantage,
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commercial or otherwise.
78. Defendants' conduct is a substantial factor in bringing about the invasion of Plaintiffs
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79. Plaintiffsuffered the invasion of his rights, including without limitation, his privacy rights,
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80. Plaintiff repeats and re-alleges each of the allegations contained in paragraphs 1 through
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81. Plaintiff has aneconomic relationship with hisclients, which has theprobability for future
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economic benefit to Plaintiff.
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82. Plaintiffis informed and believes, and thereon alleges, that Defendants knew of these
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economic relationships, and intentionally engaged in wrongful and deceptive acts with the
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design to interfere with ordisrupt the prospective economic advantage that would inure to
Plaintiffs benefit as a result, of these economic relationships.
83. Plaintiff is informed and believes, and thereon alleges, thatDefendants' actions have
actually disrupted or interfered with these relationships and made the performance of those
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COMPLAINT
84. Plaintiff is informed and believes, and thereon alleges, that as a direct and proximate result
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of Defendants' conduct and the disruption ofthe economic relationship between Plaintiff
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and itscustomers, Plaintiff has suffered significant legal damages, in amount that is
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85. Plaintiff is informed and believes, and thereon alleges, that Defendants' wrongful actions
were willful, malicious, oppressive and inconscious disregard of Plaintiffs rights, and that
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86. Plaintiff repeats and.re-alleges each ofthe allegations contained inparagraphs 1through
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87. Plaintiff is informed and believes, and thereon alleges, that Plaintiff has aneconomic
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relationship with its clients, which hastheprobability for future economic benefit to
Plaintiff.
88. Plaintiff is informed and believes, and thereon alleges, that Defendants knew, or should
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have known, of these economic relationships, and they did not act with reasonable care
with regard to Defendants' wrongful and deceptive acts designed to interfere with or
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89. Plaintiff is informed and believes, and thereon alleges, that Defendants' actions have
actually disrupted orinterfered with these relationships and made the performance ofthose
relationships more burdensome andexpensive for Plaintiff.
90. Plaintiff is informed and believes, and thereon alleges, that Defendants' wrongful conduct
was a substantial factor in causing harm to Plaintiff. Defendants' conduct resulted in the
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disruption of the economic relationship between Plaintiff and his clients, Plaintiffhas
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COMPLAINT
suffered damage to its business, and its good will, in amount that is presently unknown, but
which will be proven at trial.
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SEVENTH CAUSE OF ACTION
91. Plaintiffrepeats and re-alleges each of the allegations contained in paragraphs 1 through
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92. On or around December 17, 1999, Plaintiff, on the one hand, and Defendant Tomika
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Woods-Wright and Comptown Records, Inc. on the other hand, executed a written
Settlement Agreement and General Releases, resolving the actions between themthat were
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consolidated as Los Angeles Superior CourtCase No. BC172414. A true and correctcopy
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that they "shall not make any statements, directly or indirectly in writing,orally, or in any
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94. Plaintiff performed all, or substantially all, of the significantthings that the contract
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95. As alleged above, the tortious statements attributable to Defendant Woods-Wright and
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Comptown Records, Inc. in the Film constitute a clear breach of the Settlement
Agreement.
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96. The breach of contract by Defendant Woods-Wright and Comptown Records, Inc. caused
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Heller to suffer significant legal damages, in an amountto be provenat the time of trial.
EIGHTH CAUSE OF ACTION
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97. Plaintiff repeats and re-alleges each ofthe allegations contained inparagraphs I through
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COMPLAINT
98. In every contract or agreement there isanunplied promise ofgood faith and fair dealing.
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This means that each party will not do anything to unfairly interfere with the right ofany
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99. Onor around December 17,1999, Plaintiff, on the one hand, and Defendant Tomika
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Woods-Wright and Comptown Records, Inc., on the other hand, executed a written
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Settlement Agreement and General Releases, resolving theactions between them that were
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consolidated asLos Angeles Superior Court Case No. BC1724I4. Atrue and correct copy
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100. Plaintiff performed all,or substantially all, of the significant things thatthe contract
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101. Defendant Woods-Wright and Comptown Records, Inc. unfairly interfered with
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102. Plaintiff was harmed byher conduct. This breach byDefendant Woods-Wright and
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Comptown Records, Inc. caused Plaintiff to suffer significant legal damages, in anamount
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103. Plaintiff repeats and re-alleges each ofthe allegations contained in paragraphs 1through
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104. In or around May 21,2001, Plaintiffentered into an oral contract for the services of
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Defendants S. Leigh Savidge and Alan Wenkus of Defendant Xenon Pictures, Inc/Xenon
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Defendants Savidge and Wenkus worked with and met with Plaintiffand prepared atleast
four draft screenplays, including November 14,2002 and August 16,2008 screenplays
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COMPLAINT
105. Atall times, under his agreement with Defendants Savidge/Wenkus/Xenon, the
screenplays were Plaintiffs property, and in exchange fortheirservices, Defendants
Savidge/Wenkus/Xenon were to receive equal credit and equal compensation that Plaintiff
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would receive asa writer and producer ofany film based upon the screenplay that Plaintiff
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commissioned them to write.
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107. Plaintiff is informed and believes, and thereon alleges, that theFilm is based on the
screenplay drafted by Defendants Savidge and Wenkus, and that Defendants
Savidge/Wenkus/Xenon sold the screenplay, behind Plaintiffs back and without Plaintiffs
authority or consent, to New Line Cinemas (who in turn sold the screenplay to Defendant
NBC Universal).
108. The breach of contract by Defendants Savidge, Wenkus, and Xenonhavecaused Plaintiff
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109. Plaintiff repeats and re-alleges each of the allegations contained inparagraphs 1through
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110. Inevery contract oragreement there is an implied promise ofgood faith and fair dealing.
This means that each party will not do anything to unfairly interfere with the right ofany
other party to receive the benefits of the contract.
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111. In or around May 21, 2001, Plaintiff entered into an oral contract for the services of
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COMPLAINT
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agreement, Defendants Savidge and Wenkus worked with and met with Plaintiff and
prepared atleast four draft screenplays, including November 14,2002 and August 16,
112. Plaintiff performed all, orsubstantially all, ofthe significant tilings that the contract
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113. Defendants Savidge, Wenkus, and Xenon have unfairly interfered with Plaintiffs right to
114. The breach of contract by Defendants Savidge, Wenkus, and Xenon have caused Plaintiff
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(Conversion)
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115. Plaintiff repeats and re-alleges each ofthe allegations contained inparagraphs 1through
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116. Plaintiffowned and had a right to possess the Book and the Screenplays.
117. Defendants intentionally andsubstantially interfered with Plaintiffs property rights to
die Book and the Screenplays by adopting them astheir own and misappropriating them to
make the Film.
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119. Defendants prevented Plaintiff from having access to the Book and the Screenplays.
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121. Plaintiff is informed and believes, and thereon alleges, that Defendants' wrongful
conduct was a substantial factor incausing harm to Plaintiff, in amount that is presently
unknown, but which wilt be proven at trial.
TWELFTH CAUSE OF ACTION
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(Copyright Infringement)
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(Against AH Defendants and Does 1 - 90)
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COMPLAINT
122. Plaintiff repeats and re-alleges each ofthe allegations contained in paragraphs 1through
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123. Plaintiff is informed and believes and therein alleges that Defendants have violated one
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124. Plaintiff isthe owner ofa valid copyright. Specifically, Plaintiff is the original author of
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the Book; Plaintiffs Book is copyrightable; and Plaintiff complied with the applicable
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125. Plaintiff secured a valid copyright registration certificate from theCopyright Office.
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126. Plaintiff is informed and believes and thereon alleges that Defendants unlawfully copied
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die constituent elements of the Book thatareoriginal, specifically, numerous scenes that
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are factual in the Film are blatantly lifted directly from the Book.
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infringement, by Defendants and any profits of the Defendant infringers that are attributable
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to the infringement andare not taken into account in computing theactual damages,
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owner sustains the burdenof proving, and the court finds, that infringement was committed
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willfully, thecourt in its discretion may increase theaward of statutory damages to a sum
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WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as
follows:
1. For monetary damages, in an amount to be proven at trial, believed to be not less than
$35,000,000.00;
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COMPLAINT
3, For punitive and exemplary damages, in an amount tobe proven attrial believed tobe not
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4, For restitution ofail gains, profits and advantages obtained by Defendants, and each of
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them, as a result oftheir wrongful and unlawful conduct, in an amount to be proven attrial;
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6. For such other and further relief as this Court deems proper.
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By:
Michael R. Shapiro
Attorney for Plaintiff GERALD E.HELLER
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COMPLAINT