(Page 1 of 55) un; .-.- .m?n . (omwmmAmN?a MICHAEL R. SHAPIRO, ESQ. (SBN 37011) 612 North Sepulveda Blvd, Suite 11 Los Angeles, CA 90049 Tel.: (310) 472-8900 Fax: (310) 472-4600 Email: mickeyimc@aol.com Attorney for Plaintiff, Gerald E. Heller YOUNG, PKA DR DRE, an individual; THE ESTATE OF ERIC WRIGHT, PKA EAZY E, an individual; TOMICA WOODS-WRIGHT, individually and as the personal representative of the ESTATE OF ERIC COMPTOWN RECORDS, INC., a corporation; MATT ALVAREZ, an individual; SCOTT BERNSTEIN, an individual; LEGENDARY PICTURES, a corporation; XENON PICTURES, INCJXENON ENTERTAINMENT GROUP, a corporation; JONATHANHERMAN, an LAW OFFICES OF MICHAEL R. SHAPIRO, APC k0?0\00\ 5? E"it" Glam :0 - ounly of 1 05 gnagle'joim'a omaomn Sh erri B. Carter olive O?i'c . . erfClerk ?ag Deputy anal a :9 Be ?at/*3 AIDUUVX ?ew SUPERIOR COURT OF THE STATE OF CALIFO COUNTY OF LOS ANGELES CENTRAL DISTRICT GERALD E. HELLER, an individualCase No.: Plaintiff, V- - COMPLAINT FOR: NBCUNIVERSAL, INC., A SUBSIDIARY OF (LIBEL SLANDER) - COM . - RAD Gmg?i?ngg?lgfg?slgENAgAg?S?gN 3- FALSE LIGHT .. . . . 4. MISAPPROPRIATION 0F LIKENESS SR, PKA ICE CUBE, an l?leldllaI; ANDRE 5. WITH A PROSPECTIVE ECONOMIC ADVANTAGE 62 NEGLIGENT INTERFERENCE WITH A PROSPECTIVE ECONOIVIIC ADVANTAGE 7. BREACH OF CONTRACT (SETTLEMENT AGREENIENT) 8. BREACH OF IMPLIED COVENANT OF GOOD FAITHAND FAIR DEALING (SETTLEMENT AGREEMENT) 9. BREACH CONTRACT 10. BREACH OF IMPLIED COVENANT individual; ANDREA BERLOFF, an {$113 individual; 3. LEIGH SAVIDGE, an 11, CONVERSION g; '3 a A $3 individual; ALAN WENKUS, an individual; 12. COPYRIGHT 1NFR1Ngg?my andDoesl-IUO, 33% dang" 9n n" Defendants. a: nilPlaintiff Gerald E. Heller (sometimes referred to as "Jerry" or "Plaintiff') submitg. a? El 338% n: COMPLAINT E: i2' 5 Ag Doc# 1 Page# 1 - Doc ID 1632671476 - Doc Type OTHER (Page 2 of 55) i i Complaint and alleges, upon information and belief as follows: 3 JURISDICTION AND VENUE 4 l; As noted more fully in the FACTS COMMON TO ALL COUNTS section ofthis 5 Complaint, this action arises out of act of defamation, conversion and other tortious I. 6 behavior and breach of a Settlement Agreement between Plaintiff Gerald E. Heller and 7 Defendant Tomica Woods-Wright and Comptown Records, Inc. and Does 1-20, and 8 certain scenes, words, images, implications and innuendo within a theatrical Motion 9 Picture entitled, "Straight Outta Compton" that all Defendants noted in the caption above i 10 and Does 20-50 created, wrote,.directed, produced and distributed globally tO the detriment I 1 1 of Plaintiff Gerald E. Heller. 12 2. All of the above transactions and activities took place in the County of Los Angeles within 13 jurisdiction of this Court. All individual Defendants reside in the County of Los 14 Angeles, within the jurisdiction of this Court. Defendants NB CUniversal, Inc., a subsidiary 15 of Comcast- Corporation and Defendant Legendary Pictures have their principal places of 1 6 business in the County of Los Angeles, within the jurisdiction of this Court. 1 7 Venue is proper in this Court under California Code Of Civil Procedure Section 395 as many Of the wrongful conduct alleged herein occurred in this County, all of the individual 18 Defendants reside in Los Angeles County and as noted above, both NBCUniversal, Inc., a 1 9 subsidiary of COmcast Corporation and Defendant Legendary Pictures maintain businesses 3 20 in this County and all parties are either located in or do business in this County ofLos 21 Angeles, State of California. 22 PARTIES 23 Plaintiff GERALD E. HELLER, an individual, as to the events outlined in this Complaint, :24 is and was a resident of the County of Los Angeles, Stateof Califomia. i i: ?25 5. Defendant NBCUNIVERSAL, INC, a subsidiary of COMCAST CORPORATION, a i 26 corporation, does business and has its principal place of business in the County of Los 27 Angeles, State of Califomia. t--..t28 6. Defendant LEGENDARY PICTURES, a corporation, does business and has its principal i if I Li! 2 COMPLAINT Doc# 1 Page# 2 Doc ID 1632671476 - Doc Type OTHER (Page 3 of 55) 1 . . place of business in the County of Los Angeles, State of California. 7. Defendant XENON PICTURES, ENTERTAINMENT GROUP, a corporation, does business and has its principal place of business in the County of Los Angeles, State of California. . . F. GARY GRAY, an individual, as to the events outlined in this Complaint, is and was a resident of the County of Los Angeles, State of California. 9. Defendant JACKSON SR., PKA ICE CUBE, an individual, as to the events outlined in this COMPLAINT, is and was a resident of the County of Los Angeles, State of California. 10. Defendant ANDRE YOUNG, PKA DR. DRE, an individual, as to the events outlined in 00 1'0 . this Complaint, is and was a resident of the County of Los Angeles, State of California. 1 'l Defendant ESTATE OF ERIC WRIGHT PKA EAZY E, is resident in the County of 12 Los Angeles, State of California. . 13 12. Defendant TOMICA an individual and as the personal representative 1 4 of the Defendant ESTATE OF ERIC WRIGHT, as the events outlined in this Complaintresident of the County of Los Angeles, State of Califomia. 1 6 13. Defendant COMPTOWN RECORDS, corporation, does business and has its .. . principal place of business in the County of Los Angeles, State of California. 17 14. Defendant MATT ALVAREZ, an individual, as to the events outlined in this Complaint, 18 is and was a resident of the County of Los Angeles, State of California. l9 15. Defendant scorr BERNSTEIN, an individual, as to the events outlined in this 20 Complaint, is and was a resident of the County of Los Angeles, State of California. 21 16. Defendant JONATHAN HERMAN, an individual, as to the events outlined in this 22 Complaint, is and was a resident of the County of Los Angeles, State of California. 23 I7. Defendant ANDREA BERLOFF, an individual, as to the events outlined in this Complaint, is and was a resident of the County of Los Angeles, State of California. is} 25 18. Defendant S. LEIGH SAVAGE, an individual, to the events outlined in this Complaintresident of the County of Los Angeles, State of California. 27 19. Defendant ALAN WENKUS, an individual, as to the events outlined in this Complaintresident of the County of Los Angeles, State of California. Lit COMPLAINT Detail 1 Pager? 3 Doc ID 1632671476 - Doc Type OTHER (Page 4 of 55) 1 20. Plaintiff GERALD E. HELLER is not aware of the true names and capacities of the I 2 Defendants sued herein as Does 1-100 inclusive and therefore sue these Defendants by 3 their ?ctitious names. Plaintiff will seek leave of Court to amend the Complaint to re?ect 4 the true names and capacities of said Does 1-100, inclusive when these have been 5 ascertained. Plaintiff is informed and believes that said ?ctitiously named Defendants, and 6 each of them, were responsible in some manner for the harm Sustained by Plaintiff as set I 7 forth herein. 1 2i . Plaintiff GERALD EHELLER alleges that each Defendant was the agent, principal and/or 2 employee of each other in the acts, conduct and omissions alleged herein and therefore 10 incurred liability to Plaintiff GERALD E. HELLER for all such acts and/or omissions. 1 1 Plaintiff further alleges that all such Defendants were acting within the course and scope 12 of their employment and! or said agency. 13 FACTS COMMON TO ALL COUNTS '14 22. Plaintiff is a highly successful and reapected business professional in the music industry, 15 since the late 1960?s and 1970?s, functioning as both a creative and business executive. '16 23. Through a set of circumstances, in 1986-87, Plaintiff met Defendants Eric Wright (pka 17 "Eazy Andre Young (pka "Dr. Dre?), and O?Shea Jackson (pka "Ice Cube"). 18 Subsequently, in early 1987, Defendant Eazy formed an independent Record Company 19 called RUTI-ILESS RECORDS ("Ruthless"). Under his Management Contract with 20 Ruthless, Plaintiff was entitled to a 20% interest in Ruthless. 21 24. Ruthless entered into an exclusive Recording Contract with Defendants Eazy E, Dr. Dre, 22 Ice Cube, and others and formed a group called N.W.A. Additionally, Ruthless arranged ll 23 for Plaintiff to provide management services to the members of N.W.A., except Ice Cube, I :24 for a standard 20% commission rate. Under his Management Contract with Ruthless, 5:25 Plaintiff successfullymanaged N.W.A., (apartfrom Ice Cube) for several years, 25. Ruthless also entered into a series of exclusive music publishing contracts with 1.. .27 Defendants Eazy E, Dr. Dre and Ice-Cube, entitling Ruthless to a percentage of gross :28 music publishing revenues generated by music compositions written in whole or in part by Lu 4 COMPLAINT Doc# 1 Pages 4 - Doc ID 1632671476 Doc Type OTHER (Page these three artists. Those publishing desrgnees of Ruthless were and are i 2 ATTACK and SENSE ll 3 - 26. Under Plaintiff 3 management, N.W.A. became hugely successful. Plaintiff is informed 4 and believes, and thereon alleges, that N.W.A. continues to generate many-millions of 2 dollars in revenue from multiple revenue streams on a global basis. I The Screenplay and The Book i 7 27. In or around May 21, 2001, Plaintiff entered into an oral contract for the services of i 8 Defendants, S. Leigh Savidge and Alan Wenkus of Xenon Pictures, Inc/Xenon i 9 Entertainment Group ("Xenon") to collaborate with Plaintiff to write an original i 10 screenplay relating the story of Ruthless and N.W.A. In furtherance of this agreement, 1 Defendants Savidge and Wenkus worked with and met with Plaintiff and prepared atleast 1 2 four draft screenplays, including November 14, 2002. and August 16, 2008 screenplays 13 entitled, "Straight Outta Compton." 14 28. At all times, under his agreement with Defendants Savidge/Wenkus/Xenon, the 15 screenplays were Plaintiff?s preperty, and in exchange for their services, Defendants 1 6 Savidge/Wenkus/Xenon were to receive equal credit and equal compensation that Plaintiff 17 would receive as a writer and producer of any ?lm based upon the screenplay that Plaintiff 1 8 commissioned them to write. 19 29. In or around 2005, Plaintiff also began to write a book relating the story of Ruthless and 20 N.W.A. that contained similar substantive content as the screenplays that Defendants 21 Savidge and Wenkus were drafting. 22 30. In 2006, Simon and Schuster published the book_ written by Plaintiff and his co?author, Gil I H23 Reavill, entitled A "copyright by Jerry Heller." (See I 324 Exhibit A attached) i ?525 . The Film: "Straight Outta Compton" i 31. On August 11, 2015, in Los Angeles, California, a theatrical motion picture entitled I 28 OUTTA (the "Film") premiered and, subsequentlyCOMPLAINT Doc# 1 Page? 5 Doc ID 1632671476 - Doc Type OTHER (Page 6 of 55) 1 August 14, 201 5, the Film was released throughout the United States; the Film was 2 released throughout Germany on August 27, 2015; the Film was released throughout the 3 United Kingdom on August 28, 2015, the.Film was released throughout South Korea on 4 September 10, 2015; and the Film was released throughout Brazil on October 4, 2015. 5 32. Plaintiff is informed and believes, and thereon alleges, that the Film will soon be released 6 in Japan on December 19, 2015, in Russia on November 12; and, subsequently, in most I 7 countries in the world. i 8 33. Plaintiff is informed and believes, and thereon alleges, that the Film is based on the 9 screenplayvdrafted by Defendants Savidge and Wenkus, and that Defendants i 10 Savidge/Wenkus/Xenon sold the screenplay, behind Plaintiff?s back and without Plaintiff' I authority or consent, to New Line Cinemas (who in turn sold the screenplay to Defendant 1 . NBCUniversal, Inc.). I 13 34. In the Film, the character "Jerry?Heller" (123., Plaintiff) is played by aetorxPaul Giamatti. i 14 Plainti? did not authorize anyone to use his name and likeness or otherwise consent to this I 1 5 portrayal in the Film. I 16 35. At no time was Plaintiff compensated by any Defendant in any way for his rights, his 1 2 name and likeness that were utilized in the Film without his consent, nor has Plaintiff received any benefits of the Film. In fact, no individual associated with the Film, including 19 any of the Defendants, ever bothered to contact Plaintiff before the Film was produced. I i 20 36. The Film is littered with false statements that harm the reputation of Plaintiff and aim to i ridicule and lower him in the Opinion of the community and to deter third persons from 23 associating or dealing with him. 324 37. A non-exclusive list of examples of some of the defamatory statements in the Film i include, without limitation: Heller is the "bad-guy" in the movie who is solely responsible for the demise of Heller is a sleazy manager who took advantage of Defendants .33 Eazy E, Dr. Dre and Ice Cube; Heller steered Defendants Dr. Dre and Ice Cube away from i hiring an attorney to review any contracts so they could never get paid; Heller intentionally . 3 . 6 COMPLAINT Doc# 1 Page# 6 - Doc ID 1632671476 Doc Type OTHER (Page 7 of 55) o. 3525 27 ?:28 I.) I withheld a $75,000 check from Defendant Ice Cube that rightfully belonged to Defendant Ice Cube; Heller fraudulently induced Defendants Dr. Dre and Ice Cube to sign unfavorable contracts; Heller made sure he'was paid more than his fair share to the detriment of the other members of Heller did not pay numerous bills and expenses of rather, he .paid himself ?rst; Heller intentionally kept the members of N.W.A. in the dark regarding ?nances; Heller was enjoying "lobster brunches" while the contracts of Defendants Dr. Dre and Ice Cube were "still being ?nalized"; Plaintiff was ?red by Defendant Eazy 38. In addition, these defamatory statements in the Film are attributable to Defendant Tomika Woods-Wright (Eazy B?s widow) and also constitute a clear breach of the non- disparagement clause under the 1999 Settlement Agreement and Releases between Plaintiff and Defendant Woods-Wright. 39. Moreover, a signi?cant amount of the Film?s content that is factually accurate is blatantly lifted, converted and stolen from Plaintiff?s copyright protected and published book and/or. from the screenplays that Plaintiff owns. 40. A non-exclusive list of examples of some of the scenes in the Film lifted from Plaintiff?s book and/or from his screenplays include, without limitation: The pivotal scene at the Torrance recording studio where the police are forcibly detaining the members of The pivotal scene where Marion "'Suge" Knight uses physical force to compel Defendant Eazy to sign away the exclusive contractual rights concerning Defendant Dr. Dre owned by Ruthless. 41. The insidiousness of Defendants? behavior is underscored by the fact that the Film may well become the largest globally grossing music?story based ?lm ever. The larger the success of the ?lm, the greater the damages to Plaintiff, who has been and continues to be defamed, ridiculed, and robbed of his personal and ?nancial rights to the extent that the intentional and egregious behavior of Defendants demands the imposing of punitive damages, as alleged below. COMPLAINT Doctt 1 Paganl 7 Doc ID 1632671476 - Doc Type OTHER (Page FIRST CAUSE OF ACTION i 3 [Defamation (Libel CC 45 Slander CC 46)] (Against All Defendants and Does 1 - 25) 4 42. Plaintiff re-alleges herein by this reference each and every allegation contained in i 5 paragraphs 1 through 41, inclusive, as though fully set forth herein. 1 43. Plaintiff ?rst became aware in or about August 2015 of Defendants? malicious publishing of false, defamatory, and disparaging statements about Plaintiff in the Film. These 8 statements, authored and published by Defendants, are easily accessible to the general 9 public, including Plaintiffs potential and actual business partners, connections, 10 acquaintances, venturers and contacts, with whom Plaintiff transacts business or plans to 1 1 transact business. 12 44. Through the Film, Defendants have actively, recklessly, maliciously, and aggressively 13 distributed false and defamatory information about Plaintiff to millions of individuals, 14 including persons in the State of California, and around the world. The object is to destroy I 1 5 Plaintiff?s exemplary professional reputation, to make him the object of ridicule, hatred, 16 and personal attack, and to negatively in?uence other persons and entities and dissuade 17 them from doing business with Plaintiff in the future, based on the defamatory information I 1 8 in the Film. 19 45. Given the uncontroverted international distribution and success of the Film, it is clear that i 20 Defendants? false and defamatory statements about Plaintiff are tremendously detrimental, and can easily cause, and have caused, serious damages to the excellent professional 23 reputation which Plaintiff has worked tirelessly to establish. H24 46. At various tirnes, in various combinations, Defendants, and each of them, conspired with I each other to engage in the acts, as alleged in this Complaint. I 47. Plaintiff" ability to pursue his professional endeavors depends heavily on his reputation i ?327 for competence, high integrity, credibility, and honesty. :328 48. All of the defamatory statements in the Film, including those listed in paragraph 37, above, I til i :8 Doc# 1 Page# 8 - Doc ID 1632671476 Doc Type OTHER (Page are false, in their entirety, as they pertain to Plaintiff. All of said are slanderous because the audiences who watched the ?lm heard the statements described in paragraph 37 above and understood that Defendants were portraying Plaintiff as a sleazy, greedy, sel?sh, personal manager that took advantage of the members of N.W.A. and caused the demise of N.W.A. 49. All of the statements alleged in paragraph 37, above, are also libelous because they exPose Plaintiff to hatred, contempt, ridicule, and obloquy in that they insinuate that'Plaintiff is a sleazy, greedy, sel?sh personal manager that took advantage of the members of N.W.A. and canscd the demise of N.W.A. 50. The large number of factual errors, incorrect speculations, innuendo, and out-and-out false statements contained in the statements alleged in paragraph 37, above, indicate that Defendants utterly failed to investigate the facts prior to publishing these statements in the Film, and shows a reckless disregard or lack of concern for the truth of said statements. 51. The above-alleged defamatory statements in the Film were seen, or could be seen, potentially, by millions of peOple who reside in California, and elsewhere. Defendants made these defamatory statements intending to cause Plaintiff?s business interests to suffer ?nancial harm and have, in fact, caused such harm. Defendants made such statements intentionally, knowing and/or having reason to know that the public and potential and . actual clients and business partners, venturers, of Plaintiff would rely on these defamatory statements and cease doing further business with Plaintiff as a result. 52. The above-alleged defamation was committed with express malice, hatred or ill-will, done recklessly, and made to advance Defendants? own sel?sh and pecuniary interests. Defendants, and each of them, published the above-alleged defamatory statements either with knowledge that they were false and defamatory of Plaintiff, or with reckless disregard for their truth or falsity and the defamatory nature of the statements and the attendant harm caused. 53. As a proximate result of the above-described publications, Plaintiff has suffered loss of 9 COMPLAINT ,l Doc# 1 Page# 9 - Doc ID 1632671476 - Doc Type OTHER (Page 10 of 55) i 1 and damage to his exemplary professional reputation, and creditworthiness, all to his i 2 general damage in an amount to be determined according to proof at trial, but in an amount i . 3 well in excess of this Court?s general jurisdiction. 4 -- 54. The above-described defamatory statements were published by Defendants, and each of I 5 them, with malice, Oppression and fraud, and because of their feelings of hatred and ill-will 6 toward Plaintiff, and with willful and conscious disregard for Plaintiff?s right to conduct I 7 his business, thereby justifying an award of punitive damages against Defendants, and each 5 2 of them. SECOND CAUSE OF ACTION 5 10 (Trade Libel) 1 1 (Against All Defendants and Dues 1 - 35) 12 55. Plaintiff repeats and re-alleges each of the allegatiOns contained in paragraphs 1 through 13 54, inclusive, as though fully set forth herein. 14 56. The above?alleged statements in paragraph 37 are false and, therefore, constitute trade libel 1 5 and trade disparagement of Plaintiff?s business. 16 57. Plaintiff is a highly successful and respected business professional in the music industry, 17 I since the late 1960?s and 1970?s, functioning as both a creative and business executive. 18 58. Defendants recklessly, willfully and maliciously made numerous false statements as 19 above-alleged, to countlessthird parties about the supposed impropriety and lawlessness 20 with which Plaintiff Operates his business. 21 I 59. In fact, Defendants? above-alleged published statements listed in paragraph 37 are false. 60. The above-alleged statements signi?cantly disparaged Plaintiff?s business, and Defendants made the above-alleged statements intending to cause Plaintiff and his business to suffer 53324 substantial ?nancial harm and have, in fact, caused such harm. ?25 61. Plaintiff is informed and believes and thereon alleges, that Defendants knew that the I ?3326 above-alleged statements were false, deceptive, and misleading when they were made. I Such false statements were intended by Defendants, and each of them, to mislead, and, in i 51 . 10' COMPLAINT Boat? 1 Page# 10 - Doc ID 1632671476 - Doc Type OTHER (Page 11 of 55) 00?40301-1303104 fact, did mislead, the public, as well as Defendants made such statements intentionally, knowing andfor having reason to know that the public and potential and actual clients, business partners, venturers, and associates would rely on these defamatory statements and cease doing further business with Plaintiff as a result. 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 amount according to proof at trial. 63. Plaintiff is informed and believes and thereon alleges that the above-alleged defamation was committed with express malice, hatred or ill-will and made to advance Defendants? own sel?sh and pecuniary interests. Defendants, and each of them, knew their statements were false when they were made andlor made such statements in reckless disregard of their truth or falsity. Defendants knew that the above-alleged statements could and would cause Plaintiff severe harm and intended that they cause Plainti?f such harm. 64. Plaintiff is informed and believes and thereon alleges, that in committing the despicable 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 Plaintiff?s business enterprises with reckless disregard of his rights, all on account of which Plaintiff is entitled to an award of punitive damages against Defendants and each of them. - THIRD CAUSE OE ACTION (False Light) (Against All Defendants and Does 1 - 45) 65. Plaintiff repeats and re-alleges each of the allegations contained in paragraphs 1 through 64, inclusive, as though fully set forth herein. 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 i=1. COMPLAINT Doc# 1 Page# 11 Doc ID 1632671476 Doc Type OTHER (Page 12 of 55) 1 false light before the public. I i 2 68. Defendants, by their false representations, have placed Plaintiff in a false light, which 3 i would be highly offensive to any reasonable person- 4 69. Plaintiff is informed and believes and thereon alleges, that Defendants knew of the falsity 5 of the statements or acted in reckless disregard as to the truth or falsity of the statements 6 and the false light in which Plaintiff would be placed by publication of the statements. E: I 70. Defendants gave publicity to the statements by publishing the statements in the Film, i 9 which makes those statements accessible worldwide to potentially millions of individuals. 71. Plaintiff is informed and believes and thereon alleges, that Defendants intended to depict I 10 Plaintiffs in a false, ?ctionalized and sensationalized light in order to bene?t themselves i through promoting the idea that Plaintiff was a sleazy, greedy, sel?sh personal manager . that took advantage of the members of N.W.A. and caused the demise of N.W.A. The 13 statements, as set out above, falsely portray Plaintiff as corrupt, deceitful, crooked, and :ll fraudulent. i 16 72. As a re3u1t of the publication of the above-alleged statements, Plaintiff has suffered injury i to his exemplary professional reputation and has been threatened with disruption of his 1 17 business activities and opportunities, resulting in a substantial loss of income and loss of 18 the value of his business. Although the full nature, extent, and amount of these damages 19 are currently unknown, this Complaint will be amended at or before trial to insert such i information if such an amendment is deemed necessary by the Court. I 73. In addition, Defendants? above-alleged conduct was done with a conscious disregard of the I rights of Plaintiff, and was done with the intent to injure Plaintiff?s exemplaryprofessional i p,24 reputation. Defendants? acts constitute Oppression, fraud, and/or malice, entitling Plaintiff I :25 to an award of punitive damages in an amount appropriate to punish or set an example of i ?126 the Defendants, to be determined at trial. 2 FOURTH CAUSE OF ACTION 1 27 (Misappropriation of Likeness) 28 (Against All Defendants and Does 1 - 55) . 12 COMPLAINT 1 Pages? 12 Doc ID 1632671476 Doc Type OTHER (Page 74. Plaintiff repeats and re-alleges each of the allegations contained in paragraphs 1 through I 2 73, inclusive, as though fully set forth herein. 3 75. Without Plaintiff?s consent, Defendants used Plaintiff?s exact identity in the Film._ In the i 4 Film, "Jerry Heller? is played by actor Paul Giamatti. Plaintiff never approved to this i 5 portrayal. Defendants did not even bother to give the character a ?ctional name, like i. 6 "Gary Beller," for example. 7 76. Instead, Defendants blatantly used Plaintiff?s likeness in the Film for their advantage, 8 commercial or otherwise. 9 77. Defendants misappropriated Plaintiff?s likeness with actual malice. 10 78. Dcfendants? conduct is a substantial factor in bringing about the invasion of Plaintiffs 1 1 rights, including without limitation, his privacy rights. '1'2 79. Plaintiff suffered the invasion of his rights, including without limitation, his privacy rights, 13 entitling him to legal damages, according to proof at trial. 14 FIFTH CAUSE OF ACTION I 15 (Intentional Interference with Prospective Economic Advantage) 16 (Against All Defendants and Does 1 - 65) 17 80. Plaintiff repeats and re?alleges each of the allegations contained in paragraphs 1 through I 18 79, inclusive, as though fully set forth herein. 81. Plaintiff has an economic relationship with his clients, which has the probability for future economic bene?t to Plaintiff. i 21 82. Plaintiff is informed and believes, and thereon alleges, that Defendants knew of these i 22 economic relationships, and intentionally engaged in wrongful and deceptive acts with the #23 design to interfere with or disrupt the prospective economic advantage that would inure to i 24 Plaintiffs bene?t as a result of these economic relationships. i #25 83. Plaintiff is informed and believes, and thereon alleges, that Defendants? actions have i >26 actually disrupted or interfered with these relationships and made the performance of those a ,27 relationships more burdensome and expensive for Plaintiff. .2228 . i an ?13. COMPLAINT Doc# 1 Page# 13 Doc ID 1632671476 - Doc Type OTHER (Page w?T24 ?25 3?26 .327 b.328 U1 0 84. Plaintiff is informed and believes, and thereon alleges, that as a direct and proximate result of Defendants? conduct and the disruption of the economic relationship between Plaintiff and its customers, Plaintiff has suffered signi?cant legal damages, in amount that is presently unknown, but which will be proven at trial. 85. Plaintiff is informed and believes, and thereon alleges, that Defendants? wrongful actions were willful, malicious, oppressive and in conscious disregard of Plaintiff?s rights, and that Plaintiff is therefore entitled to an award of exemplary damages to punish Defendants for their wrongful conduct. SIXTH CAUSE OF ACTION (Negligent Interference with Prospective Economic Advantage) (Against All Defendants and Does 1 75) 86. Plaintiff repeats and.re-alleges each of the allegations contained in paragraphs 1 through 85, inclusive, as though fully set forth herein. Plaintiff is informed and believes, and thereon alleges, that Plaintiff has an economic relationship with its clients, which has the probability for future economic bene?t to Plaintiff. 88. Plaintiff "is informed and believes, and thereon alleges, that Defendants knew, or should 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 disrupt the prOSpective economic advantage that would inure to Plaintiff?s bene?t as a result of these economic relationships. 89. Plaintiff is informed and believes, and thereon alleges, that Defendants? actions have actually disrupted or interfered with these relationships and made the performance of those relationships more burdensome and expensive 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 disruption of the economic relationship between Plaintiff and his clients, Plaintiff has [14. COMPLAINT Doctt 1 Page# 14 Doc ID 1632671476 Doc Type OTHER (Page suffered damage to its business, and its good will, in amount that is presently unknown, but i 2 which will be proven at trial. 3 SEVENTH CAUSE OF ACTION. i 4 (Breach of Contract-Settlement Agreement) 5 (Against Defendant Tomika Woods-Wright, Comptown Records, Inc. and Does 1- 85) i 3 91. Plaintiff repeats and re-alleges each of the allegations contained in paragraphs 1 through 90, inclusive, as though fully set f0rth herein. I 8 92. On or around December 17, 1999, Plaintiff, on the one hand, and Defendant Tomika 9 Woods-Wright and Comptown Records, Inc. on the other hand, executed a written i 1 0 Settlement Agreement and General Releases, resolving the actions between them that were consolidated as Los Angeles Superior court Case No. BC 1724 14. A true and correct copy of the executed Settlement Agreement is attached hereto aS'Exhibit B. i 13 93. Under Paragraph 2] of the Settlement Agreement (Non Disparagement and Non- 1 14 Interference), Plaintiff and Defendant Woods-Wright and Comptown Records, Inc. agreed 15 that they "shall not make any statements, directly or indirectly in writing, orally, or many 16 . other form, which diSparage in any way the other." I 17 94. Plaintiff performed all, or substantially all, of the signi?cant things that the contract 18 required him to perform. 19 95. As alleged above, the tortious statements attributable to Defendant Woods-Wright and 20 Comptown Records, Inc. in the Film constitute a clear breach of the Settlement 21 Agreement. . i 22 96. The breach of contract by Defendant Woods-Wright and Comptown Records, Inc. caused im 23 Heller to suffer signi?cant legal damages, in an amount to be proven at the time of trial. 1'3! 24 EIGHTH CAUSE OF ACTION (Breach of Implied Covenant of Good Faith and Fair Dealing) 1 (Against Defendant Tomika Woods-Wright, Comptown Records, Inc. and Does 1? 85) 97. Plaintiff repeats and re?alleges each of the allegations contained in paragraphs 1 through It: i u: 15- COMPLAINT Doc# 1 Page# 15 - Doc ID 1632671476 - Doc Type OTHER (Page 16 of 55) i 1 96, inclusive, as though ?illy set forth herein. . 2 98. In every contract or agreement there is an implied promise of good faith and fair dealing. .3 I This means that each party will not do anything to unfairly interfere with the right of any 4 other party to receive the bene?ts of the contract. 5 99. On or around December 17, 1999, Plaintiff, on the one hand, and Defendant Tomika 6 Woods-Wright and Comptown Records, Inc., on the other hand, executed a written i E: Settlement Agreement and General Releases, resolving the actions between them that were i 9 I consolidated as Los Angeles Superior Court Case No. A true and correct copy of the executed Settlement Agreement is attached hereto as Exhibit B. 10 100. Plaintiff performed all, or substantially all, of the signi?cant things that the-contract 1 1 required him to perform; 12 101. Defendant Woods-Wright and Comptown Records, Inc. unfairly interfered with 13 Plaintiff?s right to receive the bene?ts of the contract. 14 102. Plaintiff was harmed by her conduct. This breach by Defendant Woods-Wright and 15 Records, Inc. caused Plainti? to suffer signi?cant legal damages, in an amount 16 to be proven at the time of trial. 17 . NINTH CAUSE OF ACTION 18 (Breach of Oral Contract) 19 (Against Defendants Savidge, Wehkus, and Xenon and Does 1 - 90) 20 103. Plaintiff repeats and re-alleges each of the allegations contained in paragraphs 1 through 21 102, inclusive, as though fully set forth herein. 22 104. In or around May 21, 2001, Plaintiff entered into an oral contract for the services of 1M Defendants S. Leigh Savidge and Alan Wenkus of Defendant Xenon Pictures, Inc/Xenon I E) Entertainment Group ("Xenon") to collaborate inth Plaintiff to write an original . screenplay relating the story of Ruthless and N.W.A. In furtherance of this agreement, '23 Defendants Savidge and Wenkus worked with and met with Plaintiff and prepared at least . I I four draft screenplays, including November 14, 2002 and August 16, 2008 screenplays E: in 1'6 COMPLAINT 1 Page# 16 Doc ID 1632671476 - Doc Type OTHER (Page 17 of 55) 1 entitled, "Straight Outta Compton." 2 105. At all times, under his agreement with Defendants SavidgelWenkusMenon, the i 3 screenplays were Plaintiff?s property, and in exchange for their services, Defendants 4 Savidge/Wenkus?ienon were to receive equal credit and equal compensation that Plaintiff I 5 would receive as a writer and producer of any ?lm based upon the screenplay that Plaintiff 6 commissioned them to write. 7 106. Plaintiff performed all, or substantially all, of the signi?cant things that the contract i 8 required him to perform. 1 9 10?. Plaintiff is informed and believes, and thereon alleges, that the Film is based on the 10 screenplay drafted by Defendants Savidge and Wenkus, and that Defendants 1 1 Savidge/Wenkus/Xenon sold the screenplay, behind Plaintiff?s back and without Plaintiff?s 12 authority or consent, to New Line Cinemas (who in turn sold the screenplay to Defendant 13 NBC Universal). .5 14 108. The breach of contract by Defendants Savidge, Wenkus, and Xenon have caused Plaintiff 1 I to suffer signi?cant legal damages, in an amount to be proven at the time of trial. 16 TENTH CAUSE OF ACTION 17 (Breach of Implied Covenant of Good Faith and Fair Dealing) i 18 (Against Defendants Savidge, Wenkus, and Xenon and Dues 1 90) . 19 109. Plaintiff repeats and re-alleges each of the allegations contained in paragraphs 1 through 20 108, inclusive, as though fully set forth herein. 1 110. In every contract or agreement there is an implied promise of good faith and fair dealing. i This means that each party will not do anything to unfairly interfere with the right of any 5 other party to receive the bene?ts of the contract. i 111. In or around May 21, 2001, Plaintiff entered into an oral contract for the services of 25 Defendants S. Leigh Savidge and Alan Wenkus of Xenon Pictures, Inc/Xenon :32 26 Entertainment Group ("Xenon") to collaborate with Plaintiff to write an original i screenplay relating the story of Ruthless and N.W.A. In furtherance of this i . Lil . 17' i COMPLAINT Doc# 1 Page# 17 - Doc ID 1632671476 Doc Type OTHER (Page 18 of 55) .- 1 agreement, Defendants Savidge and Wenkus worked with and met with Plaintiff and 2 prepared at least four draft screenplays, including November 14, 2002 and August 16, 3 2008 screenplays entitled, "Straight Outta Compton".- 4 112. Plaintiff performed all, or substantially all, of the signi?cant things that the contract 5 required him to perform. 6 - 113. Defendants Savidge, Wenkus, and Xenon have unfairly interfered with Plaintiff's right to 7 . receive the bene?ts of tliepontract. 8 114. The breach of contract by Defendants Savidge, Wenkus, and Xenon have caused Plaintiff 9 to suffer signi?cant legal damages, in an amount to be proven at the time of trial. 10 ELEVENTH CAUSE OF ACTION 1 1 (Conversion) 1 2 (Against All Defendants and Does 1 - 90) 1 3 115. Plaintiff repeats and re-alleges each of the allegations contained in paragraphs 1 through 14 I 114, inclusive, as though fully set forth herein. 1 5 1 16. Plaintiff owned and had a right to possess the Book and the Screenplays. 16 117. Defendants intentionally and substantially interfered with Plaintiff?s property rights to 1 7 the Book and the Screenplays by adopting them as their own and misappropriating them to I 1 8 make the Film. 19 I '1 18. Defendants took possession of the Book and the Screenplays. 20 . 19. Defendants prevented Plaintiff from having access to the Book and the Screenplays. 21 120. Plaintiff did not consent to Defendants? actions. 22 "121. Plaintiff is informed and believes, and thereon alleges, that Defendants? wrongful 23 conduct was a substantial factor in causing harm to Plaintiff, in amount that is presently i 24 '53 unknown, but which will be proven at trial. 25 1 TWELFTH CAUSE OF ACTION(Copyright Infringement) -. 2 'i (Against All Defendants and Dues 1 - 90) "v 28 (3.1 I a. I 3 COMPLAINT Doc# 1 Page# 18 - Doc ID 1632671476 - Doc Type OTHER [Page 19 of 55) 1 122. Plaintiff repeats and re-alleges each of the allegations contained in paragraphs 1 through 121, inclusive, as though fully set forth herein. 3 5 123. Plaintiff is informed and believes and therein alleges that Defendants have violated one 4 or more of the exclusive rights granted to Plaintiff as a cepyright owner. 5 . 124. Plaintiff is the owner of a valid copyright. Speci?cally, Plaintiff is the original author of 6 the Book; Plaintiff?s Book is copyrightable; and Plaintiff complied with the applicable 7 I statutory formalities to secure his copyright. 8 . 125. Plaintiff secured a valid cepyright registration certi?cate from the COpyright Of?ce. - 9 126. Plaintiff is informed and believes and thereon alleges that Defendants unlaw?illy copied 1 0 the-constituent elements of the Book that are original, Speci?cally, numerous scenes that . 1 1 i are factual in the Film are blatantly lifted directly from the Book. 1 2 i - 127. Plaintiff is entitled to recover the actual damages he suffered as a result of the 1 3 infringement by Defendants and any pro?ts of the Defendant in?ingers that are attributable I 111 - to the infringement and are not taken into account in computing the actual damages, 1 5 according to proof at trial. 1 6 . 128.' Alternatively, Plaintiff is entitled to statutory damages. In a case where the copyright 1 7 owner sustains the burden of proving, and the court ?nds, that infringement was committed 1 8 willfully, the court in its discretion may increase the award of statutory damages not more than $150,000. .20 21 PLAINTIFF DEMANDS TRIAL BY JURY i 22 23 PRAYER FOR RELIEF 24 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of themfollows. 26 1. For monetary damages, in an amount to be proven at trial, believed to be not less than I 27 $35,000,000.00; 28 2. For prejudgment interest at the maximum legal rate; I t3! l-r - 1J1 '19 COMPLAINT nose 1 Pageii 19 - Doc ID 1632671476 Doc Type OTHER (Page 20 of 55) 1 I 2 3.. For punitive and exemplary damages, in an amount to be proven at trial believed to be not less 3 . 4 For restitution of all gains, pro?ts and advantages obtained by Defendants, and each of i them, as a result of their wrongful and unlawful conduct, in an amount to be proven at trial; 5 5. For costs and expenses, including attorneys? fees; and i 6 6. For such other and further relief as this Court deems prOper. 7 8 1 9 pal??h 0010b 61' 30: 2015 LAW OFFICES OF MICHAEL R. SHAPIROMichael R. Shapiro 13 - Attorney for Plaintiff GERALD '3?28 5? 20? COMPLAINT Doc# 1 Page# 20 1632671476 - Doc Type OTHER (Page 21 of 55) s-t EXHIBIT A Doc# 1 Page# 21 - Doc: ID 1632671476 - Doc Type OTHER (Page 22 of 55) EXHIBIT A Doc# 1 Page# 22 - Doc ID 1632671476 Doc Type OTHER 1 Page# 23 - Doc ID 1632671476 - Doc Type OTHER .3.- - #51 5:331MAVERICK MUSIC MOGUI - qw-mp? (Page 23 of 55) {Page 24 of 55) For Gayle And for Eazy This is a work of non?ction. I have done my best to tell this story the way it happened and. in many cases. clear up standing misconceptions and misunderstandings. Events and actions have been retold as I have remembered them. Conversations presented in dialogue form have been re-created based on my memory of them, but they are not intended to represent word-for?word decumenta- tion of what was said; rather, they are meant to evoke the substance of what was actually said. Photographs on pages 12, 50, 30. 105, 145, 151. 159, 179, 206. 217. 246, 259, and 283 are from the author's collection. Photograph on page 3 copyright 2006 by Goldsmith Photograph on page 26 courtesy of Alonzo Williams Photograph on page 195 by Bleu Cotton Photography, Photograph on page 229 copyright 2006 by Jim Britt, courtesy of Michael Ochs Archive Photograph on page 274 copyright 2006 by Michael Ochs Archive .. SIM 0N SPOTLIGHT ENTERTAINM ENT An imprint of Simon 0: Schuster 1230 Avenue of the Americas, New York, New York 10020 5 5 Copyright 2006 by Jerry Heller All rights reserved. including the right of reproduction in whole or in part in any form. Also available in a Simon Spotlight Entertainment hardcover edition. SIMON SPOTLIGHT ENTERTAINMENT and related logo are trademarks of Simon 6: Schuster, Inc. Designed by Steve Kennedy Manufactured in the United States of America First Edition Library of Congress Cataloging-in-Publication Data Heller, jerry, 1940? Ruthless I by Ierry Heller with Gil Beavill. p. cm. Includes discography 312) ISBN ~13: 978-1-4159-1792-2 (he) . ISBN-10: 14169-17926 (he) 3? 1:;Heller, Jerry, 1940- 2. Sound recording executives and .- . producers?United States?Biography. if: 3. Ruthless Records (Firm). 1. Reavill, Gil, 1953- II. Title. MM29.H333A3 2006 . 781.64092?dc22 .. [Bl . 2096013857 ISBN-13: 978-1-4169-1794-6 (phk) ISBN-10: 14159-1794-2 (pbk) Boat? 1 Pagett 24 Doc ID 1632671476 Doc Type OTHER (Page 25 of 55) EXHIBIT Doc# 1 Page# 25 Doc ID 1632671476 Doc Type OTHER (Page 3-31 I EXHIBIT Doc# 1 Page# 26 Doc ID 1632671476 - Doc Type . . . OTHER (page 27 of 55) 12/17/1393 13:18 818883 17:33 2315 . .. "a .- Dayan-rm 52m? 1 LI. 1 v- ?51183? i - I i This Satllarmnl Agrnamam and agnura! HelenaOceania]: 199:; by and among tho following 92mm E. Hausa. (insulin-y lndiu?rldunly and doing hualnm an Artist Hallar Agency: ammim RECORDS. ma. common: a Califomiu Corporation. aha admuias memos and an a. mammals.- Rom SWEENEY. Ede Might Trust and {Jo-Executor at Thu! WRIGHT. and no com-mm cl Th. Esme 6! Eric wrlam; mum Venous- ??rrunteo of the Eamutor at the Eat?: a! Em: wag? comma Individually and as c: Erin Wright ?mm: and Go- WN homing Casi Number 3:317:41 .- 1318 Mani-a Superim- Guun Kat{(151 Juiugnma OTHER 1 Page# - Doc ID 1632671476 - Doc: Type Doc {Page luf Mann manna can: No. 30175217. Tum Mo mum have bun annao?datud under Cm Nu. 5017'2414 mu aha" enlla'ctlvaly ha rofurnd as thu ?L'maxnou: a. naLLEn-e l?iin?l RONALD mama and TOMIGA wanna. WRIGHT In their mum-sun m? Jinn-aloe? In this [Million by noun ureter aurora! on November 25. 1887. c. amigos dune to mom 'thalr Ind fuliy and finally raaolvu tho li?al?un no provided In \hls n? An andan n! In magnum at its ?man! In pay um HELLER [any mama and A: an mandala-I to WHW Ind In. mums: a! COMPTOWN Imam sown SWEENEY and ?Towca woons-wnmii'r mu Mir Mam HELLER In In hilly and ?nally mow. the mutton. a! the menus and mutual nmmlus i?e Doc# 1 Page# 28 - Doc ID 1632671476 - Doc Type OTHER (Page $9 of 55) contained In receipt and adaqumy'o! which an nanny attic-Lama?. parties Igrna as follows: 1. mm Subject tn the: pm?alonn this agreement. WWSWI any h? HELLER the sum of ?him Two Hundmd and Tram-ml Dollars 'Seltiemant Amount?}. In addition. nemma shall . payto HELLER mum on ma autumn: mumpaid by City Na?nnu! Bunk im?BEl We accnunus" for tho period November 15. 1998 until paid to HELLER. Cohounanlly with {he execution of this shall causal, tha Sat?mnt Antuunt to ba annulled, if not already} dun: 5b, In Taxable Awuunt' with Gity National Bank? dalivar communist: or such danced: mwrlon?y with marina n! this. WW. Famonl shall he madaopnyabla in tho HOBENBUT a. walk up cus'm- ?mum monum- and man be paid (1) cashier's check: Dr (2) wire tram-hr or humpback. Thu Cour! approval at 111a ??lament, as &?en Lu 4 i Doc# 1 Page# 29 - Doc ID 16326?1476 - Doc Type OTHER (Page 30 of 55) provided In gender: 22 below. aha? bl obtain-u as man an primal)?. Ind HEOOFIDS shall hsva numnuhla ?an: to conclude this sealant-rut an at harm December 30, 1999. .. 5 a Upon-1? receipt by HELLER of the lunch: dammed in paragraph 1 and th- emcuuan of this chili calm to be mad. forthwith. a Roquaet tor mammal With Prejudice ragard h: Ihc LITIGATION. . 5- mm Each party shall'baar thall- own atlumlya? has. and cents. I I . 4.1 Sump-ti as in this annullan hnmund-r. ".10 one aids. and on ma athar sldo. harehy Mly. ?nally and form" SaraDoc# 1 Page# 30 Doc ID 1632671476 Doc Type OTHER (Page 31 of 55) ruluaa and discharg- ?such other. mow-trusts. thalr raspactlve agents. i Inf-llama. dlructorc. :haruhaluoro. a?lliutas. agents Ind brokers. 81138233513 and assigns 1mm any and clnimn. . . . liability. demands and causes of action 0! any kind and Wm ulnh may nan or havoqu ham or claim to have autumn! the nlhor by reason of any mutar or thing which mum: nr may haw mumd mm 5 "winding. but not ume in. me- muuars arising out of or In any cannoan with. directly or thu matur- allcaud In tho This la 5 general and mutual relum and both HELLER and THE BARNES with to and hard-by artisans and: other from any and all claims that may or may no: out. boih hm Ind that gamma: prior It? data at this agreement. HE!le covenant: and cum Ihat pumuum In Ihin sex-Mum amiss?;me a: winning any and an exam 1: any Pentium 0: Gommlsilnns an any manna carnal or mind by my DOWN PARTIES after tha data cl this agreement. 4.2 HELLER and THE PARTIES, and each or Ihnm. hereby mm \Qai'iau BBS I '5 5 I a 3 Doc# 1 Page# 31 - Doc ID 1632671476 Doc Type OTHER (Page 32 of 55) any Ind rights Which they may have under the provisions or sauna-1542' In! tho own Code at tho State nl Oalifumln. which reads as follow;- GENERAL mum: hues-nor mm: amen ?955,103? ma? 0.120333% In 51137 In muons me Tina: on 355335; my? 13 'av iimliiu?r' MW ?91.55;ng ?rm-mp: wnr'u? . 1; . n' .., THE BEING mm or emu cone sea?o?. amass? wAwE ANY RIGHTS mar MAY wars UNDER SAID cons SECTION. As UNDER oruan gramme on caisson LAW, PRINCIPLES or: SIMILAR arms-r. Ls HELLER and PARTIES undan that the In raupaat at which this {ongoing releas- Ia given may haras?ur him out in be other than or 'dl?am! 1mm fact: may known to 1mm or believe! by them to he (run. any day exprauiy gamma the duh of tho facts wrung airman! and agme that the tonguan mime shall be and not auhject all rum u?umivo musiumh by any such dl?a?mcb in facts[.53 I Doc# 1 Page# 32 Doc ID 16326714?6 - Doc Type OTHER (Page 33 of 55) 446 Hunting uuntninnd in this ammonium at any Baby-art anal! Conan?! a i minus at any at the unwitting rights or obiinaiiml claim! by this SETTLEMENT General Mutual Reissue. I i 4.5 HELLEH and THE GOHPYUWN Fianna: that they the sale awnan oi may oinim or matter mlemd haraln and maximum not maidens]? unsigned or tnnuiamd. or purponad to assign or tannin: any: ouch 5 ai?ima Or other man-rs. This punglapn 6M8 Elm? ?Miriam! num- due tram flay-ER to third puma: [or obligations of HELLER m- pnymam 61 which are i indicated upan thu-nnhuiuahn of tha nauiomont hominder. HELLER rcpruunta and ?name ma: THE mm Plime ma no chug-neon in third party i by mum at any d?r-u?unem by him to lay in any mind parry an} amount or tho i comment humiliation-2 . I 1 a. All adrenmenis. _uwonantu, and warm-moo. exams: and implied, oral and written, oi thu parties In summers: concerning its. aubllot matter urn contained hen-in. Nu oinlr ammonia. cownanis. 000i} 1 Page? 33 Doc ID 1632671476 Doc Type OTHER. (3) $319+; or warm-tun. mama and Impl'nd. and am! wrlunn. ham bean made by any palm: to any num- puny concerning ma sublets! matte! of this SETTLEMENT AGREEMENT and Genera! Mum! Halal?. All ruler and .. contempomnaouo summations. naaut?lauonu. and allagad'namamama, covenants and warranties concerning the auhjact matter of Ibis SETTLEMENT mammal annual Mum: Hui-m no Named hamln. This is an {manna AGREEJENTHEI General Mutunl Edam and II only arm all partan hm ?mind the aummam. This ant-amen: may not be modi?ed or mind ?gap! by mural; Mutant. signed by and! a! the panic: hat-in. my}.qu such an madman! Hr-rhod?lcmn. HELLER and THE PARTIES lunhnr warrant. promise and mammal-d {but in mcuung thla 39mm: may nut relying upon any rapraaemalion. prumlaa. or mammal. if any. and that they are not [plying an 3113f promlw. atahmant or rapraapmation. 5 than: are any. unnamed In any other writtun Instumum. . TW J3 ammo with con GI - 172 #a?ea I (59 30 be 959a) (Page 35 of 55) cum-no?n-u - a - HELLER and THE COMPTOWN names new: to execute any anew-mm mmnebty nm a: carry out the mum at this thermal or any of It: terms. 7- This ugranm?ant shall be mns?lruud? u?d? the In: at the Stats of Guillomia and chill mt b. Interpreted with regard to who prepmd than aura-mint.? ahall he Immutad as though all partial: participated onually In Its preparation. Tho headings and In 1th SETTLEMENT AGREEMENT In for rhhuntm only Inc! shall not n?ect'tho construction at the 5mm .- mu?n?u. .- . 3- May bamwted In whiah taken together shall canaum up: Fax alumnus: shall be d?uc?va upun tranumlulan and 1h: renalpt may shall he treated as maugh thay unnamed original signatures. #85 I 1? Doc# 1 Page# 35 - Doc ID 16326?1476 - Doc Type OTHER (Page 69'uulmugpum zumnpuaum ua mm 6mm mum ?and ma yo man pawn uemm W10 palH'PDl? on touMmanaauevnawa'um 11mm 'mm mam mm- m: n: and": mama's announce 3H1. mm tam-13H 8m Iuamauan mm pm; It". B1111. Hm 1uupgm an um 4 as g- m; unaut- Oq [rims calico we mp pm! aqua! nu: ammo pun panama": on Am luau:an 0M Iagdcaatoqd ?Ida: pm; 'muoa alumnus um: 536.16! a! 11 E31335 magmauav mailime mm so (round wanna an sailinwm PHI MUM muo- PIIB sun-mu: am nu ma ?mm; and mum mu uuw?a ?1an 4mm dun smmo u: go gunmamaa ?Imam: 3 cl mm 1qu some pun spun-lunar! mm and um Doc# 1 Page# 36 - Doc ID 1632671476 Doc'Type OTHER (Page 3? of 55) If! 12. BEEBESW a: manna. All parties have bean rapmuntnd by am! 01? Ihall? own mousing and ham obialnad [ha mm and audanu al such emu! tn mm?nn lanai. 13- - . Sash party tn this WW has uranium rand and ravinuad this and understand: It tally. and. each party has .m?md ma turml cl 1N: AGREEMENT with an . am? of the party's choice prior to executing Ihln SETTLEMENT AGREEMENT. 14. Each person exam-an 1m SETTLEMENT at has tha autho?t, ungum SETTLEMENT Wham my on Iwh?nn blha? um portion ts purvuwng to 9mm n. . i 1 For! i. E: 1 I h} Doc# 1 Page# 37 Doc ID 1632671476 Doc Type OTHER (Page 38 of 55) 15- The partial: to this'l?renmanl undaromnd and that fur the matters alleged In tha LITIGATION is Iglpu'lld by} the para-a mama In mm.meh a and shall not be ashamed as an admission af liability with raspact tn the - ma?m allde 13- Any Realms and above an Incomomtod harm a: mm a! thin agreement as though u: '10th In full. 17. I In the event that any provision at this SETTLEMENT mastoid be held by court of aompatent to be Void. void-bin. [Ilia-l or _In any Input. the ?nishing portions lharen! and provision: haunt anal] navanhalqua ramnln ?In full form and a?oat. as such mid.? valduhla. lilacs] or had nqwar been cantalned In the - 12 ..-. . ?1 -. .. .- Doc# 1 Page# 38 - Doq ID 1632671476 - Doc Type OTHER I (Page 39 of 55) i~ Wm i The Ruf?es aortic thni Hun. Vlcturlu Chaney. Judge of the La: Any-Ia; SuPa?Dr Court. 19. will retain jurisdiction war this matter puma! Bunion saw at the cm a! mu Procedure. I I I If! 19. Emmi ?an! almna?: II any actiun to onion- tam? a! this party shall be un?lled to mauve! all Inn-nonalbb cow and mum. including. but not to. masonlbla mommy's Ina. I. .- A incumu-nr In with th- anfummom of 20. mm The game; lam that um larng at this I 533:23 Ix! 1?31. 1- i a. Doc# 1 Page# 39 - Doc ID 1632671476 - Doc Type OTHER (Page --.-.- M- - .- ?l?t smmem If. down! In In con?dan?ll and may not be can?dm?al we shall not be dado-ad ta anyapno mix that renown: human: animal amines: 1) Pmannt counsel In the LITIGATION and'any subaaquant comm] It.- ?wmom? nny' puly In regard to 1h: LITIGATION or the cf Iha turns of IhIa AGREEMENT. 2) The pu?u? spuum: 3] The. panIu' accountants. business mmanuru an?nr num- nrufnulonals ?lhnt arq for. or wIIh Ihalr ?naneIaI'pIannlnu air?ow tux propumlinn. than the 'mona .andlar anutlas bnumomhd above. Iho tom of 1M: unless compound by an enter 9! a noun cl compuan jurisdldinn. If Inquiry Is mud: to any puny relating 10 the runquIInn 9f the LITIGATION. tho agma that tam: of the newsman! [win not be but um the ?lament 'I'ho mater has hum resolved to 1m the panlaa' . will be lung! to sunny the lam: SETTLEMENT AGREE-HEM. titular no any any new or thelr counsel chum-??lo the ??lament any i .. .FIB I4 Doc# 1 Page# 40 - Doc ID 1632671476 Doc Type OTHER {Page further or would. any tur?lmr dam]: of ?alum-ht chant mmptilalori? to dull nu mlmugn Ilia! promise. Nmmandlnu the foregoing, th. i may nuke any dihdu?llm ol lho hams of thin sanlamnm tumult at I may ha required for the of ebulth approval by tho 0mm, pumumt ta I I sauna a a we AGREEMENT. HELLER. on this one hand. and THE WHOM PARTIES. on the umurhand. shall not who any sham?nt. dluutb or indirectly In writing. omliy at [many n?d-lar bun. which dumps In any my ?ue other. The turns: of AGREEMENT will hm no lm? and am union the ??lament harmimdar is appmuad by Amalia 81.1mm!? Cnun' in the action sun-u Lo- I Angolan Supa?or Cour! No. BP 03409: [the 'Pmbue Action?). that i . THE PARTIES have the obllqauqn to can? an npplioailon Doc# 1 Page# 41 Doc ID 1632671476 - Doc Type OTHER (Page 42 of 55} :1 the sm?emam ho In .Prnbata Action on or baton nanemhar 15. 1933. an run as the uihllgaunn to exam any dnculmnta and)? make any court a?p?mnc?aa that are reasonably n?mmry tar the apprwal of this settlement by mun .h the Pram Action. In th- mm ma court . In the Pram Action denies the appllou?un ashram the unionism. and audr rating I: a ?nal determlnatlon by the court on tha merits. this agreement and . I I all mutations and oral ?woman! aammam. If my. mum pruned? ll, emu . manarmanue?m IN the homo each haw applaud and Md this: SETTLEMENT AGREEMENT e?ec?w as of the data not rum dam. Dal-d: ?in #1999 GERALDEHEIJHL individwa and doing Mamas: as Lulu Hullur ?may .may? QUE Doc# 1 Page# 42 - Doc ID 1632671476 - Doc Type OTHER (Page 1333 19:18 3183882815 ARTISTS HELLER 133647-69 17-53 FRan:oapeerRasenhlILLItvalc LLF 123-3164777680 PEESE 1183/21.: 1.. n? .. .1 WhmJag Ema-w: . 90:? .wDatadL .1999 .- .nlI?l anal-J no.1 mum Ill mun-n ul?altavn-Inu In?! fa.) C: i I 13mm;E 1 Page# 43 Doc ID 1632671476 - Doc Type OTHER 30G - (II DOG - #9596 I #000 Ll I .: I. ?auomma Dmuna - . . 'ggj?im- 9:43;:beme - sea v- - v?lw-I -- m- m: :51? a ?9521.9995- pme B??lmmamq (95 J0 a?ea) (Page 45 of 55) i Dated; . -._1999 a Corporation, dbaRUIHLEssnEoonDs. and also doing business as 5 Title:. I 41999 mum: SWEENEY. individually 1 and' as Ctr-Trustee of The Eric Wright Trust rand [Jo-Executor of the [Estate of Eric Wrighi A. i 23?Doc# 1 Page? 45 - Doc ID 1632671476 - Doc Type OTHER (Page 46 of 55) i 1 .- mac-ammo Milt?: FREE 19 i I. lilac .17 17' EB PROHIDapeuarsenhl iLLibVIl-l LLP PAGE 18/29) 1 i I I 33de .- - - . i . .. an; _u I gm. hwyAPPna-wg kai . i ?mm . Wood: Wright I Gaul; - . - 1899. DAPEER. ROSENBUT LITVAK LLP I i Esq. Amman rur HELLER DIH mm: unusmu mm mm mm Imn IIi-?-?l?a Doc# 1 Page# 46 - Doc ID 1632671476 - Doc Type OTHER (Page 47 of 55) on- u-u?n. . D?i?dLQec la, .1 985 I ?t By:- .. ?inmuzqu?uy? aha '66? @9111?, w?jax?t: Twat; the - Wanna} Lam Ahmm fur Hausa 1B fruapg j; Rosana:er uwm up It. Enq. - Doc# 1 Page# 47 Doc ID 1632671476 Doc Type OTHER am 000 ?bums? 00a - at: 3359a 1: #000 ?alum mammom 13' I?Bmouv . mm MM '3 mm, Numb (hi. I :t i (In4190350 ?uu359a) (Page 49 of 55) 0. ORIGINAL 0 Gilli-010 ATTORNEY 0R PARTY ATTORNEY (Name. Stale Barnumoer. anemones]: FE URI USE ONLY Michael R. Shapiro, A Professional Corporation SEN: 3701] Supen'Or Calm . 612 North Sepulvcda Eculevard, Suite ll Caumy of Of Los Angeles, California 90049 05 Angeles TELEPHONE no; 310-472?8900 FAXNO: 310-472-4600 Gerald E. HBHBI 3 0 count or CALIFORNIA. counrv or Los Angeles I smemnoness: 1 I North Hill Street ?hem Fl. Ca . ?er, 1 ADORESS: By my - l- O?LCel'lCierit CITYAND aecooe Los Anggles, CA 90012 Cristina erg-a, a Deputy 9mm We; Central istrict, Stanley Mosk C0urthouse Lt? CASE NAME: Heller vs. NBCUniversal, Inc, etal CIVIL CASE COVER SHEET Complex Case Designation I . unlimmad CI Limitea i:i Counter '3 Jotnder "Us - - (Amount (Amount 3 9 4: 9 9 demanded demanded is Filed with??rst appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules at Court. rule 3.402) DEPT: llems 1?6 below must be completed {s?ee'instructr?ons on pays-2). 1: Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litlgatlon Auto (22) 3mm. of mnuam?nanw {05} real. Rules of Court, rules moo-3.403) Uninsured motorist (46) Rule 3.740 collections [00) El regulation {03) other [Personal i: Construction defect (10) Da?rria'g'e?ltlrongtul death?o?rt tingy?npq Fq?e'rage (13) CI Mass tort [40} ._s_i_}esttis (011 I:l Securities litigation r23) Ci. Product liabillty?tzit] ,Reatempew i: EnvironmentallToxic tort {30) ?will?? calemc?ce'l45) till-i080! dqmainilmem Insure nce coverage claims arising from the f" condemnation (14] above listed provisionally complex case Nomeueonvo {other} Tort _i:i (33) types [3 Business {til-i '3 {26} Enforcement 0f Judgmant Ci lell'rl'gt'lte roe) Utilawttil Detainer- l:l Enforcement of judgment {20) Defamation commercial (31} Miscellaneous Chill Complaint . [3 Fraud Ci Residential (3.2-) RICO t2?) I i: Intellectual prop'ofty- i: 01119-5 (33) Other complaint {not speci?ed above} {42) Ju?llcla' Rewew Miscellaneous Petition i:i Um idii'l35) ?manure {05) Partnership and corporate governance (21) Emploimoht Pelltlon re: arbitration award {11) Other pen-man {nofspecmad above) (43} Wrongful termination {36] El Writ of mandate (02) Other employment (15) CI Other judicial review (3913 . This case is [ii is not complex under rule 3.400 of the commute Rules of Court. It the case is complex. mark the factors requiring exceptional judicial management a. El Large number of separately represented parties d. Large number of witnesses b. El Extensive motion practice raising dif?cult or novel e. El Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties. states. or countries. or in a federal court c. El Substantial amount of documentary evidence f. i: Substantial postjudgmentjudlcial supervision 3 Remedies sought apply): a. monetary nonmonetary: declaratory or injunctive'relief c. punitive 4: Number of causes of action (specify): 12 Causes Of Action (SEE ATTACHED) 5. IIbis case Cl is is not a class action suit. 6; ll? there are any known related cases. ?le and serve a notice of related case. {You DalEl 1080/2015 MICHAEL R. SHAPIRO m'ee on o'er?m NAME) . talcum l?be PARTY FOR one?!) NOTICE- ole'aintifl must ?le this cover sheet with the ?rst paper tiled in the action or proceeding (except small claims cases or cases ?led it; der the Probate Code. Family Code. or Welfare and institutions Code). (Cal. Rules of Court. rule 3.220.] Failure to file may result in sanctions. - File this cover sheet in addition to any cover sheet required by local court rule. .Ql?iflihis case is complex under rule 3.400 et seq. of the Caliiomia Rules of Court. you must serve a copy of this cover sheet on all {other parties to the action or proceeding. Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposesd'rjlyi it! in; .1 ?o?1?ol' 2 Forth Adopted tar Maroattxy Use '91 Rules ol' Cain. miss 2.30. 3.220. moo-3.403. 3.740. melatonindtumaiitomia CIVIL CASE COVER SHEET Cal. OLA-010 (Rev. July 1. 2007] m.corrtv'nlo.ca.gov Dociil 1 Pagelt 49 - Doc ID 1632671476 - Doc Type 2 OTHER (Page 50 of 55) CM- 10 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET 0 Tc Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example. a complaint) in a civil case. you must complete and ?le. along with your first paper. the Civil Case Cover Sheet cantained on page This information will be used to compile statistics about the types and numbers of cases ?led. You must complete items 1 through 6 on the sheet. In item 1. you must check one box for the case type that best describes the case. If the case tits both a general and a more specific type of case listed in item 1. check the more speci?c one. If the case has multiple causes of action. check the box that best indicates the primary cause of action. To assist you in completing the sheet. examples ofthe cases that belong under each case type in item 1 are provided below.. A cover sheet must be filed only with your initial paper. Failure to ?le a cover sheet with the ?rst paper filed in a civil case may?subiect 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 de?ned as an action for recovery of money owed in a sum stated to be certain that is not more than 325.000. exclusive of interest and attorney's fees. arising from a transaction in which property. services. or money was acquired on credit. A collections case does not include an action seeking the following: (1)tcr1 damages. (2) punitive damages. (3) recovery of real property. (4) recovery of personal property. or (5) a prejudgment writ of attachment. The identi?cation 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 rules. unless a defendant ?les a reaponsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3340. To Parties in Complex Cases. In complex cases only. parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court. this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex. the cover sheet must be served with the complaint on all parties to the action. A defendant may ?le and serve no later than the time of its ?rst appearance a icinder in the plaintiff?s designation. 3 counter-designation that the case is not complex. or. the case is complex. CASE TYPES AND EXAMPLES if the plaintiff has made no designation. a designation that Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Auto f22)?Personai Breach of ContacllWarranty [06} Rules of Court Rules 3.400-3.403) DamagelWrongful Death Breach of RentallLease Antitrustrirade Regulation (03) Uninsured Motorist (45) Contract (no! unlawful detainer Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort [40) morons; claim subject to Conuactharranty Breach?Seller Securities Litigation {28} arbitration, check this item instead ofAufo) Other {Personal Injury! Property DamagelWrongful Death] Tort Asbestos (04) Asbestos Property Damage Plaintiff {not fraud or negligence) Negligent Breach of Contract! Warranty Other Breach of Contractharranty Collections money owed. open book accounts) [09) Collection Case-Seller Plaintiff Environmentatn'oxic Tort (30) Insurance Coverage Claims {arising from provisionally complex case type listed above) {41) Enforcement of Judgment Enforcement of Judgment {20) Abstract of Judgment (Out of Asbestos Personal injuryr Other Promissory NofelCollectlons 001101?) Wrongful Dean. Case Confession of Judgment (non- Product Liability (not asoeslos or Insurance average mesm?a?l? domestic relations) toxic/environmental} (24} complex) (18) Sister State Judgment Medical Malpractice (45) Auto Sublimation Administrative Agency Award Medical Malpractice? Other Coverage [not unpaid taxes) Physicians 0 Surgeons Other Contract (37) Pel'lIONce?mcauon 01' Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Othecrz Enforcement of Judgment Other (23) Real Property . 359_ I Premises Liability slip Eminent MISEGHEHBOUS Complaint and fall) Condemnation (14) R100 {27) . . Intentional Bodily Wrongful Eviction {33) (?Di assault. vandalism) Other Real Propeny (egu quiet We) {26) a ove)( Intentional Infliction of Emotional Distress Negligent Intiiction of Emotional Distress Other [Dthert Tort Business TortlUnfair Business Practice (07) Civil Rights leg. discrimination. false arrest} {not civil Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property {not eminent domain, landlord/tenant. or foreclosure} Unlawful Detainor Commercial (31) Residential (32) (33) if! the case involves illegal Declaratory Relief Only Relief Only (non- harassment} Mechanics Lien Other Commercial Complaint Case (non-tart/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance [21) ?grammar; (03) drugs check this item' otlienvr?lied stander. libel) report as Commercial or Residential) 1 spec, - Judicial Review . . Ftaud (16) Civil Harassment Intellectual Property (19) Professional Negligence {25) i I :Legal Malpractice 'Other Professional Malpractice {nct medical or legal) Asset Forfeiture (05) Petition Re: Arbitration Award [11) Writ of Mandate (02} Writ-Administrative Mandamus Writ?Mandamus on Limited Court Workplace Violence ElderlDependent Adult Abuse Eleclion Contest Petition for Name Change it} 1 mi 0359 Matter Petitl Em lethally-mom Tories) Writ-Other Limited Court Case Rummaan (36) Review Other cm Petition 9E I 1 1 OtherJudicial Review (39) ?me? 5} Review of Health Officer Order Notice oprpeal-Labor . . ?3 . . .. Gill-01D .J 1.2 CIVIL CASE COVER SHEET Doclt 1 Pagefi 50 - Doc ID 1632671476 Doc Type OTHER (Page 51 of 55) SHORT TITLE: Heller vs. NBCUniversal, IncCAUSES OF ACTION . DEPAMATION (LIBEL SLANDER) . TRADE LIB EL . FALSE LIGHT . MISAPPROPRIATION OF LIKENESS . INTENTIONAL INTERFERENCE WITH A PROSPECTIVE ECONOMIC ADVANTAGE . NEGLIGENT INTERFERENCE WITH A PROSPECTIVE ECONOMIC ADVANTAGE . BREACH OF CONTRACT (SETTLEMENT AGREEMENT) . BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING (SETTLEMENT AGREEMENT) . BREACH OP ORAL CONTRACT 10. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING (ORAL CONTRACT) 11. CONVERSION 12. COPYRIGHT INFRINGEMENT ZifRequired for veri?ed pleading) The items on this page stated on information and belief are (spacing item numbers, not line ?-numbers): 27 ?1 5T his page may be used with any Judicial Council form or any other paper ?led with the oomt Page ADDITIONAL PAGE .Jb'dibia! Council oICauImEa MIC-020 [New January 1. 1937] Attach to Judicial Council Form or Other Court Paper Ckczouot I Doc# 1 E?ageeiil 51 Doc ID. 1632671476 Doc Type OTHER (Page 52 of 55) . . ORIGINAL SHORT TITLE: HELLER VS NBCUNIVERSAL. ETAL 5 9 9 9 9 CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) This form is required pursuant to Local Rule 2.0 in all new civil case ?lings in the Los Angeles Superior Court. Item I. Check the types of hearing and ?ll in the estimated length of hearing expected for this case: JURY YES CLASS I: YES LIMITED TIME ESTIMATED FOR TRIAL 15 HOURSIEI DAYS Item II. Indicate the correct district and courthouse location (4 steps If you checked ?Limited Case?. skip to Item ill. Pg. 4): Step 1: After ?rst completing the Civil Case Cover Sheet form. find the main Civil Case Cover Sheet heading for your case in the left margin below. and. to the right in Column A. the Civil Case Cover Sheet case type you selected. Step 2: Check 9113, Superior Court type of action in Column below which best describes the nature of this case. Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have checked. For any exception to the court location. see Local Rule . Applicable Reasons for Choosing Courthouse Location (see Column below) I 1. Class actions must be ?led in the Stanley Mosk Courthouse. central district. 6. Location-of- prop'ert 2. Maybe ?led In central {other county. or no bodily injuryt'property damage). 7. Location whe'repet lioner'resides; . 3. Looalton where cause of action arose. 8. Location wherein defendantlrespondent wholly- 2. Location where bodily injury. death or da mafge occu ned. 9. Location where one the-Rattles reside. . toe Location where performance required or de endant resides. 10. Location of Labor Commissioner 0 Step 4: Fill in the information requested on page 4 in Item ill; complete item lV. Sign the declaration. A 0 Civil Case Coyrer Sheet Type of Action Applicable Reasons - Category No. (Check only one} See Step 3 Above a 1: Auto (22) El M100 Molor Vehicle - Personal Injurerroperty Damage-Wrongful Death 4 ?5 . Uninsured Motorist (46) El A7110 Personal lnjuryiProperty DamageIWrongful Death - Uninsured Motorist 1., 4 El A6070 Asbestos Property Damage 2.- Asbeslos (04) E. t: A7221 Asbestos - Personal Death a: . fof Product Liability (24) El A7260 Product Liability {not asbestos or toxidenvironmental) i ifs; 4.. it l:l A7210 Medical Mai talcum-Pit icians&Sur eons 1.. E: a Medical Malpractice (4 5) VS 9 :5 El A7240 Other Professional Health Care Malpractice 1.14. - 3.: El A7250 Premises Llabilily(e.g.. slip and fall) '51 Other . 1" 4' Bug persunaunjuw El A7230 intentional Bodily Damageerongful Death 1? 4. 5- '3 property Damage assault. vandalism. etc.) - Q. CI Intentional Inflictlon oi Emotional Distress 1" A7220 Other Personal InjuryIProperty Damaget'Wrongful Death 1" 4' i3: may 109 (Rev. 03:11} CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 Approved 03-04 AND STATEMENT OF LOCATION Page 1 of4 We As Doc# 1 PagedlI 52 - Doc ID 1632671476 - Doc Type OTHER (Page 53 of 55) SHORT TITLE: CASE NUMBER HELLER VS NBCUNIVERSAL. INC., ETAL A Civil Case Caver Sheet Type of Action Applicable Reasons - Category No. (Check only one) See Step 3 Above Business Tort (07) El A6029 Other CommercialtBusiness Tort (not fraudtbreach of contract) 1.. i? Civil Rights {06) CI A6005 Civil RightsiDiscnmination 1..2..0. . a ?2,2 Defamation (13} 12] A6010 Defamation {slander?lhel} 1.. .362 E. '33 . Fraud (16) El A6013 Fraud (no contract) 3 To El A6017 Le alMal ractlce 1.. 2:.3 Professlonal Negllgence (25) A6050 Other Professional Malpractice {notmedicalorlegai} I 2 Other [35) El A6025 Other Non-Personal Damage tort 2.3. Wrongful Terrnina?on (36) El A6037 WrongfulTermination 1..2..3. D-t - El A6024 Other Employment Complaint Case 1.. Other Employment (15) El A6109 Labor Commissioner Appeals - 10. A6004 Breach of Rentalmease Contract {not unlawful detatner or wrongful . eviction) 2" 5" Breach of Contrectharran -- (as) El A6006 ContractJWarranty fraudrnegiigenoe) ("onnsu'ance} El A6019 Negligent Breach ot? ContracttWarranty (no fraud) 1" 2" 5' CI A6028 Other Breach of ContracWVarranty (not fraud or negligence) 1" El A6002 Collections Case-Setter Plaintiff 2.. 5., ?3 Collections (09) 8 A6012 Other Promlssory NoteICollectlons Case Insurance Coverage (16) A6015 Insurance Coverage (not complex) 6.3 I El A6009 Contractual Fraud 1.. 2.. 3.. 5. Other Contract (37) El A6031 Tortious Interference 1.. 2.. 3.. 5. El A6027 Other Contract Disputetnot 1.. 2.. 3.. B. Eminent Domain?nverse . . . I Condemnation (14) [It A7300 Eminent DomathondemnatIon Numberofparcels 2. E. . a Wrongful Eviction {33) El A6023 Wrongful Eviction Case 2., 6. I . El A6016 Mortgage Foreclosure 2.36; OJ ?1 Other Real Property {26) El A6032 Quiet Title 2.. 6. A5060 Other Real Property (not eminent domainJandlorditenant. foreclosureunlamu' Det?g??r commema' El A6021 Unlawful Detainer-Cornmercial (not drugs orwrongful eviction) 2., 6. ?31 El A6020 Unlawtul Detainer-Resloenlial (notdrugs or wrongful eviction) r: (32) 2. I - . P03112214, :1 A6020FUntawtul Detainer-Post-Foredosure 2..s. - 2. Unlawtut Detainer-Drugs {36) A6022 Unlawful Detainer-Drugs 2.. 6. Lnd?r?roo (Rev. 03m} CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 Approved 03-04 AND STATEMENT OF LOCATION Page 2 of 4 1 Pagett 53 Doc ID 1632671476 - Doc Type OTHER (Page snonr TITLE: CASE moses HELLER VS NBCUNIVERSAL, ETAL I A Civil Case Cover Sheet Type of Action Applicable Reasons - Category . (Check only one) See Step 3 Above 1 Asset Forfeiture (05) El A6106 Asset Forfeiture Case 2..6.. I 0% Petition re Arbitration (11) El A6115 Petition to 2.15. i El A6151 Writ-Administrative Mandamus ID Writ of Mandate (02) CI A6152 Writ - Mandamus on Limited Coon Case Matter 2. a: El A6153 Writ - Other Limited Court Case Review 2 Other Judicial Review (39) A6150 Other Writ [Judicial Review 2.1.8. I AntitrustiTrade Regulation (03) El A6003 Antitrusthrade Regulation 1.21.0; 's - Cunslruction Oefect(10) A6007 Construction Defect 1Clams Invugg? El A6006 Claims Involving Mass Tort .. I 2? Securities Litigation [28) El A6035 Securities Litigation Case 1..2Environmental {30) El A6036 ToxrcTortiEnvrronmental 3' Insurance Coverage Claims . . I. i n. from Complex Case (41) El A6014 Insurance CoverageJSubrogatron {complex case only) 1.E 1 C1 A6141 Sister State Judgment 2.. 9.- I: some Abstract oiJudgment 2..6. . 3, Enforcement El Confession of Judgment (non-domestic relations) 2.. 9. i 5 OfJUdeen'tzm Ci A6140 Administrative Agency Award [not unpaid taxes) 2..8. I 4 A6114 PelitionfCertilicate for Entry of Judgment on unpaid Tax 2..8. i 1:1 A6112 Other Enforcement ofJudgrnent Case 2.. 3.. 9. 1 a RICO (27) i2! A6033 Racketeean (RICO) Case . g; 13 A6030 Declaratory Relief Only i PE 8 whereomplaims El A6040 injunctive ReliefOnly 8. (N??Sped?ed woven?) El A6011 0 El A6000 Other Civil Compiainl (non-torUnon-oomptex) 1.. Partnership Corporation . . Governance [21) El A6113 Partnership and Corporate Governance Case I 2.. B. . El A6121 Civil Harassment 2.. 3.. 9. sh? 8?75 A6123 Workplace Harassment 2..3..Olher Petitions 612 Elder ependentAdutAbuse Case 2.3 9 {NotSpeci?edAbove} E1 A6190 Election Contest 2. 43 El A6110 Petition forChange oiName *1 . L11 :1 A6170 Petition for Relief from Late Claim Law 2.. 1.4.. a. I A6100 other Civil Petition 2., Q. I LAle1091Rev.03111) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 LASQ 'Approved oa~o4 AND STATEMENT OF LOCATION Page 3 014 Docit 1 Pageit 54 Doc ID 16326?1476 Doc Type: OTHER (Page 55 of 55) - sneer TITLE: wise NUMBER HELLER VS ETAL Item ill. Statement of Location: Enter the address of the accident. party's residence or place of business, performance. or other 3 circumstance indicated in Item II.. Step 3 on Page 1. as the proper reason for filing in'the court location you selected. mosses 1 REASON: Check the appropriate boxes tor the numbers shown 512 N. Sepuwada Boulevard. Suite 11 under Column tor the type of action that you have selected for this case. D1. 2. 3. D4. 5. EIB. D7. 8. 9. D10. cm: STATE: zrecooe: Los Angeles 90049 Item W. Declaration ofAssignment I declare under penalty;' oi perjuryunder the laws of the State at California that the foregoing is true and correct and that the above-entitled matter is properly ?led for assignment to the Stanleir' :courthouse in the Centre" District of the Superior Court of California. County of Los Angeles [Code Civ. Prod. 392 et seq., and Local I Rule 2d). subds. and Dated: 10i3'0!2015 mm!) 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 If filing a Complaint. 3 completed Summons form for issuance by the Clerk. 2 3. Civil Case Cover Sheet. Judicial Council form Chi-010. 4 Civil Case Cover Sheet Addendum and Statement of Location form. LACIV 109, LASC Approved 03-04 (Rev. 03111 . 5" Payment in full of the filing fee. unless fees have been waived. . 6. A signed order appointing the Guardian ad Litem, Judicial Council form 0, if the plaintiff or petitioner is a minor under 18 years of age'will be required by Court in order to issue a summons. . 7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum 3 must be served along with the summons and complaint. or other initiating pleading in the case. I - 13;! i ,3 . ?33! (St. I LACIir109(Rev.03r11) CIVIL CASE COVER SHEET ADDENDUM I Local Rule 2.0 LAse?pproved 03-04 AND STATEMENT OF LOCATION Page4 at 4 Dooit 1 Pageit 55 Doc ID 1632671476 Doc Type OTHER