Electronically FILED by BRAUN 81 BRAUN LLP 10250 CONSTELATION BOULEVARDSUITE 1020 Los ANGELES. CALIFORNIA 90067 Ll perier Court efCelifernie, County of Lee Angelee en 04119120191122 AM Sherri R. Carter, Executive Of?ceriClerk efCeurt, by Ricardo Perez, Deputy Cl Harland W. Braun, Esq. 41842] Joshua M. Moonesinghe, Esq. 316620] BRAUN BRAUN LLP 10250 Constellation Boulevard, Suite 1020 Los Angeles, California 90067 Telephone: (310) 277-4777 Facsimile: (310) 507-0232 Email: harland@braunlaw.com Attorneys for Petitioner ROMAN POLANSKI SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT ROMAN POLANSKI, an individual, Case NoPetitioner, VERIFIED PETITION FOR WRIT v. OF ADMINISTRATIVE MANDAMUS ACADEMY OF MOTION PICTURE ARTS AND SCIENCES, a California corporation, Respondent. Petitioner ROMAN POLANSKI, an individual, petitions for writ of administrative mandamus under Code Civ. Proc. 1094.5, or in the alternative under Code Civ. Proc. 1085, directed to Respondent Academy of Motion Picture Arts and Sciences (the ?Academy?) to redress the Academy?s improper administrative action to summarily expel Petitioner in violation of the Academy?s policies and regulations and in violation of California Corporations Code ?7341 and VERIFIED PETITION FOR WRIT OF ADMINISTRATIVE MANDAMUS BRAUN 8L BRAUN LLP 10250 CONSTELLATION BOULEVARD, SUITE 1020 Los ANGELES. CALIFORNIA 90067 Petitioner alleges further: THE PARTIES 1. Petitioner ROMAN POLANSKI, 85, was admitted as a member of the Academy on December 31, 1968, with a letter signed by Gregory Peck, as President of the Academy, and is entitled to the rights and privileges of all members of the Academy. Attached hereto as Exhibit is a true and correct copy of the Academy?s letter of admission to Petitioner. 2. Petitioner ROMAN motion picture films have been nominated by the Academy twenty-eight (28) times for Academy Awards in various categories and have won eight (8) Oscars. Petitioner POLANSKI himself has been nominated by the Academy for six (6) Academy Awards, including nominations for best director for Chinatown in 1975 and Tess in 1981, and the Academy nominated and awarded Petitioner POLANSKI the Oscar for best director for The Pianist in 2003. 3. Respondent ACADEMY OF MOTION PICTURE ARTS AND SCIENCES, a California corporation formed May 4, 1927, operates as a nonpro?t professional honorary organization with the stated goal of advancing the arts and sciences of motion pictures. The Academy's corporate management and general policies are overseen by a Board of Governors, which includes three members from each of the Academy?s 17 craft branches. JURISDICTION AND VENUE 4. The Supreme Court, Courts of Appeal, Superior Courts, and their judges have original jurisdiction in proceedings for extraordinary relief in the nature of administrative mandamus directed to any inferior tribunal, corporation, board, or person. (Cal. Const, art. VI, 10; see Code Civ. Proc. 1084; Code Civ. Proc. 1094.5.) 5. Ordinary mandamus is a traditional remedy by which the court may, inter alia, compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that inferior tribunal, corporation, board, or person. (Code Civ. Proc. 1085.) 2. VERIFIED PETITION FOR WRIT OF ADMINISTRATIVE MANDAMUS BRAUN BRAUN LLP 10250 CONSTELLATION BOULEVARD, SUITE 1020 LOS ANGELES. CALIFORNIA 90067 6. The Superior Court for the County of Los Angeles, the county where the Respondent is located, is the proper court for the hearing of this action. (Code Civ. Proc. 395.) FACTUAL AND PROCEDURAL BACKGROUND 7. On December 31, 1968, the Academy admitted Petitioner as a member with full rights and privileges available to all members of the Academy. Attached hereto as Exhibit is a true and correct copy of the Academy?s letter of admission to Petitioner. 8. At all times, Petitioner remained a member in good standing. 9. On May 3, 2018, the Academy noti?ed Petitioner POLANSKI by an unsigned letter that he was summarily expelled from membership. A true and correct copy of the Academy?s letter is attached as Exhibit The Academy thereafter offered Petitioner POLANSKI an opportunity for reconsideration of the Academy?s decision, Petitioner sought reconsideration of the Academy?s decision, and the Academy met on the morning of January 26, 2019 outside the presence of Petitioner and his counsel to consider Petitioner?s request for reconsideration and summarily denied Petitioner?s request for reconsideration. Later that morning on January 26, 2019, the Academy through its counsel notified Petitioner?s counsel by telephone that the Academy had met to consider Petitioner?s request for reconsideration and had denied his request for reconsideration. 10. On information and belief, the rules, policies, and regulations of the Academy required the Academy to provide reasonable notice of any adverse action to be taken against a member, and a reasonable opportunity for the member to be heard. The Academy failed to comply with its own rules, policies, and regulations in expelling Petitioner without notice, Without an opportunity to be heard and deliberately violated California Corporations Code ?7341(b) 11. The Academy?s actions, sanctions, and decision against Petitioner are invalid under Code Civ. Proc. 1094.5 and alternatively, Code Civ. Proc. 1085, on the grounds that the Academy failed to grant Petitioner any notice and a fair hearing. The Academy committed a prejudicial abuse of discretion in that the Academy failed to proceed in the manner required 3. VERIFIED PETITION FOR WRIT OF ADMINISTRATIVE MANDAMUS BRAUN 81 BRAUN LLP 10250 CONSTELLATION BOULEVARD, SUITE 1020 Los ANGELES. CALIFORNIA 90067 by law, the Academy?s expulsion decision is not supported by the ?ndings, and the Academy?s ?ndings are not supported by the evidence. 12. The Academy?s decision against Petitioner is ?nal and Petitioner has exhausted all administrative remedies available to him. 13. Petitioner has no plain, speedy and adequate remedy in the ordinary course of law. 14. Petitioner has requested for Respondent Academy to produce the complete administrative record of the Academy?s administrative action to expel Petitioner, and Petitioner reserves the right to augment, supplement, and modify his Petition when the record is produced. PRAYER FOR RELIEF WHEREFORE, Petitioner prays the court for judgment as follows: 1. For an order commanding Respondent to set aside the order or decision against Petitioner, and to reinstate Petitioner as an Academy member in good standing; 2. For reasonable attorney?s fees and litigation expenses as permitted by statute, in addition to any other relief granted or costs awarded; 3. For all costs of suit incurred in this proceeding; and 4. For such other and further relief as the court deems proper. Respectfully submitted, BRAUN BRAUN LLP Dated: April 18, 2019 By: Harland W. Braun, Esq. Joshua M. Moonesinghe, Esq. Attorneys for Petitioner ROMAN POLANSKI 4. VERIFIED PETITION FOR WRIT OF ADMINISTRATIVE MANDAMUS VERIFICATION 1, Roman Polanski. am the Petitioner in the above-entitled action. 1 have read the foregoing Veri?ed Petition for Writ of Administrative Mandate and know the content thereof to be true to my own knowledge, except to those statements made upon information and belief, and as to them, I believe them to be true I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct Executed on 4: mama/4;, i ir? oman Polanski EXHIBIT ACADEMY PICTURE ARTS AND SEIENEES HOLLYWUUD.CAUFDRNIA EL a (L GREGORY PEEK FREEIDENT JLJ .) (iv/d .4 December 31, 1968 %if ?lbvx j?/E?d?y Mr. Roman Polanski 1600 Summit Ridge Drive Beverly Hills, California 902l0 Dear Mr. Polanski: It gives me great pleasure to advise you that the Board of Governors of the Academy has authorized me to extend you an invitation to become a member of the Directors Branch. The Academy is an honorary association of artists and craftsmen employed in the film industry, and our purpose is to foster COOperation among the creative leaders of our profession. Membership in our organization is offered to those who have made significant contributions to the arts and sciences of motion pictures. The nominal dues of $36.00 per year are tax deductible. If you wish additional information, please telephone the Academy membership office, CRestview 5?1146, Ext. 17, or Mrs. Margaret Herrick, Academy Executive Director. An acceptance card is enclosed for your convenience. cor/wwgec'? egory Peck Encl. EXHIBIT .r W??h 2535. r" May 3, 2018 Dear Mr. Polanski, The Academy Board of Governors voted on Tuesday, May 1, to end your membership in the organization ellective immediately, in accordance with the organization?s Standards of Conduct. The Board continues to encourage ethical standards that require members to uphold the Academy's values ol respect for human dignity, and is categorically opposed to any form of abuse or harassment. The Board believes that these standards are essential to the Academy's mission. The Board of Governors Academy of Motion Picture Arts and Sciences