Electronically FILED by Superior Court of California, County of Los Angeles on 05/15/2019 10:32 AM Sherri R. Carter, Executive Officer/Clerk of Court, by N. Alvarez,Deputy Clerk 19STCV16838 Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Barbara Meiers 1 2 3 4 5 6 Alex M. Weingarten (SBN 204410) AMWeingarten@venable.com Jeffrey K. Logan (SBN 136962) JKLogan@venable.com VENABLE LLP 2049 Century Park East, Suite 2300 Los Angeles, CA 90067 Telephone: (310) 229-9900 Facsimile: (310) 229-9901 Attorneys for Plaintiff PETTY UNLIMITED LLC 7 8 9 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES - CENTRAL DISTRICT 11 12 PETTY UNLIMITED LLC, a California limited liability company, Case No.: COMPLAINT FOR: 310-229-9900 LOS ANG ELES, CA 90067 VENABLE LLP 2049 CENTURY PARK EAST, SUITE 2 300 10 13 14 15 16 17 18 19 20 21 Plaintiff, 1. USURPATION OF COMPANY OPPORTUNITIES; 2. BREACH OF FIDUCIARY DUTY; DANA YORK PETTY, an individual; TOM 3. AIDING AND ABETTING BREACH PETTY LEGACY, LLC, a California limited OF FIDUCIARY DUTY; liability company; LAWRENCE N. JENKINS, an 4. CONVERSION AND CONSPIRACY; individual; LJ ENTERTAINMENT LLC, a 5. RECOVERY; Delaware limited liability company; ANTHONY 6. INTENTIONAL INTERFERENCE DIMITRIADES, an individual; ALAN ARORA, AND CONSPIRACY TO an individual; and DOES 1 through 50, inclusive, INTENTIONALLY INTERFERE WITH PROSPECTIVE ECONOMIC Defendants. ADVANTAGE; 7. UNFAIR COMPETITION; 8. VIOLATION OF BUSINESS AND PROFESSIONS CODE §§ 17200, ET SEQ.; and 9. UNJUST ENRICHMENT v. 22 DEMAND FOR JURY TRIAL 23 24 25 26 27 28 COMPLAINT 1 Plaintiff Petty Unlimited LLC, for its Complaint against Defendants Dana York Petty, 2 Tom Petty Legacy, LLC, Lawrence N. Jenkins, LJ Entertainment LLC, Anthony Dimitriades, 3 Alan Arora and Does 1 through 50, inclusive, alleges as follows: 4 NATURE OF THIS ACTION 310-229-9900 LOS ANG ELES, CA 90067 VENABLE LLP 2049 CENTURY PARK EAST, SUITE 2 300 5 1. Plaintiff Petty Unlimited LLC (“Plaintiff” or “Petty Unlimited”) brings this action 6 to remedy the self-dealing, theft, and gross mismanagement of company assets by Defendant 7 Dana York Petty (“Dana” or “Dana York Petty”), the surviving spouse of Thomas Earl Petty 8 (“Tom”), deceased, professionally known as “Tom Petty.” Tom entrusted Dana and his 9 daughters, Adria Robin Petty and Annakim Violette, to manage Plaintiff after his death with 10 clear instructions that they participate equally in the management of Plaintiff. Regrettably, Dana 11 has refused her late husband’s instructions and insisted instead upon competing against Plaintiff 12 and misappropriating its business opportunities and assets, all the while continuing to ostensibly 13 serve as a manager of Plaintiff. Among other things, Dana has established Tom Petty Legacy, 14 LLC, as a vehicle through which to deprive Plaintiff of its business and compete against 15 Plaintiff, and retained Defendants Lawrence N. Jenkins, LJ Entertainment LLC, Anthony 16 Dimitriades and Alan Arora, among other persons, to work in conjunction with her to usurp 17 Plaintiff’s business opportunities and misappropriate its assets. Plaintiff therefore brings this 18 action for damages and other relief against Dana and her co-Defendants based on claims 19 including usurpation of company opportunities, breach of fiduciary duty, conversion, intentional 20 interference with prospective economic advantage, unfair competition and unjust enrichment. 21 22 THE PARTIES 2. Plaintiff Petty Unlimited LLC is a limited liability company, which is organized 23 under the laws of the State of California and has its principal place of business in Los Angeles 24 County, California. 25 26 27 28 3. Defendant Dana York Petty is an individual, who resides and conducts business in Los Angeles County, California. 4. Defendant Tom Petty Legacy, LLC (“TPL”) is a limited liability company, which is organized under the laws of the State of California and has its principal place of business in 1 COMPLAINT 1 2 3 4 6. Defendant LJ Entertainment LLC (“LJ Entertainment”) is a limited liability of business in Los Angeles County, California. 10 11 310-229-9900 conducts business in Los Angeles County, California. 6 9 LOS ANG ELES, CA 90067 Defendant Lawrence N. Jenkins (“Jenkins”) is an individual, who resides and company, which is organized under the laws of the State of Delaware and has its principal place 8 VENABLE LLP 5. 5 7 2049 CENTURY PARK EAST, SUITE 2 300 Los Angeles County, California. 7. Defendant Anthony Dimitriades (“Dimitriades”) is an individual, who resides and conducts business in Los Angeles County, California. 8. Defendant Alan Arora (“Arora”) is an individual, who resides and conducts business in Los Angeles County, California. 9. Plaintiff is not aware of the true names and capacities of Defendants sued herein 12 as Does 1 through 50, inclusive, and therefore sues said Defendants by such fictitious names. 13 Plaintiff will amend this Complaint to show the true names and capacities of said fictitiously 14 named Defendants when the same has been ascertained. Plaintiff is informed and believes, and 15 based thereon alleges, that each of the fictitiously named Defendants is legally responsible for 16 the occurrences alleged herein and proximately caused the harm and damages alleged. 17 FIRST CAUSE OF ACTION 18 (Usurpation of Company Opportunities – 19 Against Defendant Dana York Petty, Individually) 20 21 22 10. Plaintiff re-alleges and incorporates by reference Paragraphs 1 through 9, inclusive, as though fully set forth herein. 11. Plaintiff was established March 28, 2018, for purposes of owning and exploiting 23 all tangible and intangible properties held directly or indirectly by Tom Petty at the time of his 24 death and attributable to any of his efforts with respect to his music, including, without 25 limitation, all of his rights as a recording artist, composer, publisher, and/or record producer. 26 Plaintiff owns or otherwise is entitled to possession or dominion of all such properties, as well as 27 the fruits and proceeds derived therefrom, including after the artist’s death. These properties 28 include various master recordings embodying the performances of Tom Petty, musical 2 COMPLAINT 1 compositions written by him, musical instruments, memorabilia, merchandise, equipment, 2 copyrights, trademarks, contract rights and other related assets, as well as the stock, certificates, 3 registrations, ownership papers, licenses, consents, books, records, files and other materials used 4 or held for use in connection with such properties. 5 310-229-9900 LOS ANG ELES, CA 90067 VENABLE LLP Defendant Dana York Petty has at all times since the formation of Plaintiff served 6 as a manager thereof and known of the purposes for which it exists, including the exploitation of 7 master recordings, musical compositions and other assets attributable to Tom Petty’s music and 8 the collection, management or administration of Plaintiff’s share of the proceeds realized from 9 the exploitation of such music. 10 2049 CENTURY PARK EAST, SUITE 2 300 12. 13. Notwithstanding her duties as a manager of Plaintiff and knowledge of the 11 purposes for which it exists, Defendant Dana York Petty has been and is usurping Plaintiff’s 12 business opportunities to exploit its assets, and doing so for her own personal gain or advantage 13 and with intent and for the purpose of depriving Plaintiff of those opportunities and the benefits 14 thereof. The opportunities that Plaintiff has lost to date as a result of Defendant Dana York 15 Petty’s conduct include, without limitation, the exploitation of master recordings of Tom Petty 16 through arrangements with MCA Records, Geffen Records, Universal Music Enterprises (UMe), 17 UMG Recordings, Inc., Universal Music Group, Warner Bros. Records, Warner Music Group, 18 Craft Recordings, SiriusXM, SoundExchange and their respective related or affiliated companies 19 and licensees, the exploitation of musical compositions written or co-written by Tom Petty 20 through arrangements with Wixen Music Publishing, ASCAP, Harry Fox Agency, Inc., Concord 21 Music, Canadian Musical Reproduction Rights Agency and other music publishers or performing 22 rights organizations and the exploitation of Tom Petty merchandise through arrangements with 23 Live Nation Merchandise, Inc. or other music-related merchandise companies. 24 14. As a direct and proximate cause of Defendant Dana York Petty’s usurpation of 25 Plaintiff’s business opportunities as alleged herein, Plaintiff has suffered and continues to suffer 26 damages in an amount in excess of $5 million, according to proof at trial. 27 28 15. In doing the acts alleged herein, Defendant Dana York Petty has acted with oppression, fraud and malice, and in conscious disregard of Plaintiff’s rights in the conduct of its 3 COMPLAINT 1 business and exploitation of its assets, all so as to deprive Plaintiff of the business and profits to 2 which it is entitled and to entitle Plaintiff to an award of exemplary and punitive damages in an 3 amount to be determined at trial. 4 a constructive trust in its favor over all of its assets and the proceeds derived therefrom, which 6 are in the possession, custody or control of Defendant Dana York Petty, and to disgorgement 7 from Defendant of all ill-gotten gains wrongfully obtained to the detriment of Plaintiff. 310-229-9900 LOS ANG ELES, CA 90067 9 VENABLE LLP As a result of the aforementioned conduct, Plaintiff is entitled to the imposition of 5 8 2049 CENTURY PARK EAST, SUITE 2 300 16. 17. As a result of the aforementioned conduct, Plaintiff is entitled to the injunctive relief enjoining Defendant Dana York Petty and all persons acting in concert with her from 10 further interfering with Plaintiff’s business opportunities and the conversion of its assets. 11 Plaintiff does not have an adequate remedy at law, but rather the master recordings, musical 12 composition and related business opportunities and assets with which Defendant is interfering 13 are of a special, unique, intellectual and extraordinary character having special value and the 14 injury to which cannot be adequately compensated in monetary damages. 15 SECOND CAUSE OF ACTION 16 (Breach of Fiduciary Duty – 17 Against Defendant Dana York Petty, Individually) 18 19 20 18. Plaintiff re-alleges and incorporates by reference Paragraphs 1 through 17, inclusive, as though fully set forth herein. 19. At all relevant times there has existed, and continues to exist, a confidential and 21 fiduciary relationship between Plaintiff and Defendant Dana York Petty as a manager of 22 Plaintiff, and Defendant Dana York Petty has owed, and continues to owe, certain fiduciary 23 obligations to Plaintiff, including, but not limited to, the fiduciary duties of loyalty and utmost 24 good faith, candor and full disclosure and honest and fair dealing. 25 20. In violation of her fiduciary obligations to Plaintiff, Defendant Dana York Petty 26 knowingly, willfully and intentionally breached, and continues to breach, her fiduciary duties to 27 Plaintiff, including, but not limited to, by the following: (a) depriving Plaintiff of its assets or 28 assisting in diverting those assets to another; (b) competing against Plaintiff or assisting in 4 COMPLAINT 1 diverting Plaintiff’s business to another; (c) misusing the proceeds derived from Plaintiff’s assets 2 for purposes other than for Plaintiff or assisting in diverting those proceeds to another; and (d) 3 otherwise acting against Plaintiff’s interest, placing her own interests or the interests of another 4 over those of Plaintiff, misappropriating Plaintiff’s business, embezzling its funds and converting 5 its assets. 6 310-229-9900 LOS ANG ELES, CA 90067 VENABLE LLP As a direct and proximate cause of Defendant Dana York Petty’s breaches of 7 fiduciary duties as alleged herein, Plaintiff has suffered, and continues to suffer, damages in an 8 amount in excess of $5 million, according to proof at trial. 9 2049 CENTURY PARK EAST, SUITE 2 300 21. 22. In doing the acts alleged herein, Defendant Dana York Petty has acted with 10 oppression, fraud and malice, and in conscious disregard of Plaintiff’s rights in the conduct of its 11 business and exploitation of its assets, all so as to deprive Plaintiff of the business and profits to 12 which it is entitled and to entitle Plaintiff to an award of exemplary and punitive damages in an 13 amount to be determined at trial. 14 23. As a result of the aforementioned conduct, Plaintiff is entitled to the imposition of 15 a constructive trust in its favor over all of its assets and the proceeds derived therefrom, which 16 are in the possession, custody or control of Defendant Dana York Petty, and to disgorgement 17 from Defendant of all ill-gotten gains wrongfully obtained to the detriment of Plaintiff. 18 24. As a result of the aforementioned conduct, Plaintiff is entitled to the injunctive 19 relief enjoining Defendant Dana York Petty, and all persons acting in concert with her, from 20 further interfering with Plaintiff’s business opportunities and the conversion of its assets. 21 Plaintiff does not have an adequate remedy at law. 22 THIRD CAUSE OF ACTION 23 (Aiding and Abetting Breach of Fiduciary Duty – Against Defendants 24 Tom Petty Legacy, LLC, Lawrence N. Jenkins, LJ Entertainment LLC, 25 Anthony Dimitriades, Alan Arora and Does 1-50) 26 27 25. Plaintiff re-alleges and incorporates by reference Paragraphs 1 through 24, inclusive, as though fully set forth herein. 28 5 COMPLAINT 1 310-229-9900 LOS ANG ELES, CA 90067 VENABLE LLP Defendants TPL, Jenkins, LJ Entertainment, Dimitriades, Arora and Does 1 2 through 50 have at all relevant times known that Defendant Dana York Petty, as a manager of 3 Plaintiff, owes certain fiduciary duties to Plaintiff, including, but not limited to, the fiduciary 4 duties of loyalty and utmost good faith, candor and full disclosure and honest and fair dealing. 5 2049 CENTURY PARK EAST, SUITE 2 300 26. 27. Defendants TPL, Jenkins, LJ Entertainment, Dimitriades, Arora and Does 1 6 through 50 agreed to, and did, aid and abet Defendant Dana York Petty, as a manager of 7 Plaintiff, in breaching her fiduciary duties to Plaintiff, by intentionally and actively encouraging 8 and substantially assisting, inducing or causing Defendant Dana York Petty to, among other 9 things, do the following: (a) deprive Plaintiff of its assets or assist in diverting those assets to 10 another; (b) compete against Plaintiff or assist in diverting Plaintiff’s business to another; (c) 11 misuse the proceeds derived from Plaintiff’s assets for purposes other than for Plaintiff or assist 12 in diverting those proceeds to another; and (d) otherwise act against Plaintiff’s interest, place her 13 own interests or the interests of another over those of Plaintiff, misappropriate Plaintiff’s 14 business, embezzle its funds and convert its assets. 15 28. As a direct and proximate cause of Defendants’ aiding and abetting of Defendant 16 Dana York Petty’s breaches of fiduciary duties as alleged herein, Plaintiff has suffered, and 17 continues to suffer, damages in an amount in excess of $5 million, according to proof at trial. 18 These damages include, without limitation, attorneys’ fees incurred by Plaintiff as a result of 19 Defendants’ tortious conduct in order for Plaintiff to enforce its rights against Defendant Dana 20 York Petty, as a manager of Plaintiff. 21 29. In doing the acts alleged herein, Defendants TPL, Jenkins, LJ Entertainment, 22 Dimitriades, Arora and Does 1 through 50 have acted with oppression, fraud and malice, and in 23 conscious disregard of Plaintiff’s rights in the conduct of its business and exploitation of its 24 assets, all so as to deprive Plaintiff of the business and profits to which it is entitled and to entitle 25 Plaintiff to an award of exemplary and punitive damages in an amount to be determined at trial. 26 30. As a result of the aforementioned conduct, Plaintiff is entitled to the imposition of 27 a constructive trust in its favor over all of its assets and the proceeds derived therefrom, which 28 are in the possession, custody or control of Defendants TPL, Jenkins, LJ Entertainment, 6 COMPLAINT 1 Dimitriades, Arora and Does 1 through 50, and to disgorgement from such Defendants of all ill- 2 gotten gains wrongfully obtained to the detriment of Plaintiff. 3 relief enjoining Defendants, and all persons acting in concert with them, from further interfering 5 with Plaintiff’s business opportunities and the conversion of its assets. Plaintiff does not have an 6 adequate remedy at law. 7 FOURTH CAUSE OF ACTION 8 (Conversion and Conspiracy – Against All Defendants) 10 310-229-9900 11 LOS ANG ELES, CA 90067 VENABLE LLP As a result of the aforementioned conduct, Plaintiff is entitled to the injunctive 4 9 2049 CENTURY PARK EAST, SUITE 2 300 31. 32. Plaintiff re-alleges and incorporates by reference Paragraphs 1 through 31, inclusive, as though fully set forth herein. 33. Plaintiff has at all relevant times owned or otherwise been entitled to possession 12 or dominion of all properties held directly or indirectly by Tom Petty at the time of his death and 13 attributable to any of his efforts with respect to his music, as well as the fruits and proceeds 14 derived therefrom after the artist’s death, including, but not limited to, the recordings, musical 15 instruments, memorabilia, merchandise, equipment, sheet music, copyright certificates, 16 trademark registrations, stock, ownership papers, royalty accounts and profit participations so 17 held by Tom Petty and attributable to music. 18 34. Defendants have at all relevant times known that Plaintiff owns or otherwise is 19 entitled to possession or dominion of all properties held directly or indirectly by Tom Petty at the 20 time of his death and attributable to any of his efforts with respect to his music, as well as the 21 fruits and proceeds derived therefrom after the artist’s death, including, but not limited to, the 22 recordings, musical instruments, memorabilia, merchandise, equipment, sheet music, copyright 23 certificates, trademark registrations, stock, ownership papers, royalty accounts and profit 24 participations so held by Tom Petty and attributable to music. 25 35. Despite knowing of Plaintiff’s ownership or right to possession or dominion of 26 properties attributable to Tom Petty’s music as alleged herein, Defendants knowingly, willfully 27 and intentionally have converted, and are continuing to convert, such properties, by depriving 28 Plaintiff of its right to possession or dominion of such properties and otherwise wrongfully 7 COMPLAINT 1 exerting dominion over such properties in denial of or in a manner inconsistent with Plaintiff’s 2 rights therein. 3 36. 4 conspire, with each other or with other persons for the purpose of converting Plaintiff’s 5 properties as alleged herein, by depriving Plaintiff of its right to possession or dominion of such 6 properties and otherwise wrongfully exerting dominion over such properties in denial of or a 7 manner inconsistent with Plaintiff’s rights therein. 8 310-229-9900 LOS ANG ELES, CA 90067 VENABLE LLP 9 2049 CENTURY PARK EAST, SUITE 2 300 Defendants have further agreed and conspired, and are continuing to agree and 37. As a direct and proximate cause of Defendants’ conversion and conspiracy to convert Plaintiff’s properties as alleged herein, Plaintiff has suffered and continues to suffer 10 damages in an amount in excess of $5 million, according to proof at trial. These damages 11 include, without limitation, attorneys’ fees incurred by Plaintiff as a result of the tortious conduct 12 of each Defendant in order for Plaintiff to enforce its rights against other Defendants. 13 38. In doing the acts alleged herein, Defendants have acted with oppression, fraud and 14 malice, and in conscious disregard of Plaintiff’s rights in the conduct of its business and 15 exploitation of its assets, all so as to deprive Plaintiff of the business and profits to which it is 16 entitled and to entitle Plaintiff to an award of exemplary and punitive damages in an amount to 17 be determined at trial. 18 39. As a result of the aforementioned conduct, Plaintiff is entitled to the imposition of 19 a constructive trust in its favor over all of its assets and the proceeds derived therefrom, which 20 are in the possession, custody or control of Defendants, and to disgorgement from Defendants of 21 all ill-gotten gains wrongfully obtained to the detriment of Plaintiff. 22 40. As a result of the aforementioned conduct, Plaintiff is entitled to the injunctive 23 relief enjoining Defendants, and all persons acting in concert with them, from further interfering 24 with Plaintiff’s business opportunities and the conversion of its assets. Plaintiff does not have an 25 adequate remedy at law. 26 /// 27 /// 28 /// 8 COMPLAINT 1 FIFTH CAUSE OF ACTION 2 (Recovery – Against All Defendants) 3 4 5 310-229-9900 inclusive, as though fully set forth herein. 42. Plaintiff is entitled to recovery from Defendants of all properties held directly or indirectly by Tom Petty at the time of his death and attributable to any of his efforts with respect 7 to his music, as well as the fruits and proceeds derived therefrom after the artist’s death, 8 including, but not limited to, the recordings, musical instruments, memorabilia, merchandise, 9 equipment, sheet music, copyright certificates, trademark registrations, stock, ownership papers, 11 LOS ANG ELES, CA 90067 VENABLE LLP Plaintiff re-alleges and incorporates by reference Paragraphs 1 through 40, 6 10 2049 CENTURY PARK EAST, SUITE 2 300 41. royalty accounts and profit participations so held by Tom Petty and attributable to music. 43. The value of such properties exceeds $5 million. 12 SIXTH CAUSE OF ACTION 13 (Intentional Interference and Conspiracy to Intentionally Interfere 14 with Prospective Economic Advantage – Against All Defendants) 15 16 17 44. Plaintiff re-alleges and incorporates by reference Paragraphs 1 through 43, inclusive, as though fully set forth herein. 45. At all relevant times there has existed, and continues to exist, a viable and robust 18 market relating to Plaintiff and the exploitation of its assets relating to Tom Petty’s music, 19 including one providing to Plaintiff the opportunity to engage in the business of exploiting such 20 assets, such that Plaintiff has enjoyed the existence of prospective business relationships having a 21 probability of future economic benefits. As alleged above, the opportunities for Plaintiff to 22 engage in the business of exploiting such assets include, without limitation, the exploitation of 23 master recordings of Tom Petty through arrangements with MCA Records, Geffen Records, 24 Universal Music Enterprises (UMe), UMG Recordings, Inc., Universal Music Group, Warner 25 Bros. Records, Warner Music Group, Craft Recordings, SiriusXM, SoundExchange and their 26 respective related or affiliated companies and licensees, the exploitation of musical compositions 27 written or co-written by Tom Petty through arrangements with Wixen Music Publishing, 28 ASCAP, Harry Fox Agency, Inc., Concord Music, Canadian Musical Reproduction Rights 9 COMPLAINT 1 Agency and other music publishers or performing rights organizations and the exploitation of 2 Tom Petty merchandise through arrangements with Live Nation Merchandise, Inc. and other 3 music-related merchandise companies. 4 310-229-9900 LOS ANG ELES, CA 90067 VENABLE LLP Defendants have at all relevant times known of Plaintiff’s prospective economic 5 advantage or business relationships as alleged herein, including the opportunities for Plaintiff to 6 exploit in the marketplace its assets relating to Tom Petty’s music. 7 2049 CENTURY PARK EAST, SUITE 2 300 46. 47. Notwithstanding their knowledge of Plaintiff’s prospective economic advantage 8 or business relationships as alleged herein, Defendants intentionally have interfered, and 9 continue to interfere, with Plaintiff’s prospective economic advantage or business relationships, 10 by intentionally converting Plaintiff’s assets and misappropriating its business opportunities so 11 as to prevent Plaintiff from exploiting such assets and engaging in such business for the benefit 12 of Plaintiff. 13 48. Defendants have further agreed and conspired, and are continuing to agree and 14 conspire, with each other or with other persons to interfere with Plaintiff’s prospective economic 15 advantage or business relationships, by intentionally converting Plaintiff’s assets and 16 misappropriating its business opportunities so as to prevent Plaintiff from exploiting such assets 17 and engaging in such business for the benefit of Plaintiff. 18 49. At all relevant times, Defendants knew that their conversion of Plaintiff’s assets 19 and misappropriation of its business opportunities would interfere with Plaintiff’s prospective 20 advantage or business relationships to exploit such assets and engage in such business for the 21 benefit of Plaintiff. 22 50. Defendants’ conversion of Plaintiff’s assets and misappropriation of its business 23 opportunities have prevented Plaintiff from exploiting such assets and engaging in such business 24 for the benefit of Plaintiff. 25 51. As a direct and proximate result of Defendants’ intentional interference and 26 conspiracy to intentionally interfere with Plaintiff’s prospective economic advantage as alleged 27 herein, Plaintiff has suffered and continues to suffer damages in an amount in excess of $5 28 million, according to proof at trial. These damages include, without limitation, attorneys’ fees 10 COMPLAINT 1 incurred by Plaintiff as a result of the tortious conduct of each Defendant in order for Plaintiff to 2 enforce its rights against other Defendants. 3 malice, and in conscious disregard of Plaintiff’s rights in the conduct of its business and 5 exploitation of its assets, all so as to deprive Plaintiff of the business and profits to which it is 6 entitled and to entitle Plaintiff to an award of exemplary and punitive damages in an amount to 7 be determined at trial. 53. As a result of the aforementioned conduct, Plaintiff is entitled to the imposition of a constructive trust in its favor over all of its assets and the proceeds derived therefrom, which 10 are in the possession, custody or control of Defendants, and to disgorgement from Defendants of 11 all ill-gotten gains wrongfully obtained to the detriment of Plaintiff. 12 310-229-9900 LOS ANG ELES, CA 90067 9 VENABLE LLP In doing the acts alleged herein, Defendants have acted with oppression, fraud and 4 8 2049 CENTURY PARK EAST, SUITE 2 300 52. 54. As a result of the aforementioned conduct, Plaintiff is entitled to the injunctive 13 relief enjoining Defendants, and all persons acting in concert with them, from further interfering 14 with Plaintiff’s business opportunities and the conversion of its assets. Plaintiff does not have an 15 adequate remedy at law. 16 SEVENTH CAUSE OF ACTION 17 (Common Law Unfair Competition – Against All Defendants 18 19 55. Plaintiff re-alleges and incorporates by reference Paragraphs 1 through 54, inclusive, as though fully set forth herein. 20 56. Defendants’ conduct as alleged herein violates California’s common law against 21 unfair competition. 22 57. As a direct and proximate result of Defendants’ unfair competition as alleged 23 herein, Plaintiff has suffered and continues to suffer damages in an amount in excess of $5 24 million, according to proof at trial. These damages include, without limitation, attorneys’ fees 25 incurred by Plaintiff as a result of the tortious conduct of each Defendant in order for Plaintiff to 26 enforce its rights against other Defendants. 27 28 58. In doing the acts alleged herein, Defendants have acted with oppression, fraud and malice, and in conscious disregard of Plaintiff’s rights in the conduct of its business and 11 COMPLAINT 1 exploitation of its assets, all so as to deprive Plaintiff of the business and profits to which it is 2 entitled and to entitle Plaintiff to an award of exemplary and punitive damages in an amount to 3 be determined at trial. 4 310-229-9900 LOS ANG ELES, CA 90067 VENABLE LLP As a result of the aforementioned conduct, Plaintiff is entitled to the imposition of 5 a constructive trust in its favor over all of its assets and the proceeds derived therefrom, which 6 are in the possession, custody or control of Defendants, and to disgorgement from Defendants of 7 all ill-gotten gains wrongfully obtained to the detriment of Plaintiff. 8 2049 CENTURY PARK EAST, SUITE 2 300 59. 60. As a result of the aforementioned conduct, Plaintiff is entitled to the injunctive 9 relief enjoining Defendants, and all persons acting in concert with them, from further interfering 10 with Plaintiff’s business opportunities and the conversion of its assets. Plaintiff does not have an 11 adequate remedy at law. 12 EIGHTH CAUSE OF ACTION 13 (Violation of Business & Professions Code §§ 17200, et seq. – 14 Against All Defendants) 15 16 17 61. Plaintiff re-alleges and incorporates by reference Paragraphs 1 through 60, inclusive, as though fully set forth herein. 62. Defendants, and each of them, are actively engaged and participating in unlawful 18 and/or unfair business practices, including, but not limited to, intentionally interfering with 19 Plaintiff’s business opportunities and conversion of its assets as alleged herein. 20 63. Defendants, and each of them, will continue to engage and participate in such 21 unlawful and/or unfair business practices unless enjoined from doing pursuant to and in 22 accordance with California Business & Professions Code § 17203. 23 64. Plaintiff is therefore entitled to injunctive relief pursuant to, and in accordance 24 with, California Business & Professions Code § 17203, enjoining Defendants and all persons 25 acting in concert with them from further interfering with Plaintiff’s business opportunities and 26 the conversion of its assets. Plaintiff does not have an adequate remedy at law. 27 28 12 COMPLAINT 1 NINTH CAUSE OF ACTION 2 (Unjust Enrichment – Against All Defendants) 3 4 65. inclusive, as though fully set forth herein. 5 66. enriched to the detriment and loss of Plaintiff by diverting to themselves or for their benefit and 7 away from Plaintiff the alleged properties and income attributable to Tom Petty’s music that 8 rightfully belong to Plaintiff. 67. As a direct and proximate result of Defendants’ unjust enrichment as alleged 10 herein, Plaintiff is entitled to restoration and disgorgement from Defendants of all properties and 11 income wrongfully obtained or diverted from Plaintiff. 12 310-229-9900 LOS ANG ELES, CA 90067 VENABLE LLP In doing the wrongful acts alleged herein, Defendants have been, and are, unjustly 6 9 2049 CENTURY PARK EAST, SUITE 2 300 Plaintiff re-alleges and incorporates by reference Paragraphs 1 through 64, 68. In doing the acts alleged herein, Defendants have acted with oppression, fraud and 13 malice, and in conscious disregard of Plaintiff’s rights in the conduct of its business and 14 exploitation of its assets, all so as to deprive Plaintiff of the business and profits to which it is 15 entitled and to entitle Plaintiff to an award of exemplary and punitive damages in an amount to 16 be determined at trial. 17 69. As a result of the aforementioned conduct, Plaintiff is entitled to the imposition of 18 a constructive trust in its favor over all of its assets and the proceeds derived therefrom, which 19 are in the possession, custody or control of Defendants, and to disgorgement from Defendants of 20 all ill-gotten gains wrongfully obtained to the detriment of Plaintiff. 21 70. As a result of the aforementioned conduct, Plaintiff is entitled to the injunctive 22 relief enjoining Defendants, and all persons acting in concert with them, from further interfering 23 with Plaintiff’s business opportunities and the conversion of its assets. Plaintiff does not have an 24 adequate remedy at law. 25 /// 26 /// 27 /// 28 /// 13 COMPLAINT 1 PRAYER FOR RELIEF 2 3 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: 4 5 1. $5 million, according to proof at trial; 6 7 2. 3. For recovery from Defendants of all properties of Plaintiff attributable to Tom Petty's music; 10 0 0 For punitive and exemplary damages in an amount sufficient to punish and make an example of Defendants in an amount according to proof at trial; 8 9 For compensatory damages, including attorneys ' fees, in an amount in excess of 4. For the imposition of a constructive trust against Defendants and in favor of 11 Plaintiff over all properties and the proceeds thereof, which are wrongfully in the possession, 12 custody or control of Defendants and rightfully belong to Plaintiff; r<) N lJ.J Q.. t: ,. ._ :::i (D ..J • 8 Ol ..J t;; <( (f) i:..J ~ CQ ~ ~ u_ ~ (f) <( _J 0:: lJ.J i;..J 5. For restitution to Plaintiff and disgorgement from Defendants of all properties and 14 the proceeds thereof, which were wrongfully obtained by Defendants and rightfully belong to 15 Plaintiff; 16 6. a..~ ;z >z 0:: <( > 13 ~ (f) z 0 _J lJ.J (..) Ol v For injunctive relief enjoining Defendants and all persons acting in concert with 0 N 17 them from further interfering with Plaintiffs business opp011unities and the conversion of its 18 assets . 19 7. For costs of suit and attorneys' fees to the fullest extent allowable by law; 20 8. For pre-judgment and post-judgment interest at the maximum rate permitted by 21 22 23 law; and 9. For such other and further relief as the Court dee s just and proper. Dated: May 15, 2019 24 25 26 27 28 14 COMPLAINT 1 DEMAND FOR JURY TRIAL 2 Plaintiff Petty Unlimited LLC hereby demands a trial by jury. 3 Dated: May 15, 2019 4 By: 5 . Weingarten Attorney~ )lo Plaintiff PETTY UNLIMITED LLC 6 7 8 9 10 I 11 0 0 (") ~ ~ N UJ t: ,. __ ::i ~ ~ ;5 u_ ...:i ~ (/) a.. (.9 ~ < 2 ~ t; 12 (0 (/)• gOJ -z 0:: zO UJ _J u OJ ,q0 N 16 17 18 19 20 21 22 23 24 25 26 27 28 15 COMPLAINT