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Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 1 of 29 Page ID #:1

1 LAW OFFICE OF CRISTOPHER G. SABOL


CRISTOPHER G. SABOL (SBN 251317)
2
Email: sabolesq@gmail.com
3 644 N. Fuller Ave., No. 383
4
Los Angeles, CA 90036
Tel. No.: 323-383-1155
5

6 Attorneys for Plaintiffs,


XVIII Entertainment, LLC, a California
7
limited liability company; and John J. K.
8 Rogers, an individual
9

10
UNITED STATES DISTRICT COURT
11 CENTRAL DISTRICT OF CALIFORNIA
12

13 XVIII ENTERTAINMENT, LLC, a


California limited liability company; and COMPLAINT
14
JOHH J. K. ROGERS, an individual;
15 1. 1. Breach of Contract
Plaintiffs, 2. Breach of Implied Covenant of
16 Good Faith and Fair Dealing
2. 3.2 Breach of Fiduciary Duties
17 v. 4. False Promise
18 5. Unjust Enrichment
ERIC PARKINSON, an individual; 6. Intentional Misrepresentation
19 FREDERICK SHEFTE, an individual; 7. Fraudulent Concealment
HANNOVER HOUSE, INC., a 8. Unfair Business Practices
20
Wyoming corporation; TRUMAN 9. Accounting
10. Fraudulent Inducement
21
PRESS, INC. (d/b/a HANNOVER 11. Intentional Interference with
22 HOUSE), an Arkansas corporation; and Contractual Relations
MEDALLION RELEASING, INC., an 12. Negligence
23
Arkansas corporation; and JOHN DOE 13. Civil Conspiracy
24 1-10 (said names being fictitious, as the 14. Declaratory Relief
true names are presently unknown); 15. Injunctive Relief
25
DEMAND FOR JURY TRIAL
26 Defendants.
27

28

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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 2 of 29 Page ID #:2

1 Plaintiffs JOHN J.K. ROGERS and XVIII ENTERTAINMENT, LLC,


2 (herein after collectively referred to as Plaintiffs) allege against Defendants
3 ERIC PARKINSON, FREDERICK SHEFTE, HANNOVER HOUSE, INC.,
4 TRUMAN PRESS, INC., and MEDALLION RELEASING, INC. (herein after
5 collectively referred to as Defendants), as follows:
6
JURISDICTION AND VENUE
7

8 1. The Court has subject matter jurisdiction over this action pursuant to
9 28 USC 1332 because of a diversity of citizenship. Plaintiffs are residents of and
10 doing business in California, and Defendants are residents of and doing business in
11 Arkansas.
12
2. On information and belief, this Court also has personal jurisdiction
13
over Defendants for the reasons, among others, that (i) Defendants transact
14
business in California by marketing to potential business clients in California; and
15
(ii) Defendants have entered into contracts within the state of California with
16
distributors and licensees. Moreover, each of the Defendants engaged in
17
negotiations and otherwise interacted with Plaintiff Rogers in California. As such,
18
Defendants contacts with this state have been systematic and continuous in the
19
sundry dealings they have had with filmmakers and producers similarly situated
20
with Plaintiffs.
21

22 3. Accordingly, venue is proper in this district pursuant to 28 U.S.C


23 1391 (b) and (c) because a substantial part of the events giving rise to Plaintiffs
24 claims occurred in this judicial district, including the negotiations and contract into
25 which Plaintiffs entered with Defendants, as well as the contracts into which
26 Defendants have entered into with other filmmakers and producers.
27
///
28

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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 3 of 29 Page ID #:3

1 TRIAL BY JURY
2 4. Pursuant to Fed. R. Civ. P. 38(b), Plaintiffs hereby demand a trial by
3 jury on each and every one of the claims as pled herein.
4
PARTIES
5
5. Plaintiff XVIII ENTERTAINMENT, LLC (XVIII Entertainment) is,
6
and at all times mentioned in this complaint was, a California limited liability
7

8
company organized under the laws of California.

9 6. Plaintiff JOHN J. K. ROGERS (Rogers) is, and at all times

10 mentioned in this complaint was, an individual residing in California and Managing


11 Member of XVIII Entertainment.
12 7. Plaintiffs are informed and believe that at all times mentioned herein,
13 Defendant ERIC PARKINSON (Parkinson) was and is an individual residing in
14 the State of Arkansas. Plaintiffs are further informed and believe that Parkinson was
15 the principal and managing agent of co-defendants HANNOVER HOUSE, INC.,
16 and MEDALLION RELEASING, INC.
17
8. Plaintiffs are informed and believe that at all times mentioned herein,
18
Defendant FREDERICK SHEFTE (Shefte) was and is an individual residing in
19
the State of Arkansas. Plaintiffs are further informed and believe that Shefte is also
20
a principal, in charge of the financial operations, and co-managing agent of co-
21
defendants HANNOVER HOUSE, INC., and MEDALLION RELEASING, INC.
22
9. Plaintiffs are informed and believe that at all times mentioned herein,
23
Defendant HANNOVER HOUSE, INC. (House) was and is a Wyoming
24
corporation.
25
10. Plaintiffs are informed and believe that at all times mentioned herein,
26

27
Defendant TRUMAN PRESS, INC. (Press) was and is an Arkansas corporation.

28 11. Plaintiffs are informed and believe that at all times mentioned herein,

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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 4 of 29 Page ID #:4

1 Defendant MEDALLION RELEASING, INC. (Medallion) was and is an


2 Arkansas corporation.
3 12. Defendants John Doe (Doe) 1-10, as alleged above, as yet
4 unidentified individuals and entities who participated in the violation of Plaintiffs
5 rights and committed other unlawful acts against Plaintiffs as alleged herein.
6
13. Plaintiffs are informed and believe that at all times mentioned herein,
7
there was such a unity of interests between each of the individual, corporate and Doe
8
Defendants named herein, that the separate corporate entities should be disregarded,
9
and the corporate entities of the Defendants should be treated merely as the alter-ego
10
of the respective individual Defendants. Adherence to the fiction of separate
11
existence of the corporate and entity Defendants as an entity distinct from the
12
respective individual Defendants would permit an abuse of the corporate provision,
13
would sanction fraud and injustice in that the individual Defendants could evade
14
personal liability for their wrongdoing alleged in this complaint and could and would
15

16
continue in the corporate name to perpetuate the fraudulent plan, scheme and device

17
alleged in this complaint.

18 FACTUAL ALLEGATIONS
19
14. Plaintiff XVIII Entertainment is the authorized distribution agency, as
20
well as the licensing source for the feature films Revelations, Day of Redemption,
21
Jobs Daughter and The Linda Vista Project (LVP), (collectively, the Pictures).
22
15. Plaintiff Rogers as the principal of XVIII Entertainment had exclusive
23
control and responsibility over the entirety of the creative process in developing,
24
producing and directing the LVP, and at all times alleged herein was the copyright
25

26
holder and owned all rights to the feature film LVP.

27 16. Emilio Roso d/b/a Knesset Pictures had exclusive control and
28 responsibility over the entirety of the creative process in developing, producing and

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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 5 of 29 Page ID #:5

1 directing the LVP, and at all times alleged herein was the copyright holder who
2 granted Plaintiff XVIII Entertainment the rights to distribute and exploit, and the
3 copyright necessary to effect those rights, the feature films Revelations, Day of
4 Redemption, and Jobs Daughter (collectively, the Roso Films).
5 Plaintiff Rogers as the principal of XVIII Entertainment had exclusive
17.
6
control and responsibility over the entirety of the distribution rights and sub-
7
licensing of the Pictures.
8
18. Defendants Parkinson and Shefte as the key principals of company
9
Defendants House, Press and Medallion had exclusive control and responsibility
10
over the entirety of the distributing and sub-licensing the Pictures, receiving payment
11
from third parties for granting such right, reporting to Plaintiffs for transactions that
12
burdened the rights of the Pictures and revenue generated therefrom, reporting to
13
Plaintiffs for costs incurred by Defendants regarding the Pictures, and generally
14
update and respond to inquiries by Plaintiffs regarding the Pictures.
15

16
19. Defendants House and Medallion are in the business of marketing and

17
distributing filmand television programs in all applicable formats and media for

18 theatrical releases; and for home video, video-on-demand, and digital sales and
19 licensing in the territory of the United States of America and English-speaking
20 provinces of Canada, and worldwide.
21 20. In or around summer 2016, Defendants Parkinson and Shefte began to
22 discuss and negotiate with Plaintiff Rogers as principal of Plaintiff XVIII
23 Entertainment a potential agreement for Defendants to market and distribute one or
24 more feature films to which XVIII Entertainment had or would acquire the rights to
25 distribute and exploit.
26
21. On or around 24 June 2016, Plaintiff XVIII Entertainment and
27
Defendant House entered into a written sales distribution agreement (the
28
Agreement) in which Defendant House received the exclusive right to advertise,
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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 6 of 29 Page ID #:6

1 market, license, and distribute the feature film LVP for VOD and home-media
2 packaged goods (e.g., DVDs, BluRays) in the U.S. and Canada (the Domestic
3 Territory). In return, Plaintiffs were entitled to a fee from the gross revenue of the
4 Pictures for seven (7) years. A true and correct copy of the Agreement is attached
5 hereto as Exhibit A.
6
22. Necessarily implied in agreements such as the Agreement is the
7
affirmative obligation of the distributor-licensee to provide forthright and complete
8
reports to the licensor of all new agreements entered into, the revenue earned, the
9
revenue received, and any recoupable expenses paid by the licensee during the
10
reporting period for each film. In the event no agreements were executed, revenue
11
generated, revenue received or expenses incurred for a film, a distributor-licensees
12
report is short and simple.
13
23. The standard reporting period in the motion-picture industry for
14
agreements between producer-licensor of feature films and distributor-licensees of
15
those films is a calendar quarter (e.g., January-March); the report for each quarter is
16

17
generally due within 45 days after the end of the reporting period (i.e., the end of the

18
calendar quarter).

19 24. Upon information and belief, Defendants released LVP in September


20 2016 on DVD throughout the Domestic Territory.
21 25. In or about August 2016, Plaintiff XVIII Entertainment and Defendant
22 House agreed to add the Roso Films to the Agreement. They also included digital
23 rights for the Roso Films.
24 26. Upon information and belief, Defendants released Day of Redemption
25 in September 2016 on DVD in the Domestic Territory.
26 27. Upon information and belief, Defendants released Revelations in
27
October 2016 on DVD throughout the Domestic Territory.
28
28. Upon information and belief, Defendants released Jobs Daughter in
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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 7 of 29 Page ID #:7

1 December 2016 on DVD throughout the Domestic Territory.


2 29. Defendants agreed to provide sufficient advertising and marketing in
3 support of distributing the Pictures.
4 30. Defendants agreed to employ their relationships, expertise and years of
5 experience as distributors and sales agents in the entertainment business to maximize
6
the sales and licensing revenue of the Pictures, including submitting the Roso
7
Pictures to Netflix for digital-licensing agreement. Plaintiffs are informed, believe
8
and thereon allege that the goal was not met because Defendants performed no
9
substantial acts in furtherance of their agreement, and the representations of
10
performance that they made to Plaintiffs during the initial negotiations for the
11
Agreement, the negotiations to add the Roso Pictures to the Agreement and
12
thereafter.
13
31. Plaintiffs are informed, believe and thereon allege that because
14
Defendants did not fully perform as agreed upon, the Pictures have not raised as
15
much revenue as projected (goal for the Pictures was to be substantially over
16

17
$200,000.00).

18
32. To date, Plaintiffs have not received any fees per the Agreement.

19 Defendants have not remitted any payment to Plaintiffs and have not communicated
20 with Plaintiffs regarding such payment.
21 33. Plaintiffs are informed, believe and thereon allege that Defendants have
22 distributed, and continue to distribute the Pictures in various forms, including but
23 not limited to home video or video-on-demand, and have retained the entirety of the
24 profits there from, and have failed to provide any accounting or otherwise
25 communicate with Plaintiffs as to the nature and extent of the Pictures gross
26 proceeds despite Plaintiffs repeated demands.
27
34. Plaintiffs are informed, believe and thereon allege that Defendants have
28
profited from the distribution of the Pictures. Thus, Defendants are in breach of the
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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 8 of 29 Page ID #:8

1 Agreement for failure to pay any monies to Plaintiffs pursuant to the Agreement and
2 their representations to Plaintiffs
3 35. Plaintiffs are informed, believe and thereon allege that Defendants have
4 failed to meet their contractual and industry-standard reporting obligations to
5 Plaintiffs by failing to provide Plaintiffs with any reports about the Pictures,
6
including without limitation any agreements or licenses with third parties regarding
7
each of the Pictures, third-party reports provided to Defendants regarding sales or
8
rentals of each of the Pictures, revenue generated from each of the Pictures,
9
recoupable costs incurred by Defendants regarding each of the Pictures, and other,
10
standard reporting data for the Pictures. Thus, Defendants are in breach of the
11
Agreement for failure to perform pursuant to the Agreement.
12
36. As a result of Defendants failure to, among other things, market,
13
advertise, and distribute the Pictures, Plaintiffs have been damaged and continue to
14
suffer damages from Defendants failures to perform and breaches of the Agreement.
15
Plaintiffs are informed and believe that the extent of such damages is within the
16

17
jurisdictional limits of this Court.

18
37. Despite repeated requests for reporting of revenue generated by

19 Defendants exploitation of rights related to the Pictures, Defendants have


20 intentionally concealed and otherwise refused to provide any documentation for
21 gross revenue generated and recoupable costs incurred.
22 38. Upon information and belief, Plaintiffs contend that Defendants have
23 generated reportable revenue and/or expended monies in furtherance of their
24 obligations under the Agreement.
25 ///
26 ///
27
///
28
///
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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 9 of 29 Page ID #:9

1 CLAIMS FOR RELIEF


2 FIRST CAUSE OF ACTION
3 BREACH OF CONTRACT
4 (Plaintiff XVIII Ent. Against House and Medallion)
5 39. Plaintiffs repeat, reallege, and incorporate by reference each and every
6
allegation contained in all proceeding paragraphs, inclusive, as though fully set forth
7
herein.
8
40. On or around June 24, 2016, Plaintiff XVIII Entertainment and
9
Defendant House entered into a written Agreement (see Exhibit
10
A attached hereto) whereby Defendants agreed to market and distribute the Pictures
11
in consideration for exclusive licensing rights and a 25% distribution fee with the
12
remaining 75% to be distributed to Plaintiff XVIII Entertainment before any claimed
13
deduction by Defendants of costs and expenses.
14
41. Defendants have breached the Agreement because they have not
15
distributed, advertised or marketed the Pictures pursuant to the Agreement and have
16

17
failed to otherwise perform their duties in the Agreement in any reasonable manner.

18
Defendants continue to breach the Agreement for their failure to perform.

19 42. As a result of Defendants failure to comply with their contractual


20 obligations or to perform their duties as promised, Plaintiffs has been harmed and
21 will continue to be damaged by: (1) being deprived of additional lost sales and
22 revenues that could have been earned from the Pictures; (2) being deprived of the
23 opportunity costs incurred in having been unable to market and distribute the
24 Pictures through other sources; and (3) being deprived of its agreed-to profits
25 pursuant to the terms of the Agreement.
26 43. Defendants have not paid any monies to Plaintiff XVIII Entertainment,
27
who has been harmed and continues to be damaged by Defendants breaches and
28
failures to pay Plaintiffs share of the proceeds and report agreements, revenues and
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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 10 of 29 Page ID #:10

1 costs regarding the Pictures to Plaintiffs.


2 44. As a direct and proximate result of Defendants breach, Plaintiffs
3 suffered, general, special, and consequential damages in an amount according to
4 proof at trial, but no less than $200,000.00. The Agreement provides for an award
5 of attorneys fees and costs to the prevailing party. As such, Plaintiffs also request
6
recovery of reasonable attorneys fees and costs of suit.
7
SECOND CAUSE OF ACTION
8
BREACH OF IMPLIED COVENANT OF
9
GOOD FAITH AND FAIR DEALING
10
(Plaintiff XVIII Ent. Against HOUSE, and MEDALLION
11
45. Plaintiffs repeat, reallege, and incorporate by reference each and every
12
allegation contained in all proceeding paragraphs, inclusive, as though fully set forth
13
herein.
14
46. Every contract imposes the duty of good faith and fair dealing upon the
15

16
parties in performance and enforcement of the contract.

17
47. Defendants have acted in bad faith by not performing their obligations

18 under the Agreement, and by making oral and written misrepresentations to


19 Plaintiffs about their ability to perform and actual performance, all in an effort to
20 hinder and delay Plaintiffs discovery of their true actions, to wit, their failure to
21 fully market and distribute the Pictures pursuant to their contractual obligations, and
22 their concealment of the actual profits realized from the Pictures.
23 48. As a direct and proximate result of Defendants breach of good faith
24 and fair dealing, Plaintiffs suffered general, special, and consequential damages in
25 an amount according to proof at trial.
26
///
27
///
28
///
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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 11 of 29 Page ID #:11

1 THIRD CAUSE OF ACTION


2 BREACH OF FIDUCIARY DUTIES
3 (Against All Defendants)
4 49. Plaintiffs repeat, reallege, and incorporate by reference each and every
5 allegation contained in all proceeding paragraphs, inclusive, as though fully set forth
6
herein.
7
50. By virtue of Plaintiffs entrustment and reliance in giving full and
8
exclusive control and licensing rights to Defendants, Defendants owed fiduciary
9
duties of care, loyalty and good faith to Plaintiffs. Defendants fiduciary duties
10
included obligations to exercise good business judgment, to act prudently in
11
performing the Agreement, to discharge their actions in good faith, and to act in the
12
best interests of the Plaintiffs.
13
51. Defendants breached their fiduciary duty of care by, among other
14
things, failing to execute their obligations under the Agreement and failing in nature
15
as fiduciaries to exercise their exclusive rights given by and for the benefit of the
16

17
Plaintiffs.

18
52. Defendants breached their duties of loyalty and good faith by, among

19 other things, intentionally breaching the Agreement in an attempt to reap benefits


20 from the sale of the Pictures while unlawfully withholding Plaintiffs share and by
21 refusing to provide any sort of accounting.
22 53. As a direct and proximate result of Defendants breach of fiduciary
23 duties, Plaintiffs have suffered damages including, but not limited to, harm to their
24 rights and interests as licensor, in an amount to be determined at trial.
25 54. Defendants conduct was malicious, fraudulent, and/or oppressive, and
26 was committed with a conscious disregard of the rights of Plaintiffs. Defendants
27
were entrusted by the Plaintiffs to market and distribute the Pictures and transfer
28
75% of all revenue to the Plaintiffs. Defendants intentionally and knowingly
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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 12 of 29 Page ID #:12

1 withheld Plaintiffs share of the revenue for their own benefit, disregarding
2 Plaintiffs rights to their share, and then misrepresented the nature and extent of the
3 sales with the purpose of deceiving Plaintiffs into believing that they were not owed
4 anything. Accordingly, Plaintiffs are entitled to an award of punitive or exemplary
5 damages in an amount to be determined at trial.
6
FOURTH CAUSE OF ACTION
7
FALSE PROMISE
8
(Against Parkinson, House and Medallion)
9
55. Plaintiffs repeat, reallege, and incorporate by reference each and every
10
allegation contained in all proceeding paragraphs, inclusive, as though fully set forth
11
herein.
12
56. Leading up to the entry into the Agreement and thereafter, Defendants
13
made several promises to Plaintiffs that they would market, advertise, license, and
14
distribute the Pictures pursuant to the terms of the Agreement, in order to induce
15
Plaintiffs into retaining their services under the false pretenses that Defendants
16

17
would perform and utilize their industry expertise, rather than abscond with

18
Plaintiffs bargained-for profits.

19 57. Plaintiffs are informed, believe, and thereon allege that Defendants did
20 not intend to perform these promises to market, advertise, license, and distribute the
21 Pictures when they made them.
22 58. Defendants intended that Plaintiffs rely on these promises and induced
23 Plaintiffs into believing that Defendants would market, advertise, license, and
24 distribute the Pictures.
25 59. Plaintiffs reasonably relied on Defendants promises, and went forth
26 without looking for other marketing agents and distributors for the Pictures in
27
reliance of Defendants promises.
28
60. Defendants did not perform the promised acts of marketing,
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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 13 of 29 Page ID #:13

1 advertising, licensing, and distributing the Pictures.


2 61. Plaintiffs are informed, believe, and thereon allege that Defendants
3 were aware that Plaintiffs were not able to enter into licensing agreements with other
4 distributors, causing Plaintiffs to solely rely on Defendants performance to market,
5 advertise, license, and distribute the Pictures.
6
62. Had Plaintiffs known the actual facts concerning Defendants true
7
intentions and false promises, Plaintiffs would not have entered into the contract
8
with Defendants and would have looked for other distributors to market, advertise,
9
license, and distribute the Pictures.
10
63. Plaintiffs reliance on Defendants promises was a substantial factor in
11
causing their harm. Plaintiffs were unable to market, advertise, license, and
12
distribute the Pictures in time before the scheduled release date of the Pictures, and
13
thereafter were bound to Defendants as their exclusive agents, who did nothing to
14
satisfy their obligations.
15
64. As a direct, legal and proximate result of the aforementioned conduct,
16

17
Plaintiffs have suffered, and will continue to suffer, substantial general and special

18
damages, including but not limited to: loss of goodwill and revenue, as well as by:

19 (1) being deprived of additional lost sales and revenues that could have been earned
20 from the Pictures; (2) being deprived of the opportunity costs incurred in having
21 been unable to market and distribute the Pictures through other sources; and (3)
22 being deprived of its agreed to profits pursuant to the terms of the Agreement.
23 Accordingly, Plaintiffs have been damaged in an amount to be proven at trial.
24 65. Plaintiffs are informed and believe that the aforementioned conduct of
25 Defendants was carried out as part of a deliberate scheme to preclude Plaintiffs from
26 the benefits of the Agreement. Such conduct was oppressive and fraudulent, and
27
subjected Plaintiffs to cruel and unjust hardship in a willful and conscious disregard
28
of their rights, warranting exemplary and punitive damages pursuant to Civil Code
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Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 14 of 29 Page ID #:14

1 3294, for the reasons set forth herein and for at least the following reasons:
2 a. It was done with the purposeful and intentional design of putting
3 Defendants own interests ahead of Plaintiffs rights and interests,
4 in order to deprive Plaintiffs of their share of the revenue from the
5 Pictures.
6
b. It was done with malice and with the intent to injure Plaintiffs with
7
willful and conscious disregard of Plaintiffs rights, financial
8
wellbeing and the foreseeable damages and losses caused thereby.
9
FIFTH CAUSE OF ACTION
10
UNJUST ENRICHMENT
11
(Against All Defendants)
12
66. Plaintiffs repeat, reallege, and incorporate by reference each and every
13
allegation contained in all proceeding paragraphs, inclusive, as though fully set forth
14
herein.
15
67. As a result of Defendants pervasive wrongful conduct described
16

17
above, Defendants have been unjustly enriched at the expense of Plaintiffs in the

18
form of sales and royalties paid by distributors and licensees with whom Defendants

19 have transacted business.


20 68. Plaintiffs are informed and believe and thereon alleges that as a result
21 of Defendants ongoing oppressive conduct and exclusion of Plaintiffs, Defendants
22 have unjustly been enriched through the exclusive right to sell and distribute the
23 Pictures afforded by Plaintiffs.
24 69. Defendants should be ordered to disgorge the gains which they have
25 unjustly obtained and/or a constructive trust should be imposed for the benefit of the
26 Plaintiffs in such amount as will preserve the rights and interests of the Plaintiffs per
27
the Agreement.
28
///
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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 15 of 29 Page ID #:15

1 SIXTH CAUSE OF ACTION


2 INTENTIONAL MISREPRESENTATION
3 (Against All Defendants)
4 70. Plaintiffs repeat, reallege, and incorporate by reference each and every
5 allegation contained in all proceeding paragraphs, inclusive, as though fully set forth
6
herein.
7
71. Defendants made clear and unambiguous representations, orally and in
8
writing, through phone conversations and email correspondences, committing to
9
distribute, advertise, and market the Pictures.
10
72. Defendants representations were not true.
11
73. When Defendants made the aforementioned representations,
12
Defendants knew the representations were in fact false and made without any
13
reasonable basis for believing them to be true.
14
74. Defendants intended that Plaintiffs rely on these representations, and
15
further deceived and induced Plaintiffs to dismiss other potential distributors and
16

17
licensees.

18
75. Plaintiffs reasonably relied on the Defendants representations and

19 therefore dismissed other potential distributors.


20 76. Plaintiffs were harmed and their reliance on Defendants
21 representations were a substantial factor in causing their harm. Plaintiffs would not
22 have dismissed other distributors and licensees, and/or entered into any agreement
23 with Defendants had Plaintiffs known that Defendants would not fulfill his duties
24 and promises to distribute, advertise, and market the picture.
25 77. Defendants misrepresentation was a substantial factor in causing
26 Plaintiffs harm.
27
78. Plaintiffs are informed and believe that the aforementioned conduct of
28
Defendants was carried out as part of a deliberate scheme to preclude Plaintiffs from
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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 16 of 29 Page ID #:16

1 the benefits of the Agreement. Such conduct was oppressive and fraudulent, and
2 subjected Plaintiffs to cruel and unjust hardship in a willful and conscious disregard
3 of their rights, warranting exemplary and punitive damages pursuant to Civil Code
4 3294, for the reasons set forth herein and for at least the following reasons:
5 a. It was done with the purposeful and intentional design of putting
6
Defendants own interests ahead of Plaintiffs rights and interests,
7
in order to deprive Plaintiffs of their share of the revenue from the
8
Pictures.
9
b. It was done with malice and with the intent to injure Plaintiffs with
10
willful and conscious disregard of Plaintiffs rights, financial
11
wellbeing and the foreseeable damages and losses caused thereby.
12
SEVENTH CAUSE OF ACTION
13
FRAUDULENT CONCEALMENT
14
(Against Parkinson, House and Medallion)
15
79. Plaintiffs repeat, reallege, and incorporate by reference each and every
16

17
allegation contained in all proceeding paragraphs, inclusive, as though fully set forth

18
herein.

19 80. Plaintiffs are informed and believe and thereon allege that Defendants
20 knowingly and willfully conspired between themselves to defraud Plaintiffs by
21 cooperatively engaging in the fraudulent withholding of Plaintiffs share of profits,
22 and the extent of revenue generated from the Pictures.
23 81. Plaintiffs are informed and believe and thereon allege that all the
24 Defendants acting in concert, intended to hide the receipt of the sales and therefore
25 improperly withheld Plaintiffs shares between the Defendants.
26 82. Specifically, HOUSE and MEDALLION misappropriated,
27
misdirected, and otherwise converted Plaintiffs share of revenue from the Pictures.
28
83. Defendants intended to deceive Plaintiffs by concealing the sales
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CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 17 of 29 Page ID #:17

1 figures and their misappropriation of Plaintiffs share of the revenue derived from
2 the Pictures, including concealing their failure to transfer 75% of the revenue as
3 promised. Defendants, and each of them, concealed the funds from Plaintiffs for the
4 purpose of hindering, delaying and otherwise lulling Plaintiffs into not pursuing the
5 recovery of their share.
6
84. Plaintiffs reasonably relied on Defendants deception because
7
Defendants were Plaintiffs fiduciaries and were, in fact, the ones to hold and
8
disperse Plaintiffs share of the revenue derived from the Pictures. Defendants had
9
exclusive licensing rights of the Pictures and were therefore in complete control of
10
all revenue derived from such. Defendants improperly withheld the funds and were
11
involved in making direct misrepresentations to Plaintiffs regarding the disposition
12
of Plaintiffs share of the revenue, which Defendants knew were false and were made
13
deliberately to mislead, obfuscate and otherwise deter Plaintiffs from discovering
14
the fraudulent concealments and transfers made with Plaintiffs share of the revenue.
15
85. As a result, Plaintiffs were harmed in an amount according to proof,
16

17
plus interest at the legal rate from and after 1 September 2016.

18
Defendants concealment was a substantial factor in causing Plaintiffs harm.

19 86. Plaintiffs are informed and believe that the aforementioned conduct of
20 Defendants was carried out as part of a deliberate scheme to preclude Plaintiffs from
21 the benefits of the Agreement. Such conduct was oppressive and fraudulent, and
22 subjected Plaintiffs to cruel and unjust hardship in a willful and conscious disregard
23 of their rights, warranting exemplary and punitive damages pursuant to Civil Code
24 3294, for the reasons set forth herein and for at least the following reasons:
25 a. It was done with the purposeful and intentional design of putting
26 Defendants own interests ahead of Plaintiffs rights and interests,
27
in order to deprive Plaintiffs of their share of the revenue from the
28
Pictures.
- 17 -
CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 18 of 29 Page ID #:18

1 b. It was done with malice and with the intent to injure Plaintiffs with
2 willful and conscious disregard of Plaintiffs rights, financial
3 wellbeing and the foreseeable damages and losses caused thereby.
4 EIGHTH CAUSE OF ACTION
5 UNFAIR BUSINESS PRACTICES
6
(Against All Defendants)
7
87. Plaintiffs repeat, reallege, and incorporate by reference each and every
8
allegation contained in all proceeding paragraphs, inclusive, as though fully set forth
9
herein.
10
88. Plaintiffs are informed, believe, and thereon allege that Defendants
11
wrongful conduct constituted unlawful, unfair or fraudulent business acts or
12
practices proscribed by Californias Unfair Business Practices Act, or Business and
13
Professions Code 17-200, et seq., including but not limited to the deprivation of
14
money and property.
15
89. Defendants unlawful, unfair, and fraudulent business acts or practices
16

17
include, but are not limited to, failure to market, advertise, license, and distribute the

18
Pictures, as agreed, directing Plaintiffs to cease business relations with other parties;

19 purposefully and knowingly, or at minimum recklessly preventing Plaintiffs from


20 having access to other distributors and business opportunities; and purposefully and
21 knowingly misusing and abusing the professional and legal duties and obligations
22 owed to Plaintiffs during the course of their professional relationship, or at a
23 minimum, recklessly or negligently breaching those duties and obligations, by
24 making the aforementioned material misrepresentations to Plaintiffs.
25 90. As a direct and proximate result of Defendants wrongful acts, Plaintiffs
26 have suffered and will continue to suffer substantial pecuniary losses and irreparable
27
injury.
28
91. Defendants willful and conscious disregard for Plaintiffs rights and
- 18 -
CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 19 of 29 Page ID #:19

1 the harm caused to Plaintiffs based on Defendants egregious misrepresentations,


2 concealment, and breaches of contract created an unjust hardship for Plaintiffs.
3 92. As a result of Defendants wrongful, unlawful and/or unfair conduct,
4 Plaintiffs are entitled to compensation of all the monies lost in reliance upon
5 Defendants failure to market, advertise, license, and distribute the Pictures.
6
93. It has been necessary for Plaintiffs to retain the services of legal counsel
7
to pursue this matter and Plaintiffs are entitled, pursuant to Code of Civil Procedure
8
1021.5, to an award of attorneys fees, interest and costs incurred pursuing the
9
action.
10
94. Defendants acts have impaired Plaintiffs goodwill and have otherwise
11
adversely affected Plaintiffs business and reputation by use of unfair and fraudulent
12
business practices. Also, Defendants conduct violates federal and state statutory
13
law, as set forth herein.
14
95. These acts constitute unfair competition and unfair business practices
15
under California Business and Professions Code 17200 et seq., the analogous
16

17
statutes of other states, and California common law.

18
Plaintiffs are also entitled to recover any of Defendants profits derived from the

19 distribution and licensing of the Pictures.


20 96. By performing the conduct described herein, Defendants have acted
21 and continue to act with oppression, fraud, or malice, and intend to injure Plaintiffs
22 and gain an advantage at Plaintiffs expense.
23 NINTH CAUSE OF ACTION
24 ACCOUNTING
25 (Against All Defendants)
26 97. Plaintiffs repeat, reallege, and incorporate by reference each and every
27
allegation contained in all preceding paragraphs, inclusive, as though fully set forth
28
herein.
- 19 -
CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 20 of 29 Page ID #:20

1 98. Pursuant to the written Agreement entered into between Plaintiffs and
2 Defendants, Defendants agreed to pay to Plaintiffs a fee, consisting of a percentage
3 of the gross revenue from distribution of the Pictures.
4 99. As a result of Defendants numerous fraudulent acts described herein,
5 Plaintiffs have suffered damages and Defendants have received money, a portion of
6
which is due to Plaintiffs from Defendants per the Agreement.
7
100. Plaintiffs have demanded an accounting of the aforementioned
8
transactions from Defendants and payments but Defendants have failed and refused,
9
and continues to fail and refuse, to render such an accounting and to pay such sum.
10
101. The amount of money due from Defendants to Plaintiffs is unknown to
11
Plaintiffs and cannot be ascertained without an accounting of the receipts and
12
disbursements of the aforementioned transactions.
13
102. Accordingly, Plaintiffs demand an accounting from Defendants in
14
order to determine the amount of money due per the Agreement.
15
TENTH CAUSE OF ACTION
16

17
FRAUDULENT INDUCEMENT

18
(Against Parkinson, House and Medallion)

19 103. Plaintiffs repeat, reallege, and incorporate by reference each and every
20 allegation contained in all preceding paragraphs, inclusive, as though fully set forth
21 herein.
22 104. Plaintiffs are informed and believe and thereon allege that Defendants
23 knowingly and willfully conspired between themselves to defraud Plaintiffs by
24 affirmatively promising to perform the obligations set forth in the Agreement
25 without the intent to actually perform those obligations.
26 105. Plaintiffs are informed and believe and thereon allege that all the
27
Defendants acting in concert, intended to engage Plaintiffs in the Agreement
28
requiring Plaintiffs provide Defendants with the source material necessary to
- 20 -
CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 21 of 29 Page ID #:21

1 distribute and exploit the Pictures, and thereafter retain all revenue for themselves
2 without regard to their obligations in the Agreement.
3 106. Specifically, Parkinson and Shefte, as representatives of House and
4 Medallion, represented they would diligently market the Pictures to home-media-
5 packaged-goods retailers, such as Wal-Mart, Target, Amazon, etc., digital-media
6
sellers, such as Netflix, and various television exhibitors, and for each and every sale
7
or licensing agreement pay Plaintiffs 75% (after recoupment) of the amount
8
Defendants received.
9
107. These statements by Parkinson and Shefte were false.
10
108. Parkinson and Shefte knew they were false when they represented them
11
to Plaintiffs, but made the false representations to Plaintiffs to induce them to rely
12
on such statements and enter into the Agreement. Defendants knew that Plaintiff
13
XVIII Entertainment would send Defendants the source material necessary to
14
distribute and profit off the Pictures, if Defendants could engage Plaintiffs in the
15
Agreement.
16

17
109. Plaintiffs did rely on Defendants false statements to their detriment by

18
entering into the Agreement and transferring the source material of the Pictures to

19 Defendants. Plaintiffs reasonably relied on Defendants deception because


20 Defendants were Plaintiffs fiduciaries and were, in fact, the ones to hold and
21 disperse Plaintiffs share of the revenue derived from the Pictures. Defendants had
22 exclusive licensing rights of the Pictures and were therefore in complete control of
23 all revenue derived from such. Defendants improperly withheld the funds and were
24 involved in making direct misrepresentations to Plaintiffs regarding the promise to
25 pay Plaintiffs their share of the revenue, which Defendants never intended to pay.
26 Defendants representations were made deliberately to mislead, induce and
27
otherwise take advantage of Plaintiffs.
28
110. As a result, Plaintiffs were harmed in an amount according to proof,
- 21 -
CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 22 of 29 Page ID #:22

1 plus interest at the legal rate from and after 1 September 2016.
2 111. Defendants inducement was a substantial factor in causing Plaintiffs
3 harm.
4 112. Plaintiffs are informed and believe that the aforementioned conduct of
5 Defendants was carried out as part of a deliberate scheme to preclude Plaintiffs from
6
the benefits of the Agreement. Such conduct was oppressive and fraudulent, and
7
subjected Plaintiffs to cruel and unjust hardship in a willful and conscious disregard
8
of their rights, warranting exemplary and punitive damages pursuant to Civil Code
9
3294, for the reasons set forth herein and for at least the following reasons:
10
a. It was done with the purposeful and intentional design of putting
11
Defendants own interests ahead of Plaintiffs rights and interests,
12
in order to deprive Plaintiffs of their share of the revenue from the
13
Pictures.
14
b. It was done with malice and with the intent to injure Plaintiffs with
15
willful and conscious disregard of Plaintiffs rights, financial
16

17
wellbeing and the foreseeable damages and losses caused thereby.

18
ELEVENTH CAUSE OF ACTION

19 INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS


20 (Against All Defendants)
21 113. Plaintiffs repeat, reallege, and incorporate by reference each and every
22 allegation contained in all preceding paragraphs, inclusive, as though fully set forth
23 herein.
24 114. Defendants intentionally interfered with the contract between Plaintiff
25 XVIII Entertainment and Emilio Roso d/b/a Knesset Pictures (Roso) regarding the
26 Roso Pictures.
27
115. Defendants knew that Plaintiff XVIII Entertainment and Roso had
28
entered into a contract granting Plaintiff XVIII Entertainment the exclusive rights to
- 22 -
CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 23 of 29 Page ID #:23

1 distribute the Roso Pictures in all forms, formats and media in all territories in the
2 world.
3 116. Plaintiff XVIII Entertainment was prevented from transferring revenue
4 to Roso for the distribution and exploitation of the Roso Pictures because Defendants
5 refused to inform or transform revenue from the distribution and exploitation of the
6
Roso Pictures to Plaintiff XVIII Entertainment.
7
117. Defendants knew that by failing to inform or remit revenue to Plaintiff
8
XVIII Entertainment, Plaintiff XVIII Entertainment would not be able to update or
9
remit revenue to Roso.
10
118. Plaintiffs have suffered harm from Defendants interference.
11
119. Defendants conduct is a substantial factor in causing Plaintiffs harm.
12
120. Plaintiffs are informed and believe that the aforementioned conduct of
13
Defendants was carried out as part of a deliberate scheme to preclude Plaintiffs from
14
the benefits of the Agreement. Such conduct was oppressive and fraudulent, and
15
subjected Plaintiffs to cruel and unjust hardship in a willful and conscious disregard
16

17
of their rights, warranting exemplary and punitive damages pursuant to Civil Code

18
3294, for the reasons set forth herein and for at least the following reasons:

19 a. It was done with the purposeful and intentional design of putting


20 Defendants own interests ahead of Plaintiffs rights and interests,
21 in order to deprive Plaintiffs of their share of the revenue from the
22 Pictures.
23 b. It was done with malice and with the intent to injure Plaintiffs with
24 willful and conscious disregard of Plaintiffs rights, financial
25 wellbeing and the foreseeable damages and losses caused thereby.
26 ///
27
///
28
///
- 23 -
CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 24 of 29 Page ID #:24

1 TWELFTH CAUSE OF ACTION


2 NEGLIGENCE
3 (Against All Defendants)
4 121. Plaintiffs repeat, reallege, and incorporate by reference each and every
5 122. allegation contained in all preceding paragraphs, inclusive, as though
6
fully set forth herein.
7
123. Defendants held themselves out to Plaintiffs as professionals who
8
distribute and represent as sales agents independent feature films.
9
124. At all relevant times, Defendants knew or should have known that
10

11
Plaintiffs had engaged them with respect to distributing and exploiting the Pictures

12 for the sole purpose of receiving payment from Defendants therefore.


13
125. At all relevant times Defendants knew or should have known that
14

15 Parkinson and Shefte were interested in enriching themselves at Plaintiffs expense


16
and had no intention of performing the Agreement obligations, including without
17

18
limitation, the remittance of revenue generated by Defendants from exploiting the

19 Pictures.
20
126. Defendants owed a duty of care to Plaintiffs commensurate with those
21

22 who hold themselves out to be professionals in the business of distributing and


23
e3xploiting independent feature films.
24

25
127. Defendants breached their duty to Plaintiffs by not meeting industry

26 standards for promoting/advertising/marketing the Pictures for distribution,


27
providing timely and substantive reports on each of the Pictures, and remitting
28

- 24 -
CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 25 of 29 Page ID #:25

1 payment to Plaintiffs XVIII Entertainment for revenue Defendants received from


2
the Pictures.
3

4
128. But for Defendants breaches of duty, Plaintiffs would not have

5 suffered harm. It was foreseeable that if Defendants breached their duties to


6
Plaintiffs, that Plaintiffs would suffer harm.
7

8 129. The amount of harm suffered by Plaintiffs will be according to proof at


9 trial.
10 130. Plaintiffs are informed and believe that the aforementioned conduct of
11 Defendants was carried out as part of a deliberate scheme to preclude Plaintiffs from
12 the benefits of the Agreement. Such conduct was oppressive, and subjected Plaintiffs
13
to cruel and unjust hardship in a manner consistent with gross negligence and
14
conscious disregard of Plaintiffs rights, warranting exemplary and punitive
15
damages pursuant to Civil Code 3294, for the reasons set forth herein and for at
16
least the following reasons:
17
a. It was done with such disregard of Plaintiffs rights with a design of putting
18
Defendants own interests ahead of Plaintiffs rights and interests, without any
19
care as to depriving Plaintiffs of their share of the revenue from the Pictures.
20
b. It was done with conscious disregard of Plaintiffs rights, financial
21
wellbeing and the foreseeable damages and losses caused thereby.
22
THIRTEENTH CAUSE OF ACTION
23

24
CIVIL CONSPIRACY

25
(Against All Defendants)

26 131. Plaintiffs repeat, reallege, and incorporate by reference each and every
27 allegation contained in all proceeding paragraphs, inclusive, as though fully set
28 forth herein.
- 25 -
CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 26 of 29 Page ID #:26

1 132. Defendants Parkinson and Shefte were aware and did plan to acquire the
2 rights to the Pictures, exploit them for monetary gains and keep those gains for
3 themselves after expressly promising Plaintiffs that Defendant House would share
4 the revenue according to the terms of the Agreement.
5 133. Defendants Parkinson and Shefte agreed between themselves and with
6
others to defraud Plaintiffs and Roso by retaining all revenue generated by
7
Defendants from the exploitation of the rights of the Pictures.
8
134. Defendants Parkinson and Shefte should be deemed personally and
9
jointly and severally liable for any award of monetary damages arising from this
10
action
11
FOURTEENTH CAUSE OF ACTION
12
DECLARATORY RELIEF
13
(Plaintiff XVIII Ent. Against House and Medallion)
14
135. Plaintiffs repeat, reallege, and incorporate by reference each and every
15
allegation contained in all preceding paragraphs, inclusive, as though fully set forth
16

17
herein.

18
136. Plaintiffs seek the Courts declaration that the Agreement and all

19 agreements between Plaintiff XVIII Entertainment and one or more of the


20 Defendants is rescinded or terminated; that all rights conveyed by Plaintiffs XVIII
21 Entertainment to any one or more of the Dfe4ndants are returned in full to Plaintiff
22 XVIII Entertainment, and XVIII Entertainment has no further obligations of any
23 kind whatsoever to any of the Defendants regarding the Pictures.
24 137. Plaintiffs further seek the Courts declaration that from 24 June 2016
25 until the date of declaration Defendants received all monies related to the distribution
26 and exploitation of rights of Pictures by Defendants as a constructive trust for
27
Plaintiffs.
28
///
- 26 -
CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 27 of 29 Page ID #:27

1 FIFTEENTH CAUSE OF ACTION


2 INJUNCTIVE RELIEF
3 (Against All Defendants)
4 138. Plaintiffs repeat, reallege, and incorporate by reference each and every
5 allegation contained in all preceding paragraphs, inclusive, as though fully set forth
6
herein.
7
139. Court Order requiring all revenues payable to or based upon an
8
agreement with one or more Defendants related to or arising from exploiting a right
9
of one or more of the Pictures be paid to a third-party collection account, which shall
10
be directed to issue a monthly report to the Court and the parties hereto until the
11
Court issues a final judgment in this matter.
12
140. Court Order requiring Defendants to report all revenue received or
13
payable regarding their exploitation of rights arising from or related to the Pictures,
14
all expenses they have incurred relate thereto and copies of all agreement they have
15
reached with third parties related thereto.
16

17
PRAYER FOR RELIEF

18
WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:

19 ON THE FIRST CAUSE OF ACTION


20 1. For attorneys fees and costs incurred herein.
21 ON THE FIFTH CAUSE OF ACTION
22 1. Disgorgement of gains unjustly obtained and/or a constructive trust
23 imposed for the benefit of Plaintiffs.
24 ON THE THIRD, FOURTH, SIXTH, SEVENTH, TENTH, ELEVENTH,
25 TWELFTH, AND THIRTEENTH CAUSES OF ACTION:
26 1. For exemplary and punitive damages in amounts that are yet to be
27
ascertained.
28
///
- 27 -
CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 28 of 29 Page ID #:28

1 ON THE NINTH CAUSE OF ACTION:


2 1. For an accounting from Defendants to Plaintiffs; and
3 2. For the amount found to be due from Defendants to Plaintiffs as a result
4 of the accounting.
5 ON THE FOURTEENTH CAUSE OF ACTION
6
1. Issue a judgment declaring the Sales Agreement and any other
7
agreement by and between Plaintiff XVIII Entertainment and any or all
8
Defendants terminated; all right related thereto being deemed to revert
9
to Plaintiff XVIII Entertainment, and XVIII Entertainment having no
10
further obligations of any kind whatsoever to any of the Defendants
11
regarding the Pictures.
12
2. Issue a judgment declaring Defendants received revenue as a
13
constructive trust regarding all monies received regarding distribution
14
and exploitation of the rights of the Pictures.
15
ON THE FIFTEENTH CAUSE OF ACTION
16

17
1. Issue a Court Order requiring all revenues payable to or based upon an

18
agreement with one or more Defendants related to or arising from

19 exploiting a right of one or more of the Pictures be paid to a third-party


20 collection account, which shall be directed to issue a monthly report to
21 the Court and the parties hereto until the Court issues a final judgment
22 in this matter.
23 2. Issue a Court Order requiring Defendants to report all revenue received
24 or payable regarding their exploitation of rights arising from or related
25 to the Pictures, all expenses they have incurred relate thereto and copies
26 of all agreement they have reached with third parties related thereto.
27
ON ALL CAUSES OF ACTION:
28
1. For general and special damages according to proof; including but not
- 28 -
CASE NO.: COMPLAINT
Case 2:17-cv-04987-SVW-E Document 1 Filed 07/06/17 Page 29 of 29 Page ID #:29

1 limited to all out of pocket losses incurred by Plaintiffs;


2 2. For recovery of costs and expenses of suit as allowed by law; and
3 3. For such other and further relief as the Court deems just and proper.
4 DEMAND FOR JURY TRIAL
5 Plaintiffs hereby demand a jury trial on all the claims herein.
6

7
LAW OFFICE OF CRISTOPHER G. SABOL
8
Dated: 6 July 2017
9
/Cristopher G. Sabol, Esq./
10
Cristopher G. Sabol, Esq.
11
Attorney for Plaintiffs
12 JOHN J.K. ROGERS and XVIII
ENTERTAINMENT, LLC
13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 29 -
CASE NO.: COMPLAINT

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