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LAW OFFICES LOPEZ & ASSOCIATES
ANTHONY R. LOPEZ(State Bar No. 1496|53)
9025 Wilshire Blvd., Suite 500
Beverly Hills, CA 90211
Telephone: (310) 276-4700
THE MENCHACA LAW FIRM
ALEJANDRO MENCHACA (State Bar No
9025 Wilshire Blvd., Suite 500
Beverly Hills, CA 90211
Telephone: (213) 792-0877
LOPEZ & PRAJIN
GEORGE L. PRAJIN (State BarNo. 28005f)
620 Newport Center Drive, Suite 1100
Newport Beach, CA 92660
(949)200-4607
Attorneys for Defendants, Jenni Rivera Enterprises, Inc
220471)
UNITED STATES
CENTRAL DISTRICT
DISTRICT COURT
OF CALIFORNIA
JENNI RIVERA ENTERPRISES, INC.
Plaintiff,
LUCIO and
1-5, inclusive,
vn-76U* tffr
I Case No.
COMPLAINT FOR:
COPYRIGHT
INFRINGEMENT
DEMAND FOR JURY TRIAL
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Plaintiff, Jenni Rivera Enterprises Inc
for its complaint alleges as follows:
JURISDICTION AND VENUE
1.
, a California corporation ("Plaintiff)
This is a civil action seekiqg
copyright infringement and arises under the
U.S.C. 101 et seq. over infringemelnt
unregistered works. (Reed Elsevier, Inc. v.
damages and injunctive relief for
Copyright Law of the United States 17
claims involving registered and
Muchnick, 559 U.S. 154, 130 S. Ct.
1237, 1248, 176 L. Ed. 2d 18 (2010))
2. The Court has jurisdiction of
seq.,28 U.S.C. 1331 and 1338 (a) and (b)
3. This Court has personal jurisdiction
of the acts complained of herein occurred in
District. In addition, certain Defendant is
and in this District.
4. Venue is proper in this District pursuant to 28 U.S.C. 1391 (b) and
(c).
THE PARTIES
5.
this action under 17 U.S.C. lOlet
over the Defendants in that many
the State of California and in this
g business in the State of California doin
Plaintiff Jennie Rivera Enterpri
relevant to this action is incorporated under
authorized to conduct business in the State
JRE's employees, tangible property andpro<|l
performed at the JRE's Los Angeles office.
Los Angeles office, with executive and
JRE's corporate andprincipal offices locate^
of California.
6. Plaintiff is informed and believes
that Defendant LAURA LUCIO ("Lucio")
place of business in the County of Los Ang
ses Inc. ("JRE") is and all times
:he laws of the State of California and
California. The majority of the
uctions activities are located and
JRE's income is generated from the
administrative functions are performed at
in the County of Los Angeles, State
, and based upon that belief alleges
resides and maintains her principal
eles, State of California.
ofi
COMPLAINT
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7. The true names and capacities, whether individual, corporate,
associate, employee, or otherwise, of the Defendants sued herein as Does 1
through 5, inclusive, currently are unknown
to Plaintiff and Plaintiff therefore sues
said Defendants by such fictitious names. Plaintiff is informed and believes, and
thereon alleges, that each of the Defendants designated herein as a Doe is
responsible legally in some manner for the acts, conduct, omissions and events
e proximately thereby to Plaintiff, as
to amend this complaint to allege the
referred to herein, causing injury and damage
alleged hereinafter. Plaintiff will seek leave
true names, capacities and circumstances establishing the liability of the
Defendants designated herein as Does 1 thrcugh 5, inclusive, at such time as
Plaintiff ascertains the same.
8. Plaintiff is informed and believbs, and on that basis averts that, at all
times herein relevant, each of the Defendants was the agent, servant, employee,
supervisor, co-venturer, subsidiary and/or corporate-parent of each of the
remaining Defendants and, at all times herei nrelevant, each Defendant was acting
within the course, scope, purpose, consent, knowledge, ratification, and
authorization of such agency, employment, joint venture, subsidiary and/or
corporate-parent relationship.
9. Whenever in this Complaint reference is made to "Defendant", or
"Defendants" and each of them, such allegations shall refer to all Defendants
named herein, including all Defendants designated herein as Does, and shall be
deemed to mean the conduct of any and all such Defendants acting individually,
jointly and/or severally.
GENERAL ALLEGATIONS
10. Plaintiff is the copyright owner of exclusive rights under copyright
with respect to certain copyrighted literary works and audio interviews created by
Jenni Rivera and/or owned by Jenni Rivera Enterprises for her autobiography,
(the "Copyrighted Works"). The Copyrighted Works include "Inquebrantable".
COMPLAINT
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Plaintiff has applied and received a Certific
Register of Copyrights for "Inquebrantable"
registration number TX0007740034, attached
copy and is hereby incorporated by referenc 2
physical control of all the works, and as a
Certificate of Copyright Registration from
Copyrighted Works. Without limitation,
copy, reproduce, create derivatives, and dist
the Copyright Works to the public, and/or to
11. Prior to her death, the recordin
to have a book ("book") written concerning
or about December 10, 2007, Jenni Rivera
Agreement with Maizall Media Inc. ("Maiz^ll
Defendant Lucio to help her publish the
Loca" attached as Exhibit "2" is a true and
by reference.
12. As part of the writing process, ^
works and audio taped interviews about her
("copyrighted works".) These literary works
original expression and were fixed in a tang
13. The 2007 writer's agreement cl
vested in Jenni Rivera to Jenni Rivera. Spec
relevant part that "all copyrights, renewals,
material contained in the Work, shall be
name, as the sole and exclusive author and
agreement also states that "with respect to
not be directly or indirectly included or
to such material shall be the sole property
te of Copyright Registration from the
on August 6, 2013, with the
as Exhibit "1" is a true and correct
. Plaintiff does not currently have
has not applied and received a
Register of Copyrights for al said
Plaintiffpossesses the exclusive right to
ibute copies and audio interviews of
authorize such distribution,
artist known as Jenni Rivera desired
tier personal and life experiences. On
eptered into a written Writer's
) for the writing services of
autobiography of her life titled "Mi Vida
^orrect copyand is hereby incorporated
enni Rivera created various literary
sersonal and life experiences
and audio taped interviews contained
ilble medium of expression,
sarly assigns all copyrights not already
ifically the agreement states in
dnd extensions thereof, in and to the
secured and held in Jenni Rivera Rivera's
proprietor thereof..." Further, the
aitiy oral or written material which shall
inco -porated in the Work, all rights in and
oi Jenni Rivera."
result
the
W
COMPLAINT
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14. Plaintiff is the owner of all
works and audio taped interviews created b>
for the Book.
15. Jenni Rivera Enterprises has r
Rivera and has sold more than 200,000
United States alone. Jenni Rivera Enterpris
audio interviews created by and/or owned
about the life of Jenni Rivera. Jenni
creation of its creative property by sales
those works and related ancillary products.
16. As the creator and owner of
owner, Plaintiff is entitled to commercially
and create derivatives of these literary
income from these sources.
17. Defendant, Lucio, however, h
the author of these literary works and audio
interest and right to possess these works
18. Defendant even falsely
copyrighted works, created by Jenni
Enterprises, in a registration of a manuscrip
told to Laura Lucio" with the Writer's
Registry, a true and correct copy is att
incorporated by reference.
19. Moreover, Defendant's exercis^
copyrights in these works is obvious since
wrongful taking and interference" of these vv
20. Defendant has even used these
created by Jenni Rivera and/or owned by
cS
copyrights with respect to any literary
Jenni Rivera and/or Defendant Lucio
sleased a book about the life of Jenni
books through normal retail channels in the
3S intends to use the literary works and
)y Jenni Rivera to release more books
Rivera Enterprises is compensated for the
of H)ooks, tapes and recordings embodying
such property, and as the copyright
distribute, reproduce, publicly perform,
works and audio interviews, and derive
claimed that she, not Mr. Rivera, is
interviews and has claimed a property
listed herself as the author of these
Rivera and/or owned by Jenni Rivera
titled "Jenni Rivera, Mi Vida Loca as
Gulild of America's Intellectual Property
ched as Exhibit "3" and is hereby
of dominion and control of Plaintiffs
Lucio alleges a right to possess and a
orks by Plaintiff.
literary works and audio interviews,
J^nni Rivera Enterprises, to publish her
COMPLAINT
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own book about Jenni Rivera titled "My
my friend Jenni Rivera." By using these
book, Defendant has not only prepared a
copyrighted work, but has also reproduced
to the public. Moreover, Defendant has g
which she has allowed for excerpts of the li
publicly displayed and performed.
21. These acts take place withobt
Plaintiff, who does not receive and is
compensation to which it is entitled pursuant
exercised dominion and control over Plaintiff
brings this action to enjoin Defendant's
possession of the copyrighted materials and
Plaintiffs.
22. Plaintiffs income is deriveld
Recordings and Books which include the
Plaintiff compensated for sales of its Soun|d
and from license fees derived from the
recordings and literary works.
CLAIM FOR
Crazy
Life, Intimate conversations with
copyrighted works to publish her own
derivative work based on Plaintiffs
and distributed the copyrighted works
iven public interviews to the media in
works and audio interviews to be Hierary
Infringement of
(Against Defendant
23. Plaintiff incorporates by
mentioned paragraphs of this Complaint
24. Plaintiff is the copyright owner
with respect to certain copyrighted literary
and/or owned by Jenni Rivera for her autobio
Plaintiff has applied and received a Certificate
the knowledge or permission of
being prevented from receiving the
to its copyrights. Defendant has
s property to benefit her. Plaintiff
iknlawful practices and to recover the
proceeds and damages that is rightfully
from the distribution of Sound
literary works and audio interviews.
Recordings and books to the public
reproduction and distribution of these
RELIEF
Copyrights
Laura Lucio)
the allegations of the above- reference
of exclusive rights under copyright
,vorks and audio interviews created by
iography, (the "Copyrighted Works").
of Copyright Registration from the
COMPLAINT
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United States Register of Copyrights for
currently have physical control of all the
received a Certificate of Copyright Reg
for all said Copyrighted Works,
exclusive right to copy, reproduce, create
audio interviews of the Copyright Works to
25. As described above, Defendan
Rivera is the author of these literary works
property interest and right to possess these
26. Defendant Lucio even falsely
copyrighted works, created by and/or owne|l
manuscript titled "Jenni Rivera, Mi Vida
Writer's Guild of America's Intellectual
27. By exercising dominion
Defendant Lucio is preventing
reproducing, publicly performing, and
and audio interviews, and deriving income f
28. Defendant has used these copyri
by Jenni Rivera, to publish her own book
Life, Intimate conversations with my friend
prepared a derivative work based on
reproduced and distributed the copyrighted
29. Defendant has given public i
allowed excerpts of the literary works
displayed and performed.
30. Accordingly, Defendant has
Plaintiff without authorization.
31. These acts take place
Inquebrantable". Plaintiff does not
and as a result has not applied and
from the Register of Copyrights
limitation, Plaintiff possesses the
derivatives, and distribute copies and
the public, and/or to authorize such.
t Lucio has claimed that she not Jenni
and audio interviews and has claimed a
literary works and audio interviews,
listed herself as the author of these
by Jenni Rivera, in a registration of a
lLoca as told to Laura Lucio" with the
Registry,
control of Plaintiffs copyrights,
from commercially distributing,
g derivatives of these literary works
om these sources.
ghted works, created by and/or owned
about Jenni Rivera titled "My Crazy
Jenni Rivera." Defendant has not only
s copyrighted work, but has also
A|vorks to the public.
to the media in which she has
ind audio interviews to be publicly
works
istration
Withe ut
Property
and
Plaintiff
creann
Plaintiff
exercised multiple exclusive rights of
without the knowledge or permission of
COMPLAlINT
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Plaintiff, who does not receive and is
compensation to which it is entitled pursuant
exercised dominion and control over Plaintiff
brings this action to enjoin Defendant's
possession of the copyrighted materials and
theirs.
32. The above-mentioned acts of
willful, intentional and purposeful in disre
rights of Plaintiff.
33. Plaintiffs conduct, as allege
Plaintiffs copyrights and Plaintiffs exclusive
of Sections 106, 115 and 501 of the Copyright
34. As a direct and proximate
Plaintiffs copyrights and exclusive rights
damages pursuant to 17 U.S.C. 504(b) for
35. Defendant' s conduct, as allege( 1
and restrained by this court, will continue
injury that cannot fully be compensated or
adequate remedy at law. Pursuant to 17
preliminary and permanent injunctions
Plaintiffs copyrights.
PRAYER FO
being prevented from receiving the
to their copyrights. Defendant has
s property to benefit her. Plaintiff
jinlawful practices and to recover the
proceeds and damages that is rightfully
infringement by Defendant have been
gard of, and with indifference to, the
jei above, constitutes infringement of
rights under copyright in violation
Act (17 U.S.C. 106,115,501).
of the infringement by Defendant of
inder copyright, Plaintiff is entitled to
each infringement.
above, is causing and, unless enjoined
:o cause Plaintiff great and irreparable
measured in money. Plaintiff has no
U.S.C. 502, Plaintiff is entitled to
prohibiting further infringement of
result
RELIEF
WHEREFORE, Plaintiff request judgment against Defendant, and each of
them, for:
1. For damages in such amount as
Defendants to account for and pay over to
of copyright infringement; alternatively,
$150,000 with respect to each copyright
may be found, and requiring
Pjlaintiff all profits derived from all acts
statutory damages in the amount of
work involved in the action, for all
for
COMPLAINT
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infringements with respect to the copyrigh
amount as may be proper pursuant to 17 U.
2. A preliminary and a permaneijit
each of them, and their respective agents,
successors, licensees and assigns, and all
with each or any of them, from: (a) directly
any of Plaintiff s respective copyrights
including, without limitation, the literary
and/or owned by Jenni Rivera for the book,
enabling, facilitating or participating in
respective copyrights including, without li
interviews created by and/or owned by Jenn
3. A preliminary and a permaneijit
each of them, and their respective agents,
successors, licensees and assigns, and all
with each or any of them, during the
deliver up for impoundment or destruction
possession, custody or control which were
conduct as alleged above;
4. An order authorizing the
authorized agents, the state and local police
supervision, to seize and impound any and i
drives or software containing or allowing
works and audio interviews in Defendant's
5. Prejudgment interest according
6. Plaintiffs attorney's fees, costs
7. Such other and further relief as
ted work concerned, or for such other
C 504(c).
injunction enjoining Defendant, and
servants, employees, officers, attorneys,
persons acting in concert or participation
or indirectly infringing in any manner
now in existence or later created);
vj'orks and audio interviews created by
and (b) from causing, contributing to,
infringement of any of Plaintiffs
limitation, the literary works and audio
Rivera for the book.
injunction requiring Defendant, and
servants, employees, officers, attorneys,
persons acting in concert or participation
of this litigation and afterwards, to
all instrumentalities or devices in their
used by Defendant in their unlawful
(whether
tie
course
United States Marshal, and or Plaintiffs
md/or any persons working under their
11 computer discs, drives, servers, hard
unlawful access to any of the literary
possession, custody or control;
to law;
and disbursements in this action; and
the court may deem just and proper.
COMPLAINT
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DATED: September 30, 2014
By:
LAW OFFICES LOPEZ &ASSOCIATES
Anthony R.'Lopfez, Attorneys for
Plaintiff Jenni Rivera Enterprises, Inc.,
COMPLAIINT
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DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by juiy
DATED: September 30, 2014
By:
LAW OFFICES
Anthony R/Lopez, Attorneys for
Plaintiff Jenni Rivera Enterprises, Inc.,
COMPLAINT
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SSOCIATES
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EXHIBIT " 1"
COMPLAlINT
9/30/2014
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SearchRequest: LeftAnchored Name = Jenni Rivera Enterprises
Search Results: Displaying 5 of 12 entries
^previous next
Inquebran, able.
Text
TX0007740034 / 2013-08-06
Inquebrantable.
Inquebrantable.
Book.
Jenni Rivera Enterprises, Inc
the Americas, New York, N|Y.
2013
2013-07-02
United States
Jenni Rivera Enterprises, Inc
Spanish language translation.
Unbreakable (English)
Original English text, photos.
Spanish language translation.
Simon & Schuster Permissions
Americas, New York, NY,
9781476750064
Jenni Rivera Enterprises, Inc.
Address: c/o Simon & Schuster, Inc., 1230 Avenue of
, 10020, United States.
, employer for hire; Domicile: United States. Authorship:
Type of Work:
Registration Number / Date:
Application Title:
Title:
Description:
Copyright Claimant:
Date of Creation:
Date of Publication:
Nation of First Publication:
Authorship on Application:
Alternative Title on Application:
Pre-existing Material:
Basis of Claim:
Rights and Permissions:
ISBN:
Names:
Dept, c/o Simon & Schuster, Inc., 1230 Avenue ofthe
0020, United States, (212) 698-7284
^B previous next
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i-3-
1/2
9/30/2014
Type of Work:
cocatalog.loc.gov/:gi-bin/Pwebrecon.cQ
Text
Registration Number / Date:
TX0007740034 / 2013-08-06
Application Title: Inquebrantable.
Title: Inquebrantable.
Description: Book.
Copyright Claimant:
Jenni Rivera Enterprises,
Date of Creation: 2013
Date of Publication:
2013-07-02
Nation of First Publication:
United States
Authorship on Application:
Jenni Rivera Enterprises,
Domicile: United State
translation.
Alternative Title on Application:
Unbreakable (English)
Pre-existing Material:
Original English text, phcfctos.
Basis of Claim: Spanish language translat
Rights and Permissions:
Simon & Schuster Permissi
Inc., 1230 Avenue of t'.
United States, (212) 6
ISBN: 9781476750064
Names: Jenni Rivera Enterprises,
http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi
~{H~
Inc.
Inc., employer for hire;
. Authorship: Spanish language
on.
ns Dept., c/o Simon & Schuster,
e Americas, New York, NY, 10020,
8-7284
Inc.
1/1
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EXHIBIT "2"
COMPLAINT
IS-
This Agreement dated January 1,2006 lietween
"Subject-") and Maizall Media, Inc. (hereinafter rjferred
Laura Lucio (hereinafter referred to as "Writer").
WHEREAS, Subject desires to haveaworl
Life experiences (hereinafter referred toas the
Jenni Rivera (hereinafter referred to as
to as "Lender") for the writing servicesof
writteneoncerningher personal audprofessional
'''); and ^oif
WHEREAS, Subject desires to engage Wr
WHEREAS, Subject and Lender desire to
NOW THEREFORE, in consideration of
parties hereto agree as follows:
iter;
have the Work published;
the mutual covenants hereinafter set forth, the
1,PURPOSE: Subject intends to publish the autobio
Subject is entering into this Agreement with Lerder
services wherein Writer will write the Work, then
2, DEADLINE; Each party shall performits obliga
for the Work is ready for submission to potential <
graphy ofher life (the "Work")- To such end,
ron behalfofWriter's writing and marketing
help Subject secures apublisher for the Work.
ions under this Agreement so that the manuscript
;Kiblishers onor about January 20,2007.
3- TERM: The termof this Agreement shall becc
extensions or renewals ofthe copyright in and to Jhe
extensive with the life ofthe copyright and any
Work.
4, COMPENSATION:. Inconsideration of all the
Subject hereunder and for all the rights granted and
Writer, Subject agrees that Lender shall be entitled
iservices rendered orto be renderedby Writer for
to be grantedto SubjecthereunderbyLender and
tothe following compensation.
(a) Fixed Compensation for Writing: Lender
Fifteen Thousand Dollars $15,000, which shall
commencement of Writer's services; $5,000 on
deliveryofthecompletedWork to Subject. "Deliveky*
has been remitted to Subject and Subject approves
(b> Royalties for Marketing: Lender shall
marketing services equal to Twenty Percent (20%;
disposition ofthe manuscript in any and all medi
to be invested including, but not limited to print p
allied rights, etc. Notwithstanding anything to the
toendorse products, make personal appearances t
Work without restriction and Subject shall have
Subject agrees that she shall not enter into any agreement
it isdone sounder this Agreement.
shall receive fixed compensation equal to
be paid to Lender as follows: $5,000 upon
3r prior to January 1, 2007; and, $5,000 upon
"" shall bedefined herein tomean that theWork
and accepts it.
receive royalties as compensation for Writer's
of all income/monies received fromthe saleor
and territories whether now in existence or yet
' "cation, motionpicture, television, stage and
contrary intheforegoing, Subject shall be free
ai idundertake projects that arenot related to the
financial obligation to Lender in that regard,
' for normake anydisposition Work unless
pi blic
no
Idr
5. ATTRIBUTION OF AUTHORSHIP- Write
following form: "Subject as told to Writer." Writer
of the Work in any and all media and territori
including, but not limited to print publication,
shall receive credit as per industry standard in the
h~r's credit shall appear in any and all exploitations
whether now in existence or yet to be invented
lilm television, stage, and other allied rights.
6. NATURE OF DTITTRS-
(a) Writer's Duties: Writer shall write .
Subject pursuant to the terms ofthis Agreemen
Subject and , if necessary, Subject's family
acquaintances. Writer shall review, if needed
televised/filmed interviews, televised/filmed
recordings, audio-tape, journals, etc. ("reseai
introduce into the Work any extraneous i
express approval. ShouldWriterbe unable tode
Work to Subject because ofSubject's failure to
to terminate this Agreement but may retain
Should Writer deliver amanuscript that is _...
relating to the quality ofWriter's work, Lender
to Lender and upon such repayment, this Agr.
terminated for any of the aforementioned reason
the work that may have been delivered by Writer
Subject shall have the unencumberedrighttoente
will not have the right to exploit the aforem
md deliver acomplete manuscript ofthe Work to
' . In researching the work, Writer shall interview
members, friends, colleagues and professional
relevant source information, i.e., periodicals,
joncert performances, court transcripts, musical
materials"). Writers agrees that she will not
or anecdotes without first obtaining Subject's
iver acomplete and satisfactory manuscript ofthe
cooperate with Writer, Lender shall have the right
' monies already paid to it for Writer's services,
unacceptable to the publisher for any reason directly
shall have the obligation to return any monies paid
cement shall be terminated. If this Agreement is
1s, it is specifically understood that any portion of
r as ofthat date shall remain Lender's property:
into an agreement with another writer, but Lender
' manuscript.
ch
incidents
any
entioned
(b) Subject's Duties: Subject agrees to
herselfavailable to Writer at convenient times
consultations, interviews and conferences. Subj
research materials, where available, and shall
parties that Writer believes are integral to the Woik
releases necessary to facilitate the deposition ofr
tc
e jt i
use
cqoperate with Writer to her best ability by making
supply additional information to Writer and for
agrees that she shall grant Writer access tothe
her best efforts to secure Writer access to the
.. Subject agrees touseher bestefforts secure all
ights to andpublication of the Work.
7- NON-EXCLUSIVE SERVICES' Writershall.
anon-exclusive basis; provided, however, any sen
or corporation, orfor Writer's own account, shall
hereunder.
ender herservices inconnection with the Work on
ices rendered byWriter for any other person, firm
not hamper or interfere with Writer's obligations
8' WARRANTIES &REPRESENTATIONS: All
and Writer shall survivethe termination of this
warranties and representations ofSubject, Lender
jreement
Ag:
(a) Subject: Subject hereby represents, warn
commitments whichwill interfere or conflictwith
research material furnished bySubject shallbeeith
that does not infringe upon or violate any copyrig]
'a its
and agrees that she has no other contractual
he performance ofher obligations hereunder; All
13i- beoriginal with Subj ectorberesearchmaterial
'"lit, proprietary right or the right ofprivacy, or
-IV
constitute a libel or slander against or violate
corporation, andanyadverse claimthattheWork
violates anycommon lawright or any other right o.
material furnished by Subject,, will be defended
harmless Lender andWriter alongwiththen
and against any and all claims, demands,, suits,,
byLender and/or Writer in settlement, but only..
against,.imposedupon, orsufferedbyLender,.Wr.
and assigns, byreason ofthe utilization consistent
Subject.
any common law right of any person, firm or
invades the right ofprivacy or libels,.slanders,.or
'anyperson, firm or corporation byreasonofany
by Subject. Subject will indemnify and hold
s, executors, administrators and assigns, from
:,.costs,, expenses (including any amount paid
sented to by Subject) which may be obtained
and their executors, administrators, successors,
with this Agreement ofany material furnished by
successor
losses.
il consented 1
i:er
(b) Lender: Lender herebyrepresents, warrani s
commitments which will conflict or interfere
hereunder. All material writtenbyWriter
own work or itshall be work that does not infring
orthe right ofprivacyorconstitute alibel orsland
person, firm or corporation, and any adverse
libels, slanders, or violates any common law
corporation by reason ofany material furnished b;
indemnify and hold harmless Subject, her
any and.all claims, demands, suits, losses, costs,
in settlement, but only ifconsented to by Lender)
suffered by Subject, his executors,, aclministr
utilization consistent with this Agreement ofany
and agrees that Lender has noother conh-actual
with Writer's performance of her obligations
excep* Wmaterial furnished by Subject, shall be Writer's
eupon or violate any copyright, proprietary right
Isi- against or violate anycommon lawright ofany
mthat the Work invades the right of privacy or
ght or any other right of any person, firm or
Writer will bedefended by Lender, Lender will
:, executors, administrators and assigns, from
'ixpenses (including any amount paid by Subject
which may be obtained against, imposed upon, or
successors, and assigns,, by reason of the
naterial furnished by Writer,
cla: m
r
succes sors
at >rs,
9, COPYRIGHT: Allcopyrights, renewals, and
inthe Work, shall besecured bySubject and held
and proprietor thereof, together with all
thereof,: and the characters and characterizations
hereafter known. The foregoing shall include a
propertyrights of any kind or natire whatsoever
or made available to, Writer in connection with th
tape recording made pursuant hereto. With 1
directly orindirectly included orincorporatedinth
the sole property of Subject.
extensionsthereof, in andtothematerialcontained
Subject's name.as the soleandexclusive author
literary pisperty and any other rights in the Work, the title
I lerein, inall language,, forms, and media now or
1literary rights, copyrights, and all intangible
any oral orwritten material prepared for or by,
Work and all intangible property rights in any
espectjtoanyoral or written material whichshallnotbe
Work, allrightsin andto such material shall be
n
10. APPROVALS:
(a) Subject's Right ofApproval: Subject shall
text of the Work, including but not limited to,
book jacket and credit. As such, Writer agrees to
suggestions, instructions.additions, and/or changes
-l-
nave the complete right of approval of the final
captions, photographs, index, title, design,.graphics,.
incorporate in the manuscript of the Work all
as Subject and Subject's publisher may request,
(b) Disposition ofRights: Neither ofSubject
of the rights inand to the Work without the written
agreements for the disposition ofany such rights
lor Lender may enter into any agreement for any
consent of the other party. Co-signature of
constitute written agreement by both parties.
j hall
11, EXPENSES: Subject shall pay or reimbm
connection withthe Work, including, but not liiiiited
typing* transcribing and recording tapes, in cojinection
preparation and revision of the Work, Writer
expenses hi theform ofreceipts, invoices and wi
ae all approved expenses incurred by Writer in
"to, transportation, hotels, secretarial help,
with and attributable to the research,
provide Subject with verification of Writer's
ittenbids.
will
12. NON-DISCLOSURE: Writer agrees that she wjill
or thereafter,, use any material or information
whatsoever other than in the preparation ofthe ^
third person, firm or corporation,, or authorize to
any information or personal experience relating
employee ofSubject without Subject's written cor
thetermination of this Agreement.
;to
not, whether during the termofthis Agreement
jrovided to Writer by Subject in any manner
orL Writer further agrees not to disclose to any
hlish or authorize to be caused to be published,
Subject, her family, her principal aides, or any
sent, The provisions of this Clauseshall survive
IS, DEATH OFSUBJECT:. If Subject dies before
apublisher accepts themanuscript ofthe Work:
(a)Subject'sexecutors, administrators orsuch
(hereafter "Representative") shallconfer withLenlder
the Work may becompleted. Ifthe manuscript is
a pointat which it maybe completed,. Lender shall| have
her services in accordance herewith;
other personasSubject shall designate inhis will
todeterminewhether ornotamanuscript for
nthe opinion ofthe Subject's Representative at
Writer shall Writer continue and complete
(b) IfSubject's Representative isofthe opinio
may be completed, Writer shall immediately returli
produced or gathered hereunder; Lender shall rejain
services but shall not be entitled to anyadditional
Work is subsequently published andincludes Writfcr
in full pursuantto this Agreement.
14. DEATH OF WRITER:
i that themanuscript is notat a point at which it
to the Representative all materials of any kind
all funds previously paidto it for Writer's
payment, providedthat if the manuscript ofthe
swork thatLender shall be entitled to bepaid
(a) IfWriter dies priortocompletion ofthe
compensation previously paid toLender less all th
be accompanied by reasonable itemization of
manuscr iript ofthe, Lender shall repay toSubject the
expenses incurredby Writer. Repayment shall
expenses; and
(b) If Writer dies after completion of the
manuscript of the Work, Lender shallhavetheri;
Writer. Ifthe Work is accepted byapublisher hi si
bepaidall the amounts provided for inclauses 4(a)
aheadypaid under those provisions and less any reasonable
services performedthat wouldhave beenperfor
manuscript, but before a publisher accepts the
to retain all compensation previously paid to
bstantially the form leftbyWriter, Lender shall
and4(b). of this Agreement,, less anyamounts
expenses incurredbySubject inhaving
by Writer hereunder had he lived,
ght
rme d
~IV
(c) IfWriter dies before acceptance by Subjefct
over to Subject all material for the Work preparec
be the sole property ofSubject,
and a publisher of the Work, Lender shall turn
by Writer and all rights therein and thereto shall
scr 15. INJUNCTIVE RELIEF: If there is a failure
obligations under this Agreement Writer specifier
Writer by suchbreach is not irreparable or sufficient
relief,. Writer therefore agrees that Writer's right
right, ifany, to obtain damages at law, Consequently,
injunctive relief or to rescind this agreement or
hereunder.
romission by Subject constituting abreach ofits
Ally recognizes and agrees that the damage caused
- tto entitle Writer to injunctive or other equitable
and remedies hereunder shall be limited to the
itly, Writer shall have no right in such event to
wry ofthe rights granted or assigned to Subject
16- INDEPENDENT CONTRACTOR: Writer's
independent contractor and employee ofLender. L
absolute right and authority to enter into this
indemnifySubject and hold Subject harmless froi|
Subject for all connnissions, unemplo^
other withholdings, deductions and payments
relationship to Subject hereunder is that ofan
lender represents and warrants that Lender has the
Agreement on Writer's behalf and Lender shall
any liability, claims and demands made against
iyment anddisabilityinsurance, social security, incometax and
edbyFederal orstate laws tobepaid byWriter.
i reqy .r
17' NOTICES/PAYMENTS: All notices and payi aents required to be given to the Parties shall be
sent to_ them at the addresses mentioned herein below, or such other address as each party
respectively may hereafter designate by notice in writing to the others. All notices sent under this
Agreement shall be in writing,and shall be sent by personal delivery,, registered or certified mail
(retom receipt requested) simultaneous with afacsimile of the same (if the party has supplied a
facsimile phone number). The day ofdelivery shal
the eventfacsimile transmission is unavailable, no ice shall be deemed 3days after mailing (except
notices 'of change of address, the date of which shill be the date of receipt by the receiving party),
Courtesy copies of all notices shall be sent to each T -
bethe dayof confirmed receipt of facsimile. In
("Mist")
Jenni Rivera
Post Office Box 1029
Corona, CA 92880
Fax:
("Manager")
Maizal'l Media, Inc,
9903 Santa Monica Blvd., #335
Beverly Hills, CA 90212
Fax:
18, ARBITRATION; In the event of any disp
whatsoever regarding.this Agreement orarisingin
be resolved according.to the procedures set forth
Party's designated attorney or agent.
("Attorney")
Dinah Perez
Attorney-At-Law
8383 Wilshire Blvd., #510
BeverlyHills, CA90212
Fax: (323)653-6005
Ut3
concerning any claim of any land or nafure
c( imiectionwiththisAgreement, such disputewill
in this paragraph andproceeding thereafter in
-Zo-
accordance with the rules and procedures ofthe
Parties hereby waive any and all rights and benefits
under the laws ofCalifornia to litigate any such
arbitrate,, according, to the provisions hereof,
arbitration proceedings by giving the other
arbitration shall employasingle arbitrator experienced
may order discovery, TheAAA arbitrators' award
the award may be enforced by any court of
entitled to reimbursement for out-of-pocket
Notwithstanding.the foregoing,.Artist herebyreser
ofthe State ofCdiforaia any disputes or claims hereunder
such Labor Commissioner,
Ameri
rican Arbitration Association ("AAA"), The
which it mayotherwise haveor be entitled to
dispute incourt, it being the intention ofboth to
" such disputes. Either party may commence
notice as perParagraph 17 above, The AAA
' in the entertainment and music industrywho
shall be final and binding and ajudgment upon
competent jurisdiction. The prevailing, party shall he
and reasonable outside attorneys' fees,
' 'es therighttosubmittotheLaborCommissioner
thatfall within thelawful jurisdictionof
all
'written
19. PARTNERSHIP: It is expressly understood that the parties do not, by this Agreement, intend
to form, nor shall this Agreement be construed to constitute, apartnership between them.
20, ASSIGNMENT: This Agreement shall be
hereto, their respective heirs,, successors,
however, that all rights, duties and obligations ofthje pai
except that Lender shall beentitled to assign theproceeds
binding
upon and inure to the benefit ofthe parties
ators and assigns, it being, acknowledged,,
irties hereto are personal and non-assignable,
payable to it.
adrninistr
21. GOVERNING LAW: ThisAgreement shall be
and shall be construed in- accordance with the law:i
22. HEADINGS: Theheadings of theclauses of ujus
only, are not part of this Agreement andare not to
theterms, hereo
deemedto he executedin the Stateof California
of saidstate.
Agreement are included for ease of reference
3e used intheconstruction andinterpretation of
23, ENTIRE AGREEMENT; This instrument set
with respect to the subject matter hereof and no
discharge ofany provision hereof shall bebindin;
instrument executed by theparties.
3forth theentire agreement between the parties
modification,.amendment,, waiver, termination or
gt ipon theparties unless conLendered byawritten
(Signatures onFollowing Page)
21
Executed as ofthe date first above written at Conjua, California,
ACCEPTED & AGREED^
("Artist")
1 t
Very frulyyours,
AGRBEQTO
date ye^*..* iQ; 0 7
- XX"
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT "3"
COMPLAINT
Writers Guild of America West Script Registj - WGAW Registry
W G A W E & T
REGISTRY
ratsfi"";'""' ##* FcSfe
lease Pri ins m For Your Records
Hiirma^so-B
Please print trite para \e for jroar recwcte.
Registration; Ninmlbrer : 127145
1/15/13 1:341
Thank you for your registration. Your material has
Property Registry. Registrations! are" validtor &term of
remember that changes cannot be made once material
online
been successfully registered with the WGAIntellectual
|W3 years and can be renewed upon expiration. Roase"
been registered with the WGAW intellectual Property
Service.
has
Ftegtetntion
Should you have any questions regarding your online
your written request to the intellectual
r ngistraiion, please mail or fax yourphotoID along with
Property Registry at (323) 782-4803.
Wegreatly appreciate your business andwould like you:
suggesttons' abqrjt
Feedback. Click here to let us know yourthoughts and
at our s'ervtea;
Re^'tSfeSt'ecr KSif IrtfafifMttdirsi
Material Type: B'O
intended" Medium:' Unspecified'
item Title : JENNI RIVERA "i
Filename: Jenni'Rivera-201
Submission Date : 1/;I5/2013 1:31:5^
Mi Vida Loca" as toJd to Laura Lucio
i.docx
PM
RsgiStrafif/AutHa
Registrant ID :
Registrant Last Namfe
Registrant First Nam =
Registrant Middle Name
Credit" CSWfffirtS
littps;//www.wgawregiiitfi'.org/vi'ebrss/eonfirmatlan.asp?PtD-A50AS110A2A32C0e
~in
mammon:
460195477
Lucio"
LaufentKia
0o
Page 1 of 2
-< OftlGINi
/on|ted states district court, cej> TRAL DISTRICT C)F CALIFORNIA
\S I \ 1 KJ [ I M> y i^ CIV1L COVER
SHEET
I (a) PLAINTIFFS (Check box if you are representing yourself ) DI FENDANTS
JENNIE RIVERA ENTERPRISES INC LAURA LUCIO
(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing At orneys (If Known)
yourself, provide same.)
WALTER F WIGGINS, JR.
ANTHONY R. LOPEZ, LAW OFFICES LOPEZ & ASSOCIATES
LAW OFFICE OF WALTER F. WIGGINS, JR.
9025 Wilshire Blvd., Suite 500, Beverly Hills, CA 90211
5109 Topanga Canyon Blvd., Woodland Hills, California 91362
(310)276-4700
II. BASIS OF JURISDICTION (Place an X in one box only.) III. CITIZENSH1 P OF PRINCIPAL PARTIES - For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant.)
1U.S. Government Plaintiff gf3 Federal Question (U.S. PTF DEF PTF DEF
e HI DI Incorporated or Principal Place 4 4 Government Not a Party) Citizen of This Stai
of Business in this State
2 U.S. Government Defendant 4 Diversity (Indicate Citizenship Citizen of Another State 2 2 Incorporated and Principal Place 5 H 5
of Parties in Item III) of Business in Another State
Citizen or Subject <fa Foreign Country D3 D3 Foreign Nation D6 D6
IV. ORIGIN (Place an X in one box only.)
Ml Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferredfromanother district (specify): 6 Multi- D 7 Appeal to District
Proceeding State Court Appellate Court Reopened District Judge from
Litigation Magistrate Judge
V. REQUESTED IN COMPLAINT: JURY DEMAND: ^Yes No (Check Yes' oi ly if demanded in complaint.)
CLASS ACTION under F.R.C.P. 23: Yes |/no DMONEY DEMANDED IN COMPLAINT: $
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
17 U.S.C. 101, 28 U.S.C. 1331 and 1338 (a) and (b) - Copyright Infringement
VII. NATURE OF SUIT (Place an X in one box only.)
OTHER STATUTES CONTRACT TORTS TORTS PRISONER LABOR
400 State Reapportionment n 110 Insurance PERSONAL INJURY PERSONAL PETITIONS 710 Fair Labor Standards
D410 Antitrust 120 Marine D310 Airplane
PROPERTY D510 Motions to Act
430 Banks and Banking D 130 Miller Act
315 Airplane Product
D370 Other Fraud Vacate Sentence 720 Labor/Mgmt.
D450 Commerce/ICC 140 Negotiable Instrument
Liability
371 Truth in Lending Habeas Corpus Relations
Rates/etc. 150 Recovery of
320 Assault, Libel &
D380 Other Personal D530 General 730 Labor/Mgmt.
460 Deportation Overpayment &
Slander
Property Damage D535 Death Penalty Reporting &
470 Racketeer Influenced Enforcement of
330 Fed. Employers'
385 Property Damage 540 Mandamus/ Disclosure Act
and Corrupt Judgment
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
Product Liability Other 740 Railway Labor Act
Organizations 151 Medicare Act BANKRUPTCY 550 Civil Rights 790 Other Labor
D480 Consumer Credit 152 Recovery of Defaulted 422 Appeal 28 USC 555 Prison Condition Litigation
490 Cable/Sat TV Student Loan (Excl. 158 FORFEITURE/ 791 Empl. Ret. Inc.
D810 Selective Service Veterans)
355 Motor Vehicle
D423 Withdrawals PENALTY Security Act
850 Securities/Commodities/ 153 Recovery of
Product Liability
D360 Other Personal
USC 157 610 Agriculture PROPERTY RIGHTS
a 820 Copyrights Exchange Overpayment of CIVIL RIGHTS 620 Other Food &
D875 Customer Challenge 12 Veteran's Benefits
Injury
441 Voting Drug 830 Patent
USC 3410 160 Stockholders' Suits
362 Personal Injury-
442 Employment 625 Drug Related 840 Trademark
D 890 Other Statutory Actions 190 Other Contract
Med Malpractice
443 Housing/Acco Seizure of SOCIAL SECURITY
D891 Agricultural Act 195 Contract Product
D 365 Personal Injury-
mmodations Property 21 USC 861 HIA(1395ff)
892 Economic Stabilization Liability Product Liability D 444 Welfare 881 862 Black Lung (923)
Act 196 Franchise 368 Asbestos Personal 445 American with 630 Liquor Laws 863 DIWC/DIWW
893 Environmental Matters REAL PROPERTY Injury Product Disabilities - 640 R.R.& Truck (405(g))
894 Energy Allocation Act 210 Land Condemnation Liability Employment 650 Airline Regs 864 SSID Title XVI
D 895 Freedom of Info. Act 220 Foreclosure ifpMMjSRAtJpt. ;.:,:;;:::: 446 American with 660 Occupational 865 RSI (405(g))
900 Appeal of Fee Determi 230 Rent Lease & Ejectment
462 Naturalization
Disabilities - Safety /Health FEDERAL TAX SUITS
nation Under Equal 240 Torts to Land
Application
Other 690 Other 870 Taxes (U.S. Plaintiff
Access to Justice 245 Tort Product Liability
463 Habeas Corpus-
D440 Other Civil or Defendant)
D950 Constitutionality of 290 All Other Real Property
Alien Detainee
Rights 871 IRS-Third Party 26
State Statutes
465 Other Immigration
Actions
USC 7609
FOR OFFICE USE ONLY:
AFTERC
Case Number: CV14-05562GW(AGRx)
CV14-7aiai
ELOW. OMPLETING THE FRONT SIDE OF FORM CV-71, CC
**~ / U Ifl. '
MPLETE THE INFORMATION REQUESTED B
CV-71 (05/08) CIVIL cover: SHEET Page 1 of2
UNITED STATES DISTRICT COURT,
CIVIL COVEfcSHEET
CENTRAL DISTRICT OF CALIFORNIA
VHI(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed'' No SfVes
Ifyes, list case number(s): CV14-055fi?GWr APp^) " u m MYes
VHI(b). RELATED CASES: Have any cases been previously filed in this court that;
Ifyes, list case number(s):
arertlated tothe present case? [^No Yes
Civil cases are deemed related ifapreviously filed case and the present case:
(Check all boxes that apply) A. Arise from the same or closely related transactions
B. Call for determination ofthe same orsubstantially related
C. For other reasons would entail substantial duplication o
D. Involve the same patent, trademark orcopyright, and on
happenings, orevents; or
or similarquestions of lawandfact; or
labor if heard bydifferent judges; or
:ofthe factors identified above ina,borcalso ispresent.
IX. VENUE: (When completing the following information, use an additional sheet if
(a) List the County in this District; California County outside ofthis District; State ifother
3Check here ifthe government, its agencies oremployees isanamed plaintiff. Ifthis bo;
necessary.)
han California; orForeign Country, in which EACH named plaintiffresides
ischecked, go to item (b).
County in this District:'
LOS ANGELES
Calif( rnia County outside of this District; State, ifother than California; or Foreign Country
(b) List the County in this District; California County outside ofthis District; State ifother
D Check here ifthe government, its agencies oremployees is anamed defendant. Ifthis
tlanCalifornia; orForeign Country, inwhich EACH named defendant resides,
bqix is checked, go to item(c).
County in this District:*
LOS ANGELES
Califo "nia County outside ofthis District; State, ifother than California; or Foreign Country
(c) List the County in this District; California County outside ofthis District; State ifother
Note: Inland condemnation cases, use thelocation ofthetractofland involved.
t lanCalifornia; or Foreign Country, inwhich EACH claim arose.
County in this District:*
LOS ANGELES
lia County outside ofthis District; State, ifother than California; or Foreign Country
*Los Angeles, Orange, San Bernardino, Riverside, Ventura,
Note: In landcondemnation cases, use the locationof the tract
X. SIGNATURE OFATTORNEY(OR PROPER)
Notice to Counsel/Parties: The CV-71 (JS-44) tMr^ove/ShefcUurfl the information ct
orother papers asrequired by law. This form, approved by the Judicial Conference ofthe
but is used by the Clerk ofthe Court for the purpose ofstatistics, venue and initiating the
Date September 30, 2014
mtained herein neither replace nor supplement the filing and service ofpleadings
Ljnited States in September 1974, is required pursuant to Local Rule 3-1 is not filed
"docket sheet. (For more detailed instructions, see separate instructions sheet.)
c vil
Key toStatistical codes relating toSocial Security Cases:
Nature ofSuit Code Abbreviation Substantive Statement ofCause olf Action
HIA
862
BL
863
DIWC
863
DIWW
864
SSID
865
RSI
CV-71 (05/08)
All claims for healthinsurance benefits
Also, include claims byhospitals, s
program. (42 U.S.C. 1935FF(b))
(Medicare) under Title 18, Part A, ofthe Social Security Act, asamended,
cilled nursing facilities, etc., for certification asproviders ofservices under the
All claims for "Black Lung" benefits
(30 U.S.C. 923)
under Title 4, Part B, ofthe Federal Coal Mine Health and Safety Act of1969.
All claims filed by insured workers
amended; plus all claims filed for
lor disability insurance benefits under Title 2ofthe Social Security Act,
:,J'sinsurance benefits based on disability. (42 U.S.C. 405(g))
cl ild
All claims filed for widows or widolvers
Act,as amended. (42 U.S.C. 405(g )
Allclaims forsupplemental security
Act, as amended.
All claims for retirement (oldage) afid
U.S.C.(g))
insurance benefits based on disability under Title 2ofthe Social Security
come payments based upon disability filed under Title 16 ofthe Social Security
survivors benefits under Title 2ofthe Social Security Act, as amended. (42
CIVIL COVER SHEET
Page 2 of 2