SUM-100 sum” ‘NS ‘FOR COURT USE ONLY (CITACION JUDICIAL) fpocoranausoceta corre, NOTICE TO DEFENDANT: CONFORMED cop" (ARR EAeREM ENA eater, Supe RIGINAL FILED lngiidaly and dba TREVOR'S HAPPY HOUR tor Court af Calitorpa UEC 0 8 2016 ‘and GARNER FAMILY TRUST, THE GARNER FAMILY TRUST, a femiy ust nd DOES 1-10, ncusve YOU ARE BEING SUED BY PLAINTIFF: (.0 ESTA DEMANDANDO EL. DEMANDANTE): Sel: coves ¢ fom Leykis. herr H. Carter, Executive Olticed Clerk By: Judi Lara. pus NOTICE! You have bown aud. The cour may ese agains yeu witout your babs head urls you vepond win 0 days, Read te infomation teow "Youhave 30 CALENDAR DAYS afters summans an aga apes ae served on yout fle a wien response ails court and have a copy secede plat Aare phon cal wil ot protest you, Yur wn response rust bein pepe legal fom yu Wet he coun thea YOu ane, Thre may be a cout orn tat you can ue or yer response. 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Es ecomendae que Kao @ abogeee nedatamans Sino crave a un abogad, puede amar an sve de remian a abogads. no puede pagar a un abogodo, 2s posbl ue cura con os requis pare cblener servis ages rates de tn programa do srvios ogo sh ies dora Puede encanta estos grupos st nes de ir en esto web de Calf Logal Services, {ina ttpeaitoria.o),en el Coto de Ayu de bs Cotes de Cafe, (we sual ca) 0 peniéndase an contacto can fa cate oe lego de abogads oceles AVISO: Pony, acre Fen drecha 8 roca ascites os casos ents ar ment ut Gravamen sobre ‘ualurrecaperacn de $10,000 6 msde vat rece mediete un acuerdo o una caneastn do arte on un ca de derecho Gl Tene ave (oer et ravamen dels cate ones de qu a code pueda desechar a asa. ‘The name and address of he court camaro © 43 046 ft nombre y deceit dala coo 2) uperior Gourt of California THPNo HIT St Los Angeles, CA 90012 ‘The name, address, and telephone numberof plainti's attorney. or plaintif without an attorney. is (Elnora drocln yl numare gettin del abegedo dol domandana a del demardarte aus ng done abogado, eo) Adam Michael Sadks SBN 227408, Paw Gtfices of Adam Michael Sacks 44401 Sylvan St, Ste 227 618) 2538785 Van Nuys, CA 31401 . eo pare: DEC 9 8 2015 sycrnt A CARTER ct, by yuo" Doputy (Fecha) {Sserete) rt {For proof of serve of ts summons, ase Proot of Senvoaof Summans (lorm POS-OT] (Para prueba de entrega de esta ofacién use el formularo Proot of Service of Summons, (POS-070)), ‘NOTICE TO THE PERSON SERVED: You are served 4. [as an individual defendant 2 RSC oe tne ine cucu arn pec: 3. CA on behalf of (speci): Under: ‘CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) GCP 416.70 (conservates) CCP 416.40 (association oF partnership) (GCP 416.90 (autherized person) other (speci) 4, (Ch by personal dtvry on at: “SUMMONS Taacaraan ae Leykis10 a 12 14 1s 16 17 18 CONFORMED GoPY Adam Michael Sacks, Esq. SBN 227408 ORIGINAL FILED LAW OFFICE OF ADAM MICHAEL SACKS Superior Court al Galtarn 14401 Sylvan St., Ste 227 . id Van Nuys, CA 91401 QEC 08 7016 818-253-6795 Attorney for Plaintiff Sherei R. Cartor, Executive Otice ‘Tom Leykis By: Judi Lara, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES 6 TOM LEYKIS ) CASENO. ___ Bb 450 46 ) Plaintiff, ) COMPLAINT FOR DAMAGES FOR: v. } 1. Copyright Infringement ) 2. Contributory Copyright Infringement ‘TREVOR GARNER, SARAH GARNER,) 3. Vicarious Copyright Infringement individually and dba TREVOR'S HAPPY") 4. Misappropriation -Right of Publicity HOUR and GARNER FAMILY TRUST, ) 5, __ Invasion of Privacy THE GARNER FAMILY TRUST, a family ) 6, Intentional Infliction of Emotional trast and DOES 1-10, Inclusive, ) Distress } 7. Invasion of Privacy - Misappropriation Defends ) of Name and Likeness } 8. Negligent Infliction of Emotional Distress Unfair Competition 10, Intentional Interference With Business Advantage 11, Negligent Interference With Business Advantage 12, Bus. & Prof. C. §§17200 and 17500 13. Defamation - Libel Per Se 14. Defamation - Commercial Disparagement COMES NOW Plaintiff Tom Leykis (hereinafter “Plaintif?” + and alleges claims for relief against Defendants TREVOR GARNER, SARAH GARNER, individually and dba TREVOR'S HAPPY HOUR and GARNER FAMILY TRUST, and, THE GARNER FAMILY TRUST, family trust (hereinafter “Defendants”), individually and DOES 1-10, Inclusive, and each of them as follows: INTRODUCTORY ALLEGATIONS 1, Defendants TREVOR GARNER and SARAH GARNER are individuals residing in or doing, COMPLAINT FOR DAMAGES Clerk10 ul 12 13 14 15 16 18 19 20 21 25 26 27 28 business in California, Defendants operate a commercial business known as Trevor’s Happy Hour from their home at 668 Brunswick Avenue, Placentia, California, County of Los Angeles. Their home is either co-owned by the defendants or Defendant GARNER FAMILY TRUST with co defendants Trevor and Sarah as the Trustees and Beneficiaries to Defendant GARNER FAMILY TRUST. 2. Defendants Does 1 through 10, Inclusive, are being sued under such fictitious names herein, Plaintiff is ignorant of the true names or identities of Does 1 through 10, but Plaintiff is informed and believes and based upon such information and belief alleges that Does 1 through 10 did or may have participated in or otherwise be liable for the acts, transactions and occurrences alleged herein. When the identities and participation of said Defendants have been ascertained, Plaintiff will seek leave of the Court to amend this Complaint to set forth their true names and such further allegations as may be proper. 3. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned each of the defendants was the agent and employee of each of the remaining Co-Defendants and in doing the things herein alleged was acting in the scope of such agency and with the permission and consent of all Co- Defendants. 4, The Court has personal jurisdiction over all Defendants. Defendants live in the County of Los Angeles, All Co-Defendants solicit, transact, and are doing business within the State of California. Plaintiff's claims arise out of the conduct that gives rise to personal jurisdiction over Defendants for acts committed from January 1, 2015 up to and including the present. 5. This is an action by Plaintiff to recover damages arising from infringement of Plaintiff's copyrights in its creative works by Defendants TREVOR GARNER, SARA GARNER and DOES 1-10, whose names have not yet been determined, and to enjoin Defendants from future infringement A. THE PLAINTIFF 6 PLAINTIFF a world famous internationally known radio personality -broadcaster. He has over a thirty year career as a “talk show” host of popular topic discussions and live listener call-ins. Plaintiff's career has been built on many years of broadcasting on AM and FM radio heard world wide through COMPLAINT FOR DAMAGES10 4 13 14 15 16 18 19 20 21 22 23 24 syndication by the largest radio networks in the United States. In addition to his fame as a radio broadcaster, Plaintiff is also a well known personality internationally having frequently appeared on local ‘and world-wide broadcasted television shows, local and worldwide broadcasted radio shows, local and world wide internet broadcasted television and radio shows, 7. Plaintiff sells merchandise containing his likeness (shirts, photos, posters, recorded content) to his listeners and the public at large. Plaintiff's likeness, merchandise and broadcast shows at issue herein, are all owned by Plaintiff through copyrights and trademarks held by and owned exclusively by Plaintiff. Plaintiff solicits advertisers. He and his staff then produce and broadcast commercials for the paid advertisers on Plaintiff's show(s). 8. Plaintiff regularly organizes and personally appears at fan appreciation day/evening events at Dodger Stadium and other well known venues throughout Southern California, At these events Plaintiff's fans of many years have an opportunity to meet Plaintiff in person. B. PLAINTIFFS’ COMMERCIAL BUSINESS 9. Presently Plaintiff operates a commercial business known as The Tom Leykis Show which is a radio show hosted by Plaintiff. It is broadcast on the world wide web. It is recorded live daily, and each show is rebroadcast for twenty four hours seven days a week. ‘The show offers its listeners a paid subscription which enables the subscribers to access on the internet all of the shows" previous broadcasts for private listening in their home(s). ‘The subscriptions also allow the subscribers to access merchandise and special offers not available to the general public 10. Plaintiff's business is located in a Burbank commercial building. The facility contains Plaintiff's state of the art broadcast studio and offices custom designed and constructed by Plaintiff for the operation of his business, C. PLAINTIFF'S WINE 11. Inaddition to hosting a talk show of popular topics, Plaintiff is a noted wine connoisseur and for ‘many years hosted a radio show dealing with the subject of wine (types of wine, manufacturing, price, COMPLAINT FOR DAMAGES10 aL 12 13 14 15 16 7 18 1s 20 22 23 24 25 26 27 28 value, characteristics, wine regions, history). As an extension of the popularity of this show, Plaintiff produces and sells his own brand of wine known as “Pedal to the Medal”. Plaintiff has spent thousands of dollars in the development, manufacturing and marketing of the wine. D. THE DEFENDANTS 12, Defendants and each of them own and operate a commercial internet radio station from their home (sometimes referred to as a “podcast”). It is from here they produce and broadcast Trevor's Happy Hour, hosted by Defendant Trevor and Defendant Sarah. Defendant Trevor and Defendant Sarah employ various personnel as engineers and hosts of their own shows but all operate out of Defendant Trevor and Defendant Sarah's home on their broadcasting equipment with their full knowledge and consent. Defendants maintain a web site to publish the dates and topic of their shows. Their web site also publishes the names of their advertisers and solicits advertising for their show and website(s). ‘They maintain a Facebook and web site page to do the same advertising and republishing of their show dates and topics. Defendants hold themselves to be experienced radio broadcasters and active competitors of Plaintiff . They operate their internet radio show for profit. Defendant ‘Trevor previously operated a radio show on an ‘AM radio station known as KCAA-AM in San Bernardino, until Defendant was terminated for non- payment of his air time to the station owners, While Defendant Trevor operated his show at KCAA-AM, that station was sued for copyright infringement and settled. Notwithstanding knowledge of this event, while in residence with his prior station, Defendant Trevor and his co-defendants continue to operate in blatant violation of copyright laws for the very acts his prior station was sued. 1, DEFENDANTS’ COMMERCIAL ENTERPRISE FOR PROFIT 13. As proof of Defendants’ commercial enterprise for profit attached hereto are true and correct copies of defendants’ website and Facebook advertisements which depict solicitation(s) to advertise on ‘Trevor's Happy Hour.' Exhibit “A” states: “Advertise on Trevor’s Happy Hour for ONLY $50 a week and he will get you results with Radio & Print Media email: tgarnerkeaa@aol.com 714-986-4346", Alll exhibits are incorporated by this reference as though fully set forth herein A. COMPLAINT FOR DAMAGES18 19 20 21 22 23 24 14. Attached hereto as Exhibit “B” is a true and correct copy of Defendants’ Facebook-website, Under the heading About it states: “Affiliation - Sales Manager/Talk Show Host- About - Advertise on ‘Trevor's Happy Hour for ONLY $50 a week and he will get you results with Radio & Print Media email: tgarmerkeaa@aol.com” 15. Attached hereto as Exhibit “C” is a true and correct copy of Defendant's Facebook -website ‘wherein Defendant Trevor appears in an advertisement in a black hat stating” INC Surplus 70% off retail” 16. Attached hereto as Exhibit “D” is a true and correct copy of Defendant’s Facebook -website Wherein Defendant Trevor appears and states: “Call in LIVE 714 798-9806 plus our sponsor Today's Steals and Deals INC. 17, Attached hereto as Exhibit “E” is a true and correct copy of Defendant's Facebook -website dated November 12 wherein Defendant Trevor appears and states: “Sponsored by Today's Steals and Deals, INC, EVERYONE GO BUY SOMETHING!” 18, Attached hereto as Exhibit “F” is a true and correct copy of Defendant’s Facebook -website dated November 1 wherein Defendant Trevor appears and states: “our new sponsor..TODAY'S STEALS AND DEALS”. 19, Attached hereto as Exhibit “G” is a true and correct copy of Defendant’s Facebook -website dated October 30 wherein Defendant Trevor appears and states: “IF you want to meet women like this... CALL MEL! They are all in the Phenix Hair Salon Studio with Peggy (our NEW SPONSOR) 20, Attached hereto as Exhibit “H” is a true and correct copy of Defendant's Facebook -website dated October 26 wherein Defendant Trevor appears and states: “If you want to meet women lke this..CALL, ME!! They are all in the Phenix Salon Studios...Hair Salon Studio (my new SPONSOR!). 21. ‘The lower caption dated October 24 states: “Trevor's Happy Hour has a new YouTube ‘Channel... Sponsored by Porkey’s Pizza...” 22. Attached hereto as Exhibit “I” is a true and correct copy of Defendant’s Facebook -website dated COMPLAINT FOR DAMAGES20 qi 12 13 14 1s 16 47 18 19 20 21 22 23 September 26 wherein Defendant Trevor appears and states: “.. SPONSORED BY PLEXUS EDGE...” 23. Attached hereto as Exhibit “J” is a true and correct copy of Defendant's Facebook -website dated August 15 wherein Defendant Trevor appears and states: “...for JUST $20 per month we will promote your business or any other event...” 24, Attached hereto as Exhibit “K” is a true and correct copy of Defendant's Facebook -website dated February 15 wherein Defendant Trevor appears and states; “....And Thank you to Carl at The Nickel Shopper”. 25. Attached hereto as Exhibit “L” isa true and correct copy of Defendant's Facebook -website dated January 25 wherein Defendant Trevor appears and states: “...Go to the Nickel Shopper and get a 50% discount on advertising...” 26. Attached hereto as Exhibit “M"” is a true and correct copy of Defendant's Facebook -website dated wherein Defendant Trevor appears and states: “our NEW sponsor for Friday’s show..Larry at STACKED BMX BIKE SHOP in RIVERSIDE, CA. Give them a call 27. Exhibits A through M firmly establish that Defendants are operating a commercial business and are soliciting money during their operation. Defendants’ operation of a commercial enterprise adverse to Plaintiff fulfills in part the prima facia elements for Copyright Infringement, Defendants are operating for profit and using (broadcasting/publishing) Plaintiff's pirated copyrighted content to make that profit for themselves. Plaintiff is famous and Defendants are using his fame to “bait” advertisers to pay them money. Defendants have made Plaintiff the “star” of their shows in his absence. The prior notice of their shows using Plaintiff as the subject topic, is done to attract listeners. Listen into our shows and you will hear Tom Leykis, However, the Tom Leykis they hear, is a stolen recording copied and rebroadcasted giving rise to Plaintiff's damages. E. COPYRIGHT INFRINGEMENT BY DEFENDANTS AND THEIR AGENTS 28. From 2015 through the present, Defendants reproduced, distributed and publicly displayed, through several Internet piracy web blogs certain Plaintiff owned photographs and audiovisual works for COMPLAINT FOR DAMAGES10 12 13 14 15 16 17 22 23 24 26 27 28 personal financial gain without Plaintifi’s consent. Defendants acts were facilitated through Facebook, ‘YouTube, Trevorshappyhour.com web site, and private access only websites used by of operated by Defendants 29. Plaintiff is informed and believes, and based thereon alleges, Defendants and their agents operate a piracy ring through which defendants engage in the large scale reproduction, distribution and public display of copyrighted works including works owned by and registered to Plaintiff. 30. Defendants are one of a growing number of individuals who maintain Internet-based piracy web blogs which are designed and operated for the sole purpose of distributing pirated versions of audio visual ‘works, including audio visual works belonging to Plaintiff. 31. From 2015 to the present, Defendants without permission or licensing agreement are copying and replaying Plaintiff's entire shows and extended portions of Plaintiff's shows on Defendants’ broadcasts. Since Defendants post their shows on the intemet for further copying and distribution by the world, Plaintiff's copyrighted content is being copied and redistributed by anyone who has a computer and has accessed Defendants’ pirate web sites and blogs. A review of Defendants” broadcasts and websites reveal that Defendants’ regular pattern and practice of ilegal piracy is to steal copyrighted content from ‘numerous third parties and replay same on their broadcasts to advance Defendants’ themselves for profit and promote their advertisers, hence a commercial purpose 1, STOLEN CONTENT POSTED BY DEFENDANTS 24 HOURS A DAY 32. A review of shows that Defendants leave posted on the internet 24 hours a day, reveals without limitation their unauthorized copying of copyrighted content audio and video and re-broadcasting of Plaintiff's shows, network television shows, cable television shows, motion pictures, recorded musie from all music labels, Major League Baseball by “miking” a television and broadcasting the show that is being televised at that moment, publishing photographs of Plaintiff on Defendants’ multiple web sites, to promote the finances of Defendants all without a license, agreement, permission to use, or notification to the holder of the copy righted works. Defendants have no agreements for rebroadcasting copyrighted 7 COMPLAINT FOR DAMAGES10 rr 12 13 14 15 16 47 18 19 23 24 25 27 28 audio or visual with Plaintiff, ASCAP, BMI, numerous record labels and publishers holding copyrights to all the copyrighted content broadcast by Defendants. Said copyright holders are owed royalties for Defendants piracy and unauthorized broadcasting of works protected by copyrights. 33, Attached hereto as Exhibit “N” is a true and correct copy of Defendant's Facebook -website wherein Defendants publish Plaintiff's copyrighted photograph (top middle) next to two scantily clad women one who is getting spanked to promote Defendants financial standing at Plaintiff's expense and to cause Plaintiff embarrassment. 34, Attached hereto as Exhibit “O” is a true and correct copy of Defendant's Facebook -website dated October 28 wherein Defendants again publish Plaintiff's copyrighted photograph and likeness without his consent or knowledge. Plaintf?’s likeness is being used to promote Defendants financial stance at Pha iff's expense, Defendants again pose Plaintiff underneath a woman getting spanked. 2, DEFENDANTS’ PROCESS 35. Technological advances have made it increasingly possible to transfer large amounts of data, including digital video files, by and through the Internet. As Congress and the courts clarify the law and close legal loopholes in order to hold infringers liable for their actions, would-be infringers develop new and often increasingly complex means of engaging in piracy, hoping that the complexity of their systems Will help them avoid detection, identification and prosecution, Defendants’ operation represents one of the latest incarnations of on-line digital piracy. 36. Inorder to facilitate the efficient transfer of unauthorized copies of audio visual files, Defendants first obtain a copy of the audio visual works and employs specialized technology to strip any protective measures from the work in order that the di I files can be reproduced, transferred and viewed without limitation. This process is commonly referred to as “ripping” which is simply copying. 37. Inorder to distribute the newly ripped pirated versions of the works, Defendants must place the files on storage devices that are accessible to others. Maintaining the digital files on a personal computer is, not a satisfactory means for distribution because only a large capacity computer system could COMPLAINT FOR DAMAGES12 13 14 1s 16 17 18 19 simultaneously transfer multiple copies of numerous audiovisual works at an acceptable transfer rate. Moreover, if Defendants maintained the files on his own computer his infringing activities would be more readily detectable. 38. Therefore, after making illegal rips of Plaintiff's copyrighted audiovisual works, Defendants placed the unauthorized copies with one of many commercial enterprises offering free computer server space for hosting digital files. Defendants place the unauthorized copies they create on servers and make them available to anyone on the internet in the entire world. Having placed Plaintif’s copyrighted content on their servers or any host server, Defendants completed the piracy of Plaintiff's intellectual property works. 3. MULTIPLE PUBLISHINGS FACILITATED BY DEFENDANTS 39. Defendants inter nally provided links and access to the public so they can locate the infringing files on Defendants’ servers and download the files to their personal computers for unlimited viewing and further distribution to Plaintiff's detriment. Many files stolen from Plaintiff, were content paid for and ‘made exclusively available to Plaintiff"s paid subscribers. Defendants therefore pirated content that Plaintiff's subscribers paid for, stole it for free, reproduced it and made it available to the public for free to promote Defendants’ show and their paid advertisers. 40. Inorder to distribute Plaintiff's pirated content to as many people as possible, as efficiently as possible, Defendants have created and operate various online piracy web blogs. By and through these web blogs, Defendants publish Plaintiff's pictures and dest ns of the pirated audiovisual works with directives to go to YouTube, Facebook, trevorshappyhour.com web site or numerous other private ‘web sites and chat rooms where defendants store the pirated content for uploading by the public. 41. Defendants provide new descriptions, pictures and links to infringing files on a daily basis. Users visiting Defendants’ piracy web blogs can simply click on the links listed thereon and those users are directed to the location where they can download Plaintiff's digital audio/video files they wish to view and keep on their computers for free. ‘Those users can in turn forward the s ime pirated files to anyone in the World through the Internet, all at Plaintiff's expense and injury, without his knowledge or consent. COMPLAINT FOR DAMAGES.12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F, ILLEGAL WIRETAPPING OF TELEPHONE CALLS - REPLAYED ON DEFENDANTS? SHOW 42. Defendants use Plaintiff's copyrighted likeness and content to promote their own show without his knowledge or consent. During the month of October, 2016, Defendant published that they were going to secretly record phone calls made to Plaintiff without his knowledge or consent. Exhibit “O"! published October 28, 2016 states: “Round 1 of Friday’s LYLE and TOM LEYKIS extravaganza begins at 3 PM..show #2 LEYKIS....begins at 7 PM PST...” 43. Defendants’ announcement to the world that they were going to secretly tape - wire tap phone calls made to Plaintiff, was followed up by Defendants posting an Internet confirmation of Defendants’ Program Schedule to attract listeners, Attached hereto as Exhibit “P” is a true and correct copy of Defendants’ publishing which reflects at November 6, 2016, “Trevor calls Leykis’ cell phone”. 44. On November 6, 2016, at 10:30 p.m., Defendant Trevor did call Plaintiff's unpublished private cell phone while Plaintiff was in the privacy of his home late at night, and digitally taped [wired tapped] the entite telephone conversation without Plaintiff's knowledge or consent, 45. On November 7, 2016 at 10:26 pm Defendant Trevor called Plaintiff as second time using a different phone number to trick Plaintiff into answering his private cell phone. Defendant Trevor left a sick and deranged 3 minute long message that stated: 1) he was in love with Plaintiff; and 2) “lam coming to get you" . 46. Defendants then electronically processed the taped phone conversation through their electronic equipment and replayed the entire conversation between Plaintiff and Defendant Trevor on Defendants? show without Plaintiff's consent or knowledge. Defendants knew that their secret and intentional act(s) of taping a phone conversation without notice to Plaintiff was an illegal invasion of Plaintiff's privacy. ‘The intentional broadcasting of the conversation on Defendants’ show was for Defendants’ financial benefit with an intent to ridicule and embarrass PI The illegal taping and broadcast was a continued course and action of harassment by Defendants to Plaintiff, and a follow-up to Defendant Trevor's over 200 phone calls to Plaintiff's place of work within a two month period “10. COMPLAINT FOR DAMAGES10 a 13 a4 16 rh 18 19 20 26 27 28 47. Defendants know the Plaintiff actively protects his intellectual property and that Plaintiff searches the Internet for violations of his copyrights. Therefore, Defendants and the other participants in their piracy ring took measures designed to thwart Plaintiff's ability to detect their illegal activity. Their use of multiple web sites to publish Plaintiff's copyrighted intellectual property, was done to maximize their publication to the world, and promote themselves financial on Plaintiff's intellectual property and outstanding reputation as a person and in the field of broadcasting. 48, Defendants also encourage other individuals to reproduce and distribute unauthorized copies of copyrighted works through the piracy web blogs they operate. 49. Each of the audiovisual works at issue in this action is of obvious high production value and is easily discernable as a professional work. 50. Each of the audiovisual works at issue in this action is either trademarked, registered or copyrighted to Plaintiff. 51, Defendants knew the infringed and pirated works belonged to Plaintiff and made taunting, statements of their piracy on web blogs, on their show and other internet locations, In fact Defendants stated that their illegal recordings of Plaintiff's shows and cell phone call from Defendants were legal and that Plaintiff doesn’t know the law. In fact Defendants during their show of October 31, 2016 challenged Plaintiff to sue them asserting that Plaintiff doesn’t know the law and has no rights against Defendants. 52. Each of Plaintiff's works is marked with Plaintiff's trademark, a copyright notice, a warning that ‘unauthorized copying is illegal and will be prosecuted. All Defendants knew or should have known that Plaintiff's principle place of business is in Los Angeles County, California and that infringement of his ‘works was likely to cause harm in California and worldwide. 53. At various times, during regular inspections of Internet websites, Plaintiff's employees discovered and documented a number of Plaintiff's copyrighted works being publicly displayed and or distributed by and through piracy web blogs operated by Defendants. 54, Plaintiff previously sent notice to the Internet service provider who hosted Defendants’ blogs reques that the links to the infringing files be blocked oF removed. Te COMPLAINT FOR DAMAGES10 qa 12 13 a4 15 16 17 18 55. Defendants, without authorization, copied, distributed and/or publicly displayed audiovisual works owned by and registered to Plaintiff. The number of incidents is still under investigation. FIRST CAUSE OF ACTION (Copyright Infringement ) 56. Plaintiff repeats and incorporates by this reference each and every allegation set forth in paragraphs 1 through 55, inclusive. 57. Atall times relevant hereto, Plaintiff has been the producer and owner of the photographic and audiovisual works reproduced, distributed and publicly displayed by Defendants through various online piracy web blogs, including without limitation YouTube, Facebook, trevorshappyhour.com and other yet to be discovered worldwide internet outlets and sites: 58. For each of the works at sue in this matter, Plaintiff either holds a copyright or trademark, 59. Without authorization, Defendants reproduced and distributed and broadcasted on their show the following Plaintiff owned and copyrighted works, including but not limited to: 1) illegally recorded phone calls to Plaintiff; 2) copying/tecording/ripping Plaintiff's shows from January 1,2015 up to and including. the present and replaying said recordings on Defendants’ show to enhance themselves financially at Plaintiff's expense; 3) playing entire segments of Plaintiff's show on June 30, 2016 and November 6, 2016. 4) publishing/posting Copyrighted Photographs of Plaintiff on or about October 28, 2016, November 6, 2016 on Defendants” web site for their own financial gain at Plaintiff's expense 60. Without authorization, Defendants and DOES reproduced screen captures from Plaintiff's work and publicly displayed the unauthorized reproductions by and through the piracy web blogs operated by Defendants on October 28, 2016 and November 6, 2016, 61, Plaintiff did not authorize Defendants’ copying, display or distribution of his intellectual property A, DEFENDANTS WILLFULLY INFRINGED PLAINTIFF'S REGISTERED COPYRIGHTS 62. Defendants infringed the copyrights in Plaintiff's creative works by reproducing, distributing and/or publicly displaying the works by and through various piracy web blogs without proper approval or authorization of Plaintiff. “12 COMPLAINT FOR DAMAGES13 4 15 a 18 19 20 au 22 23 25 26 28 63. Defendants knew the infringed works belonged to Plaintiff and that they did not have permission to exploit Plaintiff's works. Defendants had actual knowledge of Plaintiff's copyrights because on October 31, 2016 Defendants stated on the air during their show that “Tom considers it content theft if you post any portion of his show”, which proves notice by Defendants of Plaintiff's claim of ownership of his intellectual property, freely invaded by Defendants per their admission. On said date defendants further bragged how they previously posted Plaintiff's content on their multiple web sites. 64, Each of the Doe Defendants’ distributed Plaintiff's works by and through the piracy web blogs ‘maintained by Defendants where Plaintiff's efforts to prevent infringement of its works was openly discussed, where Plaintiff's anti-piracy measures were ridiculed and mocked, and where tactics were specifically designed and employed to make it difficult for Plaintiff to detect the illegal activity. 65. Defendants knew their acts constituted copyright infringement with a clear intent to harm Plaintiff. 66. Defendants’ conduct was willful within the meaning of the Copyright Act applicable to California under CC §980.1(a) et seq. 67. Asaresult of their wrongful conduct, Defendants are liable to Plaintiff for copyright infringement, Plaintiff has suffered, and will continue to suffer, substantial losses, including but not limited to damage to his business, his business reputation and goodwill, 68. The acts of Defendants, and each of them, that caused the above described damages to Plaintiff ‘were committed both in connection with Plaintiffs business and private pursuits. 69. Asadirect and proximate result of defendants’ acts Plaintiff has suffered damages in an amount to be proven at time of trial but in an amount not less than Five Million Dollars ($5,000,000). 70. Indoing the acts herein alleged, defendants acted with oppression, fraud, and malice, and plaintiff is entitled to an award of punitive damages as an example in an appropriate amount to be determined by the trier of fact SECOND CAUSE OF ACTION (Contributory Copyright Infringement) 71. Plaintiff repeats and incorporates by this reference each and every allegation set forth in paragraphs “3. COMPLAINT FOR DAMAGES10 aa 12 14 15 16 17 18 19 20 au 22 23 24 25 26 28 1 through 70, inclusive. 72, Numerous individuals and entities directly infringed Plaintiff's copyrighted works, 73. Defendants induced, caused and materially contributed to the infringing acts of others by encouraging, inducing, allowing and assisting others to reproduce and distribute Plaintiff's works, 74, Defendants had knowledge of the infringing acts relating to Plaintiff's copyrighted works. 75. The acts and conduct of Defendants, as alleged above in this Complaint constitute contributory copyright infringement. As a direct and proximate result of defendants’ acts Plaintiff has suffered damages {in an amount to be proven at time of trial but in an amount not less than Five Million Dollars (85,000,000) 76. Indoing the acts herei alleged, defendants acted with oppression, fraud, and malice, and plaintiff is entitled to an award of punitive damages as an example in an appropriate amount to be determined by the trier of fact. ‘THIRD CAUSE OF ACTION (Vicarious Copyright Infringement) 77. Plaintiff repeats and incorporates by this reference each and every allegation set forth in paragraphs 1 through 76, inclusive. 78. Numerous individuals and entities directly infringed Plaintiff"s copyrighted works, 79. Defendants had the right and ability to contro! the infringing acts of the individuals or entities who directly infringed Plaintiff's works. 80. Defendants obtained a direct financial benefit from the infringing activities of the individuals or entities who directly infringed Plaintiff's works. 81. The acts and conduct of Defendants, as alleged above in this Complaint constitute vicarious copyright infringement. 82. Asa direct and proximate result of defendants’ acts Plaintiff has suffered damages in an amount to ‘be proven at time of trial but in an amount not less than Five Million Dollars ($5,000,000). 83. Indoing the acts her alleged, defendants acted with oppression, fraud, and malice, and plaintift “14 COMPLAINT FOR DAMAGES10 ql 12 13 44 15 16 a7 18 19 20 22 23 24 25 26 28 is entitled to an award of punitive damages as an example in an appropriate amount to be determined by the trier of fact. FOURTH CAUSE OF ACTION (Misappropriation of the Right of Publicity (Common Law and CC § 3344) 84. Plaintiff repeats and incorporates by this reference each and every allegation set forth in paragraphs, | through 83, inclusive. 85. Plaintiff's copyrighted works is the the exclusive proprietor of the his likeness and rights of Publicity in the performances embodied in Plaintiff's creative works. 86. Defendants infringed the rights of publicity owned and controlled by Plaintiff by displaying images of the Plaintiff on their web site(s) and broadcasted pirated content from Plaintiff to play on Defendants ‘own show for commercial gain without authorization 87. Asadirect and proximate result of Defendants’ conduct as aforesaid, Plaintiff has been damaged by lost income in an amount to be determined at tral 88. Defendants acted deliberately to injure Plaintiff and otherwise in conscious disregard of Plaintiff's rights. Further, Defendants performed these acts, or otherwise authorized, ratified or had knowledge of them and thereby acted in conscious disregard of Plaintiff's rights. Defendants’ conduct as alleged above has damaged and will continue to damage Plaintiff's goodwill and reputation and has resulted in losses to Plaintiff and ilicit gain of profit to Defendants in an amount unknown at the present time, 89. The acts and conduct of Defendants as alleged above in this Complaint constitute a misappropriation of the right of publicity pursuant to the common law of California, 90. The acts and conduct of Defendants as alleged above in this Complaint constitute a xd commercial use of Plaintiff's misappropriation of the right of publicity in the form of the unauthoriz likeness and recorded content from Plaintiff's radio shows in violation of California Civil Code §3344. 91. Defendants’ conduct as alleged above has damaged and will continue to damage Plaintiff's goodwill and reputation and has resulted in losses to Plaintiff and illicit gain of profit to Defendants in an amount unknown at the present time. COMPLAINT FOR DAMAGES10 12 13 14 4s 16 18 19 20 92. The aforementioned acts of Defendants were willful, oppressive, fraudulent and malicious and therefore, Defendants’ conduct justifies an award of exemplary or punitive damages in an amount sufficient to punish Defendants and to make examples of them to others as provided for in Cal. Civ. Code $§3344.1(0). 93. Asadirect and proximate result of defendants’ acts Plaintiff has suffered damages in an amount to be proven at time of trial but in an amount not less than Five Million Dollars ($5,000,000). 94. — Indoing the acts herein alleged, defendants ted with oppression, fraud, and malice, and plaintiff is entitled to an award of punitive damages as an example in an appropriate amount to be determined by the trier of fact FIFTH CAUSE OF ACTION (Invasion of Privacy - Intrusion into Private Matters) 95. Plaintiff repeats and incorporates by this reference each and every allegation set forth in paragraphs 1 through 94, inclusive, Defendants have it tentionally invaded Plaintiff's right to privacy for their imentional invasion into Plaintiff's private seclusion and affairs. The right of privacy is protected by the California Constitution, Article 1, Section 1. At all times herein mentioned and up to and including the present, Plaintiff had a reasonable expectation of privacy in his personal and private information as described herein, A. DEFENDANT TREVOR'S STALKING OF PLAINTIFF 96. Between May 2015 up to and including the present, Defendants (Trevor and his agents) began electronically stalking Plaintiff with the intention to embarrass Plaintiff publically and harm his business interests. Defendant Trevor commenced a publicity campaign of hate against Plaintiff and announced to the public his intention to harm Plaintiff. B, DEFENDANTS’ INTRUSION INTO PLAINTIFF'S EXPECTATION OF PRIVACY 97. Inaneffort to promote the finances of his own show, Defendant Trevor announced to his audience and published on the internet his intent to harm Plaintiff by calling Plaintiffs private cell phone, record the phone call, and play the call on Defendant's show without Plaintiff's knowledge or consent. Attached -16- COMPLAINT FOR DAMAGES10 11 12 13 14 21 22 23 hereto as Exhibit “R” is a true and correct copy of Defendant’s Broadcast schedule where at November 6 it reflects, “Trevor calls Leykis’ cell phone” 98, Defendant Trevor illegally recorded his phone call to Plaintiff on November 6, 2016 . On November 7, 2016 Defendant Trevor called Plaintiff as second time leaving a 3 minute message professing his love for Plaintiff and “I’m coming to get you””. Defendant's threatening statement to Plaintiff was made to intentionally cause an apprehension of being harmed by Defendants 99. Without Plaintiff’s consent or knowledge, Defendants digitally taped his November 6, 2016 phone to Plaintiff. Defendants announced to his audience in advance that he was going to tape his unsolicited phone call to Plaintiff's cell phone for replay on Defendants’ show. Defendant in fact did record and replay the conversation leaving it posted on the Internet until 12-4-16, 24 hours a day, accessible by anyone by clicking Defendants’ link, 100. Prior to the two phone calls, Defendant Trevor placed over 200 phone calls to Plaintiff's place of business between January 1, 2015 and June, 2015. In spite of being asked to stop calling to harass Plaintiff and interrupt his business, Defendant kept calling, 101, Defendants have made an intentional intrusion into plaintiffs private life, seclusion or solitude by calling Plaintiff's private cell phone after being asked to stop. Defendants’ 200 phone calls to Plaintiff's place of business would be highly objectionable to a reasonable person. Defendants’ actions caused an adverse effect on the plaintiff, forcing him to seek: 1) an emergency temporary restraining order (granted) and 2) a permanent restraining order to protect himself from Defendants (granted), C, _ RESTRAINING ORDER AGAINST DEFENDANT GRANTED 102. Inorder to protect his own safety, Plaintiff was granted a Permanent Restraining Order of 3 years against Defendant on November 30,2016. During the trial under oath Defendant admitted the following 1) he indeed called Plaintiff twice on his private cell phone [after being asked not to]; 2) he recorded the his phone conversation with Plaintiff without Plaintif’s consent or knowledge; 3) that Plaintiff and his personnel requested Defendant Trevor and his agent accomplices to stop calling Plaintiff's place of business; 4) Defendants continued to call Plaintiff's place of business in spite of being asked to stop; 5) “17- COMPLAINT FOR DAMAGESqo qi 12 16 a7 18 19 20 21 22 23 24 25 26 27 28 Defendant Trevor offered no viable defense to the charges. 103. On November 30, 2016 witness testimony was taken to confirm Defendant's 200 phone calls to Plaintiff's place of business and multiple requests to stop calling. Testimony was taken confirming Defendant Trevor's continued phone calls under multiple numbers and spoof numbers to hide his identity and true phone number known to Plaintiff’s phone screeners, after Defendant was requested to stop calling. D, _ DEFENDANT TREVOR'S ADMISSION OF INVASION 104, On December 5, 2016 Defendant published an email admitting: 1) his invasion of Plaintf?'s privacy, 2) that he made his harassing phone calls to Plaintiff. Attached hereto as Exhibit “Q” herein it states: Garner called Leykis twice intending to do a spooflgag with him on his internet podcast show, TrevorsHappyHour.com....In reality, two calls were made to the phone of Leykis.”” 105, Defendant Trevor's actions and co defendants constitutes highly offensive conduct. ‘The invasion of Plaintiff's privacy by broadcasting a conversation on a private cell phone without Plaintiff's consent not only is highly offensive but not of a legitimate public concern, Plaintiff was harmed and Defendants were the actual and proximate cause of Plaintiff’ injuries. 106. The conduct of Defendants, and each of them, in disseminating Plaintiff"s conversation from a private cell phone as described herein constituted a serious invasion of Plaintiffs right to privacy and such ‘an egregious breach of social norms that Plaintiff was, as a result thereof, objected to extreme emotional distress and torment. Plaintiff has been previously physically attacked by crazed fans, and is sensitive to Defendants’ illegal acts upon his privacy. 107, Asa proximate result of the conduct of Defendants, and each of them, Plaintiff has suffered ‘emotional distress, mental suffering and invasion of his Constitutional right to privacy in a sum to be proven at time of trial but not less than Five Million Dollars ($5,000,000). 108. In doing the acts herein alleged, defendants acted with oppression, fraud, and malice, and plaintift is entitled to an award of punitive damages as an example in an appropriate amount to be determined by the trier of fact. -18- COMPLAINT FOR DAMAGES16 47 18 19 20 a1 22 23 24 25 26 28 SIXTH CAUSE OF ACTION (Intentional Infliction of Emotional Distress) 109. Plaintiff realleges and incorporate herein by reference all ofthe allegations set forth in paragraphs 1 through 108 as though fully set forth herein. 110. Defendants, and each of them, had knowledge of Plaintiffs particular susceptibility to emotional distress having been physically attacked and injured by a crazed fan in the past. Defendant Trevor was asked o stop calling Plaintiff's private cell phone and he did not. Defendants were asked to stop calling Plaintiff's place of business and they did not. 111, Atall times herein mentioned and up to and including the present, Defendants, and each of them, uunconscionably used Plaintiff's private and personal information, including but not limited to placing over 200 phone calls to Plaintiff's place of business even after being asked to stop calling; using Plaintiff's personal cell phone to orchestrate a secretly recorded conversation for subsequent commercial use without Plaintiff's authorization or consent, to market and promote Defendants’ radio show and products; “ripping” entire shows from Plaintiff's web site and rebroadcasting Plaintiff's copyrighted content on Defendants’ show without Plaintiff's consent or knowledge. 112. Atall times herein mentioned and up to and including the present, Defendants, and each of them, unconscionably disseminated Plaintiffs private and personal information, and copyrighted intellectual property to the general public to market and promote Defendants’ show and products. 113. ‘The conduct of Defendants, and each of them, was intentional and malicious insofar as their actions were taken with knowledge that Plaintiff's emotional and physical distress would increase as a result of their conduct, but nevertheless undertook and continued such conduct with a wanton and reckless disregard of the consequences to Plaintiff. 114, As proximate result of the conduct alleged herein, Plaintiff suffered humiliation, mental anguish, ‘and emotional and physical distress, and has been injured in mind and body, all to Plaintiffs damage in an amount presently unknown. Plaintiff will seek leave of Court to amend this Complaint to set forth the fall amount of damage sustained when ascertained, <19- COMPLAINT FOR DAMAGES1 115. Plaintiff will seek leave of court to amend this Complaint to set forth the full amount of damage 2 | sustained when ascertained. 3.]116. Asa further proximate result of the conduct alleged herein, Plaintiff has incurred and will in the 4 | future incur, sundry expenses in the examination, care and treatment of Plaintiffs physical and emotional 5 | injuries, the exact nature and extent of which are presently unknown to Plaintiff 6 ]117, The acts of Defendants, and each of them, were wilful, wanton, malicious and oppressive, and 7 | justify the awarding of exemplary and punitive damages. 8 SEVENTH CAUSE OF ACTION 9 (Invasion of Privacy - Misappropriation of Plaintiff’s Name and Likeness) 10 | 118. Plaintiff repeats and incorporates by this reference each and every allegation set forth in paragraphs 11 | 1 through 117, inclusive, Defendants have intentionally missapropriated Plaintiff's name and like for use 12 | on their on web sites for defendants’ financial gain, 13] 119. As set forth herein above and as proved by the attached exhibits, Defendants took Plaintiff's 14 J copyrighted photos directly from his web site and published Plaintiff's photos on Defendant's web site 15 | without Plaintiff’s knowledge or permission. Defendants’ publishing was to promote Defendants’ 16 | commercial and financial interests at Plaintiff's expense. 17] 120. Plaintiff has spent many years protecting his copyrighted content and brand. Plaintiff was harmed 16 || by Defendants who are the actual and proximate cause of his injuries. Defendants’s use of Plaintiff's 19 | likeness was done to embarrass and harm Plaintiff's personal and business interests and did not serve any 20 || public interest which is outweighed by Plaintiff’s right to privacy, 121. Asa proximate result of the conduct of Defendants, and each of them, Plaintiff has suffered 22 | emotional distress, mental suffering and invasion of his Constitutional right to privacy in a sum to be 23 | proven at time of trial but not less than Five Million Dollars (5,000,000) 24 | 122. Indoing the acts herein alleged, defendants acted with oppression, fraud, and malice, and plaintiff 25 | is entitled to an award of punitive damages as an example in an appropriate amount to be determined by 26 | the trier of fact 27 -20- 28 COMPLAINT FOR DAMAGES13 4 18 16 18 19 20 au 22 23 25 26 27 EIGHTH CAUSE OF ACTION (For Negligent Infliction of Emotional Distress Against All Defendants) 123, Plaintiff realleges and incorporates herein by reference all of the allegations set forth in paragraphs 1 through 122 as though fully set forth herein. 124. Defendants, and each of them, were aware and knew, or should have known, of Plaintiff's particular susceptibility to emotional distress due to his prior physical attack by a crazed fan whereat Plaintiff suffered serious injuries. It was also foreseeable that defendants’ intentional acts of pirating Plaintiffs intellectual property; including but not limited to Plaintiff's likeness and broadcasts to harm Plaintiff in his private and business interests would elicit an adverse reaction from Plaintiff which was precisely Defendants’ intent and goal. 125. Defendants and each of them owed a duty to Plaintiff to not steal his copyrighted intellectual property as defendants knew such acts were illegal and they were liable for damages when they were committed by Defendants at the dates and times set forth herein above by exhibit, Defendants breached their duty owed to Plaintiff by pirating his intellectual property and converting it for their own financial gain, 126, Defendants who hold themselves out as experienced radio broadcasters, are presumed to know what constitutes an illegal act in broadcasting and are presumed to know that stealing intellectual property is illegal and gives rise to damages sustained by the Plaintiff solely to promote Defendants products and radio show. On October 31, 2016, Defendants spent an extended part of their show discussing their superior knowledge of piracy law, and that they knew in fact Plaintiff claims copyrights to all of his broadcasts, publishings, postings, and likenesses, yet they would proceed to steal same. 127, As aresult of the negligent conduct of Defendants, and each of them, and the consequences proximately caused thereby, Plaintiff has suffered severe emotional distress and mental suffering, all to his damage in a sum which cannot be presently ascertained. Plaintiff will seek leave of court to amend this Complaint to set forth the fall amount of said damage when ascertained 128. Asa farther proximate result of the negligent conduct of Defendants, and each of them, Plaintiff 21 COMPLAINT FOR DAMAGES:10 un 12 13 14 15 16 17 18 19 has incurred and will in the future incur, sundry expenses in the examination, care and treatment of Plaintiffs physical and emotional injuries, the exact nature and extent of which are presently unknown to Plaintiff. Plaintiff will seek leave of court to amend this Complaint to set forth the full amount of damage sustained when ascertained. NINTH CAUSE OF ACTION (For Unfair Competition -Business & Professions Code Section 17200) 129, Plaintiff realleges and incorporates herein by reference all of the allegations set forth in paragraphs 1 through 128 as though fully set forth herein 130. For the period of January 1,2015 up to and including the present, Defendants, and each of them, unconscionably and without authorization, used and disseminated Plaintiff's intellectual property to promote and market Defendants’ shows and products, 131, Plaintiff is informed and believes, and thereon alleges, that Defendants, and each of them, used and disseminated Plaintiffs’ intellectual property stating on their shows that Plaintiff does not know the law, that Defendants cannot be sued for their acts, that Plaintiff has no ownership rights to the intellectual property pirated by Defendants, and that Defendants would proceed with making use of Plaintiff's intellectual property. Plaintiffs consent was neither given nor requested, and without Plaintiff's consent or authorization, Defendants acted for the sole purpose of Defendant's financial gain and enrichment. 132, Defendants, and each of them, unless restrained, will continue to use and disseminate plaints personal and intellectual property as described herein for purposes of their own enrichment and fina gain, 133. The conduct of Defendants, and each of them, as described herein, constitutes unfair competition in violation of California Business & Professions, Section 17200, et seq 134. Asa proximate result of the conduct of Defendants, and each of them, Plaintiff has suffered images in a sum to be proven at time of trial but not less than Five Million Dollars ($5,000,000). 135, In doing the acts herein alleged, defendants acted with oppression, fraud, and malice, and plaintiff is entitled to an award of punitive damages as an example in an appropriate amount to be determined by 22 COMPLAINT FOR DAMAGESFe ae 19 20 2 22 23 24 25 26 27 the trier of fact ‘TENTH CAUSE OF ACTION (Intentional Interference With Business Advantage) 136. Plaintiff realleges and incorporate paragraphs 1 through 135 herein above with the same force and effect as if fully set forth herein. 137. During the relevant period, each of the individual Defendants was an agent, employee, and/or legal representative of each of the other Defendants, including corporations or other entities with which they were affiliated, and were authorized to make statements and representations considering the transactions referred to herein 138, Defendants have entered into a joint conspiracy to interfere with Plaintiffs’ ongoing broadcast business, to impair Plaintiffs’ ownership rights to intellectual property and brand established over a period of over thirty years, 139. As aresult of Defendants’ intentional conduct, to interfere with Plaintiff's ongoing business with ts would his subscribers Defendants and each of them knew or should have known that their intentio cause irreparable damage to Plaintiff, 140. Defendants’ intentional act(s) of pirating Plaintiff's intellectual property and marketing Plaintiff's property as their own as referenced herein above, were malicious and calculated to lead to irreparable harm to Plaintiff causing damage to Plaintiff 141, As a result of Defendants’ acts Plaintiff has been irreparably damaged and has prevented Plaintiff from conducting business with third part 142. Said intentional acts by Defendants and each of them was a calculated and deliberate attempt by Defendants to prevent Plaintiff from conducting business in a reasonable and unobstructed manner. 143. Asa direct result of such acts, Plaintiff has suffered damages in an amount to be proven at time of trial but not less than Five Million ($5,000,000) Dollars. 144, The acts and omissions of Defendants were malicious and oppressive, so as to justify an award of punitive damages to punish said Defendants as an example in an appropriate amount to be determined by 23. COMPLAINT FOR DAMAGES18 19 20 the trier of fact. ELEVENTH CAUSE OF ACTION (Negligent Interference With Business Advantage) 145. Plaintiff realleges and incorporate paragraphs | through 144 herein above with the same force and effect as if fully set forth herein. 146. During the relevant period, each of the individual Defendants was an agent, employee, and/or legal representative of each of the other Defendants, including corporations or other entities with which they were affiliated, and were authorized to make statements and representations considering the transactions referred to herein, 147. Defendants have entered into a joint conspiracy to interfere with Plaintiff's ongoing business relationship with his subscribers, to impair Plaintif’s ownership rights to his intellectual property. 148. Defendants owed a duty to Plaintiff not to pirate his property and convert same to their own use 149. As a result of Defendants’ ne, sent conduct, to interfere with Plaintiff's ongoing business, relationship with a third party. Defendants and cach of them knew or should have known that their negligent acts would cause irreparable damage to Plaintiff. 150. Said intentional acts by Defendants and each of them was a calculated and deliberate attempt by Defendants to prevent Plaintiff from conducting business in a reasonable and unobstructed manner. 151. Defendants breached their duty to owed Plaintiff by pirating his intellectual property and converting same for their personal financial gain. 152, Defendants! unreasonable conduct was a direct and proximate result of damage to Plaintft 153, Asa proximate result of such acts, Plaintiff has suffered damages in an amount to be proven at time of trial but in an amount not less than Five Million ($5,000,000) Dollars. 154, The acts and omissions of Defendants were malicious and oppressive, so as to justify an award of punitive damages to punish said Defendants as an example in an appropriate amount to be determined by the trier of fact 24 COMPLAINT FOR DAMAGES16 a7 18 19 20 at ‘TWELFTH CAUSE OF ACTION (Violation of California Business and Professions Codes §§17200 and 17500) 155, Plaintiff realleges and incorporates paragraphs 1 through 154 herein above with the same force and effect as if fully set forth her 156, Defendants, and each of them: (@) Have engaged in unlawful, unfair and/or fraudulent business practices; (6) Have disseminated and published deceptive, untrue and/or misleading information of and concerning Plaintiff; and ©) With the intent to induce Plaintiff to act as referenced herein above, made statements, announcements, presentations, and publications concerning Plaintif?"s intellectual property which were known, or which by the exercise of reasonable care should have known to be untrue and/or misleading, 157. By reason of the foregoing, Defendants, and each of them have engaged in multiple, willful Violations of California Business and Professions Code, §§17200 and 17500. 158, Asa proximate result of Defendants’ multiple and willful violations of California Business an Professions Code, §$17200 and 17500, Plaintiff has been injured in an amount of which is not fully ascertained at this time, but in no event in an amount not less than Five Million Dollars ($5,000,000) THIRTEEN CAUSE OF ACTION (Defamation - Libel Per Se) 159. Plaintiff realleges and incorporates paragraphs 1 through 158 herein above with the same force and effect as if fully set forth herein, 160. On November 5, 2016 Defendant Trevor published a statement on the internet accusing Plaintiff of being a liar. Specifically as reflected in the attached Exhibit "Q”, Defendant Trevor states: Leykis' claims ‘of 200 calls to his program are simply preposterous and outright lies.” 161. Defendant's accusation of Plaintiff being a liar and published on the internet was done to intentionally harm Plaintiff and his business reputation. It is also contrary to the prove up in court on -25- COMPLAINT FOR DAMAGES:23 2a 25 26 27 28 November 5, 2016, resulting in a finding of Defendants’s admission of all acts accused of and committed resulting in the issuance of a permanent restraining order of 3 years against Defendant Trevor for his obstreperous conduct. 162, Defendant's published libelous remarks constitute libel per se as the tortious statements impugns Plaintti’s occupation, trade, and business as it accuses Plaintiff of misconduct, that is, lying under oath in a court of law. 163, Part of Plaintiff's radio station format involves news reporting segments by news reporters, Plainti fans expect the news reporting to be true as an extension to Plaintiff. Thus not only does Plainti ' job involve a “talk show” but incorporates news reporting of world events. Defendant's accu ation that Plaintiff is a liar extends to Plaintff’s occupation in part, as a journalist 164. Defendants’ animosity is motivated by his intentional actions to interfere with the contractual business relationship between Plaintiff, listeners and Plaintif’s subscribers and to also interfere with Plainti"s right to contractual business relationships worldwide. 165. The sheer volume of animosity directed to Plaimiff by Defendants, coupled with Defendants’ ‘open, cavalier, and outspoken motivations, demonstrate the Defendants are determined to deal out their hand of retribution, by intentionally injuring Plaintiff by accusations of misconduct, to attack Plaintiff's ‘occupation, business or trade, which are wholly untrue. 166. Defendant's false statement of “lying” has impugned Plaintiff”s occupation, business and trade, ‘The Truth: 167. On November 5, 2016 under oath, Plaintiff testified truthfully and is not liar. 168. Asa proximate result of such acts, Plaintiff has suffered damages an amount to be proven at time of trial but in an amount not less than Five Million ($5,000,000) Dollars, 169. The acts and omissions of Defendants were malicious and oppressive, so as to justify an award of Punitive damages to punish said Defendants as an example in an appropriate amount to be determined by the trier of fact. COMPLAINT FOR DAMAGES25 26 27 28 FOURTEEN CAUSE OF ACTION (Defamation - Commercial Disparagement) 170. Plaintiff realleges and incorporates paragraphs | through 169 herein above with the same force and effect as if fully set forth herein 171. Plaintiff produces and sells his private brand of wine. Plaintiff is very proud of his product that is grown, processed and bottled under the highest standards of health, safety and cleanliness per the standards required of the wine industry in producing wine. Plaintiff has spent several years in developing his brand including but not limited to, growing of vintage crops, pressing and ageing, bottling, product design, manufacturing, marketing and distribution, 172. Defendant Trevor has published derogatory information of and concerning Plaintiff's wine for the wtentional actions, Purpose of discouraging people from purchasing Plaintiff's wine, Defendant Trevor's to attack Plaintiff's commercial product and dispense false and misleading information constitutes commercial disparagement 173, Defendant Trevor on October 31, 2016 stated on his show that “Tom’s wine has bugs in it." He «also admitted to making this statement prior to this date when Defendant stated: “Tom is mad because I said his wine has bugs in it.” (Confirming the derogatory statement(s) were twice published by Defendant Trevor 174. ‘The published statements are false, they were published with the intent by Defendant Trevor to ‘cause financial loss to Plaintiff. Defendants reasonably believed that the publication of these derogatory and defamatory statements would result in a financial loss to Plaintiff's business. The fact that the statements were made with complete disregard to Plaintiff's good business reputation, Defendants” acts of publishing defamatory statements of and concerning Plaintiff and his product shows malice by Defendants The fact that Defendant Trevor made his statements on the air, and the station is owned and operated by Defendant Trevor and his agents, liability extends to said agents as co-defendants. 175. Asa proximate result of such acts, Plaintiff has suffered damages in an amount to be proven at time of trial but in an amount not less than Five Million ($5,000,000) Dollars 21 COMPLAINT FOR DAMAGES1. ]176, The acts and omissions of Defendants were malicious and oppressive, so as to justify an award of 2 | punitive damages to punish said Defendants as an example in an appropriate amount to be determined by 3 J the trier of fact 4 WHEREFORE, PLAINTIFF prays for judgment as follows on all causes of action as follows 5 | FIRST, SECOND, THIRD, FOURTH, FIFTH, SEVENTH, NINTH, TENTH, ENTH, TWELFTH. 6 | THIRTEENTH , and FOURTEENTH CAUSES OF ACTION 7] 1. For general and special damages according to proof but in an amount not ess than Five Million ($5,000 000) Dollars. 8 |2. For punitive damages to be established by the trier of fact; 3. Interest on all sums; 94. Forattorneys’ fees: 3. For costs of suit incurred herein; and 6 For such and further relief as this Court deems just and proper. 11 | SIXTH, EIGHTH CAUSES OF ACTION 12 |11. For general and special damages according to proof; 2. For punitive damages to be established by the trier of fact; 133. Interest on all sums; 4. Forattorneys'f 14/5. For costs of suit incurred here 6. For such an further relief as this Court deems just and proper Dated: December 6, 2016 LAW OFFICE OF ADAM MICHAEL SACKS 16 vv a ADAM MICHAEL SACKS 18 Attorney for Plaintiff 19 20 ai 22 23 24 25 26 an -28- 28 COMPLAINT FOR DAMAGES18 1s 20 21 22 23 24 25 Adam Michael Sacks, Esq. SBN 227408 LAW OFFICE OF ADAM MICHAEL SACKS 14401 Sylvan St., Ste 227 Van Nuys, CA 91401 818-253-6795 Attomey for Plaintiff ‘Tom Leykis SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGE ‘TOM LEYKIS ) CASENO ) Plaintiff ) EXHIBITS TO v. ) COMPLAINT FOR DAMAGES FOR, ) ‘TREVOR GARNER, SARAH GARNER, ) [Complaint for Damages filed concurrently individually and dba TREVOR'S HAPPY °) herewith) HOUR and GARNER FAMILY TRUST, ) ‘THE GARNER FAMILY TRUST, a family ) trust and DOES 1-10, Inclusive, ) ) Defendants. ) J Plaintiff hereby submits the attached exhibits incorporated by reference in the Complaint for Damages filed concurrently herewith, Dated: December 6, 2016 Law Offices of Adam Michael Sacks —+_ fo *$ Adam Michael Sacks, Attorney for Plaintiff ae EXHIBITS TO COMPLAINT FOR DAMAGESEXHIBIT “A”8 Facebook.com Trevor's Happy Hour |Home Me Protos Public Figure ke Photos PostsEXHIBIT “B”Trevor's Happy Hour Home | About Like Message. ‘Share More ~ Photos Likes About Posts CONTACT INFO % Call (714) 986-4346 % Igamerkeaa@aol.com http://www trevorshappyhour.comHi/ % treybomb2012@ yahoo.com MORE INFO © Affiliation Sales Manager /Talk Show Host About ‘Advertise on Trevor's Happy Hour for ONLY $50 a weok and he will get you results with Radio & Print Media email tgarnerkca a@aol.com Call 714-986-4346 See more of Trevor's Happy Hour by logging into Facebook ge this Page, learn ab @ Facebook account, you Messe out upcoming events and more. If you don't have his Pay moiEXHIBIT “C”Trevor's Happy Hour Home About | Photos Likes PostsEXHIBIT “D”8 facebook.com i Like Comment Re Trevor's Happy Hour added 3 new photos. November 19 at 3:00pm» @ ‘Trevor's Happy Hour is tonight SATURDAY at 9 PM PST... Listen at www. trevorshappyhour.com and join us in the chat room with our HOT girls Kimberly and Wally.... Call in LIVE 714 798 9806 plus our sponsor Today's Steals and Deals INC Steals & Deals, INC. ‘ew Concept In Surplus ng On The Internet BUY LOW & ELL LOW! ( Like Comment See more of Trevor's Happy Hour by logging into Facebook Message this Page, learn abo more of thi unt, you a7 =o me ocEXHIBIT “E”® facebook.com Ri Trevor's Happy Hour acled 2 new photos Early show today with Dave Lerman..... 3 pm PST / 6pm EST....... We will catch up with Dave and our current hot topics ( Just The Facts) and take your phone calls at 714 798 9806 www.trevorshappyhour.com Skype comes ‘on and is working fine..... Sponsored by Today's Steals and Deals, INC httpyvww.todaysstealsanddeals.us/about-us. htm! .. Thank You. EVERYONE GO BUY SOMETHING | ls, A Totally New Covet tn Sars ing On The Internet WE BUY LOW a SELL LOW! 70: OFF RETAIL, fe Uke Comment Trevor's Happy Hour updated their cover photo. See more of Trevor's Happy Hour by logging into Facebook Message this Page, learn about upcomi a Facebook account, you can crea Em a ents and more. If you don't ha’ ne to see more of this Page.EXHIBIT “FP”8 facebook.com i. i Trevor's Happy Hour November 1- @ https www youtube.com/watch?v=Y58FAesW_Lo&feature=youtu.be STEALS DEAL 1 SPOT TODAY'S STEALS AND DEALS, INC. There's no oer shopping network thal gives the customer access to Wve reakime 360° product demonstrations ike Stoals >) “ STEALS & DEAS wwe. vi Uke Comment 4» Share October 31 @ Ri ‘Trevor's Happy Hour added 3 new photos. THIS SATURDAY 11/5 on Trevor's Happy Hour we will introduce our new sponsor .... DAY'S STEALS AND DEALS, INC. Listen LIVE at www.trevorshappyhour.com at 10:30 am and join us in the chat room. You can also callin to the show at 714 798 9806 TODAY'S STEALS AND DEALS, INC is a totally new concept in surplus marketing on the Internet. There's no other shopping network that gives the customer access to live real-time 360° product demonstrations like Steals and Deals. A host See More ‘Today's Steals & Deals, I A Totally New Concept In Surplus Marketing On The Tnternet! WE BUY LOW & SELL LOW! wos 2 STEILS & DEAS me H See more of Trevor's Happy Hour by logging into Facebook Message this Page, learn about upcoming a Facebook account, you can createEXHIBIT “G”®@ facebook.com ‘Trevor's Happy Hour accec 3 new photos October 30-@ Trevor's Happy Hour starts soon. If you want to meet women like ths. CALL MEI! They are all in The Phenix Hair Salon Studio with Pegay ( our NEW SPONSOR) ... Here is a photo for Poorman Show starts, tonight at 7 pm PST Cubs and Indians ... yes .at 7 pm listen and chat www.trevorshappyhour.com call in 714 798 9806... GO CUBS !!! But I still like the Indians too ..... LOVE BASEBALL !!! Thanks Nick G..... | stole this Photo.....OR YouTUBE ME https:/iwww.youtube.comvchannel/UC1087- SDLIcNwHqWJhV9BUA ve Like Comment See more of Trevor's Happy Hour by logging into Facebook Message this Page, learn about upcoming events and more. If you don't have a Facebook account, you can create one to see more a ‘esin rrarssEXHIBIT “H”8 facebook.com Trevor's Happy Hour e Trevor's Happy Hour starts soon. If you want to meet women like this.. CALL MEH! They are all in The Phenix Salon Studios ... Hair Salon Studio ( my new SPONSOR }))... Here is a photo for POOrMAN ...renneee SHOW starts tonight at 7 pm PST Cubs and Indians have been moved back because of rain, www-trevorshappyhour.com call in 714 798 9806... The starting pitcher for the Indians is named TREVOR Bauer ...ughhhhhhhh! GO CUBS !!! But | still ike the Indians too Trevor's Happy Hour Home About Photos Likes | Posts ‘le Like Comment mr Trevor's Happy Hour added 3 new photos. October 24° @ Trevor's Happy Hour has a new YouTube Channel. Cheok out this video hosted by The Poorman featuring The Kottonmouth Kings , produced by Trevor, Jim Campanis ur. and crew. Sponsored by Porkey's Pizza ... also more Trevor’ s Happy Hour at www.trevorshappyhour.com M-F 9-Midnignt PST and Saturdays at 10:30 AM with Lyle Fenimore...more videos and audio See more of Trevor's Happy Hour by logging into Facebook Messag oming events and more. If you d a Facet his Page, learn about 900k account, you can crea one to see more of this Page.EXHIBIT “TI”§@ facebook.com Trevor's Happy Hour September 26: @ WWW trevorshappyhour.com LISTEN and join us in the Chatroom apm pat 6 pm EST THE Trevor Gamer & Dave Lerman debate pre show with guests Corey Feldman , Wally Wharton, Brett Boukather & no political bs....CALL IN AT 714.798 9806 SPONSORED BY PLEXUS EDGE WE WILL ALSO BE CALLING POORMAN about his endorsement of Donald Trump. Trevor's Happy ILLARY 4 Hour Home ‘About Photos Likes | Posts Trevor's Happy Hour! ‘Trevor's Happy Hour! Like Bl Comment Share ii Trevor's Happy Hour TODAY AT 10:30 am PST Lyle Fenimore WILL RETURN WITH HAMBURGERS TO TREVOR'S HAPPY HOUR WITH Lyle Fenimore USTEN LIVE WWW.TREVORSHAPPYHOUR.COM JOIN US IN THE CHATROOM AND CALL LYLE AT 714 798 9806' THE RETURN OF LYLE IN 30 MINUTES, See more of Trevor's Happy Hour by logging into Facebook Message this Pag a Facebook acc f this P: fe, learn about upcoming events and mor nt, you can create ne to see morEXHIBIT “J”8 facebook.com ‘Trevor's Happy Hour ado 2 new photos. August 15-8 THIS FRIDAY 8/19 from 3-4 pm pst on Trevor's Happy Hour with Lyle Fenimore we will introduce 2 of our new members with the show. ZAR the dog and DENNIS the cat. They are loyal participants to the show and we will interview both of them this week. Listen to the show online at www. trevorshappyhour.com and join us in the chat room or just callin at 714-798-9806. If you would like to support the show and advertise until the ‘end of 2016 for JUST $20 per month we will promote your business or any Trevor's Happy ‘other event that is not illegal or immoral THANK YOU call Trevor at 714 986 Hour a About Pts Likes [ros ve Like 1 Comment See more of Trevor's Happy Hour by logging into Facebook Message this Page, learn about upc a Facebook acc nts and more. If you don't have see more of Page.EXHIBIT “K”8 facebook.com fe Like © Comment Trevor's Happy Hour F e VOR'S HEPPY [Tris rrday Fooruary Tom Tovar and io wilbe chating wil Svenyore ur from 3-4PM PST in THE CHAT ROOM at wowutrovorshappyhour.com. There have been some issues with our reception at KCAA and online. Actually we a have been suspended for NON PAYMENT of $1300 to our rehab center manager. But we still have PK Donuts and B&C Burgers ...Nevertheless we out will stil be around this Friday in the CHAT ROOM or you can call our cell at 714-986-4346 LIVE. Itis always fun to work for FREEEEEEE | And Thank tos (ou to Carl at The Nickel Shopper ! es sts See more of Trevor's Happy Hour by logging into Facebook Messag: a Facebook account, you can create one t m this PageEXHIBIT “L”® facebook.com @ Like Comment» Share |) Trevor's Happy Hour vary 26: @ httpz/tunein, com/radio/Trevors-Happy-Hour-p765104/ call in this Friday 3- 4pm PST and talk to Mayra ....888-909-1050 It is also Trevor's Birthday. Go to The Nickel Shopper and get a 50% discount on advertising.....http:/thenickelshopper.com/pdinewspapers20 16/front46.paf vor's Happy ur ne out stos if Like Comment BRR trever's Happy Hour See more of Trevor's Happy Hour by logging into Facebook Message this Page, learn about upcoming a Facebook account, you can crea’ nts and more. If you don't have one to see more of this PaEXHIBIT’M”8 facebook.com lw Like Comment» Share || Trevor's Happy Hour October 15, 2015: @ Trevor's Happy Hour wants to thank our NEW sponsor for Friday's show. Larry at STACKED BMX BIKE SHOP in RIVERSIDE, CA. Give them a call at 951-534-6690.... 6613 Magnolia Ave, Riverside, CA 92506 Lee at FA ca fee bry Mui Mic likes tis, BM Travar'e Hanny Hane adelod 2 naw nhaing See more of Trevor's Happy Hour by logging into Facebook Message this Page, learn about upcoming event: a Facebook account, you can create one to see more o} and md If you don't haveEXHIBIT “N”Trevor's Happy Hour Home About | Photos Likes Posts Mes If you don't have ki aiEXHIBIT “O”8 facebook.com Ri ‘Trevor's Happy Hour added 3 new photos Detober 28° @ Round 1 of Friday's LYLE and TOM LEYKIS extravaganza begins ala PM- 4PM PST show #2 LEYKIS and The CUBS /INDIANS World Series Game 3 begins at 7 PM PST ....with Pete Rose www.trevorshappyhour.com... Call in 714.798 9806 oeeata Like Comment || Trevor's Happy Hour October 26: @ Trevor's Happy Hour starts soon. If you want to meet women like this. 20 ‘See more of Trevor's Happy Hour by logging into Facebook Me: age tt a Facebook account, you can create one to see mor : c f is Page; learn about upcoming events and m pu don't have PageEXHIBIT “P”October. 26,2016.62 Wednesday evening show. ‘Qatobsr 27,2016 Spontaneous Thursday late night show. October 28.2016 [ye Fenimore comes onto alk about gold diggers. Qsiobes 29.2016 41 ‘Saturday afernooa show. Qstohes29.201642 Senirday night show, ctaber 30.2016 Sunday agit show. stober 2016 Halloween show, featuring rving the Indian Boy, Dave Lerman, and Td. ‘November 1.2016 ‘Short Tuesday evening show. ‘November2, 2016 41 {Lyle Fealmore’s Tan Rado Meta show. November2, 2016.02 | Wesinesday evening show. = Nosembsr-4,2016 | Feaay night Show featuring Apostle BO.EXHIBIT “Q”From: Mr. Adam Michael Sacks, sq. ‘To: undisclosad-recipients:; ‘wd: Trevor Garner's Statement in Regard to Tom Leykis. Forwarded message ——~ From: Date: Wed, Nov 16, 2016 at 6:58 AM ‘Subject: Trevor Gamer's Statement in Regard to Tom Leykis, To: adam@adamlawyer.com Trevor Garner's Statement in Regard to Tom Leykis Recently, Tom Leykis alleged that | was an “obsessed fan’, fled a restraining order against me, and even ran {2 TMZ{to have them do a story on it This the statement of Trevor Gamer, as prepared by and through his altomey Scott R. L. DeHaan, regarding this mater. Trevor Garner is in his own right, a radio personality. Garner hosts an internet podcast tak show, just ike Tom Loykis does. Gamer isthe set-ntitled shock jock host of TrevorsHappyHour com, a semi-nightly podcast broadcast on the internet, Gamer received a cell phone number belonging to Tom Leykis, which was once posted on the intemet by Tom Leykis himsell. Garner called Leykis twice intending to do a spoot/gag with him onbis internet podcast show, TrevorsHappytiour.com. When Leykis realized he was the subject of a gag on TrevorsHappyHour.com, he became enraged. "How dere another intemet jock spoof Tom Leykis? Challenge Tom Leykis in his own domain...” Lykis, jealous and threatened by Trevor Gamer's uprising talent and challenge to his own sagging radio cateer, took action through the cours to try and protect his fragile ego and fame. Knowing thatthe contacts were protected by reedom of speech and freedom ofthe press laws, Leykis and his alomey dreamed up this scenario of "deranged fan, in an attempt to boost Leykis own fame. Atthe same time, he felt he was discrediting his competition for top internet shock jock and audience. LLeykis' claims of 200 calls to his program are simply preposterous and outright lies. They were concocted to support his request forthe restraining order. In realty, two cals were made to the phone of Leykis. His program had not been contacted since June 2016. These facs will be proven at tral with phone records Its sad that Tom Leyki fame and audience have diminished so far, that he feels the nead to fabricate and spin Trevor's harmiess spoof into an effor to get publicity ané hold down his podcast competion. Trevor repeats his challenge to Leykis to dominate him on the internet. YOU can contact attomey Scott R.L. DeHaan at 949 500 1135 blia/scolt-dehaan-law.hosting-alf com! {Attached Images.