S'GINA

FILED
LOS ANGELES SUPERIOR
CO URT
MILSTEIN ADELMAN, LLP
Paul D. Stevens, State Bar No. 207107 DEC 1 2 2012
Shireen Mohsenzadegan, State Bar No. 237882
2800 Donald Douglas Loop North
Santa Monica, California 90405
e1ephone: (310) 396-9600
ax: (310) 396-9635

Attorneysfor PlaintiffPaul Martin

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

PAUL MARTIN, individually and on behalf of ) Case No. BC497223

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all others similarly situated, )
) CLASS ACTION COM
Plaintiff, )
) 1. FALSE AND MISLEADIN
vs. ) ADVERTISING IN VIOLATION OF
) BUSINESS AND PROFESSIONS CODE
ADIDAS, INC., a Delaware Corporation; and ) 17200, et seq.
DOES 1 through 10, inclusive, ) 2. FALSE AND MISLEADING
15 ) ADVERTISING IN VIOLATION OF
16
Defendants. ) BUSINESS AND PROFESSIONS CODE
) 175 00, et seq.
) 3. VIOLATION OF CALIFORNIA CIVIL
17 ) CODE 1750, et seq. (Consumers Legal
) Remedies Act)
18 )
) DEMAND FOR JURY TRIAL
19
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)
20

21 Plaintiff Paul Martin ("Plaintiff'), individually and on behalf of all other similarly situated

22 purchasers of Adidas Tech-Fit Compression Gear Products (the "Class"), brings this :eomRlaint 1- '"
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23 against Adidas, Inc. ("Adidas" and/or "Defendant") and Does 1 through 1 0, inclusiv (
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24 collectively referred to herein as "Defendants") and allege as follows: :::0 C::. 'J) rq :11: I :#:
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"'' " Plaintiff brings this class action to secure injunctive relief and restitutigJlXo!2 the
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26 Class against Defendants for false and misleading advertising in violation of BusiileS's &
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27 Professions Code section 17200, el seq., Business & Professions Code section 175 00, et s;gq:;and
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28 Civil Code section 175 0, et seq. Defendants made and continue to make false nd mieading
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CLASS ACTION COMPLAINT C) <.::) Co c C)

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statements in their advertising of Adidas Tech-Fit Compression Gear, and specifically, the Techfit
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2 Powerweb Compression Top, the Techtit Powerweb Compression Shorts, and the Techfit Tights,
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3 clothing garments that purportedly "give your muscles more energy and less fatigue when you train"

4 and "provide for better recovery" after training (hereinafter "Products").

5 2. Defendants make numerous statements regarding the benefits of the Products- some

6 in magazines, on the internet, and on its product labels. The central and unifonn focus of

7 Defendants' marketing, advertising, and labeling of the Products is that the Products provide more

8 muscle strength and power when training and exercising and, further, provide for better recovery

9 of muscles and less fatigue after training and exercising, including by way of example and without

10 limitation:

11 a. ",echiit that focuses vour muscles and strategic zones designedJor better recovery all

12 make these tights as hard-working as you are. "

13 b. "tech(it focuses vour muscles energy to generate maximum explosive power,

14 acceleration and long-IeI'm endurance"

15 c. "By reducing muscle vibration .pith compression Jabric, the women's adidas Teclfit

16 Three-Quarter Tights give )'our muscles more energv and less fatigue when )IOU

17 train.
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18 d. "This top Jeatures allover CLIMACOOL ventilation, TPU power band support and

19 an aggressive JlIJor more explosive muscle power. "

20 e. "techiit powerweh actively supports muscles. boosting power output and energy

21 e(fi.ciencv. "

22 f. Buill for more muscle power and hard-hitting corn/ort, these adidas Techiit Powerweb

23 Compression Shorts spo;-t allover CLlMACOOL ventilation, TPU power bands Jor
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24 accelerated lateral alld vertical motion and a tecfilTM design for enhanced muscle
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3. These claims misrepresent the effects and purported benefits of the Products. As
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such, Defendants have engaged in false and misleading advertising and violate the California
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CLASS ACTION COMPLAINT
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Consumers Legal Remedies Act, particularly California Civil Code sections 1770(a)(5) and

2 1770(a)(7). As such, Defendants have committed per se violations of Business & Professions
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3 Code section 17200, et seq., Business & Professions Code section 17500, et seq. and Civil Code

4 section 1750, et seq.

5 4. On August 23, 2012, Plaintiff effectuated written notice to Defendant Adidas, Inc.

6 via certified U.S. mail pursuant to Civil Code section 175 0, et seq., which set forth Plaintiffs

7 contentions concerning the Product' s fraudulent advertising and demanded remedy and relief.

8 (See Plaintiffs Letter to Defendant, dated August 23, 2012, a true and correct copy of which is

9 attached hereto as Exhibit 1.)

10 5. Plaintiff and Defendant thereafter engaged in discussion concerning the Product's

11 advertising and demanded remedy and relief.

12 6. On December 11, 2012, Defendant rejected Plaintiffs demand for remedy and

13 relief.

14

15 JURISDICTION AND VENUE

16 7. This Court has jurisdiction over all causes of action asserted herein pursuant to the

17 California Constitution, Article VI, section 10, because this case is a cause not given by statute to

18 other trial courts.

19 8. Plaintiff has standing to bring this action pursuant to Business & Professions Code

20 section 17200, et seq.

21 9. Out-of-state participants can be brought before this Court pursuant to the provisions

22 of Code of Civil Procedure section 395 . 5 .

23 10. Defendant is subject to personal jurisdiction in California based upon sufficient

24 minimum contacts which exist between it and California.

... 25 11. Venue is proper in this Court because Plaintiff resides in Los Angeles County and

26 purchased the Product in Los Angeles County. Defendants receive substantial compensation from

27 sales in Los Angeles County, and Defendants made numerous misrepresentations which had a
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CLASS ACTION COMPLAINT
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4 PARTIES

5 12. Plaintiff is, and at all times relevant hereto was, an individual residing in Los

6 Angeles County, California. Plaintiff purchased the Products in Los Angeles County. In doing

7 so, Plaintiff relied upon the advertising and other promotional material which were prepared and

8 approved by Defendants and their agents and disseminated through its packaging, label, and

9 national advertising media, containing the misrepresentations alleged herein and designed to

10 encourage consumers to purchase the Products.

11 13. Defendant Adidas is a corporation organized and existing under the laws of the

12 State of Oregon, with a principal place of business located at 1300 South West Fifth Avenue,

l3 Suite 2300 in Portland, Oregon 97201. Defendant offers the Products for sale through various

14 channels, including the internet and retailers throughout the nation, including the State of

15 Califomia. Adidas, directly and through its agents, has substantial contacts with and receives

16 substantial benefits and income from and through the State of California. Adidas is the owner and

17 distributor of the Products and is the company that created and/or authorized the false, misleading,

18 and deceptive advertisements and packaging for the Products.

19 14. The true names and capacities, whether individual, corporate, associate or otherwise

20 of ce11ain manufacturers, distributors, and/or their alter egos sued herein as DOES 1 through 10

21 inclusive are presently unknown to Plaintiff who therefore sue these Defendants by fictitious

22 names. Plaintiff will seek leave of this Court to amend the Complaint to show their true names

23 and capacities when the same have been ascertained. Plaintiff is informed and believes and based
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24 thereon alleges that DOES I through 10 were authorized to do and did business in San Joaquin
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,...., 25 County. Plaintiff is further informed and believes and based thereon alleges that DOES 1 through
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26 10 were and/or are, in some manner or way, responsible for and liable to Plaintiff for the events,
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CLASS ACTION COMPLAINT
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t 15. Plaintiff is informed and believes and based thereon alleges that at all times relevant
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2 herein each of the Defendants was the agent, servant, employee, subsidiary, affiliate, partner,
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3 assignee, successor-in-interest, alter ego, or other representative of each of the remaining

4 Defendants and was acting in such capacity in doing the things herein complained of and alleged.

5 16. Tn committing the wrongful acts alleged herein, Defendants planned and

6 participated in and furthered a common scheme by means of false, misleading, deceptive, and

7 fraudulent representations to induce members of the public to purchase the Products. Defendants

8 participated in the making of such representations in that each did disseminate or cause to be

9 disseminated said misrepresentations.

10 17. Defendants, upon becoming involved with the manufacture, distribution,

11 advertising, marketing, and sale of the Products, knew or should have known that the claims about

12 the Products and, in particular, the claims suggesting and outright stating that the Products will

13 produce stronger performance and recovery when training and exercising, were false and or

14 misleading. Among other things, since the first time that the Products were advertised,

15 Defendants have been aware that they, individually and/or collectively, do not possess the

16 competent or reliable scientific or other evidence to support their claims about the purported

17 benefits and effects of the Products. Defendants affirmatively misrepresented the "benefits" of

18 the Products in order to convince the public to purchase and use the Products, resulting in profits

19 of hundreds of thousands of dollars or more to Defendants, all to the damage and detriment of the

20 consuming public. Thus, in addition to the wrongful conduct herein alleged as giving rise to

21 primary liability, Defendants further aided and abetted and knowingly assisted each other in

22 breach of their respective duties and obligations as herein alleged.

23
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24 CLASS ACTION ALLEGATIONS
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25 18. Plaintiff brings this action on her own behalf and on behalf of all other persons
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26 similarly situated. The Class which Plaintiff seeks to represent comprises:

27 All persons who purchased the Products in the State of California

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28
December 12, 2008 through the present. Excluded from the Class
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CLASS ACTION COMPLAINT
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are Defendants' officers, directors, and employees, and any
individual who received remuneration from Defendants to act as an
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2 endorser of the Products.

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Said definition may be further defined or amended by additional pleadings, evidentiary
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hearings, a class certification hearing, and orders of this Court.
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19. The Class is comprised of many thousands of persons throughout the State of
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California. The class is so numerous that joinder of all members is impracticable and the
6
disposition of their claims in a class action will benefit the parties and the Court.
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20, There is a well-defined community of interest in the questions of law and fact
8
involved affecting the patties to be represented. The representations made by Defendants are
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consistent and uniform and are contained in advertisements and on packaging that was seen and
10
relied on by the class representative and all members of the Class. The questions of law and fact
11
common to the Class predominate over questions which may affect individual Class members.
12
Common questions of law and fact include, but are not limited to, the following:
13
a. Whether Defendants represented that the Products have characteristics, benefits,
14
uses, or quantities which they do not have
15
b. Whether Defendant's conduct was likely to deceive consumers.
16
c. Whether Defendants' conduct is an unlawful business act or practice within the
17
meaning of Business and Professions Code section 17200, et seq.;
18
d. Whether Defendants' conduct is a fraudulent business act or practice within the
19
meaning of Business and Professions Code section 17200, et seq:;
20
e. Whether Defendants' advertising is untrue or misleading within the meaning of
21
Business and Professions Code section 17500, et seq.;
22

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21. Plaintiff's claims are typical of the claims of the proposed Class, as the
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representations made by Defendants in advertisements and on packaging relied upon by Plaintiff
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are consistent and uniform on all of the products. . Thus, there exists a presumption that all Class
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members relied upon said uniform and consistent adveltising and representations to their
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:. 1 22. Plaintiff will fairly and adequately represent and protect the interests of the
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2 proposed Class. There is no conflict between Plaintiff and other members of the class. Plaintiff
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3 has retained competent and experienced counsel in class action and other complex litigation.

4 23. Plaintiff and the Class have suffered injury in fact and have lost money as a result

5 of Defendants' false, deceptive, and misleading representations.

6 24. The Products as purchased by the Plaintiff and the Class were and are unsatisfactory

7 and worth less than the amount paid for.

8 25 . Plaintiff would not have purchased the Products but for the representations by

9 Defendants about the Products.

10 26. The Class is identifiable and readily ascertainable. Notice can be provided to such

11 purchasers using techniques and a form of notice similar to those customarily used in class

12 actions, such as by internet publication, radio, newspapers, and magazines.

13 27. A class action is superior to other available methods for fair and efficient

14 adjudication of this controversy. The expense and burden of individual litigation would make it

15 impracticable or impossible for proposed members of the Class to prosecute their claims

16 individually.

17 28. The trial and the litigation of Plaintiffs claims are manageable.

18 29. Defendants have acted on grounds applicable to the entire Class, thereby making

19 final injunctive relief and/or corresponding declaratory relief appropriate with respect to the Class

20 as a whole. The prosecution of separate actions by individual Class members would create the

21 risk of inconsistent or varying adjudications with respect to individual member of the Class that

22 would establish incompatible standards of conduct for Defendants.

23 30. Absent a class action, Defendants will retain the benefits of their wrongdoing.
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24 Because of the small size of the individual Class members' claims, few, if any, Class members
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25 could afford to seek legal redress for the wrongs complained of herein. Absent a representative .
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26 action, the Class members will continue to suffer losses and Defendants will be allowed to
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27 continue these violations of law and to retain the proceeds of their ill-gotten gains.
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CLASS ACTION COMPLAINT
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FACTS AND DEFENDANTS' COURSE OF CONDUCT

2 31. As the use of fitness products has become more prevalent among the consuming

3 public, so, too have the incidences of false and misleading claims about such products. With the

4 ever increasing health concerns and scientific revelations regarding the care for one's physical

5 fitness, as well as the consuming public' s desire for a healthier and more attractive appearance,

6 the athletic-wear/fitness product business has prospered in recent years, and in particular, with

7 regard to such products which promise faster, easier results. Indeed, over the course of the last

8 decade, the fitness product industry has become one of the leading consumer businesses in the

9 United States, with overall revenues in the billions of dollars.

10 32. In an effort to capitalize on this growing and robust market, manufacturers routinely

11 make far-fetched claims about the benefits of a product and advertise said product as though it

12 could provide results that it has not and cannot substantiate with competent and reliable scientific

13 evidence as to make receiving the intended benefit illusory.

14 33. These "snake oil salesmen" engage in marketing campaigns that suggest to

15 vulnerable consumers with less than perfect bodies or physical fitness abilities that a particular

16 product will produce "maximum explosive power, acceleration and long-term endurance," while,

17 in fact, there is no reliable support or basis for such claims whatsoever.

18 34. In their marketing of the Product, Defendants have "followed the playbook" to the

19 letter. Defendants' website (www. adidas.com).print media, and its packaging and labeling

20 reiterate those very same claims, and state, among other things:

21 a. "techjit thatfocuses your muscles and strategic zones designed for better rec()velY all

22 make these tights as hard-working as you are. "

23 b. " tech.fit focuses your muscles energy to generate maximum explosive power.

24 acceleration and long-term endurance"

25 c. "By reducing muscle vibration with compression fabric, the women's adidas Tee-Nit

26 Three-Quarter Tights give your muscles more energy alld less fatigue when you

.... 27 truin. "

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CLASS ACTION COMPLAINT
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. d. "This t op featu res allover CLIMACOOL@ ventilation, ]1>U power band support and
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3 e. "tech}i! powerweb activelv supports muscles, boosting power output and energy

4 efficiency. "

5 f. Bu ilt for more muscle power and hard-hitting comfort, these adidas Techfit Powerweb

6 Compression Shorts sport allover CLIMACOOL@ ventilation, TPU power bands .for

7 accelerated lateral and vertical motion and a tecfitTM design for enhanced muscle

8 support on the basketball court.

9
35. Defendants' claims about the Products lead people to believe that use of the
10
Products will produce faster, easier results when it comes to muscle output, power, perfonnance
11
and stamina. The claims are false, deceptive, and misleading.
12
36. During the course of their false, misleading, and deceptive advertising campaign,
13
Defendants have sold hundreds of thousands of units or more of the Products based upon
14
Defendants' false promises. Plaintiff and the Class have suffered injury in fact and have lost
15
money as a result of Defendants' false representations.
16

17
FIRST CAUSE OF ACTION
18
FALSE AND MISLEADING ADVERTISING IN VIOLATION OF BUSINESS &
19
PROFESSIONS CODE 17200, et seq.
20
(By Plaintiff against all Defendants)
21
37. Plaintiff repeats and realleges the allegations set forth in the preceding paragraphs
22
and incorporates the same as if set forth herein at length.
23
;:-:-.,} 38. This cause of action is brought pursuant to Business and Professions Code section
24
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17200, et seq., on behalf of Plaintiff and a Class consisting of all persons residing in the State of
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CLASS ACTION COMPLAINT
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39. Defendants in their advertising and packaging of the Products make false and
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2 misleading statements regarding the benefits and the efficacy of the Products, as set f0l1h in the
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3 examples above.

4 40. Defendants' claims about the Products lead people to believe that use of the

5 clothing Products will give consumers' muscles more energy and less fatigue when they train and

6 create accelerated lateral and vertical motion for enhanced muscle support.

7 41. Defendants do not have any competent and reliable evidence to support the claims

8 about the Products made in Defendants' advertising and on Defendants' packaging or label and

9 indeed said claims are false and or misleading.

10 42. Defendants knew that the claims that they made and continue to make about the

11 Products are false, misleading, and unsubstantiated.

12 43. As alleged in the preceding paragraphs, the misrepresentations by Defendants of the

13 _ material facts detailed above constitute an unfair, unlawful, and fraudulent business practice

14 within the meaning of California Business & Professions Code section 17200.

15 44. In addition, Defendants' use of various forms of advertising media to advertise, call

16- attention to, or give publicity to the sale of goods or merchandise which are not as represented in

17 any manner constitutes unfair competition, unfair, deceptive, untrue or misleading advertising,

18 and an unlawful business practice within the meaning of Business & Professions Code sections

19 17200 and 17531, which advertisements have deceived and are likely to deceive the consuming

20 public, in violation of Business & Professions Code section 17200.

21 45. There were reasonably available alternatives to further Defendants' legitimate

22 business interests, other than the conduct described herein.

23 46. All of the conduct alleged herein occurs and continues to occur in Defendants'
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24 business. Defendants' wrongful conduct is part of a pattern or generalized course of conduct
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25 repeated on thousands of occasions daily.
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26 47. Pursuant to Business & Professions Code sections 17203 and 17535, Plaintiff and
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27 the members of the Class seek an order of this COUl1 enjoining Defendants from continuing to

28 engage, use, or employ their practice of advertising the sale and use of the Products. Likewise,
10
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CLASS ACTION COMPLAINT
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"" Plaintiff and the members of the Class seek an order requiring Defendants to disclose such
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2 misrepresentations, and additionally request an order awarding Plaintiff and the Class restitution

3 of the money wrongfully acquired by Defendants by means of Defendants' failure to disclose the

4 existence and significance of said misrepresentations.

5 48. Plaintiff and the Class have suffered injury in fact and have lost money or property

6 as a result of Defendants' false representations.

7 49. The Products as purchased by the Plaintiff and the Class were and are unsatisfactory

8 and worth less than the amount paid for.

9 50. Plaintiff would not have purchased the Products but for the representations by

10 Defendants about the Products.

11

12 SECOND CAUSE OF ACTION

13 FALSE AND MISLEADING ADVERTISING IN VIOLATION OF BUSINESS &

14 PROFESSIONS CODE 17500, et seq.

15 (By Plaintiff against all Defendants)

16 51. Plaintiff repeats and realleges the allegations set forth in the preceding paragraphs

17 and incorporates the same as if set forth herein at length.

18 5 2. This cause of action is brought pursuant to Business and Professions Code section

19 175 00, et seq., on behalf of Plaintiff and the Class consisting of all persons residing in the State of

20 Califomia who purchased the Products for personal use and not for resale.

21 53. In its advertising of the Products, Defendants knowingly make false and misleading

22 statements regarding the benefits and the effects of the Products, as set forth in the examples

23 above.

24 54, Defendants' claims about the Products lead people to believe that use of the
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26 train and exercise,

27
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11
CLASS ACTION COMPLAINT
 1 55. Defendants d o not have any competent and reliable evidence t o support the claims

2 about the Products made in Defendants' advertising and on Defendants' packaging or label and

3 indeed said claims are false and or misleading

4 56. Defendants knew that the claims that they made and continue to make about the

5 Products are false, misleading, and unsubstantiated.

6 5 7. Plaintiff would not have purchased the Products but for the representations by

7 Defendants about the Products.

8 58. Plaintiff and the Class have suffered injury in fact and have lost or property as a

9 result of Defendants' false representations.

10 59. The Products as purchased by the Plaintiff and the Class were and are unsatisfactory

11 and worth less than the amount paid for.

12 60. As alleged in the preceding paragraphs, the misrepresentations by Defendants of the

13 material facts detailed above constitutes an unfair, unlawful, and fraudulent business practice

14 within the meaning of Califomia Business & Professions Code section 175 00.

15 61. In addition, Defendants' use of various fOTITIS of advertising media to advertise, call

16 attention to, or give publicity to the sale of goods or merchandise which are not as represented in

17 any manner constitutes unfair competition, unfair, deceptive, untrue or misleading advertising,

18 and an unlawful business practice within the meaning of Business & Professions Code sections

19 17200 and 175 31, which advertisements have deceived and are likely to deceive the consuming

20 public, in violation of Business & Professions Code section 17500.

21 6 2. Pursuant to Business & Professions Code sections 17203 and 17535, Plaintiff and

22 the members of the Class seek an order of this Court enjoining Defendants from continuing to

23 engage, use, or employ their practice of advertising the sale and use of the Product. Likewise,

24 Plaintiff and the members of the Class seek an order requiring Defendants to disclose such
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25 misrepresentations, and additionally request an order awarding Plaintiff and the Class restitution

26 of the money wrongfully acquired by Defendants by means of responsibility attached to

27 Defendants' failure to disclose the existence and significance of said misrepresentations.

28
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CLASS ACTION COMPLAINT
 THIRD CAUSE OF ACTION

VIOLATION OF CALIFORNIA CIVIL CODE 1750, et seq.

(By Plaintiff against all Defendants)

63. Plaintiff repeats and realleges the allegations set forth in the preceding paragraphs

and incorporates the same as if set forth herein at length.

64. This cause of action is brought pursuant to Civil Code section 175 0, et seq., the

Consumers Legal Remedies Act, on behalf of Plaintiff and a Class consisting of all persons

residing in the State of California who purchased the Product for personal use and not for resale.

65. The Class consists of thousands of persons, the joinder of whom, is impracticable.

66. There are questions of law and fact common to the class, which questions are

substantially similar and predominate over questions affecting the individual members, including

but not limited to: (a) Whether Defendantrepresented that the Product has characteristics, benefits,

uses, or quantities which they do not have; (b) Whether the existence, extent, and significance of

the major misrepresentations regarding the purported benefits, characteristics, and efficacy of the

Products violate the Act; and (c) Whether Defendants knew of the existence of these

misrepresentations.

67. The policies, acts, and practices heretofore described were intended to result in the

sale of the Products to the consuming public, particularly those concemed about the appearance

and health of their bodies, and violated and continue to violate section 1770(a)(5) of the Act by

representing that the Products have characteristics, benefits, uses, or quantities which it does not

have.

68. Defendants fraudulently deceived Plaintiff and the Class by representing that the

Products have certain characteristics, benefits, uses, and qualities which it does not have (e. g.,

clothing which provides muscle strength, power and endurance). In doing so, Defendants

intentionally misrepresented and concealed material facts from Plaintiff and the Class, specifically

that the Products are proven to generate stronger muscle power and regeneration. Said

misrepresentations and concealment were done with the intention of deceiving Plaintiff and the
. Class and depriving them of their legal rights and money.
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CLASS ACTION COMPLAINT
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"." 1 69. Defendants' claims about the Products lead people to believe that use of the
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2 clothing Products will produce stronger muscles and less fatigue while training and exercising.
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3 70. Defendants knew that the claims concerning the Product's purported benefits were

4 false and or misleading.

5 71. Defendants' actions as described hereinabove were done with conscious disregard

6 of Plaintiff's rights, and Defendants were wanton and malicious in their concealment of same.

7 72. Plaintiff and the Class have suffered injury in fact and have lost or property as a

8 result of Defendants' false representations.

9 73. The Product as purchased by the Plaintiff and the Class was and is unsatisfactory

10 and worth less than the amount paid for.

11 74. Plaintiff would not have purchased the Product but for the representations by

12 Defendants about the products.

13 75. Pursuant to section 1780(a) of the Act, Plaintiff seeks injunctive relief in the form

14 of an order enjoining the above-described wrongful acts and practices of Defendants, including,

15 but not limited to, an order:

16 A. Enjoining Defendants from continuing to make the statements set forth

17 above;

18 B. Enjoining Defendants from continuing to offer for sale any unit of the

19 Product that contains any false, misleading, and/or unsubstantiated

20 statements and claims on its packaging and/or its label, including, without

21 limitation, those statements and claims set forth above;

22 C. Ordering that Defendants immediatel y recall any and all units of the Product

23 that contain any false, misleading, and/or unsubstantiated statements and

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24 claims on them and/or their labels, including, without limitation, those
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25 statements and claims set forth above;
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26 D. Enjoining Defendants from continuing to use the packaging and label that it

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3 76. Plaintiffs shall be irreparably harmed if such an order is not granted.

5 PRAYER FOR RELIEF

6 WHEREFORE, Plaintiff, individually and on behalf of all others similarly situated, prays

7 for judgment and relief on all Causes of Action as follows:

8 A. An order certifying that the action may be maintained as a Class Action;

9 B. For an award of restitutionary damages in an amount according to proof at

10 trial;

11 C. An order enjoining Defendants from pursuing the policies, acts, and

12 practices complained of herein and requiring Defendants to pay restitution

13 to Plaintiff and all members of the Class;

14 D. For pre-judgment interest from the date of filing this suit;

15 E. Reasonable attorney fees;

16 F. Costs of this suit; and

17 O. Such other and further relief as the Court may deem necessary or

18 appropriate.

19

20
DATED: December 12, 2012 MILSTEIN ADELMAN LLP
21

22
B
23
ir
aul D. Stevens
24 Shireen Mohsenzadegan
i\.) Attorneys for Plaintiff Paul Martin
25
i,...

!\.)
26

27
1\')
28
j"...,... 15
CLASS ACTION COMPLAINT
i\,,)
; ....;:.

J1JRY TRIAL DEMANDED

2 Plaintiff demands a jury trial on all triable issues,

4
DATED: December 12, 2012 MILSTEIN ADELMAN, LLP
5

6 By:
7 Paul D. Stevens
Shireen Mohsenzadegan
8 Attorneys for Plaintiff Paul Martin

10

11

12

13

14

15

16

17

18

19

20

21

22

25

,.",.; 26

27

r',") 28
16
CLASS ACTION COMPLAINT
 ",

EXHIBIT 1
i\ )
: "",'
 MILSTEIN
2800 DONALD DOUGLAS LOOP NOFT"'i
SANTA MONICA. CALIFORNIA 9()/.l05

ADELMANLLP Tel 310 . .396.9600 Fax 310.396.96:5

w\vw.rnl!steinC)eJelrnan.conl

Please Reply To:

Shireen Mohsenzadegan, Esq.
smohsenzadegan@milsleinadelman.com

August 23, 2012

VIA CERTIFIED U.S. MAIL

Adidas America, Inc.

Kristin Terry
1300 S W 5th Avenue, Ste 2300
Portland, OR 97201

DWT California, Inc.

865 S Figueroa St., Ste 2400
Los Angeles, CA 90017

Re: Violation of the California Consumer Legal Remedies Act Regarding

Advertising and Marketing of Adidas Techfit Products

To whom it"may concern:

You are hereby notified that Adidas America, Inc. ("Defendant") has violated and
continues to violate provisions of the California Consumer Legal Remedies Act, California
Civil Code sections 1750, el seq., (the "CLRA") with respect to the advertising and
marketing of Adidas' Techfit Products, including but not limited to the Techfit Powerweb
Compression Top, the Techfit Powerweb Compression Shorts, and the Techfit Tights
("Techfit Products"). Defendant's false and deceptive advertising and marketing of the
Techfit Products has affected Paul Martin - who purchased various items among
Defendant's "Techfit" line of clothing, including the Techfit Powerweb Compression Top,
Techfit Powerweb Compression Shorts, and the Techfit Tights - and thousands of other
similarly situated California consumers (the "Plaintiff Class").

The Plaintiff Class has entered and continues to enter into transactions and expend
money in reliance upon the uniform false and misleading claims and advertising relating to
the Techfit Products. This letter shall outline: (1) the Defendant's false and misleading
representations, (2) the basis of Mr. Martin's and the Plaintiff Class complaint, and (3) Mr.
Martin's and the Plaintiff Class' demand for relief.

\ ...,:
 I. DEFENDANT'S FALSE AND MISLEADING REPRESENTATIONS

Defendant maintains an extensive, comprehensive, and uniform nationwide marketing

campaign, that claims its Techfit Products "focus your muscles' energy to generate
maximum explosive power, acceleration and long-term endurance". Defendant falsely
claims that exercising while wearing Techfit Products "gives your muscles more energy and
less fatigue when you train" and "provides for better recovery" after training.

Defendant's false and misleading representations concerning the advertising,

marketing, and packaging of the Techfit Products further includes, by way of example and
without limitation, the following:

"Your muscles will thank you when you work out in these men's adidas Techfit
Recovery Long Tights. "

o "techfit that focuses your muscles and strategic zones designed for
better recovery all make these tights as hard-working as you are. "

"techfit focuses your muscles energy to generate maximum explosive power,

acceleration and long-term endurance))

"By reducing muscle vibration with compression fabric, the women's adidas
Techfit Three-Quarter Tights give your muscles more energy and less fatigue
when you train. ))

"The adidas Techfit Powerweb Compression Top keeps you going strong when
all the other guys on the basketball court are dropping like flies))

o "This top features allover CLIMACOOL ventilation, TPU power band

support and an aggressive/itfor more explosive muscle power. ))

o "techfit power-web actively supports muscles, boosting power output

f iciency. "
and energy ef

Built for more muscle power and hard-hitting comfort, these adidas Techfit
Powerweb Compression Shorts sport allover CLIMACOOL ventilation,
TPU power bands for accelerated lateral and vertical motion and a techfit
design for enhanced muscle support on the basketball court.

\,.,)

- 2-
 II. BASIS OF THE COMPLAINT

Defendant has no reasonable scientific basis for its claims that any of its Techfit
r"') Products actually provide any of the claimed benefits, despite giving the impression that
there is such reliable scientific proof. Accordingly, Defendant is in violation of the
California Civil Code sections 1770(a)(5) and 1770(a)(7), respectively, by representing that
the Techfit Products: (1) have characteristics, uses, and benefits which they do not have,
and (2) are of a particular standard, quality, or grade when they is of another.

III. DEMAND FOR RELIEF

Notwithstanding the foregoing, claimant believes resolution may be reached without

the necessity of formal I itigation on the following terms, if Defendant so chooses.

Demand is hereby made that Defendant agrees, within 30 days of receipt of this
Notice, to do and complete the following:

A. Provide copies of the clinical studies, clinical trials, test results, and
scientific literature, if any, which substantiate the aforementioned
claims concerning the Techfit Products.

B. Change and or Modify Defendant's Advertising of the Techfit Products

Absent appropriate substantiation, demand that Defendant change and or modify its
advertising of the Techfit Products and:

(1) remove all false and misleading claims from the .Iabels and packaging of
the Techfit Products;

(2) remove all references in the Techfit Products advertising to any and all
false and misleading claims; and

(3) immediately cease making any and all false and misleading claims about
the Techfit Products.

C. Restitution to the Plaintiff Class

We request that you offer Mr. Martin and the Plaintiff Class full restitution.
Specifically, provide a consumer fund in an amount sufficient to provide each and every
class member with a full refund for each and every one of the Techfit Products purchased.
Of course, this would be subject to our review, as class counsel, of appropriate financial
1\")
information detailing all sales made to California consumers during the Class Period.

....... ,!
......'...
-3-
 If you wish to discuss the above, please do not hesitate to contact the undersigned at
310-396-9600. If we do not hear from you prior to the close of business on September 24,
2012, then we will assume that Defendant has no interest in attempting to amicably resolve
this matter, per c.c.P. 1750, et seq. and we will file our Complaint forthwith.

Shireen Mohsenzadegan

SM:cn

.""

\\.)

-4-
,-----
- --
--- -

"
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale Bar numb er. and address):
ORIGI/:l4L
FOR COURT USE ONL Y
,I:;- MILSTEIN ADELMAN, LLP
Paul D, Stevens, State Bar No, 207107, Shireen Mohsenzadegan, State Bar No, 237882
. ,) 2800 Donald Douglas Loop North
Santa Monica, California 90405
TELEPHONE NO.
Vaul Martin
10) 396-9600 FAX NO.: (310) 396-9635 FILED .
S SUPERIOR
COUlt'r
, ATTORNEY FOR (Namer I_OS ANGELE
Los Angeles
DEC 12 201'l
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
..:
.
STREET ADDRESS: 111 N. Hill Street

JC
MAILING ADDRESS: 111 N. Hill Street
Lm: An (7P I P';: r A QOO 1 ?
IEos Arigeles; CQilntY Stipei'io.(CO'illi ......
CITY AND ZIP CODE:

BRANCH NAME:

CASE NAME:
RES, OEP
Paul Martin v Adidas, Inc. BY MARY F _

CIVI L CASE COVER SHEET

CASE NUMBER:
Complex Case Designation
[Z] Unlimited D Limited
(Amount (Amount D D Counter Joinder

Be 49 722 3
JUDGE:
demanded demanded is Filed with first appearance by defendant
$25,000 or less)
exceeds $25,000) (Cal. Rules of Court, rule 3.402) DEPT:

Items 1-6 below must be completed (see instructIOns on page 2).

1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Clvl
D (Cal. Rules of Court, rules f'f-"""JJ..l;J=='J
D Auto (22) Breach of contracVwarranty (06)
D Uninsured motorist(46) . D Rule 3.740 collections (09) D AntitrusVTrade regulat
Other PIIPDIWD (PersonallnjuryJProperty D Other collections(09) D Construction defect(10)
DamagelWrongful Death) Tort D Insurance coverage(18) D Mass tort(40)
D Asbestos(04) D Other contract(37) D Securities litigation(28)
D Product liability(24) Real Property D EnvironmentallToxic tort(30)
D Medical malpractice(45) D Eminent domainllnverse D Insurance coverage claims arising from the
D Other PIJPDIWD (23) condemnation (14) above listed provisionally complex case
Non-PIJPDIWD (Other) Tort D Wrongful eviction(33) types(41)

[2J Business tortlunfair business practice(07)

D Other real property(26) Enforcement of Judgment

D Civil rights(08) Unlawful Detainer D Enforcement of judgment(20)

D Defamation(13) D Commercial(31) Miscellaneous Civil Complaint

D Fraud(16) D Residential(32) D RICO(27)

D Intellectual property(1 9) D Drugs (38) D Other complaint (not specified above) (42)
D Professional negligence (25) Judicial Review
Miscellaneous Civil Petition
D Other non-PIJPDIWD tort (35) D Asset forfeiture(05) D Partnership and corporate governance(21)
Employment D Petition re: arbitration award ( 1 1 )
D i
O her petition (not specified above) (43)
D Wrongful termination(36) D Writ of mandate (02)
D Other employment(15) D Other judicial review(39)
2. This case is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. D Large number of separately represented parties d. [Z] Large number of witnesses
b. D Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c. w Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision
3. Remedies sought (check aI/ that apply): a. [2J monetary b. oz]nonmonetary; declaratory or injunctive relief c. D punitive
4. Number of causes of action (specify): Three (3)
5. This case [2J is D is not a class action suit.
6. If there are any known related cases, file and serve a notice of related case. ( !'ou

H, Date: December 12, 2012

. !,.Shireen Mohsenzadegan
.
,"' (TYPE OR PRINT NAME)
NOTICE
". Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
r.. File this cover sheet in addition to any cover sheet required by local court rule.
If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
, " .' Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
is. e 1 of2

( "" Form Adopted for Mandatory Use CIVIL CASE COVER SHEET
Cal. Rules of COUll, rules2.30. 3.220. 3.40()"'3.403, 3.740:
'_.' Judicial Council of California Cal. Standards 01 Judicial Administration, Sid. 3.10
!_ ..; CMOl0 IRev. July 1,2007J

www.courtinlo.ca.gov
 "
.
'
CM-0 1 0
i","::' I N STRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. I f you are filing a first paper (for example, a complaint) in a civil case, you must
r<complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1 . This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1 , you must check
"
" one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
!",!check the more speCific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
i\.. heet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction i n
which property, services, or money w a s acquired on credit. A collections case does not include an action seeking the following: ( 1 ) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prej udgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obta ining a judgment in rule 3.740.
To Parties in Complex Cases. I n complex cases only, parties must also use the Civil Case Cover Sheet to deSignate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex.
CASE TYPES AND EXAMPLES
Auto Tort Contract Provisionally Complex Civil litigation (Cal.
Auto(22)-Personal lnjury/Property Breach of ContractlWarranty(06) Rules of Court Rules 3.400-3.403)
DamagelWrongful Death Breach of Rental/Lease AntitrusVTrade Regulation(03)
Uninsured Motorist(46) (if /he Contract (not unlawful detainer Construction Defect( 1 0)
case involves an uninsured or wrongful eviction) Claims I nvolving Mass Tort(40)
motoris t claim s ubject to ContractlWarranty Breach-Seller Securities Litigation(28)
arbitration, check this item Plaintiff (not fraud or negligence) EnvironmentalfToxic Tort(30)
instead of Auto) Negligent Breach of ContracV I nsurance Coverage Claims
Other PI/POIWO (Personal lnjuryl Warranty (arising from provisionally complex
Property OamagelWrongful Death) Other Breach of ContractlWarranty case type lis ted above)(4 1 )
Tort Collections(e.g., money owed , open Enforcement o f Judgment
Asbestos(04) book accounts)(09) Enforcement of Judgment (20)
Asbestos Property Damage Collection Case-Seller Plaintiff Abstract of Judgment(Out of
Other Promissory Note/Collections County)
Asbestos Personal Injury/
Wrongful Death Case Confession of Judgment (non
Insurance Coverage (not provisionally domes tic relations)
Product Liabilily (not asbes tos or
complex) (18) Sister State Judgment
toxiclenvironmentaQ (24)
Medical Malpractice(45) Auto Subrogation Administrative Agency Award
Medical Malpractice Other Coverage (not unpaid taxes)
Physicians & Surgeons Other Contract(37) Petition/Certification of Entry of
Other Professional Heallh Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Case
Other PI/PDIWD(23) Real Property
Eminent Domainllnverse Miscellaneous Civil Complaint
Premises Liability (e.g., slip
Condemnation(14) RICO (27)
and fall)
Intentional Bodily Injury/PDIWD Wrongful Eviction(33) Other Complaint (not specified
above) (42)
(e.g., assault, vandalism) Other Real Property(e.g., quiet title) (26)
Declaratory Relief Only
Intentional Infliction of Writ of Possession of Real Property
Injunctive Relief Only (non
Emotional Distress Mortgage Foreclosure
harassment)
Negligent Infliction of Quiet Title
Mechanics Lien
Emotional Distress Olher Real Property (not eminent
Other PIIPDIWD Other Commercial Complaint
domain, land/ordltenant, or
Case (non-tortlnoncomplex)
Non-PI/POIWD (Other) Tort foreclos ure)
Other Civil Complaint
Business Tort/Unfair Business Unlawful Detainer
(non-tortlnoncomplex)
Practice(07) Commercial(31)
Miscellaneous Civil Petition
Civil Rights(e.g. , discrimination, Residential(32) Partnership and Corporate
false arrest) (not civil Drugs (38) (if the case involves iIIega/ Governance (21)
harassment) (08) drugs, check this item; otherwise, Other Petition (not specified
Defamation(e.g., slander, libel) report as Commercial or Residential) above) (43)
(1 3) Judicial Review Civil Harassment
;,;, Fraud(1 6) Asset Forfeilure(05) Workplace Violence
Intellectual Property(19) Pelilion Re: Arbitration Award(1 1 ) Elder/Dependent Adult
il ).
Professional Negligence(25) Writ o f Mandate(02) Abuse
Legal Malpraclice Writ-Administrative Mandamus Election Contest
Other Professional Malpractice Writ-Mandamus on Limited Court
Petition for Name Change
;.!>
(not medical or /egal) Case Maller Petition for Relief From Late
Other NonPI/PDIWD Tort(35) Writ-Other Limited Court Case Claim
;... El11ployment
... Review Other Civil Petition
Wrongful Termination(36) Other Judicial Review(39)
'_" Other Employment(15) Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
..co,o IRev. July ' . 2007) Page 2 of 2
=.,.;.) CIVIL CASE COVER S H E ET
i'SHORT TITLE: CASE NUMBER
Paul Martin v Adidas, I nc.

C IVIL CASE COVER S H EET A D D E N D U M AND

STAT E M E NT OF LOCATI O N
(C ERTIFICATE OF G RO U N D S F O R ASSI G N M E N T TO C O U RTHOUSE LOCATION)

T h i s form is required p u rs uant to Local R u l e 2.0 i n all n e w civil c a s e filings in the Los Angeles Superior Court.

Item I. C heck the types of hearing and fil l in the estimated length of hearing expected for this case:

JURY TRIAL? !lJ YES C LASS ACTION? 0 YES LIMITED CASE? D YES TIME ESTIMATED FOR TRIAL 10 0 HOURS/ 0 DAYS

Item I I . I n d icate the correct d istrict and courthouse location (4 steps - If you checked "Limited Case", skip to Item I I I , Pg. 4):

Step 1 : After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your
case i n the left margin below, a nd , to the right in Column A. the Civil Case Cover Sheet case type you selected .

Step 2: Check one S u perior Court type of action in Col umn 8 below which best describes the nature of this case.

Step 3: In Column C, circle the reason for the court location choice that applies to the type of ac
checked. For any exception to the court location, see Local Rule 2 . 0 .
JA{Q) -

Applicable Reasons fo r Choosing Courthouse Location (see Column C below)

1. Class actions must be filed in the Stanley Mosk Courthouse, central district. 6. Location of property or permanently garaged vehicle.
2. May be filed in central (other county. or no bodily injury/property damage). 7. Location where petitioner resides.
3. Location where cause of action arose. 8. Location wherein defendanVrespondent functions wholly.
4. Location where bodily injury, death or damage occurred. 9. Location where one or more of the parties reside.
5. Location where performance required or defendant resides. 1 0. Location of Labor Commissioner Office

Step 4: Fill in the information requested on page 4 in Item I I I ; complete Item IV. Sign the declaration.

Auto (22) o A7 1 00 Motor Vehicle - Personal Injury/Property DamagelWrongful Death 1 ., 2., 4.

Uninsured Motorist (46) o A71 1 0 Personal lnjury/Property DamagelWrongful Death - Uninsured Motorist 1 ., 2., 4.

0 A6070 Asbestos Property Damage 2.

Asbestos (04)
0 A7221 Asbestos - Personal InjurylWrongful Death 2.

Product Liability (24) 0 A7260 Product Liability (not asbestos or toxic/environmental) 1 . , 2., 3., 4., 8.

0 A72 1 0 Medical Malpractice - Physicians & Surgeons 1 ., 4.

Medical Malpractice (45)
0 A7240 Other Professional Health Care Malpractice 1 . , 4.

0 A7250 Premises Liability (e.g., slip and fall)

1 . , 4.
Other
Personal Injury 0 A7230 Intentional Bodily Injury/Property DamagelWrongful Death (e.g.,
1 . , 4.
Property Damage assault, vandalism, etc.)
Wrongful Death 1 . , 3.
0 A7270 Intentional Infliction of Emotional Distress
(23)
1 . , 4.
0 A7220 Other Personal lnjury/Property DamagelWrongful Death '

\.}
!-;AC IV 1 09 (Rev. 03/1 1 ) C IVIL CASE C OVER SH EET ADDENDUM Local Rule 2.0
',--,

.!,;ASC Approved 03-04 AND STAT E M E NT OF LOCATION Page 1 of 4

!
1 - _::'

' SHORT TITLE: CASE NUMBER

Paul Martin v Ad idas, I nc.

A 8 C
Civil Case Cover Sheet Type of Action Applicable Reasons -
Calegory No. (Check onIY'one) See Slep 3 Above

Business Tort (07) 121 A6029 Olher Commercial/Business Tort (not fraud/breach of contract) 1 . , 3.

1i
01 1-
Civil Rights (OB) 0 A6005 Civil RightslDiscrimination 1 ., 2., 3.
a.
0 ...
... I'll
D.. QI
- 0 Defamation ( 1 3) 0 A60 1 0 Defamation (slander/libel) 1 ., 2., 3.
?:- -
::s ::s
._ ....
c m
- c Fraud ( 1 6) 0 A60 1 3 Fraud (no contract) 1 ., 2., 3.
co e
5
CiJ 0 A60 1 7 Legal Malpractice 1 . , 2., 3.
01 m
D.. I'll Professional Negligence (25)
C: E 0 A6050 Other Professional Malpractice (not medical or legal) 1 . , 2., 3.
o I'll
Z O

Other (35) 0 A6025 Other Non-Personal Injury/Property Damage tort 2.,3 .

...
C Wrongful Termination (36) 0 A6037 Wrongful Termination 1 ., 2., 3.
01

Ci.
0 p
A6024 Other Employment Com laint Case 1 . , 2., 3.
Other Employment (1 5)
E 0 A6109 Labor Commissioner Appeals 10.
w

0 A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful

2., 5.
eviction)
Breach of ContracU Warranty 2., 5.
(06) 0 A600B ContracUWarranty Breach -Seller Plaintiff (no fraud/negligence)
(not insurance) 1 ., 2., 5.
0 A60 1 9 Negligent Breach o f ContracUWarranty (no fraud)
1 ., 2., 5.
0 A602B Other Breach of ContracUWarranty (not fraud or negligence)

o
0 A6002 Collections Case-Seller Plaintiff 2., 5., 6.

c Collections (09)
o 0 A601 2 Other Promissory Note/Collections Case 2., 5.
u

Insurance Coverage ( 1 B) 0 A60 1 5 Insurance Coverage (not complex) 1 ., 2., 5., B.

0 A6009 Contractual Fraud 1 ., 2., 3., 5.

Other Contract (37) 0 A6031 Tortious Interference 1 . , 2., 3., 5.

0 A6027 Other Contract Dispute(not breachlinsurance/fraud/negligence) 1 . , 2 . , 3., B.

Eminent Domainllnverse
0 A7300 Eminent Domain/Condemnation Number of parcels___ 2.
Condemnation ( 1 4)

Wrongful Eviction (33) 0 A6023 Wrongful Eviction Case 2., 6.

0 A601 8 Mortgage Foreclosure 2., 6.

Other Real Property (26) 0 A6032 Quiet Tille 2., 6.

0 A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure) 2 . , 6.

Unlawful Detainer-Commercial
0 A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) 2., 6.
(31)

Unlawful Detainer-Residential
0 A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction) 2., 6.
(32)

Unlawful Detainei'-
0 A6020F Unlawfut Detainer-Post-Foreclosure 2., 6.
Post-Foreclosure (34)

Unlawful Detainer-Drugs (38) 0 A6022 Unlawful Detainer-Drugs 2., 6.

: lACIV 1 09 (Rev. 03/1 1 ) C IV I L CASE C OVER S H EET A D D E N D U M Local Rule 2.0

LASC Approved 03-04 A N D STAT E M E N T OF LOCATION Page 2 of 4
 - --------

SHORT TITLE: CASE NUMBER

Paul Martin v Ad idas, Inc,

A B C
Civil Case Cover Sheet Type of Action Applicable Reasons -
Category No, (Check only one) See Step 3 Above

Asset Forieiture (05) 0 A6108 Asset Forieiture Case 2,, 6.

Petition re Arbitration ( 1 1 ) 0 A61 1 5 Petition t o CompellConfirmNacate Arbitration 2., 5.

0 A61 51 Writ - Administrative Mandamus 2., 8.

Writ o f Mandate (02) 0 A6152 Writ - Mandamus on Limited Court Case Matter 2.

0 A6153 Writ - Other Limited Court Case Review 2.

Other Judicial Review (39) 0 A6150 Other Writ /Judicial Review 2., 8.

c: AntitrustlTrade Regulation (03) 0 A6003 AntitrustlTrade Regulation 1 ., 2 . , 8.

ItI
Construction Defect ( 1 0) 0 A6007 Construction Defect 1 ., 2., 3.
:.::;
>< Claims Involving Mass Tort
Q) 0 A6006 Claims Involving Mass Tort 1 ., 2,, 8.
Q. (40)
E
o
U Securities Litigation (28) 0 A6035 Securities Litigation Case 1 . , 2., 8.

"iii
c:
o Toxic Tort
0 A6036 Toxic TortlEnvironmental 1 ., 2., 3. , 8.
'u; Environmental (30)
'
:;
2 Insurance Coverage Claims
11. 0 A6014 Insurance Coverage/Subrogation (complex case only) 1 ., 2 . , 5. , 8.
from Complex Case (4 1 )

0 A6141 Sister State Judgment 2., 9.

c 1:: 0 A6160 Abstract of Judgment 2 . , 6.

Q) Q)
E E 0 A6107 Confession of Judgment (non-domestic relations) 2., 9.
Q) en Enforcement
-c of Judgment (20) 0 A6140 Administrative Agency Award (not unpaid taxes) 2., 8.
J:!
c: _
W 0 0 A61 1 4 Petition/Certificate for Entry of Judgment on Unpaid Tax 2., 8.

0 A61 1 2 Other Enforcement o f Judgment Case 2., 8., 9.

RICO (27) 0 A6033 Racketeering (RICO) Case 1 . , 2., 8.

III .!!!
::::I c:
o iii '
0 A6030 Declaratory Relief Only 1 . , 2., 8.
Q.
E
Qj 0 Other Complaints 0 A6040 Injunctive Relief Only (not domestic/harassment) 2 . , 8.
u U
III (Not Specified Above) (42) 0 A60 1 1 Other Commercial Complaint Case (non-tortlnon-complex) 1 . , 2., 8.
u :;
'

0 A6000 Other Civil Complaint (non-tortlnon-complex) 1 ., 2., 8.

Partnership Corporation
0 A61 1 3 Partnership and Corporate Governance Case 2., 8.
Governance (2 1 )

0 A61 2 1 Civil Harassment 2., 3., 9,

0 A6123 Workplace Harassment 2., 3. , 9.

0 A6124 Elder/Dependent Adult Abuse Case 2., 3., 9.

Other Petitions
(Not Specified Above) 0 A6190 Election Contest 2.
(43)
0 A61 1 0 Petition for Change o f Name 2., 7.

0 A6170 Petition for Relief from Late Claim Law 2., 3., 4., 8.

0 A6100 Other Civil Petition 2., 9.

LACIV 1 09 (Rev. 03/ 1 1 ) C IVIL CASE C OVER S H EET ADDE N D U M Local Rule 2.0
LASC Approved 03-04 A N D STATEMENT O F LOCATION Page 3 of 4
 CASE NUMBER
Paul M artin v Adidas, Inc.

;.... ,ltem I I I . Statement of Location: Enter the address of the accident, party's residence or place of business, performance, or other
,c y ircumstance indicated in Item I I . , Step 3 on Page 1 , as the proper reason for filing in the court location you selected.
: 'L'

i
ADDRESS:

REASON: Check the a ppropriate boxes for the numbers shown

i under Column C for the type of action that you have selected for
this case.

0 1 . 0 2 . 03. 04. 0 5 . 0 6 . 0 7 . 08. 0 9 . 0 1 0.

CITY: STATE: ZIPCOD,

Item IV. Declaration of Assignment I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that the above-entitled matter is properly filed for assignment to the Stanley Mosk courthouse in the
C
_ n_
_e_ tr_1 _____ District of the Superior Court of California, County of Los Angeles [Code Civ. Proc.,
a_ 392 et seq., and Local
,Rule 2.0, subds. (b), (c) and (d)).

lDated : D ece mber 1 2 , 20 1 2

f\

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPE RLY
COMMENCE YOUR NEW C O U RT C A S E :

1. Original Complaint o r Petition.

2. If filing a Complaint, a completed Summons form for issuance by the Clerk.

3. Civil Case Cover Sheet, j u dicial Council form CM-01 0 .

4. Civil Case Cover Sheet Addendum and Statement o f Location form , LACIV 1 09, LASC App roved 03-04 (Rev.
.
03/1 1 ).

5. Payment in full of the fi ling fee, u n less fees have been waived.

6. A signed order appointing the Guardian ad Litem, J udicial Council form C IV-01 0, if the plaintiff or petitioner is a
minor under 1 8 years of age will be required by Court in order to issue a summons.

7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum
must be served along with the summons and complaint, o r other initiating pleading in the case.

('5.:(\CIV 1 09 (Rev. 03/1 1 ) C IV I L CASE COVER S H EET ADDENDUM Local Rule 2.0
id"-SC Approved 0304 A N D STAT E M E NT OF LOCATION Page 4 of 4

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