,f · concepts in the proposal were the property of king dba stages 'n' motfon and t,heir...
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LAw OFFIGESHART, WATTERS &
CARTER
,f
HART, WATTERS & CARTERA PROFESSIONAL lAW CORPOMTION
12400 WILSHIRE BLVD., SUITE 5OOLOS ANGELES, CA 9002$,1030
(310) 826_s202THOMAS L. WATTERS (State Bar No.78518)
Attorneys for Plainti f fHoward Scott King, formerly dbaStages 'N ' Mot j_on
HOWARD SCOTT KfNc, formerly dbaSTAGES 'N' MOTION
Pla in t i f f ,
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TOMMY LEE, aka THOIvIAS LEE BASS;MdTLEY CRUE, TNc. , a ca l i forn iacorporation; MOTLEY CRUB TOURfNGINC., a Cal i forn ia Corporat , ion;and DOES 1- l -00
CASE NO.
COMPI,AINT FOR:].. MISAPPROPRIATION OF TRADE
SECRETS UNDER CC S 3425 ETS E Q . ;
2. COMMON LAW MISAPPROPRIATIONOF TRADE SECRETS;
3. UNFAIR COMPETITTON UNDER B&PcoDE s l_7200;
4. Account ing5. BREACH OF PROMISE
( " LEE" ) i s an
Ehe County of Los
scl tr 85n
Defendants.
I .
GENERAL ALLEGATIONS
Pla in t i f f a l l eges as fo l l ows :
l-. Plainti f f HOWARD SCOTT KING ("KrNG,) is an individual
residing in the county of Los Angeles, state of cal i fornia, who
formerly did business as srAGEs 'N, MorroN. His principal place
of busj-ness is l-ocated at 9406 ventura way, chatsworth, cA, in the
County of Los Angeles, State of Cal i forn ia.
2. Defendant TOMMY LEE aka THoMAs LEE BAss
individual residing and maintaining an off ice in
' FITEDLOS ANGEI.F.S St ror:6r6ReouRr
SEP ? d ?O1Z
CASE l'/Ai.IAGEMENT CON FERENCE
JAN I I 2013
Normanpr#o$(F\ E S}.,r,SUPERIOR COURT OF THE STATE OF CALIFORNIA
- < \4 I \
FOR THE COUNTY OF LOS ANGELES - WEST DISTRICT
Complaint
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LAw OFFEESHART, WATTERS A
CARTER
'tAngeles, State of Cal i forn ia.
3. P la in t i f f is in formed and bel ieves and thereon a l legres
t,hat Defendant MoTLEy cR0E, INc. ("MorLEy cR0E") is a cal i fornia
corporation, maintaining its primary prace of business at 2g5o
ocean Park B1vd . , su i t e 3oo , san ta Mon ica , cA 90405 , wh ich i s
doing business in Los Angeles County, and under which LEE and the
band named MdTLEy CRUE perform.
4. P la in t i f f is in formed and bel ieves and thereon a l leges
that Defendant M6TLEy CRUE TouRrNc, rNc. ("tqotr,ey cR0E TOURTNG")
is a cal i fornia corporatj-on, maintaining its primary place of
business at 28so ocean park Brvd. , su i te 3oo, santa Moni .ca, cA
90405, which is doing business in Los Angeles county, and under
which LEE and the band named MorLEy CRUE perform.
5. The true names and capacit ies, whether individuar,
corporate, associates or o therwise, o f Defendants DoEs 1_100,
inclusive, and each of them, are unknown to plainti f f who,
therefore, sues said Defendants, and each of them, by such
fict i t ious names, and leave of court wil l be request,ed Eo amend
this complaint to show their true names and capacit ies, when the
same have been ascertained.
5. Plainti f f K]NG is informed and believes, and, thereon
alleges, that each of the Defendants designated herein as a DOE is
t 'ort iously and legally responsible in the manner herein al leged
for the events and happenings herein referred to, and for the
injuries and damages proximately caused thereby to plainti f f .
7, At al l t imes mentioned herein, each of the Defendants
was an agent., servant and empl0yee of the remaining Defendants,
acti-ng within the t lme, purpose, scope and course of said agency
t
Complaint
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LAw OFFrcEsHART, WATTERS &
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it
and employment and acting with the express and implj-ed knowledge,
permission and consent of the remaining Defendants, and each of
Lhem. Fur ther each of sa id Defendants rat i f ied and af f i rmed the
acts of the remaining Defendants, and each of them.
8. P la in t i f f KfNG al leges that Defendants, and each of them,
are the arter-egos of each other, and that, said Defendants did,
and sti l l do, dominate, inf luene,e and contror each other; that,
there existed, and exists, a unity of ownership and managemenE.
between them; that the individuali ty and separaEeness of each such
ent i ty were, and remain, non-ex is tent ; that each such ent i ty was,
and is, a mere sheIl and naked framework which the other
Defendants used, and use, to conduct their affairs; that each such
entity was, and remains, inadeguately capital ized; and thaE an
in just ice and f raud upon p la in t i f f KrNG wi l l resur t i f the
theoretical separateness of each entity is not disregarded and
each such Defendant held responsible for the sums and reLief
herein sought.
9. Plainti f f KrNG is a Qesigner who commercial ly developed
many ldeas and concepts for over thirty (30) years at his place of
business in Los Angeles County.
10. Defendant,s LEE and DoES l-20, are drummers in the band
known as tqorlgY CRUE. Plainti f f is informed and believes that LEE
and DOES L-20 are agents of Defendants MOTLEY
TOURING and DOES 2L-40. p la in t i f f is in formed
thereon alleges that Defendant MOTLEY CROE and
CRUE, U6ILEY CRUE
and believes and
MOTLEY CRUE
TouRrNG, and DOES L-20 and that the bank M6TLEY cR0E operates
through such ent i t ies.
11. rn 1-991-, KrNG developed an idea and concept for the
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"Tommy Lee Loop Coaster" which consist,ed of a track on which LEE
would play his drums on a platform on wheels which would fol low
the track unti l LEE was in an upside down posi-t ion playing the
drums and he would continue playing the drums as the platform
followed the track in a complete Ioop.
12. In L991, KING worked wi th r ide and show engineer ing,
inc. ("r ide & show") to obtain a proposal for building the Tommy
Lee Loop Coaster .
13. On or about November 21, 1991, KING and Frank McKane,
me t w i th R ich F j . she r ( "F i she r " ) .and Doug Tha le r ( "Tha le r " ) o f Top
Rock Development Corp., the agents for LEE, MOTLEY CRUE, MOTLEY
CRUE TOURING and DOES 2L-40 at the Top Rock Development Corp. 's
of f ice in Los Ange1es, CA. Af ter F isher and/or Thaler s igned a
conf ident ia l i ty agreement (which has been misplaced or lost ) , and
KING made it . clear that he expected compensation if the idea was
used by their cl ient, KING delivered the proposal, attached hereto
as Exhibit L, to them. The proposal was discussed and explained
in detai l to Fisher and Thaler by KING, and a small scale model
was also used to demonstrate the concept to them.
14. The proposal expressly stated that the ideas and
concepts in the proposal were the property of KING dba STAGES 'N'
MOTfON and t,heir unauthorized use was expressly prohibited.
15. Fisher and Thaler kept the written proposal-, attached
hereto as Exhibit L, after the meeting, but never communicated
again, ora l ly or in wr i t ing, wi th KING.
15. Not having heard from Fisher or Thaler, on or about
September I7 , L992, KING personal ly de l ivered a copy of the
proposal to LEE AND does I-2O at thej-r home. Again, KING received
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Complaint
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no response.
L7 . At al l t imes relevant, herein, KING maintained t,he
secrecy of his idea for the Tommy Lee Loop Coaster and only
d isc losed the idea as necessary to implement i t .
L8. Desplte the fact that KING never heard from LEE,
Fisher or Thaler, and never received any compensation, in ,June,
2OLI, LEE, I'I6tT,gY CRUE, MOTLEY CRUE TOURING ANd DOES 2:--40 bCgAN
using the idea in concerts where it became the center piece of
many performances world wide and was used in commercials by Kia
Motor Company and promotions for the band and their performances
and otherwise.
I I .
FIRST EAUSE OF ACTION
(FOR MISAPPROPRIATION OF TRADE SECRETS
AGATNST AIJIJ DEFEIIDAIITS)
19. P la in t i f f hereby incorporates by th is re ference
paragraphs L through L8 set forth above as i f fulIy set fort,h
here in at th is po int .
20. KING's idea for the Tommy Lee Loop Coaster constituted a
trade secret within the meaning of Cali fornia Civi l Code S 3425 et,
seq. KING's idea had independent economic value as i t was not
known generally to the public or to other persons who could obtain
economic value from j-ts disclosure and would have generated income
to him at hj-s place of business in Los Angeles County.
2L. KING used reasonable efforts to maintain the secrecy
of his idea and invention and only disclosed it as necessary to
further the development of the idea.
22. KING is informed and believes and thereon al leges that
a
Complaint
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LArv OFFICESHART, WATTERS &
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iliN .JUNC , 2OII, DCfCNdANIS LEE, MOTLEY CROE, MOTLEY CRUE TOURING
and DOES 2!-40, misappropriated the above described t,rade secret
by d isc los ing the t rade secret to others, incruding sGps, rnc.
which, orl information and belief , made a sj-mi1ar loop coaster for
use by said Defendants at concerts and otherwise, thus causing
injury and damage to KING.
23. DCfENdANIS LEE, MdTLEY CRUE, MOTLEY CRUE TOURING ANd
DOES 21--40, knew or had reason to know E,haE, the trade secret was
disclosed and used improperly by them since the loop coaster was
disc losed in conf idence to them. Fur ther , Defendants LEE, MortEy
CRUE, MOTLEY cRuE TouRrNG and DoES 2t-40, used the trade secret
developed by KING at numerous concerts and otherwj_se, without
express or implied consent of KING, knowing that the trade secret
was obtained under circumstances giving rise to a duty to maintaj_n
i t s sec recy .
24. As a prox imate resur t ,o f the misappropr j -a t ion of
Pra int i f f 's t rade secret by Defendants LEE, M6TLEy qRUE, MorLEy
cR0E TouRrNG and DOES z! -40, p la in t i f f has suf fered damages in
excess o f Fou r Hundred Thousand Do l l a rs (940o ,o0o .oo ) and
DCfCNdANIS LEE, T{OTLEY CRUE, MdTLEY CRUE TOURING ANd DOES 21,-40,
have been unjustly enriched in an amount to be proven at the t ime
of the t r ia l o f th is mat ter .
25. In the a l ternat ive, in the event that p la in t i f f , s actual
damages or Defendants' unjust enrichment cannot be proven,
Plainti f f is entit led to a reasonable royarLy in an amount not
less than f ive percent (5?) of the gross revenues recej-ved by
DCfCNdANIS LEE, MOTLEY CROE, MOTLEY CRUE TOURING ANd DOES 1.-2O, dt
performances and otherwise where the Tommy Lee Loop Coaster was
Complaint
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LAw OFFICESHART, WATTERS A
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.tused .
26. The acts of Defendants LEE, MOTLEY CRUE, and DOES 2L-
40, were wiIIful and malicious in that said Defendants knowingly
and intentionally misappropri-ated KING's trade secret for their
own use and benefit to the excl-usion of KrNG, despite the fact
that they were aware of t .he duty to maj-ntain the confidentlal i ty
of the t rade secret . P la in t i f f is therefore ent i t led to punj - t ive
damages or t reb le damages pursuant to c iv i l code s 342G.3(c)
against Defendants, and each of them, in an amount according to
proof a t the t ime of the t r ia l o f th is mat ter .
27 . KING has incurred and wil l continue to incur attorney, s
fees, costs , and expenses which KING is ent i t led to recover f rom
Defendants, and each of them, pursuant to c iv i l code s 3426.4 as a
result of the wilfuI and mal-icious misappropriat ion of KrNG, s
t rade secret .
28. P la in t i f f KING is ent i t led to a temporary rest ra in ing
order, prel lminary injunction and permanent injunction against
Defendants, and each of them, and those acting in concert with
t 'hem to enjoin the misappropri4t ion of t ,he trade secret which is
cont lnu ing.
r r r .
SECOIID CAUSE OF ACTION
(FOR COMMON I.AW MISAPPROPRIATION OF
TRADE SECRETS AGAINST ALIJ DEFEIIDAIITS)
29. P la in t i f f hereby incorpora tes by th is re fe rence
paragraphs 1 through 28 set forth above as i f furry set forth
here in a t th is po in t .
30. rn or about June , 2or]- , Defendants LEE, MorLEy CRUE,
Cqmplaint
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Law OFFrcEsHART, WATTERS &
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ailMdrr,gy cn0e rouRrNG and DoES 2L-40, misappropriated the above
described trade secret by disclosing the confidential information
to others to manufacture the Tommy Lee Loop Coaster and then using
i t in the i r concer ts and otherwise.
31. As a prox imate resul t o f such misappropr iaEion,
Plainti f f KING has suffered actual damages in an amount in excess
o f Fou r Hundred Thousand Do l l a rs ($4oo ,ooo .Oo) acco rd ing to p roo f
a t t he t ime o f t r i a1 .
32. The act ions of Defendants, and each of them, were
mal ic ious, f raudurent , oppress ive, and in conscious d isregard of
the r ights of P la in t i f f KING, thus ent , i t l ing p la in t i f f KING to an
award of punitive damages in an amount according to proof at the
t ime o f t r i a l .
IV .
THrRD EAUSE OF ACTTON
(FOR I'NFAIR COMPETITTON (B&P CODE S 17200 ET SEQ. )
AGAINST AIJL DEFEIIDAITTS)
33. P la in t i f f hereby incorporates by th is re ference
paragraphs 1 through 32 set forth above as i f fuI ly set forth
here in at th is po j -nt .
34. The act ions of Defendants, and each of them,
misappropriat ing confidential j-nformation for their own use and
benef i t in 20L1, const i tu t ,e unlawfuI , unfa i r , or f rauduLent
business acts and pract ices as def ined by Cal i forn ia B&p Code S
1-7200 e t seq .
35. As a resul t o f sa id unfa j - r compet i t ion, p la in t i f f KfNG
is ent i t led
di-sgorgement
to re l ie f , inc lud ing fu l1 rest j_ tut ion and/or
of a l l revenues, earn ings, prof i ts , compensat ion and
Compl-aint
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tbenefits that have been obtained by Defendants, and each of
as a resul t o f such unfa i r bus iness acts or pract lces in an
them,
amount
accord ing to proof a t the t ime of t r ia l - .
35. The Defendants ' acts of unfa i r compet , i t ion are
continui 'ng and Plainti f f is informed and believes and thereon
alleges that Defendants, and each of them, wil l continue t.o dothose acts unless and unti l said Defendants, and those in concertwith them, are ordered to cease and d.esist by this court.
v.
FOI'RTH CAUSB OF ACTTON
(FOR ACCOUIITING AGATNST AIJIJ DEFEIIDAIITS)
37 - prainti f f hereby incorporates by this reference
paragraphs r- through 36 set forth above as i f ful1y set forth
here in at th is po int .
38. Defendants, and each of them are sorery in cont,ror_ ofthe books, records, f i les, and e lect ronic data ev idencing thelncome from concerts, commercials and other data necessary toascer ta in the amounts which Pla int i f f is ent i t led to recover inthis action' said amounts cannot be accurately calculated withoutan accounting from Defendant,s, and each of them, for the use ofthe Tommy Lee Loop Coaster.
39 ' Defendants, and each of them, have fa i led and
provide any informati-on regarding the use of the subject
secret and the income generate4,as a resul t o f i t ,s use.
40 ' P la in t i f f is ent i t red to such an account ing and requeststhat the court order Defendants, and each of them to provide anaccounting of the income generated from the use of the Tommy LeeLoop Coaster to plaj-nti f f .
re fused to
trade
Complaint
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LAw OFFEESHART, WATTERS &
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FIFTH CAUSE OF ACTION
(FOR BREJACH OF EXPRESS Al{D TMPIJTED
PROMISE AGATNST AIJIJ DEFEIIDAIflTS)
41- . P la inEi f f hereby incorporates by th is re ference
paragraphs L through 40 set forth above as i f fu1Iy set forth
here in at th is po int .
42. P la in t i f f d isc losed h is idea and concept , to LEE,
MOTLEY CRUE, MOTLEY CR0E TOURTNG, their agents, and DoEs 2L-40,
after advising them of his expectation of receiving compensation
if the idea and concept was used by them.
43. By using the idea and concept of the Tommy Lee Loop
COASICT, LEE, MdTLEY CRUE, MoTLEY CROE TOURING ANd DOES 27-40,
expressly and impIledIy agreed to compensate plainti f f KING for
such use .
44. LEE, MOTLEY CRUE, MoTLEY CRUE TOURING ANd DOES 2:- -40
have breached such express and implied promises by using the Tommy
Lee Loop coaster idea and conc€pt, but fai l ing and refusing to
compensate KING for such use.
45. As a prox imate resul t o f such breach, KING has suf fered
damages in an amount, to be determined at the t ime of the tr ial of
th is mat t ,er .
WHEREFORE, prainti f f prays for judgrment against Defendants,
and each of them, as fo l lows:
ON THE FIRST CAUSE OF ACTION
1. For general damages in excess of Four Hundred Thousand
Do l l a rs (9400 ,OOO.OO) i n an amoun t t o be p roven a t t he
ti-me of the tr i-aI of this matter,.
10Complaint
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t2. rn the a l ternat i -ve, for reasonable royal t ies in an
amount not less than f ive percent (5?) of the gross
proceeds recei-ved by Defendants, and each of them, as a
resul t o f Ehe misappropr ia t ion of p la in t i f f , s t rade
secret r.
3. For a temporary restraining order, a prel iminary
injunction, and a permanent injunction reguir ing
Defendants, and each of them, and those act, ing i-n
concert wiEh said Defendants, from continuing
misappropr ia t ion of p la in t i f f , s t rade secret ;
4 . For at torney, s fees accord ing to 1aw;
5. For puni t lve or t reb le damages;
ON THE SECOIID CAUSE OF ACTION
6. For general damages in an amount in excess of Four
Hundred Thousand Do l l a rs (94OO,OOO.OO) acco rd ing to
proof a t t r ia l ;
7. For punit, ive damages in an amount according to proof at
t r i a l ;
THE THTRD EAUSE OF ACTION
For fu I I rest i tu t ion.and/or d isgorgement of a l l
revenues, earnings, profi ts, compensatj-on and benefits
that may have been obtained by Defendants, and each of
them, as a result of the unfaj-r business acts or
pract ices accord ing to proof ;
For a temporary restraining order, a prel iminary
injunction, and a permanent injunction requir ing
Defendants, and each of them, and those acting in
concert with said Defendants, from continuing
ON
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1 1Complaint
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Law OrncesHART, WATTERS &
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?misappropr ia t ion of p la in t i f f , s t rade secret . ;
THE FOI'RTH CAUSE OF ACTTON
For a complete accounting of the income
the use of the Tommy Lee Loop Coaster by
t
ON
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Defendants, and
DATED:
each of them;
11. For an order that Defendants, and each of them, pay Eo
Pla int i f f a l l sums due to p la in t i f f pursuant to such
accounting;
ON THE FTFTH CAUSE OF ACTION
12. For damages proximately caused by the breach of the
express and implied promises to pay prainti f f for the
use of his idea and concept;
ON ALL CAUSES OF ACTTON
13. For prejudgment j-nterest according to 1aw;
1-4. For costs of su i t here in; and
15. For such other and further rel ief as the court may deem
appropriate.
HART, WATTERS & CARTER, APROFESSTONAL I,AW CORPORATION
{ft-THOMAS L. WATTERS, ESQ.,attorneys for plainti f f HOWARDSCOTT KING, formerly dba,STAGES 'N' MOTION
Septembet 2 / , 2Or2
B y t
L2CompJ-aint