Nomata, Inc. FSO Journey v. Monster, Inc. - complaint.pdf

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    KING HOLMESP TERNO

    SORIANO P

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    • •THE PARTIES

    PlaintiffNomota, Inc., is a California corporation that is the touring loan-out

    3 company for the services of Neal Schon, Ross Valory, Jonathan Cain, Steve Smith, and Arnel

    4 Pineda, professionally known as Journey.

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    3. Defendant Monster, Inc. is a California corporation that manufactures and

    distributes high performance audio/video components for home and professional use.

    4. Plaintiff sue DOES I through 10, inclusive, herein under fictitious names. Plaint iff

    does not know their true names and capacities. When Plaint iff ascertains the DOE Defendants'

    true names and capacities, Plaintiff will amend this Complaint to insert their true names and

    capacities herein. On information and belief, each Defendant named herein as a DOE acted with

    the other Defendants and is responsible for the damages to Plaintiff herein alleged. Each reference

    in this Complaint to Defendants, or to any of them, also refers to all Defendants sued under

    fictitious names. On information and belief at all times material herein each of the Defendants

    was the agent and employee of the other Defendants, and in doing the things hereinafter alleged,

    was acting within the course and scope of such agency and employment.

    THE AGREEMENTFOR THE ENGAGEMENT

    5. On or about October 17 2015, Greg Pedersen of Monster spoke by telephone with

    Rob Kern from Journey's tour/production management team and agreed that Monster would hire

    Journey to perform at CES in Las Vegas on January 7 2016. Kern then corresponded by email

    with Pedersen, also copying at Pedersen's request Neal Schon, Journey's manager, John Baruck,

    and Journey's agent at Creative Artists Agency ( CAA ), Jeffrey Azoff, to discuss the

    engagement and the contract in more detail before we dive into the production and show advance.

    6. On October 19 2015, Pederson and Azoff further discussed the engagement, and

    then Pederson emailed Azoff advising him, inter alia that Thad Wharton of Broken Arrow Music

    Marketing Events on behalf of Monster would send Azoff an offer sheet, to which Azoff

    responded: I don 't think I need an offer sheet I can just draft a contract based off everything we

    discussed. Wharton replied that he would like to go ahead and send something quick over to

    you guys - there are a few odds ends with this show that I can cover that we may want to

    4588060/990052.1 2COMPLAINT FOR BREACH OF CONTRACT

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    KING HOLMESPATERNO

    SORIANO P

    • •1 incorporate in the draft. Wharton stated in the same email to Azoff(which was copied to

    2 Pederson) that it's great to have another in a long line ofCAA artists do this show.

    3 7. On October 20, 2015, Wharton sent an email to Azoff attaching an offer letter, a

    4 ; rue and correct copy of which is attached hereto as Exhibit A and incorporated by reference.

    5 Wharton's email states: Here is an official offer for Journey, with all the other major details

    6 included for this show. The attached letter offer sets forth all material terms of the agreement for

    7 Journey to perform at CES on January 7, 2016, in Las Vegas, including a $500,000.00 guarantee,

    8 which guaranteed payment, per industry custom and practice, was payor play.

    9 8. The October 20,2015, offer letter states in its closing paragraph (emphasis added):

    10 Thank you for your consideration of this offer. Please let me know i f you have any questions, or

    11 i acceptable, please send a confirmation t me at your earliest convenience.

    12 9. On October 20, 2015, Azoffreplied to Wharton's email and the attached offer

    13 letter, stating inter alia: Thank you, Thad, will put something together for you now.

    14 10. On October 20, 2015, Azoff called Wharton and verbally confirmed that Journey

    15 agreed to the terms set forth in Wharton's letter offer and would perform the show for Monster.

    16 11. In or about October 20-30,2015, Azoff and Wharton communicated by telephone

    17 and email to work out certain immaterial logistics of travel and rehearsal arrangements.

    18 12. On November 17,2015, nearly one month after the Journey show at CES had been

    19 confirmed orally and in writing, Pedersen called Azoff and informed him that Monster did not

    20 have the funds that they had planned on having to go forward with the show. Pedersen advised

    21 Azoff in that call that Monster would not go forward with the show and would not pay Journey the

    22 $500,000.00 guarantee. Instead, all that Pederson offered Azoffwas Monster's apologies.

    23 13. Since on and after November 17,2015, Monster has failed and refused to cure its

    24 breach or to pay Journey the $500,000.00 guarantee for the January 7, 2016, engagement.

    25 14. Plain tiff has been damaged by Monster' s breach of contract in an amount subject to

    26 proof in excess of $500,000.00, plus prejudgment interest from on and after November 17, 2015.

    27 /11

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    1 588.060/990052.1

    COMPLAINT FOR BREACH OF CONTRACT3

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    KING, HOLMES,

    PATERNOSORIANO, ll

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    4 IS.

    • •FIRST CAUSE OF ACTION

    (Breach of Contract)

    (Against All Defendants)

    Plaint iff incorporates herein by reference as if set forth in full Paragraphs I through

    5 14 of this Complaint.

    6 16. On or about October 20,2015, Plaintiff and Defendants entered into a valid,

    7 binding, and enforceable written agreement, the material terms of which are set forth in Monster's

    8 letter offer attached to Exhibit A hereto, incorporated herein by reference, for Journey to perform

    9 at the January 7, 2016, CES in Las Vegas for a payor play guaranteed payment of$500,000.00.

    10 17. Plaintiff has performed all of the obligations, covenants, and conditions required of

    11 it under the Agreement, except to the extent any such obligations, covenants, or conditions have

    2 been excused, prevented, or waived by Defendants' acts and omissions.

    13 18. Defendants' conduct as alleged herein in failing and refusing to honor the

    14 Agreement for Journey to perform at CES or to pay Journey the $500,000.00 guarantee constitutes

    15 a material breach of the Agreement.

    16 19. Plaintiff has been damaged by Defendants' breach of the Agreement in an amount

    17 subject to proof in excess of $500,000.00, plus prejudgment interest thereon.

    18 WHEREFORE, Plaintiff prays for judgment against Defendants, jointly and severally, as

    19 follows:

    20 I For general, special, and consequential damages in an amount subject to proof in

    21 excess of$500,000.00;

    22 2. For costs of suit incurred herein;

    23 I I

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    26 1 1

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    4588.060/990052.1 4COMPLAINT FOR BREACH OF CONTRACT

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    KING, HOLMES,

    PATERNO 'SORIANO LLP

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    • •3.

    4.

    For pre-judgment and post-judgment interest; and

    For such other relief as the Court deems just and proper.

    DATED: May 13, 2016 KING, HOLMES PATERNO SORIANO LLP

    By:/1L--> 1

    HOWARD Rl NGSETH MILL, R

    Attorneys for PUintiffNOMOTA INC. F/S/OJOURNEY

    4;88060/990052 1 5COMPLAINT FOR BREACH OF CONTRACT

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    OR PARTY WITHQUT ADORNEY Name, number, and address :

    r d E . K i n g , E s q . - SBN 0 7 7 0 1 2S e t h M i l l e r , E s q . - SBN 175130KING, HOLMES, PATERNO SORIANO, LLP1 9 0 0 Av e n u e o f t h e S t a r s , 2 5 t h F l o o rL o s A n g e l e s , C a l i f o r n i a 9 0 0 6 7 - 4 5 0 6

    TElEPHONENO. 310 ) 2 8 2 - 8 9 8 9 3 1 0

    SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESSTREET ADDRESSI I I N o r t h H i l l S t r e e tMAILINGADDRESS: 111 North i l l S t r e e t

    An C a l i f o r n i a 90012

    CIVIL CASE COVER SHEETDO Unlimited D Limited

    JOURNEY v . MONSTER,

    Complex Case DesignationD Counter D Joinder

    ORIGINAL

    fiLEDSuperior Court of·CaIHomia

    County of Los Angeles

    MAY132016

    A. c ~ : OfficerlClerkBy

    = -2De\lUlYu ya )den

    20433CASE NUMBER:

    Filed with first appearance by defendant JUDGE:Cal. Rules of Court, rule 3.402) OEPT

    Items 1-6 below must be completed (see instructions on1. Check one box below for the case type that best describes this case:

    Auto Tort ContractD Auto (22) DO Breach of contracUwarranty (06)D U n i n s u ~ e dmotorist 46) D Rule 3.740 collections 09)Other Pl/POfWD Personal Injury/Property D Other collections 09)DamagelWrongful Death) Tort D Insurance coverage (1S)D Asbestos 04) D Other contract 37)D Produclliability 24) Real Property

    Provisionally Complex Civil LitigationCal. Rules of Court, rules 3.400-3.403)

    D AntitrustfTrade regulation 03)

    D Construction defect 10)D Mass tort 40)D Securities litigation 28)D EnvironmentalfToxic tort (30)

    D Medical malpractice 45) D Eminent domainflnverseD Other PIIPDIWD 23) condemnation 14)Non.PI/PDIWD Other) Tor t D Wrongful eviction 33)

    D Insurance coverage claims arising from theabove listed provisionally complex casetypes (41)

    D Business tort/unfair business practice 07) D Other real property 26)D Civil rights (OS) Unlawful DetainerD Defamation 13) D Commercial 31)D Fraud 16) D Residential 32)

    Enforcement of Judgment

    D Enforcement of judgment 20)Miscellaneous Civil Complaint

    D RICO (27)D Intellectual property t9) D Dru9s 38) D Other complaint (not specif ied above) (42)D Professional negligence 25) Judicial Review Miscellaneous Civil Petition

    DOther non·PI/PDNVD tort 35)

    DAsset forfeiture (OS)

    Employment D Petition re: arbitration award 11) DPartnership and corporate governance (21)

    D Other 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 D is DO is not complex underrule 3.400 olthe California Rules of Court. If the case is complex, mark thefactors requiring exceptional judicial management:a. D Large number of separately represented parties d. D Large number of witnessesb. D Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more courts

    issues that willbe time-consuming to resolve in othe r counties, states, or countries, or in a federal courtc. D Substantial amount of documentary evidence f. D Substantial po st udgment judicial supervision

    3. Remedies sought (check all that apply): a. DO monetary b. D nonmonetary; declaratory or injunctive relief c. D punitive

    5 This case D is W IS not a class action SUIt ~6 If there are any known related cases. file and serve a notice of related case au may u form CM-OIS.)Date. May l 3 , 2 0 1 6 . . l / \

    4 Number of causes of action (specify) One - Breach o f c o n t r c ~

    Howard E. Klng Esq. \Ci (TYPE OR PRINT NAME) ' - - - - - - \ ' ' ' ' ' S ' ' G i ; N · \ C A T i ' i U ; O R ' E * o F t p ; ; ; A ; ; R ; r T Y ~ O ; ; ; \ - ~A"n'TomR"N"'EvyoFO'UR"P;;A"RTY'M,----~ NOTICEJ Plaintiff must file this cover sheet with the first paper filed in the action or proceeding except small claims cases or cases filed_ unde r the Probate Code. Family Code, or Welfare and Institutions Code). Cal. Rules of Court, rule 3.220.) Failure to file may resultN in sanctions.

    i) File this cover sheet in addition to any cover sheet required by local court rule.J 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 slatistical purpose s only.

    Paae 1 cf 2

    Form Adopted for Mandalor y UseJUdicial Council of CaliforniaCM"()10 [Rev. July 1, 20071

    CIVIL CASE COVER SHEET Le ml Cal. Rules of Court, rules 2.30. 3.220, 3.400-3.403, 3.740,S O ~ G ~ Cal. Sl.mdards of Judicial A d m ~ n ; f 8 i 8 nSIO 1 ~

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    I N S T R U . N S ON HOW TO COMPLETE THE C O SHEET CM-010To Plaint iffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you mustcomplete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compilestatistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must checkone 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 b est 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 coversheet must be filed only withyour initial paper. Failure to file a cover sheet with the first paper fried in a civil case may subject a party, itscounsel, 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 in whichproperty, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tortdamages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment 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-servicerequirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case willbe subjectto the requirements for service and obtaining a judgment in rule 3.740.To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether thecase is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated bycompleting the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with thecomplaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in theplaintiffs designation, a counter-designation that the case is not complex, or, jf the plaintiff has made no designation, a designation thatthe case is complex. CASE TYPES ANDEXAMPLES

    Auto Tort

    Auto (22)-Personallnjury/PropertyDamage/VVrongful Death

    Uninsured Motorist (46) (ifthecase involves an uninsuredmotorist claim subject toarbitration, check this iteminstead of Auto)

    Other PllPDfWD (Personal InjurylProperty DamagelWrongful Death)Tort

    Asbestos (04)Asbestos Property DamageAsbeslos Personal Injuryl

    Wrongful DeathProduct Liability not asbestos or

    toxic/environmental) 24)Medical Malpractice 45)

    Medical MalpracticePhysicians & Surgeons

    Other Professional Health CareMalpractice

    Other Pl/PDfWD(23)Premises Uability (e.g., slip

    and fall)Intentional Bodily Injury/PDfWD

    (e.g., assault, vandalism)Intentional Infliction of

    Emotional DistressNegligent Infliction of

    Emotional DistressOther Pl/PDfWD

    Non-PlfPDfWD (Other) TortBusiness TortlUnfair Business

    Practice (07)Civil Rights {e.g., discrimination,

    false arrest} not civilharassment) 08)

    Defamation (e.g., slander, libel)o (13)'fraud (16)~ n l e l l e c t u lProperty (19)',Professional Negligence (25)

    Legal MalpracticeCD Other Professional Malpracticer- - - not medical r legal)'l:llherNon-PI/PDfWDTort (35)

    EmploymentWrongful Termination (36)Other Employment (15)

    CM-01D {Rev. July 1, 2007]

    ContractBreach of ConlractiWarranty (06)

    Breach of Rental/Lease

    Contract nof unlawful detaineror wrongful eviction)ContractMiarranty Breach-Seller

    Plaintiff not fraud or negligence)Negligent Breach of ContracU

    WarrantyOther Breach of Contract/Warranty

    Collections (e.g., money owed, openbook accounts) (09)Collection Case-Seller PlaintiffOther Promissory Note/Collections

    CaseInsurance Coverage not provisionally

    complex) 18)Auto SubrogationOther Coverage

    Other Contract (37)Contractual Fraud

    Other Contract DisputeReal Property

    Eminent Domain/InverseCondemnation (14)

    Wrongful Eviction (33)Other Real Property (e.g., quiet title) (26)

    Writ of Possession of Real PropertyMortgage ForeclosureQuiet TitleOther Real Property not eminentdomain, landlord/tenant, orforeclosure)

    Unlawful DetainerCommercial 31)Residential (32)Drugs (38) if the case involves i/fegal

    drugs, check this item; otherwise,

    report as Commercial or Residential)Judicial ReviewAsset Forfeiture (05)Petition Re: Arbitration Award (11)Writ of Mandate (02)

    Writ-Administrative MandamusWrit-Mandamus on Limited Court

    Case MatterWrit-Other Limited Court Case

    ReviewOther Judicial Review (39)

    Review of Health Officer OrderNotice of Appeal-Labor

    Commissioner Appeals

    CIVIL CASE COVER SHEET

    Provisionally Complex Civil Litigation (Cal.Rules of Court Rules 3.400-3.403)

    AntitrustfTrade Regulation (03)Construction Defect (10)Claims Involving Mass Tort (40)Securities Litigation (28)Environmentalffoxic Tort (30)Insurance Coverage Claims

    an·sing from provisionalfy comprexcase type listed above) (41)

    Enforcement of Judgment

    Enforcement of Judgment (20)Abstract of Judgment (Out of

    County)Confession of Judgment non

    domestic relations)Sister State JudgmentAdministrative Agency Award

    not unpaid taxes)

    Petition/Certification of Entry ofJudgment on Unpaid Taxes

    Other Enforcement of JudgmentCase

    Miscellaneous Civil ComplaintRICO (27)Other Complaint not specified

    abova) 42)Declaratory Relief OnlyInjunctive Relief Only non-

    harassment)Mechanics LienOther Commercial Complaint

    Case non-tortlnon-complex)Other Civil Complaint

    non-fortlnon-complex)Miscellaneous Civil Petition

    Partnership and CorporateGovernance (21)

    Other Petition not speCifiedabove) 43)Civil HarassmentWorkplace ViolenceElder/Dependent Adult

    AbuseElection ContestPetition for Name ChangePetition for Relief from Late

    ClaimOther Civil Petition

    Page2of2

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    • • ORIGiNALSHORTTITLE, NOMCTA I N C . , F S O JOURNEY v. MONSTERINC. e t a , .

    CASE NUMBERe 6 2043.3

    CIVIL CASE COVER SHEET ADDENDUM ANDSTATEMENT OF LOCATION

    (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)

    This form is required pursuant to Local Rule 2 3 in ll new civil case filings in the Los Angeles Superior Court

    Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case,

    JURY TRIAL ? W Y E S CLASS ACTION?D YES LIMITEDCASE? D YES TIME ESTIMATED FOR TRIAL 3 D H O U R S / W DAYS

    Item II. Indicate the correct district and courthouse location (4 steps I f you checked Limited Case , skip to Item III, Pg. 4):

    Step 1: Alter first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for yourcase in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected.

    Step 2: ~ e c k2 . t Superior Court type of action in Column B 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 action you havechecked. For any exception to the court location, see Local Rule 2.3.

    Applicable Reasons for Choosing Courthouse Location (see Column C below

    1. Class actions must be filed in the Stanley Mask Courthouse, central district.2. May be file

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    . ;

    • •HORT TITLE: NOr-IOTA, INC. F / S / O JOURNEY v. MONSTER I ASE NUMBER

    INC. e t 3 l

    A BCivil Case Cover Sheet Type of Action

    Category No. (Check only one)

    ~ § Business Tort (07) D A6029 Other Commercial/Business Tort (not fraud/breach of contract)~ 1 -D A6DOS Civil Rights/Discrimination~ Civil Rights (08)m

    ~ ~ o A6010: '_ Defamation (13) Defa malion (slander/libel)C' 'El

    -n;e6;;::

    Fraud (16) o A6013 Fraud (no contract)~ Q D A60i? Legal MalpracticeC > Prdessional Negligence (25)- m~ E D A60S0 Other Professional Malpractice (not medical or legal)o m

    2

    Other (35) D A6025 Other Non-Persona llnjury/Pro perty Damage tort

    ' Wrongful Termination (36) D A6037 Wrongful Termination~E o A6024' Other Employment Complaint Case,2 - Other Employment (15) o A6109 labor Commissioner Appealsw

    O A 6 0 0 4 Breach of Rental/lease Contract (not unlawful detainer or wrongfuleviction)

    Breach of Contractl Warranty o A6006 ContracUWarranty Breach -Seller Plaintiff (no fraud/negligence)(06) o A6019 Negligent Breach of ContractlWarranty (no fraud)(not insurance)

    DO A6026 Other Breach of ContractlWarranty (not fraud or negligence)

    'U o AB002 Collections Case-Seller Plaintiff~ Collections (09) o A6012' Other Promissory Note/Collections Case0 o AB034 Collections Case-Purchased Debt (Charged Off Consumer Debt

    Purchased on or after January 1, 2014)

    Insurance Coverage (18) o A6015 Insurance Coverage (not complex)o A6009 Contractual Fraud

    Other Contract (37) o A6031 Tortious Interferenceo A6027 Other Contract Dispute(not breach/insurancelfraud/negligence)

    Eminent Domain/Inverse o A7300 Eminent Domain/Condemnation Number of parcels _ _ _Condemnation (14)':~ o A6023 Wrongful Eviction Case. Wrongful Eviction (33)e

    c

    ; ; o A6018 Mortgage Foreclosure~' Other Real Property (26) o A6032 Quiet Title

    o A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure)e;:)

    0;c Unlawful Detainer-Commercial o A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction)

    U1 ';; (31), ..

    Unlawful Detainer-Residentialr Cv,

    (32)

    '. Unlawful Detainer- ~ ~ Post-Foreclosure (34)eI:;:)

    '- Unlawful Detainer-Drugs (38);;n

    LACIV 109 (Rev 3/15

    LASC Approve·j 03-04

    o A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)D A6020F Unlawful Detainer-Past-ForeclosureD A6022 Unlawful Detainer-Drugs

    CIVIL CASE COVER SHEET ADDENDUMAND STATEMENT OF LOCATION

    C ApplicableReasons - See Step 3

    Above

    1.,3.

    1.,2.,3.

    1.,2.,3.

    1.,2 3.

    1.,2.,3.

    1 2 3.

    2,,3.

    1.,2 3.

    1.,2 3.

    10.

    2 5.

    2.,5.

    1.,2 5.

    1·,0,5.

    2 5., 6, 11

    2., 5, 11

    5,6,11

    1. 2., 5., 6.

    1.,2.,3.,5.

    1. 2 3 5.

    1., 2.,3.,6.

    2.

    2., B.

    2 6.

    2.,6.

    2 6.

    2.,6.

    2.,6.

    2 ,6.

    2 ,6.

    Local Rule 2.3

    Page 2 014

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    • •I

    SHORTTIJlE: NOMOTA

    INC. e t a lINC. F/S/O JOURNEY v. MONSTER I ASE NUMBER

    '. :0::

    iii§

    '0::>...

    E E

    E E ''O

    ::>2.. .c _

    w 0

    A BCivil Case Cover Sheet Type of Action

    a t e g ~ r yNo (Check only one)

    Asset Forfeiture (05) 0 A6108 Asset Forfeiture Case

    Petition re Arbitration 11) 0 A6115 Petition to Compel/ConfirmNacate Arbitration

    0 A61S1 Writ - Administrative MandamusWrit of Mandate (02) 0 A6152 Writ - Mandamus on Limited Court Case Matter

    0 A6153 Writ - Other Limited Court Case Review

    Other Judicial Review (39) 0 A6150 Other Writ IJudicial Review

    AnlitrustfTrade Regulation (03) D A6003 AnlilrustfTrade Regulation

    Construction Defect (10)

    Claims Involving Mass Tort(40)

    Securities Litigation (28)

    Toxic TortEnvironmental (30)

    InsL rance Coverage Claimsfmm Complex Case (41)

    Enforcementof Judgment (20)

    RICO (27)

    Other Complaints(Not Spec;fied Above) (42)

    Partnership CorporationGovernance (21)

    Other Petitions (NotSpecified Above) (43)

    0 A6007 Construction Defect

    0 A6006 Claims Involving Mass Tort

    0 A6035 Securities Litigation Case

    0 A6036 Toxic Tort/Environmental

    D A6014 Insurance Coverage/Subrogation (complex case only)

    D A6141 Sister State JudgmentD A6160 Abstract of JudgmentD A6107 Confession of Judgment (non-domestic relations)D A6140 Administrative Agency Award (not unpaid taxes)

    D A6114 Petition/Certificate for Entry of Judgment on Unpaid TaxD A6112 Other Enforcement of Judgment CaseA6033 Racketeering (RICO) Case

    o A6030 Declaratory Rel;ef OnlyD A6040 Injunctive Relief Only (not domestic/harassment)D A6011 Other Commercial Complaint Case (non-tortlnon-complex)D BOOD Other Civil Complaint (non-tortlnon-compJex)

    0 A6113 Partnership and Corporate Governance Case

    0 A6121 Civil Harassment

    0 AB123 Workplace Harassment0 A6124 Elder/Dependent Adult Abuse Case0 A6190 Election Contest0 A6l1D Petition for Change of Name0 AB 7D Petition for Relief from Late Claim l w0 A6100 Other Civil Petition

    LACIV 109 (Rev 3/15

    LASC Approved 03-04

    CIVIL CASE COVER SHEET ADDENDUMAND STATEMENT OF LOCATION

    C ApplicableReasons - See Step 3

    Above

    2. 6.

    2. 5

    2. 8.

    2.

    2.

    2. 8.

    1 2 • 8.

    1. 2 . 3.

    1. 2. 8.

    1. 2 . 8.

    1. 2 . 3. 8.

    1. 2 . 5. 8.

    2. 9.

    2. 6.

    2. 9.

    2. 8.

    2 . 8.2 . 8 . 9.

    1 . 2 . 8.

    1 . 2 8 .

    2 8

    1 . 2. 8.

    1 • 2. 8.

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    2 . 3 . 9.

    2 . 3 . 9.

    2 . 3., 9.

    2.

    2 . 7.

    2 . 3 . 4. 8.

    2 • 9.

    Local Rule 2.3

    Page 3 f 4

  • 8/17/2019 Nomata, Inc. FSO Journey v. Monster, Inc. - complaint.pdf

    11/11

    '.',

    • •HORTTITLE NOMOTA, I N C . , F S O JOURNEY v. MONSTER, CASE NUMBER

    INC. e t a1

    Item III. Statell'ent of Location: Enter the address of the accident, party' s residence or place of business, performance, or othercircumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected.

    AODRESS· 455 Va l l e y r iveREASON: hecl the appropriate boxes for the numbers shownunder Column C for the type of action that you have selected forthis case.

    0 1 0 0 2 0 3 0 4 0 5 0 6 0 7 0 8 0 9 0 1 0 0 1 1

    CITY: STATE ZIP CODE:

    B r i s b a n e CA 94005

    Item IV Declaration o 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 S tan l e y M o s k courthouse in the

    e n t r a l District of the Superior Court of California, County of Los Angeles [ ode Civ. Proc., § 392 et seq., and Local

    Rule 2.3, subd. a).

    Dated:May 13 , 2016

    PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLYCOMMENCE YOUR NEW COURT CASE:

    1. Origina Complain t or Petition.

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

    3. Civil Case Cover Sheet, Judicial Council form CM-Ol O

    4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev.03/15).

    5. Payment in full of the filing fee, unless fees have been waived.

    6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-Ol 0, if the plaintiff or petitioner is aminor under 18 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 addendummust be served along with the summons and complaint, or other initiating pleading in the case.

    LACIV 109 Rev 3115

    LASC Approved 03-04CIVIL CASE COVER SHEET ADDENDUM

    AND STATEMENT OF LOCATIONLocal Rule 2.3

    Page40f4