)

FILED

Superior (i>urtol California

Cocnsyol I os Angeles

The Law Offices of Robert R. Shiri, APC

Robert R. Shiri (SBN 150892)
501 Santa Monica Blvd., Suite 610
Santa Monica, CA 90401-2432
(310)829-9943 (310)899-9844Fax

DEC 0 1 ?M
Tioaya Lewis

Attorney for Plaintiff,

BOBBY COLLINS

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES- WEST DISTRICT
BOBBY COLLINS, an individual,

CASENO.:

SC123455

Plaintiffs,
vs.

COMPLAINT FOR:

UPROAR ENTERTAINMENT INC.,

a California corporation; DAVID
DROZEN, an individual; AND
DOES 1 THROUGH 100,
INCLUSIVE,

1)
2)
3)
4)

BREACH OF CONTRACT;
CONVERSION;
NEGLIGENT MISREPRESENTATION;
FRAUD AND DECEIT
CASP MANAGEMENT CONFERENCfc

Defendants.

Richard A. Stone
"^CpL M

*** l 3 ?oy

Date

g-2Atr\

Plaintiff Bobby Collins hereby alleges the following:

PARTIES
1.

At all times relevant hereto, Plaintiff Bobby Collins (hereinafter "COLLINS") was and

is an individual, doing business in the County of Los Angeles, State of California.

2.

At all times relevant hereto, Defendant Uproar Entertainment, Inc., (hereinafter

"UPROAR") was and is a California corporation, doing business in the County of Los
Angeles, State of California. Uproar is in the business of manufacturing and distributing
recordings in various media, including compact disc ("CD" and "DVD") and audio cassette
tape (cassette).

3.
28

At all times relevant hereto Defendant David Drozen (hereinafter "DROZEN") was

(J

and is an individual doing business in the County of Los Angeles, State of California, and
on information and belief is the majority shareholder and controlling officer and managing
agent of Uproar and controls and supervises the day to day operation of Uproar. UPROAR
and DROZEN are referred to hereinafter as "DEFENDANTS".
4.

Plaintiff is ignorant of the true names and capacities of defendants sued herein as

DOES 1-100, inclusive, and therefore sues these defendants by such fictitious names.
Plaintiff will amend this complaint to allege their true names and capacities when
ascertained. Plaintiff is informed and believes that each of the fictitiously named
defendants is an agent, joint venturer, employee, or other lawful representative of Uproar,
at all times alleged herein acted within the course and scope of said agency, employment,
joint venture or other lawful representation, is responsible in some manner for the
occurrences alleged herein, and that Plaintiffs damages as alleged herein were
proximately caused by their conduct.
FACTUAL HISTORY
5.

Plaintiff refers to paragraphs 1-4 of the parties, and adopts and incorporates them

by this reference as though set forth in full.

6.

On or about May 3,1995, Collins and Uproar entered into a Recording Agreement

hereinafter the "Agreement," that was expressly limited to two live forty minute
performances known as "On the Inside" to be recorded by Uproar at THE IMPROV, Brea,
California on or about May 25, 1995. A true and correct copy of the Recording Agreement
is attached as Exhibit "A" to this complaint.
7.

At a later date, there were two other handshake deals ("oral agreements") for Collins

performances recorded by Uproar made between Collins and Uproar under the same
terms as the Agreement attached in exhibit "A" for the audio recordings of "Out of Bounds"
and "I Want to Go Home." hereinafter and collectively the "Agreed Titles"
8.

Collins has performed all conditions, covenants and promises in accordance with the

terms of the written and oral agreements and has at all times performed all conditions

required on his part.

<W
9.

<J

The Agreement for the Agreed Titles was already expired because it "automatically

terminated" due to Uproars failure to distribute the material through the Indie Group or
another major label. Uproar's rights to distribute and exploit the Agreed Titles ceased
because it materially breached and upon such termination and any and all monies received
by Uproar from the Agreed Titles must be paid 100% to Collins. Collins has sustained
damages as a result of DEFENDANT'S breach.
10.

On or about April 2014, COLLINS was alerted that in fact that DEFENDANTS had

been selling his recordings without his knowledge or permission on their company website.
COLLINS granted UPROAR the right to use his name and approved likeness solely for
advertising and marketing of the two forty minute recordings and the Agreed Titles . A true
and correct copy of DEFENDANTS' website page is attached as Exhibit "B" to this
complaint.
11.

COLLINS contends that during the period of from 1995 until present,

DEFENDANTS', intentionally used COLLINS copyrighted material by diverted profits from

the sale of his recorded material found on their website, without his consent, knowledge or
permission. COLLINS unauthorized recordings for sale include" I'm on a boat;" "Mr. New
York;" the "Videos" and the "Compilations".
12.

On or about August 2005, DEFENDANTS contacted COLLINS and offered to sign

him up with SoundExchange so he could easily receive royalties for his digitally recorded
performances. DROZEN specifically told him that SoundExchange would keep fifty percent
and COLLINS would receive forty-five percent after Uproar recouped some of its nominal
costs.
13.

Without COLLINS knowledge DEFENDANTS intentionally and fraudulently

registered with SoundExchange as the copyright owner of the recordings. COLLINS in fact
has and always has been the sole owner of the copyrights in the recordings and is entitled
to 100% of the Soundexchange royalties wrongfully taken by DEFENDANTS. Due to
DEFENDANTS' misrepresentation and fraud it was wrongfully compensated over

$100,000.00.

14.

Since 1995 DEFENDANTS have been exploiting, distributing and licensing

COLLINS audio and audio visual performances. These performances include " I want to
go home;"" I'm on a boat;" "Mr. New York," hereinafter and collectively the "Recordings."
The audio visual recordings released under the titles" Bobby Collins Live;" and Bobby
Collins "Telling it like it is," hereinafter and collectively" the Videos." Lastly, COLLINS
recordings were included on two compilation albums entitled "The Best of Uproar Comedy",
Vol. I and Vol 2. , hereinafter and collectively the'Compilations". COLLINS has sustained
damages as a result of DEFENDANTS' breach, fraud and misrepresentations in an amount
to be determined at trial.

FIRST CAUSE O F ACTION

(Breach of Contract against all defendants)
15.

Plaintiff refers and adopts and incorporated Paragraphs 1-14 herein by this

reference as though set forth in full.

16.

On or about May 3,1995, COLLINS and DEFENDANTS' entered into a Recording

Agreement hereinafter the "Agreement," that was expressly limited to two live forty minute
performances known as "On the Inside" to be recorded by Uproar at THE IMPROV, Brea,
California on or about May 25, 1995, attached as Exhibit "A" to this complaint. Although
there was no other written agreements, there were two other oral agreements for
COLLINS performances recorded by UPROAR made between COLLINS and the
DEFENDANTS under the same terms as the Agreement attached in Exhibit "A" for the
audio recordings of "Out of Bounds" and "I Want to Go Home." hereinafter and collectively
the "Agreed Titles."
17.

In Paragraph 12 of the Agreement it required that UPROAR to distribute the agreed

to material through the Indie Group or within 30 days secure an exclusive distribution
arrangement with a major recording label or the agreement shall "automatically terminate."
18.

The DEFENDANTS materially breached the term of the Agreement by their failure to

19.

On or about April 2014, COLLINS was alerted that in fact that DEFENDANTS had

been selling his recordings without his knowledge or permission on their company website.
COLLINS granted UPROAR the right to use his name and approved likeness solely for
advertising and marketing of the two forty minute recordings and the Agreed Titles . A true
and correct copy of DEFENDANTS' website page is attached as Exhibit "B" to this
complaint.
20.

As a direct and proximate result of DEFENDANT'S breach of its contract with

COLLINS, Plaintiff has suffered special and general damages in an amount to be

established at trial.

SECOND CAUSE OF ACTION

(Conversion against of all defendants)
21.

Plaintiff hereby realleges and incorporates by reference, as though fully set forth

herein, the allegations of paragraphs 1-20, inclusive, of this complaint.

22.

Plaintiff believes that on or about the year 2005 to the present, DEFENDANTS

converted performances to use for profit on their own website without any permission the
following items:
a.

These performances include " I want to go home;"" I'm on a boat;" "Mr.

New York," hereinafter and collectively the "Recordings." The audio visual
recordings released under the titles" Bobby Collins Live" and Bobby Collins
"Telling it like it is" hereinafter and collectively" the Videos." Lastly, Collins
recordings were included on two compilation albums entitled "The Best of
Uproar Comedy", Vol. I and Vol 2 . , hereinafter and collectively
the"Compilations".

As a direct and proximate result of DEFENDANTS' conversion, COLLINS has

suffered special and general damages in an amount to be established at trial.
23.

On or about April 2014, COLLINS was alerted that in fact that DEFENDANTS had

been selling his recordings without his knowledge or permission on their company website.

<3

COLLINS granted UPROAR the right to use his name and approved likeness solely for
advertising and marketing of the two forty minute recordings and the Agreed Titles . A true
and correct copy of DEFENDANTS' website page is attached as Exhibit "B" to this
complaint.
24.

DEFENDANTS acted with willful and conscious disregard of plaintiffs rights with the

intent to vex, injury and annoy so as to constitute malice, fraud and oppression under
California Civil Code Section 3294. Accordingly, Plaintiff is entitled to recover, in addition to
actual damages, punitive and exemplary damages in an amount yet ascertained in
accordance with DEFENDANTS' wealth and appropriate to punish and to make an
example of DEFENDANTS and each of them according to proof at trial.

THIRD CAUSE OF ACTION

(Negligent Misrepresentation of all Defendants)

25.

Plaintiff hereby realleges and incorporates by reference, as though fully set forth

herein, the allegations of paragraphs 1-24, inclusive, of this complaint.

DEFENDANTS represented to the Plaintiff that they would perform in accordance with the
terms of the above-referenced contract, i.e., make quarterly Royalty Statement and
payments due to the artist on or before the sixtieth day of each quarterly period ending
MARCH/JUNE/ SEPTEMBER/ DECEMBER starting from March 2005, as agreed.
26.

Plaintiff reasonably relied upon DEFENDANTS representations, fully performed in

accordance with the above-referenced Agreement, and suffered actual damages

when Defendant refused to act in conformity with the terms of the contract.
27.

Defendant's misrepresentations were made without any reasonable grounds for

DEFENDANTS to believe the misrepresentations to be true. DEFENDANTS made these

misrepresentations in order to deceive and induce Plaintiff to rely upon DEFENDANT'S
statements, enter into three agreements as alleged herein, and change his financial

position in reliance thereon. Plaintiff discovered that DEFENDANT'S

misrepresentations of fact on or around May 2014.

28.

As a direct and proximate result of DEFENDANT'S misrepresentations, Plaintiff has

suffered special and general damages in an amount to be established at trial.

FOURTH CAUSE OF ACTION

(Fraud and Deceit as Against All Defendants)

29.

Plaintiff hereby realleges and incorporates by reference, as if fully set forth herein,

the allegations of paragraphs 1 through 28, inclusive, of this complaint.

30.

DEFENDANTS' represented to Plaintiff that they would perform in accordance with

the terms of the above-referenced agreements, i.e., provide the royalties as agreed. In
fact, Uproar had been selling COLLIN'S recordings without his knowledge or permission on
their company website. COLLINS granted UPROAR the right to use his name and
approved likeness solely for advertising and marketing of the two forty minute recordings
and the Agreed Titles .
31.

When DEFENDANTS made the representations described in paragraph 12 of this

complaint, DEFENDANTS knew those representations to be false and made them with the
intent to induce COLLINS to enter into the above-referenced arrangement and change his
financial position in reliance thereon. Specifically, DEFENDANTS planned to, and did,
obtain royalty payments from Soundexchange and never planned to provide the monies as
agreed. COLLINS believes that DEFENDANTS made these false representations and
entered into this arrangement with Plaintiff for the sole purpose of defrauding Plaintiff.
32.

Plaintiff believed DEFENDANTS' representations, described in paragraph 12 of this

complaint, to be true and DEFENDANTS gave Plaintiff no reason to believe that they were
false.
33.

As a result of DEFENDANTS' false representations, Plaintiff has suffered

consequential damages in an amount to be proved at trial.

34.

In doing the acts alleged in this complaint, DEFENDANTS acted with oppression,

fraud, and malice as defined in Civil Code Section 3294, and Plaintiff is entitled to punitive

damages to make an example of and to punish DEFENDANTS in addition to damages and

other relief requested in this complaint.

4
5

WHEREFORE, Plaintiff demands judgment from DEFENDANTS for:

6
7

All Causes of Action

WHEREFORE, COLLINS prays for relief as follows:

1. That COLLINS be awarded compensatory damages against DEFENDANTS

10

Uproar and Drozen in an amount to be proven at trial;

11

2. That DEFENDANTS Uproar and Drozen provide COLLINS with a true, accurate

12

and complete audit of all accounts related to any agreement between COLLINS and

13

Uproar;

14

3. For costs and attorney's fees as authorized by law;

15

4. For such other and further relief as the Court may deem just and proper.

16
17

Second. Third, and Fourth Causes of Action

18

5. That COLLINS be awarded exemplary and punitive damages against

19

DEFENDANTS Uproar and Drozen in an amount proven at trial, sufficient to punish Uproar

20

and Drozen and deter DEFENDANTS from similar future conduct;

21
22

DATED: November 1, 2014

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LAW OFFICES OF ROBERT R. SHIRI, APC

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By:
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//Z^
ROBERT R. SHIRI
Attorneys for the Plaintiff, BOBBY COLLINS