2 3 e feco4 e G00e tr KENNETH S. INGBER (SBN 174551) ken@ingberlawyers.com KaRoL H. INGBER (SBN 181165) supa tl aioe karol@ingberlawyers.com Zountv of Las Annales BENSON K. LAU (SBN 287429) SEP bensoningbelavyerscom 09 2016 INGBER & ASSOCIA’ ein om ‘A PROFESSIONAL LAW CORPORATION or ae 30101 Agoura Court, Suite 119 mc ged ey Agoura Hills, CA 91301 Telephone: (818) 707-3811 Facsimile: (310) 933-0301 In association with MILES CARLSEN (SBN 149582) me@earlsenlaw.com CARLSEN LAW CORPORATION 20700 Ventura Boulevard, Suite 328 Woodland Hills, California 91364 Telephone: (800) 919-7140 0-3 \ Facsimile: (800) 927-7140 Attorneys for Plaintiff BRYAN BARBER Sane SUPERIOR COURT OF THE STATE OF CALIFORNIA. COUNTY OF LOS ANGELES—CENTRAL DISTRICT }CASENO. BC 633418 Plaintiff, } COMPLAINT FOR: BRYAN BARBER, an individual, ws } 1. BREACH OF IMPLIED-IN-FACT KENYA BARRIS, an individual; WILMORE ) CONTRACT FILMS, a business entity form unknown; ) 2. BREACH OF CONFIDENTIALITY PRINCIPATO-YOUNG ENTERTAINMENT, ) 3, DECLARATORY RELIEF INC.,a California corporation; CINEMA") GYPSY PRODUCTIONS, INC, a New York ) TRUM (CONCH ALMENT) corporation; and DOES 1-10, inclusive, ) ) Defendants. ) ) 8 § Saaq 2 COMPLAINT 8338 5° i134, #39807 119) TEE© Plaintiff BRYAN BARBER (“Plaintif?”) complains and alleges as follows: 1, Plaintiff, a successful writer and director, brings this action against the purported creators and producers of the highly acclaimed television series “Black-ish” as a result of their ‘commercial exploitation of Plaintiff's idea and Original Untitled Script, which culminated in Defendants’ development of the series without Plaintiff's knowledge or authorization, and without providing Plaintiff with credit and compensation. THE PARTIES 2. Atall times herein mentioned, Plaintiff BRYAN BARBER (“Plaintiff”) was and is an individual residing in the County of Cobb, State of Georgia. 3. Plaintiffis informed and believes, and based thereon alleges, that at all times herein mentioned, Defendant KENYA BARRIS (“Barris”) was and is an individual residing in the County of Los Angeles, State of California, 4, Plaintiff is informed and believes, and based thereon alleges, that at all times herein ‘mentioned, Defendant WILMORE FILMS (“Wilmore”) was and is a business entity, form unknown, conducting business in the State of California, 5. Plaintiff is informed and believes, and based thereon alleges, that at all times herein mentioned, Defendant CINEMA GYPSY PRODUCTIONS, INC. (“CGP”) was and is a corporation organized and existing under and by virtue of the laws of the State of New York, and registered to conduct business in the State of California, with its principal place of business located in the County of Los Angeles, State of California. 6 Plainti is informed and believes, and based thereon alleges, that at all times herein mentioned, Defendant PRINCIPATO-YOUNG ENTERTAINMENT, INC. (“PYE”) was and is a corporation organized and existing under and by virtue of the laws of the State of California, with its principal place of business located in the County of Los Angeles, State of California. 7. Plaintiff is informed and believes, and based thereon alleges, that at all times herein mentioned, each of the Defendants was the agent, servant and employee of is or its co- Defendants, and in doing the things hereinafter mentioned, was acting within the course and scope i ‘COMPLAINTRON we a aw 10 i 12 13 4 15 16 7 18 19 20 21 2 23 Py 25 26 27 28 ccf his or its authority as such agent, servant and employee, and with the ratification and consent of each of the other co-Defendants, respectively. 8. The wrongful conduct of Defendants giving rise to the within action alleged herein cccurred within the County of Los Angeles, State of California. FACTS COMMON TO ALL CAUSES OF ACTION 9. Plaintiffis a writer, director, producer and actor with more than 20 years of experience in the entertainment industry. Plaintiff is recognized as a premier feature film, television, commercial, and award-winning music video writer, producer and director. 10. In or about 1996, Plaintiff met Defendant Barris while they were attending Clark Atlanta University. They became close, personal friends. They both went on to become writers represented by separate talent agents at William Morris Agency (“WMA”). 11. Inorabout 2006, Plaintiff and Barris, who were both represented by WMA at the time, formed a partnership pursuant to which they jointly developed as partners a project for commercial exploitation, which culminated in a development agreement with VH-1 Films and their creation and delivery to VH-1 of an untitled written script (the “Original Untitled Script”). ‘The Original Untitled Script was premised on Plaintiff's idea for a television show about the black experience as seen through the lens of a successful, creative and affluent black man working in the predominantly white entertainment industry. Plaintiff's idea was based on his own life experiences, which he had shared with Barris in confidence and with the understanding that Plaintiff intended to exploit it commercially in partnership with Defendant Barris. 12, By the end of 2006, VH-1 ceased further development on the Original Untitled Script. However, at no point thereafter did Plaintiff authorize Barris to exploit Plaintiff's idea or the Original Untitled Script. 13. Plaintiffis informed and believes that at some point between the end of 2006 and September 2014, Defendant Barris—using Plaintiffs idea for the Original Untitled Script—wrote, developed and shopped the pilot episode for Black-ish without Plaintiff's knowledge or authorization. Indeed, Defendant Barris intentionally concealed these facts from Plaintiff. The 2 ‘COMPLAINT3 £ Ce aan 10 VW 12 13 14 a 16 17 18 iL) 20 21 22 23 24 25 26 on 28 pilot episode for Black-ish was predicated in all material respects on Plaintiff's idea and/or the Original Untitled Script. 14, Onor about September 24, 2014, the pilot episode for “Black-ish” aired on the ABC Network (the “Series”). The Series from its inception has been a highly-acclaimed and successful television series. 15, Plaintiff is informed and believes, and based thereon alleges that Barris was credited as the writer and creator of the Series. Defendant Barris concealed from Plaintiff the fact that Defendant Barris had hijacked from Plaintiff and their partnership the development of the pilot and the Series. Plaintiff did not authorize any other persons associated with the Series, including Barris, to exploit Plaintiff's idea or the Original Untitled Script. Thus, Plaintiff was shocked to discover that the pilot was substantially similar (and nearly identical) in plot and sequence, character, mood and place and dialogue to the Original Untitled Script that he and Barris had delivered to VH-1 in 2006. For example, the Original Untitled Script and the pilot each shared the following: Plot and Sequence of Events: a, Both works focus on the black experience as seen through the lens of an upper-class black, male protagonist and the challenges or experiences he and/or his family encounters in a predominantly white environment; b. In both works, the plot evolves over the course of a typical day for the protagonist; ©. Inboth works, the protagonist goes to his entertainment/media industry orfice where he is greeted by a white colleague who provides comedic relief through his constant efforts to “be cool and act black”; d. In both works, a white colleague addresses the protagonist with a “black” nickname; 3 ‘COMPLAINT2 ee aan eon 10 u 12 13 14 15 16 7 18 19 20 21 22 2B 24 25 26 27 28 €. _ Inboth works, the protagonist corrects a white colleague's pronunciation of his name (the awkward expression of Aftican American names by a white character is thus used to further magnify the black experience); f. In both works, a white colleague attempts to perform a “black” handshake which leads to the protagonist to reflecting on the awkwardness of the handshake; g Both works address a character's hardship in finding success as a black professional in corporate America; h, Both works address the ironies of the black family experience; i, Both works address shattering black stereotypes - which are used to set-up jokes (e.g. references to “grape drink” or “grape soda”, use of stereotypical “black” verbiage); and, j. Both works conclude with the protagonist overcoming challenges with race relations, adapting to his professional environment, and coming to terms with his “blackish-ness.” Characters: k. Both works feature a successful black, male protagonist who works a creative job in the media industry, with a tendency to “name-drop” in reaction to celebrities, drives a Silver BMW, dresses in high-end clothing, and is married to a bi-racial doctor named “Rainbow” (abbreviated as “Bow”) who he tries to exclude from extra activities whenever possible; 1. Inboth works, the “Bow” character is suspicious of her husband’s ‘wandering attention; Both works feature a white character attempting to relate to a black character and unintentionally “stepping over the line”; n. Both works feature a character who is dissatisfied with being assigned to a predominantly white company’s “Urban Department” because he is black; 0. Both works feature a character who is uncomfortable during staff meetin; and, 4 ‘COMPLAINT2 3 p. Both works feature a white “boss” character that frequently has awkward exchanges due to his inability to understand the black character's world through body language and slang; Mood and Place: q. Both works employ hip-hop music to show the protagonist's affinity for hip-hop music and black empowerment; and, r. Both works progress throughout the course of the protagonist’s typical day with the setting switching from home to the office. Dialogue: s. The “Rainbow” character is referred to by the other characters in the plot as “Bow”; and, t. Both works refer to a division in the predominantly white Company which focuses on black culture as the “Urban Department”. 16. Plaintiff did not receive any credit or compensation from Defendants for the exploitation of his idea and the Original Untitled Script, resulting in significant damages. FIRST CAUSE OF ACTION Breach of Implied-In-Fact Contract against Defendant Barris and Does 1-10) 17. Plaintiff repeats and realleges each of and all the allegations set forth in paragraphs 1 through 16, inclusive, as though fully set forth herein, 18. Inor around 2006, Plaintiff and Barris formed a 50/50 partnership for the purpose of writing, developing, directing and producing television programs. 19. Inor about 2006, Plaintiff and Barris, who were both represented by WMA at the time, jointly developed as partners a project for commercial exploitation, which culminated in a development agreement with VH-I Films and their creation and delivery to VH-1 of the Original Untitled Script which was premised on Plaintiff's idea for a television show about the black experience as seen through the lens of a successful, creative and affluent black man working in the predominantly white entertainment industry. Plaintiff's idea was based on his own life 5 ‘COMPLAINT2 Rw ND Sc eraau i 12 13, 14 15 16 17 18 19 20 | 22 23 24 25 26 27 28 experiences, which he had shared with Barris in confidence and with the understanding that Plaintiff intended to exploit it commercially through their partnership. 20. By the end of 2006, VH-1 had ceased further development on the Original Untitled Script. However, at no point thereafter did Plaintiff authorize Barts to exploit Plaintiff's idea or the Original Untitled Script. 21. Onor about September 24, 2014, the ABC Network aired the pilot episode for the Series. Plaintiff is informed and believes, and based thereon alleges that Barris was credited as the writer and creator of the pilot and the Series. Barris concealed from Plaintiff the fact that Barris, had used Plaintiff's idea and the Original Untitled Script to write the pilot. 22. Plaintiff was unaware of and was not involved in the development of the pilot or the Series. Thus, Plaintiff was shocked to discover that the pilot was substantially similar (and nearly identical) in plot and sequence, character, mood and place, and dialogue to the Original Untitled Script that he and Barris had delivered to VH-1 in 2006, as discussed in greater detail above 23. Plaintiff is informed and believes, and based thereon alleges that Barris disclosed Plaintiff's idea and/or the Original Untitled Script to the other Defendants so that they could commercially exploit Plaintiff's idea and/or the Original Untitled Script by producing the Pilot and the Series without obtaining Plaintiff's knowledge, permission or authorization, and without providing Plaintiff with credit and compensation, 24. Plaintiff did not ever authorize Barris or any other Defendant to use and exploit his idea and/or the Original Untitled Script. Plaintiff did not ever receive any credit or compensation from Defendants for the use and commercial exploitation of Plaintiff's idea and/or the Original Untitled Script. 25. Plaintiff is informed and believes, and based thereon alleges that the Series is in its third season of production, 6 ‘COMPLAINTRe ND 12 13 4 15 16 17 18 19 20 21 2 B 24 25 26 27 28 26. —_Plaintiff'is informed and believes, and based thereon alleges that as a direct and proximate result of Defendants’ breach, Plaintiff has been damaged in an amount subject to proof at trial, but estimated to exceed $1,000,000.00, plus interest. SECOND CAUSE OF ACTION (Breach of Confidentiality against Defendant Barris and Does 1-10) 27. Plaintiff repeats and realleges each of and all the allegations set forth in paragraphs 1 through 16, inclusive, as though fully set forth herein, 28. In or about 2006, Plaintiff and Barris, who were both represented by WMA at the time, jointly developed a project for commercial exploitation, which culminated in a development agreement with VH-1 Films and their creation and delivery to VH-1 of the Original Untitled Script which was premised on Plaintiff's idea for a television show about the black experience as seen through the lens of a successful, creative and affluent black man working in the predominantly white entertainment industry. Plaintiff's idea was based on his own life experiences, which he had shared with Barris in confidence and with the understanding that Plaintiff intended to exploit it commercially through their partnership. 29. By the end of 2006, VIH-1 ceased further development on the Original Untitled Script. However, at no point thereafter did Plaintiff authorize Barris to exploit Plaintiff's idea or the Original Untitled Script. 30. Plaintiff is informed and believes, and based thereon alleges that Barris breached the implied confidentiality agreement by sharing and/or disclosing Plaintiff's idea and/or the Original Untitled Script with the other Defendants so that they could commercially exploit Plaintiff's idea and/or the Original Untitled Script by producing the Pilot and the Series without Piaintiff’s knowledge, permission or authorization, and without providing Plaintiff with credit and compensation. 31. Plaintiffiis informed and believes, and based thereon alleges, that as a direct and proximate result of Defendants’ breach, Plaintiff has been damaged in an amount subject to proof at trial, but estimated to exceed $1,000,000.00, plus interest. 7 ‘COMPLAINT° Rew Bao os 12 13 14 1s 16 7 18 19 20 21 22 23 24 25 26 27 28 THIRD CAUSE OF ACTION (Declaratory Relief against All Defendants) 32. Plaintiff repeats and realleges each of and all the allegations set forth in paragraphs 1 through 16, inclusive, as though fully set forth herein 33. An actual dispute and controversy now exists between Plaintiff and Defendants as to (1) whether Defendants exploited Plaintiff's idea and/or Original Untitled Script in their development of the Pilot and Series; and (2) whether Plaintiff is entitled to compensation and credit as writer and creator of the Series, including all derivative, ancillary and merchandising rights and interests that have or will flow from Plaintiff's original concept that is now known as “Black-ish’” 34. Plaintiff contends that he is entitled to compensation and credit as a writer and creator of the Series, including all attendant rights and interests 35. Plaintiffs informed and believes, and based thereon alleges, that Defendants dispute Plaintiff's contentions. 36. Therefore, Plaintiff desires and requests a judicial determination and declaration of the respective rights and obligations of the parties. FOURTH CAUSE OF ACTION (Accounting against All Defendants) 37. Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1 through 16, inclusive, as though fully set forth herein. 38. The total amount of revenue earned by Defendants as a result of their wrongful conduct described hereinabove is unknown to Plaintiff and cannot be ascertained without an accounting of the records, profits, revenues, merchandising, and other derivatives of Defendants. 39. Plaintiff hereby demands an accounting of all funds, benefits, and property received or earned as a result of Defendants’ commercial exploitation of Plaintiff's idea and/or the Original Untitled Script through the development of the Series. 8 ‘COMPLAINTFIFTH CAUSE OF ACTION (Fraud against Defendant Barris and Does 1-10) 40. Plaintiff repeats and realleges each of and all the allegations set forth in paragraphs | through 16, inclusive, as though fully set forth herein. 41. Plaintiff'and Barris were partners, and each owed the other fiduciary duties of fealty, honesty and candor. 42. Inthe alternative, Plaintiff and Barris were otherwise in a contractual relationship that required Barris to refrain from exploiting PlaintifP’s idea and the Original Untitled Script for Barris’ gain to the exclusion and detriment of Plaintiff. 43. Plaintiff is informed and believes, and based thereon alleges that Defendants actively concealed important facts from Plaintiff about their development of the Series, which they had a duty to disclose. Plaintiff is informed and believes, and based thereon alleges, that Defendants knew that these facts were not accessible to Plaintiff and otherwise prevented Plaintiff from discovering those facts. 44, Plaintiff did not know of these concealed facts 43. Plaintiff is informed and believes, and based thereon alleges that Defendants intentionally concealed these facts with intent to defraud Plaintiff. 46. Plaintiff reasonably relied upon Defendants’ deception, and would have acted differently had he known the true facts 47. Asaresult of Defendants’ concealment and deception, Plaintiff was harmed. 48. Defendants’ concealment and deception was a substantial factor in causing Plaintif's harm. 49. Plaintiff is informed and believes, and based thereon alleges, that as a direct and proximate result of Defendants’ fraud, Plaintiff has been damaged in an amount subject to proof at trial, but estimated to exceed $1,000,000.00, plus interest. Plaintiff requests the imposition of a constructive trust over all sums received by Defendants from the Series. 9 ‘COMPLAINTSIXTH CAUSE OF ACTION (Breach of Fiduciary Duty against Defendant Barris and Does 1-10) 50. Plaintiff repeats and realleges each of and all the allegations set forth in paragraphs 1 through 16, inclusive, as though fully set forth herein 51. Plaintiff and Barris were partners, and each owed the other fiduciary duties of fealty, honesty and candor. 52. Barris breached his fiduciary duties to Plaintiff as alleged herein. 53. Plaintiff was harmed by Barris’ breach of his fiduciary duties, 54. Barris’ breach was a substantial factor in causing Plaintiff's harm. 55. Plaintiff is informed and believes, and based thereon alleges, that as a direct and proximate result of Defendants’ breach, Plaintiff has been damaged in an amount subject to proof at trial, but estimated to exceed $1,000,000.00, plus interest. Plaintiff requests the imposition of a constructive trust over all sums received by Defendants from the Series. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment as follows: 1. For compensatory damages in an amount to be determined according to proof at tial; 2. Fora declaration that Plaintiff is entitled to compensation and credit as writer and creator of the Series, including all derivative, ancillary and merchandising rights and interests that have or will flow from Plaintiff's original concept that is now known as “Black-ish” 3. Foran accounting of all monies, benefits, and royalties received by Defendants from Defendants’ exploitation of Plaintiff's idea and/or Original Untitled Script through the development of the Series; 4, For the imposition of a constructive trust; 5. Forattomey’s fees as provided by law; 6. For costs of suit; and, 10 ‘COMPLAINT2 7. For such other relief as the Court deems just and proper. INGBER & ASSOCIATES A PROFESSIONAL LAW CORPORATION Fae | Kenneth S, Ingber, Esq. Karol H. Ingber, Esq. Benson K. Lau, Esq. Attorneys for Plaintiff BRYAN BARBER Dated: September 9, 2016 By: CARLSEN LAW CORPORATION By: pM, be Miles Carlsen, Esq, Attorneys for Plaintiff BRYAN BARBER Dated: September 9, 2016 i ‘COMPLAINT2. e@ cM.01 ARS Eke RAN PRA a Trnkes SEIT 18116) FOR COURT USE On [Reeds Ingher SBN TS INGBER & ASSOCIATES, A PROFESSIONAL LAW CORPORATION 30101 Agoura Cour, Suite 119; Agoura Hills, CA 91301 reasmonevo: (818) 707-3811 sano: (310) 933-0301 Fi senses Paint BRYAN BARBER Superior Gaui of Calorie [suPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles tounte rtf ee Annales steeersooress: 111 N. Hill Street uaums aooeess: (same as above) SEP 09 2016 ervaozecone Los Angeles 90012 swiciue: Stanley Mosk Courthouse see ap agg seas CASE NAME: LL Depty BRYAN BARBER v. KENYA BARRIS, et al. CIVIL CASE COVER SHEET ‘Complex Case Designation Elms : ueinet Cumin |) coumer Cl omar | ——-BCERR ATE | demanded demandedis | Filed wih frst appearance by defendant exceeds $25,000) _ $25,000 or less) (Cal. Rules of Court, rule 3.402) err: ‘tems 1-6 below must be completed (see instructions on page 2) [f-“Gheck one box below forthe case type that best describes this case! Auto Tor Contract Provisonally Complex Civil Litigation Co ato 2) ‘each of contaciwaranty (06) (a Rules of Coun als 30003403) Uninsured motorist (46) Rule 3.740 collections (09) ( Anitust trade regulation 03) ‘Other PUPDAND (Personal injury/Property Other collections (08), [1 Construction defect (10) DamageMrongful Death) Tort Insurance coverage (18) 2) Mass tor 40) ‘Asbestos (04) Other contract (37) [1 Secures tigation (28) Product abit (24) Real Property (5) Environment Toxic tort (20) Meal malpractice (66) (Eminent domaintoverse Insurance coverage clans asing from the TS oer evra ey Sandon 9) Sone ee tap an Non PUPOID (than To rong evtn 5 aes Business tonunfi business practice (7) L_} Ot real property (28) Enforcement of Judgment 2) ciara (08) Unlawful Detainer (Co Enforcement of judgment (20) TE) petamation (13) [J commercia (31) Miscellaneous Civil Compl Paes [I essen 2) (2 rcoen T) veectuat propery (19) 1 orgs 28) otter compan rat spect above) (42) Professional negigence (25) pspanevew Miscellaneous Civil Petition Other non PUPOAD tort (35) [Asset tree) Parinerthip and corprate governance (21) Employment Pelion: ariraion award (11) [=] oer petion (nt speced above) (3) 1 Waengttteminaon 26) [wet ot mana 2) oes [1 other employment (15) (7) other juciciat review (38) 2. Thiscase [_Jis LZJisnot complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the Tae toqug excep uel management 2. [} Lage number ot separately represented partes] Large number ot winesses ©.) Extensive maton pracoe raising afcut or novel_e. (Coordination wt late actions pening in one or more couts Isuea ta il be tmeconsuing to reecve Incther coun, sates, or cours, rina federal cout (2) Substaial amount of ocumentary ewdence 1. (Substantial postudgment judicial supersion Remedies sought (check all that apply): a7] monetary ».[7] nonmonetary; declaratory or injunctive relief ¢. [_] punitive Number of causes of action (specity): 6 Tris case [is isnot a class action suit. It there are any known related 3€6, file and serve @ notice of related case. (You may use form CM015) Date: September 9, 2016 Kenneth S. Ingber_ » TROT, TRE OF FATT OR RT RNET FOR FART NOTICE « Plaintif must fle this cover sheet withthe fist paper fled in the action or proceeding (except small claims cases or cases filed Under the Probate Code, Family Code, or Welfare and Insitutions Code). (Cal. Rules of Cour, rule 3220.) Failure to file may result in sanctions. * 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 ofthis cover sheet on all ‘other parties tothe action or proceeding, * Unless this is a collections case under rule 3.740 or a complex case, this cover sheet willbe used for statistical purposes onl get Fempapies ners os CIVIL CASE COVER SHEET Gi hie ito wero Sa 9 aaa eet a See mananathe case is complex. Auto Tort “Ado (22)~PersonalInjuyProperty Damage!Wrongful Death Unineured Motorist (48) (i the ‘case inves an uninsured ‘motonst claim subject to ‘rbration, check bis lem instead of Auto) (ther PUPDIWD (Personal ‘Asbestos (08) ‘Asbestas Property Damage ‘Aabestes Personal ny \irangfl Death Produc Lisily (not asbestos or toxiclervronmental (28) Mesical Malgractce (48) Medical Malpracioe- Physicians & Surgeons Other Professional Heat Care Malpractice ther PUPEAND (23) Premises Liab (e., sip ans al) Intetioxal Belly Inury/POWD (eq), assault vandalism) Intention! iticton of Enatonal Ostress Negligent Inficton of Enatonal Distress Other PUPDIND ‘Non-PUPDIWD [Other) Tort ‘Business TorvUnfar Business Practice (07) Civil Rights (e9, discrimination, false ares) (nt ci harassment (08) Defamaton (eg, slander, ibe!) 3) 2 Fraud (16) 2 Inelecial Property (19) Professional Negligence (25) S ptaracse 2 Ser Beltsert apacice (not medical or legal) oer lem bUSDINB To (8) Eemotaynent «<0 Wiongful Termination (36) Other Emp eyment (15) ‘raion 0H CASE TYPES AND EXAMPLES Contract ‘Breach of ContrachWarranty (06) ‘reach of RentalLease Contract not unlawttdetsner or wrongful eviction) ContraciWerranty Breach Soler Plait not raud or negigence) Negligent Breach of Contracd ‘Warranty Other Breach of ContractWarranty Ccolections (eg, money owed, open book acoourts) (09) Collection Case-SellerPaitif ey Promissory Neeotectons Insurance Coverage (not provisionally complex) (18) ‘Ado Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domalninverse ‘Condemnation (4), Wirongul Eviction (33) Other Real Propet (2.9, quit til) (26) ‘Writ of Pseession of Real Property Mortgage Forecosure Quet Tite Otter Real Property (not eminent domain, andlordtenant or foreclosure) Unlawful Detainer ‘Commercial (31) Residential @2) (Drugs (38) (the case involves illegal rugs, check this tem: otherwise, report as Commercial or Resident) Juicial Review: ‘Asset Fofeture (05) Petiion Re: Arbitration Award (11) Wirt of Mandate (02) ‘are-Acministraive Mandamus \t-Mandamus 09 Limited Court Case Mater Wt-Other Limited Court Case Review Other Jusictat Review (39) ‘Review of Heath Otier Order Natio of AppealLabor Commissioner Appeals CIVIL CASE COVER SHEET Provisionaly Complex CW Litigation (Cal Rules of Court Rules 3.400-3.403) “antitustTrade Regulation (03) ‘Conetruction Defeat (10) ‘Gains involving Mass Tort (40) Secures Ligation (28) Environmental Tax Tot (30) Insurance Coverage Ciaims {arising from provisionally complex case type stad above) (41) Enforcement of Judgment. tenforcement of Judgment (20) ‘Abstract of Judgment (Out of County) Confession of Judgment (2on- domestic relations) ‘Sister State Judgment ‘Administraive Agency Award {rot unpaid taxes) PetitoniCercation of Enty of Judgment on Unpaid Taxes (eg Enforcement of Judgment Miscellaneous Civil Complaint RICO @7) Other Complaint (no species ‘above) (42) Declaratory Retief On Ingnetive Relief Ol ino harassment) Mechanics Lien (Other Commercial Complaint Case (nortortnon-comples) ‘other Cl Complaint Yon tortho-comlex) Miscellaneous Givi Petition Perinrship and Corporate ‘Governance (21) ‘Other Petition (not speciod above) ($3) Givi Harassment ‘Workplace Violence ElderDependent Adut ‘Abuse Election Contest Petion for Name Change Petiion for Reet From tate ‘clam (ther Civil PeitionSen CSE MOMBER BRYAN BARBER v. KENYA BARRIS, et al. BC E39 4) 9 CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court. Item L. Check he ypes of hearing and fin the estimated length of hearing expected for his case uryTe1i.? WZ) ves cuassaction C] ves ummeocaser Clyes tie esrmareD FoR TRIALS _[) HouRsi 2) pays Item Il, Indicate the correct district and courthouse location (4 steps ~ If you checked “Limited Case”, skip totem Ill, Pg. 4) Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected. Step 2: Check one Superior Court type of action in Column B below which best describes the nature ofthis case tf ’ . & . Step 3: In Column C, citcle the reason for the court location choice that applies to the type of action you have checked. For any exception tothe court location, see Local Rule 2.0, Applicable Reasons for Choosing Courthouse Location (see Column C below) 4 lasagne ns be edn the Staley Meek Course cna dic, § Location ol opr or emanenty grges vice lay be ad in central oer county. or Ro Bool) mjuypropery damage cation utere peNioner ress, 5 datonuhere saute st octon arte uae ms 3: Location wnereh cefencanvrespondent functions whol. 2 Licata hae Body ny death of arage pce §: Locton where one or mare of fe pares este. 5: Lacaton vere pertormancs requred or defendant estes 10: Locaton of Eabor Commissioner Step 4: Filin the information requested on page 4 in item Il; complete Item IV, Sign the declaration A B c CG Case Cover Sheet Type of Action Applicable Reasons Category No (Check only one) ‘See Step 3 Above Auto 22) 1D A7100 Motor Vehicle - Personal ijuryProperty DamageWrongtul Death — | 1,24 ‘Auto Tort Uninsured Motorist (46) | 0 A710 Persona InuryiPropery Damage/Nirongful Death — Uninsured Motorist | 1, 2.4 1 ABUT. Asbestos Povey Comage 2 ‘Asbestos (04) ae 1. A722 Asbestos -Pesoalinuytong Death 2 B= | Proauctinay ao) | A7260 Prodi abaya asexce ornare 12.848 3s 1 AT210 Medical apace -Phyians & Sugeors 1 SS | medical Malpractice 45) a ies i ; 23 1. 57240 Cte: roessona Heath Care Malacice 1a gs #7280 Pree ty pata i 2S Other ” =} ceMhiy [O_ A7200Inenoral Boy nyPrpey CamageronghiDesties, | 44 28 | Soyodg. Sst vontsn a) . aE O_A7270 Intentional infiction of Emotional Distress, 148 ._A7220 Other Personal InjuryiProperty Damageirongful Death 14 LACIV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 1 of 4aR ase NSER BRYAN BARBER v. KENYA BARRIS, eta A B c Cit Case Cover Shest Type ot ton Agpicable Reasons - Category No (Check onion) Bee Sep 3 Above Business Tot (7) 16029 Other ConmeriavBusiness To (ot Faeach of ontrac) 1.3 25 ge Citas 8) 185005 Ci RighsDisciinaton 1.2.8 $4 Defamation (13) ‘6010 Defamation (andere 4.2.8 33 2 Fraud (16) 16013 Fraud (ro contac) 12.8 ss 7 3 ‘6017 Lege Malpractice 1.2.3 EB | pressona nesience 5) pare 5& D_AB050 Other Professional Malpractice (not medical or legal) 142,83 Ober 8) ‘6025 ther Non Persona nuniProperty Damage ot 20 = ‘Wrongful Termination (38) 'A6037. Wrongful Termination 142,38, z FL comcmpnmenga [2 Mi Orer Empey Conan Coe 128 E er Enpioyme ‘6109 Labor Commisone Appeals ‘0 "6004 roach of Retaase Conc (tual detanerorwergtl |p evcton) : Breast Contac Waren | goon coxractarany See Sele Pn ofouinetgene) |? {oot insurance) ‘ABOI9. Negligent Breach of ContractWarranty (no fraud) age (A602. Other Breach of Contract/Werranty (not fraud or negligence) oe 8 ‘A6002 Collections Case-Seller Pratt 2.5.6. £ Cotecton (09) & 8012 Othe Promissory NolelCoectons Case Irsurarce Coverage (18) | AB015 Insurance Coverage (ot compen) 1.2.5.8 ‘6008 Contractual Fraud 4.2.8.5 ter Conta (37 ‘6091 Tortus Interterenoe 4.2.8.5 6027 Other Contact isuttnt breschinsirancetravstegigence) | 1,2,3,6 Ergon Daranliness Tq 47300 Eminent DomsinConsennaton Number ofpxcek 2 | vrerotteveen 9 [a 16023 went Eton Cove 26 2 4 8018 Mortgage Foredosure 2. © | ouerreatmopeny as) | Asnte Quel Tee 2 £6060 Othe Real Property (re einent domain, andorenan fredosue) | 2, ag [ ease ean -ComercstT 5 ago2t Uni Detain Cormnarcial (rt geo wong evn) 2.6 <2 | UrawtaDetaner resident | 5 ggg20 nial Onan Reset (no rugs or wong evian 2.6 SS en eee -A6O2OF UnlowtlDetine-Pest Foredosure 2.6. == | newt detanerongs 28) | A8022 Unawtl Detainer Orgs 2.6 m TaaIv 109 er OBA) CIVIL CASE COVER SHEET ADDENDUM Local Rule 20 LASC Approved 08-06 AND STATEMENT OF LOCATION Page 2 of 4SHORTT ASE MME BRYAN BARBER v. KENYA BARRIS, et al. A B c Ci Case Cover Sheet ‘ype of Acton ‘Applicable Reasons - Category No. {Cheek ony 0) See Sep 3 Above ‘Asset Forte (05) | 0. A608 Asset Foreie Case 2.8 | Pationrearivaion tt) | Ast18 Pelion to CompetontmVacste Abiration 2.5 3 @ 0 ASIS1. Wait Adnstative Mandamus 2.8. 3 ‘Wt of Mandate (02) | ABTE2 Wit-Mandomus on Limited Cout Case Mater 2 3 0 AGIS3 Wit- Other Limited Cour Case Review 2 tre suical Review (3) | @ ABTSO Other Wit Medical Review 2.8 gg _| Anttustrade Reqiaton (03) [0 A6003. Anus Trade Regulation 1.2.8 SE | consmcion detec 10) | 6007 Consnscton Detect . 1.2.3 H|Gtsmsimeriraass Tor | cy aeo06 css ling Mas Tot 1.2.8 5 S| secures uigaton 2) | A605 Secures Ligation Case 1.2.8 z Tose To covnironmana 2 ence gy |B. A096 Tone Tottmiormertal 1,2,3,8 E | inawonce Coverage Cains Insurance CoveagerSubrogaton (complex cate on! murrge Coverzge Cains | cy AG014 Insurance CoverageSubrogatn (comp ” 4,2,5,8 1 AB141 Sister Sate udgment 2,8 ee 16160 Abstract of Judgment 2.6 ge Enforcement 18107 Confession of Judgment (non-domestic reltion) 2.8 $3 of agent (20) |. 640 Administrative Agency Award (no unpas taxes) 2.8 as 1D A6114 Pettin/Cetcate for Ey of Judgment on Unpaid Tax 2.8 1 AG112 Other Enforcement of Judgment Case 2.8.9, RICO (27) 1 AB033. Racketeering (ICO) Case 1.2.8 4 cote conpins | © ABO Ive Rll O (nt domesicharssmen) 2a 2 (ct Speci Above) 42) |r agott other Commercial Gompsint Case (nn rtnon-complex) 1.2.8 158000 Other Civ Complain (nan tornon-complex) 1.2.8 artersnp Corporation tneship Cooaraton Yq “Agtt3 Pannership and Corporate Governance Case 2.8 aA 6121. ChitHarassment 2,3, 38 ©6123 Workplace Harassment 2.3 ae coer ettons | 8 AB124 ElerDependent Adit Abuse Case 2,3,9. 33 (Wot Speciied Above) |. A6180 Electon Contest 2 3° GD 1 ASII0 Pelion or Change of Name 27 S 1D A617O Petition for Rate rom Late Chaim Law 2.3.4.8 1D 6:00 Ofer Cat Petton 2.9 Trew 109 (Rew a3) CIVIL CASE COVER SHEET ADDENDUM Local Rule 20 LASC Approved 03.04 AND STATEMENT OF LOCATION Page 30f 4HORT TE CASE NOMOE BRYAN BARBER v. KENYA BARRIS, et al. Item Il, Statement of Location: Enter the address ofthe accident, party's residence or place of business, performance, or other circumstance indicated in tem W,, Step 3 on Page 1. asthe proper reason for fling in the court location you selected REASON: Check the appropriate bores for the numbers shown | 2000 Avenue OF The Stars 34 Floor, North Tower under Column C forthe type of action that you have selected for this case O1. a2 6.07.08. 09.010 or ‘sate, | aPoooe Los Angeles ca 90067 Item IV. Declaration of Assignment. | declare under penalty of perjury under the laws ofthe State of California thatthe foregoing is true and correct and thatthe above-niled matter is properly fled for assignment tothe Stanley Mosk courthouse in the Central Distt ofthe Superior Court of Calfoia, County of Los Angeles (Code Gv, Proc, § 382 et seq, and Local Rule 2.0, subds. (b) (c) and (¢)] Asie Dated: 9/9/2016 (SIGNATURE OF ATTORNEVFAING PARTY) PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE: 1. Original Complaint or Petition, 2. Iffiling 2 Complaint, a completed Summons form for issuance by the Clerk 3. Civil Case Cover Sheet, Judicial Council form CM-010. 4 Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev. 03/11. Payment in ful ofthe fling fee, unless fees have been waived. 6. Assigned order appointing the Guardian ad Litem, Judicial Council form C1V-010, ithe plaintif or petitioner is @ minor 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 addendum ‘must be served along with the summons and complaint, or other initiating pleading in the case. LACIV 109 (Rev. 03/19) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 4 of 4