Uhhh SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-16-2017 9:23. am if Case Number: CGC-17-557575 | Filing Date: Mar-16-2017 9:21 | Filed by: MEREDITH GRIER | Image: 05783888 COMPLAINT MODERN APPEALING CLOTHING VS. IVANKA TRUMPS MARKS, LLC ET AL 001005783888 Instructions: Please place this sheet on top of the document to be scanned‘SUM-1 unmoNs aT Eelam (CITACION JUDICIAL) NOTICE TO DEFENDANT: {AvISO AL DEMANDADO): IVANKA TRUMP MARKS, LLC; and Does | through 50, inclusive, YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): MODERN APPEALING CLOTHING, individually and on behalf of others similarly situated, NOTICE? You have been sued. The Sour may dod agaist you wihou your boing Reard unless you respond with 30 days, Road the iermaton below ‘You have 30 CALENDAR DAYS after his summons and legal papers are served on you tole a writen response at is court and have 9 copy sored onthe pani A leter or phone cal wil ot protect you, Your wien response must ben proper lagal form ¥ you want tne cour oar your taco, There may bea court orm tha you can use fr your response. You can these cour forms ard more formation at tho Calfomia Courts (nine Seitelp Canter (wiv cournf.ca govseiMep), your count law brary, ore courthouse nearest you, I you cannot pay the fing fe, ask the cour clerk fora fee waver form. you donot le your response on time, you may ose the case by dela. and your wages, money. ae property ‘may be taken without further warring fom te cou. "There are oer legal reqarements. You may wanto cal an attorney right away you donot know an atorney, you may want ocala attorney releral sence, you cannot afford an attorney, you maybe eigbe for fee legal Services fom nonproftlaga services program. You can focte these nonproft groups a the Callomia Legal Servces Web sta (wie awhopeatfoma.o), to Calfoma Courts Onine Salle Concer (wa courtno.ca govt). or by contacting your local cour or county bar assocation. NOTE: Te cour has a satay Hen or waived fees and oats on any settement oration award of $10,000 or more na cv case, The cours len mUSt be pad before Be cout wil dismiss ve caso. IAVISO! Lo hon demandedo. Sino responde dento de 30 ae, a carte puede decid en su contra an escuchar su version. Laa a infomacin @ fantinuacién. Tene 30 BIAS DE CALENDARIO despues de quel entreguon eta clei y papel agsles par presentar une respuesta por esero en esta carey hacer que 38 entregue una copia a demandante. in carta o une lamada tefnica na fo potegen. Su respusea por eacrio tiene que etar fn farmato egal carecto desea que procesan su caso oa core. Es pose quo haya un ermutaro quo usted pueda usar para Su rspuesta uodo encontrar esos formularos de a corte y mis infamactn ene] Convo de Ayu de as Cortes do Calfoa www sucort ca gov), ela biblotace de leyas de su condago oan la corta quo le quade mas cerca. Sino puede pager la cuata de prosentactn, pda al secotato de a cote {u0 ea un formulae do exoncin do pago de cuolas. Sino presona su respuesia 2 fempo, puede perder o caso por incumlnioto la core lo od guitar su suelo, dinero y bienes sin mas advertenca, ay aos equistosiegaes. Es recomendabie que lame a un abogado Inmediatamente iro conoce a un sbogado, puede lamar a un serio oo remién a sbogades. Sino puece pagar sun abogade, es pose que cumple can lo requisios para ablenersencos legates gratutos de un programa de saris legals in nos de luc. Puede encontrar estes grupos si fines do luc en sto web de Calfomia Legal Services. {wrmu iawheipcatfenia‘rg). en el Canto do Ayuda do las Cartas de Calor, (wer score cago) © poriandose on contacto con fa coro o {olgio de adogedos locales AVISO: Por ley, a cate ene derecho a reclame as cuotas ys osios eventos por pore un gravamen sobre Cuaigirracuperactn de $0,000 6 mas de valor recde madlant un acuerdo o una concesin de arbitral en un caso de derecho cl. Tene que agar et gravamen Gets cote aries de que fa cate pueda dosochar caso. ‘The name and address ofthe cour is rams (Elnombre y direccisn de la corte es): San Francisco Superior Court eC 7 -557575 400 McAllister Street San Francisco, CA 94102 The name, address, and telephone number of plaintiffs attorney, or plant without an attomey, is: (Elombre, ta dreccion y el numero de teléfono del abogado del demandante, 0 del demandante que no iene abogado, 0s): R. Michael Lieberman, 1398 Post Street, San Francisco, CA 94109, 415-929-3197 CLERK OF THE lerk MERI ease, MAR 1 62017, court ary, _ MEREDITH GRIER 4p A\2=0, (For proc? of sence oF is sammions, use Prot of Senco of Summons (orm POSOTO)) 7 (Para prueba de entrega de esta citation use el formularo Proof of Service of Summons, (POS-010), NOTICE TO THE PERSON SERVED: You are served 1. LJ as an individual defendant. 2. [Ej] asthe person sued under the fictitious name of (speci) 3, (J onbehat of (speci): under: I cop 416.10 (corporation) (5) cor 416.60 (minor 5) cc 416.20 detunct corporation) =]. CCP 416,70 (conservateo) (J cP 416.40 (association or partnership) [=] CCP 416.90 (authorized person) other (speci 4. [by personal delivery on (cate): Fang aoe em “olan ete ‘SUMMONS: Siete a as ey) seerLaw oFvices of R. Michael Lieberman 1398 Boa Steet, San Francisco, fornia 94109 1" 2 13 14 15 16 7 18 19 20 at 23 24 25 26 R. MICHAEL LIEBERMAN (SBN 120831) LAW OFFICES OF R. MICHAEL LIEBERMAN 1398 POST STREET SAN FRANCISCO, CALIFORNIA 94109 TELEPHONE: (415) 929-3197 FAX: (415) 929-3476 PATRICIA E, HENLE (SBN 85663) LAW OFFICES OF PATRICIA E, HENLE 1398 POST STREET SAN FRANC , CALIFORNIA 94109 TELEPHONE: (415) 929-3197 FAX: (415) 929-3476 Attorneys for Plaintiff MODERN APPEALING CLOTHING sen FILED MAR (6e0t7 GLERK QE THe sOURT otuasl Gate SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ~ UNLIMITED JURISDICTION MODERN APPEALING CLOTHING, individually and on behalf of others similarly situated, Plaintiffs, vs IVANKA TRUMP MARKS, LLC; and DOES 1 through 50, inclusive, Defendants. CGC-17-597575 NO. CLASS ACTION COMPLAINT FOR DAMAGES FOR UNFAIR COMPETITION UURY TRIAL DEMANDED] 1/ COMPLAINT FOR DAMAGES FOR UNFAIR COMPETITIONLaw OFFICES of R. Michael Lieberman 1398 Post Steet, San Francisco, California 94309 10 " 12 13 14 15 16 18 19 20 21 24 26 Plaintiff MODERN APPEALING CLOTHING, on behalf of itself and all other persons similarly situated, brings this civil action against the above- named defendants, and each of them, demands tial by jury and complains and alleges as follows: ‘THE PARTIES 1. This is an action for unfair competition by a San Francisco clothing and accessories business in California that directly competes with defendant IVANKA TRUMP MARKS, LLC, in the sale of women’s clothing and accessories. Plaintiff seeks a court order forbidding defendant IVANKA ‘TRUMP MARKS, LLC, and DOES 1 through 50 from continuing to compete unfairly with plaintiff in the woman’s clothing and accessories business in California. 2. As more fully set forth below, plaintiff's claims are based on unfair advantage that defendant IVANKA TRUMP MARKS, LLC has gained from Donald J. Trump being the President of the United States and from Ivanka Trump and her husband, Jared, working for the President of the United States. That advantage is specifically prohibited by the Constitution and laws of the United States and the laws of the State of California, The effects of that unfair advantage are magnified greatly by marketing activities of defendant IVANKA TRUMP’s officers and employees and the similar activities of Donald J. Trump, his family, his agents and employees and the White House staff and advisors, including, but not limited to, 2/ COMPLAINT FOR DAMAGES FOR UNFAIR COMPETITION9 AX: 445 999:3478 Law oFrices of R. Michael Lieberman ‘98 Post Street, San Francisco, California 94109 10 1" 12 13 14 15 16 7 18 19 20 21 24 25 26 Counselor to the President Kellyanne Conway and White House Press Secretary and Communications Director Sean Spicer. 3. Plaintiff MODERN APPEALING CLOTHING (“MAC”) is a California partnership consisting of Ben Ospital, Chris Ospital, and Jerry Ospital. Plaintiff MAC’s principal place of business is in the State of California in San Francisco. Plaintiff MAC owns and operates two clothing and accessories businesses in San Francisco and specializes in women’s clothing and accessories. Plaintiff MAC, which has been in business for nearly 40 years, has a worldwide reputation. 4. Plaintiff MAC brings this class action on behalf of itself and all other similarly situated clothing and accessories businesses in California against defendant IVANKA TRUMP MARKS, LLC (“IVANKA TRUMP”) and DOES 1 through 50, inclusive. This action is maintainable as a representative action pursuant to California Code of Civil Procedure §382. Plaintiff MAC is representative of other women's clothing and accessories businesses and is acting on behalf of their interests. The similarly situated businesses are readily identifiable and locatable. The Class that plaintiff MAC seeks to represent is defined as follows: “All women’s clothing and accessories businesses in California at any time from November 9, 2016, through the date of the trial.” The individuals included within the Class are so numerous that joinder of each of them would be impracticable and the disposition of their claims in a class action, rather than in numerous individual actions, will benefit the parties, the Court, and the interests of justice. Among the proposed Class there is a well- defined community of interest in the questions of law and/or fact involved 3/ COMPLAINT FOR DAMAGES FOR UNFAIR COMPETITIONLaw oFices of R. Michael Lieberman ‘598 Post Steet, San Franeiso, California 94i09 TEL: 415910°3197 # FAK: 4159299006 10 1 12 13 14 15 16 7 18 19 20 a 22 23 24 25 26 affecting the Class Members. Common questions of law and/or fact predominate over questions that affect only individual Class Members. Plaintiff MAC’s claims are typical of those belonging to the members of the Class they seek to represent and plaintiff MAC can adequately represent the Class it seeks to represent. 5. Plaintiff is informed and believes and thereon alleges that at all material times defendant IVANKA TRUMP is a limited liability corporation organized and existing under and by virtue of the laws of Delaware and doing business in the State of California in San Francisco County and throughout California, 6. Plaintiff is unaware of the true names and capacities of the individuals sued herein as DOES ("DOES") 1 through 50, inclusive. Plaintiff, therefore, sues these defendants by these fictitious names. Plaintiff is informed and believes and thereon alleges that each of these fictitiously named defendants are responsible in some manner for the acts, omissions, and occurrences herein alleged and that plaintiff's losses as herein alleged were proximately caused by such acts, omissions, and occurrences. Plaintiff will amend this Complaint to allege the true names and capacities of these fictitiously named defendants when ascertained. 7. Plaintiff is informed and believes and thereon alleges that at all material times, DOES 1 through 25, inclusive, own and control defendant IVANKA TRUMP and exercise substantial authority in devising and implementing policies at defendant IVANKA TRUMP. Any reference to 4/ COMPLAINT FOR DAMAGES FOR UNFAIR COMPETITIONLaw offices of R. Michael Lieberman ancisco, California 94103 ‘TEL: 415-929-3197» FAX: 4159293476 1398 Post Street, San 10 " 12 13 14 15 16 7 18 19 24 24 25 defendant IVANKA TRUMP in this Complaint includes DOES 1 through 25, inclusive, as well. 8. Atal material times, defendant IVANKA TRUMP acted by and through its officers, agents, and employees, including the defendants fictitiously named herein, each of whom was acting within the purpose and scope of his or her agency or employment and whose acts, omissions and conduct alleged herein were known to, authorized by and ratified by defendant IVANKA TRUMP. 9. At all material times, defendants, and each of them, acted as the agents of one another in the acts, omissions and occurrences herein alleged. 10. The acts, omissions, conduct, contracts, promises and violations of the law herein alleged were done, made, performed or to be performed in substantial part in the County of San Francisco, State of California. I FIRST CAUSE OF ACTION UNFAIR BUSINESS PRACTICES 11. Plaintiff incorporates herein by reference the allegations contained in the Paragraphs above as though fully set forth herein. 5/ COMPLAINT FOR DAMAGES FOR UNFAIR COMPETITIONLaw opFices of R. Michael Lieberman 1398 Bost Stee, San Francisco, California 94109 ‘WEL: 415939°3197 «TAR: anS-9293a96 10 " 12 13 14 15 16 17 18 19 20 21 22 23 24 26 12, Plaintiff brings this Cause of Action individually and as a representative of all others subject to defendants’ unfair business practices, 13, Business and Professions Code §17200 prohibits unfair competition in the form of any unlawful, unfair, or fraudulent act or practice. 14, Business and Professions Code §17204 allows “any person who has suffered injury in fact and has lost money or property” to Prosecute a civil action for violation of the Unfair Competition Law. 15. Because plaintiff MAC and defendant IVANKA TRUMP are both in the women’s clothing and accessories business, they compete against one another. 16. On November 9, 2016, the day after Donald J. Trump was elected President of the United States, the competition between plaintiff MAC and defendant IVANKA TRUMP began to favor defendant IVANKA TRUMP. Plaintiff MAC is informed and believes and thereon alleges based on news reports that, since the election, sales of defendant IVANKA TRUMP’s women’s clothing and accessories have surged several hundred Percent compared to last year. 17. Plaintiff MAC is informed and believes and thereon alleges that defendant IVANKA TRUMP’s sales of women’s clothing and accessories have surged since the election because of unlawful, unfair, or fraudulent 6/ COMPLAINT FOR DAMAGES FOR UNFAIR Ci PETITION: promotional activities by, but not limited to, defendant IVANKA TRUMP, agents and employees of defendant IVANKA TRUMP, Donald J. Trump s || (individually, as Ivanka Trump's father and as President), agents and - employees of Donald J. Trump (individually, as Ivanka Trump's father and 5 | as President). These unlawful, unfair, or fraudulent promotional activities 6 || include, but are not limited to: 7 8 Defendant IVANKA TRUMP and its employees and agents 7 have, since the election, promoted defendant IVANKA . TRUMP’s brand by exploiting the power and prestige of the é 5. a | White House for personal gain, including, but not limited to, res Piggy-backing promotion of defendant IVANKA TRUMP Bag products on appearances at executive branch and other gu: 8 governmental events. a bu | B. President Donald J. Trump and his individual and White Ere 16 House employees and agents have, since the election, 5 ” Promoted defendant IVANKA TRUMP brand by exploiting the 1s || power and prestige of the White House. For example, President Donald J. Trump has condemned Nordstrom and * other retailers for dropping defendant IVANKA TRUMP’s line. 2 | As another example, Counselor to the President Kellyanne cl Conway endorsed defendant IVANKA TRUMP’s products on — February 9, 2017, in an interview on Fox News from the White 2 | House briefing room with the White House insignia visible a | behind her. As another example, White House Press Secretary 25 | and Communications Director Sean Spicer has used his 26 | 7/ COMPLAINT FOR DAMAGES FOR UNFAIR COMPETITIONLaw oFsices of R, Michael Lieberman 1398 Post Street, San Francisco, California 94109 TEL: 415-929-3197 « AX: 445-929:3476 10 1" 12 13 14 15 16 7 18 19 20 24 23. 25 26 Positions at the White House to support defendant IVANKA TRUMP. 18. The above-described unlawful actions constitute false, unfair, fraudulent, and/or deceptive practices within the meaning of California Business and Professions Code §17200 et seq. 19. Plaintiff is informed and believes and thereon alleges that the increase in defendant IVANKA TRUMP’s sales will continue and the competition between plaintiff MAC and defendant IVANKA TRUMP will continue to favor defendant IVANKA TRUMP because defendants continue to fail to take appropriate steps to avoid exploiting public office for private gain. 20. Asa result of their unlawful acts, defendants have reaped and continue to reap unfair benefits and illegal profits at the expense of plaintiff MAC and the Class it seeks to represent. Defendants should be enjoined from this illegal activity and made to disgorge these ill-gotten gains and pay restitution to plaintiff MAC and the members of the Class. 21. Plaintiff incorporates herein by reference the damage allegations below as though fully set forth herein. 8/ COMPLAINT FOR DAMAGES FOR UNFAIR COMPETITIONLaw orrices of R. Michael Lieberman TEL: A15-939°3197« PAK 415-905-3478, 10 " 12 13 14 15 16 7 18 19 2 23 24 26 nL SECOND CAUSE OF ACTION CONSPIRACY 22. Plaintiff incorporates herein by reference the allegations contained in the Paragraphs above as though fully set forth herein. 23. Defendants, and each of them, knowingly and willfully conspired and agreed among themselves to damage plaintiffs financially by the unfair business practices herein alleged ("Defendants' Conspiracy"). 24, Pursuant to Defendants' Conspiracy, and in furtherance thereof, defendants acted as herein alleged. 25. As a proximate result of defendants’ wrongful acts and omissions herein alleged pursuant to Defendants’ Conspiracy, defendants, knowing of and part ating in Defendants’ Conspiracy herein alleged, did wrongfully act as herein alleged. 26. Plaintiff incorporates herein by reference the damage allegations below as though fully set forth herein. DAMAGES 27. The extent of plaintiff's losses as a result of defendants’ unt business practices are subtle and difficult to quantify. As a result, plaintiff has no adequate remedy at law. 9/ COMPLAINT FOR DAMAGES FOR UNFAIR COMPETITIONLaw oFFices of R. Michael Lieberman 1398 Post Street, San Francisco, California 94109 “TRL: 415-9293897 « PAK: 445929°3476 10 1" 12 13 14 15 16 7 18 19 20 2 24 25 28. To remedy the unfair competition by defendants, this Court should order defendants to discontinue their unfair competition. PRAYER FOR RELIEF WHEREFORE, plaintiff prays for relief and judgment against defendants, and each of them, as follows: Certification of plaintiff's claims as a class action pursuant to California Code of Civil Procedure Section 382 on behalf of the proposed Class; B. Class Notice to all women’s clothing and accessories businesses in California at any time from November 9, 2016, through the date of the trial; C, That the Court adjudge and decree the rights, duties and ies of the parties; dD. That the Court declare that defendants have engaged in unfair competition; That the Court issue an order preliminarily and permanently enjoining defendants from engaging in the practices challenged herein; F. For an order that defendants make restitution to plaintiff MAC and Class Members due to their unlawful business Practices as described herein pursuant to California Business and Professions Code Section 17200 et seq.; 10/ COMPLAINT FOR DAMAGES FOR UNFAIR COMPETITIONvices of R. Michael Li 1398 Post Stree, San 10 " 12 13 14 15 16 7 18 19 20 2 24 25 26 G. That the Court adjudge and decree that defendants, and each of them, pay plaintiffs’ attorneys’ fees and costs of suit herein; and H. That the Court grant such other and further relief as the Court deems just and proper under the circumstances. DATED: March 15, 2017 LAW OFFICES OF R. MJCHAEL LIEBERMAN f \ By: Af —— R. MICHAEL LIEBERMAN Attorneys for Plaintiff MODERN APPEALING CLOTHING 11/ COMPLAINT FOR DAMAGES FOR UNFAIR COMPETITIONcM.o10 "AOR ON ARTY IOUT ALOREY Rare ents avai) Ton count use ony 'R Michael Lieberman (SBN 120831) | Law Offices of R. Michacl Lieberman 1398 Post Street, San Francisco, CA 94109 reuemore no. (415) 929-3197 2x10. (415) 929-3476 7 Fanta trom on sur Plniff MODERN APREALING CLOTHING enn Anne Srneriot Court ‘oF cauroawa, cout or SAN FRANCISCO ‘ner scores 400 Mcallister Sheet raw a cooe San Francisco, CA 94102 CASENME Modern Appealing Clothing v. Ivanka Trump Marks, LLC CIVIL CASE COVER SHEET Complex Case Designation “eeT7 55 Fomor | eominemmimeon CREAT = 957575 (amount (amount Counter Joinder omnes Gemandedis | Fed wih frst appearance by detondant | “9 exceeds $25,000) $26,000 rless)| (Cal Rules of Court uo 1811) a All five (5) tems below must be completed (see Instructions on page 2). 1. Check one box below for the case type thal best describes this case: ‘Auto Tort ‘contract Provislonaly Complex Civil Ligation nto 2) (1 breach ef convaciwaranty (06) (Cal Ros of Court, rules T800="812) Usisres motor 48) TE ceotectons (9) [nueva relation (2) Other PUPDIWD (Personal injuryProperty — —] insurance coverage (18) 1 construction detect (10), Damagertrongl Death) Tort TJ otor contacts T=} mass on) Ty Asvesies (04) fea Property [secures tigaton 2) Pretty 24) 7) errant doraninverse [1 Enwonmenal Toto (9) [Meal mapracie (4) condemnation) ( ieurance coverage cate atsng tom tno ter PUPOID (2) [Meng even (29) ypc a mney complex cane Non-PUPOMD (Other) Tor (otter rat propery 26) Enforcement of Judgment [Z1 bisiness tnt business precio 07) yoiuturDotanee Enoreren of grant (20) oa a rights (08) = Commercial (31) Miscellaneous Civil int amation (12), Resse (2) Crcoen Cy Fa 16) Songs (29 omer complaint rot spected stove) 2) Ineectn property (18) Judea Review Miscellaneous Cv Petition C1 Protessiona negigence (25) Asset torteture (05) {J Partnership and corporate govemance (21) (ne on PURO to (5) Potten re ativatonswarditt) =] Omer penton (nat spected are) Employment 5 wietctmandte 2) [2 Wongtl termination 98) 1 omer employment (18) 2 Thiscase [Tis G71 i not complex under ale 1800 ofthe Calforia ules of Cour the case is complex, mark the factors requrng exceptional judicial managomart a. [—) Large number of separately represented parties d. [—] Large number of witnesses ». [1 Extensive motion practze raising dict ornovel_e. [=] Coordination wit lated actons pending in one or more couts issues that willbe tme-consuing to resolve into: counts, states or counties orinafodral coun ¢. ( Substantial amount of documentary evidences (] Substantal post judgment usta supervon 3. Type romodies sought (check a hat apt 2. CZ] monetary _b. [27] normonetary declaratory orinjunctvereket c. [] punitive 4. Number of eauses of action (speci: 2 5. Thiscase C71 ie C1] isnot aciass acton suit Date: March 15, 2017 R. MICHAEL LIEBERMAN » : Corona as | Raa oon aie ERT NOTICE, + Plait mus tl this cover shoot wth the fst papa fle inthe ation or prosoeding (except smal lame cases or cases fed Lud the Probate, Family, or Weller and Insttutons Code). (Cal. ules of Cour ule 2018) Fale fo fe may recuh Sanctons «Fle is cover sheet in addon to any overshoot quired by lcal courte. {this cae is complex under rule 1800 et seg ofthe California Files of Cour, you must serve copy of hie cover sheet on all ater pares tothe acon or processing + Unies his complex case, this cover shoot willbe used for statistical purposes ony arn For ata ary oe CIVIL CASE COVER SHEET sarchas osc namactaan ‘ittote say) ‘econ gor TI ober aoa! oven (9)