2 2 5 6 1 8 9 10 u 12 13 4 15 16 a 18 19 20 a 2 2B 4 28 26 2” 28 Danvers ear e @ ORIGINAL GEORGE T. CAPLAN (State Bar No. 43821) KRISTOPHER S. DAVIS (State Bar No. os PAUL M. GELB (State Bar No. 214439) DRINKER BIDDLE & REATH LLP LED 1800 Century Park East, Suite 1500 sapeict SE sonia - Angeles Cari, 9067-1517 4s" oun of tos Anosles relephone: (310) 203-4 Facsimile: (310) 229-1285 nea 30 207 George.Caplan@dor.com Kristopher. Dances ‘com ve OfiosdCtrk Paul.Gelb@dbr.com a oe Attomeys for Plaintiffs WARNER/CHAPPELL MUSIC, INC,, WARNER- ‘TAMERLANE PUBLISHING CORP,, and WB MUSIC CORP, SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES ' Bc 667164 WARNER/CHAPPELL MUSIC, INC., & Case No. EE Delaware corporation; WARNER- TAMERLANE PUBLISHING CORP., a California corporation; and WB MUSIC COMPLAINT FOR AN ACCOUNTING CORP,, a California corporation, Plaintiffs, 40 itil EMI MUSIC PUBLISHING, INC., a Delaware corporation; EMI ENTERTAINMENT WORLD, INC., 2 Delaware corporation; and DOES 1 through 20, inclusive, Defendants. BSe gis ggge-22 8 Tare gon “ " 82 B He ] ase 2 son0 eee o® COMPLAINT Doct 4 Pages 1 = Deo xD # 1702247216 ~ oc type « ona(rage 2 of 30) 1 Plaintiffs Wamer/Chappell Music, Inc., Warner-Tamerlane Publishing Corp., and WB ‘Music Corp. (individually and collectively referred to herein as, “Warner”), complain and allege | against defendants EMI Music Publishing, Inc. (“EMI Music Publishing”) and EMI Entertainment World, Inc. (“EMI Entertainment World” and, collectively with EMI Music | Publishing, “EMI”, and DOES ! through 20, inclusive (collectively, “Defendants”, and each of ' them, as follows: NATURE OF ACTIC | 1. Warner is a music publishing company that is a copyright owner and/or ‘administrator of copyrighted musical compositions. 10 2. EMlisa music publishing company that administers copyrights to certain musical 11 | compositions owned and/or controlled, in whole or in part, by Wamer (collectively, the 12 | “Compositions”) throughout the applicable territories pursuant to various agreements between. 13 | Wemer and EMI, or their predecessors in interest. EMI so administers Wamer's copyright 14 | interests in and to certain of the Compositions which comprise the so-called “20th Century Fox. 15 | Catalog” (the “Fox Compositions”). ; 16 3. Warner conducted an audit of EMI Music Publishing and received a preliminary 17 | audit report indicating that EMI has underreported and underpaid Wamer-by approximately fifty 18 | percent (50%) of the royalties Warner is entitled to have been accounted for and peid under the 19, | agreements relating to the Fox Compositions, resulting in underpayments of royalties payable to 20 | Wamer. 2 4, Further, EMI administers Warner's share of the copyrights in and to other 22 | Compositions for Warner, which include, but are not limited to Wamner’s copyright interests in {B23 | and tothe following: (1) musical compositions contained in the so-called “Harms Catalog”; (2) {3 25 | compositions contained in the so-called “Remick Catalog”; (4) certain musical compositions 5 | ' | | | {3 24 } musical compositions contained within the so-called “Witmark Catalog”; (3) musical 26 | witten by Curtis Mayfield; and (5) certain musical compositions written by one or more { 27 | members of the professional musical recording and performing group pik/a “Kool and the Gang” 28 | contained in the so-called “Kool and the Gang Catalog”, among other copyrighted musical Deweerewouste | as13072 2 ‘Ream Co sre on a oct 1 Paget 2 - Doo 10 = 1702247216 ~ Dos Type = om(rage 3 of 18 1} compositions. Because EMI administers all the other Compositions for Wamer through the same 2 | royalty system and procedure at EMI as the Fox Compositions, upon information and belief, EMI 3 | has underreported and underpaid Warner royalties payable to Wamer under the applicable 4 | agreements conceming the other Compositions, as well asthe Fox Compositions. Wamer is 5 | entitled to an accounting of all money due and owing to Warner under the agreements applicable 6 | toallof the Compositions. 1 PARTIES 8 5. Wamer/Chappell Musi, In. is, and at all times relevant hereto was, a music 9 | publishing company ineorporated in Delaware with its principal place of business in Los Angeles, 10 | California, n 6. Wamer-Tamerlane Publishing Corp. is, and a ll times relevant hereto was, a 12 | music publishing company incorporated in California with its principal place of business in Los 13 |) Angeles, California. “4 7. WB Music Corp. is, and at all times relevant hereto was, a music publishing 15 } company incorporated in California with its principal place of business in Los Angeles, 16 | California. + 7 8. Warner is informed and believes, and based upon such information and belief 19 | Delaware with its principal place of business in New York, New York. Warner is futher 20 | informed and believes, and based upon such information and belief alleges, that EMI Music 21 | Publishing, Inc. is, and at all times relevant hereto was, conducting business in California, 2 9. Warmer is informed and believes, and based upon such information and ; *@ 23 | alleges, that EMI Entertainment World, Inc. i, and at all times relevant hereto was, incorporated 1S 24 | in Delaware with its principal place of business in New York, New York. Wamer is further {25 } informed and believes, and based upon such information and belief alleges, that EMI 18 alleges, that EMI Music Publishing, Inc. is, and at all times relevant hereto was, incorporated in ™ 26 | Entertainment World, Inc. is, and at all times relevant hereto was, conducting business in 27 | California, % 10. Wameris not aware of the true names and capacities of the defendants sued herein onmerasoien | esa0e2 3 ronson COMPLAINT ‘ooh 4 Pages 3 = Goo TD = 1702247216 ~ Doo Type = onerage 4 of 38) 2 : 1 | a5 DOES 1 through 20 inclusive, and therefore sues suid defendants by such fictitious names. ' 2 | Wamer will seek leave of Court to amend this Complaint to show the true names and capacities 3 | of-said defendants when they have been ascertained, 11, Wameris informed and believes, and base upon such information and belie alleges, tha, with respect to the various matters alleged herein and at the various times described herein, each Defendant was the agent of each of the other Defendants, acting within the scope of and believes, and based upon such information and belief alleges, that each of the Defendants 1 ‘sued herein is liable forthe relief as sought. 1 [CTION AND VENUE, u 12. This Court has jurisdiction over the parties because Wamer has its principal place 4 s 6 7 | such agency and with the knowledge and consent of such principal. Wamer is further informed 8 9 0 12 | of business in California, and, based on information and belief, EMI has significant contacts with 13 | California including, without limitation, contacts arising out of the events alleged herein 14 | concerning its ongoing contractual relationships with Wamer. 18 13. Venue is proper in this county because this county is where, among other things, 16 | one or more of the relevant contracts was made or is to be performed. Cal. Code Civ. Proc. 17 | §3955. 18 FACTUAL ALLEGATIONS 19 14, Twentieth Century-Fox Film Corporation (“Twentieth Century Film”), Movietone 20 | Music Corporation (“Movietone”), and Twentieth Century Music Corporation (“Twentieth 21 | Century Music"), on the one hand, and Robbins Music Corporation (“Robbins”) and Leo Feist, 22 | Inc. (“Feist”), on the other hand, entered into an agreement dated May 19, 1936 (the “1936 se 23 | Agreement”), 13 25 | interest to Twentieth Century Film), Movietone, Red Star Music Company, Inc. (a predecessor in “26 || interest to Movietone), and Sam Fox Publishing Company had entered into certain prior I ' gu 15, The 1936 Agreement specified that Fox Film Corporation (a predecessor in 27 | egreements between 1931 and 1933 conceming music used in films. 28 16. The first article of the 1936 Agreement provides that, effective October 1, 1937, Onmasraonce | ssa 4 penne (COMPLAINT ‘boob 4 Bago 4 - Doe 30 = 1702247216 ~ Doo type - OnE10 u 12 13 4 15 16 17 18 19 20 a 2 gB 2 24 & B So 2 28 Dros ue & aarti ‘Twentieth Century Film and Movietone transferred all oftheir music! copyrights to Twentieth Century Music. The music copyrights acquired by Twentieth Century Music through October 1, 1957 were also governed by the terms of the 1936 Agreement, 17. The second article ofthe 1936 Agreement provides that Twentieth Century Film, ‘Twentieth Century Music, and Movietone granted Robbins and Feist, inter alia, the publishing rights for the Fox Compositions, covered by the 1936 Agreement. 18, The fifth, sixth and seventh atticles of the 1936 Agreement provide that Robbins and Feist shall pay Twentieth Century Music specified royalties, fees and other amounts for publication and exploitation ofthe Fox Compositions (the “Royalty Schedule”) based mostly on a percentage “of all net moneys received” by the music publisher. : 19. The eighth article of the 1936 Agreement provides that payments by Robbins and Feist under the Royalty Schedule must be made and accompanied by a statement within 30 days after June 30 and December 31 of each year, 20. The thirteenth article ofthe 1936 Agreement provides that Metro-Goldwyn-Mayer ‘Comporation (“MGM”) has certain rights to use the Fox Compositions. 21, The 1936 Agreement was amended in writing from time to time, including, ‘without limitation, on May 21, 1937, September 27, 1938, May 28, 1940, May 14, 1943, January 13, 1944, February 28, 1947, September 30, 1957, March 31, 1958, March 26, 1965, and January 1, 1966. Asa result ofthese amendments, Twentieth Century Film purchased 131 shares of Robbins. In addition, under these amendments, administrative rights for music copyrights acquired, possessed or controlled by Twentieth Century Music between April 1, 1958 and June 30, 1965, and for the music in film scores financed by independent producers before July 1, 1965, ‘were granted to Robbins until June 30, 1975, at which point these rights were going to revert to ‘Twentieth Century Music, 22, Twentieth Century Film, Movietone, Twentieth Century Mosic, Robbins, Feist, ' Music” is defined broadly in the 1936 Agreement to include musical compositions, musical numbers, musical works, musical adaptations, and musical arrangements, ssenr 5 COMPLAINT ‘boot 1 pages 5 - Doe 1D = 1707247216 ~ Dee Bype ~ omage 6 of 18) 1} Miller Music Corporation and Hastings Music Corporation entered into a music rights agreement 2 | effective August 31, 1971 (the“1971 Agreement") 3 23. Paragraph I ofthe 1971 Agreement recited that Twentieth Century Film was 4 | concurrently selling MGM its 131 shares of stock in Robbins. ! 5 24. Paragraph 2 of the 1971 Agreement provided that the partes, respectively, were : 6 | entering into the agreement on behalf of themselves, thir subsidiaries, their successors and 7 | assigns. Indeed, Paragraph 12 of the 1971 Agreement reiterated that “[]his Agreement shall be 8 | binding upon the successors and assigns ofthe parties hereto and their subsidiary comporation.” 9 25. Paragraph § of he 1971 Agreement provided that Robbins and Fists rights and 10 | interests under the 1936 Agreement to music contained in Twentieth Century Film productions or 11 | releases after 1966 had expired, This paragraph further provided that Robbins and Feist’s rights 12 | and interests in music originating prior to October 1, 1937, and music acquired, possessed oz 13 | controlled by Twentieth Cennury Music after October 1, 1937 until April 1, 1968, and music 14 | acquited, possessed or controlled by Twentieth Century Music from July 1, 1965 through 15 | December 31, 1966 had expired except forthe rights set forth inthe second article, subdivisions 16 | (@), (©) and (@), and in the sixth article, subdivisions (a) and (@), of the 1936 Agreement. 7 26, Paragraphs 7 and 8 of the 1971 Agreement provided for the payment of specified 18 | royalties (the “Royalties”). Payment of these Royalties was subject to the timing requirements set 19} forth in the 1936 Agreement. 20 27. Paragraph 7 of the 1971 Agreement also specified that Robbins and Feist were not 21 | entitled to performance income relating to music originating prior to October 1, 1937, or to music 22. | acquired, possessed or controlled by Twentieth Century Music between October 2, 1937 and {8 23 | April 1, 1958, or between July 1, 1965 and December 31, 1966, and this performance income was (B24 | tobe paid entirely to Twentieth Century Music. & 25 28, Certain disputes arose out of the 1971 Agreement, and MGM, Twentieth Century ™ 26 | Film, Movietone, Twentieth Century Music, Robbins, and Feist, and certain other parties entered 27 | into a setdlement agreement effective July 10, 1972 (the "1972 Agreement”), 29. Paragraph 4 of the 1972 Agreement provided that, with respect to music ssis72 6 (COMPLAINT 7 ‘Doo 4 pagoe € = Boo TD = 3702247216 - Doo Type = OMIERrage 7 of 29) 1 | originating prior to October 1, 1937, all performing rights are vested in Robbins and Feist for the 2 | life ofthe applicable copyrights and any renewals or extensions thereof, and that fifty percent 3 | (50%) of all performance fees received by Robbins and Feist for performance of this music on 4 | and after January 1, 1972, shall be paid to Twentieth Century Music. Paragraph 5 of the 1972 5} Agreement provided forthe same allocation regarding performance fees for the musie in the 6 | Twentieth Century Film production of Dr. Dolittle 1 7 30. Paragraph 7 of the 1972 Agreement provided that, except as set forth in paragraphs 8 | 4 and 5, the provisions concerning the Royalties set forth in paragraph 8 in the 1971 Agreement ! 9 | would be reaffirmed by the 1972 Agreement. 10 31. Paragraph 11 of the 1972 Agreement provided that it “shall be binding upon and , 11 | enure to the benefit ofthe successors and assigns ofthe parties hereto and their subsidiary and 12 | affiliated corporations.” B 32, Warner is informed and believes, and based upon such information and belief 14 | alleges, that, in or around 1990, EMI acquired a number of music publishing companies 15 | including, without limitation, Robbins and Feist, and EMI currently holds the contractuel rights 16 | and obligations of Robbins and Feist. 7 33. Inor around 1982, Wamer Communications Inc. acquired Twentieth Century 18 | ‘Music and subsequently transferred and assigned its copyright interests in and to the musical 19 | compositions that comprise the Twentieth Century Music catalog to Warner. Thus, Warner 20 | curently holds all rights and obligations tothe Twentieth Century Music catalog, including the 21 | copyright interests therein, previously held by Twentieth Century Music under the 1936 22 | Agreement, as amended and as incorporated into the 1971 Agreement and the 1972 Agreement. 2 2B 34, Accordingly, for the Fox Compositions, every six months, EMI Music Publishing {8 24 | transmits a “Royalty Statement Pack” (the “Royalty Statement”) for “Twentieth Century Fox B25 | Musicc/o Warned/Chappell Musi, ne.” The address on the biannual Royalty Statement is 26 | 10585 Santa Monica Blvd, Los Angeles, California 90025. The remittance to Warmer is made by 27 | BMI Entertainment World, 2B 35. Warmer has relied on the representations that EMI has made to Warmer in the ononaa oie | ssue2 fi game Aree COMPLAINT ; Doct 1 Paget 7 = noe XD = 1702047216 ~ Boo Type = OTHERrage 8 of 10) 1 | Royalty Statements with regard to the corresponding payments made to Wamer for the Fox 3 || the Fox Compositions, revealing that EMI has been underreporting and underpaying Wamer. In 4 | fac, the preliminary audit report indicates that EMI nas been accounting for and paying Wemer 5 | only approximately one-half of what Warner actually is entitled to have been accounted for and 6 | paid under the agreements, resulting in significant underpayments of royalties otherwise payable 7'|| to Warmer. 8 36. Wamer is informed and believes, and based upon such information and belief 9 | alleges, that fora long period of time EMI has engaged in this practice of underreporting and 10 | underpaying what, in fact, has been due and owing to Warner under the agreements governing the 11 | Fox Compositions. 2 37, Furthermore, Wammer is informed and believes, and based upon such information 2 | Compositions. However, Wamer has received a preliminary audit report, pursuant to an audit of | | 13 | and betif alleges, that because EMI adi isters the copyrights forall ofthe Compositions for 14 | Warmer through the same royalty system and procedure at EMI, EMI has therefore engaged in 15 | this practice of underreporting and underpaying what, in fact, has been the true amount of 1 | 16 | royalties due and owing to Wamer under the applicable agreements governing all of the | 17] Compositions administered by EMI for Wamer. 18 | CAUSE OF ACTION FOR AN ACCOUNTING 19 | 38. Wamer realleges paragraphs | through 37 of this Complaint as though fully set 20 | forth herein. 21 39. The predecessors in interest of Warner and the predecessors in interest of EMI 22 | entered into the aforementioned agreements, and Warmer and EMI currently hold their respective 52 23 | predecessor in interests’ rights and obligations under those contracts. ‘These include, infer alia, {24 | EMI's obligation to account for and pay royalties for the Fox Compositions to Wamer under 12 25 | paragraphs 7 and 8 of the 1971 Agreement “26 40. Warner did all, or substantially all, of the significant things that the contracts 27 | required Wamer to do. 28 41, Even though it has represented in its Royalty Statements to Warner thet it was i Danecrsoonse | asin 28 Team amare COMPLAINT ‘Doct 1 Faged © — Doe 1D = 1702267216 - Boo Type = OnER(age 9 af 18) 1 | paying Wamer the proper amounts contractually due and payable to Wamer for the Fox 2 | Compositions, and Wamer relied upon those representations, EMI has failed to account for and | 3 | pay Wamer the appropriate amounts of royalties due and payable to Wamer for its share of the * 4 | copyrights in and to the Fox Compositions as such royalties became due and payable. ! 5 42. Moreover, Wamer is informed and believes, and based upon such information and ; 6 | belief alleges, that because EMI administers Wamer's copyright interests in and to all ofthe other 7 | Compositions owned and/or controlled by Warner through the same royalty system and procedure 8 | at EMI as the Fox Compositions, EMI has failed to account for and pay to Warner the proper 9 | amounts contractually due to Wamer under the applicable agreements governing all of the ; 10 | Compositions. n 43, ‘The Royalty Statements rendered and the comesponding payments from EMI to 12 | Warner for all ofthe Compositions EMI administers for Wamer represent multiple accounts 13 | covering large catalogs and reflect earnings from many sources across various teritories 14 J throughout the world, 5 44, Beemise EMI administers the copyrights for all ofthe Compositions for Wamer in 16 | the same manner as EMI administers the Fox Compositions and the extent of the damage suffered 17 J by Wamer as a result of EMI's underreporting and underpayment cannot be quantified without an 18 J accounting, Wameris entitled to an accounting ofall money due and owing to Wamer under all, 19 | the agreements pursuant to which EMI administers the copyrights to the Compositions throughout 20 | the applicable territories, a 45. Wherefore, Wamer prays forrelief as set forth herein. 2 PRAYER FOR RELIEF 2 S24) follows: 1 | 2B WHEREFORE, Wamer prays for judgment against Defendants, and each of them, as | i 25 1. Foran order directing EMI to acount for all sums outstanding, due and payable to mm 26 ‘Wamer under all the agreements pursuant to which EMI administers the n copytights tothe Compositions on behalf of Wamer throughout the epplicable 28 ‘ertitories; | omaernonire | tis002 9 ; ama ‘COMPLAINT ‘Dect 1 Page 9 - Doo $= 4702047226 - Doc Type = OTHER(rage 19 of 16) 2 Denese Boo ‘Rent 9 10 u 2 B 4 1s 16 7 18 19 20 2 2 23 24 25 26 27 28 2 2. For prejudgment interest; 3. Forcosts of suit incurred herein; 4. For attorneys’ fees to the extent permitted by law, contract, or otherwise, and 5. For such other and further relief as the Court may deem proper. SURY TRIAL DEMAND Plaintiffs Wamner/Chappell Music, Inc., Wamer-Tamerlane Publishing Corp., and WB ‘Music Corp. hereby respeotfully demand a jury trial on all issves so triable in this action, Dated: June 30, 2017 Respectfully submitted, DRINKER BIDDLE & REATH LLP Krist Attomeys for Plaintifis WARNER/CHAPPELL MUSIC, INC., WARNER-TAMERLANE PUBLISHING CORP,, and WB MUSIC CORP, esis 10 COMPLAINT, oct 1 Paget 10 = Doo aD = 1702247286 ~ Deo type = onanrage 23 of 28) CMA010 [nn RT NOT ATOR Raw BB neous ont ‘GEORGE T. CAPLAN (State Bar No. 43821) KRISTOPHER S. DAVIS (State Bar No. 199482) DRINKER BIDDLE & REATH LLP 1800 Century Park East, Suite 1500, Los Angeles, Calfomis 60057 FILED ‘eusmonena: (310) 203-4000 ssxwo: (310) 229-1285, ron Cite otto scroevrox pany Pins WARNERICHAPPELL (Coots on Aachen A) “Goan ans ates suns coun oF carom counryoF LOS ANGELES smartness 111 Noch Hil Suet JUN 80 2017 vncnavoress 111 Noth Hil Steet stat. ‘cirvanozmcoae: Los Angeles 90012 er _srmch use, Stanley Mosk Courthouse 8 fan ee GAGE NAUE: WARNERICHAPPELL HRUSIO, NO, a Dlauatecrpraion WARNER. TAMERLANE PUBLISHING CORP. (Cons on Acne) Co ae adalat ‘Complex Case Designation | = RSE § Unlimited Limited ' Behb7164 (Amount (Amount O) counter Cine = = demanded demandedis | Filedwit frst appearance by dafendant exceeds $25 000) $25,000rless)|___(Cal Rules of Cour, ule 3.402) |_ oar ‘ems 1-6 below musi bo completed (see nsbucions page 2) f- Gheck one box below forthe case type that best describes this case: dato Tort Contact Frovsonty Complex ci Litigation Aue, D1 Breach of coatracivwaranty (6) (Cal. Rules of Court, rules 2.400-2.403) unsure nto 4) 1) Raszadcatcins a) Anting puto 0) ines PipowD Perera ansPropery —]Oercolesora 2) 1 cenaacin det DamageWrongft Death) Tort Ievrance coverege (18) 1) ass tor (20) ‘Astestos (04) Onercerteaa7y ¢ EL Secaies Rigen 28) Prec ay (2) Ren Povey ( Grvenmestaran tot 0) Neda mapas 2) CE empemcamaisivese _ E]lnnwarn coerge cine etsgfem te te Pura @3) 0 ei ew roma corgnce Nn PiPonD (othe So org econ (3) ‘Business torvunfeir business practice (07) [] _ Otver real property (28) Folocament of ieterooet Herta OP) Trewatoeane EY "Entree aaron 2) 1 cetmaiont CD conearct(3) Aacelaneous Ci Comat CO rravaciey (Resident 2) 1 rcoan ett pay (8) 1 oage 09 Cy oer cp (ot seated toe (2) Seer ees sseaaneter ‘icataneous Ci Paton OlmreonPUPOND ot) Thon ste 05) Ly Panmrnip anc crore gorenance (21) Employment 1 Potten otter enan(r1) El Ohec pean rtp so ‘rong emit (8) 1 weer nanest cy _Other employment (18) LD _crthec juin revi (26) 2 Thisease T)is Eis not complex under rule 3.400 of the Califomia Rules of Court Ifthe case Is complex, mark the fac tea exept jal nego a. L) Large sumer of separately represented parties d. [] Large number of witesses b. [1 Extensive motion practice raising difficult or novel e. [] Coordination with related actions pending in one or more courts iouo tite uncccraont once inoer canton, dates, ercounen ena ecetcout &. [1 Substantial amount of documentary evidence ft. []_ Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a.) monetary b. [2] nonmonetary; dectaratory or injunctive reief —c. LI punitive 4. ‘Number of causes of action (specify): One - An Accounting 8. Giscase [) is BY isnot class action suit, 6 hare ae ny hoon rtd case, te and see ance fled case (You may se fam C4015) Daten 30,2017 e KRISTOPHER S. DAVIS > Mistyales & Dayes | 7 oon Se thhes i St n fe] NoTiCE + laintif must fle this cover sheet with the fst pape fled inthe action ox proceeding (excop small claims cases or cases fled under he Probate Code, Famly Code, or Wotare and Insitutions Cade). (Ca. Rules of Cour, nde 3220) Faure to le may result in sanctions, + File tis cover eheetin aditon to any cover shea required by local cout le. # this case fs complex under rule 3.400 et eq, of te Calflora Rules of Cour, you must serve a copy ofthis cove sheet on alt cher parties to the action or procaoding. «nein tt cve une 740 raconteur ste panes, =e Gi CASE COVER SHEET aS Sie eS ‘book 1 Paget 21 - Doo 1 = 1702247236 ~ Doo ype = on(wage 12 of 18) ae cuo10 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plantifs and Others Filing First Papers. I you ate fling a frst paper (or exgmele, © complain) in cv case, you must complete ad fo, long wih your fist paper, tne Civ Case Cover Sheet contained on fage 1. Thi inormaton wil be usedto comple statistics abot the lypes and numbers of cases fled, You must complete Hems + through 6 on the sheet. In tem 1, you must check ‘one box forthe case ype that best describes the case the case fis Both a general and a more specie ype of case fisted in tem 1, check the mre specs one. I te case has multiple causos of acto, check the Dox tat best indicates to primary cause of actin. ‘To assist you in completing he sheet, examples ofthe cases thal belong under each case ype in lem 1 are provided below. A cover sheet must be fied ony with your intl paper. Faliure to fle @ cover sheet withthe fist paper fed ina cv case may subject a par, is counsel, or both to sanctions under res 2.30 and 3.220 ofthe Callomia Rules of Cour, ‘To Parties in Rule 2.740 Collections Cases. A “colecions case" under rue 3740 is defined as an ection for recovery of money ‘ned ina sum stated to be catain that isnot mare than §28 00, exclusive of interest and atiay’s fees, asing om a transaction in ution prepary, services, or money was acqited on cred. Aealcions case does nolnclude an aefon seeking the follwing: (1) tot ‘damages, (2) pune damages, (8) recovery of real propery, (4) recovery of personel property, of (6) @ prejudament wrt of ‘tachment. The identification of a case asa rule 3.740 callecons caso on tis for, means that it wil be exempt rom tho genet tine-fo-senvice requirements and case management rues. unless a defendant fles a respansive pleading. A rue 3.740 calectons case willbe subec fo he requremens for serace and obtaining a judgment in re 3.740, ‘To Patios in Complex Cases. n complex eases only, pares must alo use the Gil Case Cover Sheet to designote whether the case is complex If a paint believes the case is complex under nd 3400 ofthe Calforna Rules of Cour, tis must be incited by completing the epproptate bores initems 1 and 2, Ia plinil designtes a case as complex, the cover sheet must be served withthe Complaint on all pares tothe acion. A defendent may fle end serve no llr than the tine ofits frst appearance a joinder inthe plaints desgnation a counter designation thatthe cases not complex, or, the plaintifhas made no designation, a designation that the case is compiex ‘CASE TYPES AND EXAMPLES ‘ato Tort Contact Frovsionally Complex Chl Ligation (Cab, ‘ato 22hPerscalnuryPrpery Bischof Contact (0) Rates of Court Rls 3400-3405 j Danagettnon eat Breach efRenabease ‘ras gues 3) Unosured tot 0) Pe onstucton Dales (0) ‘rao cin je oi Sceoiestapaten 3) 0 ‘biter check No tem Piotr! fu or vege) Envrenmerta/ Tox Tet (3) Irtead of kao) Nealgert Breach of Cente Instone Coverage Cats ter PuPantD (Personal Waraety {eiking tom prosisenaty comer | Propeny Damagerengil Death) Ctr Broach of Contaorety azo ype tte above) (a) j ot Coleco fea, money owed open ndoycement elcome ‘Asbestes 08) Teck acco) 03, Erfrcment ol osamest 20) ‘Astestes Propety Damage CotestonCase-Sler Paint "Aested theme (Oot ‘sbesiea Posen ty Sth Promises Neestocons Count). "weal Coats ‘ace Confort Judge cn Produ ably fa asbestos or Instance Coverage (nol proviral anes laters) toxctnwoareta) (8) coi (8). Site State sadgret aie tsbracen (3) ‘ta Seeegason ‘emiataiee Rae até owsealeapreciee Sire coverage (pot uroai taxes) Pryselne & Srg0ons one Contato PotlanGerteaon tty of ‘ter Pretest Heath Care ‘Conve Frau sient on Unpaid Takes ebracice Ober Cone Bape (tr Enforeament of Sacgmere ‘nner PORN 3) eal Property ‘case Premiaes Ls (20. sib nen Domainerse Iscatlanecss Git Compt araian Cencermaten (4), ico 7) frentons Bay yPOWD Worst Even 3) Ste Comat rot species (eg, svset verdelon) ‘hn Real Property, qu te (28) toe) (4) sent arrest ou Papry Beco rte Ony esigunt fieon ct oat ie seamen) EnoteralDavees Sth: Rea Proaty int onirent echenestien ‘ther PIPONID amen, icersorst 3 Oey Commer Compt Non-puPDAD (Oe) Tort Iorecne) “ase usess rervuriny Bases Uunawt Deter ter Cin Complaint Protos 7). ‘Sanercal 0) Gonothons Cit ai ea. estination, Fesdenl 6) ‘izcataneous Gh Petition nse eet fate ‘Brags 8) ihe case imotes aga! Parrershpans Coporste « harassmeny 0) raps, cats tem: cers, ‘Goarare (1) "Botamaton (0, src, oe) ‘pot ac Comers er Resaeo) ‘mer Petton ret secied eta) uci! Revo bore) (3) ead 16) ‘Asset Forel (05) Gil Harassment ‘ieee Propet (9) Patton ts Arian Awa (1) Wirotce Vioence ‘otesion Negligence 25) ‘it of nda (2) EerDepencent sat {Vegalaratee Witeadmisbve Mancamis ‘abuse ‘hte PreleosanalMabreten Weitere or toa Gout Etacion Conet + pt medal orga Case ater Palin ore Charge ‘ita Non PHP Te 8) WisOiter ite Cout Case Pele er Rete Frm tate Employment Rove ‘Cam rah emit 8 Omer a oven) ‘merit Fation ort vow ef Heath fee Oder peers Nolo Apeea-tsor ‘Conaneson: Appeals Sooner CIVIL CASE COVER SHEET rome rien 1 ooh 4 Page# 12 - boo 1D = 1702247216 - Doc Type ~ OTHERage 13 of 1) CIVIL CASE COVER SHEET ATTACHMENT A ATTORNEY FOR (Name): - Cont'd MUSIC, INC., a Delaware corporation; WARNER-TAMERLANE PUBLISHING CORP., 1a California corporation; and WB MUSIC CORP., a California corporation oot 1 Page 13 = Doe 1D = 1709247236 ~ Dee type = onago 14 of 3) CIVIL CASE COVER SHEET ATTACHMENT B CASE NAME: - Cont'd California corporation; and WB MUSIC CORP., a California corporation v. EMI MUSIC PUBLISHING, INC., a Delaware corporation; EMll ENTERTAINMENT WORLD, INC., a Delaware corporation; and DOES 1 through 20, inclusive Doce 1 Fagod 14 ~ Doe 1D = 1702247236 - boo Aygo = On(age 15 0f 38) ORIGINAL ae ee + |WarnesiChappel! Music, nc, etal. v. ENfl Music Publishing, Inc, eta CIVIL CASE COVER SHEET ADDENDUM AND ‘STATEMENT OF LOCATION {CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) ‘This form is roquted pursuant to Local Rule 23 in al new civil case flings inthe Los Angeles Superior Cour. = Step 1: After completing the Civ Case Cover Sheet (Judicial Counel form CU-O10, find the exact. case type in +" Golumn that corresponds tote case type indicated inthe Civil Case Cover Sheet ‘Step 2; In Column B, check the box for the type of action that best describes the nature of the case, ‘Step 3: In Columa C, ciccle the number which explains the reason for the court fing location you have chosen, ‘Applicable Reasons for Choosing Court Filing Location (Column G) 10s aeons mest bead inthe Stanley Meck Couthous, Cental isi 7. Locaon were pane resis, 2.Pemisive fing cea et. €. Location when cteentospndet ston oly, 3. Loction ere couse acon arose 8. Location where one oot tthe pats ei, 4. Mandatory personaly ng in Net Ose {0.Locaon af Ler Commissioner Ofc, 1. Mandela firg lation (Hub Cases ~ anu deine, ited ‘.Lecation where peornancerequted or delendonresies tovcaocion linked caleain ar asonatihay 6.Leeaton of property pamansny garage vei ‘i Ae] [2 eC Save Caer Shea : [eA meta NOE 4 ‘ut (22) larr00 rtetor venice. Personal ivniPtopetyDemegeMienstul Death — | 1.4.11 22 | uninsseantit is) [Clario PenoratinuPropey Dnegetiegt Deh -Untaueanaeit | 1.411 pevenen(o | LASTO Ast rope Damage a ee ars asses Print ehuyttonga Death i is Presuetisbay (2) |] A7260 Product Listy (ot eben or oxervirnment) 14a 3a Be | mscatipmaee us) |CIAH® Helio: Pysin a Supe att i Lara one Proesona ean Cote aac nan 3 3 ; Cavaco Premises Lisbiity (e.g, sip and amp & 2 GR peste! —_ | Cl ar2t0 tntensoa os nunyPreery Damagemreng Desh (9. Bs earn ‘stan vanes) Death (23) (Da7270 Intentional inition of Emotional Distress. Tarzz0 one Pato! kivyPropaty Demagetortal Death LACIV 108 (Rav 2/18) CIVIL CASE COVER SHEET ADDENDUM Local Rule2.3 se Apo C8. 04 ‘AND STATEMENT OF LOCATION oct 4 Faged 35 — doo 1) = 1702247236 - noo Typo = OME(age 16 of 18) |Wamer/Chappeli Music, Inc., et al. v. EMl Music Publishing, Inc., et al. aaa 3 Cropteate case Cover Sheet, “yp ofheton Reazon See Sup 2 Cage, (Greco) ‘hone fusness Toren) | L]astza OberConent@unres Tot at fanceasncteentac | 1.29 5 E coarigns (0s) | Chaccos co Rigsoicrminaton 123 ee a 3 Frau 1) Cheats Faso contacy 123 ie sp aa 28 |, voce | CLOT Le tapacce 1 Ga | Pomme) | asso one rsesrlticin trainortes) 123 aa otter 3) T.Ae025 omer Nex Persons rjunPropery Damage tot 1.2.3 Z ‘Wrongtl Termination (96) | [1] AGC37 Whongful Termination 123 E Caer che cnpen Geno Gn uae CrerEmporet(') | 77 asso eanoecenmserer Apes 0 cos siech of Renantece med (a utavul acer or wrong |p 5 ici) Bacher Cenaer waranty | C)sec08 comaciMarary rschSeter Paina (mteutreigencay | 2.8 (oot insurarice) (D1 A60 19 Negtigent Breach of ContracuWarronty (no aud} 128 {D)Ae02e Other Breach of Conactintatranty (not fraud or negtgence) aie g 102 Coltections Case-Selier Paint 5.6.1 £ Collections (09) a Sera z Deore ote Pris NoeCotectns Case an 8 Clea caesion Case Pures Det Guages Or consumerosta | 8,611 fucnse oo ae ass 12940) tnsuaneeCovrge 1) | C018 trace Covers (nt ome) 1258 Clases consent Otercantea or) | C1 asst Torsten Bl ascr oer Cena Dsputretbrocrnavancfevdhetzen) Errgaaberity” | Clara00 einen canainCerdernation _Nurber af pcals, 26 F | woositevisoney | Claarae wong Evan cae 28 £ sore wes rane 26 FE | onernenrrreryes) | Classe oust Te 26 3 Dsteo ote Rea Papery fet eicet dona tdrcenat else) | 2.6 B_ | Dnewanaiy comers | C] aenat now Detsiner Commer (at uss or mong ein) eat [RATER Ces UnmnsocrerReaesn pan erwmgtionaen [a i owt Deine aT pl Deaer Post Feeds 26.1 2 Post-Foreciosure (34) o a aber 5 [Bite einer Orgs 8) | Casiea_unants BeicerOnas zeit LACIV 108 (Rev 2/16) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.3 LASC Asproved 08.08 AND STATEMENT OF LOCATION Page 2ct4 GEE @) ‘oct 1 Paget 26 - noo 1D = 3702247236 ~ Doc type = OTHER(wage 17 or 18) FrORTTAE co [Wamet/Crappell Music, nc, eta. v. EM Music Publishing, no, et al, a ee. C Appice Cit case Corr Seat : “yp ctacton Aeatond Bee Step 3 ater. (Chk sone) ‘sore Ascetfedetwe (8) [Ll astoe asset Foret Case 2.38 g_ |_Petinvexcinioncny [Tasi6 rant Corntenervee ten 2.5 é asses wt-adminsatie nandaras 20 z Wetottonste (2) |] as182 Wet-andomas on Linted Cout Cate tie 2 3 Castes wet- omer Lintos Cout Case Reviow 2 Ober sca Review 8) |) asin Oxer wat cil Review 2.8 g__[fntrmerrat Region 2) |] A508 Antnstrade Roguction 128 B [_semetenontcoo) [Ci common 123 ]_ | came wonss nestor 1) nar cies ebing as Tet 128 é S| sects uation a) |] aetas cect sation Case 128 3 Tove Ter 1 TevEnvonrant 3 Eniemanaiga —_|E1*s08 Toe. EB | mpuazecoreage Came [T seateinnwance Coraerutoppton(onloxcae on) 125.8 Dacia satersae tpn ast EE CD rst00 avevactot stant 26 et xtrceran _| LLAS107 Confession fc ton-danesi lfre) 2 5 3 ofstgmenti20) |) astan Adminetotve Agency Ava (ot uri tas) ; 5S Casive peteontcettae orn of Jdgment on Ups Tax Lastre omernecament ot Jstgnart Cate 00 (27) To asoss Racetreg RCO) Case 32 gs Ci asn20 ecto Rae Cry 128 BE ‘nnercenpisnss [A800 tnuete Rese On retdomesicrarssmer 208 BS | tiarsreaiieaadove 2) | asors omer conmerit Comelst Cote (ron tnr comple) 1.28 BS [21 asoc0 oer cvt Compan (nerdeninencampien) 1.2.8 Peers a” [LASS Partnership and Comeeate Govemance Case 2.8 Caster cxitaassmene 238 Tas:23 Worpece Harasxant 2.3.8 terres ee |CIASI2 eterDependo Ac Abe Cato 3.9 speate store) (2) |[] 45180 Election contest 2 [asito Petion tor charge ot Nanatcnange of Genter 7 48170 Posten or Reet temtate Catan aa El asi00 oer citPatn ae ‘aciv t Ravan6) CIVIL CASE COVER SHEET ADDENDUM Teeal Rule 22 ASC Approves 0-04 AND STATEMENT OF LOCATION ‘oct 4 Fagot 17 - Deo 1D = 2702047246 ~ Doc type = omen(rage 18 of 38) Dies Paar [SER |Warner’Chappell Music, Inc, eta. v EMA Music Publishing Inc. etal. ‘Step 4: Statement of Reason and Address: Check the appropriate boxes for the numbers shown under Column C fr the ‘ype of action that you have selected. Enter the adress which isthe bass for he fling location, including zipcode, (No adress required for class action cases). ' REASON: 10685 Santa Monica Boulevard (0.2 3040606070000, Los Angeles Ica” |0oas: L ‘Step 5: Certification of Assignment: | certily that this case is properly filed in the the Superior Court of Calfomia, County of Los Angeles [Cade Civ. Proc, 382 et se Dated: June 30, 2017 Ke phiyohe, & Pan's aowrinece aomerUNG PARTY KRISTOPHER S, DAVIS PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY ‘CONINENCE YOUR NEW COURT CASE: 41. Original Complaint or Petition 2. Iffling a Complaint, 2 completed Summons form for issuance by the Clerk, 3. Civil Case Cover Sheet, Judicial Council form CN-010, 4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev. 02). 5. Payment in full ofthe fling fee, unless there is court order for waver, partial or scheduled payments. 8. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010, i the plain or pettioner is a ‘minor under 18 years of age willbe required by Court in order to issue @ summons. 7. Additonal copies of documents to be conformed by the Clerk. Copies ofthe cover sheet and this addendum ‘ust be served along with the summons and complaint, or other initiating pleading in the case. é | 2 ren 108 evans) CIVIL CASE COVER SHEET ADDENDUM Local Rule 23 | ASC Approves 08.08 AND STATEMENT OF LOCATION Page 4 of4 =e ‘beet 1 ageh 18 ~ Dec ID ~ 1702247236 ~ Dec Type = OTHER