ORIGINAL 1 }[Paul 8. Chan - State Bar No. 183406 FILED . chan @birdmareli.com Supe, Cat emia 2 enn b, Vera State Bar No, 175149 ‘t W| hvera@birémareila.com '3|/ Peter A. Goldschmidt - State Bar No. 307647 Wk 04 20 ‘PReldschmidu@birdmarelacom Sheet ve Oca 4) BERD, MARECLA, BOXER, WOLPERT, NESSIM, Owe DROOKS, LINCENBERG & RHOW, P.C. (A) 51825 century Park East, 23d Floor Los Angeles, California 90067-2561 tug | || Telephone: (310) 201-2100 SE) |; [Fesimile: Gio) 2012110 | a Attomeys for Plaintiff Elizabeth Chambers 8 5 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT io . A BC 696-022 ELIZABETH CHAMBERS, an individual, | CASE NO. R Plaintiff, COMPLAINT FOR: 1B vs. 1) MISAPPROPRIATION OF NAME “ ‘AND LIKENESS, DIANA ROQUE ELLIS, an individual; 15 JANE DOE, 2) VIOLATION OF RIGHT TO PRIVACY 16 Defendants. JURY TRIAL DEMANDED 7 Dept. ee 19 20 21 2 « B 2 m4 “2s 5 (6 2 28 senna ‘COMPLAINT FOR DAMAGES 1 Doct 2 aged 1 - Boa 3D = 1725746862 - Doe Type = onaeeoge 3 of 1 1 Plaintiff Elizabeth Chambers herein, by and through her undersigned counsel, alleges against Diana Roque Ellis and JANE DOE (collectively, “Defendants”): PARTIES 1 Plaintiff Elizabeth Chambers is a citizen of the State of California and currently resides in Los Angeles County. 2. Defendant Diana Roque Ellis resides in Beverly Hills, California, Upon 3 4 5 6 7 information and belief, she is a zen of California and has resided in Los Angeles County at all times material to this action. On information and belief, Plaintiff has 9|| identified Defendant Ellis based on the attempt to impersonate Plaintiff and obtain benefits 10 |/under falsé pretenses as detailed below. Plaintiff is unaware, however, whiether other 11 || persons (currently unknown) may be acting with or on behalf of Defendant Ellis. 12) Accordingly, Plaintiff has named JANE DOE as an additional defendant. 1B 3. Plaintiff does not know the true name and capacity, whether individual, 14 f[corporate, associate, or otherwise, of JANE DOE. Plaintiff therefore sues such defendant 15 }] by such fictitious name and will ask leave of this Court to amend this Complaint to show 16 fits true name and capacity once ascer ‘ned, The defendant named herein as a DOE is in 17||some way liable to Plaintiff on the causes of action alleged herein. 18 JURISDICTION AND VENUE 19 4. , This Court has personal jurisdiction over Defendants because they reside in| 20 || California. 2 5. Venue is proper in this County because the events occurred in this County 22 |[and at least one Defendant resides in this County. 2 FACTUAL ALLEGATIONS 24 6. Ms. Chambers is an actress and television personality. She is married to actor 25 || Armie Hammer. 26 7. Mr. Hammer recently played a lead role in the film Call Me By Your Name, FIAT LA£9 27| which received numerous award nominations, including a 2018 Oscar (also known as 28 || Academy Award) Nomination for “Best Picture.” arses 2 COMPLAINT FOR DAMAGES Dock 1 Pages 2 = Doo 5D = 1729746863 ~ Doe Type = omeage ¢ of 18) 1 8. Each year, the magazine publication Vanity Fair hosts an Oscar party in Los Angeles County, California, following the Academy Awards. The event is by invite only, and the guest list is closely monitored. Both Ms. Chambers and her husband were invited to the event this year. 9. On information and belief, Defendants are engaging in a fraudulent scheme to impersonate Ms. Chambers ~ by (among other things) using an email address falsely attributed to Ms. Chambers, sending emails falsely attributed to Ms. Chambers, and using, Ms. Chambers’ home address ~ in order to gain physical access to an invitation-only event where Ms. Chambers and Mr. Hammer will be physically present. 10. On information and belief, Defendants created an email address using Ms. 11 |] Chambers’ name and likeness ~ without Ms. Chambers’ knowledge or consent ~ in an 12 || attempt to gain access to Vanity Fair's Oscar party. 13 11. On February 23, 2018, Defendants emailed Vanity Fair from the email 14] address “etizabethgchambers@gmail.com.” “Elizabethgchambers@gmail.com” is not Ms. 15 }| Chambers? email address, and she has never consented to its use by any other person, 16] including Defendants. 7 12, On information and belief, Defendants set that email address to display as 18 || “Elizabeth Chambers” in recipient inboxes. Thus, Vanity Fair received an email purporting 19} to be from Elizabeth Chambers. 20 13. In the initial email, Defendants, fraudulently posing as Ms. Chambers, asked 21||if Ms. Chambers and her husband could bring, an extra guest to the event. Defendants 22 || signed the email - without Ms. Chambers” knowledge or consent ~ as “Elizabeth.” « 2B 14. On February 25, Vanity Fair responded, requesting the guest’s name | 3 24 15. On February 26, Defendants sent a second email providing Vanity Fair with Sas fine ame, “Diana Eli” as well tthe home aes pxptdly belonging to Deen 5 26 || Ellis. Again, Defendants signed the email as “Elizabeth.” 2 16. In furtherance of their scheme, Defendants also obtained the home address 28 | for Ms. Chambers and Mr. Hammer and have been using that home address to impersonate nee 3 ‘COMPLAINT FOR DAMAGES oot 1 Pagel & ~ Doo 1D = 1729746863 ~ Doo Sype = orIER(rage § of 13) 1||Ms. Chambers. Specifically, later in the day of February 26, Defendants sent a follow-up :2| email to Vanity Fair, clarifying that Ms. Chambers and Mr. Hammer's invitation should be mailed to Ms. Chambers’ home address, which Defendants provided. However, Defendants emphasized that the “other additional guest, Diana Ellis, will be arviving, separately,” and that the guest invitation should still be mailed to Defendant Ellis’s separate home address. For the third time, Defendants signed the email as “Blizabeth.” 17, Sensing that something was suspicious and/or inappropriate with the fraudulent emails sent by Defendant, Vanity Fair contacted the publicist for Ms. Chambers | | and her husband. Their publicist confirmed that they did not plan to bring a guest, had not 10 |) authorized Defendants to speak or email on behalf of Ms. Chambers, and had not emailed 11] Vanity Fair 12 18. “Elizabethgchambers@gmail.com” is not Ms. Chambers’ email address, and 13 |]she has never given Defendants permission to send emails on her behalf or otherwise 14 | benefit from the use of her name, identity, likeness, or personal information. 15 FIRST CAUSE OF ACTION 16 (Misappropriation of Name and Likeness Under California Common Law) 7 19, Ms. Chambers hereby re-alleges and incorporates by reference the 18 || allegations contained in the preceding paragraphs, as though fully set forth herein. 19 20. On information and belief, Defendants have engaged in common law 20 || misappropriation of Ms. Chambers’ name or likeness, through Defendants’ use of Ms. 21 || Chambers” identity; the appropriation of Ms. Chambers’ name or likeness to Defendants” 2l| advantage, commercially or otherwise; without Ms. Chambers’ consent; resulting in injury 23]||to Ms. Chambers. ; 3 24 21. Defendants, through unlawful means, used and continue to use Ms. S 25 || Chambers’ name, identity, likeness, and personal information for their own advantage. S 26 22. Defendants did not have Ms. Chambers’ consent, authorization, or 27] permission to use Ms. Chambers’ name, identity, likeness, and personal information for 28 || their own advantage. pastes 2 4 ‘COMPLAINT FOR DAMAGES boot 1 Faget 5 ~ Doc ID = 1729746863 ~ Doo type = OTHERage 6 of 13) Q4ATs TAL ER 10 ul 12 13 14 16 7 18 19 20 a 2 23 24 25 26 ar 28 23. ‘damages in an amount to be proven at trial, as well as injunctive relief. 24, allegations contained in the preceding paragraphs, as though fully set forth herein. 25 personal information, and communications pursuant to Article One, Section One of the California Constitution. 26. rights of Ms. Chambers by their unauthorized access, distribution, and/or use, of Ms. |Chambers’ private and personal information, identity, and/or communications for ‘Defendants’ own benefit. 21, permission to access, distribute, or use Ms. Chambers’ private and personal information, identity, or communications. 28, damages in an amount to be proven at trial, as well as injunctive relief, WHEREFORE, Ms. Chambers prays for judgment as follows: (A) (8) tobe proven at trial; © ) by law; © As a result, Ms. Chambers has been injured and is entitled to monetary SECOND CAUSE OF ACTION (Violation of Right to Privacy Under the California Constitution) Ms. Chambers hereby re-alleges and incorporates by reference the Ms, Chambers had and continues to have privacy rights in her identity, Defendants, through unlawful means, violated the constitutional privacy Defendants did not have Ms. Chambers’ consent, authorization, or ‘Asa result, Ms. Chambers has been injured and is entitled to monetary PRAYER FOR RELIEF Injunctive relief prohibiting Defendants from engaging in further violations; Compensatory damages in an amount exceeding the jurisdictional minimum, Attorneys’ fees; Pre-judgment and post-judgment interest in the maximum amounts provided Such other and further relief as this Court deems just and proper 5 CONPLAINT FOR DAMAGES Doct 2 Paget € - Deo 30 = 1729746862 - Doe type = ommERcage 7 of 33) RIALs LOL 10 MW 12 13 4 Is 16 7 18 19 20 21 22 23 24 28 26 27 28 DATED: March 1, 2018 ne ‘Ms. Chambers demands a trial by jury on all causes of action so triable. JURY TRIAL DEMAND, Paul S. Chan Hernan D. Vera Peter A. Goldschmidt Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C. » CO Paul §. Chan’ Attorneys for Plaintiff Elizabeth Chambers 6 COMPLAINT FOR DAMAGES : ooh 1 pagel 7 ~ Doe ID = 1729746863 ~ Doo type = OMEN