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HART, WATTERS & CARTERA PROFESSIONAL lAW CORPOMTION

12400 WILSHIRE BLVD., SUITE 5OOLOS ANGELES, CA 9002$,1030

(310) 826_s202THOMAS L. WATTERS (State Bar No.78518)

Attorneys for Plainti f fHoward Scott King, formerly dbaStages 'N ' Mot j_on

HOWARD SCOTT KfNc, formerly dbaSTAGES 'N' MOTION

Pla in t i f f ,

v .

TOMMY LEE, aka THOIvIAS LEE BASS;MdTLEY CRUE, TNc. , a ca l i forn iacorporation; MOTLEY CRUB TOURfNGINC., a Cal i forn ia Corporat , ion;and DOES 1- l -00

CASE NO.

COMPI,AINT FOR:].. MISAPPROPRIATION OF TRADE

SECRETS UNDER CC S 3425 ETS E Q . ;

2. COMMON LAW MISAPPROPRIATIONOF TRADE SECRETS;

3. UNFAIR COMPETITTON UNDER B&PcoDE s l_7200;

4. Account ing5. BREACH OF PROMISE

( " LEE" ) i s an

Ehe County of Los

scl tr 85n

Defendants.

I .

GENERAL ALLEGATIONS

Pla in t i f f a l l eges as fo l l ows :

l-. Plainti f f HOWARD SCOTT KING ("KrNG,) is an individual

residing in the county of Los Angeles, state of cal i fornia, who

formerly did business as srAGEs 'N, MorroN. His principal place

of busj-ness is l-ocated at 9406 ventura way, chatsworth, cA, in the

County of Los Angeles, State of Cal i forn ia.

2. Defendant TOMMY LEE aka THoMAs LEE BAss

individual residing and maintaining an off ice in

' FITEDLOS ANGEI.F.S St ror:6r6ReouRr

SEP ? d ?O1Z

CASE l'/Ai.IAGEMENT CON FERENCE

JAN I I 2013

Normanpr#o$(F\ E S}.,r,SUPERIOR COURT OF THE STATE OF CALIFORNIA

- < \4 I \

FOR THE COUNTY OF LOS ANGELES - WEST DISTRICT

Complaint

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'tAngeles, State of Cal i forn ia.

3. P la in t i f f is in formed and bel ieves and thereon a l legres

t,hat Defendant MoTLEy cR0E, INc. ("MorLEy cR0E") is a cal i fornia

corporation, maintaining its primary prace of business at 2g5o

ocean Park B1vd . , su i t e 3oo , san ta Mon ica , cA 90405 , wh ich i s

doing business in Los Angeles County, and under which LEE and the

band named MdTLEy CRUE perform.

4. P la in t i f f is in formed and bel ieves and thereon a l leges

that Defendant M6TLEy CRUE TouRrNc, rNc. ("tqotr,ey cR0E TOURTNG")

is a cal i fornia corporatj-on, maintaining its primary place of

business at 28so ocean park Brvd. , su i te 3oo, santa Moni .ca, cA

90405, which is doing business in Los Angeles county, and under

which LEE and the band named MorLEy CRUE perform.

5. The true names and capacit ies, whether individuar,

corporate, associates or o therwise, o f Defendants DoEs 1_100,

inclusive, and each of them, are unknown to plainti f f who,

therefore, sues said Defendants, and each of them, by such

fict i t ious names, and leave of court wil l be request,ed Eo amend

this complaint to show their true names and capacit ies, when the

same have been ascertained.

5. Plainti f f K]NG is informed and believes, and, thereon

alleges, that each of the Defendants designated herein as a DOE is

t 'ort iously and legally responsible in the manner herein al leged

for the events and happenings herein referred to, and for the

injuries and damages proximately caused thereby to plainti f f .

7, At al l t imes mentioned herein, each of the Defendants

was an agent., servant and empl0yee of the remaining Defendants,

acti-ng within the t lme, purpose, scope and course of said agency

t

Complaint

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it

and employment and acting with the express and implj-ed knowledge,

permission and consent of the remaining Defendants, and each of

Lhem. Fur ther each of sa id Defendants rat i f ied and af f i rmed the

acts of the remaining Defendants, and each of them.

8. P la in t i f f KfNG al leges that Defendants, and each of them,

are the arter-egos of each other, and that, said Defendants did,

and sti l l do, dominate, inf luene,e and contror each other; that,

there existed, and exists, a unity of ownership and managemenE.

between them; that the individuali ty and separaEeness of each such

ent i ty were, and remain, non-ex is tent ; that each such ent i ty was,

and is, a mere sheIl and naked framework which the other

Defendants used, and use, to conduct their affairs; that each such

entity was, and remains, inadeguately capital ized; and thaE an

in just ice and f raud upon p la in t i f f KrNG wi l l resur t i f the

theoretical separateness of each entity is not disregarded and

each such Defendant held responsible for the sums and reLief

herein sought.

9. Plainti f f KrNG is a Qesigner who commercial ly developed

many ldeas and concepts for over thirty (30) years at his place of

business in Los Angeles County.

10. Defendant,s LEE and DoES l-20, are drummers in the band

known as tqorlgY CRUE. Plainti f f is informed and believes that LEE

and DOES L-20 are agents of Defendants MOTLEY

TOURING and DOES 2L-40. p la in t i f f is in formed

thereon alleges that Defendant MOTLEY CROE and

CRUE, U6ILEY CRUE

and believes and

MOTLEY CRUE

TouRrNG, and DOES L-20 and that the bank M6TLEY cR0E operates

through such ent i t ies.

11. rn 1-991-, KrNG developed an idea and concept for the

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''t

"Tommy Lee Loop Coaster" which consist,ed of a track on which LEE

would play his drums on a platform on wheels which would fol low

the track unti l LEE was in an upside down posi-t ion playing the

drums and he would continue playing the drums as the platform

followed the track in a complete Ioop.

12. In L991, KING worked wi th r ide and show engineer ing,

inc. ("r ide & show") to obtain a proposal for building the Tommy

Lee Loop Coaster .

13. On or about November 21, 1991, KING and Frank McKane,

me t w i th R ich F j . she r ( "F i she r " ) .and Doug Tha le r ( "Tha le r " ) o f Top

Rock Development Corp., the agents for LEE, MOTLEY CRUE, MOTLEY

CRUE TOURING and DOES 2L-40 at the Top Rock Development Corp. 's

of f ice in Los Ange1es, CA. Af ter F isher and/or Thaler s igned a

conf ident ia l i ty agreement (which has been misplaced or lost ) , and

KING made it . clear that he expected compensation if the idea was

used by their cl ient, KING delivered the proposal, attached hereto

as Exhibit L, to them. The proposal was discussed and explained

in detai l to Fisher and Thaler by KING, and a small scale model

was also used to demonstrate the concept to them.

14. The proposal expressly stated that the ideas and

concepts in the proposal were the property of KING dba STAGES 'N'

MOTfON and t,heir unauthorized use was expressly prohibited.

15. Fisher and Thaler kept the written proposal-, attached

hereto as Exhibit L, after the meeting, but never communicated

again, ora l ly or in wr i t ing, wi th KING.

15. Not having heard from Fisher or Thaler, on or about

September I7 , L992, KING personal ly de l ivered a copy of the

proposal to LEE AND does I-2O at thej-r home. Again, KING received

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no response.

L7 . At al l t imes relevant, herein, KING maintained t,he

secrecy of his idea for the Tommy Lee Loop Coaster and only

d isc losed the idea as necessary to implement i t .

L8. Desplte the fact that KING never heard from LEE,

Fisher or Thaler, and never received any compensation, in ,June,

2OLI, LEE, I'I6tT,gY CRUE, MOTLEY CRUE TOURING ANd DOES 2:--40 bCgAN

using the idea in concerts where it became the center piece of

many performances world wide and was used in commercials by Kia

Motor Company and promotions for the band and their performances

and otherwise.

I I .

FIRST EAUSE OF ACTION

(FOR MISAPPROPRIATION OF TRADE SECRETS

AGATNST AIJIJ DEFEIIDAIITS)

19. P la in t i f f hereby incorporates by th is re ference

paragraphs L through L8 set forth above as i f fulIy set fort,h

here in at th is po int .

20. KING's idea for the Tommy Lee Loop Coaster constituted a

trade secret within the meaning of Cali fornia Civi l Code S 3425 et,

seq. KING's idea had independent economic value as i t was not

known generally to the public or to other persons who could obtain

economic value from j-ts disclosure and would have generated income

to him at hj-s place of business in Los Angeles County.

2L. KING used reasonable efforts to maintain the secrecy

of his idea and invention and only disclosed it as necessary to

further the development of the idea.

22. KING is informed and believes and thereon al leges that

a

Complaint

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iliN .JUNC , 2OII, DCfCNdANIS LEE, MOTLEY CROE, MOTLEY CRUE TOURING

and DOES 2!-40, misappropriated the above described t,rade secret

by d isc los ing the t rade secret to others, incruding sGps, rnc.

which, orl information and belief , made a sj-mi1ar loop coaster for

use by said Defendants at concerts and otherwise, thus causing

injury and damage to KING.

23. DCfENdANIS LEE, MdTLEY CRUE, MOTLEY CRUE TOURING ANd

DOES 21--40, knew or had reason to know E,haE, the trade secret was

disclosed and used improperly by them since the loop coaster was

disc losed in conf idence to them. Fur ther , Defendants LEE, MortEy

CRUE, MOTLEY cRuE TouRrNG and DoES 2t-40, used the trade secret

developed by KING at numerous concerts and otherwj_se, without

express or implied consent of KING, knowing that the trade secret

was obtained under circumstances giving rise to a duty to maintaj_n

i t s sec recy .

24. As a prox imate resur t ,o f the misappropr j -a t ion of

Pra int i f f 's t rade secret by Defendants LEE, M6TLEy qRUE, MorLEy

cR0E TouRrNG and DOES z! -40, p la in t i f f has suf fered damages in

excess o f Fou r Hundred Thousand Do l l a rs (940o ,o0o .oo ) and

DCfCNdANIS LEE, T{OTLEY CRUE, MdTLEY CRUE TOURING ANd DOES 21,-40,

have been unjustly enriched in an amount to be proven at the t ime

of the t r ia l o f th is mat ter .

25. In the a l ternat ive, in the event that p la in t i f f , s actual

damages or Defendants' unjust enrichment cannot be proven,

Plainti f f is entit led to a reasonable royarLy in an amount not

less than f ive percent (5?) of the gross revenues recej-ved by

DCfCNdANIS LEE, MOTLEY CROE, MOTLEY CRUE TOURING ANd DOES 1.-2O, dt

performances and otherwise where the Tommy Lee Loop Coaster was

Complaint

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.tused .

26. The acts of Defendants LEE, MOTLEY CRUE, and DOES 2L-

40, were wiIIful and malicious in that said Defendants knowingly

and intentionally misappropri-ated KING's trade secret for their

own use and benefit to the excl-usion of KrNG, despite the fact

that they were aware of t .he duty to maj-ntain the confidentlal i ty

of the t rade secret . P la in t i f f is therefore ent i t led to punj - t ive

damages or t reb le damages pursuant to c iv i l code s 342G.3(c)

against Defendants, and each of them, in an amount according to

proof a t the t ime of the t r ia l o f th is mat ter .

27 . KING has incurred and wil l continue to incur attorney, s

fees, costs , and expenses which KING is ent i t led to recover f rom

Defendants, and each of them, pursuant to c iv i l code s 3426.4 as a

result of the wilfuI and mal-icious misappropriat ion of KrNG, s

t rade secret .

28. P la in t i f f KING is ent i t led to a temporary rest ra in ing

order, prel lminary injunction and permanent injunction against

Defendants, and each of them, and those acting in concert with

t 'hem to enjoin the misappropri4t ion of t ,he trade secret which is

cont lnu ing.

r r r .

SECOIID CAUSE OF ACTION

(FOR COMMON I.AW MISAPPROPRIATION OF

TRADE SECRETS AGAINST ALIJ DEFEIIDAIITS)

29. P la in t i f f hereby incorpora tes by th is re fe rence

paragraphs 1 through 28 set forth above as i f furry set forth

here in a t th is po in t .

30. rn or about June , 2or]- , Defendants LEE, MorLEy CRUE,

Cqmplaint

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ailMdrr,gy cn0e rouRrNG and DoES 2L-40, misappropriated the above

described trade secret by disclosing the confidential information

to others to manufacture the Tommy Lee Loop Coaster and then using

i t in the i r concer ts and otherwise.

31. As a prox imate resul t o f such misappropr iaEion,

Plainti f f KING has suffered actual damages in an amount in excess

o f Fou r Hundred Thousand Do l l a rs ($4oo ,ooo .Oo) acco rd ing to p roo f

a t t he t ime o f t r i a1 .

32. The act ions of Defendants, and each of them, were

mal ic ious, f raudurent , oppress ive, and in conscious d isregard of

the r ights of P la in t i f f KING, thus ent , i t l ing p la in t i f f KING to an

award of punitive damages in an amount according to proof at the

t ime o f t r i a l .

IV .

THrRD EAUSE OF ACTTON

(FOR I'NFAIR COMPETITTON (B&P CODE S 17200 ET SEQ. )

AGAINST AIJL DEFEIIDAITTS)

33. P la in t i f f hereby incorporates by th is re ference

paragraphs 1 through 32 set forth above as i f fuI ly set forth

here in at th is po j -nt .

34. The act ions of Defendants, and each of them,

misappropriat ing confidential j-nformation for their own use and

benef i t in 20L1, const i tu t ,e unlawfuI , unfa i r , or f rauduLent

business acts and pract ices as def ined by Cal i forn ia B&p Code S

1-7200 e t seq .

35. As a resul t o f sa id unfa j - r compet i t ion, p la in t i f f KfNG

is ent i t led

di-sgorgement

to re l ie f , inc lud ing fu l1 rest j_ tut ion and/or

of a l l revenues, earn ings, prof i ts , compensat ion and

Compl-aint

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tbenefits that have been obtained by Defendants, and each of

as a resul t o f such unfa i r bus iness acts or pract lces in an

them,

amount

accord ing to proof a t the t ime of t r ia l - .

35. The Defendants ' acts of unfa i r compet , i t ion are

continui 'ng and Plainti f f is informed and believes and thereon

alleges that Defendants, and each of them, wil l continue t.o dothose acts unless and unti l said Defendants, and those in concertwith them, are ordered to cease and d.esist by this court.

v.

FOI'RTH CAUSB OF ACTTON

(FOR ACCOUIITING AGATNST AIJIJ DEFEIIDAIITS)

37 - prainti f f hereby incorporates by this reference

paragraphs r- through 36 set forth above as i f ful1y set forth

here in at th is po int .

38. Defendants, and each of them are sorery in cont,ror_ ofthe books, records, f i les, and e lect ronic data ev idencing thelncome from concerts, commercials and other data necessary toascer ta in the amounts which Pla int i f f is ent i t led to recover inthis action' said amounts cannot be accurately calculated withoutan accounting from Defendant,s, and each of them, for the use ofthe Tommy Lee Loop Coaster.

39 ' Defendants, and each of them, have fa i led and

provide any informati-on regarding the use of the subject

secret and the income generate4,as a resul t o f i t ,s use.

40 ' P la in t i f f is ent i t red to such an account ing and requeststhat the court order Defendants, and each of them to provide anaccounting of the income generated from the use of the Tommy LeeLoop Coaster to plaj-nti f f .

re fused to

trade

Complaint

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FIFTH CAUSE OF ACTION

(FOR BREJACH OF EXPRESS Al{D TMPIJTED

PROMISE AGATNST AIJIJ DEFEIIDAIflTS)

41- . P la inEi f f hereby incorporates by th is re ference

paragraphs L through 40 set forth above as i f fu1Iy set forth

here in at th is po int .

42. P la in t i f f d isc losed h is idea and concept , to LEE,

MOTLEY CRUE, MOTLEY CR0E TOURTNG, their agents, and DoEs 2L-40,

after advising them of his expectation of receiving compensation

if the idea and concept was used by them.

43. By using the idea and concept of the Tommy Lee Loop

COASICT, LEE, MdTLEY CRUE, MoTLEY CROE TOURING ANd DOES 27-40,

expressly and impIledIy agreed to compensate plainti f f KING for

such use .

44. LEE, MOTLEY CRUE, MoTLEY CRUE TOURING ANd DOES 2:- -40

have breached such express and implied promises by using the Tommy

Lee Loop coaster idea and conc€pt, but fai l ing and refusing to

compensate KING for such use.

45. As a prox imate resul t o f such breach, KING has suf fered

damages in an amount, to be determined at the t ime of the tr ial of

th is mat t ,er .

WHEREFORE, prainti f f prays for judgrment against Defendants,

and each of them, as fo l lows:

ON THE FIRST CAUSE OF ACTION

1. For general damages in excess of Four Hundred Thousand

Do l l a rs (9400 ,OOO.OO) i n an amoun t t o be p roven a t t he

ti-me of the tr i-aI of this matter,.

10Complaint

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t2. rn the a l ternat i -ve, for reasonable royal t ies in an

amount not less than f ive percent (5?) of the gross

proceeds recei-ved by Defendants, and each of them, as a

resul t o f Ehe misappropr ia t ion of p la in t i f f , s t rade

secret r.

3. For a temporary restraining order, a prel iminary

injunction, and a permanent injunction reguir ing

Defendants, and each of them, and those act, ing i-n

concert wiEh said Defendants, from continuing

misappropr ia t ion of p la in t i f f , s t rade secret ;

4 . For at torney, s fees accord ing to 1aw;

5. For puni t lve or t reb le damages;

ON THE SECOIID CAUSE OF ACTION

6. For general damages in an amount in excess of Four

Hundred Thousand Do l l a rs (94OO,OOO.OO) acco rd ing to

proof a t t r ia l ;

7. For punit, ive damages in an amount according to proof at

t r i a l ;

THE THTRD EAUSE OF ACTION

For fu I I rest i tu t ion.and/or d isgorgement of a l l

revenues, earnings, profi ts, compensatj-on and benefits

that may have been obtained by Defendants, and each of

them, as a result of the unfaj-r business acts or

pract ices accord ing to proof ;

For a temporary restraining order, a prel iminary

injunction, and a permanent injunction requir ing

Defendants, and each of them, and those acting in

concert with said Defendants, from continuing

ON

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1 1Complaint

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?misappropr ia t ion of p la in t i f f , s t rade secret . ;

THE FOI'RTH CAUSE OF ACTTON

For a complete accounting of the income

the use of the Tommy Lee Loop Coaster by

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ON

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Defendants, and

DATED:

each of them;

11. For an order that Defendants, and each of them, pay Eo

Pla int i f f a l l sums due to p la in t i f f pursuant to such

accounting;

ON THE FTFTH CAUSE OF ACTION

12. For damages proximately caused by the breach of the

express and implied promises to pay prainti f f for the

use of his idea and concept;

ON ALL CAUSES OF ACTTON

13. For prejudgment j-nterest according to 1aw;

1-4. For costs of su i t here in; and

15. For such other and further rel ief as the court may deem

appropriate.

HART, WATTERS & CARTER, APROFESSTONAL I,AW CORPORATION

{ft-THOMAS L. WATTERS, ESQ.,attorneys for plainti f f HOWARDSCOTT KING, formerly dba,STAGES 'N' MOTION

Septembet 2 / , 2Or2

B y t

L2CompJ-aint