FILED

Kirk A. Pasich (SBN 94242) [email protected] ChandaR. Hinman (SBN 217412) [email protected] Kathleen Y. Sullivan (SEN 267228 ) [email protected] DICKSTEIN SHAPIRO LLP 2049 Century Park East, Suite 700 Los Angeles, California 90067 Telephone; (310)772-8300 Facsimile; (310)772-8301 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
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-je. Executive Officei/Cfetk WZEf

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CLAVJUS BASE, INC., a California corporation; THOMAS J. HANKS and MARGARITA WILSON HANKS, individually and as Trustees of Certain Trusts; 1224-1228 5TH STREET LLC, a Delaware limited liability company; 5TH STREET DEVELOPMENT. CORP., a California corporation; DOROTHY WILSON, an individual; ALLEY PROPERTIES, LLC, a Delaware limited liability company; EDWARD KESSLER, as Trustee of Certain Trusts; ELECTRIC CITY PRODUCTIONS, LLC, a California corporation; ELIZABETH A. HANKS. an individual; HARDLY THERE, LLC, a New York limited liability company; LILY A. REEVES, individually and as Trustee of Certain Trusts; MARCALON, INC., a California . corporation; PALMSEY LTD., a Cypriot corporation; THE PLAYTONE COMPANY, INC., a California corporation; PLAY-TONEPOST, a California general partnership; TINA J. KAHN, as Trustee of Certain Trusts; and RW AND SONS, INC., a California corporation. Plaintiffs, v.

CaseNo.;

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COMPLAINT FOR: (1) Professional Negligence; (2) Breach of Fiduciary Duty; (3) Fraudulent Misrepresentation; (4) Negligent Misrepresentation; (5) Conversion; (6) Fraudulent Concealment; (7) Constructive Fraud; (8) Breach of Oral Agreement; (9) Breach of the Implied Covenant of Good Faith and Fair Dealing; and
(10) Unjust Enrichment.

DEMAND FOR JURY TRIAL

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24 JERRY B. GOLDMAN, an individual; J.B. GOLDMAN INSURANCE AGENCY, INC., a 25 California corporation, also known as JERRY B. GOLDMAN INSURANCE SERVICE(S); and 26 DOES 1 through 20, 27 28 Defendants.

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COMPLAINT

Plaintiffs Clavius Base, Inc.; Thomas J. Hanks and Margarita Wilson Hanks, individually and as Trustees of Certain Trusts; 1224-1228 5th Street LLC; 5th Street Development Corp.; Dorothy Wilson; Alley Properties, LLC; Edward Kessler, as Trustee of Certain Trusts; Electric City Productions, LLC; Elizabeth A. Hanks; Hardly There, LLC; Lily A. Reeves, individually and as Trustee of Certain Trusts; Marcalon, Inc.; Palmsey Ltd.; The Playtone Company, Inc.;- Play-TonePost; Tina J. Kahn, as Trustee of Certain Trusts; and RW and Sons, Inc. (collectively, "Plaintiffs") complain of defendants Jerry Goldman, J.B. Goldman Insurance Agency, Inc., also known as Jerry B. Goldman Insurance Service(s), and Does 1 through 20 (collectively, "Defendants") and allege as follows:

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NATURE OF THIS ACTION 1. For over twenty years, Plaintiffs have relied upon Defendants, their insurance brokers,

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to advise Plaintiffs on, and to procure on Plaintiffs' behalf, myriad personal and business insurance policies. Each year, Defendants promised to procure, and represented that they had procured, such insurance. 2. Plaintiffs are informed and believe, and on that basis allege, that in a breach of their

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duties and responsibilities to Plaintiffs, Defendants have breached their duties to Plaintiffs and acted wrongfully by, among other things, (i) falsely inflating and fraudulently overcharging Plaintiffs for, and misrepresenting the amounts of, the premiums on insurance policies that they procured for Plaintiffs, (ii) altering insurance documents and related records to conceal their fraudulent scheme, and (iii) taking other acts to engage in. and conceal, their embezzlement scheme through manipulation and deceit. 3. Plaintiffs are informed and believe, and on that basis allege, that in acting wrongfully

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and in failing to perform their duties to Plaintiffs, Defendants have fraudulently overcharged Plaintiffs premiums (which premiums were actually paid by Plaintiffs), and embezzled and stolen from Plaintiffs for their own personal use and benefit hundreds of thousands, if not millions, of dollars. JURISDICTION AND VENUE 4. This Court hasjurisdiction over this action pursuant to California Code of Civil

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Procedure section 410.10. Some or all of the agreements that are the subject of this dispute were made
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COMPLAINT

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and deemed to have been entered into within California. The amount in controversy exceeds the jurisdictional minimum of this Court, 5. Venue is proper in this Court pursuant to Code of Civil Procedure section 395.

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Defendants contracted to perform their obligations in Los Angeles County and some or all of the agreements that are the subject of this dispute were made and deemed to have been entered into within Los Angeles County. THE PARTIES 6. Plaintiff Clavius Base, Inc., is a California corporation with its principal place of

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business in Los Angeles County, California. 7. California. 8. California.

9.

Plaintiff Thomas J. Hanks, an individual, is a resident of Los Angeles County,

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Plaintiff Margarita Wilson Hanks, an individual, is a resident of Los Angeles County,

Mr. Hanks and Ms. Hanks also are Trustees of certain Trusts and act as Plaintiffs here

both in their individual capacities and in their capacities as Trustees. 10. Plaintiff 1224-1228 5th Street, LLC, is a Delaware limited liability con pany with its

principa] place of business in Los Angeles County, California. ] 1. Plaintiff 5th Street Development Corp. is a California corporation with its principal

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place of business in Los Angeles County, California. 12. 13. Plaintiff Dorothy Wilson, an individual, is a resident of Los Angeles County, California. Plaintiff Alley Properties, LLC, is a Delaware limited liability company with its

principal place of business in Los Angeles County, California. 14. Plaintiff Edward Kessler, an individual and resident of Los Angeles County, California,

is acting herein as Trustee of Certain Trusts. 15. Plaintiff Electric City Productions, LLC, is a California corporation with its principal

place of business in Los Angeles County, California. 16. California. Plaintiff Elizabeth A. Hanks, an individual, is a resident of Los Angeles County,

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COMPLAINT

17.

Plaintiff Hardly There, LLC, is a New York limited liability company with its principal

place of business in Los Angeles County, California. IS. Plaintiff Lily A. Reeves, an individual, is a resident of Los Angeles County, California,

and is acting herein in both her individual capacity and in her capacity as Trustee of Certain Trusts. 19. Plaintiff Marcalon, Inc., is a California corporation with its principal place of business

in Los Angeles County, California, 20. Plaintiff Palmsey Ltd., is a Cypriot corporation, with its principal place of business in

Cyprus, Greece. 21. Plaintiff The Playtone Company is a California corporation with its principal place of

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business in Los Angeles County, California. 22. Plaintiff Play-Tonc-Post is a California general partnership with its principal place of

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business in Los Angeles County, California. ' 23. Plaintiff Tina J. Kahn is a resident of Los Angeles County. California, and is acting

herein in her capacity as Trustee of Certain Trusts. 24. Plaintiff RW and Sons, Inc., is a California corporation with its principal place of

business in Los Angeles County, California. 25. Plaintiffs are informed and believe, and on that basis allege, that Defendant Jerry

Goldman, an individual, is a resident of Thousand Oaks, California and that he is an officer, director,

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and/or agent of Defendant J.B. Goldman Insurance Agency, Inc. 26. Plaintiffs are informed and believe, and on that basis allege, that Defendant J.B.

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Goldman Insurance Agency, Inc. is a California corporation with its principal place of business in

22 Newbury Park, California. Plaintiffs are further informed and believe, and on that basis allege, that 23 24
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Defendant J.B. Goldman Insurance Agency, Inc. is authorized to transact, and is transacting, business in the County of Los Angeles and the State of California. 27. Plaintiffs are informed and believe, and on that basis allege, that at all times relevant

hereto, each of the Defendants was, and is, in some manner responsible to Plaintiffs under the obligations stated herein, that eacK'Defendant was and is an aider and abettor, joint tortfeasor, alter ego, agent, broker, employee, affiliate, and/or representative of other Defendants, in vhole or in part,
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COMPLAINT

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and that each Defendant, in doing the things alleged herein, acted and continues to act within the scope of that agency, representation, and/or employment and with the knowledge and consent of said Defendants. 28. Plaintiffs are informed and believe, and on that basis allege, that Defendants, and each

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of them, conspired together arid willfully formed a deliberate design and purpose to, and/or entered into a scheme to, commit the acts and/or omissions herein alleged, and in pursuance thereof, did

7 and/or caused to be done such acts., and/or.omissions, and that all of said acts and/or omissions were 8 9 10
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participated in and were done by all of these Defendants, or any one or more of them, is steps in furtherance of said conspiracy and for the unlawful purposes set forth herein. 29. Plaintiffs are presently unaware of the true names and capacities of the Defendants sued

herein as Does 1 through 20, inclusive, and therefore sue these Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege these Defendants' true names and capacities when ascertained. Plaintiffs are informed and believe, and on that basis allege, that each of the fictitiously named Defendants is an aider and abettor, joint tortfeasor, alter ego, agent, broker, employee, affiliate, and/or representative of the named Defendants, and is legally responsible for the unlawful conduct herein alleged.

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FACTS RELEVANT TO ALL CAUSES OF ACTION

30. For more than twenty years, Defendants professed to Plaintiffs a specialty in procuring

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insurance policies for individuals and1 businessesextending from homeowners' insurance to directors' and officers' insurance to umbrella policiesand, during this time, Defendants held themselves out as insurance brokers who were willing and able to procure such policies for Plaintiffs. 31. Or about February 7, 2011, Plaintiffs retained a new insurance broker, She! Bachrach

("Bachrach"). After a review and analysis of various policies, coverage, and premiums charged by Defendants, Bachrach notified Plaintiffs' business managers that he was concerned-that the insurance premiums from policies in the last year to two years appeared extraordinarily high for the coverage provided. 32. It also became clear in the days that followed that Defendants engaged in other breaches

of conduct, including failing to advise Plaintiffs that they did not have the authority to directly procure

COMPLAINT

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coverage for Plaintiffs. Specifically, Plaintiffs are informed and believe, and on that basis allege, that Defendants did not have the authority to seek appointments with insurance carriers, thereby precluding them from the ability to directly procure coverage, and may illegally have issued certificates of insurance without appointments. 33. When Defendants provided copies of some of the relevant insurance policies to

Plaintiffs and/or their agents, on some of the policies the amount of the premium (and in some cases, the identity of the insurance broker that actually procured the coverage) was redacted. Plaintiffs are informed and believe, and on that basis allege, that Defendants charged Plaintiffs more than the quoted premiums for coverage procured, the total amount of which has not yet been determined. 34. Plaintiffs are further informed and believe, and on that basis allege, that Defendants

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bound unnecessarily duplicative insurance coverage for various periods, the scope of which has not yet been determined. . FIRST CAUSE OF ACTION (Against All Defendants for Professional Negligence) 35. Plaintiffs reallege and incorporate by reference herein each allegation contained in

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paragraphs 1 through 34 above. 36. For over two decades, Defendants acted as Plaintiffs' insurance brokers. Throughout

the course of their dealings with Plaintiffs, Defendants held themselves out as skilled nsurance brokers, having superior knowledge regarding their ability to procure myriad types of personal and business insurance policies for Plaintiffs. Defendants intended that Plaintiffs rely, and Plaintiffs did rely, on Defendants' alleged expertise and advice in connection with Plaintiffs 1 insurance matters. 37. Defendants, in the course of their involvement in the design, negotiation, and purchase

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of Plaintiffs' insurance coverage, agreed to advise Plaintiffs as to the coverage Plaintiffs were purchasing with Defendants' assistance arid to procure insurance that would provide coverage to Plaintiffs for myriad events, in doing so, Defendants were required to use the skill arid care that a reasonably careful insurance broker would have used in similar circumstances.

COMPLAINT

38.

Plaintiffs are informed and believe, and on that basis allege, that Defendants failed to

use the skill and care that a reasonably careful insurance broker would have used in similar

3 circumstances by, among other things: 4 5 6 7 8 9

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39. d. e. b. c. a. Misrepresenting their ability to procure coverage for Plaintiffs by, for example, failing to advise Plaintiffs that they did not have the authority to seek appointments with insurance carriers, thereby precluding them from the ability to directly procure coverage; Illegally issuing certificates of insurance without appointments; Charging Plaintiffs premiums for insurance never procured and/or charging Plaintiffs more than the quoted premium for coverage procured; Binding unnecessarily duplicative insurance coverage; and Covering up their predatory embezzlement scheme through manipulation and deceit. As a direct and proximate cause of Defendants' negligence, Plaintiffs have suffered

damages, including overcharged premiums, attorneys' fees, costs, and expenses. The amount of these

16 damages has not been precisely determined and the damages are continuing to accrue Defendants 17 will seek leave to amend this Complaint when the precise amount of these damages is ascertained. 18 19 20
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SECOND CAUSE OF ACTION (Against All Defendants for Breach of Fiduciary Duty) 40. - Plaintiffs reallege and incorporate by reference herein each allegation contained in paragraphs 1 through 34 above. 41. Based upon their representations, their expertise, and their long-standing relationship

with Plaintiffs, Defendants owed Plaintiffs a fiduciary duty to act with the utmost good faith in the best interests of Plaintiffs. 42. For over twenty years. Defendants have agreed to act as Plaintiffs' agent and/or brokers

for purposes of procuring certain personal and business insurance policies for Plaintiffs. As such, a confidential relationship existed at all relevant times herein mentioned between Plaintiffs and Defendants.
7 COMPLAINT


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43.

Plaintiffs are informed and believe, and on that basis allege, that Defenc .ants violated

their relationship of trust and confidence with Plaintiffs, breached their fiduciary dutie ;, and failed to act as reasonable and careful agents and brokers by, among other things: a. Misrepresenting their ability to procure coverage for Plaintiffs ' y, for example, failing to advise Plaintiffs that they did not have the authority U seek appointments with insurance carriers, thereby precluding them Tom the ability to directly procure coverage; b. c. Illegally issuing certificates of insurance without appointments; Charging Plaintiffs premiums for insurance never procured and/ or charging Plaintiffs more than the quoted premium for coverage procured; d. f. Binding unnecessarily duplicative insurance coverage; and Covering up their predatory embezzlement scheme through rnar ipulation and deceit. 44. Moreover, Plaintiffs are informed and believe, and on that basis allege, that the

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Defendants used their positions as agents and brokers of Plaintiffs to obtain a secret p ofit and/or commission by collecting unnecessary and/or inflated premiums. 45. As a direct, foreseeable, and proximate result of Defendants' breaches < their fiduciary )f

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duties, Plaintiffs have suffered damages, including overcharged premiums, attorneys1 fees, costs, and expenses. The amount of these damages has not been precisely determined and the d images are continuing to accrue. Defendants will seek leave to amend this Complaint when the p recise amount of these damages is ascertained. 46.
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Defendants' breaches of their duties as alleged above were undertaken with the Intent of

depriving Plaintiffs of their property or legal rights or otherwise causing injury, and v ere despicable, malicious, oppressive, and/or fraudulent conduct that subjected Plaintiffs to a cruel ar d unjust hardship in conscious disregard of Plaintiffs' rights, so as to justify an award of exern >lary and

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26 punitive damages in an amount to be proven at trial.

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COMPLAINT

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THIRD CAUSE OF ACTION (Against All Defendants for Fraudulent Misrepresentation) 47. Plaintiffs reallege and incorporate by reference herein each allegation contained in

paragraphs 1 through 34 above. 48. In connection with the procurement of insurance policies for Plaintiffs, Defendants

fraudulently misrepresented to Plaintiffs that they had the authority to procure such insurance, made specific and false representations as to the amount of the premiums charged by the insurance carriers, and represented to Plaintiffs that Defendants had procured the right amount of coverage for each Plaintiff at each level.
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Plaintiffs are informed and believe, and on that basis allege, that the representations

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alleged above were in fact false. At the time such representations were made by Defendants, Plaintiffs were ignorant of the falsity of Defendants' representations and believed them to be true. Plaintiffs are informed and believe, and on that basis allege, that at the time Defendants made these representations, Defendants knew that these representations were false and made such representations with the intent to deceive and defraud Plaintiffs and to induce Plaintiffs to act in reliance upon these 'epresentations. 50. Plaintiffs justifiably relied on Defendants' representations with respect to the

procurement of Plaintiffs' insurance policies. In reliance on these representations, Plaintiffs were induced to and allowed Defendants to broker policies on their behalf, purchase the insurance policies, and pay the premiums quoted by Defendants. Had Plaintiffs known that Defendants were not authorized to procure Plaintiffs' insurance or issue insurance certificates and that Defendants were overcharging premiums, failing to procure insurance promised, double binding insurance coverage for the same Plaintiff at the same level, and/or covering up their scheme, Plaintiffs would not have taken these actions. 51. Plaintiffs' reliance on Defendants 1 representations was justified because of Defendants'

alleged superior knowledge and expertise in purchasing insurance, Defendants' holding themselves out as skilled insurance brokers, and Defendants' long-term and special relationship with Plaintiffs. 52. As a direct and proximate result of Defendants' fraudulent misrepresentations, Plaintiffs

have suffered damages, including overcharged premiums, attorneys' fees, costs, and expenses. The 9
COMPLAINT

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amount of these damages has not been precisely determined and the damages are continuing to accrue. Plaintiffs will seek leave to amend this Complaint when the precise amount of these damages is ascertained. 53. Defendants' acts alleged above included fraudulent misrepresentations with the intent of

depriving Plaintiffs of their property or legal rights or otherwise causing injury, and were despicable, malicious, oppressive, and/or fraudulent conduct that subjected Plaintiffs to a cruel and unjust

7 hardship in conscious disregard of Plaintiffs' rights, so as to justify an award of exemplar)' and S punitive damages in an amount to be proven at trial. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 54. FOURTH CAUSE OF ACTION (Against All Defendants for Negligent Misrepresentation) Plaintiffs reallege and incorporate by reference herein each allegation contained in

paragraphs 1 through 34 above. 55. In connection with the procurement of insurance policies for Plaintiffs, Defendants

negligently represented to Plaintiffs that they had the authority to procure such insurance, made specific and false representations as to the amount of the premiums charged by the insurance carriers, and represented that they had procured the right amount of coverage for each Plaintiff at each level. 56. Plaintiffs are informed and believe, and on that basis alleges, that the representations

alleged above were in fact false. At the time such representations were made by Defendants, Plaintiffs were ignorant of the falsity of Defendants' representations and believed them to be true. Plaintiffs are informed and believe, and on that basis allege, that at the time Defendants made these representations, Defendants knew, or should have known, that these representations were false, and that Plaintiffs would rely upon them. Plaintiffs are informed and believe, and on that basis allege, that Defendants intended for Plaintiffs to rely on these representations. 57. Plaintiffs justifiably relied on Defendants' representations with respect to the

procurement of Plaintiffs' insurance policies. In reliance on these representations, Defendants were induced to, and did, purchase the insurance policies and paid the premiums charged b ' Defendants. Had Plaintiffs known that Defendants were not authorized to procure Plaintiffs' insurance or issue insurance certificates and that Defendants were overcharging premiums, failing to procure insurance 10
COMPLAINT

as promised, double binding insurance coverage for the same Plaintiff at the same level, and/or covering up their scheme. Plaintiffs would not have taken these actions. 58. Plaintiffs' reliance on Defendants' representations was justified because of Defendants'

alleged superior knowledge and expertise in purchasing insurance, Defendants' holdir g themselves out as skilled insurance brokers, and Defendants' long-term and special relationship with Plaintiffs, 59. As a direct and proximate result of Defendants' negligent misrepresentations, Plaintiffs

have suffered damages, including overcharged premiums, attorneys' fees, costs, and expenses. The amount of these damages has not been precisely determined and the damages are continuing to accrue. Plaintiffs will seek leave to amend this Complaint when the precise amount of these damages is

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ascertained. FIFTH CAUSE OF ACTION

(Against AH Defendants for Conversion)

60.

Plaintiffs reallege and incorporate by reference herein each allegation contained in

paragraphs 1 through 34 above. 61. As set forth above, Plaintiffs were induced to and allowed Defendants to procure

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insurance policies on their behalf and collect the premiums purportedly in payment of such policies. Had Plaintiffs known that Defendants were not authorized to procure Plaintiffs' insurance or issue insurance certificates and that Defendants were overcharging premiums, failing to procure insurance promised, double binding insurance coverage for the same Plaintiff at the same level, and/or covering up their scheme, Plaintiffs would not have taken these actions. 62. Plaintiffs reasonably and justifiably relied on Defendants to execute their duties as

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brokers for Plaintiffs and the representations Defendants made to Plaintiffs, and therefore purchased certain policies and paid the premiums quoted by Defendants. Defendants have converted a substantial portion of the'premiums paid for their own use and benefit and to the detriment of Plaintiffs. Defendants have failed and refused to repay the improperly charged premiums. 63. As a direct and proximate result of Defendants' conversion, Plaintiffs have suffered

damages, including overcharged premiums, attorneys' fees, costs, and expenses. The amount of these

COMPLAINT

damages has not been precisely determined and the damages are continuing to accrue. Plaintiffs will seek leave to amend this Complaint when the precise amount of these damages is ascertained. 64. Defendants' acts of conversion were done with the intent of depriving Plaintiffs of their

property or legal rights or otherwise causing injury, and were despicable, malicious, oppressive, and/or fraudulent conduct that subjected Plaintiffs to a cruel and unjust hardship in conscious disregard of Plaintiffs 7 rights, so as to justify an award of exemplary and punitive damages in an amount to be proven at trial.

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67. d. c. b. 65.

SIXTH CAUSE OF ACTION

(Against All Defendants for Fraudulent Concealment) Plaintiffs reallege and incorporate by reference herein each allegation contained in

paragraphs 1 through 34 above. 66. Plaintiffs are informed and believe, and on that basis allege, that Defendants suppressed

or concealed the following material facts, among others: a. Defendants did not have the authority to procure insurance on behalf of Plaintiffs; Defendants charged Plaintiffs more than the quoted premiums for coverage procured; Defendants surreptitiously bound unnecessarily duplicative insurance coverage;
and

Defendants covered up their predatory embezzlement scheme through manipulation and deceit.

Plaintiffs are informed and believe, and on that basis allege, that the suppression or

concealment of information herein alleged was undertaken with the intent to induce Plaintiffs to act in reliance thereon and in the manner herein alleged. 68. At the time of Defendants' concealment or suppression, Plaintiffs were ignorant of the

information concealed or suppressed by Defendants. If Plaintiffs had been aware of the existence of the facts not disclosed by Defendants, Plaintiffs would not have paid the premiums quoted by

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COMPLAINT

Defendants or allowed Defendants to continue to broker policies on their behalf and purchase the policies recommended by Defendants. 69. As a direct and proximate result of Defendants' fraudulent concealment Plaintiffs have

suffered damages, including overcharged premiums, attorneys' fees, costs, and expenses. The amount of these damages has not been precisely determined and the damages are continuing to accrue. Plaintiffs will seek leave to amend this Complaint when the precise amount of these damages is ascertained. 70. Defendants' acts alleged above included deceit and/or fraudulent concealment of

material facts known to Defendants with the intent of depriving Plaintiffs of their property or legal
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rights or otherwise causing injury, and were despicable, malicious, oppressive, and/or fraudulent conduct that subjected Plaintiffs to a cruel and unjust hardship in conscious disregard of Plaintiffs' rights, so as to justify an award of exemplary and punitive damages in an amount to be proven at trial. SEVENTH CAUSE OF ACTION (Against All Defendants for Constructive Fraud) 71. Plaintiffs reallege and incorporate by reference herein each allegation contained in

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paragraphs 1 through 34 above. 72. As stated above, Defendants owed Plaintiffs fiduciary duties. Specifically, Defendants

agreed to act as Plaintiffs' agents and brokers for purposes of procuring certain personal and business insurance policies for Plaintiffs. As such, a confidential relationship existed at all relevant times herein between Plaintiffs and Defendants. In that regard, Plaintiffs placed confidence in the fidelity and integrity of Defendants in entrusting Defendants with the responsibility to, procure the appropriate insurance policies for Plaintiffs and to charge'Plaintiffs the appropriate premiums for such coverage. 73. Despite having voluntarily accepted the trust and confidence reposed in them with

regard to Plaintiffs' insurance policies and funds, and in violation of this relationship of trust and confidence, Plaintiffs are informed and believe, and'on that basis allege, that Defendants abused the

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trust and confidence of Plaintiffs by, among other things: a. Misrepresenting their ability to procure coverage for Plaintiffs by, for example, failing to advise Plaintiffs that they did not have the authority to seek 13
COMPLAINT

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appointments with insurance carriers, thereby precluding them from the ability to procure coverage; b. c. Illegally issuing certificates of insurance without appointments; Charging Plaintiffs premiums for insurance never procured and/or charging Plaintiffs more than the quoted premium for coverage procured; c. e. Double binding insurance coverage for the same Plaintiff at the same level; and Covering up their predatory embezzlement scheme through manipulation and deceit. 74. Moreover, Plaintiffs are informed and believe, and on that basis allege, that the

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Defendants used their positions as agents and brokers of Plaintiffs to obtain a secret profit and/or commission by collecting unnecessary and/or overstated premiums. 75. Plaintiffs are informed and believe, and on that basis allege, that Defendants' wrongful

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acts described above were undertaken with the intent to deceive and defraud Plaintiffs. Plaintiffs reasonably relied on Defendants in view of their long-standing special relationship. 76. At the time of Defendants' concealment or suppression. Plaintiffs were ignorant of the

information concealed or suppressed by Defendants. If Plaintiffs had been aware of the existence of the facts not disclosed by Defendants, Plaintiffs would not have paid the premiums quoted by Defendants or allowed Defendants to continue to broker policies on their behalf and purchase the policies recommended by Defendants. 77. As a direct and proximate result of Defendants' fraud and deceit, Plaintiffs have

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21 'suffered damages, including overcharged premiums, attorneys' fees, costs, and expenses. The amount
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of these damages has not been precisely determined and the damages are continuing to accrue. Plaintiffs will seek leave to amend this Complaint when the precise amount of these damages is ascertained.
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78.

Defendants' acts alleged above included deceit and/or fraudulent concealment of

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material facts known to Defendants with the intent on the part of Defendants of depriving Plaintiffs of their property or legal rights or otherwise causing injury, and were despicable, malicious, oppressive and/or fraudulent conduct that subjected Plaintiffs to a cruel and unjust hardship in conscious

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COMPLAINT

disregard of Plaintiffs' rights, so as to justify an award of exemplary and punitive damages in an amount to be proven at trial. EIGHTH CAUSE OF ACTION (Against All Defendants for Breach of Oral Agreement) 79. Plaintiffs reallege and incorporate by reference herein each allegation contained in

paragraphs 1 through 34 above. 80. For over twenty years, Defendants have acted as Plaintiffs1 insurance brokers for both

business and professional insurance coverage. In that regard, Defendants agreed to provide Plaintiffs advice and to purchase certain insurance policies on their behalf. In exchange, Plaintiffs paid certain premiums and purchased insurance at Defendants' direction and recommendation (the 'Agreement").

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81.

Plaintiffs performed all of their obligations under the Agreement with Defendants or

have been excused from performance by reason of the acts and conduct of Defendants or by operation
of the law.

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82. Plaintiffs, 83.

In acting and failing to act as alleged above, Defendants breached their Agreement with

As a direct and proximate result of Defendants' breach of contract. Plaintiffs have

suffered damages, including overcharged premiums, costs, and expenses. The amount of these damages has not been precisely determined and the damages are continuing to accrue Plaintiffs will

19 seek leave to amend this Complaint when the precise amount of these damages is ascertained.
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NINTH CAUSE OF ACTION (Against All Defendants for Breach of the Implied Covenant of Good Faith and Fair Dealing) 84. Plaintiffs reallege and incorporate by reference herein each allegation contained in

paragraphs 1 through 34 and 80 through 83 above. 85. The Agreement contained an implied covenant of good faith and fair dealing requiring

that; (1) Defendants would not do anything to jeopardize Plaintiffs' insurance coverage or Plaintiffs3

26 ability to realize the benefits of coverage that Defendants promised to procure on their behalf; (2)
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Defendants would deal fairly and in good faith with Plaintiffs; and (3) Defendants would promptly and fairly carry out their obligations under the Agreement, as alleged above.
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COMPLAINT

86.

' Defendants breached the implied covenant of good faith and fair dealing by, in addition

2 to the wrongful acts described above, engaging in actions purposefully alined at frustrating and
3 interfering with Plaintiffs' insurance coverage and/or Plaintiffs' ability to realize the benefits of 4 coverage that Defendants promised to procure on their behalf. 5
87. The acts alleged above constitute violations of the implied covenant of good faith and

6 fair dealing. 7
88. As a direct, foreseeable, and proximate result of Defendants' breach of the implied-

8 covenant of good faith and fair dealing. Plaintiffs have suffered damages, including overcharged 9 premiums, attorneys' fees, costs, and expenses. The amount of these damages has not been precisely
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89. determined and the damages are continuing to accrue. Defendants will seek leave to amend this Complaint when the precise amount of these damages is ascertained. TENTH CAUSE OF ACTION (Against All Defendants for Unjust Enrichment) Plaintiffs reallege and incorporate by reference herein each allegation contained in

paragraphs 1 through 34 above. 90. Plaintiffs are informed and believe, and on that basis allege, that Defendants improperly

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charged Plaintiffs premiums for insurance never procured and/or charged Plaintiffs more than the actual premiums charged by the insurance carriers for substantial portions of the coverage procured. Moreover, Plaintiffs arc informed and believe, and on that basis allege, that the Defendants used their . i* positions as agents and brokers of Plaintiffs to obtain a secret profit and/or commission by collecting unnecessary and/or overstated premiums. 91. As a result of Defendants 1 wrongful conduct, Defendants have been unjustly enriched at

the expense of Plaintiffs and have unjustly retained the benefits of their wrongful conduct. 92. As a direct and proximate result of Defendants' fraud and deceit, Plaintiffs have

suffered, damages, including overcharged premiums, attorneys' fees, costs, and expenses. Plaintiffs are entitled to a constructive trust and restitution of the amounts wrongfully taken and retained by Defendants at Plaintiffs' expense.

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COMPLAINT

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2 3 severally, as follows: 4 5 6 7 8 9
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1. 2. 3.

PRAYER WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, jointly and

ON THE FIRST CAUSE OF ACTION FOR PROFESSIONAL NEGLIGENCE For damages in an amount to be proved at trial; For interest thereon; and For costs of suit incurred herein.

ON THE SECOND CAUSE OF ACTION FOR BREACH OF FIDUCIARY DUTY 1. 2. 3. For damages in an amount to be proved at trial; For recovery of the Defendants 3 secret profits and/or commissions; For punitive damages in an amount appropriate to punish Defendants and deter others

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4. 5. For interest on the damages according to proof at the legal rate; and For costs of suit incurred herein.

ON THE THIRD CAUSE OF ACTION FOR FRAUDULENT MISREPRESENTATION 1. 2. For damages in an amount to be proved at trial; For punitive damages in an amount appropriate to punish Defendants and deter others

18 from engaging in similar conduct; 19 20 21 22 23 24

3. 4. For interest on the damages according to proof at the legal rate; and For costs of suit incurred herein.

ON THE FOURTH CAUSE OF ACTION FOR NEGLIGENT MISREPRESENTATION 1. 2. 3. For damages in an amount to be proved at trial; For interest on the damages according to proof at the legal rate; and For costs of suit incurred herein. ON THE FIFTH CAUSE OF ACTION FOR CONVERSION
1.

2
26 27

For damages in an amount to be proved at trial; For punitive damages in an amount appropriate to punish Defendants and deter others

2,

28 from engaging in similar conduct;

17
COMPLAINT

 .
1
2
3 4 5

3. 4.

For interest on the damages according to proof at the legal rate; and For costs of suit incurred herein.

ON THE SIXTH CAUSE OF ACTION FOR FRAUDULENT CONCEAI -MENT 1. 2. For damages in an amount to be proved at trial; For punitive damages in an amount appropriate to punish Defendants and deter others

6 from engaging in similar conduct; 7 8 9 10 11

1. 2. 3. 4. For interest on the damages according to proof at the legal rate; and For costs of suit incurred herein. ON TH E SEVENTH CAUSE OF ACTION FOR CONSTRUCTIVE Ft LAUD For damages in an amount to be proved at trial; For punitive damages in an amount appropriate to punish Defendants and deter others

12 from engaging in similar conduct; 13 14 15

3. 4.

For interest on the damages according to proof at the legal rate; and For costs of suit incurred herein.

ON THE EIGHTH CAUSE 'OF ACTION FOR BREACH OF ORAL AGR LEMENT 1. 2. For compensatory damages in an amount to be determined at trial; and For costs of suit incurred herein.

16
17 18

ON THE NINTH CAUSE OF ACTION FOR BREACH OF THE IMPLIED C( )VENANT OF GOOD FAITH AND FAIR DEALING 1, 2. 3. For compensatory damages in an amount to be determined at trial; For interest on the damages according to proof at the legal rate; and For attorneys 1 fees and costs of suit herein incurred. ON THE TENTH CAUSE OF ACTION FOR UNJUST ENRICHMl ,NT 1. For restitution of the money wrongfully retained by Defendants as a result of their

19 20 21
22 23 24
rr/s^/c&
io 10
C\i

wrongful acts in an amount proven at trial; 2. 3. For interest on the damages according to proof at the legal rate; and For costs of suit herein incurred,

28 18
COMPLAINT

-J

to

1
2 3
4 Dated: March 21, 201 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ON ALL CAUSES OF ACTION Such other, further, and/or different relief as may be just and proper.

DICKSTEfN SHAPIRO LLP

By:

__ Kirk A. Pasich Attorneys for Plaintiffs

COMPLAINT

DEMAND FOR JURY TRIAL

Plaintiffs Clavius Base, Inc.; Thomas J. Hanks, Margarita Wilson Hanks, indiv dually and as

3 Trustees of Certain Trusts; 1 224- 1 228 5th Street LLC; 5th Street Development Corp.; Dorothy Wilson; 4 Alley Properties, LLC; Edward Kessler, as Trustee of Certain Trusts; Electric City Pro iuctions, LLC; 5 Elizabeth A. Hanks; Hardly There, LLC; Lily A, Reeves, individually and as Trustee o f Certain Trusts;

6 Marcalon, Inc.; Palmsey Ltd.; The Playtone Company, Inc.; Play-Tone-Post; Tina J, K ihn; as Trustee 7 of Certain Trusts; and RW and Sons, Inc. (collectively, "Plaintiffs") hereby demand a 1rial by jury in 8 this action. 9 10 Dated; March 2 1 , 20 1 1 11 12
13

DICKSTEIN SHAPIRO LLP

.

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Kirk A. Pasioh Attorneys for Plaintiffs

14
15

16
17 18 19 20 21 22 23 24 ,-'

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25 26 27 28

"

20
COMPLAINT

D :>CSLA-69304v8

CM-01Q
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, S{ FOR COURT USE ONLY

'

Kirk A. Pasich, SBN 94242 Cham Dickstein Shapiro LLP 2049 Century Park East, Suite 700 Los Angeles, CA 90067 TELEPHONE wo.: 310-772-8300

Hinman, SBN 217412

FILED
FAX HO.: 310-772-8301 SUPERIOR COURT OFGALIFORMA COUNTY OF LOS ANGELES I

ATTORNEY FOR [Wame;:

Plaintiffs C13VJUS B3S6, Inc.. et al.

MAR 2 2 2 0 1 1
-fohnA.yraFK,
BY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS Angeles

STREET ADDRESS: 111 North Hill Street MAIUNG ADDRESS: 111 North Hill Street CITY AND ZIP CODE: Los Angeles, CA 90012 BRANCH NAME: Central CASE NAME: Clavius Base, Inc., et al. v. Jerry B, Goldman, et a!.

{"*/ nyt Vr'ellcy

.Depnty

Complex Case Designation CIVIL CASE COVER SHEET Unlimited n Limite'd EH Counter EH Joinder (Amount (Amount JUDGE: Filed with first appearance by defendant demanded demanded is DEPT: exceeds 525,000) 525.000 or less) (Gal. Rules ol Court, rule 3,402) items 1-6 below must be completed (see instructions on page 2). Check one box below for Ihe case type that best describes this case: Contract Auto Tort Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) EH Breach of contract/warranty (06) D Auto (22) EJ Antitrust/Trade regulation (03) EH Rule 3.740 collections (09) El Uninsured motorist (46) EH Construction defect (10) Other PUPOIWD (Personal Injury/Property EH Other collections (09) Damage/Wrongful Death) Tort G Mass tort (40) PI Insurance coverage (18) EH Asbestos (04) EH Securities litigation (28) EH Other contract (37) D Product liability (24) Real Property EH Environ me ntai/Toxk: tort (30) D Medical malpractice (45) n Eminent domain/Inverse I I Insurance coverage claims arising from the condemnation (14) above listed provisionally complex case D Other PI/PD/WD (23) types (41) Non-PI/PD/WD (Other) Tort EH Wrongful eviction (33) Enforcement of Judgment I I Business tori/unfair business practice (07) [~] Other real property (26) I I Enforcement of Judgment (20) Unlawful Detainer D Civil rights (OS) Miscellaneous Civil ComplaintEH Commercial (31) EH Defamation (13) D RICO (27) | EH Residential (32) IE! Fraud (16) EH Other complaint (not specified above) (42) D Drugs (38) D Intellectual property (19) Miscellaneous Civil Petition Judicial Review EH Professional negligence (25) EH Partnership and corporate governance (21) O Asset forfeiture (05) D Olher non-Pl/PD/WD ton (35) LJ Petition re: arbitration award (11) I I Other petition (no! specified above) (43) Employment Q Writ of mandate (02) EH wrongful termination (36) [ ] Other judicial review (39) EH Other employment (15) [El is not complex under rule 3.40D of the California Rules of Court. If the case is complex, mark the 2. This case EH is factors requiring exceptional judicial management: Large number of witnesses EH Large number of separately represented parties d. b. EH Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more courts issues that will be lime-consuming to resolve in other counties, states, or countries, or in a federal court c. EH Substantial amount of documentary evidence f. EH Substantial postfudgment Judicial supervision 3. Remedies sought (check all (bat apply): a. [X] monetary b. [5 ] nonmonetary; declaratory orlnjunctive relief c. punitive 4. Number of causes of action (specify): Ten 5. This case G is 0 is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: March 21, 2011

5 56

;Chanda R. Hinman
(TYPE OR PRIMT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)

NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims case ; or cases filed under the Probate Code, Family Code, orWelfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Fail jre 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 musl serve a copy of this c >ver sheet on all other parties to the action or proceeding. Unless Ihis is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
Pago 1 of 2

Fwm Adopted 'f Mimdaiuy Uso Judicial Council o! CoWofnia July 1.2007J

CIVIL CASE COVER SHEET

Cel. Rutes of Coon. nJes 2 30. 3 320. 3 JDO-3.-1Q3, 3.7-50: Cal. Standards al'Juoioal Administfalion. sia. 3.10

SHORT TiTL&CLAVIUS BASE, INC., eta!, v.JERRY B. GOLDMAN, et al.

CASE NUMBER

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) This form is required pursuant to LASC Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court. Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:
JURY TRIAL? [X] YES CLASS ACTION? D YES LIMITED CASE? D YES TIME ESTIMATED FOR TRIAL JO D HOURS/ [X] DAYS.

Item II. Select the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to Item I!!, 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 of this case. Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have checked. For any exception to the court location, see Los Angeles Superior Court Local Rule 2.0. Applicable Reasons for Choosing Courthouse Location (see Column C below)
1. 2. 3. 4. 5. Class Actions must be filed In the County Courthouse, Centra) District. May be filed in Central (Other county, or no Bodily Injury/Property Damage). Location where cause of action arose. Location where bodily injury, death or damage occurred. Location where performance required or defendant resides. 6. Location of property or permanently, garaged vehicle. 7. Location where petitioner resides. | 8. Location wherein defendant/respondent functions wholly. 9. Location where one or more of the parties reside. 10. Location of Labor Commissioner Office.

Step 4: Fill in the information requested or^page 4 in Item 111; complete Item IV. Sign the declaration.

A
Civil Case Cover Sheet Category No. Auto (22) Uninsured Motorist (46) Type of Action

B
App

c
Icable Reasons Se a Step 3 Above
,4,
4
1..2

(Chech only one) LJ A7100 d) A7110 Motor Vehicle - Personal Injury /Property Damage/Wrongful Death Personal Injury/Property Damage/Wrongful Death -Uninsured Motorist

1..2

CD A6070 Asbestos (04) Q A7221 Product Liability (24) i~~l A7260 D A7210 [D A7240 D A7250
CL ra

Asbestos Property Damage Asbestos- Personal Injury /Wrongful Death Product Liability (not asbestos or toxic/environmental) Medical Malpractice - Physicians 5 Surgeons Other Professional Health Care Malpractice Premises Liability (e.g., slip and fall) Intentional Bodily In Jury /Property Damage/Wrongful Death (e.g., assault, vandalism, etc.) Intentional Infliction of Emotional Distress Other Personal Injury /Property Damage/Wrongful Death Other ComrnerciafBusiness Tort (not fraud/breach of contract) Civil Rights/Discrimination Defamation (slander/libel) Fraud (no contract)

2. 2. 1., 2 . 3. .4., 8. 1.,2 1..2 .4. 1.. 2 . 4, 1., 2 ,4. 1..2 3.

01
C

Medical Malpractice (45)

Ji O
O
t. O

Other Personal Injury Property Damage Wrongful Death (23)

O A7230 0 A7270 CJ A7220

i.,; ., 4.
1..2 ,3. 1..2 .3.
1..2

s.o fj
n" bb a)

Business Tort (07) Civil Rights (08) Defamation (13)

LJ A6Q29 Q A6005 O A6010 [3 A6013

. 3.

m
^v-r:

Fraud (16)

i./SH

o
CIV 109 (Rev. 01/07) LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION

LASC, rule 2.0 Page 1 of 4

sHoRTTm.E:CLAVIUS BASE, INC., et al. v. JERRY B. GOLDMAN, et al

CASEWUMBER i

II 21-

Civil Case Cover Sheet Category No.

B
Type of Action (Chech only one) d A6017 [ I A6050 O A6025 Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Personal Injury /Property Damage tort

C
Applicable Reasons -See Step 3 Above 1..2..3.

Professional Negligence (25)

1., 2.. 3. 2., 3.

<V o c 2
c
(D

Other (35)

^E

Wrongful Termination (36) Other Employment (15}

G A6037 [~] A6024 O A6109 f~] A6004 f~1 A6008 f~] A6019 I I A6028

Wrongful Termination Other Employment Complaint Case Labo; Commissioner Appeals Breach of Rental/Lease Contract (not Unlawful Detainer or wrongful eviction) Contract/Warranty Breach -Seller Plaintiff (no fraud/negligence) Negligent Breach of Contract/Warranty (no fraud) Other Breach of ContractAVarranty (not fraud or negligence) Collections Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not complex) Contractual Fraud Tortious Interference Other Contract Dispute(not breach/insurance/fraud/negligence)

1., 2.. 3. 1., 2., 3. 10. 2., 5, 2., 5. 1., 2., 5.

1..2..5.

"a.
LU

'Breach of Contract/ Warranty (06) (not insurance)

c o u

Collections (09) Insurance Coverage (18) Other Contract (37)

D A6002 O A6012 LJ A6015 C] A6009 I I A6031 D A6027

2., 5.. 6 2.. 5. 1., 2., 5., 8. 1., 2., 3,,5. 1., 2.,3.,5. 1..2., 3.. 8.
I

Eminent Domain/lnverse Condemnation (14)

. L ,

I I A7300

Eminent Domain/Condemnation

Number of parcels

2.

D. O

9r

Wrongful Eviction (33) Other Real Property (26)

Q A6023 O A6018 [D A6032 ["] A6060

Wrongful Eviction Case Mortgage Foreclosure Quiet Title Other Real Property(not eminent domain, landlord/tenant, foreclosure)

2,6. 2., 6. 2. ,6. 2., 6. 2., 6. 2., 6. 2. .6. 2., 6. 2., 5.

"ro

Unlawful DetainerCommercial (31) Unlawful DetainerResidential (32)

JS

[~1 A6021 [HI A6020 D A6022 Q A6108 l~~l A61 15

Unlawful Detainer-Commercial (not drugs or wrongful eviction) Unlawful Detainer-Residential (not drugs or wrongful eviction) Unlawful Detainer-Drugs Asset Forfeiture Case Petition to Com pel/Confirm A/a cate Arbitration

Unlawful DetainerDrugs (38) Asset Forfeiture (05)

toe hffl

^y "S

Petition re Arbitration (11)

CIV 109 (Rev. 01/07) LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM

AND STATEMENT OF LOCATION *nrfnL,BHM.mcc O . , F o rm Worltflo w,

LASC, rule 2.0 Page 2 of 4


SHORT-TITLE: CLAV1US BASE, INC., etal. v. JERRY B.GOLDMAN, eta!

CASE NUMBER

A
Civil Case Cover Sheet Category No.

B
Type of Action (Check only one) CU A61 51 Writ - Administrative Mandamus Writ - Mandamus on Limited Court Case Matter Writ - Other Limited Court Case Review Other Writ /Judicial Review

C
Appli' able Reasons See Step 3 Above

5 Q)
'> Q)

2., 8. 2. 2. 2., 0.

Writ of Mandate

| A61 52

a:

(02)
Other Judicial Review (39) AntrtrustTTrade Regulation (03) Construction Defect (10)

D A61 53 CD A6150

D A6003

Antitrust/Trade Regulation

1..2., 8

Q.

[I] A6007 Claims Involving Mass Ton (40) Securities Litigation (28) Toxic Tort Environmental (30) Insurance Coverage Claims from Complex Case (41) [U A6006

Construction defect Claims Involving Mass Tort

1.. 2., 3
1..2..8

E
0

c j o l_
Q.

O A6035 I i A6036

Securities Litigation Case Toxic Tort/Environmental

1..2..8 1..2..3 ..3.

f~1 A6014

Insurance Coverage/Subrogation (complex case only)

1., 2., 5 ., 8.
i

O AB141

Sister State Judgment Abstract of Judgment Confession of Judgment (non-domestic relations) Administrative Agency Award (not unpaid taxes) Petition /Certificate for Entry of Judgment on Unpaid Tax Other Enforcement of Judgment Case Racketeering (RICO) Case Declaratory Relief Only .Injunctive Relief Only (not domestic/harassment) Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Partnership and Corporate Governance Case

2., 9. 2.. 6. 2., 9. 2.. 6. 2., 8. 2., 8. ,< ,

I .

c c
CD Q>

E E
d)

01

Enforcement of Judgment

CH A6160 [~~1 AB1 07 [_] A6140 LJ A61 1 4 Q A6112

(20)
C ^_ HJ O

RICO (27)

D A6033 Q A6030

1..2..8
1., 2.,f 2., 8.

a =3 C 2 C Q.
3 E
m O S O

Other Complaints (Not Specified Above)

I A6Q40

O A601 1

1..2.. E .

(42)
Partnership Corporation Governance(21)

1 A6000

1.,2., e . i
2., 8,

LJ A6113

>

D A6121 I Other Petitions (Not Specified Above) I A6123 CU A6124 L~H A61 90 Q A61 1 0 CD A6170

Civil Harassment Workplace Harassment Elder/Dependent Adult Abuse Case Election Contest Petition for Change of Name Petition for Relief from Late Claim Law Other Civil Petition

2..3..S ,
2., 3., E. 2., 3. ,E , 2. 2., 7. 2.. 3. ,t .,8. 2., 9.

b
o o
(D

(43)
Str k-

O A61DO

CIV 109 (Rev. 01/07) LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION American LegnlNel, Inc.

LASC. rule 2.0 Page 3 of 4

vww. F o nrn Worirflo w. c o m


SHORT-TITLE: CLAV1US BASE, INC., etal. v. JERRY B. GOLDMAN, et al
REASON: CHECK THE NUMBER UNDER COLUMN C WHICH APPLIES IN THIS CASE
ADDRESS:

CASE NUMBER

Item 111. Statement of Location: Enter the address of the accident, party's residence or place of business, performance, or other circumstance indicated in Hern II., Step Son Page 1, as the proper reason for filing in the court location you selected.

8383'WiIshire Blvd. Suite 500

n 1. IEI 2. n 3. D4. a 5. n e. n 7. n s. n 9. n 10.

CITY: STATE: ZIP CODE:

Beverly Hills

CA

90211

Item IV. Declaration of Assignment; I declare under penalty of perjury under the laws of the State of California that the foregoing is

Irue and correct and lhat the above-eniilled matter is properly filed for assignment to the Central
subds. {b), (c) and (d)J.

Los Angeles

courthouse in the

_District of the Los Angeles Superior Court (Code Civ. Proc., 392 et seq., and LASC Local Rule 2.0,

Dated: March 21, 2011

[SIGNATURE OF ATTORneY/FlLING PARTY)

CHANDAR. HINMAN

Attorneys For Plaintiffs CLAVIUS BASE, INC., et al. PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE: 1. 2. 3. 4. 5. 6. Original Complaint or Petition. If.filing a Complaint, a completed Summons form for issuance by the Clerk. Civil Case Cover Sheet form CM-010. Complete Addendum to Civil Case Cover Sheet form LAClV 109 (Rev. 01/07), LASC Approved 03-04. Payment in full of the filing fee, unless fees have been waived. Signed order appointing the Guardian ad Litem, JC form FL-935, if the plaintiff or petitioner is a minor under 18 years of age, or if required by Court.

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.

, w

CIV 109 (Rev. 01/07) LASC Approved 03*0-1

CIVIL CASE COVER SHEET ADDENDUM LASC, rule 2.0 AND STATEMENT OF LOCATION Page 4 of 4 irican LcgallJol, Inc.
. fo rms Worttlo w. co m