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David W. Affeld, State Bar No. 123922 I u )
1

AFFELD GRlV AKES ZUCKER LLP
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2 2049 Century Park East, Suite 2460
Los Angeles, California 90067
FILED
Los Angeles Superior Court
3 Tel.: (310) 979-8700
APR 26 2013
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Fax.: (310) 979-8701
Attorneys for Plaintiff Michael Zeleny
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
"
11 MICHAEL ZELENY, an individual; )
CASE No.:BC 5 06998
)
12 Plaintiff, )
w. ) COMPLAINT FOR:
13 )
DAVID AMIR MAKOV, an individual; and)
14 DOES I-50, inclusive, ) (1) INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS )
15 )
Defendants. )
16 ) JURY TRIAL DEMANDED
17
18 Plaintiff Michael Zeleny ("Zeleny") by and through his undersigned counsel of
19 record, complains as follows:
20
21 1.
THE PARTIES
Zeleny is now, and at all times relevant hereto was, an individual residing in
22 the city and County of Los Angeles, California.
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2. Zeleny is informed and believes, and on that basis alleges,
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David Amir Makov ("Makov") is an individual who resides in :"i :'.l
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3. The true names and capacities, whether individuaI;"corporate, assQct'lte or OJ
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otherwise, of defendants Does 1 through 50, inclusive, are unknown to Zeleny. Zeleny therefore :?
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27 sues them by those fictitious names, and will seek leave of court to amend this Complaint !9 allegg'
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28 their true names and capacities when they have been ascertained. All references 19 any in
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COMPLAINT
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1 the following allegations shall be interpreted to include a reference to any and/or all of these Doe
2 defendants. Zeleny is informed and believes, and on that basis alleges, that each of the defendants
3 designated herein as a Doe defendant is, in some manner, responsible for the events and
4 happenings herein referred to, either contractually or tortiously, and caused damages to Zeleny as
5 alleged below.
6 4. Zeleny is informed and believes, and on that basis alleges, that the
7 defendants, and each of them, knowingly, wilfully and maliciously agreed and conspired among
8 themselves to engage in the conduct and acts alleged in this cause of action pursuant to and in
9 furtherance of a conspiracy and agreement to engage in such tortious conduct.
10 5. Zeleny is informed and believes, and on that basis alleges, that the
11 defendants, and each of them, furthered the conspiracy by cooperating or lending aid, assistance
12 and encouragement to, or ratified and adopted the acts of, their fellow Defendants and conspirators.
13 The purpose of this conspiracy was to engage in the tortious conduct alleged below.
14
15 6.
COMMON ALLEGATIONS OF FACT
Plaintiff Michael Zeleny ("Zeleny") and defendant David Amir Makov
16 ("Makov") met and became friends while attending Harvard College in the Fall of 1989. They
17 stayed friends for approximately 15 years thereafter. From approximately 2004 until late 2008 they
18 remained on cordial terms and stayed in occasional contact.
19 7. While Zeleny and Makov were still in college together, in the summer of
20 1991 Zeleny introduced Makov to Zeleny'S then-girlfriend Erin Zhu. At that time, Zhu related to
21 Zeleny and Makov that when she was 14, she suffered brutal sexual abuse by her father Min Zhu.
22 8. Zeleny, Makov, and Erin Zhu maintained contact over the years after they
23 moved away from Cambridge, Massachusetts in the early 1990's. They remained in touch after
24 Zeleny and Zhu moved to Los Angeles in the Summer of 1993, and after Makov moved to the San
25 Francisco Bay Area in 1998.
26 9. The romantic relationship between Zeleny and Erin Zhu ended in 1997.
27 Between 1996 and 2000, Zeleny and Erin Zhu engaged in business ventures together. Those
28 ventures included a venture involving Min Zhu's company, WebEx Communications, Inc.
-2-
COMPLAINT
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1 ("Web Ex"), which Erin Zhu negotiated with her parents, Min Zhu and Susan Xu, as well as with
2 other WebEx personnel.
3 10. After their business ventures ended in 2000, Zeleny and Erin Zhu entered
4 into a dissolution agreement (the "Dissolution Agreement").
5 II. In early 2000, Erin Zhu successfully pursued a claim against her father Min
6 Zhu for childhood sexual abuse. Zeleny assisted Erin Zhu in the pursuit of that claim. Zeleny and
7 Erin Zhu discussed this claim and Erin Zhu's progress in asserting it with Makov, in conversations
8 in person and over the phone and via email.
9 12. By the fall of 200 I, Erin Zhu reneged on her obligations under the
10 dissolution agreement between her and Zeleny. From that point through the end of2001, Zeleny
11 repeatedly attempted to negotiate resolution of his disputes with Erin Zhu, other members of her
12 family, and WebEx. He expressed his intention to take legal action against them on claims arising
13 from their former business ventures and arising from the dissolution agreement. Zeleny repeatedly
14 discussed these events with Makov in the fall of 200 I, in conversations in person and over the
15 phone and via email.
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13. In late December of2001 and early January of2002, while Zeleny attempted
to negotiate a resolution of his claims against Erin Zhu, her family, and WebEx, Zeleny received a
series of anonymous threats of violence, including death threats, against himself and his family in
the names of Web Ex and Min Zhu. The author of these anonymous threats told Zeleny that these
acts of violence would be committed against him and his family unless he abandoned his attempts
to assert his rights against Min Zhu and WebEx. In this same time frame and many times
thereafter, Zeleny discussed these threats with Makov, in conversations in person and over the
phone and via email.
14. In early 2002, Zeleny filed litigation against Erin Zhu, Min Zhu, Susan Xu,
and WebEx, Santa Clara County Superior Court case number CV810705. Zeleny pursued this
litigation to a resolution in October 2004, at which time he entered into a confidential settlement
agreement with Erin Zhu. Zeleny discussed these matters with Makov regularly between 2002 and
-3-
COMPLAINT
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1 October 2004, in conversations in person and over the phone and via email (although Zeleny has
2 not disclosed the terms of the settlement to Makov).
3 IS. On February 11,2004, Zeleny's father Dr. Isaak Zelyony suffered massive
4 bums in an apartment fire of unknown origin. Dr. Zelyony never recovered consciousness. He
5 died of his injuries on March 1,2004. After his father's death, Zeleny went public with this story.
6 Zeleny discussed these events with Makov from time to time during that period, in conversations in
7 person and over the phone and via emaiL
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16. Between 2004 and 20 I 0, Zeleny also was engaged in various other litigation
matters against WebEx and Erin Zhu's mother, Susan Xu, including WebEx Communications, Inc.
v. Zeleny, Los Angeles County Superior Court case no. BC 324927; Zeleny v. WebEx
Communications, Inc., Santa Clara County Superior Court case no. 1-06-CV062767; and Xu v.
Zeleny, Santa Clara County Superior Court case no. II O-CV 162026, Zeleny also discussed these
matters other than the Xu v. Zeleny matter with Makov from time to time during that period, in
conversations in person and over the phone and via emaiL
17. In May of2005, Zeleny began a campaign of protests against Min Zhu and
the coverup of Min Zhu's having raped his daughter Erin Zhu. Zeleny has maintained this
campaign of protests in various venues from May of 2005 to the present. The protests have taken
the form of in-person demonstrations at events such as a WebEx user conference in San Francisco,
ceremonies to honor Min Zhu at Stanford University, and outside the business facilities of
investment firms that did business with Min Zhu. They also took the form of posts on Zeleny's
Internet-based LiveJournal blog, at http;/larvatus.livejournaLcom/taglwebex. Zeleny created a
website, www.subrah.com. summarizing the contents of these protest activities.
18. Makov was specifically aware of all the foregoing events, based on
numerous discussions with Zeleny in person and over the phone and via emaiL Among other
things, Makov was aware of the threats Zeleny received in late 200 I and early 2002; of the
circumstances under which Zeleny's father, Dr. Isaak Zelyony, perished; and of the history of
disputes between Zeleny and the Zhu family or their affiliates.
-4-
COMPLAINT
III
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1 19. Makov had legal problems of his own. On August 29, 2005, KPMG entered
2 a deferred prosecution agreement that admitted criminal wrongdoing in creating fraudulent tax
3 shelters. Under its agreement with the U.S. government, KPMG agreed to pay $456 million in
4 penalties in lieu offacing criminal prosecution. Meanwhile, nine individuals that included six
5 former KPMG partners and the former deputy chairman of the firm were being criminally
6 prosecuted in relation to what the United States Attorney's Office of the Southern District of New
7 York described as a multi-billion dollar criminal tax fraud conspiracy.
8 20. On October 2, 2005 a superseding indictment charged nineteen individuals
9 with conspiracy to defraud the IRS, tax evasion, and obstruction of the Internal Revenue Laws
10 arising out of illegal tax shelters that KPMG and others designed, marketed and implemented. The
11 indictment alleged that these tax shelters generated at least $11 billion in fraudulent phony tax
12 losses and resulted in at least $2.5 billion in tax evaded by wealthy individuals. Makov ultimately
13 was named as a defendant, as were his two partners in an entity involved in the sham tax shelters,
14 Presidio.
15 21. On August 20, 2007, prosecutors announced that Makov agreed to plead
16 guilty and cooperate with prosecution of his former colleagues. On September 10,2007, Makov
17 entered a guilty plea to one information count of conspiracy. He agreed to pay a $10 million
18 penalty and provided new details on those involved. Makov gave a brief explanation on the
19 workings of BLIPS, or Bond Linked Issue Premium Structure, which he said he helped create.
20 Makov was originally charged with dozens of counts of fraud, tax evasion and conspiracy, with
21 each count carrying five years in jail. Prosecutors agreed to drop all of the other charges in
22 exchange for his cooperation throughout the trial. Makov did cooperate. Numerous defendants
23 either pleaded guilty to various charges or were convicted of crimes at trial, including Makov's two
24 partners.
25 22. Between September 1,2006, and December 27, 2008, Zeleny edited the
26 Wikipedia article regarding the KPMG tax shelter fraud case by incorporating information from
27 court documents and media accounts of the trial. He refrained from relying on personal
28 information learned directly from Makov. Zeleny signed his edits by his Internet pseudonym
-5-
COMPLAINT
-------------- ---------- - - ._--------------------
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1 "Larvatus", which he had been using since 1998 in online po stings and correspondence. Makov
2 knew this pseudonym because Zeleny used it in email correspondence with Makov.
3 23. On multiple occasions between late March 2010 and June of2010, Zeleny
4 received anonymous calls making express or implied threats to Zeleny. The anonymous caller
5 claimed credit for the death of Zeleny's father, reminded Zeleny of his dead dogs, and ordered
6 Zeleny to "be a good boy", threatening him in the alternative with the same fate. The caller stated
7 that if Zeleny did as he was told, "maybe [he] live long" [sic], and threatened that Zeleny might be
8 "raped" if he did not leave Erin Zhu alone. The calls were laced with vulgar profanity and
9 contained express and implied threats to Zeleny's life and safety. In the context of the previous
10 threats Zeleny received in 200 I and 2002, and the circumstances under which Zeleny's father
11 perished, the threats Zeleny received in 20 I 0 were particularly alarming to Zeleny.
12 24. Attached as Exhibit A is a transcript of a recording of one of these calls.
13 The call took place on April I at 4:54 a.m. with caller ID 97299582395, corresponding to the
14 phone number 09-958-2395 in Israel. That listing belongs to Ariyeh (Ah-Ree-Yeah) Liberman,
15 located at 7 Hazohar St. in the city of Herzeliyah. Another call came in at 7:01 a.m. on May 10,
16 with variations on the same message. Attached as Exhibit B is a transcript of a recording of that
17 call.
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25. At 2:20 a.m. on July 17,2010, Zeleny forwarded to Makov via email the
recording of the April 1,2010 phone call. Zeleny identified the caller ID 97299582395,
corresponding to the phone number 09-958-2395 in Israel. Zeleny notified Makov that, according
to public records, that listing belonged to Ariyeh Liberman, located at 7 Hazohar St. in the city of
Herzeliyah. An hour later, Makov responded to Zeleny:
Michael,
That is my home phone number??
Very weird. Why me??? What do I have to do with this? Give me all the info, i
will make a complaint at the police [sic]
26. Between July 17,2010 and September 19,2010, Zeleny and his attorney,
David W. Affeld, repeatedly tried to contact Makov for their investigation of the threatening phone
-6-
COMPLAINT
III
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1 calls. Makov was repeatedly requested to furnish a copy of any police report Makov obtained and
2 to provide Makov's complete phone records for the number 09-958-2395, which apparently was
3 used to make the threatening phone calls Zeleny received. Makov did not cooperate with these
4 requests.
5 27. Zeleny is informed and believes, and on that basis alleges, that Makov and
6 the defendants acting in concert with Makov are responsible, directly or indirectly, for the threats
7 Zeleny received in 20 I O.
8 FIRST CAUSE OF ACTION
9 (Intentional Infliction of Emotional Distress,
10 Against Defendants Makov and Does I-50)
11 28. Zeleny incorporates by reference paragraphs 1-23, inclusive, of this
12 Complaint as though fully set forth at this point.
13 29. Beginning on or about April 1, 20 I 0, Makov and the other defendants
14 repeatedly contacted Zeleny over the telephone, using obscene language and addressing to Zeleny
15 threats to inflict injury against Zeleny's person and a member of his family.
16 30. From and after April 1, 2010, the threatening phone calls by Makov and the
17 other defendants to Zeleny demonstrated extreme and outrageous conduct with the intention of
18 causing, or reckless disregard of the probability of causing, emotional distress in Zeleny.
19 31. Zeleny has suffered severe emotional distress. As a result of these phone
20 calls, Zeleny lives in constant and persistent fear for his life and, given the callers' message
21 regarding the death of Zeleny's father coupled with the suspicious nature of his father's death,
22 Zeleny is unable to put the death of his father to rest. Zeleny was damaged by the foregoing
23 conduct in an amount to be determined at trial.
24
25
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32. The extreme and outrageous conduct by Makov and the other defendants
was a substantial factor in causing Zeleny's severe emotional distress.
33. Makov and the other defendants engaged in despicable conduct in a willful
and conscious disregard of the rights of Zeleny. They acted with an intent to injure Zeleny and to
subject Zeleny to cruel and unjust hardship. The acts and omissions of Makov and the other
-7-
COMPLAINT
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1 defendants alleged above were malicious, oppressive, and despicable. Therefore, Zeleny is entitled
2 to an award of exemplary and punitive damages against Makov and the other defendants pursuant
3 to California Civil Code 3294.
4
5
PRAYER FOR RELIEF
WHEREFORE, Zeleny prays for relief and judgment against defendants David
6 Amir Makov and DOES 1-50, and each of them, as follows:
7 (I) For general and specific damages in an amount to be determined at trial;
8 (2) For an award of punitive damages;
9 (3) For costs of suit incurred herein; and
10 (4) For such other and further relief as this Court may deem just and proper.
11
12 DATED: April 25, 2013 AFFELD GRIVAKES ZUCKER LLP
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By > i ~ i!fI4
David W. Affeld
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Attorneys for Plaintiff Michael Zeleny
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COMPLAINT
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DEMAND FOR JURY TRIAL
Plaintiff Michael Zeleny demands trial by jury of all issues so triable.
DATED: April2S, 2013 AFFELD GRIV AKES ZUCKER LLP
By: ~ t W -df/kId
David W. Affeld
Attorneys for Plaintiff Michael Zeleny
-9-
COMPLAINT

EXHIBIT A
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TRANSCRIPT OF RECORDING OF CALL APRIL 1.2010. AT 4:54 a.m. PST.
Michael Zeleny ("MZ"): Hello?
CALLER: Hello? Michael?
MZ: Yes?
CALLER: Now you good boy.
MZ: Oh, it's -- oh, it's you again, my friend.
CALLER: I, I, I friend. Friend, Michael, friend. I give you advice.
MZ: Mm-hm.
CALLER: You understand?
MZ: Yes. And what is your advice?
CALLER: Michael, you understand?
MZ: What is your advice?
CALLER: Good boy.
MZ: Can you be more specific?
CALLER: (indistinct) boy. You no cause problem. You be good boy.
MZ: Mm-hm. Well, what happens - I like causing problems. What happens if! continue?
CALLER: You continue to have same problem that you have. You know. Not good, (indistinct)
not good. No, not good. Many things not good.
MZ: Mm-hm.
CALLER: You understand, yes?
MZ: No, I don't understand. Are you claiming that - that - that you did something bad to me in
the past?
CALLER: (indistinct) you cause problem. No good for you. You stop cause problem.
MZ: You have to--

CALLER: (indistinct)
MZ: You have to explain to me --
CALLER: (indistinct) visit China.
MZ: What's that?
CALLER: When do you come visit China? Yeah?
MZ: No, I'm not coming to China. I'm not interested.
CALLER: That's - that's very good idea you not come China.
MZ: Okay.
CALLER: (indistinct) to be in China no good.
MZ: Mm-hm.
CALLER: Many problems.
MZ: Mm-hm.
CALLER: Many problems.
MZ: So if I stay here it's okay that I cause problems, huh?
CALLER: No, no good.
MZ: Mm-hm.
CALLER: Soon you cause problem, problem come to you.
MZ: Uh-huh. What kind of problem comes to me?
CALLER: You know. You know.
MZ: No, you explain to me please.
CALLER: No, you know, you know.
MZ: No, I - see, I'm too stupid. I'm - I'm -- I'm just a stupid white guy. I don't understand those
things.
CALLER: (indistinct) much that you don't have to go through, uh, what you've been through.
,-
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Not again.
MZ: What's that? What -- what were you saying?
CALLER: We hope you don't go through what - what happened. You don't want again what
happened.
MZ: Mm-hm. So are you saying that -- that you -- you had something to do with happened to my
father?
CALLER: I don't know father.
MZ: So what happened? What are you talking about?
CALLER: (indistinct) I know maybe you cause problem to your father. Maybe you cause
problem to your father with electricity and maybe you kill father. Yes? Maybe you kill your
father. (indistinct)
MZ: I think you're talking out of your ass. You can't really decide what you can do or what you
have done.
CALLER: Good. Okay, Michael. This is the last time you'll hear from me.
MZ: Really?
CALLER: And -- yes.
MZ: I was just getting used to you. You're an interesting character.
CALLER: (indistinct) other ways. And you see what happen. I suggest you very careful when
you go into car, I suggest you very careful when you tum on electricity. Yeah? Very careful.
MZ: Oh, really.
CALLER: (indistinct)
MZ: So -- so what are you going to do? You're going to set up a bomb or something?
CALLER: We don't want accidents. You know? We are very sorry your father died accident.
Yes?
MZ: Mm-hm.
CALLER: (indistinct) more.
MZ: So you had something to do with that accident? Is that what you're claiming?


CALLER: Stay away from Erin. You no call Erin. You cause problem.
MZ: What's that about Erin? I have nothing to do with Erin.
CALLER: You understand. You cause her problem. You damage Erin. Now Erin -- you cause
problem.
MZ: So -- so you're speaking on behalf of Erin, is that it?
CALLER: You -- you rape -- you rape Erin. Now maybe someone do to you.
MZ: Mm-hm.
CALLER: You not rape Erin.
MZ: What's that?
CALLER: You not rape Erin.
MZ: Oh, no, no, no -- wait, wait, wait. Her father was raping Erin. I had nothing to do with that.
CALLER: You know I work for. You stay good boy and maybe you live long. Okay, I hope you
happy. I hope you happy and visit your mother uh, say mother hello. Yes? Say mother hello.
Maybe she remember who you are.
MZ: Really? And what do I call you?
CALLER: Friend. Friend. Friend.
MZ: Can I call you Al maybe? Is your name Al by any chance?
CALLER: Your friend.
MZ:Mm.
CALLER: Friend.
MZ: Really.
CALLER: Friend.
MZ: You're my friend. Well that's nice to know.
CALLER: Be careful. Yeah? Be careful. April is not good month for you.
MZ:Mm.
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EXHIBIT B
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TRANSCRIPT OF RECORDING OF CALL MAY 10.2010. AT 7:01 a.m. PST.
CALLER: (loud music played into phone, indistinct) You know?
MZ: Yes?
CALLER: You know?
MZ: Hello?
CALLER: You know? (pause) Michael.
MZ: You want to say something?
CALLER: See what -- you see what happen? You think you safe?
MZ: Say what?
CALLER: You see what -- you think you safe?
MZ: I can't hear you.
CALLER: You think you safe?
MZ: Yes, I do.
CALLER: What happen to father? Why you kill father?
MZ: You're talking crap. I don't believe you.
CALLER: Electricity, what you do. Why father died? You bad boy. You kill father. Father no
forgive. What you want from Erin?
MZ: You want to, uh, talk sense or you want to talk crap? 'Cause I don't have a lot of time.
CALLER: (indistinct) Michael. You stop do what you do.
MZ: Mm-hm.
CALLER: Before bad thing come to you.
MZ: Mm-hm. Mm-hm.
CALLER: You understand, Michael? Michael understand. Michael.


MZ: Mm-hm.
CALLER: You understand?
MZ: No, I don't. I -- you're too sophisticated for me.
CALLER: You don't get. Your father -- dead.
MZ: Mm-hm.
CALLER: Your mother -- dead.
MZ: Mm-hm.
CALLER: Yes? Your house -- fIre.
MZ: Mm. Promises, promises.
CALLER: Fire.
MZ: You know, uh--
CALLER: (indistinct)
MZ: You know"a month ago you told me April is going to be a bad month for me. It's May now.
April was pretty good, actually.
CALLER: You homeless. You -- you fuck a gay up your ass.
MZ:Mm.
CALLER: I'm going to fuck you. I fuck you.
MZ: Such language.
CALLER: (indistinct) fuck you.
MZ: Who taught you English?
CALLER: (indistinct)
MZ: Who taught you English, my friend?
CALLER: (indistinct) Michael. Just like your father. Just like your father fuck you when you
little boy.


MZ: You got anything else to say to me because I'm gonna hang up.
CALLER: Just like your father fuck you. Just like I fuck you (indistinct).
MZ: Mm-hm. Mm-hm.
CALLER: (indistinct)
MZ: Anything else?
CALLER: Just like I fuck Erin when she little girl.
MZ: Anything else you got to say?
CALLER: (indistinct) Michael, fuck you.
MZ:Aw.Aw.
CALLER: Fuck you, ha ha ha.
MZ: God, I'm terrified. I'm quaking in my boots.
CALLER: (indistinct) little penis you have (indistinct) your penis. (Indistinct) your penis.
MZ: Mm-hm.
CALLER: So small. (Indistinct) just like father. You die like father. (pause) You never see
(indistinct) again. (Indistinct) Maybe somebody (indistinct) you. (Indistinct) Khorosho.
MZ: Anything else?
CALLER: (indistinct) Khorosho.
MZ: 00, you speak Russian. You speak Russian. How nice of you.
CALLER: (indistinct -- Russian?)
MZ: Mm-hm.
CALLER: (indistinct -- Russian?)
MZ: Mm-hm. Any other languages?
CALLER: (indistinct -- Russian?)
MZ: How about French? Can you do French?
;


CM 010
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OR PARTY WITHOUT A TIORNEY (Name, State Bar number, and address): FOR COURT USE ONL Y
David W. Afield, State Sar No. 123922
Afield Grivakes Zucker LLP
2049 Century Park East, Suite 2460, Los Angeles, CA 90067
FILED
TELEPHONE NO.' 310.979.8700 FAX NO,; 310.979.8701
Loa Angeles Superior Court
ATTORNEY FOR (Name): Plaintiff Michael Zelenv
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles
STREET ADDRESS: 111 North Hill Street
APR 23 2013.
MAILING ADDRESS: 111 North Hill Street
CITY AND ZIP CODE: Los Angeles 90012
BRANCH NAME, Central District - Stanlev Mosk Courthouse

CASE NAME: Zeleny v. Makov
CIVIL CASE COVER SHEET
Complex Case Designation
CASE NUMBER:
[l] Unlimited
0 Limited
o Counter o Joinder
nt'E:I\I)QQA
(Amount (Amount w ....... v
v
demanded demanded is Filed with first appearance by defendant
JUDGE:
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, nule 3.402)
DEPT:
Items 1-6 below must be completed (see instructIOns on page 2)
1. Check one box below for the case type that best describes this case:
Auto Tort Contract
o Auto (22) 0 Breach of contracVwarranty (06)
D Uninsured motorist (46) D Rule 3.740 collections (09)
Other PI/PDIWD (Personallnjury/Property D Other collections (09)
DamagelWrongful Death) Tort D Insurance coverage (18)
o Asbestos (041 0
O
Other contract (37)
Product liability (24) Real Property
o Medical malpractice (45) 0
[l] Other PI/PD/WD (23)
NonPI/PDIWD (Other) Tort
D Business torUunfair business practice (07)
o Civit rights (08)
o Defamation (13)
o Fraud (16)
o tntellectuat property (1 g)
Eminent domain/Inverse
condemnation (14)
o Wrongful eviction (33)
o Other real property (26)
Unlawful Detainer
o Commercial (31)
o Residential (32)
o Drugs (38)
D Professional negligence (25) Judicial Review
o Other nonPI/PDIIND tort (35) , 0 Asset forfeiture (05)
Employment D Petition re: arbitration award (11)
D Wrongful termination (36) D Writ of mandate (02)
D Other employment (15) D Other judicial review (39)
Provisionally Complex Civil Litigation
(Cal. Rules of Court, rules 3.400-3.403)
D AntitrusVTrade regulation (03)
D Construction defect (10)
o Mass tort (40)
D Securities litigation (28)
D EnvironmentaliToxic tort (30)
o Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
Enforcement of Judgment
D Enforcement of judgment (20)
Miscellaneous Civil Complaint
o RICO(27)
D Other complaint (not specified above) (42)
Miscellaneous Civil Petition
o Partnership and corporate governance (21)
D Other petition (not specified above) (43)
2. This case n is r7l is not complex under nule 3.400 of the California Rules of Court. tf the case is complex, mark the
factors requiring exceptional judicial management:
a. D Large number of separately represented parties
bO
cO
Extensive motion practice raising difficult or novel
issues that will be time-consuming to resolve
Substantial amount of documentary evidence
3. Remedies sought (check al/ that apply): a.[l] monetary
4. Number of causes of action (specify): 1
5. This case D is [Z] is not a class action suit.
d. D Large number of witnesses
e. D Coordination with related actions pending in one or more courts
in other counties, states, or countries, or in a federal court
f. D Substantial post judgment judicial supervision
b.O nonmonetary; declaratory or injunctive relief c. [l] punitive
6. If there are any known related cases, file and serve a notice of related case. (You may use form eM-Ol;.) A
Date: April 25, 2013 --,... I ' 1 .. .<0./'--/. V/./<=-d
David W. Afield , W' V'/? -7
(TYPE OR PRINT NAME) (SIGNATURE OF PARI" OR ATTORNEY FOR PARTY)
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure 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 must serve a copy of this cover sheet on all
other parties to the action or proceeding.
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
I'aool of 2
Form Adopted for Mandolory Usa
Judicial Council of Califomia
CMOl0 [Rev. July 1, 2007]
CIVIL CASE COVER SHEET
Cal. Rules of Court. rules 2.30. 3.220. 3.400-3.403, 3.740:
Cal. Standards of Judicial Adminislration. std. 3.10
www.COl.lrtinfO.CD.gov
www.Bccesslaw.com
/
-------- -----------


CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex. CASE TYPES AND EXAMPLES
Auto Tort
Auto (22)-Personal Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Other PI/PD/WD (Personallnjuryl
Property Damage/Wrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxiclenvironmental) (24)
Medical Malpractice (45)
Medical Malpractice-
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other PI/PD/WD (23)
Premises Liability (e.g., slip
and fall)
Intentional Bodily Injury/PDIWD
(e.g., assault, vandalism)
Intentional Infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other PI/PD/WD
NonPI/PD/wO (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander, libel)
(13)
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
(not medical or legal)
Other NonPI/PDIWD Tort (35)
Employment
Wrongful Termination (36)
Other Employment (15)
CM-010 [Rev. July 1. 2007]
Contract
Breach of ContracUWarranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach-Seller
Plaintiff (not fraud or negligence)
Negligent Breach of ContracV
Warranty
Other Breach of ContracUWarranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Case-Seller Plaintiff
Other Promissory Note/Collections
Case '
Insurance Coverage (not provisionally
camp/ex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landlord/tenant, or
foreclosure)
Unlawful Detainer
Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal
drugs, check this item; othefVllise,
report as Commercial or Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)
Writ of Mandate (02)
Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Writ-Other Limited Court Case
Review
Other Judicial Review (39)
Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
CIVIL CASE COVER SHEET
Provisionally Complex Civil litigation (Cal.
Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
EnvironmentalfToxic Tort (30)
Insurance Coverage Claims
(arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint
RICO (27)
Other Complaint (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (non-
harassment)
Mechanics lien
Other Commercial Complaint
Case (non-tortlnon-compfex)
Other Civil Complaint
(non-tortlnon-compfex)
Miscellaneous Civil Petition
Partnership and Corporate
Governance (21)
Other Petition (not specified
above) (43)
Civil Harassment
Workplace Violence
ElderlDependent Adult
Abuse
Election Contest
Petition for Name Change
Petition for Relief From Late
Claim
Other Civil Petition
Page 2 of2
,
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SHORT TITLE:
Zeleny v. Makov


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 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? IiZ'i YES CLASS ACTION? DYES LIMITED CASE? DYES TlMEESTlMATEDFORTRlAL3 D HOURS/0 DAYS
"---'='-'-"""-""'-""-"'''-'-''
Item II. Indicate the correct district and courthouse location (4 steps -If you checked "Limited Case", skip to Item III, 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 Local Rule 2.0.
Applicable Reasons for Choosing Courthouse Location (see Column C below)
1. Class actions must be filed in the Stanley Mask Courthouse, central district.
2. May be filed in central (other county, or no bodily injury/property damage).
6. Location of property or permanently garaged vehicle.
3. Location where cause of action arose.
7. Location where petitioner resides.
8. Location wherein defendanVrespondent functions wholly.
4. Location where bodily injury, death or damage occurred.
5. Location where performance required or defendant resides.
9. Location where one or more of the parties reside.
10. Location of Labor Commissioner Office
Step 4: Fill in the information requested on page 4 in Item III; complete Item IV. Sign the declaration.
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A
Civil Case Cover Sheet
Category No.
Auto (22)
Uninsured Motorist (46)
Asbestos (04)
Product Liability (24)
Medical Malpractice (45)
Other
Personal Injury
Property Damage
Wrongful Death
(23)
LACIV 109 (Rev, 03/11)
LASC Approved 03-04
o A7100 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death 1.,2.,4.
o A7110 Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist 1.,2.,4.
0 A6070 Asbestos Property Damage
0 A7221 Asbestos - Personal Injury/Wrongful Death
0 A7260 Product Liability (not asbestos or toxic/environmental)
0 A7210 Medical Malpractice - Physicians & Surgeons
0 A7240 Other Professional Health Care Malpractice
0 A72S0 Premises Liability (e.g., slip and fall)
0 A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g.,
assault, vandalism, etc.)
III A7270 Intentional Infliction of Emotional Distress
0 A7220 Other Personal Injury/Property Damage/Wrongful Death
CIVIL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
2.
2.
1., 2., 3., 4., 8.
1.,4.
1.,4.
1., 4.
1.,4.
10)
t., 4.
Local Rule 2.0
Page 1 of 4
,
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SHORT TITLE:
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Zeleny v. Makov
A
Civil Case Cover Sheet
Category Nq.
Business Tort (07)
Civil Rights (08)
Defamation (13)
Fraud (16)
Professional Negligence (25)
Other (35)
Wrongful Termination (36)
Other Employment (15)


I CASE NUMBER
.
o A6029 Other Commercial/Business Tort (not fraud/breach of contract)
o A6DOS Civil Rights/Discrimination
o A60l0 Defamation (slanderllibel)
o A6013 Fraud (no contract)
o A6017 Legal Malpractice
o A60S0 Other Professional Malpractice (not medical or legal)
o A6D25 Other Non-Personal Injury/Property Damage tort
o A6037 Wrongful Termination
o A6D24 Other Employment Complaint Case
o A6109 Labor Commissioner Appeals
o A60D4 Breach of Rental/Lease Contract (not unlawful detainer or wrongful
eviction)
Breach of ContracU Warranty
(06) 0 A6D08 ContracUWarranty Breach -Seller Plaintiff (no fraud/negligence)
(not insurance) 0 A6019 Negligent Breach of ContractlVVarranty (no fraud)
Collections (09)
Insurance Coverage (18)
Other Contract (37)
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (26)
o A6028 Other Breach of ContractlVVarranty (not fraud or negligence)
o A6002 Collections Case-Seller Plaintiff
o A6012 Other Promissory Note/Collections Case
o A6015 Insurance Coverage (not complex)
o A6009 Contractual Fraud
o A6031 Tortious Interference
o A6027 Other Contract Dispute(not breach/insurance/fraudlnegligence)
o A7300 Eminent Domain/Condemnation Number of parcels __ _
o A6023 Wrongful Eviction Case
o A6018 Mortgage Foreclosure
o A6032 Quiet Title
1.,3.
1 .. 2 .. 3.
1.,2.,3.
1.,2.,3.
1.,2.,3.
1.,2.,3.
2.,3.
1.,2.,3.
1.,2.,3.
10.
2 .. 5.
2.,5.
1 .. 2 .. 5.
1.,2.,5.
2.,5 .. 6.
2.,5.
1 .. 2., 5., 8.
1.,2.,3 .. 5.
1.,2.,3 .. 5.
1 .. 2., 3., 6.
2.
2.,6.
2.,6.
2 .. 6.
o A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure) 2.,6.
Unlawful Detainer-Commercial
(31)
Unlawful Detainer-Residential
(32)
Unlawful Detainer-
Post-Forectosure (34)
Unlawful Detainer-Drugs (38)
LACIV 109 (Rev. 03/11)
LASe Approved 03-04
o A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction)
o A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)
o A6020FUnlawfui Detainer-Past-Foreclosure
o A6022 Unlawful Detainer-Drugs
CIVIL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
2.,6.
2.,6.
2 .. 6.
2 .. 6.
Local Rule 2.0
Page 2 of 4
I
SHORT TITLE:
Zeleny v. Makov
A
Civil Case Cover Sheet
Category No.
Asset Forfeiture (05)
Petition fe Arbitration (11)
"
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Writ of Mandate (02)
'6
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Other Judicial Review (39)
0:
AntitrustfTrade Regulation (03)
0
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Construction Defect (1 0)
5
)(
Claims Involving Mass Tort
" a. (40)
E
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Securities Litigation (28)

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Toxic Tort
0
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Environmental (30)
'S:
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Insurance Coverage Claims
11.
from Complex Case (41)
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Enforcement
"
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RICO (27)
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Other Complaints
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(Not Specified Above) (42)
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Partnership Corporation
Governance (21)
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11. Other Petitions
u
.s: (Not Specified Above)
..
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(43)
LACIV 109 (Rev. 03/1 t)
LASe Approved 03-04


I CASE NUMBER
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0 A6108 Asset Forfeiture Case
0 A6115 Petition to CompellConfirmNacate Arbitration
0 A6151 Writ Administrative Mandamus
0 A6152 Writ - Mandamus on Limited Court Case Matter
0 A6153 Writ - Other Limited Court Case Review
0 A6150 Other Writ IJudicial Review
0 A6003 AntitrustfTrade Regulation
0 A6007 Construction Defect
0 A6006 Claims Involving Mass Tort
0 A6035 Securities Litigation Case
0 A6036 Toxic TortiEnvironmental
0 A6014 Insurance Coverage/Subrogation (complex case only)
0 A6141 Sister State Judgment
0 A6160 Abstract of Judgment
0 A6107 Confession of Judgment (non-domestic relations)
0 A6140 Administrative Agency Award (not unpaid taxes)
0 A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax
0 A6112 Other Enforcement of Judgment Case
0 A6033 Racketeering (RICO) Case
0 A6030 Declaratory Relief Only
0 A6040 Injunctive Relief Only (not domesticiharassment)
0 A6011 Other Commercial Complaint Case (non-tortlnon-complex)
0 A6000 Other Civil Complaint (non-tortlnon-complex)
0 A6113 Partnership and Corporate Governance Case
0 A6121 Civil Harassment
0 A6123 Workplace Harassment
0 A6124 Elder/Dependent Adult Abuse Case
0 A6190 Election Contest
0 A61tO Petition for Change of Name
0 A6170 Petition for Relief from Late Claim Law
0 A6100 Other Civil Petition
CIVIL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
:
I
2 .. 6.
2.,5.
2.,8.
2.
2.
2 .. 8.
1.,2.,8.
1 .. 2., 3.
1 .. 2., 8.
1.,2.,8.
1 .. 2., 3., 8.
1.,2.,5 .. 8.
2.,9.
2 .. 6.
2.,9.
2 .. 8.
2.,8.
2.,8.,9.
1.,2 .. 8.
1.,2.,8.
2.,8.
1.,2.,8.
1.,2.,8.
2 .. 8.
2.,3.,9.
2.,3.,9.
2.,3.,9.
2.
2.,7.
2.,3.,4.,8.
2.,9.
Local Rule 2.0
Page 3 of 4



I
SHORT TITLE,
. Zeleny v. Makov
I CASE NUMBER
Item Ill. Statement of Location: Enter the address of the accident, party's residence or place of business, performance. or other
circumstance indicated in Item Il.. Step 3 on Page 1, as the proper reason for filing in the court location you selected.
ADDRESS:
REASON: Check the appropriate boxes for the numbers shown 7576 Willow Glen Road
under Column C for the type of action that you have selected for
this case.
01.02.03.04.05.06.07.08. 09.010.
CITY: STATE: ZIP CODE:
Los Angeles CA 90046
Item IV. Dec/aration of Assignment: I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true
and correct and that the above-entitled matter is properly filed for assignment to the Stanley Mask courthouse in the
-,C:..:e:.:.n:.:.tr..::a:.:.1_____ District of the Superior Court of California. County of Los Angeles [Code Civ. Proc .. 392 et seq .. and Local
Rule 2.0. subds. (b). (c) and (d)).
Dated: April 25. 2013
(SIGNATURE OF A TIORNEY/FILI G PARTY)
PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY
COMMENCE YOUR NEW COURT CASE:
1. Original Complaint or Petition.
2. If filing a Complaint. a completed Summons form for issuance by the Clerk.
3. Civil Case Cover Sheet, Judicial Council form CM-010.
4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev.
03/11 ).
5. Payment in full of the filing fee, unless fees have been waived.
6. A signed order appointing the Guardian ad litem, Judicial Council form CIV-010, if the plaintiff or petitioner is a
minor under 18 years of age will be required by Court in order to issue a summons.
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.
LACIV 109 (Rev. 03/11)
LASe Approved 03-04
CIVIL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
Local Rule 2.0
Page 4 of 4