Crafton v. Does

___________________________________________________________________________
EXHIBIT A
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CORRIGAN & MORRIS, LLP
Stanley C. Morris (Cal. Bar No. 183620)
scm@cormorllp.com
Brian T. Corrigan (Cal Bar No. 143188)
bcorrigan@cormorllp.com
201 Santa Monica Boulevard, Suite 475
Santa Monica, California 90401-2212
Telephone: (310) 394-2800
Facsimile: (310) 394-2825

Attorneys for Defendant
FRED WRAY

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

BILLY CRAFTON

Plaintiff,
v.

J OHN DOE: and Does 2-5,
inclusive

Defendants.

EXHIBIT A TO

NOTICE OF REMOVAL OF CIVIL ACTION

UNDER 28 U.S.C. 1332

STATE COURT INITIATING DOCUMENTS

Case 3:13-cv-01673-L-JMA Document 1-1 Filed 07/18/13 Page 1 of 29
SUM-100
SUMMONS
(GITAGION JUDICIAL)
NOTICE TO DEFENDANT:
(AVISO ALPEMA"IDADO):
John Doe, Does 2-5, inclusive
/: 101 Z JUl 21 j P 3: q
, .. , FOR COURT USE ONL Y '"
(SOLO PARA USO [if LA CORm .
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'-'I. f i'J&4.
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
Billy Crafton
NOTICEI You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to tile a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. YOUI' written response must be in proper legal lorm if you want the court to hear your
case. There may be a court form that you can use for your response. Vou can find these court forms and more information at the California Courts .
Onnne Self-Help Center (www.courlinfo.ca.govlselfhelp). your county law library, or the courthouse nearest you. If you cannot pay the filing fee. ask
the COUl'l clerk for a fee waiver form. If you do not me your response on time, you may lase the case by defautt. and your wages, money, and property
may be taken without further warning from the court.
There are other legal reqUirements. Vou may want to call an attorney right away. If you do not know an attorney, you may want 10 call an attorney
referral service. If you cannot afford an attomey. you may be eligible for free legal services from a nonprofit legal selYices program. You can locate
these nonprofit groups at the California Legal Services Web site (www,lawhelpcalifomia.org), the California Courts Online SelfHelp Cenler
(www.courtinfo.cagov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before t he court will dismiss the case.
IAVISOI La han demandado. Si no responde dentro de 30 dlas, la corle puede decidir en su contra sin escuchar su version. Lea la informaciOn a
continuacion.
Tiene 30 DiAS DE CALENDARIO despuils de que Ie en/reguen esla citaciOn y papelas legales para presentar una respuesta par escrito en esla
corle y hacer que se entfague una copla al demandanle. Una carta 0 una /lamada leleroniea no 10 pro/egen. Su fespuesta por escri/o tiene que estar
en formata legal correcto si desea que procesen su caso en /a corte. Es posible qua haya un formulario que usted puada usar para su respuesta.
PUede encontrar estos formularios de Ie corte y mas informacion en el Centro de Ayuda de las Carles de California (www.sucorte.ca.gov). en fa
bib/ioleca de leyes de su condado 0 an la corle que Ie quede mas carea. SI no puede pagar la euota de presentaeion, pida al secretario de la carte
que Ie de un (ormularia de exencion de pago de cuo/as. Si no presenta su respuasfa a liempo. puede parder el caso por incumplimiento y la corte Ie
podrs quitar su sueldo, dinero y bienas sin mas advertenc;a.
Hay alros requisitos legales. Es recomendable que !lame a un abogado inmediatamente. Si no conocs a un abogado, puede Ilamar a un seNicia de
remision a abogados. SI no puede pagar a un abagado, es pasibJe que cumpla can los requisitos para oblener seNicios lega/as grafuilos de un
programs de seNicios lagales sin fines de lucro. Puede encontrar estos grupos sin finas de lucra en el sllio web de California Legal SeNiees,
(www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniendose en contal:/o con la corle 0 el
co/agio de abogados loca/es. AVISO: Par ley. la corte liene derecho a ree/amar las cuotas y los coslas exenlos por imponer un gravamen sobre
cualquier recuperacioll de $10,000 6 mas de valor recibida mediante un acuerdo 0 una conce.iOn de arbilraje en un de di3recho ciVil. Tiene que
pagar al gravamen de 1a corle anies de que la corte pueda desechar II caso.
The name and addreSS of the court is:
(EI nombre y direcci6n de fa corte es): San Diego Superior Court
Central Division, Hall of Justice, 330 West Broadway
San Diego, CA 92101
CASE NUMBER:
{Nrimoro del Casal;
37 -2012.o0101418-CU-DF-Cn
The name, address. and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(El nombre, fa direcci6n Y If mimero de lelMono del abogado del demandanle, 0 del demandante que no tiene abogado, es):
Judi M, Sanzo (CSB#153663), Sanzo Law, 3755 Avocado Blvd., #521, La Mesa, CA 91941, 619-579-0299
DATE: . 2012 Clerk. by
(Fecha) JU L 2 7" (Secretarlo) R. Babers
{For proof of seNica of this summons, use Proof of Service of Summons (form POS-010}.)
(Para prueba de entrega de esia citation use el formulario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVEO: You are served
[SEAL! 1. [Sf! as an individual defendant.
2. W as the person sued under the fictitious name of (specify):
ML1>fA- .. ;\'\fllf!> Aj'eYI+--
3_ 0 on behalf of (specify): Wt Ikf\. itK'" 0 etA-be Ij
, Deputy
(Ad junto)
under. 0 CCP 418.10 (corporation) 0 CCP 416.60 (minor)
o CCP 4 113.20 (defunct corporation) D CCP 416.70 (conservatee)
Form Adopted for Mandatory Use
J udicial Council Clf California
SUMlOa (Rev. JUly 1, 2009)
o CCP 416.40 (association or partnership) CJ CCP 416.90 (authorized person)
L CJ other (specify):
4. by personal delivery on (date):
SUMMONS
Page 1 0[1
Cade 01 Ciy' P'o<dur. 412.:10.465
www.cwrlinfo. cu.go>
EXHIBIT A 000005
AITORNEY OR PARTY WITHOUT AITORNEY (N.me. sr .. 'e 881' number. end addmss):
f..:'Judi M. San:w (l53663)
Sanzo Law
3755 Avocado Btvd# 521
La Mesa, CA 91941-7301
TELEPHONE NO" 619-579-0299 FAX NO.: 619-579-5888
AITORNEYFOR (Name): Ji.lilly Crafton
SUPl:RIOR COURT OF CALIFORNIA, COUNTY OF San Diego
STREET ADDRESS: 330 W. Broadway
FOR COURT USc ONL Y
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:::: San CA 92101
BAANCHNAME:Central.uivision - vv .... ,.! ''''J'\

CASE NAME:
Crafton v John Doe
CIVIL CASE COVER SHEET
CASE NUMBER:
CM010
[{] Unlimited D Limited
Complex. Case Designation
o Counter O' Joinder
37.2012..o0101418-CU-OF.c.TL
(Amount (Amount
demanded demanded is
exceeds $25,000) $25,000 or less)
Filed with first appearance by defendant
(Cal. Rules of Court, rule 3.402)
JUDGE:
DEPT:
Items 1-6 below must be camp/eted (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort
o AUlo(22)
D Uninsured motorist (46)
Other PI/PDIWD (Personal Injury/Property
DamagelWrongful Death) Tort
o Asbestos i04)
D Product liability (24)
Contract
D Breach of contract/warranty (06)
o Rule 3]40 collections (09)
D Other collections (09)
o
D
Insurance coverage (18)
Other contract (37)
Real Property
o
D
Medical malpractice (45) D Eminent domalnllnverse
Other PIIPDIWO (23) condemnation (14)
Non-PIIPDIWD (Other) Tort D Wrongful eViction (33)
o Business lort/unfair business pracUce (07) 0 Other real property (26)
o Civil rights (08) Unlawful Detainer
[2] Defamation (13) . 0 Commercial (31)
D Fraud (16) 0 Residential (32)
D Intellectual property (19) D Drugs (38)
D ProfeSsional negligence (25) Judicial Review
o Other non-PUPOIWO tort (35) 0 Asset forfeiture (05)
Employment D Petman re: arbitration award (11)
o Wrongful termination {36) D Writ of mandale (02)
o Other employment (15) 0 Other judicial review (39)
Provisionally Complex Civil Litigation
(Cal. Rules of Court, rules 3.400-3.403)
D AntitrusllTrade regulation (03)
o Construction defect (10)
D Mass tort (40)
o Securities litigation (28)
o EnvironmentalfToxic tort (30)
o Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
Enforcement of Judgment
o Enforcement of judgment (20)
Miscellaneous Civil Complaint
o RICO (27)
D Other complaint (not specified above) (42)
Miscellaneous Civil Petition
o Partnership and corporate govemance (21)
o Other petition (not specified above) (43)
2. This case D is [lJ is not complex under rule 3.400 of the california Rules of Court. If the case is complex, mark the
factors requiring exceptional judiCial management:
a. D Large number of separately represented parties
b. 0 Extensive motion practice raising difficult or novel
issues that will be time-consuming to resolve
c. 0 Substantial amount of documentary evidence
3_ Remedies sought (check all that apply): a.W monetary
4. Numberof causes of action (specify): 6
5. This case 0 is [2] 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
t D Substantial posijudgment judicial supervision
b. [ZJ nonmonetary; declaratory or injunctive relief c. [2J punitive
6. If there are any known related cases, file and serve a notice of related case. (You may u
Date: 27 July 2012 j .
JudiM_Sanzo ____ __
(TYPE OR PRINT NMIE)
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action [PrslCeeding (except small claims ca r cases filed
under the Probate Code, Family Code, or Welfare and InstitutIons Co ). Rules of Court, rule 3.220.) Failure to file may result
;n 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 s9Q_ 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 collecti ons case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onlv.
Pa 10(2
Fol11'l Adopted for MandalOfJ' U
Judicial Coundl 0' CaJifumi a
CM-OW IRov_ July 1. 2007]
CIVIL CASE COVER SHEET Cal. Rule. 01 Court, rule. 2.30. 3.220. 3.401).-3.403. 3.740;
Cal. Sland",ds 01 Judicial Admini. lration. sid. 3.10
www:. courlinfo.ca_gov
EXHIBIT A 000006
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 specffic one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in oompleting 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 OJ 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 credi t. 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-far-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 obt aining 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 Califomia Rules of Court, this must be indicat ed 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
DamagelWrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
other PI/PDIWD (Personallnjuryl
Property DamagelWrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (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/POIWD
(e.g., assault, vandalism)
Intentional Infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other PI/PDIWD
Non-PI/PDfWD (Other) Tort
Business TorVUnfair 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 Jeoal)
Other Non-PI/PDIWD Tort (35)
Employment
Wrongful -Termination (36)
Other Employment (15)
CM01O fRev. J u l ~ ' 1. 20071
Contract
Breach of Contract/Warranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach-Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contrad!
Warranty
Other Breach of ContracVWarranty
Collections (e.g., money owed, open
book accounts) (09) .
Collection Case-Seller Plaintiff
Other Promissory Note/Collections
Case
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domainllnverse
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, landlordltenant, or
foreclosure)
Unlawful Detainer
Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal
drugs, check this item; otherwise,
report as Commercial or Residentialj
Judicial Review
Asset Forfeiture (OS)
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)
Antitruslffrade Regulation (03)
Construction Defect (1 0)
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 Li en
Other Commercial Complaint
Case (non-tortlnon-complex)
Other Civ" Complaint
(non-torilnon-complex)
Miscellaneous Civil Petition
Partnership and Corporate
Govemance (21)
Other Petition (nol specified
above) (43)
Civil Harassment
Workplace Viol ence
Etder/Dependent Adult
Abuse
Election Contest
Petifion ior Name Change
Petition for Relief From Late
Claim
Other Civil Petition
Page 2 012
EXHIBIT A 000007
1 Judi M. Sanzo, State Bar No. 153663
Sanzo Law ,
2 3755 Avocado Blvd, # 521
3 La Mesa, CA 91941-7301
Telephone No.: 619-579-0299
4 Fax No.: 619-579-5888
5
Email: iudi@sanzolaw.com
6 Attorney for Plaintiff
BILLY CRAFTON
7
8
ji Z311 JUt. 21! P ): 4q
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
11
12
13 BILLY CRAFTON,
Case No. 37_2012.oo101418-CU..oF-CTL
14
Plaintiff,
COMPLAINT FOR:
15 vs.
16
JOHN DOE; and DOES 2-5,
i
l} fNTERNJ;.T IMPERSONMIQN- (PENAL CODE
528.5)
2 FALSE LIGHT
3 LIBEL PER SE
4! INTENTIONAL INFLICTION OF EMOTIONAL
ISTRESS
17
18
19
20
21
22
23
24
25
inclusive,
Defendants.
(5) APPROPRIATION OF LIKENESS and
(6) INJUNCTIVE RELIEF
DEMAND FOR JURY TRIAL
Plaintiff Billy Crafton 9"eges as follows:
GENERAL ALLEGATIONS
1. At all times relevant hereto,. Plaintiff Billy Crafton ("Plaintiff') was at all
26 relevant times, and presently is, an individual residing in San Diego, California. Plaintiff
27
has been a business agent for professional sports clients and high net worth individuals
28
COMPLAINT AND JURY DEMAND - 1
EXHIBIT A 000008
1
2
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for more than fourteen (14) years and, in that capacity, has been called upon to manage
clients
l
investments in real and personal property and provide referrals to insurance
brokers, investment brokers and other wealth managers.
2. Plaintiff is informed and believes, and based thereon al/eges, that at all
6 times mentioned herein, Defendant JOHN DOE was' and is an individual. Plaintiff is
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informed and believes, and based thereon alleges, that JOHN DOE has registered and
operated a Twitter account; however, Plaintiff does not know the true name of JOHN
DOE and therefore sues JOHN DOE pursuant to California Code of Civil Procedure
474. Plaintiff will amend this Compliant to state the true name of JOHN DOE once
Plaintiff discovers this information.
-
3. Plaintiff is informed and believes, and based thereon alleges, that each of
Defendants DOES 2-5 is legally responsible in some manner for the occurrences and
damages herein alleged, and the Plaintiffs damages as herein alleged were directly.
proximately, and substantially caused by said Defendants, and each of them. Wherever
it is alleged herein that any act was done or committed by a named Defendant, Plaintiff
intends thereby to allege and does allege, that the same act was also done arid
committed by each and every Defendant named as a Doe, both separately and in
concert with a named Defendant. Plaintiff will amend this Compliant to state the true
name of DOES 2-5 once Plaintiff discovers this information
4. Plaintiff is informed and believes, and thereon alleges, that at al/ times
herein mentioned, Defendants and each of them were the agents, Servants. co-
conspirators, partners, representatives, or employees of each of the other Defendants,
and were acting at all times individually or within the course and scope of such capacity
EXHIBIT A 000009
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and and with the advance knowledge, conse,nt, permission, acquiescence and
express or implied ratification of the remaining Defendants.
5. Jurisdiction and venue are proper in this judicial district because many of
the acts complained of by Plaintiff in this Complaint took place within this judicial district,
and many of Plaintiff's losses were incurred in this judicial District.
FACTUAL BACKGROUND
6. Plaintiff was born and raised in San Diego, CA, and attended Miami
University (OH) where he played fullback on the football team and majored in finance.
Plaintiff has worked as an investment advisor to professional athletes and high net
worth individuals for more than fourteen (14) years. Plaintiff began his career with
American Express Financial Advisors, where he successfully earned his Financial
Industry Regulation Authority (FINRA) Series 7, 63 and 65 licenses. He continued to
expand his niche representing professional athletes as a Vice President of Wealth
Management with CSI Capital Management in San Francisco. Plaintiff served as a Co-
Managing Member of Martin Advisors, LLC, was a general partner of the Mar Vista
Multi- Strategy Fund, LP and was a , founding member of Martin Kelly Capital's
investment committee. Plaintiff is an executive of Redhawk Capital Management and
SCG Management, LLC.
7. Beginning in or about May 2012, Defendant JOHN DOE and the Doe
Defendants have registered and used the following Twitter accounts, using the name
and photograph of Plaintiff: (1) @BillyCrafton, located at
(The "Billy Crafton Account"), which ;s now disabled; and (2) @BlackCardBandit located
EXHIBIT A 000010
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\
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at http://twitter.com/BlackCardBandit (The "Black Card Bandit Account") (collectively,
"The Infringing Twitter Accounts").
8. Plaintiff is informed and believes, and therefore alleges, that Defendant
JOHN DOES and the Doe Defendants created the Infringing Twitter Accounts within the
same month. The BlackCardBandit Account was opened after Twitter shut down the
BillyCrafton Account. Moreover, both accounts contain nearly identical postings and
photographs which link the subject matter, content and likeness to Plaintiff.
9. Defendants' use of the Infringing Twitter Accounts, which incorporate the
name and photographs of Plaintiff, were meant to confuse or mislead viewers into
believing Plaintiff is affiliated with the accounts, to impersonate Plaintiff and to injure his
professional and personal reputation.
10. Beginning in or about May 2012, Defendants knowingly and without
Plaintiffs consent created a Twitter Account using the name @BillyCrafton,
17 impersonating Plaintiff and using his photographic images. Twitter accounts are
18
available and accessible worldwide, including within San Diego County.
19
11. According to Twitter, the number symbol (#)' called a hashtag is used to
20
mark key words or topics in a Tweet. It was created organically by Twitter users as a
21
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way to categorize messages. Clicking on a hashtag word in a message shows all other
23 . Tweets marked with that same keyword. Hashtagged words that become very popular
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are often used in trending topics in other sites. Twitter postings are commonly referred
to as "Tweets."
EXHIBIT A 000011
1
12. The Twitter Account @8il1yCrafton was used to post numerous postings
2
, I
claiming to be authored by the Plaintiff. The Twitter Account @Billy Crafton contained
3
the following Tweets:
4
5
"If anyone is looking for an investment advisor and likes magic, call me. III
6
make your money disappear right before your eyes! #BlackCard"
7
"I am so excited I got my #taxshelter pregnant.. . .i mean #wife. #loveyoubabe
8
#BlackCard"
9
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"Just want to Jet my clients know I am now happily married ... what a wonderful
11
#taxshelter she is .. .! mean #wife. #BlackCard"
12
"Who needs life insurance? I have a great insurance/baseball agent...Jim
13
Lindell .. #highpremiums #highcomissions #kickbacks #BlackCard"
14
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"My heroes .. . #charlesponzi and #berniemadoff. I have a #blackcard"
16
"For all your baseball players out there ... 1 have more steals than Ricky
17
Henderson. #bemyclient #Westmoore #BlackCard"
18
'Wanna know what its like to be me? I have a pet human #Marty #BiackCard
n
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'Whats up @BrentCelek thanks 4 the follow! 1m all good. Spending your $$
21
better than you could have ... Can I get aRT? #Kickbacks #Blackcard"
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"@PhilHughes65 Phil keep ptichin like uve got nothing 2
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lose! (Bc honestly @ this point theres not much left 2 lose) #Ponzi #Nex"
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"Hey @HeathBell21 thanks for signing with me despite the fact I'm on my way
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to prison #gameSaver #SECaintGotShitOnMe"
27 13. Working with counsel, P/aintiffwas able to have the @BillyCrafton Twitter
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account suspended for violation of the Twitter's published Terms of Services. This
EXHIBIT A 000012
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occurred on or about 14 May 2012. After the @BillyCrafton Twitter account was
s u s p e ~ d e d , Defendant JOHN DOE and Does 2-5, inclusive, and each of them, opened
a second account @BlackCardBandit with a name of Martin Kelley.
14. On or about 15 May 2012, Defendants knowingly and without Plaintiff's
consent created a Twitter Account using the name @BlackCardBandit, impersonating
Plaintiff and using his photographic images. Twitter accounts are available and
accessible worldwide, including within San Diego County.
15. While Plaintiff no longer works or owns any interest in Martin Kelly
Capital Management, the image that is used on the @BlackCardBandit Twitter Account
as the face of "Martin Kelley" is actually a cropped image from a group photograph
.
including Plaintiff taken in May 2008, which appears on other social media sites.
16. The Twitter Account @8lackCardBandit was used to post numerous
postings claiming to be authored by Martin Kelley (a fictitious name meant to relate to
17 the business entity once owned and operated by Plaintiff). The Twitter Account
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@B!ackCardBandit contained the following Tweets:
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"I just banged my wife. I put about as much effort into it as , did
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investing my clients money ZERO #Blackcard #PityFuck"
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"My #Blackcard is blacker than ALL of my wifes ex-lovers"
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"@PhiIHughes65 Great start today! Keep all your #focus on baseball
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and none of it on your financials. #thanks #blackcard"
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U@MoneyAdvisory are u following me for money advice? I don't care
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what the @SEC_News says, #Westmoore #gerova #chinatel #rineon
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has value."
COMPLAlNT AND JURY DEMAND - 6
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,. "All my #taxshelter,.1 mean #wife watches on TV is #tylerperry movies,
#BET and #nbaplayoffs ... #idontgetit. #blackguys .. 1 mean #blaekcard."
"Does anyone know which countries don't have extradition with the
USA? #help #blackcard"
"I am the Bernie Madoff of the sports world!!! I've fucked more athletes
than Heidi Fleissl!!!"
"Just signed up 4 ETrade! literally takin financial advice frm a fucking
infant @etradebaby Smarter than u takin advice frm me tho
#BlackCard"
"Does anyone know how I can get @Verified on here? I want people
to know that the CashFlow Cowboy - #BlackCardBilly is on Twitter!!"
"Monday ... another "work" week. Spend the days #lying to my clients,
and the evenings racking up #ba'rtabs on my clients. #blackcard"
"Hey @TheHamels im $orry. Lets try again, ill do a better job of hiding
ur losses & lying 2 u. Just ask @PhilHughes65 #family #Blaekcard"
Sum1 asked me abt the liquidity of my clients aeets, Shit, I couldnt
convert- 1/2 these junk stocks in2 Chuck-E-Cheese tokens, let alone
cash"
"Hey @BrentCelek & @afeeley14 i put a shitload (of your) money on
the races today. Jimmy Lindell & I r laughing our way 2 the bank
#Blackeard"

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" H ~ y @afeeley14 i mi$$ our wild weekends 2gether .. Grab a flight out
West(moore) & lets party like b4 i finger fucked ur finances!
#BlackCard"
"My bed is lumpy as shit bc my mattress is stuffed with my clients cash
#BlackCard"
17. Contrary to the assertions in the Infringing Twitter Accounts, Plaintiff did
not create these accounts, post or authorize the use of his name or likeness and publish
the Tweets. Defendant JOHN DOE and the Doe Defendants, and each of them, acting
individually and in concert with each other, assisted in creating and posting the Tweets.
18. As a' result of the foregoing conduct by the Defendants, and each of
them, Plaintiff has suffered, and continues to suffer, direct and consequential damages
in the amount to be proven at trial. In addition, Plaintiff has suffered, and continues to
suffer, irreparable harm to his reputation and ongoing business relationships.
FIRST CAUSE OF ACTION
INTERNET IMPERSONATION (PENAL CODE 528.5)
(Against All Defendants)
19. Plaintiff hereby re-alleges, as if fully set forth herein, the allegations of
the preceding paragraphs.
20. As described fully above, Defendants knowingly and maliciously
impersonated Plaintiff on the intemet without Plaintiff's consent by, inter alia, (i)
publishing the Twitter accounts that used Plaintiff's name, using Plaintiffs name and
photographic images, and posting Tweets purporting to be authored by Plaintiff; and (ii)
posting numerous comments under the Twitter accounts using Plaintiff's name and
likeness,
COMPLAINT AND JURY DEMAND ~ 8
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21,. As described fully above, Defendants' registration and use of the Twitter
Accounts name was done with bad faith intent to impersonate Plaintiff or identify Plaintiff
with a confusingly similar name to attach Plaintiffs former business.
22. The impersonation, as described above, was credible, as it would lead a
person to reasonably believe that the author of these Tweets was Plaintiff, the person
who was impersonated and contained information known to a limited number of persons
which include these Defendants.
23. The impersonation was done on an internet website or by other
electronic means without Plaintiffs consent.
24. The impersonation was done for purposes of harming, intimidating,
threatening, and/or defrauding Plaintiff.
25. As a result of Defendants' conduct, as described herein, Plaintiff has
suffered and continues to suffer, damages in an amount to be proved at trial, including,
without limitation, past and future lost profits, and injury to reputation, as well as other
consequential damages in an amount to be proven at trial.
26. Defendants' conduct, as described herein, was performed with malice,
oppression, fraud, and reckless indifference. As described fully above, Defendants
clearly intended their conduct to cause injury to Plaintiff. Moreover, this conduct was
despicable, i.e., would be despised by any reasonable person, and it was done with a
willful disregard of Plaintiff's rights, including his privacy andproperty rights. By engaging
in the conduct described herein, Defendants subjected Plaintiff to cruel and unjust
hardship in knowing disregard of his rights and, such conduct warrants punitive and
exemplary damages under California Civil Code 3294.
COMPLAINT AND JURY DEMAND ~ 9
EXHIBIT A 000016

1 27. Defendants are continuing to engage in the unlawful actions alleged
2 and' unless restrained and enjoined will continue to do so, causing irreparable
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harm to Plaintiff. Furthermore, it is impossibly difficult to ascertain the compensation
that would afford Plaintiff adequate relief for Defendants' continuing unlawful acts.
Plaintiffs remedy at law therefore is inadequate to compensate for the injuries
threatened such that the issuance of injunctive relief is warranted.
28. Because Plaintiff has no adequate remedy at law to compensate him for
the continuing injuries inflicted by Defendants, Plaintiff is entitled to temporary,
preliminary and permanent injunctive relief and/or other equitable relief pursuant to
Penal Code 528.5(e).
SECOND CAUSE OF ACTION
FALSE LIGHT
29. Plaintiff hereby re-alleges, as if fully set forth herein, the al.legations of
30. As described fully above, Defend.ants have publicly disclosed information
and materials that portrayed Plaintiff in a false light. Specifically, Plaintiff is informed
and believes, and based thereon alleges, that Defendants have intentionally disclosed
information through the Twitter accounts and their postings, which gives the false
impression that Plaintiff is incompetent, unqualified to work in his field, a fraud, a thief, a
poor businessman, and an individual currently under investigation by the Securities and
Exchange Commission (SEC).
31. As described fully above, Defendants published these statements on the
Internet.
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32. The false light created by the publication of these statements would be
highly offensive to a reasonable person in Plaintiffs' position, because they accuse him
of lacking business competence, pursuing II/egal business strategies, and being unable
to work constructively with. others.
33. Defendants knew the Twitter postings would create a false impression
about Plaintiff and acted with reckless disregard for the truth and Defendants' conduct
was a substantial factor in causing harm to Plaintiff.
34. As a result of Defendants' conduct, as described herein, Plaintiff has
suffered, and continues to suffer, harm to his business, profession and occupation,
including money spent as a result of the false statement to repair his business,
profession and reputation. Plaintiff suffers general damages in an amount to be proven
at trial, including without limitation, past and future lost profits, and injury to reputation,
as well as other consequential damages in an amount to be proven at trial.
35. Defendants' conduct, as described herein, was performed with malice,
oppression, fraud, and reckless indifference. As described 'Fully above, Defendants
clearly intended their conduct to cause injury to Plaintiff. Moreover, this conduct was
despicable, Le .. would be despised by any reasonable person, and it was done with a
willful disregard of Plaintiffs rights, including his privacy and property rights. By
engaging in the conduct described herein, Defendants subjected Plaintiff to cruel and
unjust hardship in knowing disregard of his rights and, such conduct warrants punitive
and exemplary damages under California Civil Code 3294.
36. Defendants are continuing to engage in the unlawful actions alleged
herein, and unless restrained and enjOined will continue to do so, causing irreparable
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harm to Plaintiff. Furthermore, it is impossibly difficult to ascertain the compensation that
would' afford Plaintiff adequate relIef for Defendants' continuing unlawful acts. Plaintiffs
remedy at law is, therefore, inadequate to compensate for the injuries threatened such
that the issuance of injunctive relief is warranted.
THIRD CAUSE OF ACTION
LIBEL PERSE
38. The negative internet postings, including the Twitter accounts and the
Tweets related to each statement therein, are libelous because the language contains
defamatory meanings, as opposed to innocent meanings. The negative internet
po stings contain false and unprivileged statements about Plaintiff that exposes him to
hatred, contempt, ridicule or obloquy, or that causes Plaintiff to be shunned or avoided,
or that has a tendency of injuring Plaintiff in his business and his reputation.
39. The internet postings are libelous on their face because they charge
Plaintiff with incompetence, malfeasance, sexual harassment, racism, and alleged
lIJegal activities, including theft, fraud and tax evasion.
40. The negative Tweets were known by Defendants to be false or
Defendants acted in reckless disregard of the truth when they wrote and published
these postings with the knowledge that the Tweets would be viewed by persons who
were in existing or potential business relationships with Plaintiff, such as employers and
clients. Defendants even tried to connect with people he thought might be clients of
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Plaintiff, usi,ng the Twitter accounts and the hashtags (#) to link or trend references to
other individuals to gain widespread dissemination of the defamatory comments.
41. As a result of the negative internet postings, Plaintiff has suffered loss of
business opportunities, loss of reputation, shame, mortification and hurt feelings, all to
his general damage in an amount to be proven at trial, but not less than the
jurisdictional minimum.
42. Plaintiff is informed and believes and, upon that basis, alleges that the
negative Tweets were written and published by Defendants with malice and/or
oppression in that the content of the postings contain false, defamatory statements that
were known by Defendants to be false, and their publication was deliberately done with
.
the intention of destroying Plaintiffs reputation, and to cause Plaintiff to lose his ability to
pursue his business and/or to be shunned by society, Plaintiff is therefore entitled to
punitive and exemplary damages under California Civil Code 3294.
FOLIRTH CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
44. The actions of Defendants as described throughout this Complaint, in
particular their creating false Twitter accounts, using photographs of Plaintiff, and
impersonating Plaintiff on the Internet, attempt to attribute Plaintiff with certain unlawful
business conduct. Defendants' claims were extreme and outrageous and beyond the
bounds of common decency. Such actions were intended to cause, or were engaged in
COMPLAINT AND JURY DEMAND -13
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with a reckless disregard of the probability of causing, severe emotional distress to
Plaintiff.
45. As a direct and proximate result of the acts of Defendants, Plaintiff has
sustained and continues to suffer severe emotional distress, including anguish, anxiety,
shock, worry, humiliation and shame.
46. Defendants' conduct was a sUbstantial factor in cause Plaintiff's severe
emotional distress. Plaintiffs emotional distress is so substantial and long-lasting that
no reasonable person in a civilized society should be expected to bear it.
47. Plaintiff seeks general damages for his severe emotional distress and
other 'consequential damages in an amount within the jurisdiction of this Court, the exact
amount to be proven at trial.
. 48. Defendants, with malice, and for extortive purposes, did carry out the
unlawful acts detailed herein for the purposes of causing emotional distress to the
Plaintiff. Defendant also carried out these acts with intention to harm, and/or with
reckless dis'regard for the effects theif acts would have on Plaintiff, his family and all
other parties with whom Plaintiff conducts business. Plaintiff seeks punitive and
exemplary damages under Cal.ifornia Civil Code 3294.
FIFTH CAUSE OF ACTION
APPROPRIATION OF NAME OR LIKENESS
50. The appropriation of Plaintiffs name and likeness was unauthorized and
without Plaintiff's consent.
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------
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51. Defendants' appropriated Plaintiff's name and likeness in order to harm
, '
the personal and business relationships of the Plaintiff. Defendants seek to sway public
opinion against Plaintiff in an attempt to ruin his personal and professional reputation.
and therefore gained a commercial advantage in disparaging Plaintiff by disrupting
Plaintiff's business and interfering in Plaintiff's profits.
52. Defendants have used publicly Plaintiff's name and likeness on the
Infringing Twitter Accounts to disparage and humiliate him and in a deliberate attempt to
adversely affect his business and client relationships.
53. As a direct and proximate result of the acts of Defendants, Plaintiff has
sustained and continues to sustain general damages and other consequential damages
in an amount within the jurisdiction of this Court, the exact amount to be proven at trial.
SIXTH CAUSE OF ACTION
INJUNCTIVE RELIEF
19 the preceding paragraphs.
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55. Defendants are continuing to engage in the unlawful actions alleged
herein, and unless restrained and enjoined will continue to do so, causing irreparable
harm to Plaintiff. Furthermore, it is impossibly difficult to ascertain the compensation
that would afford Plaintiff adequate relief for Defendants' continuing unlawful acts.
Plaintiff's remedy at law is therefore inadequate to compensate fully for the injuries
threatened such that issuance of injunctive relief is warranted.
COMPLAJNT AND JURY DEMAND - 15
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56. Plaintiff seeks orders which temporarily, preliminarily and permanently
enjoin and restrain Defendants from maintain any Twitter accounts or other social media
or Internet websites, which impersonate Plaintiff in ,violation of California Penal Code
528.5.
57. Plaintiff seeks further orders which require Defendants forthwith to,
transfer all Twitter account registrations (and assign all copyright privileges anent to any
posted Tweets) to Plaintiff so that Plaintiff control the accounts and content, and forever
preclude any other person from opening another Twitter account under these names.
PRAYER
1. General damages in the amount according to proof but no less than
$25,000;
2. Special damages in the amount according to proof but no less than
$25.000
3. Punitive damages in an amount appropriate to punish Defendants for their
wrong'ful conduct and set an example for others; ,
4. A preliminary and permanent injunction ordering that Defendants
immediately:
a. Cease publishing any defamatory statements about Plaintiff on any
Twjtter accounts or other social media or Internet websites; and
b. Require Defendants forthwith to transfer all Twitter account
registrations (and aSsign al/ copyright privileges, if any, anent to
any posted Tweets) to Plaintiff;
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5. For compensatory damages pursuant to Penal Code 528.5 and all civil
remedies provided therein;
6. A declaratory judgment from this Court that the Twitter accounts and its
contents are defamatory and injurious to Plaintiff's business or occupation;
7. For prejudgment interest in an amount accordant to proof on the sum of
damages awarded to the maximum extent permitted by law;
8. Reasonable attorneys' fees and coast of suit incurred herein; and
9. Such other relief as the Court may deem just and proper
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a jury trial for a" issues triable by jury.
Dated: 27 July 2012
EXHIBIT A 000024
I
Wfllili ffi: 13 R1
OCE Parking llgat. Inc.
~ ~ ~ ~ ~ / ~ ! $ 0 . ~ Lot 11974
EXHIBIT A 000025
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
STREET ADDRESS; 330 West Broadway
MAlUNG ADDRESS: a30 West S"",dW3r
CITY AND ZIP CODE: San Diego. CA 92.101
BRANCH NAME: Cttntml
TElEPHONE NIJMilER: (619)450-7062
PLAINTIFF(S) / PETITIONER(S}:
Billy Crafton
DEFENDANT(S) I RESPONDENT(S): John Doe
CRAFTON VS. DOE
CASe NUMBER:
NOTICE OF CASE ASSIGNMENT
37-2012-0010141B-CU-DF-CTL
Judge: Ronald L. Styn
COMPLAINT/PETITION FILEO: 07/27/2012
Department: C-62
ALL CASES MUST COMPLY WrrH THE CIVIL REQUIREMENTS L1STEO BELOW,
EXCEPT FOR PARKING CITATION APPEALS
IT IS THE DUTY OF EACH PLAINTIFF (AND CROSS-COMPLAINANT) TO SERVE A COPY OF THIS NOTICE WITH
THE COMPLAINT (AND CROSS-COMPLAINT), THE AlTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION
FORM (SDSC FORM #CIV-730), A STIPULATION TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (SDSC
FORM #CIV-359), AND OTHER DOCUMENTS AS SET OUT IN SDSC LOCAL RULE 2.1.5.
ALL COUNSEL WILL BE EXPECTED TO BE FAMILIAR WITH SUPERIOR COURT RULES WHICH HAVE BEEN
PUBLISHED AS DIVISION II, AND WILL BE STRICTLY ENFORCED.
TIME STANDARDS: The following timeframes apply to general civil cases and must be adhered to unless you have
requested and been granted an extension of time. General civil cases consist of all cMl cases except: small
claims proceedings, civil petitions, unlawful detainer proceedings, probate, guardianship, conservatorship,
juvenile, and family law proceedings.
COMPLAINTS: Complaints and all other documents listed in SDSC Local Rule 2.1.5 must be served on all named
defendants, and a Certificate of Service (SDSC forrTi #CIV-345) filed within 60 days of filing.
DEFENDANTS APPEARANCE: Defendant must generally appear within 30 days of service of the complaint (Plaintiff
may stipulate to no more than 15 day extension which must be in writing and filed with the Court.) (SDSC Local
Rule 2.1.6)
DEFAULT: If the defendant has not generally appeared and no extension has been granted, the plaintiff must request
default within 45 days of the filing of the Certificate of Service. (SDSC Local Rule 2.1.7)
CASE MANAGEMENT CONFERENCE: A Case Management Conference will be set within 150 days of filing the
complaint.
ALTERNATIVE DISPUTE RESOLUTION (ADR): THE COURT ENCOURAGES YOU TO CONSIDER UTILIZING
VARIOUS ALTERNATIVES TO TRIAL, INCLUDING MEDIATION AND ARBITRATION, PRIOR TO THE CASE
MANAGEMENT CONFERENCE. PARTIES MAY FILE THE ATTACHED STIPULATION TO USE ALTERNATIVE
DISPUTE RESOLUTION (SDSe FORM
YOU MAY ALSO BE ORDERED TO PARTICIPATE IN ARBITRATION. IF THE CASE IS ORDERED TO ARBITRATION
PURSUANT TO CODE elY. PROC.1411.11, THE COSTS OF ARBITRATION WILL BE PAID BY THE COURT
PURSUANT TO CODE CIV. PROC. 1141.28.
FOR MORE INFORMATION, SEE THE ATTACHED ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION
FORM (SDSC FORM #C1V-730)
_________________ _
NOTICE OF CASE ASSIGNMENT

EXHIBIT A 000026
Superior Court of California
County of San Diego
NOTICE OF ASSIGNMENT
TO IMAGING DEPARTMENT
Tllis case has been assigned to an Imaging Department and original documents attached to
pleadings filed with the court will be imaged and destroyed. Original documents should not be
filed witb pleadings. If necessary, they should be lodged with the court under California Rules of
Court, rule 3.1302(b).
On August 1, 2011 the San Diego Superior Court began the Electronic Filing and Imaging Pilot
Ptogmm ("Program"). As of August 1, 20 II in all new cases assigned to an Imaging Department all
filings will be imaged electronically and the electronic version of the document will be the official
court file. The official court file will be electronic and accessible at one of the kiosks located in the
Civil Business Office and on the Internet through the court's website. This Program will be expanding
to other civil courtrooms over time.
You should be aware that the electronic copy of the filed document( s) will be the official court
record pursuant to Government Code section 68150. The paper filing will be imaged and held for
90 days. After that time it will be destroyed and recycled. Thus, you should not attach any
original documents to pleadings filed with the San Diego Superior Court. Original documents
fIled with the court will be imaged and destroyed except those documents specified in
California Rules of Court, rule 3.1806. Any original documents necessary for a motion hearing or
trial shall be lodged in advance of the hearing pursuant to California Rules of Court, rule 3.l302(b).
It is the duty of each plaintiff, cross-complainant or petitioner to serve a copy of this notice with
the complaint, cross-complaint or petition on all parties in the action.
On all pleadings filed after the initial case originating filing, all parties must, to the extent it is
feasible to do so, place the words "IMAGED FILE" in all caps immediately under the title of the
pleading on all subsequent pleadings filed in the action.
Please refer to the General Order - Imaging located on the
San Diego Superior Court website at:
http://www.sdcourt.ca.gov/CivillmagingGeneraIOrder
Page: 2
EXHIBIT A 000027
. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION
CASE NUMBER: 37-2012-00101418-CU-DF-CTL CASE TITLE: Crafton vs. Doe
NOTICE: All plaintlffs/cross-complainants in a general civil case are required to serve a copy of the following
three forms on each defendant/cross-defendant, together with the complaint/cross-complaint:
(1) this Alternative Dispute Resolution (ADR) Information form (SDSe form #C1V-730),
(2) the Stipulation to Use Alternative Dispute Resolution (ADR) form (SDSC fonn #CIV.359), and
(3) the Notice of Case Assignment form (SOSe form #CN-721).
Most civil disputes are resolved without filing a lawsuit, and most civil lawsuits are resolved without a trial. The courts,
community organizations, and private providers offer a variety of Altemative Dispute Resolution (ADR) processes to help
people resolve disputes without a trial. The San Diego Superior Court expects that litigants will utHize some form of ADR
as a mechanism for case settlement before trial, and it may be beneficial to do this early in the case.
Below is some information about the potential advantages and disadvantages of ADR, the most common types of ADR.
and how to find a local ADR program or neutral. A form for agreeing to use ADR is attached (SDSC form #CIV-359).
Potential Advantages and Disadvantages of ADR
ADR may have a variety of advantages or disadvantages over a trial, depending on the type of ADR process used and the
particular case:
Potential Advantages
Saves time
Saves money
Gives parties more control over the dispute
resolution process and outcome
Preserves or improves relationships
Most Common Types of AOR
Potential Disadvantages
May take more time and money if ADR does not
resolve the dispute
Procedures to learn about the other side's case (discovery),
jury trial, appeal, and other court protections may be limited
or unavailable
You can read more information about these ADR processes and watch videos that demonstrate them on the court's ADR
webpage at http://www.sdcourt.ca.govladr.
Mediation: A neutral person called a "mediator" helps the parties communicate in an effective and constructive manner
so they can try to settle their dispute. The mediator does not decide the outcome, but helps the parties to do so.
Mediation is usually confidential, and may be particularly usefUl when parties want or need to have an ongoing
relationship, such as in disputes between family members, neighbors, co-workers, or business partners, or when parties
want to discuss non-legal concems or creative resolutions that could not be ordered at a trial.
Settlement Conference: A judge or another neutral person called a "settlement officer" helps the parties to understand
the strengths and weaknesses of their case and to discuss settlement. The judge or settlement officer does not make a
decision in the case but helps the parties to negotiate a settlement. Settlement conferences may be particularly helpful
when the parties have very different ideas about the likely outcome of a trial and would like an experienced neutral to help
guide them toward a resolution.
Arbitration: A neutral person called an "arbitrator" considers arguments and evidence presented by each side and then
decides the outcome of the dispute. Arbitration is less formal than a trial, and the rules of evidence are usually relaxed. If
the parties agree to binding arbitration, they waive their right to a trial and agree to accept the arbitrator's decision as final.
With nonbinding arbitration, any party may reject the arbitrator's decision and request a trial. Arbitration may be
when the parties want another person to decide the outcome of their dispute but would like to avoid the
formali ty, ttme, and expense of a trial.
SDSC GIV-73D (Rev 12- 10)
AL TERNATIVE DISPUTE RESOLUTf.oN (ADR) 'NFORMA TlON
P:!gs: 1
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EXHIBIT A 000028
Other AOR Processes: There are several other types of ADR which are not offered through the court but which may be
obtained privately. including neutral evaluation, conciliation. fact finding. mini-trials. and summary jury trials. Sometimes
parties will try a combination of ADR processes. The important thing is to try to find the type or types of ADR that are
most likely t o resolve your dispute. Be sure to learn about the rules of any ADR program and the qualtfications of any
neutral you are considering, and about their fees.
Local ADR Programs f 'or Civil Cases
Mediation: The San Diego Superior Court maintains a Civil Mediation Panel of approved mediators who have met
certain minimum qualifications and have agreed to charge $150 per hour for each of the first two (2) hours of mediation
and their regular hourly rate thereafter in court-referred mediations.
On-line mediator search and selection: Go to the court's ADR webpage at www.sdcourt.ca.gov/adr and click on the
MMediator Search" to review individual mediator profiles containing detailed information about each mediator including
their dispute resolution training, relevant experience. AOR specialty, education and employment history, mediation style.
and fees and to submit an on-line Mediator Selection Form (SDSC form #CIV-005). The Civil Mediation Panel List, the
Available Mediator Ust, individual Mediator Profiles) and Mediator Selection Form (CIV-005) can also be printed from the
court's ADR webpage and are available at the Mediation Program Office or Civil Business Office at each court location.
Settlement Conference: The judge may order your case to a mandatory settlement conference. or voluntary settlement
conferences may be requested from the court if the parties certify that: (1) settlement negotiations between the parties
have been pursued, demands and' offers have been tendered in good faith. and resolution has failed; (2) a judicially
supervised settlement conference presents a substantial opportunity for settlement; and (3) the case has developed to a
point where all parties are legally and factually prepared to present the issues for settlement consideration and further
discovery for settlement purposes is not required. Refer to SOSC Local Rule 2.2.1 for more information. To schedule a
settlement conference, contact the department to which your case is assigned.
Arbitration: The San Diego Superior Court maintains a panel of approved judicial arbitrators who have practiced law for
a minimum of five years and who have a certain amount of trial and/or arbitration experience. Refer to SOSC Local
Rules Division I" Chapter III and Code Clv. Proc. 1141.10 et seg or contact the Arbitration Program Office at (619)
450-7300 for more information.
More information about court-connected AOR: Visit the court's AOR webpage at www.sdcourt.ca.gov/adr or contact the
court's Mediation/Arbitration Office at (619} 450-7300.
Dispute Resolution Programs Act (DRPA) funded ADR Programs: The following community dispute resolution
programs are funded under DRPA (Bus. and Prof. Code 465 et seq.):
In Central, East, and South San Diego County, contact the National Conflict Resolution Center (NCRC) at
www.ncrconline.com or (619) 238-2400.
In North San Diego County, contact North County lifeline, Inc. atwww.nclifeline.org or (760) 726-4900.
Private ADR: To find a private ADR program or neutral, search the Internet. your local telephone or business directory,
or legal newspaper for dispute resolution. mediation, settlement, or arbitration services.
Legal Representation and Advice
To partiCIpate effectively in ADR) it is generally important to understand your legal rights and responsibilities and the
likely outcomes if you went to tria!. ADR neutrals are not allowed to represent or to give legal advice to the participants in
the AOR process. If you do not already have an attomey, the California State Bar or your local County Bar Association
can assist you In finding an attorney. Information about obtaining free and low cost legal assistance is also available on
the Califomia courts website at www.courtinfo.ca.govlselfhe/pl/owcost.
I
)
SDSC CIV.730 (Rev 12.10)
ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION
Paga:2
2
EXHIBIT A 000029
SUPERIOR COURT OF CAUFORNIA. COUNTY OF SAN DIEGO
FOR COURT USE ON/.. Y
SmEET ADDRESS: 330 West Broadway
MAILING ADDRESS:
330 West Broadway
CrN, STATE, & ZIP CODE: San Diego, CA 92101-3827
BRANCH NAME: Central
I PLAINT1FF(S): Billy Crafton
DEFENDANT(S); John Doe
SHORT TITLE: CRAFTON VS. DOE
STIPULATION TO USE ALTERNATIVE
CASE NUMBER:
DISPUTE RESOLUTION (ADR)
37-2012-0010141B--CU-DF-CTL
Judge: Ronald L Styn Department: C-62
The parties and their attorneys stipulate that the matter is at issue and the claims in this action shall be submitted to the following
alternative dispute resolution (ADR) process. Selection of any of these options will not delay any case management timelines.
0
Mediation (court-connecled)
0
Non-binding private arbitration
0
Mediation (private)
0
Binding private arbitration
0
Voluntary settlement conference (private) 0 Non-binding judiCial arbitration (discovery until 15 days before trial)
0 Neutral evaluation (private) 0 Non-binding judicial arbitration (discovery until 30 days before trial)
o Other (specify 'J.g., private mini-tnal, private judge, etc.): ____________________________ _
It is also stipulated that the following shall serve as arbitrator, mediator or other neutral: (Name)
Alternate neutral (farcour! Civil Mediation Program and arbitration only): _____________________________ _
Daw: _________________________________ __
Date: _________________________ _
Name of Plaintiff Name of Defendant
Signature Signature
Name of Plaintiff's Attorney Name of Defendant's Attorney
Signature Signature
If there are more parties and/or attomeys, please attach additional completed and fully executed sheets.
It is the duty of the parties to notify the court of any settlement pursuant to CaL Rules of Court rule 3.1385 Upon notifrcation of the settlement,
the court wfll place this matter on a 45-day dismissal calendar. .
No new parties may be added without leave of court
IT IS SO ORDERED.
Dated: 0712712012
JUDGE OF THE SUPERIOR COURT
sosc Crv-'lS9 (Rev 12-10)
STIPULATION TO USE OF ALTERNATIVE DISPUTE RESOLUTION Page: 1
3
EXHIBIT A 000030
--------- - -------------------_._--_._----- -----._ ._ -------------- -- -_ ._-_._.
....
-
ATTORNEY OR PARTY WITHOUT AT roRNEY(Name, ..,tate barnumber, and
FOR COURT USE ONL Y
Judi M. Sanzo, Attorney (CSB# 153663)
SANZO LAW
3755 Avocado Blvd., #521 , La Mesa, CA 91941-7301
F
I L
E
0
TELEPHONE NO.: 619-579-0299 FAX NO.: 619-579-5888
Clark Of the Superior Court
ATTORNEY FOR (Name): Piaintiff Bil ly Crafton
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
JAN
9 2013
8 CENTRAL DIVISION. HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101
EAST COUNTY DIVISION, 250 E. MAIN ST., El CAJON, CA 92020
By; P. WOODS, Deputy
EAST COUNTY DIVISION, RAMONA BRANCH. 1428 MONTECITO RD., RAMONA, CA 92065
o NORTH COUNTY OIVISION, 325 S. MELROSE DR. . SUITE 1000, VISTA, CA 92081
o SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910
PLAINTIFF(S)
JUDGE
Billl'. Crafton
Ronald L_ Styn
OEFENDANT(S)
DEPT
John Doe; and Does 2-5, Inclusive C-62
CASE NUMBER
AMENDMENT TO COMPLAINT
37 -2012-00101418-CU-OF-CTL
'--- . , -.. .. _. - .
Under Code of Civ, Pro. 474:
FICTITIOUS NAME (Court order required once case is at issue. SDSC Local Rule 2.1.10)
Plaintiff(s). being ignor;3nt of the true name of a defendant when the complaint in the above-named case was filed, and having
designated defendant in the complaint by the fictitious name of
John Doe
and having discovered the true name of defendant to be
Fred Wray, MCSPA 'Gertifled:Agentand'Senio( Client Manager at Octagon Sports, /;
amends tbe c9mp,JaInt byi0serting name in place of su.ch ficftious name wher v " it appears in the complaint.
Date: 2{) 13 " " ' _- -r- ' .-{--" :..,=.:cu'-..-.[C.:::::...1 ; ' -!- ' ---:--:-::---=-:-:--:-:-:::-:-:-
Under Code of Civ. Pro. 473:
NAME - Add or Correct (Court order required)
Plaintiff(s), having designated 0 defendant 0 plaintiff in the complaint by the name of
and having discovered 0 name to be incorrect and the correct name is 0 defendant also uses the name of
amends the compiaint by 0 substituting 0 adding such name(s) wherever the name of
appears in the complaint.
Date: ________________________ ___
ORDER.
Date: _______________________ ___
SDSC CIV-{)12 (Rev, 4108)
AMENDMENT TO COMPLAINT
Attorney{s) for PJaintiff(s)
.. . . ;
., . -- . - . .. '.
Judge of the Superior Court
Code Civ. Pro. 473 & 474
SDSC local Rule, 2.1.10
EXHIBIT A 000031
j ', '
.,
ATIORNEY OR PARTY WITHOUT ATIORNEY(Name. sl.l. bar number. and.address): FOR COURT USE ONL Y
Judi M, Sanzo, Attorney I;;.:
SANZO LAW h .. '
3755 Avocado Blvd., #521"" ..... . . _' ;.:,
La Mesa, CA
TELEPHONE NO" FAXNO.:619-579-5888 " F I lED
ATIORNEY FOR (Name):Plaintiff BiIIYCrafto'n . . . superlo
rcourt
SUPERIOR COURT OF CALIFORNIA,COUNTY .OFSAN DIEGO ,- "013
B
CENTRALDIVISION.HALL. OFJUSTIC. E, 330 W. BROADWAY, SAN DIEGO, C.A Q2101 2 6 L .
EAST COUNTY DIVISION;250E. MAIN ST., ELCAJON, CA92020. .' n
EAST COUNTY DIVISION. RAMONA BRANCH. 1428 MONTECITO RD . RAMONA. CA 92065
o NORTH COUNTY DIVISION, 325 S. MELROSE DR, .SUITE1000. VISTA, CA 92081 ... I'"
o SOUTH COUNTY DIVISION,SOO 3RDAVE . CHULA VISTA,'CA 919iQ .... . ' .. ' ey: R. .
PLAINTIFF(S) JUDGE
Billy Crafton Ronald L Styn
. DEFENDANT(S)
DEPT
John Doe; and C-62
;AJ\liENDMENt':TO:.G:QMPlAiNT
CASENUI'v1BER
.. .
"" :-. ..
Under Code of Civ. Pro.] 0474:
FICTITIOUS NAME {Court orderreqlJired' once: case is at i$;>ue. 'SDSCLocal.Rule 2.1.10) :
Plaintiff(s). being ignorant bfa defendantwhen was filed, and having
designated of .
Doe 1
and having discoveredtne':true;name qfdefendant to. he .
. . . : . - - .
'MichaelCommodorei aprofessiona1hOeke.YPla:yer .1
amends the complaint-by inserting sueI') .true 'name in place of such fiotitious name it ,appears In the complaint.
Date g 2220/3 .. .. , ' 1-1 . '
I Attorney(s) for Plaintiff(s)
/
.. _" ." .-:; .. .. .
c/
Under Code of Civ.Pro.473: . . '.. . ... .. .
NAME - Add or .
- ' , . .
Plaintiff(s), ... :D
and having disGoveredc:Jnatne to belncQrrectandcthecorrf:!ct:nameis .' 0 .defendanLalsQ uses the name of
amends the complaint by 0 addil")9 such'name(s)wherever'thenariie of
appears in the complaint.
Date: __________________________ _
'ORDER .'.
The above ameridmentto t hecomplaintois .allolNed.
Date: _______
SDse CIV-012 (Rev. 4/08) AMENDMENT TO COMPLAINT
Attorney(s) for Plaintiff(s)
Judge of the Superior Court
Code
SDSCLocal Rule. 2.1.1Q
EXHIBIT A 000032

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