Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 1 of 63 Page ID #:383

1 WEX LAW, PROFESSIONAL LEGAL CORPORATION
2
MICHAEL K. CERNYAR, SBN 225240
1000 WILSHIRE BOULEVARD, SUITE 2150
3 LOS ANGELES, CALIFORNIA 90017
TELEPHONE: (213) 986-9844
4 FACSIMILE: (562) 800-0474
5
Attorneys for PLAINTIFF
6 HOLLYWOOD ENTERTAINMENT GROUP, LLC;
CONCIERGE, INC; and CRAIG BANASZEWSKI
7

8 THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
9

10 DISNEY ENTERPRISES, INC. et al, CASE NO.: CV 16-9432-JFW
(MRWx)
11 PLAINTIFFS,
12 v. [Assigned for all purposes to
District Judge Hon. John F.
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13 HOLLYWOOD ENTERTAINMENT GROUP Walter and Magistrate Judge
14 LLC, et al, Hon. Michael R. Wilner]

15 DEFENDANTS. DEFENDANTS
16 HOLLYWOOD
ENTERTAINMENT GROUP,
17
HOLLYWOOD ENTERTAINMENT GROUP LLC’S AND CRAIG
18 LLC, a Nevada Limited Liability Company, BANASZWESKI’S ANSWER
d/b/a VIP CONCIERGE, INC.; and CRAIG TO COMPLAINT AND
19 COUNTER-CLAIMS
BANASZEWSKI, an individual,
20
COUNTER-CLAIMANTS, DEMAND FOR JURY
21 TRIAL
22 v.
Hon. John F. Walter
23
DISNEY ENTERPRISES, INC. a Delaware
24 corporation; LUCASFILM LTD, LLC, a Filed: 12/21/2016
California limited liability company;
25
LUCASFILM ENTERTAINMENT
26 COMPANY LLC, a California limited liability
company; MARVEL CHARACTERS, , INC.,
27
a Delaware corporation; MVL FILM
28 FINANCE LLC, a Delaware limited liability

Case No.: 2:16-CV-09432-JFW (MRWx) 1 ANSWER; DEMAND FOR JURY
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 2 of 63 Page ID #:384

1

1 company; NBCUNIVERSAL MEDIA, LLC, a
Delaware limited liability company;
2
UNIVERSAL CITY STUDIOS LLC, a
3 Delaware limited liability company; WARNER
4
BROS. ENTERTAINMENT INC., a Delaware
Corporation; and SONY PICTURES
5 ENTERTAINMENT INC., a Delaware
6
Corporation, ROES 1 through 25, inclusive,

7 COUNTER-DEFENDANTS.
8

9
Pursuant to Rule 8(b) of the Federal Rules of Civil Procedure, Defendants
10
Hollywood Entertainment Group LLC (“HEG”) and Craig Banaszewski (“Mr.
11 Banaszewski) (collectively “Defendants”) hereby answer the Complaint by
12 Plaintiffs Disney Enterprises, Inc, Lucasfilm Ltd, Llc, Lucasfilm Entertainment
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13 Company LLC, Marvel Characters, Inc., MVL Film Finance LLC,
14 NBCUniversal Media, LLC, Universal City Studios LLC, Warner Bros.
15 Entertainment Inc., And Sony Pictures Entertainment Inc (collectively,
16 “Plaintiffs”). If an averment is not specifically admitted, it is hereby denied.
17

18 ANSWER TO COMPLAINT
19
I.
20
INTRODUCTION
21

22 1. Answering Paragraph 1, the Defendants admit that the Plaintiffs have
23
filed this action to stop the Defendants from selling tickets. Except as expressly
24
admitted herein, Defendants lack sufficient knowledge or information to admit or
25

26 deny the allegations contained in this paragraph and on that basis denies each and
27
every such allegation.
28
2
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1

1 2. Answering Paragraph 2, Defendants lack sufficient knowledge or
2
information to admit or deny the allegations contained in this paragraph and on that
3

4
basis denies each and every such allegation.

5
3. Answering Paragraph 3, Defendants admit to the two previous
6

7 lawsuits and that the lawsuits were settled. Except as expressly admitted herein,
8 Defendants lack sufficient knowledge or information to admit or deny the
9
allegations contained in this paragraph and on that basis denies each and every
10

11 such allegation.
12
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13 II.

14 THE PARTIES
15
A. Plaintiffs
16

17
The Disney Plaintiffs
18

19 4. Answering Paragraph 4, Defendants lack sufficient knowledge or

20 information to admit or deny the allegations contained in this paragraph and on that
21
basis denies each and every such allegation.
22

23
5. Answering Paragraph 5, Defendants lack sufficient knowledge or
24
information to admit or deny the allegations contained in this paragraph and on that
25

26 basis denies each and every such allegation.
27

28
3
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1

1 6. Answering Paragraph 6, Defendants lack sufficient knowledge or
2
information to admit or deny the allegations contained in this paragraph and on that
3

4
basis denies each and every such allegation.

5
The NBCUniversal Plaintiffs
6

7 7. Answering Paragraph 7, Defendants lack sufficient knowledge or
8
information to admit or deny the allegations contained in this paragraph and on that
9
basis denies each and every such allegation.
10

11
8. Answering Paragraph 8, Defendants lack sufficient knowledge or
12
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13 information to admit or deny the allegations contained in this paragraph and on that
14 basis denies each and every such allegation.
15

16 Warner Bros Entertainment Inc.
17

18 9. Answering Paragraph 9, Defendants lack sufficient knowledge or
19
information to admit or deny the allegations contained in this paragraph and on that
20
basis denies each and every such allegation.
21

22
Sony Pictures Entertainment Inc.
23

24
10. Answering Paragraph 10, Defendants lack sufficient knowledge or
25
information to admit or deny the allegations contained in this paragraph and on that
26
27 basis denies each and every such allegation.
28
4
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1

1 B. Defendants
2

3 11. Answering Paragraph 11, HEG admits that it is a Nevada limited
4 liability company with its mailing address located at 9107 Wilshire Blvd., Suite
5
450, Beverly Hills, California 90210. HEG admits that it does business under the
6

7 trade name “VIP Concierge Inc.” and that it sometimes acts as a ticket broker for
8 entertainment events. HEG admits that it has offered to sell and/or sold tickets via
9
its website, www.thevipconcierge.com. Except as expressly admitted hereinabove,
10

11 Defendants deny generally and specifically each and every remaining allegation in
12
paragraph 11.
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13
12. Answering Paragraph 12, Mr. Banaszewski admits that he resides in or
14

15 around Los Angeles County, California, and that he is an owner and managing
16
member of HEG. Except as expressly admitted hereinabove, Defendants deny
17
generally and specifically each and every remaining allegation in paragraph 12.
18

19 III.
20
PERSONAL JURISDICTION AND VENUE
21
13. Answering Paragraph 13, the paragraph characterizes the Plaintiffs
22

23 Complaint which speaks for itself, thus no response is required. To the extent that
24
a response is required, Defendants deny each and every allegation set forth in
25
paragraph 13.
26
27

28
5
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1

1 14. Answering Paragraph 14, Defendants deny generally and specifically
2
the allegations in paragraph 14.
3

4
15. Answering Paragraph 15, Defendants lack sufficient knowledge or

5 information to admit or deny the allegations contained in this paragraph and on that
6
basis denies each and every such allegation.
7

8
16. Answering Paragraph 16, Defendants lack sufficient knowledge or

9 information to admit or deny the allegations contained in this paragraph and on that
10
basis denies each and every such allegation.
11

12 17. Answering Paragraph 17, Defendants admit that (i) HEG has its
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13 principal place of business in the State of California and this judicial district; (ii)
14
Mr. Banaszewski is a resident in the State of California and this judicial district;
15

16 and (iii) Defendants conduct business within the State of California and this judicial

17 district. Except as expressly admitted hereinabove, Defendants deny generally and
18
specifically each and every remaining allegation in paragraph 17.
19
20 18. Answering Paragraph 18, Defendants admit that (i) HEG has its

21 principal place of business in the State of California and this judicial district; (ii)
22
Mr. Banaszewski is a resident in the State of California and this judicial district;
23

24 and (iii) Defendants conduct business within the State of California and this judicial
25 district. Except as expressly admitted hereinabove, Defendants deny generally and
26
specifically each and every remaining allegation in paragraph 18.
27

28
6
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1

1 IV.
2
ADDITIONAL FACTS COMMON TO ALL COUNTS
3

4
Disney Plaintiffs’ Private Events

5
19. Answering Paragraph 19, Defendants lack sufficient knowledge or
6

7 information to admit or deny the allegations contained in this paragraph and on that
8 basis denies each and every such allegation.
9

10 Disney Plaintiffs’ Private Events
11

12 20. Answering Paragraph 20, Defendants lack sufficient knowledge or
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13
information to admit or deny the allegations contained in this paragraph and on that
14
basis denies each and every such allegation.
15

16 21. Answering Paragraph 21, HEG admits that it offers for sale and sells
17
tickets to Hollywood events including some Disney events. Except as expressly
18
admitted hereinabove, Defendants deny generally and specifically each and every
19
20 remaining allegation in paragraph 21.
21

22 22. Answering Paragraph 22, Defendants admit selling tickets to this

23 event. Except as expressly admitted hereinabove, Defendants lack sufficient
24
knowledge or information to admit or deny the allegations contained in this
25

26 paragraph and on that basis denies each and every such allegation.
27

28
7
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1

1 23. Answering Paragraph 23, Defendants lack sufficient knowledge or
2
information to admit or deny the allegations contained in this paragraph and on that
3

4
basis denies each and every such allegation.

5 24. Defendants deny, generally and specifically, the allegations in
6
paragraph 24.
7

8
NBCUniversal Plaintiffs’ Private Events
9

10 25. Answering Paragraph 25, Defendants lack sufficient knowledge or
11
information to admit or deny the allegations contained in this paragraph and on that
12
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13 basis denies each and every such allegation.

14 26. Answering Paragraph 26, Defendants lack sufficient knowledge or
15
information to admit or deny the allegations contained in this paragraph and on that
16

17 basis denies each and every such allegation.

18 27. Answering Paragraph 27, Defendants lack sufficient knowledge or
19
information to admit or deny the allegations contained in this paragraph and on that
20

21 basis denies each and every such allegation.

22 28. Answering Paragraph 28, Defendants lack sufficient knowledge or
23
information to admit or deny the allegations contained in this paragraph and on that
24

25 basis denies each and every such allegation.
26
27

28
8
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1

1 29. Answering Paragraph 29, Defendants lack sufficient knowledge or
2
information to admit or deny the allegations contained in this paragraph and on that
3

4
basis denies each and every such allegation.

5
NBCUniversal Plaintiffs’ Host Private Television Show Tapings
6

7
30. Answering Paragraph 30, Defendants lack sufficient knowledge or
8

9
information to admit or deny the allegations contained in this paragraph and on that

10 basis denies each and every such allegation.
11
31. Answering Paragraph 31, Defendants lack sufficient knowledge or
12
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13 information to admit or deny the allegations contained in this paragraph and on that

14 basis denies each and every such allegation.
15
32. Answering Paragraph 32, Defendants lack sufficient knowledge or
16

17 information to admit or deny the allegations contained in this paragraph and on that

18 basis denies each and every such allegation.
19
33. Answering Paragraph 33, Defendants lack sufficient knowledge or
20

21 information to admit or deny the allegations contained in this paragraph and on that

22 basis denies each and every such allegation.
23
34. Answering Paragraph 34, Defendants lack sufficient knowledge or
24

25 information to admit or deny the allegations contained in this paragraph and on that
26 basis denies each and every such allegation.
27

28
9
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 10 of 63 Page ID #:392

1

1 35. Answering Paragraph 35, Defendants lack sufficient knowledge or
2
information to admit or deny the allegations contained in this paragraph and on that
3

4
basis denies each and every such allegation.

5 36. Answering Paragraph 36, Defendants lack sufficient knowledge or
6
information to admit or deny the allegations contained in this paragraph and on that
7

8
basis denies each and every such allegation.

9 37. Answering Paragraph 37, Defendants lack sufficient knowledge or
10
information to admit or deny the allegations contained in this paragraph and on that
11

12 basis denies each and every such allegation.
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13 38. Answering Paragraph 38, Defendants lack sufficient knowledge or
14
information to admit or deny the allegations contained in this paragraph and on that
15

16 basis denies each and every such allegation.

17
NBCUniversal Plaintiffs’ Private Events and Television Tapings Not
18

19 Yet Scheduled
20

21 39. The allegations in Paragraph 39 are legal conclusions to which no

22 response is required. To the extent that a response is required, Defendants deny
23
each and every such allegation.
24

25 40. Answering Paragraph 40, Defendants lack sufficient knowledge or
26 information to admit or deny the allegations contained in this paragraph and on that
27
basis denies each and every such allegation.
28
10
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1

1 41. Answering Paragraph 41, Defendants lack sufficient knowledge or
2
information to admit or deny the allegations contained in this paragraph and on that
3

4
basis denies each and every such allegation.

5 42. Answering Paragraph 42, no such paragraph exists in the Complaint.
6
43. Answering Paragraph 43, no such paragraph exists in the Complaint.
7

8
44. Defendants deny, generally and specifically, the allegations in

9 paragraph 44.
10

11 Warner Bros. Plaintiffs’ Private Movie Premiers
12
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13 45. Answering Paragraph 45, Defendants lack sufficient knowledge or

14 information to admit or deny the allegations contained in this paragraph and on that
15
basis denies each and every such allegation.
16

17 46. Answering Paragraph 46, Defendants lack sufficient knowledge or

18 information to admit or deny the allegations contained in this paragraph and on that
19
basis denies each and every such allegation.
20

21 47. Answering Paragraph 47, Defendants lack sufficient knowledge or

22 information to admit or deny the allegations contained in this paragraph and on that
23
basis denies each and every such allegation.
24

25 48. Answering Paragraph 48, Defendants lack sufficient knowledge or
26 information to admit or deny the allegations contained in this paragraph and on that
27
basis denies each and every such allegation.
28
11
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1

1 49. Answering Paragraph 49, Defendants lack sufficient knowledge or
2
information to admit or deny the allegations contained in this paragraph and on that
3

4
basis denies each and every such allegation.

5
Warner Bros. Host Private Television Show Tapings
6

7
50. Answering Paragraph 50, Defendants lack sufficient knowledge or
8

9
information to admit or deny the allegations contained in this paragraph and on that

10 basis denies each and every such allegation.
11
51. Answering Paragraph 51, Defendants lack sufficient knowledge or
12
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13 information to admit or deny the allegations contained in this paragraph and on that

14 basis denies each and every such allegation.
15
52. Answering Paragraph 52, Defendants lack sufficient knowledge or
16

17 information to admit or deny the allegations contained in this paragraph and on that

18 basis denies each and every such allegation.
19
53. Answering Paragraph 53, Defendants lack sufficient knowledge or
20

21 information to admit or deny the allegations contained in this paragraph and on that

22 basis denies each and every such allegation.
23
54. Answering Paragraph 54, Defendants lack sufficient knowledge or
24

25 information to admit or deny the allegations contained in this paragraph and on that
26 basis denies each and every such allegation.
27

28
12
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1

1 Warner Bros. Plaintiffs’ Private Events and Television Tapings Not Yet
2
Scheduled
3

4 55. The allegations in Paragraph 55 are legal conclusions to which no
5
response is required. To the extent that a response is required, Defendants deny
6

7 each and every such allegation.
8 56. Answering Paragraph 56, Defendants lack sufficient knowledge or
9
information to admit or deny the allegations contained in this paragraph and on that
10

11 basis denies each and every such allegation.
12
57. Answering Paragraph 57, Defendants lack sufficient knowledge or
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13
information to admit or deny the allegations contained in this paragraph and on that
14

15 basis denies each and every such allegation.
16
58. Defendants deny, generally and specifically, the allegations in
17
paragraph 58.
18

19
SPE Plaintiffs’ Private Movie Premiers
20

21
59. Answering Paragraph 59, Defendants lack sufficient knowledge or
22
information to admit or deny the allegations contained in this paragraph and on that
23

24 basis denies each and every such allegation.
25
60. Answering Paragraph 60, Defendants lack sufficient knowledge or
26
information to admit or deny the allegations contained in this paragraph and on that
27

28 basis denies each and every such allegation.
13
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1

1 61. Answering Paragraph 61, Defendants lack sufficient knowledge or
2
information to admit or deny the allegations contained in this paragraph and on that
3

4
basis denies each and every such allegation.

5 62. Answering Paragraph 62, Defendants lack sufficient knowledge or
6
information to admit or deny the allegations contained in this paragraph and on that
7

8
basis denies each and every such allegation.

9
SPE Plaintiffs’ Private Events and Television Tapings Not Yet
10

11 Scheduled
12
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13 63. The allegations in Paragraph 63 are legal conclusions to which no

14 response is required. To the extent that a response is required, Defendants deny
15
each and every such allegation.
16

17 64. Answering Paragraph 64, Defendants lack sufficient knowledge or

18 information to admit or deny the allegations contained in this paragraph and on that
19
basis denies each and every such allegation.
20

21 65. Defendants deny, generally and specifically, the allegations in

22 paragraph 65.
23

24 Defendants Use of Plaintiff’s Intellectual Property
25

26
27

28
14
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1

1 66. The allegations in Paragraph 66 are legal conclusions to which no
2
response is required. To the extent that a response is required, Defendants deny
3

4
each and every such allegation.

5
Disney’s Intellectual Property
6

7
67. Answering Paragraph 67, Defendants lack sufficient knowledge or
8

9
information to admit or deny the allegations contained in this paragraph and on that

10 basis denies each and every such allegation.
11
68. The allegations in Paragraph 68 are legal conclusions to which no
12
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13 response is required. To the extent that a response is required, Defendants deny

14 each and every such allegation.
15
69. Answering Paragraph 69, Defendants lack sufficient knowledge or
16

17 information to admit or deny the allegations contained in this paragraph and on that

18 basis denies each and every such allegation.
19
70. Answering Paragraph 70, Defendants lack sufficient knowledge or
20

21 information to admit or deny the allegations contained in this paragraph and on that

22 basis denies each and every such allegation.
23

24 NBCUniversal’s Intellectual Property
25

26
27

28
15
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1

1 71. Answering Paragraph 71, Defendants lack sufficient knowledge or
2
information to admit or deny the allegations contained in this paragraph and on that
3

4
basis denies each and every such allegation.

5 72. The allegations in Paragraph 72 are legal conclusions to which no
6
response is required. To the extent that a response is required, Defendants deny
7

8
each and every such allegation.

9 73. Answering Paragraph 73, Defendants lack sufficient knowledge or
10
information to admit or deny the allegations contained in this paragraph and on that
11

12 basis denies each and every such allegation.
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13 74. Answering Paragraph 74, Defendants lack sufficient knowledge or
14
information to admit or deny the allegations contained in this paragraph and on that
15

16 basis denies each and every such allegation.

17
Warner Bros. Intellectual Property
18

19
75. Answering Paragraph 75, Defendants lack sufficient knowledge or
20

21 information to admit or deny the allegations contained in this paragraph and on that

22 basis denies each and every such allegation.
23
76. The allegations in Paragraph 72 are legal conclusions to which no
24

25 response is required. To the extent that a response is required, Defendants deny
26 each and every such allegation.
27

28
16
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1

1 77. Answering Paragraph 77, Defendants lack sufficient knowledge or
2
information to admit or deny the allegations contained in this paragraph and on that
3

4
basis denies each and every such allegation.

5 78. Answering Paragraph 78, Defendants lack sufficient knowledge or
6
information to admit or deny the allegations contained in this paragraph and on that
7

8
basis denies each and every such allegation.

9
SPE’s Intellectual Property
10

11
79. Answering Paragraph 79, Defendants lack sufficient knowledge or
12
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13 information to admit or deny the allegations contained in this paragraph and on that

14 basis denies each and every such allegation.
15
80. The allegations in Paragraph 80 are legal conclusions to which no
16

17 response is required. To the extent that a response is required, Defendants deny

18 each and every such allegation.
19
80. Answering Paragraph 80(2), Defendants lack sufficient knowledge or
20

21 information to admit or deny the allegations contained in this paragraph and on that

22 basis denies each and every such allegation.
23
81. Answering Paragraph 81, Defendants lack sufficient knowledge or
24

25 information to admit or deny the allegations contained in this paragraph and on that
26 basis denies each and every such allegation.
27

28 Defendant’s Conduct
17
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1

1

2

3 82. The allegations in Paragraph 82 are legal conclusions to which no
4 response is required. To the extent that a response is required, Defendants deny
5
each and every such allegation.
6

7
Disney’s Demand
8

9 83. Defendants admit prior communications from Disney but Defendants
10
have insufficient information and knowledge upon with to admit or deny the
11

12 remaining allegations set forth in paragraph 82, and upon that basis, those
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13
allegations are denied, generally and specifically.
14
84. Defendants admit prior communications from LucasFilm but
15

16 Defendants have insufficient information and knowledge upon with to admit or
17
deny the remaining allegations set forth in paragraph 83, and upon that basis, those
18
allegations are denied, generally and specifically.
19
20 85. Answering Paragraph 85, Defendants lack sufficient knowledge or
21
information to admit or deny the allegations contained in this paragraph and on that
22
basis denies each and every such allegation.
23

24
NBCUniversal’s Demand
25

26
86. Defendants admit prior communications from NBCUniversal but
27
Defendants have insufficient information and knowledge upon with to admit or
28
18
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 19 of 63 Page ID #:401

1

1 deny the remaining allegations set forth in paragraph 86, and upon that basis, those
2
allegations are denied, generally and specifically.
3

4
87. Defendants admit prior communications from NBCUniversal but

5 Defendants have insufficient information and knowledge upon with to admit or
6
deny the remaining allegations set forth in paragraph 87, and upon that basis, those
7

8
allegations are denied, generally and specifically.

9 88. Defendants admit prior communications from NBCUniversal but
10
Defendants have insufficient information and knowledge upon with to admit or
11

12 deny the remaining allegations set forth in paragraph 87, and upon that basis, those
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13 allegations are denied, generally and specifically.
14
89. Defendants admit prior communications from NBCUniversal but
15

16 Defendants have insufficient information and knowledge upon with to admit or

17 deny the remaining allegations set forth in paragraph 88, and upon that basis, those
18
allegations are denied, generally and specifically.
19
20 90. Defendants admit prior communications from NBCUniversal but

21 Defendants have insufficient information and knowledge upon with to admit or
22
deny the remaining allegations set forth in paragraph 90, and upon that basis, those
23

24 allegations are denied, generally and specifically.
25
Warner Bros. Demand
26
27

28
19
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1

1 91. Defendants admit prior communications from Warner Bros. but
2
Defendants have insufficient information and knowledge upon with to admit or
3

4
deny the remaining allegations set forth in paragraph 91, and upon that basis, those

5 allegations are denied, generally and specifically.
6
92. Defendants admit prior communications from Warner Bros. but
7

8
Defendants have insufficient information and knowledge upon with to admit or

9 deny the remaining allegations set forth in paragraph 91, and upon that basis, those
10
allegations are denied, generally and specifically.
11

12
SPE’s Demand
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13

14 93. Defendants admit prior communications from SPE but Defendants
15
have insufficient information and knowledge upon with to admit or deny the
16

17 remaining allegations set forth in paragraph 86, and upon that basis, those

18 allegations are denied, generally and specifically.
19
94. Defendants admit prior communications from SPE but Defendants
20

21 have insufficient information and knowledge upon with to admit or deny the

22 remaining allegations set forth in paragraph 86, and upon that basis, those
23
allegations are denied, generally and specifically.
24

25 95. Defendants admit prior communications from SPE but Defendants
26 have insufficient information and knowledge upon with to admit or deny the
27

28
20
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 21 of 63 Page ID #:403

1

1 remaining allegations set forth in paragraph 86, and upon that basis, those
2
allegations are denied, generally and specifically.
3

4 Defendants’ Continued Behavior
5

6 96. Answering Paragraph 96, Defendants lack sufficient knowledge or
7
information to admit or deny the allegations contained in this paragraph and on that
8

9
basis denies each and every such allegation.

10
V.
11
CAUSES OF ACTION
12
COUNT I
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13
TRADEMARK INFRINGEMENT IN VIOLATION OF 15 U.S.C. §§ 1114
14 (Against All Defendants)
15 97. Defendants re-allege and incorporate by this reference, each of their
16
responses to paragraphs 1 through 96 of the Plaintiffs’ Complaint as though fully
17

18 set forth herein.

19 98. Answering Paragraph 98, Defendants lack sufficient knowledge or
20
information to admit or deny the allegations contained in this paragraph and on that
21

22 basis denies each and every such allegation.

23 99. Defendants deny, generally and specifically, the allegations in
24
paragraph 99.
25

26 100. Defendants deny, generally and specifically, the allegations in
27 paragraph 100.
28
21
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 22 of 63 Page ID #:404

1

1 101. Defendants deny, generally and specifically, the allegations in
2
paragraph 101.
3

4
102. Defendants deny, generally and specifically, the allegations in

5 paragraph 102.
6
103. Defendants deny, generally and specifically, the allegations in
7

8
paragraph 103.

9 104. Defendants deny, generally and specifically, the allegations in
10
paragraph 104.
11

12
COUNT II
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13 COPYRIGHT INFRINGEMENT IN VIOLATION OF 17 U.S.C. §§ 106, et
seq.
14
(Against All Defendants)
15

16 105. Defendants re-allege and incorporate by this reference, each of their
17
responses to paragraphs 1 through 104 of the Plaintiffs’ Complaint as though fully
18

19 set forth herein.

20 106. Defendants deny, generally and specifically, the allegations in
21
paragraph 106.
22

23 107. Defendants deny, generally and specifically, the allegations in

24 paragraph 107.
25
108. Defendants deny, generally and specifically, the allegations in
26
27 paragraph 108.
28
22
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 23 of 63 Page ID #:405

1

1 COUNT III
2
UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN VIOLATION OF
15 U.S.C. § 1125(a)(1)(A)
3

4
109. Defendants re-allege and incorporate by this reference, each of their

5 responses to paragraphs 1 through 108 of the Plaintiffs’ Complaint as though fully
6
set forth herein.
7

8
110. Defendants deny, generally and specifically, the allegations in

9 paragraph 110.
10
111. Defendants deny, generally and specifically, the allegations in
11

12 paragraph 111.
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13 112. Defendants deny, generally and specifically, the allegations in
14
paragraph 112.
15

16 113. Defendants deny, generally and specifically, the allegations in

17 paragraph 113.
18
114. Defendants deny, generally and specifically, the allegations in
19
20 paragraph 114.

21
COUNT IV
22
UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN
23 VIOLATION OF CAL. BUS. & PROF. CODE §§ 17200 AND 17500
(Against All Defendants)
24

25

26
27

28
23
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1

1 115. Defendants re-allege and incorporate by this reference, each of their
2
responses to paragraphs 1 through 114 of the Plaintiffs’ Complaint as though fully
3

4
set forth herein.

5 116. Defendants deny, generally and specifically, the allegations in
6
paragraph 116.
7

8
117. Defendants deny, generally and specifically, the allegations in

9 paragraph 117.
10
118. Defendants deny, generally and specifically, the allegations in
11

12 paragraph 118.
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13 119. Defendants deny, generally and specifically, the allegations in
14
paragraph 119.
15

16 120. Defendants deny, generally and specifically, the allegations in

17 paragraph 120.
18

19 COUNT V
INDUCEMENT OF TRESPASS
20
(Against All Defendants)
21

22 121. Defendants re-allege and incorporate by this reference, each of their
23
responses to paragraphs 1 through 120 of the Plaintiffs’ Complaint as though fully
24

25 set forth herein.
26
27

28
24
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 25 of 63 Page ID #:407

1

1 122. Answering Paragraph 122, Defendants lack sufficient knowledge or
2
information to admit or deny the allegations contained in this paragraph and on that
3

4
basis denies each and every such allegation.

5 123. Answering Paragraph 123, Defendants lack sufficient knowledge or
6
information to admit or deny the allegations contained in this paragraph and on that
7

8
basis denies each and every such allegation.

9 124. Defendants deny, generally and specifically, the allegations in
10
paragraph 124.
11

12 125. Defendants deny, generally and specifically, the allegations in
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13 paragraph 125.
14
126. Defendants deny, generally and specifically, the allegations in
15

16 paragraph 126.

17 127. Defendants deny, generally and specifically, the allegations in
18
paragraph 127.
19
20
ANSWER TO PRAYER FOR RELIEF
21
Answering paragraphs 1-11 of the prayer for relief, the Defendants deny that
22

23 Plaintiffs are entitled to the relief sought in these paragraphs, and denies that
24
Plaintiffs are entitled to any relief whatsoever.
25
AFFIRMATIVE DEFENSES
26
27

28
25
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 26 of 63 Page ID #:408

1

1 The Defendants plead the following separate and distinct affirmative defenses
2
without conceding that it bears the burden of proof as to any of these issues. The
3

4
Defendants reserve the right to assert additional affirmative defenses that discovery

5 indicates are proper.
6
FIRST AFFIRMATIVE DEFENSE
7

8 (Failure to State a Claim)

9 Plaintiffs’ Complaint, and each claim for relief alleged therein, fails to state a
10
claim upon which relief can be granted.
11

12 SECOND AFFIRMATIVE DEFENSE
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13 (Lack of Standing)
14
Plaintiffs’ Complaint, and each cause of action alleged therein, fails because
15

16 Plaintiffs lack standing to assert the purported claims set forth in the

17 Complaint.
18
THIRD AFFIRMATIVE DEFENSE
19
20 (Statute of Limitations)

21 Plaintiffs’ Complaint, and each claim for relief alleged therein, is barred by
22
such statutes of limitation as may be applicable, including, but not limited to,
23

24 17 U.S.C. § 507(b).
25 FOURTH AFFIRMATIVE DEFENSE
26
(Laches)
27

28
26
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 27 of 63 Page ID #:409

1

1 Plaintiffs’ Complaint, and each claim for relief alleged therein, is barred in
2
whole or in part by the doctrine of laches.
3

4
FIFTH AFFIRMATIVE DEFENSE

5 (Estoppel)
6
Plaintiffs’ Complaint, and each claim for relief alleged therein, is barred in
7

8
whole or in part by the doctrine of estoppel.

9 SIXTH AFFIRMATIVE DEFENSE
10
(Waiver)
11

12 Plaintiffs’ Complaint, and each cause of action alleged therein, is barred in
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13 whole or in part by the doctrine of waiver.
14
SEVENTH AFFIRMATIVE DEFENSE
15

16 (Unclean Hands)

17 Plaintiffs’ Complaint, and each claim for relief alleged therein, is barred in
18
whole or in part by the doctrine of unclean hands.
19
20 EIGHTH AFFIRMATIVE DEFENSE

21 (First Amendment)
22
Plaintiffs’ Complaint, and each claim for relief alleged therein, is barred by
23

24 the First Amendment to the United States Constitution.
25 NINTH AFFIRMATIVE DEFENSE
26
(Fair Use)
27

28
27
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 28 of 63 Page ID #:410

1

1 Plaintiffs’ Complaint, and each cause of action alleged therein, is barred
2
because the Defendants’ use of the subject material constitutes fair use.
3

4
TENTH AFFIRMATIVE DEFENSE

5 (Generic Mark)
6
Plaintiffs’ Complaint and each cause of action alleged therein, fails because
7

8
Plaintiffs’ mark is generic and descriptive and is not entitled to protection.

9 ELEVENTH AFFIRMATIVE DEFENSE
10
(Nominative Fair Use)
11

12 The Plaintiffs’ claims are barred by the doctrine of Nominative Fair Use.
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13 TWELVETH AFFIRMATIVE DEFENSE
14
(First Sale Doctrine)
15

16 The Plaintiffs’ claims are barred by the First Sale Doctrine.

17 THIRTEENTH AFFIRMATIVE DEFENSE
18
(Lack of Confusion)
19
20 The Plaintiffs’ claims under or relating to the Lanham Act are barred because

21 consumer confusion could not have arisen, as the goods allegedly sold by
22
Defendants were genuine products of the Plaintiffs.
23

24 FOURTEENTH AFFIRMATIVE DEFENSE
25 (Copyright Misuse)
26
The Plaintiffs’ claims are barred by the doctrine of copyright misuse.
27

28 FIFTHTEENTH AFFIRMATIVE DEFENSE
28
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 29 of 63 Page ID #:411

1

1 (Invalidity/Unenforceability)
2
The Plaintiffs’ claims are barred because the Academy’s alleged trademarks
3

4
and copyrights are invalid and/or unenforceable.

5 SIXTEENTH AFFIRMATIVE DEFENSE
6
(Safe Harbor)
7

8
The Plaintiffs’ claims are barred under the Digital Millennium Copyright Act,

9 17 USC § 512.
10
SEVENTEENTH AFFIRMATIVE DEFENSE
11

12 (Acquiescence)
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13 The Plaintiffs’ claims are barred due to its own acquiescence in any actions
14
taken by Defendants.
15

16 EIGHTEENTH AFFIRMATIVE DEFENSE

17 (De Minimus Use)
18
Plaintiffs’ Complaint, and each cause of action alleged therein, is barred in
19
20 whole or in part because the Defendants’ use of the subject material was de

21 minimus.
22
NINETEENTH AFFIRMATIVE DEFENSE
23

24 (Innocent Infringement)
25 As to each and all claims for relief based upon the Defendants’ alleged
26
infringement of alleged copyrights owned by Plaintiffs, Plaintiffs are barred
27

28 from recovering damages arising from such alleged infringement, or such
29
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 30 of 63 Page ID #:412

1

1 damages should be reduced, because any infringement by the Defendants
2
was innocent, and without notice or knowledge of Plaintiffs’ purported
3

4
rights.

5 TWENTIETH AFFIRMATIVE DEFENSE
6
(No Waiver of Any Affirmative Defenses)
7

8
The Defendants’ assertion of specific affirmative defenses herein does not

9 constitute a waiver of any other affirmative defenses not asserted herein, and
10
the Defendants reserves the right to assert any applicable affirmative
11

12 defenses disclosed by its investigation and discovery in this matter.
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13 ///
14
///
15

16 ///

17 ///
18
///
19
20 ///

21 ///
22
///
23

24 ///
25 ///
26
///
27

28 ///
30
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 31 of 63 Page ID #:413

1

1 WHEREFORE, the Defendants pray for relief as follows:
2
1. That the Complaint be dismissed, with prejudice and in its entirety;
3

4
2. That Plaintiffs take nothing by reason of this Complaint and that

5 judgment be entered against Plaintiffs and in favor of the Defendants;
6
3. That the Defendants be awarded attorneys’ fees and costs incurred in
7

8
defending this action, to the extent permitted by law; and

9 4. That the Defendants be granted such other and further relief as the Court may
10
deem just and proper.
11

12
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13 Dated: February 27, 2017 WEX LAW
14

15

16

17 By: __________________________
Michael K. Cernyar
18 Attorneys for Defendants
19 HOLLYWOOD ENTERTAINMENT
GROUP LLC, d/b/a VIP Concierge,
20 Inc. and CRAIG BANASZEWSKI
21

22

23

24

25

26
27

28
31
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 32 of 63 Page ID #:414

1

1 COUNTER-CLAIMS
2
1. For their counterclaims against Plaintiffs and Counter-Defendants Disney
3

4
Enterprises, Inc, Lucasfilm Ltd, Llc, Lucasfilm Entertainment Company

5 LLC, Marvel Characters, Inc., MVL Film Finance LLC, NBCUniversal
6
Media, LLC, Universal City Studios LLC, Warner Bros. Entertainment Inc.,
7

8
And Sony Pictures Entertainment Inc (collectively, “Plaintiffs” or “Counter-

9 Defendants”) and Defendants and Counter-Claimants Hollywood
10
Entertainment Group LLC (“HEG”) and Craig Banaszewski (“Mr.
11

12 Banaszewski) (collectively “Defendants” or “Counter-Claimants”) alleges as
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13 follows:
14
PARTIES
15

16 2. Counter-Claimant HEG admits that it is a Nevada limited liability company

17 with its mailing address located at 9107 Wilshire Blvd., Suite 450, Beverly
18
Hills, California 90210. HEG admits that it does business under the trade
19
20 name “VIP Concierge Inc.”

21 3. Counter-Claimant Mr. Banaszewski admits that he resides in or around Los
22
Angeles County, California, and that he is an owner and managing member
23

24 of HEG.
25 4. Counter-Defendants and their agents do business in the United States.
26
5. The true names and capacities of Counter-Defendants Roes 1 through 25,
27

28 inclusive, are unknown to Counter-Claimants. Counter-Claimants therefor
32
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1

1 sues these Counter-Defendants by such fictitious names. Counter-Claimants
2
will appropriately seek leave of the Court to amend these Counter-Claims to
3

4
show the true names and capacities of such Counter-Defendants when that

5 information has been ascertained.
6
JURISDICTION
7

8
6. This Court has jurisdiction over these counterclaims pursuant to 28 U.S.C. §§

9 1331 and 1332.
10
VENUE
11

12 7. Venue is proper in the Central District because Counter-Defendants brought
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13 this lawsuit against Counter-Claimants in the Central District and because
14
Counter-Defendants and their agents do business in and/or may be found in
15

16 the Central District.

17 FACTS
18
8. The Counter-Claimants have been selling tickets for many years to various
19
20 events and have been selling tickets online thru VIP Concierge since 2007 at

21 www.TheVIPConcierge.com (“VIP Website”).
22
9. The Counter-Claimants operate legally in the State of California as a ticket
23

24 broker. The Counter-Claimants purchase tickets from those holding tickets
25 to various events (including Hollywood events) but don’t wish to attend or
26
cannot attend the event or just want to cash in on the tickets. The Counter-
27

28 Claimants then resell the tickets through VIP Concierge.
33
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1

1 10.Counter-claimants are informed and believe that the typical ticket holder that
2
sells tickets to the Counter-Claimants are executives, officers, employees,
3

4
agents, representatives and guests of the studios, distribution companies,

5 production companies, and talent tied to the event.
6
11.The Counter-Claimants are informed and believe that any restrictions on the
7

8
tickets were not a condition of those initially receiving the tickets.

9 12.There is no privity of contract between Counter-Claimants and Counter-
10
Defendants so any conditions would not apply to Counter-Claimants.
11

12 13.Each page of the VIP Website, contains the disclaimer: “** Please note that
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13 we have no official affiliation with any motion picture, awards show,
14
television show, or film festivals, producers or distributors.”
15

16 14.The Counter-Claimants are informed and believe that this is no California

17 statute that prevents them from selling the tickets mentioned in the
18
Complaint.
19
20 15. Counter-Claimants are informed and believe that the Plaintiffs have not

21 pursued any legal action with Counter-Claimants’ competitors.
22
16. Counter-Claimants are informed and believe that the Plaintiffs have not
23

24 pursued any legal action with those who initially were provided tickets.
25 17.Counter-Claimants are informed and believe that Counter-Defendants have
26
movie premieres to “hype” (market) their latest movie release.
27

28
34
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1

1 18.Counter-Claimants are informed and believe that Counter-Defendants release
2
the date, time and location of the movie premiere to the general public for the
3

4
purpose of having the public near and/or on the location at the specific date

5 and time mentioned.
6
PRIVATE ENTERTAINMENT EVENTS
7

8
19.Counter-Claimants are informed and believe that Counter-Defendants for

9 private gatherings / events / showings / premieres will typically use a theatre
10
/ studio / sound stage on the studio lot. The studio lots have secured
11

12 entrances for the purpose of denying access to the general public. Generally,
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13 the date, time & location of the event are not published to the general public.
14
GENERAL PUBLIC AT MOVIE PREMIERES /TV SHOWS
15

16 20. Counter-Claimants are informed and believe that Counter-Defendants’

17 guests come from all types of backgrounds from sweepstakes winners,
18
auction winners, production crew, sponsors, public relations people,
19
20 marketing people, studio executives, studio employees, and friends of any the

21 aforementioned in this paragraph.
22
21. Counter-Claimants are informed and believe that Counter-Defendants have
23

24 competition winners from radio contests, auctions, sweepstakes contests,
25 social media contests, etc., in which the Counter-Defendants have open to the
26
public and typically anyone associated with the film/television show is not
27

28 qualified to win.
35
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1

1 22.Counter-Claimants are informed and believe that the general public is invited
2
to attend movie premieres and television showings through various credit
3

4
card promotions for a fee.

5 23.Counter-Claimants are informed and believe that the general public is invited
6
to attend movie premieres and televisions showings through various airline
7

8
points promotions and credit card points promotions.

9 VALUE OF PRIZE TICKETS TO GENERAL PUBLIC
10
24.Counter-Claimants are informed and believe that the competitions have
11

12 assigned a value in terms of a dollar amount to the premiere prize. The value
WEX LAW

13 is actually referred to “Actual Retail Value” or “ARV” which reflects the
14
actual value of the premiere tickets. If the ARV cannot be accurately
15

16 ascertained then there is an “Estimated Retail Value” or “ERV” assigned to

17 the prize.
18
25. Counter-Claimants are informed and believe that Counter-Defendants that
19
20 the typical competition includes round trip airfare, hotel accommodations,

21 ground transportation and attendance at the movie premiere / television show
22
for two people. Although the winners typically receive the same
23

24 arrangements the ARV for such prizes are variable and can range from
25 $2,500 to $12,500 with children films and televisions shows being on the
26
low-end while the sexier adult films being higher in value. So it appears that
27

28
36
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 37 of 63 Page ID #:419

1

1 there is a market value for premiere tickets with the Counter-Defendants
2
and/or their sponsors setting the price.
3

4
COMPANIES EARNING FEES FOR TICKETS

5 26.Counter-Claimants are informed and believe that Counter-Defendants give
6
away or sell tickets to alleged charities in which the charities then auction off
7

8
the tickets to the general public. The company running the charity auction

9 will earn at least a 20% fee of the auction price.
10
27. Counter-Claimants are informed and believe that Counter-Defendants open
11

12 many of the premieres and special events to the public at various fees.
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13 FIRST CAUSE OF ACTION
14
For Violation of Sherman Act, Section 1
15

16 Against All Defendants

17 28.Counter-Claimants repeat, re-allege and incorporates by reference paragraphs
18
1-27 as though fully set forth herein.
19
20 29.Counter-Defendants are engaged in intrastate commerce and produces,

21 distributes, markets and sells film and television media for entertainment
22
purposes throughout the United States. This activity represents a regular,
23

24 continuous and substantial flow of intrastate commerce and, therefore, has a
25 substantial effect on intrastate commerce in California and the United States.
26
30.Counter-Claimants are informed and believe and thereon alleges that, at all
27

28 times mentioned, Counter-Defendants ROE 1 through ROE 25 were agents
37
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1

1 of each other and of the named Counter-Defendants and, in doing the things
2
alleged in the Complaint, were acting in the scope of such agency and with
3

4
the permission and consent of the Counter-Defendants.

5 31. This lawsuit is filed within the four years statute of limitations period as
6
described in 15 USC § 15b.
7

8
32.Beginning at a time currently unknown to Counter-Claimants, and continuing

9 to the present, Counter-Defendants have entered into and engaged in a
10
continuing unlawful combination and conspiracy in an unreasonable restraint
11

12 of trade or commerce in violation of the Sherman Act, Section 1.
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13 33.These violations of the Sherman Act, Section 1, consisted without limitation,
14
of a continuing combination of trust, agreement, understanding and concert
15

16 of action among the Counter-Defendants, including to but not limited to,

17 purchasers concerning the sale and marketing of their events in California.
18
34.In April, 2016, Counter-Defendants Disney denied entrance to Radio Disney
19
20 Music Awards to the Counter-Claimants’ clients for entrance on the Red

21 Carpet. The clients were alleged in the Complaint to have paid $3,600 for
22
the event.
23

24 35.The Radio Disney Music Awards is open to the general public. Stub Hub,
25 Microsoft Theatre, Radio.Disney.com, Cheaptickets.com, Ticketmaster and
26
scores of other websites offer tickets to the Radio Disney Music Awards.
27

28 Accordingly, Counter-Claimants are a competitor of Disney and competes
38
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 39 of 63 Page ID #:421

1

1 with Disney in regard to distribution and sales of tickets to the Radio Disney
2
Music Awards.
3

4
36. Counter-Defendant NBCUniversal is seeking to enjoin Counter-Claimants

5 from selling tickets to the Tonight Show and to the Saturday Night Live
6
Show, along with tickets to several movie premieres.
7

8
37.Counter-Defendant Warner Bros is seeking to enjoin Counter-Claimants

9 from selling tickets to several television shows such as Ellen, the Big Bang
10
Theory, etc.
11

12 38.Counter-Claimants are informed and believe that in April 2014, Counter-
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13 Defendant Warner Bros denied entrance to a Counter-Claimant client who
14
had purchased two tickets for the Transcendence film premiere at the cost of
15

16 $5,000.

17 39.In March 2015, Counter-Defendant Lucasfilm demanded that the Counter-
18
Claimants stop offering the sale of tickets to its movie premiere and after
19
20 party for the latest Star Wars movie.

21 40.Counter-Defendant Sony Pictures Entertainment is seeking to enjoin
22
Counter-Claimants from selling tickets to their television shows, along with
23

24 tickets to several movie premieres.
25 41.All Counter-Defendants have demanded that the Counter-Claimants stop
26
selling tickets to their events. Counter-Defendants attempt to monopolize the
27

28
39
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 40 of 63 Page ID #:422

1

1 distribution of tickets to their events restrains and directly affects Counter-
2
Claimants ability to compete in the marketplace.
3

4
42.Counter-Claimants believe are informed and believe that the Counter-

5 Defendants have not filed a law suit against the Counter-Claimants’
6
competitors to enjoin them from selling the same items.
7

8
43. The reduction of Counter-Claimants from the marketplace will reduce

9 competition thus driving up the prices of tickets to the consumers.
10
44. As mentioned in the Complaint, and as the Counter-Claimants are informed
11

12 and believe that the tickets to many of these events are provided to an elite
WEX LAW

13 group of invited guests, which includes studio executives, officers,
14
employees, agents, representatives, talent and production team members of
15

16 the studios, distribution companies, and/or production companies, thus the

17 Counter-Claimants are direct purchasers of the products or services sold by
18
the conspirators or their employees, agents or representatives.
19
20 45.Counter-Claimants are informed and believe that the Counter-Defendants

21 have done minimal at best to prevent the studio executives, officers,
22
employees, agents, representatives, talent and production team members of
23

24 the studios, distribution companies, and/or production companies from
25 selling their tickets.
26
46.Counter-Claimants are informed and believe that and therefore alleges that
27

28 each of the Counter-Defendants are negligently responsible in some manner
40
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1

1 for the injuries and damages herein referred to, and thereby the approximate
2
caused injuries and damages to Counter-Claimants, as herein alleged.
3

4
47.Counter-Claimants are informed and believe that there are no state or federal

5 statutes and/or regulations to prevent them from selling tickets to the events
6
that the Counter-Defendants are attempting to enjoin Counter-Claimants
7

8
from selling.

9 48.Entry of new competitors or expansion of the market will not be timely,
10
likely, or sufficient to undo the competitive harm that has resulted and will to
11

12 continue to result from the Counter-Defendants restraining activity and
WEX LAW

13 attempt to monopolize the market.
14
49.Any efficiency resulting from the Counter-Defendants’ commercially
15

16 restraining active, attempt to monopolize is insufficient to offset the anti-

17 competitive effects of the Counter-Defendants’ conduct.
18
50.If Counter-Defendants restraining activity, attempt to monopolize is allowed
19
20 to continue unabated, it will likely have the following effects:

21 a. Competition in the relevant product and geographic markets will be
22
eliminated or substantially lessened.
23

24 b. Actual and future competition between Counter-Claimants and
25 Counter-Defendants and between these companies in the sale and
26
support in the relevant geographic markets will be eliminated or
27

28 substantially lessened.
41
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1

1 c. Prices for the relevant product in the relevant markets will likely
2
increase to levels above those that would prevail absent Counter-
3

4
Defendants’ commercially restraining active, attempt to monopolize

5 the market.
6
d. Consumers will continue to pay taxes on overinflated sweepstakes
7

8
values or will overpay in an auction to attend the events.

9 51.As a result of the Counter-Defendants’ behavior, the Counter-Claimants have
10
been harmed and have suffered actual damages and therefore are seeking
11

12 monetary, compensatory, exemplary (amount to be in accordance with anti-
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13 trust law), expert fees and reasonable attorney fees. In addition, an
14
injunction enjoining, preliminary and permanently, Counter-Defendants from
15

16 continuing the unlawful combination and conspiracy alleged in this

17 complaint.
18
SECOND CAUSE OF ACTION
19
20 For Violation of Sherman Act, Section 2

21 Against All Defendants
22
52.Counter-Claimants repeat, re-allege and incorporates by reference paragraphs
23

24 1-51 as though fully set forth herein.
25 53. This lawsuit is filed within the four years statute of limitations period as
26
described in 15 USC § 15b.
27

28
42
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1

1 54.Beginning at a time currently unknown to Counter-Claimants, and continuing
2
to the present, Counter-Defendants have entered into and engaged in a
3

4
continuing unlawful combination and conspiracy in an unreasonable restraint

5 of trade or commerce in violation of the Sherman Act, Section 2.
6
55.These violations of the Sherman Act, Section 2, consisted without limitation,
7

8
of a continuing combination of trust, agreement, understanding and concert

9 of action among the Counter-Defendants, including to but not limited to,
10
purchasers concerning the sale and marketing of their events in California.
11

12 56.Counter-Claimants are informed and believe and thereon alleges that, at all
WEX LAW

13 times mentioned, Counter-Defendants ROE 1 through ROE 25 were agents
14
of each other and of the named Counter-Defendants and, in doing the things
15

16 alleged in the Complaint, were acting in the scope of such agency and with

17 the permission and consent of the Counter-Defendants.
18
57.Counter-Defendants are engaged in intrastate commerce and produces,
19
20 distributes, markets and sells film and television media for entertainment

21 purposes throughout the United States. This activity represents a regular,
22
continuous and substantial flow of intrastate commerce and, therefore, has a
23

24 substantial effect on intrastate commerce in California and the United States.
25 58.In April, 2016, Counter-Defendants Disney denied entrance to Radio Disney
26
Music Awards to the Counter-Claimants’ clients for entrance on the Red
27

28
43
Case 2:16-cv-09432-JFW-MRW Document 19 Filed 02/27/17 Page 44 of 63 Page ID #:426

1

1 Carpet. The clients were alleged in the Complaint to have paid $3,600 for
2
the event.
3

4
59.The Radio Disney Music Awards is open to the general public. Stub Hub,

5 Microsoft Theatre, Radio.Disney.com, Cheaptickets.com, Ticketmaster and
6
scores of other websites offer tickets to the Radio Disney Music Awards.
7

8
60. Counter-Defendant NBCUniversal is seeking to enjoin Counter-Claimants

9 from selling tickets to the Tonight Show and to the Saturday Night Live
10
Show, along with tickets to several movie premieres.
11

12 61.Counter-Defendant Warner Bros is seeking to enjoin Counter-Claimants
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13 from selling tickets to several television shows such as Ellen, the Big Bang
14
Theory, etc.
15

16 62.Counter-Claimants are informed and believe that in April 2014, Counter-

17 Defendant Warner Bros denied entrance to a Counter-Claimant client who
18
had purchased two tickets for the Transcendence film premiere at the cost of
19
20 $5,000.

21 63.In March 2015, Counter-Defendant Lucasfilm demanded that the Counter-
22
Claimants stop offering the sale of tickets to its movie premiere and after
23

24 party for the latest Star Wars movie.
25 64.Counter-Defendant Sony Pictures Entertainment is seeking to enjoin
26
Counter-Claimants from selling tickets to their television shows, along with
27

28 tickets to several movie premieres.
44
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1

1 65.All Counter-Defendants have demanded that the Counter-Claimants stop
2
selling tickets to their events. Counter-Defendants attempt to monopolize the
3

4
distribution of tickets to their events restrains and directly affects Counter-

5 Claimants ability to compete in the marketplace.
6
66.Counter-Claimants believe are informed that none of their other competitors
7

8
have a lawsuit filed against the competitor to enjoin them from selling the

9 same items.
10
67. The reduction of Counter-Claimants from the marketplace will reduce
11

12 competition thus driving up the prices of tickets to the consumers.
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13 68. As mentioned in the Complaint, and as the Counter-Claimants are informed
14
and believe that the tickets to many of these events are provided to an elite
15

16 group of invited guests, which includes studio executives, officers,

17 employees, agents, representatives, talent and production team members of
18
the studios, distribution companies, and/or production companies, thus the
19
20 Counter-Claimants are direct purchasers of the products or services sold by

21 the conspirators or their employees, agents or representatives.
22
69.Counter-Claimants are informed and believe that the Counter-Defendants
23

24 have done minimal at best to prevent the studio executives, officers,
25 employees, agents, representatives, talent and production team members of
26
the studios, distribution companies, and/or production companies from
27

28 selling their tickets.
45
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1

1 70.Counter-Claimants are informed and believe that and therefore alleges that
2
each of the Counter-Defendants is negligently responsible in some manner
3

4
for the injuries and damages herein referred to, and thereby the approximate

5 caused injuries and damages to Counter-Claimants, as herein alleged.
6
71.Counter-Claimants are informed and believe that there are no state or federal
7

8
statutes and/or regulations to prevent them from selling tickets to the events

9 that the Counter-Defendants are attempting to enjoin Counter-Claimants
10
from selling.
11

12 72.Entry of new competitors or expansion of the market will not be timely,
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13 likely, or sufficient to undo the competitive harm that has resulted and will to
14
continue to result from the Counter-Defendants restraining activity and
15

16 attempt to monopolize the market.

17 73.Any efficiency resulting from the Counter-Defendants’ commercially
18
restraining active, attempt to monopolize is insufficient to offset the anti-
19
20 competitive effects of the Counter-Defendants’ conduct.

21 74.If Counter-Defendants restraining activity, attempt to monopolize is allowed
22
to continue unabated, it will likely have the following effects:
23

24 a. Competition in the relevant product and geographic markets will be
25 eliminated or substantially lessened.
26
b. Actual and future competition between Counter-Claimants and
27

28 Counter-Defendants and between these companies in the sale and
46
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1

1 support in the relevant geographic markets will be eliminated or
2
substantially lessened.
3

4
c. Prices for the relevant product in the relevant markets will likely

5 increase to levels above those that would prevail absent Counter-
6
Defendants’ commercially restraining active, attempt to monopolize
7

8
the market.

9 d. Consumers will continue to pay taxes on overinflated sweepstakes
10
values or will overpay in an auction to attend the events.
11

12 75.As a result of the Counter-Defendants’ behavior, the Counter-Claimants have
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13 been harmed and have suffered actual damages and therefore are seeking
14
monetary, compensatory, exemplary (amount to be in accordance with anti-
15

16 trust law), expert fees and reasonable attorney fees. In addition, an

17 injunction enjoining, preliminary and permanently, Counter-Defendants from
18
continuing the unlawful combination and conspiracy alleged in this
19
20 complaint.

21 THIRD CAUSE OF ACTION
22
For Violation of the Cartwright Act Bus. & Prof. Code §§ 16720, et seq.
23

24 Against All Defendants
25 76.Counter-Claimants repeat, re-allege and incorporates by reference paragraphs
26
1-75 as though fully set forth herein.
27

28
47
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1

1 77.Counter-Defendants are engaged in intrastate commerce and produces,
2
distributes, markets and sells film and television media for entertainment
3

4
purposes throughout the United States. This activity represents a regular,

5 continuous and substantial flow of intrastate commerce and, therefore, has a
6
substantial effect on intrastate commerce in California and the United States.
7

8
78.Beginning at a time currently unknown to Counter-Claimants, and continuing

9 to the present, Counter-Defendants have entered into and engaged in a
10
continuing unlawful combination and conspiracy in an unreasonable restraint
11

12 of trade or commerce in violation of California Business and Profession
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13 Code § 16720.
14
79.These violations of California Business and Profession Code § 16720,
15

16 consisted without limitation, of a continuing combination of trust, agreement,

17 understanding and concert of action among the Counter-Defendants,
18
including to but not limited to, purchasers concerning the sale and marketing
19
20 of their events in California.

21 80.Counter-Claimants are informed and believe and thereon alleges that, at all
22
times mentioned, Counter-Defendants ROE 1 through ROE 25 were agents
23

24 of each other and of the named Counter-Defendants and, in doing the things
25 alleged in the Complaint, were acting in the scope of such agency and with
26
the permission and consent of the Counter-Defendants.
27

28
48
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1

1 81.In April, 2016, Counter-Defendants Disney denied entrance to Radio Disney
2
Music Awards to the Counter-Claimants’ clients for entrance on the Red
3

4
Carpet. The clients were alleged in the Complaint to have paid $3,600 for

5 the event.
6
82.The Radio Disney Music Awards is open to the general public. Stub Hub,
7

8
Microsoft Theatre, Radio.Disney.com, Cheaptickets.com, Ticketmaster and

9 scores of other websites offer tickets to the Radio Disney Music Awards.
10
Accordingly, Counter-Claimants are a competitor of Disney and competes
11

12 with Disney in regard to distribution and sales of tickets to the Radio Disney
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13 Music Awards.
14
83. Counter-Defendant NBCUniversal is seeking to enjoin Counter-Claimants
15

16 from selling tickets to the Tonight Show and to the Saturday Night Live

17 Show, along with tickets to several movie premieres.
18
84.Counter-Defendant Warner Bros is seeking to enjoin Counter-Claimants
19
20 from selling tickets to several television shows such as Ellen, the Big Bang

21 Theory, etc.
22
85.Counter-Claimants are informed and believe that in April 2014, Counter-
23

24 Defendant Warner Bros denied entrance to a Counter-Claimant client who
25 had purchased two tickets for the Transcendence film premiere at the cost of
26
$5,000.
27

28
49
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1

1 86.In March 2015, Counter-Defendant Lucasfilm demanded that the Counter-
2
Claimants stop offering the sale of tickets to its movie premiere and after
3

4
party for the latest Star Wars movie.

5 87.Counter-Defendant Sony Pictures Entertainment is seeking to enjoin
6
Counter-Claimants from selling tickets to their television shows, along with
7

8
tickets to several movie premieres.

9 88.All Counter-Defendants have demanded that the Counter-Claimants stop
10
selling tickets to their events. Counter-Defendants attempt to monopolize the
11

12 distribution of tickets to their events restrains and directly affects Counter-
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13 Claimants ability to compete in the marketplace.
14
89.Counter-Claimants believe are informed that none of their other competitors
15

16 have a lawsuit filed against the competitor to enjoin them from selling the

17 same items.
18
90. The reduction of Counter-Claimants from the marketplace will reduce
19
20 competition thus driving up the prices of tickets to the consumers.

21 91. As mentioned in the Complaint, and as the Counter-Claimants are informed
22
and believe that the tickets to many of these events are provided to an elite
23

24 group of invited guests, which includes studio executives, officers,
25 employees, agents, representatives, talent and production team members of
26
the studios, distribution companies, and/or production companies, thus the
27

28
50
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1

1 Counter-Claimants are direct purchasers of the products or services sold by
2
the conspirators or their employees, agents or representatives.
3

4
92.Counter-Claimants are informed and believe that the Counter-Defendants

5 have done nothing to prevent the studio executives, officers, employees,
6
agents, representatives, talent and production team members of the studios,
7

8
distribution companies, and/or production companies from selling their

9 tickets.
10
93.Counter-Claimants are informed and believe that and therefore alleges that
11

12 each of the Counter-Defendants is negligently responsible in some manner
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13 for the injuries and damages herein referred to, and thereby the approximate
14
caused injuries and damages to Counter-Claimants, as herein alleged.
15

16 94.Counter-Claimants are informed and believe that there are no state or federal

17 statutes and/or regulations to prevent them from selling tickets to the events
18
that the Counter-Defendants are attempting to enjoin Counter-Claimants
19
20 from selling.

21 95.Entry of new competitors or expansion of the market will not be timely,
22
likely, or sufficient to undo the competitive harm that has resulted and will to
23

24 continue to result from the Counter-Defendants restraining activity and
25 attempt to monopolize the market.
26
27

28
51
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1

1 96.Any efficiency resulting from the Counter-Defendants’ commercially
2
restraining active, attempt to monopolize is insufficient to offset the anti-
3

4
competitive effects of the Counter-Defendants’ conduct.

5 97.If Counter-Defendants restraining activity, attempt to monopolize is allowed
6
to continue unabated, it will likely have the following effects:
7

8
a. Competition in the relevant product and geographic markets will be

9 eliminated or substantially lessened.
10
b. Actual and future competition between Counter-Claimants and
11

12 Counter-Defendants and between these companies in the sale and
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13 support in the relevant geographic markets will be eliminated or
14
substantially lessened.
15

16 c. Prices for the relevant product in the relevant markets will likely

17 increase to levels above those that would prevail absent Counter-
18
Defendants’ commercially restraining active, attempt to monopolize
19
20 the market.

21 d. Consumers will continue to pay taxes on overinflated sweepstakes
22
values or will overpay in an auction to attend the events.
23

24 98.As a result of the Counter-Defendants’ behavior, the Counter-Claimants have
25 been harmed and have suffered actual damages and therefore are seeking
26
monetary, compensatory, exemplary (amount to be in accordance with anti-
27

28 trust law), expert fees and reasonable attorney fees. In addition, an
52
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1

1 injunction enjoining, preliminary and permanently, Counter-Defendants from
2
continuing the unlawful combination and conspiracy alleged in this
3

4
complaint.

5 FOURTH CAUSE OF ACTION
6
For Violation of Business and Professions Code §§ 17000, 17040, et seq.
7

8 Against All Defendants

9 99.Counter-Claimants hereby incorporate by reference paragraphs 1-98 herein,
10
as though alleged fully in this Cause of Action.
11

12 100. As described above, Counter-Defendants have and continue to engage
WEX LAW

13 in a deliberate campaign to severely damage the Counter-Claimants business
14
value by other things, to engage in the distribution of an article of general use
15

16 with the intent to destroy the competition of a regular established dealer in

17 the secondary market of the distribution of or to prevent the competition of
18
the Counter-Claimants who in good faith, intends and attempts to become
19
20 such dealer.

21 101. Counter-Claimants are informed and believe and thereon alleges that,
22
at all times mentioned, Counter-Defendants ROE 1 through ROE 25 were
23

24 agents of each other and of the named Counter-Defendants and, in doing the
25 things alleged in the Complaint, were acting in the scope of such agency and
26
with the permission and consent of the Counter-Defendants.
27

28
53
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1

1 102. Counter-Claimants are regular established dealers in a legal market for
2
the selling of tickets to events of general interest and have been in such
3

4
market for more than 10 years in good faith.

5 103. Counter-Claimants have been contacted numerous times by the
6
Counter-Defendants before and since the filing of the Complaint in attempts
7

8
to prevent Counter-Claimants from competing in the marketplace or to

9 destroy the Counter-Claimants business.
10
104. Counter-Defendants have not pursued the Counter-Defendants’
11

12 competitors, thus allowing the competitors to continue business as usual.
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13 105. Counter-Defendants have denied Counter-Claimants’ customers
14
access to events in which Counter-Claimants’ customers have paid in good
15

16 faith, but the Counter-Defendants’ have allowed others from the general

17 public to participate in the events.
18
106. Counter-Defendants through their agents, employees, representatives
19
20 or other entities have removed various web pages from the VIP website in

21 destroying and/or preventing the Counter-Claimants from competing in the
22
marketplace.
23

24 107. As a result of the Counter-Defendants’ behavior, the Counter-
25 Claimants have been harmed and have suffered actual damages and therefore
26
are seeking monetary, compensatory, exemplary, in addition to other relief to
27

28 be proven at trial.
54
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1

1 FIFTH CAUSE OF ACTION
2
For Violation of Business and Professions Code §§ 17200, et seq.
3

4
Against All Defendants

5 108. Counter-Claimants hereby incorporate by reference paragraphs 1-107
6
herein, as though alleged fully in this Cause of Action.
7

8
109. Counter-Claimants are informed and believe and thereon alleges that

9 each of the Counter-Defendants are negligently responsible in some manner
10
for the events and happenings herein referred to, and thereby the proximately
11

12 caused injuries and damages to the Counter-Claimants.
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13 110. Counter-Claimants are informed and believe and thereon alleges that,
14
at all times mentioned, Counter-Defendants ROE 1 through ROE 25 were
15

16 agents of each other and of the named Counter-Defendants and, in doing the

17 things alleged in the Complaint, were acting in the scope of such agency and
18
with the permission and consent of the Counter-Defendants.
19
20 111. The Court has jurisdiction over this action pursuant to Business and

21 Professions Code § 17200 et seq., which provides that any person who
22
engages, has engaged, or proposes to engage in unfair competition may be
23

24 enjoined in any court of competent jurisdiction; and the court may make such
25 orders or judgments, including the appointment of a receiver, as may be
26
necessary to prevent the use or employment by any person of any practice
27

28 which constitutes unfair competition, or as may be necessary to restore to any
55
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1

1 person in interest any money or property, real or personal, which may have
2
been acquired by means of such unfair competition, and Business and
3

4
Professions Code § 17204, which provides for actions for any relief pursuant

5 to the Unfair Competition Law to be prosecuted exclusively in a court of
6
competent jurisdiction by any person who has suffered injury in fact and has
7

8
lost money or property as a result of such unfair competition.

9 112. As described above, Counter-Defendants have and continue to engage
10
in a deliberate campaign to severely damage the Counter-Claimants’ value
11

12 and business by preventing the Counter-Claimants from competing while
WEX LAW

13 allowing the Counter-Claimants competitors to continue to conduct business
14
as usual.
15

16 113. At least one Counter-Defendant is in direct competition and sells

17 tickets for the same event(s).
18
114. Counter-Claimants are regular established dealers in a legal market for
19
20 the selling of tickets to events of general interest and have been in such

21 market for more than 10 years.
22
115. Counter-Claimants have been contacted numerous times by the
23

24 Counter-Defendants before and since the filing of the Complaint in attempts
25 to prevent Counter-Claimants from competing in the marketplace or to
26
destroy the Counter-Claimants business.
27

28
56
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1

1 116. Counter-Defendants have not pursued the Counter-Defendants’
2
competitors, thus allowing the competitors to continue business as usual.
3

4
117. Counter-Defendants have denied Counter-Claimants’ customers

5 access to events in which Counter-Claimants’ customers have paid in good
6
faith, but the Counter-Defendants’ have allowed others from the general
7

8
public to participate in the same events.

9 118. Counter-Defendants through their agents, employees, representatives
10
or other entities have removed various web pages from the VIP website in
11

12 destroying and/or preventing the Counter-Claimants from competing in the
WEX LAW

13 marketplace.
14
119. Counter-Claimants are informed and believe that the Counter-
15

16 Defendants unfair acts as described above are a serious and continuing threat

17 to the Counter-Claimants and the public. If the Counter-Defendants are
18
allowed to continue their wrongful acts, Counter-Claimants and the public
19
20 will suffer further immediate and irreparable injury, loss and damage.

21 120. Counter-Defendants are further informed and believe that in absence
22
of a temporary restraining order and preliminary and permanent injunctions
23

24 as prayed for below, Counter-Defendants will continue to engage in unfair
25 business practices. Unless restrained by this Court the Counter-Defendants
26
will continue to engage in unfair business practices and members of the
27

28 general public will have no adequate remedy at law.
57
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1

1 121. Such acts constitute unlawful, unfair and fraudulent business acts and
2
practices prohibited by Business and Professions Code §§ 17200, et seq.
3

4
122. As a result of the Counter-Defendants’ behavior, the Counter-

5 Claimants have been harmed and have suffered actual damages and therefore
6
are seeking monetary, compensatory, exemplary, in addition to other relief to
7

8
be proven at trial.

9 123. By these actions, Counter-Claimants are seeking restitution in an
10
amount to be determined at trial and seek to enjoin Counter-Defendants from
11

12 their continuing behavior.
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13 SIXTH CAUSE OF ACTION
14
INTENTIONAL INTERFERENCE WITH ECONOMIC RELATIONSHIP
15

16 Against Disney & Warner Bros

17 124. Counter-Claimants hereby incorporate by reference paragraphs 1-123
18
herein, as though alleged fully in this Cause of Action.
19
20 125. Counter-Claimants are informed and believe and thereon alleges that,

21 at all times mentioned, Counter-Defendants ROE 1 through ROE 25 were
22
agents of each other and of the named Counter-Defendants and, in doing the
23

24 things alleged in the Complaint, were acting in the scope of such agency and
25 with the permission and consent of the Counter-Defendants.
26
126. Beginning at a time currently unknown to Counter-Claimants, and
27

28 continuing to the present, Counter-Defendants have entered into and engaged
58
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1

1 in a continuing unlawful combination and conspiracy in an unreasonable
2
restraint of trade or commerce against the Counter-Claimants.
3

4
127. In April 2016, Counter-Claimants sold tickets to the Radio Disney

5 Music Awards to a client (“Client”).
6
128. The Radio Disney Music Awards is open to the general public. Stub
7

8
Hub, Microsoft Theatre, Radio.Disney.com, Cheaptickets.com, Ticketmaster

9 and scores of other websites offer tickets to the Radio Disney Music Awards.
10
129. In April 2016, Counter-Defendants Disney denied entrance to the
11

12 Client for Radio Disney Music Awards to the entrance on the Red Carpet.
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13 The clients were alleged in the Complaint to have paid $3,600 for the event.
14
130. Disney knew that the Client purchased the tickets from the Counter-
15

16 Claimants and it was on that basis alone that the Client was denied entrance.

17 131. Counter-Claimants had to refund money to the Client.
18
132. Disney’s conduct was the proximate cause of the damages suffered by
19
20 Counter-Claimants and as a result of Disney’s conduct the Counter-

21 Claimants have suffered damages in an amount to be determined at trial.
22
133. Counter-Claimants are informed and believe that in April 2014,
23

24 Counter-Claimants sold two tickets to the Warner Bros movie premiere for
25 the film Transcendence for a price of $5,000.
26
134. Counter-Claimants are informed and believe that in April 2014,
27

28 Counter-Defendant Warner Bros denied entrance to a Counter-Claimant
59
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1

1 client who had purchased two tickets for the Transcendence film premiere on
2
the basis that the client had purchased the tickets from the Counter-
3

4
Claimants.

5 135. Counter-Claimants had to refund money to the Client.
6
136. Warner Bros conduct was the proximate cause of the damages suffered
7

8
by Counter-Claimants and as a result of Disney’s conduct the Counter-

9 Claimants have suffered damages in an amount to be determined at trial.
10
137. The aforementioned acts of the Counter-Defendants, Disney and
11

12 Warner Bros were willful and malicious. Counter-Claimants are therefore
WEX LAW

13 entitled to punitive damages.
14
138. Counter-Defendants threaten to and will, unless restrained, to disrupt
15

16 business relationships between Counter-Claimants and its customers, to

17 Counter-Claimants great irreparable injury for which damages would not
18
afford adequate relief, in that they would not completely compensate for the
19
20 injury to Counter-Claimants business reputation and good will.

21 WHEREFORE, Counter-Claimant prays judgment against Counter-
22
Defendants as follows:
23

24 1. For general damages according to proof;
25 2. For special damages according to proof;
26
3. For exemplary or punitive damages;
27

28 4. For restitution;
60
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1

1 5. For reasonable attorney and expert witness fees;
2
6. For permanent injunction enjoining defendants and his/her agents,
3

4
servants, and employees, and all persons acting under, in concert with, or

5 for him/her from continuing their unfair competition conduct;
6
7. For costs of suit herein incurred, and;
7

8
8. For such other relief as the court may deem proper.

9 Dated: February 27, 2017 WEX LAW
10

11

12 By: __________________________
WEX LAW

13 Michael K. Cernyar
Attorneys for Defendants
14 HOLLYWOOD
15 ENTERTAINMENT GROUP
LLC, d/b/a VIP Concierge, Inc. and
16 CRAIG BANASZEWSKI
17

18

19
20

21

22

23

24

25

26
27

28
61
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1

1 DEMAND FOR JURY TRIAL
2
Plaintiff hereby demands a trial by jury.
3

4

5 Dated: February 27, 2017 WEX LAW
6

7

8

9
By: __________________________
10 Michael K. Cernyar
11 Attorneys for Defendants
HOLLYWOOD ENTERTAINMENT
12 GROUP LLC, d/b/a VIP Concierge,
WEX LAW

13 Inc. and CRAIG BANASZEWSKI

14

15

16

17

18

19
20

21

22

23

24

25

26
27

28
62
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1

1 CASE NO.: CV 16-9432-JFW (MRWx)
2

3 IN THE UNITED STATES DISTRICT COURT
4
CENTRAL DISTRICT OF CALIFORNIA

5
CERTIFICATE OF SERVICE
6

7

8
I hereby certify that I electronically filed the foregoing with the Clerk of the Court
9 for the United States District Court for the Central District of California by using
the District’s CM/ECF system on February 27, 2017.
10

11
I certify that all participants in the case who are registered CM/ECF users will be
12 served by the District’s CM/ECF system.
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13
I declare under penalty of perjury under the laws of the United States that the
14 foregoing is true and correct and that this declaration was executed on February 27,
2017, at Long Beach, California.
15

16

17

18

19 Michael K. Cernyar
20

21

22

23

24

25

26
27

28
63

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