(rage 2 of 35) 1] RUTAN & TUCKER, LLP Richard K. Howell (State Bar No. 144241) 2 | chowell@rutan.com 2 Briana F. Richmond (State Bar No. 301824) 3} brichmond@rutan.com 611 Anton Boulevard, Suite 1400 4 | Costa Mesa, California 92626-1931 ee rs I00 5 Facsimile: 714-546-9035 6 | Attorneys for Plaintiff Dwight Manley Nw << 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA za 9 FOR THE COUNTY OF LOS ANGELES: © pcs giits oc 11 | DWIGHT MANLEY, an individual,, Case No. oO 12 Plaintiff, COMPLAINT FOR: (1) NEGLIGENT MISREPRESENTATION 13 vs. (2) FRAUD. (3) BREACH OF EXPRESS WARRANTY 14] PROFILES IN HISTORY, a corporation; THE GOLDEN CLOSET, a corporation; and DOES 15] 1 through 20, inclusive, Date Action Filed: 16 Defendants. Trial Date: Plaintiff DWIGHT MANLEY (“Plaintiff”), an individual, alleges as follows: THE PARTIES 1. Plaintiff Dwight Manley is, and at all relevant times herein, has been an individual 18 19 20 a residing in Orange County, California. 2. __ Plaintiffis informed and believes that defendant Profiles in History (“Profiles”) is, 7 | sd tll relevant times herein, hasbeen, «California corporation with ts principal place of > | saxinessn Calabasas, California, z 3. Plaintiff is informed and believes that defendant The Golden Closet (“Golden 26 27 Closet”) is, and at all relevant times herein, has been, a California corporation with its principal gTEZe Pes Ta place of business in North Hollywood, California. 4, . Plaintiff does not know the true names and capacities of the Defendants named 28 tery a -- ‘ieee COMPLAINT ‘boot 1 Paged 1 = Doo TD = 1725960301 - Dec ype = oF(rage 3 of 15) 1| herein as DOES 1 through 20, inclusive, and therefore sues said Defendants by such fictitious names. Plaintiff will amend this cmplaint to show the true names and capacities of such ictitiously-named defendants when the same have been ascertained or upon proof at trial, Plaintiff is informed and believes that each of the ficitiously-named defendants is legally responsible for the acts described in this Complaint and the damage resulting therefrom, era ees 5. Plaintiff is informed and believes and based thereon alleges that at all relevant times, each defendant, unless alleged otherwise, was acting as the partner, agent, servant, 8 employee, alter ego, successor or predecessor in interest, and was acting within the course and 9 | scope of such relationship, with the knowledge, express or implied, of each such other defendant. 10 OPERATIVE FACTS ul 6. Inor around August 2013, Profiles conducted an auction of various Hollywood 12] memorabilia. All of the items were listed in a catalogue along with descriptions of the features 13 | and attributes of each item, One such item, Lot #367, was listed as THE very costume worn by 14 | James Gandolfini during the iconic final scene.of the series finale of The Sopranos, in which 15 | Gandolfini played the notorious Tony Soprano, Lot #367 was marketed by Defendants as a 16 | “unique collector's item from one of the most talked about endings in all of television history.” 17 | The item was labeled as THE costume worn by Mr. Gandolfini during the series finale. A photo 18 | from the final scene is attached as Exhibit A.. 19 7. Plaintiff is informed and believes that Golden Closet is the consignor of Lot #367 20 | and Profiles agreed to act as Golden Closet’s agent in connection with the auction and sale of Lot 21 | #367. : 2 8. Plaintiff participated in the auction via telephone from Brea, California. Plaintiff 23 | reviewed Lot #367 and, relying on the description contained in the catalogue, bid on the costume, 24 | The bid was accepted by Profiles. Plaintiff paid the purchase price for the costume with the 25 | understanding that it was indeed a unique item and the only costume worn by Mr. Gandolfini RAZ vets 1D 26 | during the final scene in the series finale of The Sopranos. ua 9. * Imoraround August 2017, Plaintiff received a catalogue from Profiles for an 28 | upcoming auction, Lot #1112 was listed for auction with the following description: “James 2 ‘foasttamane COMPLAINT ‘ook 1 Pages 3 - Doo 1D = 1725960301 ~ Doc Type = OnE(rage ¢ of 35) 1 ] Gandolfini ‘Tony Soprano’ Holsten’s Costume From the Final Episode of The Sopranos.” Incredibly, Lot #1112, like Lot #367, was listed as “worn” during the “controversial final scene of the series” and consisted of the exact same shirt and pants as those in Lot #367. Lot #1112, however, did not describe the costume as a “unique collector's item.” Lot #1112 ultimately failed to sell. 10. Plaintiff's informed and believes that at the time Profiles and Golden Closets sold Lot #367, they were aware that a second, identical costume (Lot #1112) existed. Profiles and Golden Closet were aware that the costume purchased by Plaintiff was not a “unique” item and ee ee nonetheless failed and refused to disclose the existence of the second costume. At no time did any 10 | Defendant even suggest that a second costume existed. un 11, Atthe time Plaintiff purchased Lot #367, he was unaware of the existence of 12 | another, identical costume that was worn by Mr, Gandolfini during the final scene of The 13| Sopranos series finale. Plaintiff aid not leam of the second costume until he recived the catalog 14| containing Lot #1112. If Plaintiff had been aware ofthe existence of a second costume atthe time 15 |e purchased Lot #367, he would have bid an amount far les of what he ultimately paid. 16 EIRST CAUSE OF ACTION 17| (Negligent Misrepresentation against Defendants Profiles in History, The Golden Closet and 18 Does 1 through 20) 19 12, Plaintsf realleges and hereby incorporates by reference all ofthe preceding 20 | paragraphs above, inclusive. 2 13, Inor around August 2013 and in connection with an auction conducted by 22 | Defendant Profiles in History, Defendants and Does 1 through 20, expressly marketed and 23 | represented in writing that Lot #367 was the costume wor by actor James Gandolfini during the 24| final scene of The Sopranos series, Defendants and Does | through 20 further represented that Lot 25 | #367 was a “unique collector's item.” gtezs vz TO 26 14, Plaintiff, atthe time of Defendants and Does | through 20's representations, and at 27 | the time Plaintiff agreed to purchase Lot #367, was unaware that a second, identical costume 28 | existed which had also been worn by actor James Gandolfini during the final scene of The oan str LP toes ae -_ 2 ‘aw eons COMPLAINT oot 1 Paget 4 - Doo XD = 1725960301 ~ Dos type = OTIER1 | Sopranos series. 15, Plaint informed and believes that Defendants and Does 1 through 20 were ‘aware, at the time of Plaintiff's purchase, that a second, identical costume existed and was also ‘wom by actor James Gandolfini during the finial scene of The Sopranos series. 16, Plaintiff reasonably relied upon Defendants and Does 1 through 20°s misrepresentations by agreeing to purchase Lot #367. Had Plaintiff known that Defendants and Does 1 through 20's representations were false, Plaintiff would not have agreed to purchase Lot #367 at the specified price, or at all. 17. Asa direct and proximate result of Defendants and Does 1 through 20°s 10 | misrepresentations, Plaintiff has suffered and will continue to suffer damages in an amount to 11 | conform to proof at trial and in excess of the jurisdictional amount, 2 SECOND CAUSE OF ACTION 13 | (For Fraud Against Defendants Profiles in History, The Golden Closet and Does 1 through 4 20) 4s 18. Plaintiff realleges and hereby incorporates by reference all of the preceding 16 | paragraphs above, inclusive. “ 7 19. The foregoing acts and conduct of Defendants and Does 1 through 20, and each of 18 | them, constitute fraud and deceit against Plaintiff by concealment, nondisclosure, and/or 19 | misrepresentation of material facts. Defendants and Does 1 through 20 represented that Lot #367 20 | was she costume worn by actor James Gandolfini during the final scene of The Sopranos series 21 | and, further, was a “unique collector's item.” Defendants and Does 1 through 20, and each of 22 | them, intentionally misrepresented and/or intentionally concealed the existence of a second, 2 23 |identical costume worn by actor James Gandolfini during the final scene of the series finale of The z 24 | Sopranos. 5 25 20. When Defendant and Does 1 through 20 made this misrepresentation, concealed 26 | this information, and failed to disclose material information as set forth above, they knew their 27 | statements to be false and misleading or they acted in reckless disregard of the statements” truth or 28 | falsity, and made the misrepresentations, concealed information and/or failed to disclose material aon Tet a stereo —4 Tine COMPLAINT - Deol 1 Paget 5 - Doc xD = 1725960301 ~ Doo Type = OnIERwage 6 of 35) 1 | information with the specific intent to defraud and deceive Plaintiff and with the intent to induce Plaintiff to purchase Lot #367. 21. Asa direct sind proximate cause of the foregoing acts and omissions‘of Defendants, [and Does | through 20, and each of them, Plaintiff has been damaged in an amount to conform to proof at trial and in excess of the jurisdictional amount. 22. Plaintiff s informed and believes, and based thereon alleges, that Defendants and Does 1 through 20's conduet was done with a conscious disregard of Plaintiff's rights and withthe intent to vex, injure, or annoy such as to constitute oppression, fraud, or malice, entitling Plaintiff woe 3a aw a DD to punitive damages in an amount appropriate to punish or set an example of Defendants and Does 10 J} through 20. n ‘THIRD CAUSE OF ACTI 12| Greach of Express Warranty Against Defendants Profiles in History, The Golden Closet B and Does 1 through 20) 4 23, Plaintiff realleges and hereby incorporates by reference all ofthe preceding 15 | paragraphs above, inclusive. 16 24, Defendants and Does 1 through 20, and each of them, represented to Plaintiff that 17 | Lot #367 was she costume worn by James Gandolfini during the final scene of the series finale of 18| The Sopranos. Defendants and Does 1 through 20, and each of them, further represented to 19 | Plaintiff that Lot #367 was a “unique” item. 2 25. Defendants and Does 1 through 20, and each of them, breached the above- 21 | described warranties and representations by various acts and omnissions, including, without 22 | limitation, failing and refusing to disclose the existence of a second, identical costume that was © 23 [also wom by James Gandolfini during the final scene ofthe series finale of The Sopranos. > om 26. Asa direct and proximate result of Defendants and Does through 20's breaches 2 25 | of the warranties and representations as described herein, Plaintiff suffered damages in an amount = 26 | to conform to proof at trial and in excess of the jurisdictional amount, 2 WHEREFORE, plaintiff prays for judgment against defendant as follows: 28 1. Fordamages in an amount according to proof atthe time of tril; ce pest CONPLAIT oot 1 Paget 6 ~ Doo 1D = 3725960301 - Doo Type = OTHERrage 7 of 35) aawee QTet Zs 18 trays ao 2 3. time of trial; 4 S 6 Trenton put LDA For interest in the maximum amount allowed by law; For punitive damages, the full nature and extent of which will be set forth at the For attomeys’ fees if and to the extent permitted by applicable law; For costs of suit incurred herein; and For such other and further relief as the court deems just and proper. 6. COMPLAINT oot 1 Faget 7 ~ Doc xD = 1728960301 - Doo Type = OnIER