a2 ae zg Eric J. Bakewell (SBN 241529) EJBakewell@Venable.com FILED Ramanda R. Luper (SBN 313606) a RRLuper@Venable.com pier colleen VENABLE LLP emia! 2049 Century Park East, Suite 2300 5949 Los Angeles, CA 90067 DEG 2 4 2018 Telephone: ' (310) 229-9900 Sherr yy Facsimile: (310) 229-9901 ital, Patrice Of8 Attorneys for Plaintiff, VICTOR BORACHUK and JUPITERRETURN, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT. VICTOR BORACHUK, an individual; cawekB STCyo95u0 JUPITERRETURN, LLC, a California limited liability company, COMPLAINT FOR: Plaintiffs, 1, BREACH OF CONTACT; v. 2. PROMISSORY ESTOPPEL; 3. FRAUD; MICHAEL BURG, an individual; WHIZBAN' 4. INTENTIONAL PRODUCTIONS, LLC, a Delaware limited INTERFERENCE WITH liability corporation; GOOD ENTERTAINMENT, PROSPECTIVE ECONOMIC FOUNDATION, a North Carolina nonprofit; ADVANTAGE; TEENASAURUS ROX, INC., a Delaware 5. VIOLATION OF CALIFORNIA| corporation; ES AND G ENTERTAINMENT, BUSINESS AND INC., a Delaware corporation; and DOES 1 PROFESSIONS CODE through 20, inclusive, SECTION 17200; AND 6. MISAPPROPRIATION OF Defendants. LIKENESS ~~ COMPLAINTVENABLE LLP wk wn ea W 12 1B 14 16 7 18 19 20 21 22 23 24 25 26 27 28 INTRODUCTION 1. This case arises from a series of broken promises and other wrongdoing by Defendant Michael Burg (and his affiliated companies") causing substantial damage to Plaintifts Victor Borachuk and JupiterRetum, LLC (“SupiterRetumn”), 2. The first broken promise: In November 2015, Burg promised Borachuk producer credit and compensation to Borachuk and JupiterRetum if Borachuk and JupiterRetumn helped Burg create a television program entitled “FabLab.” Burg reneged on his promise to pay Borachuk and JupiterReturn the roughly $350,000 Burg promised in exchange for Borachuk and JupiterRetum’s connections within the entertainment industry, relationships with independent contractors, film equipment, and production expertise (all of which were vital to “FabLab”). 3. The second broken promise: In November 2016, Borachuk and JupiterRetun threatened legal action to recoup damages stemming from “FabLab.” Burg promised that if Borachuk and JupiterReturn did not file a lawsuit and assisted Burg to develop a second project, titled “Jump, Jive, and Thrive,” then Burg would have enough funds to pay Borachuk and JupiterReturn for their work on “FabLab” and “Jump, Jive, and Thrive.” Borachuk and JupiterRetum had no alternative if they wanted to get paid and again agreed Burg could use their connections and expertise to create “Jump, Jive, and Thrive.” Burg broke his second promise and swindled Borachuk and JupiterReturn out of at least another $100,000 for “Jump, Jive, and Thrive” in addition to the money Burg owed for “FabLab.” 4. The third broken promise: In May 2018, Burg promised the next show—the “Gamers” Choice Awards”—would create enough revenue to pay Borachuk and JupiterReturn the money owed for “FabLab” and “Jump, Jive, and Thrive” along with additional compensation for “Gamers’ Choice Awards.” Burg broke his third promise, failed to pay Borachuk and JupiterReturn the money owed for the prior shows and “Gamers’ Choice Awards,” and damaged ' Whizbang Productions, LLC (“WhizBang”); Good Entertainment Foundation (“Good Entertainment”); Teenasaurus Rox, Inc. (“Teenasaurus”); and ES and G Entertainment, Inc. ‘S&G") (collectively, “Defendants”). COMPLAINTVENABLE LLP 2049 CENTURY PARK EAST, SUITE 2100 we wn uW 12 13 14 15 16 7 19 20 2 23 24 25 26 28 Borachuk and JupiterReturn’s reputation with his ineptitude causing tens of thousands of actual damages, if not more. 5. Burg utilized his various affiliated companies (including Defendants Whizbang, Good Entertainment, Teenasaurus, and ES&G) to set up his various promises, break contracts, defraud Borachuk and JupiterRetumn, and commit other substantial wrongdoing. 6. Burg and his affiliated entities’ conduct gives rise to numerous causes of action, including breach of contract, promissory estoppel, fraud, intentional interference with prospective economic advantage, violation of California Business and Professions Code section 17200, and misappropriation of likeness. Burg and his affiliated entities’ wrongful and fraudulent behavior caused substantial damages to Borachuk and JupiterReturn including compensation promised to Borachuk but never paid, and other actual, consequential, and compensatory damages. PARTI. 7, Plaintiff Victor Borachuk is an individual who resides in Los Angeles, California. 8. Plaintiff JupiterRetum is a California limited liability corporation, which maintains a principal place of business at 810 S. Spring St. #706, Los Angeles, California 90014. 9. Defendant Burg is an individual who resides in Los Angeles, California and has been a resident of California at all times pertinent to this action. 10, Defendant WhizBang is a Delaware limited liability corporation. WhizBang’s actions are directed at and controlled from California in the county of Los Angeles within this judicial district, Burg controls WhizBang. 11, Defendant Good Entertainment (formerly known as “On the Line Foundation”) is North Carolina nonprofit. Good Entertainment's actions are directed at and controlled from California, in the county of Los Angeles, within this judicial district. Burg is the Chief Executive Officer of Good Entertainment. 12, Defendant Teenasaurus is a Delaware corporation. Teenasaurus’s aetions are directed at and controlled from California, in the county of Los Angeles within this judicial COMPLAINT