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P1LLSBURY WINTHROP SHAW PITTMAN LLP

REYNOLD L. SIEMENS #177956


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reynold.siemens(a),pillsburylaw.com
MARIAH BRANDT #224076

FILED APR 122012


fvke, bxe^iive Otlicer/Cltrk

mariah.brandt@pillsburylaw.com
725 South Figueroa Street, Suite 2800 Los Angeles, CA 90017-5406 Telephone: (213) 488-7100 Facsimile No.: (213) 629-1033

Deputy

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Attorneys for Plaintiffs RIDDELL, INC., ALL


AMERICAN SPORTS CORPORATION, RIDDELL SPORTS GROUP, INC., EASTON-BELL SPORTS, INC., EASTON-BELL SPORTS, LLC,
EB SPORTS CORP. and RBG HOLDINGS CORP.

SUPERIOR COURT OF THE STATE OF CALIFORNIA


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FOR THE COUNTY OF LOS ANGELES


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RIDDELL, INC., ALL AMERICAN SPORTS CORPORATION, RIDDELL SPORTS GROUP, INC., EASTON-BELL SPORTS, INC., EASTON-BELL SPORTS, LLC, EB SPORTS CORP., and RBG HOLDINGS CORP.,

BC482698
Case No.

UNLIMITED JURISDICTION
COMPLAINT FOR

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Plaintiffs,
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vs.

DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF


THE IMPLIED COVENANT OF

GOOD FAITH AND FAIR DEALING


JURY TRIAL DEMANDED

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ACE AMERICAN INSURANCE


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COMPANY, AMERICAN HOME ASSURANCE CO., ARROWOOD INDEMNITY COMPANY, ASSOCIATED


INTERNATIONAL INSURANCE

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COMPANY, CENTURY INDEMNITY COMPANY, COLUMBIA CASUALTY COMPANY, THE EMPLOYERS' FIRE INSURANCE COMPANY, ILLINOIS NATIONAL INSURANCE CO.,
INSURANCE COMPANY OF NORTH

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AMERICA, LUMBERMENS MUTUAL CASUALTY COMPANY, STEADFAST INSURANCE COMPANY, TRANSPORT INDEMNITY COMPANY, and DOES 1-50,
Defendants.

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403425655v2
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COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE


IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

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Plaintiffs RIDDELL, INC., ALL AMERICAN SPORTS CORPORATION,


RIDDELL SPORTS GROUP, INC., EASTON-BELL SPORTS, INC., EASTONBELL SPORTS, LLC, EB SPORTS CORP., and RBG HOLDINGS CORP.

(collectively, "Plaintiffs") allege as follows:


NATURE OF THE ACTION

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1.

This is a civil action for declaratory relief, breach of contract, and for

breach of the implied covenant of good faith and fair dealing arising from the failure
of certain of the defendant insurers ("Insurers") to satisfy their contractual

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obligations to defend and indemnify Plaintiffs against lawsuits filed by present and
former professional football players alleging long-term neurological injuries caused

in partby football helmets allegedly designed, developed, assembled, and sold by


Plaintiffs (the "Underlying Actions").
THE PARTIES

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2.

Easton-Bell Sports, LLC is a Delaware corporation with its principal

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place of business in Van Nuys, California.

3.

EB Sports Corp. is a Delaware corporation with its principal place of

business in Van Nuys, California, and is wholly owned by Easton-Bell Sports, LLC.
4. RBG Holdings Corp. is a Delaware corporation with its principal place

of business in Van Nuys, California, and is wholly owned by EB Sports Corp.


5. Easton-Bell Sports, Inc. is a Delaware corporation with its principal

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place of business in Van Nuys, California, and is wholly owned by RBG Holdings
Corp.

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6.
7.

Riddell Sports Group, Inc. is a Delaware corporation with its principal


Riddell, Inc. is an Illinois corporation with its principal place of

place of business in Texas, and is wholly owned by Easton-Bell Sports, Inc.

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business in Chicago, Illinois, and is wholly owned by Riddell Sports Group, Inc.

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403425655v2

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COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE


IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

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All American Sports Corporation is a Delaware corporation with its

principal place of business in Ohio, and is wholly owned by Riddell Sports Group,
Inc.

9.

ACE American Insurance Company ("ACE"), successor to INA

Insurance Company of Illinois ("INA of Illinois"), is a Pennsylvania corporation


with its principal place of business in Philadelphia, Pennsylvania, and is currently
authorized to and is currently doing business in the state of California.
10. American Home Assurance Co. ("American Home") is a New York

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corporation with its principal place of business in New York, New York, and is authorized to and is currently doing business in the state of California.
11. Arrowood Indemnity Company ("Arrowood"), formerly known as

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Royal Indemnity Company ("Royal Indemnity"), successor in interest to Globe

Indemnity Company ("Globe"), is a Delaware corporation with its principal place of


business in Charlotte, North Carolina, and is authorized to and is currently doing
business in the state of California.

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12.

Associated International Insurance Company ("Associated") is a

California corporation with its principal place of business in Deerfield, Illinois, and
is authorized to and is currently doing business in the state of California. \
13. Century Indemnity Company ("Century"), successor to Insurance

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Company of North American ("INA"), is a Pennsylvania corporation with its

principal place of business in Los Angeles, California, and is authorized to and is


currently doing business in the state of California.

14.

Columbia Casualty Company ("Columbia") is an Illinois corporation

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with its principal place of business in Chicago, Illinois, and is currently doing
business in the state of California.

15.

The Employers' Fire Insurance Company ("Employers' Fire") is a

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Massachusetts corporation with its principal place of business in Canton,


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w

-2IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE

Massachusetts, and is authorized to and is currently doing business in the state of


California.

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16.

Illinois National Insurance Co. ("Illinois National") is an Illinois

corporation with its principal place of business in Chicago, Illinois, and is currently
doing business in the state of California.

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17.

Insurance Company of North America ("INA") is a Pennsylvania

corporation with its principal place of business in Philadelphia, Pennsylvania.


18. Lumbermens Mutual Casualty Company ("Lumbermens") is an

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Illinois corporation with its principal placeof business in Lake Zurich, Illinois, and
is authorized to and is currently doing business in the state of California.

19.

Steadfast Insurance Company ("Steadfast") is a Delaware corporation

with its principal place of business in Schaumburg, Illinois, and is authorized to and
is currently doing business in the state of California.

20.

Transport Insurance Company ("Transport"), formerly known as

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Transport Indemnity Company ("Transport Indemnity"), is an Ohiocorporation with


its principal place of business in Boston, Massachusetts, and is authorized to and is
currently doing business in the state of California.

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21.

The true names and capacities of the defendants sued herein as Does 1-

50, inclusive, are unknown to Plaintiffs, which therefore sued said defendants by
such fictitious names. Plaintiffs will amend this Complaint to allege their true
names and capacities when ascertained, Plaintiffs are informed and believe and

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thereon allege that each of said fictitiously named defendants is in some manner

responsible, in whole or in part, for the matters alleged herein.


THE UNDERLYING ACTIONS

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22.

At present, the Underlying Actions consist of seven lawsuits filed

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against Plaintiffs. Each lawsuit alleges that head injuries experienced by

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I' ll)

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professional football players while playing in the National Football League ("NFL")
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COMPLAINT FORDECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE


IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

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were caused in part by Plaintiffs' alleged negligence, and/oralleged defects relating


to helmets made by Plaintiffs. The seven Underlying Actions against Riddell are
summarized below:

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On or about July 19, 2011, a lawsuit entitled Maxwell, et al. v.

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National Football League, et al. was filed in the United States District Court for the

Central District of California, Case No. 2:11-cv-08394 ("Maxwell"). Maxwell has

been transferred and consolidated with the other actions in the NFL Players'
Concussion Injury Litigation MDL No. 2323 in the United States District Court for the Eastern District of Pennsylvania ("MDL").

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24.

On or about July 19, 2011, a lawsuit entitled Pear, et al. v. National

Football League, et al. was filed in the United States District Court for the Central

District of California, Case No. 2:1 l-cv-08395 ("Pear"). Pear has been transferred
and consolidated in the MDL.

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25.

On or about August 26, 2011, a lawsuit entitled Barnes, et al. v.

National Football League, et al. was filed in the United States District Court for the
Central District of California, Case No. 2:11-cv-08396 ("Barnes"). Barnes has been
transferred and consolidated in the MDL.

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26.

On or about October 13, 2011, a lawsuit entitled Hardman, et al. v.

National Football, et al. was filed in the Superior Court of the State of California County of Los Angeles, Case No. BC471229 ("Hardman"). Hardman was dismissed without prejudice on December 7, 2011.

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27.

On or about January 19, 2012, a lawsuit entitled Joel Steed v. National

Football League, et al. was filed in the United States District Court for the Central

District of California, Case No. 2:12-cv-00524 ("Steed'). Steed has been transferred
and consolidated in the MDL.

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COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE


IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

1 2 3
4

28.

On or about January 23, 2012, a lawsuit entitled Steve Wallace, et al.

v. National Football League, et al. was filed in the United States District Court for the Eastern District of Pennsylvania, Case No. 2:12-cv-00336 ^Wallace").

29.

On or about February 17, 2012, a lawsuit entitled Tyrone Hughes, et

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al. v. National Football League, et al. was filed in the United States District Court for the Eastern District of Louisiana, Case No. 2: l2-cv-00459 ("Hughes"). Hughes
has been transferred and consolidated in the MDL.

30.

Plaintiffs have incurred and/or continue to incur losses in defending

themselves against the foregoing Underlying Actions.


31.
Actions.

Plaintiffs gave prompt notice to the Insurers of the Underlying

PLAINTIFFS' INSURANCE COVERAGE

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32.

Plaintiffs had in full force and effect primary policies that provide

commercial general liability and products liability coverage (the "Primary Policies")

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and/or excess policies that provide commercial general liability and products
liability coverage (the "Excess Policies," collectively, the "Policies") issued by each
of the Insurers.

33.

The Primary Policies include the following policies issued by certain

Insurers and/or their predecessors:


Insurer

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Policy No.
Unknown OYL-211500
1YL-211500

Policy Period
12/31/1959 12/31/1960

Lumbermens

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Lumbermens
Lumbermens

12/31/1960
12/31/1961
12/31/1964

12/31/1961
12/31/1962
3/31/1965

Arrowood f/k/a Royal Indemnity, successor in


interest to Globe

GLG-473526

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Arrowood f/k/a Royal Indemnity, successor in


interest to Globe
INA INA

GYB 145617

3/31/1965

3/31/1968

AGP 10 21 51,10-68-25
AGP 12-36-88
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3/30/1971

10/31/1971

10/31/1971

11/5/1975

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COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE


IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING


Columbia
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CCP1866338 F22-40040-21 XS 100160


AEL 050330
XS 100160
XS 100160

11/5/1975 3/31/1968 3/15/1977 4/22/1977 4/22/1977 8/10/1977 8/10/1977 4/22/1978


4/22/1978

11/5/1976 3/31/1971 4/22/1977 4/22/1978 8/10/1977 4/22/1978 4/22/1978 4/22/1979


4/22/1979

Employers' Fire
Associated Associated Associated Associated Associated

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XS 100160 AEL 050330 XS 100160


XS 100160

Associated
Associated Associated Associated
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AUL 301286 AUL 301456

4/22/1978 4/22/1979 4/22/1980 4/22/1982 8/19/1982 4/22/1983 4/22/1984 4/22/1984

4/22/1979 4/22/1980 4/22/1981 8/19/1982 4/22/1983 4/22/1984 4/22/1985 4/22/1985

Associated Associated Associated

GL 101494
PR 102355
PR 103062

Associated Associated
Associated

PR 106742 XS 106787

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34.

The Excess Policies include the following policies issued by certain

Insurers and/or their predecessors:


Insurer

Policy No.
GLA-100207

Policy Period
3/31/1965 3/31/1968

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Arrowood f/k/a Royal Indemnity, successor in


interest to Globe American Home American Home

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35-15-48 35-15-48 CE 35-15-48

3/31/1968-12/22/1969 12/23/1969-3/31/1971 3/31/1971-10/31/1971

American Home American Home Columbia

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BE 267-71-55
RDX 4169594 42

10/31/1971 -10/31/1974
4/22/1979 4/22/1982 4/22/1980 8/19/1982 4/22/1983

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Transport Transport Transport Transport


Illinois National Steadfast

TUL 675407
TUL 675426

8/19/1982 4/22/1983

TUL 675434

4/22/1984

TUL 675458
BE 357-02-65

SCO 9672420-00

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to

Steadfast

SCO 9672420-01

4/22/1984 1/31/1998 8/1/2008 1/31/2010

4/22/1985 1/31/2009 1/31/2010 7/31/2011

35.
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The losses incurred by Plaintiffs in connection with the Underlying


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Actions fall or potentially fall within the scope of coverage of these Policies.
COMPLAINT FOR DECLARA" ORY RELIEF, BREACH OF CONT RACT, AND BREACH OF THE IMPLIED CON/ENANT OF GOOD FAITH AND F/UR DEALING

Accordingly, pursuant to the terms of the Policies and under the law, Insurers have
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the duty to defend and/or indemnify Plaintiffs for losses incurred in connection with

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the Underlying Actions, subject to each policy's terms, indemnity limit, deductible,
or attachment point.

36.

To date, Arrowood, Employers' Fire, and ACE/Century/INA have

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agreed to defend Riddell against the Underlying Actions, and Steadfast has agreed to
defend upon exhaustion of its self-insured retention, subject to a reservation of
rights. Other Insurers that have a duty to defend have refused to honor their defense

obligations. The Insurers have not agreed to indemnify plaintiffs against the
Underlying Actions.

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37.

As to the Policies, Plaintiffs have paid the required premiums in full

and have satisfied all other conditions to coverage, or are otherwise excused from
doing so. All actions taken by Plaintiffs with respect to the above loss have been
reasonable, and no action has prejudiced the ability of the Insurers to fulfill their contractual obligations.
FIRST CAUSE OF ACTION

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(For Declaratory Relief as to Duty to Defend)


(Against Lumbermens, American Home, and Columbia)

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38.

Plaintiffs repeat and incorporate by reference the allegations of

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paragraphs 1 through 37above.


39. Pursuant to the terms of certain of the Lumbermens, American Home

and Columbia Policies, these Insurers are obligated to defend Plaintiffs against the
Underlying Actions.

40.
Actions.

These Insurers have failed to defend Plaintiffs against the Underlying

41.

An actual controversy of a justiciable nature presently exists between

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Plaintiffs and these Insurers concerning the proper construction of the Policies and
403425655v2

COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE


IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

the rights and obligations of the parties. The controversy is of sufficient immediacy
to justify the issuance of a declaratory judgment.
WHEREFORE, Plaintiffs pray for relief as set forth below.
SECOND CAUSE OF ACTION

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(For Declaratory Relief as to Duty to Indemnify)


(Against All Defendants)

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42.

Plaintiffs repeat and incorporate by reference the allegations of

paragraphs 1 through 41 above.

43.

Pursuant to the terms of the Policies, the Insurers are obligated to

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indemnify the Plaintiffs covered by their Policies for the entire amount of losses

incurred in connection with the Underlying Actions, subject to the Policies' limits,
deductibles, or attachment points.
44. None of the Insurers have agreed to indemnify or provide a defense for

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any of the Underlying Actions. 45. An actual controversy of a justiciable nature presently exists between

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Plaintiffs and Insurers concerning the proper construction of the Policies and the
rights and obligations of the parties with respect to losses incurred by Plaintiffs in

connection with the Underlying Actions. The controversy is of sufficient immediacy to justify the issuance of a declaratory judgment.
46. WHEREFORE, Plaintiffs pray for relief as set forth below.
THIRD CAUSE OF ACTION

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(For Breach of Contract)

(Against Lumbermens, American Home, and Columbia)

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47.

Plaintiffs repeat and incorporate by reference the allegations of

paragraphs 1 through 46 above.

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48.

Pursuant to the terms of certain of the Lumbermens, American Home

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and Columbia Policies, these Insurers are obligated to defend Plaintiffs against the
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IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE

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Underlying Actions.

49.
Actions.

These Insurers have failed to defend Plaintiffs against the Underlying

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50.

Lumbermens, American Home and Columbia have breached the terms

of their Policies by refusing to perform their duty to defend Plaintiffs against the
Underlying Actions.

51.

As a direct result of these Insurers' breach of their Policies, Plaintiffs

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have been deprived of the benefits of insurance coverage, for which it paid
substantial premiums, with respect to losses incurred by Plaintiffs in connection with
the Underlying Actions. 52. WHEREFORE, Plaintiffs pray for relief as set forth below.
FOURTH CAUSE OF ACTION

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(For Breach of the Implied Covenant of Good Faith and Fair Dealing)
(Against American Home and Lumbermens)

53.

Plaintiffs repeat and incorporate by reference the allegations of

paragraphs 1 through 52 above.

54.

Implied in each of the Insurers' Policies is a covenant that they will act

in good faith and deal fairly with their insureds; that they will do nothing to interfere

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with their insured's rights to receive the benefits of the Policies; that they will not place their own interests before those of their insureds; that they will exercise
diligence, good faith, and fidelity in safeguarding the interests of their insureds; that

they will deal ethically with their insureds and will fairly and adequately inform them of the nature and scope of their insurance coverage (hereinafter referred to as "the implied covenant of good faith and fair dealing"). 55. American Home and Lumbermens have each breached the implied

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covenant of good faith and fair dealing by, inter alia:


a.
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Refusing fully to defend and/or indemnify Riddell for covered


-9 IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE

liabilities, as defined in their Policies, without regard to relevant


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insurance policy language, relevant law, and the specific facts


of the claim;

Interpreting the terms and conditions of their Policies in an

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unreasonable manner, which is wholly inconsistent with

applicable law, solely in an effort to avoid providing Riddell


with coverage to which it is entitled under the Policies; Refusing to acknowledge coverage, or withdraw or alter their

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denials of coverage, notwithstanding their inability to identify supporting legal or factual authority for their coverage defenses,
and decisions of other Courts rejecting their legal and/or factual
contentions;
d.

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Inventing spurious grounds for avoidance of coverage without regard to the pertinent policy language, facts, or law;

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e.

Failing to provide promptly a reasonable explanation of the basis relied on, in relation to the facts or applicable law, for the
denial of coverage;

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f.

Not attempting in good faith to negotiate a prompt, fair, and reasonable settlement within policy limits of Riddell's claims;

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g-

Failingto provide Riddell with copies of documents evidencing


the terms of coverage when requested;

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h.

Forcing Riddell to file this litigation in order to obtain the rights


and benefits to which it is entitled under their Policies.

56.

Plaintiffs are informed and believe and thereon alleges, that American

Home and Lumbermens are in breach of the implied covenant of good faith and fair

dealing, did the things and committed the wrongful acts alleged above, among other

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things, for the purpose of willfully and consciously withholding from Plaintiffs the
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COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE


IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

rights and benefits to which they are entitled under their Policies and in complete
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disregard of said rights; in so doing, American Home and Lumbermens have placed

their own interests above those of Plaintiffs for the purpose of retaining and using
money that should have been spent on the defense of Riddell.
57. Pursuant to Brandt v. Superior Court, 37 Cal. 3d 813 (1983), Plaintiffs

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are entitled to recover all attorneys' fees and expenses that they reasonably have
incurred and will incur, in their efforts to obtain the benefits of insurance that have

been, and continue to be, wrongfully and in bad faith withheld by American Home
and Lumbermens.

58.

The wrongful conduct alleged herein was done with conscious

disregard of Plaintiffs' rights and with the intent to vex, injure or annoy Plaintiffs, such as to constitute oppression, fraud or malice under California Civil Code Section

3294, thereby entitling Plaintiffs to punitive damages in an amount appropriate to


punish or set an example of Lumbermens and American Home.

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WHEREFORE, Plaintiffs pray for relief as set forth below:


PRAYER FOR RELIEF

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Plaintiffs request that the Court enter judgment as follows:


59. On the First Cause of Action, for a declaration that the Lumbemens,

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American Home and Columbia policies impose on those Insurers a duty to defend

Riddell against the Underlying Actions, as more fully described above;


60. On the Second Cause of Action, for a declaration that the Insurers have

a duty to indemnify the Plaintiffs insured under their Policies against the Underlying
Actions. 61. On the Third and Fourth Causes of Action:

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a. Compensatory and general damages according to proof; b. Special and incidental damages according to proof;
c. Prejudgment interest at the maximum legal rate;
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IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

COMPLAINT FOR DECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE

62.

For costs of suit; and

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63.

Forsuch other and further reliefas the Court deems appropriate.

Dated: April 12,2012.


PILLSBURY WINTHROP SHAW PITTMAN LLP REYNOLD L. SIEMENS

725 South Figueroa Street, Suite 2800


Los Angeles, CA 90017-5406

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By

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Synold L.TSiemens Attorneys for Plaintiffs RIDDELL, INC., ALL AMERICAN SPORTS CORPORATION, RIDDELL SPORTS GROUP, INC., EASTONBELL SPORTS, INC., EASTON-BELL SPORTS, LLC, EB SPORTS CORP., and RBG HOLDINGS

"^

p4 ,<z WynoidL.*

CORP.

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403425655v2

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COMPLAINT FORDECLARATORY RELIEF, BREACH OF CONTRACT, AND BREACH OF THE


IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

CM-010
ATTORNEYOR PARTY WITHOUTATTORNEY (Name. Slate Barnumber. tmO etidress):
ouitr use ONLY

-PILLSBURY W1NTHROP SHAW PITTMAN LLP REYNOLD L. SIEMENS #I77956/MARIAH BRANDT #224076

725 S. Rfiucroa Street, Suite 2800, I^os AiiReles, CA 90017-5406

TELEPHONE-NO, (213) 488-7100 FAX NO, (213) 629-1033 attorney for (N^m): Kiddeil, Inc., All American Sports Corporation, et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANG ELES STREET ADDRESS: ] | | ft. Hill Street
MAILING ADDRESS:

*&!*
fohn

city and zip code: Los Angeles, CA 90012

Qeputv

branch name: Stanley Mosk Courthouse


CASE NAME:

RIDDELL, INC., ct al. v. ACE AMERICAN INSURANCE, et al.


CIVIL CASE COVER SHEET

Complex Case Designation

CASE NUMBER:

CZ3 Unlimited
(Amount
demanded

Limited
(Amount

I Counter

I Joinder
JUDGE?

BC482 69 8

demanded is Filed with first appearance by defendant DEPT: $25,000 or less) (Cal. Rules of Court, rule 3.402) Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case:

exceeds $25,000)

Auto Tort

Contract

Auto (22) Uninsured motorist (46)

Other PI/PD7WD (Porsonal Injury/Property DamagorWrongful Death) Tort

Breach of contract/warranty (06)

Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403)

Rule 3.740 collections (09)


Other collections (09)
Insurance coverage (18) Other contract (37)

I I Antitrust/Trade regulation (03) L_J Construction defeet (10)

LZH Asbestos (04) CD Product liability (24)


I I Medical malpractice (45)

CZ3 Mass tort (40) I I Securities litigation (28)


I I Environmental/Toxic tort (30) I </ I Insurance coverage claims arising from the
above listed provisionally complex case types (41)
Enforcement of Judgment

Real Property

| Eminent domain/Inverse
condemnation (14)

Other PI/PD/WD (23)


Business tort/unfair business practice (07)

Non-PI/PD/WO (Other) Tort

I Wrongful eviction (33)

I Other real property (26)

I I Civil rights (08) I I Defamation (13) Fraud (16) Intellectual property (19) Professional negligence (25) Other non-Pt/PD/WD tort (35)
Employment

Unlawful Detainer

I Enforcement ofjudgment (20)

[......".] Commercial (31) I I Residential (32)

Miscellaneous Civil Complaint

I I

Drugs (38)

CZ3 RICO (27)


I I Other complaint (not specified above) (42)
Miscellaneous Civil Petition

Judicial Review

L_J Asset forfeiture (05)

|_ | Wronglul termination (36)


I I Other employment (15)

I I Petition re: arbitration award (11) I I Writ of mandate (02)

I Partnership and corporate governance (21) I Other petition (not specified above) (43)

^--"2. This case I / I is

I is not

(_] Other judicial review (39) complex under rule 3.400 of the California Rules ofCourt. If the caseiscomplex, mark the
d. 1 I Large number ofwitnesses e. I / ICoordination with related actions pending in oneor more courts
inother counties, states, or countries, or ina federal court

factors requiring exceptional judicial management:

a. I / I Large number ofseparately represented parties

b. [_/J Extensive motion practice raising difficult or novel


issues thatwill be time-consuming to resolve

c. I I Substantial amount of documentary evidence


3. Remedies sought (check all that apply): a.l / I monetary

f. 1 1Substantial postjudgment judicial supervision

& lZJ nonmonetary; declaratory orinjunctive relief

c.[ / Ipunitive

4. Number ofcauses ofaction (specify): Four (4) 5. This case I I is I / I is not a class action suit.
6. Ifthere are any known related cases, file and serve a notice of related case. (Youmay use form CM-C15.)

Reynold L. Siemens

Date: April 12,2012


(TYPE OR PRINT NAME)

h
NOTICE

4
(Sll

"RE OF PARTY OR ATTORNEY FORPARTY)

Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claimscases or cases filed underthe Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule3.220.)Failure to file may result
in sanctions.

File this cover sheet in addition to any cover sheet required by local court rule.

$ If this case iscomplex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
"i other parties to the action or proceeding. Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only
'*i | .
Pago 1 of 2 Pi

*535E55i5"
CM-OtO [Rev. July t, 2Q07|

CIVIL case cover sheet

Cfll. Rules of Court, rules 2.30.3.220, 3.400-3 403, 3.740. Cal. Standards of Judicial Administration, std. 3.10 www.courtinla.ca.gav

American LegaiNut, Inc.


www. Forms Workflow.oom

SHORT TITLE:

CASE NUMBER

RIDOELL, INC. vs. ACE AMERICAN INSURANCE COMPANY, et al.


CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION

<** 6*8-

(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)


This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court. Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:

JURY TRIAL? EyES CLASS ACTION? D YES LIMITED CASE? DyES TIME ESTIMATED FOR TRIAL 15 D HOURS/ B DAYS
Item II. Indicate the correct district and courthouse location (4 steps - Ifyou checked "Limited Case", skip to Item III, Pg. 4):

Step 1: After first completing the Civil CaseCover Sheet form, find the main Civil CaseCover Sheet heading for your
case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected. Step 2: Check one Superior Courttype of action in Column B below which best describes the nature of this case.

Step 3: In Column C, circle the reason for thecourt location choice that applies tothe type ofaction you have
checked. For any exception to the court location, see Local Rule 2.0. Applicable Reasons for Choosing Courthouse Location (see Column C below)
1. Class actions must be filed in the Stanley Mosk Courthouse, central district. 2. May be filed in central (other county, or no bodily injury/property damage).
3. Location where cause of action arose.

6. Locationof property or permanently garaged vehicle.


7. Location where petitioner resides.

4. Location where bodily injury, death or damage occurred.

8. Location wherein defendant/respondent functions wholly.

5. Locationwhere performance required or defendant resides.

9. Locationwhere one or more of the parties reside.

10. Location of Labor Commissioner Office

Step 4: Fill in the information requested on page 4 in Item III; complete Item IV. Sign the declaration.

A
Civil Case Cover Sheet

Category No. Auto (22)

B Type of Action (Check only one) D A7100 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death

c
Applicable Reasons See Step 3 Above
1..2..4.

<

*-

Uninsured Motorist (46)

A7110 Personal Injury/PropertyDamage/Wrongful Death - Uninsured Motorist

1,2., 4.

Asbestos (04)

O A6070 Asbestos Property Damage

2.

?*
8
8
a.
o
-C
TO

Product Liability(24)

A7221 Asbestos - Personal Injury/Wrongful Death

2.

D A7260 Product Liability (not asbestos or toxic/environmental) a A7210 Medical Malpractice - Physicians & Surgeons

1..2..3..4..8,
1..4.
1..4.

a>

e*
3

O
ZJ

Medical Malpractice (45)

o)

D A7240 Other Professional Health Care Malpractice

e>

o
41

5
O)

D A7250 Premises Liability (e.g., slip and fall)


Other

n
JC

en
n

14.
1..4.

Personal Injury Property Damage


Wrongful Death

A7230 Intentional Bodily Injury/PropertyDamageArVrongful Death (e.g.,


assault, vandalism, etc.)
A7270 Intentional Infliction of Emotional Distress

1 3. 1..4.

(23)
<t> *

D A7220 Other Personal Injury/PropertyOamageAVrongful Death

IfACIV 109 (Rev. 03/11)


LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION


American l.cgiil.Vct, Inc. mn .FumnWofkr-tow.cimi

Local Rule 2.0

Page 1 of 4

SHORT TITLE:

CASE NUMBER

RIDDELL, INC., et al. vs. ACE AMERICAN INSURANCE, et al.


A
Civil Case Cover Sheet

B
Type of Action

Category No.
Business Tort (07)
Civil Rights (08)

.;*"'.

'

"

(Check only one)

C Applicable Reasons See Step 3 Above


1..3.
1..2, 3. 1..2..3.

D A6029 Other Commercial/Business Tort (not fraud/breachof contract)


D D A6005 Civil Rights/Discrimination A6010 Defamation (slander/libel)

is
g-e 3 3

Defamation (13) Fraud (16)

1|
c
o CO

a
a

A6013 Fraud (no contract)


A6017 Legal Malpractice

1 2. 3.
1.. 2., 3. 1,2., 3.

Professional Negligence (25)


E
z o

Q A6050 Other ProfessionalMalpractice (not medicalor legal)


Other (35) Wrongful Termination (36)

D A6025 Other Non-Personal Injury/Property Damage tort


D A6037 Wrongful Termination A6024 Other Employment Complaint Case

2,3.

1..2., 3.

Q.

Other Employment (15)

1 2., 3.
10.

D A6109 Labor Commissioner Appeals

D A6004 Breach of Rental/Lease Contract (not unlawfuldetainer or wrongful


eviction)

2., 5.
2., 5.

Breach of Contract/ Warranty


(06) (not insurance)

Q A6008 ContracVWarranty Breach -Seller Plaintiff(no fraud/negligence) O A6019 Negligent Breach of Contract/Warranty (no fraud)

1., 2., 5. 1., 2.. 5.

D A6028 Other Breach of ContractfWarranty (not fraud or negligence)


D A6002 Collections Case-Seller Plaintiff

Collections (09)

2,5.6.

D A6012 Other Promissory Note/Collections Case Insurance Coverage (18)


D

2,5. 1 2 5., 8.

A6015 Insurance Coverage (not complex)


A6009 Contractual Fraud A6031 Tortious Interference

1..2., 3.. 5.
1., 2., 35. 1.,2.,3.,8.

Other Contract (37)

D A6027 Other Contract Dispute(not breach/insurance/fraud/negligence)


Eminent Domain/Inverse

Condemnation (14)
r
o.

D A7300 Eminent Domain/Condemnation


D A6023 Wrongful Eviction Case

Number of parcels

2.

Wrongful Eviction (33)

2., 6.

CO

D A6018 Mortgage Foreclosure


Other Real Property (26)
D A6032 Quiet Title

2., 6.
2., 6.

q:

D A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure)


Unlawful Detainer-Commercial

2., 6.

(31)
Unlawful Detainer-Residential
a

D A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) D A6020 Unlawful Detainer-Residential(not drugs or wrongful eviction)
A6020F Unlawful Detainer-Post-Foreclosure

2., 6.

(32)
Unlawful Detainer-

2.,6.

"5

"5 CO

Post-Foreclosure (34)
Unlawtul Detainer-Drugs (38)

2., 6.

A6022 Unlawful Detainer-Drugs

2., 6.

T.

LACIV 109 (Rev. 03/11)


LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION


AmerkftB LcgvfNri, lac. 'r-ir"nfflWiirhrtpw.rem

Local Rule 2.0

Page 2 of 4

SHORT TITLE:

CASE NUM6ER

RIDDELL, INC., et al. vs. ACE AMERICAN INSURANCE, et al.


A
Civil Case Cover Sheet

B
Type of Action

c
Applicable Reasons See Step 3 Above 2., 6.
2.. 5.

Category No. Asset Forfeiture (05)


s >

..'*'Q

(Check only one) . .

A6108 Asset Forfeiture Case

Petition re Arbitration (11)

D A6115 Petition to Compel/ConfirmA/acate Arbitration


Q A6151 Writ - Administrative Mandamus A6152 Writ - Mandamus on Limited Court Case Matter
A6153 Writ - Other Limited Court Case Review
A6150 Other Writ/Judicial Review

2., 8.
2.
2.

'5
3

Writ of Mandate (02)

Q
D

Other Judicial Review (39) Antitrust/Trade Regulation (03)


Construction Defect (10)

2., 8.
1..2..8. 1..2..3.

A6003 Antitrust/Trade Regulation


A6007 Construction Defect

Q.

E
o

Claims Involving Mass Tort (40)

Q A6006 Claims Involving Mass Tort D A6035 Securities Litigation Case


A6036 Toxic Tort/Environmental

1..2..8.

_>. ~a
c o > o

Securities Litigation (28)


Toxic Tori

1..2..8.

Environmental (30)

1.,2.,3..8.

Insurance Coverage Claims from Complex Case (41)

XH A6014 Insurance Coverage/Subrogation (complex case only)


O A6141 Sister State Judgment
D A6160 Abstract of Judgment

1,2^8.
2., 9. 2,6. 2., 9.

at

o>

i &
C -

Enforcement

D A6107 Confession of Judgment (non-domestic relations)

of Judgment (20)

D A6140 Administrative AgencyAward(not unpaid taxes) D A6114 Petition/Certificate for Entryof Judgment on Unpaid Tax D A6112 Other Enforcement of Judgment Case

2., 8. 28.
2., 8., 9.

LU

RICO (27)
us *;

O A6033 Racketeering (RICO) Case 0 A6030 Declaratory Relief Only

12..8.
1..2..8.
2,8. 1., 2., 8.

.S

CO

= E
g o
:s >

8 1

Other Complaints (Not Specified Above) (42)

D A6Q40 Injunctive Relief Only (not domestic/harassment)

A6011 Other Commercial Complaint Case (non-tort/non-cornplex)


A6000 Other Civil Complaint (non-tort/non-complex)

1., 2.,8.

Partnership Corporation Governance (21)

D A6113 Partnership and Corporate Governance Case


a A6121 Civil Harassment

2., 8.

in

2., 3., 9.
2., 3.. 9.

s o o
CO

o
0)

Q
Other Petitions

A6123 Workplace Harassment

o u
W

a.
.

a
a

A6124 Eider/Dependent Adult Abuse Case


A6190 Election Contest

2., 3., 9.
2.

.e

(Not Specified Above) (43)

D
O
D

A6110 Petition for Change of Name


A6170 Petition for Relief from Late Claim Law
A6100 Other Civil Petition

2., 7.
2., 34.,8.

2., 9.

LACIV 109 (Rev. 03/11) LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM

Local Rule 2.0

AND STATEMENT OF LOCATION

America* l,ci;i)Nrt, Inc.

-j Page 3of 4

SHORT TITLE:

CASE NUMBER

RIDDELL, INC., et al. vs. ACE AMERICAN INSURANCE, et al.

Item III. Statement of Location: Enter the address of the accident, party's residence or place of business, performance, or other

circumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected.
ADDRESS:

REASON: Check the appropriate boxes for the numbers shown under Column C for the type of action that you have selected for
this case.

818 W. Seventh Street

Los Angeles, CA 90017

DT. D2. D3. D4. 05. D6. 07. D8. L7J9. D10.
CITY: STATE: ZIP COOE:

Los Angeles

CA

90017

Hem IV. Declaration of Assignment: Ideclare under penalty of perjury under the laws of the State of California that the foregoingis true

and correct and that the above-entitled matter is properly filed for assignment to the Stanley Mosk
Central

courthouse in the

District of the Superior Court of California, County of Los Angeles [Code Civ. Proc, 392 et seq., and Local

Rule 2.0, subds. (b), (c) and (d)].

Dated: April 12, 2012


AtURE OF ATTORNEY/FIUNG PARTY) (SIGNAt

Reynold L. Siemens

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY
COMMENCE YOUR NEW COURT CASE:

1.

Original Complaint or Petition.

2. If filing a Complaint, a completed Summons form for issuance by the Clerk.


3. Civil Case Cover Sheet, Judicial Council form CM-010.

4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev. 03/11).
5. Payment in full of the filing fee, unless fees have been waived. 6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010, if the plaintiffor petitioner is a minor under 18 years of age will be required by Court in order to issue a summons.

7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum must be served along with the summons and complaint, or other initiating pleading in the case.

LACIV109 (Rev. 03/11)


LASC Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION AmfrlciB lxglN'cl, Inc.

Local Rule 2.0

Page 4 of 4