throbber
Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 1 of 18 Page ID #:1
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`Thomas P. Riley
`Law Offices of Thomas P. Riley, P.C.
`First Library Square
`1114 Fremont Avenue
`South Pasadena, CA 91030-3227
`CA SBN No. 194706
`Fax: 626-799-9795
`TPRLAW@att.net
`Tel: 626-799-9797
`
`Attorneys for Plaintiff
`Innovative Sports Management, Inc.,
`d/b/a Integrated Sports Media
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
` Case No.:
`Innovative Sports Management, Inc.,
`
`
`d/b/a Integrated Sports Media,
` COMPLAINT
` Plaintiff,
`
`
`
`
`
` vs.
`
`Claudio Montanari and Francisco Elfego
`Gonzalez, individually and d/b/a Bella
`Vista Brazilian Gourmet Pizza; and
`Monfar Group, LLC, an unknown
`business entity d/b/a Bella Vista Brazilian
`Gourmet Pizza,
`
` Defendants.
`
`
`PLAINTIFF ALLEGES:
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`
`
`
`
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`1.
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`
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`JURISDICTION
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`Jurisdiction is founded on the existence of a question arising under particular
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` Page 1
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`

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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 2 of 18 Page ID #:2
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`
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`statutes. This action is brought pursuant to several federal statutes, including the
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`Communications Act of 1934, as amended, Title 47 U.S.C. 605, et seq., and The
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`Cable & Television Consumer Protection and Competition Act of 1992, as amended,
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`Title 47 U.S.C. Section 553, et seq., and California B&P Section 17200, a California
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`state statute.
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`2.
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`This Court has jurisdiction of the subject matter of this action pursuant to 28
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`U.S.C. Section 1331, which states that the District Courts shall have original
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`jurisdiction of all civil actions arising under the Constitution, laws, or treaties, of the
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`United States. This Court has subject matter jurisdiction over the state law claims
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`pursuant to 28 U.S.C. § 1367 (supplemental jurisdiction).
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`3.
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`This Court has personal jurisdiction over the parties in this action as a result of
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`the Defendants’ wrongful acts hereinafter complained of which violated the Plaintiff's
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`rights as the exclusive commercial domestic distributor of the televised Program
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`hereinafter set forth at length. The Defendants’ wrongful acts consisted of the
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`interception, reception, publication, divulgence, display, exhibition, and tortious
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`conversion of said property of Plaintiff within the control of the Plaintiff in the State
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`of California constituting an unfair business practice in violation of the law, including
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`specific California state statutes, more particularly set forth below.
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`///
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`///
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 3 of 18 Page ID #:3
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`VENUE
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`4.
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`Pursuant to Title 47 U.S.C. Section 605, venue is proper in the Central District
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`of California, because a substantial part of the events or omissions giving rise to the
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`claim occurred in this District and/or because, inter alia, all Defendants reside within
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`the State of California (28 U.S.C. § 1391(b) and 28 U.S.C. § 84(c)(2)).
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`INTRADISTRICT ASSIGNMENT
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`5.
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`Assignment to the Western Division of the Central District of California is
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`proper because a substantial part of the events or omissions giving rise to the claim
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`occurred in Los Angeles County and/or, the United States District Court for the
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`Central District of California has decided that suits of this nature, and each of them,
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`are to be heard by the Courts in this particular Division.
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`
`THE PARTIES
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`6.
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`Plaintiff, Innovative Sports Management, Inc., d/b/a Integrated Sports Media,
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`is, and at all relevant times mentioned was, a New Jersey corporation with its principal
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`place of business located at 64 North Summit St., Suite 218, Tennafly, NJ 07060.
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`
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`7.
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`At all times relevant hereto, including on Friday, October 9, 2020, Defendant
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`Claudio Montanari was specifically identified as Manager/Member and Chief
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`Executive Officer on the State of California Secretary of State Statement of
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 4 of 18 Page ID #:4
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`Information (201334510097) issued to Monfar Group, LLC for Bella Vista Brazilian
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`Gourmet Pizza.
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`8.
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`At all times relevant hereto, including on Friday, October 9, 2020, Defendant
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`Francisco Elfego Gonzalez was specifically identified as Manager/Member on the
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`State of California Secretary of State Statement of Information (201334510097)
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`issued to Monfar Group, LLC for Bella Vista Brazilian Gourmet Pizza.
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`
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`9.
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`Plaintiff is informed and believes, and alleges thereon that on Friday, October
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`9, 2020 (the night of the Program at issue herein, as more specifically defined in
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`Paragraph 17), Defendants Claudio Montanari and Francisco Elfego Gonzalez had
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`the right and ability to supervise the activities of Bella Vista Brazilian Gourmet Pizza,
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`which included the unlawful interception, receipt, and publication of Plaintiff’s
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`Program.
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`
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`10. Plaintiff is informed and believes, and alleges thereon that on Friday, October
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`9, 2020 (the night of the Program at issue herein, as more specifically defined in
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`Paragraph 17), Defendants Claudio Montanari and Francisco Elfego Gonzalez, as
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`individuals had the obligation to supervise the activities of Monfar Group, LLC,
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`which included the unlawful interception, receipt, and publication of Plaintiff’s
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 5 of 18 Page ID #:5
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`Program, and, among other responsibilities, had the obligation to ensure that Bella
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`Vista Brazilian Gourmet Pizza operated lawfully at all times.
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`11. Plaintiff is informed and believes, and alleges thereon that on Friday, October
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`9, 2020 (the night of the Program at issue herein, as more specifically defined in
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`Paragraph 17), Defendants Claudio Montanari and Francisco Elfego Gonzalez
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`specifically directed or permitted the employees of Bella Vista Brazilian Gourmet
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`Pizza to unlawfully intercept, receive, and publish Plaintiff’s Program at Bella Vista
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`Brazilian Gourmet Pizza, or intentionally intercepted, received, and published the
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`Program at Bella Vista Brazilian Gourmet Pizza themselves. The actions of the
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`employees of Bella Vista Brazilian Gourmet Pizza are directly imputable to
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`Defendants Claudio Montanari and Francisco Elfego Gonzalez by virtue of their
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`acknowledged responsibility for the operation of Bella Vista Brazilian Gourmet
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`Pizza.
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`12. Plaintiff is informed and believes, and alleges thereon that on Friday, October
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`9, 2020, Defendants Claudio Montanari and Francisco Elfego Gonzalez, as
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`Managers/Members of Monfar Group, LLC and as individuals specifically identified
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`as Officers and Members on the State of California Secretary of State Statement of
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`Information (201334510097) issued to Monfar Group, LLC had an obvious and direct
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`financial interests in the activities of Bella Vista Brazilian Gourmet Pizza, which
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`included the unlawful interception, receipt, and publication of Plaintiff’s Program.
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 6 of 18 Page ID #:6
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`13. Plaintiff is informed and believes, and alleges thereon that the unlawful
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`broadcast of Plaintiff’s Program, as supervised and/or authorized by Defendants
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`Claudio Montanari and Francisco Elfego Gonzalez resulted in increased profits for
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`Bella Vista Brazilian Gourmet Pizza.
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`14. Plaintiff is informed and believes, and alleges thereon that Defendant Monfar
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`Group, LLC is an owner, and/or operator, and/or licensee, and/or permittee, and/or
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`entity in possession, and/or an entity with dominion, control, oversight and
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`management of the commercial establishment doing business as Bella Vista Brazilian
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`Gourmet Pizza operating at 10826 Venice Boulevard, Culver City, CA 90232.
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`
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`15. On Friday, October 9, 2020 (the night of the Program at issue herein, as more
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`specifically defined in Paragraph 17), Bella Vista Brazilian Gourmet Pizza sold food
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`to its patrons.
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`
`
`COUNT I
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`(Violation of Title 47 U.S.C. Section 605)
`
`16. Plaintiff Innovative Sports Management, Inc., d/b/a Integrated Sports Media,
`
`hereby incorporates by reference all of the allegations contained in paragraphs 1-15,
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`inclusive, as though set forth herein at length.
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`///
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 7 of 18 Page ID #:7
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`17. Pursuant to contract, Plaintiff Innovative Sports Management, Inc., d/b/a
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`Integrated Sports Media, was granted the exclusive nationwide commercial
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`distribution (closed-circuit) rights to the Brazil v. Bolivia Soccer Game event telecast
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`nationwide on Friday, October 9, 2020 (this included all interviews and game
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`commentary encompassed in the television broadcast of the event, hereinafter
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`referred to as the "Program").
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`
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`18. Pursuant to contract, Plaintiff Innovative Sports Management, Inc., d/b/a
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`Integrated Sports Media, entered into subsequent sublicensing agreements with
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`various commercial entities throughout North America, including entities within the
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`State of California, by which it granted these entities limited sublicensing rights,
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`specifically the rights to publicly exhibit the Program within their respective
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`commercial establishments.
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`
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`19. The Program could only be exhibited in a commercial establishment in
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`California if said establishment was contractually authorized to do so by Plaintiff
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`Innovative Sports Management, Inc., d/b/a Integrated Sports Media.
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`
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`20. As a commercial distributor and licensor of sporting events, including the
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`Program, Plaintiff Innovative Sports Management, Inc., d/b/a Integrated Sports
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`Media, expended
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`substantial monies marketing, advertising, promoting,
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 8 of 18 Page ID #:8
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`administering, and transmitting the Program to its customers, the aforementioned
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`commercial entities.
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`21. The Program originated via satellite uplink and was subsequently re-
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`transmitted to cable systems and satellite companies to Plaintiff’s sub-licensees.
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`22. On Friday, October 9, 2020, in violation of Plaintiff Innovative Sports
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`Management, Inc., d/b/a Integrated Sports Media rights and federal law, Defendants
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`intercepted, received and published the Program at Bella Vista Brazilian Gourmet
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`Pizza. Defendants also divulged and published said communication, or assisted or
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`permitted in divulging and publishing said communication to patrons within Bella
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`Vista Brazilian Gourmet Pizza.
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`23. With full knowledge that the Program was not to be intercepted, received,
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`published, divulged, displayed, and/or exhibited by commercial entities unauthorized
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`to do so, each and every one of the above named Defendants, either through direct
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`action or through actions of employees or agents directly imputable to Defendants
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`(as outlined above), did unlawfully intercept, receive, publish, divulge, display, and/or
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`exhibit the Program at the time of its transmission at commercial establishment
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`located at 10826 Venice Boulevard, Culver City, CA 90232.
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`///
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` Page 8
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 9 of 18 Page ID #:9
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`24. Said unauthorized interception, reception, publication, exhibition, divulgence,
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`display, and/or exhibition by each of the Defendants was done willfully and for
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`purposes of direct and/or indirect commercial advantage and/or private financial gain.
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`25. Title 47 U.S.C. § 605(a), prohibits the unauthorized interception, receipt,
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`publication and use of communications, including satellite television signals, such as
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`the transmission of the Program for which Plaintiff Innovative Sports Management,
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`Inc., d/b/a Integrated Sports Media had the distribution rights thereto.
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`
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`26. By reason of the aforesaid mentioned conduct, the aforementioned Defendants,
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`and each of them, violated Title 47 U.S.C. Section 605, et seq., either directly or, in
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`the case of Defendants Claudio Montanari and Francisco Elfego Gonzalez,
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`contributorily or vicariously.
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`27. By reason of the Defendants’ violation of Title 47 U.S.C. Section 605, et seq.,
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`Plaintiff Innovative Sports Management, Inc., d/b/a Integrated Sports Media, has the
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`private right of action pursuant to Title 47 U.S.C. Section 605.
`
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`28. As the result of the aforementioned Defendants’ violation of Title 47 U.S.C.
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`Section 605, and pursuant to said Section 605, Plaintiff Innovative Sports
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`Management, Inc., d/b/a Integrated Sports Media, is entitled to the following from
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` Page 9
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 10 of 18 Page ID #:10
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`each Defendant:
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` (a)
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`Statutory damages for each violation in an amount to
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`$10,000.00 pursuant to Title 47 U.S.C. § 605(e)(3)(C)(i)(II);
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`(b)
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`Statutory damages for each willful violation in an amount to
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`$100,000.00 pursuant to Title 47 U.S.C. 605(e)(3)(C)(ii); and
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` (c) The recovery of full costs, including reasonable attorneys’ fees,
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`pursuant to Title 47 U.S.C. Section 605(e)(3)(B)(iii).
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`COUNT II
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`(Violation of Title 47 U.S.C. Section 553)
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`29. Plaintiff hereby incorporates by reference all of the allegations contained in
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`paragraphs 1-28, inclusive, as though set forth herein at length.
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`30.
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`47 U.S.C. § 553 prohibits the interception or receipt of communications offered
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`over a cable system absent specific authorization.
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`31. The unauthorized interception and receipt of the Program by the above named
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`Defendants was prohibited by Title 47 U.S.C. §553, et seq.
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`///
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`///
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 11 of 18 Page ID #:11
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`32. By reason of the aforesaid mentioned conduct, the aforementioned Defendants
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`violated Title 47 U.S.C. Section 553, et seq. either directly or, in the case of
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`Defendants Claudio Montanari and Francisco Elfego Gonzalez, contributorily or
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`vicariously.
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`33. By reason of the Defendants’ violation of Title 47 U.S.C. Section 553, et seq.,
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`Plaintiff Innovative Sports Management, Inc., d/b/a Integrated Sports Media, has the
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`private right of action pursuant to Title 47 U.S.C. Section 553.
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`
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`34. As the result of the aforementioned Defendants’ violation of Title 47 U.S.C.
`
`Section 553, Plaintiff Innovative Sports Management, Inc., d/b/a Integrated Sports
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`Media, is entitled to the following from each Defendant:
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`(a)
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`Statutory damages for each violation in an amount to
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`$10,000.00 pursuant to Title 47 U.S.C. § 553(c)(3)(A)(ii);
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`(b)
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`Statutory damages for each willful violation in an amount to
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`
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`$50,000.00 pursuant to Title 47 U.S.C. § 553(c)(3)(B);
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`(c)
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`The recovery of full costs pursuant to Title 47 U.S.C. § 553
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`(c)(2)(C); and
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`(d) In the discretion of this Honorable Court, reasonable attorneys’
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`
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`fees, pursuant to Title 47 U.S.C. § 553(c)(2)(C).
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 12 of 18 Page ID #:12
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`COUNT III
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`(Conversion)
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`35. Plaintiff hereby incorporates by reference all of the allegations contained in
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`paragraphs 1-34, inclusive, as though set forth herein at length.
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`36. By their aforesaid acts of interception, reception, publication, divulgence,
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`display, and/or exhibition of the Program at their commercial establishment at the
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`above-captioned address, the aforementioned Defendants, tortuously obtained
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`possession of the Program and wrongfully converted same for their own use and
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`benefit.
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`37. The aforesaid acts of the Defendants were willful, malicious, egregious, and
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`intentionally designed to harm Plaintiff Innovative Sports Management, Inc., d/b/a
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`Integrated Sports Media, by depriving Plaintiff of the commercial license fee to which
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`Plaintiff was rightfully entitled to receive from them, and in doing so, the Defendants
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`subjected the Plaintiff to severe economic distress and great financial loss.
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`
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`38. Accordingly, Plaintiff Innovative Sports Management, Inc., d/b/a Integrated
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`Sports Media, is entitled to both compensatory, as well as punitive and exemplary
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`damages, from aforementioned Defendants as the result of the Defendants’
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 13 of 18 Page ID #:13
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`egregious conduct, theft, and conversion of the Program and deliberate injury to
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`the Plaintiff.
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`COUNT IV
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`(Violation of California Business and Professions Code Section 17200, et seq.)
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`
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`39. Plaintiff hereby incorporates by reference all of the allegations contained in
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`Paragraphs 1-21, inclusive, as set forth herein at length.
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`
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`40. By contract, Plaintiff Innovative Sports Management, Inc., d/b/a Integrated
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`Sports Media, was granted exclusive domestic commercial exhibition closed-circuit
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`rights to the Program.
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`41. Plaintiff did not authorize transmission, interception, reception, divulgence,
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`exhibition, or display of the Program to the general public, persons at large, or to
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`the commercial establishment operated by the foregoing Defendants, or any of
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`them.
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`42. With full knowledge that the Program was not to be intercepted, received,
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`published, divulged, displayed, and/or exhibited by commercial entities unauthorized
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`to do so, the above named Defendants, either through direct action or through actions
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`of employees or agents directly imputable to Defendants by virtue of their respective
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 14 of 18 Page ID #:14
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`positions and authority, did unlawfully intercept, receive, publish, divulge, display,
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`and/or exhibit the Program at the real time transmission of the Program’s broadcast
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`at the commercial establishment, as more particularly indicated and identified above.
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`
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`43. Plaintiff is informed and believes and alleges thereon that the Defendants
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`and/or their agents, servants, workmen, or employees performed the aforementioned
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`acts knowingly, willfully and to confer a direct or indirect commercial advantage
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`and/or private financial gain to the Defendants, to the detriment and injury of Plaintiff
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`and its business enterprise as a commercial distributor and closed-circuit licensor of
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`sports and entertainment television programming.
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`
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`44. The Defendants’ unauthorized interception, publication, divulgence and/or
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`exhibition was done by the Defendants wantonly, recklessly, and without regard
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`whatsoever for the intellectual property rights of the Plaintiff.
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`
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`45. The aforementioned unlawful acts of each of the Defendants constituted
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`unlawful, untrue, fraudulent, predatory, unfair, and deceptive trade practices, and by
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`reason of the aforementioned conduct, the Defendants violated California and
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`Professions Code Section 17200, et seq.
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`///
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`///
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 15 of 18 Page ID #:15
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`46. As a proximate result of the aforementioned acts attributable to the Defendants,
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`Plaintiff has been permanently deprived of the patronage of current, previous and
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`potential customers of the sports and entertainment programming it licenses
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`commercially to the hospitality industry, all to its severe financial injury and loss in a
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`sum to be determined at trial.
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`47. By reason of the Defendants’ violation of California Business and Professions
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`Code Section 17200, et seq., Plaintiff Innovative Sports Management, Inc., d/b/a
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`Integrated Sports Media is entitled to restitution for its injuries, the disgorgement and
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`turn-over of the Defendants’ ill-gotten gains, as well as injunctive and declaratory
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`relief, as an alternative to any damages and relief that may be recoverable for Counts
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`I-III for which there is no adequate remedy at law, from the Defendants as may be
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`made more appropriately determined at trial.
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`48. Plaintiff is entitled to its attorneys’ fees from the Defendants for enforcing
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`California Business and Professions Code Section 17200 as it meets the standards of
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`a private attorney general as specifically and statutorily defined under California Civil
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`Procedure Section 1021.5.
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`WHEREFORE, Plaintiff prays for judgment as set forth below.
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`As to the First Count:
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` Page 15
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 16 of 18 Page ID #:16
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` 1.
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`For statutory damages in the amount of $110,000.00 against the
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`Defendants, and each of them;
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` 2.
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`For reasonable attorneys’ fees as mandated by statute;
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` 3.
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`For all costs of suit, including, but not limited to, filing fees, service of
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`
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`process fees, investigative costs; and
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` 4.
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`For such other and further relief as this Honorable Court may deem just
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`and proper.
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`As to the Second Count:
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`1.
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` For statutory damages in the amount of $60,000.00 against the
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` Defendants, and each of them;
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`2. For reasonable attorneys’ fees as may be awarded in the Court’s
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` discretion pursuant to statute;
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`3.
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` For all costs of suit, including, but not limited to, filing fees, service
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` of process fees, investigative costs; and
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` 4. For such other and further relief as this Honorable Court may deem just
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` and proper.
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`As to the Third Count:
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`1.
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`For compensatory damages in an amount according to proof against the
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`Defendants, and each of them;
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`For exemplary damages against the Defendants, and each of them;
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`For punitive damages against the Defendants, and each of them;
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` Page 16
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`2.
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`3.
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 17 of 18 Page ID #:17
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`4.
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`For reasonable attorneys’ fees as may be awarded in the Court’s
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`discretion pursuant to statute;
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`5.
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`For all costs of suit, including, but not limited to, filing fees, service of
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`process fee, investigative costs; and
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`6.
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`For such other and further relief as this Honorable Court may deem just
`
`and proper.
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`
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`As to the Fourth Count:
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`1.
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`For restitution to the Plaintiff in an amount according to and from the
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`Defendants, for their ill-gotten gains;
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`For declaratory relief;
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`For prohibitory and mandatory injunctive relief;
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`2.
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`3.
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` 4. For reasonable attorneys’ fees as may be awarded in the Court’s
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`
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`
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`discretion pursuant to statute;
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`5. For all costs of suit, including, but not limited to, filing fees, service
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`
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`6.
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`of process fees, investigative costs; and
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`For such other and further relief as this Honorable Court may deem just
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`and proper.
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`///
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`///
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`///
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`///
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` Page 17
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`Case 2:21-cv-07953-TJH-PLA Document 1 Filed 10/05/21 Page 18 of 18 Page ID #:18
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`Date: 10/5/2021
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`///
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`Respectfully submitted,
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`
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`
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`/s/Thomas P. Riley
`LAW OFFICES OF THOMAS P. RILEY, P.C.
`By: Thomas P. Riley
`Innovative Sports Management, Inc.,
`d/b/a Integrated Sports Media
`
`///
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`///
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`///
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`///
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`///
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`///
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`///
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`///
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`///
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`///
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`///
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`///
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`///
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`///
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`///
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`///
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` Page 18
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