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`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 1 of 27 Page ID #:1
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`Lawrence Hinkle (SBN 180551)
`lhinkle@sandersroberts.com
`Stephanie Jones Nojima (SBN 178453)
`sjonesnojima@sandersroberts.com
`Matthew Barzman (SBN 309063)
`mbarzman@sandersroberts.com
`SANDERS ROBERTS LLP
`1055 West 7th Street, Suite 3200
`Los Angeles, CA 90017
`Telephone: (213) 426-5000
`Facsimile: (213) 234-4581
`
`Attorneys for Plaintiffs
`HIDDEN EMPIRE HOLDINGS, LLC;
`HYPER ENGINE, LLC; AND DEON
`TAYLOR
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`
`
`HIDDEN EMPIRE HOLDINGS, LLC;
`a Delaware limited lability company;
`HYPER ENGINE, LLC; a California
`limited liability company; DEON
`TAYLOR, an individual,
`
`Plaintiffs,
`
`v.
`
`DARRICK ANGELONE, an individual;
`AONE CREATIVE, LLC formerly
`known as AONE ENTERTAINMENT
`LLC, a Florida limited liability
`company; ON CHAIN
`INNOVATIONS, LLC, a Florida
`limited liability company,
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`CASE NO.
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`COMPLAINT FOR
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`1. BREACH OF CONTRACT
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`2. VIOLATION OF FEDERAL
`COMPUTER FRAUD AND
`ABUSE ACT (18 U.S.C.
`§§1030(a)(2)(C) & (a)(5))
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`3. VIOLATION OF COMPUTER
`DATA ACCESS AND FRAUD
`ACT (CAL. PENAL CODE §
`502)
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`4. CONVERSION
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`5. COPYRIGHT
`INFRINGEMENT (17 U.S.C. §
`501)
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`
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`DEMAND FOR JURY TRIAL
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`- 1 -
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`COMPLAINT
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`Case No.:
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`Defendants.
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`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 2 of 27 Page ID #:2
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`I.
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`INTRODUCTION
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`1.
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`Defendant Darrick Angelone is a former information technology
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`contractor to Plaintiffs who, through the defendant corporate entities he owns, has
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`brazenly hijacked Plaintiffs’ corporate email, websites, domains and social media
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`accounts, effectively preventing Plaintiffs from using or controlling their own
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`intellectual property or running their businesses. Defendants further damaged
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`Plaintiffs by infringing on the valid copyright associated with Plaintiffs’ movie titled
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`“Fear” by using expressions from the film to create a video game and non functional
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`tokens (“NFTs”) for their own benefit and without a valid license to use fottage from
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`the film or exploit the unique characters in the film. Defendants AOne Creative, LLC
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`and On Chain Innovations, LLC are the companies owned by Darrick Angelone under
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`which he perpetrated the subject unlawful acts.
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`2.
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`Plaintiffs bring this action to stop defendants’ hijacking of their
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`intellectual property, stop defendants’ unlawful infringement of Plaintiffs’ protected
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`work, and to recover injunctive relief, damages, costs and attorneys fees, and other
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`available relief.
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`II. THE PARTIES
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`3.
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` Plaintiff Hidden Empire Holdings, LLC (“HEFG”) is a limited liability
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`company formed under the laws of the state of Delaware that does business in Los
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`Angeles, California. HEFG is an independent film studio that has produced numerous
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`successful movies that have been distributed nationally and internationally to critical
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`acclaim. HEFG has two members, Plaintiff Deon Taylor and his wife, Roxanne
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`Taylor, both of whom do business in Los Angeles County, California. HEFG also
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`produces “Black History in Two Minutes,” a series of brief episodes about the
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`African-American experience narrated by Henry Louis Gates, Jr. and published on
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`YouTube and Facebook. HEFG also has initiatives called BeWoke.Vote which aims
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`to encourage younger generations to vote and become educated about politics,
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`Together We Will Save Lives, where it partners with the Conference of National
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`- 2 -
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`COMPLAINT
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`Case No.:
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`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 3 of 27 Page ID #:3
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`Black Churches in philanthropic endeavors, and “The Black Chair Show” where Deon
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`Taylor interviews other celebrities about empowerment behaviors. HEFG also runs
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`the CLIMB Organization, a non-profit that mentors inner-city youth to help them
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`excel
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`and
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`pursue
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`their
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`dreams. HEFG’s website
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`address
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`is
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`www.hiddenempirefilmgroup.com (the “HEFG Website”).
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`4.
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`Plaintiff Hyper Engine LLC (“Hyper Engine”) is a limited liability
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`company formed under the laws of the State of California that does business in Los
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`Angeles, California. Hyper Engine is a branding and marketing agency that
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`specializes in reaching diverse audiences. Hyper Engine serves as the marketing
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`agency for HEFG as well as its films and initiatives. Plaintiff Deon Taylor is the
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`founding member of Hyper Engine and Roxanne Taylor manages its day-to-day
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`operations.
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`5.
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`HEFG, Hyper Engine and Deon Taylor hold the rights to prosecute this
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`action
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`to
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`recover
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`the
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`intellectual property
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`rights associated with
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`the
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`domains/websites/emails/social media properties that are the subject of this
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`Complaint.
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`6.
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`Plaintiffs HEFG and Hyper Engine maintain an office at 1657 12th Street,
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`Santa Monica, California, 90404.
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`7.
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`Plaintiff Deon Taylor (“Deon” or “Taylor”) is an individual who does
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`business in Los Angeles County, California. HEFG, Hyper Engine and Taylor are
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`sometimes collectively referred to herein as the “Plaintiffs.”
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`8.
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`Defendant Darrick Angelone (“Angelone”) is an individual. Plaintiffs
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`are informed and believe that Angelone resides in Los Angeles County, California.
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`Plaintiffs are further informed and believe that Angelone is a managing member of
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`Defendants AOne Creative LLC (“AOne”) and On Chain Innovations LLC (“On
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`Chain”) and at all times was acting as an agent, alter ego, or representative in doing
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`all of the acts described herein and acting within the course and scope of such agency,
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`alter ego, or representative capacity.
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`- 3 -
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`COMPLAINT
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`Case No.:
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`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 4 of 27 Page ID #:4
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`9.
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`Plaintiffs further allege that Angelone used AOne and On Chain as a
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`shield to perpetrate the wrongful and illegal acts alleged herein, and there is such unity
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`of interest and ownership between them that separate personalities of Angelone,
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`AOne and OnChain do not in reality exist.
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`10.
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`If the wrongful acts in question are treated only as those of AOne and
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`On Chain alone, an inequitable result will occur because Angelone is solely
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`responsible for the wrongful and illegal acts alleged herein.
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`11. Defendant AOne was formerly known as AOne Entertainment, LLC and
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`is a limited liability company formed under the laws of Florida. Plaintiffs are
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`informed and believe that Angelone and his wife Laura Angelone are the sole
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`members of AOne. AOne does business in Los Angeles County, California.
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`12. Defendant On Chain is a limited liability company formed under the laws
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`of Florida. Plaintiffs are informed and believe that Angelone is the sole member and
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`manager of On Chain. On Chain does business in Los Angeles County, California.
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`Plaintiffs are further informed and believe that Angelone created Defendant On Chain
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`for the sole purpose of infringing on HEFG’s valid trademarks associated with
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`HEFG’s movie titled “Fear” (the “Fear Movie”). Angelone, AOne and On Chain
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`are collectively referred to herein as the “Defendants.”
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`III. JURISDICTION AND VENUE
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`13. This Court has subject-matter jurisdiction over this action under 28
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`U.S.C. § 1331 and 17 U.S.C. § 501 because Plaintiffs allege that Defendants violated
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`the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and infringed on their valid
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`copyrights associated with the Fear Movie. This Court has supplemental jurisdiction
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`over Plaintiffs’ state law claims under 28 U.S.C. § 1367.
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`14. The Court has personal jurisdiction over all Defendants because they
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`conduct business in California and have contacts with the state that are continuous,
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`systematic, and purposeful such that they are each subject to the personal jurisdiction
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`of this Court.
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`- 4 -
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`COMPLAINT
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`Case No.:
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`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 5 of 27 Page ID #:5
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`15. Venue is proper in this district under 28 U.S.C. § 1391(b)(2), in that a
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`substantial part of the events or omissions giving rise to the claim occurred in this
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`judicial district.
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`IV. STATEMENT OF FACTS
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`A. The Parties’ Independent Contractor Agreement
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`16.
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` On or about April 26, 2012, HEFG entity Hidden Empire Film Group
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`LLC entered into a written agreement with AOne Creative’s predecessor in interest,
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`AOne Entertainment LLC (the “2012 Agreement”). Through the 2012 Agreement,
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`signed by Angelone on behalf of AOne, HEFG engaged AOne as an independent
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`contractor to design, develop and manage HEFG’s websites and related media
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`properties. Prior to filing this action, Hidden Empire Film Group, LLC assigned all
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`of its rights and obligations in connection with the 2012 Agreement to HEFG.
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`17. The 2012 Agreement expressly provides that (a) AOne would be paid a
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`fee not to exceed $25,000, for Angelone’s services in connection with the design and
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`development of two HEFG websites; (b) HEFG would retain all rights in and to any
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`resulting intellectual property; and (c) all such HEFG intellectual property should be
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`turned over by Angelone/AOne immediately upon demand by HEFG. Paragraph 11
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`of the 2012 Agreement, which addresses HEFG’s intellectual property rights, states
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`as follows:
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`All processes, improvements, formulations, ideas, inventions,
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`designs and discoveries, whether patentable or not (collectively
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`"Discoveries") and all patents, copyrights, trademarks, and other
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`intangible rights (collectively "Intellectual Property Rights") that
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`may be conceived, developed, expressed, or stated by Developer,
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`either alone or with others, during the term in connection with or
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`related to Developer’s performances of Services hereunder shall
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`be the sole property of the Client. Developer shall take all action
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`and execute and deliver all agreements, assignments and other
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`- 5 -
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`COMPLAINT
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`Case No.:
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`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 6 of 27 Page ID #:6
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`documents, including, without limitation, all patent, copyright,
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`and trademark applications and assignments, requested by the
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`Client to establish the Client's rights under this paragraph and to
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`vest in the Client title to all Discoveries and Intellectual Property
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`Rights which are the property of the Client under this paragraph.
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`The Client does not grant any license to Developer to the Client’s
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`technology and Confidential Information (as defined herein) or
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`any of the Client’s trademarks, copyrights, patents, or trade
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`secrets, provided however that the Client grants to Developer a
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`non-exclusive license to use the Client’s registered trademarks to
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`provide the services during the term. Developer acknowledges
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`that the Client’s intellectual property remains the exclusive
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`property of the Client. At no time shall Developer own or register
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`for its own benefit or otherwise acquire any rights in the domain
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`names
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`www.lmaocomedyseries.com
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`or
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`www.hiddenempirefilmgroup.com, or any simulations or related
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`domains thereto. To the extent Developer is provided with access
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`thereto or is designated as administrative or technical contact, it
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`shall be for the benefit of Client hereunder and not for the benefit
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`of Developer and any such designations shall be immediately
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`returned or changed to such individuals or entities as are
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`designed by Client upon Client making such demand.”
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`18.
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`In the 2012 Agreement, AOne further agreed that: (a) modifications of
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`the terms of this contract must be written and authorized by both parties; (b) either
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`party could terminate this Agreement by giving 30 days written notice to the other of
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`such termination; and (c) AOne and HEFG are independent parties and nothing in the
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`contract shall constitute either party as the employer, principal or partner of or joint
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`venture with the other party.
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`COMPLAINT
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`Case No.:
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`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 7 of 27 Page ID #:7
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`19. From 2012 through 2022, AOne provided a variety of information
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`technology services to HEFG and its films and initiatives, to Hyper Engine and to
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`Taylor and other representatives of HEFG. The types of services AOne provided
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`included the following: hosting the domains of HEFG and its related entities and
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`Hyper Engine and making sure the domain registrations are current; design,
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`development and maintenance of the HEFG and Hyper Engine websites; maintaining
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`and renewing the registrations for the HEFG Google workspace accounts used for
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`HEFG emails, contacts, calendars, etc.; maintaining the servers that host the HEFG
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`websites; creating social profiles for, posting content on and managing the social
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`media accounts (Instagram, Facebook, Twitter, Linkedin) of HEFG, the HEFG
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`initiatives and the personal accounts of certain HEFG personnel; publishing Hyper
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`Engine content on YouTube, Instagram and Facebook; copywriting; managing paid
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`digital media campaigns and handling digital marketing campaigns for HEFG film
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`releases.
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`20. AOne served as an independent contractor for HEFG, Hyper Engine and
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`Taylor while performing the foregoing services. Angelone has never been an
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`employee, member, investor, partner or owner of HEFG, its affiliated entities, or
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`Hyper Engine.
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`21. All of the services provided by AOne outside of the scope of work of the
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`2012 Agreement over the years were agreed upon by the parties in each instance,
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`based on a rate card provided by AOne.
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`22. Any time services were provided by AOne, it would send an invoice to
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`HEFG personnel that set forth in detail the work performed and the amount of the fee
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`charged. HEFG has paid in full all of the invoices it has received from AOne.
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`Plaintiffs are informed and believe that there are no services AOne performed for
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`HEFG, its affiliated entities, Hyper Engine or any HEFG personnel for which it has
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`not received payment in full.
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`///
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`- 7 -
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`COMPLAINT
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`Case No.:
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`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 8 of 27 Page ID #:8
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`B. The HEFG Domain And The HEFG GoDaddy/Namecheap
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`Accounts
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`23.
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`In or about
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`June 11, 2011, HEFG
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`secured
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`the domain
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`hiddenempirefilmgroup.com (the “HEFG Domain”) through GoDaddy, a domain
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`registrar and web hosting company. Roxanne Taylor created HEFG’s login
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`credentials (e.g., username and password) for a GoDaddy account (the “HEFG
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`GoDaddy Account”) that hosted the HEFG Domain.
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`24. Since securing the HEFG Domain, HEFG has been the owner of it, and
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`it has never agreed to sell, transfer or assign said domain to any other person or non-
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`HEFG entity. Neither Angelone nor AOne ever obtained an ownership interest in the
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`HEFG Domain or the HEFG GoDaddy Account.
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`25.
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`In late 2012, Angelone requested and was provided the login credentials
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`for the HEFG Domain to perform his website development work under the 2012
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`Agreement, including the creation of the HEFG Website. Since 2012, AOne has
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`remained in possession of the login credentials to access and control the HEFG
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`GoDaddy Account.
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`26. At Angelone’s urging, HEFG later transferred the HEFG Domain from
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`the HEFG GoDaddy Account to an HEFG account with a company called Namecheap
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`(the “HEFG Namecheap Account”). Namecheap is another domain name registrar
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`providing domain name registration and web hosting. Since creating the HEFG
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`Website and managing the HEFG Domain, Angelone, through AOne, has made
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`further made changes and updates to the HEFG Website and has been the only
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`company managing said website.
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`27. Unbeknownst to HEFG and without its authorization, Angelone and
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`AOne registered the HEFG Namecheap Account in AOne’s name and, despite
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`repeated demands they have refused to provide the current login credentials for the
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`HEFG Namecheap Account to anyone at HEFG.
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`28.
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` Since Angelone registered the HEFG Domain in AOne’s own name on
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`COMPLAINT
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`Case No.:
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`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 9 of 27 Page ID #:9
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`Namecheap, HEFG has been unable to recover its domain credentials from
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`Namecheap.
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`C. Angelone Starts To Manage All Of The Domains Owned By
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`HEFG, Hyper Engine And HEFG Personnel
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`29.
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`In late 2014, Angelone convinced HEFG to allow AOne to manage all
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`of the HEFG domains (including domains related to the company name and its various
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`businesses as well as its films and initiatives) and the domains for Hyper Engine and
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`HEFG personnel (collectively, the “Domains”).
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`30. Since 2014, AOne has been responsible securing and/or managing on
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`HEFG’s behalf various domains using a variation of the HEFG name including the
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`following Domains:
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`a.
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`b.
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`c.
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`d.
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`e.
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`f.
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`g.
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`h.
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`i.
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`j.
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`k.
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`l.
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`hiddenempirefilmgroup.com
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`hiddenempirefilms.com
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`hiddenempiremediagroup.com
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`hiddenempiremedia.com
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`hiddenempirereleasing.com
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`hiddenempireproductions.com
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`hiddenempire.productions
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`hiddenempire.media
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`hiddenempiremedia.group
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`hiddenempire.studio
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`hiddenempire.org
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`hiddenempireentertainment.com
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`m.
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`foreveryoungfabrics.com
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`n.
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`o.
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`p.
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`hiddenempirestudios.com
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`hefg.com
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`hiddenempire.productions
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`31. Since 2014, AOne has also been responsible for securing and/or
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`COMPLAINT
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`Case No.:
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`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 10 of 27 Page ID #:10
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`6
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`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`managing numerous domains related to HEFG films. Those HEFG films and the
`
`corresponding Domains are as follows:
`
`a.
`
`b.
`
`c.
`
`d.
`
`“Fatale” – fatale.movie
`
`“Intruder” - theintruder.movie
`
`“Traffik” – traffik.movie and traffikmovie.com
`
`“Meet
`
`the Blacks”
`
`– meettheblacksmovie.com
`
`and
`
`meettheblacksthemovie.com
`
`e.
`
`“The House Next Door: Meet
`
`the Blacks 2”
`
`–
`
`thehousenextdoor.movie
`
`f.
`
`g.
`
`h.
`
`i.
`
`“Supremacy” – supremacyfilm.com and supremacymovie.com
`
`“Fear” - fear.movie and fearthemovie.com
`
`“Free Agents” - freeagantsmovie.com and freeagents.movie
`
`“Hoop 2” - hoop2film.com and hooptofilm.com
`
`32. Since 2014, AOne has also been responsible for securing and/or
`
`15
`
`managing the domains based on the names of HEFG personnel including the
`
`16
`
`following Domains:
`
`17
`
`a.
`
` Deon Taylor (HEFG co-founder) – deontaylor.com and
`
`18
`
`deontaylorfilms.com
`
`19
`
`20
`
`b.
`
` Roxanne Avent Taylor (HEFG co-founder) – Aventviii.com.
`
`33. Since 2014, AOne has been responsible for securing and/or managing
`
`21
`
`the domains related to HEFG initiatives including the following Domains:
`
`22
`
`23
`
`24
`
`25
`
`26
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
` Facts Not Politics – factsnotpolitics.com and factsnotpolitics.org
`
` Climb – climborganization.org, climb.org and climb.network
`
`Blackchairshow.com
`
`Blackhistoryintwominutes.com
`
`2getherwesavelives.com,togetherwewillsavelives.com,
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`27
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`togetherwewillsavelives.com,togetherwewillsavelives.org,and
`
`28
`
`2getherwewillsavelives.com
`
`
`
`
`
`- 10 -
`
`COMPLAINT
`
`
`
`
`Case No.:
`
`

`

`
`
`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 11 of 27 Page ID #:11
`
`
`
`
`
`
`
`f.
`
`Be.woke.vote
`
`34. Since 2014, AOne has been responsible for managing the Domains for
`
`Hyper Engine including: hyperenginellc.com and hyperengine.ai.
`
`35. The foregoing Domains were either registered by HEFG itself or HEFG
`
`requested that AOne register them on HEFG’s behalf and in HEFG’s name.
`
`36. For example, in August 2021, HEFG representative Quincy Newell
`
`instructed Angelone to secure the following Domains on behalf of HEFG in
`
`anticipation of a potential brand refresh of the company business portfolio:
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
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`8
`
`9
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`10
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`hiddenempiremediagroup.com;hiddenempiremedia.com,
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`11
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`hiddenempirereleasing.com, hiddenempireproductions.com,
`
`12
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`hiddenempire.productions, hiddenempire.media, hiddenempiremedia.group,
`
`13
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`hiddenempire.studio and hiddenempire.org. In an August 6, 2021 email, Angelone
`
`14
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`confirmed that he had secured all of those domains for HEFG. HEFG has paid for
`
`15
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`all of the costs associated with securing and maintaining those Domains, and all of
`
`16
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`the other Domains AOne has secured and/or maintained on HEFG’s behalf.
`
`17
`
`18
`
`19
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`D. Angelone’s Acknowledgment That The Domains Belong To
`
`HEFG
`
`37. On July 6, 2018, Angelone transmitted a spreadsheet with all of the
`
`20
`
`HEFG related domain and social media accounts as well as the corresponding
`
`21
`
`passwords for those. accounts to HEFG representatives Deon and Roxanne Taylor.
`
`22
`
`In that communication, Angelone acknowledged that the HEFG related Domains and
`
`23
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`social media accounts belong to HEFG, not AOne. Angelone further acknowledged
`
`24
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`in said email the harm that could occur to HEFG’s business if “someone with access
`
`25
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`changes the passwords, email credentials, with malicious intent.”
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`26
`
`38. No HEFG representative has ever agreed that Angelone or AOne could
`
`27
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`own any of the HEFG related Domain or social media or web hosting accounts and
`
`28
`
`there has never been a transfer of ownership of those assets to AOne or Angelone.
`
`
`
`
`
`- 11 -
`
`COMPLAINT
`
`
`
`
`Case No.:
`
`

`

`
`
`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 12 of 27 Page ID #:12
`
`
`
`
`
`1
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`2
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`3
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`4
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`5
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`6
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`7
`
`8
`
`9
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`39. As yet another example, in 2018, Angelone provided marketing services
`
`to HEFG and Lionsgate in connection with the release of HEFG’s movie titled
`
`“Traffik.” A dispute arose between Lionsgate and AOne that implicated HEFG and
`
`required that all three parties enter into a settlement agreement. In a July 19, 2018
`
`email exchange with Deon and Roxanne Taylor concerning settlement of that matter,
`
`Angelone again acknowledged that AOne was merely a vendor (as opposed to an
`
`owner) providing IT services to HEFG such as managing HEFG’s Domains, the
`
`HEFG Google Account and HEFG’s Social Media accounts.
`
`40.
`
`In an April 22, 2022 email to Deon and Roxanne Taylor discussing
`
`10
`
`marketing for the Fear Movie, Angelone again acknowledged that AOne has always
`
`11
`
`served as a vendor to HEFG, as opposed to being an owner of the subject assets. In
`
`12
`
`that email he stated: “[w]e are not looking for a financial commitment at this time and
`
`13
`
`indeed HEFG has almost always engaged AONE when the time came and we are very
`
`14
`
`familiar with the processes of HEFG…we are only looking for a commitment to be
`
`15
`
`that vendor when the time comes for this project.”
`
`16
`
`17
`
`18
`
`E. Angelone “Locks Out” HEFG, Hyper Engine And HEFG
`
`Personnel From Being Able To Access The Domains
`
`41. AOne’s process for securing and/or maintaining the Domains on HEFG
`
`19
`
`and Hyper Engine’s behalf included AOne advancing the costs owed to Namecheap
`
`20
`
`for securing and maintaining the Domains. After AOne advanced those costs, it sent
`
`21
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`an invoice to HEFG seeking reimbursement of those costs which invoice was then
`
`22
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`paid by HEFG. HEFG has always been responsible for payment of, and has actually
`
`23
`
`paid for, registering and maintaining (e.g., payment of renewal fees) all of the
`
`24
`
`Domains.
`
`25
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`42.
`
`In August 2022, HEFG discovered that Angelone had “locked out” all
`
`26
`
`HEFG personnel from being able to access all of the Domains by changing the login
`
`27
`
`credentials (i.e., usernames and passwords). This has severely frustrated and damaged
`
`28
`
`HEFG and Hyper Engine’s ability to conduct its business.
`
`
`
`
`
`- 12 -
`
`COMPLAINT
`
`
`
`
`Case No.:
`
`

`

`
`
`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 13 of 27 Page ID #:13
`
`
`
`
`
`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`9
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`43.
`
`In attempting to restore access to the Domains, HEFG and Hyper Engine
`
`representatives engaged Angelone and his outside counsel, Darryl Thompson, Esq.,
`
`in discussions to determine why Angelone locked them out and how to get Angelone
`
`to restore their access to the Domains and provide the login credentials.
`
`44. At that time, Angelone represented to HEFG that access to the Domains
`
`would be restored and the credentials would be provided if AOne’s outstanding
`
`invoices were paid. In written communications, Angelone’s counsel, Mr. Thompson,
`
`confirmed that access would be restored if the invoices were paid.
`
`45. Relying on Angelone’s promises, HEFG paid in full all of the invoices
`
`10
`
`Angelone claimed were outstanding. However, Angelone then reneged on his
`
`11
`
`promises by failing and refusing to restore HEFG’s access and provide to HEFG the
`
`12
`
`login credentials to the Domains.
`
`13
`
`46.
`
` Mr. Thompson subsequently re-confirmed that the access and login
`
`14
`
`credentials should be provided by Angelone. Shortly thereafter, Mr. Thompson
`
`15
`
`resigned as counsel for Angelone and AOne. Angelone then retained another lawyer,
`
`16
`
`JT Fox, Esq. During subsequent discussions between Mr. Fox and counsel for
`
`17
`
`Plaintiffs, Mr. Fox represented that Angelone would restore HEFG’s access to the
`
`18
`
`HEFG Domains and turn over the login credentials. However, Angelone has
`
`19
`
`continued to refuse to restore HEFG’s access and turn over the login credentials to
`
`20
`
`the Domains.
`
`21
`
`22
`
`23
`
`F. AOne Obtains Control Of The HEFG Google Account And
`
`Email System
`
`47. Several years ago, Angelone set up HEFG’s corporate email system
`
`24
`
`using the Google Workspace (formerly GSuite) tied to the HEFG Domain (the
`
`25
`
`“HEFG Google Account”). As part of AOne setting up the HEFG Google Account,
`
`26
`
`Angelone obtained the login credentials to HEFG’s Google Account so he could
`
`27
`
`complete the set up and deployment of the HEFG personnel email addresses on
`
`28
`
`HEFG’s behalf. At that point, Angelone provided Roxanne Taylor with the HEFG
`
`
`
`
`
`- 13 -
`
`COMPLAINT
`
`
`
`
`Case No.:
`
`

`

`
`
`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 14 of 27 Page ID #:14
`
`
`
`
`
`Google Account login credentials.
`
`48. After setting up the HEFG Google Account, Angelone created individual
`
`email accounts for HEFG personnel and its support team using the HEFG Domain.
`
`All of the HEFG email addresses are tied to the HEFG Domain and the HEFG Google
`
`Account.
`
`49. Each individual HEFG email account has been regularly used by HEFG
`
`personnel to conduct HEFG business. Said email accounts have served as the primary
`
`method of communicating amongst HEFG personnel and between HEFG personnel
`
`and non-HEFG individuals and companies about HEFG business. HEFG personnel
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`also circulate banking and financial information through their HEFG email accounts,
`
`11
`
`and use their HEFG Google account to store and manage important files like contracts
`
`12
`
`for various HEFG projects.
`
`13
`
`50. At some point unknown to HEFG, Angelone changed the login
`
`14
`
`credentials to the HEFG Google Account and he has not provided the new login
`
`15
`
`credentials to HEFG.
`
`16
`
`17
`
`18
`
`G. Angelone “Locks Out” HEFG Personnel From Being Able To
`
`Use The HEFG Email And HEFG Google Account
`
`51. On or about August 7, 2022, HEFG discovered that Angelone had
`
`19
`
`“locked out” all HEFG personnel from being able to access, send, or receive HEFG
`
`20
`
`emails or control and use the HEFG Google Account.
`
`21
`
`52. From August 7, 2022 to the present, HEFG personnel have been unable
`
`22
`
`to access emails previously sent to their email accounts, write or receive new emails,
`
`23
`
`access any documents in their email accounts (e.g., contracts), or otherwise access
`
`24
`
`any other information stored in HEFG emails or Google Account.
`
`25
`
`53. Since learning that Angelone “locked out” HEFG personnel from their
`
`26
`
`emails, representatives of HEFG have made repeated demands that Angelone
`
`27
`
`“unlock” the emails so that HEFG personnel could access their email accounts and
`
`28
`
`turn over to HEFG the pertinent login credentials for the HEFG Google Account that
`
`
`
`
`
`- 14 -
`
`COMPLAINT
`
`
`
`
`Case No.:
`
`

`

`
`
`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 15 of 27 Page ID #:15
`
`
`
`
`
`1
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`2
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`3
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`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`would allow for HEFG to take over control of and use its email system. Despite
`
`repeated demands by HEFG, and representations from Angelone’s counsel that access
`
`would be restored, Angelone has refused to provide any of the login credentials to
`
`HEFG or restore email access to any HEFG personnel.
`
`54. Angleone’s actions of shutting off HEFG’s email access and refusing to
`
`turn over the HEFG Google Account credentials have severely frustrated and
`
`damaged HEFG’s ability to conduct its business, and caused it to lose out on important
`
`business opportunities.
`
`H. Angelone’s Management Of All Of The Social Media Accounts
`
`Owned By HEFG, Hyper Engine And HEFG Personnel
`
`55.
`
`In or around December 2014, Angelone convinced HEFG to create and
`
`12
`
`allow AOne to manage the social media accounts for HEFG, Hyper Engine and the
`
`13
`
`HEFG films and initiatives.
`
`14
`
`56.
`
` On October 22, 2015, Roxanne Taylor provided Angelone with the log-
`
`15
`
`in credentials (i.e., usernames and passwords) for several social media accounts
`
`16
`
`owned by HEFG, which Angelone then began managing.
`
`17
`
`18
`
`57. HEFG currently owns the following social media accounts:
`
`a.
`
`hiddenempirefilmgroup (related
`
`to
`
`the HEFG company name)–
`
`19
`
`Facebook, Instagram, Twitter and Linkedin
`
`20
`
`b. Blackhistoryintwominutes (related to a HEFG production) – Facebook,
`
`21
`
`Instagram, YouTube, Apple Podcast, Twitter and Linkedin.
`
`22
`
`c.
`
`Be.Woke.Vote (related to a HEFG initiative) – Facebook, Instagram,
`
`23
`
`YouTube, Twitter.
`
`24
`
`d.
`
`Climb.organization (related to a HEFG initiative) - Facebook, Instagram,
`
`25
`
`YouTube, Twitter.
`
`26
`
`e.
`
`Fear.movie (related to a HEFG film) - Facebook, Instagram, YouTube,
`
`27
`
`Twitter.
`
`28
`
`
`
`f.
`
`Fatalemovie (related to a HEFG film) - Facebook, Instagram, YouTube,
`
`
`
`- 15 -
`
`COMPLAINT
`
`
`
`
`Case No.:
`
`

`

`
`
`Case 2:22-cv-06515-RSWL-AGR Document 1 Filed 09/12/22 Page 16 of 27 Page ID #:16
`
`
`
`
`
`Twitter.
`
`g. Meet_the_blacks (related to a HEFG film) - Facebook, Instagram,
`
`YouTube, Twitter.
`
`h.
`
`Theintrudermovie (related to a HEFG film) - Facebook, Instagram,
`
`YouTube, Twitter.
`
`i.
`
`Traffikmovie (related to a HEFG film) - Facebook, Instagram, YouTube,
`
`Twitter.
`
`j.
`
`Supremacy.movie (related to a HEFG film) - Facebook, Instagram,
`
`YouTube, Twitter. The foregoing are collectively referred to herein as the “HEFG
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`Social Media Accounts”).
`
`11
`
`58. Each of the foregoing HEFG Social Media Accounts have login
`
`12
`
`credentials (i.e., usernames and passwords) as well as administrator rights credentials.
`
`13
`
`HEFG has either provided to AOne or AOne has created all of the credentials
`
`14
`
`necessary to access and control said social media accounts.
`
`15
`
`16
`
`17
`
`18
`
`I. Angelone Has “Locked Out” HEFG, Hyper Engine And
`
`HEFG Personnel From Being Able To Access The HEFG
`
`Social Media Accounts
`
`59. At some point unknown to HEFG, Angelone changed the login
`
`19
`
`credentials for all of the HEFG Social Media Accounts