° © FLEA 1 || LAW OFFICES OF JOSEPH E. PORTER III ia eae ia JOSEPH E. PORTER Ill (SBN 51350) 2 |/206 3rd suet NOV 07 2003 Seal Beach, CA 90740 SOHN A, CLARK 3 || Telephone: (562) 493-3940 3 ene 4 | Fssimile: 02) 493-3670 wy 8 axe thiny Attorneys for Plaintiff Darrin Ebron 7 a7 case asst Oe 6 qr suds? os He ss oo 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 80305725 11 || DARRIN EBRON, an Individual, Case No. R Plaintis, COMPLAINT FOR DAMAGES : (Penal Code § 632) 1 .. 14 | TAMARA MONTANA, an Individual: JOTE, BINNS, an Individual; KEITH A. FINK, an 15 || Individual: and DOES | through 5, Inclusive, 16 Defendants. 17 18 19 The Parties 20 1. Plaintiff Darrin Ebron is an individual doing business in Los Angeles County, 21 || California. 2 2. Defendant Tamara Montana is an iridividual doing business in Los Angeles @ 23 || California, Tamara Montana committed illegal acts causing injury to Plaintiff, which acté Zes 24 || committed in Los Angeles County, California. 25) 3. Defendant Joie Binns is an individual and, at all times mentioned herei 26 "|| Los Angeles County. California, oF: 4. 28.| of Los Angeles County, California. 1 ‘Complaintv Cer anew 5. Plaimiff'is uncertain of the true names and capacities of those parties sued by the fictitious names Does | through 5, who were also responsible and liable for the injuries herein alleged and proximately caused damage to Plaintiff. Plaintiff will amend this Complaint to add the true names and capacities of the Does when they become known. 6. Venue is proper in this District because the wrongs complained of occurred within this District. Allegations 7. On or about July!4, 2002, Joie Binns (“Binns”) and Tamara Montana (“Montana”) arranged a meeting at Ms. Montana’s residence in Los Angeles, California with Plaintiff to discuss a matter. confidentially, which Binns represented to plaintiff was too personal and serious to discuss over the telephone 8. Plaintiff'in fact met Ms. Binns and Ms. Montana at Ms. Montana’s residence, and engaged in a conversation which he understood was confidential as between the three of them. 9. Ms. Montana secretly recorded the conversation, without advising Plaintiff, in order to collect evidence for a legal action which Ms. Binns intended to file. Ms. Binns had set up the meeting after conferring with her attomey. with the intention to provide the evidence obtained to the attomey prosecuting the legal action, attorney Keith A. Fink. On information and belief, Mr. Fink aided and abetted the illegal recording of the meeting. 10. The tape recording was transcribed by the offices of attorney Keith A. Fink. 11. Within two weeks after the illegal tape recording was made, on or about July 29, 2002, Mr. Fink demanded payment of monies on threat of publicizing statements allegedly made by Plaintiff in the confidential conversation illegally tape recorded on July 4, 2002. 12. Onor about August 13, 2002, Mr. Fink repeated his threat and stated, “I look forward to publicizing Darrin’s [Plaintiff's] taped conversations.” again alluding to the confidential conversation illegally tape recorded on July14, 2002. In or about October, 2003 on the eve of the scheduled trial in this matter, Mr. Fink disclosed the illegally recorded tape to the press in furtherance of his scheme to extort money. 2 ‘Complaint1 13. Plaintiff did not become aware that any physical tape of the July14, 2002 conversati wo genuinely existed until on or about July 2003, when such tape recording was for the first time produced to Plaintift’s agents. FIRST CAUSE OF ACTION Viol: n of Cali nia Penal Code § 632 (by Darrin Ebron against Tamara Montana, Joie Binns, Keith A. Fink and Does 1-5) 14, Plaintiff repeats and incorporates herein the allegations contained in paragraphs 1 through 12 of this Complaint. Ce aan ew 15, Plaintift had a reasonable expectation of privacy in the conversation which he had with 10 |] Ms. Binns and Ms. Montana on or about July14, 2002. The conversation was recorded without his LL || knowledge or consent, in violation of law. Ms. Montana illegally recorded the conversation. On 12 || information and belief, she was aided and abetted in this illegal act by Joie Binns, Keith A. Fink, and 13 |] Does 1-5. 14 16. Plaintiff’ has been damaged as a result of each of the defendants” unlawful conduct, in 15 |]amounts to be proven at trial. Each of the defendants" conduct was willful. knowing, and malicious, 16 |} and conducted with an actual intent to injure Plaintiff, entitling Plainti to punitive damages in 17 || amounts to be proven at trial. Plaintif¥ is also entitled to statutory damages according to law. 18 PRAYER FOR RELIEF 19 WHEREFORE, Plaintiff prays for judgment against Defendants and relief on Plaintiff's claim 20 ||as follows: 21 1, For the greater of the statutory damages allowed under California Penal Code § 632 or the actual damages according to proof at trial, against each Defendant: 2 2. Forpunitive and exemplary damages in an amount to be established at tial; 24 For pre- and post-judgment interest on all sums due; and 28, For such other and further relief as the court may deem proper and just. 26 7 28 Complaint