2 3

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Attorneys for Plaintiff, DELBERT W. SHAW

MAR26 lOll

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SUPERIOR

COURT OF THE STATE OF CALIFORNIA DISTRICT - UNLIMITED

FOil TUE COUNTY OF LOS ANGELES, CENTRAL

10
II

DELBERT W. SHAW, an Individual; Plaintiff,
vs,

BC481516
CASE NO.

12
13 14

PLAINTIFF DELBERT W. SHAW'S COMPLAINT FOR DAMAGES FOR:
1. ASSAULT & BATTERY

15
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BRIAN AUSTIN GREEN, an Individual; MEGAN FOX, an Individual; and DOES I through 50 inclusive, Defendant.

17 If! 19

2. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 3. CONVERSION
4. FALSE IMPRISONMENT

20
21

5. CONSPI RACY
6. NEGLIGENCE

22
23 24
25
Carpenter,
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Plaintiff, DELBERT SHA W, alleges as follows: GENERAL ALLEGATIONS I.

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Plaintiff, DELBERT W. SHAW ("Plaintiff SHAW"), is, and at all timc!h~l~ll~ mentioned was, an individual residing in Maui County in the Stat~f
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Defendant. BRIAN AUSTIN GREEN ("Defendant

GREEN"),

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herein mentioned was, an individual residing in the County of Los Anf:,,sI6i!;, tate S
1

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Pluinti

rr DELBERT W. SI-IAW's Complaint for

Damages

of California,
2 3

3.

Defendant, MEGAN FOX ("Defendant FOX"), is, and at all times herein mentioned was, an individual residing in the County of Los Angeles, State of California.

4

5
6 7

4,

Defendants GREEN and FOX are, and at all times herein mentioned were, husband and wife. Both defendants are celebrity actors and public figures.

5,

The incidents giving rise to the subject action occurred at or near the Four Seasons Resort Hualalai at Historic Ka 'upulehu located at 72-100 Ka 'upulehu Drive, Kailua Kana, Hawaii 96740.

s
9
10

6.

The true names and capacities of defendants sued herein as Does 1 through 50, inclusive, are unknown to Plaintiff SHAW, who therefore sues such defendants

11
·12
13

by such fictitious names pursuant to Code of Civil Procedure § 474. Plaintiff
SHA W is informed and believes, and thereon alleges, that each of the fictitiously named defendants is responsible in some manner for the occurrences alleged and that Plaintiff SHA W' s damages were proximately caused by those defendants. Plaintiff SHAW will seek permission of this court to amend this complaint to show such true names and capacities when they have been determined, 7. Each reference in this complaint to "Defendant," "Defendants" or a specifically

14 15
16 17 18 19 20

named defendant shall include reference to all defendants, including fictitiously named defendants. 8. Plaintiff SHAW is informed and believes, and thereon alleges, that at all times relevant hereto, each defendant was the officer, director, owner, managing agent, agent, employee, or employer of each of the co-defendants and in doing the acts hereinafter mentioned, each defendant was acting within the scope of its authority and as such officer, director, owner, managing agent, agent, employee or employer with the permission and consent of the co-defendants, and that said acts of each defendant were ratified by said defendant's /Ii
2 Plaintiff DELBERT W. SHA W's Complaint for Damages

21
22

23
24 25
Carpenter, Zuc,,!,nnan,
&. Rb'wlcy, ·I~.

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co-defendants.

FIRST CAUSE OF ACTION
2 3 4 5
6 7

ASSAULT AND BATTERY (Against Defendants GREEN and DOES 1 through 50)

9.

Plaintiff SHA W re-alleges each and every allegation contained in paragraphs

1

through 8 and by this reference incorporates said paragraphs as though fully set forth herein. 10. On or about December 18, 2010, Plaintiff SHA W was lawfully on a public beach ncar the premises of the Four Seasons Resort in Hualalai, Hawaii, and engaged in his profession by, inter alia, taking photographs for commercial sale. 11. Defendants GREEN and FOX were clad in bathing suits and were walking along the beach and swimming in the ocean when Plaintiff SHA Wand other photographers
12.

8
9

of Defendants GREEN and FOX

10
11 12 13 \4 15 16

began taking pictures.

Defendants GREEN and FOX then became infuriated and began both verbally

assaulting and threatening Plaintiff SHAW. 13. As Plaintiff SHAW attempted to ease the hostility and aggression, FOX grew more irrate. 14. Defendant FOX then yelled at Defendant GREEN "Arc you going to let him get away with that'?" - referring to Plaintiff SHA Wand the fact that he had photographed 15. Defendant FOX in a bikini on the beach. Defendant

:7
18 19

20
21

Defendant GREEN then approached Plaintiff SHAW and took Plaintiff SHA \V's towel and iPhone.

22 23 24

16.

PlaintiffSHA

W demanded the return of his property to him. at which point

Defendant GREEN threw Plaintiff SHA W's iPhone into the ocean. 17. Defendant GREEN then attacked Plaintiff SHAW and physically accosted Plaintiff SHAW as Defendant FOX watcbed. 18. Defendant GREEN's assault and battery of Plainti ff SHA W included Defendant GREEN using his fists to pummel Plainti ff SHA W' s in the face, tackl i ng
3

25
Carpenter.
Zuckerman.

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Plaintiff DELBERT W. SHA W's Complaint for Damages

SHAW to the ground, and using physical force to immobilize Plaintiff SHAW in
2
3 4 5 6

an attempt to take Plaintiff SHAW's camera from him. 19. During the entire physical altercation, Defendant FOX verbally encouraged Defendant GREEN to continue his violent attack. 20. 21. The attack on Plaintiff SHAW was photographed and/or videotaped. Defendant GREEN only stopped his assault and battery of Plaintiff SHAW when the Four Seasons Resort's security personnel intervened. 22. At that point, having significant clout as frequent celebrity guest at that resort, Defendants GREEN and FOX ordered the security to escort Plaintiff away. 23. Based on information and belief, Plaintiff SHAW alleges that several months prior to this incident, at the very same Four Seasons Resort, Defendant GREEN had similarly attacked two other photographers attempting to take photographs of Defendants GREEN and FOX. 24. By engaging in the above-referenced conduct, Defendant GREEN acted in a physically threatening manner, with the intent of creating fear and apprehension in PJaintiffSHAW so threatened. 25. The aforementioned abusive and reprehensible conduct engaged was done without justification and without any provocation by Plaintiff SHAW_ 26. The aforementioned abusive conduct was intended to and did result in serious physical and emotional injury to Plaintiff SHAW, including, without limitation, severe injuries to his body, including, without limitation, his head, face, and limbs, as well as severe emotional distress and anxiety. 27. At no time did Plaintiff SHA W consent to any of the acts of the Defendants alleged herein-above. 28. As a factual and legal result of defendants' actions, Plaintiff SHA W has suffered
injuries which will result in some permanent disability to the Plaintiff SHA W, all

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10

11 12
13

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15

16 17 18
19

ofa harmful and offensive contact, and Plaintiff SHAW felt

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21

22
23 24 25
Carpenter. Zuc~)mlan. &R~I~y,

26 27 28

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to Plaintiff SHAW's general damages in a sum to be proven at the time of trial.
4 Plaintiff DELBERT W. SHAW's Complaint for Damages

29.
2 3

As a further factual and legal result of the aforesaid acts of Defendants, Plaintiff SHA W has required and/or for an unpredictable period in the future

will require

the services of doctors, physicians, surgeons, nurses, hospitals and like related professional services, including drugs, medication and x-rays, and he has and continues to incur medical and incidental expenses which will be shown according to proof.

4

5
6 7 8

30.

As a further factual and legal result of the acts of defendants, Plaintiff SHAW was prevented from attending to his usual occupation and has suffered loss of present and future earnings in an amount according to proof at trial. Plaintiff SHA W additionally has suffered impairment and loss of present and future earning capacity, also in an amount accordingly to proof at trial.

9
10

11
12

31.

Defendant GREEN committed the acts alleged herein intentionally, with the intent to cause injury to Plaintiff SHA W and with a conscious disregard of the rights and safety of Plaintiff SHAW and others. Further, the foregoing intentional acts subjected Plaintiff SHA W to cruel and unjust hardship in conscious disregard of Plaintiff SHAW'S rights. As a result of the foregoing, Plaintiff SHAW is entitled to punitive damages against defendants in an amount according to proof.

13

14 15 16 17 18
19

20
21

SECOND CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

22
23

(Against Defendants

GREEN, FOX and DOES 1 through

SO)

32.

Plaintiff SHA W re-alleges each and every allegation contained in the above paragraphs 1 through 30 and by this reference incorporates said paragraphs as though fully set forth herein.

24
25
Carpenter.
&

Zuckerman, R..wky.
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26
27

33.

Plaintiff SHA W is informed and believes and thereon alleges that the aforementioned acts of Defendants, and each of them, were outrageous and were engaged in by Defendants intentionally and maliciously, for the purpose of
5

28

Plaintiff DELBERT W. SHA W's Complaint for Damages

causing Plaintiff SHA W to suffer humiliation) mental anguish and emotional and
2 3 4 5 6 7

physical distress. 34. Defendants' conduct in confirming and ratifying that conduct was done with the knowledge that PlaintiffSHA W's emotional and physical distress would thereby increase, and was done with a wanton and reckless disregard of the consequences to Plaintiff SHA W. 35. As a factual and legal result of the aforementioned outrageous conduct by

8
9

defendants, Plaintiff SHA W suffered humiliation and severe mental and emotional distress, all to Plaintiff SHAW's damage in an amount exceeding the minimum jurisdiction of this Court according to proof at time of trial. 36. As a further factual and legal result of the aforesaid outrageous conduct by defendants, Plaintiff SHAW has required andlor for an unpredictable period in the future will require the services of doctors, physicians, surgeons, nurses, hospitals and like related professional services, including drugs, medication and x-rays, and he has and continues to incur medical and incidental expenses which

10
11

12 J3
14 15

16 17
18

will be shown according to proof.
37. As a further factual and legal result of the acts of defendants, Plaintiff SHAW was prevented from attending to his usual occupation and has suffered loss of present and future earnings in an amount according to proof at trial. Plaintiff SHAW additionally has suffered impairment and loss of present and future earning capacity, also in an amount accordingly to proof at trial. 38. Defendants committed the acts alleged herein intentionally. with the intent to cause injury to Plaintiff SHAW and with a conscious disregard of the rights and safety of Plaintiff SHA Wand others. Further, the foregoing intentional acts subjected Plaintiff SHA W to cruel and unjust hardship in conscious disregard of PlaintitfSHAW's rights. As a result of the foregoing, Plaintiff SHAW is entitled

19 20 21 22 23 24 25
Carpenter,
Zuckcvnatl,
& 'I Rci~tey, ]ji~p
r,fJ

26
27 28

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to punitive damages against Defendants, and each of them, in an amount according to proof.
6 Plaintiff DELBERT W. SHA W's Complaint for Damages

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'.

THIRD CAUSE OF ACTION
2 3 4

CONVERSION (Against Defendants 39. GREEN and DOES 1 through 50)

Plaintiff SHAW re-alleges each and every allegation contained in the above paragraphs 1 through 38 and by this reference incorporates said paragraphs as though fully set forth herein.

5
6

7
8 9 10
11

40.

On the date of the incident, Plaintiff SHAW had posses of an iPhone belonging to
him. Plaintiff had photographs and videos that he had taken and owned the rights to on said phone, and that such photographs and videos were of significant commercial value to Plaintiff SHA W. The iPhone served as the sole electronic storage mechanism of said images and videos.

12
13 14 15 16 17

41.

Defendant GREEN intentionally and substantially interfered with Plaintiff SHAW's property by taking possession of the iPhone, preventing Plaintiff SHA W from having access to the iPhone, refusing to return the iPhone after Plaintiff SHAW demanded its return and destroying the iPhone.

42.

Plaintiff SHA W did not consent to the conversion of his iPhone and images/videos contained thereto.

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19

43.

As a factual and legal result of the aforementioned outrageous conduct by defendants, Plaintiff SHA W economic loss, suffered humiliation and severe mental and emotional distress, all to Plaintiff SHAW's damage in an amount exceeding the minimum jurisdiction of this Court according to proof at time of

20
21

22 23 24
25
Carpenter, Zuck~rman,
& R~W!ey,

trial.
44. Defendants committed the acts alleged herein intentionally, with the intent to cause injury to Plaintiff SHAW and with a conscious disregard of the rights and safety of Plaintiff SHAW and others. Further, the foregoing intentional acts subjected Plaintiff SHA W to cruel and unjust hardship in conscious disregard of Plaintiff SHAW's rights. As a result of the foregoing, Plaintiff SHA W is entitled to punitive damages against Defendants, and each of them, in an amount
7

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Plaintiff DELBERT W. SHAW's Complaint for Damages

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according to proof.
2


CAUSE OF ACTION

3
4 5 6 7
8

FOURTH

FALSE IMPRISONMENT (Against Defendants GREEN, FOX and DOES 1 through 50)
4S. Plaintiff SHA W re-alleges each and every allegation contained in the above paragraphs 1 through 44 and by this reference incorporates said paragraphs as though fully set forth herein. 46. During the course of events described herein-above, Defendants prevented Plaintiff SHAW from leaving by retaining possession of Plaintiff SHAW's iPhone containing significantly valuable images and videos taken by Plaintiff in the course of his profession as a celebrity photographer. 47. Additionally, having significant clout as frequent celebrity guest at that resort, Defendants GREEN and FOX ordered the security to unlawfully detain Plaintiff. 48. As a factual and legal result of the aforementioned outrageous conduct by defendants, Plaintiff SHAW suffered humiliation and severe mental and emotional distress, all to Plaintiff SHAW's damage in an amount exceeding the minimum jurisdiction of this Court according to proof at time of trial. 49. As a further factual and legal result of the aforesaid outrageous conduct by defendants, Plaintiff SHAW has required and/or for an unpredictable period in the future will require the services of doctors, physicians, surgeons, nurses, hospitals and like related professional services, including drugs, medication and x-rays, and he has and continues to incur medical and incidental expenses which

9
10 11 12 13

14 15 16 17 18 [9

20
21 22

23 24 25
Carpenter, Zuckerman.
&

will be shown according to proof.
50. As a further factual and legal result of the acts of defendants, Plaintiff SHA W was prevented from attending to his usual occupation and has suffered loss of present and future earnings in an amount according to proof at trial. Plaintiff SHA W additionally has suffered impairment and loss of present and future
8 Plaintiff DELBERT W. SHA W's Complaint for Damages

26
27 28

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earning capacity, also in an amount accordingly to proof at trial.
2
3
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51.

Defendants committed the acts alleged herein intentionally, with the intent to cause injury to Plaintiff SHA Wand with a conscious disregard of the rights and safety of Plaintiff SHA Wand others. Further, the foregoing intentional acts subjected Plaintiff SHAW to cruel and unj ust hardship in conscious disregard of Plaintiff SHA W's rights. As a result of the foregoing, Plaintiff SHA W is entitled to punitive damages against Defendants, and each of them, in an amount according to proof.

5 6 7
8 9

10
II

FIFTH CAUSE OF ACTION

CONSPIRACY
(Against Defendants GREEN, FOX and DOES 1 through 50)

12
13
14

52.

Plaintiff SHA W re-alleges each and every allegation contained in the above paragraphs 1 through 51 and by this reference incorporates said paragraphs as though fully set forth herein.

15 J6 17
18 19

53.

Plaintiff SHAW hereby alleges that he was harmed by Defendant GREEN's assault and battery, false imprisonment and conversion, and that Defendant FOX is responsible for the harm because she was part of a conspiracy to commit such torts.

20
21 22

54.

Defendant FOX encouraged and conspired with her husband, Defendant GREEN, to commit the attack and to take possession of Plaintiff's personal possessions (e.g., Plaintiffs iPhone, camera, towel, etc.) when she yelled at Defendant GREEN "Are you going to let him get away with that?" - referring to Plaintiff SHAW and the fact that he had photographed Defendant FOX in a bikini on the beach.

23 24
25
Carpenter, Zuck~man, & Ri}Mey.
llUP
Pf

26 27

55.

At that point, Defendant GREEN agreed with Defendant FOX's demand to not let Plaintiff SHA W "get away" with photographing them - and thereby Defendant GREEN destroyed Plaintiffs iPhone and images/videos contained therein, and
9 Plaintiff DELBERT W. SHAW's Complaint for Damages

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1;11

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thereafter heightened the altercation into a physical attack.
2

56.

Furthermore, Defendant FOX stood by as she watched her husband attack Plaintiff SHAW, without making any effort to stop or diffuse the situation.

3 4
5
6

57.

To the contrary, during the entire physical altercation, Defendant FOX verbally
encouraged Defendant GREEN to continue his violent attack.

58.

Based on information and belief, Plaintiff SHAW alleges that several months prior to this incident, at the very same Four Seasons Resort, Defendant

7
8

GREEN

had similarly attacked two other photographers attempting to take photographs of Defendants GREEN and FOX. As such, Defendant FOX

9
10 II

was aware of the

violent propensity of her husband, and encourage and condoned his attack on celebrity photographers.

12 13 14 15 16
17

59.

The aforementioned abusive conduct by the Defendants was intended to and did result in serious physical and emotional injury to Plaintiff SHA W, including, without limitation, severe injuries to his body, including, without limitation, his head, face, and limbs, as well as severe emotional distress and anxiety.

60.

As a factual and legal result of defendants' actions, Plaintiff SHAW has suffered
injuries which will result in some permanent disability to the Plaintiff SHA W, all to Plaintiff SHAW's general damages in a sum to be proven at the time of trial.

[8
19

61.

As a further factual and legal result of the aforesaid acts of Defendants, Plaintiff SHA W has required andlor for an unpredictable period in the future will require the services of doctors, physicians, surgeons, nurses, hospitals and like related professional services, including drugs, medication and x-rays, and he has and continues to incur medical and incidental expenses which will be shown according to proof.

20
21

22 23

24
25 Carpenter,
Zuckerman,
& R<)~ley.
Ll;.l'

62.

As a further factual and legal result of the acts of defendants, Plaintiff SHA W

26
27

was prevented from attending to his usual occupation and has suffered loss of
present and future earnings in an amount according to proof at trial. Plaintiff SHA W additionally has suffered impairment and loss of present and future
10 Plaintiff DELBERT W, SHA W's Complaint for Damages

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28

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earning capacity, also in an amount accordingly to proof at trial.
2 3 4 5 6 7
8 9 10 II

63.

Defendants committed the acts alleged herein intentionally, with the intent to cause injury to PlaintiffSHA Wand with a conscious disregard of the rights and safety of Plaintiff SHA Wand others. Further, the foregoing intentional acts subjected Plaintiff SHA W to cruel and unjust hardship in conscious disregard of Plaintiff SHAW'S rights. As a result of the foregoing, Plaintiff SHAW is entitled to punitive damages against Defendants in an amount according to proof.

SIXTH CAUSE OF ACTION NEGLIGENCE (Against Defendants GREEN and DOES 1 through 50) 64. Plaintiff SHAW re-alleges each and every allegation contained in the above paragraphs 1 through 63 and by this reference incorporates said paragraphs as though fully set forth herein. 65. Defendants owed to plaintiff a duty of reasonable care regarding, inter alia, Defendants' interaction with photographers and other members of the public. 66. On December 18, 20 I0, Defendants so negligently handled themselves and interacted with the public in that Plaintiff SHAW was threatened with physical harm and battered. 67. The aforementioned negligence by the Defendants resulted in serious physical and emotional injury to Plaintiff SHAW, including, without limitation, severe injuries to his body, including, without limitation, his head, face, and limbs, as well as severe emotional distress and anxiety. 68. As a factual and legal result of defendants' actions, Plaintiff SHAW has suffered injuries which will result in some permanent disability to the Plaintiff SHA W, all to Plaintiff SHAW's general damages in a sum to be proven at the time of trial. 69. As a further factual and legal result of the aforesaid acts of Defendants, Plaintiff SHAW has required and/or for an unpredictable period in the future will require
11
Plaintiff DELBERT W. SHAW's Complaint for Damages

12 13 14
15 16

17
18 19

20
21

22 23

24 25
Carpenter, Zuckerman.
&

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28

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the services of doctors, physicians, surgeons, nurses, hospitals and like related
2

professional services, including drugs, medication and x-rays, and he has and continues to incur medical and incidental expenses which will be shown according to proof. 70. As a further factual and legal result of the acts of defendants, Plaintiff SHAW was prevented from attending to his usual occupation and has suffered loss of present and future earnings in an amount according to proof at trial. Plaintiff SHA W additionally has suffered impairment and loss of present and future earning capacity, also in an amount accordingly to proof at trial.
WHEREFOREt Plaintiff SHAW prays for judgment against defendants as follows:

3
4

5 6 7 8 9
10

11
12 13

t.

AS TO THE F1RST CAUSE OF ACTlON
a.

For general damages in an amount to be proven at trial; For special damages in an amount to be proven at trial; and For exemplary and punitive damages according to proof at the time of trial.

b. c.
2,

14
15

AS TO THE SECOND CAUSE OF ACTION
a,

16
17 1& 19 20 21 22 23

For general damages in an amount to be proven at trial; For special damages in an amount to be proven at trial; and
For exemplary and punitive damages according to proof at the time of trial.

b.
c.

3.

AS TO THE THIRD CAUSE OF ACTION a.
b. c.

For general damages in an amount to be proven at trial; For special damages in an amount to be proven at trial; and For exemplary and puniti ve damages according to proof at the time of trial.

4.

AS TO THE FOURTH CAUSE OF ACTION a. b. c. For general damages in an amount to be proven at trial; For special damages in an amount to be proven at trial; and For exemplary and punitive damages according to proof at the time of trial.

24
25 Carpenter,
Zuckerman,
& Ho~~lcy,

26
27

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5,

AS TO THE FIFTH CAUSE OF ACTION a. For general damages in an amount to be proven at trial;
12
Plaintiff DELBERT W. SHA W's Complaint for Damages

"

28

b.
2

For special damages in an amount to be proven at trial; and For exemplary and punitive damages according to proof at the time of trial.

c. 6.

3
4 5

AS TO THE SIXTH CAUSE OF ACTION a. b. For general damages in an amount to be proven at trial; For special damages in an amount to be proven at trial; and

6
7 8
9 10 11

7.

AS TO ALL CAUSES OF ACTION a. b. c. For costs of suit incurred herein; For prejudgment interest; and For such other and further relief as the Court deems just and proper.

DATED: March 26, 2012

CKERMAN & ROWLEY, LLP

12 13 14
15

16
17 18 19 20 21 22

23 24
25
Carpenter,

26
27 28
13 Plaintiff DELBERT W. SHA W's Complaint for Damages

Zuckerman,
& Ro ley, lllll'

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OR PARTY WITHOUT

ATTORNEY

(Name.

andaddfess)'

FOR COURr USS ONL V

CARPENTER, ZUCKERMAN & ROWLEY, LLP 8827 West Olympic Boulevard Beverly Hills, California 90211
TELEPHONE NO.:

ark

Ohanian,

Esq.

(SEN 208905)

(310)

273-1230 Hill

FAANO;

(310)

858-1063

SUPERIORCOURT OF CALIFORNIA, COUNTY OF LOS
STREETADDRESS:
MAILING ADORE5S CITY AND ZIP CODE' BRANCH NAME:

111 North

Street

ANGELES

La S

90011 et

CASE NAME:

Shaw v . Green,

[K]

CIVIL CASE COVER SHEET
Unlimited
(Amount demanded

0

Limited
(Amount demanded is

o

Complex

Case Designation

CASE

Counter

0

Joinder
JUDGE: OEPT:

Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402) 1his case: (06)

1. Check. one box below for the case type that best describes
Auto Tort

o o

Contract

Auto (22) Uninsured motorist (46)

D Rule 3.740 0

D Breach of contract/warranty D Other corrections (09) D Insurance coverage ('8) ,
other contract (37) Eminent domain/Inverse condemn alion (14) collections (09)

Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400.3.403)

o

Other PIIPDIWD (PersonallnJury/Property OamageJWrongful Death) Tort

o o o rn

Asbestos (04) Product liability (24) Medical malpractice (45) Other P IIPDIWD (23) BuSiness tort/unfair business practice (07) Civil rights (08) Defamation (13) Fraud (16) property (19) negligence (25) tort (35)

D Mass tort (40) D Securities litigation

D Construction

AntitrustrTrade regulation (03) defect (10) (28) tort (30)

Real Property

0

o

o

EnvironmentalIToxic

Non-PIIPDIWD (Other) Tort

o o

D Wrongful eviction (33) D Other real property (26)
Unlawful Detainer

1nsurance coverage claims arising from the above listed provisionally complex case types (41) of Judgment of judgment (20) Civil Complaint

o o

D Professional
Employment

D Intellectual C Wrongful

D Commercial (31) D Residential (32)
D Drugs (38) 0 0 0

D Enforcement
Miscellaneous

Enforcement

D D

RICO (27} Other complaint (nor specified above) (42) Civil Petition Partnership and corporate governance (21) Other petition (not specified above) (43)

D Other non-PIIPDIWD

Judicial Review

D Petition re: arbitration award (11)
Writ of mandate (02) Other judicial review (39)

Asset 10rfeiture (05)

o o

Miscellaneous

o

termination (36)

Other employment (15)

2. This case

is IJ[] is not complex under rule factors requiring exceptional judicial management: a Large number of separately represented parties b. c.

1=:=1

3.400 of
d.

the California

Rules of Court. If the case is complex, of witnesses

mark lhe

C 0 Extensive

motion practice

raising difficult or novel to resolve

e.
f. b.

0 0 0

Large number Coordination

with related actions pending in one or more courts states. or countries, judicial or injunctive or in a federal court relief c. post judgment deoriil'alory supervision

C

issues that will be time-consuming Substantial amount of documentary sought (check all that apply): a.

3. Remedies

m

evidence monetary

D Substantial

in other counties,

nonmonetary,

!_X:J

punitive

4. 5.

Number of causes This case

D

of action (specify): is

L:iJ is not

Six

(6)

\

a class action suit.

I

6. If there are any known related cases, file and serve a notice of related c
Date:

e-f,

March 26,

2012

n;;eM·01!).)

._

Sark

Ohanian,

Esq.
(ll'PE

(SBN 208905)
OR PRINT NAME)

NOTICE
• Plaintiff must file this cover sheet with the first paper filed in the action or proceeding xcept small claims cases Or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result )I{ in sanctions. ~ File this cover sheet in addition to any cover sheet required by local court rule. ~. If this case is complex under rule 3AOO et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all ~ other parties to the action or proceeding. ~. Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
III
Pa 10f2 Form Adopted roc Mandatory Use Joo1cial Ci"AlrlCil of Cahfomia CM-OlO IRa v, July I, 20071

CIVIL CASE COVER SHEET

So ut ns'
~ US

~

Cal. Rules Of Court. rulest.3D. 3.220. 3.400-3 403, 3740: Cal. Slarldard. of Judicial Adm";>lrahOn. sid. 3.10

:
..-- To Plaintiffs

INSTRUANS

ON HOW TO COMPLETE THE CO,

SHEET

CM·010

and Others Fihng First P'1jrers. If you are fihng a first paper (for exarnp e, a complaint) In a cIvil case, you must complete and file, along with your first paper, the CiVil Case Guver Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fils both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To asslst you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet With the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties il'l Rule 3.74D Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages. (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject

to the requirements

for service

and obtaining

a judgment

in rule 3.740.

To Parties

in Complex Cases. In complex cases only, parties must also use the Civil Case Cover to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-deSignation that the case is not complex, or. if the plaintiff has made no designation. a designation that the case is complex. Auto Tort Auto (22)-Personallnjury/Property OamageMirongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration. check tllis item instead of AuIO) Other PI/PDIWO ~Personallnjuryl Property DamagelWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personallnjuryl Wrongful Death Product Uabilrty (flot asbestos or loxidenvironmenlafj (24) Medical Malpractice (45) Medical MalpracticePhysicians & Surgeons other Professional Healt~ Care Malpractice Other PI/PDMlO (23) Premises liability (e.g .. slip and fall) mtentional Bodily Inlury/POfWD (e.g .. assault, vandalism) Intentional Infliction of Emotional Distress Negligent Inflicticn of Emotional Distress Other PIJPDNVD Non·PI/POIWO (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g .. discrimination. false arrest) (not cillii harassment) (OS) Defamation (e.g .. slander. libel)
(13)

snee:

CASE TYPES AND EXAMPLES Contract Breach of Co ntractIWarranty (06) Breach of RentaltLease Contract (nof unlawfu/ delainer or wrongfUl elliction} ContractIWarranty Breach-Seller Plaintiff (not fraud or negJigflnce) Neg lige nt Breach of Contract! Warranty Other Breach of ContractJWarranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissol)' Nole/Collections Case Insurance Coverage (not provisionalfy complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domainllnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g .. quiet title) (26) Writ of PossesSion of Real Property Mortg age Foreclosure Quiet Title Other Real Property (not eminent domain. landlord/lena nt, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (ifthe case involves illegal drugs. check this item; otherwis», repolf 8S Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) AntitrustfTrade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) EnvironmentaliToxic Tort (30J Insurance Coverage Claims (arising from proviSionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (nondomestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of JUdgment Case Miscellaneous Civil Complaint RICO (27} Other Ccmplaint (not specified above) (42) Declaratory ReHef Only Injunctive Relief Only (nonharassment) Mechanics Lien Other Commercial Complaint Case (non·torl/nOfl-complex) Other Civil Complaint (non-tortlnon-complex) Miscellaneous Civil Petition Partn Brship and Corporate Governance (21) Other Petilion (not specified above) (43) Civil Harassment Workplace Violence ElderlDependent Adult

Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice ~ Other Proleseional Malpracticv ~ (not medical or legal) t€lther Non-PIIPDNVD Tort (35) Employment ;Wrongful Termination (36) Other Employment (15)
CM.Q1O {Rev. July 1, 2007]

Abuse
Election Contest

Petition for Name Change Petition for Relief from Late Claim Other Civil Petition
Page Z of 2

CIVIL CASE COVER SHEET

.~.
SHORT TITLE:

Shaw v. Green,

et al.

CASE NUMBER

(CERTIFICATE
This form is required

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE
pursuant to

LOCATION)
Court.

local fill

Rule 2.0 in all Rew civil case filings

in the Los Angeles Superior

Item I. Check the types of hearing and
JURY TRIAL?

in the estimated

length of hearing expected for this case:

[XJ

YES CLASS ACTION?

D YES

LIMitED CASE?

D YES

TIME ESTIMATED FOR TRIAl5 - 7

n

HouRsrOf]

DAYS

Item II. Indicate

the correct district and courthouse

location (4 steps -If

you checked "Limited Case", skip to Item III, Pg.4):

Step 1:

After first completing

the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for

case in the left margin below, and, to the right in Column

A , the
B

your

Civil Case Cover Sheet case type you selected. below which best describes the nature of this case.

Step 2: Step 3:
checked.

Check one Superior Court type of action in Column In Column

C, circle

the reason for the court location choice that applies to the type of action

you have

For any exception to the court location, see local Rule 2.0.
Applicable Reasons for Choosing Courthouse Location
6 7. B. 9. 10.

(see Column

C below)

4. location where bodily injury. death or damage occurred. 5. Location where performance required or defendant resides

1. Class actions must be filed in the Stanley Mosk Courthouse, centrat district. 2. May be filed in central (other county, or no bodily injury/property damage). 3. Location where cause of action arose.

Location Location Location Location Location

of property or permanently garaged vehicle. where petitioner resides. whe rein defenda ntJrespondent functions wh ally. where one or more of the parties reside. of Labor Commissioner Office

Step 4: Fill

in the information

requested on page 4 in Item III; complete

Item IV. Sign the declaration.

Auto (22) Unini;ured Motorist (46)

o o o
D

A710a Motor Vehicle· PersonallniuryJProperty A7110 PersonallnjuryfProperty

DamageJWrongful Death Motorist

1 .• 2 .. 4.

DamageIWrongful Death -Uninsured

1.. 2.. 4.

Asbestos (04) Producl Liability (24)

D A6070

Asbestos Property Damage Death

2.
2.

A7221 Asbestos - PersonallnjurylWrongful

A7260 Product Liability (not asbestos or toxicJenvironmenlal)
Medical Malpractice - Physicians & Surgeons

1.2.,3.4,
1.. 4 1.• 4. 1.,4.

B.

Medical Malpractice (45)

o

D A7210

A7240 Other Professional Health Care Malpractice

Other Personal Injury Property Damage Wrongful Death
(23)

o

An50

Premises liability (e.g., slip and fall) Death (e.g .•

[J[)

A7230 Intentional Bodily Injury/Property DamagelWrongful assault. vandalism. etc.) Intentionallnfiiclion of Emotional Distress DamagelWrongful

D A7270 D A7220

I..

€)

1.• J. Death 1.,4 .

Olher PersonallnjurylProperty

LACIV 109 (Rev. 03'11)

...

LASe Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION

Local Rule 2.0

Page 1 of

4
LA·CV1C9

~O~Tme

Shaw v. Green, et al.


A6029 Other Commercial/Business Tort (not fraUd/breach of contract) 1.,3. ASOOS Civil Rights/Discrimination Defamation (slander/libel)

~t
w~
..

Business

Tort (07) (08) (13)

g-:5
~~ £:-_
!::

<Q

Civil Rights Oefamation

o o

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

;) ;:) ._.,_

D A6010

1U2
Q.<Q

t:

Ol

:5;::

Fraud (16}

... I» wtI'I

"'-

ZC

cE ora
GI

Professional

Negligence

(25)

o o o

A6013

Fraud (no contract) Legal Malpractice Other Professional Ma Damage tort

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

A6017
A6050

c

Other (35)

D A6025
(36) A6037 A6024 A6109

Other Non.Personallnjury/Property

E

Wrongful

Termination

Wrongful Other

Termination Complaint Appeals Case

1.,2.,3. 1.,2,,3. 10.

"'ii

>. 0

w

E

Other Employment

(15)

o

o

Employment

Labor Commissioner

D AGOQ4
Breach of Contract! Warranty (06) (not insurance)

Breach eviction)

of Rental/tease

Contract ·Seller

(not unlawful Plaintiff

detainer

or wrongful

2.,5. 2.,5.

U
!II

-.::: 0 u

..

Collections

(09)

o
(18)

D A6008 D A6019 D A6028

ContractIWarranty Negligent Breach

Breach

(no fraud/negligence) 1.,2.,5.

of Contract!Warranty

(no fraud) (not fraud or negligence)

Other Breach Collections

of Contract/VVarranty Plaintiff

1.,2.,5.
2.,5 .. 6.

o

A6002 A6012

Case-Seller

Other Promissory Insurance

NotefCoilections (not complex)

Case

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

Insurance

Coverage

D A6015

Coverage

o
Other Contract (37) Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33)

AG009

Contractual Tortious

Fraud

5

D AB031 D A6027

Interference Dispute(not breach/insurance/fraud/negligenC9)

1" 2.,3.,5.
1.,2.,3 ..

Other Contract

8

D A7300 D A6023

Eminent Wrongful Mortgage

Domain/Condemnation Eviction Case

Number

of

parcels

_

2.
2.. 6. 2., B 2 .• 6.

D
Other Real Property (26) Unlawful Detainer-Commerctal (31)

o o

o

AG018 A6032

Foreclosure

Quiet Title landlord/lena (not drugs or wrongful nt, foreclosu eviction)

AB060 OtherReaIProperly(noteminentdomain, A6021 Unlawful

2.,6,

Detalner-Comrnerclal
Detainer-Residentia:

2" 6, 2" G.
2.,6.

Unlawful

Detainer-Res ide ntial (32)

D A6020 D A6020F D A6022

Unlawful Unlawful

(not drugs

or wrongful

eviction)

Unlawful Detai Post-F oreclos ure Unlawful

Detainer·Post·Foreclosure

Detainer-Druqs

(38)

Unlawful

Detainer-Drugs

2,6.

LACIV 109 (Rev. 03/11) LASe Approved

••

03·04

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION

Local

Rule 2.0 Page 2 of 4

./

SHORT TITLE:

Shaw v. Green,

et al.

Asset Forfeiture (05) Petitio n re Arbitration (11)

o
~

A6108 Asset Forfeiture Case A6115 Petition to Compel/ConfirmNacate A6151 Writ - Administrative Mandamus A6152 Writ· Mandamus on Limited Court Case Matter Wril· Other limited Court Case Review Review Arbitration

2.6. 2.,5.

o

Writ of Mandate (02)

Other Judicial Review (39) AntitrustfTrade Reguliltion (03) Construction Defect (10) Clilims Involving Mass Tort (40) Securities Litigation (28) Toxic Tort Environmental (30) Insurance Coverage Claims from Complex Case (41)

o o
D

D A5153

o

A61S0 OtherWritlJudicial

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

A6D03 AntitrustfTrade Regulation Derect

D ASOD7 Construction
D A6035

A6006 Claims Invoilling Mass Tort SecuriUes Litigation Case

1.. 2.8.
1,2.,3 .. 8.

o

A6036 Toxic TortlEnvironmental AG014 Insurance COllerage/Subrogation (complex case only) Sister Stale Judgment

o

1.,2 .. 5.,8. 2.,9. 2 .• 5. 2.,9. 2.,8.

D A6141
'E'E 11> III EE
W

..e~ c_

~'C

III

Cl

Enforcement of Judgment (20)

o o
D

o

A6160 Abstract of Judgment A6107 Confession of Judgment {non·domestic relations) A6140 Administrative Agency Award (not unpaid taxes) Petition/Certificate for Entry of Judgment on Unpaid Tax Oth er Enforcement of Judgment Case

0

D A6114

2,8.
2.,8 .. 9. 1.,2.,8. 1.. 2.,8. 2.,8. '.,2.,8 1.,2 .. 8. 2., B. 2.,3.,9. 2.,3.,9. 2.,3 .. 9.
2.

D A6112
RICO (27)

A6033 Racketeering (RICO) Case Dec;laralory Relief Only

D A6030
Other Complaints (Not Specified Above) (42)

o
o o o

o

A5040 Injunctive Relief Only (not domestic/harassment) AG011 Other Commercial Complaint Case (ocn-tort'non-complex) Other Civil Complaint (non-Iortinon-complex)

D ASOOO

Partnership Corporation Governance (21)

A6113 Partnership and Corporate Governance Case Civil Harassment Workplace Harassment Elder/Dependent Adult Abuse Case

D AS121 D A6123
Other Petitions (Not Specified Above) (43)

D A6124

A6190 Election Contest A6110 Petition for Change of Name Petition for Relief from late Claim Law Other Civit Petition

I:=J AS100

D A5170

2.. 7.
2 .. 3.,4 .• 8. 2 .. 9.

LACIV 109 (Rev. 03111) LASe Approved 03·04

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION

Local Rule 2.0

Page 3 of 4

SHORTTITLE

Shaw v. Green,

et

al.

CASE NUMBER

Item III. Statement of Location: Enter the address of the accident. party's residence or place of business, performance, or other circumstance indicated in Item 11., Step 3 on Page 1, as the proper reason for filing in the court location you selected.
ADDRESS:

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

7387

Woodrow Wilson Drive

01.02.03.04.005.06.07.08.09.010.
C1TY
STATE:

ZIP CODE:

Los Angeles

CA

90046

Item IV. Declaration of Assignment: I declare under penally of perjury under the laws of the State of California that the foregoing is true and correct and that the above-entitled matter is properly filed for assignment to the

StanljY Mask
Civ. Proc., §

courthouse in the

Central

District

of the

Superior Court of California, County of Los Angelet[Code

392 et seq., and

local

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

Dated: March

26,

2012
NG PARTY)

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED COMMENCE YOUR NEW COURT CASE:

AND READY TO BE FILED IN ORDER TO PRQPERL Y

1. Original Complaint or Petition.

2. 3.
4.
5. 6.

If filing a Complaint, Civil Case Cover

a

completed

Summons form for issuance by the Clerk. Council form

Sheet,Judicial

CM-010.
03-04 (Rev.

Civil Case Cover Sheet Addendum

03/11 ).

and Statement of Location form, LACIV 109, LASC Approved

Payment in full of the filing fee, unless fees have been waived. A signed order appointinq the Guardian ad litem, Judicial Council form CIV-01 0, if the plaintiff or petitioner minor under 18 years of age will be required by Court in order to issue a summons. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this must be served along with the summons and complaint, or other initiating pleading in the case. is a

7.

addendum

LACIV 109 (Rev. 03f11)

lASe Approved 03-04

CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION

Local Rule 2.0 Page 4 of4