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Paul H. Duvall (SBN 73699)


E-Mail: pduvall@kingballow.com
KING & BALLOW
6540 Lusk Blvd., Suite 250
San Diego, CA 92121
(858) 597-6000 Facsimile: (858) 597-6008
Richard S. Busch (pro hac vice application forthcoming)
E-Mail: rbusch@kingballow.com
KING & BALLOW
315 Union Street, Suite 1100
Nashville, TN 37201
(615) 726-5422 Facsimile: (615) 726-5417

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Attorneys for Defendants / Cross-Complainants

SUPERIOR COURT FOR THE STATE OF CALIFORNIA


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FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT


)
KRISTOPHER TRINDL, an individual, )
)
Plaintiff,
)
)
)
v.
)
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JAHAN YOUSAF, an individual; )
YASMINE YOUSAF, an individual; and )
DOES 1 through 25, inclusive,
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Defendants.
)
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JAHAN YOUSAF, an individual; and )
YASMINE YOUSAF, an individual,
)
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Cross-Complainants,
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v.
)
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KRISTOPHER TRINDL, an individual, )
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Cross-Defendant.
)
)

Case No. BC559138

DEFENDANTS/CROSSCOMPLAINANTS CROSSCOMPLAINT AGAINST


PLAINTIFF/CROSS-DEFENDANT
KRISTOPHER TRINDL.

DEMAND FOR JURY TRIAL


Date:
Time:
Dept: 48
Assigned for all purposes to the Honorable
_______________
Action Filed: September 29, 2014
Trial Date:
N/A

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CROSS-COMPLAINT

CROSS-COMPLAINT

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1.

Defendants Jahan Yousaf (Jahan) and Yasmine Yousaf (Yasmine),

(collectively the Yousafs) by and through undersigned counsel, having fully Answered the

Complaint in their contemporaneously filed Answer and Affirmative Defenses, now file this

Cross-Complaint against Kristopher Trindl, individually (Kris or Trindl). Trindl and the

Yousafs will collectively be known as the Parties.

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2.

The Yousafs hereby incorporate by reference their Answer and Affirmative

Defenses, filed contemporaneously herewith.


NATURE OF THE CASE

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3.

This is an action for declaratory judgment and damages arising under the laws of

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the State of California and the State of Delaware. The Yousafs are seeking a declaration that

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Kris Trindl has resigned as a member of the band Krewella and that Trindl has engaged in

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multiples breaches of fiduciary duty and breaches of contract that have caused the Yousafs

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significant monetary damage and have unjustly enriched Trindl.


JURISDICTION AND VENUE

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4.

This Court has jurisdiction over this case pursuant to California Code of Civil

Procedure 1060.
5.

Jurisdiction over Trindl is proper in this Court pursuant to California Code of

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Civil Procedure 410.10. This Court has personal jurisdiction over the Yousafs and Trindl

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because all Parties reside in the State of California.

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6.

Jurisdiction is proper in this Court as the amount in controversy exceeds the

required $25,000.00 minimum.


7.

Venue is proper in this Court pursuant to California Code of Civil Procedure

395(a).
PARTIES

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8.

Cross-Complainant Jahan Yousaf is a resident of Los Angeles, California.

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9.

Cross-Complainant Yasmine Yousaf is a resident of Los Angeles, California.

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10.

Cross-Defendant Kristopher Trindl is a resident of Los Angeles California.


CROSS-COMPLAINT

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the laws of the State of Delaware on February 3, 2012.


12.

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Krewella Music LLC is a domestic limited liability company incorporated under

Krewella Live LLC is a domestic limited liability incorporated under the laws of

the State of Delaware on April 23, 2012.


BACKGROUND

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A.

Starting Krewella
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Kris Trindl, Jahan Yousaf and Yasmine Yousaf met while attending the same

high school in Northbrook, Illinois, right outside of Chicago. Jahan and Yasmine were both

interested in music and began developing vocal, performance and songwriting skills while in

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high school; in 2007, Yasmine performed and wrote songs for an indie rock band. Jahan,

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Yasmine, and Kris, all having an interest in music, casually began to work on music together in

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2007, calling themselves Krewella, a name created by Jahan. Initially, because Kris, Jahan

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and Yasmine were all students and Jahan and Yasmine were working jobs on the side, they

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were all unable to fully commit to the group. Kris dropped out of Columbia College in 2009 to

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pursue music production full time.

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14.

On June 8, 2010, Trindl and the Yousafs, along with their current manager,

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Nathan Lim (Lim), decided to devote themselves fully to making Krewella a success.

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Thereafter, Jahan and Yasmine discontinued their respective schooling and all three members of

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Krewella worked exhaustively to create a new take on electronic dance music. Soon after the

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three committed themselves to Krewella, they engaged Jake Udell (individually, Udell) to

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help Lim with their management and to take them to the next level. Udell and Lim (collectively,

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Management) own and operate the management company, TH3RD BRAIN, which currently

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receives a 20% commission from Krewella.

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In 2011, Jahan and Yasmine began learning to DJ. By January 2012, Krewellas

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music began working its way around the internet and caught the attention of Columbia Records,

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who signed the band to a recording contract with an effective date of or around March 9, 2012.

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CROSS-COMPLAINT

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B.

Formation of Limited Liability Companies and Agreements


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Prior to signing the recording contract, on February 3, 2012, the band registered a

limited liability company, Krewella Music LLC, with the Delaware Secretary of States Office.
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An Operating Agreement for Krewella Music LLC was drafted but never signed.

The draft assigned each member of Krewella an equal 33.3% share in the LLC. The purpose of

the LLC was listed as to promote and enhance the professional standing, reputation and

success of the Group and to commercially exploit the Members entertainment services. The

Operating Agreement allowed for voluntary withdrawal upon giving notice to the Company and

included a Termination for Cause provision, which allowed termination for an act of

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dishonesty in connection with Members duties, in connection with the business of Company or

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the Group or where Company or the Group is directly harmed thereby, a Members uncured,

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willful violation of Members duties and responsibilities hereunder and a Members willful,

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persistent or repetitive failure to comply with the Groups Policies. Kris was hesitant to, and

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therefore did not sign, the Operating Agreement because the Operating Agreement prohibited

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his lifestyle of substance abuse and lack of adequate contributions as a one-third member of

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Krewella.

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Thereafter, on April 23, 2012, the band registered another limited liability

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corporation, Krewella Live LLC (collectively with Krewella Music LLC, the Krewella

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LLCs), with the Delaware Secretary of States Office. No Operating Agreement was drafted

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for Krewella Live LLC.

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Despite forming the LLCs and encouragement from Management and Evan

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Krauss, Krewellas attorney, the three never signed a band agreement outlining the rights and

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obligations of each member.

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Even without a signed band agreement, Jahan, Yasmine, and Kris agreed to

certain terms regarding Krewellas business, either orally or implied by conduct.


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Jahan, Yasmine, and Kris all agreed that each would receive a one-third (1/3)

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share of all income distributed by the Krewella LLCs after expenses and management

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commissions were paid.


CROSS-COMPLAINT

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Jahan, Yasmine, and Kris also all agreed that each would fully and equally

dedicate their time and contribute to Krewellas music and live performances.

expectations were that each would participate in live performances, and that each would

contribute to or create new music full time when they were not touring.

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Thus the

Soon, Krewellas music took off and the band was constantly in demand. Jahan

and Yasmine took it upon themselves to learn how to mix their songs live. Jahan and Yasmine

control the aspects of the live performancesthey pick the song selection, as well as sing and

mix the songs onstage. While on stage, Kris would generally stand to the side of Jahan and

Yasmine and pump his arms, while pretending to DJ; he was onstage primarily for the sake of

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image. Because Kris did not know how to DJ, he only had two effect buttons. Kris, Jahan and

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Yasmine agreed that Kris would become more involved in the live show by learning how to DJ

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or by playing guitar in order to fulfill his obligation as a one-third member of Krewella.

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As their popularity increased, images of Krewella were everywhere. While Kris

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was regularly performing with Krewella, Kris was prominently featured on all promotional

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material, with Jahan and Yasmine on his sides. On or around January 26, 2012, Management

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once proposed using only an image of Yasmine on a flyer for a show, but Jahan vetoed it,

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expressing the importance of showing all three members of Krewella as a group.

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C. Kriss Substance Abuse and Disruptions of the Group


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Kriss drinking increased while contributions required of him as an equal member

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of Krewella decreased, to the frustration of his band mates and Management. Kriss drinking

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had become such an issue that, in January 2012, Jahan, Kriss mother, and Kriss sister

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discussed their fears for his safety and how to get him help on multiple occasions.

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Kris would often be on stage inebriated, because, as he claimed to the Yousafs, he

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was bored with nothing to do on stage. However, he soon became disruptive on stage as a result

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of his intoxication. Kris would recklessly use his controller to mess up Jahan and Yasmines

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mixing or would simply stop the music. Kriss behavior became so disruptive that Yasmine

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would unplug and deactivate his equipment to limit the disruption; however Kris would be too

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CROSS-COMPLAINT

intoxicated to notice. On other instances, again as a result of his intoxication, he would

belligerently and angrily yell at the audience of fans that paid to come to the show.

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All three members of Krewella agreed that Kris was expected to become more

involved in the live show, first by learning how to DJ songs. In an effort to stop the disruptions

and give Kris more to do on stage, Jahan and Yasmine repeatedly tried to get Kris to attend and

engage in DJ lessons in July and August 2013; however, he missed several appointments and if

he showed up, he would not stay long or express any interest. When he failed to take any

initiative to learn to DJ, the trio then agreed that Kris would learn Krewellas songs on guitar to

play live, which he also did not do, despite Managements purchase of guitar gear for him.

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28.

Beginning in November 2012, Jahan and Yasmine organized weeks of rehearsals

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for Krewellas upcoming Stereosonic Tour in Australia because Krewella planned to both DJ and

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sing live. While Jahan and Yasmine attended all of the rehearsals, Kris only attended a few of

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these rehearsals and did not DJ.

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29.

While on the Stereosonic Tour in 2012, Jahan and Yasmine, in an effort to remain

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healthy while performing night after night with little time to sleep, decided not to drink alcohol

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until the end of the tour; on the last day of the tour, they celebrated with Kris by partying. Kris,

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however, drank almost daily while on the tour.

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30.

In the days immediately following their return home from the tour, Jahan and

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Yasmine were ready to jump back into the studio to create new music. However, Kris needed

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weeks to recover from the excessive drinking he did while on the road; he was absent from

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studio sessions and unresponsive when Jahan and Yasmine tried to get in touch with him. This

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recovery period interfered with his required music contributions as a member of Krewella.

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31.

Between the end of the 2012 Stereosonic Festival Tour and the Get Wet album

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release in September 2013, Kris worked the bare minimum and provided little direction and help.

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In order to finish Krewellas first album, Jahan and Yasmine scrambled to assemble producers to

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supplement Kriss lack of work.

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32.

On June 19, 2013, Jahan sent an email to Udell and Lim on behalf of herself and

Yasmine, stating they will NOT play these upcoming live shows if kris [sic] drinks. He puts our
CROSS-COMPLAINT

live shows at risk and Yasmine and I work very hard on this production and want to be spared of

this embarrassment. So either Jake or Nathan please deliver this message to him. (emphasis in

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original).
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Generally, while on tour, Kris complained that the Yousafs took the tour too

seriously, claimed he did not care about the performances, and threatened to play Krewellas

songs off of iTunes and yell into the microphone if he had to.

34.

From August 24, 2013 through February 28, 2014, Kris posted several messages

on the social media site Twitter about needing and smoking weed (marijuana). Kris has over
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40,000 followers on Twitter.

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a. On August 24, 2013, Kris tweeted, Too many ppl [sic] saying stop doing

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drugs to me. I support marijuana, never have tried anything else.

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b. On January 5, 2014, Kris tweeted, New Years resolution: smoke more

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weed.

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c. On January 25, 2014, Kris tweeted, Smoke weed.

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d. On February 28, 2014, Kris tweeted, I need weed.

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35.

On August 25, 2013, Jahan emailed Udell to express her concerns about Kriss

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behavior, stating Ur [sic] not on the road any more so u [sic] dont witness but its become

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standard that hes belligerent almost every night. Extremely disrespectful during our setIm

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REALLY worried about his performance on the tour. Yasmine and I need to focus on our

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performing and not distracted by his recklessness. Please help. (emphasis in original).

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36.

On August 27, 2013, Jahan and Yasmine were en route to a rehearsal for the

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upcoming Get Wet Tour when Udell informed them that Kris had been hospitalized for excessive

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alcohol consumption in Phoenix, Arizona, where they had a played a show several days prior.

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Jahan and Yasmine continued with scheduled rehearsals and press engagements, telling reporters

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that Kris was sick. Meanwhile, Udell went to Phoenix to help Kris through the detoxification

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process and along with Kriss family, checked him into Milestones Rehab Center in Malibu,

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California on or around August 29, 2013 for a thirty day treatment program.
CROSS-COMPLAINT

37.

During his absence, in an effort to protect the reputation of both Kris and

Krewella, Kriss stay at the rehabilitation center was kept private. While Kris was in rehab, the

Krewella team expressed their love for him and their desire that he get healthy soon. Kris

thanked them for their constant love and support in an email on September 4, 2013. He claimed

he wore his hospital bracelet with the date of his last drink ever, and promised to come back

straight, sober and on top of my s--t.

D.

Kriss Declining Contributions to Touring After Rehab


38.

While in Milestones, Kris was allowed to attend and participate in a big Krewella

show in Los Angeles on September 14, 2013, a festival show on September 21, 2013 and

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Krewellas album release party and performance on September 24, 2013. The whole Krewella

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team, including Kris, thought it was a good idea to have Kris perform, so that the press would

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realize that there was no discord in the group. In support of Kriss struggle, Jahan and Yasmine

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ensured that there was no alcohol available for consumption in the green room and that both

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were completely sober during their performance. Prior to the show, Kris apologized for his past

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actions and promised to never have a drink again.

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39.

While in rehab, Kris missed the first half of the Get Wet Tour, from September 4,

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2013 through October 7, 2013, with the exception of the dates listed in Paragraph 38 above. Kris

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continued to receive equal distributions from the Krewella LLCs while in rehab so that he would

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not have the added stress of worrying about money. Kris received at least $45,000.00 from

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Krewella Live LLC and Krewella Music LLC while he was in Milestones.

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40.

From October 8, 2013 through November 16, 2013, Kris joined Jahan and

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Yasmine on the remainder of the Get Wet Tour. Jahan and Yasmine ensured that the remainder

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of the tour was alcohol free. During this period of sobriety, Kris had a positive attitude and

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worked on music on the road.

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41.

On or around November 22, 2013, Krewella embarked on an international tour for

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the Stereosonic Festival Series. Kriss sobriety did not last long. Jahan and Yasmine smelled

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alcohol on his breath sometimes and noticed he was acting intoxicated. In Paris, on or around

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November 23, 2013, Kris ordered eight drinks from the mini-bar in his hotel room. When
CROSS-COMPLAINT

confronted with the drink receipt by Management days later, Kris asked Management not to tell

Jahan and Yasmine. At Kriss request, David Carlson (Carlson), Krewellas tour manager, and

Udell randomly breathalysed Kris. Kris outright refused one breathalyzer test administered by

Carlson and missed several breathalyzer checks administered by Udell. To Jahan and Yasmines

knowledge, Kris never attended any Alcoholics Anonymous meetings while on the Get Wet

Tour.
42.

On March 16, 2014, Kris was to join Jahan and Yasmine at the Electric Daisy

Carnival show in Mexico. When Kris arrived at the airport late, Carlson arranged a security

escort to quickly get him through the airport security Instead, Kris just left the airport. Carlson

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then purchased a $600.00 same day flight to Mexico for Kris so that he could still perform at the

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show; however, Kris did not board that flight either. In his absence, Jahan and Yasmine

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performed without Kris.


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On March 23, 2014, Kris remained in Los Angeles while Jahan and Yasmine

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performed a show in Japan. That day, Management proposed releasing a statement online from

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Kris claiming he was sick and unable to make the show. Jahan refused, stating she was

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uncomfortable releasing a written statement online about Kriss absence without his approval.
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Jahan and Yasmine embarked on the Spring College Verge Tour from April 8,

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2014 through May 10, 2014 without Kris. Nonetheless, Kriss face was still on the side of the

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bands two tour busses and on flyers advertising the performances. Fans began to ask about

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where he was and Jahan and Yasmine became worried about false advertising. In an effort to

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properly represent the shows to their fans, all three members of Krewella mutually decided to

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only show Jahan and Yasmine on the flyers until Kris rejoined the tour.

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E.

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Kriss Declining Musical Contributions to Krewella


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Krewella released its first album on Columbia Records, entitled Get Wet, on

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September 24, 2013. Kris, the producer of Krewella, received production credit for each of the

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twelve songs on the album, but did not produce all twelve songs. There were nine new songs on

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the Get Wet album. Of these, Kris only wholly contributed one new songDancing with the

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Devil. Kris did little to no production on Live for the Night, Pass the Love Around,
CROSS-COMPLAINT

Human, and This is Not the End and minimal production on Ring of Fire. Krewella paid

outside producers to help Kris finish production for the album.


46.

While he was at Milestones, Kris expressed that he was bored and asked Udell to

request permission from Milestones to work on new music, which Milestones granted. Kris

worked on a song that he had started prior to entering rehabilitation that was going to be released

for free to promote Krewellas soon-to-be released Get Wet album. Management requested stems

from Kris while he was at Milestones so that the song could be finalized for the album.
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Upon returning to Los Angeles after their international tour in late 2013, Kris

began abusing substances again. While Jahan and Yasmine were in the studio working on

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Krewellas second album almost daily, Kris was absent and the little progress he showed

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indicated that he was not working full time. Kris refused to attend sessions with Jahan and

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Yasmine and missed sessions with outside producers. During this time, meetings were

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sometimes called to discuss the album and Krewella in general; Kris was consistently high on

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marijuana during these meetings.


48.

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Around this time, Kris was slacking on his craft and his work was becoming

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stagnant; Kris became very defensive when given negative feedback about the quality of his

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work. At Kriss request, the group engaged other producers to work on the album.

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F.

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Intervention and Kriss Continued Refusal to Actively Participate in Krewella


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Realizing that Kris was no longer sober, even after attending rehab, Jahan and

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Yasmine took a different approach to addressing Kriss mental healththey asked him if he was

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depressed and if depression was causing him to abuse substances. Kris denied being depressed.

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50.

On or around March 20, 2014, the Krewella team had an intervention for Kris to

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address his mental health and his inability to stay sober. The intervention included Jahan,

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Yasmine, Udell, Lim, Krauss, two of the bands booking agents, the bands business

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representative, and the bands Columbia A&R representative and was conducted by a

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professional interventionist. Kris was unaware of the intervention beforehand and at the

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intervention, it was apparent that he was not sober, with some commenting that they believed he

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was under the influence of marijuana. Everyone read letters to Kris expressing their love and
CROSS-COMPLAINT

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care for him and their concerns for his well being. Kris refused to go to the sixty day treatment

plan and instead told everyone to F--k off. He claimed he was not depressed, but did not want

to tour internationally because he hated flying overseas and going through customs. Instead, he

stated he wanted to take a two-week vacation with his girlfriend. The group told Kris to a few

weeks to get healthy and assess what he wanted in the future.


51.

Roughly two weeks after the intervention, on or around April 14, 2014, Kris,

Jahan and Yasmine met up with Management and Kris, who was under the influence, stated that

he had thought he has been fired from Krewella. Jahan and Yasmine assured him he was not

fired but asked him how the three of them should proceed. Jahan and Yasmine informed him that

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if he was not going to go to rehab, they expected him to actively participate as a one-third

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member of Krewella. All agreed that, because of his issues with sobriety, Kris was in no

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position to tour at that time and that Jahan and Yasmine would tour without him until he was

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sober and ready to rejoin them. Unprompted, Kris promised to show progress on new music

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for the album Jahan and Yasmine were writing every three days while Jahan and Yasmine were

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touring. He never satisfied his promise. Kris could not fully execute production of any songs, so

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he requested help from outside producers. Jahan and Yasmine agreed, but Kris then missed

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sessions with producers Pegboard Nerds in May 2014 and T Collar and Don Gilmore in June

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2014.

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52.

Because Kris did not rejoin the tour after the intervention, Jahan and Yasmine

went on without him, believing that he was making music full time off the road.
53.

In or around late May 2014, Jahan and Yasmine met up with Kris to discuss his

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payments. The Krewella team had discussed Kriss unearned payments. Kris had been

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completely absent from the tour since March 16, 2014; he had shown minimal progress on the

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album; he had been absent from studio sessions; and previously, when he had participated in live

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performances, he did not productively contribute to theminstead he engaged in destructive

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behavior on stage or threatened to sabotage the shows. Despite all of this, he had been paid as

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though he were an active and contributing member of Krewella from the beginning. Kris agreed

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that it was unfair that he had received one-third (1/3) of Krewella touring revenue; he agreed that
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it was fair if he received only one-half of his share of touring income (16.66% of total touring

revenue) while Jahan and Yasmine were on tour if he showed progress on the album that Jahan

and Yasmine had been writing. All three agreed that they would evaluate Kriss progress in

January 2015; if he had showed significant progress, the three would then discuss whether he

should receive a full one-third share of Krewella Live LLC again.


54.

On May 28, 2014, Kris tweeted, I get a lot of people asking why Im not at a

Krewella concert. Im in LA making tunes for everyone! The girls can hold it down at shows.

However, Kris had little to no progress to show to justify him not touring with Jahan and

Yasmine. On or around June 19, 2014, Jahan sent a text message to Kris expressing displeasure

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with Kriss lack of communication and work ethic while she and Yasmine had been working

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tirelessly on Krewellas second album. Kris responded by promising to send a zip file containing

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new music the following day to prove that he had been working on new music. When Jahan

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followed up and asked Kris for the zip file on June 20, 2014, Kris responded by sending only a

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text message of his face and ignoring her request. Even after this conversation, Kris never sent

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the new music he promised.


55.

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On June 3, 2014, Kris emailed Krewellas business manager, asking in a dire

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situation, if I found myself getting removed from the band for any reason, I would be very

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interested to know how much Ive earned to this point or a net worth if you will.

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G.

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Kriss Resignation from Krewella


56.

On June 21, 2014, Kris called Lim to tell him that he no longer wanted to be a

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member of Krewella. Lim texted Kris, asking if he was alright, and Kris responded with No. I

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f--king hate Krewella. Kris repeated his statements on a call with Lim the following day.

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57.

At or around 5:30 a.m. on June 22, 2014, Kris informed Udell via text message

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that he was talking to Krauss about the terms of his disassociation from Krewella. When Udell

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asked if he wanted to disassociate completely, Kris responded with Indeed.

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58.

On June 22, 2014, Kris tweeted a flyer for Krewellas performance at Daylight

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later that day. The flyer contained a picture of only Jahan and Yasmine. Jahan and Yasmine were

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coming home from the Daylight performance later that evening when Kris called Jahan to inform
CROSS-COMPLAINT

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her that he wanted out of Krewella. Kris repeatedly said I hate you to Jahan and stated that he

never wanted to speak to her again.

59.

On June 23, 2014, Kris sent another text to Udell stating I need u [sic] to help me

quit. Fairly. Nathan, Jahan, Yasmine and Jake [sic] are not like me. Maybe Im lazy or have no

motivation.

60.

The trio had studio time scheduled with Don Gilmore for June 24-26, 2014. When

Udell asked Kris on June 23, 2014 if he was coming to the scheduled June 24, 2014 studio

session, Kris responded with If u [sic] help me quit today, I wont be there.

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61.

Jahan and Yasmine attended the scheduled studio session on June 24; Kris never

showed up.
62.

Since before or around June 22, 2014, Jahan and Yasmine have been working on

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the album without Kris, with one exceptionKris has sent pieces of some songs (stems) to Jahan

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and Yasmine for them to continue working on with other producers.

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63.

On July 18, 2014, John Ingram, Udell and Lims attorney, sent an email to Jahan,

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Yasmine and Kris and stated that in light of Kris exploring the possibility of separating from

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Krewella and removing himself as a member of Krewella Music LLC and Krewella Live LLC

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that Udell and Lim were not taking an active role in the transition and would help all three as

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needed.

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64.

Since June 22, 2014, Kris has, on more than one occasion, threatened to make

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[Jahan and Yasmines] lives a living hell. Kris claimed he would only perform as a member of

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Krewella to receive his share of live performance income and if given the chance to perform, he

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threatened to sabotage Krewellas shows. In August 2014, after Kriss resignation, the Yousafs

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indicated that Kris could rejoin Krewella if he went to rehab. The Yousafs asked Kris to return to

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rehab because his threats to sabotage both them and Krewella had damaged their trust in him;

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Jahan and Yasmine needed Kris to be clear-headed so that they could all move forward together.

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Kris refused. Instead, at a meeting on August 28, 2014, Kris stated to Jahan and Yasmine, in the

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presence of Management, My attitude is different from you guys, I dont give a f--k. You guys

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care if we get drunk and get on stage and f--k up DJing. I dont.
CROSS-COMPLAINT

13

65.

Kris sent Krewellas business manager and his staff an email on August 8, 2014,

thanking them for their help the past few years for him and for Krewella. Kris also stated, I

believe it would be best, as we figure out the proceedings with Krewella, for me to have my own

representation moving forward.

66.

Unrequested, Kris sent a demo of the song Break It, which he co-produced,

with somewhat finished production, to the Yousafs on or around September 6, 2014. On or after

September 25, 2014, Lim sent a text message to Kris explaining that Kris could return as a

member of Krewella if was sober, but noted that he needed to go to rehab. Alternatively, Lim

informed Kris that if he wanted to live life completely on [his] own terms, no one is stopping

10
11

[him] from continuing to produce. Even for KrewellaBut [sic] not as part of the band.
67.

In addition to the numerous shows he attended under the influence of drugs and

12

alcohol, Kris has failed to attend sixty eight of two hundred and twelve shows from January 3,

13

2013 through June 22, 2014, his date of resignation from Krewella.

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15

68.

Kris, Jahan, and Yasmine have each received equal one-third share disbursements

from both Krewella Music LLC and Krewella Live LLC through August 1, 2014.
a. Between August 30, 2013 and September 30, 2013, during his time in rehab,

16

Kris received at least $45,000.00 from the Krewella LLCs combined.

17

b. Between December 2013 and June 16, 2014, Trindl has received at least

18

$177,000.00 from Krewella Music LLC alone.

19

c. Between March 26, 2014 and August 1, 2014, Trindl has received at least

20

$410,000.00 from Krewella Live LLC alone.

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22

d. Between June 30, 2014 and August 1, 2014, Trindl has received at least

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$255,000.00 from Krewella Live LLC and Krewella Music LLC combined.

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69.

Trindl filed a lawsuit against Jahan and Yasmine on September 29, 2014, alleging

25

that he is an active member of Krewella Live LLC and Krewella Music LLC and in effect, that

26

he is entitled to future distributions from the LLCs.

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28

70.

Nonetheless, on or around November 14, 2014, Trindl released a new music

project, Hunter Square. Trindl serves, at least in part, as a producer in his role as a member of
CROSS-COMPLAINT

14

Hunter Square. On November 14, 2014, Trindl released new music as part of Hunter Square on

his Twitter page to over 40,000 followers.

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4

CLAIM I
Declaratory Judgment of Kris Trindls Resignation from the Krewella Music LLC and
Krewella Live LLC

71.

set forth herein.

72.

The Yousafs repeat and reallege all of the foregoing paragraphs as though fully

California law allows for a declaratory judgment action for the respective rights

and duties of the parties to one another if there is an actual controversy regarding the rights and if

there is a fundamental disagreement over the rights between the parties. Cal. Code Civ. P.

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11

1060.
73.

California also provides that when an action deals with an LLCs organization

12

and internal affairs and the liability and authority of its managers and members, the law of the

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state of formation governs. Cal. Corp. Code 17450. Because the Krewella LLCs were formed

14

under the laws of Delaware, Kriss current status as a member of the LLCs is governed by

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Delaware law.

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17
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74.

Through his actions detailed throughout this Cross-Complaint, Kris took multiple

steps to sever his ties with Jahan and Yasmine, the other members of the Krewella LLCs.
75.

All members of the Krewella LLCs were expected to create music and perform

19

live. Kris has consistently failed to fulfill his obligations as a member of Krewella. Jahan and

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Yasmine have worked with Trindl to help him fulfill his LLC dutiesholding an intervention,

21

allowing him to decrease his touring obligation, encouraging him to continue making music

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but he has failed to perform in a manner and at a level that is required as a member of Krewella.

23

76.

Kriss express wish to no longer be a member of Krewella, as communicated to

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Lim on June 21, 2014, Jahan on June 22, 2014, and Udell on June 23, 2014 indicate that he has

25

withdrawn as a member of Krewella. Additionally, he stated to Udell on June 23, 2014, that if

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Udell helped him quit, he would not attend the June 24, 2014 studio session. Kris did not attend

27

this session, effectively again communicating his resignation from Krewella.

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CROSS-COMPLAINT

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77.

Kriss actions and inactions have effectively communicated his resignation to the

remaining members of Krewella. While Jahan and Yasmine indicated that they would be willing

to allow him to rejoin the group, he has refused to abide by their terms (mainly, that he remain

sober). As such, Kris has resigned from the LLCs under Delaware law. See Levey v. Brownstone

Asset Mgmt., 2014 WL 3811237 (Del. Ch. Aug 1, 2014).


78.

However, despite his actions and statements, through his lawsuit, Kris now

alleges that he never resigned from the Krewella LLCs. Accordingly, there is an actual

controversy between Kris, Jahan, and Yasmine as to Kriss membership status in the Krewella

LLCs.

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79.

A declaration of Kriss status in the Krewella LLCs will terminate the controversy

11

between Trindl and the Yousafs because the declaration will determine whether Kris has

12

resigned from both Krewella Live LLC and Krewella Music LLC, effective as of June 22, 2014

13

and will determine whether Kris is entitled only to the value of his one-third share as of June 22,

14

2014 and no future distributions.

15

CLAIM II

16

Kris Trindl Breached His Fiduciary Duty of Care

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80.

The Yousafs repeat and reallege each of the foregoing paragraphs as though fully

18

set forth herein.

19

81.

During the time Trindl was a member of Krewella Live LLC, he would perform

20

inebriatedunder the influence of drugs and alcohol; he recklessly interfered with Jahan and

21

Yasmines performances; he would belligerently yell at the audience full of fans who had paid

22

for tickets from the stage; he would recklessly stop the music; and he took no affirmative steps to

23

learn to DJ or play Krewella songs on the guitar in an effort to participate in the live show.

24

82.

Kris was more involved in living like a rock starpartying hard, drinking

25

excessively, and abusing drugsthan actively participating in the live performances of the band.

26

His active choicesto drink, take drugs, to perform under the influence, and to miss and/or leave

27

DJ and guitar sessions and rehearsalsall demonstrate Kriss reckless indifference to how Jahan

28

and Yasmine, the other members of Krewella Live LLC, were affected by his actions.
CROSS-COMPLAINT

16

1
2
3

83.

Because Kriss actions were grossly negligent, he has breached his fiduciary duty

of care as a member of Krewella Live LLC.


84.

During the time Kris was a member of Krewella Music LLC, he, along with Jahan

and Yasmine, was expected to create and produce music for the band full time. However, Trindl

produced little music for the band and often relied on outside producers to substantially

supplement his minimal contributions. Upon returning from the Stereosonic Tour in 2012, Kris

has contributed little, if any, substantive music to the group. Instead, Kris spent his time smoking

marijuana and drinking. While Jahan and Yasmine were making music full time, Kris was

skipping sessions and requesting the help of outside producers

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11
12

85.

On the Get Wet album, Kris required help with production on eight of the nine

new songs.
86.

In May 2014, in exchange for being relieved of his obligation to tour, Kriss only

13

obligation and sole focus was to be on creating music full time for the Krewella album that Jahan

14

and Yasmine had been writing. He decided he would provide updates to Jahan and Yasmine

15

every three days. With the limited exception of the unrequested demo sent on September 6, 2014,

16

Kris never provided fully executed songs and he missed sessions with the outside producers that

17

he requested. When Jahan asked for updates, he instead sent pictures of his face.

18

87.

Kris understood that it is necessary for Krewella to continue to produce and

19

release new music and simply did not care to make music. He would continually promise to

20

make new music and then would recycle old songs with minor additions and/or alternations

21

when prompted to provide something.

22

88.

Jahan and Yasmine must

pay money from Krewella Music LLC to engage

23

outside producers to engineer and finish production on songs that Kris did not begin or finish

24

working on. By knowingly choosing to drink and take drugs instead of making music and

25

actively fulfilling his role as a member of Krewella Music LLC, Kris acted recklessly indifferent,

26

to how Jahan and Yasmine would be affected.

27
28

89.

Accordingly, Kriss actions were grossly negligent and he has violated his duty of

care to Krewella Music LLC.


CROSS-COMPLAINT

17

CLAIM III

Kris Trindl Has Breached Oral Contracts

90.

The Yousafs repeat and reallege each of the foregoing paragraphs as though fully

set forth herein.

91.

Jahan, Yasmine and Kris agreed that Jahan and Yasmine would sing live and DJ

onstage, and that Kris, who initially was just to appear onstage for image purposes, needed to

become more involved in the live show. Specifically, Kris was to learn how to DJ or play

Krewella songs on guitar so that he could also perform live.


92.

Jahan and Yasmine have sung live and/or DJd at over three hundred shows since

10

May 11, 2012, whereas, while appearing at only roughly one hundred of these shows, Kris has

11

DJd only two songs (not whole performances) and played acoustic guitar for one song.
93.

12

Primarily, Kris has missed over roughly seventy of over two hundred

of

13

Krewellas shows in the eighteen month span between January 3, 2013 and June 22, 2014. While

14

Jahan and Yasmine have sung live and/or DJd at all of Krewellas shows, with the limited

15

exceptions listed in Paragraph 92 above, Kris has failed to learn how to DJ, to play Krewella

16

songs on the guitar during live performances, and has refused to attend and/or participate in DJ

17

lessons and rehearsals for live performances to incorporate Kris playing Krewella songs on the

18

guitar.

19

94.

Kriss last appearance with Krewella was March 15, 2014; yet, Kris has received

20

at least $410,000.00 in distributions from March 26, 2014 through August 1, 2014 for live

21

performance that only Jahan and Yasmine have performed.

22

95.

Kriss breach of his contractual obligations is the legal cause of substantial

23

damage to Jahan and Yasmine, as members of Krewella Live LLC, for which Jahan and

24

Yasmine seek monetary damages in an amount to be determined at the time of trial, which upon

25

information and belief is expected to be in excess of $25,000.00.

26

96.

Jahan, Yasmine, and Kris agreed that each would create music solely for Krewella

27

albums. Generally, Jahan and Yasmine write the lyrics and Kris produces the sounds, although

28

there is some overlay with the roles. Together, each would participate as equal members of
CROSS-COMPLAINT

18

Krewella and dedicate themselves full time to Krewella and to creating a new take on electronic

dance music. Intending to be bound by this agreement, the three signed a record contract with

Columbia Records in 2012 and released their album, Get Wet, in 2013.

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5
6
7
8

97.

The trio agreed that as long as each member was substantially contributing to the

creation of Krewella music, the Parties would share equally in the profits.
98.

Initially, Jahan, Yasmine, and Kris all created music for the benefit of Krewella

and accordingly, received equal profits.


99.

However, Kris stopped performing under the terms of the trios oral contract after

the band returned home from 2012 Stereosonic Festival Tour. Kriss contributions significantly

10

declined and Kris began recycling the same songs with minimal and/or insignificant additions,

11

rarely creating new music. Additionally, Kris requested that outside producers be brought in to

12

help finish his work.

13

100.

Despite his lack of contributions, Kris has been paid at least $177,000.00 from

14

Krewella Music LLC. Further, Krewella Music LLC has paid amounts that normally would have

15

been distributed to the members of Krewella in costs to outside producers because Kris has been

16

unable and/or unwilling to perform his contractual obligations.

17

101.

Therefore, Kriss breach of his contractual obligations is the legal cause of

18

substantial damage to Jahan and Yasmine, as members of Krewella Music LLC, for which Jahan

19

and Yasmine seek monetary damages in an amount to be determined at the time of trial, which

20

upon information and belief is expected to be in excess of $25,000.00.

21

102.

In an effort to get some musical product out of Kris, in or around early May 2014,

22

Jahan, Yasmine and Kris agreed that Kris would receive one-half of his Krewella Live LLC

23

income if he focused on creating music full time in lieu of touring. All three agreed that they

24

would reevaluate in January 2015 to see if Kriss progress warranted returning his share of

25

Krewella Live LLC income to a full one-third share.

26
27

103.

The Yousafs went back on tour and Kris did not join them. Kris tweeted to his

followers on May 28, 2014 that he was making music for Krewella.

28

CROSS-COMPLAINT

19

104.

Kris never satisfied the agreement and was not making music for Krewella. Jahan

asked for an update well over two weeks later and Kris instead responded with a picture of his

face.

105.

Despite not providing any significant musical contributions while Jahan and

Yasmine embarked on Krewellas international tour, Kris was paid at least $260,000.00 from

Krewella Live LLC from June 2, 2014 through August 1, 2014.

106.

As members of Krewella, Jahan, Yasmine and Kris were expected to create music

for Krewella only. During the time Kris was not touring with Krewella, he was expected to be

making music for Krewella full time. However, during this time, he never produced any

10

substantive material for Krewella, but has been able to create new music for his new project,

11

Hunter Square.

12

107.

Based on the foregoing, Jahan and Yasmine have suffered significant monetary

13

damage as a result of Kriss breach of contract and seek monetary damages in an amount to be

14

determined at the time of trial, which upon information and belief is expected to be in excess of

15

$25,000.00.

16

CLAIM IV

17

Kris Trindl Has Been Unjustly Enriched

18
19
20
21
22

108.

The Yousafs repeat and reallege each of the foregoing paragraphs as though fully

set forth herein.


109.

As established in through this Cross-Complaint, the Yousafs and Kris agreed that

they would all create music and engage in live performances as members of Krewella.
110.

Trindl stopped participating in any of Krewellas live performances on March 16,

23

2014. Trindl stopped creating substantive music for Krewella in May 2014. Despite this, Trindl

24

has received at least $410,000.00 from Krewella Live LLC for his non-participation. Further,

25

Kris was paid at least $177,000.00 between December 31, 2013 and June 16, 2013 by Krewella

26

Music LLC. In addition, Kris has received his one-third share of income from the Krewella

27

LLCs while he was in rehab during August, September and October of 2013 for a total of at least

28

$45,000.00.
CROSS-COMPLAINT

20

111.

Kris received these amounts under the mistaken belief that he was going to take

his sobriety seriously and become a full-fledged participating member of Krewella once again

when sober. But Kris has not done so.

112.

Kris has continued to consume and abuse drugs and alcohol, even returning to a

detoxification program in June 2013, and, despite his claims, never actively undertook steps to

return, and has not returned as, an active and participating member of Krewella.

113.

Instead, Kris tendered his resignation as a member of Krewella on June 22, 2014.

As such, Kris has received monetary benefits that are a direct result of only Jahan and Yasmines

services. Therefore, Kris has been unjustly enriched.

10

114.

Accordingly, Kriss unjust enrichment is the legal cause of substantial damage to

11

Jahan and Yasmine, as members of Krewella Live LLC and Krewella Music LLC, for which

12

Jahan and Yasmine seek monetary damages in an amount to be determined at the time of trial,

13

which upon information and belief is expected to be in excess of $25,000.00.


TRIAL BY JURY

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15
16

115.

The Yousafs hereby request trial by jury on all issues wherein trial by jury is

permissible.
PRAYER FOR RELIEF

17
18

WHEREFORE, Jahan Yousaf and Yasmine Yousaf pray for judgment against Kris Trindl

19

as follows:

20

(1)

An Order and Judgment declaring that Trindl has resigned as a member of both

21

Krewella Live LLC and Krewella Music LLC and that he is entitled only to the

22

fair value of his one-third share of the LLCs at of the date of his resignation;

23

(2)

fiduciary duty to Krewella Live LLC;

24
25

(3)

28

Compensatory damages of more than $25,000.00 for Trindls breach of his


fiduciary duty to Krewella Music LLC;

26
27

Compensatory damages of more than $25,000.00 for Trindls breach of his

(4)

Compensatory damages of more than $25,000.00 for each of Trindls breaches of


contract;
CROSS-COMPLAINT

21

(5)

enriched;

2
3

Compensatory damages for all amounts in which Trindl has been unjustly

(6)

An award of actual and reasonable attorneys fees and costs for services rendered
to the Yousafs in this action;

4
5

(7)

An award of pre- and post- judgment interest;

(8)

A trial by jury on all triable issues; and

(9)

Such other relief as the Court deems just and proper.

8
9
10
11
12
13

DATED: November 21, 2014


KING & BALLOW
By:______________________________________
Paul H. Duvall, Esq.
Richard S. Busch, Esq.
Attorneys for Defendants / Cross-Complainants

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CROSS-COMPLAINT

22