age 1 of 30 — * @ ORIGINAL @ p pg 1 | KILOMETER PARTNERS, LLP No FILED, 2 | DAVIDI. MICHAELS (SBN 276100) yOu Ase david@[Link] 3 | JUSTIN BROWNSTONE (SBN 193411) ~ JAN 04 2017 justin@kilometer partners ‘Berth Cute Beige One 4 | 631 N Larchmont Bivd., No. 1 ® oa 5 | Los Angeles, CA 90028, sit 323-380-7211 6. Attorneys for Plaintiff i : DB Coho ©. Rico g SUPERIOR COURT OF THE STATE OF CALIFORNIA of FOR THE COUNTY OF LOS ANGELES 10 11 | ANTHONY POMPLIANO,anindivdual,} Case No, Bob 45641 ue Plaintiff, } 13 ) _PUBLIC-REDACTS MATERIALS v. FR LI 4 } ‘RECORD! 15 | SNAP, INC, dba. SNAPCHAT, a ) Delaware Corporation; and 16 | DOES | through 10, |, COMPLAINT FOR: "7 Defendants. } 1) MISREPRESENTATION 18 ) PREVENTING FORMER ) EMPLOYEE FROM 9 3 OBTAINING EMPLOYMENT; 20 4 CAL. LAB, CODE § 1050 ET 5 SEQ. MT Ag cipivyar te ‘21608 19 erouDeserIND tH LTz033 Theabs08 "The reason fo lng his redecte version of th complaint is describoin Paints Notice of Lodging of th 28 | Unredacted Complaint Provisionlly Under Sea. ‘Boot 1 Page 1 = Doo 1D ~ 2676207769 ~ Doc Type = onmRwage 2 oc 31) 1 Plaintiff, Anthony Porpliano (“Plaintif?” or “Mr. Pompliana”), by his undersigned 2 | counsel, hereby complains against Defendant Snap, Inc. dba Snapchat ("Snapchat” oF “the 3.| Company”), and Does 1 through 10, and alleges as follows, upon personal knowledge as 10 4 | Plaintiff and his own acts and upon information and belief es to those matters of which Plaintiff 5 | does not have personal knowledge. 6 INTRODUCTION 7 8 9 0 1, This action arises cut of the avarice of the small group of executives atthe helm of social media giant Snapchat who have been falsely representing ee Snapchat’s valuation, with the ultimate goal of taking the company public through a rmulti- to investors in an effort to inflate | WY oi dole io inal pubic offering (1PO"), Snapehat will not let anything stand in its way 12 | ofan PO, inching its obligations to represent material fats actiitely B 2. Mr. Pompano’ refusal to participate in Snapcha’s instiational pandemic of 14 | ispresenting NNN 10 is iovestors and trading partners led to his unlawful 15 | termination by Defendant Snapchat 16 3. Driven by its fierce rivalry with Facebook ~ a spurned suitor tumed keen 17 | competitor ~ Snapshat faudulenty induced Mr. Pompliano away from Facebook t0 run 18 | Stapchars new user growth and engagement team by falsely representing to him, among other 19 | things, the Company's growth, Throughout the recruiting process, Snapchat represented to Mr, 20 | Pomplieno that Snspha TT Boi tics 22 | were false. B 4. At the outset of his remarkably short, three-week tenure at Snapehat, Mr. 5 24 | Pomptiano 1arned $ i 5 | A ; 226 | MMM. Mc. Pompliano urged Sept 7 5. When Mr, Pompliano alerted-Drew Bolle, Snapchet’s Vice President of Finance 28 | and the architect of Snapehat’s planned IPO, to the falsity of Snapchat's representations, Mr. “2. COMPLAINT och 1 Pagel 2 - Doc 39 = 267620769 - boo Type = OnERGage 3 of a 1) Bolter 25d hs ES 2 | San \ir. Pompliano also informed Jil Hazelbaker, Snapchat's Vice President 3} of Communications, thatthe company should stop falsely representing to advertisers and others 4 | (he i: Pompliano further wrote t Brian Theisen, 5 | Snapchat’s then-Director of Business Operations and a former Facebook employee, and 6 | explained ht a 7 | SNS Ths: effors, which srould have been rewarded, 8 | wound up costing Mr. Pompliano his job. 9 6. Snapchat’s leadership saw Mr. Pompliano es an impediment to their planned 10 | IPO because he refused to turn a tum a blind eye to Snapchat’s misrepresentations. Indeed, 11 | Snapehat accurately perceived that Mr. Pompliano woutd “blow the whistle” should Snapchat 12 | continue to misrepresent its INN 10 the public, advertisers, prospective employtes, 13 | private investors, or in connection with its planned IPO. ' 4 7. It also became quickly apparent that the real reason Snapchat hired Mr. 15 || Pompliano away from Facebook was not to build a growth team, but for the nefarious purpose 16 | of obtaining Facebook's confidential and proprietary information, and enlisting Mr. Pompliano 17 | (0 AA 0 ttstanding the fact that Snapchat ‘18 | knew—and Mr. Pompliano repeatedly reminded them—that doing so would violate the 19 | confidentiality and non-solicitation agreements he signed with Facebook. Snapchat 20 | nevertheless repeatedly pressured Mr. Pompliano to breach his agreements by Samm LL 22 | Mr. Pompliano’s refusal drew the ire of Snapchat’s senior management 2 8. For these reasons, just three weeks into his tenure at Snapchat, the Company Sa) retained ‘against Mr, Pompliano by summarily and wrongfully terminating his employment in 25 | violation of public policy. Tt is apparent that Snapchat’s conduct was m. icious because, 26 | among other things, Snapchat terminated Mr. Pompliano even though there was not a one 27 | negative comment in his employment file, 28 | w COMPLAINT ‘boot 2 Pages 2 - Doe 1D « 1676207769 ~ Doo ype = OTIERrage «of 30) 1 9. Because the truth concerning Mr. Pompliano's termination was so potentially damaging to Snapchat’s planned IPO, terminating him wasn’t énough to ensure the public was kept in the dark. Accordingly, pos-termination, Snapchat has sought to destroy his career and reputation by waging @ smear campaign against Mr. Pompliano, by making false 2 3 4 5 | representations conceming the circumstances of his termination. 6 10, Mr. Pompliano fled a lawsuit against Snapchat in arbitration (pursuant to @ 7 | contractual provision he signed), seeking redress for Snapchat’s egregious misconduet. In that 8 | arbitration Mr. Pompano seeks, among other things, damages for lost wages, significant harm 9 | tons professional reputation, and punitive damages based on Snapchat” intentional, wrongful, 10 } deceptive, retaliatory, and malicious conduet. nN 11. In this action, Mr. Pompliano seeks an injunction to preserve the status quo 12 | pending the outcoine of the arbitration proceedings by preventing Snapchat from continuing to 13 | make false representations conceming the circumstances surrounding Mr. Pompliano’s 14 } termination. 15 ‘THE PARTIES 16 12, Mr. Pompliano is an individual working and residing in Los Angeles County. 17 | Until the time of his wrongful termi ion, there existed an employeremployee relationship 18 | and actual and implied employment contrasts between Me, Pompano and Snapchat 19 13, Defendant Snap, Inc. is @ Delaware corporation that has its primary place of 20 J busines in the County of Los Angeles, Califomia, and ta its registred agent is Corporation 21 | Service Company, dba Lawyers Incorporating Servic, whose address is 2710'Gateway Oaks 22 | De, Suite 150N, Satamento, California 95835, eee 14, The true names and capacities of Defendants referred to herein as Does | 3 24 { through 10 are unknown to Mr. Pompliano at this time and Mr. Pomplieno is informed and i 25 | believes that they are also partly responsible for the damages he has incurred. Mr. Pompliano S26 | will amend this Complaint to allege their true names and capacities when ascertained, 7 15. Mr, Pompliano is informed and believes, and thereon alleges, that at all material 28 } times each Doe Defendant's actions and conduct were known to, authorized, and ratified by 4. sr SHES eeceeeees eves eseeeeceeceeeceecteaeeee eee eee COMPLAINT ‘ect 1 Paget 4 = Doo XD = 2676207769 - Doe type = onaerage 5 of 32) 1 | Snapchat and/or its agents. 16. Mr. Pompliano is informed and believes, and thereon alleges, that Snapchat commited other wrongful acts or omissions of which Mr, Pompliano is presently unaware, 2 3 4 || Such acts are ongoing and will continue after the filing ofthis arbitration claim. Mr. Pompliano 5} expressly reserves the right to amend his Complaint when he discovers the other acts and 6 jons of such Defendant(s) and additional claims against itthem. 1 GENERAL ALLEGATIONS 8 | Plaintify Anthony Pompliano 9 17. Plaintiff Anthony Pompliano is a decorated wer veteran, and a leading expert in 10] the specialized field of developing and testing growth strategies for social media Internet 11 | companies. His beckground amply prepared him forthe significant leadership roles that he has 12 }}- undertaken in recent yeas. B 18. Mr. Pompliano served his country for nearly seven years in the United States 14 J Army, where he rose to the rank of Sergeant, Mr. Pompliano’ graduated from the Army's 15 |] Warrior Leader Course as well as its Infantry Leadership School—courses that focus on 16 | leadership, decision making, strategy, and ability to execute in extremely high-sress situations. 171 He was named Distinguished Leader Graduate and Commandant’s List Graduate, 18 J respectively—awards given only tothe top 1-2% of all graduates » 19. In 2008, Mr. Pompliano deployed to Iraq to fight in Operation Iraqi Freedom. 20 | During his 13-month deployment, he led his squad in hundreds of combat missions, including, 21 | route clearance and high-value target cordon and searches. Mr. Pompliano received numerous 22 | awards and medals for his service, including the Combat Action Badge. | 2B 20, Mr. Pompliano completed his bachelor’s degree with a double major in “I .24 | economies and sociology at Bucknell University in 2011, during which time he worked as a & 2 25 | network engineer and global security specialist forthe New York Stock Exchange and as a © 26 | network engineer for Neteffect. S n 21, Mr. Pompliano went on to co-found The Community Corkboard, the largest 28 | public schoo! advertising network in the country. ‘The Community Corkboard empowered | t ae COMPLAINT ‘boot 4 Agee § ~ Goo 1D = 1676207769 ~ Doc type = OER(rage 6 of 30) 1 | public schoo! districts to combat funding cuts with professional, online advertising. The 2} company was acquired in June 2012, 3 22, In January 2013, Mr. Pompliano founded DigaForee, a leading social 4 | intelligence company specializing in demographic and psychometric measurement, Under his 5 | leadership, DigaForce was named the Second Most Promising Startup in Sports by MIT and 6 | ESPN, before being acquired in December 2013 by Strategic Link Partners. 7 23, Leveraging his experience building successful Intemet startups, in February 8 | 2014, Mr. Pompliano was recruited to join Facebook, where he led the Growth & Engagement 9 | initiatives for Facebook Pages. While at Facebook, Mr. Pompliano helped to launeh numerous 10 | products, including AMBER Alerts and Voter Registration, while also adv 1g Facebook's top 11 | executives on their social media strategy. Mr. Pompliano was well-compensated at Facebook, 12 | receiving both a generous salary ain signiticantly appreciating stock and stock options. 13 | Key Performance Metrics In The Social Media Industry “4 24, Virtually every social media application collests and analyzes data from the 15 || activity of user accounts in order to understand how users engage with the application. Certain 16 | user engagement metrics derived from such date have emerged as key indicators of an 17 | application's performance. Some examples of these key performance indicators (“KPIS”) 18 }) include an application’s: Daily Active Users; Monthly Active Users; User Retention Rate; 19 ]) Active User Growth Rate; Registration Completion Rate; Installations; Frequency; Session 20 | Length; Average Reventie Per User. 2 25, KPIs are used to measure an application’s growth, rate of user retention, depth 22 | of user engagement, and to help create strategies for improving such core metrics, which is 23 | etticl wo succes. Its therefore common for social media companies to broadcast their KPIs 24 | publicly as a way to showcase their sucess. vars 25 26. Given the importance of an application’s KPIs, i s standard industry practice to 26 | employ sophisticated data analytics methods and testing to ensure the validity of KPIs and to 217 | develop intelligent strategic growth and user engagement initiatives based on analyses of the 28 | sumbers. 6 COMPLAINT, ‘Boob 4 Paget 6 ~ Coe 1D = 1676207769 ~ Doe type = ome(rage 7 of 32) 1 27. Snapchat, however, never invested in building a user growth and engagement 2 | team to employ such sophisticated data analytics methods, because Snapchat CEO Evan 3} Spiegel simply did not care about user engagement metries. As a result—unlike mature social | 4] media companies such as Facebook and Twiter— Snap mamma | _ | 6 28. At the same time, however, Snapchat gaan epee | 7 | (ME as means of attracting advertising revenue and investor capital. In other words, when it 8 | ‘is financially incentivized to do so, Snapchat ees gees es 10 29. Snapchat realized that going through an IPO process would subject the company 11 ] toa much higher level of scrutiny than its prior, private securities offerings. In particular, 12 | Snapchat knew it would need to be perceived as a mature organization And because mature 13 | onganizations in the socisl media space take their KPIs seriously, by mid-2015, Snapehat made 14 | ita top priority to hice a high-level exccutive to create and lead a new growth team at the 15 | Company. 16 | Snapchat Ageressively Recruits Mr. Pompliano Away From Facebook. Company's New Growth Initiative 18 30. Snapchat recognized that hiring Mr. Pompli 10 would represent @ twin coup, 19 | given the demonstrated talent he would bring o Snepehat and its new growth initiative, and the 29 | loss it would represent to Snapchat’s industry rival, Facebook. Snapchat's top-ranking 21 | executives thus recruited him aggressively n 31, In July and August 2015, Mr: Pompligno had 2 series of telephonic interviews 23 | with a numberof senior executives at Snapchat. All of the interviews went exceedingly wel Som 32, On Monday, August 10, 2015, Snapchat flew Mr. Pompliano to Los Angeles for © 25 | adationat rounds of interviews with Snapchat’s most senior executives tis Venice, Clifomia S26 | headquarters. All of these executives gave Mr. Pompliano a hard-sell and assured him that 97 | Snapehat was committed to implementing a robust growth strategy and that their historic 28 | refusal 1 do so was a thing ofthe pat. COMPLAINT ‘oot 4 Paget 7 ~ boo to = 1676207769 ~ Doc Type = OTE,(age 8 of Pra id é n 2 3 4 1s 16 ” 18 20 21 2 2 4 5 26 7 8 33. Mr. Khan gave Mr, Pompligno a particularly hard-sell Eager to convince him to Join Snapchat, Mr. Khan repeatedly trumpeted to Mr. Pompliano thet Snapchat jg ES eS Hl. These representations were false, and were typical for Mr. Khan, who made similar tmisrepresentations when he was raising capital for Snapchat inthe Asian markets, including in soliciting a $200 million investment fiom the Chinese ecommerce giant Alibaba Group Holding Led, 34. The very next day, Tuesday, August 11, 2015, Snapchat contacted Mr. Pompliano to inform him that CEO Evan Spiegel wanted him to fly back down to Los Angeles ‘the next day to meet with him; Mr. Spiegel said it was urgent that he do so, Accordingly, Mr. Pompliano flew back to Los Angeles on Wednesday, August 12, 2015, to meet with Mr. Spiegel. 35. When the two met, Mr. Spiegel asked Mr. Pompliano if he could address any concems he had with joining the company. Mr. Pompliano inquired into Mr. Spicgel’s commitment to building and supporting a growth team at Snapchat, and asked him to comment ‘on Snapchat's failure to do so up to that point, Mr. Spiegel assured’ Mr. Pompliano that Snapchat was fully committed to building a full-scale growth team around him, and asked him ‘What he would need to build such a teain. Mr. Pompliano painted a detailed picture of a fullye functioning growth team of about 40 people, Mr. Spiegel assured Mr. Pompliano that if he Joined Snapchat, they would build such a team around him: 36, That Friday, August 14, 2015, Mr. Pomplisno received a job offer from Snapchat with @ compensation package that he was told was “massive” and “unprecedented.” Later the same day, Snapchat emailed Mr. Pompliano his formal offer letter, along with a Confidential Information and Inventions Assignment Agreement, and an Arbitration ‘Agreement, as attachments, (A true and correct copy of the A\ tion Agreement is attached hereto as Exhibit A.) The letter offered Mr. Pompliano the position of Growth Lead, with a healthy annual [Link] an award of restricted stock units (*RSUs") subject to approval by “8 COMPLAINT oct Pagel 8 ~ Dee ID = 1676207769 - bos sype = onER(rage 9 of 3) 1 | Snapetat’s Board and a four year vesting schedule, 37, Snapchat told Mr. Pompliano it was very important that he sign and return the three documents the same“day and that he commence work at Snapchet the following. Mondey—i., resign his position with Facebook that day (a Friday) without giving any notice, "uproot his life in Northern California and move to Los Angeles over the weekend, and start a new job on Monday, all in less than three days. Mr. Pompliano informed Snapchat that he ‘could not just abandon his position at Facebook without giving them two weeks' notice, which hve did the following Monday. | 38. News of Mr. Pompliano joining Snapchat was leaked to @ news reporter at 10 | TechCrunch, a popular technology blog, who wrote an article on Mr. Pompliano's departure 11 | fom Facebook to lead Snapchat’s growth team, There was a media frenzy over the 12 | announcement in the days that fllowed; the story was picked up by the Los Angeles Times, as 13 | well as industry news sources uding The Dram, Learn Bonds, and CampaignL ive. 4 39. When Mr. Pompliano joined Snapchat on August 31, 2015, however, everything 15 | changed. Behind the curtain was a very different company than the mature organizati 16 | committed to building a growth team that he was sold by Snapchat's senior executives during 17 | the recruiting process. 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Poor pliano was t IL || terminated a mere three weeks into his tenure as a Snapchat employee. napchat’s ynpliano and Destroy 13 | Forlmmediate injunctive Relief Carecr, “4 70. Asa result of his abrupt and wrongful termination by Snapchat, Mr. Pompliano 15 | has been deprived of his position as Growth Lead, hs salary, and his Snapchat stock. Mr. 16 | Pompliano’s wrongful termination by Snapchat has also caused serious and irreparable damage 17 | t0 his professional reputation in his rarefied field of work, and emotional distress. Mr. 18 | Pompliano's bit ing based on false representations and abrupt termination by Snapchat also 19 | caused him to lose his valuable position and good reputation, salary and significant stock 20 } options at Facebook. a 71, Simply terminating Mr. Pornpiano wasn’t enough for Snapchat, however. To 22.| ensure that the widespread incompetence and false representations that Mr, Pompliano 23 | uncovered at Snapchat did not get in the way of its IPO, Snapchat took preemptive measures to ane} ise tr, Pomptiana. In parcula,Smapehat sey represented to Sraphat employers S25 | and to thd pris, inching high-ranking executives inthe socal mein industry, that Me B26 | Pompliano was terminated three weeks after he was hired because he was incompetent. in 27 | realty, however, Mr. Pornpliano was terminated because he refused to participate in a scheme . 28 | 10 deceive the public and artificially inflate Snapchat's valuation in anticipation of its TPO. | Dect 1 Faged 47 - Boo 1D ~ 2676200768 ~ Doo Type = OnE “7s ‘COMPLAINTrage 18 of 31) 1 ‘72. For example, Mr. Pompliano was in talks with a major social media company 2 | about a filling a senior executive role with the company. The discussions had advanced 3°] considerably and Mr. Pompliano had received glowing feedback and enthusiasm about his 4 | prospective role with the company. On a near dally basis, Mr. Pomplisno was communicating ‘with a number ofthe company’s top executives, all of whom would promptly respond to Mr. Pomnpliano’s inquires 7B. The company, however, abruptly cut off all communications with Mr. Pompliano—notwithstanding its enthusiasm about Mr. Pompliano's candidacy—soon after it contacted Snapchat to inquire into Mr. Pomplisno’s short tenore there. Becnuse Snapchat 10 | would not jeopardize its IPO, Snapchat falsely claimed that Mr. Pompliano was terminated 11 | because he was incompetent, notwithstanding the fact that he had been employed by Snapchat 12 | fora mere three weeks and had not received a single negative review. B 74, Snapchat has made similar false representations about Mr. Pornpliano to its own 14 | employeés. 15 75. ‘These false representations have severely damaged Mr. Pompliano's reputation 16 | and career prospects. He therefore secks an injunction preventing Snapchat from doing any 17 | further damage to his reputation and career during the pendency ofthe arbitration, 18 76. The Arbitration Agreement provides, in relevant part: “Nothing in this 19 ] Arbitration Agreement will prevent either party from seeking a pr inary injunction (or other 20 | provisional remedy) in court to preserve the status quo before the arbitrator issues his/her 21 | award.” 2 71. Defendant Snapchat has been falsely representing and continues to falsely 23 |) represent to a wide-range of entities and leaders in the social media industry that it terminated 24 | Mr. Pompliano’s employment a mere three weeks after he was hired because he was not 25 | adequately performing in his position st Snapchat. Such representations were false and 3 26 | malicious and made with the express of covering up Snapcha’s false representations to 27 | investors and to the public. 28 | wy “18 (COMPLAINT ‘Deck 1 Fuge? 18 ~ Boo 1D ~ 2676207769 ~ Doo Type = OmERfogs 19 cf 31) 78. Therefore, pursuant 10 the Arbitration Agreement, Mr. Pompliano requests that 2 | this Court grant provisional injunctive relief and order Snapchat to maintain the status quo 3 | pending resolution ofthe arbitration with Mr. Pompliano, 4 FIRST CAUSE OF ACTION 5 | (Misrepresentation Preventing Former Employee from Obtaining Employment in | Violation of Cal. Lab. Code § 1050 et seq., against all Defendants) 7 79. Plaintiff repeats, realleges and incorporates by reference the allegations of 8 || paragraphs 1 through 78 as though set forth filly herein, ° 80. ~ California Labor Code section 1050 et seq., makes it unlawfil for any person, or 10 | agent or officer thereof, who, after having discharged an employee from the service of such 11 | person or after an employee has voluntarily left such service, by any misrepresentation prevents, 12 J orattempts to prevent the former employee from obtaining employment. B 81, Califomia Labor Code 1054 creates a private right of action by a former 14 | employee who is damaged pursuant to-scction 1050 to recover teble damages against the 15 | former employer. C.C.P. § 1054 ("{Alny person or agent or officer thereof, who violates any 16 | provision of sections 1050 to 1052, inclusive, is liable o the party aggrieved, in a civil ction, 17 | for weble damages.”) 18 82. While employed at Defendant Snapchat, Mr. Pompliano complained, to his 19 | superiors about Snapchat's repeated false representations to advertisers, to investors, an to the 20 | pi a 83. As a result, Defendant Snapchat terminated Mr. Pompliono [Link]-18, 22 | 2015, amere three weeks after he started working for Snapchat. B 84, After his termination, Mr. Pompliano was being reeruited by a social media 24 | company to fila high level executive position with the company. Inadition, Mr. Pompliano S a5 | was presented with a number of other business opportunites inthe socal media industry 2 85, All such prospective employment and business opportunities disintegrated when 27 | Defendant Snapchat was contacted to inquire into Mr. Pornpliano’s employment there. 28 | w -19- ‘COMPLAINT. Deck 1 paged 19 - coo tb = 1676207769 ~ Doe Hype = OnER(age 20 9 3) 85. Defendant Snapchat made material misrepresentations to those making’ such inquiries, thereby preventing Mr. Pomplieno from gaining employment after termination. 87, Mr. Pompliano was harmed and continues to’ be harmed by Snapchat's misconduct, 8. Defendant Snapchat’s conduct was a substantial factor in causing Mr. Pompliano’s harm. 89. Defendant Snapchat deprived Mr. Pompliano of his right to report wrongful activity to his supervisors without retaliation and termination. In commiting the foregoing aéts, Mr. Pompliano is entitled to reinstatement and/or ursement for lost wages and work benefits caused by the actions of Defendant Snapchat, plus attomey's fees and costs. 90. In committing the foregoing acts, Defendants were guilty of oppression, fraud, and malice, and, in addition to the actual damages caused thereby, Mr. Pompliano is entitled to recover damages forthe sake of example and by way of punishing Defendants 91, Wherefore, PLAINTIFF prays of judgment as set forth below. PRAYER WHEREFORE, by virtue of the foregoing acts complained of in this Compl Pompliano prays fora judgment against Defendant as follows: (@ A Preliminary Injunction Order issue immediately, pursuant to. which Defendant, dtectly or indirectly, and whether alone or in concert with others, including any officers, agents, employees and/or representatives, shall be [Link] maintain the status quo between the parties until such time as an arbitrator can render a final and non-appealable award, including by refraining from making any misrepresentations to any third party concerning the facts or circumstances surrounding Mr. Pompliano's termination from Snapchat prior to such final and non-appealable award; and, (6) An award of costs of suit herein incurred, including any interest atthe legal rate; and, (©) An order of exemplary damages due to Defendants malice, oppression and frauds -20- COMPLAINT ‘Bech 1 Page 20 ~ Goo 1D = 1676207769 ~ Doo Type « oR(ago 21 of 30) 1 (6) An award ofthe attorneys’ fees and costs incurred by Plaintiff 2 (©) An award of pre-judgment and post-judgment intrest and costs ofthis action 3 aginst Defendants, 4 (f) For such other and further relief asthe Court deems just and proper. 5 6 | Dated: January 4,2017 KILOMETER PARTNERS, LLP 7 : wy Ko DAVID. MICHAELS (SBN 276100) 7 631 N Larchmont Blvd, No. ‘Los Angeles, CA 90028 7 323-380-7211 savid@kilometerartners u 2 13 4 15 6 "7 ae 19 20 a 2 | 2B | = 4 é Sas Bs Susiar 28 -21- | ‘COMPLAINTrage 22 of 32) EXHIBIT A ‘Doct 1 Pages 22 = Doo 1D = 1676201759 ~age 23 of 32) [REDACTED] oot 1 Faget 23 - Doe 1D = 367620969 ~ Doo Type = OMIERrage 26 of 53) [REDACTED] ‘Beck 1 Paged 26 ~ Coo 1D = 1676207768 - Dee Type ~ OnERrage 25 of 31) [REDACTED] 21607407 10 ‘Dock } Fagot 25 Goo TD = 1676207769 - Dee Tyve = oneoge 26 0f 3) : @ ORIGINAL » cunt ara Ss RTT ne dacs SENSE [KILOMETER PARTNERS, LLP FILE eit! og samaneno: (323) 380-7213 to! ee aenite xgaay oxen: Anthony Pompliino fsuremor couar oF causonwa,counrvor Los Angeles, JAN 04 2017 ‘sweeassese 1] North Hil Street ‘wnusenses, 111 North Hill Steet Stu R Case Sete Ofc crvmenmcre Los Angles, CA SO012 Pr Lauipoe aisha Dey ‘carowtaue Sianley Mosk Courthouse : aa Anthony Pompliano’y. 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Coo you mus sen copy tha cover sheten at arya oe stent pout tice ee ates ct nt 2740 era compat, i cover set lb wed satel uote. aaa Givi CASE COVER SHEET Sema ‘Doct 2 Pageh 26 - boc TD = 1676207769 ~ Doc Type = orarage 27 of 3 a e e emote INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET 7 To Paliits and Oxnérs Fling Fist Papers. \ yu ao fing 3 fist paper (or example, 3 camps) in «i case, you ust exit and fe, ana with you est pepe, te Cai Case Cover Shes conaneson page 1. Ths infomation vil be used to coma falas abet the ypes and numbers of eases fied You mus amples lems { Uwough 6 on fe sheet Init 1, you must check See box ore tase ype tai bet desc Ue cas. Ifthe tase fis both geera and amore spec ype ct caseisted in ten 1, ‘hack e more specif ore. the case has mulipe causes cf actor check the Dox tha best indeats te primary cause cf acbon. ‘To gsi you in completing ne sheet earvpes othe cases thal belong unde each case tye in kam 1 are provided below, A cover heel must be fle ony wt your nl paper. Fl ee ever sheet wih he rt paper led nae case may subject pry, ‘cours er both fe sonctona upder les 2.30 and 3220 of he CloraRle 0! Court To Parise in Rule 3740 Collections Cases. A “colgcions caso" under le 3740 io deied os on acon for recovery af money ‘oned na sum slated tobe cast tal sol more than $25,000, excise ol irest analy’ les, aig Kom a Vansacfon I \hien propery, series, or honey vas ecqured anced. A Goletons case doés not nude an scton ceeing te folowing: (1) ot mages) purtive damages, (2) recovery of rel propery. (4) recovery of personal property, or (9) 2 prejaiment wit of ‘aeacimant. Tho israfcaton o's eaee ata ele 2740 calico cata on Bs fm meats Vat wl be exempt om he general time fersenicerequiemens and case managoment res, vless a delendant lesa responsive pleading. Aule 3740 électens ‘case subject the requiements for sence ad obtaring 2 jodgmemin ele 3740. ‘a Parts in Complex Cases. In comglox cases ony, pares must also use the Civ! Caso Covor Shoe! to deeigate wheter re ai ‘coripletng th apopriata Does in ms sand 2a plat esprites a case core, he cover shes ust be served with tt ‘complaint onal partes fo he actin, A delendant may fie and serve no later than the Ue ot fst appearance 2 joiner ine sls dsignatan, a coutresigraton ale cae Is ot comple 0, # the part has nade no dengnaton, a designation Pat fhe cases comple, [EASE TPES AND EXAMPLES ‘ao Ton ‘rovorally Comstox Cv Lidgaton (Cal ‘re PUPA Pecan Propary camagurengial Gath) Tod soem a oe Se acerca ‘ban Pato ay ‘the Prisco Heetatecins eee at = nasa mee lace seseee sciea a =e ee ae EEE a ee a Sees Bitten = mea eee coe ee, | Se ae om cage onan mani eee || een sagt cone iabnneoin wean Slaten , 8a8aul, Van Obve Real recent (eg i me eaecee cerrogemm "eet ‘itetPosaston cies Pesaty Se wake Rema oa Pd cay ae Sere rey erie = erry em Swope sng See = Salerro See e ung oqstes:., Practes (07) arene: titecolanoous Cu Petivon CREBSES emcee cast sein Bethe SEER cmc Sel odeiate mn eee, onan vol aa Son [EE ne Ser a en Peto nage (28) Wat Mand (3, a zi boar ee ewe ne Beeson Seeoote, pecan aoe a Seon oo bs hy eS Eeonon Rage Norte ages = ona Serra ona oy epee ae aaa ‘CIVIL CASE COVER SHEET ‘Dock 2 Paget 27 = Dos ID © 1675207769 ~ Doc Type = oFrage 28 of 3 @ ORIGINAL @ “Anny Pempliano v. Snap, In, eta, cr M5 641 CIVIL CASE COVER SHEET ADDENDUM AND ‘STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) “Tis orn roqure porsuahit to Local Ra 23 in all aw ch ade figs in the Los Angeles Superior Cou. ‘Stop 4: After completing the CrilCase Cover Shoct (lusicial Council form CM-010) find the eiact cate type in ‘Column that corresponds to the cae type indicated in the Gv Case Cover Sheet. ‘Step 2: 1 Column 8, chéck the box fr the type of action that st describes the nature ofthe ese, ‘Step 3: InColimnn Cece the number which explats the reason forthe curt filig location you have chosen ‘Applicable Reasons or Choosing Court Fling Lecaton (Column © ‘cams: ct asia Sly How eoumie, Cire Dnt, Tecate pene see 2. Poms lg ne de a. sense elrcanepicl tney $ tpontm cane cen se. 4. Lele nonce 4st erent nano 10 ean cf sera Oce. eae sont ag aon he oe -elt eter, ited ‘5 Location een peptone rape or cafsrery msies, _non-collection, hited collection, er personal irjury). €.tecatone opty opemarerty pages th z : 3 inguin pects aie ease. Soe ee “Sete ; naoea [0 Avo waorence-repeminuyprperomapenentaoen [ts 23 [cecemcnsomiqe [a arn peciyrepa ouguergttcan nessa [ae 1 ia aon) as ©. N21 Asn Perraliningtena eth nt Bie | __reczrunycao |e arte Panda (metas oendemens) vat £3 FSP vreeammsnsens) | Re tects open vat Ei MESES | arta Oba Pesan Coe Neeacee een 3H cpunmams [2 =? Pee cay pwn a SEB | Qrarecom | rz innate nanyrper Donate ai = EF | cme, Soman ect nm 6 en 3 ean | Ar inane oto oss 3 1D A720 Other Persea InjunPrepany DamageMrenghtDeatn oat LACIY 109 (Rev 276) CIVIL CASE COVER SHEET ADDENDUM ‘Local Rule 23 UASC Approved 03-04 AND STATEMENT OF LOCATION Page tof XVI AG ‘Doct 1 Page# 26 - Dee 1D 1676207769 ~ Doo type = OnERrage 29 of 3) ebaervor te PSE anttiony Pompano v. 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ObePrntayNceetcsna Cane ea Asx cotton, Core Process ORCotsinerDe 1.611 ened one tere 90 Tmeenercowrge (i [0 Astls ewer Conran (at empog nase fo Aon cont “seas oneccausaan | ass téncuiiatntce taas © parr One contac Dipampetemaesieuaredtutrepaie —41,2.2,80 SeyDoranine™® | avs ErinaiDonovtearsin — tanbwelparae 2.6 werpeveien (am | Asn WengltEuctencose eal Propety © Hae rae rewcce 2 comrenrepeyen) [oss ose ne 2 A Che Rape otentedonsin ncn oes [2.6 ND tS [0 A021 UnauttOatane- Commas fot oe cr angi even) 6a i 2 [Dewormers [a seme uaaouromianapangoweielin (aw 3 | eno, ; ee 3 | vanaioenre-ougct) [a2 ures ew Oo Law 8 ea) Lis Agponearee CIVIL CASE COVER SHEET ADDENDUM ‘AND STATEMENT OF LOCATION ‘oes Rule 23 Pagezots ‘Boot 4 ageh 29 ~ Boo TD = 3676207769 ~ Doc Type = omrage 30 of 30) ‘Antony Pompano v Snap, fe, a, A B 4 C pppiicatie, cracaea Corset yestasen fasten 53 Saget (hector) The ee 238 4 |_Petone nolan | ser Pion cnpenatimwace aon 28 & 10. 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A810 Cite Jeter roost) ae BS | teem Lau sett ttrer mn tite) ze as 2 pitts Pestontertattor Eno iudgmert on Unpe Tax 28 ©. pata Of Eran otmatcase 20.9 [7 _eoen [0 saom reoarer aooyean Tae ui 1 0 Geo hoay ry am Ctrer Comptaiits (DAEGAD Injuncive Refel Ory frat damesiizherassmend 2.8 + BS | measisctetlboej eas Jo arom onerconnuscing casio cenge 128 Pa 8 AACE Other Civ Camplaie ficertornon compiles) 128 Famemnp ofan [overt Peinntp ars Capea Gromer Care 28 2 fort Carantnwn 2a ae 18.6129 Wotptice Haaser! 2.3.9 FE | sensu |® Ait ettmercrnson snare pe BE | speoetnone)iey | soao eosin comet 2 26 foto Piotr crag cManchsge of ante ©2810 Pint Plat rate Cen La 8.910 ec ci Ptin LAGHY 109 Rev 216) CIVIL CASE COVER SHEET ADDENDUM ‘Local Rule 23 USC Aspromdonot AND STATEMENT OF LOCATION Page 304 ‘Dock 1 Paget 80 - Doe 1D = 2676207769 ~ Doo fype « OTRope 31 of 31) SSS aibony Pomoiano v. Snap, le. eal eae Step 4: Statement of Reason and Address: Check the appropriate bokes forthe niimbers shown undef Column Cfo the typeof actionthat you have slated, Enter the addess which isthe Easis forthe fling location, including code, {No adareis required for cas action cases) — EASON: l2711 Center Ra, Suite 400 [Link],050 07, 28.0 a. ia.O41 vrimington loz | 19008, ‘Step 5: Certification of Assignment: | erty hat hs eases rope in the: Central Distt of ‘the Superior Court of CaFoiia, County of Los Angles [Code Cy. Proc; $392 et seq, and Toca Rule 23a)aNEI). ate {Bh ary 4,2017 © sn 7A) PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO AE FILED IN ORDER TO PROPERLY, ‘CONIMENCE YOUR NEW COURT CASE: ‘Orginal Compaintor Petion, 2. fling @ Complaint, a completed Summons ignmtoresvance by tho Cieik- 3. Civil Case Cover Sheet, Judicial Councitfarm CAi-010. + [Link] Coe Sheet Adandum ant Sateen stLecaton om, LACY 108, LASC Approved 2.08 ev 5. Pajmehtin ful ofthe fing fe, unless thes cout ir Wai itil rset ayes 8. signed order appcining the Guardian ad Liter, Judicial Counc frm CIV-010, the painki or peiionéris a Ininor under 18 years of age wil be required by Court order igsue a surmmons, 7. Addlional copies of documents tobe conforhed by the Clerk. Copies of he cover shast and this addendum ‘must be served along wt the suminons and compl, oer iting pleading in the case. feesvor te ecw eo Revere) CIVIL CASE COVER SHEET ADDENDUM esate ASC Arete 03-08 AND STATEMENT OF LOCATION Paget ‘Dood 4 Bagoh SL ~ Boe TD ~ 676207769 ~ Doo Type = ona