Socwmriannannn i 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 Neville L. Johfison (SBN 66329) Douglas L. Johnson (SBN 209216) Jennifer J. MeGrath (SBN 211388) Aviel Dahan (SBN 312799) JOHNSON & JOHNSON LLP 439 North Canon Drive, Suite 200 Beverly Hills, California 90210 Telephone: (310) 975-1080 Facsimile: (310) 975-1095 Email: njohnson@jjliplaw.com djohnson@jjllplaw.com jmegrath@jjliplaw.com adahan@jjliplaw.com Attorneys for Plaintiff, Richard Simmons Rodney A. Smolla 4601 Concord Pike Wilmington, DE 19803-0406 Telephone: Email: (864) 373-3882 rodsmolla@gmail.com Sy ro LED wa tos aaltorta SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES RICHARD SIMMONS, an individual, Plaintiff, vs. AMERICAN MEDIA, INC.,a Delaware corporation; RADARONLINE, LLC., a Delaware Limited Liability Company; NATIONAL ENQUIRER, INC,, a Florida corporation; COLMAN-RAYNER, a California Limited Liability Company; GRANT HODGSON, an individual; DAVID PECKER, an individual; DYLAN HOWARD, an individual and DOES 5-10; Defendants. Case No.: BC660633 Assigned to the Hon. Gregory Keosian DECLARATION OF MAURO OLIVEIRA IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS? SPECIAL MOTION TO STRIKE PLAINTIFF'S FIRST AMENDED COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE §425.16. [Plaintiff’s Opposition to Defendants? Special Motion To Strike First Amended Complaint [C.C.P. § 425.16}; Declarations of Tyler Scott and Richard Simmons; Plaintiff's Request for Judicial Notice; and Proposed] Order in Support of Plaintiff's Objections to Defendants’ Request for Judicial Notice Filed Concurrently] Hearing Date: August 30, 2017 ORIGINAL Dept: 61 DECLARATION OF MAURO OLIVEIRAew AHe oD ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF MAURO OLIVEIRA 1, Mauro Oliveira declare: 1. Lama resident ofthe state of California. 2. reside in Los Angeles, Califomia which is a part of the County of Los Angeles. 3. Ihave known Richard Simmons since 2013. 4. I possess several images of Richard Simmons dressed in costume as a woman, which I obtained during my friendship with Richard Simmons from the period of 2013 to 2016. 5. Inor around May 2016, I was contacted by a paparazzi photographer named Karl Larsen who was employed by Coleman-Rayner, LLC (“Coleman-Rayner”). Karl Larsen asked to meet with me to discuss Richard Simmons. At our meeting, I showed Karl Larsen some of the pictures of Richard Simmons dressed as a woman, with the explanation that Richard Simmons “enjoys dressing as a woman, does it for fun, and likes the way he looks.” Karl Larsen convinced ‘me to sell the images to Coleman-Rayner. Before signing an agreement to sell my photos to Coleman-Rayner, I clearly instructed Coleman-Rayner not to offer the images to certain publications including the National Enquirer, and also requested that I have final approval of all the images and articles published. These terms were orally agreed to by Coleman-Rayner employees, Grant Hodgson, Glen McCurtayne, and Karl Larsen. Thereafter, in mid-May 2016, I signed a media syndication agreement with Coleman-Rayner to sell the photos to “respectable” media outlets, and specifically not to the National Enquirer or RadarOnline, in exchange for 25% of revenue generated from sales of the images. After signing the agreement, Coleman-Rayner paid me $2,500 as an advance against 25% of revenue generated by sales of the Photos. 6. Inor around mid-May 2016, I was interviewed for two hours by Grant Hodgson, a writer for Coleman-Rayner, in the presence of Karl Larsen and Glen MeCurtayne, in Coleman- Rayner’s Los Angeles office. The interview was recorded by Mr. Hodgson, and throughout the entire interview 1 never mentioned that Richard Simmons was becoming a woman, had breast implants, or had/contemplated having a sex-change surgery. 7. On June 8, 2016, I was shocked and disturbed after discovering that the National 1 DECLARATION OF MAURO OLIVEIRACor ane wn 10 12 13 4 15 16 7 18 19 20 21 2 B 24 25 2% 27 28 Enquirer and RadarOnline published cover stories claiming that Richard Simmons has transitioned into a woman and included the photos I supplied to Coleman-Rayner. 8. The June 8" National Enquirer article contained numerous falsehoods and fabricated stories which I never supplied to Coleman-Rayner or to the National Enquirer. The article quoted me as a source of information for the fabricated transitioning stories. Although I may have said that Richard Simmons’s chest looks like the chest of someone who might be on hormones as well as stating that Richard Simmons told me that he sometimes feels like someone is trapped inside his body; I never stated that Richard Simmons is now a woman, had breast implants, or had a sex-change surgery. 9. never told Coleman-Rayner, AMI, National Enquirer, or RadarOnline any of the following information, which is false and was fabricated by Coleman-Rayner and AMI: a. Richard Simmons has and continues to undergo sex-change surgery; b. Richard Simmons is a woman; ¢. Richard Simmons has undergone or contemplated sex-change surgery; 4. Richard Simmons has slowly transitioned into a female; e. Richard Simmons had medical consultations on castration and had a “boob job” or “castration surgery”; £. Richard Simmons is the new Caitlyn Jenner; g. Richard Simmons has been exposed; ‘h. Richard Simmons is living in a bizarre new world as a woman; Mr. Simmons is living as a woman (or person) named Fiona; j. Richard Simmons is considering having a vagina built by doctors; k. Richard Simmons’s brother, Leonard, has expressed or maintained that any sex change by Richard Simmons conflicts with their Catholic upbringing; 1. Richard Simmons's mood swings are attributable to hormone therapy; m, Mr. Simmons is comfortable as a woman; 1. Mr. Simmons was proud to show off his curves; 2 DECLARATION OF MAURO OLIVEIRA‘o. Richard Simmons went into seclusion after photos were taken; and p. The photos of Richard Simmons are recent. 10. All the statements made by Coleman-Rayner, AMI, National Enquirer, and RadarOnline listed in Paragraph 8 above are false and were fabricated by Coleman-Rayner and AMI or their-agents. I never made the above statements about Richard Simmons. 11. After the article was released, several media outlets and publishers contacted me for information about Richard Simmons transitioning into a woman. | refused to speak to any of the publishers as the story about Mr. Simmons was completely false and fabricated by Coleman- Rayner and/or AMI. 12. Onor around June 8, 2016, I hired The Darvish Firm as my counsel to notify Coleman-Rayner and AMI that the materials published by the National Enquirer and RadarOnline ‘were false and that the companies misconstrued the content of the photos I provided to defame and create a false light of Richard Simmons and improperly used specific photos in a manner that was outside of and in complete breach of the terms of my syndication agreement with Coleman-Rayner. My counsel advised Coleman-Rayner that I “never stated that (Richard Simmons) had a sex change or had undergone surgery for breast implants.” 13. On or about July 27, 2016, I entered into a settlement agreement by which Coleman-Rayner paid me $10,000 and terminated the Media Syndication Agreement between Coleman-Rayner and me, i.e. Coleman-Rayner could no longer sell the photos of Mr. Simmons that I provided to the company. A true ahd correct copy of the Coleman-Rayner settlement agreement is attached as Exhibit 1. 14. OnMay 8, 2017, Richard Simmons filed a lawsuit against AMI, National Enquirer, ‘and RadarOnline for defamation and false light. The morning the lawsuit was filed, I was contacted by an executive of RadarOnline named Melissa Cronin, who stated that RadarOnline would provide me with a large sum of money if I helped defend AMI, National Enquirer, and RadarOnline. She also stated that they wanted me to provide damaging and secret information about Richard Simmons which could harm his reputation. 3 DECLARATION OF MAURO OLIVEIRASoca rxaauaeen i 13 14 ie} 16 17 18 19 20 21 22 23 24 oe 26 27 28 15, On May 8, 2017, I was also contacted by an attorney who offered to represent me in a lawsuit against Richard Simmons for potential defamation claims arising from Richard Simmons’s lawsuit. I met with the attorney on several occasions, and during my meetings, he asked ‘me numerous questions about my relationship with Richaid Simmons. He asked me to provide him with damaging and embarrassing information on Richard Simmons. After meeting with this attorney, Melissa Cronin of RadarOnline, suddenly ceased contact with me and stopped requesting information on Richard Simmons. | advised the attorney that I wanted to file a defamation lawsuit against AMI and that I did not want to waive my claims against AMI. As I continued to meet with this attomey, it soon began to feel like he had a close relation with AMI and a potentially conflicting interest. This attomey recommended that | settle with AMI immediately and even arranged a meeting between me and Dylan Howard, the Editor-in-Chief of the National Enquirer and Editorial Director of Radar Online, to discuss a settlement for AMI’s unauthorized use of my photos. On a phone call between the attorney and Dylan Howard, I heard the attorney ask Dylan Howard to whom he should send a claim against Richard Simmons, and Dylan Howard replied, “Michae! Catalano,” who is Richard Simmons’s manager. I do not understand why my attorney was collaborating with AMI and the National Enquirer, since I had advised the attorney that I ‘wanted to file a defamation claim against AMI and the National Enquirer. 16. have not been offered anything or promised anything of value to make this statement and am doing so to ensure that the truth is told, 17. Loertify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on June 9, 2017. Mauro oT 4 DECLARATION OF MAURO OLIVEIRAPROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 1am employed in the County of Los Angeles, State of California by JOHNSON & JOHNSON LLP, and am over the age of 18 and not a party to the within action. My business address is 439 N. Canon Drive, Suite 200, Beverly Hills, California 90210. On August 17, 2017, I served the foregoing document described as: DECLARATION OF MAURO OLIVEIRA IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANTS’ SPECIAL MOTION TO STRIKE PLAINTIFF’S FIRST AMENDED COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE §425.16. on: PERSONAL SERVICE VIA PERSONAL SERVICE VIA MESSENGER MESSENGER Kelli L. Sager JEAN-PAUL JASSY Eric M. Stahl KEVIN L. VICK Davis Wright Tremaine LLP poss aC CAROLAN TLE 6605 Hollywood Boulevard, Suite 100 865 S Figueroa St # 2400, Los Angeles, California 90028 Los Angeles, CA 90017 Attorneys for Defendants PERSONAL SERVICE VIA COLEMAN-RAYNER, LLC MESSENGER (erroneously sued as Colman-Rayner) Richard B. Kendall and GRANT HODGSON Joshua W. Sussman KENDALL BRILL & KELLY LLP , 10100 Santa Monica Blvd., Suite 1725 Via U.S. MAIL Los Angeles, California 90067 Of Counsel: Cameron Stracher GENERAL COUNSEL - MEDIA AMERICAN MEDIATING 4 New York Plaza, 2d Floor (also sued inaccurately as “National New York, NY 10004 Enquirer, Inc.”); RADAR ONLINE, LLC; For Defendants David Pecker and Dylan Howard = AMERICAN MEDIA, INC. (also sued inaccurately as “National Enquirer, Inc.”); RADAR ONLINE, LLC; DAVID PECKER; and DYLAN HOWARD METHOD OF SERVICE [X] (BY PERSONAL SERVICE VIA MESSENGER) I served the documents by placing them in an envelope or package addressed to the person(s) at the address(es) listed above and providing them to a professional messenger service for personal service. [X] (BY U.S. MAIL) I served the document(s) by enclosing them in an envelope and placing the envelope for collecting and mailing following our ordinary business practices or by depositing the envelope directly in the United States mail with postage prepaid. I am.@ = 3 readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Lam employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed August 17, 2017, at Beverly Hills, California, Viktoriya Cassis