eeveerre DBo waAwW eon Steven T. Lowe, Esq., SBN 122208 sk FILED Kelly Houle, Esq., SBN 267958. LOWE LAW, a Professional Corporation SU TS une 11400 Olympic Boulevard, Suite 640 \ Los Angeles, California 90064 By S VANO9 202 Telephone: (310) 477-5811 \P Ow Facsimile: (310) 477-7672 ee ‘Attorneys for Plaintiff DANIEL SEGAL SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES DANIEL SEGAL, an individual, } CASE NO. BC 476682 Plaintiff, : COMPLAINT FOR: vs. } 1. BREACH OF IMPLIED mv FACT 5 CONTRACT ROGUE PICTURES, a business entity, form unknown, RELATIVITY MEDIA,LLC,a_—))— DEMAND FOR JURY TRIAL. California limited liability company, and DOES) 1-50, inclusive, Defendants, Plaintiff in the above captioned action hereby alleges as follows: INTRODUCTION 1. Atall times mentioned herein, Plaintiff Daniel Segel (“Plaintif” or “Segal”) is £ individual residing in Los Angeles County, California, and the sole author of the origi aaa 14d ave $s uGaiNs 7 gy res RYT screenplay entitled “Transfers” (hereinafter the “Screenplay”). 5 EB: 5 we oxToasss) sHa3aront 2 2. Atall times mentioned herein, Defendant Rogue Pictures is a business enti unknown, wit offices in Hollywood, California, transacting business in Les ers Cour California, and is @ division of Relativity Media LLC, 1 sya one. _ [PROPOSED] THIRD AMENDED COMPLAINT.exesorte wor aAweon 10 a) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Atall times mentioned herein, Defendant Relativity Media, LLC is @ California lirnited tiability company with offices in Hollywood, California, transacting business in Los ‘Angeles County, California, 4. Plaintiffis unaware of the true names and capacities of defendants sued herein as DOES | through $0, inclusive, and for that reason, sues such defendants under such fictitious names. Plaintiff is informed and believes and based thereon alleges that such fictitiously named defendants are responsible in some manner for the occurrences herein alleged, and that Plaintiff's damages as herein alleged were proximately caused by the conduct of said defendants. Plaintiff ‘will seek to amend the complaint when the names and capacities of such fictitiously named defendants are ascertained, As alleged herein, defendants shall mean all named defendants and all, fictitiously named defendants (collectively referred to herein as “Defendants”). 5, Plaintiffis informed and believes and based thereon alleges that Defendants at all times relative to this action, were the agents, servants, partners, joint venturers and employces of each of the other Defendants and in doing the acts alleged herein were acting with the knowledge and consent of each of the other Defendants in this action. Alternatively, at all times mentioned ‘herein, each of the Defendants conspired with each other to commit the wrongful acts complained ofherein, Although not ail of the Defendants committed all ofthe acts of the conspiracy or were ‘members of the conspiracy at all times during its existence, each Defendant knowingly performed ‘one or more acts in direct furtherance of the objectives of the conspiracy. Therefore, each Defendant is liable for the acts of all ofthe other conspirators. THE WORK 6. Inor about 1990, Ema Segal (under the pseudonym Ema Olinger) authored the original novel entitled “Transfers” (hereinafter the “Novel”). Thereafter, on September 4, 1990, COMPLAINT Page 2 of 10‘ewserte Ema Segal registered the Novel with the U.S. Copyright Office, registration no, TXw000434757, ‘Attached hereto as Exhibit A is a true and correct copy of said registration. 7. Inor about 2000, Ema Segal made changes in the text of the Novel. Thereafter, on May 26, 2000, Erna Segal registered the revised Novel with the U.S. Copyright Office, registration no. TX0005199658, Attached hereto as Exhibit B is a true and correct copy of said registration. 8, On April 5, 2003, Ema Segal passed away, leaving all of her copyrights, including the copyright in the Novel, to Plaintiff as the sole beneficiary. 9, Plaintiff's Novel is in the “horror” genre and revolves around a young woman ‘named Louisa who is haunted by the spirit of her dead twin sister. The following is a general summary of the Screenplay; In the beginning of the Screenplay, Lovisa is suffering from a severe skin and facial abnormality. None of the medical doctors ot psychiatrists from which she has sought help has been able to determine what is causing her facial abnormality. As a last resort, Louisa approaches Dr. Alan Herzog, who specializes in regression therapy. Stunned by her conditi , Dr, Herzog does not want to treat her, After pleading with him to help her, Dr, Herzog relents and Louisa begins treatment, ‘When Dr. Herzog regresses her through hypnosis, he learns that Louisa had a twin sister, |Georgie, who died shortly after birth. Indeed, Louisa has been experiencing nightmates, hears voices, and is haunted by the spirit of her dead twin sister who is trying to kill her. Louisa begins to believe that events in a past life may be the cause of her facial abnormality, However, a woman named Virginia, a psychic and another patient of Dr. Herzog, disagrees. Using her psychic ability, Virginia tells Dr. Herzog that Georgia wants to be reborn and take over Louisa’s life. Dr. Herzog agrees that Georgia indeed wants to kill Louisa, He suggests that the only way to get rid of Georgia's sprit isto exorcise it. COMPLAINT Page 3 of 10