CROSS-COMPLAINT
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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 Attorneys for Defendants / Cross-Complainants
SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT KRISTOPHER TRINDL, an individual, Plaintiff, v. JAHAN YOUSAF, an individual; YASMINE YOUSAF, an individual; and DOES 1 through 25, inclusive, Defendants. JAHAN YOUSAF, an individual; and YASMINE YOUSAF, an individual, Cross-Complainants, v. KRISTOPHER TRINDL, an individual, Cross-Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. BC559138 DEFENDANTS/CROSS-
COMPLAINANTS’ CR
OSS-COMPLAINT 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
CROSS-COMPLAINT
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CROSS-COMPLAINT
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.”
2.
The Yousafs hereby incorporate by reference their Answer and Affirmative Defenses, filed contemporaneously herewith.
NATURE OF THE CASE
3.
This is an action for declaratory judgment and damages arising under the laws of the State of California and the State of Delaware. The Yousafs are seeking a declaration that Kris Trindl has resigned as a member of the band Krewella and that Trindl has engaged in multiples breaches of fiduciary duty and breaches of contract that have caused the Yousafs significant monetary damage and have unjustly enriched Trindl.
JURISDICTION AND VENUE
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 Civil Procedure § 410.10. This Court has personal jurisdiction over the Yousafs and Trindl because all Parties reside in the State of California.
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
8.
Cross-Complainant Jahan Yousaf is a resident of Los Angeles, California.
9.
Cross-Complainant Yasmine Yousaf is a resident of Los Angeles, California.
10.
Cross-Defendant Kristopher Trindl is a resident of Los Angeles California.
CROSS-COMPLAINT
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11.
Krewella Music LLC is a domestic limited liability company incorporated under the laws of the State of Delaware on February 3, 2012. 12.
Krewella Live LLC is a domestic limited liability incorporated under the laws of the State of Delaware on April 23, 2012.
BACKGROUND A.
Starting Krewella
13.
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 high school; in 2007, Yasmine performed and wrote songs for an indie rock band. Jahan, Yasmine, and Kris, all having an interest in music, casually began to work on music together in 2007, c
alling themselves “Krewella,”
a name created by Jahan. Initially, because Kris, Jahan and Yasmine were all students and Jahan and Yasmine were working jobs on the side, they were all unable to fully commit to the group. Kris dropped out of Columbia College in 2009 to pursue music production full time. 14.
On June 8, 2010, Trindl and the Yousafs, along with their current manager,
Nathan Lim (“Lim”), decided to devote themselves fully to making Krewella a success.
Thereafter, Jahan and Yasmine discontinued their respective schooling and all three members of Krewella worked exhaustively to create a new take on electronic dance music. Soon after the three committed themselves to Krewella, they engaged Jake Udell (individually,
“Udell”) to
help Lim with their management and to take them to the next level. Udell and Lim (collectively,
“Management”)
own and operate the management company, TH3RD BRAIN, which currently receives a 20% commission from Krewella. 15.
In 2011, Jahan and Yasmine began learning to DJ. By
January 2012, Krewella’s
music began working its way around the internet and caught the attention of Columbia Records, who signed the band to a recording contract with an effective date of or around March 9, 2012.