Paul H. Duvall (SBN 73699) 1 E-Mail: [email protected] KING & BALLOW 2 6540 Lusk Blvd., Suite 250 San Diego, CA 92121 3 (858) 597-6000 Facsimile: (858) 597-6008
4 Richard S. Busch (pro hac vice application forthcoming) E-Mail: [email protected] 5 KING & BALLOW 315 Union Street, Suite 1100 6 Nashville, TN 37201 (615) 726-5422 Facsimile: (615) 726-5417 7 Attorneys for Defendants / Cross-Complainants 8
9 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT 11
) 12 Case No. BC559138 KRISTOPHER TRINDL, an individual, ) 13 ) Plaintiff, ) 14 ) DEFENDANTS/CROSS- COMPLAINANTS’ CROSS- 15 ) v. ) COMPLAINT AGAINST 16 ) PLAINTIFF/CROSS-DEFENDANT KRISTOPHER TRINDL. 17 JAHAN YOUSAF, an individual; ) YASMINE YOUSAF, an individual; and ) 18 DOES 1 through 25, inclusive, ) ) 19 Defendants. ) DEMAND FOR JURY TRIAL
20 ) JAHAN YOUSAF, an individual; and ) Date: 21 YASMINE YOUSAF, an individual, ) Time: ) Dept: 48 22 Cross-Complainants, ) Assigned for all purposes to the Honorable 23 ) v. ) ______24 ) KRISTOPHER TRINDL, an individual, ) Action Filed: September 29, 2014 25 ) Trial Date: N/A
26 Cross-Defendant. ) ) 27
28
CROSS-COMPLAINT 1
1 CROSS-COMPLAINT
2 1. Defendants Jahan Yousaf (“Jahan”) and Yasmine Yousaf (“Yasmine”),
3 (collectively “the Yousafs”) by and through undersigned counsel, having fully Answered the
4 Complaint in their contemporaneously filed Answer and Affirmative Defenses, now file this
5 Cross-Complaint against Kristopher Trindl, individually (“Kris” or “Trindl”). Trindl and the
6 Yousafs will collectively be known as the “Parties.”
7 2. The Yousafs hereby incorporate by reference their Answer and Affirmative
8 Defenses, filed contemporaneously herewith.
9 NATURE OF THE CASE
10 3. This is an action for declaratory judgment and damages arising under the laws of
11 the State of California and the State of Delaware. The Yousafs are seeking a declaration that
12 Kris Trindl has resigned as a member of the band Krewella and that Trindl has engaged in
13 multiples breaches of fiduciary duty and breaches of contract that have caused the Yousafs
14 significant monetary damage and have unjustly enriched Trindl.
15 JURISDICTION AND VENUE
16 4. This Court has jurisdiction over this case pursuant to California Code of Civil
17 Procedure § 1060.
18 5. Jurisdiction over Trindl is proper in this Court pursuant to California Code of
19 Civil Procedure § 410.10. This Court has personal jurisdiction over the Yousafs and Trindl
20 because all Parties reside in the State of California.
21 6. Jurisdiction is proper in this Court as the amount in controversy exceeds the
22 required $25,000.00 minimum.
23 7. Venue is proper in this Court pursuant to California Code of Civil Procedure §
24 395(a).
25 PARTIES
26 8. Cross-Complainant Jahan Yousaf is a resident of Los Angeles, California.
27 9. Cross-Complainant Yasmine Yousaf is a resident of Los Angeles, California.
28 10. Cross-Defendant Kristopher Trindl is a resident of Los Angeles California.
CROSS-COMPLAINT 2
1 11. Krewella Music LLC is a domestic limited liability company incorporated under
2 the laws of the State of Delaware on February 3, 2012.
3 12. Krewella Live LLC is a domestic limited liability incorporated under the laws of
4 the State of Delaware on April 23, 2012.
5 BACKGROUND
6 A. Starting Krewella
7 13. Kris Trindl, Jahan Yousaf and Yasmine Yousaf met while attending the same
8 high school in Northbrook, Illinois, right outside of Chicago. Jahan and Yasmine were both
9 interested in music and began developing vocal, performance and songwriting skills while in
10 high school; in 2007, Yasmine performed and wrote songs for an indie rock band. Jahan,
11 Yasmine, and Kris, all having an interest in music, casually began to work on music together in
12 2007, calling themselves “Krewella,” a name created by Jahan. Initially, because Kris, Jahan
13 and Yasmine were all students and Jahan and Yasmine were working jobs on the side, they
14 were all unable to fully commit to the group. Kris dropped out of Columbia College in 2009 to
15 pursue music production full time.
16 14. On June 8, 2010, Trindl and the Yousafs, along with their current manager,
17 Nathan Lim (“Lim”), decided to devote themselves fully to making Krewella a success.
18 Thereafter, Jahan and Yasmine discontinued their respective schooling and all three members of
19 Krewella worked exhaustively to create a new take on electronic dance music. Soon after the
20 three committed themselves to Krewella, they engaged Jake Udell (individually, “Udell”) to
21 help Lim with their management and to take them to the next level. Udell and Lim (collectively,
22 “Management”) own and operate the management company, TH3RD BRAIN, which currently
23 receives a 20% commission from Krewella.
24 15. In 2011, Jahan and Yasmine began learning to DJ. By January 2012, Krewella’s
25 music began working its way around the internet and caught the attention of Columbia Records,
26 who signed the band to a recording contract with an effective date of or around March 9, 2012.
27
28
CROSS-COMPLAINT 3
1 B. Formation of Limited Liability Companies and Agreements
2 16. Prior to signing the recording contract, on February 3, 2012, the band registered a
3 limited liability company, Krewella Music LLC, with the Delaware Secretary of State’s Office.
4 17. An Operating Agreement for Krewella Music LLC was drafted but never signed.
5 The draft assigned each member of Krewella an equal 33.3% share in the LLC. The purpose of
6 the LLC was listed as “to promote and enhance the professional standing, reputation and
7 success of the Group” and to commercially exploit the Member’s entertainment services. The
8 Operating Agreement allowed for voluntary withdrawal upon giving notice to the Company and
9 included a Termination for Cause provision, which allowed termination for an “act of
10 dishonesty in connection with Member’s duties, in connection with the business of Company or
11 the Group or where Company or the Group is directly harmed thereby,” “a Member’s uncured,
12 willful violation of Member’s duties and responsibilities hereunder…” and “a Member’s willful,
13 persistent or repetitive failure to comply with the Group’s Policies.” Kris was hesitant to, and
14 therefore did not sign, the Operating Agreement because the Operating Agreement prohibited
15 his lifestyle of substance abuse and lack of adequate contributions as a one-third member of
16 Krewella.
17 18. Thereafter, on April 23, 2012, the band registered another limited liability
18 corporation, Krewella Live LLC (collectively with Krewella Music LLC, “the Krewella
19 LLCs”), with the Delaware Secretary of State’s Office. No Operating Agreement was drafted
20 for Krewella Live LLC.
21 19. Despite forming the LLCs and encouragement from Management and Evan
22 Krauss, Krewella’s attorney, the three never signed a band agreement outlining the rights and
23 obligations of each member.
24 20. Even without a signed band agreement, Jahan, Yasmine, and Kris agreed to
25 certain terms regarding Krewella’s business, either orally or implied by conduct.
26 21. Jahan, Yasmine, and Kris all agreed that each would receive a one-third (1/3)
27 share of all income distributed by the Krewella LLCs after expenses and management
28 commissions were paid.
CROSS-COMPLAINT 4
1 22. Jahan, Yasmine, and Kris also all agreed that each would fully and equally
2 dedicate their time and contribute to Krewella’s music and live performances. Thus the
3 expectations were that each would participate in live performances, and that each would
4 contribute to or create new music full time when they were not touring.
5 23. Soon, Krewella’s music took off and the band was constantly in demand. Jahan
6 and Yasmine took it upon themselves to learn how to mix their songs live. Jahan and Yasmine
7 control the aspects of the live performances—they pick the song selection, as well as sing and
8 mix the songs onstage. While on stage, Kris would generally stand to the side of Jahan and
9 Yasmine and pump his arms, while pretending to DJ; he was onstage primarily for the sake of
10 image. Because Kris did not know how to DJ, he only had two effect buttons. Kris, Jahan and
11 Yasmine agreed that Kris would become more involved in the live show by learning how to DJ
12 or by playing guitar in order to fulfill his obligation as a one-third member of Krewella.
13 24. As their popularity increased, images of Krewella were everywhere. While Kris
14 was regularly performing with Krewella, Kris was prominently featured on all promotional
15 material, with Jahan and Yasmine on his sides. On or around January 26, 2012, Management
16 once proposed using only an image of Yasmine on a flyer for a show, but Jahan vetoed it,
17 expressing the importance of showing all three members of Krewella as a group.
18 C. Kris’s Substance Abuse and Disruptions of the Group
19 25. Kris’s drinking increased while contributions required of him as an equal member
20 of Krewella decreased, to the frustration of his band mates and Management. Kris’s drinking
21 had become such an issue that, in January 2012, Jahan, Kris’s mother, and Kris’s sister
22 discussed their fears for his safety and how to get him help on multiple occasions.
23 26. Kris would often be on stage inebriated, because, as he claimed to the Yousafs, he
24 was bored with nothing to do on stage. However, he soon became disruptive on stage as a result
25 of his intoxication. Kris would recklessly use his controller to mess up Jahan and Yasmine’s
26 mixing or would simply stop the music. Kris’s behavior became so disruptive that Yasmine
27 would unplug and deactivate his equipment to limit the disruption; however Kris would be too
28
CROSS-COMPLAINT 5
1 intoxicated to notice. On other instances, again as a result of his intoxication, he would
2 belligerently and angrily yell at the audience of fans that paid to come to the show.
3 27. All three members of Krewella agreed that Kris was expected to become more
4 involved in the live show, first by learning how to DJ songs. In an effort to stop the disruptions
5 and give Kris more to do on stage, Jahan and Yasmine repeatedly tried to get Kris to attend and
6 engage in DJ lessons in July and August 2013; however, he missed several appointments and if
7 he showed up, he would not stay long or express any interest. When he failed to take any
8 initiative to learn to DJ, the trio then agreed that Kris would learn Krewella’s songs on guitar to
9 play live, which he also did not do, despite Management’s purchase of guitar gear for him.
10 28. Beginning in November 2012, Jahan and Yasmine organized weeks of rehearsals
11 for Krewella’s upcoming Stereosonic Tour in Australia because Krewella planned to both DJ and
12 sing live. While Jahan and Yasmine attended all of the rehearsals, Kris only attended a few of
13 these rehearsals and did not DJ.
14 29. While on the Stereosonic Tour in 2012, Jahan and Yasmine, in an effort to remain
15 healthy while performing night after night with little time to sleep, decided not to drink alcohol
16 until the end of the tour; on the last day of the tour, they celebrated with Kris by partying. Kris,
17 however, drank almost daily while on the tour.
18 30. In the days immediately following their return home from the tour, Jahan and
19 Yasmine were ready to jump back into the studio to create new music. However, Kris needed
20 weeks to recover from the excessive drinking he did while on the road; he was absent from
21 studio sessions and unresponsive when Jahan and Yasmine tried to get in touch with him. This
22 recovery period interfered with his required music contributions as a member of Krewella.
23 31. Between the end of the 2012 Stereosonic Festival Tour and the Get Wet album
24 release in September 2013, Kris worked the bare minimum and provided little direction and help.
25 In order to finish Krewella’s first album, Jahan and Yasmine scrambled to assemble producers to
26 supplement Kris’s lack of work.
27 32. On June 19, 2013, Jahan sent an email to Udell and Lim on behalf of herself and
28 Yasmine, stating they “will NOT play these upcoming live shows if kris [sic] drinks. He puts our
CROSS-COMPLAINT 6
1 live shows at risk and Yasmine and I work very hard on this production and want to be spared of
2 this embarrassment. So either Jake or Nathan – please deliver this message to him.” (emphasis in
3 original). 33. Generally, while on tour, Kris complained that the Yousafs took the tour too 4
5 seriously, claimed he did not care about the performances, and threatened to play Krewella’s
6 songs off of iTunes and yell into the microphone if he had to.
7 34. From August 24, 2013 through February 28, 2014, Kris posted several messages 8 on the social media site Twitter about needing and smoking weed (marijuana). Kris has over 9 40,000 followers on Twitter. 10
11 a. On August 24, 2013, Kris tweeted, “Too many ppl [sic] saying ‘stop doing 12 drugs’ to me. I support marijuana, never have tried anything else.” 13 b. On January 5, 2014, Kris tweeted, “New Year’s resolution: smoke more 14 weed.” 15 c. On January 25, 2014, Kris tweeted, “Smoke weed.” 16 d. On February 28, 2014, Kris tweeted, “I need weed.” 17 35. On August 25, 2013, Jahan emailed Udell to express her concerns about Kris’s 18 behavior, stating “Ur [sic] not on the road any more so u [sic] don’t witness but it’s become 19 standard that he’s belligerent almost every night. Extremely disrespectful during our set…I’m 20 REALLY worried about his performance on the tour. Yasmine and I need to focus on our 21 performing and not distracted by his recklessness. Please help.” (emphasis in original). 22 36. On August 27, 2013, Jahan and Yasmine were en route to a rehearsal for the 23 upcoming Get Wet Tour when Udell informed them that Kris had been hospitalized for excessive 24 alcohol consumption in Phoenix, Arizona, where they had a played a show several days prior. 25 Jahan and Yasmine continued with scheduled rehearsals and press engagements, telling reporters 26 that Kris was sick. Meanwhile, Udell went to Phoenix to help Kris through the detoxification 27 process and along with Kris’s family, checked him into Milestones Rehab Center in Malibu, 28 California on or around August 29, 2013 for a thirty day treatment program.
CROSS-COMPLAINT 7
1 37. During his absence, in an effort to protect the reputation of both Kris and
2 Krewella, Kris’s stay at the rehabilitation center was kept private. While Kris was in rehab, the
3 Krewella team expressed their love for him and their desire that he get healthy soon. Kris
4 thanked them for their constant love and support in an email on September 4, 2013. He claimed
5 he wore his hospital bracelet with the date of his last drink ever, and promised to come back
6 “straight, sober and on top of my s--t.”
7 D. Kris’s Declining Contributions to Touring After Rehab
8 38. While in Milestones, Kris was allowed to attend and participate in a big Krewella
9 show in Los Angeles on September 14, 2013, a festival show on September 21, 2013 and
10 Krewella’s album release party and performance on September 24, 2013. The whole Krewella
11 team, including Kris, thought it was a good idea to have Kris perform, so that the press would
12 realize that there was no discord in the group. In support of Kris’s struggle, Jahan and Yasmine
13 ensured that there was no alcohol available for consumption in the green room and that both
14 were completely sober during their performance. Prior to the show, Kris apologized for his past
15 actions and promised to never have a drink again.
16 39. While in rehab, Kris missed the first half of the Get Wet Tour, from September 4,
17 2013 through October 7, 2013, with the exception of the dates listed in Paragraph 38 above. Kris
18 continued to receive equal distributions from the Krewella LLCs while in rehab so that he would
19 not have the added stress of worrying about money. Kris received at least $45,000.00 from
20 Krewella Live LLC and Krewella Music LLC while he was in Milestones.
21 40. From October 8, 2013 through November 16, 2013, Kris joined Jahan and
22 Yasmine on the remainder of the Get Wet Tour. Jahan and Yasmine ensured that the remainder
23 of the tour was alcohol free. During this period of sobriety, Kris had a positive attitude and
24 worked on music on the road.
25 41. On or around November 22, 2013, Krewella embarked on an international tour for
26 the Stereosonic Festival Series. Kris’s sobriety did not last long. Jahan and Yasmine smelled
27 alcohol on his breath sometimes and noticed he was acting intoxicated. In Paris, on or around
28 November 23, 2013, Kris ordered eight drinks from the mini-bar in his hotel room. When
CROSS-COMPLAINT 8
1 confronted with the drink receipt by Management days later, Kris asked Management not to tell
2 Jahan and Yasmine. At Kris’s request, David Carlson (“Carlson”), Krewella’s tour manager, and
3 Udell randomly breathalysed Kris. Kris outright refused one breathalyzer test administered by
4 Carlson and missed several breathalyzer checks administered by Udell. To Jahan and Yasmine’s
5 knowledge, Kris never attended any Alcoholics Anonymous meetings while on the Get Wet
6 Tour.
7 42. On March 16, 2014, Kris was to join Jahan and Yasmine at the Electric Daisy
8 Carnival show in Mexico. When Kris arrived at the airport late, Carlson arranged a security
9 escort to quickly get him through the airport security Instead, Kris just left the airport. Carlson
10 then purchased a $600.00 same day flight to Mexico for Kris so that he could still perform at the
11 show; however, Kris did not board that flight either. In his absence, Jahan and Yasmine
12 performed without Kris.
13 43. On March 23, 2014, Kris remained in Los Angeles while Jahan and Yasmine
14 performed a show in Japan. That day, Management proposed releasing a statement online from
15 Kris claiming he was sick and unable to make the show. Jahan refused, stating she was
16 uncomfortable releasing a written statement online about Kris’s absence without his approval.
17 44. Jahan and Yasmine embarked on the Spring College Verge Tour from April 8,
18 2014 through May 10, 2014 without Kris. Nonetheless, Kris’s face was still on the side of the
19 band’s two tour busses and on flyers advertising the performances. Fans began to ask about
20 where he was and Jahan and Yasmine became worried about false advertising. In an effort to
21 properly represent the shows to their fans, all three members of Krewella mutually decided to
22 only show Jahan and Yasmine on the flyers until Kris rejoined the tour.
23 E. Kris’s Declining Musical Contributions to Krewella
24 45. Krewella released its first album on Columbia Records, entitled Get Wet, on
25 September 24, 2013. Kris, the “producer” of Krewella, received production credit for each of the
26 twelve songs on the album, but did not produce all twelve songs. There were nine new songs on
27 the Get Wet album. Of these, Kris only wholly contributed one new song—“Dancing with the
28 Devil.” Kris did little to no production on “Live for the Night,” “Pass the Love Around,”
CROSS-COMPLAINT 9
1 “Human,” and “This is Not the End” and minimal production on “Ring of Fire.” Krewella paid
2 outside producers to help Kris finish production for the album.
3 46. While he was at Milestones, Kris expressed that he was bored and asked Udell to
4 request permission from Milestones to work on new music, which Milestones granted. Kris
5 worked on a song that he had started prior to entering rehabilitation that was going to be released
6 for free to promote Krewella’s soon-to-be released Get Wet album. Management requested stems
7 from Kris while he was at Milestones so that the song could be finalized for the album.
8 47. Upon returning to Los Angeles after their international tour in late 2013, Kris
9 began abusing substances again. While Jahan and Yasmine were in the studio working on
10 Krewella’s second album almost daily, Kris was absent and the little progress he showed
11 indicated that he was not working full time. Kris refused to attend sessions with Jahan and
12 Yasmine and missed sessions with outside producers. During this time, meetings were
13 sometimes called to discuss the album and Krewella in general; Kris was consistently high on
14 marijuana during these meetings.
15 48. Around this time, Kris was slacking on his craft and his work was becoming
16 stagnant; Kris became very defensive when given negative feedback about the quality of his
17 work. At Kris’s request, the group engaged other producers to work on the album.
18 F. Intervention and Kris’s Continued Refusal to Actively Participate in Krewella
19 49. Realizing that Kris was no longer sober, even after attending rehab, Jahan and
20 Yasmine took a different approach to addressing Kris’s mental health—they asked him if he was
21 depressed and if depression was causing him to abuse substances. Kris denied being depressed.
22 50. On or around March 20, 2014, the Krewella team had an intervention for Kris to
23 address his mental health and his inability to stay sober. The intervention included Jahan,
24 Yasmine, Udell, Lim, Krauss, two of the band’s booking agents, the band’s business
25 representative, and the band’s Columbia A&R representative and was conducted by a
26 professional interventionist. Kris was unaware of the intervention beforehand and at the
27 intervention, it was apparent that he was not sober, with some commenting that they believed he
28 was under the influence of marijuana. Everyone read letters to Kris expressing their love and
CROSS-COMPLAINT 10
1 care for him and their concerns for his well being. Kris refused to go to the sixty day treatment
2 plan and instead told everyone to “F--k off.” He claimed he was not depressed, but did not want
3 to tour internationally because he hated flying overseas and going through customs. Instead, he
4 stated he wanted to take a two-week vacation with his girlfriend. The group told Kris to a few
5 weeks to get healthy and assess what he wanted in the future.
6 51. Roughly two weeks after the intervention, on or around April 14, 2014, Kris,
7 Jahan and Yasmine met up with Management and Kris, who was under the influence, stated that
8 he had thought he has been fired from Krewella. Jahan and Yasmine assured him he was not
9 fired but asked him how the three of them should proceed. Jahan and Yasmine informed him that
10 if he was not going to go to rehab, they expected him to actively participate as a one-third
11 member of Krewella. All agreed that, because of his issues with sobriety, Kris was in no
12 position to tour at that time and that Jahan and Yasmine would tour without him until he was
13 sober and ready to rejoin them. Unprompted, Kris promised to “show progress” on new music
14 for the album Jahan and Yasmine were writing every three days while Jahan and Yasmine were
15 touring. He never satisfied his promise. Kris could not fully execute production of any songs, so
16 he requested help from outside producers. Jahan and Yasmine agreed, but Kris then missed
17 sessions with producers Pegboard Nerds in May 2014 and T Collar and Don Gilmore in June
18 2014.
19 52. Because Kris did not rejoin the tour after the intervention, Jahan and Yasmine
20 went on without him, believing that he was making music full time off the road.
21 53. In or around late May 2014, Jahan and Yasmine met up with Kris to discuss his
22 payments. The Krewella team had discussed Kris’s unearned payments. Kris had been
23 completely absent from the tour since March 16, 2014; he had shown minimal progress on the
24 album; he had been absent from studio sessions; and previously, when he had participated in live
25 performances, he did not productively contribute to them—instead he engaged in destructive
26 behavior on stage or threatened to sabotage the shows. Despite all of this, he had been paid as
27 though he were an active and contributing member of Krewella from the beginning. Kris agreed
28 that it was unfair that he had received one-third (1/3) of Krewella touring revenue; he agreed that
CROSS-COMPLAINT 11
1 it was fair if he received only one-half of his share of touring income (16.66% of total touring
2 revenue) while Jahan and Yasmine were on tour if he showed progress on the album that Jahan
3 and Yasmine had been writing. All three agreed that they would evaluate Kris’s progress in
4 January 2015; if he had showed significant progress, the three would then discuss whether he
5 should receive a full one-third share of Krewella Live LLC again.
6 54. On May 28, 2014, Kris tweeted, “I get a lot of people asking why I’m not at a
7 Krewella concert. I’m in LA making tunes for everyone! The girls can hold it down at shows.”
8 However, Kris had little to no progress to show to justify him not touring with Jahan and
9 Yasmine. On or around June 19, 2014, Jahan sent a text message to Kris expressing displeasure
10 with Kris’s lack of communication and work ethic while she and Yasmine had been working
11 tirelessly on Krewella’s second album. Kris responded by promising to send a zip file containing
12 new music the following day to prove that he had been working on new music. When Jahan
13 followed up and asked Kris for the zip file on June 20, 2014, Kris responded by sending only a
14 text message of his face and ignoring her request. Even after this conversation, Kris never sent
15 the new music he promised.
16 55. On June 3, 2014, Kris emailed Krewella’s business manager, asking “in a dire
17 situation, if I found myself getting removed from the band for any reason, I would be very
18 interested to know how much I’ve earned to this point or a ‘net worth’ if you will.”
19 G. Kris’s Resignation from Krewella
20 56. On June 21, 2014, Kris called Lim to tell him that he no longer wanted to be a
21 member of Krewella. Lim texted Kris, asking if he was alright, and Kris responded with “No. I
22 f--king hate Krewella.” Kris repeated his statements on a call with Lim the following day.
23 57. At or around 5:30 a.m. on June 22, 2014, Kris informed Udell via text message
24 that he was talking to Krauss about the terms of his disassociation from Krewella. When Udell
25 asked if he wanted to disassociate completely, Kris responded with “Indeed.”
26 58. On June 22, 2014, Kris tweeted a flyer for Krewella’s performance at Daylight
27 later that day. The flyer contained a picture of only Jahan and Yasmine. Jahan and Yasmine were
28 coming home from the Daylight performance later that evening when Kris called Jahan to inform
CROSS-COMPLAINT 12
1 her that he wanted out of Krewella. Kris repeatedly said “I hate you” to Jahan and stated that he
2 never wanted to speak to her again.
3 59. On June 23, 2014, Kris sent another text to Udell stating “I need u [sic] to help me
4 quit. Fairly. Nathan, Jahan, Yasmine and Jake [sic] are not like me. Maybe I’m lazy or have no
5 motivation.”
6 60. The trio had studio time scheduled with Don Gilmore for June 24-26, 2014. When
7 Udell asked Kris on June 23, 2014 if he was coming to the scheduled June 24, 2014 studio
8 session, Kris responded with “If u [sic] help me quit today, I won’t be there.”
9 61. Jahan and Yasmine attended the scheduled studio session on June 24; Kris never
10 showed up.
11 62. Since before or around June 22, 2014, Jahan and Yasmine have been working on
12 the album without Kris, with one exception—Kris has sent pieces of some songs (stems) to Jahan
13 and Yasmine for them to continue working on with other producers.
14 63. On July 18, 2014, John Ingram, Udell and Lim’s attorney, sent an email to Jahan,
15 Yasmine and Kris and stated that in light of Kris “exploring the possibility of separating from
16 Krewella and removing himself as a member of Krewella Music LLC and Krewella Live LLC”
17 that Udell and Lim were not taking an active role in the transition and would help all three as
18 needed.
19 64. Since June 22, 2014, Kris has, on more than one occasion, threatened to “make
20 [Jahan and Yasmine’s] lives a living hell.” Kris claimed he would only perform as a member of
21 Krewella to receive his share of live performance income and if given the chance to perform, he
22 threatened to sabotage Krewella’s shows. In August 2014, after Kris’s resignation, the Yousafs
23 indicated that Kris could rejoin Krewella if he went to rehab. The Yousafs asked Kris to return to
24 rehab because his threats to sabotage both them and Krewella had damaged their trust in him;
25 Jahan and Yasmine needed Kris to be clear-headed so that they could all move forward together.
26 Kris refused. Instead, at a meeting on August 28, 2014, Kris stated to Jahan and Yasmine, in the
27 presence of Management, “My attitude is different from you guys, I don’t give a f--k. You guys
28 care if we get drunk and get on stage and f--k up DJing. I don’t.”
CROSS-COMPLAINT 13
1 65. Kris sent Krewella’s business manager and his staff an email on August 8, 2014,
2 thanking them for their help the past few years for him and for Krewella. Kris also stated, “I
3 believe it would be best, as we figure out the proceedings with Krewella, for me to have my own
4 representation moving forward.”
5 66. Unrequested, Kris sent a demo of the song “Break It,” which he co-produced,
6 with somewhat finished production, to the Yousafs on or around September 6, 2014. On or after
7 September 25, 2014, Lim sent a text message to Kris explaining that Kris could return as a
8 member of Krewella if was sober, but noted that he needed to go to rehab. Alternatively, Lim
9 informed Kris that if he “wanted to live life completely on [his] own terms, no one is stopping
10 [him] from continuing to produce. Even for Krewella…But [sic] not as part of the band.”
11 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.
14 68. Kris, Jahan, and Yasmine have each received equal one-third share disbursements
15 from both Krewella Music LLC and Krewella Live LLC through August 1, 2014.
16 a. Between August 30, 2013 and September 30, 2013, during his time in rehab,
17 Kris received at least $45,000.00 from the Krewella LLCs combined.
18 b. Between December 2013 and June 16, 2014, Trindl has received at least
19 $177,000.00 from Krewella Music LLC alone.
20 c. Between March 26, 2014 and August 1, 2014, Trindl has received at least
21 $410,000.00 from Krewella Live LLC alone.
22 d. Between June 30, 2014 and August 1, 2014, Trindl has received at least
23 $255,000.00 from Krewella Live LLC and Krewella Music LLC combined.
24 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.
27 70. Nonetheless, on or around November 14, 2014, Trindl released a new music
28 project, Hunter Square. Trindl serves, at least in part, as a producer in his role as a member of
CROSS-COMPLAINT 14
1 Hunter Square. On November 14, 2014, Trindl released new music as part of Hunter Square on
2 his Twitter page to over 40,000 followers.
3 CLAIM I Declaratory Judgment of Kris Trindl’s Resignation from the Krewella Music LLC and 4 Krewella Live LLC 5 71. The Yousafs repeat and reallege all of the foregoing paragraphs as though fully 6 set forth herein. 7 72. California law allows for a declaratory judgment action for the respective rights 8 and duties of the parties to one another if there is an actual controversy regarding the rights and if 9 there is a fundamental disagreement over the rights between the parties. Cal. Code Civ. P. § 10 1060. 11 73. California also provides that when an action deals with an LLC’s “organization 12 and internal affairs and the liability and authority of its managers and members, the law of the 13 state of formation governs.” Cal. Corp. Code § 17450. Because the Krewella LLCs were formed 14 under the laws of Delaware, Kris’s current status as a member of the LLCs is governed by 15 Delaware law. 16 74. Through his actions detailed throughout this Cross-Complaint, Kris took multiple 17 steps to sever his ties with Jahan and Yasmine, the other members of the Krewella LLCs. 18 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 20 Yasmine have worked with Trindl to help him fulfill his LLC duties—holding an intervention, 21 allowing him to decrease his touring obligation, encouraging him to continue making music— 22 but he has failed to perform in a manner and at a level that is required as a member of Krewella. 23 76. Kris’s express wish to no longer be a member of Krewella, as communicated to 24 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 26 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. 28
CROSS-COMPLAINT 15
1 77. Kris’s actions and inactions have effectively communicated his resignation to the
2 remaining members of Krewella. While Jahan and Yasmine indicated that they would be willing
3 to allow him to rejoin the group, he has refused to abide by their terms (mainly, that he remain
4 sober). As such, Kris has resigned from the LLCs under Delaware law. See Levey v. Brownstone
5 Asset Mgmt., 2014 WL 3811237 (Del. Ch. Aug 1, 2014).
6 78. However, despite his actions and statements, through his lawsuit, Kris now
7 alleges that he never resigned from the Krewella LLCs. Accordingly, there is an actual
8 controversy between Kris, Jahan, and Yasmine as to Kris’s membership status in the Krewella
9 LLCs.
10 79. A declaration of Kris’s 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
17 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 inebriated—under the influence of drugs and alcohol; he recklessly interfered with Jahan and
21 Yasmine’s 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 star”—partying hard, drinking
25 excessively, and abusing drugs—than actively participating in the live performances of the band.
26 His active choices—to drink, take drugs, to perform under the influence, and to miss and/or leave
27 DJ and guitar sessions and rehearsals—all demonstrate Kris’s reckless indifference to how Jahan
28 and Yasmine, the other members of Krewella Live LLC, were affected by his actions.
CROSS-COMPLAINT 16
1 83. Because Kris’s actions were grossly negligent, he has breached his fiduciary duty
2 of care as a member of Krewella Live LLC.
3 84. During the time Kris was a member of Krewella Music LLC, he, along with Jahan
4 and Yasmine, was expected to create and produce music for the band full time. However, Trindl
5 produced little music for the band and often relied on outside producers to substantially
6 supplement his minimal contributions. Upon returning from the Stereosonic Tour in 2012, Kris
7 has contributed little, if any, substantive music to the group. Instead, Kris spent his time smoking
8 marijuana and drinking. While Jahan and Yasmine were making music full time, Kris was
9 skipping sessions and requesting the help of outside producers
10 85. On the Get Wet album, Kris required help with production on eight of the nine
11 new songs.
12 86. In May 2014, in exchange for being relieved of his obligation to tour, Kris’s 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 89. Accordingly, Kris’s actions were grossly negligent and he has violated his duty of
28 care to Krewella Music LLC.
CROSS-COMPLAINT 17
1 CLAIM III
2 Kris Trindl Has Breached Oral Contracts
3 90. The Yousafs repeat and reallege each of the foregoing paragraphs as though fully
4 set forth herein.
5 91. Jahan, Yasmine and Kris agreed that Jahan and Yasmine would sing live and DJ
6 onstage, and that Kris, who initially was just to appear onstage for image purposes, needed to
7 become more involved in the live show. Specifically, Kris was to learn how to DJ or play
8 Krewella songs on guitar so that he could also perform live.
9 92. Jahan and Yasmine have sung live and/or DJ’d at over three hundred shows since
10 May 11, 2012, whereas, while appearing at only roughly one hundred of these shows, Kris has
11 DJ’d only two songs (not whole performances) and played acoustic guitar for one song.
12 93. Primarily, Kris has missed over roughly seventy of over two hundred of
13 Krewella’s shows in the eighteen month span between January 3, 2013 and June 22, 2014. While
14 Jahan and Yasmine have sung live and/or DJ’d at all of Krewella’s 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. Kris’s 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. Kris’s 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
1 Krewella and dedicate themselves full time to Krewella and to creating a new take on electronic
2 dance music. Intending to be bound by this agreement, the three signed a record contract with
3 Columbia Records in 2012 and released their album, Get Wet, in 2013.
4 97. The trio agreed that as long as each member was substantially contributing to the
5 creation of Krewella music, the Parties would share equally in the profits.
6 98. Initially, Jahan, Yasmine, and Kris all created music for the benefit of Krewella
7 and accordingly, received equal profits.
8 99. However, Kris stopped performing under the terms of the trio’s oral contract after
9 the band returned home from 2012 Stereosonic Festival Tour. Kris’s 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, Kris’s 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 Kris’s progress warranted returning his share of
25 Krewella Live LLC income to a full one-third share.
26 103. The Yousafs went back on tour and Kris did not join them. Kris tweeted to his
27 followers on May 28, 2014 that he was making music for Krewella.
28
CROSS-COMPLAINT 19
1 104. Kris never satisfied the agreement and was not making music for Krewella. Jahan
2 asked for an update well over two weeks later and Kris instead responded with a picture of his
3 face.
4 105. Despite not providing any significant musical contributions while Jahan and
5 Yasmine embarked on Krewella’s international tour, Kris was paid at least $260,000.00 from
6 Krewella Live LLC from June 2, 2014 through August 1, 2014.
7 106. As members of Krewella, Jahan, Yasmine and Kris were expected to create music
8 for Krewella only. During the time Kris was not touring with Krewella, he was expected to be
9 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 Kris’s 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
18 108. The Yousafs repeat and reallege each of the foregoing paragraphs as though fully
19 set forth herein.
20 109. As established in through this Cross-Complaint, the Yousafs and Kris agreed that
21 they would all create music and engage in live performances as members of Krewella.
22 110. Trindl stopped participating in any of Krewella’s 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
1 111. Kris received these amounts under the mistaken belief that he was going to take
2 his sobriety seriously and become a full-fledged participating member of Krewella once again
3 when sober. But Kris has not done so.
4 112. Kris has continued to consume and abuse drugs and alcohol, even returning to a
5 detoxification program in June 2013, and, despite his claims, never actively undertook steps to
6 return, and has not returned as, an active and participating member of Krewella.
7 113. Instead, Kris tendered his resignation as a member of Krewella on June 22, 2014.
8 As such, Kris has received monetary benefits that are a direct result of only Jahan and Yasmine’s
9 services. Therefore, Kris has been unjustly enriched.
10 114. Accordingly, Kris’s 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.
14 TRIAL BY JURY
15 115. The Yousafs hereby request trial by jury on all issues wherein trial by jury is
16 permissible.
17 PRAYER FOR RELIEF
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) Compensatory damages of more than $25,000.00 for Trindl’s breach of his
24 fiduciary duty to Krewella Live LLC;
25 (3) Compensatory damages of more than $25,000.00 for Trindl’s breach of his
26 fiduciary duty to Krewella Music LLC;
27 (4) Compensatory damages of more than $25,000.00 for each of Trindl’s breaches of
28 contract;
CROSS-COMPLAINT 21
1 (5) Compensatory damages for all amounts in which Trindl has been unjustly
2 enriched;
3 (6) An award of actual and reasonable attorneys’ fees and costs for services rendered
4 to the Yousafs in this action;
5 (7) An award of pre- and post- judgment interest;
6 (8) A trial by jury on all triable issues; and
7 (9) Such other relief as the Court deems just and proper.
8
9 DATED: November 21, 2014 10 KING & BALLOW
11 By:______12 Paul H. Duvall, Esq. Richard S. Busch, Esq. 13 Attorneys for Defendants / Cross-Complainants
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CROSS-COMPLAINT 22