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The Complaint ORIGINAL 1 MICHAEL R. SHAPIRO, ESQ. (SBN 37011) ^asP LAW OFFICES OF MICHAEL R. SHAPIRO, APC ^ 2 612 North Sepulveda Blvd.. Suite 11 Los Angeles, CA 90049 3 Tel.: (310)472-8900 oa 3 0 2015 Fax: (310)472-4600 4 Email: [email protected] SfremR.Carte.g»eOfficer/Clerk 5 Attorney for Plaintiff, Gerald E. Heller . 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF LOS ANGELES 8 CENTRAL DISTRICT 9 10 GERALD E. HELLER, an individual, BC 5 90 4 9 9 11 Case No.: 12 Plaintiff, COMPLAINT FOR: 13 NBCUNIVERSAL, INC., A SUBSIDIARY OF 1. DEFAMATION (LD3EL & SLANDER) 14 COMCAST CORPORATION; F. GARY 2. TRADE LIBEL 3. FALSE LIGHT 15 GRAY, an individual; O'SHEA JACKSON SR, PKA ICE CUBE, an individual; ANDRE 4. MISAPPROPRIATION OF LIKENESS 5. INTENTIONAL INTERFERENCE 16 YOUNG, PKA DR DRE, an individual; THE WITH A PROSPECTIVE ECONOMIC ESTATE OF ERIC WRIGHT, PKA EAZY E, ADVANTAGE 17 an individual; TOMICA WOODS-WRIGHT, NEGLIGENT INTERFERENCE WITH individually and as the personal A PROSPECTIVE ECONOMIC 18 representative ofthe ESTATE OF ERIC ADVANTAGE WRIGHT; COMPTOWN RECORDS, INC., 7. BREACH OF CONTRACT 19 (SETTLEMENT AGREEMENT) a corporation; MATT ALVAREZ, an 8. BREACH OF IMPLIED COVENANT individual; SCOTT BERNSTEIN, an OF GOOD FAITH AND FAIR individual; LEGENDARY PICTURES, a DEALING (SETTLEMENT 21 corporation; XENON PICTURES, AGREEMENT) INC/XENON ENTERTAINMENT GROUP, 9. BREACH OF ORAL CONTRACT 22 a corporation; JONATHAN HERMAN, an 10. BREACH OF IMPLIED COVENANT individual; ANDREA BERLOFF, an OF GOOD FAITH AND FAIR 23 DEALING (ORAL CONXBA&B individual; S. LEIGH SAVIDGE, an 11. CONVERSION §§ ™o 3> "24 individual; ALAN WENKUS, an individual: 12. COPYRIGHT INFRINGE ~~ IT) and Does 1 -100, o o o n rn TJ .. a> gc x- X "Z> # IT 25 S £ w ni •• :* Defendants. m .. '26 w o en --. •_ '--t o o 27 I-* en ?28 Plaintiff Gerald E. Heller (sometimes referred toas "Jerry" or "Plaintiff) submita-tHEs \0 ~-i o « « » M 1 '-> o o cn Oi g> o '-• U COMPLAINT O O o o 1 Complaintand alleges, upon information and belief as follows: 2 3 JURISDICTION AND VENUE 4 1. As noted more fully in the FACTS COMMON TO ALL COUNTS section ofthis 5 Complaint, thisaction arises outof actof defamation, conversion and othertortious 6 behavior and breach of a Settlement Agreement between PlaintiffGeraldE. Hellerand 7 Defendant Tomica Woods-Wright and Comptown Records, Inc. and Does 1-20, and 8 certain scenes, words, images, implicationsand innuendo within a theatrical Motion 9 Picture entitled, "Straight Outta Compton" that all Defendants noted inthe caption above 10 and Does 20-50 created, wrote, directed, produced and distributed globally tothe detriment 11 ofPlaintiffGerald E. Heller. 12 2. All ofthe above transactions and activities took place inthe County ofLos Angeles within 13 the jurisdiction of this Court. Ail individual Defendants reside in the County ofLos 14 Angeles, within the jurisdiction of this Court. Defendants NBCUniversal, Inc., a subsidiary 15 ofComcast Corporation and Defendant Legendary Pictures have their principal places of business in the County of Los Angeles, within thejurisdiction of thisCourt. 16 3;. Venue is proper in this Court under California Code ofCivil Procedure Section 395 as 17 many of thewrongful conduct alleged herein occurred inthisCounty, all oftheindividual 18 Defendants reside inLos Angeles County and as noted above, both NBCUniversal, Inc., a 19 subsidiary of Comcast Corporation and Defendant Legendary Pictures maintain businesses 20 in this County and all parties are either located in ordo business inthis County ofLos 21 Angeles, State ofCalifornia. PARTIES 4. Plaintiff GERALD E. HELLER, an individual, as to the events outlined in this Complaint, H -,24 isand was a resident of the County of Los Angeles, State of California ".25 5. Defendant NBCUNIVERSAL, INC., a subsidiary ofCOMCAST CORPORATION, a ;;26 corporation, does business and has itsprincipal place of business intheCounty ofLos Angeles, State of California. °28 6. Defendant LEGENDARY PICTURES, acorporation, does business and has its principal COMPLAINT 1 place of business inthe County of Los Angeles, State of California. 2 7. Defendant XENON PICTURES, INC/XENON ENTERTAINMENT GROUP, a 3 corporation, does business and has its principal place ofbusiness inthe County ofLos Angeles. State ofCalifornia. 5 8. F. GARY GRAY, an individual, as to the events outlined inthis Complaint, is and was a resident of theCounty of Los Angeles, State of California. 6 9. Defendant O'SHEA JACKSON SR., PKA ICE CUBE, an individual, asto theevents 7 outlined inthis COMPLAINT, is and was a resident ofthe County of Los Angeles, State of 8 California. 9 10. Defendant ANDREYOUNG, PKA DR. DRE, an individual, as to the events outlined in 10 thisComplaint, isandwas a resident of the County of LosAngeles, State of California. 11 11. Defendant THE ESTATE OF ERIC WRIGHT PKA EAZY E,is resident in the County of 12 Los Angeles, State ofCalifornia. 13 12. Defendant TOMICA WOODS-WRJGHT, an individual and as the personal representative 14 of the Defendant ESTATE OF ERIC WRIGHT, asthe events outlined inthis Complaint, is 15 and was a residentof the County of LosAngeles, Stateof California. 13. Defendant COMPTOWN RECORDS, INC., a corporation, does business and hasits 16 principal place of business in theCounty of Los Angeles, Stateof California. 17 14. Defendant MATT ALVAREZ, anindividual, as to the events outlined inthis Complaint, 18 is and wasa resident of the County of LosAngeles, Stateof California. 19 15. Defendant SCOTT BERNSTEIN, an individual, as to the eventsoutlined in this 20 Complaint, isand was a resident ofthe County of Los Angeles, State ofCalifornia. 21 16. Defendant JONATHAN HERMAN, an individual, as to theevents outlined in this 22 Complaint, is and was a resident of the County of Los Angeles, State of California. 23 17. Defendant ANDREA BERLOFF, an individual, as to the eventsoutlined in this 'I'24 Complaint, isand was a resident ofthe County of Los Angeles, State ofCalifornia. > 25 18. Defendant S. LEIGH SAVAGE, an individual, as to the events outlined in this Complaint, isand was a resident of the County of Los Angeles, State ofCalifornia. : 26 f' •) 19. Defendant ALAN WENKUS, an individual, as to the events outlined in this Complaint, is '-. 27 and was a resident of the County of Los Angeles, State of California. M28 COMPLAINT 1 .20. Plaintiff GERALD E. HELLER is notaware of the truenames andcapacities of the 2 Defendants sued herein as Does 1-100 inclusive and therefore suethese Defendants by 3 their fictitious names. Plaintiff will seek leave of Court to amend theComplaint to reflect 4 the true names and capacities of said Does 1-100, inclusive when these have been ascertained. Plaintiffis informed andbelieves that said fictitiously namedDefendants, and 5 each of them, wereresponsible in some manner for the harm sustained by Plaintiffas set 6 forth herein. 7 21. PlaintiffGERALD E.HELLER alleges thateach Defendant wasthe agent, principal and/or 8 employee of each other in the acts, conduct and omissions alleged herein and therefore 9 incurred liability to PlaintiffGERALD E. HELLER for all such acts and/or omissions. 10 11 Plaintiff further alleges that all such Defendants were acting within the course and scope 12 oftheir employment and/or said agency. 13 FACTS COMMON TO ALL COUNTS 14 22. Plaintiff is a highly successfiil and respected business professional in the music industry, 15 since the late 1960's and I970's, functioning as both a creative and business executive. 16 23. Through a set of circumstances, in 1986-87, Plaintiffmet DefendantsEric Wright(pka 17 "Eazy E"), Andre Young (pka "Dr. Dre"), and O'Shea Jackson (pka "Ice Cube"). 18 Subsequently, in early 1987, Defendant Eazy E formed an independent Record Company 19 called RUTHLESS RECORDS ("Ruthless"). Under his ManagementContractwith 20 Ruthless, Plaintiff was entitled to a 20% interest in Ruthless. 21 24. Ruthless entered into an exclusive Recording Contract withDefendants EazyE, Dr. Dre, 22 Ice Cube,and others and formed a group called N.W.A. Additionally, Ruthless arranged 23 forPlaintiff to provide management services tothemembers of N.W.A., except IceCube, i—< _24 for a standard 20% commission rate. Underhis Management Contract with Ruthless, Plaintiffsuccessfully managed N.W.A., (apartfrom Ice Cube)for several years, w26 25. Ruthless also entered intoa series of exclusive music publishing contracts with i'. i v27 Defendants EazyE, Dr. Dreand Ice-Cube, entitling Ruthless to a percentage of gross 28 music publishing revenues generated bymusic compositions written in whole or in partby U1 COMPLAINT 1 these three artists. Those publishingdesigneesof Ruthlesswere and are "RUTHLESS 2 ATTACK MUZICK" and "DOLLARZ N SENSE MUSICK." 3 26. UnderPlaintiffs management, N.W.A. became hugely successful. Plaintiffis informed 4 i and believes, and thereon alleges, that N.W.A. continues to generate many-millions of : 5 dollars inrevenue from multiple revenue streams ona global basis. 6 i The Screenplay and The Book ! 7 1 27. In or around May 21,2001, Plaintiffentered into an oral contract for the services of 8 Defendants, S. Leigh Savidge and Alan Wenkus ofXenon Pictures, Inc./Xenon i 9 EntertainmentGroup ("Xenon") to collaboratewith Plaintiffto write an original j 10 screenplayrelating the story of Ruthlessand N.W.A. In furtherance of this agreement, 11 Defendants Savidge and Wenkus worked withandmet withPlaintiffand prepared at least 12 fourdraft screenplays, including November 14, 2002and August 16,2008 screenplays 13 entitled, "Straight Outta Compton." 14 28. At all times, under his agreement with Defendants Savidge/Wenkus/Xenon,the 15 screenplays were Plaintiff's property, and in exchange for their services, Defendants 16 Savidge/Wenkus/Xenon were to receive equal creditandequal compensation thatPlaintiff 17 would receive as a writer and producerof any film based upon the screenplaythat Plaintiff 18 commissioned them to write. 19 29. In or around 2005, Plaintiffalso began to writea book relating the story of Ruthless and 20 N.W.A.
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