) SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT COMPLAINT FOR:

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1 FREEDMAN & T AITELMAN, LLP Bryan J. Freedman, Esq. (SBN David M. Marmorstein, Esq. (SBN Avenue ofthe Stars, Suite Los Angeles, California Tel: ( Fax: ( Attorneys for Plaintiffs Alexandra Mi1chan 6 And EMJAG Productions, Inc SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT ALEXANDRA MILCHAN, an individual, 12 and EMJAG PRODUCTIONS, INC., a California corporation 13 Plaintiffs, 14 v. 15 RED GRANITE PICTURES, INC., a 16 California corporation, f/k/a RED GRANITE PRODUCTIONS, INC.; and DOES 1 to Defendants CASE NO. BC49092 FOR: (1 FRAUD (INTENTIONAL MISREPRESENTATION (2 NEGLIGENT MISREPRESENTATION (3 BREACH OF CONTRACT (4 BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING

2 Plaintiffs Alexandra Milchan and EMJAG Productions, Inc. complain and allege against 2 Defendant Red Granite Pictures, Inc., formerly known as Red Granite Productions, Inc. ("Red 3 Granite" as follows: 4 SUMMARY OF ACTION 5 1. This lawsuit concerns Red Granite's fraud and breach of contract with respect to 6 Red Granite's obligations to provide Plaintiffs Alexandra Milchan and EMJAG Productions, 7 Inc., with compensation, involvement and Producer/Production credits on the upcoming film, 8 "The Wolf of Wall Street." Notwithstanding Red Granite's written and oral promises to honor 9 the obligations under Milchan a.fld Er-,.1]AG's production deal, they unilaterally and 10 unequivocally abandoned those obligations just prior to the start of filming in August, Plaintiffs Alexandra Milchan ("Milchan" and EMJAG Productions, Inc. 12 ("EMJAG" (the "Plaintiffs" hold rights as producer on the feature- length theatrical motion 13 picture project entitled "The WolfofWall Street" (the "Film". The Film is based on the Jordan 14 Belfort book about a stockbroker imprisoned for refusing to cooperate in a massive 1990s 15 securities fraud case involving corruption on Wall Street and in the corporate banking world. 16 Milchan's determined efforts, spanning several years, were the driving force behind the Film, 17 which began shooting in August 2012 in New York City. The Film is being directed by Martin 18 Scorsese, with an all-star Hollywood cast including Leonardo DiCaprio, Jonah Hill, Matthew 19 McConaughey, Jon Favreau and Rob Reiner. Emulating the fraud and corruption which 20 permeates the Film, Defendant Red Granite, the company making the Film now refuses to 21 honor Mile/tan and EMJAG's rights as a producer after numerous attempts to "strong-arm" 22 them into accepting a lesser role failed. 23 THE PARTIES Mi1chan is, and at all relevant times was, an individual residing in the county of 25 Los Angeles, California EMJAG is, and at all relevant times was, a corporation organized under the laws 27 of the State of California, with its principal place of business in the county of Los Angeles, 28 California. 2

3 5. Plaintiffs allege on information and beliefthat Defendant Red Granite Pictures, 2 Inc., formerly known as Red Granite Productions, Inc., is, and at all relevant times was, a 3 corporation organized under the laws ofthe State of California, with its principal place of 4 business in the county of Los Angeles, California The true names and capacities of Defendants named herein as Does 1 through are unknown to Plaintiffs, who, therefore, sue these Defendants by such fictitious names. 7 Plaintiffs will amend this complaint to show the true names and capacities of the Doe Defendants 8 when they have been ascertained. Plaintiffs are informed and believe and thereon allege that 9 each of the named Defendants and Does 1 through 100, and each of them were responsible in 10 some manner for the acts and transactions hereinafter alleged and are liable to Plaintiffs Plaintiffs are informed and believe and thereon allege that at all times herein 12 mentioned each of the Defendants was the agent and/or employee of the other, and at all times 13 herein mentioned was acting within the scope of such agency and/or employment. 14 BACKGROUND FACTS Milchan is a well known Hollywood producer, and known to the world to have 16 long developed the Film, "The Wolf of Wall Street." Milchan spent years finding the writer, 17 Terry Winter, developing the book, developing the Film's script with Terry Winter, bringing the 18 project to Leonardo DiCaprio, bringing the project to Martin Scorsese, and waiting (for years 19 for Scorsese and DiCaprio to join the project (foregoing interest in the project by many premiere 20 actors and directors. Milchan's efforts to attach premiere talent such as Scorsese and DiCaprio 21 added tremendous value to the Film. Milchan's efforts were so valuable that Milchan and her 22 production company, EMJAG, were promised back end compensation on the Film Following years of developing the Film, on or about March 27, 2007, Milchan, 24 EMJAG and Warner Bros. entered into a Producer Loanout Agreement ("Loanout Agreement" 25 for the Film. Among other things, the Loanout Agreement provided for Milchan and EMJAG to 26 provide development and producer services for the Film and receive compensation and credits as 27 follows: 28 3

4 Section 3. 2 Compensation: Subject to Paragraphs 7 and 11 hereof, if Employer and Employee are 3 not in material default hereunder, Producer shall pay Employer, in full consideration of 4 all Employer's and Employee's services rendered, rights granted and representations, 5 warranties and agreements made hereunder, the following compensation: 6 (a Development Fee: For the development services referred to in Paragraph 7 1, $25,000 payable: 8 (i $12,500 upon the later of satisfaction of the conditions precedent 9 set forth in Paragraph A, commencement of Employee's services and the services of a 10 writer engaged in connection with the Picture to be supervised by Employee, and 11 execution of this Agreement. 12 (ii $12,500 upon satisfaction of the conditions set forth in 13 subparagraph 3( a(i above and the earlier of completion of all development services 14 required by Producer from Employee hereunder, or abandonment ofthe Picture, or 15 Producer's setting the Picture for production. 16 (b Fixed Compensation: If Producer engages the production services of 17 Employee as individual producer for the Picture, $700,000 payable: 18 (i 20% thereof (less all sums paid pursuant to subparagraph 3(a 19 above in approximately equal weekly installments commencing 8 weeks prior to the 20 scheduled commencement of principal photography ofthe Picture. 21 (ii 60% thereof in approximately equal weekly installments 22 throughout the scheduled period of principal photography of the Picture; provided, 23 however, if principal photography has not commenced by the date which is 6 months 24 after the date of payment made under subparagraph 3(b(i above, then the installment 25 payments under this subparagraph 3(b(ii shall commence on the date which is 6 months 26 after the date of payment made under subparagraph 3(b 0 above. 27 (iii 10% thereof on completion of dubbing and scoring of the Picture; 28 provided, however, if principal photography has not commenced by the date which is 9 4

5 months after the date of payment under subparagraph 3(b (i above, then said 10% shall 2 be payable 9 months after the date of payment made under subparagraph 3(b (i above. 3 (iv 10% thereof on delivery ofthe answer print ofthe completed 4 Picture, provided, Employee shall have completed all production services required by 5 Producer; provided, however, if principal photography of the Picture has not commenced 6 by the date which is 12 months after the date of payment made under subparagraph 7 3(b (i above, then said 10% shall be payable 12 months after the date of payment made 8 under subparagraph 3(b(i above Section Credit: Subject to any applicable guild and union requirements and to subparagraph 5( c 12 below, Producer shall accord Employee the following credit in connection with the 13 Picture: 14 (a Personal Credit: As individual producer substantially in the form 15 "Produced By Alexandra Milchan": 16 (i On the screen in all positive prints of the Picture, in first position 17 of the credits to producers accorded on screen, on a separate card (shared only with other 18 persons receiving credit in the same capacity, in the main titles, in a size oftype no 19 smaller than that used to display the personal credit of the director, screenwriter, co- 20 producer, executive producers and other producers, if any, ofthe Picture. 21 (ii In paid advertisements, in first position ofthe credits to producers 22 accorded in such a paid ad, in a size of type not less than 35% ofthat used for the "Title", 23 but in no event in a size oftype smaller than that used to display the personal credit ofthe 24 director, screenwriter, co-producer, executive producers and other producers, if any, of 25 the Picture. 26 (b Production Credit: A production credit substantially in the form "A 27 Emjag Production": 28 (i On the screen in all positive prints ofthe Picture, in third position 5

6 of production credits accorded on screen to any other producer(s (other than Producer, 2 the distributor of the Picture or any financier of the Picture, on a separate card (shared 3 only with other producers, if any, receiving a production credit in connection with the 4 Picture, in the main titles, above or before the "Title", in a size of type no smaller than 5 that used to display the director's "Film By" credit, if any, and other production credits 6 accorded to producer(s of the Picture. 7 (ii In paid advertisements, above or before the "Title", in third 8 position of production credits accorded in such a paid ad to any other producer(s (other 9 than Producer, the distributor ofthe Picture or any financier ofthe Picture, in a size of 10 type not less than 35% ofthat used for the "Title", but in no event in a size of type 11 smaller than that used to display the director's "Film By" credit, if any, and other 12 production credits accorded to producer(s of the Picture Milchan and EMJAG performed the required services for the Film as set forth 15 under the Loanout Agreement Plaintiffs allege on information and beliefthat Warner Bros. subsequently decide 17 not to make the Film. On or about April 13, 2011, Red Granite purchased the rights in the Film 18 from Warner Bros. In conjunction with its purchase ofthe Film's rights, Red Granite entered 19 into a certain Acknowledgment and Release Agreement ("Acknowledgment Agreement" with 20 Warner Bros., Milchan and EMJAG Pursuant to the Acknowledgment Agreement, Red Granite expressly assumed 22 Warner Bros.' obligations to Milchan and EMJAG under the Loanout Agreement. Specifically, 23 under the Acknowledgment Agreement, Red Granite agreed to "assume all executory 24 obligations" under the Loanout Agreement and confirmed the "assumption of obligation for 25 [Milchan and EMJAG's] benefit." Among other things, the obligations under the Loanout Agreement included that 27 (i Milchan would receive a Personal Credit on the Film in the form of "Produced By Alexandra 28 Milchan", (ii EMJAG would receive a Production Credit on the Film in the form of "An 6

7 1 EMJAG Production", (iii EMJAG would receive a Development Fee of$25,000, (iv EMJAG 2 would receive Fixed Compensation of$700,000, and (v Milchan would have access to the Film 3 production to perform her duties as Producer on the Film At all times prior to execution ofthe Acknowledgment Agreement, Red Granite 5 represented to, and assured, Milchan and EMJAG that ifthey assisted Red Granite in securing 6 the necessary rights to the Film, Red Granite would honor the contractual obligations in the 7 Loanout Agreement and would be partners with them in the Film going forward. In reliance on 8 Red Granite's promises and assurances, and as set forth in the Acknowledgment Agreement, 9 Milchan and EMJAG entered into the Acknowledgment Agreement and performed the 10 obligations called for therein, as well as the obligations called for under the Loanout Agreement. 11 In further reliance, Milchan assisted Red Granite in securing rights from Jordan Belfort, the 12 author of the book upon which the Film is based Milchan and EMJAG continued at all times to perform the services called for 14 under the Loanout Agreement and remained ready, willing and able to continue to do so going 15 forward As Red Granite prepared for principal photography on the Film, it indicated that it 17 no longer intended to honor its obligations to Milchan and EMJAG under the Loanout 18 Agreement and the Acknowledgment Agreement By the end of July, 2012, Red Granite advised Milchan that the compensation and 20 credits required under the Loanout Agreement would be unilaterally reduced. Specifically, Red 21 Granite indicated that it would reduce Milchan and EMJAG's compensation to $250,000, would 22 only provide an Executive Producer credit and refused Milchan any access to the Film 23 production or rights to consult on the project. Red Granite further advised Milchan that it would 24 not honor the terms under which Milchan and EMJAG were promised back end compensation on 25 the Film Plaintiffs allege on information and beliefthat Red Granite never intended to 27 honor the contractual obligations in the Loanout Agreement or the Acknowledgment Agreement. 28 Soon after executing the Acknowledgment Agreement, Red Granite reneged on its obligations 7

8 1 under the Acknowledgment Agreement and Loanout Agreement. At the same time, Red Granite 2 hired another producer on the Film and chose to pay him significant compensation while 3 providing him with duties which should have been afforded to Milchan Plaintiffs allege on information and beliefthat Red Granite entered into the 5 Acknowledgment Agreement with the clear intention to secure Milchan and EMJAG's 6 signatures and rights related to the project, and Milchan's assistance in securing the rights of 7 others in the Film, without any intention to perform the obligations it assumed thereby FIRST CAUSE OF ACTION (Fraud - Intentional Misrepresentation against Red Granite, and Does 1 through 100, Inclusive 20. Plaintiffs reallege, and incorporate herein by reference as if set forth in full, paragraphs 1 through 19 above. 21. Plaintiffs are informed and believe and thereon allege that Defendants participate in a fraud, the object of which was to wrongfully deprive Milchan and EMJAG of credits, compensation, recognition and involvement in connection with the Film. 22. Plaintiffs are informed and believe and thereon allege that Defendants intended to induce Plaintiffs to enter into the Acknowledgment Agreement, continue working to develop the Film under the Loanout Agreement, and to assist Defendants in securing rights to the Film from other necessary parties. 23. Defendants accomplished this fraud by falsely representing to Plaintiffs that Defendants intended to move forward on the Film as partners with Plaintiffs, to honor the terms oftheir Loanout Agreement and to enter into the Acknowledgment Agreement to confirm the obligations under the Loanout Agreement. The representations occurred many times, including: (a In or about February 2011, Rick Yom, on behalf of Red Granite, had conversations with Milchan whereby Red Granite solicited Milchan's assistance in securing rights to the book by Jordan Belfort which was to be used in the Film. At that time, the option rights to the book had lapsed and Red Granite needed to reacquire the book rights in order to 8

9 proceed with the Film. During these conversations, Yom, on Red Granite's behalf, promised 2 Milchan that Plaintiffs and Red Granite would be partners on the Film going forward consistent 3 with the obligations under the Loanout Agreement if she assisted in securing the book rights. 4 (b In or about March 2011, Milchan had conversations with Red Granite's 5 principal, Joey McFarland, wherein he promised Milchan that Plaintiffs and Red Granite would 6 be partners in the Film going forward consistent with the obligations under the Loanout 7 Agreement if she signed the Acknowledgment Agreement. 8 (c In or about March 2011, Rick Yom, on behalf of Red Granite, had 9 conversations with Milchan, wherein he promised Milchan that Plaintiffs and Red Granite would lobe partners in the Film going forward consistent with the obligations under the Loanout 11 Agreement if Milchan assisted in securing signatures from Jordan Belfort on his 12 acknowledgment agreement with Red Granite. 13 (d In or about May 2011, after execution of the Acknowledgment Agreement, 14 Red Granite made certain representations to Plaintiffs, including that Red Granite remained 15 committed to honor the Acknowledgment Agreement and the obligations to Plaintiffs within the 16 Loanout Agreement. In doing so, Red Granite sent a press release to Milchan confirming, 17 among other things, her role as Producer on the Film Plaintiffs are informed and believe and thereon allege that Defendants knew that 19 the representations above were false yet continued to re-affirm the representations The representations set forth above were material to Plaintiffs decision to enter 21 into the Acknowledgment Agreement and to perform work to develop the Film and assist Red 22 Granite in securing necessary rights on the Film. Plaintiffs never would have entered into the 23 Acknowledgment Agreement, contributing their time and experience, to develop the Film and 24 assisted in securing rights on the Film for Red Granite without the representation of Defendants 25 that they would honor the Acknowledgment Agreement and the obligations under the Loanout 26 Agreement Plaintiffs relied on Defendants' representations listed above by continuing to 28 work toward development ofthe Film. Plaintiffs work included, among other things, helping 9

10 secure the book rights and releases from Jordan Belfort, continuing to perform under the Loanout 2 Agreement as required, and working toward seeing the Film to completion This reliance was justifiable because Defendants expressed their interest in 4 making the Film, assured Plaintiffs that they would be partners with Defendants in the Film, and 5 assured Plaintiffs that they would honor the terms ofthe Acknowledgment Agreement and 6 Loanout Agreement Plaintiffs are informed and believe and thereon allege that Defendants stand to 8 earn millions of dollars in connection with making the Film which Plaintiffs worked tirelessly 9 toward developing and producing over many years time As a proximate result of Defendants' fraud, Plaintiffs have suffered damage far in 11 excess of the minimum jurisdiction of this Court and subject to proof at trial, including without 12 limitation, elimination of Plaintiffs role in connection with the Film, reduced ability to garner 13 awards and recognition in connection with the Film, lost credit that Plaintiffs would have 14 received and lost compensation that were not paid to Plaintiffs and that they could earn as a 15 producer of any subsequent sequels, remakes, or derivative works In doing the things herein alleged, Defendants acted with malice, oppression, and 17 fraud as those terms are defined by California Civil Code Section Defendants, and each of 18 them, accomplished these acts with a conscious disregard for Plaintiffs' rights. Therefore, 19 Plaintiffs are entitled to punitive damages in accordance with proof at trial SECOND CAUSE OF ACTION (Negligent Misrepresentation against Red Granite, and Does 1 through 100, Inclusive Plaintiffs reallege, and incorporate herein by reference as if set forth in full, 25 paragraphs 1 through 17 above In or about February and March 2011, Red Granite made certain representations 27 to Milchan and EMJAG, including that Red Granite intended to honor the obligations to Milchan 28 and EMJAG within the Loanout Agreement, pursuant to the contemplated execution of the 10

11 1 Acknowledgment Agreement. These representations consisted of promises by Rick Yom and 2 Joey McFarland whereby they, on behalf of Red Granite, promised Plaintiffs would be partners 3 with Red Granite on the Film going forward, ifshe (a signed the Acknowledgment Agreement, 4 (b assisted with securing signatures from Jordan Belfort on his acknowledgment agreement with 5 Red Granite, and (c assisted in securing rights to the book by Jordan Belfort which was to be 6 used in the Film On or about May 2011, after execution of the Acknowledgment Agreement, Red 8 Granite made certain representations to Milchan and EMJAG, including that Red Granite 9 remained committed to honor the Acknowledgment Agreement and the Loanout Agreement. In 10 doing so, Red Granite sent a press release to Milchan confirming, among other things, her role as 11 Producer on the Film The foregoing representations to Milchan and EMJAG, with respect to the 13 promises made prior to and following execution ofthe Acknowledgment Agreement and with 14 respect to Red Granite's professed commitment to perform the obligations under Loanout 15 Agreement were, in fact, false Plaintiffs allege on information and belief that, at the time Red Granite made the 17 alleged representations to Plaintiffs, Red Granite knew, or should have known that such 18 representations were false and/or had no reasonable grounds to believe that the representations 19 were, in fact, true Plaintiffs allege on information and belief that Red Granite made the alleged 21 representations in order to induce Plaintiffs to enter into the Acknowledgment Agreement, to 22 continue to perform under the Loanout Agreement and to assist Red Granite in securing the book 23 rights and releases from Jordan Belfort At the time Red Granite made the alleged representations, Plaintiffs were ignorant 25 of the apparently false nature of Red Granite's representations and could not, in the exercise of 26 reasonable diligence, have discovered the falsity of such representations In reliance on Red Granite's alleged representations, among other things, 28 Plaintiffs entered into the Acknowledgment Agreement and continued performing under the 11

12 Loanout Agreement. Plaintiffs' reliance was reasonable in light of the fact that Red Granite 2 professed its intention to honor the obligations under the Acknowledgment Agreement before 3 and after it was executed Had Plaintiffs known the apparent truth with respect to Red Granite's 5 representations, Plaintiffs would not have entered into the Acknowledgment Agreement, 6 continued to perform under the Loanout Agreement or assisted in securing the book rights and 7 releases from Jordan Belfort As a proximate result of the alleged representations of Red Granite, as set forth 9 hereinabove, Plaintiffs have suffered damages, and will continue to suffer damages, including, 10 without limitation, elimination of Plaintiffs role in connection with the Film, reduced ability to 11 gamer awards and recognition in connection with the Film, lost credit that they would have 12 received and lost compensation that were not paid and that they could earn as a producer of any 13 subsequent sequels, remakes, or derivative works, all in an amount in excess of the jurisdictional 14 limits ofthis Court, subject to proof at trial THIRD CAUSE OF ACTION (Breach of Contract against Red Granite, and Does 1 through 100, Inclusive 41. Plaintiffs reallege, and incorporate herein by reference as if set forth in full, paragraphs 1 through 40 above. 42. As set forth above, in April 2011, Plaintiffs and Red Granite entered into the Acknowledgment Agreement which requires, among other things, Red Granite to assume Warner Bros. obligations under the Loanout Agreement. 43. Defendants breached the Acknowledgment Agreement and Loanout Agreement, and have renounced their obligation to honor its terms. Red Granite refuses to, among other things, pay Plaintiffs their rightful compensation of $700,000; refuses to provide Plaintiffs with credit on the Film in the form of: "Produced By Alexandra Milchan" and "A Emjag Production"; and refuses to allow Milchan any access to the Film production or rights to consult on the 12

13 project If Defendants had honored the Acknowledgment Agreement and Loanout 3 Agreement, Mi1chan and EMJAG would have received the requisite compensation, Personal and 4 Production Credit, access to the Film and its production, and entitlement to back end 5 compensation. Plaintiffs are informed and believe and thereon allege that the total value of their 6 rights as related to the Film and the subsequent sequels, remakes, or derivative works is and will 7 be millions of dollars Thus, as a proximate result of Defendants' breach of their contract with Milchan 9 and EMJAG, Plaintiffs have suffered damage far in excess of the minimum jurisdiction of this 10 Court and subject to proof at trial l FOURTH CAUSE OF ACTION (Breach of Covenant of Good Faith and Fair Dealing against Red Granite, and Does 1 through 100, Inclusive 46. Plaintiffs reallege, and incorporate herein by reference as if set forth in full, paragraphs 1 through 45 above. 47. As set forth above, in April 2011, Mi1chan, EMJAG, and Red Granite entered into the Acknowledgment Agreement which requires, among other things, Red Granite to assume Warner Bros. obligations under the Loanout Agreement. 48. The Acknowledgment Agreement carried with it an attendant obligation of good faith and fair dealing by Defendants. That obligation of good faith and fair dealing included, among other things, an obligation to perform thereunder and to allow Mikhan and EMJAG the opportunity to perform thereunder, in order to allow them the benefits ofthe Acknowledgment and Loanout Agreement to the fullest extent possible. 49. Defendants breached the Acknowledgment Agreement and the Loanout Agreement, and have renounced their obligations to honor their terms. Among other things, Defendants refuse to pay Mikhan and EMJAG the required compensation, to provide them with Personal and Production credits as required, and to allow Mi1chan access to the Film production 13

14 or rights to consult on the project. Defendants further refuse to honor the terms under which 2 Milchan and EMJAG were promised back end compensation on the Film. Further, Defendants 3 have not acted in good faith or dealt fairly with Milchan and EMJAG because Defendants have 4 completely renounced their obligations to them pursuant to the Acknowledgment Agreement and 5 Loanout Agreement If Defendants had honored the Acknowledgment Agreement and Loanout 7 Agreement and engaged in good faith and fair dealing, Milchan and EMJAG would have 8 received the requisite compensation, Personal and Production Credit, access to the Film and its 9 production, and entitlement to back end compensation. Plaintiffs are informed and believe and lo thereon allege that the total value of their rights as related to the Film and the subsequent sequels 11 remakes, or derivati ve works is and will be millions of dollars Thus, as a proximate result of Defendants' breach of their contract with Plaintiffs, 13 Plaintiffs have suffered damage far in excess of the minimum jurisdiction of this Court and 14 subject to proof at trial PRAYER FOR RELIEF 17 WHEREFORE, Plaintiffs pray for judgment against each of the Defendants as follows: 18 On the First Cause of Action (Fraud - Intentional Misrepresentation: For damages in an amount in excess ofthe jurisdictional minimum of this Court, 20 according to proof at trial, including without limitation, elimination of Plaintiffs role in 21 connection with the Film, reduced ability to garner awards and recognition in connection 22 with the Film, lost credit that they would have received and lost compensation that they 23 earned and would have earned as a producer of any subsequent sequels, remakes, or 24 derivative works For costs of suit For prejudgment interest at the maximum rate permitted by law For punitive damages For such other and further relief as justice may require. 14

15 1 On the Second Cause of Action (Negligent Misrepresentation: 2 6. For general damages in a sum in excess of the jurisdictional minimum of this Court, 3 according to proof at trial, including without limitation, elimination of Plaintiffs role in 4 connection with the Film, reduced ability to gamer awards and recognition in connection 5 with the Film, lost credit that that they would have received and lost compensation 6 that they earned and would have earned as a producer of any subsequent sequels, 7 remakes, or derivative works For special damages in a sum in an amount according to proof at trial. 9 On the Third Cause of Action (Breach of Contract: For damages in an amount in excess of the jurisdictional minimum of this Court, 11 according to proof at trial, including without limitation, elimination of Plaintiffs role in 12 connection with the Film, reduced ability to gamer awards and recognition in connection 13 with the Film lost credit that they would have received and lost compensation that they 14 would have earned as a producer of any subsequent sequels, remakes, or derivative 15 works For costs of suit For prejudgment interest at the maximum rate permitted by law For such other and further relief as justice may require. 19 On the Fourth Cause of Action (Breach of Covenant of Good Faith and Fair Dealing: For damages in an amount in excess of the jurisdictional minimum of this Court, 21 according to proof at trial, including without limitation, elimination of Plaintiffs role in 22 connection with the Film, reduced ability to gamer awards and recognition in connection 23 with the Film lost credit that they would have received and lost compensation that they 24 earned and would have earned as a producer of any subsequent sequels, remakes, or 25 derivative works For costs of suit For prejudgment interest at the maximum rate permitted by law For such other and further relief as justice may require. 15

16 II On All Causes of Action: For pre-judgment interest in an amount according to proof at trial For attorneys' fees and costs to the extent permitted under California law For such other and further relief as the court may deem proper Dated: Augusttf,' 2012 FREEDMAN & TAITELMAN, LLP By: Bryan 1. Freedman David M. Marmorstein Attorneys for Plaintiffs Alexandra Milchan and EMJAG Productions, Inc