ATTORNEY LAW OFFICES OF ATTORNEY 123 Main St. Suite 1 City, CA 912345 Telephone: (949 123-4567 Facsimile: (949 123-4567 Email: attorney@law.com ATTORNEY, Attorney for P1 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER P1 vs. Plaintiff, D1, individually and as a managing member of D2, LLC, a California Limited Liability Company, D2, LLC, a California Limited Liability Company, D3, an individual, D4, individually and as a partner in D6, LLC, a California Limited Liability Company, D5, individually and as a partner in D6, LLC, a California Limited Liability Company, D6, LLC, a California Limited Liability Company. and DOES 1-50, inclusive; Defendants. _ Case No.: 123456 (Unlimited Civil Jurisdiction COMPLAINT FOR: 1 BREACH OF WRITTEN CONTRACT 2 BREACH OF ORAL CONTRACT 3 BREACH OF ORAL CONTRACT 4 BREACH OF ORAL CONTRACT 5 BREACH OF ORAL CONTRACT 6 BREACH OF ORAL CONTRACT 7 MONEY LENT BY P1 TO DEFENDANT 8 BREACH OF ORAL CONTRACT 9 BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING 10 FRAUD 11 CONSPIRACY 12 CONSPIRACY 13 CONSPIRACY
Plaintiff complains and for causes of action alleges as follows: PARTIES, JURISDICTION AND VENUE 1. Venue is proper here because defendants, and each of them, entered into the contracts with Plaintiff in Orange County as is set forth in paragraphs 13, 20, 22, 27, 30 and 34 infra. 2. At all times herein mentioned P1, an individual, was and is a resident of Orange County in the State of California. 3. Plaintiff is informed and believes and on the basis of such information and belief alleges that D1, an individual, also professionally known as P/K/A xx., is now, and at all times relevant herein has been a managing member of D2, LLC. The residency of D1 is unknown to Plaintiff at this time. 4. Plaintiff is informed and believes and on the basis of such information and belief alleges that D2, LLC, is a California Limited Liability Corporation conducting business from offices in Los Angeles, California and whose agent for service of process is XYZ, 1234 Blvd, Beverly Hills, CA 90212. 5. The residency of D3, an individual, also known as Alias One and Alias Two and professionally known as P/K/A one and P/K/A two is unknown to Plaintiff at this time. 6. Plaintiff is informed and believes and on the basis of such information and belief alleges that D4, an individual, at all times relevant herein was a partner in D6, LLC. The residency of D4 is unknown to Plaintiff at this time. 7. Plaintiff is informed and believes and on the basis of such information and belief alleges that D5, an individual, at all times relevant herein was a partner in D6, LLC. The residency of D5 is unknown to Plaintiff at this time. 8. Plaintiff is informed and believes and on the basis of such information and belief alleges that D6, LLC was conducting business from offices in Los Angeles, California and whose agent for service of process is xyz, 123 Blvd., Ste 600, Los
Angeles, CA 90069. Plaintiff is informed and believes that D6, LLC is now a dissolved corporation. 9. The true names and capacities, whether individual, corporate, associate or otherwise, of the defendants Does 1 through 50, inclusive, are at this time unknown by plaintiff, who therefore Plaintiff sues said defendants by such fictitious names and plaintiff will amend this complaint to show the true names and capacities when the same have been ascertained. 10. Plaintiff is informed and believes and on the basis of such information and belief alleges that each of the defendants designated herein as a DOE defendant is legally responsible in some manner for the matters herein alleged and is legally responsible in some manner for causing the injuries and damages to Plaintiff as alleged herein. 11. Plaintiff is informed and believes, and thereon alleges that at all times herein mentioned, the defendants, and each of them, was the conspirator with or agent, servant or employee of each and all of the other defendants and at all times acted within the scope of as such agents, servants or employees and with the knowledge, permission and consent of their co-defendants. GENERAL ALLEGATIONS 12. Plaintiff P1 (hereinafter referred to as P1 entered into various agreements, both written and oral, with the defendants named and described herein to finance the production of recording artist and/or further develop the businesses involved in the production of recording artists. 13. On or about April 18, 2007, in Orange County, P1 entered into a written contract (hereinafter referred to as the Investment Agreement, a true and correct copy is attached herein as Exhibit A with D2, LLC (hereinafter referred to as D2, D1, p/k/a P/K/A xxx. (hereinafter referred to as D1, as managing member of D2 and D3, a/k/a Alias one, a/k/a Alias two, p/k/a p/k/a one and p/k/a P/K/A two (hereinafter referred to as D3 whereby P1 agreed to fund D2, LLC in the amount of $250,000.00 (hereinafter referred to as investment funds for the purpose of recording the First
Album to be recorded by D3 (hereinafter referred to as D3 S First Album pursuant to D3 S agreement with D2 (hereinafter referred to as the Artist s Agreement, a true and correct copy attached herein as Exhibit B. 14. In consideration for his investment, P1 would receive 5% of any and all net income generated by D2 from D3 pursuant to the Artist s Agreement and that during the term of the Artist Agreement, D2 and P1 would each own 25% of any production company or record label owned or started by D3. 15. The Investment Agreement provided that within two weeks of P1 deposit of the investment funds to D1 s trust account, D2 was to begin recording the D3 First Album. Plaintiff is informed and believes that such recordings were commenced. 16. The Investment Agreement also provided for certain vehicle and living expenses for D3 to be paid by D2 and/or the investment funds as advances against the royalty due to D3 pursuant to the Artist Agreement. 17. On or about April 21, 2007, pursuant to the Investment Agreement, P1 wired $250,000.00 to D1 s trust account as administered by D1 s attorney, Andrew Stern. 18. The investment funds were placed in the trust account of Defendant D1, the managing member of D2, with instructions that the distributions of the funds were to be made at D1 s direction and with P1 s knowledge as to those distributions. (Refer to the Letter from the Law Offices of Andrew J. Stern, Inc. dated August 1, 2008 a true and correct copy attached herein as Exhibit C. 19. Of the $250,000.00 in investment funds wired to the D1 trust account, $140,000.00 were disbursed to D4 (hereinafter referred to as D4, the producer of D3 S First Album, ostensibly to record and produce D3 S First Album, $49,000.00 were disbursed to D1 and the remaining $61,000.00 were disbursed to various individuals and for legal fees. (See Exhibit C, attached herein. 20. On or about May of 2007, upon an oral agreement formed in Orange County between P1 and D1, P1 provided D1 with an additional $50,000.00 via cashier s
check to begin D2 production work on an album to be recorded by artist x, p/k/a ABC. It was agreed to by the parties that this production work would be in addition to the original Investment Agreement and that Plaintiff was to receive 50% of all profits D2 generated from the recording of this artist. 21. Plaintiff is informed and believes that no recordings of artist x, p/k/a ABC were made by D2. 22. On or about early July 2007, D4 told P1 that he needed more money to complete D3 S First Album. P1 orally agreed in Orange County to provide D4 with an additional $175,000.00 per D4 stated need. The funds were wire transferred from P1 s bank account to D4 bank account. 23. Plaintiff is informed and believes that D3 S First Album as agreed to in the Investment Agreement was never produced. 24. Plaintiff is informed and believes that on or about July 2007, D3 signed a separate contract with D2 unbeknownst to P1 at that time to make recordings separate and apart from the Investment Agreement. This was in direct violation of the written contract Plaintiff signed with Defendants D2 AND D3. 25. Plaintiff is informed and believes that D3 recorded at least six songs during the time he was under contract with P1 but none was produced. 26. Plaintiff never received any consideration from D2 as a result of the Investment Agreement or from his oral agreements with defendants, D2, D1, D3 and D4. A 27. On or about July 2007, P1 formed an oral agreement in Orange County with D4 in which P1 and D4 would develop a production company known as A. Parties to the agreement included D3 and recording artists ABC (hereinafter referred to as Abc and Ricky (LNU p/k/a ZZ (hereinafter referred to as ZZ All parties orally agreed that P1 would invest $300,000.00 towards the development of A to produce recordings of various artists to include D3, Abc and ZZ. D4 was to be responsible for production. D3 and the other artists to this agreement were to record for
production. The parties also orally agreed that P1 would provide some living expenses and salary to D3, Abc and ZZ while they were in production for A. It was agreed that these living expenses and salary funds would be provided to D3 to distribute among the artists. 28. For P1 $300,000.00 investment in A and the additional funds for financial maintenance of the artists, D4 and P1 orally agreed in Orange County that D4 and P1 would share a 50/50 split on any A net profits from the production of D3 and other artists. 29. Pursuant to the agreement, P1 transferred $300,000.00 from his Orange County bank account to D4 and personally made the rent payments on an residence in Woodland Hills, California for D3, Abc and ZZ where they jointly lived in from July 2007 until December 2007 (inclusive. P1 paid $3,600.00 per month for the residence, for a total outlay $21,600.00. P1 also paid a monthly salary of $6,000.00 to D3 that was to be distributed between D3, Abc and ZZ for the months July 2007 to December 2007 (inclusive, for a total outlay of $36,000.00. Additionally P1 directly provided D3 with approximately $100,000.00 over this time period to provide for D3 S lifestyle expenses as is customary for a producer to provide for his artist. 30. On or about August 2007 to December 2007, P1 also provided D4 with numerous cash advances from his Orange County bank account as requested by D4, which totaled approximately $188,000.00 and were given as personal loans to D4 to be repaid to P1 upon D4 receipt of proceeds from a recording D4 was producing separate and apart from the production agreements D4 had with P1. 31. P1 is informed and believes that the recording or recordings of artists D3, Abc and ZZ were never produced by A as per P1 oral agreement with defendants D4 and D3. 32. P1 never received any consideration as a result of his investment and oral agreement with Defendants D4 and D3.
33. D4 failed to repay P1 any of the monies he owed to P1 for the cash advances P1 provided to D4. D6 34. Defendants D4 and D5 (hereinafter referred to as D5 co-owned a production company known as D6 (hereinafter referred to as D6. On or about August 2007, in Orange County, P1 formed an oral contract with D6 S owners D4 AND D5 wherein it was agreed that P1 would put together a business plan for presentation to potential investors in order to develop and expand D6 s business. As part of this agreement, P1 was also to locate the potential investors. P1 orally agreed with both D4 and D5 to this proposition and for consideration, P1 would receive 10% of all of D6 s future earnings. 35. Over the next four to five months, from approximately September 2007 until December 2007, P1 invested approximately $100,000.00 of his own funds in order to create a business plan and secure investors for D6 pursuant to the agreement he had with D4 and D5. 36. On or about December 2007, P1 presented the business plan, a true and correct copy attached herein as Exhibit D, to D4 and D5. The plan was presented by P1 to three serious potential investors, all of whom expressed an interest in investing in D6. Defendants D4 and D5 failed to act on the business plan. 37. P1 never received any consideration as a result of his investment and oral agreement with defendants D6, LLC or its owners, Defendants D4 AND D5. FIRST CAUSE OF ACTION (BREACH OF WRITTEN CONTRACT AGAINST DEFENDANTS D2, D1 AND D3. 38. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 37 above, inclusive. 39. On or about April 18, 2007, in Orange County, a written contract, known as the Investment Agreement attached herein as Exhibit A, arose between Plaintiff and
Defendants D2, D1 AND D3 wherein defendants agreed to produce D3 S First Album utilizing P1 funds ($250,000.00 invested for that purpose; P1 to receive in return, five percent (5% of any and all net income generated from the production of this album. 40. Plaintiff invested said funds and therefore performed all conditions, covenants and promises required on his part to be performed in accordance with the terms and conditions of the written contract. 41. D3 S First Album was not produced, nor was there any reasonable attempt by the defendants to produce this album. 42. Furthermore D3 and D2 entered into a recording contract, specifically prohibited by the Investment Agreement, separate and apart from the Investment Agreement with Plaintiff. 43. Defendants D2, D1 AND D3, and each of them, breached the Investment Agreement in that they failed to produce D3 S First Album as set forth in the Investment Agreement. 44. By reason of Defendants D2, D1 AND D3 breach of said Investment Agreement, a written contract, P1 has suffered damages in the amount of $250,000.00 SECOND CAUSE OF ACTION (BREACH OF ORAL CONTRACT AGAINST DEFENDANTS D2 AND D1. 45. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 44 above, inclusive. 46. On or about May 2007, D1 approached Plaintiff at a church in Orange County and solicited an additional $50,000 from Plaintiff ostensibly to produce another artist, ZYX, p/k/a zzyyxx. 47. An oral contract thereafter arose between P1 and D2 AND D1 wherein Plaintiff agreed to and did provide additional funds in the amount of $50,000.00 to begin production work on artist ZYX, p/k/a zzyyxx. It was agreed to by the parties that this
production work would be in addition to the original Investment Agreement and that Plaintiff was to receive 50% of all profits D2 generated from the recording of this artist. 48. Plaintiff duly performed his obligation of the oral agreement by providing D1 with a $50,000 cashier s check for the purposes of producing ABC. 49. ZYX, p/k/a zzyyxx production work was ever attempted by Defendants. 50. D2 and D1, and each of them, breached the agreement in that they failed to produce any recordings by x, p/k/a xx. By reason of Defendants D2 s and D1 s breach of said oral contract, P1 has suffered damages in the amount of $50,000.00. THIRD CAUSE OF ACTION (BREACH OF ORAL CONTRACT AGAINST DEFENDANT D4. 51. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 50 above, inclusive. 52. On or about July 2007, an oral contract arose between P1 and D4 in Orange County wherein Plaintiff agreed to provide and did provide an additional $175,000.00 to D4 upon D4 representation to Plaintiff that another $175,000.00 was needed in order to complete production of D3 S First Album. 53. Plaintiff duly performed his obligation of the oral agreement by providing $175,000.00 via electronic bank transfer (wire directly from his bank account to the bank account of D4 for the purposes of completing the production of D3 S First Album. 54. D3 S First Album was not produced, nor was there any reasonable attempt by the defendant to produce this album. D4 breached the agreement in that he failed to complete production of D3 S First Album. 55. By reason of D4 breach of said oral contract, Plaintiff P1 has suffered damages in the amount of $175,000.00. FOURTH CAUSE OF ACTION (BREACH OF ORAL CONTRACT AGAINST D D4 56. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 55 above, inclusive.
57. On or about July 2007, an oral contract arose between P1 and D4, wherein Plaintiff agreed to and did provide $300,000.00 for development of a production company to be known as A. Utilizing those funds, A was to produce various recording artists. 58. Plaintiff duly performed his obligation of the oral agreement by providing $300,000.00 via electronic bank transfer (wire directly from his bank account to the bank account of D4 for the purposes of producing various recording artists for the company A. 59. No recordings were produced by the defendant as agreed nor was there any reasonable attempt by the defendant to produce such recordings. Plaintiff received no return for this investment. D4 breached the agreement in that he failed to produce any of the artists under the A agreement. 60. By reason of D4 breach of said oral contract, Plaintiff P1 has suffered damages in the amount of $300,000.00. FIFTH CAUSE OF ACTION (BREACH OF ORAL CONTRACT AGAINST DEFENDANTS D4 AND D3 61. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 60 above, inclusive. 62. On or about July 2007, an oral contract arose between Plaintiff and Defendants D4 and D3 wherein Plaintiff agreed to and did provide $21,600.00 as payment on rent for living quarters for D3 and others and $36,000.00 in salary to D3 pursuant to the oral agreement made between Plaintiff and above-named defendants in consideration for A production of recordings by D3 and other artists. 63. Plaintiff duly performed his obligation of the oral agreement by providing the aforementioned funds directly towards the rent on a residence for D3 and directly paying D3 $36,000.00 in compensation to produce the recordings as agreed. 64. No recordings were made or produced by the defendants as agreed, nor was there any reasonable attempt by the defendants to do so. Plaintiff received no return for
this investment. Defendants D4 and D3 breached the agreement in that they failed to produce any recordings under the A agreement. 65. By reason of Defendants breach of said oral contract, Plaintiff P1 has suffered damages in the approximate amount of $57,600.00, the exact sum to be proven at trial. SIXTH CAUSE OF ACTION (BREACH OF ORAL CONTRACT AGAINST D3 66. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 65 above, inclusive. 67. On or about July 2007, an oral contract arose between Plaintiff and D3 wherein Plaintiff agreed to and did provide approximately $100,000.00 to D3 for living expenses during production of the D3 S recordings as is customary for a producer to pay for his artist during production. 68. Plaintiff duly performed his obligation of the oral agreement by providing the approximately $100,000.00 directly to D3 to accommodate his spending needs while in production. 69. No recordings were produced by D3 as agreed, nor was any reasonable attempt to do so made by the defendant. D3 breached the agreement in that he failed to produce any recordings under any agreements D3 had with Plaintiff. 70. By reason of Defendant s breach of said oral contract, P1 has suffered damages in the approximate amount of $100,000.00, the exact sum to be proven at trial. SEVENTH CAUSE OF ACTION (MONEY LOANED BY P1 TO D4. 71. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 70 above, inclusive. 72. On or about August 2007 until December 2007, Plaintiff loaned D4 approximately $188,000.00 in personal loans to which D4 agreed to repay Plaintiff the full amount.
73. No part of the amount due has been repaid, notwithstanding that P1 has demanded payment for the full balance due and there is now due, owing, and unpaid from D4 to P1, the approximate sum of $188,000.00, the exact sum to be proven at trial. EIGHTH CAUSE OF ACTION (BREACH OF ORAL CONTRACT AGAINST DEFENDANTS D4, D5 AND D6, LLC. 74. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 73 above, inclusive. 75. On or about August 2007, an oral contract arose between Plaintiff and Defendants D4 AND D5 wherein Plaintiff agreed to and did develop a business plan for D6 and utilizing this plan secured serious potential investors for D6. Plaintiff spent approximately $100,000.00 of his own funds to develop this plan pursuant to his agreement with Defendants. 76. Plaintiff duly performed his obligation of the oral agreement by devoting his time and money toward the development of a business plan for D6 and securing potential investors to implement that plan. (Exhibit D. 77. Defendants failed to act on the plan as agreed thereby breaching the agreement made with Plaintiff. 78. By reason of Defendant s breach of said oral contract, P1 has suffered damages in the approximate amount of $100,000.0, the exact sum to be proven at trial. NINTH CAUSE OF ACTION (BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING AGAINST ALL DEFENDANTS. 79. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 78 above, inclusive. 80. There is implied in the agreement between Plaintiff and Defendants, and each of them, a covenant of good faith and fair dealing wherein Defendants covenanted
that they would, in good faith and in the exercise of fair dealing, deal with Plaintiff fairly and honestly and do nothing to impair, interfere with, hinder or potentially injure the rights of Plaintiff under the agreement. Defendants accepted a duty of honor and contractual obligations by entering into the agreement. 81. Plaintiff lacked the experience and sophistication in the entertainment industry. Defendants represented to Plaintiff their experience in the industry to the extent that Plaintiff fully and reasonably relied upon Defendant s experience and knowledge in the industry. Defendants represented to Plaintiff that for his investments, Defendants would in return develop and produce products upon which Plaintiff could reasonably expect to financially profit. 82. Defendants breached their covenant of good faith and fair dealing and failed to act in good faith with respect to the interests of the plaintiff in that Defendants, and each of them, failed in their duty to perform in any way that would accomplish the purposes of the contracts between Plaintiff and Defendants. TENTH CAUSE OF ACTION (FRAUD AGAINST ALL DEFENDANTS. 83. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 82 above, inclusive. 84. Plaintiff is informed and believes and thereon alleges that Defendants and each of them, contracted with Plaintiff as stated herein to induce him to enter into said contracts without any intention of performing on those contracts and that Defendants did knowingly misrepresent their intentions when forming said contracts with Plaintiff. 85. Plaintiff, at the time these representations were made by Defendants and at the time Plaintiff took the actions herein alleged, was ignorant of the falsity of Defendants representations and believed them to be true. 86. Plaintiff relied on representations made by Defendants, and each of them, in his decisions to invest his funds pursuant to the contracts between Plaintiff and
Defendants. Had Plaintiff known the actual intention of the defendants, he would not have performed the actions. 87. As a proximate result of the fraudulent conduct of Defendants caused an approximate $1,188,200.00 loss to Plaintiff, the exact sum to be proven at trial. 88. In doing the acts herein alleged, Defendants, and each of them, acted with oppression, fraud and malice and Plaintiff is entitled to punitive damages in a sum to be established at the time of trial herein. ELEVENTH CAUSE OF ACTION (CONSPIRACY AGAINST D2, D1, D3 AND D4. 89. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 88 above, inclusive. 90. Plaintiff is informed and believes and thereon alleges that Defendants D2, D1, D3 AND D4 knowingly and willfully conspired and agreed among themselves to deceive Plaintiff into believing that for his investments Defendants would record and produce musical products which would result in financial returns to Plaintiff. 91. Plaintiff is informed and believes and thereon alleges that Defendants D2, D1, D3 AND D4 knowingly and willfully conspired and agreed among themselves to facilitate or actively participate in fraud upon Plaintiff as in the tenth cause of action alleged above, the allegations of which are incorporated herein by this reference as thought fully set forth. 92. Defendants D2, D1, D3 AND D4 knowingly and willfully did the acts and things herein alleged pursuant to, and in furtherance of, the conspiracy as alleged herein. 93. Defendants D2, D1, D3 AND D4 knowingly and willfully furthered the conspiracy by cooperating with, lending aid and encouragement to and adopting the acts of each and all of their co-defendants by falsely representing to Plaintiff that the funds invested by Plaintiff would be used to record and produce musical products. /// ///
TWELFTH CAUSE OF ACTION (CONSPIRACY AGAINST D4 AND D3. 94. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 93 above, inclusive. 95. Plaintiff is informed and believes and thereon alleges that Defendants D4 and D3 knowingly and willfully conspired and agreed among themselves to deceive Plaintiff into believing that for his investments Defendants would record and produce musical products that would result in financial returns to Plaintiff. 96. Plaintiff is informed and believes and thereon alleges that Defendants D4 and D3 knowingly and willfully conspired and agreed among themselves to facilitate or actively participate in fraud upon Plaintiff as in the tenth cause of action alleged above, the allegations of which are incorporated herein by this reference as thought fully set forth. 97. Defendants D4 and D3 knowingly and willfully did the Defendants D4 and D3 knowingly and willfully did the acts and things herein alleged pursuant to, and in furtherance of, the conspiracy as alleged herein. 98. Defendants D4 and D3 knowingly and willfully furthered the conspiracy by cooperating with, lending aid and encouragement to and adopting the acts of each and all of their co-defendants by falsely representing to Plaintiff that the funds invested by Plaintiff would be used to record and produce musical products. THIRTEENTH CAUSE OF ACTION (CONSPIRACY AGAINST D6, D4 AND D5. 99. Plaintiff hereby incorporates as though fully set forth herein, the allegations set forth in paragraphs 1 through 98 above, inclusive. 100. Plaintiff is informed and believes and thereon alleges that Defendants D6, D4 and D5 knowingly and willfully conspired and agreed among themselves to deceive Plaintiff into believing that for his work efforts and investments Plaintiff would own a 10% stake in D6.
101. Plaintiff is informed and believes and thereon alleges that Defendants D6, D4 and D5 knowingly and willfully conspired and agreed among themselves to facilitate or actively participate in fraud upon Plaintiff as in the tenth cause of action alleged above, the allegations of which are incorporated herein by this reference as thought fully set forth. 102. Defendants D6, D4 and D5 knowingly and willfully did the acts and things herein alleged pursuant to, and in furtherance of, the conspiracy as alleged herein. 103. Defendants D6, D4 and D5 knowingly and willfully furthered the conspiracy by cooperating with, lending aid and encouragement to and adopting the acts of each and all of their co-defendants by falsely representing to Plaintiff that upon Plaintiffs investment in time and money to produce a business plan and investors, Plaintiff would receive 10% ownership in D6. PRAYER FOR RELIEF WHEREFORE, plaintiff prays judgment against defendants, and each of them, as follows: 1. Damages in the sum of approximately $1,188,200.00 the exact sum to be proven at trial; 2. For interest on the sum of $1,188,200.00, the exact sum to be proven at trial, at the legal rate of ten percent (10% per annum from the dates of the breach(s. 3. For punitive damages in a sum to be established at the time of trial herein; 4. For costs of this suit herein; 5. For reasonable attorney s fees according to proof; 6. For such other and further relief as the court deems just. Dated:, 2009 [Attorney] Attorney for Plaintiff, P1