Professional Documents
Culture Documents
PERRYCARAVELI,O, Plainttff, vs. .'NO{Y KTMMEL, JOHNNY KNOXVILI,E, DAi(OTA NORTfl EIITERTAINMENT, INC., DON BARRTS. ADAI' COROIIJI, KLSC/ 97 .1,., VrCg IiAGAZTNE, IIITZ. COM. BACKHOLE PRODUCTIONS, PARAMOUNT PTCTURES UTUBES.CO}!, and DOES L Through 100, Inclusive, Defendants.
PERRYCARAVELI,O, Plainttff, vs. .'NO{Y KTMMEL, JOHNNY KNOXVILI,E, DAi(OTA NORTfl EIITERTAINMENT, INC., DON BARRTS. ADAI' COROIIJI, KLSC/ 97 .1,., VrCg IiAGAZTNE, IIITZ. COM. BACKHOLE PRODUCTIONS, PARAMOUNT PTCTURES UTUBES.CO}!, and DOES L Through 100, Inclusive, Defendants.
PERRYCARAVELI,O, Plainttff, vs. .'NO{Y KTMMEL, JOHNNY KNOXVILI,E, DAi(OTA NORTfl EIITERTAINMENT, INC., DON BARRTS. ADAI' COROIIJI, KLSC/ 97 .1,., VrCg IiAGAZTNE, IIITZ. COM. BACKHOLE PRODUCTIONS, PARAMOUNT PTCTURES UTUBES.CO}!, and DOES L Through 100, Inclusive, Defendants.
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DANTEL D. DYDZAI(, ESQ. BAR NO. 121857 tAW OFFICES OF DA}IIEL D. DYDZAK BLVD., surrE 84? 5?8 WASHTNGTON MARTNA DEL REY, EA 90292 TELEPTTONE:(310) Afi-L289 FACSIMILE: (310) 827-4756 Atborne ys E"or Plaintiff VEL],O PERRY CARA
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trMlaeotrp
?939 No' ce'sE BC37
CO!{PI,AINT FOR DAITAGES 1. ACCOUNTING 2. DECI,ARATORY REI,IEF 3. COI'{MONCOIINT (UN.IUST ENRICHMENT) 4. FRAUD 5. NEGLIGENCE
SUPERIOR COURTOF THE STATE OF CALIFORNIA FAR THE COUNTYOF LOS AI{GEIES
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Itl
vs.
.'NO{Y KTMMEL, JOHNNY KNOXVILI,E, DAi(OTA NORTfl EIITERTAINMENT, INC., DON BARRTS. ADAI' COROIIJI, KLSC/ 97 .1,., VrCg IiAGAZTNE, IIITZ.COM. BACKHOLE PRODUCTIONS, PARAMOUNT PTCTURES UTUBES.CO}!, and DOES L Through 100, Inclusive, Defendants.
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PARRYCARAVELLO, an indivldual,
and
PRELIMINARY AIJLEGATTONS 1. eln tate Plaintiff, mentloned of 2. pERRy CARAVELLO, 1s, was a resldent of and at
the County
PI.AIHTTFI.'
S AOUPI'AI,NT
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tt
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unc
that
KNOXVILLE' DON BARRIS and Defendant,s, .lfMHY KIMHEL. ,JOHNNY times hereln mentioned were,
residents of the County of Los Angeles, State of (blifornla. 3. Plaintlff Is lnformed and believes, and thereon allegea, and
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corporations
located and doi.ng business {n the County of, Los Ange}es, State o f California.
4. Pf,aintiff of Defendants therefore Plalntiff true !s ignorant of the true nanea and capacities 100, Lnclusive, name6. all.ege Eheir and
sued herein
as DOES1 through
sues said
Defendants
1r
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lnforned
alleges,
each of the
fictitiously
Plaintiff's
damages herein
wete proxlmately
caused by their
conduct.
6.
PlaLnt,iff
lnfornratlon
and beLief
mentioned each of the Defendants was the agent, employee of each of the remalnlnq Defendants' acts hereinafter
scope of
such agency,
and emplolltent'
sion and consent of eactr of the other Defendants. 1. on or about December 2, 2002, and continuing
about INC.
to on or
a eritten
-2PTAIUTIFY g COUFIATNT
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t,tdItst
tooa
Io
unc
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lnter profits,
monles, his
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by reference herein. 8. Plaintif,f filing of this has wlthin the last two years from the date of on or about February of
Complaint,
Despite recently
he would be provided wlth an accountj-ng, and accounting have been provided of Exhlbit to "A-.
pursuant to the terns and conditions is informed and believes. and at all
9. Plalntlff that
Defendant .IIMMYKIMMELis,
President
authorized nonies,
for,DVD royalities
z1 pursuant
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as hereinbefore
alleged
l0.Defendant
Plalntiff
in
or about
LncJ-udlng on
would recelve
yaltles,
proflts
g' d
f . ld lt +
Looe Io unc
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15.
As well,
plaintiff,
was physlcally
Defendant BARRTS and had his upper body and neck hit, substantial injurj,es as a resuLt thereof, shortly
sustaining
before his
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(lcllilst 16. Plaintiff set forth Complaint. 1,6. Plaintlff herej.n, refers
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alleges,
that,
wrongful
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and, ln partlcular,
failing
Defendants, and each of them, have placed lnto accounts, and coJlected, hereto,
and received,
certaln
penslon benefit,e, monies, proceeds, assets, eguity rsonal, real, and inchoate,
uhich are owned by, belong to, in part or whole, the exact
be ascertalned without an
rightfully
nature
owed to Plalntiff,
which cannot
accounting
PIAIIIIIFE'
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unc
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L7. Februaryt
on several
occasions,
in or about
2007, Plaintlff
them, account for the aforementloned fundg, benefits, proceeds, assets, eguity and property,
to be due to P laintiff. 18. The Defendants, and each of then, and contrnue to fair Plaintiff and refuse, failed and refused, and pay
to render an accountlng
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sEcorD ciltgE oF.tctrqf DE,CIARJIIORIRIII.IEtr (ecrnflsT 19. Plaintiff realleges, e[l. DEElrtD]rrtF[s) by
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reference
hereln,
as though fully
paragraphs
them, dispute,
that
Plaintiff
funds, as herelnbefore
from the date said nonies and funds should provided, handed over and
have, in fact
g' d
Adzt3,
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disbursed by the Defendants and each of them. Plaintiff contends that he is owed ten mil.lion deslres a judiciaL dollars,
further
22. Plaintiff
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determlnation
part,y's
rights
and dutles
can recover any and all, monies and funds legal lnterest thereon, as hereln
plus approprlate
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.IIEIRD CIBSI OF NCEIGI (co|lDr (eGAIrgI 23. Plaintiff reference herein, realleges, counIl
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as though fully
Paragraphs 1
nronies taken and conEractual obllgatlons a IIeged. 25. Zero (0) dollars
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ins due, owlng and u n p a id t h e s u rn o f $ 1 0 r5 0 0 r0 0 0 . 0 0 . 26. Although demand has been rnade upon the Defendants,
each of them, for the balance to fall
PLAItttIEE.
and
due,
said
Defendants to
and refuse
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pay said
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AAer.,
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1
to PlalntLtt'
unJust
ot estrcf
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realleges,
of the
Complaint. 28. present,' Plaintlff BeginninE on or about 2004t and continuing Defendants farsely that and fraudulentry for to the to
incident
and revenue. as
These representations
alleged 30.
in reliance Plaintiff,
at the time of the aforesaid took the actions of the facts rf plalntiff which had
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of the
disclosed
by said ln the
Pralntiff
have agreed
have acted
hereinbefore
-8Il COUPIAINT
t'd
ua?t
ab l .nnz
r n un. .
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6
1
that
collected
monies,
products,
Plaintiff'
s nane, and otherwise converting the latterrs perm5,ssion or consenL. pronised involved
rikeness lrithout
Defendants DAKOTA and JrMMy KTMMEIfurther that Plaintiff would be slginlficantry fitn
and represented
Heat, a cult
were false
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Defendant DoN BARRTS has wrongfully income fronr selling name and likeness,
products,
misappropriating L4.
appeared on
release of the DVD sales of Wlndy Clty Heat. plaintlff promised by Defendant JoHNNy KNO)ffrLLE that paid 10 million Plaintiff doLl.ars tf
1e
agreed to do so, and, nuch t,o hig emotional and to his physicar riteralry harnr, was severely inJured when proxlmate for
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thereofr
lncldent
and circulat,ed
hing to prevent
tudio, consent. and actuarly
-tPT,AIII?IFFV S C(IIPI.ATNT
g' d
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In
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31.
The aforementioned. conducE of Defendants was mlsrepreseDtatLon, or facts decelt or concealment, of a the
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Such despicable
to a cruel and unJust hardship in congcrous dlsregard rights, damages. so as to Justlfy an anard of exemplary
of Plalntiff's
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and punitive
Plaintiff
herein,
the Complaint. 33. enotional Plaintlff suffered several personal direct inJuries and of, the alleged
traurna as a proxtmate,
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is
therefore
entitled
to
recover
damages, to
as well
as loet
earnings,
according
-9PI,AINTIFT'S @UPI"AINT
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oN FIRST CAUSEOr ACTTOT! L. For an accounting; 2. For the palrnent of any suns found due, according proof; 3. For legal lnterest thereon f,rom the date such gums were to
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l{
due, according
5. For such other and further proper in the premises. o4_qEcoNp cA0gE_q.E .$crloN 1. For a judicial duties; 2. For a determination For costs of suit
d e t e rmin a t lo n o f p ra ln t lf f ' s
rig h t s
and
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3.
interest
thereon,
relief
as the court
deems
ol'd
udzbai .
t.nnz
Tn un.
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1. For general. damages, accordtng to proof; 2. For punitive damages, accordlng to proof; incurred hereini relief and as the Court may deeut
and further
proper in the premlses. oN FrFTH CAUSEOq ACTION 1. 2. 3. 4. For general and special darnages, according to proof;
For medical expenses and specials, For costs of suit lncurred herein; reltef
May 5, 2007
gl . v f l ! -g s v-
Attorney
For Plai
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-11s mlrpr.ernr
PraINtIrF,
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