`ESTTA436837
`ESTTA Tracking number:
`10/19/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92052230
`Plaintiff
`David Pack
`WILLIAM G MEYER III
`DWYER SCHRAFF MEYER GRANT & GREEN
`900 FORT STREET MALL, STE 1800
`HONOLULU, HI 96813
`UNITED STATES
`wmeyer@dwyerlaw.com
`Testimony For Plaintiff
`William G. Meyer, III
`wmeyer@dwyerlaw.com
`/William G. Meyer, III/
`10/19/2011
`Exhibits to Declaration of Petitioner David Pack (58-60)(Part 9 of 12).pdf ( 24
`pages )(1161732 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`
`
`
`David Pack v. Ambrosia Touring Band, Cancellation No. 92052230
`
`Petitioner’s Exhibits to Declaration of Petitioner David Pack
`
`EXHIBIT 58
`
`..wMWw.V.W‘mw.m.»»mmmwmwmm»»mmwat««..wmwmwm»w«»»»wwnm»wemy«Wmmuzmsreammusxmamcmxaxm7ssxaswisxmxmwzxmxze&»wm\wwx%%%%3%t®WmW:*§R§3§&$%&>k%?>R?mkik§&?W%?MA?%>Ea%?§
`
`
`
`
`
`
`
`«A0»»m»w.t»»t\wmv.«w<»mraavmwmm»mWmm»m:mmm»nnvamaaawmaxmataxwmmx
`
`ROBERT W. BECK, ESQ. State Bar No. 64885
`NICHOLAS BROWNING III State Bar No. 65334
`LAW OFFICES OF BECK & BROWNING
`3828 Carson Street, Suite 100
`Torrance, California 90503-6710
`(310) 316-4332/Fax (310) 316-0324
`
`Attorneys for Plaintiff, DAVID PACK
`
`
`
`I’ COPY
`
`CONN)
`.
`1 0,»; (,,,E,‘::,IA€3 COPY
`L05 4”: ' Q‘
`~ AILI-7-‘D
`~gU[I63l'lug* (four:
`AUG1 52003
`J05" A. Cl;u'l<c. Excmztivc Ol'l':'cer/
`
`CW‘
`
`B I
`‘
`.
`V W Hnrrm. Bepmy
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`FOR THE COUNTY OF LOS ANGELES, SOUTH WEST DISTRICT
`825 Maple Avenue, Torrance, California 90503
`
`DAVID PACK, individually and as General
`Partner of AMBROSIA, a California General
`Partnership,
`
`vs.
`
`Plaintiff,
`
`€\./\./€\./Q/K./€§/\./Q/Q/\/€
`
`BURLEIGH DRUMMOND, JOE PUERTA,
`RICHARD REES, EARTHTONE MUSIC and
`DOES 1-100, Inclusive,
`
`Defendants.
`
`CASE NO.: YCII-17293
`
`COMPLAINT FOR PARTNERSHIP
`ACCOUNTING AND PROFITS;
`BREACH OF PARTNERSHIP
`OPPORTUNITY; (CALIFORNIA
`CORPORATIONS CODE §§ l 6404,
`16405); AND FOR TEMPORARY
`RESTRAINING ORDER;
`PRELIMINARY ANT) PERMANENT
`INJUNCTION AND DAMAGES
`
`Plaintiff, DAVID PACK, (hereinafter "P1aintiff") alleges as follows:
`
`1. Plaintiff is, and at all times herein mentioned is an individual residing in the County of
`
`Los Angeles, State of California and was and is a general partner of the California General
`
`Partnership known as AMBROSIA.
`
`2. Defendant, BURLEIGI-I DRUMMOND is an individual residing in the County of Los
`
`Angeles, State of California and is a co-general partner of the California general partnership
`
`AMBROSIA.
`
`3. Defendant, JOE PUERTA, is an individual residing in the State of Wisconsin and is a
`
`general partner of the California general partnership known as AMBRO SIA.
`
`I\Jl\)l\>l\)bJl\J
`§‘:;’o\u.4>t»~—-
`
`l
`COMPLAINT FOR PARTNERSHIP ACCOUNTING AND PROFITS; BREACH OF 7
`PARTNERSHIP OPPORTUNITIES
`at
`I
`
`
`
`C:\MyFileu\CI..IEN'l\PACK\Amb:min\Ple1dinp\COMPLADfl'i02.wpd
`
`A00399
`
`
`
`
`
`xxwaxeawasw««aamanm.<«ttasa«t<tsaaaz:ms;miennmniwumnmtmmnzuawmamwnumautmmtusttttisaétk
`
`»~ww.»wma»»mmawtwsrummumniz<4
`
`
`
`
`
`FJ
`
`U)
`
`LII
`
`\O
`
`>—- C
`
`.._a
`
`._.a
`
`G‘-OOO\lO\LII&LA)l\J
`[\)>—->—->—-o--«->-4>—-r-—->—-
`I\)l\.)I\JI\JI\Jl\.)l\)l\)O0\)O\£II-{>0-’l\)’—‘
`
`4. Defendant, RICHARD REES and EARTHTONE MUSIC are the booking agents fw-
`
`Defendants DRUMMOND and PUERTA who are promoting these Defendants as the group
`AMBROSIA.
`
`5. Plaintiffand Defendants DRUMMOND and PUERTA entered into a written partnership
`
`agreement for the purpose ofcarrying on a business ofrecord production and live performance under
`
`the name AMBROSIA. The principal place ofpartnership was located in the City of Sherman oaks,
`
`County of Los Angeles, State of California. The partnership under the name conducted the
`
`aforementioned business from its initial inception in 1971. Said partnership has not been dissolved:
`
`6. Since December of 2000, Defendants DRUMMOND and PUERTA continue to carry on
`
`the partnership business, however, there has beenno settlement of accounts between Plaintiff and
`
`Defendants.
`
`7. Defendants DRUMMOND and PUERTA are in possession of partnership books, assets,
`
`and accounts of the continuing business.
`
`8. Plaintiff’s entitlement to profits from the operation of the continued operation of the
`
`partnership including the use ofthe partnership asset name AMBROSIA is unknown to Plaintiff and
`
`cannot be ascertained without an accounting of profits and losses that occurred since December of
`
`2000. The amount of profits of the continuing business that are attributable to Plaintiff is also
`
`unknown to Plaintiff and cannot be determined without an accounting ofthe continuing business by
`
`Defendants.
`
`FIRST CAUSE OF ACTION
`
`FOR ACCOUNTING
`
`§AGAINST ALL DEFENDANTS DRUMMOND AND PUERTA
`
`AND DOES l-50 INCLUSIVE)
`
`9. Plaintiffrealleges and incorporates by way ofreference paragraphs l through 8, inclusive,
`
`as though set forth in full at this place.
`
`10. Despite demands by Plaintiff to Defendants, Defendants have failed to render an
`
`accounting with the partnership business and the use of the partnership asset name AMBROSIA,
`
`COMPLAINT FOR PARTNERSHIP ACCOUNTING AND PROFITS; BREACH OF
`PARTNERSHIP OPPORTUNITIES
`C'\MyFilu\CLIE3'l\PACK\AmbmIiA\PIudinp\COMPLA1NTfi2.wpd
`
`A0040O
`
`2
`
`
`
`W4wmwmwmmmmmswmlswsvzmxmmsmmrssatmwmwwmamswmwmwxoamamumszrezrznxvznaemmuassszwrzututsturmusbtstuunasswtem%»u\nx®3&e®iA t$$t%\§
`
`
`
`*1
`
`ts)
`
`
`
`(Q
`
`U!
`
`O0\JO\
`
`\O
`
`>—- O
`
`r-—Ab—lb—lb—Ib—l——-v—-I
`
`X‘\lO\Lh%UJI\)
`
`>a \O
`
`from December 2001 to the present.
`
`11. Plaintiff is informed and believes and based upon such information and belief alleges
`that Defendants and each of them have appropriated the assets of the partnership AMBROSIA by
`
`use of the name AMBROSIA and its publicly promoted themselves as AMBROSIA, in Varigus
`
`media including recording and live performances across the United States.
`
`12. Plaintiff is entitled to an accounting of the profits earned by the appropriation of the
`
`partnership asset AMBROSIA from Defendants and each of them.
`13.
`Plaintiff,
`therefore, requests an Order Compelling the Defendants to render an
`
`accounting of the partnership business from December of 2000 to the present and an accounting to
`
`continue business from that date.
`
`SECOND CAUSE OF ACTION
`
`FOR MISAPPROPRIATION OF PARTNERSHIP ASSETS
`
`(AS TO DEFENDANTS PUERTA AND DRUMMOND AND DOES l-50 INCLUSIVE)
`
`14. Plaintiff realleges and incorporates by way of reference paragraphs 1 through 13,
`
`inclusive, as though set forth in full at this place.
`
`15. The substantial asset of the partnership AMBROSIA is the name AMBROSIA. The
`
`partnership has, substantially due to the efforts of Plaintiff, DAVID PACK, has written, produced,
`
`recorded and performed numerous songs and has obtained a secondary meaning in the industry as
`
`a well known group.
`
`16.
`
`In or around December of 2000, Defendants DRUMMOND and PUERTA started to
`
`promote themselves as AMBROSIA to the exclusion ofDAVID PACK. They booked performances
`
`for themselves at various locations throughout the United States generating revenue and profits from
`
`that operation. DAVID PACK did not participate in those performances by his own choice, but also
`
`objected and continues to object to the use of that name AMBROSIA for promotion of this "new
`
`group", the DRUMMOND PUERTA band.
`
`17. Since December of 2000, DRUMMOND and PUERTA have promoted themselves as
`
`AMBROSIA to the exclusion of DAVID PACK and have advertised themselves as the group
`
`COMPLAINT FOR PARTNERSHIP ACCOUNTING AND PROFITS; BREACH OF
`PARTNERSHIP OPPORTUNITIES
`C \MyFlIes\CLlEN'I\PACIG.Ambmsin\Pludinp\COMPLA£N'N2.wpd
`
`A0n401
`
`3
`
`
`
`
`
`e.
`
`
`
`AMBROSIA representing to the public and promoters and various locations and businesses, that
`
`AMBROSIA is the performing group but never stating that DAVID PACK is not associated
`
`therewith.
`
`i
`
`18.
`
`PACK,
`
`learning of this violation of the partnership opportunity and use by
`
`DRUMMOND and PUERTA of the name AMBROSIA and their promotional literature and
`
`performances, contacted various facilities known to have contracted with DRUMIVIOND and
`
`PUERTA for the band to appear for live performances for compensation.
`
`19. Defendants and each of them breached their fiduciary duty to the partnership and to
`
`PACK by failure to account for the partnership, property, profit or benefit derived by them in a
`
`conduct of the partnership business and/or derived from the use by them of partnership property
`
`including the appropriation of partnership opportunity.
`
`\O
`
`r—-I G
`
`#4
`
`p_.a
`
`20. Defendants continue promotion of themselves as AMBROSIA, has caused damage to
`
`
`
`
`
`wwwwwwwww—->—-—->—-oo\l0\Ux.J>bJI\.J>—-O\Pc_:i'o—‘o\l3;;-5>-L~Jt\-J
`
`Plaintiff in an amount as yet determined, but in excess of $25,000.00.
`
`21. Plaintiff therefore requests that damages be awarded as and against DRUMIVIOND and
`
`PUERTA for violation of the partnership opportunity and their fiduciary duties to the partnership.
`
`THIRD CAUSE OF ACTION
`
`FOR TEMPORARY RESTRAINING ORDER/PRELIMINARY INJUNCTION
`
`(AGAINST ALL DEFENDANTS)
`
`22. Plaintiff realleges and incorporates by way of reference paragraphs 1 through 21,
`
`inclusive, as though set forth in full at this place.
`
`23. Beginning on or about December 2000 and continuing to the present, defendants and
`
`each ofthem, wrongfully and unlawfully misappropriated the band name, Ambrosia, misrepresenting
`
`to the public that it is participating with the band and has injured his reputation in the music industry.
`
`24. Plaintiff has demanded that defendants stop their wrongful conduct described above.
`
`Defendants, and each of them, have refused and still refuse to refrain from their conduct.
`
`25. Defendants’ wrongful conduct, unless and until enjoined and restrained by order of this
`
`court, will cause great and irreparable injury to plaintiff as it will , if continued, cause plaintiff injury
`
`COMPLAINT FOR PARTNERSHIP ACCOUNTING AND PROFITS; BREACH OF
`PARTNERSHIP OPPORTUNITIES
`C . \MyFilu\CLIEN'I\PACK\Ambrosiu\Pl:¢dinp\C0!VIPI.A1N'l'V1.wpd
`
`A 0 0 4 0 2
`
`4
`
`
`
`traimam>2areanannewareweitsuntanmwawmumwmanwnmnmimmmezattttattztttttaés
`WtMWw..i..awmwmmwawmmmmuwmwmmwmmmuwmxwtwmwnwymnammeewamarzansannwza
`
`
`53
`
`13
`
`
`
`to his reputation as a writer, musician and record producer.
`
`*
`
`26. Plaintiff has no adequate remedy at law for the injuries currently being suffered 01- mar
`
`will be sustained in the future and it might be impossible for Plaintiff to determine the pr-ecisg
`
`amount of damage that he will suffer if Defendants’ conduct is not restrained or Plaintiff W311 be
`
`forced to institute a multiplicity of suits to obtain adequate compensation for his injuries.]
`
`27. Plaintiff will be damaged in like manner so long as Defendants’ conduct continues. The
`
`full amount of this damage is not now known to Plaintiff, and Plaintiff will amend this Complaint
`
`to state this amount when it becomes known to him or on proof of the damages.
`
`WHEREFORE, Plaintiff prays judgment against Defendants, and each of them, as follows:
`
`1. For or order requiring Defendants to show cause, if any they have, why they should not
`
`be enjoined as set forth in this complaint, during the pendency of this action;
`
`2. For a temporary restraining order, a preliminary injunction, and a permanent injunction,
`
`all enjoining Defendants, and each of them, and their agents, servants, and employees, and all
`
`persons acting under, in concert with, or for them:
`
`a. From continuing to advertise, promote and perform as the group Ambrosia.
`
`b. To notify all future booking locations for performances that they are not the group
`
`Ambrosia and that plaintiff is not performing with this band.
`
`3. For damages a the sum as yet unascertained, plus damages in such further sums as may
`
`be sustained and as are ascertained before final judgment in this action;
`
`4. For an accounting;
`
`5. For costs of suit incurred in this action; and,
`
`6. For such other and further relief as the court may deem proper.
`
`DATED:August13,2003
`
` SOFBECK&B OWNING
`
`
`
`ROBERT W. BECK, ESQ.
`Attorney for Plaintiff, DAVID PACK
`
`COMPLAINT FOR PARTNERSHIP ACCOUNTING AND PROFITS; BREACH OF
`PARTNERSHIP OPPORTUNITIES
`C:\MyFileI\CLIEN1\PACK\AmbmIt|\Pludinp\COMP'LAINTl2.wpd
`
`A 0 0 4 0 3
`
`5
`
`.
`
`\DOO\lO'\
`
`10
`
`11
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`ww»»«»v,»w.mwmmtmmgmmumzrmamre:wewtrwaawrsanweitnaewatesmzemormm»:anstveentsutvarsatrintsssttmmttattttttrulttxttktttktmtnémt_
`
`
`
`
`
`STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
`
`VERIFICATION
`
`I have read the foregoing COMPLAINT FOR PARTNERSHIP ACCOUNTING AND
`PROFITS’ BREACH OF PARTNERSHIP OPPORTUNITIES and know its contents.
`
`DI am a party to this action. The matters stated in the foregoing document are true of my
`own knowledge except as to those matters which are stated on information and belief, and as to those
`matters I believe them to be true.
`
`
`
`a party to this action, and am authorized
`D I am an officer/partner of
`to make this verification for and on its behalf, and I make this verification for that reason.
`I 3.131
`informed and believe and on that ground allege that the matters stated in the foregoing document
`are true. The matters stated in the foregoing document are true of my own knowledge except as to
`those matters which are stated on information and belief, and as to those matters I believe them to
`be true.
`
`‘El am one of the attorneys for DAVID PACK, a party to this action. Such party is absent
`from the county of aforesaid where such attorneys have their offices, and I make this verification for
`and on behalf of that party for that reason. I am informed and believe and on that ground allege that
`the matters stated in the foregoing document are true.
`
`Executed on August 13, 2003, at Torrance, California.
`
`I declare under penalty of perjury under the laws ofthe State of California that the foregoing
`is true and correct.
`
`Robert W. Beck, Esq.
`
`Type or Print Name
`
`]
`
`Signature
`
`w&_.
`
`A00404
`
`
`
`YA:W‘eaRmiMtéix»).\L%xtsiY(éat7X-zXR$<<w)&tukx>2:w«t>K&w\“«£9§&\»i»K?1m‘wh\¥>§iV»$<<§‘tx
`
`
`
` ATTORNEY OR PARTY WITHOUT ATTORNEY Warm. state our number, and address):
`FOR COURT USE ONLY
`Robert w. Beck, Esq. (SBN 64835)
`r—-— Law Offices of Beck 8. Browning
`3828 Carson St., Suite 100, Torrance. CA 90503
`TELEPHONE ~o..- 310/316-4332
`FAX NO.: 310/316-0324
`ATTCRNEYFOR(lVame): Plaintiff, DAVID PACK
`supealon COURT or cxusonma, comm or Los ANGELES
`smear ADDRESS: 825 Maple Avenue
`wuuno ADDRESS:
`
`CONFORMED COPY
`OF OP.l(3lN.-XL FILED
`Les .\iigcE-cs Superior Cour;
`
`AUG 1 5 2003
`
`John A. Cl-.irkc. tiixccuiivc C')i’l‘lCoi‘/Clfirk
`'
`
`{:3 Commercial (31)
`E] Resldential(32)
`CZ} Drugs (as)
`Judicial Review
`
`[:1 Asset forfeiture (05)
`[:1 Petition re: arbitration award (11)
`i:] Writ of mandate (02)
`[2 Other judicial review (39)
`
`
`
`cm mo ZIP cope; Torrance, CA 90503
`mm, NAME, SW3), west Dgsmct
`CASE NAME:
`PACK V. DRUMMOND
`
`ClVlL CASE COVER SHEET
`
` Complex Case Designation “35 ”‘”"°é“~'
`593:] Unlimited
`[:3 Limited
`(Amount
`(Amount
`[:1 C°unt°' I: Jomdar
`' ()
`demanded
`demanded is
`Filed with first appearance by defendant
`pear;
`exceeds 325.000)
`325.000 or less)
`(Cal. Rules of Court. rule 181 1)
`
`
`
`
`
`A/I fiv
`e (5) items below must be completed (see instructions on page 2).
`1. Check one box below for the case type that best describes this case:
`Auto Tort
`Contract
`[:] Au“, (22)
`E Bmach of 0°,.m.ac,/wanamy (03)
`Uninsured motorist (48)
`{:3 Collections (09)
`other PIIPD/WD (Personal ln]urylProporty
`{:3 insufancg cave.-age (13)
`Damagelwrongtul Death) Tort
`E mm, comma: (37)
`[:1 AS59310! (04)
`an; pmpg.-gy
`[:3 Product liability (24)
`[:1 Eminent domain/inverse
`[:1 Medical malpractice (45)
`condemnation (14)
`[:3 other F,‘/PD/WD (23)
`[:3 wrongful WW0" <33)
`Non-PIIPDIWD (Other) Tort
`[:3 Other real property (26)
`[:3 Business tort/unfair business practice (07)
`Unlawful Detalner
`[3 Civil rights (03)
`[:1 Defamation (13)
`[:3 Fraud (15)
`intellectual property (19)
`[3 Professional negligence (25)
`[:1 Other non-Pl/PD/WD tort (35)
`Employment
`E: Wrongful termination (36)
`D Other employment (15)
`
`
`
`
`
`
`
`
`
`
`
`
`complex under rule 1800 of the California Rules of Court. It the case is complex, mark the
`is not
`2. This case :1 is
`factors requiring exceptional judicial management:
`a. [:1 Large number of separately represented parties
`d. [:3 Large number of witnesses
`b. [3 Extensive motion practice raising difficult or novel
`e. [:3 Coordination with related actions pending in one or more courts
`issues that will be time—consuming to resolve
`in other counties, states or countries, or in a federal court
`c. C] Substantial amount of documentary evidence
`f. C] Substantial post-judgment judicial supervision
`3. Type of remedies sought (check all that apply):
`a.
`monetary
`b. [33 nonmonetary; declaratory or injunctiv relief
`4. Number of causes of action (specify): 3
`5. This case [3 is
`is not
`aclass action suit.
`Date: August 13, 2003
`
`r
`. 3
`
`r
`
`
`
`I
`
`
`
`Provlslonally complex Civil Litigation
`(cal. Rules of court. rule: 1600-1812)
`E: Antitrust/Trade regulation (03)
`[:3 Constmction detect (10)
`:3 Mass ,0“ (40)
`[3 Securities litigation (28)
`CI] Environmental rroxsc tort <30)
`insurance coverage claims arising from the
`boy listed
`gpeseofi)
`prov s one it! cornil ex case
`Enforcement of Judgment
`i:] Enforcement of judgment (20)
`Miscellaneous civil Complaint
`[:3 RICO (27)
`Other complaint (not specified above) (42)
`Miscellaneous Civil Petition
`C] Partnership and corporate governance (21)
`CZ] Other petition (riot specified above) (43)
`
`c.
`
`punitive
`
`
`
`ROBERT W. BECK, ESQ.
`TYPE 09 PRiNT NAM
` SlGNATURE OF PARTY OR ATTORNEY FOR P '
`
`
`
`NOTICE
`
`
`. Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
`
`under the Probate, Family, or Welfare and Institutions Code). (Cal. Rules of Court. rule 201.8.) Failure to file may result in
`sanctions.
`
`
`. File this cover sheet in addition to any cover sheet required by local court rule.
`
`
`. If this case is complex under rule 1800 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
`other parties to the action or proceeding.
`o Unless this is a complex case, this cover sheet will be used for statistical purposes only.
`
`
`Page 1 of 2
`Cal. Rule: of Court. min 201.8. 1800-1812:
`Judicial Council or Calilomlo
`F°"“ "“°°"‘“°'”"“"‘°'V U“
`CiV|L CASE COVER SHEET
`sanctum or Judicial Adrninictraiicfl. 5 19
`CM+‘i10(Flev. July 1, 2003)
`www.eourtln!o.cn-90V
`www.accesslew.com
`
`A00405
`
`
`
`
`
`
`
`..U
`
`SHORT TITLE:
`
`
`
`CASE
`
`MBER
`
`
`
`””
`YLil472f)'
`
`‘fi
`
`CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION
`CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION
`
`
`This form is required in all new civil case filings in the Los Angeles Superior Court
`I. Check the types of hearing and fill in the estimated length of hearing expected for this case:
`JURY TRIAL? I3 YES
`CLASS ACTlON? Dyes
`LIMITED CASE? Dyes
`TlME ESTIMATED FOR TRIAL 3 mliouas/I:]gAy5_
`ll. Select the correct district and courthouse location (4 steps - if you checked “Limited Case‘, skip to No. ill, Pg, 4);
`1 After flrst completing the Civil Case Cover Sheet Form, find the main civil case cover sheet heading for your
`case in the left margin below, and, to the right in Column 1, the Civil Case Cover Sheet case type you selected,
`2 Check 9_r;g Superior Court type of action in Column 2 below which best describes the nature of this case.
`3 in Column 3, circle the reason for the court location choice that applies to the type of action you have checked.
`
`
`
`:
`0
`
`oH
`
`I.
`2
`
`It
`
`I5
`E
`2
`‘~
`
`as
`-5
`0
`
`t
`I3
`C3
`§
`Q.
`
`E
`
`o2
`
`Ieemxxexemwmimu.t«»xzus«wa»»»:«»»»»>»»m»«emeiwm«Iw»ee»
`
`
`
`Applicable Reasons for Choosing Courthouse Location (See Column 3 below)
`Class Actions must be tiled in the County Courthouse. Central District 6. Location of prope
`or permanently garaged vehicle.
`May be tiled in Central(Other county, or no Bodily in)/Prop.Damage)
`7. Location where pet tioner resides.
`Location where cause of action arose
`8. Location wherein defendant/res ondent functions wholly.
`Location where bodily injury, death or damage occurred.
`9. Location where one or more of
`e arties reside.
`. Location where performance required or defendant resides.
`10. Location of Labor Commissioner 0 co.
`4 Fill in the information reuested on ae 4 in item ill‘ comlete item lV. Sin the certificate.
`
`
`
`.1 ..
`.2.
`.3.
`Civil Case Cover
`Type of Action
`Applicable Reasons -
`See Step 3 Above
`Sheet Category No.
`(check only one)
`
`
`
`
`I3 A7210 Medical Malpractice - Physicians} Surgeons
`Mama. Maypracuce
`I45)
`I] A7240 Other Professional Health Care Malpractice
`
`other PUPWWD (23)
`
`
`D A7250 Premises Liability (e.g.. slip and fall)
`D A7230 intentional Bodily injury/PDNVD (e.g., assault. vandalism, etc.)
`I3 A7270 intentional infliction of Emotional Distress
`
`D A7271 Negligent inillction of Emotional Distress
`I3 A7220 Other Personal injury/Property Dam./Wrongful Death
`
`Business To” (07)
`
`D A5029 Other Comrnerclallausiness Tort (not fraud/breach of contract)
`
`CW" RIQNS (08)
`
`C] A6005 Civil Rights/Discrimination
`
`.
`
`
`
`
`
`
`
`«
`
`I». 2-. 3
`
`1.. 2.. 3.
`
`1.. 2.. 3.
`
`D°'a'"a"°" (13)
`
`D A6010 Defamation (slander/libel)
`
`
`
`
`
`Fraud (16)
`
`I] A6013 Fraud (no contract)
`
`lme"ew:1ar°pe“y
`
`I] A6016 intellectual Property
`
`1.. 2.. 3.
`
`2.. 3-
`
`CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION LASC Rule 2.0
`»ClV 109 04-02
`Paget of 4
`www.accessIaw.com
`
`A00406
`
`
`
`
`
`D A7100 Motor Vehicle - Personal in ury/Property Dam./Wrongful Death
`is this an uninsured motorist case? I]Yes DNo
`
`
`
`D A6070 Asbestos Property Damage
`I] A7221 Asbestosis - Personal injury/Wrongful Death
`
`
`
`
`"'.“‘f-“!\’.—‘
`
`Auto (22)
`
`Asbestos W4)
`
`
`
`
`
`
`
`
`
`sneer nus:
`
`PACK V. DRUMMOND
`
`
`
`u
`
`o
`
`1
`Civil Case Cover
`Sheet Category No.
`
`2
`as n
`Type of Action
`(Chock only one)
`
`3
`- D
`Applicable Reason. .
`See Step 3 Ahoy.
`
`
`
`
`
`Prof. Negligence (25)
`
`
`
`.
`
`D A6017 Legal Malpractice
`
`D A6050 Other Professional Malpractice (not medical or legal)
`
`r
`W
`fui T
`ti
`“mg (agnmna on
`D A6037 Wrongiui Termination
`om E
`I
`8' mpoymen
`CI A6024 Other Employment Complaint Case
`
`(15)
`D A6109 Labor Commissioner Appeals
`
`
`
`t
`
`1» 2-» 3-
`10,
`
`
`
`
`
`to
`F
`O
`E
`Q.
`:3
`
`E
`é
`
`o 2
`
`#4
`
`E
`>-
`2
`E.
`H1
`
`.5
`g
`50
`
`3
`2A
`E‘
`c:
`
`my»)rmmm\~ww\wa»xw1tx<vAN<vxm%N.x«rmKwxwnmimiwxe:\«»vK%$:«1o»\itms\i\»KR>K-%w’lRW221)té<te&:e*x§\\K2»&\Vk:\¥ffi¢!&é\!.\<<tA\>»!«\\X*i%¥)R&\’/A‘?«‘é«i\ih§Wk
`
`awash 0, contract,
`D A6004 Breach of Rental/Lease Contract (not UD or wrongful eviction)
`w?g63)'“y
`D A6008 Contract/Warranty Breach -Seller Plaintiff(no iraud/negligence)
`(not insurance)
`D A6019 Negligent Breach of Contract/Warranty (no fraud)
`
`
`Other Breach oi Contractlwarranty (not fraud or negligence)
`
`
`
`
`
`
`
`
`corrections
`(09)
`
`Collections Case-Seller Plaintiff
`Other Promissory Note/Collections Case
`
`
`
`
`
`
`
`ON, Comm!
`(37)
`
`
`
`C] A6009 Contractural Fraud
`D A6031 Tortious interference
`
`D A6027 Other Contract Dispute(not breach/insurance/fraud/negligence)
`
`d.
`
`E
`
`t
`
`mli
`
`.
`
`mn D°(14?v CO”
`W
`ful E lcti
`mng(33)v
`on
`
`
`
`Owe, Rea, Pmpeny
`(25)
`
`C] A7300 Eminent Domain/CondemnationNumberoiparcels_____
`.
`D A6023 Wrongful Eviction Case
`
`g D A6018 Mortgage Foreclosure
`E] A6032 Quiet Title
`CI A6060 Other Real Property(not em. domain. landlord/tenant, foreclosure)
`
`
`
`2 6
`
`
`
`
`
`
`
`
`
`
`
`i wf I
`‘
`U€;nr#a,g;t,a(';1e)r
`
`-
`
`D A6021 Unlawful Detalner—Cornmercial (notdrugs or wrongful eviction)
`
`Unlawful Detainer-
`Resmenfla, (32)
`
`_
`_
`C] A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)
`
`
`
`
`
`
`
`
`
` JudicialReviewUniawfulDetainer
`
`
`
`
`Uniawfui Detainer-
`
`D,ugs(38)
`
`A
`
`tF rf
`
`itu
`
`05
`
`)
`
`C] A6022 UnlawfuiDetainer-Drugs
`U A6108 Asse*F°"°**U'°Cas° E
`
`
`
`Petition re Arbitration
`
`C] A6115 Petition to Compeilconflrm Arbitration
`Award (1 1)
`
`
`
`
`CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION LASC Rule 2.0
`CIV 109 04-02
`Page 2 of 4
`
`A0040?
`
`
`
`€
`
`
`
`
`
`
`
`
`:3
`
`smear rm.s:
`
`.1 .
`Civil Case Cover
`Sheet Category No.
`
`Writ of Mandate
`
`PACK V. DRUMMOND
`
`.2.
`Type of Action
`(Check onty one)
`
`.3.
`Applicable Reaseng .
`See Step 3 Ahoy.
`
`Q A6151 Writ - Administrative Mandamus
`
`D A6152 Writ - Mandamus on Limited Court Case Matter
`
`(02)
`
`D A6153 Writ - Other Limited Court Case Review
`
`'
`.12
`.
`0"‘ M °"'°“’(39’
`
`'
`UT
`Anmms (ogde Reg
`
`.
`
`C°"s"”(°§i§;‘ D°'°°’
`C!
`'
`I
`I
`I
`M
`a'msT:‘:t°(:3)g as:
`
`C] A6150 Other Writ/Judicial Review
`
`D A6003 Antitrust/Trade Regulation
`
`CI A6007 Construction 66166:
`
`D A6006 Clalmelnvolving Mass Tort
`
`~
`
`»
`
`-
`
`~. 2.. 3-
`
`1.. 2.8-
`
`Ins Covrage Ctme
`from Complex Case
`(41)
`
`En,O,cemem
`°f J”d9'“°"‘
`(20)
`
`D A6141 Sister State Judgment
`3 A6160 Abstract of Judgment
`3 A6107 Confession of Judgment (non-domestic relations)
`3 A6140 Administrative Agency Award (not unpaid taxes)
`:1 A6114 PetitionlCertIflcate for Entry of Judgment on Unpaid Tax
`3 A6112 Other Enforcement of Judgment Case
`
`RICO (27)
`
`3 A8033 Racketeering (RICO) Case
`
`1.. 2-. 8-
`
`(Ngggggzzdpfggtje)
`42
`
`)
`(
`PG‘3§”°’5hWC°'P-
`
`vernance(21)
`
`Omar Pam“
`(Not Specified Above)
`(43)
`
`3 A6030 Declaratory Relief Only
`:1 A6040 lnjunctlve Relief Only (not domestic/harassment)
`3 A6011 Othercommercial Complaint Case (non-tortfnon-complex)
`D A6000 Other Civil Complaint (non«tortlnon-complex)
`3 A6113 Partnership and Corporate Governance Case
`3 A6121 Civil Harassment
`3 A6123 Workplace Harassment
`1
`CI A6 24 Elder/Dependent Adult Abuse Case
`[3 A6190 Election Contest
`D A6110 Petition for Change of Name
`D A5170 Petition for Relief from Late Claim Law
`
`I] A6100 Other Civil Petition
`
`.
`
`CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION LASC Rule 2.0
`CIV 109 04-02
`Page 3 of 4
`
`A00408
`
`
`
`
`
`ewcmwvnmwxwmzmw»N>m»m»>>a\)\>\lm<<xs\\£&t{\i*é«t?¢\®ft<(<k'(%X>¥>\mmtwmerwmwewevewmwmwmxfimmwewwewammezmwtmemwize
`
`
`
`
`
`...,JudicialReview(Contd.)
`
`ProvisionallyComplexLitig.
`
`EnforcementofJudgment
`
`E1:.
`
`8
`5:
`_
`
`0 §
`
`23
`
`E
`.
`3
`0
`5%
`
`
`
`
`
`
`
`
`
`\~.ma»m»tw:«»es:»
`
`
`
`0
`
`SHORT TlTLE:
`
`
`
`PACK V. DRUMMOND
`
`.4.
`ill. Statement of Location: Enter the address of the accident, party residence or place of business, performance. or other
`circumstance indicated in No. II., item 3 on Pae 1 as the roar reason for filin in the court location ou Selected_
`
`
`REASON: CHECK THE NUMBER UNDER lTEM -3- WHlCl~l APPUES IN THlS CASE
`ADDRESS:
`
`Di.D2.E]3.EJ4.R]5.Ds.C]7.iZia.iZi9.D1o.
`ClTY:
`STATE:
`ZIP CODE:
`
`Manhattan Beach
`
`CA
`
`
`
`
`
`
`
`
`
`
`3 0 1 9A Bayview
`
`90266
`
`lV. Certificate/Declaration of Assignment: The undersigned hereby certifies and declares that the above entitled matter is
`properly filed for assignment to the
`courthouse i
`South West
`District of the
`Los Angeles Superior Court under Section 392 et seq., Code of Civil Pr - ~
`Rule 2(b). (c) and (d) of this court for
`the reason checked above.
`I declare under penalty of perjury under .
`a State of California that the foregoing
`is true and correct and this declaration was executed on
`at,
`Toifanca
`California.
`
`
`
`Robert W: Beck, Esg.
`New Civil Case Filing Instructions
`This addendum form is required so that the court can assign your case to the correct courthouse location in the
`proper district for filing and hearing.
`it satisfies the requirement for a certificate as to reasons for authorizing filing in
`the courthouse location, as set forth in Los Angeles Superior Court Local Rule 2.0.
`it must be completed and
`submitted to the court along with the Civil Case Cover Sheet and the original Complaint or Petition in ALL civil cases
`filed in any district (including the Central District) of the Los Angeles County Superior Court. Copies of the cover
`sheet and this addendum must be served along with the summons and complaint, or other initiating pleading in the
`case.
`
`PLEASE HAVE THE FOLLOWING DOCUMENTS COMPLETED AND READY TO BE FlLED IN ORDER TO
`PROPERLY COMMENCE YOUR NEW COURT CASE:
`
`1. Original Complaint or Petition.
`
`2. if filing a Complaint, a completed Summons form for issuance by the Clerk (Summons forms available at the
`Forms Counter.).
`
`3. Civil Case Cover Sheet form required by California Rule of Court 982.2(b)(1), completely filled out (Cover Sheet
`forms available at the Forms Counter).
`
`4. This "Addendum to Civil Case Cover Sheet“ form [Superior Court Form Number 982.2(b)(1)A, revised 7/99].
`completely filled out (item ll. does not apply in limited civil cases) and submitted with the Civil Case Cover Sheet.‘
`
`5. Payment in full of the filing fee (unless filing on behalf of state or local government or no fee is due for the type
`of case being filed) or an Order of the Court waiving payment of filing fees in forma pauperis (fee waiver
`application forms available at the Filing Window)
`
`6. in case of a plaintiff or petitioner who is a minor under 18 years of age, an Order of the Court appointing an adult
`as a guardian ad litem to act on behalf of the minor (Guardian ad Litem Application and Order forms available at
`the Forms Counter).
`
`7. Additional copies of documents presented for endorsement by the Clerk and return to you.
`" With the exception of unlimited civil cases concerning property damage, bodily injury or wrongful death occurring in
`this County, Labor Commissioner Appeals, and those types of actions required to be filed in the Central District by
`Local Court Rule 2(b), all unlimited jurisdiction civil actions may be optionally filed either in the Central District or in
`whichever other court location the rule would allow them to be filed. When a party elects to file an unlimited jurisdiction
`civil action in Central District that would also be eligible for filing in one or more of the other court locations, this form
`must still be submitted with location and assignment information completed.
`CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION LASC Rule 2.0
`ClV 109 04-0
`Page 4 of 4
`
`AO0409
`
`
`
`
`
`SUMMONS
`(CITACION JUDICIAL)
`
`NOTICE TO DEFENDANT: (Aviso a Acusado)
`BURLEIGH DRUMMOND. JOE PUERTA, RICHARD REES. EARTHTONE
`MUSIC and DOES 1-100, Inclusive
`
`YOU ARE BEING SUED BY PLAINTIFF:
`(A Ud. le esta demandando)
`DAVID PACK, individually and as General Partner of AMBROSIA, a California
`General Partnership
`
`
` You have
` Despues de que le entreguen esta cltaclon judicial usted
`this
`30 CALENDAR DAYS after
`summons is served on you to file a typewritten
`tiene un plezo do 30 DIAS CALENDARIO8 pare presenter
`response at thls court.
`
`une respuesta escrita a méquina en esta cone.
`Una cane a una ilemede telefdnica no le ofreceré
`proteccldn; su respuesta escrlta a méqulne tlene que
`cumpllr con la: formalldades legelee apropladas sl usted
`qulere que la corte escuche su case.
`
`SI usted no presenta su respuesta a tlempo, puede perder
`el caso, y la pueden quitar su salarlo, su dinero y otras
`cosasde su propledad sin avlso adiclonal par pane de la
`corte.
`
`A letter or phone call will not protect you; your
`typewritten response must be in proper legal form
`if you want the court to hear your case.
`If you do not file your response on time, you may
`lose the case. and your wages, money and
`property may be taken without further wamlng
`from the court.
`
`
`
`
`
`There are other legal requirements. You may want
`Exlsten otros requisites Iegales. Puede que usted qulera
`to call an attorney rlght away. If you do not know
`
`/lamar a un abogado inmedietamente. Si no conoce a un
`an attorney, you may call an attorney referral
`abogado, puede llamar a un servlclo do referencle do
`servlce or a legal ald office (llsted In the phone
`
`abogados o a une oflcina de ayuda legal (vea el dlrectorio
`book).
`telefénico).
`
`
`
`
`CASE NUMBER; (Nlimom del Case)
`s fthec rt’ :( Inom ray irecco de
`,
`ame and addr
`co
`es)
`
`sup ORC R; 3: CAfl g §%r§@€é5%’5g1'95:’fi
`I
`
`F‘.
`he
`.
`Beach Cities Branc
`
`117 West Torrance Blvd., Suite 100
`est Distric
`h Ca. 90277-3638
`The ame, address, and teIephonE§L9i%’e'rdo?p 8i?) I
`5 attorney, or plaintiff without an attorney, is:
`(El nombre, Ia direccién y el numero de teléfono del abogado del demandante, 0 del demandante que no tiene abogado, es)
`Robert W. Beck, Esq.,
`(310) 316—4332
`Law Offices of Beck & Browning, 3828 Carson St., Suite 100, Torrance, CA 90503
`
`
`
`
`
`Clerk, by
`(Actuario)
`
`
`
`
`, Deputy
`(De/egado)
`
`;-;.:;§; AUG 1 5 2003
`
`was A. cutaxs, CLERK
`
`
`
`1
`Form Adopted by Rule 982
`Judm‘ com.‘ 0, “Mom.
`982(a)(9) (Rev. January 1. 1984]
`
`NOTICE TO‘ THE PERSON SERVED: You are served
`1. [:1 as an individual defendant.
`2. I: as the person sued under the fictitious name of (specify):
`
`3. E: on behalf of (specify):
`
`under: [3 CCP 416.10 (corporation)
`CCP 416.20 (defunct corporation)
`CCP 416.40 (association or partnership)
`other
`4. C] by personal delivery on (date):
`
`(See reverse for Proof of Service)
`SU MMONS
`
`E] cop 416.60 (minor)
`CCP 416.70 (conservatee)
`C] CCP 416.90 (individual)
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ ChargeStill Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site