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STEVEN G. TIDRICK, SBN 224760
JOEL B. YOUNG, SBN 236662
THE TIDRICK LAW FIRlvI
2039 Shattuck Avenue, Suite 308
Berkeley, Califomia 94704
Telephone: (510) 7885100
Facsimile: (510) 291-3226
E-mail: sgt@tidricklaw.com
E-mail: jby@tidricklaw.com
FILED BY FAX
ALAMEDA COUNTY
November 21, 2012
CLERK OF
THE SUPERIOR COURT
By Denise Dalton, Deputy
CASE NUMBER
RG12657251
6 Attorneys for Individual and Representative Plaintiff
Brian Herline
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
BRIAN HERLlNE, on behalf of himself and
12 all others similarly situated,
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Plaintiffs,
COUNTY OF ALAMEDA
UNLIMITED JURISDICTION
Civil Case Number: _
CLASS ACTION COMl'LAINT
DEMAND FOR ,JURY TRIAL
15 MICAH S, "KATI" WILLIAMS, an
individual; LIVE NAnON WORLDWIDE,
16 INC., a corporation; and DOES 1-20,
17 Defendants.
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19 Individual and Representative Plaintiff Brian Herline, on behalf of himself and all
20 others similarly situated, alleges as follows:
21 NATURE OF THE CASE
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1. Comedian Micah S. "Katt" Williams was scheduled to perform a comedy show
23 at the Oakland Oracle Arena on Friday, November 16,2012. Instead, after a short series of
24 bizalTe events ollstage, in which Williams confronted a heckler, took his clothes oft: and
25 attempted to fight at least tluee audience members, the "act" abruptly ended after about 10
26 minutes. In sum, Williams failed to perform. The audience members deserve their money
27 back. Therefore, Plaintiff brings this action on behalf of himself individually and on behalf of
28 all others who paid money for a show and got nothing but Katt Williams's non-performance.
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CLASS ACTION COMPLAINT
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JURISDICTION AND VENUE
The Court has personal jurisdiction over Defendants pursuant to California
3 Code of Civil Proccdurc 410.10 bccausc thcy arc hcadquartered in California, are doing
4 business in California, have conuuitted acts or omissions in California with respect to one or
5 more causes of action arising from these acts or omissions, and/or have caused effects in
6 California with respect to one or more causes of action arising from these effects.
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3. Venue is proper in Alameda County in accordance with California Code of
8 Civil Procedure 395 and 395.5 because the contract was to be performed in this county, the
9 breach occUlTed in this county, and injury occurred in this county.
10 PARTIES
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4.
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PlaintifI Brian Herline is a resident of Modesto, California.
Defendant MICAH S. "KATT" WILLIAMS is well known as a
13 comedian, rappel', and actor. He is perhaps best known for his role as Money Mike in Friday
14 After Nexl. He is also known for his stint on Nick Cannon's MTV impl'Ov show, Wild 'n 0111,
15 for playing the .fi.ctional character Bobby Shaw on the program My Wife and K i d ~ , as well as
16 for providing thc voice for thc character "A Pimp Namcd Slickback" in The Boondocks.
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Defendant LIVE NATION WORLDWIDE, INC. is a California corporation.
The true names and capacities, whether individual, corporate, associate or
19 otherwise, of each ofthe Defendants designated herein as DOES are unknown to Plainliffat
20 this time and therefore said Defendants are sued by such fictitious names. Plaintiff will
21 amend this Complaint to show their true names and capacities when ascertained. Plaintiff is
22 infOlmed and believes and thereon alleges that each Defendant designated herein as a DOE
23 defendant is legally responsible in some manner for the events and happenings herein alleged
24 and in such manner proximately caused damages to Plaintiff as hereinafter further alleged.
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8. Plaintiff is informcd and believes and thcreon alleges that each of the
26 Defendants was acting as the agent, employee, partner, or servant of each of the remaining
27 Defendants and was acting within the course and scope of that relationship, and gave consent
28 to, ratified, and authorized the acts alleged herein to each of the remaining defendants.
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CLASS ACTION COMPLAINT
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CLASS ACTION ALLEGATIONS
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9. Plaintiff brings this Class Action pursuant to California Code of Civil
3 Procedlll'e 382 on behalf of himself and all similarly situated individuals who purchased
4 tickets for the "Katt" Williams comedy show that was scheduled to occur on Friday,
5 November 16,2012 at the Oakland Oracle Arena ("the Class"). Excluded fi'om the Class are
6 anyone employed by counsel for Plaintiff in this action, and any Judge to whom this action is
7 assigned and his or her immediate family members.
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10. The Claims herein have been brought and may properly be maintained as a
9 class action under California Code of Civil Procedure 382 because there is a well-defined
10 conununity of interest among Class members with respect to the claims asserted herein and
11 the proposed Class is ascertainable:
12 a. Numerosj.\Y: On information and belief, thousands of individuals purchased tickets for
13 the show. Thus, the number ofClass members is currently indeterminate, but is
14 certainly numerous.
15 b. Existence and predominance of common questions: Common questions of law andlor
16 fact exist as to the members of the Class and, in addition, common questions of law
17 andlor fact predominate over questions affecting only individual members of the
18 Class. The common questions include the following:
19 i. Whether Defendant "Katt" Williams's non-performance constitutes
20 a breach of contract;
21 ii. whether Defendant "Kalt" Willianls's non-performance constitutes
22 a violation of California Business & Professions Code 17200;
23 iii. whether Defendants are liable to Class members under a cause of
24 action for unjust enrichment;
25 IV. whether compensatory damages, injtmctive rclicf, and other
26 equitable remedies for Class members are warranted.
27 c. Typicality: Plaintiff's claims are typical of the claims of the Class. Plaintiff purchased
28 a ticket for the "Katt" Williams comedy show that was scheduled to occur on Friday,
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CLASS ACTION COMPLAINT
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November 16,2012. Plaintiffs claims are thereby representative of and co-extensive
2 with the claims ofthe Class.
3 d. Adequacy. Plaintiff is an adequate representative ofthe Class. His interests do not
4 conflict with the interests ofthe members of the Class he seeks to represent. Plaintiff
5 has retained counsel competent and experienced in complex class action litigation, and
6 Plaintiff intends to prosecute this action vigorously. Plaintiff and his counsel will
7 fairly and adequately protect the interests of members ofthe Class.
8 e. Superiority of Class Action: A class action is superior to other available means for the
9 fail' and efficient adjudication of this controversy. Individual joinder of all Class
10 members is not practicable. The injmy suffered by each member of the Class, while
II meaningful on an individual basis, is not of such magnitude as to make the prosecution
12 of individual actions against Defendant economically feasible. Individualized litigation
13 increases the delay and expense to all parties and the court system presented by the
14 legal and faculal issues of the case. By contrast, the class action device presents far
15 fewer management difficulties and provides the benefits of single adjudication,
16 economies of scale, and comprehensive supervision by a single court.
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In the alternative, the Class may be certified because:
a. the prosecution of separate actions by the individual members ofthe Class
would create a risk of inconsistent or varying adjudication with respect to
individual members of the Class that would establish incompatible
standards of conduct for Defendant; and
b. Defendant has acted and/or refused to act on grounds generally applicable
to the Class, thereby making appropriate final and injunctive relief with
respect to members of the Class as a whole.
FIRST CLAIM FOR RELIEF
Breach of Contract
(Against All Defendants)
Plaintiff incorporates by reference the paragraphs listed above.
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CLASS ACTION COMPlAINT
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13. Defendants contracted to provide a comedy show at the Oakland Oracle Arena
2 on Friday, November 16, 2012.
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14. Plaintiff and Class members purchased tickets for the above-referenced
4 performance.
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Defendants failed to pelform as promised.
PlaintiITand Class members were damaged insofar as they spent money on
7 tickets, for transpOliation, and parking, and received nothing of value.
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17. Plaintiff, on behalf of himself and the Class, requests relief as hereinafter
9 pl'Ovided.
10 SECOND CLAIM FOR RELIEF
11 Unjust Enrichment
12 (Against All Defendants)
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Plaintiff incorporates by reference all paragraphs above as iffully set forth
Defendants received a benefit from Plaintiff and Class members in the form of
16 the monies paid for ticket purchases.
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Defendants' retention of the above-referenced benefils is unjusl.
Plaintiff, on behalf of himself and the Class, requests relief as hereinafter
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20 THIRD CAUSE OF ACTION
21 Violation of California's Unfair Competition Law, Bus. & Prof. Code 17200 et seq.
22 (Against All Defendants)
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Plaintiff incorporates by reference all paragraphs above as if fully set fOlih
Plaintiff brings this claim on behalf of himself and all others similarly situated
26 in his representative capacity as a private attorney general against Defendants and Does I
27 tlu'ough 20, for their unlawful and/or unfair business acts and/or practices pursuant to
28 California Business & Professions Code 17200, et seq. ("DCL") which prohibits all
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CLASS ACTION COMPLAINT
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unlawful and/or unfair business acts/or practices.
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24. Plaintiff asserts these claims as he is representative ofan aggrieved group and
3 as a private attorney general on behalf of the General Public and other persons who have been
4 exposed to Defendant's unlawful and/or unfair acts and/or practices and should be reimbursed
5 under the restitutionaly remedy provided by the UCL.
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25. Defendants committed acts of unfair competition, as defined by the DCL, by
7 engaging in the acts and practices described herein, and therefore are in violation ofthe DCL.
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26. As a result oftheir unlawful and/or unfair acts, Defendants have reaped \lI1fair
9 benefits and illegal profits at the expense of Plaintiff and Class members. Defendants should
10 provide restitntion by rcstoring to Plaintiff and the other Class members to their original
II positions.
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27. The acts and practices alleged in the pl'eceding paragraphs occul'red in
13 cOTmection with Defendants' conduct oftrade and commerce in California.
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28. As a direct and proximate result of the aforementioned acts, Defendants, and
15 each of them, received and continue to hold monies which Plaintiff and the other Class
16 members have a possessory interest in.
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29. Defendants' conduct constitutes unlawful or unfair acts or practices conducted
18 in the course of Defimdants' respective businesses, and thereby constihltes violations ofthe
19 DCL. Such conduct offends the established public policy of the State of California and is
20 immoral, unethical, oppressive, unscrupulous, and substantially injurious.
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30. Plaintiff and othcr Class mcmbers are entitled to equitable relief, including
22 restitution, attorneys' fees and costs, prejudgment interest, and declaratory relief.
23 PUNITIVE DAMAGES
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31. Defendant Kat Williams performed the acts herein alleged with malice or
25 reckless indifference. Plaintiff and the Class are thus entitled to recover punitive damages in
26 an amount according to proof.
27 IJUAVEl{ I"OR RELIEF
28 WHEREFORE, Plaintiff and the Class pray for relief as follows:
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CLASS ACTION COMl'LAfNT
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32. Celtificalionofthe case as a class action on behalfofthe proposed class;
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Designation of Plaintiffas representative ofthe Class;
Designation of Plaintiffs' Counsel of record as Class counsel;
For monetary relief according to proof;
For all damages sustained as a result of Defendants' conduct;
For general damages according to proof;
For exemplary and punitive damages in an amount commensurate with the
8 Defendant Kat Williams's ability to pay, to deter future conduct, and to set an example for
9 otbers;
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39. For costs incurred herein, including reasonable attorneys' fees and costs,
II including expelt witness fees, to the extent allowable by law;
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Pre-judgment and post-judgment interest, as provided by Jaw;
For such ancillary orders, decrees and such fmiher legal and equitable rclicf as
14 may be necessary to enjoin and restrain the improper conduct and wrongdoing of Defendants;
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42. For sucb other and further relief as the Court deems proper.
17 DATED: November 20, 2012
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Respectfully submitted,
THE TIDRICK LAW FIRM
By: Sit//L r : k , J ~
STEVEN G. TIDRICK, SBN 22471i0
JOEL B. YOUNG, SBN 236662
THE TIDRICK LAW FIRM
2039 Shattuck Avenue, Suite 308
Berkeley, California 94704
Telephone: (510) 788-5100
Facsimile: (510) 291-3226
E-mail: sgt@tidricklaw.com
E-mail: jby@tidricklaw.com
Attorneys for Individnal and Representative
Plaintiff Brian Herline
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CLASS ACTION COMPLAINT
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1 DEMAND FOR .JURY TRIAL
2 Plaintiff in the above-referenced action, on his own behalf and on behalf of all persons
3 he seeks to represent, hereby demands a trial by jury on all counts.
4 DATED: November 20,2012
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Respectfully submitted,
THE TIDRICK LAW FIRM
By:
STEVEN G. TIDRICK, SBN 224760
JOEL B. YOUNG, SBN 236662
THE TIDRICK LAW FIRM
2039 Shattuck Avenue, Suite 308
Berkeley, California 94704
Telephone: (510) 788-5100
Facsimile: (510) 291-3226
E-mail: sgt@tidricklaw.eom
E-mail: jby@tidrieklaw.eom
Attorneys for Individual and Representative
Plaintiff Brian Herline
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CLASS ACTION COMPLAINT