Teddy Riley v. Lady Gaga.pdf

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ORDINAL

Joseph E. Porter III {SBN 51350)206 3rd StreetSeal Beach, California 90740Telephone: (562) 493-3940Facsimile: (562) 493-3670

Harry E. Douglas IV (SBN 136877)Law Offices of Harry E. Douglas IV5482 wilshire Boulevard #1600Los Angeles, California 90036Telephone: (213) 537-5070Facsimile: (213) 927-3660

LOS ANGELES SUPERIOR COURT

NOV 01 2013

Attorneys for PlaintiffsEdward Theodore Riley and Adida Music, Inc.

PHNA.04RJM1ERK

NA VARGAS, SftJTY

SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELES

EDWARD THEODORE RILEY P/K/A )CASE NO. D f C 0 A ft 9 8TEDDY RILEY, an individual, and ) D*"'""* *g _ADIDA MUSIC, INC, a corporation. )VERIFIED COMPLAINT FOR DAMAGES: -fl

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Plaintiff, )1. BREACH OF CONTRACT)2. BREACH OF FIDUCIARY DUTY

a>58W wrtreuu)TEAM LOVE CHILD, LLC, F/S/O LADY )GAGA; STEPHANI GERMANOTTA P/K/A )LADY GAGA; INTERSCOPE RECORDS, A)DIVISION OF UNIVERSAL MUSIC )GROUP and DOES 1 through 10, )Inclusive, )

)Defendants.

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COMES NOW, Plaintiffs, EDWARD THEODORE RILEY ^ SjfgbDYgfc? V !T l~>

RILEY, and ADIDA MUSIC, INC. allege as follows:C Z X O CD X *r

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COMPLAINT FOR DAMAGES

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ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

1, Plaintiff, EDWARD THEODORE RILEY P/K/A TEDDY RILEY,

(hereinafter referred to as "Plaintiff* or "Teddy Riley") is an

individual, and a resident in the state of Georgia.

2. Plaintiff, Teddy Riley does business as ADIDA MUSIC

PUBLISHING with respect to the publishing of any musical

compositions.

2. Plaintiff, ADIDA MUSIC, INC. is a corporation organized and

existing in the State of California, and is solely owned by

plaintiff Teddy Riley, and is a loan out corporation under which

Plaintiff Teddy Riley provides services as a producer in the music

business.

2. Plaintiff is informed and believes and thereon alleges

that Defendant, TEAM LOVE CHILD, LLC, (hereafter referred to as

"TLC")is a New Jersey Limited Liability Company, admitted and

authorized to conduct business in the State of California and

actively conducting business in the State.


that Defendant, STEPHANI GERMANOTTA P/K/A LADY GAGA, (hereafter

after referred to as "Germanotta")is an individual who maintains

principal residences in both the County of Los Angeles, State of

California and the State of New York.

4. Plaintiff is informed and believes, and thereon alleges

that at all times mentioned, Germanotta, TLC, and Does 1 through

10, are and have been the partners, joint venturers, alter egos,

and/or co-conspirators of each other. At all times mentioned, a

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COMPLAINT FOR DAMAGES

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unity of interest in ownership and other interests between

Germanotta, TLC, and Does 1 through 10, existed such that anyi.

separateness ceased to exist between them. The exercise of complete

dominance and control over the other entities and their properties,

rights and interests, rendered such entities as mere shells and

instrumentalities of each other.


that Defendant, INTERSCOPE RECORDS is a Division of UNIVERSAL MUSIC

GROUP, INC., a Delaware corporation, which is admitted and

authorized to conduct business in the state of California, and with

offices in the County of Los Angeles, State of California

(Collectively, INTERSCOPE RECORDS and UNIVERSAL MUSIC GROUP, INC.

shall be referred to as "Interscope").


that Defendants, and each of them herein, were the agents of the

other, and were at all times mentioned acting within the course and

scope of said agency or employment, and each Defendant was acting

with full knowledge and consent of his superior or principal, and

each such principal or superior all times ratified and acquiesced

in each and every act of each Defendant and agent thereof, and as

such, each Defendant bound the other by his acts and deeds. .

7. Plaintiffs allege that by written contract dated December

18, 2009, Teddy Riley and Adida Music, Inc. entered into a record

production contract with TLC, Germanotta, and Interscope pursuant

to which a composition entitled "Teeth" was produced (hereafter

referred to as the TLC/Interscope Contract).

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COHPLAIKT FOR DAMAGES

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8. Plaintiffs allege that the TLC/Interscope Contract

provides at relevant part the following terms:

A. Adida Music, inc. was to provide the services of

Teddy Riley to produce one master recording which was

initially entitled "Show Me Your Teeth", and ultimately

released under the title "Teeth" for the Lady Gaga album

commonly known as The Fame Monster and distributed by

Interscope.

B. Adida Music, Inc. was to receive an advance payment

which was to be paid fifty (50%) percent on the commencement

of the production of the composition, and fifty (50%) percent

upon completion of the master recording, and acceptance of

such recording by Interscope. Adida Music, Inc., Teddy Riley,

and Adida Music Publishing were entitled under the terms of

the TLC/Interscope Contract to receive a royalty payments

based upon sales of the master recording.

C. Adida Music, Inc. also agreed that as between Adida

Music, Inc and Teddy Riley, on the one hand, and TLC and

Interscope on the other hand, the composition Teeth would be

deemed a work made for hire, and Interscope would own all

worldwide right, title, and interest to the copyrights in the

master recording, (excluding the copyrights in the underlying

musical compositions) embodied in the master recording.

D. Adida Music, Inc. agreed that any musical

compositions embodied in the master which were written, owned

or controlled by Adida Music, Inc. and/or Teddy Riley would be

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COKPLAINT FOR DAMAGES

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licensed to interscope in accordance with the terms of a

controlled composition clause in the Interscope Agreement with

the splits for the composition being set as follows:

Writers - Edward Teddy Riley (25%); Peter Wyoming Bender

(25%); Lady Gaga (50%); Publishers -Adida Music Publishing(25%), EMI Blackwood Music, Inc., Newtown Music PublishingGMBH, Musik Verlag, EMI Music Pub Germany GMBH (25%) House of

Gaga/EMI/Sony/ATV Songs (25%).

A copy of the Team Love Child LLC agreement with Adida Music Incwith Exhibits C & D are is attached to this complaint.

FTRST PAUSE OF ACTION - BRFACH OF CONTRACT

(Against TLC, INTERSCOPE AND GERMANOTTA)9. Plaintiffs, Teddy Riley and Adida Music, Inc., refer to,

re-allege, and incorporate by reference the allegations ofParagraph 1 through 8, inclusive, of this complaint as though fullyset forth herein.

10. Plaintiff, Adida Music, Inc, alleges that it is party to

a written contract described above as the TLC/Interscope Contract

and dated for reference purposes December 18, 2009.

11. plaintiffs, Teddy Riley and Adida Music, Inc, alleges

that they have performed each and every requirement pursuant to the

terms of the TLC/Interscope Contract.

12. Plaintiffs allege that pursuant to paragraph 17(e)(ii) ofthe Interscope/TLC Contract, the splits for any controlledcompositions were to be as follows: Writers - Edward Teddy Riley

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COKPLAXHT FOR DAMAGES

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(25%); Peter Wyoming Bender (25%); Lady Gaga (50%); Publishers -Adida Music Publishing (25%), EMI Blackwood Music, Inc., NewtownMusic Publishing GMBH, Musik Verlag, EMI Music Pub Germany GMBH

(25%) House of Gaga/EMI/Sony/ATV Songs (25%).13. Plaintiffs allege that Defendants Interscope, Germanotta,

and TLC breached the contract by failing to properly split thecontrolled compositions in accordance with the terms of the

TLC/Interscope Contract.

14. Plaintiffs further allege that Defendants TLC,

Interscope, and Germanotta altered the splits and credited a nonparty to the TLC/Interscope Contract with the writers credit whichwas contracted to be accorded to Teddy Riley, and the Publisherscredit which was contracted to by accorded to Adida Music

Publishing.

15. Plaintiffs are informed and believe and thereon furtherallege that the printed credits for songwriters and musicpublishers on the album The Fame Monster in which the composition"Teeth" is embodied, has failed to list Teddy Riley as asongwriter, and Adida Music Publishing as a music publisher, inbreach of the terms of the TLC/Interscope Contract.

16. Plaintiff further alleges that as a proximate result ofthe breach of the contract, a non-party to the action, Taja Riley,has attempted to register a copyright in the composition as awriter, and contracted to receive payments and monies as apurported writer and publisher of the composition, all to thedetriment of Adida Music Publishing and Teddy Riley.

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COMPIAINT FOR DAMAGES

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lr^mmJ^' Laly Gaga 1Address; V cjttStlfiren Brftteflfrdrn LLP

1801 Century Park West

City, State, ZipCode: Los Angeles, CA 90067

Date: VMaccU

Schedule 1Repertoire Chart

Sons Title Album TitleRecordUbei

CatalogNumber

ReleaseDate

Show Me YourTeeth

Interscope

Use additional sheets as necessary. Feet free to submit repertoire data usingspreadsheets or other documents provided the above-requested information isprovided.

2375.1.1.7December 15, 2009

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ORIGINALmoRNerorpastywthoutattorney

OI^GINALSHORT TtTlE

EDWARD THEODORE RILEY V. TEAM LOVE CHILD LLC CASE NUMBERH I. h /. fi ft 2i o __

CIVIL CASE COVER SHEET ADDENDUM ANDSTATEMENT OF LOCATION(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)

This farm Is required pursuant to Local Rule 2.0 In all new civil case filings in the Los Angeles Superior Court.Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:

JURYTRIAL? 0 YES CLASS ACTION? D YES LiMTTEOCASE? DyES TIME ESTIMATSQ FOR TRW. 7 DHOURS/ PI nAvsX Item II. Indicate the correct district and courthouse location (4 steps -If you checked Ximited Case", skip to item ill. Pg. 4):

Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for yourj>- case in the left margin below, and. to the right in Column A. the Civil Case Cover Sheet case type you selected.Step 2: Check one Superior Court type of action in Column Bbelow which best describes the nature of this case.

Step 3: In Column C. circle the reason for the court location choice that applies to the type of action you havechecked. For anyexception to the court location, see Local Rule 2.0.

Applicable Reasons for Choosing Courthouse Location {see Column Cbelow)\' Sf!tf ftl0S* mus,.b? Ft?*"the Skntoy Mosk Courthouse, ceniral district. 6. Location ofproperty or oermanenUv oaraoed vehide. S^Sit^eaToldamaoeoccurred. *tlSZ^^^X^I^Z^^5. Location where performance required ordefendant resides. -* -- - on* w mor^ or m- B8**fes,de-10. Location of Labor Commissioner Office

Step 4: Fill in the information requested on page 4in Item III; complete Item IV. Sign the declaration.

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Civil Case Cover SheetCategory No.

Auto (22)

Uninsured Motorist (46)

Asbestos (04)

Product Liability (24)

Medical Malpractice (45)

OtherPersonal Injury

Property OamageWrongful Death

(23)

(IACIV 109(Rev. 03/11)LASC Approved 03-04

BType of Action

(Check only one)

Q A7100 Motor Vehicle -Personal Injury/Property Oamage/Wrongful Oeath

Applicable Reasons Sea Step 3 Above

1..2..4.

Q A7110 Personal Injury/Property Oamage/Wrortgful Oeath - Uninsured Motorist 1..2..4.D A6070 Asbestos Property OamageO A7221 Asbestos -Personal Injury/Wrongful DeaBi

Q A7260 Product Liability (not asbestos or toxic/environmental)Q A7210 Medical Malpractice - Physicians &Surgeons A7240 Other Professional Heaflh Care Malpractice

a A7250 Premises Liability (e.g..slipandfall)O A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g.,

assault vandalism, etc.)D A7270 Intentional Infliction of Emotional DistressD A7220 Other Personal Injury/Property OamagerWrongful Death

CIVIL CASE COVER SHEET ADDENDUMAND STATEMENT OF LOCATION

1..2..3..4..8.

1.4.

1..4.

1.4.

1..4.

1..3.

1..4.

Local Rule 2.0

Page 1 of 4

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EDWARD THEODORE RILEY V. TEAM LOVE CHILD LLC CASE NUMBER

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short mu

EDWARD THEODORE RILEY V. TEAM LOVE CHILO LLC CASE NUMBER

ACrvS Case Cover Sheet

CategoryNo.B

Type of Action(Checkonlyone)

CApplicable Reasons -

See Step 3 AboveAsset Forfeiture (05) O A6108 Asset Forfeiture Case 2.. 6.

1>

Petition reArbitration (11) Q A6115 Petition toCompel/ConfimWacate Arbitration 2.. 5.ce

To Q A6151 Writ - Administrative Mandamus 2., 8.3

Writ of Mandate (02) O A6152 Writ - Mandamus on Limited Court Case Matter 2.- O A6153 Writ-Other Limited Court CaseReview 2.

Other Judicial Review (39) A6150 OtherWrit/Judicial Review 2.. 8.

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SHORT TITLE:

EDWARD THEODORE RILEY V. TEAM LOVE CHILD LLC CASE NUMBER

circumstance indtcated in Item II.. Step 3on Page 1. as the proper reason for filing in the court location you selected.

REASON: Check the appropriate boxes for the numbers shownunder Column Cfor thetype ofaction that you have selected forthis case.

D1. (32. D3. 04. 05. 06. D7. D8. C9. C10.CITY:

Los AngelesSTATE:

CA

ZIP CODE:

90069

ACORESS.

8335 Sunset Boulevard

Item tV.DeclarationofAssignmenti declare under penalty of perjury under the laws of the State of California that the foregoing is trueCentra!"* ^ tha' ^ 8b0Ve^",itled maBer is pf0pef,y fi,ed for ai9nment to the Stanley Mosk courthouse in the-J12 (District of the Superior Court of California. County of Los Angeles [Code Civ. Proa, 392 et seq and LocalRule 2.0. subds. er *a7" ,Sa,'cop!fs,of ^/"e"^ to be conformed by the Clerk. Copies of the cover sheet and this addendummust be served along with the summons and complaint, or other initiating pleading in the SSe adden

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Teddy Riley v. Lady Gaga.pdf