1

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
DAMON DASH

Plaintiff,
-against-
Index No:157989/2014

VERIFIED COMPLAINT
LEE DANIELS, LEE DANIELS ENTERTAINMENT LTD.,
SIMONE SHEFFIELD, CANYON ENTERTAINMENT

Defendants.



The Plaintiff, Damon Dash, by and through its attorneys, Bhushan Law Group, P.C. and

Eric Howard Esq., as and for its Verified Complaint, allege as follows:

The Parties

1. At all times referred to herein, the plaintiff, Damon Dash, was, and is, an individual

residing in the County of New York and State of New York.

2. Upon information and belief, defendant Lee Daniels, was, and is, an individual

residing in the County of New York and State of New York.

3. Upon information and belief, defendant Lee Daniels Entertainment Ltd., was, and is, a

corporation duly created under and by virtue of the laws of the State of New York authorized to

transact business in the State of New York.

4. Upon information and belief, defendant Lee Daniels Entertainment Ltd maintains its

principal place of business at 434 Broadway, Suite 403 New York, New York, 10013.

5.Upon information and belief, Lee Daniels Entertainment is wholly owned and managed

by Lee Daniels.

6. Upon information and belief, defendant Simone Sheffield, was, and is, an individual

residing in the State of California.

2
7. Upon information and belief, defendant Canyon Entertainment, was, and is, a

corporation duly created under and by virtue of the laws of the State of California authorized to

transact business in the State of California.

8. Upon information and belief, defendant Canyon Entertainment maintains its

principal place of business in the State of California.

9. Upon information and belief, Canyon Entertainment is wholly owned and managed by

Simone Sheffield.

Background

10. The plaintiff, Damon Dash (Damon), is a successful entrepreneur whose businesses
included household names in the music industry (i.e., Roca-Fella Records), fashion industry (i.e.,
Rocawear) and art/film industries (i.e., Poppington Gallery and Dash Films), among others.
i. Lee Daniels and The Woodsman
11. In, or around 2003, Damon was introduced to defendant Lee Daniels (Lee) by
Marvette Britto.
1

12. At the time of their introduction, upon information and belief, Lee was a burgeoning
Hollywood producer whose production credits included Monsters Ball.
13. After their introduction, both Damon and Lee had several conversations about Lees
aspirations to produce another film and eventually make his directorial debut, and how Damon
could help him achieve these aspirations.
14. During these conversations, Lee explained to Damon that he wanted to produce a
feature film by the name of The Woodsman.

1
Marvette Britto is a renowned publicist whose firm the, The Britto Agency, specializes in
public relations, communications and brand architecture. For an in depth review on Marvette
of her firm, the Court is respectfully directed to her website, www.thebrittoagency.com.

3
15. Lee further explained to Damon that in order to produce the movie, he would need
approximately Two Million Dollars ($2,000,000.00).
16. Lee further expressed his desire for Damon to become a co-executive producer with
himself as that would ensure that both parties had complete control over the film and how it was
to be marketed, promoted, and distributed. Furthermore, both parties were to share in the
royalties and success of the film.
17. Lee considered Damon to be a good partner for purposes of producing The
Woodsman since Damon had the necessary capital investment, had successfully produced
and/or directed several films through his Dash Films and Roc-A-Fella Production companies,
and also had the connections within the industry to bring the film to fruition.
18. After reviewing the script
2
, and receiving promises and assurances that his principal
investment would be personally guaranteed by Lee, Damon agreed to enter into a written
agreement with Lee. Lees personal assurances enticed Damon to enter into this agreement
despite the $2,000,000 investment being the only capital Damon had to produce his own films
via Dash Films.
19. In sum and substance, the agreement (Woodsman Agreement) called for Damon to
invest Two Million Dollars ($2,000,000.00), which was to be used to produce The Woodsman
film.
20. In exchange for his investment, Damon, through his company, Dash Films, was to be
given Executive Producer credits on The Woodsman along with Lees film company,
defendant Lee Daniels Entertainment Ltd (Lee Daniels Entertainment).

2
The Woodsman is a 2004 drama film directed and co-written (with Steven Fechter) by Nicole
Kassell, based on Fechter's play of the same name. The movie stars Kevin Bacon as a
convicted child molester who must adjust to life after prison.

4
21. Additionally, according to the terms of the Woodsman Agreement, Damon was to
own approximately Fifty Percent (50%) of all rights to The Woodsman.
22. These rights include, but are not limited to, the rights to market, license, and/or
distribute, or sell the film domestically and internationally.
23. Lastly, as per the terms of the Woodsman Agreement and related agreements and
promises made a part thereof, Damons principal investment was to be personally guaranteed
with interest by Lee.
24. Upon information and belief, the film was released in the United States and England,
among other places, in December 2004.
25. In order to help raise awareness about the film and ensure its success, Damon
tirelessly traveled the country and promoted The Woodsman wherever he went.
26. Some of Damons notable efforts to promote The Woodsman included bringing
famous celebrities like Kanye West
3
to perform at certain venues where the The Woodsman
ads would run.
27. Upon information and belief, The Woodsman was released to critical acclaim
receiving an 88% out of 100% review by film critics on the film-review website,
www.RottenTomatoes.com.
28. Upon information and belief, despite its controversial subject matter, The
Woodsman ran in theatres until March 2005 and grossed approximately One Million Five

3
According to his Wikipedia page, Kanye West is an American rapper, songwriter, record
producer, film director, entrepreneur, and fashion designer who first gained prominence as a
producer for Roc-A-Fella Records, which was a record label founded by Shawn "Jay-Z"
Carter, Damon "Dame" Dash, and Kareem "Biggs" Burke.


5
Hundred and Seventy Six Thousand Dollars ($1,576,000.00) domestically and approximately
Three Million One Hundred and Two Thousand Dollars ($3,122,000.00) internationally.
4

29. Based on the films commercial success at the box office, Damon asked Lee and Lee
Daniels Entertainment to provide an accounting of all monies earned by The Woodsman, but
never received a response.
30. In fact, to date, Damon has never been presented with an accounting for The
Woodsman though the film has been licensed and distributed worldwide and can be currently
found in Netflixs DVD catalogue, among other places.
31. Nevertheless, despite having access to the accounting of The Woodsman, and
further knowledge that Damons $2,000,000.00 investment represented his entire working capital
for Dash Films, in lieu of providing an accounting for The Woodsman, which Damon and
Dash Films were entitled to, Lee made Damon yet another offer.
32. The terms of this offer were as follows: Lee asked Damon to forego seeking
repayment of the $2,000,000.00 from The Woodsman proceeds, and in its stead, roll-over the
$2,000,000.00 into another one of Lees films, which was eventually to be produced and
distributed under the name, Shadowboxer.
33. Thereafter, Damon and Lee had several conversations about Lees aspirations to
make his directorial debut for the movie Shadowboxer, and how Damon was guaranteed to get
his money back in addition to owed royalties.
34. Despite his hesitation, after reviewing the script
5
, and once again receiving oral and
written promises and assurances that his principal investment would be personally guaranteed by
Lee, Damon agreed to enter into another written agreement with Lee.

4
The box office numbers are provided courtesy of www.boxofficemojo.com
6
ii. Shadowboxer
35. In sum and substance, the agreement (Shadowboxer Agreement) called for Damon
to re-invest the original Two Million Dollars ($2,000,000.00), which was to be used to produce
the Shadowboxer film.
36. In exchange for his re-investment, Damon, through his company, Dash Films, was to
be given Producer credits on Shadowboxer along with Lee Daniels Entertainment and any of
the other Shadowboxer investors.
37. Additionally, according to the terms of the Shadowboxer Agreement, Damon - along
with Lee Daniels Entertainment and the other Shadowboxer investors - was to own a share of all
rights to Shadowboxer in proportion to the amounts invested by all of the investors.
38. These rights include, but are not limited to, the rights to market, license, and/or
distribute, or sell the film both domestically and internationally.
39. Lastly, as per the terms of the Shadowboxer Agreement and related agreements,
specifically The Woodsman agreement, and promises made a part thereof, Damons principal
investment was to be personally guaranteed with interest by Lee.
40. Upon information and belief, the film was released in the United States and England,
among other places, in July 2006.
41. Unlike The Woodsman campaign, Damon was expressly told to take a back seat
and let Lee, Lee Daniels Entertainment and the other Shadowboxer investors promote the film.

5
Shadowboxer is a 2005 crime thriller film directed by Lee Daniels that stars Academy
Award winners Cuba Gooding, Jr., Helen Mirren, and Mo'Nique.


7
42. Upon information and belief, despite its all-star cast, Shadowboxer was released to
negative reviews from critics receiving an 18% out of 100% review by film critics on the film-
review website, www.RottenTomatoes.com.
43. Upon information and belief, according to numbers from Box Office Mojo,
Shadowboxer ran in theatres until August 2006 and grossed approximately Three Hundred and
Seventy Thousand Dollars ($370,000.00) domestically and approximately One Hundred and
Forty Nine Thousand Dollars ($149,000.00) internationally.
44. Despite abysmal box office numbers, Damon asked Lee and Lee Daniels
Entertainment to provide an accounting of all monies earned by Shadowboxer, but never
received a response.
45. In fact, to date, Damon has never been presented with an accounting for
Shadowboxer though the film has been licensed and distributed worldwide and can be
currently found in Netflixs DVD catalogue, among other places.
46. Thereafter, while Lee was in the process of producing his next film, Tennessee,
Damon made several follow-up demands for both an accounting on The Woodsman and
Shadowboxer and payment on the personal guarantee to which Lee finally replied with yet
another acknowledgement of debt and new offer.
47. During the time of this offer to settle, Damon was being represented by an agent
named Michael McConnell (McConnell).
iii. The McConnell Agreement
48. Through McConnell and/or McConells agency, in sum and substance, Lees offer to
settle his debts with Damon was as follows: in exchange for keeping quiet about being owed
money, to avoid bad press in light of Lees upcoming projects, and foregoing prompt payment on
8
the personal guaranty, Lee, and Lee Daniels Entertainment, promised Damon, both orally, and in
writing, that Damon would be given a producer credit and partial ownership rights to any and all
of Lees projects (Lees Projects)-i.e., current and future TV shows and/or films-until Lee paid
Damon back the $2,000,000.00 plus interest that Damon had originally invested with Lee
(McConnell Agreement).
49. Damon accepted the offer, and in reliance on said agreement (the McConnell
Agreement), Damon put in a good word about Lee with several of Tennessees investors.
50. Moreover, given investor hesitation to invest with Lee after the box-office failure of
Shadowboxer, it was not until Damon spoke highly of Lee that Tennessee ultimately
received all of the funding it needed in order for it to be produced.
51.Additionally, given the hesitation of some actors/actresses to associate them with a
Lee-backed project after the box-office failure of Shadowboxer, it was not until Damon
personally reassured some of the cast for Tennessee that Lee was a competent and talented
producer that they ultimately stayed with the film.
52. One notable example was a phone call made by Damon, to music superstar, Mariah
Carey
6
, which entailed Damons high praise of Lee and his talent.
53. Thereafter, Tennessee, was produced by Lee and Lee Daniels Entertainment, among
others, and went on to have its theatrical release in 2009.
iv. Lees Projects
54. As noted above, pursuant to the McConnell Agreement, Damon was to be given a
producer credit and partial ownership rights to any and all of Lees projects, current and future.
55. To date, Lee has failed to pay Damon back despite repeat demand therefore.

6
Mariah Carey is a multi-platinum, American singer-songwriter and actress.

9
56. Upon information and belief, the following is a list of all of Lees Projects that would
fall under the terms of the McConnell Agreement because they were either produced or directed
by Lee, or Lee Daniels Entertainment:
a) Precious: Based on the Novel Push by Sapphire (Precious)
i) Upon information and belief, Precious was produced for Ten Million Dollars
($10,000,000.00), released in theatres on November 6, 2009, and went on to gross approximately
Sixty-Three Million Dollars ($63,000,000.00) worldwide.
b) The Paperboy (Paperboy)
i) Upon information and belief, Paperboy was released in theatres on October 5, 2012, and
went on to gross approximately One Million Three hundred Thousand Dollars ($1,300,000.00)
worldwide.
c) Lee Daniels The Butler (The Butler)
i) Upon information and belief, The Butler was produced for Thirty Million Dollars
($30,000,000.00), released in theatres on August 16, 2013, and went on to gross approximately
One Hundred and Seventy Six Million Dollars ($176,000,000.00) worldwide.
d) The Grazer Project
i) Upon information and belief, The Grazer Project, was, and is, a television project produced
and developed by Lee and Brian Grazer
7
for FOX.
ii) Upon information and belief, the actual name given to the Grazer Project is Empire, and
it is slated to air on FOX in late 2014, or early 2015.
v. Simone Sheffield and The Grazer Project

7
Brian Grazer is an American film and television producer who co-founded Imagine
Entertainment in 1986 with Ron Howard. The films they produced have grossed over $13 billion.

10
57. Upon information and belief, at all times relevant herein, Simone Sheffield
(Simone) was, and is a talent manager, and television and film producer.
58. Upon information and belief, Simone is the President/Owner of Canyon Industries
International, which does business as Canyon Entertainment.
59. Upon information and belief, Simone was an Associate Producer on The
Woodsman.
60. Upon information and belief, Simone was a Co-Producer on Shadowboxer.
61. Upon information and belief, Simons was a Co-Executive Producer on Precious:
Based on the Novel Push by Sapphire.
62. Upon information and belief, Simone was a Co-Producer on The Paperboy.
63. Upon information and belief, Simone was a Co-Producer on Lee Daniels The Butler.
64. At all times relevant herein, Simone held herself out as Lees manager.
65. In, or around February 2013, in consideration for forbearing to take legal action

against him for the monies, producer credits, and ownership rights then owed to Damon, Lee and

Damon had a telephone conversation wherein Lee made certain assurances to include Damon in

an upcoming television project involving himself and Brian Grazer (Grazer Project) as partial

payment/performance.

66. After being contacted by e-mail by Damons then attorney in regards to fulfilling

this promise, Lee promptly requested that Simone - via e-mail, dated February 26, 2013

respond to him [Damons attorney].

67. On February 26, 2013, Simone sent the following e-mail response to Damons

lawyer: Lee is working but wanted me to respond to your email ASAP. The Grazer [P]roject is

still in the very early stages and as things progress we will certainly send you and Damon an

11
update. Also know, Lee is currently working 16 hour days to complete a dim that when done will

allow him more time to develop the below mentioned project. Be well. S.

68. Once again, in reliance on Lees direct promises over the telephone and in writing

through Simone, Damon patiently waited for Lee to make good on his obligations, which at this

point included re-payment of the $2,000,000.00 plus interest, accountings on both The

Woodsman and Shadowboxer, and producer credits and ownership rights on, or in, Lees

Projects.

69. Thereafter, Damons lawyer made several more written requests for follow-ups on the

Grazer Project, which included, but were not limited to, two e-mails in April 2013.

70. In an e-mail dated April 17, 2013, Simone responded to Damons attorney stating,

Lee forwarded me your email. Please note my new email address for future reference. The

writer and Lee have not had time to write as Lee must complete his edit. Will let you know when

we progress.

71. After several more back and forth conversations with Lee, Lee Daniels

Entertainment, and/or Lees representatives-i.e., Canyon Entertainment and Simone, among

others- on, or around, January 10, 2014, Damon received a call from Simone.

72. During this phone call, Simone gave Damon a general update on the status of the

Grazer Project, and when Damon inquired about more details, Simone yelled and cursed at

Damon and stated that he was going to jail so the parties-i.e., Damon and Lee-would no longer

be discussing Damons role on, or in, the Grazer Project.

73. Moreover, during a follow-up e-mail from Simone to Damon with several other

members of the film and/or television community - i.e., Lee, Dave Robinson of Elephant Eye

Films, etc., ccd on the email - Simone, without any actual knowledge of the truth of the

12
accusations she was making, accused Damon of going to jail in an attempt to further cause

economic harm to Damons personal and business reputation.
74. Furthermore, in, or around January 2014, Simone left Damons attorney a disturbing
voice mail (which he saved), which was arguably libelous and defamatory with respect to
Damons personal and business reputation.
75. Based on these communications, and feedback from other television and film industry
third-parties, upon information and belief, Simone made additional false, defamatory statements
about Damon to said parties, which caused further irreparable harm and injury to Damon and his
reputation.
76. Thereafter, on February 3, 2014, in good faith, Damons attorney made one last
follow-up to Simone, Lee, and Lee Daniels Entertainment to resolve all of Lees outstanding
legal obligations to Damon.
77. After failing to hear back from any of the parties, the instant lawsuit was commenced.

AS AND FOR A FIRST CAUSE OF ACTION
(BREACH OF CONTRACT)

78. Plaintiff repeats and re-alleges paragraphs 1 through 77 as if fully repeated and set

forth at length herein.

79a. As noted above, Lee and Damon entered into several oral and written agreements,

which included the Woodsman Agreement, Shadowboxer Agreement, and the McConnell

Agreement.

79b. Notably, Lee also had given Damon personal guarantees on monies invested for the

Woodsman Agreement and Shadowboxer Agreement.

80. Additionally, at all times relevant herein, Lee was and officer and agent having the

13
power and authority to contractually bind Lee Daniels Entertainment to legal obligations.

81. Pursuant to this power and authorization, as noted above, Lee Daniels Entertainment

and Damon entered into several oral and written agreements, which included the Woodsman

Agreement, Shadowboxer Agreement, and the McConnell Agreement.

82a. The terms for the Woodsman Agreement were as follows: Damon was to invest Two
Million Dollars ($2,000,000.00), which was to be used to produce The Woodsman film.
82b. In consideration for his investment, Damon, through his company, Dash Films, was
to be given Executive Producer credits on The Woodsman along with Lees film company,
defendant Lee Daniels Entertainment.
82c. Additionally, according to the terms of the Woodsman Agreement, Damon was to
own approximately Fifty Percent (50%) of all rights to The Woodsman.
82d. These rights include, but are not limited to, the rights to market, license, and/or
distribute, or sell the film domestically and internationally.
82e. Lastly, as per the terms of the Woodsman Agreement and related agreements and
promises made a part thereof, Damons principal investment was to also be personally
guaranteed with interest by Lee.
83a. The terms of the Shadowboxer Agreement were as follows: Damons original Two
Million Dollars ($2,000,000.00), invested into The Woodsman would be re-invested, in order
to produce the Shadowboxer film.
83b. In consideration for his re-investment, Damon, through his company, Dash Films,
was to be given Producer credits on Shadowboxer along with Lee Daniels Entertainment and
any of the other Shadowboxer investors.
14
83c. Additionally, according to the terms of the Shadowboxer Agreement, Damon - along
with Lee Daniels Entertainment and the other Shadowboxer investors - was to own a share of all
rights to Shadowboxer in proportion to the amounts invested by all of the investors.
83d. These rights include, but are not limited to, the rights to market, license, and/or
distribute, or sell the film both domestically and internationally.
83e. Lastly, as per the terms of the Shadowboxer Agreement and related agreements and
promises made a part thereof, Damons principal investment was to also be personally
guaranteed with interest by Lee.
84. The terms of the McConell Agreement were as follows: in consideration for keeping

quiet about being owed money, to avoid bad press in light of Lees upcoming projects, and

foregoing prompt payment on the personal guaranty, Lee, and Lee Daniels Entertainment,

promised Damon, both orally, and in writing, that Damon would be given a producer credit and

some ownership rights to any and all of Lees current and future projects (Lees Projects)-i.e.,

TV shows and/or films-until Lee paid Damon back the $2,000,000.00 plus interest that Damon

had originally invested with Lee (McConnell Agreement).

85. Plaintiff performed all of his obligations pursuant to the terms of the Woodsman

Agreeement, Shadowboxer Agreement, and McConnell Agreement.

86. Defendants Lee and Lee Daniels Entertainment have breached all three agreements

by (a) failing to account for the monies earned by The Woodsman and Shadowboxer; (b)

failing to give Damon Producer credits and ownership in Lees Projects pursuant to the

McConnell Agreement; and, (c) failing to compensate Damon in the amount of $2,0000,000.00

plus interest despite due demand therefor.

87. As a result of the foregoing, Plaintiff is entitled to a judgment, declaring and
adjudging that binding agreements exist between the parties, that Defendants Lee and Lee
15
Daniels Entertainment are in breach thereof, directing Defendants Lee and Lee
Daniels Entertainment to pay to Plaintiff compensatory and punitive damages in an
amount to be determined at trial and issue any Producer credits to Plaintiff to which it may have
heretofore been entitled.
AS AND FOR A SECOND CAUSE OF ACTION
(BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING)

88. Plaintiff repeats and re-alleges paragraphs 1 through 87 as if fully repeated and set

forth at length herein.

89. Despite acknowledging, orally, and in writing, that Plaintiff had fully performed as

per the terms of the Woodsman Agreement, Shadowboxer Agreement, and McConnell

Agreements, instead of compensating Plaintiff as per those terms, Defendants Lee and Lee

Daniels Entertainment sought, and still seek, additional consideration beyond the terms

of those three agreements.

90. These demands for additional consideration were made in bad faith and constitute a

breach of the duties of good faith and fair dealing implied in express contracts.

91. As a result of the foregoing, Plaintiff is entitled to a judgment, declaring and

adjudging that binding agreements exist between the parties, that Defendants Lee and Lee

Daniels Entertainment are in breach of the duties of good faith and fair dealing implied in said

agreements, directing Defendants Lee and Lee Daniels Entertainment to pay to Plaintiff
compensatory and punitive damages in amount to be determined at trial and issue any Producer
credits and ownership rights to Plaintiff to which he may have heretofore been entitled.

AS AND FOR A THIRD CAUSE OF ACTION
(PROMISSORY ESTOPPEL)
92. Plaintiff repeats and re-alleges paragraphs 1 through 91 as if fully repeated and set

16
forth at length herein.

93. Defendants Lee and Lee Daniels Entertainment made various promises, both orally,
and in writing, to return to Damon the $2,000,000.00 he invested along with interest. As noted
above, Lee personally guaranteed this investment on several occasions.
94. Furthermore, in, or around February 2013, Lee and Damon had a telephone

conversation during in which Lee made certain assurances to include Damon in an upcoming

television project involving himself and Brian Grazer (Grazer Project) as partial consideration

for the monies, ownership rights, and producer credits then owed to Damon.

95. In reliance on the above described promises of monetary compensation, producer

credits and ownership of Lees Projects, Damon invested $2,000,000.00 in The Woodsman,

and then re-invested the original $2,000,000.00 into Shadowboxer.

96. In further reliance on the above described promises of monetary compensation,

producer credits and ownership of Lees Projects, Damon spoke with both investors in, and

actors/actresses cast in Lees films without which - several, if not all - of Lees Projects would

never have been produced or fully developed.

97. Thus, Lee and Lee Daniels Entertainments promises of monetary compensation,

producer credits and ownership of Lees Projects were intended to induce Plaintiff to forego

taking legal action, and in its stead, receive alternate consideration.

98. Lee and Lee Daniels Entertainments promises of monetary compensation,

producer credits and ownership of Lees Projects did induce Plaintiff to forego

taking legal action, and in its stead, patiently wait for receipt of its alternate consideration-i.e.,

waiting to be put on the Grazer Project.

99. Plaintiffs reliance on Lee and Lee Daniels Entertainments promises were

reasonable.
17

100. Plaintiffs reliance on Lee and Lee Daniels Entertainments promises were

reasonable given the actions that Lee - individually, and through his manager Simone - Lee

Daniels Entertainment took, which confirmed the existence of said promises. Some of these

actions include, but are not limited to:

(i) Lee emailed the plaintiff and related personnel-i.e., Simone-about these promises;

(ii) Lee and Simone represented to several people, both orally, and in writing,
including both parties and nonparties to the promises, that, in fact, Plaintiff was to
be compensated as per the parties agreements, and that producer credits and
ownership rights were to be given to Damon; and,

(iii) In e-mails, phone conversations, and other correspondence, Lee, Lee Daniels
Entertainment, and their agents, acquiesced to the Plaintiffs performance on all
of the parties previous agreements as well as their own lack of performance.

101. Plaintiff rendered services to the Defendants based on, and in reliance on, there

being both a guaranteed monetary and producer credit and ownership component to his

compensation.

102. Defendants Lee and Lee Daniels Entertainment breached their promises to the

Plaintiff under all three agreements.

103. As a result of the foregoing breaches, Plaintiff has been harmed.

104. Injustice can only be avoided by enforcement of the promises.

105. As a result of the foregoing, Plaintiff is entitled to a judgment, declaring and

adjudging that a binding promise, or promises, exist(s) between the parties, that Defendants Lee
and Lee Daniels Entertainment are in breach thereof, directing Defendants Lee and Lee Daniels
Entertainment to pay to Plaintiff compensatory and punitive damages in amount to be
determined at trial and issue any producer credits and ownership rights to Plaintiff to which he
may have heretofore been entitled.

18
AS AND FOR A FOURTH CAUSE OF ACTION
(UNJUST ENRICHMENT)

106. Plaintiff repeats and re-alleges paragraphs 1 through 105 as if fully repeated and set

forth at length herein.

107. Defendants Lee and Lee Daniels Entertainment were enriched by Plaintiffs

continued investments in their films and high praise for Lee as a producer and filmmaker all

while said Defendants withheld and continued to deprive Plaintiff of monetary compensation and

producer credits and ownership rights, which are rightfully owed to Plaintiff.

108. Defendants enrichment was made at the expense of Plaintiff who was led to believe

that her was to receive its full bargained for monetary and producer credit considerations as set

forth in the Woodsman Agreement, Shadowboxer Agreement, McConnell Agreement, and

Grazer Project.

109. Defendants Lee and Lee Daniels Entertainment knew of the benefits being conferred

upon them by Plaintiff.

110. As a result of the foregoing, the circumstances are such that in equity and good

conscience, restitution should be made to the Plaintiff.

111. As a result of the foregoing, Plaintiff is entitled to a judgment, directing Defendants
Lee and Lee Daniels Entertainment to pay to Plaintiff compensatory and punitive damages in
amount to be determined at trial and issue any Producer credits and ownership rights to Plaintiff
to which he may have heretofore been entitled.

AS AND FOR A FIFTH CAUSE OF ACTION
(CONVERSION)

112. Plaintiff repeats and re-alleges paragraphs 1 through 111 as if fully repeated and set

forth at length herein.

19
113. Pursuant to the terms of the Woodsman Agreement and Shadowboxer Agreement,
and McConell Agreement, Damon was to own a portion of the share of all rights to several films.
114. These rights include, but are not limited to, the rights to market, license, and/or
distribute, or sell the film both domestically and internationally.
115. As co-owner and co-executive producer on The Woodsman, Plaintiff was entitled
to 50% ownership of the film to, which was to continue in perpetuity.
116. As an owner/investor and producer on Shadowboxer, Plaintiff- along with Lee
Daniels Entertainment and the other Shadowboxer investors - was to own a share of all rights to
Shadowboxer in proportion to the amounts invested by all of the investors, which was to
continue in perpetuity.
117. Lastly, as co-owner and co-producer on Lees Projects, Plaintiff- along with Lee
Daniels Entertainment and the other Lees Projects investors - was to own an undisclosed share
of all rights to Lees Projects, which was to continue in perpetuity.
118. Despite repeat demand for an accounting and without the consent, or knowledge of
Plaintiff, Defendants Lee and Lee Daniels Entertainment continue to market, license, and/or
distribute, or sell the above-described films both domestically and internationally and reap
financial benefits therefrom.
119. These actions constitute a seizure of property-i.e., certain sums of money owed to
Damon from royalties and box office revenue, the Plaintiffs share of copyrights or ownership
rights in the above-described films and television projects, as well as licensing and distribution
revenue from such works.
120. This continued seizure interfered with, and caused Plaintiff to lose out on business
opportunities, which include, but are not limited to, the ability to executive produce, produce,
and/or direct films from the years 2007-2013; additional monetary considerations to be derived
20
from licensing and other royalties; and, additional producer considerations on several critically
acclaimed and commercially successful films - i.e., Precious and The Butler.
121. The property described herein is specifically identifiable and Defendants Lee and
Lee Daniels Entertainment are obligated to return them to Plaintiff.
122. Injustice can only be avoided by the return of property.
123. As a result of the foregoing, Plaintiff is entitled to a judgment, declaring that
Plaintiff has lawful possession and title to property, and that said property must be immediately
returned, or awarded to, Plaintiff.

AS AND FOR A SIXTH CAUSE OF ACTION
(TORTIOUS INTERFERENCE WITH A BUSINESSS RELATIONSHIP)

124. Plaintiff repeats and re-alleges paragraphs 1 through 123 as if fully repeated and set

forth at length herein.

125. As described above, Plaintiff has a longstanding business relationship with

Defendants Lee and Lee Daniels Entertainment.

126. Moreover, as Lees manager, Simone, individually, and on behalf of Canyon

Entertainment, knew of the parties business relationship and intentionally interfered with it in

January 2014, by, among other things, making disparaging remarks and spreading malicious,

untrue, rumors about Damon, his finances, and his personal life, to Lee and other important

personnel that Lee has business dealings with.

127. In making these remarks and spreading these unfounded rumors, Defendants Simone

and Canyon Entertainment acted solely out of malice and these actions caused irreparable injury

to the relationship between Damon and Lee.

128. As a result of the foregoing, Plaintiff is entitled to a judgment, declaring that
Defendants Simone and Canyon Entertainment interfered with a business relationship, and
21
directing said Defendants to pay to Plaintiff compensatory and punitive damages in amount to be
determined at trial.

AS AND FOR A SEVENTH CAUSE OF ACTION
(DEFAMATION)

129. Plaintiff repeats and re-alleges paragraphs 1 through 128 as if fully repeated and set

forth at length herein.

130. As described above, Simone, individually, and as President of Canyon

Entertainment, has published, and continues to publish, numerous false and defamatory

statements about Damon, including the statements that Damon has not paid his taxes and that he

is going to jail.

131. The false and defamatory statements made by Simon and Canyon Entertainment

concerning the personal, professional, and business reputation and character of Plaintiff were

made maliciously and with intent to destroy Plaintiffs professional reputation and career.

132. The statements made by Simone and Canyon Entertainment denigrated Plaintiffs

reputation, and accused him of engaging in conduct and having traits incompatible with his

business as a film producer, and are thus defamatory per se under New York law.

133. As a direct and proximate result of Defendants Simone and Canyon Entertainments

conduct, Plaintiff has been impaired in his ability to earn a living as a film producer, and has

sustained and will continue to sustain loss of income in amounts that will be established at trial.

134. As a direct and proximate result of Defendants Simone and Canyon Entertainments

conduct, Plaintiff has suffered and will continue to suffer extreme mental anguish and distress.

135. As a result of the foregoing, Plaintiff is entitled to a judgment, directing Defendants
Simone and Canyon Entertainment to pay to Plaintiff compensatory and punitive damages in
amount to be determined at trial.
22
WHEREFORE, Plaintiff demands judgment as follows:

(i) on the first cause of action, for breach of contract, judgment, declaring and
adjudging that binding agreements exist between the parties, that Defendants Lee and Lee
Daniels Entertainment are in breach thereof, directing Defendants Lee and Lee
Daniels Entertainment to pay to Plaintiff compensatory and punitive damages in an
amount to be determined at trial and issue any Producer credits and ownership rights to Plaintiff
to which he may have heretofore been entitled;
(ii) on the second cause of action, for breach of the duties of good faith and fair dealing,

judgment, declaring and adjudging that binding agreements exist between the parties, that

Defendants Lee and Lee Daniels Entertainment are in breach of the duties of good faith and fair

dealing implied in said agreements, directing Defendants Lee and Lee Daniels Entertainment to

pay to Plaintiff compensatory and punitive damages in amount to be determined at trial and issue

any Producer credits and ownership rights to Plaintiff to which he may have heretofore been

entitled;

(iii) on the third cause of action, for promissory estoppel, judgment, declaring and

adjudging that a binding promise, or promises, exist(s) between the parties, that Defendants Lee
and Lee Daniels Entertainment are in breach thereof, directing Defendants Lee and Lee Daniels
Entertainment to pay to Plaintiff compensatory and punitive damages in amount to be
determined at trial and issue any Producer credits and ownership rights to Plaintiff to which he
may have heretofore been entitled;
(iv) on the fourth cause of action, for unjust enrichment, judgment, directing Defendants
Lee and Lee Daniels Entertainment to pay to Plaintiff compensatory and punitive damages in
amount to be determined at trial and issue any Producer credits and ownership rights to Plaintiff
to which he may have heretofore been entitled;
23
(v) on the fifth cause of action, conversion, declaring that Plaintiff has lawful possession
and title to property, and that said property must be immediately returned, or awarded to,
Plaintiff;
(vi) on the sixth cause of action, tortious interference with a business relationship,
judgment, declaring that Defendants Simone and Canyon Entertainment interfered with a
business relationship, and directing said Defendants to pay to Plaintiff compensatory and
punitive damages in amount to be determined at trial;
(vii) on the seventh cause of action, defamation, judgment, directing Defendants
Simone and Canyon Entertainment to pay to Plaintiff compensatory and punitive damages in
amount to be determined at trial;
(viii) interest on all sums awarded to Plaintiff;
(ix) costs and disbursement associated with this action along with reasonable attorneys
fees; and,
(x) such other and further relief as this Honorable Court deems just, equitable and proper.


Dated: September 21, 2014
New York, NY
BHUSHAN LAW GROUP, P.C.

By: /s/ Natraj S. Bhushan, Esq.
Natraj S. Bhushan, Esquire.

By: /s/ Eric Howard, Esq.
Eric Howard, Esquire

233 Fifth Avenue, Suite# 4A
New York, NY 10016
Tel.: 646-295-0629





24
VERIFICATION

STATE OF NEW YORK )
ss.:
COUNTY OF KINGS )

Damon Dash, states that he is the Plaintiff in this action and that the foregoing Verified

Complaint is true to his own knowledge, except as to the matters therein stated to be alleged on

information and belief, and as to those matters he believes to be true. His belief, as to those

matters therein not stated upon knowledge, is based upon facts, records, and other pertinent

information contained in his files.


_______________________
Damon Dash
Sworn to before me this 21st day
of September, 2014

_______________________
Notary Public



Natraj S. Bhushan
Notary Public, State of New York
No. 02BH6264129
Qualified in Kings County
Commission Expires June 25, 2016