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© ORIGINAL MARK MERMELSTEIN (STATE BAR NO. 208005) ‘mmemnelstein@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 777 South Figueroa Street, Suite 3200 Los Angeles, California 90017 Telephone: (213) 629-2020 Facsimile: (213) 612-2499 JACOB M, HEATH (STATE BAR NO. 238959) jheath@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road, Menlo Park, CA 94025-1015 Telephone: (650) 614-7400 Facsimile: (650) 614-7401 Attomeys for Plaintiff JANE ROE ol > b< G FILED NOV 13 2017 Shert Cink &y Deputy ‘Gomer SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES JANE ROE Plaintiff, BC68 3885 CASE NO. COMPLAINT FOR: w @ @) (4) DOES 1-10, inclusive. Defendants, VIOLATION OF CAL. PENAL CODE § 528.5; VIOLATION OF CAL. BUS. & PROF. CODE § 17525; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; DEMAND FOR JURY TRIAL ‘COMPLAINT, DEMAND FOR DURY TRIAL oct 4 Pagel 1 ~ Doo 19 = 1727120155 ~ Doo Type = onR or 90a - z velita t fom vemmo = 9s oon - seroereter = ey ‘ Go crryoase? LER /DEFE: Bosses s1ai4e17 og, $435.00, oy 243.0 a 310 $435. 00 30.00 $0.00 $0.09 980 6102 Fes 7 G0 “WRAL BIO) 62 7D 2083 gar eT aT er 302 06na) (rage 3 of 13) COMPLAINT Plaintiff JANE ROE alleges as follows: THE PARTIES 1. JANE ROE (‘Plaintiff’) is an individual who resides in the city of Los Angeles, California, 2 Plai iff does not presently know the true names and capacities ofthe defendants sued herein as Does 1 through 10, inclusive (collectively the “Defendants”). Plaintiff will seek leave of the court to amend this complaint to allege said Defendants’ true names and capacities as soon as Plaintiff ascertains them, 3. Third party GoDaddy, Inc. (“GoDaddy”) is a technology company that offers Internet-related services, including Intemet hosting services, email accounts, Intemet domains, and cloud storage. GoDaddy has offices at 1020 Enterprise Way, No. 300, Sunnyvale, California 94089. As described herein, GoDaddy is the registrar for the Internet domain that Defendants used to, among other things, impersonate Jane Roe and to cause her the harm described herein. 4. Third party ProofPoint, Inc, (“ProofPoint”) is a technology company that offers cybersecurity and Internet security services. ProofPoint has its headquarters at 892 Ross Drive, Sunnyvale, California 94089. As described herein, Plaintiff i informed and believes and thereupon alleges that ProofPoint provides email security services for the email mail server Defendants used to impersonate Jane Roe and to cause her the harm described herein VENUE 5. This Court is the proper venue for this action because Defendants’ conduct ‘occurred within the jurisdictional boundaries ofthis Court. Accordingly, venue is appropriate in the county of Los Angeles pursuant to California Code of Civil Procedure Section 395. DEFENDANTS’ ATTEMPTS TO IMPERSONATE JANE ROE, 6. Inorabout early October 2017, Defendants sent several emails to high-level ‘executives and creatives at several production companies in Los Angeles County (“targets”). In those emails, Defendants attempted to impersonate Plaintiff, using a spoof of her actual email address and company name. During this same time, Defendants also made several phone calls, in oe ‘COMPLAINT, DEMAND FOR JURY TRIAL ‘Doo 1 Pagel 3 = Doc ID = 1717120135 - noo type = oma cage 6 of 13) 1 | which Defendants attempted to impersonate Plaintiff, to these same people. 2 7. Imorder to send these impersonating emails, Defendants used an email account that spoofs Plaintiff's professional email account and her company name, in order to impersonate Plaintiff and deceive the intended target of the email. Plaintiff's regular professional email is: JaneRoe@RoePictures.com, whereas the Defendants’ spoof email is: JaneR@Roefilms.com. 8. Plaintiff's informed and believes and thercupon alleges that on or around Thursday, October 5, 2017, Defendants registered the spoof email’s domain with GoDaddy. Defendants Further utilized a protetion service called Domains by Proxy in order to hide their true identity. 10 9, Plaintiffs informed and believes and thereupon alleges that Defendants —in 11 | addition to using GoDaddy's Domains by Proxy services—are also using ProofPoint's email 12 | security services. In particular, the IP address associated with Defendants’ spoof email account 13 | shows that ther email server is directing trafic to server hosted at ProofPoint, Plaintiff is 14 | informed and believes that ProofPoint’s IP address is only associated with ihe email account 15 | because the Defendants are using ProofPoint's email security service, Essentials Platform, which 16 | filters the Defendants email for spam or malware before Defendants’ emails are sent out, The 17 | emaits, instead, ae originating at Defendants’ source email server, which appears to be an Office 18 | 365 email server. 19 10. Upon information and belief, at least one of Defendants’ targets appears to be 20 | believe that the fake emails Defendants are sending are originating with Jane Roe. 2 11. For the impersonating phone calls, Plaintiff is informed and believes that 22 | Defendants initially used a United Kingdom cell phone registered with Three Network. The 23 | number is 44 7411 957931. A search on Who-Called.co.uk, a site where individuals can lodge 24 | complaints against phone numbers, revealed an entry from September 2, 2017 that claimed this, 25 | number was being used to “scam people in the entertainment industry in the United States. They 26 | are pretending to be producers and asking for personal information such as credit card numbers.” 27 | Later, Defendants used other numbers, including: (1) 360-770-7747, a number associated with 28 | Verizon and located in Marble Mount, Washington; (2) 646-328-3937, a number linked to XO 3 ae ‘COMPLAINT, DEMAND FOR SURV TRIAL oot 2 Pagel 4 - Doe 1D = 1717120138 ~ Doo Type = ona (ago 5 of 1) 1 | Communications and possibly VOIP or Vonage service and located in New York, New York; (3) 2 | 424-234-116, a number linked to Bandwidth.com, GoogleVoice, or another virtual number, and 3 | located in Malibu, California, 4 12. During the impersonating phone calls, Plaintiff is informed and believes that a 5 | female Defendant caller attempted to copy Jane Roe’s voice and manner of speaking using an 6 | authentic American accent, and each of the targets believed they were speaking with a women 7 | older than forty years old. In all conversations, Defendants almost immediately said they were 8 | sceking the private contact information of the next target. Defendants had leamed details of 9 | business relationships between Defendants’ targets, including films that the target and Jane Roe 10 || had worked together on, Defendants were complimentary ofthe target's work and used flattery 11 | to try and gain further information regarding the targets. Defendants'mentioned Jane Roe's 12 | Malibu home multiple times, And, in atleast two instances, Defendants attempted to solicit | 13 | sexual conversations with her targets. Defendants’ conversations have taken an inereasingly 14 | flirtatious and sexual tenor. Upon information and belief, at least one of Defendants’ targets who | 15 | received these fake phone calls believed they were talking to Jane Roe. | 16 13, Plaintiffs informed and believed that on or around October 20, 2017 and October 17 | 26,2017, amale Defendant impersonator, called several targets cla jing to be associated with 18 ] Jane Roe, and attempting to set up appointments for Jane Roe. This impersonator used the same 19 | three numbers that the female Defendants caller used when impersonating Jane Roe. 20 14, Asa result of Defendants’ impersonation, Jane Roe has suffered extreme 21 | humiliation, embarrassment, mental anguish, anxiety, and emotional distress. 2 FIRST CAUSE OF ACTION 2B VIOLATION OF CAL. PENAL CODE § $28.5 2] 15. Plaintiff hereby repeats and incorporates the allegations contained in paragraphs | 25 | through 14 as though filly set forth herein. 26 16. Defendants knowingly and without consent impersonated Jane Roe trough 27 | electronic means, including through an email account and/or voice-over-internet-phone, for "5 28 | purposes of harming Jane Roe and/or defrauding another person, including high-level executives o 3. “COMPLAINT, DEMAND FOR JURY TRIAL Deoh 4 Baget 5 - Doo 3D = 1717120138 - Doo type = om : e e 1 | of production companies that Jane Roe conducts business with. 2 17. Defendants credibly impersonated Jane Roe because atleast one ofthe high-level 3 | executives did reasonably believe that the Defendant(s) was Jane Roe. 4 SECOND CAUSE OF ACTION 5 VIOLATION OF CAL. BUS. & PROF. CODE § 17525 6 18. Plaintiff hereby repeats and incorporates the allegations contained in paragraphs 1 7 | through 17 as théugh fully set forth herein. 8 19, Defendants, with bad faith intent, registered and/or used a domain name that is 9 | confusingly similar to the personal name of Jane Roe. 10 ‘THIRD CAUSE OF ACTION wv INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 2 20, Plaintiff hereby repeats and incorporates the allegations contained in paragraphs 1 13 | through 19 as though fully set forth herein, 4 21, . Defendants’ conduct set forth above was extreme and outrageous and would be 15 | highly offensive to reasonable people. 16 22, Defendants’ conduct was intended to cause severe emotional distress to Plaintiff, 17 | or was done in conscious disregard of the possibility of causing such distress, Defendants picked 18 | Plaintiff because of her fame, reputation, and goodwill inthe movie industry, Defendants then 19 } intentionally chose to impersonate Plaintiff in communications with Plaintiff's business 20 | colleagues in a manner that was intended to harass Plaintiff's business colleagues and humiliate 21 | and demean Plaintiff, especially by impersonating Plaintiff in a sexual manner. 2 23. The foregoing conduct did in fact cause Plaintiff to suffer extreme emotional 23 | distress. As a proximate result of Defendants’ conduct, Plaintiff suffered and will continue to 24 | suffer extreme humiliation, embarrassment, mental anguish, anxiety, and emotional distress, and 25 | will continue to suffer said emotional distress inthe future in an amount to be proven at tral. 6 FOURTH CAUSE OF ACTION 2 NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 28 24, Plaintiff hereby repeats and incorporates the allegations contained in paragraphs 1 -4- ‘COMPLAINT: DEMAND FOR JURY TRIAL ‘ooh 1 Paget 6 ~ Doe 3D = 1717120135 - Doo type = oma (age? of 19 10 u 12 4 Is 16 7 18 9 20 a 2 2B 24 25 26 27 28 through 23.as though fully set forth herein. 25. including impersonation of a sexual nature, would cause Plaintiff extreme emotional distress. As ‘ proximate result of Defendants’ negligent conduct, Plaintiff suffered and will continue to suffer extreme humiliation, embarrassment, mental anguish, anxiety, and emotional distress, and will continue to suffer said emotional distress in the future in an amount to be proven at tial WHEREFORE, Plaintiff prays for judgment as follows: 1 2 3 Dated: November 13, 2017 Defendants knew or should have known that their impersonation of Plaintiff, PRAYER FOR RELIEF For injunctive relief preventing further impersonation of Jane Roe; For compensatory damages; For statutory damages, For punitive damages; For restitution; For unjust enrichment; For attorneys’ fees, as allowed by law; For costs of suit herein incurred; and For any other and further relief that the Court deems just and proper. | MARK MERMELSTEIN. JACOB H. HEATH, Orrick, Herrington. -5- ‘COMPLAINT, DEMAND FOR JURY TRIAL ‘och 1 Paget 7 - Doo 1D = 1727120135 - Doo Type = oman rage 8 of LOU E TT 2 waueun DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury on all claims. Dated: November 13, 2017 rringtomt @\Sutelifie LLP eee HEATH ys Yor Plaintiff aos ‘COMPLAINT; DEMAND FORTURY TRIAL, - ‘oop 4 Faget @ - Doo 3p = 1717320138 - Doo type = oma (rage 9 of 38) ~ = @ ORIGINAL ~@ = ‘reusene x0: (213) 629-2020 soxvo: (213) 612-2499 ounty a! Los Angeles, cron ron, Plaintiff Jane Roe, = > BS [amon cour or narra counryor Los Angola Nov 13 2017 nt O) ‘ecotuse iT Non il Secs on Smeince Lo Angles CA 80012 | a onanchnane Stanley Mosk Courthouse ce Gomez ce Hse, Does( tough 1) tse CIV CASE COVER SHEET > nsecuconenain |" BCG R 39 ak a center C2 votntr 2058 33g! demanded ‘demanded is Filed with fest appearance by delendant ae scree izsouy Séscovaremy| ""(Sainsascreaut cst) | are ams 1-6 bot ius! be conblaled sve suctons OFag0 2. 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