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DANTEL D. DYDZAI(, ESQ. BAR NO. 121857 tAW OFFICES OF DA}IIEL D. DYDZAK BLVD., surrE 84? 5?8 WASHTNGTON MARTNA DEL REY, EA 90292 TELEPTTONE:(310) Afi-L289 FACSIMILE: (310) 827-4756 Atborne ys E"or Plaintiff VEL],O PERRY CARA

6 1 0

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?939 No' ce'sE BC37
CO!{PI,AINT FOR DAITAGES 1. ACCOUNTING 2. DECI,ARATORY REI,IEF 3. COI'{MONCOIINT (UN.IUST ENRICHMENT) 4. FRAUD 5. NEGLIGENCE

SUPERIOR COURTOF THE STATE OF CALIFORNIA FAR THE COUNTYOF LOS AI{GEIES
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PERRY CARAVELI,O, Plainttff,

vs.
.'NO{Y KTMMEL, JOHNNY KNOXVILI,E, DAi(OTA NORTfl EIITERTAINMENT, INC., DON BARRTS. ADAI' COROIIJI, KLSC/ 97 .1,., VrCg IiAGAZTNE, IIITZ.COM. BACKHOLE PRODUCTIONS, PARAMOUNT PTCTURES UTUBES.CO}!, and DOES L Through 100, Inclusive, Defendants.
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COMES NOtt Plaintlff, alleges as follows:

PARRYCARAVELLO, an indivldual,

and

PRELIMINARY AIJLEGATTONS 1. eln tate Plaintiff, mentloned of 2. pERRy CARAVELLO, 1s, was a resldent of and at

the County

Callfornla. Plaintiff is lnformed and berieves, and thereon al[eges;]

PI.AIHTTFI.'

S AOUPI'AI,NT

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that

KNOXVILLE' DON BARRIS and Defendant,s, .lfMHY KIMHEL. ,JOHNNY times hereln mentioned were,

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residents of the County of Los Angeles, State of (blifornla. 3. Plaintlff Is lnformed and believes, and thereon allegea, and

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that the other non-individual were at all

Defendants named herei.n, are, entities and/or

times herein nentioned,

corporations

located and doi.ng business {n the County of, Los Ange}es, State o f California.
4. Pf,aintiff of Defendants therefore Plalntiff true !s ignorant of the true nanea and capacities 100, Lnclusive, name6. all.ege Eheir and

sued herein

as DOES1 through

sues said

Defendants

by such fictitious in order to

wiIJ- amend Ehts Complaint

names and capaclties 5. Plalntlff that in ls

llhen gane are agcertained' and believes, and thereon is alleged,

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lnforned

alleges,

each of the

fictitiously

naned Defendants herein

:esponslble and that

some manner for

tbe occurrencec aLleged

Plaintiff's

damages herein

wete proxlmately

caused by their

conduct.

6.

PlaLnt,iff

!s inforrned and believes, allegesl that at all

and upon suctt tiraes herein servant and

lnfornratlon

and beLief

mentioned each of the Defendants was the agent, employee of each of the remalnlnq Defendants' acts hereinafter
scope of

and, in doing the

a1leged, was acting witbin

service

the purposer course

and with the

such agency,

and emplolltent'

sion and consent of eactr of the other Defendants. 1. on or about December 2, 2002, and continuing
about INC.

to on or

March 21, 2003, P.latnttff ('tDAKOlAo) entered lnto

and DAKOTA NORTHENTERTAINT'{IENT, agreement or contract,

a eritten

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lnter profits,

all-a, whereby Plaintiff royaltles,

would be paid certain

monles, his

compensatlon and palrments for

involvement as lead actor in the film, correct forth

WINDYCITY HEAT, True and are set

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coples of docrr.nentation evidencLng such contract in Exhiblt 'A'wbich

is attached hereto and lncorporated

by reference herein. 8. Plaintif,f filing of this has wlthin the last two years from the date of on or about February of

Complaint,

and most recently

5, 2007, made several monies owed him.

demands for payment and an aecounting belng prornised on oa about

Despite recently

February 5, 2001t that no monles, Plaintiff conpensatlon

he would be provided wlth an accountj-ng, and accounting have been provided of Exhlbit to "A-.

pursuant to the terns and conditions is informed and believes. and at all

9. Plalntlff that

end thereon alleges, times herein or other: euch and function,

Defendant .IIMMYKIMMELis,

rnentioned was, Chief Executive Offlcer, officer

President

of Defendant DAKOTA, and, in such capacity and f,raudulently

authorized nonies,

advised Defendant DAKOTA not to pay due Plaintiff film

compensatl,on and other funds rightfully

for,DVD royalities

and other proceeds from the aforesaid Exhiblt "A",

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to and in accordance tlth and described.

as hereinbefore

alleged

l0.Defendant

KIMMEL had advised

Plalntiff

in

or about

Decernber, 2OO4, and on other subsequent occaslons,

about February 5, 2001, that Plaintlff

LncJ-udlng on

would recelve

yaltles,

proflts

and monles ohredPlaintlff

from ovn sales and

sources pertainlng 1l.Plaintif,f

to the subject movle. and thereon alleges,

ls informed and believes,

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15.

As well,

plaintiff,

was physlcally

hurt on or about provocation by

september 27, 2006, when he vrag attacked wlthout

Defendant BARRTS and had his upper body and neck hit, substantial injurj,es as a resuLt thereof, shortly

sustaining

before his

5 6 7 I 9

appearance on the Jilury Kinmel show.

FInS!! CltUSE OF egtroll (ACCqtrEntc)

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(lcllilst 16. Plaintiff set forth Complaint. 1,6. Plaintlff herej.n, refers

rIiL DEtltrDAr|llsl to, and lncorporates, as though fully of the

Paragraphs I tlrough 15, inclusive,

is informed and believes,

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and thereon and fraudulent and refusing

alleges,

that,

in doing the unlawful,

wrongful

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acts herein nentioned, to pay Plaj-ntiff the

and, ln partlcular,

failing

monies and funds owed him, as berein alleged, their

Defendants, and each of them, have placed lnto accounts, and coJlected, hereto,

buslness and personal

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bought, acquired funds, and property, or

and received,

at a1I tlmes material

certaln

penslon benefit,e, monies, proceeds, assets, eguity rsonal, real, and inchoate,

uhich are owned by, belong to, in part or whole, the exact
be ascertalned without an

rightfully
nature

owed to Plalntiff,
which cannot

and arnount of of same.

accounting

PIAIIIIIFE'

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L7. Februaryt

on several

occasions,

and nost recentry

in or about

2007, Plaintlff

demanded that, Defendants, and each of monies,

them, account for the aforementloned fundg, benefits, proceeds, assets, eguity and property,

and pay the amount found

to be due to P laintiff. 18. The Defendants, and each of then, and contrnue to fair Plaintiff and refuse, failed and refused, and pay

to render an accountlng

the arnount which ia right,fully

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found to be due him.

sEcorD ciltgE oF.tctrqf DE,CIARJIIORIRIII.IEtr (ecrnflsT 19. Plaintiff realleges, e[l. DEElrtD]rrtF[s) by

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refers to and incorporates set forth herein,

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reference

hereln,

as though fully

paragraphs

through 18, inclusive, 20. An actual between Plalntiff

of the Complalnt. and now exists,

controversy has arlsen,

and the Defendants, and each of them,

concerning the following.

21. Plaintiff contends, and the Defendants, and each of

them, dispute,

that

Plaintiff

is owed monies, out of pocket alleged, plus legal

xpenses, and other nterest thereon

funds, as herelnbefore

from the date said nonies and funds should provided, handed over and

have, in fact

and law, been paid,

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disbursed by the Defendants and each of them. Plaintiff contends that he is owed ten mil.lion deslres a judiciaL dollars,

further

as hereln alleged. of each

22. Plaintiff
a 5 6 7 8 9

determlnation

part,y's

rights

and dutles

with respect to the foregolng and determination are necessary

contentions. ln order that due her, a lle ged.

Such a declaration Plaintiff

can recover any and all, monies and funds legal lnterest thereon, as hereln

plus approprlate

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.IIEIRD CIBSI OF NCEIGI (co|lDr (eGAIrgI 23. Plaintiff reference herein, realleges, counIl

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rIiL DEFAtDAIrtsS) tefers to and incorporaLes by

as though fully

get f,orth herein,

Paragraphs 1

through 22, inclueive, 24. 9lithln

of the Complalnt. past, in the County of Los

f,our. years last

Angeles, State of Callfornla, b e came indebted to P lain t if f

the Defendants, and each of then, ln t h e s u m o f $ 1 0 , 5 0 0 , 0 0 0 . 0 0 f o r not paid for, as herein

nronies taken and conEractual obllgatlons a IIeged. 25. Zero (0) dollars

2r
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of said surn has been paidp and there

ins due, owlng and u n p a id t h e s u rn o f $ 1 0 r5 0 0 r0 0 0 . 0 0 . 26. Although demand has been rnade upon the Defendants,
each of them, for the balance to fall
PLAItttIEE.

and

due,

said

Defendants to

have not paid sum or any

saLd sum, and contlnue

and refuse
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pay said

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part theteof, enrlchment.

to PlalntLtt'

s damage and said Defendants'

unJust

Fo(RtrE cNrg! (DnAID) lrqAnrgtr 2'1. reference Plaintiff herelnr lI&

ot estrcf

DE!'ADa!|3S) refers to and incorporates by

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realleges,

Paragraphs 1 through 26, inclusive,

of the

Complaint. 28. present,' Plaintlff BeginninE on or about 2004t and continuing Defendants farsely that and fraudulentry for to the to

rpresented the radlo

they would pay praintiff and royaLties,

incident

and compensation, profits herelnbefore 29alleged.

and revenue. as

These representations

by Defendants hrere made to act in the manner hereln

r 9 with the intent

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Eo lnduce Plaintiff thereon.

alleged 30.

in reliance Plaintiff,

at the time of the aforesaid took the actions of the facts rf plalntiff which had

representations, herein alleged,

and aE the tlme plaintiff

was l,gnorant of the existence to disclose.

facts not to

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fendante suppressed and fatred

aware of Defendant, nanner th existence

of the

disclosed

by said ln the

Pralntiff

wourd not alleged.

PI.AIIITIFE

have agreed

have acted

hereinbefore

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that

Defendant DoN BARRTS has wrongfurry income fronr selling

collected

monies,

revenues and other misappropriating Plalntiff's t2.

products,

Plaintiff'

s nane, and otherwise converting the latterrs perm5,ssion or consenL. pronised involved

rikeness lrithout

Defendants DAKOTA and JrMMy KTMMEIfurther that Plaintiff would be slginlficantry fitn

and represented

in seguels to lfindy clty

Heat, a cult

crass5.c, knowing that and mlsleadl,ng. and thereon collected

said promi.ees and represenbatlons 13. alleges, nonies, Plalntiff that

were false

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is j-nformed and believes,

Defendant DoN BARRTS has wrongfully income fronr selling name and likeness,

revenues and other Plaintiff's

products,

misappropriating L4.

On or about Septernber 27, 2006, plaintiff

appeared on

the Adam CorolLa radio

show as part of the promotLon of the was would be pralniff,

release of the DVD sales of Wlndy Clty Heat. plaintlff promised by Defendant JoHNNy KNO)ffrLLE that paid 10 million Plaintiff doLl.ars tf

he praced his penis in a ntousetrap.

1e

agreed to do so, and, nuch t,o hig emotional and to his physicar riteralry harnr, was severely inJured when proxlmate for

19 tranquility 20 2t 22 2a
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the trap result

went on hls manhood. As a dl-rect, Plalntiff

thereofr

had to seek out medical aseietance The aforementioned

said injuries, has wlthout disseminated riation

pain and humlliation. PlalntlfE's

lncldent

permLsslon and consent been widely on the rnternet, to his prejudice,

and circulat,ed

and emotional traurna. The named Defendants did the incident

fllmed the

hing to prevent
tudio, consent. and actuarly

from happening at the radlo

event without his permisslon or

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31.

The aforementioned. conducE of Defendants was mlsrepreseDtatLon, or facts decelt or concealment, of a the

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an intentional tnaterlal fact

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known to said Defendants, with

intentlon Plaintiff injury. Pralntlff

on the part of property

of said Defendants of thereby depriving or legal rights or otherwlse causing

Such despicable

and dlshonesb conduct subjected

to a cruel and unJust hardship in congcrous dlsregard rights, damages. so as to Justlfy an anard of exemplary

of Plalntiff's
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and punitive

DrrlB crnsB or egrloil

IIECLIG@TCE

(ecnrHgl AIIL DEratDtms) 32.

set forth

Plaintiff
herein,

refers to and incorporates, as though fully

the preceding Paragraphs and aLlegations of

the Complaint. 33. enotional Plaintlff suffered several personal direct inJuries and of, the alleged

traurna as a proxtmate,

and legaL result hereinbefore

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radl,o incident and described.

34. tal

and the assaul.t and battery,

Plaintiff and speclal,

is

therefore

entitled

to

recover

damages, to

as well

as loet

earnings,

according

proof at or before trlal.

I{HER"EFORE, Plaintiff praye Judgment as fol}ows:

-9PI,AINTIFT'S @UPI"AINT

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oN FIRST CAUSEOr ACTTOT! L. For an accounting; 2. For the palrnent of any suns found due, according proof; 3. For legal lnterest thereon f,rom the date such gums were to

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due, according

to proof; hereln; and reli.ef as the court deems

4. For costs of suit

5. For such other and further proper in the premises. o4_qEcoNp cA0gE_q.E .$crloN 1. For a judicial duties; 2. For a determination For costs of suit

d e t e rmin a t lo n o f p ra ln t lf f ' s

rig h t s

and

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of any sun found due;

3.

h e re t n ; a n d rerief as the court deems

4 - For such other and further ptoper in the premises.

oN Tr{rR,p cAusE oF ACTTON 1. For the sum of t 1 0 , 5 0 0 . 0 0 0 . 0 0 ; 2. For regal

of the Conplaint;

interest

thereon,

from the date of the filing

3. For costs of suit h e re ln ; a n d 4- For such other and further

proper in the premises.

relief

as the court

deems

ON FOURTB CAUSE OE'ACTION

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1. For general. damages, accordtng to proof; 2. For punitive damages, accordlng to proof; incurred hereini relief and as the Court may deeut

3. For costs of suit 4. For such other

and further

proper in the premlses. oN FrFTH CAUSEOq ACTION 1. 2. 3. 4. For general and special darnages, according to proof;

For medical expenses and specials, For costs of suit lncurred herein; reltef

according to proof; and as the Court may

For such other and further

deem proper in the premises.

LAW OFFICES OF DANIEL D. DYDZAI(

May 5, 2007
gl . v f l ! -g s v-

Attorney

For Plai

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-11s mlrpr.ernr

PraINtIrF,

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