1

JAMES P. FOX, DISTRICT ATTORNEY

County of San
2
3 4
5

Mateo, State of California

State Bar No. 45169 Hall of Justice and Records 400

SAN

FILED MAteO COUNTY

MA'f 4"

County Center, Third Floor City, CA 94063 By Chuck Finney, Deputy Telephone: ( 650) 363- 4097 Attorney for Plaintiff
Redwood

lO1Q
court

c~

ay

LERK

6 7

8
9

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SAN MATEO

10
11 12

THE PEOPLE OF THE STATE OF CALIFORNIA No.

Plaintiff,
v.

aY49474,S

CASTING TALENT NETWORK, INC.,

COMPLAINT FOR CIVIL PENALTIES, RESTITUTION, AND OTHER RELIEF

dba Talent6, 13

Defendant.
14 15

16 17 18 19 20 21
22

The

People of the

State of California

appearing by

and

through

James P. Fox, District

Attorney

of San Mateo

County, by Chuck Finney, Deputy District Attorney, alleges

upon

information and belief:

L

JURISDICTION AND VENUE

1.

The

authority

of the San Mateo

County

District

Attorney

to

bring

this action is derived from the

statutory law of the State of California, specifically Business and Professions ( hereinafter B & P)
Code Sections 17200, 17203, 17204, 17206, 17500, 17535, and 17536.
2. This Court has jurisdiction of the
matters

23 24

subject

matter of this action and of the

parties.

Venue

as

to all

25

between the

parties relating

to this action is proper in this Court.

PEOPLE V. TALENT6 COMPLAINT

Page

1 2 3 4 5 6 7 8 9

3.

The Plaintiff, by this action and pursuant to Business and Professions Code sections 17200,

17203, 17206, 17500, 17535, and 17536 seeks to

enjoin

the Defendant from

engaging

in business

practices alleged herein

Defendant'
s

and seeks to obtain

consumer

restitution and civil

penalties

for the

violations of the above mentioned statutes.

a

NATURE OF THE CASE

4. At all times herein mentioned,

Casting
as

Talent Network, Inc. ( hereafter Talent6)

was

and is

California Mateo

corporation doing business

Talent6 with its

principal place
on

of business located in San

consumers

County, California.

Talent6 advertises and solicits in the entertainment

s

the Internet to

who

are

10
11 12 13 14 15

interested in
or

pursuing

a career

industry

or

working

as an

extra in motion

pictures
are

programs

by joining
as

Talent6'

service which Talent6 represents will

help

consumers

who

seeking
how

work
can

motion

picture

or

television show extras, actors, models, will

and

help
a

consumers

learn

they

be contacted

by casting directors

producers, and

will

provide

service

so

that

consumers can

submit their
s

photos

and

personal information to casting calls and

s

open auditions

posted

on

Talent6'

website.

Talent6'

solicitation activities include the

use

of toll- free

telephone

16
17

numbers in order to promote its services. The Defendants transact business within and from the

County

of San Mateo,

throughout the

State of California, and

nationally.

The violations of law

s

18
19 20 21 22 23 24

alleged herein have been

and

carried out within and from the

County of San

Mateo. Talent6'

Internet

telephone solicitations
s

have resulted and continue to result in

consumers

responding by calling
The

Talent6'

800

telephone
or

number and

entering

into agreements with Talent6 for its services.

or

Defendants made
and have

caused to be made untrue

misleading

statements and material fact omissions

engaged

in unfair

competition

and unlawful business

practices

as

herein

alleged in the

County
5.

of San Mateo, California, State of California, and

nationally.

During

all times herein

alleged

and

continuing,

Talent6 has solicited and continues to solicit

25

consumers

both in and outside of the state of California to

purchase its services offered

on

its

PEOPLE V. TALENT6 COMPLAINT

Page

1 2 3 4

website.
6. At all times herein mentioned and

continuing, Defendant Talent6 engaged

employees

in, and caused,

permitted,

andlor ratified the activities of its and made, caused to be made,

consumers

and agents who committed unfair

untrue
or

competition,

permitted, andlor ratified

misleading

statements

5
6 7

and material fact omissions to Talent6'

s

in order to induce

consumers to

purchase

Defendant

services in violation of Business and Professions Code sections 17200 and 17500.

7. Whenever reference is made in this

complaint

to any act

or

omission, and/ or the

making of or by

8
9 10

causing

the

making

of untrue

or

misleading

statements andlor omission of material facts

Defendant, such reference shall be deemed to directors,

untrue
or

mean

Defendant Talent6'
or

officers, managers,
or

employees, agents,

or

representatives did, authorized,

ratified such acts

omissions,
in the
course

11
12 13
14

misleading

statements andlor omission of material facts while

actively engaged acting

management, direction

or

control of the affairs of said Defendants

or

while

within the

and scope of their duties.

15 16

III.

FIRST CAUSE OF ACTION

17
18

UNTRUE OR MISLEADING STATEMENTS AND OMISSION OF MATERIAL FACTS BUSINESS & PROFESSIONS CODE SECTION 17500
8. Plaintiff alleges and
as

19
20 21 22
23

incorporates by reference
entirety.

all

allegations

contained in

paragraphs

through

7,

though

set forth herein in their

9. Within three ( 3) years

prior to the filing of this complaint, the Defendants have engaged in

practice
II II II

to violate and

violated Business and Professions Code section 17500.

24 25

PEOPLE V. TALENT6 COMPLAINT

Page

1
2

IV.

SECOND CAUSE OF ACTION

UNFAIR COMPETITION BY DEFENDANTS IN VIOLATION OF BUSINESS AND PROFESSIONS CODE SECTIONS 17200 AND 17203

3
4 5

10. Plaintiff incorporates 11. Within four (4) years

by reference paragraphs

through

as

if set forth herein.

6
7 8 9

prior to

the

filing

of this

complaint,

the Defendants

knowingly and

willfully have engaged

17200

in unfair

competition as defined
practices

in Business and Professions Code Section

are

by engaging

in the acts and

which include, but

not

necessarily limited to,

the

following:
a)

10 (
11

making

or

disseminating untrue

or

misleading

statements,

as more

specifically

set

forth in the First Cause of Action, in violation of Business and Professions Code section 17500.
V.

12
13 14

PRAYER

15
16

WHEREFORE, Plaintiff prays for judgment

1.

as

follows:

That the Defendant and its officers, managers,

successors,

employees, agents, corporations,

or

servants,

partners,

17 18
19

representatives,
concert
or

assignees, and all

persons,

and other entities

acting

in

in

participation

with the Defendant, who have actual from

constructive
untrue

knowledge ofthe
or

injunction,

be

permanently enjoined

making
as

or

causing to be made

misleading

20 21 22
23 24

statements and omissions of material facts

set forth in

paragraphs

8 and 9, above, and from

engaging

in unfair

competition

as set

forth in

paragraphs

10 and 11, above, pursuant to Business and

Professions Code Sections 17535, 17203 and 17204.

2.

That the Defendant pay to Plaintiff a civil

penalty

in the amount of Two Thousand Five Hundred

Dollars ($ 2, 500) for each separate act in violation of Business and Professions Code Section 17200,

25

pursuant to Business and Professions Code Section 17206, according to proof;

PEOPLE V. T ALENT6 COMPLAINT

Page

1 2

according
3.

to

proof; penalty
in the amount of Two Thousand Five Hundred

That the Defendant pay to Plaintiff a civil

3
4 5 6 7 5. 6.

Dollars ($ 2, 500) for each separate act in violation of Business and Professions Code section 17500, pursuant to section 17536,
4.

according

to

proof;
of

That the Defendant be ordered to make restitution of all funds it has Business and Professions Code sections 17200 and 17500; That the Defendant be That Plaintiff be

acquired by its violations

required to pay plaintiff s

costs of suit; and

8
9 10 11 12

given

such other and further relief as the nature of the

case

may

require

and the

court deems proper and

just.

Dated:

May

f,

2010

JAME~

DI: TRlCT ATI~RNEY

13

BY~_ #
14
15

c:
eputy

CHUCK FINNEY

Attorney for PIa' tiff

16 NOTE that this action is 17

by the People

of the State of California and therefore the

answer to

this

complaint must be verified. Code of Civil Procedure Section 446.

18 19

20
21
22

23 24 25 PEOPLE V. TALENT6 COMPLAINT

Page