F. Bari Nejadpour (SBN 216825)
Law Offices of F. Bari Nejadpour & Associates P.L.C.
3540 Wilshire Blvd. #715
Los Angeles, CA 90010
Attorney for: William Silverstein
CALIFORNIA SUPERIOR COURT
COUNTY OF LOS ANGELES
CENTRAL DISTRICT - UNLIMITED CIVIL
WILLIAM SILVERSTEIN, an individual,
T.J. WEB PRODUCTIONS, LLC,
NINO ENTERPRISES, INC.,
and DOES 1-50;
Plaintiff alleges as follows:
1. Plaintiff WILLIAM SILVERSTEIN is an individual that resides in Los Angeles, California.
2. Plaintiff is informed and believes and thereon alleges that at all times relevant herein Nino Enterprises, Inc.(“NINO”), is a corporation duly organized and recognized under the laws of the State of Nevada.
3. Plaintiff is informed and believes and thereon alleges that at all times relevant herein T.J. Web Productions, LLC (“TJ”) , is a corporation duly organized and recognized under the laws of the State of Nevada.
4. Plaintiff is ignorant of the true names and capacity of Defendants sued herein as
DOES 1-50, inclusive, and therefore sues those Defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacities when ascertained.
5. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named Defendants are responsible in some manner for the occurrences herein. Plaintiff is informed and believes and thereon alleges that these occurrences are the proximate cause of damages to Plaintiff.
6. Plaintiff is informed and believes and thereon alleges that at all times relevant herein DOE Defendants were the agents, servants, employees, and the co-conspirators of the named Defendants and all Defendants are doing the things hereinafter mentioned were acting within the course and scope of their authority as such agents, servants, and employees with the permission, consent, and encouragement of their co-Defendants.
7. Plaintiff is informed and believes and thereon alleges that Defendants have a high degree of control over any agents that have been contracted and paid to send advertising through email.
JURISDICTION AND VENUE
8. Plaintiff brings this action pursuant to Section 17529.5 of the California Business and Professions Code.
9. The harm occurred within the jurisdiction of this Court as the email messages complained of herein were received by Plaintiff in Los Angeles, California.
10. Plaintiff is informed and believes and thereon alleges that Defendants were aware that Plaintiff is located in Los Angeles California.
11. Defendants agreed to California jurisdiction.
12. Plaintiff is informed and believes and thereon alleges that all Defendants regularly solicit business from residents of the State of California.
13. Plaintiff is informed and believes and thereon alleges that all Defendants regularly conduct business with residents of the State of California and businesses domiciled within the State of California.
14. Plaintiff is informed and believes that Defendants operate their business from locations in California.
FACTS COMMON TO ALL CLAIMS
15. “Spam” is a term commonly used to refer to unsolicited commercial e-mail, which is a method of Internet advertising that involuntarily shifts the cost onto the ISP, the email service provider, and the recipient.
16. The practice of sending spam, also known as spamming, is so reviled on the Internet that the people sending spam (“spammers”) go to great lengths to hide their identities to avoid complaints made by recipients, Internet service providers, and government agencies.
17. Plaintiff is informed and believes and therefore alleges that he did not have a preexisting relationship with any of the Defendants.
18. Plaintiff is informed and believes and therefore alleges that Defendants sent the complained of spam messages knowing that the spam were not welcome, not wanted, and in violation of State and Federal law.
19. Plaintiff has received and identified at least 9 illegal spams advertising Defendant Nino Enterprises Inc’s web sites between June 1, 2004 and February 28, 2005. Plaintiff expects to find many more as discovery and investigation is ongoing.
20. Plaintiff has received and identified at least 120 illegal spams advertising T.J. Web Productions LLC’s between May 7, 2004 and October 1, 2004. Plaintiff expects to find many more as discovery and investigation is ongoing.
21. Plaintiff is informed and believes that and therefore alleges that named Defendants all hired the same spammer or the same spam gang to send illegal spam on their behalf or otherwise cooperated in the sending of the spam email messages at issue in the instant action.
22. Most of the complained of spams contain a link to a web page on a “throw-away domain” which automatically forwards, or redirects, the resulting Internet traffic to the advertised web sites.
23. Plaintiff defines a “throw-away domain” as one which a spammer registers with the intent to use the domain for only a short time.
24. “Throw-away domains” are often registered using false whois information.
25. “Whois information” is the publically accessible ownership and administrative contact about an Internet domain name.
26. Plaintiff is informed and believes and thereon alleges that at all times relevant herein, Defendants went to great lengths in hiding their identities.
27. Plaintiff is informed and believe that and therefore alleges that Defendants will continue to advertise in this unlawful manner unless enjoined by this Court. This Court has jurisdiction to issue a permanent injunction because restraint is necessary to prevent a multiplicity of judicial proceedings.
FIRST CAUSE OF ACTION
(VIOLATION OF CALIFORNIA BUSINESS AND PROFESSIONS CODE § 17529.5)
(Against All Defendants)
28. Plaintiff hereby incorporates by reference paragraphs 1 through 27, inclusive, as if the same were fully set forth herein.
29. Defendants are “advertisers” pursuant to Cal. Bus. & Prof. Code § 17529.1(a) because they are persons or entities that advertise through the use of commercial e-mail advertisements.
30. Plaintiff’s email addresses are “California email addresses" pursuant to Cal. Bus. & Prof. Code § 17529.1(b).
31. Pursuant to Cal. Bus. & Prof. Code § 17529.1(m), Plaintiff is a “recipient” of unsolicited commercial email advertisements initiated by Defendants.
32. Plaintiff is informed and believes and therefore alleges that the complained of emails contained or was accompanied by falsified, misrepresented, or forged header information.
33. Plaintiff suffered damages as a result of Defendants’ wrongful conduct.
34. Plaintiff is informed and believes and thereon alleges that Defendants have willfully engaged in, and are willfully engaging in, the acts complained of with oppression, fraud, and malice, and in conscious disregard of the rights of Plaintiff. Plaintiff therefore is entitled to and demands exemplary damages in an amount sufficient to deter the Defendants,
and others, from behaving in such egregious behavior.
WHEREFORE, Plaintiff prays for judgment against all Defendants herein for damages as set forth in the Prayer for relief.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them as follows:
A. An Order of this Court enjoining Defendants, and each of them, and their agents, affiliates, servants, employees, and all persons acting under, in concert with them, from sending misleading commercial e-mail to Plaintiff or though Plaintiff’s servers;
B. Statutory damages of $1,000 for each the complained of emails received from Defendants;
C. General damages in an amount to be determined at trial;
D. Punitive damages in an amount to be determined by this Court, but not less than $1,200,000.00;
E. Attorney’s fees and costs as allowed by law; and
F. For such other and further relief as the Court may deem just and proper.
Dated: May 23, 2006
F. Bari Nejadpour
Attorney for William Silverstein
The undersigned, for himself, declares:
I am Plaintiff in the above-entitled action. I have read the foregoing complaint and know the contents thereof. With respect the causes of action alleged by me, the same is true of my own knowledge, except as those matters which are therein stated on information and belief, and, to those matters, I believe them to be true.
I declare under the penalty of perjury under the laws of the State of California that the forgoing is true and correct.
Dated: May 23, 2006
William Silverstein, Plaintiff