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LAW OFFICES LOPEZ & ASSOCIATESANTHONY R. LOPEZ (State Bar No. 1496|53)9025 Wilshire Blvd., Suite 500Beverly Hills, CA 90211Telephone: (310) 276-4700

THE MENCHACA LAW FIRMALEJANDRO MENCHACA (State Bar No9025 Wilshire Blvd., Suite 500Beverly Hills, CA 90211Telephone: (213) 792-0877

LOPEZ & PRAJINGEORGE L. PRAJIN (State BarNo. 28005f)620 Newport Center Drive, Suite 1100Newport Beach, CA 92660(949)200-4607

Attorneys for Defendants, Jenni Rivera Enterprises, Inc

220471)

UNITED STATES

CENTRAL DISTRICT

DISTRICT COURT

OF CALIFORNIA

JENNI RIVERA ENTERPRISES, INC.

Plaintiff,

LUCIO and1-5, inclusive,

vn-76U* tffrI Case No.

COMPLAINT FOR:

COPYRIGHTINFRINGEMENT

DEMAND FOR JURY TRIAL

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Plaintiff, Jenni Rivera Enterprises Incfor its complaint alleges as follows:

JURISDICTION AND VENUE

1.

, a California corporation ("Plaintiff)

This is a civil action seekiqgcopyright infringement and arises under the

U.S.C. 101 et seq. over infringemelntunregistered works. (Reed Elsevier, Inc. v.

damages and injunctive relief forCopyright Law of the United States 17

claims involving registered andMuchnick, 559 U.S. 154, 130 S. Ct.

1237, 1248, 176 L. Ed. 2d 18 (2010))2. The Court has jurisdiction of

seq.,28 U.S.C. 1331 and 1338 (a) and (b)3. This Court has personal jurisdiction

of the acts complained of herein occurred in

District. In addition, certain Defendant is

and in this District.

4. Venue is proper in this District pursuant to 28 U.S.C. 1391 (b) and(c).

THE PARTIES

5.

this action under 17 U.S.C. lOlet

over the Defendants in that manythe State of California and in this

g business in the State of Californiadoin

Plaintiff Jennie Rivera Enterpri

relevant to this action is incorporated underauthorized to conduct business in the State

JRE's employees, tangible property and pro

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7. The true names and capacities, whether individual, corporate,associate, employee, or otherwise, of the Defendants sued herein as Does 1

through 5, inclusive, currently are unknown to Plaintiff and Plaintiff therefore suessaid Defendants by such fictitious names. Plaintiff is informed and believes, andthereon alleges, that each of the Defendants designated herein as a Doe is

responsible legally in some manner for the acts, conduct, omissions and events

e proximately thereby to Plaintiff, asto amend this complaint to allege the

referred to herein, causing injury and damagealleged hereinafter. Plaintiff will seek leave

true names, capacities and circumstances establishing the liability of theDefendants designated herein as Does 1 thrcugh 5, inclusive, at such time asPlaintiff ascertains the same.

8. Plaintiff is informed and believbs, and on that basis averts that, at alltimes herein relevant, each of the Defendants was the agent, servant, employee,supervisor, co-venturer, subsidiary and/or corporate-parent of each of theremaining Defendants and, at all times herein relevant, each Defendant was actingwithin the course, scope, purpose, consent, knowledge, ratification, andauthorization of such agency, employment, joint venture, subsidiary and/orcorporate-parent relationship.

9. Whenever in this Complaint reference is made to "Defendant", or"Defendants" and each of them, such allegations shall refer to all Defendantsnamed herein, including all Defendants designated herein as Does, and shall bedeemed to mean the conduct of any and all such Defendants acting individually,jointly and/or severally.

GENERAL ALLEGATIONS

10. Plaintiff is the copyright owner of exclusive rights under copyrightwith respect to certain copyrighted literary works and audio interviews created byJenni Rivera and/or owned by Jenni Rivera Enterprises for her autobiography,(the "Copyrighted Works"). The Copyrighted Works include "Inquebrantable".

COMPLAINT-3-

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Plaintiff has applied and received a CertificRegister of Copyrights for "Inquebrantable"registration number TX0007740034, attached

copy and is hereby incorporated by referenc 2physical control of all the works, and as a

Certificate of Copyright Registration from

Copyrighted Works. Without limitation,

copy, reproduce, create derivatives, and dist

the Copyright Works to the public, and/or to11. Prior to her death, the recordin

to have a book ("book") written concerningor about December 10, 2007, Jenni Rivera

Agreement with Maizall Media Inc. ("Maiz^llDefendant Lucio to help her publish theLoca" attached as Exhibit "2" is a true and

by reference.

12. As part of the writing process, ^

works and audio taped interviews about her

("copyrighted works".) These literary worksoriginal expression and were fixed in a tang

13. The 2007 writer's agreement clvested in Jenni Rivera to Jenni Rivera. Spec

relevant part that "all copyrights, renewals,

material contained in the Work, shall be

name, as the sole and exclusive author and

agreement also states that "with respect to

not be directly or indirectly included or

to such material shall be the sole property

te of Copyright Registration from theon August 6, 2013, with the

as Exhibit "1" is a true and correct

. Plaintiff does not currently havehas not applied and received a

Register of Copyrights for al saidPlaintiffpossesses the exclusive right to

ibute copies and audio interviews ofauthorize such distribution,

artist known as Jenni Rivera desired

tier personal and life experiences. Oneptered into a written Writer's

) for the writing services ofautobiography of her life titled "Mi Vida

^orrect copyand is hereby incorporated

enni Rivera created various literarysersonal and life experiences

and audio taped interviews contained

ilble medium of expression,sarly assigns all copyrights not alreadyifically the agreement states in

dnd extensions thereof, in and to thesecured and held in Jenni Rivera Rivera's

proprietor thereof..." Further, theaitiy oral or written material which shall

inco -porated in the Work, all rights in andoi Jenni Rivera."

result

the

W

COMPLAINT-4-

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14. Plaintiff is the owner of all

works and audio taped interviews created b>for the Book.

15. Jenni Rivera Enterprises has rRivera and has sold more than 200,000

United States alone. Jenni Rivera Enterprisaudio interviews created by and/or owned

about the life of Jenni Rivera. Jenni

creation of its creative property by salesthose works and related ancillary products.

16. As the creator and owner of

owner, Plaintiff is entitled to commerciallyand create derivatives of these literaryincome from these sources.

17. Defendant, Lucio, however, h

the author of these literary works and audiointerest and right to possess these works

18. Defendant even falsely

copyrighted works, created by JenniEnterprises, in a registration of a manuscrip

told to Laura Lucio" with the Writer's

Registry, a true and correct copy is attincorporated by reference.

19. Moreover, Defendant's exercis^copyrights in these works is obvious since

wrongful taking and interference" of these vv

20. Defendant has even used these

created by Jenni Rivera and/or owned by

cS

copyrights with respect to any literaryJenni Rivera and/or Defendant Lucio

sleased a book about the life of Jenni

books through normal retail channels in the3S intends to use the literary works and)y Jenni Rivera to release more books

Rivera Enterprises is compensated for theof H)ooks, tapes and recordings embodying

such property, and as the copyrightdistribute, reproduce, publicly perform,

works and audio interviews, and derive

claimed that she, not Mr. Rivera, isinterviews and has claimed a property

listed herself as the author of these

Rivera and/or owned by Jenni Riveratitled "Jenni Rivera, Mi Vida Loca as

Gulild of America's Intellectual Propertyched as Exhibit "3" and is hereby

of dominion and control of Plaintiff s

Lucio alleges a right to possess and aorks by Plaintiff.

literary works and audio interviews,

J^nni Rivera Enterprises, to publish her

COMPLAINT-5.

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own book about Jenni Rivera titled "Mymy friend Jenni Rivera." By using thesebook, Defendant has not only prepared acopyrighted work, but has also reproducedto the public. Moreover, Defendant has gwhich she has allowed for excerpts of the lipublicly displayed and performed.

21. These acts take place withobtPlaintiff, who does not receive and is

compensation to which it is entitled pursuantexercised dominion and control over Plaintiffbrings this action to enjoin Defendant'spossession of the copyrighted materials andPlaintiffs.

22. Plaintiffs income is deriveld

Recordings and Books which include the

Plaintiff compensated for sales of its Soun|dand from license fees derived from the

recordings and literary works.

CLAIM FOR

Crazy Life, Intimate conversations with

copyrighted works to publish her ownderivative work based on Plaintiffs

and distributed the copyrighted worksiven public interviews to the media in

works and audio interviews to beHierary

Infringement of(Against Defendant

23. Plaintiff incorporates bymentioned paragraphs of this Complaint

24. Plaintiff is the copyright owner

with respect to certain copyrighted literaryand/or owned by Jenni Rivera for her autobio

Plaintiff has applied and received a Certificate

the knowledge or permission ofbeing prevented from receiving the

to its copyrights. Defendant hass property to benefit her. Plaintiff

iknlawful practices and to recover theproceeds and damages that is rightfully

from the distribution of Sound

literary works and audio interviews.

Recordings and books to the publicreproduction and distribution of these

RELIEF

Copyrights

Laura Lucio)the allegations of the above-reference

of exclusive rights under copyright,vorks and audio interviews created byiography, (the "Copyrighted Works").

of Copyright Registration from the

COMPLAINT-6-

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United States Register of Copyrights forcurrently have physical control of all the

received a Certificate of Copyright Regfor all said Copyrighted Works,

exclusive right to copy, reproduce, createaudio interviews of the Copyright Works to

25. As described above, Defendan

Rivera is the author of these literary works

property interest and right to possess these26. Defendant Lucio even falsely

copyrighted works, created by and/or owne|lmanuscript titled "Jenni Rivera, Mi Vida

Writer's Guild of America's Intellectual

27. By exercising dominion

Defendant Lucio is preventingreproducing, publicly performing, andand audio interviews, and deriving income f

28. Defendant has used these copyriby Jenni Rivera, to publish her own book

Life, Intimate conversations with my friendprepared a derivative work based on

reproduced and distributed the copyrighted29. Defendant has given public i

allowed excerpts of the literary works

displayed and performed.

30. Accordingly, Defendant has

Plaintiff without authorization.

31. These acts take place

Inquebrantable". Plaintiff does not

and as a result has not applied andfrom the Register of Copyrights

limitation, Plaintiff possesses thederivatives, and distribute copies andthe public, and/or to authorize such.

t Lucio has claimed that she not Jenni

and audio interviews and has claimed a

literary works and audio interviews,listed herself as the author of these

by Jenni Rivera, in a registration of alLoca as told to Laura Lucio" with the

Registry,

control of Plaintiffs copyrights,from commercially distributing,

g derivatives of these literary worksom these sources.

ghted works, created by and/or owned

about Jenni Rivera titled "My CrazyJenni Rivera." Defendant has not only

s copyrighted work, but has also

A|vorks to the public.to the media in which she has

ind audio interviews to be publicly

works

istration

Withe ut

Property

and

Plaintiff

creann

Plaintiff

exercised multiple exclusive rights of

without the knowledge or permission of

COMPLAlINT-7-

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Plaintiff, who does not receive and is

compensation to which it is entitled pursuantexercised dominion and control over Plaintiff

brings this action to enjoin Defendant'spossession of the copyrighted materials andtheirs.

32. The above-mentioned acts of

willful, intentional and purposeful in disrerights of Plaintiff.

33. Plaintiffs conduct, as allegePlaintiffs copyrights and Plaintiffs exclusiveof Sections 106, 115 and 501 of the Copyright

34. As a direct and proximate

Plaintiffs copyrights and exclusive rightsdamages pursuant to 17 U.S.C. 504(b) for

35. Defendant' s conduct, as allege( 1and restrained by this court, will continue

injury that cannot fully be compensated oradequate remedy at law. Pursuant to 17

preliminary and permanent injunctionsPlaintiffs copyrights.

PRAYER FO

being prevented from receiving theto their copyrights. Defendant has

s property to benefit her. Plaintiff

jinlawful practices and to recover theproceeds and damages that is rightfully

infringement by Defendant have beengard of, and with indifference to, the

jei above, constitutes infringement ofrights under copyright in violation

Act (17 U.S.C. 106,115,501).of the infringement by Defendant of

inder copyright, Plaintiff is entitled toeach infringement.

above, is causing and, unless enjoined:o cause Plaintiff great and irreparablemeasured in money. Plaintiff has no

U.S.C. 502, Plaintiff is entitled toprohibiting further infringement of

result

RELIEF

WHEREFORE, Plaintiff request judgment against Defendant, and each ofthem, for:

1. For damages in such amount as

Defendants to account for and pay over to

of copyright infringement; alternatively,

$150,000 with respect to each copyright

may be found, and requiring

Pjlaintiff all profits derived from all actsstatutory damages in the amount of

work involved in the action, for all

for

COMPLAINT-8-

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infringements with respect to the copyrighamount as may be proper pursuant to 17 U.

2. A preliminary and a permaneijiteach of them, and their respective agents,successors, licensees and assigns, and allwith each or any of them, from: (a) directlyany of Plaintiff s respective copyrights

including, without limitation, the literaryand/or owned by Jenni Rivera for the book,enabling, facilitating or participating inrespective copyrights including, without liinterviews created by and/or owned by Jenn

3. A preliminary and a permaneijiteach of them, and their respective agents,successors, licensees and assigns, and allwith each or any of them, during thedeliver up for impoundment or destruction

possession, custody or control which were

conduct as alleged above;

4. An order authorizing the

authorized agents, the state and local policesupervision, to seize and impound any and idrives or software containing or allowingworks and audio interviews in Defendant's

5. Prejudgment interest according6. Plaintiffs attorney's fees, costs7. Such other and further relief as

ted work concerned, or for such other

C 504(c).injunction enjoining Defendant, and

servants, employees, officers, attorneys,persons acting in concert or participation

or indirectly infringing in any mannernow in existence or later created);

vj'orks and audio interviews created byand (b) from causing, contributing to,

infringement of any of Plaintiffslimitation, the literary works and audio

Rivera for the book.

injunction requiring Defendant, andservants, employees, officers, attorneys,

persons acting in concert or participationof this litigation and afterwards, to

all instrumentalities or devices in their

used by Defendant in their unlawful

(whether

tie

course

United States Marshal, and or Plaintiffsmd/or any persons working under their11 computer discs, drives, servers, hard

unlawful access to any of the literary

possession, custody or control;to law;

and disbursements in this action; and

the court may deem just and proper.

COMPLAINT

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DATED: September 30, 2014

By:

LAW OFFICES LOPEZ &ASSOCIATES

Anthony R.'Lopfez, Attorneys forPlaintiff Jenni Rivera Enterprises, Inc.,

COMPLAIINT-10

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DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by juiy

DATED: September 30, 2014

By:

LAW OFFICES

Anthony R/Lopez, Attorneys forPlaintiff Jenni Rivera Enterprises, Inc.,

COMPLAINT-11

SSOCIATES

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EXHIBIT " 1"

COMPLAlINT

9/30/2014 WebVoyage Record View 1

CopyrightUnited States Copyright Office

Help Search History Titles Start Over

Public Catalog

CopyrightCatalog (1978 to present)Search Request: LeftAnchored Name = Jenni Rivera EnterprisesSearch Results: Displaying 5 of 12 entries

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Inquebran, able.

Text

TX0007740034 / 2013-08-06Inquebrantable.Inquebrantable.Book.

Jenni Rivera Enterprises, Incthe Americas, New York, N|Y.2013

2013-07-02

United States

Jenni Rivera Enterprises, IncSpanish language translation.Unbreakable (English)OriginalEnglish text, photos.Spanish language translation.Simon & Schuster PermissionsAmericas, New York, NY,

9781476750064

Jenni Rivera Enterprises, Inc.

Address: c/o Simon & Schuster, Inc., 1230 Avenue of, 10020, United States.

, employer for hire; Domicile: United States. Authorship:

Type of Work:Registration Number / Date:

Application Title:Title:

Description:

Copyright Claimant:

Date of Creation:Date of Publication:

Nation of First Publication:Authorship on Application:

Alternative Title on Application:Pre-existing Material:

Basis of Claim:Rights and Permissions:

ISBN:

Names:

Dept, c/o Simon & Schuster, Inc., 1230 Avenue ofthe0020, United States, (212) 698-7284

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1/2

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Type of Work:

cocatalog .loc.gov/:gi-bin/Pwebrecon.cQ

Text

Registration Number / Date:TX0007740034 / 2013-08-06

Application Title: Inquebrantable.

Title: Inquebrantable.

Description: Book.

Copyright Claimant:Jenni Rivera Enterprises,

Date of Creation: 2013

Date of Publication:

2013-07-02

Nation of First Publication:

United States

Authorship on Application:Jenni Rivera Enterprises,

Domicile: United State

translation.

Alternative Title on Application:Unbreakable (English)

Pre-existing Material:Original English text, phcfctos.

Basis of Claim: Spanish language translat

Rights and Permissions:Simon & Schuster Permissi

Inc., 1230 Avenue of t'.United States, (212) 6

ISBN: 9781476750064

Names: Jenni Rivera Enterprises,

http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi~{H~

Inc.

Inc., employer for hire;. Authorship: Spanish language

on.

ns Dept., c/o Simon & Schuster,e Americas, New York, NY, 10020,8-7284

Inc.

1/1

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EXHIBIT "2"

COMPLAINT

IS-

This Agreement dated January 1,2006 lietween"Subject-") and Maizall Media, Inc. (hereinafter rjferredLaura Lucio (hereinafter referred to as "Writer").

WHEREAS, Subjectdesires to haveaworlLife experiences (hereinafter referred to as the

Jenni Rivera (hereinafter referred to asto as "Lender") for the writing servicesof

written eoncerningherpersonal audprofessional'''); and^oif

WHEREAS, Subject desires to engage WrWHEREAS, Subject and Lender desire toNOW THEREFORE, in consideration of

parties hereto agree as follows:

iter;

have the Work published;

the mutual covenants hereinafter set forth, the

1,PURPOSE: Subject intends to publish the autobioSubject is entering into this Agreement with Lerderservices wherein Writer will write the Work, then

2, DEADLINE; Each party shall perform its obligafor the Work is ready for submission to potential