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Matthew Katz, Pro per
29903 Harvester Road Malibu, CA 90265
Tel: (310)457-4844 Fax: (310)457-1855
Attorney for: Plaintiff
MATTHEW KATZ (doing business as "MOBY GRAPE", "ITS A BEAUTIFUL DAY",
"AFTER YOU PUBLISHING COMPANY"
and "SAN FRANCISCO SOUND") Plaintiff, V. BUSINESS RELATIONS, and
GRACE SLICK, HERBIE HERBERT, JERRY
MILLER (AKA "JO JOHNSON"), PETER
LEWIS, GLENDON MISKEL, BEN B U R-M A N , "DOUG"
(W E B M A N 7 2 @ H 0 T M A I L. C 0 M),
NETWORK SOLUTIONS, INC., GEOCITIES,
YAHOO! INC., SONY MUSIC
ENTERTAINMENT, INC., LA WEEKLY,
DAVID RUBINSON, BRIAN ROHAN, and
DOES I through 40, inclusive,
Defendants.
FILED
SANTABARBARA SUPERIOR COURT
JUN 2 5 1999
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA, COOK DIVISION
CASE No.SM113552
COMPLAINT FOR:
DEFAMATION, INTERFERENCE WITH
ECONOMIC AND ADVANTAGEOUS
BUSINESS RELATIONS, and
INTENTIONAL INFLICTION OF PAIN
DEMAND FOR JURY TRIAL
JURISDICTION AND VENUE
1. The Plaintiff MATTHEW KATZ ("Katz"), is, and at all times relevant was, an individual
residing in the county of Los Angeles, State of California.
2, Plaintiff is informed and believes, and thereon alleges, that defendant HERBIE HERBERT,
1
I is a resident of the county of San Francisco, State of California.
2 3. Plaintiff is informed and believes, and thereon alleges, that defendant PETER LEWIS, is a
3 resident of the county of Santa Barbara, State of California.
4 . 4. Plaintiff is informed and believes, and thereon alleges, that defendant JERRY MILLER, is
5 a resident of the State of Oregon with a business address in tthe Sunnyvale, California.
6 5. Plaintiff is informed and believes, and thereon alleges, that defendant BEN BURMAN, is a
7 resident of the State of California with a business address in the Sunnyvale, California.
8 6. Plaintiff is unaware of the identity or location of "Doug" webman72@hotmail.com.
9 7. Plaintiff is informed and believes, and thereon alleges, that defendant NETWORK
I0SOLUTIONS, INC.'S principal place of business is Herndon, Virginia.
I1 8. Plaintiff is informed and believes, and thereon alleges, that defendant GEOCITIES has
12been purchased and is now owned by YAHOO! INC., whose principa place of business is in Santa
I3Clara, California.
14 9. Plaintiff is informed and believes, and thereon alleges, that defendant SONY NIUSIC
15ENTERTAINMENT and LA WEEKLY'S principal place of business is Los Angeles, California.
16 1 0. Plaintiff is informed and believes, and thereon aalleges, that defendant GRACE SLICK, Is
17 a resident of the county of Los Angeles, State of California.
18 1 1. Plaintiff is informed and believes, and thereon alleges, that defendants GLENDON
19 MISKEL, DAVID RUBINSON, and BRIAN ROHAN are residents of the county of San Francisco,
20 State of California.
21 12. Each Defendant is, and at all times herein mentioned was, the agent of all other
0
22 Defendants, and each of them, and in doing the things herein alleged was acting within the scope of
0
23 his agency and authority.
In
24 13. The true names and capacities of Defendants sued herein as DOES I through 40,
25 inclusive, are at this time unknown to Plaintiff, who therefore sues said Defendants by such fictitious
26 narnes. Plaintiff will amend this Complaint to allege their true narnes and capacities when obtained.
27 Plaintiff is informed and believes and thereon alleges that each of the fictitiously named Defendants is
28 2
I responsible in some manner for the occurrences herein alleged, and that Plaintiff s damages as herein
I 1
2 alleged were proximately caused by their conduct.
3
4 BACKGROUND FACTS
5 14. During the 1960's, Plaintiff Matthew Katz was doing something unique in the music
6 industry. He was personally bringing together musicians to form new bands. He created bands. The
7 first band he created was jefferson airplane. The second band he created was Moby Grape. The
8 third band he created was It,s A Beautiful Day. Each of these bands, while under the guidance,
9 direction and promotion of Matthew Katz, became world famous selling millions of records and
I 0 earning millions of dollars in live performances worldwide.
ID
I 1 15. At the inception of Moby Grape in or around 1966, each and every band member selected
1 2 by Katz (including Defendants herein JERRY MILLER and PETER LEWIS) acknowledged in
I ') writin(T that Katz was the sole owner of the name Moby Grape. Later, in their 1967 recording
14 contract with CBS Records (now Sony Music), each band member again acknowledged Katz'
15 ownership to the name Moby Grape.
1 6 16. Since that time, Katz has made continual use of the name Moby Grape in interstate
1 7 commerce by promoting, advertising and financing live performances and CD sales by Moby Grape.
I 8 Additionally, Katz is the owner of the federal Trademark to the name Moby, Grape, issued by the
1 9 United States Patent and Trademark Office as Registration No. 2,139,020. Katz is also the owner of
20 the Service Mark to the name Moby Grape, issued by the United States Patent and Trademark Office
2 1 as Registration No. 1,888,999. Finally, Katz holds the current California registration for the fictitious
2 2 business name Moby Grape.
2 3 17. Continually over the last 30 years and on numerous occasions the former band members
24 have acknowledged Katz' ownership to the name Moby Grape by virtue of their actions. They have
25 come to
gether on several occasions to perform as Moby Grape under the direction and financing of
26 Matthew Katz, including live performances in San Jose, Marin City and the Moscone Center in San
27 Francisco in 1987, and on Earth Day in Los Angeles in 1990. During 1983 and 1984, the former
28
3
I members also recorded the Moby Grape "Heart" album under Matthew Katz' production and for
2 Katz' label, San Francisco Sound. At all times during these performances it was understood by all
3 involved that Matthew Katz was the sole owner of the name Moby Grape.
4 18. Any time defendants attempted to perform as Moby Grape without Katz's approval, Katz
5 filed temporary restrainling orders to protect his rights, Katz was forced to file TRO's for
6 performances at the American Music Hall, the Universal Ampitheature and others and the former
7 members were fully aware of the TRO's. During the 1990's, the former members also participated in
8 negotiations with Katz for the use of the name Moby Grape. Through their attorneys Gary Wishick
9 and Michael Morris, defendants sought Katz' approval to do live performances as Moby Grape
I 0 without Katz' involvement.
I 1 19. Members of the San Francisco 49ers or Los Angeles Dodgers who played in the 1960's
1 2 could not begin playing again and call themselves the "49ers" or "Dodgers". Similarly, the former
1 3 members of Moby Grape cannot expect to come back after leaving the team long ago and expect to
1 4 own the name Moby Grape.
1 5 20. Two named Defendants herein, JERRY MILLER and PETER LEWIS, were selected by
1 6 Katz as original members of Mohy Grape. In 1994, these Defendants, along with original members
1 7 DON STEVENSON, ROBERT MOSLEY and ALEXANDER SPENCE (collectively referred to as
i s "the former band members") began a campaign of harassment and litigation which has now grown
1 9 into 6 separate lawsuits and is costing Matthew Katz over a hundred thousand dollars to defend.
20 21. The entire operation is conducted and financed by Defendant HERBIE HERBERT, the
2 1 wealthy ex-manager of the band "Journey", whose goal is to take over the Moby Grape enterprise.
22 Katz has kept the Moby Grape name alive and in the public eye for the last 30 years at a cost of
23 hundreds of thousands of dollars. Defendant GLENDON MISKEL participates in the campaign as an
24 overzealous attorney. Defendant SONY MUSIC ENTERTAINMENT has collaborated with and
25 aided the defendants campaign by passing along information and helping with legal strategy. The
26 goal of these defendants is to put Katz out of business through the institution of costly and
27 unrelenting litigation and a public campaign of false and disparaging comments to damage Katz'
28 4
I reputation in the music industry. The continued willful and malicious harassment by these Defendants
2 is the subject of the present action.
4 FIRST CAUSE OF ACTION
DEFAMATION Civil Code 45, 45a
6 22. Plaintiff is informed and believes and thereupon alleges that in or around October, 1998
7 Defendants caused to be published a web site called the "Matthew Katz Legacy Page" that circulated
8 throughout the Internet 13 pages of threats of physical violence and false accusations which called
9 into question the manner in which Matthew Katz conducts business activities. The 13 pages are
I 0 attached hereto and incorporated herein as Exhibit "A". The web site was a homepage of, and
I I located at, Defendant GEOCITIES, which has been purchased and is now owned by Defendant
1 2 YAHOO! INC. Matthew Katz' cease and desist letter to Geocities is attached hereto and
1 3 incorporated herein as Exhibit "B".
1 4 23. The Matthew Katz Legacy Page was included as a link from an unauthorized Moby
1 5 Grape web site located on Defendant GEOCITIES at www.geocities.corn/SunsetStrip/1256. The
16 unauthorized Moby Grape geocities site has since been transferred to another unauthorized web site
1 7 located at www.mobygrape.com. The Matthew Katz Legacy Page was also included as a link from
I 8 www.mobygrape.com. This unauthorized MobyGrape website is run by Defendant BEN
19 BURMAN and Defendant "DOUG" webman72@hotmail.com. The domain name mobygrape.com
20 was issued by Defendant NETWORK SOLUTIONS, INC. A cease and desist letter and subsequent
21 correspondence with Ben Burman, a cease and desist to "Moby Grape" at 594 Remington Drive in
22 Sunnyvale, CA, a printout from mobygrape.corn which lists Doug webman72@hotmail.com as
23 webmaster, a cease and desist letter to Doug with a cc: to Glendon Miskel, and a cease and desist to
24 Defendant Network Solutions, Inc. are attached hereto as Exhibit "F".
25 24. In addition to the false accusations, Defendants made threats of physical violence not only
26 against Matthew Katz, but also against his daughter (See Exhibit "A"). The web site also included
27 Katz' home address with a map and directions and placed Katz in fear of his own life, plus the lives of
28 5
I his family, friends and associates. Katz' was forced to spend several months away from his home in
2 fear of returning during which time he lost work time all to the damage of his business. It took only
3 one incited lunatic to kill John Kennedy, John Lennon, etc.
4 25. The false accusations made by Defendants about Matthew Katz are libelous on their face
5 in that they severely damage Katz' reputation in the music industry, which is his trade and profession.
6 26. Exhibit "A" Page I of 2
7 The introduction to the threats and false accusations contains the following statements:
8 (1) "I hope you like our little web site, Mr. Katz. Jerry Miller has a personal message
9 which we think was intended just for you -just click here to listen. and
I 0 (2) "In recent months the hand Moby Grape has been on the attack against Matthew
I I Katz, attacking him where it hurts -- in his wallet. They've launched an all out effort to stop him
12 from receiving royalties from throughout the world on music that they've recorded, money which
1 3 he's been collecting for over 30 years. Kudos to Herbie Herbert, Journey's ex-manager, who has
1 4 helped out tremendously in this effort."
1 5 27. Exhibit "A" Page I of 12
1 6 The libelous and offensive insults were also preceded by the following message:
1 7 A. "If you're considering doing business with Matthew Katz, I'd suggest that you
1 8 read the following comments carefully. Perhaps you'll want to reconsider."
19 The body of the threats and false accusations included the following:
20 B. "[He is aj Leach, Leach, Leach no talent, living off the work of others";
2 1 C. "Somebody is gonna put a cap in your ass!";
22 D . "Hey, Katz'daughter is minding the retail music business! It would not be
23 too hard to do her! Get his attention now!"
24 28. Exhibit "A" Page 2 of 12
25 E. "One more thing: God bless Herbie Herbertfor all his efforts. Apartfrom
26 the music, he's done a lost to improve the lives of these fine musicians and excellent people!"
27 29. Exhibit "A" Page 3 of 12
28 6
I F. "There is, of course, no point in trying to reach such an arrogant, self-
2 important ass by personal insults, but hitting him where it hurts - in his pocketbook & by exposing
3 his disgusting business practices to the world may bring some good out of all the tragedy which he
4 has inflicted. He is one ofthose typical greedy people hungry for attention and devoid of any other
5 talent than bullshitting that always seem to prey on those who actually spend most Qf their lives
6 trying to create art. . . ifyou (Matthew) would like to arrange a more private personal scenario
7 where I can physically demonstrate to you with no outside influences just what I think of you and
8 those leeches like you that have been living on the lifeblood of real artist, let me know where & we'll
9 Jam",
I 0 30. Exhibit "A" Patze 4 of 1t
1 1 G. "Katz has previously misinformed the Court and needs lo be held
12 accounlable for his misinformation"
1 3 H. The following comment by "Jo Johnson"....he has been using deceitful
14 tactics, belligerent litigiousness and blatantly unethical business conduct by design, keeping them
1 5under his personal siege. "
1 6 3 1. Exhibit "A" Page 5 of 12
1 7 1. Another comment by "Jo Johnson": "He is indeed diabolical, the control freak
I 8 of all time, and refuses to see how maniacal his greed has taken him. The man has obviously set
19 about establishing an all-time low in the industry. .
9
20 32. Exhibit "A" Page 6 of 12
21 J. "Lets see this bastard Katz nailed to the wall"
22 K. "What an inexcusable parasite!";
23 3. Exhibit "A" Pmie 7 of 12
24 L. "I'll neverfiorget what that son qf a BITCH looks like!",
25 M. "Evil, ruthless bastard!",
26 34. Exhibit "A"Page 8 of 12
27 N. you not only sleal from [the artists] but, by hindering their artistry for all
28 7
I these years, you steal from us.
2 0. "Bottom feeder, scum sucker"
3 P. "I'll kick his ass for a dollar",
4 35. Exhibit "A" Page 9 of 12
5 Q. someone would douse you with kerosene and set your ass onfire . you
6 deserve a good kick in the ass. "
7 R . "Low down shme. Rot Matthew!!
8 36. The comments by "Jo Johnson" directly attack Matthew Katz' business practices and
9 falsely accuse Katz of fraudulent and unethical business practices. The E-Mail listed for "Jo Johnson"
I 0 is jnjprod@foxinternet.net (see Exhibit "A" page 4 of 12). Attached hereto as Exhibit "C" and
I I incorporated herein is a printout from the original version of the mobygrape.com web-site which
1 2 states that jnjprod@foxinternet.net is the E-Mail address for Defendant JERRY MILLER (see
I 3 Exhibit "C" page 2 of 2).
1 4 37. Attached hereto as Exhibit "D" and incorporated as though fully set forth herein is a letter
I 5 from Katz addressed to Defendant GLENDON MISKEL dated January 13, 1998. Large Portions of
1 6 this letter were reproduced and included in the false and libelous statements published on the Internet,
1 7 (See Exhibit "A" page 5 of 12). Matthew Katz sent this letter to Defendant GLENDON MISKEL in
I 8 confidence in an attempt to settle the pending dispute between he and the former band members.
I ( 3S. Attached hereto as Exhibit "E" and incorporated as though fully set forth herein is a letter
20 from Defendant GLEN-DON MISKEL to Katz dated December 22, 1998. The letter acknowledies
2 1 that the threats and false accusations published on the Internet are "offensive", "inappropriate", and
22 "repugnant" to Defendant GLENDON MISKEL and each of the former band members including
Defendants PETER LEWIS and JERRY MILLER. The letter goes on to state "I have now spoken
24 with Jerry, Don, Peter and Bob who individually, and collectively deny any role in the creation or
5 maintenance of this website
2o 39 In fact, Exhibits "A", "C" and "D" demonstrate that Defendants GLENDON MISKEL
and JERRY MILLER were directly responsible for the comments of "Jo Johnson". which contain the
I damaging false accusations about Katz' business practices.
40. Plaintiff is informed and believes, and thereon alleges that Defendant HERBIE
HERBERT has directed, encouraged, facilitated, and financed the willful and malicious campaign
4 harassment undertaken by Defendants to damage Matthew Katz' reputation in the music industry and
5 to otherwise inflict physical and emotional distress on Katz.
6 41. Plaintiff is informed and believes, and thereon alleges that Defendant Peter Lewis
7 continually makes false and disparaging remarks about Katz and his company including likening Katz
8 to "Ahab" meaning the bad character in the orioinal story of Moby Dick.
9 42. With actual malice, Defendants have exposed Katz to hatred, contempt, and ridicule. The
I 0 threats and false accusations have caused Katz to be shunned and avoided. Furthermore, the threats
I I and false accusations have severely injured Katz' good name and reputation in the music industry,
1 2 which is his trade and profession.
1 3 43. Opportunities for Katz to do business with entities such as Warner Records, RCA, CBS
14 Records/Sony Music, Spelling Entertainment, the Universal Amphitheater, the American Music Hall,
1 -5 the Grateful Dead, Janis Joplin, and other companies, venues and bands have been lost by Defendants
1 6 actions and words which have severely damaged Katz' reputation
1 7 44. The web site was seen and read by persons worldwide, especially by those persons who
I 8 work- in and around the music entertainment industry.
] 9 45. As a proximate result of the above described publication, plaintiff Matthew Katz has
20 suffered loss of his reputation, shame, mortification, hurt feelings and has been forced to reclusiveness
2 1 all to his general damage.
46. As a further proximate result of the above-described publication, plaintiff Matthew Katz
13 I I
) has suffered special damages in that Defendants have caused interference with advantages business
24 relations and plaintiff has suffered injury to his business, trade, and occupation as a producer and
2@ manager of musical performing groups.
47. The above-described publication was published by the Defendants, and each of them,
2 7 with actual malice, oppression, and fraud, in that the published statements' sole purpose is to
9
I purposefully and severely injure the reputation and good name of plaintiff Matthew Katz and to
2 inflict severe emotional and physical injury, and thus Plaintiff seeks an award of exemplary damages in
3 the amount of $3,000,000.00 so as to punish and deter Defendants from continuing their self admitted
4 "attack" on Matthew Katz.
5
6 SECOND CLAIM FOR RELIEF
INTERFERENCE WITH ECONOMIC AND ADVANTAGEOUS
7 BUSINESS RELATIONS
[CCP 3294, 3333, 3422, CCP@ 526, 527(a)]
9 48. Plaintiff re-alleges each and every allegation set forth in paragraphs I through 47, and
10 incorporates them herein by this reference.
I 1 49. As part of a 1979 settlement with CBS Records (now Sony Music), Katz acquired the
12 exclusive right to manufacture and sell the first two Moby Grape CD's (s/t and Wow/Jam) and first
1 3 two It's a Beautiful Day CD's (s/t and Marrying Maiden) with original cover artwork.
1 4 50. As a result of the 1979 Settlement with Sony Music, an economic relationship exists
1 5 between Katz and his distributors and consumers in which Plaintiff has customarily provided albums
1 6 to various retailers and distributors including, but not limited to Bayside, Passport and Valley Media.
1 7 Plaintiff has an agreement to supply his distributors with albums on a continuing basis.
1 8 5 1. Plaintiff additionally has relationships with persons throughout the music industry which
1 9 relationships are beneficial in producing live musical performances.
20 52. Defendants knew of the above described relationships.
2 1 53. Despite such known relationships, defendants hold themselves out as Mohy Grape,
22 participate in unauthorized performances as Moby Grape and make false allegations concerning Katz'
23 right to do business as Moby Grape with the intent to harm Plaintiff financially and to induce the
24 above mentioned third parties to sever or void their business relationships with Plaintiff. None of the
25 unauthorized performances are successful and Defendants have chosen not to promote their own
26 record label, San Francisco Sound.
27 54. Plaintiff is informed and believes, and thereon alleges, that Defendant PETER LEWIS has
28 1 0
I taken over the management of the band and is responsible for arranging the unauthorized bookings of
2 live Moby Grape performances.
3 55. Defendants also interfere with Katz' business relationships by promoting illegitimate
4 parallel imports and counterfeit Moby Grape CD's made by companies such as Line Records in
5 Germany, Demon Records in England, Sony Music, Escape Records, and Warner Brothers which has
6 caused third parties such as Blockbuster Music to sever it's business relationship with Katz. Sony
7 Music has also admitted that it will not do business with Katz. Further business relationships never
8 came about due to the interference of Defendants.
9 56. Katz is informed and believes, and on that basis alleges that Defendants have entered into
10 unauthorized agreements with Demon Records, Warner Bros. Records, Line Records, and Escape
I I Records, among others, for the illegal production and sale of counterfeit and parallel import Moby
1 2 Grape CD's.
13 57. The conduct and false accusations of Defendants jeopardize the above described
14 relationships and have placed Katz in jeopardy of losing rights which rightfully belong to him,
15 including the uncontested and uninterrupted right to sell Moby Grape CD's. Plaintiff is informed and
1 6 believes, and thereon alleges that Sony Music, in collaboration with and as a result of the Defendants'
1 7 false statements and conduct, intends to make an attempt to void the 1979 Settlement and
I 8 relationship it entered into with Katz in a pending arbitration in Los Angeles. Additionally,
1 9 prospective business relations with other distributors and consumers never occurred due to the
20 Defendants' conduct.
21 58. Plaintiff is informed and believes, and thereon alleges that Sony Music is working in
22 collaboration with and aiding Defendants in an effort to put Katz out of business.
23 59. Defendants have continuously and consistently made disparaging remarks toward
24 Matthew Katz and his record label San Francisco Sound. Defendants have made false statements
25 alleging that San Francisco Sound recordings are of poor quality. In fact, San Francisco Sound has
26 always used the highest form of technology available in manufacturing either vinyl or compact disc
27 albums. San Francisco Sound vinyl was mastered at half speed with new stampers being used after
28 1 1
*4
I every 1,000 copies. For compact discs, digital transfers are done using only the latest technology
2 available by Bernie Grundman studios which is recognized as one of the finest in the country. San
3 Francisco Sound pioneered the production of high quality Audiophile records.
4 60. Opportunities for Katz to do business with entities such as Warner Records, RCA, CBS
5 Records/Sony Music, Spelling Entertainment, the Universal Amphitheater, the American Music Hall,
6 the Grateful Dead, Janis Joplin, and other companies, venues and bands have been lost by Defendants
7 actions and words which have severely damaged Katz' sales and reputation.
8 61. The actions of Defendants have caused Katz to incur significant legal and promotional
9 expenses in the policing and promotion of his own music sales so as to compete against Defendants
I 0 and the counterfeiters and to maintain the good name of San Francisco Sound musical CD's.
I 1 62. As a proximate result of the Defendants' conduct and the threatened severance of
1 2 business relations by Sony Music, plaintiff has suffered and will suffer damages including the costs of
13 litigation in a sum to be proven at trial.
14 63. The aforementioned acts of the Defendants, and each of them, are willful and oppressive.
1 5 Plaintiff is therefore entitled to punitive damages in the amount of $3,000,000.
1 6 64. These Defendants threaten to continue to disrupt the business relations of Matthew Katz,
1 7 and unless restrained and enjoined, will continue to do so, all to Katz' great and irreparable injury, for
9
I 8 which damages would not afford adequate relief in that they would not completely compensate for
1 9 the injury to Katz' business reputation and goodwill.
20
21 THIRID CLAIM FOR RELIEF
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
22
23 65. Plaintiff re-alleges each and every allegation set forth in paragraphs I through 64, and
24 incorporates them herein by this reference.
25 66. The web site included Katz' home address with a map and directions and placed Katz in
26 fear of his own life, plus the lives of his family, friends and associates. Katz' was forced to spend
27 several months away from his home in fear of returning during which time he lost work time all to the
28 12
*4
I damage of his business. It took only one incited lunatic to kill John Kennedy, John Lennon, etc.
2 67. The Defendants' conduct is intentional and malicious and done for the purpose of causing
3 Matthew Katz, who is now 69 years old, to suffer humiliation, mental anguish, and emotional and
4 physical distress. Defendants' conduct is done with knowledge that Katz' emotional and physical
5 distress would thereby increase, and is done with a wanton and reckless disregard of the
6 consequences to Katz.
7 68. The debilitating distress inflicted by Defendants caused Katz to enter into a weakened
8 state of preoccupation with his legal, financial and business problems. During this time, and as a
9 result of Defendant's intentional attack, Katz was injured by a horse which ran over him causing a
I 0 fractured hip, painful surgery to insert a pin and ball Joint, months of painful rehabilitation and the
I I possibility that Katz will never be able to walk normally again.
1 2 69. Skip Spence was a former member of two of Katz bands, jefferson airplane and Moby
I 3) Grape. Matthew Katz and Skip Spence have been long time friends and have always been very found
1 4 of each other. When Spence dropped out of jefferson airplane, he was very upset and he cried in
1 5 Katz' arms. Katz promised that he would create another band and that Spence could be in it. That
16 band was Moby Grape. Sadly, Skip Spence recently died. Defendants prevented Katz from
1 7 attendinu the funeral and went as far as threatening a restraining order and having security at the
1 8 funeral to remove Katz if he attended. A letter dated April 19, 1999, from Defendant Glendon
1 9 Miskel which requests that Katz not attend the funeral is attached hereto as Exhibit "G".
20 70. As a direct and legal result of the intentional conduct of Defendants, Katz was hurt and
2 1 injured in his health, strength, and activity, sustaining injury to his nervous system and person, all of
22 which injuries have caused and continue to cause Katz great mental, physical, emotional, and nervous
23 pain and suffering. As a result of these injuries, Katz has suffered general damages in an amount to
24 be proven at trial.
25 7 1. As a further direct and legal result of the conduct of Defendants, Katz has incurred, and
26 will continue to incur, medical and related expenses. Katz does not know at this time the exact
27 amount of expenses that have been incurred and that will be incurred in the future. When Plaintiff has
28 1 3
I ascertained this amount, Plaintiff will seek leave of court, orally or in writing, to amend this complaint
2 to insert this amount.
3 72. As a legal and proximate result of Defendants' acts, Plaintiff was prevented from
4 attending to his usual profession as a Music Producer and thereby has suffered and will continue to
5 suffer the natural and reasonable damage to its business, including loss of reputation and goodwill and
6 the loss of sales and profits which Katz would have made but for Defendants' acts, all to Katz'
7 damage. At present, the amount of such damages, gains, profits and advantages cannot be fully
8 ascertained by Katz but will be proven at trial.
9 73. The aforementioned acts of Defendants are willful, wanton, malicious and oppressive,
I 0 were undertaken with the intent to oppress, and Justify the awarding of exemplary and punitive
I I damages.
12
1 3 FORTH CAUSE OF ACTION
DEFAMATION Civil Code 45, 45a
14 (SLICK, HERBERT, LA WEEKLY, RUBINSON, ROHAN)
1 5 74. Plaintiff re-alleges each and every allegation set forth in paragraphs I through 73, and
1 6 incorporates them herein by this reference.
1 7 75. Plaintiff is informed and believes and thereupon alleges that in or around October, 1998
I 8 Defendants caused to be published a web site that circulated throughout the Internet 13 pages of
1 9 threats of physical violence and false accusations which called into question the manner in which
20 Matthew Katz conducts business activities.
21 76. Exhibit "A" Page 4 of 12
22 The body of the threats and false accusations also included the following:
23 "Grace Slick added, 'I was not in the band at the time ... at some party with the
24 Airplane.. 'Ooh, you've got to meet our new manager. He's like going to do all the shit for us, and
25 everything. ' They pointed to him across the room. He, had on a black beard black mustache, and a
26 black cape with a red lining, and while lace cuffs. He looked the way Hollywood says, 'Here's the
27 devil'.. I went, 'That's going to be your manager? You're kidding"
28 1 4
1 77. The embarrassing description and characterization made by Defendant GRACE SLICK
2 is, in fact, completely untrue.
3 78. Defendant Slick continues to make additional defamatory statements about Matthew Katz
4 to persons in Matthew Katz' community and to Katz' niece.
5 79. Katz is informed and believes, and on that basis alleges, that Defendant HERBIE
6 HERBERT has and continues to make defamatory remarks about Katz to persons in the music
7 business, the press, and also in the general public. Herble Herbert has never even met Matthew Katz.
8 80. Defendants DAVID RUBINSON and BRIAN ROHAN made wholly untrue and
9 defamatory remarks in "LA Weekly" and many other similar papers which are read by millions of
I 0 persons throughout the world and by many persons in the music business in Los Angeles.
I I "[Katz isj a nefarious, immoral, thieving.fuck." --David Rubinson, LA Weekly, March 25,
12 1994.
"[Katz isl the biggest cunt in the husiness." --Brian Rohan, LA Weekly, March 25, 1994.
14 A copy of the statements published in the LA Weekly are attached hereto and incorporated herein as
I 5 Exhibit "H".
1 6 8 1. The false accusations made by Defendants about Matthew Katz are libelous on their face
1 7 in that they severely damage Katz' reputation in the music industry, which is his trade and profession.
1 8 82. With actual malice, Defendants have exposed Katz to hatred, contempt, and ridicule. The
1 9 threats and false accusations have caused Katz to be shunned and avoided. Furthermore, Defendant's
20 threats and false accusations for the last 22 years have severely injured Katz' good name and
21 reputation in the music industry, in the general public, and in the community where Katz lives.
22 83. The web site and magazine were seen and read by persons nationwide, especially by those
23 persons who work in and around the music entertainment industry.
24 84. As a proximate result of the above described publication, plaintiff Matthew Katz has
25 suffered loss of his reputation, shame, the shame and mortification brought to his children, hurt
26 feelings and has been forced to reclusiveness all to his general damage.
27 85. As a further proximate result of the above-described publication, plaintiff Matthew Katz
28 1 5
I has suffered special damages in that plaintiff has suffered injury to his business, trade, and occupation
2 as a producer and manager of musical performing groups.
3 86. The above-described publication was published by the Defendants, and each of them,
4 with actual malice, oppression, and fraud, in that the published statements' sole purpose is to
5 purposefully and severely injure the reputation and good name of plaintiff Matthew Katz and to
6 inflict severe emotional and physical injury, and thus Plaintiff seeks an award of exemplary damages in
7 the amount of $3,000,000.00 so as to punish and deter Defendants from continuing their self admitted
8 "attack" on Matthew Katz.
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PRAYER FOR RELIEF
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1 1 WHEREFORE, Plaintiff prays forJudgment against Defendants as follows:
1 2 1. For general damages according to proof
1 3 2. For lost earnings, past and future, according to proof,
14 3. For exemplary and punitive damages in the amount of $3,000,000.
1 5 4. For an order requiring Defendants, and each of them, to show cause, if indeed such exists,
1 6 why they should not be enjoined as set forth below, during the pendency of this action;
1 7 5. For a temporary restraining order, a preliminary injunction, and a permanent injunction, all
1 8 enjoining Defendants from continuing to disrupt Plaintiff's business relations by holding themselves
19 out as Moby Grape, by making unauthorized performances as Moby Grape, and by making false
20 accusations concerning Katz business practices and rights to sell Moby Grape CDs.
2 1 6. For costs of suit herein incurred, and
22 7. For any other and further relief as the court may deem proper.
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26 Dated: 6/15/99
27 Matthew Katz, Pro per
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